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TC Council Packet 07-22-2008TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, JULY 22, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD I1LART pit th, VALLEY VON 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 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. 2008 Healthy Home Tour & Fair (Fraidy Aber, Executive Director, Vail Symposium) Review of this year's event 5. INTRODUCTION OF NEW POLICE EMPLOYEES & AWARDS PRESENTATION (Brian Kozak, Police Chief) 6. NEW BUSINESS a. Main Street Preliminary Design Streetscape Improvements - Presentation of Preliminary Design Options (Justin Hildreth, Town Engineer) The Main Street Design Team presents the preliminary design of the new Main Street 7. ORDINANCES 8. RESOLUTIONS a. Resolution No. 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision — PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6) (Shane Pegram, Engineer II) This condominium map resubdivides the existing lot 1, Chateau St. Claire Subdivision — PUD into 49 distinct condominium units, general common elements, and limited common elements b. Resolution No. 08-28, Series 2008, Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements (Justin Hildreth, Town Engineer) Acceptance of improvements consisting of streets, roads, walkways, drainage facilities & utilities required to access & serve the subdivision c. Resolution No. 08-29, Series of 2008, A Resolution to Amend the 2008 Town of Avon Budget (Scott Wright, Assistant Town Manager Finance) Budget amendment addressing changes to General Fund and Transit Enterprise Fund Avon Council Meeting.08.07.22 Page 4 of 5 lII:ART of do:VALLEY TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, JULY 22, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD VON O L 0 R A 0 0 RESOLUTIONS - CONTINUED d. Resolution No. 08-30, Series of 2008, A Resolution to Amend the 2008 Town of Avon Capital Projects Fund Budget (Scott Wright, Assistant Town Manager Finance) Budget revisions related to changes in various projects and estimated revenues e. Resolution No. 08-31, Series of 2008, Resolution Approving the Final Plat and Condominium Map, Riverfront Resort & Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado (Justin Hildreth, Town Engineer) the applicant Riverfront Village Hotel, LLC, 126 Riverfront Lane, submitted final plat & condominium map to resubdivide Lot 2 into 227 distinct hotel units, commercial units, and residential condo units, plus common elements f. Resolution No. 08-32, Series of 2008, Resolution canceling August 12, 2008 Regular Council Meeting (Patty McKenny, Director Administrative Services) Cancel regularly scheduled meeting due to 2008 Primary Election Day being held at Avon Town Hall Council Room 9. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 10. UNFINISHED / OLD BUSINESS 11. OTHER BUSINESS 12. TOWN MANAGER REPORT 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA ITEMS: August 12, 2008: Meeting Cancelled August 26, 2007: BCRC Request for Funds for Skier Shuttle, CIP Budget Presentation, NWCCOG Update, Parks Master Plan 16. CONSENT AGENDA a. Minutes from June 24, 2008 & July 8, 2008 b. Contract Award to Anasazi Trails, Inc. for Town of Avon Trails Master Plan (Jenny Strehler, Director of Public Works & Transportation) Proposal for a trails plan that addresses trails & open space within town limits c. Inter -Mountain Engineers & Terrasan Landscape Architects proposal to update the April 2000 E. Beaver Creek Blvd. Streetscape Improvement Plans (Justin Hildreth, Town Engineer) Proposal to prepare design modifications to the 2001 East Beaver Creek Blvd Streetscape Improvement Drawings 17. ADJOURNMENT Avon Council Meeting.08.07.22 Page 5 of 5 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: June 24, 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: Lieutenant Greg Daly — Greg was hired as a lieutenant with the Avon Police Department on July 2, 2008. He had been with the Eagle County Sheriffs Office since 1996 and recently served as a patrol sergeant. He is a team commander on the SWAT team and a black belt instructor in several martial art disciplines. He graduated with honors from the University of Dublin with a Bachelor of Financial Services. Greg is a husband and proud father of two children, and he just became a United States Citizen. Officer Ronald Remus — Ronald started his training with the Avon Police Department on June 23, 2008. He was a deputy sheriff with the Seminole County Sheriffs Office in Florida for two years and has an exemplar record with that agency. He recently, challenged the Colorado POST tests to become certified as a peace officer in this state. He is pursuing a degree in forensic science and currently holds a pilots license. He has been flying with his parents since he was 11 years old. Awards: The following citizens and officers are to be recognized for dedicated service: Lizbeth Arana — On May 28, 2008 Officer Florio investigated a child abuse, which required Spanish translation. Lizbeth, who is a teacher at the school, volunteered to assist. She accompanied the officer to several locations late into the evening to assist with the investigation. Lizbeth is presented with the Chief's Community Partnership Award for demonstrating outstanding commitment to the community and law enforcement profession through acts and accomplishments that promote a positive interaction between the citizens of Avon and law enforcement. Hope Flores, Susan Bruno and Karen Peck — These citizens have volunteered to make the upcoming National Night Out parties on August 5, 2008 a success. They have dedicated their time to plan the entertainment, refreshments and crime prevention message for the parties, which will be held in Wildridge, Eaglebend and in the Aspens, and I am proud to present them with the Chief's Community Partnership Award. Officer Hassinger, Officer Holmstrom and Officer Hudson — These three officers came together as a team and achieved exceptional results that led to the arrest of a burglary suspect on April 25, 2008 after the Agave restaurant had been broken into. This same team then safely apprehended several suspects on April 26, 2008, who were wanted by the Sheriffs Office for being involved in a shotgun shooting. The officers obtained confessions and recovered the shotgun. They are presented with the Teamwork Award. Officer Hassinger and Officer Ramirez — These officers completed the two-week drug recognition exam school, which the Avon Police Department co -hosted in May of 2008. In order to become nationally certified they had to complete a rigorous process that required them to complete 12 evaluations (each witnessed by an instructor) on people who had used drugs. They had to form an opinion about which drug category caused the impairment, which was later validated by chemical test. They successfully completed this requirement during a trip to the Maricopa County, Arizona Jail. They were required to pass an 8 -hour test and submit a resume and training log. Their hard work has paid off and are now certified Drug Recognition Experts, which only one percent (1 %) of peace officers achieve. Their work will save lives in our community. Officer Hassinger and Officer Lund blade — These officer's firearms, interview and physical skills were tested, resulting in their acceptance onto the Eagle County SWAT team as hostage negotiators. They have received specialized training in the skill and art of talking to people who are emotionally traumatized and will be used as the preliminary option to force during a SWAT call out. The Town of Avon is lucky to have such committed citizens and dedicated employees on its police force. I am proud to work with and for them. Town Manager Comments: • Page 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer4f Date: July 17, 2008 Re: Avon Main Street Streetscape Improvements Summary: The Main Street project consists of a new road from Avon Road to the east portal of Harry A. Nottingham Park in the current location of the pedestrian mall. The project will also include utility, drainage, and roadway work on the area immediately east of the Avon Public Library, and will consist of a shared vehicular/pedestrian roadway that prioritizes public gathering spaces, plazas, and unimpeded pedestrian movements. The streetscape will follow the design guidelines and concepts set forth in the Town Center West Investment Plan. Britina Design Group (Britina) will present the conceptual design options for the streetscape. The meeting goal is to update the Town Council on the status of the project and to receive direction and feedback regarding the two design options. Copies of previous stakeholder and public meeting materials, as well as the two design options, are included as Exhibit A. In addition to feedback on the design options, Staff requires direction on three specific parameters of the streetscape design before Britina can complete the Final Design Documents: 1. Clear direction on the installation of snowmelt 2. Changes to the road cross section as a result of the removal of snowmelt from the majority of Main Street 3. Cars on Main Street; the Planning and Zoning Commission asked Staff to communicate that the Planning and Zoning Commission would like Town Council to reconsider allowing vehicle traffic onto Main Street Background information on each of these items is included in the discussion section of this memorandum. Chronology • August 14, 2007: The Town Center West Investment Plan and Avon Urban Renewal Plan is adopted by the Town Council • Match 25, 2008: Britina Design Group is awarded the design contract for Main Street • May 22, 2008: Joint Public Open House with the Nottingham Park Master Plan • May 29, 2008: First stakeholder meeting for the Main Street design project • July 9, 2008: Second stakeholder group meeting presenting two design options • July 10, 2008: Public open house presenting two design options • July 15, 2008: Planning and Zoning Commission design option presentation Background: As an overview, the West Town Center District was envisioned to be the `heart' and central gathering place of the Avon community, and reinforce the future role of the district outlined in the Town of Avon Comprehensive Plan: "Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full-time residents, part-time residents and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed- Avon Main Street Streetscape Improvements July 16, 2008 Page 2 of 6 use, pedestrian -oriented area that serves as the primary focus for residential and lodging development within the overall Town Center." As part of the West Town Center plan implementation, the Town of Avon has begun several important reconstruction efforts within the district, including completion of Avon Station, the realignment of Benchmark Road (Lake Street), and the on -going master planning and conceptual design efforts for Harry A. Nottingham Park. The West Main Street streetscape is the next project funded and undertaken by the Town of Avon, and will serve as a catalyst for the development contemplated in the adopted planning documents. Discussion: Main Street is perhaps the most critical public infrastructure project undertaken in Avon since the Avon roundabouts and will serve as the main attraction and public gathering space in the Town Center West District. Success of this project is critical, and the design relatively complex, because of private property owners bordering much of the site, fixed building entry grades, vacant lots, and existing and future utilities. The Town Center West Investment Plan outlined general guidelines for the Main Street streetscape but did not go into detail on specific design elements. Britina initiated a community survey to identify design element priorities of the community. The results of the survey show that the 7 Priorities of the Main Street, ranked in order of importance, are: 1. High Quality Public Space 2. Safe Day & Night 3. Strong Gateway 4. Transit Connection 5. Easy to Navigate 6. Connection to other Avon areas 7. Auto Access & Parking The Top 5 Most Desired Design Elements are: 1. Outdoor Cafe Seating 2. Festival / Seasonal Lighting 3. Wireless Internet Access 4. Public Art 5. Outdoor Performance Area / Platform In addition, 92.4% of respondents feel it is important for the project to be sustainable and environmentally sensitive. In order to collaboratively create a better design and detail for the Main Street streetscape, Britina formed a stakeholder group comprised of Town of Avon staff, including members from the Engineering, Community Development, Recreation and Public Works departments, public officials, adjacent property owners and/or managers, and community representatives. There have been two meetings with the group, the first to present the project and gain initial feedback, and the second to select design themes for the project. One joint public meeting in conjunction with the Harry A. Nottingham Park Master Plan and one public meeting dedicated to Main Street have also been held. In addition to the stakeholder group, Britina has been meeting with the Avon Arts Council to facilitate Avon Main Street Streetscape Improvements July 16, 2008 Page 3 of 6 public art selection. It is anticipated that the public art will be located in several of the plaza areas and potentially into the actual streetscape design. Britina presented the same design themes to the Planning and Zoning Commission that were presented to both the stakeholders group Wednesday, July 9th and to the general public at an open house on Thursday, July 10th. Design Option A is a playful, narrative history walk with soft rounded elements to create quiet, gentle and informal experience. Design Option A will be punctuated by whimsical art pieces to symbolically tell the story of Avon and its people. Design Option B is a dignified and civic minded landscape with slicing geometry that creates a dynamic and sophisticated experience. The public spaces in Design Option B will reference a modern vocabulary while linking to Avon's history and culture. Britina will discuss the results of the three meetings, but generally the groups preferred Design Option A with the incorporation of some design elements of Design Option B. Snowmelt Staff previously presented the Snowmelt Master Plan, for the Town Center West area to Town Council in order to gain direction on the extent of snowmelt desired for the Town Center West area. The snowmelt scope has large consequences to the design of Main Street for several reasons. First, it impacts the entire drainage of Main Street since all snowmelted areas must be drained in heated drainage pans to inlets to prevent ice damming. Also, the quality and type of surface materials is impacted by the method of snow removal. Also, all three public groups have expressed interest in incorporating art into the streetscape. The potential to do this is severely limited in areas not equipped with snowmelt. Town Council gave Staff direction to minimize snowmelt while attempting to implement it in an environmentally responsible manner. Therefore, Staff is proposing to snowmelt Avon Station where the tubing has already been installed and critical pedestrian areas, including a portion of Lettuce Shed Lane, walkways (e.g., 8 -foot wide) on either side of Main Street, and important portions of plaza areas. Total square footage to be snowmelted is estimated to be approximately 64,000 square feet. Staff is proposing to connect to the Waste Heat Recovery project from the Avon Wastewater Plant, currently at the preliminary design stage. We anticipate that the heat recovery facilities may not be fully commissioned by the winter season of 2009-10, thus the Public Works Department will need to manually remove snow for at least 1 winter season until such a facility is established. Note that one component of the heat recovery project includes a small natural gas boiler system which could be built during the summer of 2009, but it is unlikely that the small natural gas boiler system will function as a stand-alone heat source. Road Cross -Section The original concept as envisioned in the TCW Investment Plan was to construct a curb -less street with 100% of the areas snowmelted. When direction was received to minimize the snowmelted areas and manually remove snow in the majority of the project area (e.g., roads, sunny sidewalk ares), a curb -less street presented some functional issues. Issues include the costly and time- consuming nature of manual snow removal without curbs to guide plow blades and the damage to bollards by plow blades. Second, a curb -less street with bollards presents complications with parallel parking. Large vehicles backing up while parallel parking will not be able to see the bollards, causing a risk of backing into them, damaging both the car and bollard and creating ongoing maintenance issues. The Town would take on an unreasonable cost burden for bollard management and replacement. And finally, a curb -less street likely will not meet the core requirements of the Avon Main Street Streetscape Improvements July 16, 2008 Page 4 of 6 Americans with Disabilities Act (ADA), could create difficulties for blind people, and potentially increase the Town's overall liability. Staff is proposing modifying the curb -less streets in the areas between plazas and keeping the curb - less street in the three plaza areas. This will simplify the snow removal activities, solve the parallel parking issues and make it easier to address ADA requirements. In the area containing curbs, Staff is proposing a 3" high mountable curb, instead of the standard 6" high vertical curb. The roadway grade will likely rise to meet the plaza grades, providing an added traffic calming benefit, while keeping plaza areas (and primary pedestrian gathering activities) at uniform grades. Staff feels that this proposed cross section will meet the intent of a seamless pedestrian area when the Main Street is closed to traffic but will clearly define where cars should be driven and parked. Vehicular Traffic During the July 15, 2008 Planning and Zoning Commission meeting, the Commission requested that the vehicular traffic concept for Main Street be revisited. In the Investment Plan, the need for auto access along Main Street is highlighted in several sections. For example, on page 59 (Section E.7) it states: "Automobile access is important in providing visibility to the retail uses and facilitating the flow of traffic entering and exiting commercial parking lots." Additional market importance of auto traffic and on -street parking is outlined in the West Town Center Investment Plan Appendix (page 36), where it states: "Ensure easy auto access from Avon Road and provide plenty of parking. Parking should be provided on the street and in parking garages as proposed to in surface lots in order to maintain the desired pedestrian friendly character. Design Main Street to accommodate auto traffic and on -street parking initially with the option of converting to pedestrian only if future circumstances warrant." Also in Appendix C of the Investment Plan, the larger picture of West Main Street is presented in its relationship to vehicular access (on page 25 of Appendix C): "The Main Street pedestrian improvements project covers the creation of a Main Street corridor, in which a new pedestrian -oriented street will be constructed. This street will allow for one-way auto circulation but can be closed off, temporarily or permanently, for pedestrian -only use." The two most important tenets of the Main Street design is to: 1) create a `heart' to the Avon community, and 2) create an environment that is attractive and viable to redevelopment. One of the keys to retail and housing redevelopment is accessibility and connection, which is achieved through the recommended one-way auto route, which when combined with a pedestrian -focused streetscape, will allow both cars and people into the newly create space and generate connection and energy into West Main Street. The recommendation in the Investment Plan is that the street only be closed to auto traffic if it becomes fully redeveloped and a successful and well -used center. Only at that time could the street be closed without it having significant detrimental impacts to the businesses within the district. It is Staffs and Britina's recommendation that one-way auto traffic along Main Street be retained, as per the vision and analysis of the West Town Center Investment Plan. Avon Main Street Streetscape Improvements July 16, 2008 Page 5 of 6 Schedule After this Town Council hearing, Britina will develop the final design. The final design will be presented for comment to the Planning and Zoning Commission on August 19, 2008, the public on August 21, 2008 and to the Town Council on August 26, 2008. After these public hearings, Britina will start preparing the construction documents so that the project can be advertised for bid in January 2009 for construction mobilization in spring of 2009. Financial Implications: To portray the fiscal constraints of the AURA Public Improvements Budget, Table 1 shows the entirety of the public improvement bond issue. Table 1: Proposed Total AURA Public Improvements Budget Project Lake Street Design Lake Street Construction Main Street Design Main Street Easements Main Street Construction (no snowmelt) Benchmark Road South Estimated Main St. Snowmelt Tubing Cost Total Construction Costs Total AURA Public Improvements Bond Issue Overrun Budget $ 328,000 $ 4,500,000 $ 1,034,890 $0 $ 12,172,000 $ 1,500,000 $ 800,000 $ 20,334,890 $ 20,000,000 ($ 334,890) The heat recovery system as contemplated would need to be funded from the Capital Improvements Program fund since the AURA funds are allocated for the specific Town Center West infrastructure projects. While Table 1 portrays a budget overrun of $334,890, staff feels that the snowmelt tubing can be installed and the entirety of the Main Street project can be constructed within the fiscal constraints of the AURA budget. The road cross-section and vehicular traffic design parameters have negligible effect on construction costs. Recommendations: Snowmelt: Install the snowmelt tubing, minimized to include Lettuce Shed Lane, 8 -foot wide sections on either side of Main Street and in key plaza locations, with the intention of future heat recovery system connection. Road Cross Section: Modify the road cross section in certain areas of Main Street to include curb and gutter. Vehicular Traffic: Design Main Street to allow vehicular traffic as envisioned in the Town Center West Investment Plan In addition to recommended design parameters, Staff is seeking input and feedback on the two preliminary design options presented by Britina. Avon Main Street Streetscape Improvements July 16, 2008 Page 6 of 6 Town Manager's Comment Attachments: Exhibit A — Main Street Streetscape Improvements Preliminary Design Options THE TOWN OF West Main Street ONSTREETSCAPE IMPROVEMENTS Avon Town Council Project Information Packet 22 July 2008 • PRATING DESIGN GROUP +GE:=',NETIiE.V .AVENUE 30'.;.-45525; 1 "'PI AlielOPIPkg N' r" '"d1i.._-.O Ii HAti♦ :AMC nl...'o,vi ,a8iW,':v aw _„,, ."_" C LL --Z" m C -- i J m L O c U N d C -.- N 'L.'� V N V) t- 3 I''' d Y d0 .L i C (n C Y rt � d E THEME VISION STATEMENT Main Street Option B is a dignified and landscape in which the idea of a) -o -o E V 5 V arriving 'downtown' is announced in a strong, yet graceful, manner. The slicing geometry of the design creates a dynamic and sophisticated experience that juts out from the streetscape c C 7 a) - o C a) a) tat) a) O landscape. Deriving from the cool elegance of a) V t0 d C ro a) V a) nC' linking to Avon's history and culture. mss^„ C LL N . B:-1 m T d L> L N i y, V). y am' ad.+ -I0) � s► I O r _mod `�°, < 'WO �_�o rirt�i gyp. .o Vag a� � D QS9 Azpgreito,9 allik.� uBua cu:» i ��s�slu�► as �ILEV2WW,Aii.Lhi-, IL ry sAAJ a:,s o:ururs �` • OM lie ILI_401#4IMO �� Iri L • cll b-0 cd 4' J • N -C IX) 0 C J 4-+ (d 7 I.- 0CA UA N O J V) C -N C s_ N °' E ccl C m p cd • v) 7--, L itC • • L -0v CL ci' • CL CL a b4 o a a t 00 N J L 4-, �, N N L N > bq C 3 c o ao m LL t c va�i b0 .�-. -g0 *-7-, -�N-J_ c cc N 00 N d L (n b0 OA n to.C . I:4 -C .C471 > C Q _ ate-' '� 3 0 U 0 N 0 - 'N E -' LL •N (a Fs �. c 'O .N = N - u W c td cC C- (d 0 L L d N CC a a 0 d U (n Q (%)Q (n Lettuce Shed Lane Character b0 C Y 04 J L Y L.L. L -0 y Ui m N V N Q 'C c cd 0) L) w E. c C L L co v cL b0 a' - 4+ CO C (7 0 00 p s • ) E m .c . b0 N. a-+.. J lJJ _130CL • al b0 ti U L J C , 11 1)0 •� < ` N C o ,� L c O O 00 - 44 U N J LL N _ CO0) t'L C td O Y vs Ln Q Ln N i Ln c •C 130 C. O 00 b0 C c d >, Q- Y cd 0) N L es CnCL "Green Wall" Character a CU CU CU ar N a) N I E (Ts O Turf Lawn Panel Art Feature / Fireplace Planter / Seat Wall O m ba C0 O U 4-, t- 4-, 0) L' W bO c C L CL c J N O • Ll� t/) C1] ism4 rma E-4 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer( -- Shane Pegram, Engineer II Date: July 14, 2008 Re: Resolution No. 08-26, Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6) Summary: The applicant, CSC Land, LLC, owner of a condominium structure at 38390 US HWY 6, has submitted a Condomium Map to resubdivide Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado. This Condominium Map resubdivides the existing Lot 1, Chateau St. Claire Subdivision - PUD into 49 distinct condominium units, general common elements, and limited common elements. The declarations have been referred to John Dunn and Community Development and comments have been satisfactorily addressed. The Condominium Map is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 08-26 is attached as Exhibit A, and a copy of the Condominium Map is attached as Exhibit B. Previous Council Action: Resolution No. 08-26, approving this condominium map, was tabled during the June 24, 2008 Council Meeting to allow the applicant time to correct errors found by staff and Town Council. Recommendation: Based on provisions of Chapter 16.24.30 and other applicable sections of Title 16, Avon Municipal Code, staff recommends approval of Resolution No. 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Proposed Motion: I move to approve Resolution No. 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Attachments: Exhibit A Resolution 08-26, Series of 2008 Exhibit B Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado Exhibit C Final Plat of Chateau St. Clair Subdivision — PUD EXHIBIT A TOWN OF AVON RESOLUTION NO. 08 - 26 Series of 2008 A RESOLUTION APPROVING THE CONDOMINIUM MAP, THE GATES RESIDENCES, LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, CSC Land, LLC submitted a Condominium Map for The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado, located at 38390 US HWY 6; and WHEREAS, the Condominium Map has been reviewed by the Town Staff; and WHEREAS, the Condominium Map was found to be in conformance with all applicable sections of Title 16, Subdivision, of the Avon Municipal Code; and WHEREAS, the proposed resubdivision complies with the requirements for consideration as a Condominium Map. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to the completion of technical corrections as identified by Town Staff. ADOPTED THIS ATTEST: Patty Bierle-McKenny Town Clerk DAY OF , 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO J:\projects \40053S\CONDO\GARAGEFLOORPLANS.dwg, 7/16/2008 9:46:09 AM CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO J:\projects\400535\CONDO\FIRSTFLOORPLANS.dwg, 7/15/2008 2:4 CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO J:\projects\40053S\CONDO\SECONDFLOORPLANS.dwg, 7/16/2008 9:50:17 AM J:\projects \400535\CONDO\THIRDFLOORPLANS.dwg, 7/15/2008 2:17:26 PM C THIRD FLOOR - EAST SCALE 1' = 10' CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO 3- a ► THIRD FLOOR - WEST SCALE 1' = 10' B B A CSC LAND LLC bsb 0 a o I < O 0 - o U W 0 p U m Z !ci) 0 0 O= W K U Z CC '0U IA <,W W > O § w< < 2 O U m I -O O J N .kit® FR D.D.F. WE RkRO: 7/16/08 04-0053S MEET Kt, 5 OF 9 QN/T 40 4 J:\projects\40053S\CONDO\FOURTHFLOORPLANS.dwg, 7/15/2008 2:20:24 PM STORAGE GCE ((NIT 40-p FOURTH FLOOR - WEST SCALD 1' — 10' In Sr INT 409 '4 DECK LCE (NT 40S rear LCE (/NIT 4088) i 11.0' ■ (A•' LOBBY GCE AIRS GCE GVT 47o • DESK LDE LMT 400 DECK LCE zcr 1.4 (UNIT 41� d1' `UNIT 40- d1' CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO LMT 472 DECK LC.E (NT 471 DECK LDE FOURTH FLOOR - EAST SCALE 1' — 10' LMT 474 DECK LCE (NT 413 Lac § (NIT 41.- a3' UNIT 41 GMT 476 DECK LCE STAIRS GCE. GMT 413 DECK LCE 1 wM PIKER 7/1e/0e 04-0053S CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO J:\projects\400535\CONDO\FIFTH FLOORPLANS.dwg, 7/15/2008 2:30:20 PM FIFTH FLOOR MEZZANINE LEVEL - WEST SCALE.1 " = 10' MA TCHLINE A -A OPEN 70 I.8' a0' ae mow (UNIT 41) UPPER LEVEL /2J' ▪ 780' 28. aC • H 50' UPPER LEVEL opal mar c/T 411) ^UPPER LE UNIT 411 UPPER LE FIFTH FLOOR MEZZANINE LEVEL - EAST SCALE: 1" = 10' a— tiK a0• t7 (UNIT 414 UNIT 413 UPPER LE V L ae' 50' 7• - t, kr ai▪ r a0' B UN/T 416 UPPER LEVEL A CSC LAND LLC c o_ oo I < Oz 0 rn W ouj Z VJ O w w U • W U' 0.): w F o o ^o 0 J DEWED MI CHMW m. D.D.F. DEh wseu ,„D/00 04-0053S MET ■D. 7 OF 9 UN/ ��ieao UNIT 303I� UNIT J:\projects\40053S\CONDO\6SECTIONS.dwg, 7/15/2008 2:34:20 PM ]:\projects\40053S\CONDO\6SECTIONS.dwg, 7/15/2008 2:36:03 PM SEC77ON B -B SCALE 1' - 10' CONDOMINUM MAP OF THE GATES RESIDENCES LOT 1, CHATEAU ST. CLAIRE SUBDIVISION - PUD, TOWN OF AVON, EAGLE COUNTY, COLORADO UPPER LEY€L a UNIT 402 a EMEK - 7Ecac UNIT 302 Etal - 74880' UNIT 202 UNIT 102 HEW - 74821• UPPER LEVEL UNIT 403 EIEK - 75080' UNIT 403 UNIT 301 UNIT 201 UNIT 103 SEcnoN C -C SCALE 1' - 10' WOMEVS LOCKER ROOM GCE I�I!I�VUI!I�I I I I I�I�I!I!I!I!I�I I II_p19�UVl�I!I 0 a 9 F0F9 EXHIBIT C PARCEL 3 BEAVER CREEK SUBDIVISION u'e'A15 Aar P Q/Ca WafilAp GRAPHIC SCALE MO DRAINAGE EA4 107,87 b7 N 21'415' 30.11 N 00'15:50' Ci 62.46 ( Dl FEET) 1 Inch — 80 ft. ADDRESS - 38390 U.S. HIGHWAY 6 LINE DIREC17ON DISTANCE 1 N 2255'12' E 2284' 2 N 3758'32' E 19.13' 3 N 7223'21' E 33.13' 4 N 5820'02' E 49.96' 5 N 6333'18' E 13.45' 6 N 447:14'59' E 26.44' LEI N 873633' E 7.97' LE2 N 6272'03' £ 1844' LE3 N 37'4453' £ 24.85' LE4 N 66'44'46' E 36.47' LE5 N 752026' 1 26.29' LE6 N 62'48'07" £ 1575' LE7 N 493159' £ 21.64' LE8 N 424039' E 20.92' LE9 N 27133'58' E 19.44' LE10 N 215045' E 2259' NOTES PARCEL 1 BEAVER CREEK SUBO/ NS/ON THE PURPOSE OF MIS f7NAL PLAT IS TO VACATE 7HE LINE BETWEEN 790E EAIS17NG PARCELS AND TO CREATE LOT 1 AND LOT 2 AND 70 DEDICATE 790E EASEMENTS SHORN HEREON, • —Denotes set 5/8" mbar r/plost/c cop PE & PLS 26626. Basis of Bearings. N 893702" W along the South Line of the NW 1/4 of the SE 1/4 between found Brass Cops as Indicated Oats of Surrey. February 1996 FOUND BRASS CAP N 8937'02' W 3822' AY/7/CE' Aemt•Irg to Card* A=Yaa leant rnanlInee any 6900 action based upon any de/ t h this y .41hh three /•v0 after /v0 first acme soot defect h no seas may any aeon based /pan any deb!/ it Mb survey be mmma6ed maw ten M 70o s from the eats of ceH/a@s5an No.,, hereon. +.—Lef LOT 1. ,- [105,669 SQUARE FEET 5D 2.426 ACRES N/65y'iE gN 1174 - •t5,9o. FAME g�Atry_ dq / LKN'AQ'G,SEI[MT • ;211;47;1 N N 89'1470 W 1358' FINAL PLAT OF CHA TEA U ST CL A IRE SUBDI VISION-PUD A PARCEL OF LAND L OCA TED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF AVON, EAGLE COUNTY, COL ORA D O Gyp, -4Y 4-4'4''%5-4'4k4,80 ,egyy AAli71. r LT�•S•L10 N 9 N 8951'19' E CEN/ERLRIE Or 1000' - PELE5NMAN ANO N/OCULAR ACCESS EASEMENT LOT 2. 328.07' — 4879'05' R 33000' T - /4802' L — 278.29' 147,401 SQUARE FEET 3.384 ACRES PUBLIC OPEN SPACE NOT A DEVELOPABLE LOT 7RUE POINT OF BEGYNN/NG FOUND 5/8" REBAR W/ALUM. CAP PLO NO. 9337 1302.02' N 89,3Y-02" W / BAGS LW BEARINGS - 0436.44 R = 377I200' T = 151.82' L = 30149' CH = 30140' CB = $6923'297 - s NO 933j�jA/U41 5, DRAINAGE £ASEMOIT LOT LINES VACATED BY THIS PLAT D - 4879'05' R — 300.00" T . !J.57' L . 15299' 0.91 a Post Recorded August 29 1994 h Book 204 at Page 14; Deed of ! Recorded September 17. 1996 h Boot 7OS of Ave 542 need of Trutt Re - coved October 21, /991 n Boot 70E o! Page 999. Ord of Trost Recorded Othba 304�I Bak 7I0-dt P* c //2 0.1.4 6/b rte off SE CORNER NW 1/4 SE 1/4 SEC. 12 FOUND BRA CAP PLO NO. 1953 /700'010RN'X.4/7��,� I,,a 141188 Iti Iillier I liiti deed /web, met,* drat has 1wmded the 6T6 b all bads s., SC upon Mrs plat and Mot RNe /o such Mb wPh: Chateau SC dais LL7 a Clown Limited L.61Yly Company Peed Y. P.0ebes Jahn L.amt Manias repel,* Ouse ..balms Mhfle and Edmed F. Rodgers is see oho owe01 1 of co Mee a cunne /0 ere 001 658 ! mane as gnaw' Owed of Trost Recorded Apnl 27, 1994 n Bust 616 at Pogo 742. AMegmnf of rah recorded Apo 27, 1994 in Boot 638 o/ Page 714. 60'6 of huff r hrdee Apd o fR 1996 h Boot 692 of Popold 696 te tts l Re -nee Ala... Book 22 /996 n Ba711 at Pep 141, lbeMe -Bret R •t '•kB t-p.k 158 ..t fL.., e--. Aw..w.,an ea ureeflk k7CINI TY MAP GRAPHIC SCALE (IN FEET) I INCH = 1000 FEET CEIIRXAIE Cr ROF'v 1M nal.stp•4 0. •. erd0y hatter a e des of That moo.. n Boot 705 at Page 142 of rte weeds of Eagle ant. CobnM4 O.t text Rwader. Maw hereby moo/ to and .809nolr 2 Signal in Me dad o/ IMt to Mb plot Red BE.11 P.O ban a! •eadr4 6y L VR rQ., c6/Na`fvtl.vr "s l." AYlare n. a.bmebaSE. 00 0 997, Y v tMs om 80424 OMITNA/E T RHF/r0 Me oral '.9s4 es 9.r.6dery Maher *foal* of fiat rmoMded h Boat 692 at Pogo 666 ad Re -rem.. to Baal 712 at Pugs /42 Dad of /hr.t recorded h Beak 696 et Age 922 of the marls of Ear. Conte Odom., Oat Mel Reader. he. hereby 000.0.! to and wetarl,e/re b in/ea/ h the des a mw/ le fhb pat Ilietwter Bank XIS B.,Jeast Rood P.O. Bar J7f9 Awn Cdaoeb 8/820 Zii.•M (der VP STALE Or COLORADO 5T rt) 55 couar OF EAGLE ) lA. ' CerE�lral. of ReYa .s aabmwteriped seas y of/�`7Y.t7Ti —Gt9 .ewe ��yapfae� dv'rd ml 11 rr..Gt ,1.. pusy`:: IjRNACAIE T 00/6800 Irv., 097.aar ben.fio y hold.- of o ores a ,mat ',cordon in Book 628 of Pap 741 a the roam. of Eayo Nntx Cdaoah Clerk nd Recover, 6»r hereby mane le rjl 16 .d ediredes Its h0vt In Me Deed of l t to this plot • Ytental, erne sloa 346 Broodecy asCoferodo 81631 .• STATE Or /0890400 COW, OF EAa£ S 154.0":::a ad,wMedpd before Z M/s ae([ 997 by aT WCleq My ore xksen ep9a LI - 11 . 17 Y0ad and asst ��rd►a. D41�=a �y y�y(. /Cgbyt.S *600* elements teal dear/Mons o, Waosed by 0.In4 l •k' �a Z.a-.a Eoyls State 4low rig .M Mt Orb dad Room* of M. !only of £t . nd hr oonnom to Mel 0(4407 of Me pee. delod.m Moan hews .Otte to the po,bbr. Mot 46pv,d In no y ebt9vfr Me Then of Avon Re Bunting or conetructep of irprwwn ,b on bode ebwr te aneaente dedicated empt ce p.s6,Wy creed ta by Me To., Coed ad h.Mr Mot said cop'0,e' shot n no y tinged* Me T of A,ee for mailman of streets nt/ 00*000br of hpm0n.70. Mean, hod bane bon 00884.ted to Me .016/x0, of Me Tow Ca. l Aepad of Ms *alb the Town Is e tenant only on, b not le be combed e r e 08.00,9 of Me fa•Mdn0 u,-Obes of Mb pat r any ddasnwtaMn debt,. Mersa TAGS MI NAAU hop SEA, OF RE 701W Or A105 Or RC JOWY OF AVON I A#... O 71Y/pr1 orb Meb/ mbry 6101 f an a Rpo/ere1 LON S.,., lbeteed assts doe few of Me Stab of Ctlu ale Mat MY pal doer.: effect wee maple/. 10141 FIAT Or 0141E411 ST 0At9.r SA]'N90V-P O, o h Me To.,, of Awe Eagle Cants Lobo., as MUant 9a.r.en /.4 ad teed dew/ IM.., Mou et ch Hal nwa ban an comedy mangy of m peeper, by ere on andr my wp.,iekad me.* a1w lbw located, teed An0u4s of Om bat Mee* 0,e agents of .ad ab4, 0/n te the sane an stead yoIto Feeme h mAdMN-' 6* with � n r.9aotbs .4Tk..7 of land AB maw - 'nests ere set aammrd •6 by e'er 564164.7 areatko. of Be. T of A. dorm/ ... set my hap ate sad We day of .. AB 1991 ` . O�� b, O'EEHF R.Opterwd Loy Ste p tee. 28626 H 3/3/97 DEED OF MOST .711'6- c' 12,48/90 70X7' OWN= 12/04/16 TEAT MANG=O OVA 10/]5/16 7EX7OGMSEC MEM bereft Ile LOr Pam( PAP 0077 wKNt ACM R.1 % soo-son aid Tel can Me0 sdm7 rAVONZ% 61)7s�007 1.506695 �/RT/90 OF 1 me Mb by 2 26 CerMkOb f kn e7d b14/ o dry a tm/6xA77 air OZICA70.9 Aro 01/5RV471 too.,?) 00,60 Todd 4682E Moods. 81657 I10791G417 40 4'1X0400 AA0 0W559AP' 9*a...'Oly h 4. sips mo•t909.5 or IMda1r of al Oat red property elf/rated it Fore Canty Coo orb, downed as &term A peat of bed bootee h the 74111/4 of Me S]/4 at SactM 1.2 Ter.* 5 5.14 Deg. 82 Me of M. Stern Friend Y.1far, Core Comte btredt more pafbdory !.Meese as beers Conmence, at Um ecedheon center' a SE' 0/ N f I of SE I/6 mole atng the south lhe of essa NW I/e - f to the ,.0 mr 00*aa Me Faso. 08, 80 enfants u�JoLlg f .0M.e _ Begbnkr Ma . N 8957172. W a deface of .k122 fat to o Pont Mons odd, - N 007550 E 0 paters of 104016 Bet to the approv ndf* ante., of Near beak thence dale ear antelho Me Anbdhp (6) courses ate detentes C N 4417459' E 0 *00,0, a X44 bet 2 N 68516' 3 E 0 dsta10 of 1145 bet 1 1221'12/'E oasts,. of 4996 fee! N 4 N 71251/' E a tibiae of 33/3 feet S Met .3756.17' 1" oObfence a IOUIOU6 74 213572' o eisferd a 2261 bet to o poi! on the sauffierty fgh/-of- y of O.S NVn y 4. Monde ohm mid southerly right -of - y of 05 H9I y 8 stag a cane to Me ngk/ a ac Iwom / 30149 fe.e .1M a radius of 3770.00 fret ado antra angle a 01'3690' .hose chat! Beers 5 697x29'. E o a0tace 0'.50140 bet /0 o �f an .sold southerly southlight-ofy of U.S Ny yr6 endOwnorthwest caner of Me Coon properly raw.. 5 2051'!9' W o &lore of 100752 fee to MeT Pont of 8914 9 Sate pared of Mee 6rlbk9/p 251077 save be/ (4810 ) mare a lass hove by these anneals bra out potted end end146 d Ms Mere hto 40. Pod V. P.udno and blacks a show n under Mb find peeunder the none and sty. of MAL Box 3600 ARM. • O' 0/47EAU SE IXARE 50130 tt90N-9000, o mbed.. h the I a P.O P.O.ARM. Core Corm,, Cobra., eb ...ate for p.410 use M. /seats ,Now_. heron hWaig orlu.s apes badman* knee most text deep la the I a Awe,' and the ut0Y, 6ohepe and axes easements Moon *if,C111411.;4&1161141. b 6/605 asno4 text a.ms pryrer on., end 9b lather :doh Ma Mb a6976k / anal be antra to Me FWe0t a Co,s,.ets red text recorded for Mb *gels. In the 016:! of Me ter* and Recorder of fore Pent, Ceuaee as E test this deer o/ ablibefte A0. 1992 a06a1 - - E Y H B'oM l/n TOT E P.O raw fB91 Awe . 81691 fmOedM Eu..Ou�nM .0s OWtes l.l:.-0...A1 5TAIE OF C 07/000 ) S =wry or 010E ) The lavabo e w STATE 0- TEXAS ) S COUNTY OF 1 The R ,900/p 080/00oh n Iand ,00.0 led9.9 DeRre /0* Mb day of /997 By Brans J.Otlaa WMte amass. etpia 11-25-a. KOVACEVICH ARY PUBLIC OF COLORADO d. a 9os6obry Odder of a Orr9 of hurt 704 el Pogo 14 of the records of Earle Choi' end Ro00de des hereby consent to Is ;Oren n the Lead of Trust to tanslo .01, bred 4682 E Yredo Vail. CO 0/657 IORI9ICA77 T more., /be .Mers¢w1 as bneh6by hoer of a Deed of Tad 1.00ded h boot 710 at Pap ff2 of the 'wards of Eagle Canty Ca6'aah Om* aid Recorder, doss hereby case/ /o end .ba8ne/o /h Maw! h fM Deed of Pm / fe Mb plat. 6'epay C Lora. M.0. PA J000 Sr. 62nd Avenue Sate let Mi,3tnb 3J/55- •ilwdsoe STATE OF RJ»e COUNTY OFF& 5 a zbrow*aged bees o/_ bra 1997, co d /6; 1r the undersigned a b.ahkey holder or e Coed of 7v.f recall h Bak 708 o/ Pop 993 of Mr records of Care Cants OeWad, Clerk end Remove.; clam lweby caved to end *9004,eda Ho We* in Me Ord of lust to fob plat Abele It Nor 399 Pad Mere. 16th near Yak N Yak 10022 ][MA" By AsaAne-le OP I La-/I�ame.bdped berg. a 997, YY 0700!000, II • Whom my had awl sea// ldaa°, WA 11141st SHELLY RENE BARNES NOTARY PUBLIC STATE OF TETAB W Cv.A010 borer 11R}7m6 ease Ant** Mks 0/0 AY. Claude tenths Me Jen*hs Mother Fenn Rod Rout* I. 8,0 /75 MOmerM Tr 75476 ST IE OF 7EXA5COUN) V )) S5 nor The f regon9 Celftoh /0n ,0ftattedpd be Yob dq o/ 1991, Yr m„mbuan egF.e Iseatitso •SAMIZtaybien PR 11.1841 Edward F. Rodgers /0Jenkins 1M 1Min LMMsrs Fam Rued Route 1, Bar 175 Ravenna To 75475 111E••'r SHELLY RENE S//1ES NOTARY PUBLIC STATE OF TgrAB 180.4k50010,1.SgOW b 3z S Iles begone Crdata70 O.rer07p sae afne.hd5.9 beer. me Mb .n1 eD ', by Dv,. H Bros a. Mamas a Ire ham' B9 ACEVICH A Cabral* United 7,408/11/ NOTARY PUBLIC ry co/enteric., notesI -7 90010 OF COLORADO my h seat rr``:... Erg^. 00,11. One 1,28 km and Owrereng ..s dry a .1997 co elite CERI0ICh1E Or TOES 740 yy�s I the agbdpe4 der h on ii. T7ti t d� a { ado plot ore pain Ad Doted Ws ,KIM doy of LA6\L AD. f99T f.FRA' 410 RFC//'9YR'S /*90.15,0/7 $11.60 /a...jor�ren Ned br ad�v>fbe.=of R* 01 Ot I ;ad: e? eb tr r moo seat 7 i� County Cobra* Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E. Town Engineer lutA Jeffrey Schneider, P.E. Project Engineer Date: June 30, 2008 Re: Resolution 08-28, Series of 2008, A Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements Summary: Resolution 08-28, Series of 2008, is a resolution approving and accepting the Confluence Metropolitan District Improvements associated with the Riverfront Subdivision, and is attached as Item 1. Confluence Metropolitan District has submitted all required documentation for approval and acceptance of the District Improvements required by the Subdivision Improvements Agreement (SIA), attached Item 2, for Riverfront Subdivision. These improvements consist of all streets, roads, walkways, drainage facilities and utilities required to access and serve the Subdivision. Most of these Improvements have been substantially complete and functioning since November, 2007, but the road was not accepted because of the need to conduct construction staging in the Riverfront Lane Right -of -Way. Since that time the few remaining items have been completed and the required documentation has been submitted. All required submittals and documentation were completed July 8, 2008, which is recommended as the date for acceptance and initiation of the Warranty Period. Previous Council Action: Town Council approved Resolution 06-25 on May 23, 2006, approving the Final Plat, Subdivision Improvements Agreement and related documents for Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Background: Resolution No. 08-28, Series of 2008, attached as Exhibit A, approves and accepts the District Improvements and establishes the warranty period in conformance with the SIA. The warranty period is currently secured by District Funds in the amount of five percent (5%) of the total cost of the subdivision improvements, or $303,494, reserved in a bond security account. All disbursements from the bond security account are subject to approval by the Town, therefore the Town can assure that the minimum account balance is maintained throughout the stipulated two- year warranty period. We recommend approval of Resolution No. 08-28, Series of 2008, A Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements. Discussion: The Riverfront Subdivision SIA between Confluence Metropolitan District and the Town of Avon provides for construction of the public improvements required to serve the proposed subdivision. The improvements generally included all streets & roads, storm drainage and utilities (water & sewer) as listed in Exhibit A to the SIA and Cost Estimates in Exhibit B to the SIA. • Page 1 Construction change orders raised the actual construction cost to $6,189,881 from the $5,394,280 amount shown in the SIA. Documentation verifying satisfactory completion of the improvements is attached: Exhibit C - Alpine Engineering, Inc. Engineer's Opinion of Project Conformity Exhibit D - Hepworth-Pawlak Geotechnical Letter Verifying - Compliance of Materials, Riverfront Subdivision, Avon, Colorado Exhibit E - Excel Energy Letter verifying completion and acceptance of High Pressure Gas Line serving the Riverfront Subdivision project Exhibit F - Holy Cross Energy Letter verifying that all conduit and vaults required for primary electric services have been installed and accepted Exhibit G - Eagle River Water & Sanitation District - Water Main Letter verifying water main installation has passed all required construction inspections of the acceptance procedure Exhibit H - Eagle River Water & Sanitation District - Sewer Main Letter verifying sewer main installation has passed all required construction inspections of the acceptance procedure Since the Confluence Metropolitan District has satisfied the requirements set forth in the SIA, staff recommends approval of Resolution No. 08-28, Series of 2008, A Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements. Financial Implications: No financial implications to the Town of Avon. Recommendation: Approve Resolution No. 08-28, Series of 2008, A Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements. Proposed Motion: I move to approve Resolution No. 08-28, Series of 2008, A Resolution Approving and Accepting the Confluence Metropolitan District Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for the Riverfront Subdivision and Establishing the Warranty Period for the Public Improvements. Town Manager Comme • Page 2 Exhibits Exhibit A - Resolution No. 08-28, Series of 2008 Exhibit B - Subdivision Improvements Agreement Exhibit C - Alpine Engineering, Inc. - Engineer's Opinion of Project Conformity Exhibit D - Hepworth-Pawlak Geotechnical - Letter Verifying Compliance of Materials Exhibit E - Excel Energy - Letter Verifying Completion & Acceptance of High Pressure Gas Line Exhibit F Holy Cross Energy - Letter Verifying Completion & Acceptance of Primary Electric Service Conduits & Vaults Exhibit G - Eagle River Water & Sanitation District - Letter Verifying Water Main Construction Inspections Acceptance Exhibit H - Eagle River Water & Sanitation District - Letter Verifying Sewer Main Construction Inspections Acceptance • Page 3 EXHIBIT A TOWN OF AVON RESOLUTION NO. 08-28 Series of 2008 A RESOLUTION APPROVING AND ACCEPTING THE CONFLUENCE METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE RIVERFRONT SUBDIVISION AND ESTABLISHING WARRANTY PERIOD FOR DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS AGREEMENT, dated May 23, 2006, with Confluence Metropolitan District in connection with the approval of the Final Plat for The Riverfront Subdivision, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Confluence District (District Improvements) in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of collateral to assure completion of the Subdivider Improvements in accordance with the Agreement and the subsequent release of the collateral upon completion and the stipulated warranty period; and WHEREAS, said District Improvements were substantially complete as of July 8, 2008; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted as of July 8, 2008. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The District Improvements required to be constructed in conjunction with The Riverfront Subdivision were substantially complete as of July 8, 2008, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated two-year warranty period for said improvements shall extend to July 8, 2010. 2. The public improvements are hereby approved and accepted by the Town of Avon with the exception of items of warranty work, which are identified during the warranty period, which items shall have a warranty period, which extends for one year from the date of satisfactory correction of the warranted item. J:\Riverfront Subd\2.8 Construction\2.9 Completeion\2.9.1 Correspondence\Resolution Completion.Doc 3. Effective July 8, 2008, the collateral may be released and warranty work on District's Improvements may be secured by a Letter of Credit from the Confluence Metropolitan District, for the Town's benefit, in the amount of $ 309,494 in accordance with the Subdivision Improvements Agreement. ADOPTED THIS ATTEST: DAY OF , 2008. Patty McKenny, Town Clerk TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor J:\Riverfront Subd\2.8 Construction\2.9 Completeion\2.9.1 Correspondence\Resolution Completion.Doc 6 200615951 06/15/2006 EAGLE COUNTY. CO TEAK J SIMONTON 23 Pgs: 26 04:52:19PM REC: $131.00 DOC: $ II 1 I II II i RIVERFRONT SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT ed THIS AGREEMENT, made and entered into this a3 day of , 2006, is by and among Confluence Metropolitan District, a Colorado quasi-municilSaL orporation and political subdivision of the State of Colorado (the "District"), and the Town of Avon, a Colorado municipality, by and through its Council (the "Town"). i i i i i RECITALS WHEREAS, the District, in connection with the approval of the final plat for the Riverfront Subdivision, consisting of 18.893 acres in the Town of Avon, Eagle County, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements Agreement ("Agreement") with the Town as provided for by Section 16.24.100 of the Avon Municipal Code, as amended (the "Code"); and i WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for completion of certain public improvements ("Improvements") ��_as depicted y on the plans approved by the Town for the Subdivision dated March .20). ZcOip ("Approved Plans") and as identified in Exhibit A attached hereto and incorporated herein by reference, together with minor changes approved by the Town Engineer; and WHEREAS, the District is responsible for the completion of the Improvements; provided, nothing herein shall be construed as relieving the obligations of the Owner (as defined therein) pursuant to the Amended and Restated Development Agreement dated March 14, 2006. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Final Plat Approval. The Town agrees that upon compliance with all other conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat of Riverfront Subdivision ("Subdivision") shall be promptly filed for recording with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. The District agrees to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all Improvements and work incidental thereto ("the Work") as depicted on the Approved Plans. The District further agrees that it will be responsible for all costs of the Improvements as itemized on Exhibit B attached hereto and incorporated herein. All said Work shall be performed in accordance with the Approved Plans. The District agrees to i EXHIBIT B S1A-Riverfront-4 27 cln commence construction of Improvements prior to the issuance of a building permit for r":'V't. any improvements in the Subdivision and to complete the Improvements prior to the issuance of a Certificate of Occupancy for any building on any lot in the Subdivision served by the Improvements. Commencement of construction of Improvements shall be deemed to mean the award and execution of contracts for the construction of the Improvements as depicted on the Approved Plans (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards established by the Town and Holy Cross Energy, Eagle River Water and Sanitation District, Excel Energy, Qwest Communications, Comcast or any other utility ("Utilities"), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. All work shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town and/or the Utilities. Such inspections by the Town and Utilities shall not relieve the District or its agents from any responsibility or obligation to assure that all Work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town and Utilities. The Town will forward copies of observation reports to the District and the District's engineers (who shall be registered in the State of Colorado) responsible for providing the opinion required by Section 6 hereof. (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town will designate the individuals and/or independent third parties employed by the Town who are authorized to inspect the construction of the Improvements. Such inspections by the Town shall not relieve the District or its agents from any responsibility or obligation to assure that all work is completed in conformance with standards, plans and specifications as submitted to and previously approved by the Town. (3) Cost of Inspections. The cost of such inspections, by Town employees or an independent third party inspector, shall be paid by the District, subject to the limitations set forth in paragraph 7 below. (4) Notice of Non -Compliance. In the event that the Town through its inspectors reasonably determines that the Improvements are not in compliance with the Approved Plans, or that additional observation or testing by the project engineer is necessary to assure compliance, it shall give written notice of such non-compliance, or additional observation or testing requests, to the District's engineers and the District ("Notice of Non -Compliance"). The Notice of Non -Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Notice of Non -Compliance must be provided to the District's engineers and the District within two (2) working days of the date of the observation. The notice may be provided in an informal manner agreed upon by the parties and without compliance with Section 15 hereof. SlA-Riverfront-4 27 cln 2 3. Security for Completion of Improvements and Obligations. To secure completion of the Improvements and the District's obligations to the Town hereunder, the District hereby agrees to secure the respective obligations under this Agreement as provided in this Agreement and in accordance with Section 16.24.100 of the Code. 4. District Obligations Concerning Improvements. (a) Funding Resolution. The District has adopted a resolution (the "Funding Resolution") attached hereto as Exhibit C authorizing the District's execution of this Agreement and providing for the appropriation, segregation and use of funds in an amount sufficient to guarantee the construction of the Improvements as set forth on the Approved Plans. The estimated costs of completion of the Improvements are set forth on Exhibit B. The Town acknowledges and agrees that funding for the Improvements is subject to the issuance of bonds by the District for such purposes. In accordance with the terms of the Indenture of Trust by which the bonds will be issued, the Bond Trustee will serve as custodian of the bond proceeds to ensure that such proceeds are applied for the purposes of funding the Improvements. The procedure by which funds are released involves the filing of "Draw Requests" together with related invoices with the Bond Trustee. The Indenture of Trust shall contain provisions authorizing the Town to submit Draw Requests to the Bond Trustee, in order to effectuate the Town's remedies to draw funds for constructing the Improvements, in the event of a default by the District hereunder. The Town agrees to use the proceeds of the District's bonds only for the purpose of paying the costs of the Improvements, and not to apply such funds for purposes not authorized in the Indenture of Trust. The Funding Resolution specifically provides that, subject to the terms of the Indenture of Trust, all funds referenced therein are unencumbered and free from claims of others such that, if necessary, any requests for payment approved by the Town may be promptly honored. As a condition to recordation of the Final Plat, the District shall provide the Town Engineer with evidence that such funds have been appropriated and segregated in a separate interest bearing account • (the "Security Account") and identified for use in connection with this Agreement. The District shall renew the Funding Resolution at the beginning of each subsequent calendar year until all Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. (b) Progress Payments on Improvements. The District may make progress payments to its contractors from the Security Account on a monthly basis upon the partial completion of itemized Improvements and upon fifteen (15) days' prior written notice, which notice will include an itemized statement of the monthly payment, to the Town. The District shall retain ten percent (10%) of the amount of each payment until final completion and acceptance of all work covered by each construction contract; SIA-Riverfront-4 27 cln 3 provided, however, when the value of work completed has progressed to fifty percent (50%) of the contract amount, the District shall not be required to withhold additional retainage for the remainder of the work under such contract. The ten percent (10%) retainage of the value of the work completed may be reinstated if in the Town's opinion the lack of progress or other substantial reasons exist. Subject to the foregoing, in no event shall any progress payment cause the remaining sum to be available in the Security Account for subsequent disbursements to be less than one hundred ten percent (110%) of the costs to complete all remaining Improvements as estimated at the time of each progress payment. Upon completion of all work related to the Improvements, the Town's acceptance of the Improvements and the expiration of the Warranty Period as set forth in paragraph 5 below the Town shall release any further interest in the Security Account. (c) Default by District. In the event of a default in whole or in part by the District, the Town shall be authorized to access the funds in the Security Account for the purpose of undertaking completion or remediation work on the Improvements after providing thirty (30) days' advance written notice of default and providing a opportunity during such period for the District to cure the default. The Town shall be entitled to draw on the Security Account by Resolution of the Town Council stating (i) that the District is in default, and (ii) the funds are required in order to complete or correct Work on the Improvements1. District funds identified in the Funding Resolution shall be held, whether by the District or the Town, in compliance with the requirements of C.R.S. Section 29-1-803(1) for the purpose of providing for the completion of the Improvements. 5. Warranty Period. The Improvements shall be warranted to be free from defects in workmanship or quality for a period of two (2) years after acceptance of all the work by the Town. In the event of any such defect, the Town may require the District to correct the defect in material or workmanship. Five percent (5%) of the total actual cost of completion of all Improvements shall be retained in the Security Account, or such amount shall otherwise be secured by a letter of credit or other collateral acceptable to the Town during such two (2) year period as a guaranty of performance of any work required pursuant to the above described warranty. In the event any corrective work is performed during the two-year warranty period, then the warranty on said corrected work shall be extended for one (1) year from the date on which it is completed and an amount equal to 125% of the cost of any corrected work, as estimated by the Town, shall during such one-. year extension period be retained in the Security Account, or such amount shall otherwise be secured by a letter of credit or other collateral acceptable to the Town, if sufficient funds are not held in the Security Account or otherwise secured as provided in this paragraph 4 above. 6. Engineering Opinion. Upon completion of portions of the Improvements, the District will cause its engineers (who shall have been actively engaged in observing the construction of the Improvements and be registered in the State of Colorado) to provide a written opinion, in a form satisfactory to the Town Engineer, that based upon on -site observation, review of sufficient construction -observation reports, field test SIA-Riverfront-4 27 cln 4 reports and material test reports and certifications by qualified personnel, the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed, to the best of their knowledge and professional judgment, in substantial conformance with all standards, plans and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on the Approved Plans, as such Approved Plans may be revised and subsequently approved. The engineer's opinion shall also include a statement that the opinion is based on a reasonable review and investigation of all observation reports by the Town inspectors and that all issues of "Non -Compliance" and additional observation and testing requests that have been provided to the engineer were addressed to their satisfaction prior to issuance of engineer's opinion. Inspection reports, test results, as -constructed plans and other supporting documentation shall be submitted with the engineer's opinion. 7. Subdivision and Inspection Fees. Fees in accordance with the Town's Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in full. Additional fees shall be paid to the Town by the District within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees, if any, will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such additional fees exceed five percent (5%) of construction costs. 8. No Obligation of Town to Complete Improvements. The District agrees that in the event the District shall fail to perform its obligations as set forth herein, the Town shall be under no obligation to complete any of the said Improvements or to issue permits for development within the Subdivision. 9. Non -Liability of Town; Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the Work specified in this Agreement, nor shall the Town, nor any officer, agent or employee thereof, be liable for any persons or property injured by reason of the nature of said Work. To the extent permitted by law, the District hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of the District, as hereinbefore stated. Furthermore, the District shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. 10. Rights of Town in Event of Default. In the event that the District defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to the District of such default, during which period of time the District fails to correct said default, the Town may, at its sole SIA-Riverfront-4 27 cln 5 discretion, exercise its rights under Section 4(c) above and proceed with the construction or completion of the Improvements specified on the Approved Plans. All such costs paid by the. Town for such Improvements, together with an administrative fee in the amount of fifteen percent (15%) of total direct costs including cost of personnel, equipment and other amounts expended by the Town in furtherance of the construction responsibilities of the District, shall be paid by the District2. The Town may bring a mandatory injunction action against the District to require installation and construction of the Improvements. If any such action is brought by the Town and the Town prevails in its legal action against the District, the Town shall be awarded its court costs, attorneys' fees and an amount to compensate the Town for the time of its employees in the preparation of and participation in such action. 11. Town Acceptance of Improvements. (a) Procedures for Acceptance. Upon completion of all construction by the District, the District's engineers shall submit a written request to the Town Engineer stating that to the best of their knowledge the installation of all Improvements are complete in accordance with the Approved Plans and requesting a joint inspection. Upon receipt of such request the Town Engineer will schedule and perform a joint inspection with the District's engineer. Following the joint inspection and review of all field observation reports, test reports, material certifications and other documentation, the Town Engineer will prepare a written Final Acceptance Punch List. The District shall make all corrections as so itemized and upon completion of the Final Acceptance Punch List work, the District's engineer shall submit to the Town Engineer a written request for a joint inspection and final acceptance. Following a joint inspection with the District's engineer and review of supporting documentation the Town Engineer will issue a revised written Final Acceptance Punch List to the District and the same procedures as described herein shall apply to such revised Final Acceptance Punch List. When the Town Engineer finds the Final Acceptance Punch List Work has been satisfactorily completed a Resolution will be prepared for Town Council action making a determination that the Improvements are complete and establishing the start of the warranty period. The warranty period set forth in paragraph 5 above with respect to the Improvements shall commence upon the date as set forth in the Town's Resolution making the determination that the Final Acceptance Punch List has been satisfactorily completed. (b) Letter Certifying Completion and Final Acceptance of Improvements. When all Improvements have been completed and accepted by the Town, or the pertinent utility supplier, and the Warranty Period has expired and provided that the District is not in default under any of its other obligations to the Town, the Town agrees that it will issue a letter, after consultation with the pertinent utility supplier if necessary, in recordable form, certifying that all obligations of the District under this Agreement have been satisfied. SIA-Riverfront-4 27 chi 6 12. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 13. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the parties hereto. 14. Venue. Venue for any litigation arising out of this Agreement shall be in the District Court for Eagle County, Colorado. 15. Notices. All notices, demands or other communications required or permitted to be given hereunder shall be in writing and any and all such items shall be deemed to have been duly delivered upon personal delivery; or as of the third business day after mailing by United States mail, certified, return receipt requested, postage prepaid, to the address set forth below; or as of 12:00 noon on the immediately following business day after deposit with Federal Express or a similar overnight courier service, to the address set forth below; or as of the third business hour (a business hour being one of the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after transmitting by facsimile to the number set forth below and evidenced by an electronic delivery receipt: If to the District: White Bear and Ankele Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 Attn: William P. Ankele, Jr., Esq. District Counsel Telephone: (303) 858-1800 Facsimile: (303) 858-1801 with a copy to: Wear, Travers & Perkins, P.C. 1000 South Frontage Road West Suite 200 Vail, Colorado 81657 Attn: Richard D. Travers, Esq. Telephone: (970) 476-7646 Facsimile: (970) 476-7118 51A-Riverfront-4 27 cln 7 \v If to the Town: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: John W. Dunn, Town Attorney Telephone: (970) 748-6400. Facsimile: (970) 748-8881 The parties hereto have executed this Agreement as of the date first above written. r- ,A. OF 4k,, f , ,,, .....oa.,,,. P' Is SEAL AP PVE AS TO FORM: John Dunn, Town Attorney TOWN OF AVON, a Colorado Municipal Corporation By: Ronald C. Wolfe, Mayor DISTRICT: CONFLUENCE METROPOLITAN DISTRICT Eagle County, Colorado SIA-Riverfront-4 27 cln 8 EXHIBIT A Subdivision Improvements Agreement APPROVED PLANS: Construction Drawings , Town of Avon, Colorado , 20 Sheets 1 through _ Release Date: , 20_ Prepared by: Technical Specifications , Town of Avon, Colorado , 20_ Sheets 1 through Release Date: 20_ Prepared by: S1A-Riverfront-4 27 cln 9 EXHIBIT A Subdivision Improvements Agreement APPROVED PLANS: 1. Riverfront Subdivision Construction Plans Road, Grading, Drainage, Water, Sewer and Utility Plans Revision Date May 12, 2006, subject to resolution of all comments in attached letter dated May 1, 2006 to East West Resorts Development XIV LP LLLP from Norman Wood, P.E., Town Engineer, Town of Avon, Colorado. As Prepared by: Alpine Engineering, Inc. Technical Specifications: Technical Specifications for Riverfront Subdivision March 2006 Owner: East West Partners P.O. Box 2770 Avon, CO 81620 Engineer: Alpine Engineering P.O. Box 97 Edwards. CO 81632 2. The Riverfront Village Overall Landscape Master Plan Avon, Colorado Revision Date March 24, 2006 (Progress Set - Not for Construction), subject to compliance with all conditions in attached letter dated April 10, 2006 to East West Partners from Matt Pielsticker-; Planner I, Town of Avon, Colorado. As Prepared by: Terrasan Planning & Landscape Architecture SlA-Riverfront-4 27 cln RIVERFRONT SUBDIVISION BID TAB March 28, 2006 ALPINE ENGINEERING. INC B & B Excavating Item Description Unit Quantity Unit Price Total 1 Mobilization LS 1 $ 263,500.00 $ 263,500.00 2 Traffic Control LS 1 $ 99,075.00 $ 99,075.00 3 Obstruction Removal LS 1 $ 190,000.00 $ 190,000.00 4 Clearing LS 1 $ 35,000.00 $ 35,000.00 Subtotal $ 587,575.00' ROADS 5 Topsoil Remove and Stockpile CY 2,594 $ 5.10 $ 13,229.40 6 Topsoil Replace (6") CY 2,038 $ 8.15 $ 16,609.70 7 Excavation CY 12,344 $ 4.70 $ 58,016.80 8 Embankment CY 33,402 $ 4.50 $ 150,309.00 9 Borrow, Haul, and Embankment CY 22,365 $ 4.12 $ 92,143.80 10 Export of Unsuitable Material CY 4,200 $ 17.00 $ 71,400.00 11 Borrow, Haul, and Embankment (for replacing unsuitable material) CY 4,200 $ 4.12 $ 17,304.00 12 Overexcavation of Man -placed Fill CY 8,713 $ 4.00 $ 34,852.00 13 Embankment for Overexcavation of Man - placed Fill CY 10,020 $ 4.50 $ 45,090.00 14 MSE Walls using Modular Block SF 1,770 $ 50.82 $ 89,951.40 15 MSE Walls with Modular Block and Veneer SF 1,282 $ 82.93 $ 106,316.26 16 Guardrail LF 141 $ 186.00 $ 26,226.00 17 Jersey Barricade (CDOT Type 4) LF 130 $ 34.00 $ 4,420.00 18 Removable Bollards EA 2 $ 605.00 $ 1,210.00 19 Concrete Curb and Gutter (2.5') LF 3,711 $ 25.31 $ 93,925.41 20 6" Median Curb and Gutter LF 34 $ 47.39 $ 1,611.26 21 4" Mountable Median Curb and Gutter LF 111 $ 32.48 $ 3,605.28 22 4' Concrete Pan LF 731 $ 57.79 $ 42,244.49 23 Concrete Sidewalk SF 11,613 $ 7.59 $ 88,142.67 24 Class 6 ABC (for roads) TON 2,353 $ 26.18 $ 61,601.54 25 Class 6 ABC (for connecting paths) TON 583 $ 25.50 $ 14,866.50 26 Class 6 ABC (Sales Center Parking) TON 159 $ 26.25 $ 4,173.75 27 Asphalt (for roads) TON 1,687 $ 58.50 $ 98,689.50 28 Asphalt (for connectini paths) TON 189 $ 64.00 $ 12,096.00 29 Asphalt Overlay (path) TON 341 $ 65.60 $ 22,369.60 30 Asphalt (Sales Center Parking) TON 74 $ 64.00 $ 4,736.00 31 Widen Existing Path LF 1,598 $ 34.00 $ 54,332.00 32 ADA Ramp EA 26 $ 962.90 $ 25,035.40 33 Stop Bar Striping EA 1 $ 397.00 $ 397.00 34 Turn Arrows EA 4 $ 350.00 $ 1,400.00 35 4" Solid Line Striping LF 3,486 $ 0.76 $ 2,649.36 36 6" Dashed Line Striping LF 90 $ 1.20 $ 108.00 37 8" Dashed Line Striping LF 53 $ 1.52 $ 80.56 38 8" Solid Line Striping LF 225. $ 1.52 $ 342.00 39 Parking Area Striping LS 1 2266 $ 2,266.00 40 Signs EA 21 $ 345.00 $ 7,245.00 41 Paver Crosswalks EA 6 $ 14,619.27 $ 87,715.62 42 Paver Transit Area LS 1 $ 26,240.92 $ 26,240.92 1 B & B Excavating 43 Pedestrian Rail LF 223 $ 133.00 $ 29,659.00 44 Path Rail LF 303 $ 100.00 $ 30,300.00 45 Concrete Wheel Stops EA 7 $ 90.00 $ 630.00 Subtotal $ 1,443,541.22 DRAINAGE 46 Sand Oil interceptor EA 2 $ 16,814.00 $ 33,628.00 47 Manhole 4' Diameter EA 10 $ 1,455.00 $ 14,550.00 48 Manhole 5' Diameter EA 1 $ 2,333.00 $ 2,333.00 49 Manhole 6' Diameter EA 1 $ 7,750.00 $ 7,750.00 50 Curb Inlet EA 2 $ 2,300.00 $ 4,600.00 51 Inlet Type C EA 2 $ 2,565.00 $ 5,130.00 52 Inlet Type D EA 1 $ 3,303.00 $ 3,303.00 53 Inlet Type R-5 Foot EA 11 $ 6,740.00 $ 74,140.00 54 Inlet Type R-10 Foot EA 2 $ 6,616.00 $ 13,232.00 55 Inlet Type R-15 Foot EA 1 $ 6,550.00 $ 6,550.00 56 18" RCP (Class III) LF 1,451 $ 84.96 $ 123,276.96 57 24" RCP (Class III) LF 631 $ 99.68 $ 62,898.08 58 48" RCP (Class III) LF 114 172.2 $ 19,630.80 59 18" Concrete End Section EA 2 $ 408.00 $ 816.00 60 24" Concrete End Section EA 3 $ 477.00 $ 1,431.00 61 48" Concrete End Section EA 1 $ 1,750.00 $ 1,750.00 62 4" PVC LF 62 $ 96.85 $ 6,004.70 63 12" PVC LF 18 $ 80.76 $ 1,453.68 64 Concrete Collar EA 1 $ 692.00 $. 692.00 Subtotal $ 383,169.22:° EROSION AND SEDIMENT CONTROL 65 Stabilized Construction Entrance EA 1 $ 3,330.00 $ 3,330.00 66 Silt Fence LF 2,525 $ 4.34 $ 10,958.50 67 Rip Rap (inlet/outlet protection) d50=12" SY 18 $ 75.00 $ 1,350.00 68 Rip Rap (inlet/outlet protection) d50=24" SY 75 $ 129.00 $ 9,675.00 69 Erosion Control Mat SY 451 $ 8.35 $ 3,765.85 70 Sediment Trap LS 1 $ 8,500.00 $ 8,500.00 Subtotal $ 37,579.35. WATER 71 12" DIP LF 2,466 $ 92.43 $ 227,932.38 72 8" DIP LF 81 $ 84.28 $ 6,826.68 73 6" DIP LF 96 $ 67.18 $ 6,449.28 74 4" DIP LF 42 $ 97.42 $ 4,091.64 75 2" Type K Copper Water Service LF 25 $ 61.86 $ 1,546.50 76 1" Type K Copper Water Service LF 20 37.9 $ 758.00 77 24" Gate Valve EA 4 $' 20,735.00 $ 82,940.00 78 12" Gate Valve EA 11 $ 2,096.00 $ 23,056.00 79 8" Gate Valve EA 2 $ 1,153.00 $ 2,306.00 80 6" Gate Valve EA 3 $ 800.00 $ 2,400.00 81 4" Gate Valve EA 1 $ 669.00 $ 669.00 82 Air Release Vault EA 3 $ 7,381.00 $ 22,143.00 83 Fire Hydrant assembly EA 8 $ 6,490.00 $ 51,920.00 Subtotal $ 433,038.48. SEWER 84 30" DIP (class 56) LF 321 515.5 $ 165,475.50 85 10" Yelomine LF 1,760 $ 79.20 $ 139,392.00 86 8" PVC Sevice LF 226 $ 59.05 $ 13,345.30 87 6" Yelomine Service LF 22 $ 115.50 $ 2,541.00 2 B & B Excavating 88 4" PVC Service LF 67 $ 62.00 $ 4,154.00 89 Manhole (4' diameter) EA 11 $ 1,852.00 $ 20,372.00 90 Manhole (5' diameter) EA 3 $ 2,492.00 $ 7,476.00 91 Manhole (6' diameter) EA 4 $ 4,012.00 $ 16,048.00 92 Sewer Video LF. 2,081 $ 2.89 $ 6,014.09 Subtotal $ 374,817.89 SHALLOW UTILITIES 93 Trenching LF 3,948 $ 16.86 $ 66,563.28 94 Trenching (Path Lighting Conduit) LF 2,005 $ 7.60 $ 15,238.00 95 Electric Conduit 4" Primary (install) LF 4,360 $ 2.42 $ 10,551.20 96 Electric Conduit 4"Secondary LF 6,321 $ 4.16 $ 26,295.36 97 Telephone Conduit 4" LF 3,484 $ 4.16 $ 14,493.44 98 Fiber Optic Conduit 4" LF 6,411 $ 4.16 $ 26,669.76 99 Cable Television Conduit 4" LF 3,404 $ 4.16 $ 14,160.64 100 Spare Conduit 4" LF 6,978 $ 4.16 $ 29,028.48 101 Transformer UMI-13S (install) EA 3 753.32 $ 2,259.96. 102 Transformer UMI-11S (install) EA 7 $ 753.32 $ 5,273.24 103 Communication 4484-TCA Vault EA 7 $ 9,720.00 $ 68,040.00 104 Electric UM35L Slice Vault (install) EA 2 $ 753.32 $ 1,506.64 105 Fiber Optic/Phone 38y-5106-TCA Vault EA 2 $ 14,800.00 $ 29,600.00 106 Handhole EA 12 $ 2,100.00 $ 25,200.00 107 Gas Trenching LF 2,108 $ 15.07 $ 31,767.56 Subtotal $ 366,647.56 ELECTRICAL 108 City of Avon Light Fixture EA 25 5343 $ 133,575.00 109 Bike Path Low Level Bollard EA 77 3191 $ 245,707.00 110 Holiday Lighting Receptacles EA 38 552 $ 20,976.00 111 Electrical Service EA 1 16312 $ 16,312.00 112 Electrical Service to Future Signs EA 2 2549 $ 5,098.00 113 Electrical Branch Circuit Wiring EA 1 93420 $ 93,420.00 S Subtotal $ 515,088.00 GRAND TOi'A (JaseBid Pric f , 4141, 56;72 3 SIA - Landscape Estimate.XLS RIVERFRONT VILLAGE LANDSCAPE MASTER PLAN Riverfront Dr ROW Cost Estimate Terrasan 3/30/2006 EARTHWORK Imported Topsoil 1000 cy $25.00 $25,000.00 $25,000.00 IRRIGATION $43,100.00 Planting Beds Backflow/Controller Sod 16700 sf 2 Is 24000 sf $1.00 $3,000.00 $0.85 $16,700.00 $6,000.00 $20,400.00 SOIL PREPARATION Planting Beds/Sod Fine Grading $25,685.00 467.00 sf 46700 sf $0.50 $23,350.00 $0.05 $2,335.00 LAWNS & GRASSES Reseed Disturbed Area Sod Erosion Control $25,500.00 10,000 sf $0.25 $2,500.00 24,000 sf $0.75 $18,000.00 1 Is $5,000.00 $5,000.00 TREES, SHRUBS, VINES, GRD.COVERS,PERENNIALS $229,936.00 Aspen 2 1/2" 20 ea $250.00 $5,000.00 Aspen 3" 35 ea ' $300.00 - $10,500.00 Aspen 4" 29 ea $450.00 $13,050.00 Spruce 18'-20' 7 ea $3,000.00 $21,000.00 Spruce 16' 7 ea $2,000.00 $14,000.00 Spruce 14' 20 ea $1,400.00 $28,000.00 Spruce 12' 40 ea $900.00 $36,000.00 Spruce 10' 69 ea $750.00 $51,750.00 Deciduous Shrub 5gal 500 ea $30.00 $15,000.00 B& B Evergreen Shrubs 0 ea $250.00 $0.00 Peren./Grd.Cover 1 gal 1500 sf $6.00 $9,000.00 Annuals 5000 ea $1.75 $8,750.00 Mulch 16700 sf $0.50 $8,350.00 Steel Edging 1192 If $8.00 $9,536.00 TOTAL $349,221.00 Page 1 Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY May 1, 2006 East West Resorts Development XIV LP LLLP Atten: Andy Gunion P.O. Drawer 2770 Avon, CO 81620 Re: Riverfront Subdivision - Final Plat (Construction Plans) Road, Grading, Drainage, Water. Sewer and Utility Plans Dear Mr. Gunion: The following comments are in response to our review of the Construction Plans for Riverfront Subdivision as received in this office on April 12, 2006. Riverfront Subdivision - Constniction Plans: 1. It should be noted that the Subdivision Variance and Preliminary Subdivision Plan approvals included the condition, "The Variance from the minimum_ cul-de-sac right-of-way diameter requirements is subject to the submittal and approval of an acceptable design conforming to minimum pavement diameter and guardrail installation contained within the cul-de-sac right-of-way." The proposed "Wall Easement" does not meet this requirement. Please submit revised plan per approval condition. 2. Please submit letters from all applicable utility companies verifying approval of the Construction Plans as they relate to their proposed facilities. Typically this would include copies of service agreements with Holy Cross Energy and Excel Energy along with costs for installation or documentation that service charges have been paid. 3. Landscape Plans for public ways must be submitted with subdivision improvement plans. It should also be noted that all retaining walls and landscaping in public ways are subject to Town of Avon Planning and Zoning Commission (P & Z) Design Review approval. Please submit appropriate retaining wall and landscape architectural plans for P & Z review. 4. Fire Hydrants along the north side of Riverfront Lane should be relocated to the south side adjacent to the developable property. 5. Connecting Bikepath. between Eagle River Path and Riverfront Lane should be realigned at north end for more clearance from parking area and to obtain a more perpendicular connection with the sidewalk. I:\Engineering\ConfluenceSubdivision\Pinal\Conssniction Plan Review-I.Doc May 1, 2005 Re: Riverfront Subdivision - Final Plat (Construction Plans) Road, Grading, Drainage, Water, Sewer and Utility Plans 6. Riverfront Lane pedestrian crossing between Town of Avon Transportation Center and Pedestrian Plaza area must be consistent with P & Z approval and compatible master plaza railroad crossing designs. Related comments from P & Z review include: a. Bollard alignment between Riverfront Lane and railroad to be curved to match the auto lane curve on the western side of this intersection. b. Concrete pan extending from Riverfront ROW- to western edge of auto lane shall be deleted. Concrete shall be flush with material at this area. c. Stamped or scored concrete to be utilized at crosswalk with no greater than a 2' score to create a material difference of the crosswalk. The crosswalk will be elevated at least 2 inches in 2 feet at the transition from both approaches. d. Traffic calming devices such as a flower box shall be introduced in the Riverfront ROW at. the crosswalk. The approach to this pedestrian crosswalk shall be designated as a 15 MPH speed limit at locations noted in this report. We may want to incorporate a streetscape light in to each end of a raised median through the pedestrian crossing. This could possibly be incorporated with. flower • boxes or as alternative to flower boxes but either way will help address some of the lighting concerns at this crossing. 7. Revegetation / Landscape Plans are not included with submittal.' Please submit Revegetation / Landscape Plans for all areas within public rights -of -way and areas disturbed by construction of public improvements. • 8. "Proposed Sales Center" improvements should be deleted from subdivision improvement plans or at least noted that work is not part of public improvements and is subject to additional permits and approvals. 9. It is noted that future building outlines as depicted on Construction Plans appear to overlap drainage ways along connecting Bikepath and into existing Town of Avon Drainage Easement and into existing Water and Sewer Easement. Also it appears future building outline does not leave adequate space to maintain or reconstruct retaining wall at cul-de-sac. 10. - Southerly Avon Road crosswalk should be located closer to end of extended median to be compatible with vehicle storage lane and intersection with Hurd Lane. 11. Consider slight increase in grades on lower portion of new upper bike path to reduce 8% grade and provide better connection to sidewalk at Avon Road. 12. Consider small drainage swale along upper edge of new upper bike path and small culvert under existing path at connection point to existing path. 1:,Engineerinc'.C:oniluence'.Subdivision`.Final :Construction Plan R viev.-I .Doc May 1, 2005 Re: Riverfront Subdivision - Final Plat (Construction Plans) Road, Grading, Drainage, Water, Sewer and Utility Plans 13. There appears to be adequate space to relocate the shallow utilities vault shown as located in the sidewalk at the southwestern corner of the intersection of Avon Road and Riverfront Lane. This vault should be relocated accordingly. 14. It appears that the area of relocation of the existing path along the Eagle River needs to be extended to the west to optimize alignment and maintain path width. (Sheet 7) 15. Should lighting conduit location along bike path be revised to 2 feet from outside of widened path? 16. Utility service stub outs should be extended far enough beyond right-of-way line to avoid sidewalk or street damage when excavating to make connections. 17. , Retaining wall plans appear to be inconsistent with grading plans especially in the area around on street parking area and connecting Bikepath. 18: Please submit copies of Sediment and Erosion Control Best Management Practices and State Stormwater Control Permit. Maintenance notes on plans should match BM:P and Permit conditions. 19. Please include proposed dust control and mitigation plan as part of construction documents. 20. Please note that a Permit for Work Within Public Ways will be required. for work within Avon .Road right-of-way and that this work will be subject to the conditions of such permit in addition to compliance with the Subdivision Improvements Agreement. 21. Projected traffic loading of 25 EDLA for pavement design seems to be reasonable after project is built out, however it does seem to be adequate to include construction traffic during the anticipated 3 to 5 year build out period. How does this affect pavement section? • 22. Avon Road, Crosswalk Details should be revised to match existing Avon Road crosswalks at Beaver Creek Boulevard and Benchmark :Road. (We may be able to help with details if desired.) 23. Pedestrian Crossing Ramps must be revised to conform to ADA requirements including truncated dome pavers. 24. The small asphalt areas between crosswalks and drainage pans at the Riverfront Lane / Avon Road intersection should be changed to concrete pavement. 25. All Avon Road widening and asphalt patch backs must be existing asphalt thickness plus 1 -inch. 26. Additional signage should be provided to emphasize pedestrian crossing area and to reduce Speed Limit through crossing area to Pedestrian Plaza to 15 MPH. 27. It appears that the addition of a Yield Sign in the island and dashed yield line striping for the right turn lane at Riverfront Lane / Avon Road intersection may help clarify intended traffic flow in this area. I:%Engineering,Conlluence'Subdivision,.Final`.Construction Plan Review- .Doc May 1, 2005 Re: Riverfront Subdivision - Final Plat (Construction Plans) Road, Grading, Drainage, Water, Sewer and Utility Plans 28. The street identification signs (Riverfront Lane) appear to be undersized at 4- inches tall. :I believe the standard street identification signs in Town are 6 -inches tall. 29. It is not clear how drainage gets from box culvert under railroad to Inlet 42 at the cul-de-sac. It does not appear that the 15 -inch pipe between the Inlet 42 and the box culvert under the railroad will carry the 100 cfs flow projected per Drainage Report, and contour lines seem to indicate that surface flow will be to the west away from the inlet. 30. The guardrail at the cul-de-sac should not be necessary with the curb and gutter section and posted speed limits. 31. Please provide details for the pedestrian railing proposed at the cul-de-sac. 32. The lighting plan is subject to Town of Avon Planning and Zoning Commission Design Review for both fixture types and lighting levels. Comments will be forthcoming following that review. We will continue our review upon receipt of a response to the above comments. Additional comments will be forthcoming as we continue our review of the Riverfront Subdivision related documents. Sincerely, Norman Wood, P.E. Town Engineer Cc: Tambi Katieb Eric Heidemann Larry Brooks Mike Sliper :,.Engine.eringiConflueneeSubdivisian;PinaRConstruction Riau Review -I .Doc 4 April 10, 2006 East West Partners Attn: Andy Gunion P.O. Drawer 2770 Avon, CO 81620 RE: RIVERFRONT VILLAGE - MASTER LANDSCAPING & PLAZA PLAN CONDITIONALLY APPROVED BY PLANNING COMMISSION Andy: At their April 4, 2006 meeting, the Planning and Zoning Commission approved the above -mentioned plan with the following conditions: 1/ All lighting submitted is only conceptually approved, and will require submittal of a site lighting plan in conformance with Chapter 15.30 ("Outdoor Lighting Standards") prior to final approval. Street lighting fixtures will match those selected for use in the Town Center project. The Tract A bollard option shall be resubmitted (both concrete and wood are not approved as submitted). Lighted bollards shall be used at the pedestrian crossing of Riverfront Lane. 2/ Bollard alignment between Riverfront Lane and railroad to be curved to match the auto lane curve on the western side of this intersection. 3/ Concrete pan extending from Riverfront ROW to western edge of auto lane shall be deleted. Concrete shall be flush with material at this area. 4/ Stamped or scored concrete to be utilized at crosswalk with no greater than a 2' score to create a material difference of the crosswalk. The crosswalk will be elevated at least 2 inches in 2 feet at the transition from both approaches. 5/ Traffic calming devices such as a flower box shall be introduced in the Riverfront ROW at the crosswalk. The approach to this pedestrian crosswalk shall be designated as a 15 MPH speed limit at locations noted in this report. 6/ Concrete from terminus of public plaza to river path shall be stained or colored to compliment retaining wall and plaza color and material palette. F.: I Planning & Zoning CommissionlMeeting Letters120061040406I Riverfront Landscaping & Plaza approved.doc 7/ The restroom/gondola operations building will be resubmitted in context with the hotel design review. Snow shedding will be incorporated and reviewed as part of the snow management plan for this building. 8/ Minimum quantities for landscape plan shall be increased to 6-8 trees for each 650 square feet of landscape plan to conform to submitted plans shown for public areas (Riverfront Lane & Entrance and below retaining of plaza). One tree and three shrubs per 650 square feet (ten shrubs may be substituted for one tree) is approved as the minimum for each individual lot, and shall be reviewed separately during design review for each submittal. 9/ Fencing along Railroad ROW will be specified and approved separately. 10/ Additional evergreen trees shall be introduced at the base of the retaining wall below the public plaza and the minimum height of these trees shall be 15' tall at time of installation. 11/ The crosswalk at Riverfront Lane shall be installed by the opening day of the gondola. 12/ Snowmelt down the stairs of the public plaza to the river access trail shall be reviewed with the hotel design review. 13/ Use of Spruce trees behind the Avon Transit Directional Sign shall be slightly tapered and pulled to the east to avoid obstruction of view. Feel free to call our office if you have any questions regarding your approval at 970.748.4030. Kind Regards, Matt Pielsticker Planner I Cc: File EXHIBIT B Subdivision Improvements Agreement PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE SIA-Riverfront-4 27 cln 10 EXHIBIT B Subdivision Improvements Agreement PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE Road, Grading, Drainage, Water, Sewer and Utilities Per Riverfront Subdivision Bid Tab (Attached) Landscape Master Plan Per Riverfront Drive ROW Cost Estimate (Attached) Natural Gas Service (Excel Energy) Town of Avon Estimated Cost Contract Administration & Contingencies Town of Avon Estimate at 15% Total Estimated Cost $ 4,141,457 $ 349,221 $ 200,000 $ 703,602 $ 5,394,280 SIA-Riverfront-4 27 cln 2 EXHIBIT C Subdivision Improvements Agreement DISTRICT FUNDING RESOLUTION SIA-Riverfront-4 27 cln I 1 EXHIBIT C Subdivision Improvements Agreement DISTRICT FUNDING RESOLUTION SIA-Riverfront-4 27 cln 11 RESOLUTION OF CONFLUENCE METROPOLITAN DISTRICT REGARDING APPROPRIATION OF FUNDS UNDER SUBDIVISION IMPROVEMENTS AGREEMENT RIVERFRONT SUBDIVISION WHEREAS, the Confluence Metropolitan District (the "District") is a quasi - municipal corporation and political subdivision of the State of Colorado; and WHEREAS, the District is authorized, pursuant to Section 32-1-1001(1)(d)(I), C.R.S., to enter into contracts and agreements affecting the affairs of the District; and WHEREAS, the District has entered in to a certain "Riverfront Subdivision Subdivision Improvements Agreement," dated as of , 2006, together with the Addendum to the Subdivision Improvements Agreement attached thereto (the "SIA") with the Town of Avon, Colorado (the "Town") regarding the funding and/or construction of public infrastructure improvements in connection with the approval of the "Amended and Restated Development Agreement for The Confluence" (the "Project" and the "Development Agreement, respectively"), which will now be replatted as Riverfront Subdivision; and WHEREAS, the District is responsible for the performance and completion of public improvements set forth on Exhibit A of the SIA (the "Improvements"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CONFLUENCE METROPOLITAN DISTRICT AS FOLLOWS: 1. The Board of Directors hereby finds, determines and declares that it is in the best interests of the District to execute and deliver to the Town the SIA, and the appropriate officers and directors of the District are hereby authorized to execute and deliver the SIA to the Town. 2. The Board of Directors hereby appropriates and reserves to the Town pursuant to the SIA the amount of $ to guarantee construction of the Improvements, such amount to be subject to replacement by the proceeds of bonds to be issued by the District and certified to the Town as provided in the SIA, and as further set forth in Paragraph 3 below (the "Interim Funds"). 3. At such time as the District issues Bonds to replace the remaining balance in the Interim Security Account (as that term is defined in the Addendum to the SIA), the Board of Directors shall appropriate, and reserve to the Town pursuant to the SIA, and subject to the terms of the Indenture of Trust between the District and its Indenture Trustee (the "Indenture Trustee"), relating to the issuance of the District's Tax Supported Variable Rate Revenue Bonds (the "Bonds"), proceeds of the Bonds in the amount of the deposit required to replace monies then on deposit in the Interim Security Account (the "Bond Funds") to guarantee construction of the Improvements. 4. The Board of Directors hereby certifies to the Town Council that the Interim Funds are unencumbered and free from claims from third parties, so that any requests by the Town for payment under the SIA may be promptly honored in accordance with the terms of the SIA. The Board of Directors further certifies that the Interim Security Account is a separate account and reserved for the uses specified in the SIA, and shall be held in compliance with the requirements of Section 29-1-803(1), C.R.S., for the purposes of providing for the completion the Improvements. 3. To the extent that Bond Funds are used to replace the Interim Funds, the Board of Directors hereby certifies to the Town Council that the Bond Funds are being held by the Indenture Trustee pursuant to the Indenture of Trust, and are otherwise unencumbered and free from claims from third parties, so that any requests by the Town for payment under the SIA may be promptly honored if presented to the Indenture Trustee as provided in the Indenture of Trust. The Board of Directors further certifies that Construction Fund in which the Bond Funds are held under the Indenture of Trust, is a separate account (the "Security Account") and reserved for the uses specified in the SIA, and shall be held in compliance with the requirements of Section 29-1-803(1), C.R.S., for the purposes of providing for the completion the Improvements. 4. This Resolution shall be renewed at the beginning of each subsequent calendar year until all the Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. APPROVED AND ADOPTED THIS e DAY OF , 2006 CONFLUENCE METROPOLITAN DISTRICT ATTEST By: President By: Secretary EXHIBIT C ENGINEER'S OPINION OF PROJECT CONFORMITY Project: Riverfront Subdivision Location: Avon, Colorado I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To the best of my knowledge and belief, based upon site observations by Alpine Engineering, Inc's personnel, along with test results, reports, and information provided by others, the constructed improvements in the above referenced project and the materials incorporated therein appear to be in general conformance with the contract plans, specifications and standards. This includes the improvements for the shallow utilities. The contract plans, specifications and standards for the project are those presented in the Riverfront Subdivision, Construction Plans, Road, Grading, Drainage, Water, Sewer and Utility Plans, as approved by the Town of Avon and subsequent revisions thereto. This opinion of project conformity is limited to those portions of the project designed by Alpine Engineering, .lc. By: Kent A. Kri for Alpine Engineering, -LS q EXHIBIT D G&ech HEPWORTH -PAWLAK GEOTECHNICAL June 30, 2008 East-West Partners Attn: Ron Kowalski P.O. Box 2770 Avon, Colorado 81620 Hepworth-Fawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 email: hpgeo@hpgeotech.com Project No. 1057061 Subject: Compliance of Construction and Materials, Riverfront Subdivision, Avon, Colorado Dear Mr. Kowalski: Hepworth-Pawlak Geotechnical, Inc. provided observation and materials testing services for earthwork, concrete, aggregate base course and hot -mix asphalt paving during construction of the roads and utilities for the Riverfront Subdivision Project. Our services for the construction began in early May 2006 and continued on an as -required basis. Our services were performed under the direction of the undersigned licensed engineer registered in the State of Colorado. Nonconforming materials and/or workmanship identified during construction were immediately brought to the attention of the contractor for correction. Our testing and observation reports have been distributed under separate cover. The road and utilities construction are now substantially complete. Compression test results for incidental concrete recently replaced by B&B Excavating, Inc. are pending and will be distributed as they become available. Based on our observations during construction and the results of our testing to date, the earthwork, concrete, aggregate base course, and hot -mix asphalt paving materials placed for the project are in substantial compliance with the project specifications, and/or currently accepted industry practices as applicable. If you have any questions, please contact the undersigned. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. ThonYas J. Westhoff Revue acid By: �v44. •61415,; _ 216 ,. David A. Young, ' ��d�'•`• 6' vv�•,f : Kt,. NoirOrr 0, TJW/ ,,-po ALet�G �� cc: Town of Avon — Justin Hildreth Alpine Engineering — Jim Horsley B&B — Mike Pettit Parker 303-841-7119 • Colorado Springs 719-633-5562 • Silverthorne 970-468-1989 EXHIBIT E Post Of!ceBox1819 Silverthorne. CO 80498 Justin Hild% PE Town Encn r Town of Avon 400 Benchmark Road Post OffceBox 975 Avon, ColoradE 81620 KC 1 vei oar 6 e in Avon -Utility Infrastructure Acceptance Dear Mr. gii eG: XclEner ha,sinspected and accepted theGas Main italled along Riverfront Lane, dy !!> v any quesi: 3 please contact me at 970-267-407 4 Sincer,ely, n Sow it G 2 er Design Department/Mountain Divi Cc: Ron o� 16S Jim Horsley EXHIBIT F 3799 HIGHWAY 82 - PO. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 - FAX (970) 945-4081 June 17, 2008 Justin Hildreth, PE Avon Town Engineer PO Box 975 Avon, CO 81620 Re: Riverfront Lane in Avon - Underground Electric Acceptance DearJustin: n: Holy Cross Energy has inspected and accepted the electric utility underground infrastructure installed along Riverfront Lane by East West Partners. If you have any questions, please feel free to contact me. Sincerely, HOLY CROSS ENERGY Libby Cowling, Engineering Department lcowlinq@holycross.com (970) 947-5428 LC:vw cc: Ron Kowalski East West Partners PO Box 2770 Avon, CO 81620 W/O#08-19558:Riverfront Sub 08.19558 Hlldreih A Touchstone Energy" Cooperative ^J.r Standard Specifications for Water Mains s 7kk/ EXHIBIT G t>lr"-I1 (3)Setvee$ i ERW&SD Project Engineer Contractor District WATER SYSTEM ACCEPTANCE PROCEDURE Eagle River Water & Sanitation District Ye f 03 Applicant Local Contact Location CONSTRUCTION REVIEW TEAM: Approved for construction (4 Sets) Date Approved By FIELD OPERATIONS INSPECTIONS: 2) Low Chlorine Test Details ( , -s-inLL ) L oG a----- /0/0 Of QLi >o% od SI `L ksn 1) High Chlorine Test Details 3) Bacteriological Test ( ssee 4) Hydrostatic Pressure Test ( 1/5"-pSi ) 5) Valves Box/Curb Stops: To Grade & Operated 6) Fire Hydrant: To Grade & Operated 7) Air Release Vault 8) PRV Inspection 9) District/Contractor Redline Review 10) Confirmation that Engineer has received redlines 11) Rough Grade Inspection 12) CONSTRUCTION ACCEPTANCE: MV WATER OPERATIONS: 1) Tank Inspections a) Disinfection:(ANSI/AWWA C652-92) b) Fire Hydrant near Tank c) Vents: Screened & Secure d) Overflow Drainage: Adequate e) Hatches/Doors/Ladders: Secure 2) Pumps, Controls & Telemetry Inspections 3) Department Approval REGULATIONS ADMINISTRATOR: Project Cost ($ ) Bill of Sale Final Grade and Paving Drawings of Record, Paper ( ) & Disk ( ) Easement Documents Final Inspection FINAL ACCEPTANCE cQ 1f1.11tADV nn A I EXHIBIT H EAGLE RIVER WATER & SANITATION DISTRICT 846 Forest Road • Vail. Colorado 81657 (970) 476-7480 • FAX (970) 476-4089 June 26, 2008 Mr. Chip Bair B&B Excavating, Inc. P.O. Box 1729 Edwards, Colorado 81632 Subject: Construction Acceptance of Sewer Main at Riverfront Project, Avon, Colorado Dear Mr. Bair: The Eagle River Water & Sanitation District (District) has inspected the sewer main for the Riverfont Project in Avon, Colorado, including the portion that was replaced from Manhole No. 7 downstream, approximately 44 feet. The sewer main for this project has received Construction Acceptance by the District effective June 10, 2008, which is also the start date for the two year warranty period. You are probably aware that the District's procedures for Final Acceptance of sewer mains includes re -inspection of mains that have received Construction Acceptance within the two year warranty period. If during re -inspection the District discovers any defects, it may require corrections under the warranty. If the District requires you to repair or replace portions of the Riverfront sewer main, we will expect a 2 -year extension of the warranty. If the results of re - inspection are acceptable to the District, then you are obligated to complete the District's Sewer Line Acceptance procedures before we can grant Final Acceptance. You are also aware of the District's concerns regarding the Riverfront sewer main as outlined in Fred Haslee's letters to you, dated April 17th and June 10th, 2008, those areas will be of special interest to us at the time of re -inspection. If you have any questions or comments, please do not hesitate to contact me. Andy St_r hler, CIP Manager for Fred Haslee Regulations Administrator Cc Fred Haslee, Regulations Administrator Roby Forsyth, Distribution and Collections Division Manager Project File WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES Avon Main Street- Artwork Program Second Meeting 7.01.08, llam-fpm Town Library, Small Conference Room (not Beaver Creek Room) Attendees: AAC (Avon Arts Council) TOA (Town of Avon) Mc & B (McGrath and Braun): Martha Weidmann, Liz Iracki BDG (Britina Design Group): Kristin Cypher Meeting Agenda: I. Introduction: Kristin Cypher, BDG II. Where we are now: Preliminary Design Phase Review of Information Gathered to -Date Online Survey Stakeholder Meeting "Centers" Exercise Preliminary Design Concepts Budget/Process III. Goals for this meeting: Focused Feedback, Art work for Main Street Centers For each Center, we will give an overview of conceptual functions and design intentions; then view conceptual art options for each space. We would like the AAC to provide detailed feedback on materiality, functionality, and aesthetic. The AAC feedback will be used to generate site specific artist proposals and detailed street design. 1. Nottingham Park Gateway -Overview Conceptual Functions Design Intentions -Art Options Group A Group B -Focused Feedback Materiality Functionality Aesthetic Conceptual Functions Design Intentions - Art Options Group A Group B - Focused Feedback Materiality Functionality Aesthetics IV. Closing 1. Goals of next meeting 2. Timing TBD 3. Questions 2. Library/Rec Center Plaza - Overview Conceptual Functions Design Intentions -Art Options Group A Group B - Focused Feedback Materiality Functionality Aesthetic 3. Seasons/Sheraton Plaza - Overview Conceptual Functions Design Intentions -Art Options Group A Group B - Focused Feedback Materiality Functionality Aesthetic 4. Lettuce Shed Focal Point - Overview Conceptual Functions Design Intentions - Art Options Group A Group B - Focused Feedback Materiality Functionality Aesthetics 5. Lettuce Shed Lane -Overview Conceptual Functions Design Intentions - Art Options Group A Group B -Focused Feedback Materiality Functionality Aesthetics 6. Eastern Gateway - Overview Page 1 of 1 Debbie Roeland From: Justin Hildreth Sent: Monday, June 3O, 2OO8 8:21 AM To: Martha Weidmann Cc: Debbie Roeland Subject: RE: Next AAC Meeting Martha, Deb will order lunch for tomorrow's meeting. Do you know how many people from the Arts Council will be attending? Justin Justin Hildreth, PE Town Engineer Town of Avon 970 748 4045 Direct 970 390 2136 Cell JHildreth.@.ay..onorg From: Martha Weidmann [mailto:mweidmann@mcgrathandbraun.com] Sent: Friday, June 27, 2O08 4:24 PM To: Ron Wolfe email; Ron Wolfe; Justin Hildreth Cc: Jette Braun; Liz Iracki; Tim Piper; Kristin Cypher; Eric Heidemann; ROB SPERBERG; sharongreene@tandemconsulting.biz; dongreene@tandemconsulting.biz Subject: RE: Next AAC Meeting HI Avon Arts Council, A reminder that our 2nd meeting will take place: Tuesday, 07.01.08 11 am -1 pm Town Library, Small Conference Room (not the Beaver Creek Room). A copy of our meeting Agenda is attached We look forward to seeing you then! Enjoy the weekend, Martha Martha Weidmann, Associate McGrath & Braun Art Consultants 1058 Delaware St. Denver, CO 80204 o. (303) 893.0449 c. (303) 483.5297 martha@mcqrathandbraun.com 6/30/2008 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: July 17, 2008 Re: Resolution 08-29, Budget Amendment Summary: Resolution 08-29 proposes to amend the Town's General Fund and Transit Enterprise Fund 2008 budgets as detailed below. Discussion: General Fund. This budget revision indicates a net reduction in estimated revenues of $611,262, as follows: • Building permit fees and plan check fees have been reduced by a net of $870,000 due to the slowdown in construction activity and, specifically the delay in construction starts for Timeshare West and the Riverfront Lodge. • Village at Avon municipal services revenues have been reduced by $132,486 for asphalt overlay and street lighting expenditures previously allocated to the Village by lane miles. • Estimated tax revenues have been increased by $223,136 due to higher than expected sales, utility and franchise taxes through May and sales tax audit revenues of $100,000 not previously budgeted. • Increase in estimated court fines of $29,000, miscellaneous revenues of $35,000, and transfers in from the Community Enhancement Fund for previously expended items of $61,800. In light of the significant revenue changes for 2008 identified above, the Town Manager requested that department heads and staff begin the process of amending their 2008 budgets ahead of preparations for the 2009 budget. This budget amendment reflects a net reduction of $217,007 in departmental budget revisions. The most significant changes are a reduction of $166,596 in plan check referral costs in the building inspection division of the Community Page 1 Development department, and an increase of $26,820 in fuel costs in the streets and roads division of the Public Works department. Transit Enterprise Fund This budget revision reflects the final reconciliation with Beaver Creek including the ski school shuttle, an increase in federal grant monies to be recovered from the purchase of video equipment for buses, increases in fuel costs, and other miscellaneous changes. The net result of these revisions, combined with the budget earlier this year to reflect the termination of the Beaver Creek services, has resulted in a net increase of the General Fund's subsidy to Transit in the amount of $239,000 (see General Fund revision above). Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: A - Resolution 08-29 B — General Fund, pages 1-6 B — Transit Fund, Pages 1-7 • Page 2 RESOLUTION NO. 08-29 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2008 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2008, AND ENDING ON THE LAST DAY OF DECEMBER, 2008. WHEREAS, the Town Council of the Town of Avon has adopted the 2008 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2008: Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,623,278 $ 7,295,426 15,276,433 14,665,171 15,295,206 15,317,199 Ending Fund Balance $ 6,604,505 $ 6,643,398 1 Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 204,335 $ 393,681 2,572,516 2,731,916 2,572,408 2,731,620 $ 204,443 $ 393,977 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 22nd day of July, 2008. ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 2 General Fund #10 Amendment No. 1 REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfer -In From Community Enhancement Fund Transfer -In From Capital Projects Fund Capital Lease Proceeds Total Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Contingency Other Uses Transfers -Out to Mall Maintenance Transfers -Out to Avon Urban Renewal Authority Transfers -Out to Faciilities Reserve Fund Transfers -Out to Debt Service Transfers -Out to Transit Transfers -Out to Fleet Maintenance Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 8,710,829 $ 419,292 929,153 2,351,475 84,290 827,234 266,842 9,574,072 823,600 1,001,454 2,772,596 104,150 500,000 249,500 $ 9,797,208 295,600 1,038,454 2,303,398 133,150 500,000 284,500 $ 223,136 (528,000) 37,000. (469,198) 29,000 35,000 13,589,115 15,025,372 14,352,310 (673,062) 200,000 170,156 1,500 249,561 1,500 61,800 249,561 61,800 370,156 251,061 312,861 61,800 $ 13,959,271 $ 15,276,433 $ 14,665,171 $ (611,262) $ 2,563,047 902,634 2,203,803 3,263,935 2,483,910 $ 2,560,712 $ 2,520,551 $ (40,161) 1,051,677 886,155 (165,522) 2,671,210 2,661,464 (9,746) 3,791,945 3,813,777 21,832 2,772,757 2,749,347 (23,410) 11,417,329 12,848,301 12,631,294 (217,007) 20,000 20,000 15,000 72,917 591,552 1,315,000 160,000 15,000 50,000 72,917 587,988 1,541,000 160,000 15,000 50,000 72,917 587,988 1,780,000 160,000 239,000 2,154,469 2,426,905 2,665,905 239,000 13,571,798 15,295,206 15,317,199 21,993 387,473 (18,773) (652,028) (633,255) 6,907,953 6,623,278 7,295,426 672,148 $ 7,295,426 $ 6,604,505 $ 6,643,398 $ 38,893 Page 1 General Fund #10 Amendment No. 1 Account Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Taxes: 51101 General Properly Tax 51102 General Properly Tax - Delinquent Collections 51103 General Properly Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51303 Accommodation Tax 51304 Penalties and Interest 51305 Sales Tax Audit Assessments 51306 Payments In -Lieu -Of Sales Tax 51402 Franchise Fees 51000 Total Taxes Licenses and Permits: 52101 Liquor Licenses 52102 Business Licenses 52103 Contractor's Licenses 52201 Building Permits 52203 Plumbing Permits 52204 Mechanical Permits 52205 Road Cut Permits 52206 Other Licenses and Permits 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53105 School Resource Officer Grant 53199 Other Federal Grants State Grants 53204 LEAF Grant 53299 Other $ 1,533,530 $ 2,008,327 $ 2,008,327 $ 62 300 300 - 2,236 2,000 2,000 171,976 175,000 175,000 5,573,213 5,773,928 5,873,928 100,000 121,462 135,000 142,778 7,778 454,920 567,500 567,500 19,736 15,000 15,000 11,554 15,000 100,000 85,000 478,612 497,017 497,017 343,528 385,000 415,358 30,358 8,710,829 9,574,072 9,797,208 223,136 5,502 20,350 18,478 282,929 32,994 47,697 11,342 5,500 20,000 18,000 615,000 80,000 80,000 5,000 100 5,500 20,000 10,000 250,000 10,000 100 (8,000) (365,000) (80,000) (80,000) 5,000 419,292 823,600 295,600 (528,000) 68,578 65,102 65,102 4,657 14,400 14,400 843 Subtotal: Grants 74,078 State/County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration,. 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund 53308 State Severance Tax Subtotal: Shared Revenue 53000 Total Intergovernmental 79,502 79,502 66,091 23,851 169,174 54,770 397,257 142,839 1,093 72,000 24,000 160,952 53,000 425,000 182,000 5,000 72,000 24,000 160,952 53,000 440,000 204,000 5,000 15,000 22,000 855,075 921,952 958,952 37,000 929,153 1,001,454 1,038,454 37,000 Page 2 General Fund #10 Amendment No. 1 Account Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Charges for Services: General Government: 54101 Sales of Map and Publications 54102 Photocopying Charges 54103 License Hearing Fees 54104 Other Fees and Charges 54201 Plan Check Fees 54202 Subdivision Review Fees 54203 Design Review Fees 54204 Animal Control Fees 54205 Abatement Services 54301 Police Reports 54302 Police Contract Services 54303 Fingerprinting Fees 54304 VIN Inspection Fees 54305 False Alarm Fees/Misc Police Dept Fees 54399 DUI Reimbursement 54453 Village at (Avon) Municipal Services Subtotal: General Govern. Recreation Facility: 54601 Admission Fees 54602 Program Fees 54603 Rentals 54604 Merchandise Sales 54605 Childcare 54606 Rec Center Services 54607 Fitness Program Revenues 54608 Locker Rental Other Recreation: 54651 Adult Program Revenues 54652 Cabin Equipment Rentals 54653 Athletic Field Rentals 54654 Cabin Concessions 54655 Youth Program Revenues 54676 Sponsorships 54678 Event Fees Subtotal: Recreation 54000 Total Charges for Services $ 55 250 250 1,526 3,000 3,000 100 25 25 3,028 2,250 2,250 231,438 475,000 130,000 48,347 35,000 35,000 40,401 35,000 35,000 2,485 2,000 2,000 - 100 100 1,097 2,000 2,000 11,881 10,000 10,000 3,814 3,500 3,500 11,322 20,000 20,000 3,948 3,300 3,300 2,173 2,500 2,500 539,440 698,468 565,982 (345,000) (132,486) 901,055 1,292,393 814,907 (477,486) 1,042,579 1,053,000 1,053,000 36,150 42,500 45,000 5,035 4,500 4,500 11,166 15,884 15,884 9,589 14,000 14,000 21,125 22,900 22,900 25,880 23,200 25,000 300 300 300 18,058 17,512 16,500 30,986 37,307 37,307 3,051 4,000 4,000 4,840 5,600 5,600 133,547 130,000 145,000 97,375 100,000 90,000 10,739 9,500 9,500 2,500 1,800 (1,012) 15,000 (10,000) 1,450,420 1,480,203 1,488,491 8,288 2,351,475 2,772,596 2,303,398 (469,198) Page 3 General Fund #10 Amendment No. 1 ve Account Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Fines and Forfeitures: 55101 Court Fines - Traffic 55102 Court Fines - Criminal 55103 Court Fines - Parking 55104 Court Fines - General 55105 Court Costs 55106 Jury Fees 55107 Bond Forfeitures 55108 Miscellaneous Court Revenues 55110 Training Surcharge 55000 Total Fines and Forfeitures $ 40,442 42,000 68,000 26,000 29,322 35,000 38,000 3,000 6,000 8,000 8,000 - 3,180 3,500 3,500 5,196 5,500 5,500 - 150 150 - 150 500 500 - 1,500 1,500 - - 8,000 8,000 - 84,290 104,150 133,150 29,000 Investment Earnings: 57101 Interest 827,234 57000 Total Investment Earnings Other Revenues: 58101 Recreational Amenity Fees 58109 Debt Issuance Fees 58201 Lease of Town -Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues 50000 TOTAL REVENUES 500,000 500,000 827,234 500,000 500,000 136,510 11,447 27,410 91,475 145,500 11,000 28,000 65,000 145,500 11,000 28,000 100,000 35,000 266,842 249,500 284,500 35,000 $ 13,589,115 $ 15,025,372 $ 14,352,310 $ (673,062) Page 4 General Fund #10 Amendment No. 1 ment xi nditureStimmar Dept./Div. Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) General Government: Legislative: 111 Mayor and Town Council 112 Boards and Commissions 113 Town Attorney 114 Public Relations 115 Town Clerk Total Legislative Judicial: 121 Municipal Court Executive: 131 Town Manager 132 Human Resources 133 Community Relations Total Executive Finance Department: 141 Finance 142 Information Systems 149 Nondepartmental Total Financial Administration Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development Police Department: 311 Administration 312 Patrol 313 Investigations Total Police $ 130,343 $ 258,025 $ 254,225 $ (3,800) 12,718 15,806 15,806 194,539 175,000 175,000 338,921 - 99,012 97,610 99,985 2,375 775,533 546,441 545,016 (1,425) 113,818 125,131 124,881 (250) 216,731 232,361 232,361 213,447 211,890 211,890 44,277 274,266 260,230 (14,036) 474,455 718,517 704,481 (14,036) 580,471 592,476 592,476 239,025 279,699 271,699 (8,000) 379,745 298,448 281,998 (16,450) 1,199,241 1,170,623 1,146,173 (24,450) 2,563,047 2,560,712 2,520,551 (40,161) 174,323 181,660 192,021 10,361 393,818 352,828 353,828 1,000 334,493 517,189 340,306 (176,883) 902,634 1,051,677 886,155 (165,522) 392,557 439,475 440,629 1,154 1,687,867 2,113,194 2,102,294 (10,900) 12 3, 379 118,541 118,541 2,203,803 2,671,210 2,661,464 (9,746) Page 5 General Fund #10 Amendment No. 1 en mars Dept./Div. Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Public Works: 411 Administration 412 Engineering 413 Roads and Streets 414 Facilities Maintenance 415 Parks Total Public Works Recreation and Culture: 513 Special Events 514 Administration 515 Adult Programs 516 Aquatics 517 Childcare 518 Fitness 519 Front Desk 520 Maintenance 521 Youth Programs 522 Cabin Total Recreation and Culture TOTAL OPERATING EXPENDITURES 112,699 409,429 1,555,039 407,987 778,781 102,986 423,641 1,710,694 555,079 999,545 102,986 424,889 1,756,950 564,275 964,677 1,248 46,256 9,196 (34, 868) 3,263,935 3,791,945 3,813,777 21,832 312,406 362,665 31,551 450,518 31,573 118,875 223,429 771,160 138,007 43,726 303,618 382,614 55,025 487,132 56,878 137,255 279,032 843,577 168,170 59,456 307,726 383,214 52,714 486,132 51,375 137,255 271,489 834,842 170,465 54,135 4,108 600 (2,311) (1,000) (5,503) (7,543) (8,735) 2,295 (5,321) 2,483,910 2,772,757 2,749,347 (23,410) $ 11,417,329 $ 12,848,301 $ 12,631,294 $ (217,007) Page 6 Transit Enterprise Fund #52 Amendment No. 2 mm REVENUES Intergovernmental Charges for Services Other Revenues Total Operating Revenues Other Sources Sale of Fixed Assets Transfers In from General Fund Transfers In from General Fund Total Other Sources TOTAL REVENUES EXPENDITURES Transportation Administration Operations Marketing - Operating - Capital TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 684,349 1,095,078 61,551 $ 277,857 $ 615,603 28,056 304,074 579,981 59,000 $ 26,217 (35,622) 30,944 1,840,978 921,516 943,055 21,539 - 6,000 8,861 1,207,000 1,575,000 1,704,000 108,000 70,000 76,000 2,861 129,000 6,000 1,315,000 1,651,000 1,788,861 137,861 3,155,978 2,572,516 2,731,916 159,400 205,267 2,837,307 14,226 215,410 2,331,496 25,502 204,416 2,506,733 20,471 (10, 994) 175,237 (5,031) 3,056,800 2,572,408 2,731,620 159,212 99,178 294,503 108 204,335 296 393,681 188 189,346 $ 393,681 $ 204,443 $ 393,977 $ 189,534 Page 1 Transit Enterprise Fund #52 Amendment No. 2 Description Original or Prey. Amended Actual Budget 2007 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Intergovernmental: Federal Grants: FTA Grant Total Intergovernmental Charges for Services: Transportation: Beaver Creek Bus System Charter Total Charges for Services Other Revenues: Employee Housing Rentals Miscellaneous Nonclassified Revenues Total Other Revenues Other Sources: Sale of Fixed Assets Transfers In from General Fund - Operating Transfers In from General Fund - Capital Total Other Sources 684,349 277,857 304,074 26,217 684,349 277,857 304,074 26,217 1,048,333 602,003 559,981 (42,022) 46,745 13,600 20,000 6,400 1,095,078 615,603 579,981 (35,622) 27,739 28,056 40,000 11,944 33,812 - 19,000 19,000 61,551 28,056 59,000 30,944 6,000 8,861 2,861 1,207,000 1,575,000 1,704,000 129,000 108,000 70,000 76,000 6,000 1,315,000 1,651,000 1,788,861 137,861 TOTAL REVENUES $ 2,060,900 $ 2,572,516 $ 2,731,916 $ 159,400 Page 2 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Administration #431 Account Number Original or Proposed Prey. Amended Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Personnel: 61101 Regular Full-time Salaries 61121 PTS Wages 61151 Overtime Wages 61201 Automobile Allowance 61301 FT Pension 61302 PTS Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61506 Short-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Commodities: 62899 Other Miscellaneous Operating Supplies 62901 Duplicating Supplies 62904 Software 62905 Books and Periodicals 62999 Office Supplies and Materials 62000 Total Commodities Contract Services: 63101 Legal Services 63199 Other Professional Services 63304 Computer Services and Support 63504 R&M - Office Equipment and Computers 63603 Rentals - Office Equipment 63999 Other Contract Services 63000 Total Contract Services $ 76,959 $ 82,500 $ 82,500 $ 3,222 - 359 1,000 1,000 1,375 1,500 8,872 9,075 9,075 125 - - 600 400 400 24 28 28 501 882 882 15,053 14,335 14,335 524 574 574 241 331 331 750 1,050 1,050 924 733 733 251 250 250 1,500 109,780 111,158 112,658 1,500 92 400 400 367 500 500 424 5,000 5,000 226 500 500 658 1,000 1,000 1,767 7,400 7,400 7,270 - - 1,500 1,500 165 - 465 900 900 2,326 2,327 2,327 4,096 6,000 6,000 14,322 10,727 10,727 Page 3 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Administration #431 Account Number Original or Proposed Prey. Amended Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Other Operating Costs: 64101 Travel, Training and Conference 64102 Dues, Licenses and Memberships 64103 Mileage Reimbursement 64201 Telephone 64202 Gas 64203 Electric 64204 Water and Sanitation 64301 Postage and Delivery Costs 64306 Permit and Licensing Fees 64307 Bank Svc Chags / Credit Card Fees 64402 Equipment Replacement Charges 64904 Operating Fees, Assessments and Charges 64905 Insurance Premiums 64000 Total Other Operating Costs Capital Outlay: 66402 Computers and Peripherals 66404 Furnitures and Fixtures 66000 Total Capital Outlay 4,188 5,100 5,100 120 250 250 250 250 781 1,250 1,250 2,741 2,500 2,500 - 9,916 9,000 11,520 2,520 622 600 600 - 159 250 250 250 250 - 566 - 275 275 2,400 - - - 578 400 400 57,327 66,275 50,986 (15,289) 79,398 86,125 73,631 (12,494) 60000 Total Expenditures $ 205,267 $ 215,410 $ 204,416 $ (10,994) Page 4 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Operations #432 Account Number Proposed Original Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Personnel: 61101 Regular Full-time Salaries 61121 PTS Wages 61122 PTS Bonuses 61151 Overtime Wages 61202 Ski Pass 61301 FT Pension 61302 PTS Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505, Long-term Disability Insurance 61506 Short-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Commodities: 62401 Gasoline 62402 Diesel 62801 Gifts and Awards 62802 Food and Beverages 62805 Clothing and Uniforms 62809 Medical Supplies and 1st Aid 62999 Office Supplies and Materials 62000 Total Commodities 478,119 $ 432,429 $ 432,429 $ 308,565 219,165 219,165 30,703 14,875 14,875 83,495 40,731 61,132 20,401 4,974 10,500 10,500 52,003 47,567 47,567 14,154 10,304 10,304 3,919 4,550 4,550 274 240 240 13,350 10,548 10,548 123,863 121,752 121,752 4,669 4,367 4,367 1,738 1,736 1,736 8,385 8,999 8,999 41,774 28,412 28,412 2,669 2,153 2,153 1,172,654 958,328 978,729 20,401 92,953 57,000 17,000 215,537 210,600 402,000 1,459 1,500 1,500 2,161 1,800 1,800 6,376 5,600 5,600 638 1,000 1,000 78 500 500 (40, 000) 191,400 319,202 278,000 429,400 151,400 Contract Services: 63301 Medical Services and Examinations 3,620 5,250 5,250 63303 Photographic Services - 200 200 63506 R&M - Radios and Communications Equipment 15,275 10,700 10,700 63601 Rentals -Building and Office Space 69,959 56,112 56,112 63000 Total Contract Services Other Operating Costs: 64102 Dues, Licenses and Memberships 64203 Electric 64206 Cellular & Paging 64301 Postage and Delivery 64401 Fleet Maintenance Charges 64402 Equipment Replacement Charges 64403 Washbay Charges 64902 Financial Support, Donations, and Contributions 64906 Insurance Deductibles 64000 Total Other Operating Costs 88,854 72,262 72,262 2,797 2,000 2,000 315 613 800 800 32 50 50 251,422 258,951 258,951 85,020 85,020 13,290 15,983 15,983 - 101,496 312,781 277,446 (35,335) 5,000 - 6,000 6,000 374,965 675,585 646,250 (29,335) Page 5 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Operations #432 Account Number Proposed Original Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Capital Outlay: 66402 Computers and Peripherals 66403 Audio / Visual Equipment 66503 Buses and Transportation Related Vehicles 66000 Total Capital Outlay 1,525 347,321 32,771 347,321 32,771 1,525 347,321 380,092 32,771 60000 Total Expenditures $ 1,957,200 $ 2,331,496 $ 2,506,733 $ 175,237 Page 6 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Marketing #433 Account Number Proposed Original Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Personnel: 61101 Regular Full-time Salaries 61151 Overtime 61301 FT Pension 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61506 Short-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Commodities: 62899 Other Miscellaneous Operating Supplies 62904 Software 62905 Books and Periodicals 62999 Office Supplies and Materials 62000 Total Commodities Contract Services: 63203 Printing and Reproduction Services 63304 Computer Service and Support 63000 Total Contract Services Other Operating Costs: 64201 Telephone 64206 Cellular & Paging 64301 Postage and Delivery Costs 64901 Advertising and Legal Notices 64000 Total Other Operating Costs 60000 Total Expenditures 6,299 $ 5,340 $ (959) 1,000 170 (830) 693 587 (106) 4 4 106 80 (26) 2,024 546 (1,478) 25 48 23 65 15 (50) 150 60 (90) 14 10 (4) 22 11 (11) 10,402 6,871 (3,531) 2,736 500 500 500 500 300 300 500 500 2,736 1,800 1,800 8,893 9,000 9,000 300 300 8,893 9,300 9,300 378 600 600 200 200 19 200 200 2,200 3,000 1,500 (1,500) 2,597 4,000 2,500 (1,500) $ 14,226 $ 25,502 $ 20,471 $ (5,031) Page 7 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: July 17, 2008 Re: Resolution 08-30, Capital Projects Fund Budget Amendment Summary: Resolution 08-30 proposes to amend the Town's Capital Projects Fund budget for a number of different projects and estimated revenues as discussed in further detail below. The net changes in the Capital Projects Fund reduces total expenditures from $7,488,842 to $7,045,334, a reduction of $403,508, and reduces estimated revenues from $10,272,204 to $4,914,448, a reduction of $5,357,756. These reductions, along with an increase in the beginning fund balance of $1,401,520 result in a net reduction in the estimated ending fund balance of $3,552,728. Discussion: A discussion of the purpose of the various changes to the budget follows: Real Estate Transfer Taxes. Real estate transfer tax (RETT) has been reduced from $8,548,204 to $4,030,067 for 2008. This reduction comes from three areas of RETT revenues: (1) normal recurring RETT revenues has been reduced from $2.5 million to $1.5 million; (2) estimated REIT from the Gates project originally estimated at $1 million has been deferred to 2009; and (3) estimated RETT from the Riverside PUD has been reduced from $5,048,204 to $2,530,067 due to the deferral of the construction of the Riverfront Lodge and the completion date of Timeshare West. Also, the sale of 45 of the condo hotel rooms has been deferred to 2009. These reductions are based on a revised model and buildout schedule from Stan Bernstein and Associates and confirmed by Andy Gunion with East West Partners. Forest Service Land Acquisition. This project has been added to the Capital Fund budget after approval by the Council of an additional $25,000. The total project amount authorized is $50,000, however $9,209 was expended in 2007 from the General Fund so the amount reflected in this budget amendment is $40,791. Page 1 Carryover of unexpended project funds from 2007. The 2008 budget is being revised to reflect the carryover of unexpended appropriation from the previous year including the following projects: Transit Center Facility ($44,364), Recreation Center Temporary Storage ($60,000), Eaglebend Drive ($2,628), Lighting Study and Conversion ($105,501), Town Center West Investment Plan ($10,963), Railroad Crossings to Confluence ($205,286), Wildridge Loop Pedestrian Improvements ($7,109), Eagle River Enhancements Project ($20,000), and East Avon Redevelopment Master Plan ($14,062). These rollovers increase the current 2008 budgeted expenditures by a total of $469,913. It should be noted that none of these projects have exceeded their total project budget. Delay or reduction of previously approved projects. The 2008 budget is also being revised to reflect either reductions of current project expenditures, or delays in project start dates as follows: Wildridge Trails program deferred to 2009 ($30,000), RICD Water Rights Acquisition reduced ($85,000), W. Beaver Creek Blvd. Drainage project deferred to 2009 ($300,000), Drainage Master Plan deferred to 2009 ($250,000). The total of these deferral and reductions is $665,000. Development Analysis and Review. Development project analysis and review for the most part are covered by reimbursement agreements. A total of $47,788 in appropriations and $47,750 in developer reimbursements have been added to this revised budget. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 08-30 B — Capital Projects Fund, Pages 1-6 • Page 2 RESOLUTION NO. 08-30 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2008 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING . ON THE FIRST DAY OF JANUARY, 2008, AND ENDING ON THE LAST DAY OF DECEMBER, 2008. WHEREAS, the Town Council of the Town of Avon has adopted the 2008 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is amended as follows for 2008: Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 5,292,355 $ 6,693,875 10,272,204 4,914,448 7,448,842 7,045,334 Ending Fund Balance $ 8,115,717 $ 4,562,989 1 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 22nd day of July, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 2 Capital Projects Fund #41 Amendment No. 2 REVENUES Taxes Intergovernmental Investment Earnings Other Revenue Total Operating Revenues Other Sources: Transfer In from Other Funds TOTAL REVENUES EXPENDITURES Capital Improvements: Facilities Land and Land Improvements Roads and Streets Utilities Recreation Stormwater and Drainage Strategic Planning Other Developer Rebates Total Capital Improvements Other Uses Operating Transfer -Out - General Fund Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCE, Beginning of Year FUND BALANCE, End of Year Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 2,540,943 2,526,778 469,792 1,363,265 $ 8,548,204 $ 235,000 250,000 9,000 4,030,067 205,311 250,000 49,070 $ (4,518,137) (29,689) 40,070 6,900,778 9,042,204 4,534,448 (4,507,756) 48,168 1,230, 000 380,000 (850,000) 6,948,946 10,272,204 4,914,448 (5,357,756) 3,566,527 1,563,610 1,667,974 - 50,000 90,791 3,737,295 2,127,900 2,432,387 - 90,000 90,000 173,046 95,000 30,000 48,168 1,230, 000 380,000 248,870 550,000 611,850 12,684 25,000 25,000 - 1,467,771 1,467,771 104,364 40,791 304,487 (65,000) (850,000) 61,850 7,786,590 7,199,281 6,795,773 (403,508) 200,000 249,561 249,561 200,000 249,561 249,561 7,986,590 7,448,842 7,045,334 (403,508) (1,037,644) 2,823,362 (2,130,886) (4,954,248) 7,731,519 5,292,355 6,693,875 1,401,520 $ 6,693,875 $ 8,115,717 $ 4,562,989 $ (3,552,728) Page 1 Capital Projects Fund #41 Amendment No. 2 Account Number Description Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Taxes: 51401 Real Estate Transfer Tax 51000 Total Taxes Intergovernmental: Federal Grants: 53199 CDOT Enhancement Funds Grant 53199 FTA/CDOT Transportation Center Grant Local Government/Other Agency: 53401 Village at (Avon) 53401 Nottingham-Puder Ditch Cost Sharing 53401 Eaglebend Housing Authority 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 57000 Total Investment Earnings Other Revenues: 58104 Fireplace Fees 58108 Finance Charges 58211 Developer Reimbursements: 58999 Sheriton Mountain Vista Rebate 58999 Miscellaneous Nonclassified 58000 Total Other Revenues Other Sources: 59201 Transfer In from Other Funds 59000 Total Other Sources $ 2,540,943 $ 8,548,204 $ 4,030,067 $ (4,518,137) 2,540,943 8,548,204 4,030,067 (4,518,137) 171,290 2,130,488 200,000 25,000 200,000 10,000 25,000 200,000 5,311 (4,689) (25, 000) 2,526,778 235,000 205,311 (29,689) 469,792 250,000 250,000 469,792 250,000 250,000 1,500 29 83,789 1,276,187 1,760 9,000 1,500 47,570 (7,500) 47,570 1,363,265 9,000 49,070 40,070 48,168 1,230, 000 380,000 (850,000) 48,168 1,230,000 380,000 (850,000) 50000 TOTAL REVENUES $ 6,948,946 $ 10,272,204 $ 4,914,448 $ (5,357,756) Page 2 Tr N • O u- z ✓ CD 0.O L I: 'EL Q CO O Project Expenditures t N t 0 N 0 Total Project Budget 0 a a) a) co U O •> n a) O d a) co N N U Project -to -Date a) O) a m a co N N U a) 0 D N O O d N U CO 0 O N CO CO O U O < N O Q U a) O E Z CAPITAL IMPROVEMENT PROJECTS 69. O N O N O O O CO CO O O O L6 • V M O (O L) L() CO N CO M M O N -N O CO N 0 0 O CO CO 6) O O L6 C.6 N- V CO -O (O LO LC) co N M M M CS) Ote CO NI - LO ▪ M N O O Cfl 0 CO O 0 LN CO 0)) 0 00 O N CO CO M O O O CO CD 0 O - CD LO M CO co ' O ' O 0 (0 o 0 M OO (() co CO co CO CO � N N CO O) ✓ - V W LO O 69. N LO CO CO • co 69. Municipal Building Expansion ( Modular Addition) a) C 0 (n p m N 0 LL E CD o. N N CO C O H O co Ln d _T O Q N J E N Q O) 2N Lia"),_ N C l— _ �= • C C LL C a) o> u) g U 11 > Y (• 6 O 0 O U N co O) co N Q C 0 N i d FL C' Recreation Center Phase II Design CO0 L0O CD O O 0 0 0 0 0 O 0 - CO CO V L() U Land and Land Improvements: N O O 0 0 N- 0 0 in 0 N- O 0 0 (() V Wildridge Parks Program CO0 O 0 O N N Roads and Streets: m U O 0 0 O O O CO- L6 LO N O M N CO CO 0 coo N.- 0 N M N LO CO O CO • LO 0 N O O O O (t) 0 0 0 0 0 CO 0 0 0 0 LO O O LO O N O O a0 LO N O V N CO M CO O M M 0 0 0 0 0 CO 0 0 0 0 L() 0 O LO O N O O (O (n CON -O V N CO M CO 0 CO M r CS) o 0 CO v LO 0 0 N M 0 0 0 0 O O CO- O CO 0 N N CO CO CO CO N CO 0 CO 0 CO OM) 0 N M N 00 0 0 O O N- N V N_ 0 0 co Eaglebend Dr. Lighting Study and Conversion 1-70 Noise Reduction Project Street Improvements: N- 0 N O 0 O O M CD 0 CO O N M Co LO O O ) ▪ CON (( CO L() N p ' CO LO N_ N N CS) M Investment Plan Implementation E. Beaver Creek Blvd. Improvements Railroad Crossings to Confluence W. Benchmark Rd. Realignment Design W. Beaver Creek Blvd. At -grade RR Crossing O - O 0 O O O O O O O O O O O M M M M M CO M M J N M O Z CA 0 w 'O 73 a. W co E Q O Project Expenditures t (.1 t 8 a) 0 Total Project Budget N 4) O > E o 0_ O a) a) O Project -to -Date a) O) m m Cu a) U a) O C a) U Cn a) a) X W 00 CD O N ti; co M N O O O m N r C co O O N 3 O •- =0. U Oa N O CL U co a) 0 C N O Q U 3 Q Z CAPITAL IMPROVEMENT PROJECTS O CO O O O 00 O) 00 (0 (0 co O CD CD O O LO - LO O N CO O CD O CD O CD LO O LO I- N CO I� O CO O O O co I- N M O O O M O O O O C` co CD CD CD CD CD CD CD CD O) CD CD CD O LO O ca - LO LO W CO CD CD CD CD CD CD CD CD O) CD CD CD LO O O LO N CO Cr) LCY C O CD LO O CD O) O) O N LO N CCD- L6 O LO O) CD CD CD CD CD CD O CD N CO O O O d7 CD O CD O O) O O CD O O) CD CD O O O 0 0 0 0 0 O) 0 0 0 O O N CCOO CO CO OO) M CO O) O) C O CO N N CO l" --- N Co N V LLO N Roundabout #4 Conversion N O O LO M Annual Street Improvements: 2007 Paving/Road Improvements 2008 Paving/Road Improvements I•--- Co O O O CD CO CO CO Cn C a) E a) O Q 5, C N o N a) a) 0_ Cu O Co J Q Cu a) O � 2 Cn C a) E O C2 E co co Ci) a) a) C.) U Q Q O C C C4 u) a) c` E W O Q .12 N Wildridge Trails Program CO 1- N CO O O CD CD O CO CO CO CO CO CO CO CO 0) Waste Heat Recovery System Study w/ ERWSD CD O Recreation: V O O O O O 0 0 O O O N-- CO N CO (Ni I- V CO CO CO„ CO O O V. CD CD CD O CD- C I� �- M I� V LO N N LO `Cr O) LO O) CO 1- LO (O M CD CD CD CD CD O O N CD CD CD LO O) CD CD CD O N M CD CD CD CD O O LO N OO CD CO CO, N CO N N CO CO CD O) LO I� CD O 000 CD CD CD O O ca - CD CO CO O LO CO 00 CO LN C` L1') I- CO LO O) 00) 1- LO - W cci CD (0 LUC) a) a) O C 0_ O to C C a) n E X O W O co Cu N t O W Q C C O O C a) a) V V 0_ 0_ > a) a) Ts) rn W W N CD N V W N N CO CO CD CD CD CD CD CD LO LO O) Stormwater and Drainage: Nottingham-Puder Ditch Restoration M co W. Beaver Creek Blvd. Drainage / 1-70 to Railroad Metcalf Road Drainage `Cr LOCD CD CD M CD CD CD M (0 M a) O) Cu 0_ P 13 N C O LJ Z N. 'O L a ^C W co E a co V Project Expenditures + .5 t 5 U a) C @ N N a) _ = a) O — Total Project Budget N U 0 O O CD CD O O O O U) U. V N O 0 0 0 0 0 0 c o 0 2 `5 V N O rn o ca a) a) 0 '- It O .Ca O• 0 Q W O Wx a -o - a) N O •> f2 O N a a 0 CO 0 O N 4) O m 0 0 0 N N C) N 1.6 O O N M O) r O CO COO O � CO f- O N N O co co co OCD O CO N CD O 0 O 0 O m N • O O O Q N Ca og 0 O 0. C0 O L o Q Z CAPITAL IMPROVEMENT PROJECTS 0 0 CD 0 0 0 0 LO CO N Water Rights Acquisition Drainage Master Plan O0 0 f- o O 0) CO Strategic Planning: Development Analysis and Review: 0 CO CO _ 0 0 ) 0 O O a- LO 0 0 N- CO CO- 6 N CO 0) 0) CO 0) LO N- CO N O N Csi N M N O O Confluence / Westin Riverfront Resort The Gates at Beaver Creek Sheraton Mountain Vista Cottonwood PUD Folsom PUD Orion Development Vail Resorts Annexation O LO O CO O O 0 O O O O O O O • f� f- f- N N O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 O O O O M O O CO 0) CO CO CO O CO N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 eo 0 o m o 0 CO Cr) L LC) CO O N 0 0 0 CO CO 0 0 O O O CO CO O O O O O N O O O •O O O O M O O CO O) r O N Planning and Consulting: O CO NO O O O LU COO 0 0 0 0 O O LU L 2008 General Planning and Consulting CD CD 0 0 O O O COO N 0 0 0 0 O o O N i CO CO ' LO CO `d' N COCD cO O) CO 0 O O L C6 C East Avon Redevelopment (Master Plan) Nottingham Park Master Plan Housing Needs Assessment Public Works Master Plan Comprehensive Transportation Plan Unified Land Use Code Revision CO 0 0 O O O 0 O CD 0 0) 0) 0) 0) 0) C a) 0 O O LO N O O O L N CO CO CO CO CO 2007 Historic Preservation it N O Z 'O E a.L ^o E O. c U Project Expenditures a) N a) O Total Project Budget 73 a) N 5 C N U a) N a3 N U C Project -to -Date N O) 73 Ca a) N a3 N a) a) 0 D a) V) O O d a) U N a) a) Q W co O O N N ap O) O -O a m C O CAPITAL IMPROVEMENT PROJECTS O O N 2008 Historic Preservation Developer Rebates and Capital Contributions O O O Ch O O O O O CO N - N CO O O - O O O 'C O CO N Cn (O 0 (fl a Sheraton Mountain Vista Capital Contributions: O N O f� CO W a O) CO CD (O Westin Riverfront Resort Westin Riverfront Resort - Interest CO - N (\I O O O O () N N N O) O) O O $ 28,026,222 Total Capital Improvement Projects Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town EngineerV Date: July 16, 2008 Re: Resolution No. 08-31, Approving The Final Plat and Condominium Map, The Riverfront Resort and Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado (126 Riverfront Lane) Summary: The applicant, Riverfront Village Hotel, LLC, owner of a condominium structure at 126 Riverfront Lane, has submitted a Final Plat and Condominium Map to resubdivide Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado. This Condominium Map resubdivides the existing Lot 2 of the Riverfront Subdivision into 227 distinct hotel units, commercial units, and residential condominium units, plus the general common elements and limited common elements. The declarations have been referred to John Dunn and Community Development and comments have been satisfactorily addressed. The Final Plat and Condominium Map is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 08-31 is attached as Exhibit A, and a copy of the Condominium Map is attached as Exhibit B. Previous Council Action: • March 20, 2006 Town Council adopted Resolution No. 06-03, approving the Riverfront PUD • May 23,2006 Town Council adopted Resolution No. 06-25 approving the Riverfront Final Plat and SIA Discussion: This Final Plat and Condominium Map creates 209 residential condominium units, 13 commercial condominium units and 5 hotel units. The hotel units are for the areas such as the lobby, banquet facilities and club and recreation facilities. Since, the Engineering Department does not have the staff resources to review such a large document, during the summer construction season, the Final Plat and Condominium Map was referred to Marcin Engineering for technical review. The applicant will reimburse the Town of Avon for costs incurred from third party technical review. This Condominium Map is also a Final Plat because several easements dedicated on the Riverfront Subdivision Final Plat are being vacated and rededicated based on as -built conditions. Most significantly, the Public, Pedestrian Access and Plaza Area Easement that connects the gondola plaza to the riverfront park is being relocated based on site plan changes. The changes to the easement were necessary to avoid some existing wetlands along the Eagle River. The Planning and Zoning Commission approved these changes during the design review process. Recommendation: Based on provisions of Chapter 16.24.30 and other applicable sections of Title 16, Avon Municipal Code, staff recommends approval of Resolution No. 08-31, Series of 2008, A Resolution Approving the Final Plat and Condominium Map, The Riverfront Resort and Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Proposed Motion: I move to approve Resolution No. 08-26, Series of 2008, A Resolution Approving the Resolution No. 08-31, Series of 2008, A Resolution Approving the Final Plat and Condominium Map, The Riverfront Resort and Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Attachmen Exhibit A Resolution 08-31, Series of 2008 Exhibit B Resolution No. 08-31, Series of 2008, A Resolution Approving the Final Plat and Condominium Map, The Riverfront Resort and Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado • Page 2 EXHIBIT A TOWN OF AVON RESOLUTION NO. 08 - 31 Series of 2008 A RESOLUTION APPROVING THE FINAL PLAT AND CONDOMINIUM MAP, RIVERFRONT RESORT & SPA, LOT 2, RIVERFRONT SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Riverfront Village Hotel, LLC submitted a Final Plat and Condominium Map for Riverfront Resort & Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado, located at 126 Riverfront Lane; and WHEREAS, the Final Plat and Condominium Map has been reviewed by the Town Staff; and WHEREAS, the Final Plat and Condominium Map was found to be in conformance with all applicable sections of Title 16, Subdivision, of the Avon Municipal Code; and WHEREAS, the proposed resubdivision complies with the requirements for consideration as a Condominium Map. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat and Condominium Map for Riverfront Resort & Spa, Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to the completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty Bierle-McKenny Town Clerk GENERAL NOTES 1. Date of Survey. March through June 2008 2- Bosis of Bearing: NOG^6'37"E, 2603,41' between the Center 1/4 Corner of Section 12, Township 5 South, Range 82 West of the Sixth Principol Meridian (found 3-1/2' aluminum cap, LS #26626 in plastic monument well on m a 2 1/4" alum. pipe) ond the South 1/4 Corner of said Section 12 (found 3-1/2" BLM brass cap on o 2 1/2- steel pipe). 3. Basis of Devotion: CE control based on NGVD 29: -CP EASY' elevation =7441.06'. 4. Notice: According :Lc Colorado law you must commence any action based upon any defect in this prey within three years after you first discover s such defect. In n ent may any action based upon any defect in this survey be commenced more than ten years from the date of the certification hereon. S. See Land Title Guarantee Compony Commitment No. 500,2.171 9 far oil title informotion. 6. The Limits of the 100 year flood ploin shown hereon ore based on the Eagle County Eagle Ricer flood hazard area deliniation by the Matrix Design Group. Inc. issued August 22, 2003 7. Modification of Public Pedestrian Access and Piave Area Easement. The "Public Pedestrian Access and Plaza Area Easement" as depicted on the Final Plot, Riverfront Subdivision recorded at Reception No. 200615950 (the "Final Plot") and gronted pursuant to General Note 13 an the Final Plot (the "PPA Easement") is hereby omended and modified (i) to odd os a port of and incorporated into the PPA Easement eoch of those areas designated hereon a re "Additional PPA Easement Area", and Riverfront Village Hotel, LLC does hereby grant end convey to the Confluence Metropolitan District (the "District"). and hereby dedicates to the Town of Avon ond sets over to the public forever. each a perpetual, non—exclusive Eosement in and to such Additional PPA Easement Areas for all purposes and subject to all terms applicable to eoch such grantee os set forth in General Note 13 of the Final Plot; and (ii) to vacate those portions of the existing PPA Easement designated hereon as "Vacated PPA Easement Area", which Vacated PPA Easement Areas ore hereby fully releoted ond forever discharged from the PPA Easement and. solely with respect to 1he Vacated PPP Eosement Areas, the PPA Easement is terminoted and null and void. Except as expressly modified by this Note, the PPA Easement remains valid and binding and in full force and effect. By their signature hereon, the Town of Avon and the District agree to and confirm these modifications to the PPA Easement. B. Easements far Minor Encroachm000S into Public Pedestrian Access end Plaza Aren Eosement Perpetuol non—exclusive Easements ore hereby declored and created for the encroochment eaves of certain awnings, a and building siding and exterior finishes, in the locations depicted on this condominium mop, into the PPA Easement areas. A valid Easement for such encroachments and for the maintenance of someso long as they exist. shall and does exist. In the event thot ony such encroaching improvement is partially or totally destroyed, and then rebuilt, these s en croachments achmts dueto construction shall be permitted and a valid a ent for said encroachments and the maintenance thereof shall exist as long as the improvements shell stand. By their signatures hereon, the Town of Avon and the District agree to and confirm these encroachment Easements. 9. Easements for Minor Encroachments into the View Corridor. Pursuant to Generol Note t2.e of the Final Plot, "View Corridor Easement" wos created. subject to possible minor encroachments into the View Corridor Eosement as described in General Note 12.e and approved through the Town of Avon design review approval process. By its signature hereon. the Town of Avon acknowledges that those certain awnings, decks and coves encaching into the View Corridor Eosement in the locations depicted hereon hove been approved through the Town of Avon design review opproval process. A valid Easement for such a achments and for the maintenance of the some, o long as they exist, shall and does exist. In the event that ony such encroaching improvement is porbally Cr totally destroyed, and then rebuilt, these some minor m e ncroachents doe to construction sholl be permitted and a valid easement far said encroachments and the maintenance thereof shall exist as long as the improvements shall stand. to. Master Assoriatin Shored Easements. Certain areas an this condominium map are depicted as being subject, respectively, to the "Shored Access Easement", the "Shored Porking Easement", the "Hotel Porking Access improvements Easement', the "Club Recreational Facilities Easement" and the "Hotel Services Easement" As set forth in Section 5.1 of the Master Declaration for Riverfront Village recorded at Reception No. 2'10631239 (the `Master Declaration), the recording of this condominium mop effectively grants ond conveys eoch to the Master. Assaciat'wn and to the benefittetl Owners as defined and described in the Master Oeclarotian such Easement for the purposes described in and subject to all restrictions, obligations, reservations and provisions in the Moster Declaration. 11. oonversion of Office Units and RelOted Parking_ As described in Generol Note 5 of the Riverfront Subdivision PJO Oevelopment Plan doted March 20, 2006. and recorded under Reception No. 200615957 (the "Riverfront PUD"), and os further described and gronted in the Condominium Declaration for Riverfront Resort & Spo recorded ccntemporaneously with this condominium mop (the "Oeclaration"), ony Owner of on Office Unit (as defined in the Declaration, currently comprised of Unit C-112 as depicted an this condominium map) is authorized and empowered to r unilaterolly convert on Office Unit into Residential Unit(s) (as also defined in the Oeclarotian) in occordonce with the Oeclaration. Further, in connection with ony such c into Residentiol Unit(s), and a expressly authorized by General Note 5 of the Riverfront PUD, required parking conversion be recalculated after taking into occount such conversione ond any excess parking spaces may be individually conveyed to third parties. Pursuant to this authority.those porkingspaces depicted hereon as "Porking LCE C-108" (the Conversion Porking Spoces) ore hereby identified as the parking spaces to be used (a) to satisfy the parking requirement for any Residential Unit created from the conversion of on Office Unit, and (b) to create individual rights or deeded interests, whether in fee or by easement. in ond to any excess parking spaces which may then he conveyed to lhird parties. The owner of Unit C-108, os owner of the Unit to which the Conversion Parking Spoces ore appurtenant. is expressly authorized and empowered unilateraliy (x) to ssign, reossign or otherwise allocate ony of the Conversion Parking Spaces to a Residential Unit created from conversion. or to otherwise subject such Conversion Parking Spaces to the terms of the "Shored Perking Easement"as defined in the Master Declaration, so s to satisfy the parking requirements for the Residential Unit(s) so created. and (y) to cre to by Bose nt, contlominium subtlivision orotherwise, individual rights ond interests ic representing any of the Conversion Parking Spoces excess parking spaces and to convey such excessn parking spaces to third parties upon terms to be decided upon by the a of Unit C-108 in its sole andobsolete discretion. Any such conversion of on Office Unit and/or Conversion Parking Spaces may occur in phases or one single conversion. Until o Conversion Porking Spoce is allocated either to o Residentiol Unit use or to individual use as described in this Note. the Conversion Parking Spaces moy be used, assigned, reallocated, licensed or otherwise managed by the owner of Unit C-108 in accordance with the Declaration and applicable low. i2. Except far the Additional PPA Easement area dedicated pursuant to General Note 7, there are no public dedications on this condominium mop. This property may be subject to the fallowing a ceptions, taken from Land Title Guarantee Company Commitment Na. 5002171 9. Not all exceptions ore listed here. 13. Terms, conditions and provisions of permonent water and sewer eosements recorded April 4. 1991 in Book 551 at Page N. 14. Terms. conditions and provisions of Ordinance approving Annexation and Annexation Agreement recorded November 23, 1998 at Reception Nos. 677378 and 677379. 15. Terms, conditions and provisions of Gondola Eosement Agreement recorded May 2. 2006 at Reception No. 200611196 and Amendment recorded October 29, 2007 at Reception Ne. 200728622. 16. Easements. conditions. covenants, restrictions. reservations and notes on the plot of Riverfrant Subdivision recorded June 15, 2006 0l Reception No. 200615950. 17. Terms, conditions and provisions of Amended PUO Agreement recorded June 1S, 2006 0l Reception No. 200615957 and Assignment recorded June 15. 2006 at Reception N. 200615958 and Exhibit A recorded June IS, 2006 at Reception N. 200615956. tB. Terms, conditions and provisions of Mosier Declaration for Riverfront Village recorded November 14, 2006 at Reception No. 200631239. t9. Terms, conditions old provisions of restrictive covenants establishing Design Review Board for Riverfront Village recorded November 14. 2006 at Reception NO. 200631240. 20. Terms, conditions and provisions of Memorandum of Marketing Agreement recorded November 14, 2006 at Reception Na. 200631246. 21. Terms, conditions and provisions of Agreement for Operating Covenant recorded November 14, 2006 at Reception No. 200631247. 22. Terms, conditions and p''avisians of Exclusivity Covenant Agreement recorded November t4, 2006 at n Recepti No. 200631248, 22. Terms, conditions and provisions of Porking Facilities Easement and Building Elements Easement Agreement recorded November 14. 2006 at Reception No, 200631250. 23. Terms. conditins and provisions of Landscape Easement Agreement recorded August 28. 2007 at Reception No. 200722871. FINAL PLAT AND CONDOMINIUM MAP RIVERFRONT RESORT & SPA LOT 2, RIVERFRONT SUBDIVISION TOWN OF AVON EAGLE COUNTY, COLORADO TOWN CERTIFICATE CERTIFICATE OF TAXES PAID VICINITY MAP //`Y N SECTION 12, Township 5 South, Range 2' West This Pint is approved by the Town Council of the Town of Avon, County of Eagle, State of Colorado this day of AD 2008, for filing with the Clerk and Recorder of the County of Eagle. Approval of this plat by the Town is consent only and not to be construed os on approval of the technical correctness of this plot or any documentation relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON ATTEST: Town Clerk of Town Avon. Colorado SURVEYOR'S CERTIFICATE Mayor. Town Council Town of Avon, Colorado I, Robert 5. Lee, do hereby certify that I am a Professional Lond Surveyor licensed under the lows of the Stole of Colorado: thot this condominium mop is true. correct and complete and fully and u rately depicts the improvements. including the condominium units and common ownership oreos andidentifies lacotion, layout, dimension, and horizontal and vertical boundaries: su ch ch mop was prepared subsequent to substantiol completion of the improvements: and that such mop complies with, and cantoins oil of the informotion required by C.R.5. 38-33.3-209 and all other statutes and regulations applicable to mops of condominium common interest subdivision. In OYtness Whereof, I have set my hand and seal this day of c D 2008. Robert S. Lee PLS82304B I, the undersigned. do hereby certify that the entire omount of loxes and assessments due old payable as of upon oil parcels of real estate described on this Plot are paid in full. Doted this day of A D 2008. Treasurer of Eagle County CLERK AND RECORDER'S CERTIFICATE This Plat wos filed for record in the office of the Clerk and Recorder at o'clock _ RI, on Nis day of 2008. and is duly recorded at Reception Number By. Clerk ond Recorder Deputy DISTRICT CONSENT The Confluence Metropolitan Oistrict hereby consents to and opproves this Final Plot ond Condominium Mop. BY: ATTEST: TITLE. Secretory CERTIFICATION OF DEDICATION AND OWNERSHIP Know oil people by these presents that Riverfront Village Hotel, LLC, o Delaware limited liability company being sole owner in fee simple of al: thot real property described os follows: Lot 2, Riverfront Subdivision, Town of Avon, Eagle County, Colorado, os recorded at Reception No. 200615950 in the Office of the Eagle County Clerk and Recorder. containing 4.2673 acres more ar less. hos by these presents laid out, plotted and subdivided the some into Lotsand Blocks as shown hereon ond designate the some s Riverfront Resort & Spo, Lot 2, Riverfront Subdivision, Town of Avon, County of Eagle. State of Colorodo ond dedicate for public use the streets shown herein. Including avenues, drives. boulevards, hones, courts and alleys to the Town of Avon; and the utility and drainage easements shown hereon for utility and drainage purposes only, and do further state that this subdivision shall be subject to Protective Covenants. filed rid recorded for this Subdivision in the Office of the Clerk and Recorder of Eagle County, Colorado. as Document Number Executed this day of A D 2008. OWNER: RIVERFRONT VILLAGE HOTEL LLC a Oelawore limited liability company By East West Resort Development %IV, L.P., LLLP., o Oelaware limited partnership registered as a limited liability limited partnership. its Manager By. HF Holding Corp., eColorado corporation. its General Partner BY: TITLE: STATE OF SS COUNTY OF The foregoing Certificate of Dedication ond Ownership was acknowledged before me this doy of 2008. by as of HF Holding Corp., o Colorado corporation. Generol Partner of East West Resort Development %IV, LP., L.LLP, o Deloeore limited partnership registered as a limited liability limited partnership, Manager of Riverfront Village Hotel, LLC. a 0eloware limited liability company My Commission expires WITNESS my bond old official seal. Notary Public MORTGAGEE: JP MORGAN CHASE BANK, NA By. STATE OF COUNTY OF 55 The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of A0 2008, by os of JP Morgan Chose Bank, NA My Commission expires WITNESS my hand and officio: seal. Notory Public TITLE CERTIFICATE Land Title Guarantee Company does hereby certify that it hos examined the title to oil lands shown upon this Plot and thot title to such land is vested in Riverfront Villoge Hotel, LLC. a Deloware limited liobility company. free ond clear of oil liens, encumbronces, loxes and assessments except as follows: Oated this doy of A D. 2008. By SHEET INDEX SHEET CONTENTS SHEET 1 COVER SHEET 10 LAND USE SUMMARY SHEET 2 — 5.5A PLAT/SITE SHEETS SHEETS'6 — 29 MAP SHEETS SHED'S 30 — 43 CROSS SECTIONS ALPINE ENGINEERING INC EDWAR E0W0R05 SCOLOROOO 8P182800 0% 97 SHEET 1 • 970 926-3373 • FAR 926-3390 • JOB #16290.2A LAND USE SUMMARY LAND USE SUMMARY LAND USE SUMMARY FINAL PLAT AND CONDOMINIUM MAP UNIT TYPE LEVEL AREA (SO.FT.) ADDRESS UNIT TYPE LEVEL AREA (SO.FT.) ADDRESS UNIT TYPE LEVEL AREA (SO.FT.) ADDRESS RIVERFRONT RESORT 4& SPA ;�° n 4;6 THE ADDRESS OF 310 RE9DENTIp LEVEL 3 1287 THE ADDRESS 440 RESIDENTIAL EVE 4 413 EACH ADDRESS LOT 2, RIVERFRONT SUBDIVISION EACH UNIT IS 0126 RIVERFRONT LANE, 312 RESIDENTIAL 442 EACH UNIT IS 0126 RIVERFRONT LANE, 441 RESIDENTIAL LEVEL 4 413 ' FOLLOVED BY THE 142 RESIDENRAL LEVEL 1 420 FOLLOWED BY THE LEVEL 3 FOLLOWED BY THE UNIT NUMBER; EE. TOWN OF AVON 143 RESIDENTIAL LEVEL 1 423 UNIT 0126 RIB NUMBER: E.G. 314 RESIDENTIAL LEyEL 3 454 UNIT0126 RIYFRFR•ONT 2 RESIDENTIAL LEVEL 4 420 0126 RIVERFRONT LANE UNIT 146. 144 RESIDENTIAL LEVEL 1 446 LANE - �T 146. 315 RESIDENTIAL LEVEL 3 1219 `""E - TINT "6 443 RESIDENTIAL LEVEL 4 420 - EAGLE COUNTY, COLORADO 145 RESIDENTIAL LEVEL 1 448 316 RESIDENTIAL LEVEL 3 457 444 RESIDENTIAL LEVEL 4 447 146 RESIDER-0AL LEVEL 1 421 147 RESIDENTIAL LEVEL 1 412 317 RESIDENTIAL LEVEL 3. 1643 4-45 RESIDENTIAL LEVEL 4 446 148 RESIDENTIAL LEVEL 1 1183 31B RESIDENTIAL LEVEL 3 458 446 RESIDENTIAL LEVEL 4 414 149 RESIDENTIAL LEVEL 1 1184 320 RESIDENTIAL LE VEL3 451 447 RESIDENTIAL LEVEL 4 - 412 150 RESIDENTIAL LEVEL 1 1821 449 RESIDENTIAL LEVEL 4 1189 321 RESIDENTIAL 1222 151 RESIDENTIAL LEVEL I 1791 LEVEL 3 450 RESIDENTIAL LEVEL 4 3062 200 RESIDENTIAL LEVEL 2 1193 322 RESIDENTIAL LEVEL 3 439 451 RESIDENTIAL LEVEL 4 1792 201 RESIDENTIAL LEVEL 2 1199 - 323 RESIDENTIAL LEVEL 3 449 512 RESDENTAL LEVEL 5 418 202 RESIDENTIAL LEVEL 2 1180 203 RESIDENTIAL LEVEL 2 1188 325 RESIDENTIAL LEVEL 3 415 514 RESIDENTIAL LEVEL 5 417 LAND USE SUMMARY 204 RESIDENTIAL LEVEL 2 1164 326 RESIDENTIAL LEVEL 3 429 515 - RESIDENTIAL LEVEL 5 1188 205 RESIDENTIAL LEVEL 2 - 1185 327 RESIDENTIAL LEVEL 3 422 516 RDAL LEVEL 5 458 UNIT TYPE LEVEL AREA (SO.FT.) ADDRESS 206 RESIDENTIAL LEVEL 2 1589 328 RESIDENTIAL LEVEL 3 411 517 RESIDENTIAL 5 1637 H-1 HOTEL LEVEL 1 18326 THE ADDRESS OF 207 RESIDENTIAL LEVEL 2 738 LEVEL EACH UNIT IS 0126 329 RESIDENTIAL LEVEL 3 427 518 RESIDENTIAL -LEVEL 5 459 H-2 - HOTEL LEVEL P-1 8721 RIVERFRONT LANE. FOLLOWED BY THE 208 RESIDENTIAL LEVEL 2 1199 H-3 HOTEL LEVEL P-, 3410 UNIT NUMBER: EG. 209 RESIDENTIAL LEVEL 2 ,274 330 RESIDENTIAL LEVEL 3 421 520 RESIDENTIAL LEVEL 5 416 H-4 HOTEL LEVEL P-1 7273 0126 RIVEHFRONT 210 RESIDENTIAL LEVEL 2 1279 LANE - UNIT H -I 212 RESIDENTIAL LEVEL 2 447 331 RESIDENTIAL LE�L 3 452 521 RESIDENTIAL LEVEL 5 1190 H -S HOTEL LEVEL P-1 754 214 RESIDENTIAL LEVEL 2 456 333 RESIDENTIAL LEVEL 3 451 522 RESIDENTIAL LEVEL 5 418 C-100 COMMERCIAL LEVEL 1 1945 215 RESIDENTIAL LEVEL 2 1228 335 RESIDENT1AL LEVEL 3 430 524 RESIDENTIAL LEVEL 5 1202 C-101 COMMERCIAL LEVEL 1 2843 216 RESIDENTIAL LEVEL 2 457 337 RESIDENTIAL LEVEL 3 418 544 RESIDENTIAL LEVEL 5 440 - C-102 COMMERCIAL LEVEL 1 649 217 RESIDENTIAL LEVEL 2 407 338 RESIDENTIAL LEVEL 3 545 545 RESIDENTIAL 1292 C-103 COMMERCIAL LEVEL. 1 1259 339 3 452 LEVEL 5 C-104 COMMERCIAL LEVEL. 1 8372 218 RESIDENTIAL - LEVEL 2 458 RESIDENTIAL LEVEL 946 RESIDENTIAL LLVEL 5 1274 219 RESIDENTIAL LEVEL 2 409 340 RESIDENTIAL LEVEL 3 4,3 C-105 COMMERCIAL LEVEL 1 218 547 RESIDENTIAL 1271 P-1 8071 220 RESIDENTIAL LEVEL 2 451 341 RESIDENTIAL LEVEL 3 416 LEVEL 5 C-,06 COMMERCIAL LEVEL 221 RESIDENTIAL LEVEL 2 1229 342 RESIDENTIAL LEVEL 3 421 548 RESIDENTIAL LEVEL 5 1200 C-107 COMMERCIAL LEVEL P-1 5585 C-,08 COMMERCIAL LEVEL 5 100 222 RESIDENTIAL LEVEL 2 442 343 RESIDENTIAL - LEVEL 3 423 549 RESIDENTIAL LEVEL 5 1194 344 RESIDENTIAL LEVEL 3 444 550 RESIDENTIAL 1220 C-109 COMMERCIAL LEVEL P-, 881 223 RESIDENTIAL LEVEL 2 448 LEVEL 5 C-,10 COMMERCIAL LEVEL P-, 960 414 345 RESIDENl1AL LEVEL 3 449 551 RESIDENTIAL LEVEL 5 1210 22S RESIDENTIAL LEVEL 2 346 RESIDENTIAL LEVEL 3 414 C-111 COMMERCIAL LEVEL P-1 223 - 226 RESIDENTIAL LEVEL 2 434 347 RESIDENTIAL LEVEL 3 413 606 RESIDENTIAL LEVEL 6 1202 C-112 COMMERCIAL LEVEL 5 11207 612 LEVEL 6 419 227 RESIDENTIAL LEVEL 2 - 421 348 RESIDENTIAL LEVEL 3 1,91 RESIDENTIAL 614 LEVEL 6 417 228 RESIDENTIAL LEVEL 2 411 349 RESIDENTIAL LEVEL 3 1192 RESIDENTIAL 615 LEVEL 6 1190 229 RESIDENTIAL LEVEL 2 426 350 RESIDENTIAL LEVEL 3 1839 RESIDENTIAL 616 LEVEL 6 460 230 RESIDENTIAL LEVEL 2 421 351 RESIDENTIAL LEVEL 3 1811 IL RESDENTIA 617 LEVEL 6 1640 231 RESIDENTIAL LEVEL 2 451 400 RESIDENTIAL LEVEL 4 - 1,89 RESIDENTIAL 401 RESIDENTIAL 1195 618 LEVEL 6 460 233 RESIDENTIAL LEVEL 2 455 LEVEL 4 RESIDENTIAL 402 RESIDENTIAL LEVEL 4 1172 620 LEVEL 6 417 235 RESIDENTIAL LEVEL 2 428 RESIDENTIAL 403 RESIDENTIAL LEVEL 4 1184 821 LEVEL 6 1187 237 RESIDENTIAL LEVEL 2 419 404 RESIDENTIAL 4 1177 RESIDENTI AL LEVEL 622 RESIDENTIAL LEVEL 6 417 238 RESIDENTIAL LEVEL 2 553 405 RESIDENTIAL LEVEL 4 1182 624 RESIDENTIAL LEVEL 6 - --- 1197 239 RESIDENTIAL LEVEL 2 _ 451 406 RESIDENTIAL LEVEL 4 1588 706 LEVEL 7 - - - 1210 407 RESIDENTIAL LEVEL 4 725 RESIDENTIAL 240 RESIDENTIAL LEVEL 2 416 408 RESIDENTIAL LEVEL 4 1185 712 RESIDENTIAL LEVEL 7 418 241 RESIDENTIAL LEVEL 2 415 409 RESIDENTIAL LEVEL 4 1302 714 RESIDENTIAL LEVEL 7 418 242 RESIDENTIAL LEVEL 2 422 410 RESIDENTIAL LEVEL 4 1284 715 RESIDENTIAL LEVEL 7 1191 243 RESIDENTIAL LEVEL 2 420 412 RESIDENTIAL LEVEL 4 412 716 RESIDENTIAL LEVEL 7 462 244 - RESIDENTIAL LEVEL 2 445 414 RESIDENTIAL LEVEL 4 417 717 RESIDENTIAL LEVEL 7 1642 245 RESIDENTIAL LEVEL 2 445 415 RESIDENTIAL LEVEL 4 1185 718 RESIDENTIAL LEVEL 7 464 246 RESIDENTIAL LEVEL 2 414 416 RESIDENTIAL LEVEL 4 459 720 RESIDENTIAL LEVEL 7 416 247 RESIDENTIAL LEVEL 2 413 417 RESIDENTIAL LEVEL 4 1642 721 RESIDENTIAL LEVEL 7 1188 248 RESIDENTIAL LEVEL 2 ,165 418 RESIDENTIAL LEVEL 4 459 722 RESIDENTA LEVEL 7 417 249 RESIDENTIAL LEVEL 2 1193 420 RESIDENTIAL LEVEL 4 416 724 RESIDENTIAL LEVEL 7 1200 250 RESIDENTIAL LEVEL 2 1821 421 RESIDENTIAL LEVEL 4 1186 6106 RESIDENTIAL LEVEL 8 1200 251 RESIDENTIAL LEVEL 2 1816 422 RESIDENTIAL LEVEL 4 420 812 RESIDENTIAL LEVEL 8 419 300 RESIDENTIAL LEVEL 3 1192 423 RESIDENTIAL LEVEL 4 441 814 RESIDENTIAL LEVEL 8 416 301 RESIDENTIAL LEVEL 3 1190 425 RESIDENTIAL LEVEL 4 409 815 RESIDENTIAL LEVEL 8 1191 302 RESIDENTIAL LEVEL 3 1176 426 RESIDENTIAL LEVEL 4 426 816 RESIDENTIAL LEVEL 8 420 303 RESIDENTIAL LEVEL 3 1191 427 RESIDENTIAL LEVEL 4 416 817 RESIDENTIAL LEVEL 8 1646 304 RESIDENTIAL LEVEL 3 1190 428 RESIDENTIAL LEVEL 4 406 81B RESIDENTIAL LEVEL 8 420 429 RESIDENTIAL LEVEL 4 428 305 RESIDENTIAL LEVEL 3 1188 430 RESIDENTIAL LEVEL 4 411 820 RESIDENTIAL LEVEL 8 415 306 RESIDENTIAL 1588 LEVEL 3 431 RESIDENTIAL LEVEL 4 452 821 RESIDENTIAL LEVEL 8 1188 307 RESIDENTIAL LEVEL 3 739 433 RESIDENTIAL LEVEL 4 450 822 RESIDENTIAL LEVEL 8 417 308 RESIDENTIAL LEVEL 3 1194 435 RESIDENTIAL LEVEL 4 429 824 RESIDENTIAL LEVEL 8 1201 309 RESIDENTIAL LEVEL 3 1280 437 RESIDENTIAL LEVEL 4 417 906 RESIDENTIAL LEVEL 9 1078 • 438 RESIDENTIAL LEVEL 4 549 912 RESIDENTIAL LEVEL 9 423 439 RESIDENTIAL LEVEL 4 450 914 RESIDENTIAL LEVEL 9 42, 915 RESIDENTIAL LEVEL 9 1123 916 RESIDENTIAL LEVEL 9 424 917 RESIDENTIAL LEVEL 9 1649 TOTAL HOTEL UNITS — 5 918 RESIDENTIAL EE 9 425 TOTAL COMMERCIAL UNITS — 13 ALPINE 92o RESIDENTIAL LEVEL 9 421 921 'a 9 1121 TOTAL RESIDENTIAL UNITS - 2D9 RESIDENTIAL ._ SHEET TOTAL UNITS - 227 922 RESIDENTIAL LEVEL 9 422 1 A 924 RESIDENTIAL LEVEL 1078 ENGINEERING INC EDWARDS BUSINESS CENTER • P.O.B97 EDWARDS COLORADO 91632 au JOB • 970 926-3373 • FAX 926-3390 • #16290.2A 1C FINAL PLAT AND CONDOMINIUM MAP RIVERFRONT RESORT & SPA LOT 2, RIVERFRONT SUBDIVISION TOWN OF AVON EAGLE COUNTY, COLORADO 1 I N, LOT 4 RIVERFRONT SUBDIVISION RECEPTION NO 200615950 / /SEE PUBLIC PEDESTRIAN AND PIA ZA AREA EASEMENT VIEW CORRIDOR EASEMENT PARSING FACILITY EASEMENTS (ON LOT 8) 1ST 3 RIVERFRONT SUBDIVISION RECEPTION NO 200615950 NN N\ SHEET 5A FOR DETAIL OF \\ R=325.00' L-5 &5' SET 2' MAG NAIL W/ 1 1/2' WASHER STAMPED R.U. 23048 IN CONC. CORNER TO 534 PAN N38Yi27-W Pcskin Fealty - Easement Oand Building Elannts SEE SHEET 3 WEST VIEW R '20 631350 Tt NBe47\w SLOT 44/ 'Eoiitm 0.t R Drainage oN Easement #200815950 ,. Reception No. #200615950 594' R=520.00' ` EARING=14624;40"W s. CHOR0=151.96' "77 Water and Sewer Easement\ Book 551 page 009 (pottcmed area) w 111 �"�� ee3z 935p. N86'18'28'E 150.06 .— T_,..�. -^<—.: 10325 • --• LOT 3 SET 92.00' WITNESS CORNER .23048 Parking Facility Easement Rec.}200615950 18618'28"E NO3'41'32'W 26.03' 5.00' 11.13' W: 1'- LCE—N-4 t it.. #200tn59 6 see Sheet 5 , �. Gondola{1 r^ Rec./ Agreement 20 0 6111 9 6 & \\ -- 2(107213622 \ Sheet 3 _ — • Yt— l`4 s { IL ••'"" 00 YEAR FLOOD PLAIN SEE GENERAL d\ LCE—C-104 Sheet 5 TRACT A RIVERFRONT 50091 ASTON (OPEN SPACE) \ NEC #200615950 259' \ \ • \ s i MATCHUNEc.F SHiEET 3 �s ) Vacated PPA Eaasement Ares erol Note Na.Nt17 TRACT B ,RIVERFRONT SUBDIVISION 2 1\ (OPEN SPACE) 2 4' REC #200615950 / Y :.4i. /Jv CORNER TO RM L�64.59' 15212.05E Tan -32.40' 11.23• dw1123'12' (x1 -572'54'40'E Vbw Corn* Easement_ Res #20061 1200615950. (See Sheet BA) —45000' Ad.Wtlandl. PPA L-29.20" E t Sn Ton -1461' G01091 Not.V, BEARINBEARIN'09' G-54538'09'6 GC£ N. CHORD -2920' Wale and Saar E.asxn.nt Book 551 page 009 \ (pt a SHEET 4 SOUTH VIEW N N �, 555. SEE S 64A8' PI VERFRONT LANE ROAD/U Till TIES RECEPTION NO 200615950 4. _ —,- 00' 91512'22'E `.00' e LO.T 4.2673 A4 '::Additional PRA Moan Nb 45. Public Pede.bian Access and Plam Area Ea•.mnt Res /200615950. See Sheets 3 & 4 and General Note No. 7 Vacated PPA I Eo4.melt Area. 5.. 803• W 8.346 1' U RR Dralnag. d Path Ea..rnnt R.542D0615050 T 5 FOR LANDSCAPE EASEMENT AEI CONTRO1 'CP EASY EL- 441.06' _ -_s=:=tom____ __—_- ---- 'SE EET 3 NORTHEAST VIEW LIHHy Easement Res }200615950 512'22'E R-1387.00' L-334.13' 6.00' Tan -167.88' x13'48'09" CMN71'42'12'W O.I a Acceee fa.en'.it • .' S.. Sheet 3 and .6 'sal I . 1 FOUND IRON ROD W/ 1-1/2" ALUMINUM CAP w "LS33655" "POL. Hotel Poking Across (mormenents E t One 3h..t 3 and General Note IO SET 2" MAG NAIL 1387.00 W/ 1 1/2" WASHER L-401' 23°48 CONE WALK Utlky Easennt Res #200615950 12 -J..—Parking FodlRyy Easement and Building Oene Eaomnt Agr.ennt 8.#200631250 Parkng FOWty Easement Resj200615950 Parking Fociiy Easement and BailingeemneotS Easement Agreement 1 R.s/200631250 =: E �I Trl ml IAA SET F111O 30.00' WTNENCORNER 23048 N8611110't 750 SET 5 3200' to WITNESS 4` CORNER 3 23048 LOT I 4,5 RIVERFRONT SUBDlISION RECEPTION NO 20075950 Parking Facility Ea.emen and BUDdIngy B.mntS Eaeenert Agr.en 0t R.s1200631255 N1i937'54'E 5.98' 75 STREAM SETBACK LINE -523 MEASURED FROM &EU) LOCATEIi'=: MEAN ANNUAL HK9i WATER MARL N892h_00'W 1574' O Utolty, Drdnage and Path Es•emnT Res4200615850 (Hamycomb Hatch) I! -- NOTES, 1. THIS BUILDING INTERSECTS THE GROUND AT LEVEL P-2. LEVEL P-1 AND LEVEL 1. 2 SEE SHEETS 3 AND 4 FOR BUILDING FOOTPRINT DIMENSIONS. 3 SEE SHEET 5 FOP THE LANDSCAPE EASEMENT AND FOR LCE-H-4 ANO LCE-C-104 ON THE WEST SIDE OF THE LOT. 4. SEE SHEETS 15 & 16 FOR BUILDING SONG ENCROACHMENT. LEGEND (INCLUDES HATCH TYPES FOR EASEMENTS DIMENSIONED ON THIS SHEET) 100 YEAR FLOOD PLAIN — — — • — 75' RIVER SETBACK .-1 I, - O GONDOLA EASEMENT AGREEMENT REC #200611196 & REC. /200720822 SEE SHEET 3 VIEW CORRIDOR EASEMENT PUBLIC PEDESTRIAN ACCESS AND PLAZA AREA EASEMENT REC /200615950 AND AS MODIFIED BY THIS PLAT SEE SHEETS 3 AND 4 AND GENERAL NOTE 7. "VACATED PPA EASEMENT AREA'. SEE GENERAL NOTE 7 LANDSCAPE EASEMENT REC. /200722871 SEE SHEET 5 OTHER EASEMENTS AS DESIGNATED PARKING FACIUTY EASEMENT Rec Na. 200615950 Parking Facilty Eocemeat and Buiding Element. Easement Agreement R. /200631250 WATER EASEMENT ANO SEWER EASEMENT BOOK 551 PAGE 009 VIEW CORRIDOR EASEMENT RECEPTION Na 200615950 UTILITY EASEMENTS RECEPTON Na 200615950 UTAJTY, DRAINAGE AND PATH EASEMENT RECEPTION No. 200615950 HOTEL PARKING ACCESS IMPROVEMENTS EASEMENT BUILDING FOOTPRINT FOUND PIN & CAP AS OESCRIBED SET PIN & CAP LS 23048 GRAPHIC SCALE ( IR FOrD ) 1 inch = 30 tL SITE PLAN - OVERALL ALPINE ENGINEERING INC EDWAR05 BUSINESS CENTER • P.U. BOX 97 EDWARDS. COLORADO 61632 • 970 926-3773 • FAO 926-3390 • SHEET 2 JOB #16290.2A 31��84j�w LOT / o) • �O' Parking Facility Easement and Building Elements Easement Agreement Rec.#200631250 Parking Facility Easement Rec.#200615950 ility Easement c. #200615950 LEVEL P-2 Gondola Eoeement Agreement Rec # 200611196 & 200728622 Tr _46 SEE SHEET 5A FOR DETAIL OF PUBLIC PEDESTRIAN AND PLAZA AREA EASEMENT VIEW CORRIDOR EASEMENT PARSING FACILITY EASEMENTS (ON LOT 3) --- N867 8'28' E 150.06' 1 1.61'N 86'46'51 "13,30'.7' 5031379` \ ••, .:j,�. _1200 2'W \ _ 22529' Gondola Eakement \ Agreement 4et.# 200611196 i & 20072867 \ — 1 — WEST VIEW 9 LOT 3 LCE—H-4 see Sheet 5 O In o iL 83.00_1\ °311887E \ , \ 586'46'31 `E 174.53' N86'46'51'6\ V 0 134.47' R=325.00' L=64.59' Tan=32.40' X11'23'12" Ch=S72'54'40"E 64.48' ;::'Pi•1.bti4;Ped:: ,. IVR:r�Css:.: find :P1dza2 VEaeeIR ent Checkered/ Hatch/ ea):.:See'5 9dt5.3,.. LCE—C-1042F` _see Sheet 5 / 18. LEVEL P-2—+{ i' 98611404 £ 21.65 9B646'S 1 ; g S rlh o' S\ RIVERFRONT LANE ROAD/uTIE TIES RECEPTION NO. 200615950 NORTHEAST Utility Easement Rec. #200615950 _ _ _ _ 'sHAgED_aC.cE5s F,ASpMENT, R.1387 00' . - '• L=275..6 .-ranri36:39','r' - - C=N72 ;54'24'8' - 275.41: , , , ft R=1387.00' L=334.13' Tan=167.88' _ _ - Shared Access Easemen t " , '_ - See Sheet 3 and General - .Note'1A,'. Ti FINAL PLAT AND CONDOMINIUM MAP RIVERFRONT RESORT & SPA LOT 2, RIVERFRONT SUBDIVISION LINE TABLE TOWN OF AVON EAGLE COUNTY, COLORADO BEARING 90814'16'. 1109'54'13'E 549'43'01`E 50128'03'E 56010'04'E 90322'56'E 509'31'58`w 51925'050W N3212'05E N2118'28'E GRAPHIC SCALE CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA CHID BEAR CH0R0 Cl 21,53' 20.87 11.83' 59'06'08 55200'27W 20.58' C2 16.95' 65.00' 8.52' 1476'36' 574'29'23`W 16,90' C3 73.19' 37,93' 11.97' 3591'42` 563'00'41'8 22.83' C4 31.44' 20.00' 20.02' 90'03'33` 50021'37W 28 30' CS 28,72' 45.00' 16,97 35'34'20` 583'40'31`8 2824 C8 59.99' 300.05' 30.09' 112718' 505'52'32"E 39.89' C7 56.56' 305.05' 28.36' 1037'23' 56426'51`. 56.48' C8 54.62' 314.89' 27.38' 936'18' S7629'35. 54.55' C9 5&25' 321.89' 29.20' 1022'03' 57590'07E 3817 010 15.72' 10.66' 9,68' 84'30'20' 52336'44'W 14.33' CI1 25.60' 43.22' 13.19' 3356'15` 53817'17'E 25.22' C12 27.88' 20.87 16.46' 7631'58' 545'07O3'W 25.85' CI3 19.52' 15.00' 11.42' 74'33'40' 56132'12`W 18.17 C14 15.00' 10.00' 9.32' 8536'37 45713'40`. 13.63' C13 25.03' 12.00' 20.59' 119'31'38' 5702017W 20.73' 016 41.96' 18.00' 41,95' 13333'14' 55696'14'E 3308' C17 31.30' 18.00' 21.31' 9937'13' N73'04'14`W 2750' C18 26.17 04.91' 13.27 23'06'07 54252'38.6 26,00' 019 6.97 9.94' 3.63' 4010'19' N60'00'28`E 6.83' C20 3.53' 9.75' 1,78' 20'43'48' 519'42'29'6 3 51' C21 27.24' 69 02' 13.80' 2236'31' 03939'31`W 27.06' C22 19.09' 87.86' 9.58' 122709` 557'08'31"W 19.06' C23 17.68' 78.00' 8.8'7' 1236'18' 576'20'22`W 17.62' C24 8.77 1287' 4.56' 39'02'35' 540'38'48'. 8.60' C25 5671' 305.88' 2844' 10'3724' $641735'E 56.63' C26 100.38' 446.94' 5040' 1232'04` 57026'51'. 100.16' C27 20.39' 107.78' 10.27 1050'28' 48816'43'W 29.36' C28 1447' 4270' 7„30' 192307' 97658'11*W 1440' C29 0.22' 2806' 3.12' 12'4213' N60'48'30`W 6.21' C30 19.31' 100.78' 9.68' 1058'39' N8812'40'W 19.28' C31 1232' 35.76' 6.22' 19'44'51' 6,11T9'07W 1220' C33 1210' 27.50' 0.15 2512'46` NO3'04'24'W 1200' C34 19.53' 17.50' 10,92' 8355'49' 56851'458 19,53' C35 21.96' 20.00'1 12,24' 62'54'57 576'07'39'F 2087' SEE SHEET 5A FOR DETAIL OF PUBLIC PEDESTRIAN AND PLAZA AREA EASEMENT VIEW CORRIDOR EASEMENT PARSING FACILITY EASEMENTS (ON LOT 3) Hotel Parking Access Improvements Easement. See Sheet 3 and General Note 10 6°1387 00' L-48.11' Ton -24.06' 44159'15` Ch -66612'54`6 48.11' R-1387.00' L-10.15' Ton -5.08' 44025'10' Ch-N65'00'42`W 10.15' Utility Easement Rec. #200615950 I / / / /Parking Facility Easement h / / and Building Elements Easement Agreement Rec.#200631250 Parking Facility Easement Rec.#200615950 NOTES: 1 THIS BUILDING INTERSECTS THE GROUND AT LEVEL P-2, LEVEL P-1 AND LEVEL 1. 2. SEE SHEETS 6-17 FOR MORE INFORMATION. 3. SEE SHEET 5 FOR THE LANDSCAPE EASEMENT. 4. SEE SHEETS 15 & 16 FOR BUILDING SIDING ENCROACHMENT. LEGEND (INCLUDES HATCH TYRES FOR EASEMENTS DIMENSIONED ON SHEETS 3 & 4) 09000'00'41_ 3I ;_u, 100 TEAR ROOD PLAIN 75' RIVER SETBACK 0O600 4 EASEMENT AGREEMENT REC #200611196 & REC. #200728622 SEE SHEET 3 VIEW CORRIOOR EASEMENT PUBUC PEDESTRIAN ACCESS AND PLAZA AREA EASEMENT REC. #200615950 RETAINED 8Y 1115 PLAT. SEE GENERAL NOTE 7 'ADDITIONAL PPA EASEMENT AREA - SEE GENERAL NOTE 7 `VACATED PPA EASEMENT AREA` SEE GENERAL NOTE 7 GONDOLA EASEMENT SHARED ACCESS EASEMENT HOTEL PARKING ACCESS IMPROVEMENTS EASEMENT CLUB RECREATIONAL FACILITIES EASEMENT VIEW CORRIDOR EASEMENT RECEPTION No. 200615950 OTHER EASEMENTS AS DESIGNATED LINE OF EAVE OR A6NnG GRAPHIC SCALE ( Di FEET ) 1 inch — 20 ft ALPINE ENGINEERING INC mW EDWAROg SSCOLOR� • 81632 0% 97 • 970 926-3373 • FAX 926-3390 • SHEET 3 JOB #16290.2A iiS N LOT 4 1 ,_ 8889 TRACT A 4l VERCRON T SUBDIVISION (OPEN SPACE) REC. #200615950 °7 N017ri'01,E LCE—H-4 and Club Recreotional Facilities Easement \ I SI =In 7 z N86:18'28"E 150.06' 4250' N86'46'51'W —31.60'— 53646''5 E LCE-H Sn II J - - 47 8101 586'47'30"E tT42' TRACT B ,RIVERTRON7- SUBDIVISION �E (OPEN SPACE) REC. #200675950 Ra7 N - • 'R J N 33.57 FINAL PLAT AND CONDOMINIUM MAP RIVERFRONT RESORT & SPA LOT 2, RIVERFRONT SUBDIVISION �f f; / 7 9 3s TOWN OF AVON EAGLE COUNTY, COLORADO LINE TABLE LINE LENGTH BEARING Li 2 67 N08'14'16'E 12 2 97' N0954'13'E L3 500' 649'48'01'E L4 6 24 N8128'03'E 1.5 9 55' 560'10'04"E L6 4 39' 50322'56•E L9 6.12' 50931'58'W L10 239' 519'25'00-W L11 2 90' N32n2'05'E L12 1.88' 82118'28'C LANDSCAPE EASEMENT REC #200722871 GRAPHIC SCALE (Di FEET) L inch y 20 ft CURVE TABLE CURVE LENGTH RADIUS 'TANGENT' DELTA CFO BEAR CHORD C1 21.53' 2067 11 83' 5986'08' 552'00'23•w 20.58' C2 16.95' 65.00' 852' 1456'36' 574'29'23"W 16.90' C3 2.3.19' 37,93' 1197' 35'01'42• 56380'41'W 22.83' C4 31.41 2000' 20.02' 90'03'33' $0071'37W 28.30' C5 28.72' 45,00' 14,87 36'34'20• 563'40'31'W 26.24' C6 59.99' 30005' 3009' 11'2718• 56552'32'E 5989' C7 56 56' 305.05 38 36' 10'3723' 56426'51'E 56.48' CO 54,62' 314 69' 2738' 956'18• 07629'35E 54,55' C9 58.25' 321,89' 29 20' 10'22'03' 57580'07'E 58.17 C10 15.72' 10.66' 968' 84'30'20' 523'38'44'S 14 33' C11 25,60' 4322' 1319' 3356'15' 531317'17'E 25,22' CT2 27 88' 20 67' 16.46' 7631'56' 545'07'03'W 25.85' 013 19.52' 15 00' 11 42' 74'33'40' 58132'12'34 18.17 014 1500' 1000' 932' 8536'37' HB733'40•E 13.63' C15 25.03' 1200' 20.59' 11931'36' 57026'11'W 20.73' 016 41 96' 16.00' 41.95' 133'33'14' 656'06'14'E 33 08' 07 31.30' 1800' 21 31' 993713' 87384'14'V 27,50' (18 26.17 64.91' 1327' 23'06'07' 542'52'38'W 26.00' C19 6.97' 994' 363' 4010'19' 860'00'28'E 6,83' 220 3 53' 9,75' 1.78' 20'43'48• 019'42'29•W 3 51' 021 27,24' 59,02' 1380' 2236'31' 539.39'31'W 27.06' C22 19,09' 67,66' 9.58' 132709' S57158'31'W 19.06' C23 1766' 7600' 8,87' 1258'18' 57620'22'W 1762' C24 0.77 12.87' 456' 39'02'35' 540'38'46'E 8.60' C25 56,71' 305 98' 2844' 103724' $44'1735'E 56.63' C26 100.38' 44694' 5040' 125x'04' 576'26'51*E 100,16' C27 20.39' 107.78' 10.23' 1050'29" N68'16'43'14 20.36' C28 14 47' 42 76' 730' 1923'07 676'56'11'w 14,40' C29 6.22' 2806' 3.12' ' 12'42'17 460'48'30'S 621' C30 19.31' 100.78' 9,68' 10'55'39' 88812'40'W 19.20' C31 12.32' 3576' 622' 19'44'51' 477'09'03'W 1226' C33 1210' 27 50' 6.15' 25'12'46' 403'04'24'W 12.00' C34 19,53' 17,50' 10,92. 63'55'49• 56851'4S'W 18.53' C35 21 96' 2000' 12.24' 6254'53' 576'0739'E 20.87' I L ILA N8618' 20"E 14.50' N8629'O7"E �- 339.87€4F_- w B r1 II I O CJ I ? I I—+ I Ic,l I I f*1 I I 0 I O TIN u. 1795' N76 °j•1-33*" N89 -24__00"W 57.94' \yALPINE 83.pg__ -- c6 EAAJ2,SCAPE EASEMENT - DETAI�„`-_ ENGINEERING INC 97w''''6NAROS coSTPDO• 8163289X 97 SHEET 5 - • 970 926-3373 • FAX 926-3390 • JOB #16290.2A 9-325.00' L=29.74' Ton -14.68' 005'14.36" '35'47E 29 73' 29 73' R=325.00' L=5,85' Parking Facility Easement and Building Elements Eosement Agreement Rec.#200631250 (Note: Rec.#200631250 overlaps Rec.# 200615950) Parking Facility Easement Rec.#200615950 EXTERIOR BOUNDARY R=325 00' L=64 59' Ton =32 400 A=11'23'12" 572'54'40"E 64.48' VIEW CORRIDOR EASEMENT R_325 00' L-60.95' Ton -30.56' 6,10'44'42" Ch —5682037E 60 N 86'18'28"E 26.83: Jy --•44*; 5.00' 5.00''' ‘0% T! - R-325.00' / 1.\I/ / O 0 1 SNE / 0 4p'72Nw (TIE) 6-325.00' L-22.42' TOn_11.22' 6-35712' Ch=5763740"E 2247 • - Stiol-ed-94ccess'Easeinent. 'See Sheet 3 -and - . Additional �S433825 Easement Area. Vacated PPA Easement Area. See General Note No. 7 / pi N / 00 View Corridor Easement Rec. #200615950. (SHADED) _ 13 h B 5875747-E 3.70' 44 4p'72^W 133.4 t . Water and Sewer Easement Book 551 page 009 (patterned area) tr,l!ll,r1ll1/j:r`i7 "11rl/l1///lif R + /l /1!!/1 l,' /7/ /// l�f ;`/f1l Vacated PPA Easement Area: See General hMfe Na. 7 N52'12'30" O��`�16.�3 39 -r -r 5?6�306 lirrt Club RecrVational Facilities- Eo,'sement. See Sheet-.4:'acrd Genar6l Al0te" 1©,'. ; - ' Utility, Drainag and Path \ Easement Rec.#20067.595 FINAL PLAT AND CONDOMINIUM MAP RIVERFRONT RESORT 8c SPA LOT 2, RIVERFRONT SUBDIVISION TOWN OF AVON EAGLE COUNTY, COLORADO NOTES: 1. THIS BUILDING INTERSECTS THE GROUND AT LEVEL P-2, LEVEL P-1 AND LEVEL 1. 2. SEE SHEETS 6-17 FOR MORE INFORMATION. 3. SEE SHEET 5 FOR THE LANDSCAPE EASEMENT 4. SEE SHEETS 15 & 16 FOR BUILDING SIDING ENCROACHMENT. LEGEND (INCLUDES HATCH TYPES FOR EASEMENTS DIMENSIONED ON SHEETS 3 & 4) N90120.00'W [Fr ".F� i � tl LINE TABLE LINE LENGTH BEARING L1 267 N0814'16'E L2 2,970 N09'54'13"E L3 500' 549'46'01'E L4 6.24 N8128'03"E L5 9 55' $6010'04'E L6 439' 50322'56'E L9 612' 50931'56'W L10 239' 51925'00'W L11 290' N3212'05'E 02 1.68' N2118'28'E GRAPHIC SCALE 100 YEAR FLOOD PLAIN 75' RIVER SETBACK GONDOLA EASEMENT AGREEMENT REC. #200611196 6: REC. /200726622 SEE SHEET 3 NEW CORRIDOR EASEMENT RECEPTION No. 200615950 PUBLIC PEDESTRIAN ACCESS ANO PLAZA AREA EASEMENT REC. /200615950 RETUNED BY THIS PLAT SEE GENERAL NOTE 7 'ADD/TIONAL PPM EASEMENT AREA' SEE GENERAL NOTE 7 "VACATED PPA EASEMENT AREA" SEE GENERAL NOTE 7 SHARED ACCESS EASEMENT HOTEL PARKING ACCESS IMPROVEMENTS EASEMENT CLUB RECREATIONAL FAC/LMES EASEMENT OTHER EASEMENTS AS DESIGNATED CURSE TABLE CURVE LENGTH RADIUS TANGENT DELTA CHD BEAR CHORD CI 21.53' 20.67' 11.83' 59'06'08' 552'00'23'06 20.58' C2 16.95' 6500' 8.52' 1456'36" 57429'23"B 1690 C3 2319' 37.93' 11.97 35131'42' 563'00'41'W 22.83' C4 3144' 20.00' 20,02' 90'0333" 500'21'35"W 28.30' C5 28.72' 45.00' 1487' 3634'20" 503'40'31'W 2624 CB 59.99' 300.05' 30.09' 11'2718' 56552'32-E S9 89' C7 56.56' 305.05' 28 36' 103723' 564'26'51'E 56 48' CB 54.62' 314.89' 27.38' 9'56'18" 07629'35-E 5455' C9 58.25' 321.89' 29.20' 10'22'03' 57700'07E 58.17 C10 15.72' 10.66' 9.66' 134'30'20' 52336'44'w 1433' C11 2560' 63,22' 13.19' 3356'15" 5351717"E 2522' C12 27.88' 2087 1646' 7631'56- 545'07'03'W 2585' C13 1952' 1500' 11.42' 74'33'40' 58132'12'W 1817' C14 15.00' 1000' 9.32' 8556'37 N8713.40'E 1363' C15 25.03' 1200' 20.59' 11951'36' 570251156 20.73' C18 41.96' 1800' 4195' 133133'14 556'0614E 3308' C17 31.30' 18.00' 21.31' 9937'13' N739414W -2750' C18 2617 6491' 1327 2396'07 54232'36"W 2600' C19 6,9T 9 94' 3.63 4010'19" N60'00'28'E 6.83' C20 353' 9.75' 1.78' 20'43'48' 519'42'29"W 3 51' C21 27,24' 6902' 13.e 22'36'31" 53979'31"W 2706' C22 19 09' 87.86' 958' 122709" 55798'31"W 19 06' C23 17.66' 78.00' 8.87 1258'18' 57620'22"W 1762' C24 877' 1287' 4.56' 3992'33" 54036'46"E 860' C25 5671' 305.88' 28.44' 103724' 56417'35' 5663' C26 10038' 446.94' 30.40' 1232'04' 57626'51"E 100.16' C27 20.39' 107 78' 10.25 1050'28' N8816'43'W 20 36' C28 14.47 42.76' 7.30' 1923'07' N76'58'11'w 1440' C29 6.22' 7806' 3.12' 12'42'13" N60'46'30"W 6.21' C30 19.31' 100.78' 9.68' 10'58'39" 98012'40"w 19.28' C31 12.32' 35.76' 6.22' 19'4451' 677'09'03'W 1226' C33 1210' 27.50' 6.15' 2312'46" N0394'24'W 1200' C34 19.53' 17.50' 1092' 03'55'49" 56831'45"W 18.53' C35 21.96' 20.00' 12 24' 6254'53' 576137'38E 20 87 C36 21.23' 107.78' 1065' 1117'03' NBB'30'O1"W 2119' ( tN FEET ) 1 inch - 20 ft DETAIL SHEET PUBLIC PEDESTRIAN ACCESS AND PLAZA AREA EASEMENT VIEW CORRIDOR EASEMENT PARKING FACILITY EASEMENTS ALPINE ENGINEERING INC mWRR EDWAARDS, COLORADO 81632 97 • 970 926-3373 • FAX 928-3390 • SHEET 5A JOB #16290.2A Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Director Administrative Services Date: July 15, 2008 Re: Resolution No. 08-32, Canceling Regular Town Council Meeting Summary: This Resolution cancels the August 12, 2008 regular Council meeting that falls the same day as the 2008 Primary Election. The Eagle County Clerk & Recorder requested the use of this room on that day to hold the 08 Primary Election; Council approved the request at an earlier council meeting. The meeting will therefore be cancelled; the next regularly scheduled meeting will be held August 26th. TOWN OF AVON, COLORADO RESOLUTION NO. 08-32 SERIES OF 2008 A RESOLUTION CANCELING A REGULAR TOWN COUNCIL MEETING WHEREAS, the second and fourth Tuesdays in each month are set aside for the regular meetings of the Town Council of the Town of Avon; and WHEREAS, both the regular meeting of the Avon Town Council and the 2008 Primary Election fall on the second Tuesday in August 2008; WHEREAS, the Avon Town Council approved the request by the Eagle County Clerk & Recorder's Office to use the Avon Council Room as a polling location for this 2008 Primary Election Day; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado, that: The regular meeting of the Town Council scheduled for Tuesday, August 12, 2008 is hereby vacated and canceled. ADOPTED this 22nd day of July 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 24, 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 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes and Dave Dantas. Tamra Underwood was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Director of Public Works and Transportation Jenny Strehler, and as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST The agenda was approved and there was a question about a conflict of interest related to the annexation of the Red House property. COMMUNITY INPUT Sarah Will, Access Vail Valley, asked to be included on the Town of Avon's distribution list for reviewing development projects so that her group could have input. She noted that Access Vail Valley's mission is to expand recreation services and access considering those who are disabled as well as the elderly — to create universal access for everybody. ORDINANCES Randy Funk, Sherman and Howard, presented Ordinance No. 08-08, Series of 2008, on Second Reading, an Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs. He noted that this legislation takes steps to effectuate the transition of the Mall to a public street with vehicular access and notice was provided to all involved in this effort. Councilor Sipes reiterated the fact that the Main Street formerly known as the mall area will be very pedestrian friendly as well. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Dantas moved to approve Ordinance No 08-08, Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs. Councilor Sipes seconded the motion and it passed unanimously by those members present (Underwood absent). RESOLUTIONS Matt Gannett, Planning Manager, presented Resolution No. 08-21, Series of 2008, Resolution Setting Forth Findings of Fact and Conclusions Regarding Eligibility for Annexation to the Town of Avon of Property Known as the Red House Lots 1 and 2 Annexation. Randy Funk, Sherman & Howard, presented a review of the Red House Annexation application submitted by the Vail Corporation for property known as Red House Lots 1 and 2, 1.44 acre parcel of land located on the northeast corner of Highway 6 and Avon Road. He noted that the petition sets forth the criteria for determining eligibility for annexation to the Town and that the adoption of the resolution does not require the Town to annex the property. It was noted that the applicant will submit several applications during July, including a proposed amendment to the comprehensive plan, a PUD zoning application and a subdivision application. These items would be considered concurrently by the Planning & Zoning Commission & by the Council corresponding with the decision of the Town to annex the property. Mr. Funk made a review of each section in the resolution. Munsey Ayers, Otten Johnson, representing Vail Corporation, described the application for the annexation of the Red House Lots 1 and 2. He noted specifically how the application meets the criteria of the Municipal Annexation Act of 1965, set forth in Article 12, Title 31 Colorado Revised Statutes. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Phillips moved to approve Resolution No. 08-21, Series of 2008, Resolution Setting Forth Findings of Fact and Conclusions Regarding Eligibility for Annexation to the Town of Avon of Property Known as the Red House Lots 1 and 2 Annexation. Councilor Ferraro seconded the motion and it passed unanimously by those present (Underwood absent). Justin Hildreth, Town Engineer, presented Resolution No. 08-22, Series of 2008, A Resolution Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the Village (At Avon) Filing No. 4. He made a review of the request by Village (at Avon) for extension of the Preliminary Subdivision Plan and Subdivision Variance and noted the letter explaining good cause for such request. He noted that the wetlands permit has expired and will require further attention from the Army Corps of Engineer; the applicant noted that the permit should be reissued without any problems. It was noted that the Preliminary Plan and the Variance approvals are tied together, without one the other is obsolete. Staff noted that the recommendation for one year was in light of any unforeseen changes that might need to be made to the plan. Comments were discussed about how the proposed collateralization estimates were calculated; it was noted that it was reflected in the town's approved standard subdivision improvement agreement form. Councilor Phillips moved to approve Resolution No. 08-22, Series of 2008, A Resolution Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the Village (At Avon) Filing No. 4. Councilor Dantas seconded the motion and it passed unanimously by those present (Underwood absent). NEW BUSINESS Jeff Schneider, Project Engineer, presented a recommendation to Award the Town of Avon Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig. He reviewed the proposal for developing a transportation master plan including vehicular, bicycle, transit & pedestrian infrastructure as submitted by the consultant FHU. He noted that the most recent plan was completed in 1990 and updated in 1996. There were comments made related to the need & priority for pedestrian ways throughout the town; staff noted it would focus on that aspect when developing the plan with the consultant. Mayor Pro Tem Sipes moved to award the contract to FHU for Avon's Comprehensive transportation Plan. Councilor Ferraro seconded the motion and it passed unanimously (Underwood absent). TOWN MANAGER Larry Brooks, Town Manager, facilitated a conversation about what type of review process Council wanted for the town attorney selection; the following parameters were agreed upon: • Requested that all council members review the proposals • Review proposals on July 8th • Schedule interviews on July 22"d It was noted that the Council may convene to an executive session if the attorney arrangement is employed, but they must address the topic in public if a contract is the focus of the attorney arrangement. Regular Council Meeting Page 2 of 3 08-06-24 TOWN ATTORNEY Town Attorney John Dunn noted that the Eaglebend Subdivision has been approved for exclusion from Eagle Vail and all proper documents have been filed. The exclusion will take effect January 1, 2009. MAYOR REPORT Mayor Wolfe noted that he and the Town Manager would be attending a meeting with representatives from the USFS. He also noted he is scheduled to address the Eagle County open space committee about the eligibility of this property as open space in the near future. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Some discussion ensued on the noise study. Mayor Pro Tem Sipes moved to approve the consent agenda below; Councilor Carroll seconded the motion and it passed unanimously by those member present (Underwood absent). a. Minutes from June 10, 2008 b. Acceptance of 2007 Town of Avon Audited Financial Statements (Scott Wright, Assistant Town Manager Finance) Action to accept the audited financial report prepared by Clifton Gunderson LLP c. Approval of Contract with Fritzlen Pierce Architects for Design of Repair Work for the Recreation Center Patio Ceiling (Justin Hildreth, Town Engineer) Proposal for design services to improving patio area of the Recreation Center d. Contract Award for a "noise study" for potential future attenuation berm to Hankard Environmental, Inc. (Jenny Strehler, Director Public Work and Transportation) The Town requires the services of a noise testing and analysis firm to conduct noise monitoring and computer modeling along 170 in Avon ( CIP project #31011 "1-70 Noise Reduction Project") There being no further business to come before the Council, the meeting was adjourned at 6:30 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 08-06-24 Town of Avon Department of Public Works Memo To: The Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jennifer Strehler, P.E., Director of Public Works & Transportation Justin Hildreth, P.E., Town Engineer Date: July 8, 2008 Re: Contract Award for a "Trails Master Plan" Summary: The Town is interested in conducting a "Trails Master Plan" for existing and potential new recreational trails in the open space designated areas within the Town Limits. The Town requires the services of a trails planning and construction professional to conduct this study. The Town Council is requested to approve award of this Trails Master Plan to Anasazi Trails, Inc. (ATI) in the amount not to exceed $30,000. Previous Council Action: • Approval of the 2008 CIP Project #34013 "Wildridge Trails Program" as a discretionary project ($30,000 in 2008 plus another $1,200,000 programmed through 2011). • Approval of contract award to Fellsburg, Holt, and Ullevig (FHU) for the Comprehensive Transportation Plan, June 24, 2008 ($190,858). Background: There is public interest in enhancing our existing recreational trail system and expanding pedestrian and bicycle connectivity throughout Avon, as evidenced recently from the Parks survey and from the public workshop on Main Street, and from previous Trail -related open house meetings conducted in Wildridge. The Town has elected to address this portion of our infrastructure by authorizing two separate but related studies: 1) the Comprehensive Transportation Plan, and 2) a Trails Master Plan. Comprehensive Transportation Plan - The Comprehensive Transportation Plan contract was awarded on June 24, 2008 to FHU. 1 FHU's scope of work regarding trails focuses on the town core area along the valley floor; their work will include evaluation of trip demand mode splits (e.g., traffic, transit, pedestrian, bike) during winter and summer conditions in this area. The types of trails included in FHU's scope are multi -purpose paved trails, bike lanes, or sidewalks typically located on the valley floor, primarily used by bicycles and pedestrians as modes of transportation in addition to recreation. An inventory of existing trail facilities will be provided and evaluated with respect to connectivity and continuity with other trails and other modes of travel. Future trail corridors to serve existing development will be evaluated, as well as a pedestrian bridge over Avon Road and an underpass linking Metcalf Road to West Beaver Creek Boulevard. Trails Master Plan -The Trails Master Plan contract is proposed for award on July 8, 2008 to Anasazi Trails, Inc. (ATI). ATI is a specialty firm whose core business is the planning, design, and construction of recreational nature trails (e.g., to be used for hiking, mountain biking, snowshoeing, etc.). Trails to be developed in this plan can be expected to be more natural in appearance than hardened trails, designed for sustainability and ease of maintenance, and constructed of a chipped, crushed, or native material. This project will focus on enhancing and creating recreational uses in the open space areas of Avon located north of I70. NOTE: Although the recreational trails project concept was originally suggested to focus on the open space interconnecting the Wildridge neighborhood in the 2008 budget document, staff recommends re -naming the project "Trails Master Plan" since several work elements are outside of the Wildridge neighborhood and since many study recommendations will be applicable town -wide (e.g., GIS mapping, materials of construction, etc.). Discussion: A Trails Master Plan would greatly assist the Town's ability to coordinate existing and proposed trail activities with other Town projects and policies and with private development projects. The Town's CIP currently shows $1,200,000 for trails design and construction during 2009-2011. Funds for this discretionary project may not be available due to slowing in the real estate market and competing demands for capital funding for essential projects. However, it remains useful to develop a Trails Master Planning document now which will show potential locations for new trails, trailheads, or similar improvements to encourage walking and bicycling as the town grows. ATI's scope of work includes identification of possible trails and trailhead projects within the town limits, with an emphasis on connections to parks, open space, and interesting natural features. Services will include field reconnaissance, documentation on existing conditions at possible new trail locations, recommendation of trail materials of construction and general 2 design parameters, construction cost estimating, facilitation of public input, mapping and calculations, report preparation, and attendance and meetings and presentations as described in Exhibit A. This work will be conducted during the late summer and through the autumn of 2008. ATI will attend the 2008 Wildridge Community meeting (expected August 14th) to describe the scope of the project and receive public input on current uses and requested trails. Field reconnaissance will be conducted in August and September. They will prepare a draft Trails Master Plan which will include a proposed list of trails projects, including a construction cost estimate for each. ATI will present results of the draft study to Town Council and the public during a November 2008 work session. Comments from the public, Town Council and the staff will then be incorporated. A final Trails Master Plan is expected by mid -December 2008. The agreement and scope of work have been evaluated by the Town Attorney. Financial Implications: This Contract award is capped at $30,000.00. Funds are derived from the Town's CIP account for project #34013. Recommendation: Staff recommends that Town Council approve contract award to Anasazi Trails, Inc. in an amount not to exceed $30,000.00 and authorize the Town Manager to sign the attached Agreement. Town Manager Comments: Attachments: 1 - Agreement for Services between the Town of Avon and Anasazi Trails, Inc. 2 - Exhibit A to the Agreement (Cover Letter, Scope of Work, Rates, Resumes) 3 - Figure depicting Trails Master Plan study area 3 AGREEMENT FOR SERVICES BETWEEN THE TOWN OF AVON AND ANAZASI TRAILS, INC. This is an Agreement made as of , 2008 between the Town of Avon, Colorado ("Town" or "Owner") and Anasazi Trails, Inc. ("Contractor"). The Town wishes to prepare a master planning study to identify possible trail head and trail construction projects in the Town of Avon. The Town has requested the services of the Contractor to evaluate existing deficiencies and recommend improvements to establish a linked trail system throughout town, with connections to ECO Trails and trails in Forest Service lands. The scope of services to be preformed under this agreement are described in Section One and Exhibit A, referred to as the "Trails Master Plan". The Town and the Contractor agree in respect to the furnishing of services by the Contractor with respect to this project and the payment for those services in accordance with the terms and conditions as setforth herein. The maximum not to exceed amount of this contract is thirty thousand ($30,000.00) dollars. This Agreement constitutes the Town's written authorization to the Contractor to proceed on the date first written above with the Services described in Part One below. This Agreement will become effective on the date first written above. PART ONE: STATEMENT OF WORK 1.01 SCOPE OF WORK Contractor shall provide professional services to identify possible trails and trailhead projects within the Town of Avon town limits, with an emphasis on pedestrian and bicycle connections to town -owned land and open space. These services will include field reconnaissance, documentation on existing conditions at possible new trail locations, recommendation of trail materials of construction and general design parameters, construction cost estimating, facilitation of public input, mapping and calculations, report preparation, and attendance and meetings and presentations as described in Exhibit A. PART TWO: GENERAL TERMS AND CONDITIONS 2.01 LIMITATIONS ON CONTRACT TYPE This contract shall be: ❑ Lump sum n Cost plus fixed fee ® Time and materials with a not -to -exceed cap The fixed profit or fee for professional services shall be negotiated and established by the contract. Under no circumstances will the Town agree to a variable profit/fee structure (e.g., cost plus a percentage of cost as profit is not an allowed contract type). Page 1 of 10 2.02 CONTRACT DOCUMENTS Contract shall consist of the contract instrument as negotiated and this Request for Proposal. This Part 2.0 describes general terms and conditions which will be included as part of the final contract. 2.03 SERVICES The work to be performed under this proposal consists of the furnishing of all labor, equipment, materials, expertise, tools, supplies, bonds, insurance, licenses and permits, and performing all tasks necessary to accomplish the work as it is described herein, unless specifically excluded as agreed upon by contract negotiations. The Town reserves the right to negotiate scope and schedule to accommodate budgetary considerations. 2.04 DUTIES OF CONSULTANTS Consultants shall diligently undertake and perform all work required by the contract. The Contractor agrees to devote the number of persons and level of effort necessary to perform and complete the work in a timely manner. All work done will be performed to the highest professional standards and will reflect the thoroughness, attention to detail, and application of knowledge expected of professional consultants in the field. 2.05 OBTAINING DATA It shall be the Contractor's sole responsibility to obtain all additional data necessary to complete the work in a timely manner. The Town shall make any data in its possession that is relevant to the Contractor's activity, available to the Contractor upon request. Requests shall specify the type of information sought, and the period for which the data is required; however, the Contractor may not require the Town to seek reports from other agencies or to prepare original research. It shall be the Contractor's duty to discover and obtain data, research and prepare reports derived from private or public sources other than the Town. The Town does not vouch for the accuracy of any data other than its own. Data furnished by the Town shall be considered accurate only for the purpose for which it was originally gathered. The Contractor shall be solely responsible for any conclusions drawn from the data. 2.06 CHANGES The Town reserves the right to order changes in the work within the general scope of the project. The project manager or his designee shall order changes in writing. In the event the Contractor encounters circumstances which it believes warrants a change in the price, quality, quantity or method of performing work, it shall notify the project manager of the circumstances in writing. No change in work shall be undertaken until authorized in writing by the Town. Either party shall be entitled to an equitable adjustment in the contract price for changed work. It shall be the Contractor's sole responsibility to notify the project manager in advance, in writing, of any work that it considers to be changed or Page 2 of 10 extra. Failure to do so, and to provide and to receive approval before processing, shall waive any claim for additional payment. 2.07 PERMITS AND RESPONSIBILITIES Prior to commencing work or performing any phase of the work, the Contractor shall, at its expense, obtain such permits or licenses as may be required by State, Federal, or Local law. Failure to obtain permits or licenses in a timely manner shall not be grounds to excuse performance or to extend contract time. In addition, the Contractor shall obtain any permission required prior to entering upon private property to perform any task required. In the event the Contractor is denied access to private property, the Contractor shall immediately notify the project manager and give the location to which access was denied, the name of the person who denied access, the reason access was denied, the reasons access was sought and any alternative site that may be used for the same purpose. The Town shall thereupon endeavor to assist the Contractor in gaining any required access. 2.08 CARE OF PUBLIC AND PRIVATE PROPERTY The Contractor shall at his expense carefully protect from injury trees, shrubs, buildings, fences, utilities, structures, pipes, conduits and personal property, public or private, which may be affected by the work. The Contractor shall be liable for any damage done through its fault or that of its Subconsultants and shall restore any damaged property to the same or better condition as it was prior to the Contractor's interference. Site restoration shall be required for exploratory drilling, test pits, testing and sampling, etc. necessary to complete the work unless otherwise explicitly excluded in Section 3.0. 2.09 PAYMENTS The Contractor shall invoice the Town monthly for all work done. Invoices shall itemize the work accomplished during the payment period by hours of classification and Subcontractor charges to date of invoice. Approved invoices are paid within thirty days of presentation. Payment shall be only for work satisfactorily completed. 2.10 TERMINATION FOR CONVENIENCE The Town shall have the right to terminate the contract for convenience at any time prior to completion. Written notice of such termination shall be mailed to the Contractor at its address on file with the Town. Termination shall be effective ten (10) days from the date notice is mailed. Upon receipt of notice of termination, the Contractor shall immediately stop work and terminate all subcontracts. Upon either termination for convenience or curtailment, the Contractor shall be entitled to receive an amount equal to the cost of work performed to date, including the cost of terminated subcontracts provided that in no case shall the amount allowed exceed the maximum contract price plus authorized change orders. Page 3 of 10 2.11 TERMINATION FOR DEFAULT Upon failure of the Contractor to make satisfactory progress or failure to abide by the terms of the contract, or to obtain, furnish or keep in force any required permit, license, bond, or insurance, the Town shall have the right to terminate the contract for default. Written notice of termination shall be mailed to the Contractor at its address upon the records of the agency. Notice shall be effective when mailed. Upon receipt of notice, The Contractor shall immediately stop work and relinquish all project files to the Town. The Town may thereafter pursue the work or hire another consultant to do so and charge the excess cost thereof to the Contractor. 2.12 DISPUTES In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the Town Manager. The Town shall consider the request and respond in writing within ten (10) days giving findings and the reasons for them. Any person dissatisfied with the findings of the Town Manager may appeal to the Avon Town Council in writing within ten (10) days. Failure to do so waives any objection. The Town Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the Town shall be final upon matters of fact unless clearly erroneous or procured by fraud. 2.13 ASSIGNMENT OF CONTRACT The Contractor shall not assign the contract or any moneys to become due hereunder, without prior written approval of the Town of Avon. 2.14 SUBCONSULTANTS Specialty Subconsultants or Subconsultants may be used to perform such work as is customary in the Contractor's profession; however, reports required shall be presented by the Contractor (aka "Prime") who shall be liable for any faulty data, errors or omissions contained therein. All subcontracts for fieldwork shall contain clauses similar in form and substances to the equal opportunity, termination for convenience, insurance and labor clauses found in this proposal. 2.15 CONSULTANT'S REPRESENTATIVE The Contractor shall designate a member of its staff who is knowledgeable concerning this project and who has authority to act for the Contractor upon all matters pertaining to this agreement. The Contractor's representative or his designee shall be available by telephone to the Town during normal business hours (8:00 AM to 5:00 PM, Monday through Friday) for the duration of the work set forth in this proposal. Page 4 of 10 2.16 INSURANCE A. The Contractor shall procure and maintain the minimum insurance coverages listed in this section. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. The Contractor shall not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. B. Insurance shall be in the amounts required by the State of Colorado and the Town of Avon. In the event of a conflict, the higher level of coverage from these two authorities apply. The insurance coverages as required by the Town of Avon are as follows: 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for each employee of the Contractor engaged in the perfoiivance of work under the Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. 2. Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultants, products, and completed operations. 3. Commercial Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of the Contractor's owned, hired or non -owned vehicles or equipment assigned to or used in performance of the services. Each such vehicle shall be covered both on and off the work site. The policy shall contain a severability of interests provision. C. A certificate of insurance shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. In addition, the Town shall have the right to request and obtain copies of any insurance policies required hereunder. The certificate shall identify the Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The completed certificate of insurance shall be sent to: the Town of Avon, Attn: Patty McKenny, Town Clerk, 400 Benchmark Rd, Avon CO 81620. Page 5 of 10 D. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the Agreement, or at its discretion the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by the Contractor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to the Contractor from the Town. E. The Town reserves the right to modify the insurance coverage requirements above in the final agreement to allow for lesser coverage if; in its sole judgment, the Town determines that adequate insurance is provided with a substitute arrangement. 2.17 EEO PROVISIONS The Contractor shall comply with all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964, in regard to nondiscrimination in employment because of race, religion, color, sex, handicap, or national origin. The Contractor shall comply with applicable Federal, State and Local laws, rules and regulations concerning Equal Employment Opportunity. 2.18 TIME OF COMPLETION OF WORK AND EXTENSION OF TIME LIMIT The work to be done under this proposal shall be completed in its entirety on or before December 15, 2008, provided however, that the owner may in its discretion extend the time for the completion of the work without invalidating any of the provisions herein contained and without releasing any surety. Extension of time as provided above will be considered by the Town only upon receipt of written request from the Contractor, accompanied by written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions that have operated to prevent completion of the work within the specified time. 2.19 DUTIES AND OBLIGATIONS OF CONSULTANT The Contractor shall: A. Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for the prosecution of the work provided for in the contract. Page 6 of 10 B. Not permit any lien or claim to be filed or prosecuted against the Town on account of any labor or materials furnished. C. Pay to the Department of Revenue all sums withheld from employees pursuant to local/state statutes. 2.20 PAYMENT OF CLAIMS BY THE TOWN If the Contractor fails, neglects, or refuses to make prompt payment of any claim of labor or services furnished to the Contractor or Subcontractor by any person in connection with the contract as such claim became due, the Town may pay such claim to the person furnishing the labor or services, and charge the amount of the payment against funds due, or to become due the Contractor, by reason of the contract. 2.21 COMPENSATION WHEN CONTRACT TERMINATED FOR CONVENIENCE In the event of termination of a contract for convenience of the Town, provisions shall be made for the payment of compensation to the Contractor. In addition to a reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the Contractor: A. Shall be determined on the basis of the contract price in the case of any fully completed separate item or portion of the work for which there is a separate or unit contract price; and B. May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. C. Shall be based upon the approved schedule of values. 2.22 INSPECTION OF PAYROLL RECORDS The Contractor agrees to the following statement: the Town, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract, for the purpose of making audit, examinations, excerpts, and transcriptions. All required records must be appropriately maintained by the consultant/vendor for three years after final payment, and all other pending matters are closed. 2.23 AMOUNT OF RETAINAGE The Town shall retain an amount equal to ten percent (10%) of the contract price until final completion and acceptance of all work to be performed under the contract. 2.24 COSTS AND FEES Page 7 of 10 In the event that any suit or action is commenced or arises from this proposal, each party shall bear its own costs and fees including attorney fees regardless of the outcome. This provision shall apply to the original action and any appeals. 2.25 STANDARDS OF CONDUCT No member, officer, or employees of the Town, or its designees or agents, nor member of the governing body of agency, and no other public official of agency who exercises any functions or responsibilities with respect to this contract during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All Consultants shall incorporate, or cause to be incorporated in all subcontracts, a provision prohibiting such interest. 2.26 NOT USED 2.27 ERRORS AND OMISSIONS, CORRECTION The Contractor warrants that they employ, either direct or through subcontract, design professionals who are professionally licensed in the State of Colorado for the specific engineering and architectural disciplines for which they will provide services in this project. As such, the Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Contractor under this Agreement. The Contractor shall, within additional compensation, correct or revise any of the Contractor's errors or deficiencies in the designs, drawings, specifications, reports, and/or other services immediately upon notification by the Town. The Contractor will not be responsible for correcting errors or deficiencies caused by Town staff in conjunction with the Contractor's services. 2.28 TOWN'S APPROVAL The Town's approval of the designs, drawings, specifications, reports or other products of this Agreement in no way relieves the Contractor from the responsibility for technical adequacy and detailed accuracy. The Town's review, approval, acceptance of, or payment for these items shall not be construed to be a waiver of any rights by the Town under this Agreement. 2.29 OWNERSHIP OF DELIVERABLES Electronic copies of all deliverables prepared by the Contractor team will be provided to the Town in original file format and immediately become property of the Town; the Town reserves the right to use this information in any way it so desires without further compensation to the Contractor team or team firm components. Surveying, mapping, base plans, and construction drawings prepared by the Contractor team will be provided to the Town in Autocad 2007 Edition. Specifications, permitting, and planning Page 8 of 10 documents shall be provided in MSWORD 2007 Edition. All deliverables shall also be provided as cohesive *.pdf files (e.g., by CD or from an eRoom or ftp site) for ease of file sharing and posting on the Town's web site. 2.30 PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS 1. The Contractor shall not: (A) Knowingly employ or contract with an illegal alien who will perform work under the public contract for services; or (B) Enter into a contract with a Subcontractor that fails to certify to the Contactor that the Subcontractor shall not knowingly employ or contract with an illegal alien who is newly hired to perform work under the public contract for services. 2. The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the employment verification program established pursuant to C.R.S. 8-17.5-102(5) ("the Department Program") or the electronic employment verification program created in Public Law 104-208, as amended, and expanded in Public Law 108-156, as amended and jointly administered by the United States Department of Homeland Security and the Social Security Administration , or its successor program ("the E -verify Program") 3. The Contractor shall use either the E -verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this public contract for services is being performed. 4. The Contractor shall, within twenty days after hiring an employee who is newly hired for employment to perform work under the public contract, affirm that the Contractor has examined the legal work status of such employee, retained file copies of the documents required by 8 U.S.C. 1324a, and not altered or falsified the identification documents for such employees. The Contractor shall provide a written, notarized copy of the affirmation to the Town. 5. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: (A) Notify the Subcontractor and the Town within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and (B) Terminate the subcontract with the Subcontractor if within three days of receiving the notice required pursuant to paragraph 4(A) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor Page 9 of 10 shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 5. The Contract shall comply with any reasonable request by the Colorado Department of Labor and Employment ("the Department") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. 8-17.5-102(5)(a). 6. If a Contractor violates a provision of the public contract for services required pursuant to paragraphs 1-5, the Town may terminate the contract for breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. This Agreement (consisting of Pages 1 to 11 inclusive) and Exhibit A identified above constitute the entire Agreement between the Town and the Contractor and supersede all prior written, oral, or electronic understandings. This Agreement may only be amended, supplemented, modified, or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. Town/Owner: Contractor: Signature: Signature: By: Larry Brooks Town Manager Date: Address for Giving Notice: Town of Avon P.O. Box 975 400 Benchmark Rd. Avon, CO 81620 Attn: Scott Wright swrighaavon.org By: Cuatro Hundley Vice -President Date: Page 10 of 10 Anasazi Trails, Inc. 9 South Arroyo Road Madrid, NM 87010 dirt@anasazitrailsinc.com Exhibit A Scope of Work Anasazi Trails, Inc. 9 South Arroyo Road, Madrid, NM 87010 505-660-3151 June 27, 2008 Ms. Jennifer L. Strehler, P.E., M.B. A. Director of Public Works and Transportation Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 RE: Town of Avon Trails Master Planning Services Dear Ms. Strehler, Anasazi Trails, Inc. (ATI) is pleased to provide our proposal for trail master planning services to the Town of Avon. As part of these services, ATI will evaluate the exiting trails system and make recommendations for improvements that will facilitate creation of a comprehensive linked trail system throughout town with connections to community points of interest, Eagle County trails and adjacent Forest Service trails. ATI will also identify possible new trail construction projects and areas that may warrant re-routing and rehabilitation of existing social trails that are not sustainable and pose maintenance issues and possible liability concerns for the town. In support of this, we will also perform cost estimating for new trail construction projects for the upcoming fiscal year budget cycle. The total estimated cost to complete these services is $30,000.00. A Trails Master Plan is a fundamental tool that can be used to coordinate existing and proposed trail activities with the town's initiatives and policies and serve as a guide in its decisions regarding the locations, funding, and implementation of trails within the Town of Avon's jurisdiction. The proposed scope of services including major tasks, schedule, and estimated cost to complete the work is attached as Exhibit A to the Agreement for Services for your review. ATI appreciates the opportunity to work with the Town on this exciting project. If you have any questions regarding our background information, the trail planning process, or any other aspect of the proposed services, please contact us. Sincerely, Cuatro Hundley Vice-president Exhibit A: Page 1 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 Introduction Anasazi Trails Inc. (ATI) proposes to assist the Town of Avon, Public Works Department in preparing a comprehensive Trails Master Plan. The purpose of the plan is to develop a framework for building and managing an integrated system of new and existing sustainable pathways that will link residents to the outdoors. The network will offer residents close -to -home and close -to -work access to bicycle and pedestrian trails that connect to the Town's most popular destinations and other surrounding trail systems. Avon's sustainable trails system and open space greenways will: • provide opportunities for trail -related education, health and fitness, and recreation; ■ improve access to municipal parks and recreational areas and link homes, workplaces, neighborhoods, and other community facilities; ■ provide local avenues to walk/run, ride a bike, observe nature, take a hike, or commute; ■ help to reduce auto dependency by offering avenues for alternative transportation; • help contribute to the environmental health of the community and encourage sustainable economic growth and quality of life Sustainable Trails Sustainability of trail corridors is defined as the ability of the travel surface to support current and anticipated appropriate uses with minimal impact to the adjoining natural systems and cultural resources. Sustainable trails have negligible soil loss or movement and allow the naturally occurring plant systems to inhabit the area, while allowing for the occasional pruning and removal of plants necessary to build and maintain the trail. If well -designed, built, and maintained, a sustainable trail minimizes braiding, seasonal muddiness, and erosion. It should not normally affect natural fauna adversely nor require re-routing and major maintenance over long periods of time. — National Park Service Natural Resource Management Reference Manual #77, 2006 Company Profile Anasazi Trails, Inc. is an S -corporation established in the State of New Mexico and is owned and operated by Tony Boone and Cuatro Hundley. Anasazi Trails' sole business is planning, design, and construction of sustainable, shared -use, natural surface trails. ATI also provides professional staff and volunteer training, trail condition inventories, and maintenance and rehabilitation services. Trails are our ONLY business and we are passionate about the services we provide! Together, Tony and Cuatro have over 30 years of professional trail building and consulting experience that is deeply founded on sustainable trail design and construction principles and strong natural resources management and outdoor recreation backgrounds. Please see their attached resumes. Tony is also co-owner and president of Arrowhead Trails, Inc. and has been in business for over 15 years with a trail construction portfolio of over 400 miles of sustainable, natural surface trails and has prepared numerous trail master plans for various federal and state agencies, counties and municipalities. For more information on both companies, please visit the following websites: http://www.anasazitrailsinc.com Exhibit A: Page 2 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 http://www.arrowheadtra i] s.com Scope of Work A recreational trail master plan is a fundamental tool the Town of Avon can use to coordinate existing and proposed trail activities with its initiatives and policies and serves as a guide in its decisions regarding the location, funding, and implementation of trails under their jurisdiction. A common intent of trail plans is to standardize and systematize the management of trails. Trail plans can also be used for the coordination of trail projects across agency boundaries where neighboring agencies have mutual goals. A trail plan is best developed by an interdisciplinary team of resource and design professionals. The trail plan will identify where and when trail activities will occur and what uses will be allowed. The plan may include both short-range (up to 5 years) and long-range goals (up to 25 years). Periodic updates to the trail plan can address the long-range goals identified in the original plan. Anasazi Trails, Inc. (ATI) understands that the Town has another consultant scoped to evaluate hard -surface pedestrian and bike trails and bike lanes in the core business areas of the valley floor in Avon as part of the Comprehensive Transportation Plan. For this reason, this Trails Master Plan project will focus on the areas of Avon located north of I70 for programming recreation trails. ATI proposes to accomplish the following major tasks as part of the Town of Avon's trails planning process: Task 1— Initial Project Scoping, Research, and Planning The intent of the initial project phase is to develop a preliminary project description with purpose and goals to serve as the basis of subsequent analyses; gather and assess available technical and scientific information, and evaluate the availability and relevance of data needed to develop the Master Plan and subsequent environmental approvals (e.g. Colorado Division of Wildlife consultation); conduct research activities to gain the insights and opinions of interested individuals and groups as well as representatives of public agencies that have law enforcement or management responsibilities in and adjacent to the project area (e.g. US Forest Service). Working with. Town of Avon staff, ATI will develop the preliminary project description and identify the purpose and goals of the recreational Trails Master Plan. ATI will perform a web search and literature review as part of establishing the scientific and technical information and project background and to establish professional credibility of the trail plan. We will review pertinent planning documents (e.g. Town of Avon Comprehensive Plan, Eagle County Trails Master Plan, etc.) electronically and provide a summary of these documents. Physical visits to other agencies to collect information and data is not part of this scope of work. Using a combination of area -wide base maps provided by the town's GIS department, ATI will identify potential trail corridors, adjacent trails systems for connectivity purposes, boundary constraints, and easements and off -site connections as part of this task. Community involvement is an integral part of the trail planning process. Public meetings are held to gather input from interested citizens and trail users. ATI understands that at least one public meeting relating to the town's trails has taken place and possibly more. ATI will incorporate information gathered during any previous community involvement meetings into the trail plan if provided by town staff ATI will attend the August 2008 Wildridge Community Meeting to present the scope of this project, a map of potential trail projects, and obtain public input on the scope, trail usage, and trail element priorities. Additional community involvement meetings are not planned as part of this scope of work. However, if additional community involvement is needed, we can facilitate the process. ATI will attend at least three (3) planning/scoping meetings with Town of Avon Transportation Engineering, Transportation Planning, and Parks Management staff during the course of this task. Exhibit A: Page 3 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 During the planning process, existing and potential new trail routes will be identified and evaluated through a series of research tasks including aerial photography and topographic map reviews; participation and coordination with agencies that hold responsibility for the health, safety and environmental quality of the trail and its environs; and identification of climactic factors, geographic context, rare species and habitats, topographic relief including aspects and elevation, corridor control points and optimum corridors. Preferred trail routes will be determined based on user safety, liability, ease of use, land ownership, management agency policy and objectives, cost effectiveness, maintenance requirements, stakeholder input and other crucial factors. ATI will also assist the town with new trail construction cost estimating for the 2009 fiscal budget planning process by August 1, 2008. We will provide rough order of magnitude costs for new trail construction that will include costs for engineering and design, mobilization and permits, site preparation/grading, erosion control, contingency, administrative, and trail amenities including trailheads, signage, restrooms, benches, informational kiosks, interpretive displays, and other trail -related items. Task 2 — Sustainability Assessment and Existing Trail Conditions Survey Conducting an assessment particular to natural surface trail sustainability for the project area will help put perspective on the Town of Avon's trail program needs. ATI proposed to prepare a trail sustainability assessment and an existing trail conditions survey. This will be accomplished through professional observations and use of a sub -meter accurate GeoExplorer GPS unit to inventory the existing trail conditions. All collected GPS files will differentially corrected and then submitted to the town's GIS department in a usable GIS compatible format. Existing trail corridors rated as sustainable can be assessed for trail surface sustainability. Trail corridors not rated as sustainable should eventually be abandoned and restored to natural conditions through the new trail design and/or restoration planning processes. Conducting trail sustainability assessments of an individual trail or an area -wide system will help support professional efforts to improve trail sustainability. The assessments will help the town quantify its needs for presentation to its decision makers, funding groups, or grant organizations. Trail corridors that start at appropriate origins, utilize appropriate corridor and intermediary control points, have appropriate profile grades located on appropriate prevailing cross slopes, and end at appropriate destinations have the most opportunity to be sustainable while economizing investment of time and materials over their life cycle. Including a trail sustainability assessment summary of existing trails as an input into the plan ensures that their condition as well as their fitness for continued inclusion in the trail system in their current condition is considered. ATI will identify all existing trail conditions and prepare a sustainability assessment summary of the existing trails as part of the master planning services. A trail surface sustainability assessment taken at 100 -foot stations along the existing trails' center line and then tabulated in a matrix will yield insights into the decision making process across the maintenance and rehabilitation spectrum. Recreation accessibility many times is considered after a trail is implemented and often times cannot be upgraded economically. Shoulder season uses in Colorado needs to be accounted for, as over - snow hiking is common and affects trail sustainability. Task 3 — Trails Master Plan Reporting ATI will draft a Trails Master Plan report and submit it for review by Town of Avon staff. Among other things, the planning document will contain the following information: ✓ Project Background V Purpose Exhibit A: Page 4 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 ✓ Goals ✓ Sustainability Assessment Summary ✓ Agency Documents Summary ✓ Trail Plan Objectives ✓ Geographic Context ✓ Climate Summary ✓ Ecosystem Type(s) ✓ Rare Species and Habitat Analysis ✓ Physical Planning Criteria Summary ✓ Area -wide Base Map Showing Existing and Proposed Trails ✓ Existing Conditions Summary ✓ Landscape Characteristics Summary ✓ Annotated Area -wide Site Analysis ✓ Corridor Control Points ✓ Feasible Trail Corridors ✓ Network Analysis ✓ Corridor Framework ✓ Corridor Implementation Actions Sequences ✓ Trail Management Options ✓ Capital Improvement Plan (CIP) for Trails The CIP for trails will be provided as a table which lists each work element of the trails program (e.g., Buck Creek Trail), a brief description of the work needed, and the estimated cost for such work in 2008 dollars. The list will be prioritized based on public input and our professional assessment of need, so that staff can program resources to execute the program elements over the coming years as funds are available. In an effort to be environmentally responsible, the draft plan will be provided via electronic deliverable format (i.e. MS Word 2007 Edition). ATI will request a 15 calendar day review period by Town of Avon. ATI will present the draft Trails Master Plan results to the public and Town Council at a work session in November 2008. At the end of the review period, ATI will address and incorporate comments and revisions into a final document. In the event, no comments or changes are received by the end of the 15 day review period; ATI will finalize the document and submit it to the town "as is". In the event we receive comments and revisions to the draft Trails Master Plan, we will incorporate these changes into a final Trails Master Plan within 5 working days after receipt and deliver one (1) bound hard copy and one (1) electronic copy of the Final Trails Master Plan on CD in .pdf format. Additional hard or electronic copies can be provided upon request for an additional cost. Proposed Schedule Task Cost Estimating for 2009 New Trail Construction Projects Initial Project Scoping and Field Work Wildridge Community Meeting Presentation Draft Master Plan Preparation Draft Plan Review Presentation to Town Council/Public (work session) Incorporate Comments Deliver Final Master Plan Project Cost Estimate Exhibit A: Page 5 of 10 Project Schedule Mid -July — August 1, 2008 August 1— September 31, 2008 August 14, 2008 (town to verified date) October 1 — October 31, 2008 November 1— November 15, 2008 November 11, 2008 November 16 —November 21,2008 November 24, 2008 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 Task Task 1 — Initial Project Scoping, Research, and Planning Task 2 — Sustainability Assessment/Trail Conditions Survey Task 3 — Trails Master Plan Reporting Project contingency Cost Estimate* $ 6,936.00 $ 13,747.00 $ 8,009.00 $ 1,308.00 Total Estimated Cost to Complete $ 30,000.00 *Includes all services, materials, and New Mexico business tax of 7.9375%. Anasazi Trails, Inc. Trail Master Planning Rates 2008 Project Title Project Manager GPS Field Technician' GIS Support Administrative Assistant Other Direct Costs Mileage Per Diem Partial Per Diem 8.5" x 11" Copies/Prints Black and White Color 11" x 17" Copies/Prints Black and White Color Color Maps C Size (17" x 22") D Size (22" x 34") E Size (34" x 44") Labor Rate $90/hour $135/hour $70/hour $45/hour Rates $0.505/mile2 $240/day3 $48/day4 $0.12/page $0.60/page $0.15/page $0.80/page $20.00/each $30.00/each $60.00/each Notes: 1 Field time hours only and includes Trimble GeoExplorer XT GPS unit and corrected data file deliverables 22008 GSA Personal Owned Vehicle Rate (All travel will originate from Denver) 32008 GSA Domestic Rate - Eagle Co., CO for lodging, meals, and incidental expenses 42008 GSA Domestic Rate - Eagle Co., CO for first and last day only (60% of meals and incidental expenses) Exhibit A: Page 6 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 Anasazi Trails, Inc. — Resumes of Key Staff Tony Boone, President Tony received his Bachelors of Science degree in Animal Science and his Masters of Education in Outdoor Education/Adventure Recreation from Texas A&M University. He worked in natural resources management from 1987 through 1994 with Boulder County Parks & Open Space, where he developed, implemented and supervised: the Park Ranger Program, the Boulder Regional Conservation Crewleaders Program, numerous Trail Management and Resource Management Plans, Biological Weed Management Plan, Cultural Resource Management Program including an Artifact Cataloging System and an Oral History Program, and Provided Teacher -in -Service training for Project WILD, Project Learning Tree, Volunteer Naturalist Program, and the Walker Ranch Living History Program. Tony has trained thousands of volunteers and staff in "Sustainable Trail Design and Construction" including the International Mountain Bicycling Association, U.S. Forest Service, Colorado State Parks, Colorado Youth Corp Association and the Wyoming Conservation Corps. He has prepared over twenty recreational Trail Master Plans and has delivered numerous presentations at national conferences on cutting edge, sustainable trail building techniques. Few people in the private sector of the trail building industry can match Tony's twenty years of professional resource management and trails planning and construction expertise. Cuatro Hundley, Vice President Cuatro earned his Bachelors of Science degree in Natural Resources Management from Texas A&M University and his Masters degree in Environmental Policy and Management from the University of Denver. From 1985-1996, Cuatro pursued several aspects of natural resources management and worked for the Safari Club International where he was a volunteer trail crew leader in the Bridger-Teton National Forest. He worked two years for Jackson Hole Ski Corporation as a trail crew member on a drilling/blasting and re -vegetation crew in the summer and ski lift operator in the winter. Cuatro also worked as a climbing guide for Jackson Hole Mountain Guides, as a trail crew member for the U.S. Forest Service, a hatchery technician for Cline Trout Farms, a park ranger for Boulder County Parks & Open Space, wildlife and fisheries biologist for the Colorado Division of Wildlife and National Marine Fisheries Service, and field operations manager for Colorado Mosquito Control before going back to further his education. In 1995, Cuatro obtained his Masters degree from the University of Denver in Environmental Policy and Management. From 1996-2006, Cuatro was an environmental scientist and project manager for Earth Tech, Inc. While working for Earth Tech, he earned his senior level Certified Hazardous Materials Manager certification in 1999 and successfully completed a 10 -hour Occupational Safety and Health Administration training course in Construction Safety & Health. Mr. Hundley is also Trimble Certified GPS Mapping and TerraSync software user. Prior to forming Anasazi Trails, Inc. with Tony Boone, he also worked as trail crew leader and project supervisor for Arrowhead Trails, Inc. Cuatro has experience operating machinery and heavy equipment including skid steers, track carriers, articulating loaders, mini -excavators, SWECO 480 dozer, chain saws, and other trail construction power tools. He also has experience with rock work, concrete, and carpentry. Exhibit A: Page 7 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 G SAN C3flog13;J11ic S?I'i`i s Statement of Qualifications for Mountain Mapping (Subcontractor to Anasazi Trails, Inc.) Yvonne Barnes - Owner, Cartographer, GIS Analyst Mountain Mapping 136 1/2 East Second Salida, CO Tel. - 719.539.7879 Email - mtnmap@chaffee.net Education B.A. Geography- University of Kansas, Lawrence, KS, 1988 • Emily Taylor Scholarship- three years • Dean's Honor Roll- two years, Presidential Honor Roll- one semester • Outstanding College Students of America, 1987 Employment Mountain Mapping, Salida, CO, Cartographer & GIS Analyst- Feb. 2006 to Present Productivity Links, Inc., Salida, CO, Cartographer, Senior GIS Analyst- 1998-2006 Colorado State Parks, Salida, CO, Cartographer & Planner- June 1996 -Sept. 1996 Cathexis Consulting, Salida, CO, Cartographer- June 1996 -Sept. 1996 M.J. Harden Associates, Kansas City, MO, Senior GIS Analyst- 1989-1998 Professional Memberships Sangre de Cristo GIS Steering Committee- Board Member GITA- Geospatial Information & Technology Association Member Professional Skills • Completely familiar with of all aspects of data acquisition and map production. • Expert organizer of all aspects of GIS design, capture, production and layout. • Experience with securing data from outside agencies, vendors and subcontractors. • Established analytical and innovative problem -solving skills. • Exceeds expectations with production schedules and operating budgets. • Team -oriented with respect to project management and communication skills. • Consensus builder for regional and local planning committees. • Quality Control specialist. Exhibit A: Page 8 of 10 Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 nd C'io r� pi �� S i vii;zs Statement of Qualifications for Mountain Mapping (continued) (Subcontractor to Anasazi Trails, Inc.) Completed GIS and Mapping Proiects Colorado: Chaffee County Trails Plan GIS and Map Southern Chaffee County Parks and Recreation Plan GIS and Map Chaffee County Tree Stand Density GIS and Map Chaffee County Fire Protection District GIS Chaffee County Heritage Planning GIS: Chaffee County Planning and Zoning Natural Resources GIS Chaffee County Planning and Zoning Planning GIS Chaffee County Planning and Zoning Transportation GIS Chaffee County Planning and Zoning Utilities GIS Chaffee County Planning and Zoning Water & Sewer GIS Chaffee County Planning and Zoning Cultural GIS Arkansas Headwaters Recreation Area Trail Planning Maps Land Trust of the Upper Arkansas Conservation Priority GIS Gold Belt Scenic Byway Heritage Landscape Planning GIS and Map Salida Mountain Trails Park Planning GIS Town of Poncha Springs GIS City of Salida Zoning GIS City of Salida Lots and Blocks GIS City of Salida Growth Area Boundaries Map City of Salida Fire Department GIS City of Salida Police Department GIS Leadville Lake County Fire Department GIS Lake County Parcel Mapping Consultation Heart of the Rockies Chamber of Commerce Map Colorado Springs Academy School District Twenty Transportation Map Greater Arkansas River Nature Association Gun Club Clean -Up Map Salida area Parks, Open -space and Trials Historic Hutchinson Homestead Map North Carolina: Anson County Water Department GIS Anson County Wastewater Department GIS Anson County Chamber of Commerce Map Anson County Board of Elections Map Anson County Zoning GIS Greenmaps of Robison County Maps Texas: Williamson County Bicycle Route Map Exhibit A: Page 9 of 10 GIS And Cai'1ogrd )hic Sir ius Proposal for Services Town of Avon Trails Master Plan Anasazi Trails, Inc. July 2008 Statement of Qualifications for Mountain Mapping (continued) (Subcontractor to Anasazi Trails, Inc.) South Carolina: Myrtle Beach Area Chamber of Commerce Map Hardware / Software Knowledge Thoroughly familiar with cartographic production utilizing GIS software and desktop publishing • ESRI Products: ArcGIS 9.1 (ArcView), ArcGIS 8.2 (ArcInfo), ArcView 3.3, Spatial Analyst. • CorelDraw Graphics Suite. • National Geographic TOPO! • Intergraph/Bentley System Products: FRAMME, VMS, DMRS, IRASC, IRASB, Microstation. • PC Windows Systems. Technical Skills GIS • Assigning and working with various datum and projections. • Integration of GPS, DXF, DWG, DEM, raster and various other formats into GIS and map production. • Spatial analysis using weighted methodology. • Aerial Photo Interpretation. • Deed layout, field survey, site drawings and as -built record compilation. • Digitizing of hard copy maps. • Rubber sheeting. • Field GPS gathering. Graphics Art • Creation of line, styles, symbols and color pallets. • Exact layout techniques for high quality map production. • Building of color specifications. Exhibit A: Page 10 of 10 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E. Town EngineerIpt ft - Date: July 17, 2008 Re: Inter -Mountain Engineers and Terrasan Landscape Architects proposal to update the April 2000 East Beaver Creek Blvd Streetscape Improvement Plans Summary: Inter -Mountain Engineers (IME) with Terrasan Landscape Architects have provided a proposal to update the April 2000 East Beaver Creek Blvd. Streetscape Improvement Plans as discussed in the June 24, 2008 Town Council work session. IME total base service fee is $78,845 and is not to be exceeded without prior written approval. Background: On November 13, 2001, the Town of Avon (TOA) Town Council adopted an ordinance approving the First Amendment to the Annexation and Development Agreement for the Village (at Avon). There is a requirement in Section 4.3(b) of the Development Agreement which requires the Town to design and obtain any necessary right-of-way for the East Beaver Creek Blvd. streetscape project and the Traer Creek Metro District (District) to construct the improvements and reimburse the Town for any out-of-pocket costs incurred by the Town in obtaining the right-of-way. On October 26, 2004, the TOA Town Council adopted Ordinance 04-17 approving the Third Amendment to the Annexation and Development Agreement for the Village (at Avon) (Development Agreement). In Section 4.3(b)(iii) of the Third Amendment to the Development Agreement delayed the Phase 3 improvements for East Beaver Creek Blvd. to be started by April 15, 2009, and completed by December 31, 2009 from the same dates in 2005. The Phase 3 Improvements consist of reconstructing East Beaver Creek Blvd. from the western terminus of Beaver Creek Place to the western boundary of The Village (at Avon). The improvements are to be in general conformance with the East Beaver Creek Blvd. Streetscape Improvement Plans (Plans) dated April 2000, prepared by Inter -Mountain Engineering, Ltd. Previous Council Action: • Town Council approved the Village (at Avon) the Annexation Agreement for the Village (at Avon) on October 13, 1998 • Town Council approved the First Amendment to the Annexation Agreement for the Village (at Avon) on November 2001 • Town Council approved the Second Amendment to the Annexation Agreement for the Village (at Avon)on May 27, 2003 • Town Council approved the Third Amendment to the Annexation Agreement of the Village (at Avon) on October 26, 2004 and Development and Development and Development and Development Discussion: The 2008 Capital Improvements Projects (CIP) budget includes $300,000 to update the design of the East Beaver Creek Blvd Streetscape Project and obtain any necessary easements or right-of-way for the construction of the streetscape project. Section 4.3(b) of the Development Agreement states TOA is responsible for obtaining all property and right-of-way required for the East Beaver Creek Blvd. improvements and all out-of-pocket costs incurred by the TOA shall be reimbursed by the District. The District is responsible for constructing the improvements and is • Page 1 required to initiate construction by April 15, 2009 and cause completion on or before December 31, 2009. The existing Plans show East Beaver Creek Blvd. being widened to accommodate new center islands with landscaping. The islands will help control left hand turns into the numerous private drives. The disadvantage of the islands is that they dp not accommodate the turning movements of large delivery vehicles and TOA buses. Also, widening E. Beaver Creek Blvd will require the TOA to purchase, and potentially condemn, additional right-of-way, removal of numerous existing trees and landscaping, and significantly reduce the amount of snow storage. This proposal is to update the Plans to remove the islands. Also, the April 2000 Plans show 12 -foot wide lanes and Staff is recommending that they be reduced to 10 -foot wide lanes. These two modifications will significantly reduce the amount of easements and right-of-way required for the project. Financial Implications: There is $300,000 budgeted this year for the East Beaver Creek Blvd. Streetscape Project. These funds are intended to be reimbursed by the Traer Creek Metro District. Recommendation: Approve the attached proposal to update the April 2000 East Beaver Creek Blvd. Streetscape Improvement Plans prepared by IME and Terrasan for an amount not to exceed $78,845. Proposed Motion: Move to approve the Agreement for Professional Services with IME for the East Beaver Creek Blvd Streetscape Improvements for an amount not to exceed $78,845. Town Manager Comments: Attachments • Exhibit A — Agreement for Professional Services with Inter -Mountain Engineering for the East Beaver Creek Streetscape Improvements • Page 2 EXHIBIT A 41 Inter-Moun₹ain ENGINEERING Civil Engineers & Surveyors Agreement for Professional Services Project No: 08-0023 Date: July 15, 2008 This Agreement is made by and between Inter -Mountain Engineering, Ltd. (hereinafter referred to as "IME"), and Town of Avon (hereinafter referred to as "Client"). All notices and communication from IME to Client are to be addressed to: Client: Town of Avon Address: PO Box 975, Avon , CO 81620 Attention: Justin Hildreth Phone: 748-4080 Project: Project Name: Legal Description: Street Address: Fax/e-mail: 748-4081 East Beaver Creek Boulevard Street Improvements Basic Services: IME agrees to provide the following Basic Services: Phase 1- Preliminary Design 1. IME survey crew to survey site and pick up any site changes since last survey was completed on the subject property. 2. Revise existing/create new topographic survey for use as a base map of East Beaver Creek Blvd, 3. Revise East Beaver Creek Blvd streetscape plans, which were originally designed in 2000 as part of the East Avon Streetscape project, to reflect the Town's current needs for approximately 1700 if of roadway. a. This includes two, lane -narrowing alternatives, while minimizing the impacts to adjacent properties and landscaping. i, 10 -ft Lanes ii. 11 -ft Lanes b. Plans will include design for bike lanes and sidewalks. The locations of these items may be modified based on design changes. c. Complete AutoTurn analysis to determine if medians will be affected. d. If Autoturn determines that raised medians will not allow for the required turning radii, IME will look into the possibility of using painted medians or other alternatives. 4. Once an alternative is chosen by the Town, the preliminary plan set will include a cover sheet, site plan, grading plan and profiles, utility plan, demolition plans, and a striping plan. Client's Initials I of 6 IME's Initials H:\IME Office\IME Proposals\TOA EBCB\TOA EBCB Agreement for Professional Services 5-I-0S.doe 5. Once a preliminary site plan has been approved, IME will provide the base map an d site plan to Terrasan Planning and Landscape Architecture to prepare a preliminary plan for the streetscape enhancements for the project area. Please seethe attached proposal from Terrasan for detailed information. 6. Prepare a Preliminary Stortnwater Management Report, which is required for sites disturbing more than 1/2 -acre. 7. Preliminary Engineer's Opinion of Probable Costs. 8. Attend four (4) meetings with the Town, the Traer Creek Metro District, and the Village at Avon. Phase 2 - Final Design I. Based upon comments received from Preliminary Design review and discussions; prepare final design plans. 2. In addition to final site plans, grading plans and profiles, utility plans, demolition plans, and striping plans; the final plan set will include detailed cross sections at important, and construction details. 3. HP Geotech will provide a pavement design based on 7 borings taken throughout the subject property, and 3-4 cores of the existing pavement where will be milling and overlay will be done. 4. Update construction details to account current construction practices, Town requirements and Eagle River Water and Sanitation District Standards. 5. Final Stormwater Management Report. 6. Erosion and Sediment Control Plan (SWMP). 7. Prepare Final Engineer's Opinion of Probable Costs. 8. Prepare Contract Documents and Technical Specifications. Exclusions and Extras: IME's basic services do not include the following: drainage analysis, environmental; material or compaction testing; review, permit application, or connection fees; design of structures or structural retaining walls (over 4' tall), roof or foundation drains, landscape or irrigation systems, electrical, lighting or communication systems, snowmelt systems, or dewatering systems. In addition, these basic services do not include the creation of permanent or temporary construction easements. It is IlVIE's opinion that the scope of this work can be more accurately defined, after, a final site plan has been established by the Town. IME is also excluding any CDOT coordination at this time in the hopes that the site plan can be created without any disturbance in the CDOT Right -of -Way along 1-70. Additional meetings beyond the four (4) included in the basic services will be treated as extra services. Fees: Phase 1: Preliminary Design Phase 2: Final Design Documents Landscape Architect Subcontract times 15% Geotechnical Engineer Subcontract times 15% $31,235.00 $16,790.00 $20,585.00 $10,235.00 $78,845.00 IME agrees to provide the Basic Services included in this agreement for a fee not to exceed $78,845.00 plus reimbursable expenses. Additional and extra services will be billed hourly, at the normal billing rates for the 2 of 6 Client's Initials IME's Initials H:\IME Office\IME Proposals\TOA EBCB\TOA EBCB Agreement for Professional Services 5-t-08.doc individuals assigned to complete such services. Hourly rates for IME's services are listed in the appended fee schedule. Schedule: IME will begin surveying and base mapping within one week of receiving this signed agreement. It is anticipated that final documents and services contemplated in this agreement will be completed by February 2009. Services will commence upon verbal authorization by Client; however, services may be suspended without notice if this signed agreement is not returned within 10 days. 3 of 6 Client's Initials IME's Initials H:\IME Office\IME Proposals\TOA EBCB\TOA EBCB Agreement for Professional Services 5-I-0&.doc Responsibilities of Inter -Mountain Engineering, Ltd.: IME will perform professional engineering and/or professional surveying services as specified under "Basic Services" and when authorized, "Additional Services". Responsibilities of Client: Provide all criteria and full information as to the requirements of the project. Furnish all appropriate tests, reports, and surveys not included in Basic Services. A Title Insurance policy shall be provided when a survey is included in Basic Services.IME shall be entitled to rely upon the accuracy and completeness of such information. Render approvals and decisions as expeditiously as necessary for the orderly progress of IME services. Give prompt notice to lME of any development that affects the scope or timing of its services. Coordinate the services of IME with those of others. Give complete and careful consideration to services and recommendations provided by IME. Provide "Right of Entry" for IME and all necessary equipment. IME will take reasonable care to reduce damage to property, however, it is understood that in the normal course of work, some damage will occur, the repair of which is not part of this agreement. Delineate the location of all utility lines and subterranean structures within the property. IME shall not be responsible for damage resulting from their incorrect location. Recognize that subsurface conditions may vary from those encountered at the locations where explorations are made, and that data, interpretations and recommendations made by IlMIE are based solely on the information available to it. Make a reasonable effort to evaluate whether hazardous materials are on or near the project site and inform IME of any information or findings relative to the possible presence of such materials. Should unanticipated hazardous material be discovered in the course of the performance of services under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require IME to take immediate measures to protect health and safety, Client agrees to compensate ME for costs incident to taking such measures and for any equipment decontamination required.1ME agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosure required by law to appropriate government agencies. Furthermore, Client agrees to defend, indemnify and hold 1ME harmless from any and all liability arising from discovery by anyone of unanticipated hazardous materials or suspected hazardous materials. Compensation: IME shall submit invoices to client monthly and a final bill upon completion of services. The Client shall review the invoices promptly. The Client shall either approve these invoices or notify IME within 10 days of any invoices not approved. The Client and IME shall confer and attempt to resolve such disputed invoices. Undisputed invoices are due upon presentation, and past due 30 days after the invoice date. Disputed invoices are due 30 days upon resolution. Client agrees to pay a service charge of 1 3/4 percent per month on past due accounts. Nit becomes necessary to enforce collection, client agrees to pay all costs of collection, including attorney's fees. It is understood that estimates of professional fees are based upon the preparation of designs, reports, or surveys for a single design concept or site plan, and that charges to that concept or additional engineering required by governing agencies (except normal "Redlines") shall constitute an increase in the scope of services. Additional Services ("Additional Services") shall be billed at the normal billing rates for the individuals assigned to the work. No Additional Services will be provided without prior authorization. Standard of Care: Services of IME under this agreement will be performed in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the locality of the project. Dispute Resolution: In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and IME agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and IME further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. Indemnification: IME agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by 1ME's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom IME is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless IME, its officers, directors, employees and subconsultants (collectively, IME) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the 4 of 6 Client's Initials IME's Initials H:\IME Office\IME PropasaIs\TOA EBCB\TOA EBCB Agreement for Professional Services 5-t-o8.doc extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor ME shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. Corporate Protection: IME's services in connection with the Project shall not subject IME's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against IME, a Colorado limited liability corporation, and not against any of IIVIE's individual employees, officers or directors. Risk Allocation: IME liability for damages to client arising from negligent acts, errors or omissions, will be limited to an aggregate amount not to exceed $50,000 or the total fee under this agreement, whichever is greater. This limitation shall apply to IME, its officers and employees. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor IME, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and IME shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Ownership of Documents: All reports, drawings, specifications, notes and other documents prepared by IME in the course of providing services are instruments of service and shall remain the property of IME. These documents are not intended to be suitable for reuse on extensions of this project or for use on any other project. Documents shall not be altered in any manner without the permission of IME. Construction: Client agrees to require the construction contractor to assume sole and complete responsibility for the construction of the project including the safety of persons and property and the means, methods, techniques and sequences of construction. If IME is not providing services during construction, client hereby agrees to contact IME if construction documents are unclear or if errors or discrepancies are discovered. TIME shall not be liable where client and/or contractor makes his own interpretations of and/or revises the intent of the construction documents. The Client assumes all responsibility for interpretation of the construction documents and for construction observation and the Client waives any claims against MME that may be in any way connected thereto. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold IME, its officers, directors, employees and subconsultants (collectively, IME), harmless against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to the construction documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of IME. If construction observations are provided, the term "Observation" implies only that IME would observe the progress of the contractors work and review test results, from which to develop an opinion as to whether the work essentially complies with the job requirements. Our efforts shall be directed at providing the client with a greater degree of assurance that construction is proceeding in accordance with project requirements. The presence of IME representatives will be for the purpose of providing observation only. IME's services do not include supervision or direction of actual work of the contractor, his employees or agents. Neither the presence of IME representatives nor their observations shall excuse the contractor in any way for defects discovered in his work. Any opinions of project cost rendered by IME represent its best judgment and are furnished for general guidance. IME makes no warranty as to the accuracy of such opinions as compared to bid or actual costs. Insurance: IME and its employees are protected by insurance which meets or exceeds statutory requirements for Workman's Compensation, Public Liability, Property Damage and Professional Liability. Certificates evidencing coverage will be provided upon request. THE shall in no event be responsible for any loss or damage beyond the amounts, limits and conditions of such insurance. Miscellaneous: This agreement shall be governed in accordance with Colorado law. Services are for the exclusive use of the Client for this specific project. These services are not to be relied on by others without the specific authorization of IME. Neither party shall assign or transfer any interest in this agreement without the written authorization of the other. 5 of b Client's Initials IME's Initials H:\IME Office\IME Proposals\TOA EBCBITOA EBCB Agreement for Professional Services 5-1-08.doc This agreement may be terminated by either party upon 7 days written notice to the other, in which case IME shall be paid for all services provided up to termination, plus all additional cost incurred by IME due to said termination. Acknowledgement: CLIENT: Authorized By: Print Name: Title: Date: INTER -MOUNTAIN ENGINEERING LTD. 40801 U.S. Hwy. 6, Suite 203 Box 978 Avon, Colorado 81620 6551 S. Revere Parkway, Suite 165 Centennial, Colorado 80111 By: J`--) Title: Project Engineer Date: 7— lcs.—d0 6 of 6 Client's Initials IME's Initials H:\IME Office\IME Proposals\TOA EBCB\TOA EBCB Agreement for Professional Services 5-I-08.doc TERRASAN PLANNING AND LANDSCAPE ARCHITECTURE EXHIBIT A EAST BEAVER CREEK BOULEVARD IMPROVEMENTS PROJECT CONSULTANT'S SCOPE OF WORK PROJECT DESCRIPTION 1.01 Project Purpose A preliminary streetscape design was prepared for East Beaver Creek Boulevard in 2000 as part of the East Avon Streetscape Project. The Beaver Creek Boulevard portion of the project was not finalized and was put on hold. The design is to be evaluated and revised as necessary to bring it up to current town standards and goals. It is anticipated that the proposed street widths will be adjusted along with the location of the curb and walks. 1.03 Terrasan's Scope of Work Terrasan will provide landscape architectural and irrigation design services. Terrasan will be responsible for streetscape enhancements including landscape, urban design and pedestrian circulation. Terrasan will coordinate with other members of the consultant team on streetscape and pedestrian design issues. PHASE ONE: PRELIMINARY DESIGN 1.01 Project Startup Review existing plans and assemble base information. Meet with the Town staff and consultant team to review project goals, objectives, schedule and budget. 1.02 Site Visits, Review and Analysis Visit the project site to review existing conditions and proposed improvements. 1.03 Design Review The existing design will be reviewed with the Town staff and the consultant team. The current design scheme and anticipated changes will be reviewed. 1.04 Preliminary Plan Upon receipt of the revised civil engineering base file, Terrasan will prepare a preliminary plan for the streetscape enhancements for the project area. The plan will illustrate pedestrian paving, landscape, street lighting and site furniture in a design similar to the previously completed East Avon Streetscape project. 1660 GILPIN STREET DENVER, COLORADO 80218 TEL (303) 331-1717 FAX (303) 331-1815 1.05 Preliminary Irrigation Design Prepare a preliminary irrigation based upon the preliminary streetscape design. 1.06 Preliminary Cost Estimate Prepare a preliminary cost estimate based upon the preliminary plan for streetscape enhancements. 1.07 Preliminary Plan Review and Comment Attend up to two (2) meetings with the design team to present and review the preliminary plan with the Town staff, Town Council and the Planning and Zoning commission. 1.08 Project Coordination Up to three (3) project coordination meetings with members of the consultant team and or Town staff are included in this phase. PHASE TWO: FINAL DESIGN 2.01 Final Streetscape Plan Based upon comments received on the preliminary design from the Town staff, Town Council, Planning Commission, and general public, prepare a final plan for the streetscape enhancements for the project area. 2.02 Final Irrigation Plan Prepare a final irrigation plan based upon the streetscape plan. 2.03 Final Plan Review and Comment Attend up to two (2) meetings with the design team to present and review the final plan with the Town staff, Town Council and the Planning and Zoning Commission. 2.04 Construction Documents and Specifications Based upon the final plan, prepare construction documents and specifications for construction that include, at a minimum, the following. The construction documents will, be drawn per Town standards. a. Terrasan's drawings and specifications will be incorporated into the prime consultant's bid documents. b. Layout plans and site details for streetscape improvements including decorative paving, pedestrian plazas, and street furniture. c. Irrigation plans and details. d. Planting plans and details. e. Technical Specifications (CSI format). RFP/East Beaver Creek Boulevard Improvements Project Page 2 2.05 Prepare a final statement of probable construction costs 2.06 Bid Administration Services a. Attend one (1) pre -bid meeting. b. Answer bidder questions to clarify intent of construction drawings and technical specifications and assist Town staff with the preparation of any necessary addenda. c. Provide revised construction drawings and technical specifications resulting from any necessary addenda. 2.07 Project Coordination Up to three (3) project coordination meetings with members of the consultant team and or Town staff are included in this phase. WORK NOT INCLUDED A. Surveying and/or Base Mapping Surveying or base mapping services are not included in this proposal. B. Geotechnical Soils Investigations Geotechnical soils investigations are not included in this proposal. C. Engineering Services Structural, civil, or electrical engineering services are not included in this proposal. D Construction Observation Construction Observation services are not included in this proposal. EAST BEAVER CREEK BOULEVARD IMPROVEMENTS - BASIS OF COMPENSATION Compensation for the professional services described in this proposal shall not exceed Seventeen Thousand Nine Hundred Dollars ($17,900.00) including reimbursable expenses. Terrasan will bill monthly based upon the time and materials spent on the project. Phase 1: Preliminary Design Phase 2: Final Design Reimbursable Expenses TOTAL $6,200.00 $9,700.00 $2,000.00 $17,900.00 RFP/East Beaver Creek Boulevard Improvements Project Page 3 HOURLY RATE SCHEDULE Professional services requested by the Town of Avon that are in addition to those listed in the scope of work above shall be billed at the following hourly rates. All additional services will require written authorization. TERRASAN Principal Project Manager Landscape Architect CADD Operator Technical/Clerical Subconsultant: Cost plus 15% REIMBURSABLE EXPENSES $120.00/hour $100.00/hour $90.00/hour $75.00/hour $50.00/hour Reimbursable expenses are billed in addition to professional services at cost. Reimbursable expenses include reproductions, copies, postage, faxes, and courier services. Copies Color Copies Bond Plots CDs Faxes Postage/Delivery Long Distance Phone Automobile Mileage AGREEMENT $ 0.15 ea. $ 1.50 ea. $ 12.00 ea. $ 5.00 ea. $ 1.50 page at cost at cost $ 0.59 mile In accordance with the attached Terms and Conditions this agreement is made between: and d -651,0-k Date July 7, 2008 George M. Pierce Date President for and on behalf of TERRASAN, Planning and Landscape Architecture, Inc. RFP/East Beaver Creek Boulevard Improvements Project Page 4 nter-Mountain NGINEERING Civil Engineers RE Surveyors PROFESSIONAL FEE SCHEDULE January 1, 2008 PROFESSIONAL FEES: Principal Engineer Project Manager Senior Engineer Project Engineer Design Engineer Field Engineer Surveyor Survey Crew without GPS 2 Man Survey Crew with GPS 1 Man Survey Crew with GPS Senior Technician Technician Technical Typist Computer Processing Photocopies Blueprinting Outside Services Mileage @ $0.50 per mile $140.00/hr $120.00/hr $105.00/hr $95.00/hr $85.00/hr $75.00/hr $105.00/hr $135.00/hr $155.00/hr $130.00/hr $85.00/hr $75.00/hr $40.00/hr $65.00/hr $0.15/each $3.50/sheet Actual Cost +15% Schedule overtime (after 6:00 p.m. and weekends) 1.5 x base rate. Overtime must be scheduled 24 hours in advance on weekdays and on Thursday for weekends. 6551 S. Revere Parkway, Ste. 165 • Centennial, Colorado 80111. Phone: 303-948-6220 • Fax: 303-948-6526 40801 US Hwy 6 & 24, Ste. 203 • P.O. Box 978, Avon, Colorado 81620 • Phone: 970-949-5072 • Fax: -970-949-9339 Toll Free: 800 856 2258.916 Palmer St. • Salida, Colorado 81201 • Phone: 719 539 1 183 • Fax: 719 539 1 183 I{E,RT tL. VALLEY TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, JULY 22, 2008 MEETING BEGINS AT 11:30 AM 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 11:30 AM - 12: 00 PM 1. EXECUTIVE SESSION pursuant to CRS 24-6-402(4)(b) to confer with town attorney for the purposes of receiving legal advice on specific legal questions regarding water issues 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 12:00 PM — 12:15 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Eagle County Open Space Committee Update (Ron Wolfe, Mayor) b. Wildridge Community Meeting & Ice Cream Social Agenda for August 14th, O'Neal Spur Park at 6:30 PM / Memo only 12:15 PM — 2:45 PM 4. REVIEW TOWN ATTORNEY PROPOSALS / INTERVIEW ATTORNEYS WITH THE FOLLOWING LAW FIRMS: a. 12:15 PM— 1:00 PM Eric Heil, Widner Michow & Cox, LLP b. 1:00 PM — 1:45 PM Jerry Dahl, Dahl Keuchenmeister Renaud, LLP c. 1:45 PM — 2:30 PM Lee Phillips, Hayes, Phillips, Hoffmann & Carberry, P.C. d. 2:30 PM — 2:45 PM Discussion 2:45 PM — 3:30 PM 5. COMMUNITY REVITALIZATION: STRATEGIC ADVISORY SERVICES (Anne Ricker, Leland Consulting Group) Review of proposal that will assist in evaluating the feasibility of urban renewal in Town Center East 3:30 PM — 4:00 PM 6. REVIEW 2008 BUDGET REVISIONS (Scott Wright, Assistant Town Manager Finance) Proposed budget revisions to general fund and transit Enterprise Fund 4:00 PM — 5:00 PM 7. . WASTE HEAT RECOVERY PROJECT UPDATE (Jenny Strehler, Director of Public Works & Transportation, Scott Vandenburgh, CDM, Inc.) Discussion of the facilities needed to create an environmentally -friendly and cost-effective heating system available for multiple public uses / Joint project with the Eagle River Water and Sanitation District 5:00 PM 8. ADJOURNMENT Avon Council Meeting.08.07.22 Page 1 of 5 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jennifer Strehler, Public Works Director Date: July 22, 2007 Re: Staff Updates — Wildridge Open House Meeting (August 14, 2008) Summary: The Public Works and Community Development Departments will be hosting an open house meeting and ice cream social in O'Neil Spur Park on August 14th, 2008, beginning at 6:30 PM. Background: In a continuing effort to seek citizen input on various projects and proposed programs the Public Works and Community Departments will host an informal ice cream social meeting in the Wildridge O'Neil Spur Park. Discussion: Citizens will be invited to the meeting through advertisement via the variable message boards, news releases to the media and public contacts. The below topics will be addressed and citizens will also have an opportunity to ask questions of staff. POLICE • National Night Out Follow-up — Chief Kozak will summarize the activities and discussions from the August 5th National Night Out Event. PUBLIC WORKS / TRANSPORTATION • O'Neal Spur Park - Rob Janusz (PW) will discuss the new dog off -leash area and rules for use. • Trails Master Plan - Rob Janusz (PW) and Cuatro Hundley (Anasazi Trails Inc.) will describe the project, discuss the scope with residents, and conduct a survey regarding trail usage. • Road Maintenance - Jenny Strehler (PW) will discuss lessons learned from the heavy snows during winter 2007-08 and will discuss the ordinance AMC 12.16 regarding ditch maintenance. COMMUNITY DEVELOPMENT / ENGINEERING • Avon Town Center Redevelopment — Justin Hildreth (E) will provide an update on the schedule for several major projects currently under design or in construction. • Wildridge Paving Projects — Shane Pegram (E) will report progress/results of the 2008 paving work in Wildridge and describe what can be expected for 2009. RECREATION • Shut -down plans for month of October Financial Implications: A local ice cream vendor will be contracted by the Town; it is estimated that the cost will be less than $300. Recommendation: No action is necessary. Town Manager Comments: Avon Urban Renewal Authority Memo To: Board Chairman and Commissioners Thru: Larry Brooks, Executive Director From: Scott Wright, Treasurer Date: July 17, 2008 Re: Community Revitalization / Strategic Advisory Services Summary: The attached proposal from Anne Ricker with Leland Consulting Group will be presented to Town Council by Ms. Ricker during the Council worksession on Tuesday. The presentation is being made during the worksession instead of the Avon Urban Renewal Authority meeting because of scheduling issues. Ms. Ricker was the consultant engaged by the Town to prepare the Town Center West Urban Renewal plan last year. Staff has now requested Ms. Ricker's assistance in evaluating the feasibility of urban renewal in Town Center East as it relates to both the Town and Authority's goals and objectives, market opportunities and economic incentive policies, and in light of the recent PUD application by Avon 21. Financial Implications: The estimated fee for the initial phase of this proposal is as follows: Meeting materials (2 workshops) TIF application process materials Project participation criteria Road show PowerPoint $ 6,300 1,100 3,700 1,500 Total Initial Phase $12,600 Page 1 The second phase of the proposal would involve the preparation of an urban renewal plan and impact reports and the presentation of materials to the necessary boards in that context. The proposed fee for the second phase is $25,000. Staff will return later in the year with a presentation and recommendation should the results of the initial phase indicate that an urban renewal plan should be prepared for Town Center East. Recommendation: Staff recommends that the Authority approve expenditures not to exceed $12,600 for the initial phase of the proposal and authorize the Executive Director to execute a professional services contract for the services identified above. Executive Director Comments: Attachments: A — Leland Consulting Group proposal • Page 2 LELAND CONSULTING GROUP ILO 27 June 2008 (revised 17 July 2008) Mr. Scott C. Wright Finance Director TOWN OF AVON 400 Benchmark Road Avon, CO 81620 Dear Scott: On behalf of Leland Consulting Group (Real Estate Strategists), we are pleased to present this proposal to assist the Town of Avon (the Town) and Avon Urban Renewal Authority (the Authority) position key parcels in East Avon for strategic public and private investment. The balance of this proposal outlines the terms and conditions of our engagement. UNDERSTANDING AND APPROACH In an effort to advance the goals of the Avon Urban Renewal Authority, specifically, "to promote projects which provide public benefit, and to that end, be proactive vs. reactive in soliciting private sector interest;" you have requested the assistance of an urban renewal strategist to work with the Town leaders and Authority Board to articulate improvement and financial return objectives in an area described as East Avon. With this understanding, LCG will work with the community to identify those tools and resources necessary to advance your goals. Based on the outcome of these efforts, LCG will design and prepare materials for use by the Town and Authority in the context of operating procedures and investment solicitations. Based on our recent discussion, we anticipate preparation of the following: • Meeting Materials (2 workshops) • Tool Kit of Process Materials • RFP Process and Request Documents • TIF Application Process Materials • Project Participation Criteria / Economic Incentive Policy • Urban Renewal Plan and Impact Report • Presentation Materials to necessary Boards, Commissions and Council • "Road Show" Power Point (for educational purposes) Meeting Materials (2 workshops): LCG will facilitate two separate workshops with Town leaders, Authority Board members and other stakeholders designed to solicit input regarding: improvements and financial return objectives in the Town core and specifically East Avon; and, identification of tools and resources necessary to advance your goals. ($6,300) TIF Application Process Materials: LCG will prepare a range of forms and define application processes for Tax Increment Financing dollars. ($1,100) Project Participation Criteria: In the context of workshops described above, LCG will facilitate a discussion regarding meritorious project criteria. The criteria will be ■ Real Estate Strategists, www.lelandconsniting•conn Page 1 of 3 LELAND CONSULTING GROUP presented in the context of an incentive policy document for use by the Town in East Avon, and other areas of the community. The purpose of this document and the criteria will be to streamline discussions regarding public participation in projects. ($3,700) Urban Renewal Plan and Impact Report: LCG will prepare an urban renewal plan document which reflects community goals and objectives, market opportunities, and state-of-the-art thinking about redevelopment and development. The plan will embody development principles and objectives with feasible application in the study area; identify the financial feasibility of the plan concepts and priority projects; and, include strategies for implementation. A concept plan map will be prepared to communicate this information to the public and Town officials. Note: If the Town cannot prepare the required legal description for the final urban renewal plan, the fee estimate presented here will need to be adjusted. RFQ / RFP Process and Request Documents: LCG will prepare RFQ / RFP solicitation and project evaluation materials. The purpose of this effort will be to provide the Town and Authority with a defensible process for evaluating projects for public participation. ($4,700) In addition to the plan, LCG will prepare a supporting impact document for the County and any other taxing bodies as per the state legislation. If requested, we will assist the Town with discussions among these groups. (Fee: $25,000) Presentation Materials to Necessary Boards, Commissions and Council: LCG will make presentations to Town Council and the Authority Board in the context of preparing the Urban Renewal Plan. In addition, we will be available to meet with individuals and various stakeholder groups regarding the tools and resources selected for preparation and use in the study area. (Fee: As needed at the specified hourly billing rates.) "Road Show" Power Point (for educational purposes): LCG will prepare presentation materials for use by the Town and Authority designed to educate various audiences about a range of initiatives including public and private investment in East Avon. (i.e., Urban Renewal 101) ($1,500) BUDGET AND TIMING The estimated time to complete the tasks identified above is approximately 6 months, but will ultimately depend on those products selected for preparation by the Town, as well as the number of required meetings and presentations. Fees for this assignment are presented above by task / product. These fees do not include out-of-pocket expenses related to data purchases, local travel, postage and telephone use, which will be billed separately. ■ Real Estate Strategists, www.lelandconsulting.com Page 2 of 3 LELAND CONSULTING GROUP TERMS OF PAYMENT AND OTHER CONDITIONS Billings will be issued monthly as our work progresses. The final bill is due and payable upon delivery of all final written work products. If at any point during the course of this engagement, our findings lead us to a negative conclusion(s), we will discuss our findings and alterative approaches with you and reach an agreement on how we should proceed. ACCEPTANCE OF PROPOSAL We are excited about the opportunity to continue our working relationship with you and the Avon community. If you have any questions regarding this submittal, please do not hesitate to contact either Bill Cunningham or myself at 303.458.5800. We look forward to hearing from you regarding this submittal. Sincerely, LELAND CONSULTING GROUP Anne B. Ricker Principal Bill J. Cunningham Principal • Real Estate Strategists, wwzt .lelandconsulting.com Page 3 of 3 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: July 17, 2008 Re: Resolution 08-29, Budget Amendment Summary: Resolution 08-29 proposes to amend the Town's General Fund and Transit Enterprise Fund 2008 budgets as detailed below. Discussion: General Fund. This budget revision indicates a net reduction in estimated revenues of $611,262, as follows: • Building permit fees and plan check fees have been reduced by a net of $870,000 due to the slowdown in construction activity and, specifically the delay in construction starts for Timeshare West and the Riverfront Lodge. • Village at Avon municipal services revenues have been reduced by $132,486 for asphalt overlay and street lighting expenditures previously allocated to the Village by lane miles. • Estimated tax revenues have been increased by $223,136 due to higher than expected sales, utility and franchise taxes through May and sales tax audit revenues of $100,000 not previously budgeted. • Increase in estimated court fines of $29,000, miscellaneous revenues of $35,000, and transfers in from the Community Enhancement Fund for previously expended items of $61,800. In light of the significant revenue changes for 2008 identified above, the Town Manager requested that department heads and staff begin the process of amending their 2008 budgets ahead of preparations for the 2009 budget. This budget amendment reflects a net reduction of $217,007 in departmental budget revisions. The most significant changes are a reduction of $166,596 in plan check referral costs in the building inspection division of the Community Page 1 Development department, and an increase of $26,820 in fuel costs in the streets and roads division of the Public Works department. Transit Enterprise Fund This budget revision reflects the final reconciliation with Beaver Creek including the ski school shuttle, an increase in federal grant monies to be recovered from the purchase of video equipment for buses, increases in fuel costs, and other miscellaneous changes. The net result of these revisions, combined with the budget earlier this year to reflect the teiinination of the Beaver Creek services, has resulted in a net increase of the General Fund's subsidy to Transit in the amount of $239,000 (see General Fund revision above). Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: A - Resolution 08-29 B — General Fund, pages 1-6 B — Transit Fund, Pages 1-7 • Page 2 RESOLUTION NO. 08-29 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2008 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2008, AND ENDING ON THE LAST DAY OF DECEMBER, 2008. WHEREAS, the Town Council of the Town of Avon has adopted the 2008 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2008: Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 6,623,278 $ 7,295,426 15,276,433 14,665,171 15,295,206 15,317,199 $ 6,604,505 $ 6,643,398 1 Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 204,335 $ 393,681 2,572,516 2,731,916 2,572,408 2,731,620 Ending Fund Balance $ 204,443 $ 393,977 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 22nd day of July, 2008. ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 2 General Fund #10 Amendment No. 1 and Summary REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfer -In From Community Enhancement Fund Transfer -In From Capital Projects Fund Capital Lease Proceeds Total Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Contingency Other Uses Transfers -Out to Mall Maintenance Transfers -Out to Avon Urban Renewal Authority Transfers -Out to Faciilities Reserve Fund Transfers -Out to Debt Service Transfers -Out to Transit Transfers -Out to Fleet Maintenance Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 8,710,829 419,292 929,153 2,351,475 84,290 827,234 266,842 $ 9,574,072 823,600 1,001,454 2,772,596 104,150 500,000 249,500 $ 9,797,208 $ 223,136 295,600 (528,000) 1,038,454 37,000 2,303,398 (469,198) 133,150 29,000 500,000 284,500 35,000 13, 589,115 15, 025, 372 14,352,310 (673,062) 200,000 170,156 1,500 249,561 1,500 61,800 249,561 61,800 370,156 • 251,061 312,861 61,800 $ 13,959,271 $ 15,276,433 $ 14,665,171 $ (611,262) $ 2,563,047 902,634 2,203,803 3,263,935 2,483,910 $ 2,560,712 1,051,677 2,671,210 3,791,945 2,772,757 $ 2,520,551 $ (40,161) 886,155 (165,522) 2,661,464 (9,746) 3,813,777 21,832 2,749,347 (23,410) 11,417,329 12,848,301 12,631, 294 (217, 007) 20,000 20,000 15,000 72,917 591,552 1,315,000 160,000 15,000 50,000 72,917 587,988 1,541,000 160,000 15,000 50,000 72,917 587,988 1,780,000 160,000 239,000 2,154,469 2,426,905 2,665,905 239,000 13,571,798 15,295,206 15,317,199 21,993 387,473 6,907,953 (18,773) 6,623,278 (652,028) 7,295,426 (633,255) 672,148 7,295,426 $ 6,604,505 $ 6,643,398 $ 38,893 Page 1 General Fund #10 Amendment No. 1 Revenue Detail Account Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Taxes: 51101 General Property Tax 51102 General Property Tax - Delinquent Collections 51103 General Property Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51303 Accommodation Tax 51304 Penalties and Interest 51305 Sales Tax Audit Assessments 51306 Payments In -Lieu -Of Sales Tax 51402 Franchise Fees 51000 Total Taxes Licenses and Permits: 52101 Liquor Licenses 52102 Business Licenses 52103 Contractor's Licenses 52201 Building Permits 52203 Plumbing Permits 52204 Mechanical Permits 52205 Road Cut Permits 52206 Other Licenses and Permits 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53105 School Resource Officer Grant 53199 Other Federal Grants State Grants 53204 LEAF Grant 53299 Other $ 1,533,530 $ 2,008,327 $ 2,008,327 $ 62 300 300 2,236 2,000 2,000 171,976 175,000 175,000 5,573,213 5,773,928 5,873,928 121,462 135,000 142,778 454,920 567,500 567,500 19,736 15,000 15,000 11,554 15,000 100,000 478,612 497,017 497,017 343,528 385,000 415,358 100,000 7,778 85,000 30,358 8,710,829 9,574,072 9,797,208 223,136 5,502 5,500 5,500 - 20,350 20,000 20,000 - 18,478 18,000 10,000 (8,000) 282,929 615,000 250,000 (365,000) 32,994 80,000 - (80,000) 47,697 80,000 - (80,000) 11,342 5,000 10,000 5,000 100 100 - 419,292 823,600 295,600 (528,000) 68,578 65,102 65,102 4,657 14,400 14,400 843 Subtotal: Grants 74,078 State/County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration, 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund 53308 State Severance Tax Subtotal: Shared Revenue 53000 Total Intergovernmental 79,502 79,502 66,091 23,851 169,174 54,770 397,257 142,839 1,093 72,000 24,000 160,952 53,000 425,000 182,000 5,000 72,000 24,000 160,952 53,000 440,000 204,000 5,000 15,000 22,000 855,075 921,952 958,952 37,000 929,153 1,001,454 1,038,454 37,000 Page 2 General Fund #10 Amendment No. 1 Revenue Deaif Account Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Charges for Services: General Government: 54101 Sales of Map and Publications 54102 Photocopying Charges 54103 License Hearing Fees 54104 Other Fees and Charges 54201 Plan Check Fees 54202 Subdivision Review Fees 54203 Design Review Fees 54204 Animal Control Fees 54205 Abatement Services 54301 Police Reports 54302 Police Contract Services 54303 Fingerprinting Fees 54304 VIN Inspection Fees 54305 False Alarm Fees/Misc Police Dept Fees 54399 DUI Reimbursement 54453 Village at (Avon) Municipal Services 55 1,526 100 3,028 231,438 48,347 40,401 2,485 1,097 11,881 3,814 11,322 3,948 2,173 539,440 250 250 3,000 3,000 25 25 2,250 2,250 475,000 130,000 35,000 35,000 35,000 35,000 2,000 2,000 100 100 2,000 2,000 10,000 10,000 3,500 3,500 20,000 20,000 3,300 3,300 2,500 2,500 698,468 565,982 (345,000) (132,486) Subtotal: General Govern. 901,055 Recreation Facility: 54601 Admission Fees 54602 Program Fees 54603 Rentals 54604 Merchandise Sales 54605 Childcare 54606 Rec Center Services 54607 Fitness Program Revenues 54608 Locker Rental Other Recreation: 54651 Adult Program Revenues 54652 Cabin Equipment Rentals 54653 Athletic Field Rentals 54654 Cabin Concessions 54655 Youth Program Revenues 54676 Sponsorships 54678 Event Fees 1,292,393 814,907 (477,486) 1,042,579 36,150 5,035 11,166 9,589 21,125 25,880 300 18,058 30,986 3,051 4,840 133,547 97,375 10,739 1,053,000 1,053,000 42,500 45,000 4,500 4,500 15,884 15,884 14,000 14,000 22,900 22,900 23,200 25,000 300 300 17,512 16,500 37,307 37,307 4,000 4,000 5,600 5,600 130,000 145,000 100,000 90,000 9,500 9,500 2,500 1,800 (1,012) 15,000 (10,000) Subtotal: Recreation 1,450,420 54000 Total Charges for Services 1,480,203 1,488,491 8,288 2,351,475 2,772,596 2,303,398 (469,198) Page 3 General Fund #10 Amendment No. 1 Revenue:,D`etail ; Account Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Fines and Forfeitures: 55101 Court Fines - Traffic 55102 Court Fines - Criminal 55103 Court Fines - Parking 55104 Court Fines - General 55105 Court Costs 55106 Jury Fees 55107 Bond Forfeitures 55108 Miscellaneous Court Revenues 55110 Training Surcharge 55000 Total Fines and Forfeitures Investment Earnings: 57101 Interest 57000 Total Investment Earnings Other Revenues: 58101 Recreational Amenity Fees 58109 Debt Issuance Fees 58201 Lease of Town -Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues 50000 TOTAL REVENUES $ 40,442 42,000 29,322 35,000 6,000 8,000 3,180 3,500 5,196 5,500 150 150 500 1,500 8,000 68,000 38,000 8,000 3,500 5,500 150 500 1,500 8,000 26,000 3,000 84,290 104,150 133,150 29,000 827,234 500,000 500,000 827,234 500,000 500,000 136,510 11,447 27,410 91,475 145,500 11,000 28,000 65,000 145,500 11,000 28,000 100,000 35,000 266,842 249,500 284,500 35,000 $ 13,589,115 $ 15,025,372 $ 14,352,310 $ (673,062) Page 4 General Fund #10 Amendment No. 1 Department Expenditure Summaries Dept./Div. Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) General Government: Legislative: 111 Mayor and Town Council 112 Boards and Commissions 113 Town Attorney 114 Public Relations 115 Town Clerk Total Legislative Judicial: 121 Municipal Court Executive: 131 Town Manager 132 Human Resources 133 Community Relations Total Executive Finance Department: 141 Finance 142 Information Systems. 149 Nondepartmental $ 130,343 $ 258,025 $ 254,225 $ 12,718 15,806 15,806 194,539 175,000 175,000 338,921 99,012 97,610 99,985 (3,800) 2,375 775,533 546,441 545,016 (1,425) 113,818 125,131 216,731 213,447 44,277 232,361 211,890 274,266 124,881 (250) 232,361 211,890 260,230 (14,036) 474,455 718,517 704,481 (14,036) 580,471 239,025 379,745 592,476 279,699 298,448 592,476 271,699 281,998 (8,000) (16,450) Total Financial Administration 1,199,241 Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development Police Department: 311 Administration 312 Patrol 313 Investigations Total Police 1,170,623 1,146,173 (24,450) 2,563,047 2,560,712 2,520,551 (40,161) 174,323 393,818 334,493 181,660 352,828 517,189 192,021 353,828 340,306 10,361 1,000 (176,883) 902,634 1,051,677 886,155 (165,522) 392,557 1,687,867 123,379 439,475 2,113,194 118,541 440,629 2,102,294 118,541 1,154 (10,900) 2,203,803 2,671,210 2,661,464 (9,746) Page 5 General Fund #10 Amendment No. 1 epartment Expenditure,Suinmarie Dept./Div. Number Description Actual 2007 Original Budget 2008 Proposed Revised Budget 2008 Public Works: 411 Administration 412 Engineering 413 Roads and Streets 414 Facilities Maintenance 415 Parks Total Public Works Recreation and Culture: 513 Special Events 514 Administration 515 Adult Programs 516 Aquatics 517 Childcare 518 Fitness 519 Front Desk 520 Maintenance 521 Youth Programs 522 Cabin Total Recreation and Culture TOTAL OPERATING EXPENDITURES 112,699 409,429 1,555,039 407,987 778,781 102,986 423,641 1,710,694 555,079 999,545 102,986 424,889 1,756, 950 564,275 964,677 Difference Increase (Decrease) 1,248 46,256 9,196 (34,868) 3,263,935 3,791,945 3,813,777 21,832 312,406 362,665 31,551 450,518 31,573 118,875 223,429 771,160 138,007 43,726 303,618 382,614 55,025 487,132 56,878 137,255 279,032 843,577 168,170 59,456 307,726 383,214 52,714 486,132 51,375 137,255 271,489 834,842 170,465 54,135 4,108 600 (2,311) (1,000) (5,503) (7,543) (8,735) 2,295 (5,321) 2,483,910 2,772,757 2,749,347 (23,410) $ 11,417,329 $ 12,848,301 $ 12,631,294 $ (217,007) Page 6 Transit Enterprise Fund #52 Amendment No. 2 Fund Summary REVENUES Intergovernmental Charges for Services Other Revenues Total Operating Revenues Other Sources Sale of Fixed Assets Transfers In from General Fund - Operating Transfers In from General Fund - Capital Total Other Sources TOTAL REVENUES EXPENDITURES Transportation Administration Operations Marketing TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 684,349 $ 277,857 1,095,078 615,603 61,551 28,056 304,074 579,981 59,000 $ 26,217 (35,622) 30,944 1,840,978 1,207,000 108,000 921,516 6,000 1,575,000 70,000 943,055 8,861 1,704,000 76,000 21,539 2,861 129,000 6,000 1,315,000 1,651,000 1,788,861 137,861 3,155,978 2,572,516 2,731,916 159,400 205,267 2,837,307 14,226 215,410 2,331,496 25,502 204,416 2,506,733 20,471 (10,994) 175,237 (5,031) 3,056,800 2,572,408 2,731,620 159,212 99,178 108 296 188 294,503 204,335 393,681 189,346 $ 393,681 $ 204,443 $ 393,977 $ 189,534 Page 1 Transit Enterprise. Fund #52 Amendment No. 2 evenues. Description Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Intergovernmental: Federal Grants: FTA Grant Total Intergovernmental Charges for Services: Transportation: Beaver Creek Bus System Charter Total Charges for Services Other Revenues: Employee Housing Rentals Miscellaneous Nonclassified Revenues Total Other Revenues Other Sources: Sale of Fixed Assets Transfers In from General Fund - Operating Transfers In from General Fund - Capital Total Other Sources Difference Increase (Decrease) 684,349 277,857 304,074 26,217 684,349 277,857 304,074 26,217 1,048,333 602,003 559,981 (42,022) 46,745 13,600 20,000 6,400 1,095,078 615,603 579,981 (35,622) 27,739 28,056 40,000 11,944 33,812 - 19,000 19,000 61,551 28,056 , 59,000 30,944 6,000 8,861 2,861 1,207,000 1,575,000 1,704,000 129,000 108,000 70,000 76,000 6,000 1,315,000 1,651,000 1,788,861 137,861 TOTAL REVENUES $ 2,060,900 $ 2,572,516 $ 2,731,916 $ 159,400 Page 2 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Administration #431 Account Number 61101 61121 61151 61201 61301 61302 61303 61304 61401 61501 61505 61506 61507 61509 61510 Account Description Personnel: Regular Full-time Salaries PTS Wages Overtime Wages Automobile Allowance FT Pension PTS Pension Wellness Employee Assistance Program FICA/Medicare Group Health and Life Insurance Long-term Disability Insurance Short-term Disability Insurance Dental Insurance Worker's Compensation Unemployment Insurance 61000 Total Personnel Commodities: 62899 Other Miscellaneous Operating Supplies 62901 Duplicating Supplies 62904 Software 62905 Books and Periodicals 62999 Office Supplies and Materials 62000 Total Commodities Contract Services: 63101 Legal Services 63199 Other Professional Services 63304 Computer Services and Support 63504 R&M - Office Equipment and Computers 63603 Rentals - Office Equipment 63999 Other Contract Services 63000 Total Contract Services Actual 2007 $ 76,959 3,222 359 1,375 8,872 125 600 24 501 15,053 524 241 750 924 251 Original or Prey. Amended Budget 2008 $ 82,500 1,000 9,075 400 28 882 14,335 574 331 1,050 733 250 Proposed Revised Budget 2008 $ 82,500 1,000 1,500 9,075 400 28 882 14,335 574 331 1,050 733 250 Difference Increase (Decrease) 1,500 109,780 111,158 112,658 1,500 92 367 424 226 658 400 500 5,000 500 1,000 400 500 5,000 500 1,000 1,767 7,400 7,400 7,270 165 465 2,326 4,096 1,500 900 2,327 6,000 1,500 900 2,327 6,000 14,322 10,727 10,727 Page 3 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Administration #431 Account Number Original or Proposed Prey. Amended Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Other Operating Costs: 64101 Travel, Training and Conference 64102 Dues, Licenses and Memberships 64103 Mileage Reimbursement 64201 Telephone 64202 Gas 64203 Electric 64204 Water and Sanitation 64301 Postage and Delivery Costs 64306 Permit and Licensing Fees 64307 Bank Svc Chags / Credit Card Fees 64402 Equipment Replacement Charges 64904 Operating Fees, Assessments and Charges 64905 Insurance Premiums 64000 Total Other Operating Costs Capital Outlay: 66402 Computers and Peripherals 66404 Furnitures and Fixtures 4,188 5,100 5,100 120 250 250 250 250 781 1,250 1,250 2,741 2,500 2,500 - 9,916 9,000 11,520 2,520 622 600 600 - 159 250 250 250 250 - 566 - 275 275 2,400 - - - 578 400 400 57,327 66,275 50,986 (15,289) 79,398 86,125 73,631 (12,494) 66000 Total Capital Outlay - 60000 Total Expenditures $ 205,267 $ 215,410 $ 204,416 $ (10,994) Page 4 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Operations #432 Account Number Proposed Original Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Personnel: 61101 Regular Full-time Salaries 61121 PTS Wages 61122 PTS Bonuses 61151 Overtime Wages 61202 Ski Pass 61301 FT Pension 61302 PTS Pension 61303 Wellness 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61506 Short-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Commodities: 62401 Gasoline 62402 Diesel 62801 Gifts and Awards 62802 Food and Beverages 62805 Clothing and Uniforms 62809 Medical Supplies and 1st Aid 62999 Office Supplies and Materials 62000 Total Commodities 478,119 $ 432,429 $ 432,429 $ 308,565 219,165 219,165 30,703 14,875 14,875 83,495 40,731 61,132 20,401 4,974 10,500 10,500 52,003 47,567 47,567 14,154 10,304 10,304 3,919 4,550 4,550 274 240 240 13,350 10,548 10,548 123,863 121,752 121,752 4,669 4,367 4,367 1,738 1;736 1,736 8,385 8,999 8,999 41,774 28,412 28,412 2,669 2,153 2,153 1,172,654 958,328 978,729 20,401 92,953 57,000 17,000 (40,000) 215,537 210,600 402,000 191,400 1,459 1,500 1,500 - 2,161 1,800 1,800 6,376 5,600 5,600 638 1,000 1,000 78 500 500 319,202 278,000 429,400 151,400 Contract Services: 63301 Medical Services and Examinations 3,620 5,250 5,250 63303 Photographic Services - 200 200 63506 R&M - Radios and Communications Equipment 15,275 10,700 10,700 63601 Rentals -Building and Office Space 69,959 56,112 56,112 63000 Total Contract Services 88,854 72,262 72,262 Other Operating Costs: 64102 Dues, Licenses and Memberships 2,797 2,000 2,000 - 64203 Electric 315 - 64206 Cellular & Paging 613 800 800 64301 Postage and Delivery 32 50 50 64401 Fleet Maintenance Charges 251,422 258,951 258,951 64402 Equipment Replacement Charges - 85,020 85,020 64403 Washbay Charges 13,290 15,983 15,983 64902 Financial Support, Donations, and Contributions 101,496 312,781 277,446 (35,335) 64906 Insurance Deductibles 5,000 6,000 6,000 64000 Total Other Operating Costs 374,965 675,585 646,250 (29,335) Page 5 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Operations #432 Account Number Proposed Original Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Capital Outlay: 66402 Computers and Peripherals 66403 Audio / Visual Equipment 66503 Buses and Transportation Related Vehicles 66000 Total Capital Outlay 1,525 32,771 347,321 347,321 32,771 1,525 347,321 380,092 32,771 60000 Total Expenditures $ 1,957,200 $ 2,331,496 $ 2,506,733 $ 175,237 Page 6 Town of Avon Line Item Detail Function: Transportation #430 Department/Division: Transportation #430 Program: Marketing #433 Account Number Proposed Original Revised Difference Actual Budget Budget Increase Account Description 2007 2008 2008 (Decrease) Personnel: 61101 Regular Full-time Salaries 61151 Overtime 61301 FT Pension 61304 Employee Assistance Program 61401 FICA/Medicare 61501 Group Health and Life Insurance 61505 Long-term Disability Insurance 61506 Short-term Disability Insurance 61507 Dental Insurance 61509 Worker's Compensation 61510 Unemployment Insurance 61000 Total Personnel Commodities: 62899 Other Miscellaneous Operating Supplies 62904 Software 62905 Books and Periodicals 62999 Office Supplies and Materials 62000 Total Commodities Contract Services: 63203 Printing and Reproduction Services 63304 Computer Service and Support 63000 Total Contract Services Other Operating Costs: 64201 Telephone 64206 Cellular & Paging 64301 Postage and Delivery Costs 64901 Advertising and Legal Notices 64000 Total Other Operating Costs 60000 Total Expenditures $ - $ 6,299 $ 5,340 $ (959) 1,000 170 (830) 693 587 (106) 4 4 - 106 80 (26) 2,024 546 (1,478) 25 48 23 65 15 (50) 150 60 (90) 14 10 (4) 22 11 (11) 10,402 6,871 (3,531) 2,736 500 500 500 500 300 300 500 500 2,736 1,800 1,800 8,893 9,000 9,000 300 300 8,893 9,300 9,300 378 600 600 200 200 19 200 200 2,200 3,000 1,500 (1,500) 2,597 4,000 2,500 (1,500) 14,226 $ 25,502 $ 20,471 $ (5,031) Page 7 Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Date: July 17, 2008 Re: Resolution 08-30, Capital Projects Fund Budget Amendment Summary: Resolution 08-30 proposes to amend the Town's Capital Projects Fund budget for a number of different projects and estimated revenues as discussed in further detail below. The net changes in the Capital Projects Fund reduces total expenditures from $7,488,842 to $7,045,334, a reduction of $403,508, and reduces estimated revenues from $10,272,204 to $4,914,448, a reduction of $5,357,756. These reductions, along with an increase in the beginning fund balance of $1,401,520 result in a net reduction in the estimated ending fund balance of $3,552,728. Discussion: A discussion of the purpose of the various changes to the budget follows: Real Estate Transfer Taxes. Real estate transfer tax (RETT) has been reduced from $8,548,204 to $4,030,067 for 2008. This reduction comes from three areas of RETT revenues: (1) normal recurring RETT revenues has been reduced from $2.5 million to $1.5 million; (2) estimated RETT from the Gates project originally estimated at $1 million has been deferred to 2009; and (3) estimated RETT from the Riverside PUD has been reduced from $5,048,204 to $2,530,067 due to the deferral of the construction of the Riverfront Lodge and the completion date of Timeshare West. Also, the sale of 45 of the condo hotel rooms has been deferred to 2009. These reductions are based on a revised model and buildout schedule from Stan Bernstein and Associates and confirmed by Andy Gunion with East West Partners. Forest Service Land Acquisition. This project has been added to the Capital Fund budget after approval by the Council of an additional $25,000. The total project amount authorized is $50,000, however $9,209 was expended in 2007 from the General Fund so the amount reflected in this budget amendment is $40,791. Page 1 Carryover of unexpended project funds from 2007. The 2008 budget is being revised to reflect the carryover of unexpended appropriation from the previous 'year including the following projects: Transit Center Facility ($44,364), Recreation Center Temporary Storage ($60,000), Eaglebend Drive ($2,628), Lighting Study and Conversion ($105,501), Town Center West Investment Plan ($10,963), Railroad Crossings to Confluence ($205,286), Wildridge Loop Pedestrian Improvements ($7,109), Eagle River Enhancements Project ($20,000), and East Avon Redevelopment Master Plan ($14,062). These rollovers increase the current 2008 budgeted expenditures by a total of $469,913. It should be noted that none of these projects have exceeded their total project budget. Delay or reduction of previously approved projects. The 2008 budget is also being revised to reflect either reductions of current project expenditures, or delays in project start dates as follows: Wildridge Trails program deferred to 2009 ($30,000), RICD Water Rights Acquisition reduced ($85,000), W. Beaver Creek Blvd. Drainage project deferred to 2009 ($300,000), Drainage Master Plan deferred to 2009 ($250,000). The total of these deferral and reductions is $665,000. Development Analysis and Review. Development project analysis and review for the most part are covered by reimbursement agreements. A total of $47,788 in appropriations and $47,750 in developer reimbursements have been added to this revised budget. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 08-30 B — Capital Projects Fund, Pages 1-6 • Page 2 RESOLUTION NO. 08-30 SERIES OF 2008 A RESOLUTION TO AMEND THE 2008 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2008 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING . ON THE FIRST DAY OF JANUARY, 2008, AND ENDING ON THE LAST DAY OF DECEMBER, 2008. WHEREAS, the Town Council of the Town of Avon has adopted the 2008 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2008; and WHEREAS, the Town Council finds it necessary to amend the 2008 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2008; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is amended as follows for 2008: Original or Current Previously Proposed Amended Amended 2008 2008 Budget Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 5,292,355 $ 6,693,875 10,272,204 4,914,448 7,448,842 7,045,334 $ 8,115,717 $ 4,562,989 1 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 22°a day of July, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 2 Capital Projects Fund #41 Amendment No. 2 REVENUES Taxes Intergovernmental Investment Earnings Other Revenue Total Operating Revenues Other Sources: Transfer In from Other Funds TOTAL REVENUES EXPENDITURES Capital Improvements: Facilities Land and Land Improvements Roads and Streets Utilities Recreation Stormwater and Drainage Strategic Planning Other Developer Rebates Total Capital Improvements Other Uses Operating Transfer -Out - General Fund Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCE, Beginning of Year FUND BALANCE, End of Year Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) $ 2,540,943 2,526,778 469,792 1,363,265 8,548,204 $ 235,000 250,000 9,000 4,030,067 205,311 250,000 49,070 $ (4,518,137) (29,689) 40,070 6,900,778 9,042,204 4,534,448 (4,507,756) 48,168 1,230,000 380,000 (850,000) 6,948,946 10,272,204 4,914,448 (5,357,756) 3,566,527 1,563,610 1,667,974 - 50,000 90,791 3,737,295 2,127,900 2,432,387 - 90,000 90,000 173,046 95,000 30,000 48,168 1,230,000 380,000 248,870 550,000 611,850 12,684 25,000 25,000 - 1,467,771 1,467,771 104,364 40,791 304,487 (65,000) (850,000) 61,850 7,786,590 7,199,281 6,795,773 (403,508) 200,000 249,561 249,561 200,000 249,561 249,561 7,986,590 7,448,842 7,045,334 (403,508) (1,037,644) 2,823,362 (2,130,886) (4,954,248) 7,731,519 5,292,355 6,693,875 1,401,520 $ 6,693,875 $ 8,115,717 $ 4,562,989 $ (3,552,728) Page 1 Capital Projects Fund #41 Amendment No. 2 Account Number Description Actual 2007 Original or Prey. Amended Budget 2008 Proposed Revised Budget 2008 Difference Increase (Decrease) Taxes: 51401 Real Estate Transfer Tax 51000 Total Taxes Intergovernmental: Federal Grants: 53199 CDOT Enhancement Funds Grant 53199 FTA/CDOT Transportation Center Grant Local Government/Other Agency: 53401 Village at (Avon) 53401 Nottingham-Puder Ditch Cost Sharing 53401 Eaglebend Housing Authority 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 57000 Total Investment Earnings Other Revenues: 58104 Fireplace Fees 58108 Finance Charges 58211 Developer Reimbursements: 58999 Sheriton Mountain Vista Rebate 58999 Miscellaneous Nonclassified 58000 Total Other Revenues Other Sources: 59201 Transfer In from Other Funds 59000 Total Other Sources 50000 TOTAL REVENUES $ 2,540,943 $ 8,548,204 $ 4,030,067 $ (4,518,137) 2,540,943 8,548,204 4,030,067 (4,518,137) 171,290 2,130,488 200,000 25,000 200,000 10,000 25,000 200,000 5,311 (4,689) (25, 000) 2,526,778 235,000 205,311 (29,689) 469,792 250,000 250,000 469,792 250,000 250,000 1,500 29 83,789 1,276,187 1,760 9,000 1,500 47,570 (7,500) 47,570 1,363,265 9,000 49,070 40,070 48,168 1,230,000 380,000 (850,000) 48,168 1,230,000 380,000 (850,000) $ 6,948,946 $ 10,272,204 $ 4,914,448 $ (5,357,756) Page 2 ▪ N • C• is Z N — a 'O Elms a ^C W ▪ i.i C) Project Expenditures U a) Cn a) 2 Total Project Budget Project -to -Date a v O N O > CS) 7 O` a) 0_ C M U N a) C.) a) 0 a a) O Q O 0_ C N 0 CO a) a a) x x CO O O a) co co 0 a O CO N Ta =o U O Q 0 Q U a) a) 0 C N O Q U Q Z CAPITAL IMPROVEMENT PROJECTS EC, O f� 0 00 N 0 0 O co co (A O O (n ( co r; 0 0 tC) CO ON COO CO M EC, O N- 0 00 0 0 o CO CO - CT) o 0 LCC T M V 0 (09 cc O CO N CO CO M ✓ N- 0 N 0 0 O CO (O 6) O O C C.6N- V C0.0 O Cn O co N CO CO E/, Municipal Building Expansion ( Modular Addition) M - CEO 0 0 CO CO O O - coN ( ' O 0 0 m 00 0 M 0 o c CO CO rn CO N- O) N (n m cc O Transportation Center Facility Recreation Center Temporary Storage / Office Recreation Center Phase II Design CO0 0 0 0 0 CO 0 0 O 0 0 0 CO CO V LO LO Land and Land Improvements: N- O O 0 C. - o rn (on Wildridge Parks Program CO0 0 0 O N N Roads and Streets: co co co O O O o o c) co - • CT) M N CO 0 0 0 0 0 0 0 0 0 CO N CO CA O M O r M LC) O O O O N CO x - N O 0 m (n O N O O O O LS 0 0 0 O 0 CO 0 O O 0 CC) 0 O LO N O O O Lo - N. O .CI' N O CO CO O M M 0 0 0 CO 0 0 (n 0 0 T 0 • CO M M O O L CO- LO - N CO CO 6) 0 0 CO V LOO 0 N co O O O O M O O CO O O N N O CO CO CO N CO00 CO CO CA O N • NCO 0 0 O O N_ O 0) - CO C) N • O - O co Eaglebend Dr. Lighting Study and Conversion (.0 O 0 I-70 Noise Reduction Project O CO Street Improvements: N- 0 00 N O OCO N M CT)) m () O O O CO N LO N O co cc N Investment Plan Implementation E. Beaver Creek Blvd. Improvements N_ N M Railroad Crossings to Confluence W. Benchmark Rd. Realignment Design O 0 0 0 O 0 0 0 N N N N CO CO CO CO Project Expenditures t N t cr- N a a) > a) a a) U) O O 0- Total Project Budget N Cu E W a > N Project -to -Date a) 0 a CO o a O > > (N C,. CO a) 0O .0 U Q Z CAPITAL IMPROVEMENT PROJECTS O O O O O O UC) O O N- N C) O O O O O O LO - LO N- N C) N- O CO CD O O CO O C..- N CO O O O O M O O O O M O O O O O O O O 0) O O CD O O O O O N CO M O O O O O 0000 O) O O O O Lo - LO (N CO CO N 0 o U) O O N O N Cf) O rn O O 0 0 0 cti L6 L6 (N CO O O O O o 0 O O rn O O O uS L6 Sri o O (N CO CO co CO O U N O CO N N c') N- N CO CO N N O N Roundabout #4 Conversion Annual Street Improvements: 2007 Paving/Road Improvements 2008 Paving/Road Improvements N- CO CD CD O O M M N a) E a) O C2 E C N rn a) Q > d U Q C C4 O a) E O 'E) J N ¢_ 2' W a) a) o a o West Avon Trails and Access Improvements Wildridge Trails Program co c- N M O O O O . V V V M CO M CO O O O O O) Waste Heat Recovery System Study w/ ERWSD O O Recreation: CO O O O O O O O N N r M N- V N O - O O O O O 0 O O O O O O O (-4 N CO O CO CO CO O O O O O 0 O O O O O N CO O ) CO CO, N CO N N CO CO 0 6) CO O o U) N CO M 0 0 O O 0 0 0 O O O 0'-L CO CO O O 'Cl- N CO COO N- O N- CO O 0 U) '- O ® O N O N N- O N CO cO co U) N Eagle River Recreation Enhancements Project Eagle River Recreation Access Expansion RICD Water Rights Acquisition N M CO O O C. O O O Stormwater and Drainage: Nottingham-Puder Ditch Restoration W. Beaver Creek Blvd. Drainage / I-70 to Railroad Metcalf Road Drainage O CO O0 CD O O O O CO wry V N u -z co •IJ ci CD E L _ W E a ca U Q 0 Project Expenditures Total Project Budget -0 N N u) as N t CK (n W 73 -0 N N to w d Q >U) O Cr CL N co O ) a Q N C CO O O L) U a a O -oo a (I) O o co in Q 'j -(N O U Project -to -Date U) W U) co O O - O m N 8 a CL U 0 Q a c a) o n C) Q Z CAPITAL IMPROVEMENT PROJECTS o 0 0 0 0 0- (0 N 0 CD 0 O O 0 0 N CO M N Water Rights Acquisition Drainage Master Plan V) 0 0 0) CO Strategic Planning: Development Analysis and Review: (A c O CO o CO I� CO N- ONNO N M N (O CO N O O CO ' 0 0 0 0 CO CO O CM O O o N- COM O N CO _) (n CO N. CO N O N N- N CO (O (NI M N Confluence / Westin Riverfront Resort The Gates at Beaver Creek Sheraton Mountain Vista Cottonwood PUD Folsom PUD Orion Development Vail Resorts Annexation u) CO CO 0) o O 0 0 0 0 O 00000 0 N- N- N- 0 0 O O 0 O O 0 000000 00000000 O O W O O O c6 O O co- O O L ) O) LO CO CO O In N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000 O O CO O O o c6 o co- o o CO CA tf) CO 0 (C) N (N 00 0 CO CO 00 00 0 CO CO 00 000r--000 CO CA Lc) CO 0 CC) r r N 00 NCO 0 0 0 0 O V O (C) a 14) — o . o o 0 0 0 0 CO L CS) to C O 0 D co co C co +— C 7 O to co O CL U TT, O N a) o) O o O a O a N (C) O CA co C) C f6 CL U) tl) f6 Ca 13- E O N a) 2 > Y 'O f6 CD a C E O M N O W Z CO CO CO N CO M CO Housing Needs Assessment Public Works Master Plan 0 O O O 0 LO N 0 0 o O (o() N Comprehensive Transportation Plan Unified Land Use Code Revision 0 0 CO N a O a (n N co co ',- N- 0000000 O) N- O) C) t N t Project Expenditures N Cl) a) cc C N 0 Total Project Budget D a) f6 E C W C - CD a) a .5 O d C L) U a) to N L) O C Project -to -Date a) rn m to N N O a) 0 D a) to O Q O d C a) 0 fA 7 a) Q x W co O O N U) co m O - O N • to O O N CO C. CD O. C 0 Q 0 Cl) a) O CAPITAL IMPROVEMENT PROJECTS O O O LC) O O O LC) O O O LC) O O O LC) O O O LC) 2008 Historic Preservation O O O O O c - O O -I- d M N O CO N in in r c- N ER $ 28,026,222 O O O CD O O `I' N O M N L O CO N CO LO U — 0) N N N ER M O O N O ,- M O CD V CO M N CO N U N N Eft O c M o � N.- 0 � N- CO M co 0) CO ER CD II: ao O f.-- N CO CO 0) M O rn u-) N- 63 CD O O 6) 6) O O CO N O N L V MC) Sheraton Mountain Vista Capital Contributions: Westin Riverfront Resort Westin Riverfront Resort - Interest co cs N N CD O O O M N N N O) 0) 0) O) K3 Total Capital Improvement Projects Town of Avon Department of Public Works Memo To: The Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jennifer Strehler, P.E., Director of Public Works Date: July 22, 2008 Re: Waste Heat Recovery Project Summary: Staff at the Town and the Eagle River Water and Sanitation District (ERWSD) have been working with consultant CDM, Inc. on the project referred to as the "Waste Heat Recovery Project". The attached written document summarizes the project, entitled Proposal to Design and Construct a Community Heat Recovery System which has been updated from the previous March draft. This revised version, although still a draft, acts as the core document for grant request submittal from the Town and the ERWSD. ERWSD has also been provided with a copy of this document and had been invited to attend this work session. This work session provides an update on how this project is proceeding. Jenny Strehler will frame this conversation and discuss grant funding requests. Scott Vandenburgh (CDM, Bellevue) will present details of the project, including some recommended technical improvements over the original proposal and an updated capital cost estimate. [Later in the evening meeting, Justin Hildreth will ask the Council for confirmation of design direction on the Main Street design project with respect to the snow melt question.] Previous Council Actions: January 22, 2008 - Work session to present Snowmelt Feasibility Study. At that time, Council expressed concerns about the energy consumption and carbon footprint of conventional snow melt systems. Council directed staff to assume 8 -foot wide snow -melted sidewalks along the future Main Street and to pursue environmentally -friendly options to deliver the required energy to the snow melted areas at Avon Station and future Main Street. March 11, 2008 — Work session to present Wastewater Treatment Plant Waste Energy to Snow Melt System Proposal (February draft). This proposal was favorably received by Council and staffs request for $90,000 to conduct engineering predesign was granted as a joint project with ERWSD. Council further suggested that we evaluate means to indude pool water heating and/or building space heating into the proposed heat loop from the wastewater treatment plant. March 27, 2008 (Presentation to ERWSD Board) - Work session to present Proposal to Design and Construct a Community Demonstration Facility Wastewater Heat Recovery System (March Page 1 of 5 draft). This proposal was favorably received by the Water and Sanitation District Board; $90,000 was allocated for engineering predesign as a joint project with the Town of Avon. March 25, 2008 — Award of Main Street design contract to Britina which did not authorize the bid -alternative of $13,800 to incorporate design of snow melt piping. July 22, 2008 — CIP Budget Amendment to assign $90,000 to preliminary design of this project. Discussion: Staff at the Town and the Eagle River Water and Sanitation District (District) are working with consultant CDM, Inc. on the project referred to as the "Waste Heat Recovery Project". The initial goal of this project was to extract heat from the Avon Wastewater Treatment Plant (Avon WWTP), convey the heat via a glycol loop into Town -owned property, and to use the heat to melt snow at Avon Station (about 16,000 sf) and along approximately 8 -foot wide sidewalks planned for Main Street (about 48,000 sf). Engineering evaluation of the original concept identified some additional beneficial uses for heat from this heat loop, including Recreation Center pool waterheating, building space heating, and heating of process flows at the Avon WWTP. CDM was tasked with feasibility analysis and preliminary engineering of this heat recovery system. The attached document (referred to as a project "pro -forma") provides detailed information about the project and will be used for grant applications. Several technical options were initially evaluated by CDM to optimize the cost -benefit and carbon footprint of the heat recovery system and associated heat loop. Note that some of these uses are intermittent while others are reasonably continuous. It was determined that a secondary heat source such as solar thermal and/or natural gas boilers should be located on the loop in order to boost system temperatures during snow events and to better balance heat generation with peak demands and reduce long-term operating costs. CDM has also taken into consideration how to control this system, to reconcile the accounting for the two agency -users and to phase certain construction elements. The presentation will discuss the technical analysis and the recommended system. A brief summary of the results of the feasibility analysis is provided herein. Table 1 lists the resulting three best options for heat generation of equivalent capacity (12.06 BBTU total annual consumption, 8.0 MBTU/hr peak delivery). For purposes of considering heat sources for snowmelt, Table 1 includes Options 1 and 4. The recommended heat recovery system is Option 3, referred to as the "hybrid system". This system is described in more detail in the attached document. Table 1 lists the estimated capital and operating costs of each alternative. Table 2 provides an estimate of the carbon footprint of each alternative. In Table 2, the third column lists the estimated carbon footprint of the snow melted areas only, while the fourth column lists the combined carbon footprint of the Recreation Center (about 605 tons CO2/yr in 2007) plus the areas to be snow melted. The difference between these two columns shows the environmental benefit received by the Recreation Center by the heat loop. The core benefits received from this project with selection of the hybrid option are: • Reduced carbon footprint for the Town's snowmelt system as compared to the conventional approach (100% natural gas boilers) by about 135 tons/yr CO2 (a decrease of about 47%!) • Reduced carbon footprint for the Avon Recreation Center as compared to current emissions by about 568 tons/yr CO2 (a decrease of about 94%). • Reduced Town's annual operations cost as compared to the "do nothing" alternative by about $18,000/yr. Page 2 of 5 • Increased treatment efficiency and capacity at Avon WWTF without expansion in tankage or treatment works (e.g., by increasing solids handling throughput). • Adds direct control of wastewater effluent temperature discharged from the Avon WWTF to the Eagle River. • Two -agency project provides access to grant funds which would not be available to either agency alone (e.g., DOLA New Energy Communities Fund with awards available up to $2M). • Demonstrates environmental stewardship, alternative energy leadership, and success through collaboration by the Town and the District. Schedule - The schedule for work in this project and how it relates to other related projects and key grant deadlines is provided in Table 3. CDM is currently conducting preliminary engineering of the recommended hybrid system and assisting with preparation of grant applications. Additional information is needed from the District regarding siting options within the plant property, to identify some potential additional uses for the heat from this system, and to quantify other benefits which they would receive from such a facility. Once this information is obtained, it will be able to determine the approximate share of the capital and operating costs which should be assigned pro -rata to each agency. Assuming the schedule listed in Table 3 is held, such a facility may not be fully in place until the summer of 2010. Public Works will need to manually remove snow at Avon Station and on Main St. until this time. Implications to Main Street Design — Later this evening, the Council will be asked to provide staff with clear direction on whether to add snow melt into the Main Street design, irrespective of the source of heating. This decision is necessary because the whole street design truly hinges on this question. If Council wishes to add this in, Engineering will execute the bid -alternate with Britina and the construction cost for Main Street can be expected to increase by $825,000 for 48,000 sf of snowmelt piping. Additional engineering and construction costs will be incurred to design and build some type of heat generation system to deliver energy to this piping (cost estimate as shown above). Financial Implications: If the heat recovery project is fully constructed, the resulting facility as described in the attached document is estimated to cost about $3.68M to construct and about $192,000 per year to operate. Although the exact cost -benefit split has not yet been determined, it is anticipated that the Town will use a significantly greater proportion of the energy from the heat loop as compared to the District. The Town's pro -rate share of the capital cost of the hybrid heat recovery system is expected to be approximately 20-50% higher ($600,000-$1,00,000) than a 100% natural gas boiler system, however, there is a reasonable potential for grant monies to offset this cost differential. In addition, the long-term operating costs are expected to be lower. Finally, the hybrid system would provide additional non -economic benefits to the Town and to the District, including a significant reduction in the Town's carbon footprint compared to other options. Recommendation: Staff recommends continued pursuit of grants to assist with final design and construction of the "hybrid system" as described in the attached document. The resulting infrastructure would create a robust and cost-effective heating system, available for multiple public users within the West Town Center. If Council agrees, staff will prepare and submit several grant applications and include costs for this project in the 2009-2013 CIP. Town Manager Comments: Page 3 of 5 Table 1. Summary of Alternatives: Estimates of Probable Cost(a) Option Name Capital Cost O&M Cost Comments / Additional Benefits 1 100% NG Boilers for Snowmelt�a� (TOA only) $2.40M $185,000 /yr Town of Avon pays 100% in this "base case" option; no benefit to Recreation Center or District 2 100% Heat Pume (two medium sized heat pumps plus solar thermal) $3.91 M(b) $250,000 /yr Maximum temperature of glycol loop for snow melt is limited to 120 F. This will reduce flexibility and make ntrols more dfficult System can be used to i reduce energy costs for Avon WWTF, Recreation Center and future Town Hall 3 Hybrid System(a) (medium-sized heat pump, solar thermal, natural gas boiler for peak) $3.68M(b) $192,000 /yr Readily available components; able to produce glycol water temperatures in excess of 140 F under all conditions, excellent control and turndown capability; System can be used to reduce energy costs for Avon WWTF, Recreation Center and future Town Hall 4 Manual Snow removal $0.25M TOA $209,000 /yr Town of Avon pays 100% in this "do nothing" option; no benefit to Recreation Center or District (a) Heat generation of equivalent capacity (12.06 BBTU total annual consumption, 8.0 MBTU/hr peak delivery (b) Costs will be prorated to each agency in proportion to the benefits received. Table 2. Summary of Alternatives: Carbon Footprint Option Name Snowmelt Areas only (tons CO2/yr) Snowmelt + Recreation Center (tons CO2/yr) 1 100% NG Boilers for Snowmelt 288 893 2 100% Heat Pump 0 37 3 Hybrid System 153 190 4 Manual Snow removal 65 670 Page 4 of 5 Table 3. Proposed Project Schedule Activity Heat Recovery System Engineering Preliminary Design Main Street Project Design Submit grant request to Colorado Department of Local Affairs (CDOLA) for New Energy Communities Initiative Grant (e.g., $2,000,000) Submit grant request to Water Environment Research Fund (WERF) (e.g., $200,000) Submit grant request to Colorado Governors Energy Office (GEO) (e.g., $200,000) Learn results of grant requests Heat Recovery System Final Design Main Street Project Construction Construction Heat Recovery System Date In progress In progress Letter of Intent submitted 7/18 Application due 9/19 Due July 29, 2008 Pro Forma due 7/24 Application due mid -September October - December, 2008 December 2008 — May 2009 April — November 2009 June 2009 - September 2010 Page 5 of 5 PROPOSAL TO DESIGN AND CONSTRUCT A COMMUNITY HEAT RECOVERY SYSTEM A COOPEIVE VENTURE AND JOINT APPLICATION BY: TOWN OF AVON and EAGLE RIVER WATER AND COLORADO ipmpor AvoN COL O R A 0 0 SANITATION DISTRICT tv,41, I. Summary Two local entities are working cooperatively to conduct urban renewal, replace aging and inefficient infrastructure, and to build a better community in Avon, Colorado. The Town of Avon (Town) is the local government authority who provides services including public works, transit, building permitting, public safety, recreational services engineering, and general government and engineering services. Eagle River Water and Sanitation District (District) provides potable water and collection, treatment, and disposal of wastewater in Avon. The Town Council and the District Board have complementary goals of conserving energy and providing long-term operational sustainability to the loc population as it grows and develops. This proposal represents a joint application by t Ni the District to design and construct a waste heat recover system that will capture solar heat and extract heat from *sty ater treatment plant (WWTP) processes for beneficial use in the Avon • unity. The he 1 be utilized to optimize biosolids processing at the WWTP, provior the comm w'... ing pool, and to melt snow in high traffic pedestrian areas in ord e pedestna s;: ty. Power for the waste heat recovery system would be provided by electrfy purchased from Holy Cross Energy. The use of wind power and a r t eve will enable the Town and District to provide a nec - i -' a.. structure ' . ®,p• vement a ►'. reduce the carbon footprint compared to current o ations. her, the prot will achieve a reduction in the wastewater effluent temperatur m� is cum; ly discharge. .• t. e Eagle River during fish -sensitive periods. The Town and - 'stn o expect to ?. e tax and rate payers money as a result of this project as c • ... ared to ..ttve 4 status quo because it results in a more sustainabl ®. ratio . 's excit . .roject will be the first of its kind — to use plant waste h=�=®for a snow e ste '` +• the United States. Eagle River in Autumn Prehmin s was '`' -rformed by Town engineering staff who determined that the proposeproject is technically feasible and appears to be cost effective. The proximity ®' TP to the targeted core pedestrian area and the ability of the Town and Distric a ®, , •urces have provided the basis for a successful public works project. The Distnc . `_ eed to locate mechanical and electrical equipment required for this project on the WWTP "``- and to share in the construction and operations cost of the system. The Town has agreed , o limit the surface area for snow melt in the urban renewal area to that which can be served by this waste heat recovery system, focusing on only the busiest pedestrian areas. The pool will retain its existing natural gas boiler system for back-up. Both agencies have made a commitment to share in the construction and operational costs of the project in proportion to the benefits achieved. gineering an to heat reco e Avon are r This document provides a description of the proposed project which can be used to communicate with project stakeholders and the public. This document includes the necessary elements of a Page 1 of 15 7/16/2008 Avon, Colorado, located in the heart of the Rocky Mountains, is a strongly dependant on a quality environment and recreation -based at 7,420 feet MSL and has four distinct seasons, including sno November until mid -April. Currently, the population of A about 12,000 during the winter months). The population average of about 20,000 by 2020. Avon is undergoin downtown core to eliminate blight and improve eco attainable housing, and to offer transportation co v. era •r• cted to ® ,, a newal and t i is conditions, provide s to th, egional area. agle River Kay er The Eagle River is a sparkling clear river supplied from several of Colorado's highest peaks; thi river runs from Tennessee Pass through Avon and disch ® . tan average daily rate of about 565 cfs into the Colors► 6 9 " .bout 50 miles downstream in Gypsum.' Avon resi visitors alike depend on the Eagle River in n This river is a designated f, ' = eational Use recreational activities u ti^ e abundant white water rafting, source of potable to wastewater for the Town continues to The State about The Dis flow of 2.2 river flow rate location have effluent temperatures g these months that are in the range of 14°C to 1 For this reason, the District is considering extracting and dissipating heat from plant effluent. The District is also looking at means to pre -heat the wastewater solids prior to stabilizing them in an auto- thremal thermophilic aerobic digestion (ATAD) process. The ATAD process operates at increasing efficiencies and gains capacity with each incremental temperature increase above 50°C. Pre -heating will enable the WWTP to achieve temperatures of 55°C in the first stage of the ver's abili essure o ' a artm to ceive Page 2 of 15 erates the A ® d dischar i �.�ut 316 c been de'-: s river is b Tent of treate ale Riv imany t fishing, the lation. Public Health and Environment has expressed concerns stewater discharges in the fall and early winter. grant application, including introductory information, project benefits, technical details, financial considerations, and project management plan and schedule. This project shows how local agencies can work cooperatively for mutual benefit to provide infrastructure which accommodates growth and urban renewal and simultaneously demonstrate strong environmental leadership. II. Introduction gr+`', community which is nomy. The town is located inters lasting from mid - out 7,500 (swelling to to a year-round zation in the jobs and Wast: ' ater Treatment Plant (WWTP). This plant has an average to the Eagle River in Avon at a point when the average daily During September and October, minimum river flows at this y U.S.G.S. at about 102 cfs.3 Avon WWTP staff has observed ERWSD Loading Dock and Driveway 7/16/2008 ATAD (currently the process can only manage 40°C in the first stage). Post cooling the ATAD effluent not only provides an opportunity for heat recovery, but also reduces final solids processing costs by reducing the chemical demands. Post -cooling the biosolids to 25°C increases the efficiency of the biosolids dewatering centrifuges and reduces the polymer demands, increases, centrifuge throughput, and allows for a drier final biosolids product. Thus, not only are chemical requirements reduced, but operational processing times are reduced, and product hauling costs are lowered. If fully recovered, about 1 MW of thermal energy is available between the wastewater effluent and the ATAD effluent. Section IV describes a method that economically maximizes the waste heat recovery. Beyond the need for heat recovery in the solids processing syste heat for space heating and for snowmelt of the driveway and r would allow the plant areas currently set aside for stockpilin available for other uses, and the District would likely rea plowing. The Districts waste heat demands are unlik captured from wastewater effluent and the ATAD any surplus heat recovered from the WWTP av The Avon WWTP is located adjacent to the Town's ur owned land by a Union Pacific Railroad right-of-way. The Town of Avon is undergoing a majo renewal effort to eliminate blight and stim economy. One important objective of this e the creation of vibrant streetscapes and multi - transportation connection--grr renewal is expected to increase t bs and loc live -work arrangem tourism. Winter touris visitors come to Avon's a lodges and at nearb ®�9 thed•.`• hig . and icy su co , work against ►' µ"' system for the s eas inclu wn core area hile s it an. von, the winter, m create slipp own's goa sidew a relatively large ar ground loop pumping natural gas or 3,620,0 'i kW-hrs of electricity, respectfully. The least cost option (natural gas boilers) was estimated to cost approximately $4.45 million to construct and about $650,000 per year to operate and would have emitted more than 2,100 tons of carbon dioxide into the atmosphere. After recently taking bold actions to reduce the Town's carbon footprint via purchase of 100% wind -generated electrical power as wind power in January 2008, the Avon Town Council voted against pursuing the large snow melt streetscape and sought other options to fulfill urban renewal goals in a more sustainable manner.4 ith recreatio strong, as and sn• , a ` ding ver Creek. In n traffic is pedes and ess, thu the To e District could use waste ock. This improvement rge pi e snow to be made r costs iated with utilize all ; ; . ilable waste the District ha - e • o make of Avon, a ne. .' eighbor. ea, separate om town- Blig ea to be improved by project ns wear ski boots and carry sports equipment. Snowy lling hazards, increase the Town's insurance claims, and f creating a vibrant streetscape. For this reason, a snow melt s, and paths was incorporated into the urban renewal project over 0 sf). The Town considered either natural gas fired boilers or atives that would have consumed approximately 348,000 therms of Page 3of15 7/16/2008 Current and Proposed Future look of Streetscape in Avon's Ur Area (note snow melt system in use on right) District and Town staff met informally in January 2008 u progres "'9;6 rban renewal efforts. Staff identified this sustainability initiative . win -win for the Tow � '- District, the Eagle River, and local residents. III. Project Statement and Benefits This project proposes to use a combinati waste heat from the wastewater plant and thermal water heating as the prime energy s snow melt in core pedestrian and high -risk a center, and within the WW- • insufficient for the sno ,�•R a a` backup natural gas b • would using a heat -pump yst 4 ; ower thermal and the heat-pum • e ,, r compared to wastewa the ye wo • rocess e used to supp • scantly reduce techn cesses. Du . , d or canno tarted. The s; • y renewable '.n foo es. ands tto t tN. h town' This project will result in economic benefits to both agencies. An after -project operational savings of about $20,000 per year has been estimated for the District and the Town will save about $77.000 ner year for the Town. ste heat r5very system that provides , the community recreational ter sto ®`•"or at night when solar energy is eet requir d snow melt system temperatures, ste heat in the effluent would be transferred `e.�.-generated electricity. Between the solar t of the system is significantly reduced o `" `melt demands are by nature seasonal and ess than the available heat, surplus heat could for most of. • , hot tubs, and showers in the recreational center. This s ent carbon footprint. This project • the oppo ''ty to showcase how common process technologies and mechanical co :`®'r nts can o applied in a unique way to solve several problems facing communities toda . er ®e many facilities in the U.S. that shed waste heat without obtaining any benefit from it. 'a ecovery systems such as the one proposed here have a wide application. This pro';- t will demonstrate the degree of energy efficiency available with current heat recovery technology. It would be the first of its kind in the United States with respect to the use of waste heat from a wastewater plant for the creation of a snow melt system. The project demonstrates the range of options available to local governments and agencies that are willing to work together and apply creative engineering solutions to address difficult issues including climate change, urban renewal and limited resources. At the local level, this project has very direct and exciting benefits, including: Page 4 of 15 7/16/2008 • The Town is able to improve the safety and vitality of core pedestrian areas with a limited impact on the Town's current total carbon footprint. • The Town could reduce natural gas purchases for the recreational center from 10,800 decatherms per year to approximately 3,200 decatherms per year. This translates into a savings of $77,000 annually in natural gas costs and a reduction in carbon footprint of over 600 tons per year. • The Eagle River benefits when the effluent temperature is reduced prior to river discharge, improving river temperatures for fish spawning. • The District will increase the cost-effectiveness of solids trea rocessing by reducing expensive polymer consumption and increasing bi �: ids : ke dryness. Assuming a 50% reduction in polymer usage results, the LL: ;ct could realize an annual savings of about $20,000.5 • The District benefits by reducing their plant site ar a ently . t . snow storage and reducing the risk of back-up of the plant drain a - - ater sep. L; systems. As compared to other projects competitively seek _final . national grant this project includes: • Multi -agency cooperation • Environmental leadership • Reduced carbon footprint operatio • Improved river water temperatures • Reduced risk for liability claims (fro • Installation of the em of its typ • Urban renewal ►e' bhg{: ; rea • Tangible ne' - b ®,, ood be e it provided b he wastewater treatment plant IV. Techni Figure syste site and mechanica pump, one anticipated transfer it to glycol ® ping. Only a portion of the plant's final effluent (' , a maximum of 1,040 gpm (1.5 mgd), would be pum • - d through the heat recovery system and none'of this effluent would ever leave the plant property, eliminating concerns about water rights. The portion of the effluent which is cooled through the heat recovery system would be blended back with the remainder of the effluent in the final effluent discharge piping, and would flow to the river outfall. Heat would also be recovered from the wastewater treatment plant's ATAD system by pumping the hot sludge through a glycol to sludge heat exchanger. ers a dra cess flow sch `a a kcal locations. ment consi he. ® ;� p compr to ca. waste posed heat recovery Fig. t ows the project e para : train of g of one plant effluent or, and one glycol pump is at from the plant and support, ATAD process stream piping Page 5 of 15 7/16/2008 Due to severe winter weather and existing space limitations, the waste heat recovery system must be housed indoors in a new building. Most of the year and during the daylight hours, the system's heat would be provided by a solar thermal hot water system. Under peak heating demands, a natural gas boiler could be operated to provide supplemental heating to the system. The solar thermal system and the supplemental boiler building could be located on the Town property and potentially on or in the recreational center. The glycol supply (GLY-S) and return (GLY-R) piping operates in a closed -loop configuration. This piping would be located within the plant site to deliver heat to the District's on -site snow melt system and would extend off site into Town -owned right-of-way and connected to the snow melt system in public pedestrian areas. A pair of 8 -inch diameter pipes would be installed and located approximately as shown in Figure 2. The piping would be insulated and buried at least 4 feet deep to be below the frost zone and to minimize heat losses. The distance between the plant and the Town's pool and snow melt connection is approximately 1,700 LF; most of this distance is in the grassy area along the south side of Benchmark Road. The pipe alignment includes one crossing under a Union Pacific Railroad. The Town does not expect difficulty in obtaining a utility easement for this crossing. Once fully completed, the heat recovery system would reduce the effluent temperature for the processed effluent flow of 1,040 gpm by approximately 4°C (e.g., from 15°C to 11°C). The temperature in the final stage of the ATAD system could be reduced from 54°C in the previous stage to about 40°C. The closed glycol loop would have a flow of about 750 gpm and would operate at a temperature differential of approximately 12°C between the GLY-S and GLY-R (e.g., from 55°C to 43°C). Page 6 of 15 7/16/2008 S MAKE -MP v1A• CHEMICA1 ADon w FIGURE 1 PROCESS FLOW SCHEMATIC - HYBIRD OPTION AVON HEAT RECOVERY Page 7 of 15 7/16/2008 The system control would be analogous to similar systems. Moisture and temperature sensors at the pavement surfaces would call for increased pumping rates when snow begins to accumulate. The temperature of the glycol loop would be monitored against pre -selected temperature set points and would be used as a trimming signal to ensure a smooth operation. The thermostat on the heat pump and backup boiler would be connected to the glycol temperature measurement system. The District would add this system to its existing supervisory control and data acquisition system (SCADA), allowing for display on the operator's terminal. Back-up power would not be necessary for this system. In the event of a power outage, the system could be manually re -set when grid power is restored to the plant. The system in its entirety is sized to provide a maximum of 2,300 does not include the solar thermal system that has a capacity o clear sky daylight conditions. Approximately, 1100 kW -the heat pump to the GLY loop and the backup boilers woul thermal as needed. A minor amount of heat would als the GLY loop. The heat from this system would provide up to 30 W/s approximately 75,000 sf. At present, the expected uses the District's plant and about 65,000 sf 146 kW of energy is provided for peak A 316 kW -thermal would meet the daytime p year. The total electrical dema equipment on this sys the new pump stati system will consume ap this electrical d .. , approx pump on c aa• ATAD ► cess. The tev, prod otal of 190 to purc as a .. roximately 1 January thr. ' November, the same time natural gas boile under times of sigm at • d. The pr ted in the Town dge pre -heat demands fo tion for the ins housed is estimat 60,000 kW -thermal of energy. This thermal, under typical of en is provided from the an ad. ® 1 1200 kW- ered from th D system to sf) of sno elt energy for include about 10,000 sf located at estrian areas. An additional ma ds. The solar output of t 9 to 10 months of the This project allows the Town to meet both its sustainability goals and achieve urban renewal with a safer and more vibrant streetscape. e about 500 kW.6 Operation of the of wind -generated electricity annually. Of of this electricity will be for running the heat mainta . of demands and provide pre -heating to the proximately 3,170 decatherms of natural gas per year and year . ' a .on emissions. In comparison, the Town of Avon 0 dec erms of natural gas for the recreational center from 1, a 7 anreleased approximately, 567 tons of carbon emissions over sed hybrid heat pump, solar thermal heating, and supplemental d eliminate natural gas purchases for the recreational center except ow events. V. Financial Considerations Capital Costs The planning level estimate of probable cost for this system is approximately $3.68million to plan, design, and construct (July 2008 dollars). This estimate does not include costs for the Town's street revitalization projects on Lake Street and Main Street or the District's cost to reconstruct their driveway and loading dock to install snow melt piping. These excluded costs Page 8 of 15 7/16/2008 would be born directly by the respective agencies. A breakdown of cost components is shown in Table 1. The Town and the District have agreed to split the design and project administration costs (i.e., "soft costs") equally, with each agency paying 50%. The agencies have allocated a maximum of $90,000 each ($180,000 total) to complete engineering design to a 30% level in 2008. Additional funds will be needed in 2008 and 2009 to complete the design. The agencies are applying for grant funds to be used for the construction phase. Assuming that a significant portion of the target grant funding is obtained, the two agencies have a ed to pro -rate the remaining costs (i.e., all non -grant funded costs) in proportion to th- ®, achieved. An even project cost split for construction costs has been assumed in Tabl: or discussion purposes. Grant Eligibility The agencies are seeking grant funding up to 80% of the local match. The following potential funding partner thus far: • Water Environment Research Federation • State of Colorado — Governor's Energy Office • Federal Government o Department of Agriculture ►°� g, . ble Energy S t ' s . d Energy Efficiency Improvements o Department of Agriculture C a erva r vatio rants o Department o energy State E ial Projects • Holy Cross Ener • American Pu. e orks":s ciation • StEPP Fo +anvironmen ectPipeline) • Turner Foundatio • Trou • V with 20 "'•' sources ha g provided as a n identified Page 9 of 15 7/16/2008 Table 1. Estimate of Probable Capital Cost Component Capital Cost Engineering and Fees A/E Fees (10%) $327,337 CM fees (2%) $65,467 Surveys and Tests (0.5%) $16,367 Permits and Fees (0%) 0 Subtotal , 1 Construction Cost Heat Pump Building ��- 00 Boiler Building $9 Glycol Pumps (2 @ 700 gpm) $120, Wastewater Effluent Pumps (1 @ 350 gpm) $50,000 ATAD Preheating Pumps (2) qr, $40,000 Heat Pumps (1) ' $103,000 Heat Exchanger (2) $60,000 Boiler • • fi.c„ $60,000 Solar Thermal Heating System . x $200,000 GLY Pipe (3400 LF 8" sch80 PVC, double-walle' long r.o.w.) s� gi 8,000 Jackets, Insulation, pipe supports ® $61,200 Electrical (500 kW service, transformer, motors, swi"' ear ,• art,. $400,000 Instrumentation and Controls ® ® $100,000 $40,000 Equipment pads and misc. �14.. N Site Civil ''' $50,000 Miscellaneous Piping . .o'`a� ctions ®�. $100,000 Subtotal $2,017,200 Contingency "'`� , $504,300 ubtot i i stuction Cos with Contingency $2,521,500 An Ge �. tractor's Overhea '- Genera s'�°.' ari'tions (18°/") $453,870 General ctor's Profit (11. /oi $298,000 Total Construction Cost $3,273,370 ' nd Total $3,682,541 Operating and Maint(nance Cost The cost estimate to operate the heat recovery system at the Avon WWTP is approximately $192,000 per year (July 2008 dollars). A cost -sharing agreement has been developed between the authorizing agencies as follows: • The Town pays for operation of the heat recovery system throughout the year; the electric meter would be assigned to the Town. This allows the agencies to use wind -generated electricity that the Town purchases from Holy Cross Energy to power the system. Page 10 of 15 7/16/2008 • The District contributes funding annually to the Town's general fund to compensate for electric power to run the system during months when snow melting is not necessary but when the District elects to shed waste heat. (Snow melting is generally necessary only from November 15th through March 3O). • The District provides the land, indoor building space, utilities and control system connections (excluding electricity), and plant inter -ties for mechanical and electrical system components at the Avon Wastewater Treatment Plant. • Maintenance of the system is conducted by District staff and bi • to the Town of Avon at cost. VI. Project Management Plan and Schedule This is a two -agency project to be conducted by the To a i e District. e 'fer Strehler, Director of Public Works for the Town, and Chris es, Wastewater Opera ® ® Manger for the District, will execute this project cooperative .fer an Chris are wor ether to develop the final project plans, communicate with rot ��®. en_ ®� _� g staff and c' sultants, report to the District board and local Avon leaders on prand manage the project's overall scope, schedule, budget and quality. C t� is under a dual ®` . ct by the Town and District to provide engineering predesign and desig ces for this pro Contact information for the agencies and th onsultanas follows: able 2. Con nforma Town of Avon �,, Eagle River ter and rotation Dist :. '`" Consultant Jennifer Strehler P.E. r - Director o. o . 500 Swulch Roa �` P.O. 75 Avo 20 � f Tel: (970) 100 FAX: (970) = 58 jstrehler@avon '.w -., Scott Vandenburgh Project Manager 11811 NE 1st Street, Suite 201 Bellevue, WA 98005, Tel: (425) 519-8399 FAX: (425) 646-9523 vandenburghsrAcdm.com Wastew ivision Manager ' Forest Road .- 81657 Te . 970) 477-5494 F : (970) 477-5434 cmaines(aerwsd.org The construction phas€s will be competitively bid, with award to the responsive and responsible general contractor who offers the lowest monetary bid. The Town would take the lead on awarding the contracts for construction and managing project financing and payments to contractors, with the District acting in a repayment capacity for shared -cost items and providing on -site inspection of the mechanical and electrical work conducted within the Avon WWTP property. A project schedule is shown in Table 3. A Site Plan of the Facilities is shown in Figure 2. The physical layout of the construction is shown in Figure 3. The total project would consist of Page 11 of 15 7/16/2008 construction of the heat pump facilities at the WWTP, construction of the glycol loop between the new heat pump building and the Avon Station, installation of the supplemental natural gas boiler and the solar thermal system, and connections between the glycol loop and the existing recreational center. The Avon Station is a multi -modal hub which connects car, transit, pedestrian, bicycle, gondola and a future light -rail link. A snow melt system (about 25,000 sf in area) is already in place under brick pavers at Avon Station. Additional pavers will be added down Lettuce Shed Lane by the Town in the near future. Expansion of the snow melt system from Lettuce Shed Lane to e east and west to plaza areas and sidewalks located along the Avon's new Main Street wou • - made in this project. Since Main Street will be built in 2009, the Town intend e anually remove snow for the first winter season until the new heat recovery system is in Table 3. Proposed Project Sch Activity Heat Recovery System Engineering Prelimina Main Street Project Design Submit grant request to Colorado De (CDOLA) for New Energy Communiti $2,000,000) Submit grant request to Water Environme (WERF) (e.g., $200,000) Submit grant request t (GEO) (e.g., $200, Learn results of grant Heat Recove + stem Main S Con VII. Empl Both the Town and consistent with state ent of Local A ative Grant (e: Governors ergy Offic lestone Date In progress progress Letter of Intent submitted 7/18 Application due 9/19 ue July 29, 2008 Pro Forma due 7/24 Application due mid -September October - December, 2008 December 2008 — May 2009 April — November 2009 June 2009 - September 2010 tracting Compliance Policy Statements ct have employment and human relations policies which are a " ` ederal requirements. These include the following policies: • Equal Opportunity and Minority Contractor • Drug free workplace • Employment of Illegal Aliens Both agencies require that the policy be received, read, and understood by all employees, as evidenced by their signature on a copy of the policy which is maintained in personnel records. A copy of each agency's policies on these important items is available upon request. Page 12of15 7/16/2008 00 0 O N N Figure 2. Site Plan Restaurant Plaza Construction Plan 00 0 0 N C END OF DOCUMENT END NOTES: 1 U.S. Geological Survey records for past 61 years. Obtained online on February 29, 2008 at http://waterdata.usgs. gov/nwis/uv?09070000 2 U.S. Geological Survey records for past 8 years. Obtained online on February 29, 2008 at http://waterdata.usgs.gov/nwi s/uv?09067020 3 U.S. Geological Survey records for months of September and October over past 8 yeminimum here is listed at 10th percentile values of daily flow rate data. Obtained online on February 29, 2008 at http://waterdata.usgs. gov/nwi s/uv?09067020 4 The Town of Avon began purchasing wind -generated electricity (not credits) ss from Holy Cross Energy in January 2008, reducing their carbon footprint to less than 50% of 2007 leve . � an carbon footprint and energy consumption is a key goal of the Town of Avon. See Avon's Climate Acti • ' lan, S 07. 5 This assumption will be tested during the engineering design phase. 6 Assumes a coefficient of power of approximately 3.0. Page 15 of 15 7/16/2008