TC Council Packet 11-09-2010. ..: f
TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, NOVEMBER 9, 2010 V0 N
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL 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 TOWN HALL 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 & CITIZEN INPUT
a. Email from Andy Kaufman, Wildridge Resident, addressing Conditions on Wildridge & Metcalf
Road dated 10/27/10
b. Additional Public Comments on the Avon Development Code (Ordinance No. 10 -14)
✓ Dominic Mauriello, Mauriello Planning Group, email dated 11/3/10
✓ Linn Brooks, Eagle River Water & Sanitation District, letter dated 11/3/10
c. Public Hearing on 2011 Budgets (Scott Wright, Assistant Town Manager Finance) Receive public
input on Town of Avon's budgets
d. Community Heat Recovery Project Update on "Opening Celebration" (Justin Hildreth, Town
Engineer) Review project completion and celebration dates / Verbal Update
5. CONSENT AGENDA
a. Minutes from October 26, 2010
b. Micro Tech -Tel Agreement (Scott Wright, Assistant Town Manager Finance) Agreement for the main
PRI T -1 circuit which is the line that carries all telephone numbers
c. Fleet Services Agreements (Dan Higgins, Fleet Manager) Proposed fleet services agreements for the
following agencies: Eagle River Fire Protection District, Beaver Creek. Metro District Buses, Eagle
County Ambulance District, Eagle River Water & Sanitation District, Beaver Creek Metro Public Works,
Ec0 Transit, Town of Minturn, Western Eagle County Ambulance District, Town of Redcliff, Vail Valley
Foundation, Greater Eagle Fire Protection District, ECO Hazmat Team, and the Gypsum Fire Protection
District for vehicle maintenance
6. ORDINANCES
a. Public Hearing on Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance
Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code;
Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2:
Administration and Personnel (Sally Vecchio, Asst Town Manager Community Development, Eric Heil,
Town Attorney) Review proposed Development Code as adopted by the Planning & Zoning Commission
Public Hearings held on July 27. 2010, August 10, 2010, August 17, 2010, August 24, 2010, August
31, 2010, September 28, 2010, October 12, 2010, October 26, 2010
Avon Council Meeting. 10. 11.09
Page 4 of 5
TOWN OF AVON, COLORADO 7411 AVON REGULAR MEETING FOR TUESDAY, NOVEMBER 9, 2010
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
6. ORDINANCES -CONTINUED
b. Public Hearing on Ordinance No. 10 -19, Series of 2010, First Reading, Ordinance Approving
Chateau St. Claire PUD Amendment (Matt Pielsticker, Planner II) Review proposed ordinance
amending PUD to remove requirement that prohibits dogs on the property
7. TOWN MANAGER REPORT
8. TOWN ATTORNEY REPORT
9. MAYOR REPORT
10. ADJOURNMENT
FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS:
NOVEMBER 23RD:Adopt 2011 Budget Resolutions, Swear in Newly Elected Council Members, Resolution
Appointing Municipal Judge
Avon Council Meeting. 10. 11.09
Page 5 of 5
Patty McKenny
From: Andrew W. Kaufman [andy @minturnsaloon.com]
Sent: Thursday, October 28, 2010 1:48 PM
To: Larry Brooks; Jennifer Strehler
Cc: Patty McKenny; Gary Padilla
Subject: RE: Dangerous conditions on Metcalf and Wildridge Road
Thank you all for your response and comments. I did have the opportunity to talk with Dave Dantas this morning and
have a call to return to Rich Carroll. Personally I cannot think of a more important public safety issue for the town of
Avon than conditions on the one and only road into Wildridge (except building a second access road even if only for
emergencies).
Andy
Andrew Kaufman
Owner - Minturn Saloon
ph. 970 - 827 -5954
www.MinturnSaloon.com
Named to "America's Best" list 2007 -2010 - Esquire Magazine
"Best Ski Bar in Colorado" - Outside Magazine
Finalist - "Business of the Year 2010" - Vail Valley Partnership
"Best Margarita in the Rockies" - City Magazine
Minturn Saloon now on Facebook. Follow us for all the updates!
From: Larry Brooks [mailto:LBrooks @avon.org]
Sent: Thursday, October 28, 2010 12:06 PM
To: Jennifer Strehler; andy @minturnsaloon.com
Cc: Patty McKenny; Gary Padilla
Subject: RE: Dangerous conditions on Metcalf and Wildridge Road
Looks good. We may want to consider a road hotline number which we can publicize? I am not sure
how many people would know where to call, but with restricted work forces, the additional eyes out
there may be helpful in responding to trouble spots rather than driving all over the kingdom. Think
about it some please
From: Jennifer Strehler
Sent: Thursday, October 28, 2010 1:02 PM
To: andy @minturnsaloon.com
Cc: Larry Brooks; Patty McKenny; Gary Padilla
Subject: RE: Dangerous conditions on Metcalf and Wildridge Road
Hi Andy,
it was good to talk with you this morning. While we discussed a number of things, I think the important points to re -cap
are these:
Public Works always appreciates calls from the community because that provides a lot of extra eyes on our road
system. Please feel free to contact Public Works at 748 -4100 whenever you perceive a road - related problem.
• Avon Public Works does try to get out and put cinders down on black ice. Unlike compact snow, cinders tend to
bounce away off of ice, so they don't last as long on icy spots.
• Trucks were out there yesterday morning from about 9:15am -11am putting down cinders in icy spots. You
mentioned that you passed the truck just after you encountered the icy spot on Metcalf.
• Safe speeds and snow tires are essential here in the mountains. It is good that you did get your snow tires
installed yesterday after the icy morning; I think several people were in that boat.
• We are in the process of adding a "Winter Driving Tips" section to the Public Works page of the Town web site at
www.avon.org. Please take a look there when you get a chance. We will also try to put a press release in the
newspaper.
Thanks again for your time this morning and please feel free to contact me if you have any other questions.
Jenny
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
TEL: 970.748.4100
FAX: 970.748.1958
www.avon.org
From: Andrew W. Kaufman [ma i Ito: a ndy@minturnsaloon.com]
Sent: Wednesday, October 27, 2010 9:07 PM
To: Buz Reynolds; Brian Sipes; Dave Dantas; Ron Wolfe; Rich Carroll; kferarro @avon.org; Amy Phillips; Larry Brooks;
Jennifer Strehler
Subject: Dangerous conditions on Metcalf and Wildridge Road
To all Council members, Town Manager, and Director of Public Works -
I am beginning my 7th winter living in Wildridge and my 36th winter in the valley. I am not a stranger to winter
driving conditions or with the drive in and out of Wildridge. This morning about 8:45am I got a call from my wife
warning me of icy and slippery conditions on the road down into town. She said she experienced a van sliding toward
her. When I drove out one hour later I too found road conditions very dangerous due to a thin film of ice in many
locations on Wildridge and Metcalf roads.
During my wife's phone call she suggested that I call the town in case Public Works was unaware of the icy
conditions. I did so and am troubled by the information I received.
I was informed that due to budget cutbacks new rules were in effect for snowplowing and road safety. I was
told that plows would not be going out with less than one inch of snow on the roads. If one inch of snow was the
problem that would be OK, but it was not. As anyone who has lived in the mountains for more than one winter
understands, the combination of quickly changing temperatures, wind, sun or the lack thereof, and a dusting of snow
or rain can create a thin film of ice that will cause extremely hazardous driving conditions. Plowing was not needed, but
the laying down of cinders certainly was needed. A proactive approach is important instead of reacting after dangerous
conditions have been created.
It was just a few days ago that I was talking with a new resident in Wildridge. She had just moved here from
the South with her young family and expressed her reservations about driving to her new home in Wildridge in the
winter. I assured her that the town of Avon takes great care of the road into Wildridge and that she need not fear
winter driving here. It would truly be a shame if the reputation for top notch care of the road into Wildridge changes
and people start to spread word that it is dangerous to drive in and out of Wildridge. Bad reputations are quickly made
and slowly turned around. This is a matter of true public safety. I know we have budget challenges but this road needs
to be maintained no matter what the cost. Please find your budget cuts elsewhere.
2
This discussion of road safety on Metcalf and Wildridge road also brings to mind that unfortunate fact that
there is only a single entrance egress for the Wildridge development. If there is a major accident or problem on the road
what is the plan for emergencies? What happens if there is a wild fire that takes out the road? Can a new paved bike
path be built that can also double as an emergency exit road? That sort of answer has been implemented in other
places.
We love living in Wildridge and take pride in Avon. Thank you for your consideration of this matter and look
forward to hearing from you .
Andy Kaufman
2877 O'Neal Spur
Home - 949 -5288
Cell 390-9869
Andrew Kaufman
Owner - Minturn Saloon
ph. 970 - 827 -5954
www.MinturnSaloon.com
Named to "America's Best" list 2007 -2010 - Esquire Magazine
"Best Ski Bar in Colorado" - Outside Magazine
Finalist - "Business of the Year 2010" - Vail Valley Partnership
"Best Margarita in the Rockies" - City Magazine
Minturn Saloon now on Facebook. Follow us for all the updates!
Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Ass't Town Mgr /Community Development
Date: November 2, 2010
Re: Additional Public Comments on The Avon Development Code
The attached written comments on the Avon Development Code were received by the Town
after the public hearing was closed.
EAGLE RIVER WATER & SANITATION DISTRICT
4W UPPER EAGLE REGIONAL WATER AUTHORITY
846 Forest Road ♦ Vail, Colorado 81657
♦ Phone (970) 476 -7480 ♦ FAX (970) 476 -4089
erwsd {a;erwsd.org www.erwsd.org
November 3, 2010
Mr. Lang Brooks
Town of Avon Manager
P.O. Box 975
Avon, CO 81620
IV
RE: Comments on Section 7.16.150 Location, Character and Extent and Chapter 7.401041
Regulations
Dear Larry,
Thank you for the opportunity to review the proposed Town of Avon Land Development Code and for
meeting with me on this topic. This letter contains the written comments from the Eagle River Water &
Sanitation District (District) and Upper Eagle Regional Water Authority (Authority), consistent with our
discussions on July 28, August 18 and August 31, 2010. The District's and Authority's comments are as
follows:
Section 7.16.150: Location, Character and Extent
1. In section 7.16.150 (a) Applicability, it is not dear what would constitute a "minor"
modification of an existing public facility. The District and Authority suggest that the definition
of minor include the expansion of the exterior of an existing facility within its pre - application
property boundary.
Chapter 7.40: 1041 Regulations
1. In section 7.40.100, Areas and activities designated, the definition of a "major extension"
of existing water and sewage treatment facilities is not dear. The District and Authority suggest
that 1041 regulations apply to projects that require a State Site Application amendment. Any
project that would result in an expansion of the permitted capacity of a plant, or would add or
change treatment processes would require a State Site Application amendment, and, under this
suggested definition, would be subject to 1041 regulations. Projects that consist of
maintenance, repair, upgrade of technology or replacement of aged equipment, and operational
changes within the plant that do not require a State Site Application amendment should not be
subject to 1041 regulations.
2. It is the District's and Authority's legal opinion that the Town cannot deny a water or
wastewater treatment facility project because it does not approve of the treatment process, if
approved by the state, or impose discharge limitations different than those stated in the
facility's state permit. I have attached the opinion of our legal counsel on this matter.
F:k15w5Dk1admin nt General Manager\Letters\2010\Lany Brooks - Avon Development Code.doc
EAGLE RIVER WATER & SANITATION DISTRICT
UPPER EAGLE REGIONAL WATER AUTHORITY
Mr. Larry Brooks
November 3, 2010
3. We find it inconsistent that section 7.32.070 requires all new development to connect to
UERWA and ERWSD (which we support), but the 1041 regulations impose significant financlal
and submission requirements on the same facilities that serve the Town and your residents.
The expansion of water and wastewater facilities, the implementation of new treatment
technologies and the ability of the water and wastewater treatment providers to meet ever
more - stringent water quality regulations benefit the environment and Town's ability to provide
for growth within its boundaries and enjoy the associated economic and social benefits thereof.
The costs of the 1041 process and fees will be passed on to our customers, including the
residents of the Town who are served by proposed projects, as are all costs of our operations.
In this matter, the Town benefits from the District's and Authority's projects and has control
over the costs of the 1041 process to Town residents. We urge the Town to consider the most
efficient process to address the Town's planning concerns, without imposing a significant
burden on its residents and the water and wastewater systems that serve them. I suggest the
following modifications to address these concerns:
(a) Add a provision to section 7.40.210, Fees that "Either the Upper Eagle Regional Water
Authority ( UERWA) or the Eagle River Water & Sanitation District ( ERWSD) may request a
waiver of the fees provided herein for any application for a 1041 permit and the Town Council
may grant such waiver." We request that the District and Authority should be specifically
permitted to provide any financial guarantees (i.e. section 7.40.300) required by the Code by
issuance of its own surety bond without a requirement for a corporate surety. These provisions
will provide significant savings to residents who will pay for this planning process.
(b) To address the efficiency of the 1041 process, we request that there be a provision for the
waiver of the need for a 1041 process, such as a Finding of No Significant Impact (FONSI), or in
cases where the Town determines the need for the 1041 process, that there exist the ability of
the Town to waive specific submission requirements and approval criteria if the Town makes a
determination that no significant planning benefit can result from the submission or evaluation
of the criteria. Such determinations could be made by Town staff, subject to a "call up" period
by the Town Council.
(c) In order to ensure that the 1041 Permit approval process meets the goals stated in the
code and is an efficient and successful process for both the Town and the District and Authority,
I suggest that the submittal requirements (7.40.760) and the approval criteria (7.40.780) be
closely aligned. Each approval criterion should be supported by submitted materials. In turn,
each approval criterion should support the stated goals of the 1041 Regulations.
4. We are concerned about the possible conflict created by the language in section 7.40.780 ("The
Town Council shall approve an application for a 1041 Permit for a Major Facility Project in the Town
of Avon only if the proposed construction, expansion, or modification compiles with the
Regulations, other applicable federal, state, and local guidelines and regulations, and meets III the
following criteria for review:) and section 7.40.790 ("The Town Council ash it deny the permit if the
EAGLE RIVER WATER & SANITATION DIsTRicT
UPPER EAGLE REGIONAL WATER AUTHORITY
Mr. Larry Brooks
November 3, 2010
proposed construction, expansion, or modification of the Major Facility Project does not meet all of
the criteria set out in §7.40.780 of this Article VIII."} We believe the Town Council should be
granted the discretion it normally exercises in these matters and suggest that section 7.40.780 be
revised to read, "The Town Council may approve an application for a 1041 Permit for a Major
Facility Project in the Town of Avon if the proposed construction, expansion, or modification
compiles with the Regulations, other applicable federal, state, and local guidelines and regulations,
and the Town Council determines the application meets the following criteria for review:" I suggest
that section 7.40.790 be deleted.
Thank you for considering these proposed modifications to the draft Town code. Please do not
hesitate to call me if you have any questions concerning these comments. Please circulate these
comments to the members of the Town Council.
Sincerely,
•
'nn Broo
Assistant General Manager
Eagle River Water & Sanitation District
Upper Eagle Regional Water Authority
cc: Dennis Gelvin
Eric Jorgenson
Andy Strehler
Todd Fessenden
Chris Maines
Bob Weaver
Attachment
Porzak Browning & Bushong LLP
Attorneys -at - Law
929 Pearl Street, Suite 300 Boulder, CO 80302 303 443 -6800 Fax 303 443-6864
Vail Office: 953 S. Frontage Road W., Suite 202 Vail, CO 81657 970-676 -5295 Fax 970476 -5309
TO: Linn Brooks, Assistant Manager, Eagle River Water & Sanitation District
FROM: Steve Bushong 4�fs
DATE: August 5, 2010
RE: Town of Avon's Draft 1041 Regulations
Per your request, I have reviewed the Town of Avon's draft 1041 regulations and
prepared the following legal opinion on the appropriate scope of 1041 regulations as
pertains to water quality and wastewater treatment.
Executive Summary.
The Town of Avon may adopt 1041 regulations that pertain to the site selection
and construction of new domestic water and sewage treatment systems and major
extensions thereof. Such regulations cannot, however, address the water quality matters
governed by the federal Clean Water Act and Colorado Water Quality Control Act.
Accordingly, 1041 regulations cannot modify such things as use classifications, water
quality standards, effluent limitations, discharge permits, treatment technology, and
reporting requirements as those matters are already addressed in detail by comprehensive
federal and state water quality regulations.
Leval Analysis.
1. 1041 Regulations. The Colorado Land Use Act grants local governments
the authority to regulate the land use effects associated with "activities of state interest,"
which are commonly referred to as 1041 regulations. Activities of state interest include
site selection and construction of new domestic water and sewage treatment systems and
major extensions thereof. C.R.S. § 24.65.1- 203(1)(a). Such regulations must serve the
express objectives set forth in the Land Use Act to be valid. City and County of Denver
Bd of Water Commis v. Bd of County Commis of Grand County, 782 P.2d 753, 760
(Colo. 1989). For water and wastewater facilities, the relevant objectives include the
proper utilization of existing facilities, the orderly development of facilities, the
anticipated growth and development and whether the financial and environmental
capacity of the area will sustain such growth and development. Id.; C.R.S. § 24 -65.1-
204(1). Wastewater treatment, point source discharges, and related water quality issues
are not objectives of the Land Use Act.
State statutes preempt 1041 regulations if (A) the statute does so expressly; (B)
the implied legislative intent is to completely occupy the field; or (C) the local regulation
would conflict with application of state statute. Bd. of County Commis v.
Bowen/Edwards Assocs. Inc., 830 P.2d 1045, 1056 -57 (Colo. 1992); see also Bd of
County Commis of Gunnison County v. BDS International, LLC, 159 P.3d 773 (Colo.
App. 2006) (finding aspects of 1041 regulations preempted under this analysis). A "local
government may not forbid that which the state has explicitly authorized." Johnson v.
Jefferson County Bd. of Health, 662 P.2d 463, 471 (Colo. 1983). Nor may a local
ordinance materially impede or destroy the state interest. Town of Carbondale v. GSS
Properties, LLC, 169 P.3d 675, 680 (Colo. 2007). For example, local regulations that
"impose technical conditions ... under circumstances where no such conditions are
imposed under the state statutory or regulatory scheme" or impose conditions "contrary
to those required by state law or regulation" are preempted by state law. Bowen/Edwards,
830 P.2d at 1060.
2. Clean Water Act Preemption Analysis. Under the Supremacy Clause of
the U.S. Constitution, federal law preempts contrary state law. Such preemption is
especially true where, as here, the federal Clean Water Act established "an all -
encompassing program of water pollution regulation." Milwaukee v. Illinois, 451 U.S.
304, 318 (1981). In fact, even if "the ultimate goal of both federal and state law is to
eliminate water pollution ... state law is preempted if it interferes with the methods by
which the federal statute was designed to reach this goal." International Paper Co. v.
Ouellette, 479 U.S. 481, 494 (1987). In discussing preemption of a nuisance lawsuit, the
Supreme Court in Ouellette cautioned against upsetting the balance of public and private
interests carefully addressed in the Clean Water Act's comprehensive regulatory
framework, where discharge permits are issued "according to established effluent
standards and water quality standards, that are in turn based upon available technology
and competing public and industrial uses ... consider[ing] the impact of the discharges
on the waterway, the types of effluents and the schedule for compliance, each of which
may vary widely among sources." Id. at 494496.
The Clean Water Act expressly allows the EPA to delegate certain responsibilities
to individual states, but only if the state submits a detailed request for administering its
own program and that program complies with the complex requirements of the Clean
Water Act. 33. U.S.C. § 1342(b). Even then, however, the EPA retains authority to
object to discharge permits or water quality standards implemented by the state. There
exists no authority whatsoever to delegate any aspect of the Clean Water Act to cities.
Colorado was delegated authority to implement the federal Clean Water Act, and does so
through the Colorado Water Quality Control Act, C.R.S. § 25 -8 -102, et. seq., and the
related regulations as discussed below.
The Colorado Water Quality Control Act expressly designates the Water Quality
Control Commission ( "Commission ") "as the state water pollution control agency for the
state for all purposes of the federal act" and authorizes the Commission "to take all action
necessary and appropriate to secure to this state [and] its municipalities ... the benefits of
said [federal] act." C.R.S. § 25- 8- 202(6). The Commission is "solely responsible for the
40099 2
adoption of water quality standards and classifications for state waters," and the Water
Quality Control Division is "solely responsible for the issuance and enforcement of
permits authorizing point source discharges to surface waters of the state." C.R.S. §§ 25-
8-202(7)(a) and (b)(I) (emphasis added). While the Clean Water Act allows a state to
adopt more stringent regulations than are contained in the federal Clean Water Act, in
Colorado that requires the Commission to hold public hearings and make detailed
findings in support of the more stringent requirements. C.R.S. § 25 -8- 202(8).
In short, the Clean Water Act is the comprehensive regulatory scheme for point
source discharges, effluent limits, wastewater treatment, reporting requirements, water
quality standards for the receiving streams and related matters, and those requirements
cannot and have not been delegated to individual cities or counties. Inconsistent
regulations are clearly preempted. Accordingly, the Town of Avon is prohibited from
imposing any separate requirements upon the District's point source discharges.
3. Avon's Draft 1041 Regmiations. Several provision of the draft Avon 1041
regulations may be facially invalid. For example, § 7.40.580(a)(7) of the regulations
state that one of its purposes is to ensure "water pollution remain at acceptable levels,"
which is clearly regulated by water quality standards, discharge permits and other matters
under the Clean Water Act. The regulations also impose new reporting requirements for
compliance with existing water quality standards and further examination of water
quality impacts and permit conditions than is required under the existing state and federal
law. See, e.g. Sections 7 40.580 (1) and (q), and 7.40.660 (m) and (n). The validity of
other more general provisions in the draft regulations may depend upon how they are
applied. For example, in Mt Emmons Mining Co. v. Town of Crested Butte, 690 P.2d
231, 242 (Colo. 1984), the validity of general water quality provisions in a local
ordinance depended upon how they would be applied, because in application, the Court
reasoned the Town might properly limit the regulations to nonpoint land disturbances
rather than apply them to point sources regulated under the Colorado Water Quality
Control Act.
40098
Sally Vecchio
From:
Dominic Mauriello [dominic @mpgvail.com]
Sent:
Wednesday, November 03, 2010 10:06 AM
To:
Town Council Members
Cc:
Todd Goulding; Chris Evans; Matt Gennett; Sally Vecchio
Subject:
Revised Municipal Code
Hi Everyone:
I had a conversation yesterday with Brian Sipes about the employee housing requirement in the core area of
Avon. While I am not necessarily convinced that it is a good idea to attach requirements to development in
the one area of Town that you should be doing everything in your power to encourage development or
redevelopment (i.e., you should do it in other places and not in the core), I understand the new proposal is to
have the employee housing requirement based on the number of employees generated per the County's
latest 2008 Nexus and Proportionality Study.
I have been very critical of the methodology used in that study that uses employee generation number from
1990, 1999, 2001, and 2007, does not dig critically into the actual generation of employees, and uses data
from 20 years ago that may no longer reflect current staffing levels for different types of commercial uses. I
think you should have your requirements based on a local, Avon - based, analysis or allow developers to submit
their own study in order to be accurate. I know one counter argument is that since you are only assessing at
10% then you don't need to be accurate. I think this is an absurd argument.
A similar example would be you allowing a developer coming in today with economic or fiscal data based on
appraisals or values per sq. ft. from 2007. You would never accept data that old when you know full well the
economy has changed.
So I my pitch is that you tie it to the best available data and allow for applicants to provide credible studies.
Thanks again for allowing me to participate.
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 1127
5601A Wildridge Road
Avon, Colorado 81620
970 - 376 -3318 cell
www.mpgvail.com
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager - Finance QL=-O-�
Date: November 4, 2010
Re: Public Hearing on Budget
Summary:
A public hearing will be held on Tuesday in order to give the public an opportunity to make
comments on the Town's 2010 proposed budget. The Town's budget has been on file with
the Town Clerk and at the Avon public library and was reviewed at length during with the
Town Council at the recent budget retreat held on October 12th.
Material changes to the proposed 2011 budget subsequent to the budget retreat that will be
incorporated into the final version for adoption on November 23rd include the following:
• Incorporation of the 2010 Certificates of Participation that were recently marketed and
will close on November 16th. The results of this issuance include a net reduction of
debt service costs to the Town and bond proceeds in the amount of $3 million to be
used towards the Swift Gulch transit facilities and improvement project.
• Recognition of FTA State of Good Repair grant in the amount of $7.5 million in the
Capital Projects Fund for the Swift Gulch project.
Funding of the 2011 Birds of Prey World Cup event in the amount of $40,000 and a
commitment of $50,000 per year for 5 years towards the 2015 World Alpine Ski
Championships. The Town is requesting funding for the latter from the Holy Cross
Community Enhancement Funds.
Final budget adoption is anticipated to be November 23rd
Page 1
Recommendation:
There is no action necessary on behalf of the Town Council at this time other than to hear
comments from the public.
Town Manager Comments:
• Page 2
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 26, 2010
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake
Street, Avon, Colorado in the Council Chambers.
Mayor Pro Tern Sipes called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips and Brian Sipes.
Ron Wolfe and Buz Reynolds was absent. Also present were Town Attorney Eric Heil, Town
Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager
Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town
Engineer Justin Hildreth, as well as other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Pro Tern Sipes noted that there were no additions or changes to the agenda. The Town
Attorney noted that there were no conflicts of interest.
COMMUNITY INPUT
✓ Chris Green, Wildridge resident, commented on his experience in choosing and dealing with
cable, telephone and internet purchases. It was noted that public input would be sought
after in the near future due to the current cable franchise agreement negotiations.
CONSENT AGENDA
Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Carroll moved to
approve the consent agenda; Councilor Phillips seconded the motion and it passed
unanimously (Reynolds and Wolfe absent).
a. Minutes from September 28 and October 12, 2010
b. Community Heat Recovery Project Change Order 02 with GE Johnson Construction
Company (Jeff Schneider, Project Engineer)
NEW BUSINESS
Bob Ticer, Police Chief, presented the Appeal Letter from AAA Boot Services (Nick Antuna) on
the Revised Rules & Regulations Governing Parking Enforcement and Towing Companies
established by the Avon Police Chief. Nick Antuna commented that the charges related to this
requirement would require him to raise his rates; he did not see a need to check the
backgrounds of his spotters and ticket writers. Councilor Ferraro moved to deny the appeal
request of AAA Boot; Councilor Carroll seconded the motion and it passed unanimously
(Reynolds; Wolfe absent).
Jenny Strehler, Director PW &T, presented an update on the Swift Gulch Project and related
grants with a review of the council packet memo.
ORDINANCES
Jenny Strehler, Director PW &T, presented Ordinance No. 10 -18, Series of 2010, Second
Reading, An Ordinance Adopting Local Designation of Noxious Weeds. It was noted that this
item was continued from the last meeting. She presented a review of the proposed ordinance
that allows for 30 day public notice period as well as amends the list to include several weeds
designated by the State of Colorado for control or eradication. Mayor Pro Tern Sipes opened
the Public Hearing and input was received from Michael Lindholm, Traer Creek RP, who made
the following points:
■ that the charges for the public records request were too high
• What does the "taking action" mean per the council memo paragraph 3 on page 2
• He walked and drove around town and noticed that there are many properties that are
not in compliance with the weed ordinance
Town Attorney Eric Heil reviewed the chain of events in drafting the ordinance,
Councilor Phillips moved to approve Ordinance No. 10 -18, Series of 2010, Second Reading, An
Ordinance Adopting Local Designation of Noxious Weeds with the following additions to the
language:
✓ WHEREAS, the Town Council adopted Ordinance No. 10 -06 An Ordinance Enacting Noxious Weed
Controls on April 27, 2010; and
✓ WHEREAS, the Town Council conducted public hearing on this Ordinance on September 28, 2010;
October 12, 2010; and October 26, 2010; and
Councilor Ferraro seconded the motion and it passed unanimously (Reynolds, Wolfe absent).
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No.
10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by
Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing
Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel. Discussion
ensued on the following two topics:
• mandatory housing mitigation with information related to the review of the employee
generation formula. Discussion ensued on the topic with some suggested changes to
the language proposed.
• The purpose of the driveway standards in relationship to other services provided by
public works and engineering along with a review of the existing guidelines and the new
development code; it was noted that the new standard is actually less strict; and there is
Mayor Pro Tern Sipes opened the Public Hearing and the following people commented:
✓ Chris Evans, resident, commented on the housing mitigation
✓ Todd Goulding, Chairman P &Z Commission, commented on the driveway standards and
suggested giving some language that would allow public works director room to make
the decision; topic should be further reviewed by P &Z Commission
✓ Chris Green, resident & P &Z member, reviewed his letter with the council
Mayor Pro Tern Sipes asked about whether or not there were written comments made by
Councilor Reynolds; none were submitted however, he did speak with Matt Gennett regarding
the driveway standards. Town Attorney Eric Heil addressed the comments submitted by Chuck
Madison, East West Partners,
Mayor Pro Tern Sipes asked Councilor Dantas about what other concerns he might have and he
noted his concerns still existed about housing. Further discussion ensued and a following
motion was made:
Councilor Dantas moved to table Ordinance No. 10 -14; there was not a second to the motion.
It was agreed to take a break in order that the Town Attorney compile the suggested changes.
Eric Heil then presented a draft of the proposed changes that were discussed throughout the
evening. Need to discuss further price restriction and the 10% mitigation.
Regular Council Meeting Page 2 of 3
10.10.26.doc
Councilor Phillips moved to approve Ordinance No. 10 -14, Series of 2010, Second Reading, An
Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development
Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of
Title 2: Administration and Personnel with the thirteen changes submitted by the town attorney
(see attached notes). Councilor Ferraro seconded the motion and it passed with a three to two
vote ( Dantas — nay; Reynolds; Wolfe absent). Since there were not four votes in favor of the
motion another motion was made by Councilor Ferraro to table Ordinance No. 10 -14, seconded
by Councilor Carroll and approved unanimously.
There being no further business to come before the Council, the regular meeting adjourned at
10 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
10.10.26.doc
Revisions to Avon Development Code approved on Second Reading, October 26, 2010
Prepared by Eric Heil, Town Attorney
1. 7.20.100 Amend to add paragraph (4) to read as follows: "Employee housing mitigation
shall be satisfied by providing one (1) residential studio unit, one (1) bedroom in a residential
unit, or any combination thereof, for each required employee housing unit mitigation. The
minimum size for a studio unit shall be 500 sq.ft. and the minimum size for a one (1)
bedroom residential unit shall be 750 sq.ft."
2. Delete 7.16.060(b)(5) and re- enumerate.
3. Amend first sentence of 7.28.030(d)(9)(iii) "The driveway shall be oriented perpendicular
(not to exceed 11 degree deflection)."
4. Revise the definition of Basement in Section 7.08 to read, "Basement means the definition of
Basement as set forth in the most recent version of the International Building Code adopted
by the Town."
5. Amend 7.28.050(h)(1)(iii) to read "All native landscaping shall be kept in its native state."
6. Delete 7.28.090(9).
7. Amend 7.28.090(c)(2)(v) to read `Buildings shall be oriented to optimize solar access."
8. Amend 7.28.090(d)(4) to delete the first sentence.
9. Amend 7.28.0900)(4)(vii)(D) to read, "The primary access to retail spaces on Benchmark
Road, Main Street, and W. Beaver Creek Boulevard, shall from the sidewalk."
10. Amend 7.28.0900)(4)(vii)(H) to delete the second sentence. [All glass or all -metal doors are
prohibited].
11. Amend 7.28.0900)(4)(viii)(B) to read, "Masonry and stone veneer. Masonry and stone
veneer wall should be detailed as masonry bearing walls, especially at corners and windows
and door openings."
12. Amend 7.28.0900)(4)(viii)(H)(1) to read, "Openings shall be designed to contribute to the
image and form of new buildings."
13. Amend second sentence of 7.28.0900)(4)(viii)(H)(3) to read, "Windows should reflect a
rhythm, scale and proportion compatible with the overall building design."
Memo
To:
Lary Brooks, Town Manager
Thru:
Scott Wright, Asst. Town Manager — Finance
Thru:
Eric Heil, Town Attorney
From:
Cindy Kershaw, IT Administrator
Date:
November 1, 2010
Re:
Microtech -Tel PRI T -1 3 Year Contract
Summary:
Initials
G'
Our current PRI T -1 circuit delivers all inbound calls to the Town of Avon. The existing
circuit is with Qwest and our 5 year agreement just expired a few months ago.
Background:
Qwest owns and maintains the current PRI T -1 circuit that we have. That circuit can be paid
for on a month to month basis at the highest rate from Qwest, or we can sign a contract to keep
the PRI T -1 circuit and get a lower monthly cost.
The lowest cost term offered from Qwest is a 5 year contract on the circuit for a monthly cost
of $ 425.00. Microtech -Tel is proposing to provide the town with a PRI T -1 circuit on a 3
year contract for a monthly cost of $ 389.00.
Discussion:
As quickly as technology and available options change, I am reluctant to sign a 5 year contract
on the PRI T -1 circuit. There will no doubt be emerging technologies that we would lock
ourselves out of using if we have the circuit on a 5 year agreement. We could do a 3 year
contract with Qwest, but the monthly cost for that would be $580.00 per month.
Financial Implications:
Microtech -Tel PRI T -1 circuit — 3 year contract = $389.00 per month
Qwest PRI T -1 circuit — 3 year contract = $580.00 per month
Microtech -Tel saves $191.00 per month, $2,292.00 per year, $6,876 over the 3 year term
Recommendation:
Sign the three year agreement with Microtech -Tel for a new PRI T -1 circuit to save the town
money over of the life of the contract as well as prevent us from being tied into a long term
contract limiting our future options.
Town Manager Comments:
5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 •
Customer Service: 866 - 531 -6012
PRODUCT & SERVICES AGREEMENT
This agreement ( "Agreement ") is made between ILOKA, Inc. dba Microtech -Tel on behalf of itself and its affiliates (collectively
referred to herein as "Microtech -Tel), with offices at 5600 Greenwood Plaza Blvd, Suite 300, Greenwood Village, Colorado 80111
and "Customer" as identified below, and is effective as of the date this agreement is executed by Microtech -Tel (the "Effective Date ").
This agreement consists of this signature page, the Terms and Conditions and Addenda attached hereto.
This document is not to be considered an offer until executed by Microtech -Tel. The term of the contract shall not begin until
Customers service is activated and billing commences. Microtech -Tel may cancel any negotiations herein in the event this Agreement
is not executed by Customer and delivered to Microtech -Tel on or before December 31, 2010 (Effective Date).
Service Address Information
Billing Address Information
Same as Service Address X
Customer Business Name: Town of Avon
Billing Business Name:
Service Address: 1 Lake Street
Billing Address:
City: Avon
Suite:
State: Colorado
City:
Zip: 81620
State:
Zip:
Service Contact Name: Cindy Kershaw
Phone Number: 970 -748 -4034
Billing Contact Name: Cindy Kershaw
Service Fax Number:
Billing Phone Number: 970 - 7484034
Service E -mail Address: ckershaw @avon.org
Billing Fax Number:
Billing E -mail Address: ckershaw @avon.org
Federal EIN or SSN:
Nonprofit YES X NO
If yes, please provide tax exempt certificate
Products Purchased/Pricing:
Telecom Installation MTT Other Vendor X
PRI T- 1$389.00/MO
Data Installation MTT ❑ Other Vendor
10 Blocks of DID Numbers - $30.00/MO
E -Mail Hosting Yes ❑ No X
9 NHN Numbers - $0.00/MO
Website Hosting Yes ❑ No X
5 CALC Charges - $0.00/MO
Long Distance Services Yes No X
29 Additional Listings - $145.00
Toll -Free Services Yes No X
Total Monthly Payment: $564.00
Efax Service Qty
Total Installation Charge: $0.00
Voice Mail Box Qty
Term of Contract: 36 Months
Additional IP Addresses Qty
Sales Associate: Joe Young
Iloka, Inc dba Microtech -tel PRODUCT & SERVICES AGREEMENT
JW, C:: AM 7-A.=.!'
5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 •
Customer Service: 866 - 531 -6012
Special Instructions:
TERMS AND CONDITIONS
1. ENTIRE AGREEMENT. References in this Agreement to Microtech -tel (MTT) include any operating subsidiaries. The
services or some portions thereof are subject to Federal and/or State tariffs and as such this Agreement incorporates by reference (as if
fully stated herein) the terms, conditions and other provisions of such tariffs, price lists and similar documents (including limitation of
liability provisions) as they may be amended from time to time. This Product Services Agreement and the required addenda and
Schedules A, B, and C establish the terms and conditions upon which MTT agrees to provide the services to Customer. This
Agreement sets forth the entire understanding between the parties and supersedes any prior or contemporaneous oral or written
representations, offers or proposals made by MTT or its representatives. This Agreement also governs any additional services or
changes Customer may order or request during the term of this Agreement.
2. CUSTOMER DEPOSIT: PROVISION AND BILLING OF SERVICE. At its sole discretion, MTT may at any time
request a Customer Deposit prior to activation or during the provisioning of services. Such Customer Deposit will be refunded to
Customer upon the expiration of this Agreement and settlement of all amounts due MTT. Services are generally billed on a monthly
basis for a minimum period of one month. Usage charges and usage shortfall charges for services are billed in arrears. Most monthly
recurring and non - recurring charges are billed in advance. Billed charges include applicable taxes and tax - related surcharges. By
signing this agreement you are allowing Microtech -Tel to do a credit check on your company.
3. PAYMENT. Full payment of any invoice is due within 30 days of invoice date. A monthly late payment fee of 1.5% (or
lower if required by law) may be assessed for amounts unpaid commencing 30 days after receipt of invoice. Customer shall provide
MTT with written notice of any disputed charges appearing on the invoice. Customer agrees to pay all costs and expenses incurred by
MTT in the collection of unpaid amounts, including without limitation, attorney fees and court costs, to the extent permitted by law.
4. PRICING DISCOUNTS. Any discounts on services are based upon the pricing set forth in the attached Service
Schedules.
5. CUSTOMER SATISFACTION GUARANTEE. Subject to the conditions listed below, if MTT is in material breach of
its obligations regarding network quality of sales and service support, MTT will upon the Customer's written request, terminate this
Agreement without liability for the early termination fee and make reimbursement to Customer for any change -over charges (up to a
maximum of $100) incurred by Customer in switching to MTT's service and in returning to Customer's previous carrier. The
conditions associated with this guarantee are as follows:
(1) MTT must receive written notice of the alleged material breach.
(2) The problem must be attributable to facilities or causes within MTT's reasonable control.
(3) MTT must be unable to cure the material breach to Customer's reasonable satisfaction within 15 days after
receipt of the written notice.
(4) Customer's account must be current (i.e., no balance older than 30 days).
(5) The reimbursement for change -over charges only applies if MTT receives the written notice within the first 90
days of service.
(6) MTT must receive a copy of the previous carrier's bill showing the change -over charges.
Iloka, Inc dba Microtech-tel PRODUCT & SERVICES AGREEMENT
ff A "+
5600 Greenwood Plaza Blvd • Suite 300 •Greenwood Village, CO 80111 •
Customer Service: 866- 531 -6012
6. CREDIT FOR INTERRUPTION OF SERVICE. No credit will be applied if the interruption is caused by (i) the
negligence of the customer; (ii) the failure of facilities of equipment provided by customer or third party; (iii) MTT's inability to gain
access to customer's equipment and facilities; or, (iv) customer's failure to release the service, when requested by MTT, to perform
testing and maintenance, (v) circumstances beyond MTT control, including without limitation, natural disaster, civil disorder, Acts of
God, war, sabotage, (vi) outages or service interruptions due to Customer premise failures, (vii) scheduled network maintenance, or
(viii) emergency network maintenance. If MTT determines in its sole discretion that service was interrupted for the cumulative
duration of one (1) hour during a calendar month, for each effected T -1 service, the Customer is eligible to receive one (1) day credit
multiplied for each full cumulative hour for the month in which service interruption occurred. The total credits applied to Customer's
account shall not exceed fifteen (15) days in a calendar month. For purposes of calculating service credits, one (1) day credit is equal
to 1/30/33 of the monthly recurring charge (MRC) for the effected service. Customer understands that their accounts must not be
delinquent and be in full compliance with the terms and conditions of this Agreement in order to receive service credits.
7. NETWORK PERFORMANCE. In the event Customer utilizes MTT provided T -1 services (dedicated, point -to -point or
point -to- multipoint service connecting two (2) or more Customer designated MTT on -net locations) availability of service will be
maintained at a minimum availability per month of 99.9% for an unprotected service and 99.95% for a protected service. Protected
service shall be defined as a service that has network side electronics protection and a physical path which is diverse. Unprotected
service is defined as service that has no electronics protection and is delivered on a linear path. Additionally, any service, which is
routed through the Aggregation Node (ie point to multi point service) shall be considered Unprotected.
(1) Mean Time to Restore (MTTR) - MTTR shall be defined as the average time required to restore service outages, except
for those caused by a Force Majeure event, in a one -month period. MTT will use best efforts to ensure that MTTR does
not exceed two (2) hours, excluding outages due to cable failures.
(2) Cable Restoration - hi the event of a service interruption that is due to cable failure, MTT shall use best efforts to begin
cable restoration within two (2) hours after the faulty cable is identified. The cable shall be restored and the interruption
shall be eliminated no later than eight (8) hours after failure.
8. DEMARCATION POINT. The point of interconnection between the local exchange carrier's facilities and the wiring and
equipment at Customer's premises. Customer is responsible for completing all telecommunications wiring, including any and all costs
associated therewith, from the Demarcation Point to Customer's equipment.
9. RIGHT TO CANCEL ORDER. While reasonable efforts are made to provide Customer with the services ordered
under this Agreement, there may be circumstances in which MTT may not be able to provide such services. Where MTT
determines that it cannot provide to Customer efficiently or on the terms and conditions contemplated by this Agreement,
MTT reserves the right to immediately cancel this Agreement without liability and without any further obligations. The
customer may cancel this order before installation and/or cutover at a reduced cancellation fee of $1,500.00 per circuit.
10. TERMINATION. MTT may suspend or terminate services in accordance with its normal business practices without
liability and without waiving any other legal or equitable rights it may have. MTT reserves the right to declare Customer in breach of
this Agreement if Customer's account is not paid on a current basis, Customer's qualifying monthly service is less than the agreed
minimum monthly revenue commitment, or Customer fails to meet any other obligation contained in this Agreement. If, after the
Effective Date, this Agreement is terminated by MTT for Customer's breach or by Customer other than under the Customer
Satisfaction Guarantee, Customer shall upon demand by MTT pay an early termination fee as defined below:
(1) All unpaid non - recurring reasonable charges expended by the MTT to establish service to the Customer,
including any installation charges which may have been waived by the MTT, provided the Customer has been
notified of the waived charges and of the Customer's liability therefore on cancellation, plus;
(2) Any disconnection, early cancellation or termination charges reasonably incurred and paid to a third party on
behalf of Customer by MTT, plus;
(3) Customer will be billed an amount equal to the difference between the amount paid by the Customer at the time
of cancellation and 100% of the remainder of the contract term and 50% of any subsequent renewal years.
(4) Customer may terminate this Agreement without liability before the expiration date of the term if the Customer
signs a new agreement with MTT for an equal or greater minimum monthly recurring charge and term
commitment.
a. Upon termination of this Agreement for any reason, it is Customer's responsibility to switch to a
new carrier. Customer shall be responsible for any and all outstanding charges owed to MTT at the
effective date of termination, and Customer shall be liable for all charges incurred during the transition
to a new carrier.
11. TERM AND RENEWAL OF TERM. This Agreement shall be effective when signed by an authorized MTT
representative (the "Effective Date "). The term of this Agreement shall begin upon activation of service, and continue for the
duration of the term as set forth in this Agreement. Upon expiration of the original term, the customer can either:
1. Renew the contract under the same price structure, terms and conditions or
2. Revert to the current month-to -month price structure which is 20% higher than the 36 month contract price
Either party must provide the other party at least 30 days' advance written notice of its intent to terminate this Agreement
after the initial term
12. RELIATONE 4 : Rental agreement; at the end of the stipulated contract expiration, MTT will refresh the
hardware, software and provide any upgrade as deemed necessary by MTT.
Hoka, Inc dba Microtech -tel PRODUCT & SERVICES AGREEMENT
5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 •
Customer Service: 866 - 531 -6012
13. LIMTATION OF LIABILITY: NO SPECIAL DAMAGES; DISCLAIMER OF WARRANTIES. THE ENTIRE
LIABILITY OF MTT AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS OR DAMAGES OF
WHATEVER NATURE ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE PROVISION OF
SERVICE (INCLUDING THE FAILURE TO PROVIDE SERVICE), INCLUDING BUT NOT LIMITED TO MISTAKES,
OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, REPRESENTATIONS, ERRORS, OR OTHER DEFECTS,
WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, WHETHER SUCH DAMAGES ARE ASSERTED IN AN
ACTION BROUGHT IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR PURSUANT TO
SOME OTHER THEORY (INCLUDING DECEPTIVE TRADE PRACTICE CLAIMS) AND WHETHER OR NOT SUCH
DAMAGES ARE FORESEEN OR UNFORESEEN SHALL BE LIMITED TO THE LESSER OF (1) AMOUNTS PAID TO MTT
UNDER THIS AGREEMENT, OR (II) REFUNDS IN AN AMOUNT EQUAL TO THE PROPORTIONAL MONTHLY CHARGES
TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH ANY MISTAKE, OMISSION, INTERRUPTION, DELAY,
ERROR, OR DEFECT IN THE SERVICE, OR ANY OTHER EVENT OR ACTION GIVING RISE TO ANY CLAIM, OCCURS.
THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, COSTS OR
ATTORNEYS' FEES ARISING IN WHOLE OR IN PART, FROM WARRANTIES, EXPRESS OR IMPLIED, NEGLIGENCE,
GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR ANY OTHER BASIS OF LIABILITY FOR MTT.
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, OR EXPENSES,
ARISING OUT OF USE OF THE SERVICES BY CUSTOMER, ITS USERS, OR ANY OTHER PERSON OR ENTITY USING
THE ACCOUNT WITH OR WITHOUT CUSTOMER'S KNOWLEDGE OR CONSENT. SOME JURISDICTIONS MAY NOT
ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND MTT
LIMITS ITS LIABILITY IN SUCH JURISDICTION ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAW.
NOTWITHSTANDING ANY OTHER PROVISION HEREOF, MTT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, LOST REVENUES, GOODWILL, OR COSTS TO COVER), WHETHER OR NOT
CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF ITS EMPLOYEES OR AGENTS, AND REGARDLESS OF
WHETHER MTT HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. MTT MAKES NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE. MTT IS NOT RESPONSIBLE FOR TERMINATION CHARGES OF OTHER CARRIERS. In selecting MTT's services,
Customer understands that it is canceling the services provided by its existing service provider and that MTT's services and features
may differ from the services currently provided by its existing service provider. Customer further acknowledges that it may be
assessed termination or other charges by its existing service provider based upon the terms and conditions that apply to such services.
Payment of such termination or other charges shall be the sole responsibility of Customer.
14. TELECOMMUNICATIONS FACILITIES. Services may, at MTT's sole option, be provided via telecommunications
facilities owned by MTT, via telecommunications facilities leased from one or more other telecommunications carriers or via a
combination of the forgoing, provided MTT's ability to provide such services is not materially impaired. Without limiting the
generality of the foregoing, Customer authorizes MTT to convert services being provided solely through the facilities of one or more
other carriers (i.e., resale services) to services being provided in whole or in part over MTT facilities (i.e., facilities -based services).
15. NETWORK MAINTENANCE. Planned network maintenance will be performed with no less than 7 calendar days
notice given to customer prior to maintenance. Emergency network maintenance will be performed as necessary and MTT will use
best efforts to notify customer where reasonable.
16. MODIFICATION. This Agreement shall not be amended, changed, or modified except in writing executed by a
representative of Customer and two (2) MTT representatives (one of whom must be a MTT officer).
17. ASSIGNMENT. This Agreement shall be binding on Customer and Mictotech -Tel and their respective successors and
assigns. This Agreement, however, is subject to immediate termination at the election of MTT in the event of any sale by Customer of
all or substantially all of its assets or stock or any attempted assignment of this Agreement by Customer.
18. CONTRACTING ENTITY AND GOVERNING LAW. The legal entities bound by this Agreement shall be (a) MTT,
(b) any local MTT local subsidiary where the services are being provided, or (c) a combination of the two. This Agreement shall be in
all respects governed by and enforced in accordance with the laws of the state where the service are provided. Customer and MTT
hereby agree that personal jurisdiction and venue for any action concerning this Agreement shall be in Denver, Colorado, and both
parties consent to personal jurisdiction and venue in such location.
19. AUTHORITY TO EXECUTE. The person executing this Agreement on behalf of Customer represents that he or she is
fully authorized to execute and deliver this Agreement on behalf of Customer.
20. NOTICES. All notice for the Customer Satisfaction Guarantee or termination of this Agreement must be sent to MTT's
Customer Care Department at 5600 Greenwood Plaza Blvd, Ste 300 Greenwood Village CO, 80111. Attention: Contract
Administrator. All notices to MTT shall be sent by certified mail, return receipt requested, or by email to customercare ta'Microtech-
teLconm.
21. [ ] If Customer is also leasing telecommunications equipment from NEC Financial Services, then, by checking and
initialing this paragraph, Customer acknowledges that the charges for TI services provided to Customer by MicroTech -Tel hereunder
may be billed to Customer by NEC Financial Services together with its invoices to Customer for monthly rentals and other charges
due under its lease(s) with Customer; and agrees that it will timely remit payment to NEC Financial Services for all TI charges it
invoices to Customer. Customer acknowledges that charges for TI services are separate and apart from any sums it owes to NEC
Financial Services for the lease of equipment and that NEC Financial Services will be billing and collecting such TI charges for
Microtech -Tel. (initial here)
22. NETWORK RESPONSIBILTY Please note that the customer is responsible for the entire data network piece of any
VOIP telephone system installation, including adequate bandwidth to support the Voice over IP traffic. Customer is also responsible
for all network programming, network cabling, all network data equipment, including routers, switches and firewalls, etc. All routers
and switches on the network must have Quality of Service (QOS) in order to give the voice traffic priority over the data traffic.
Iloka, Inc dba Microtech-tel PRODUCT & SERVICES AGREEMENT
ff C��' jqe J� 71� X.
5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 •
Customer Service: 866 - 531 -6012
Customer and Microtech -Tel understand and agree to the terms and conditions set forth in this Agreement:
I _ _ , fully understand that it is the responsibility of Town of Avon, to insure that
all voice and data services are disconnected with our previous service providers following acceptance of
new Microtech -Tel services.
ILOKA, INC. dba Microtech -Tel
Signature:
Customer: Town of Avon
Signature:
Print Name: Print Name:
Title: Date: Title: Date:
The prices quoted above do not include any applicable Federal, State, City or other local taxes applied to
telecommunications services.
Iloka, Inc dba Microtech -tel PRODUCT & SERVICES AGREEMENT
MICROTECH-TEL 5600 Greenwood Plaza Blvd ♦ Ste 300 ♦ Greenwood Village, CO 80111 *:866-531-6012
LETTER OF AUTHORIZATION
I do hereby certify that I have authority to, and hereby authorize Microtech -Tel to act on the
behalf of Town of Avon located at 1 Lake Street in the city of Avon, state of CO, zip code 81620 in matters related
to providing Local service and/or Long - Distance service for each telephone number listed on the attached service
order, including, but not limited to: inquiry and analysis of customer records, the authority to place orders with the
local exchange carrier ( "LEC "), and to change my primary interexchange carrier to Microtech -Tel.
I hereby direct Qwest (current Local Service Provider) to make information pertinent to the telecommunication
services for my company available to Microtech -Tel.
I understand that Microtech -Tel will not process any orders on my behalf without obtaining my prior authorization.
This Letter of Authorization and the attached Long Distance Service Order constitute a binding contract between
Town of Avon and Microtech -Tel.
I understand that only one interexchange carrier and, where available, one intraexchange carrier may be designated
as the primary carrier for any one telephone number, and that any change to the primary carrier for a telephone
number may involve a service fee, and I accept responsibility for these charges. I may revoke the Letter of
Authorization by submitting such request for revocation in writing prior to service(s) activation. Service activation
on the part of Microtech -Tel will constitute an executed contract.
I further grant Microtech -Tel the right to perform any credit inquiries related to providing telecommunications
service. Microtech -Tel reserves the right to decline any order for failure to meet minimum credit standards.
I hereby revoke all prior letters of authorization previously granted to any other carrier, and revoke all prior
preferred interexchange carrier restrictions on freezes I have placed in effect.
I acknowledge that I have read, understand and agree with the rates as specified by Microtech -Tel authorized agents
and outlined in the service order(s) section(s) of this agreement.
Authorized Signature
Company Name: _Town of Avon
Date:
Print Name:
Title:
Sales Rep: Joe Young
Customer BTN or account number 970 -K49- 0327 -406; 970 - 949 - 4029 -078
For Internal Use Only — Verbal Approvals
Third Party Verification Company: VoiceLog 1- 800 - 420 -2936
Third Party Verification Confirmation #
(The above information is a recorded LOA. Sales representative must have the number before the order can be
forwarded to credit department to initiate processing. Voice files can be reproduced)
Confidential
MICROTECH -TEL 5600 Greenwood Plaza Blvd ♦ Ste 300 ♦ Greenwood Village, CO 80111 ♦ 866- 531 -6012
NON - APPROPRIATIONS
ADDENDUM
This is an addendum to the Agreement between Town of Avon ( "CUSTOMER ") and Microtech -Tel
( "MTT "), collectively referred to as the ( "Parties "), for telecommunications services , executed by
CUSTOMER on the Underlying Agreement.
PURPOSE: This Addendum is to supplement the Underlying Agreement for the contracted Service(s) as
follows:
CUSTOMER will continue this Agreement for the entire term and will satisfy any obligations hereunder.
FUTHERMORE, CUSTOMER agrees to each of the following:
1) To include in its budget request appropriations sufficient to cover its obligations under this
agreement;
2) To use all reasonable and lawful means to secure the appropriations;
3) It will not use non - appropriations as a means of terminating this agreement in order to acquire
functionally equivalent products or services from a third party.
CUSTOMER reasonably believes that sufficient funds to discharge its obligations can and will lawfully be
appropriated and made available for this purpose.
In the event that CUSTOMER is appropriated insufficient funds, by appropriation, appropriation limitation
or grant, to continue payments under this addendum and has no other funding source lawfully available to
it for such purpose, CUSTOMER may terminate this Agreement by giving MTT not less than thirty (30)
days prior written notice. Upon termination and to the extent of lawfully available funds, CUSTOMER
shall remit all amounts due and all costs reasonably incurred by MTT through the date of termination.
2. Except as modified herein, terms and conditions of the Agreement shall remain in full force
and effect.
The Parties hereby execute and authorize this addendum as of the latest date shown below:
Town of Avon
Authorized Signature
Name (Typed or Printed)
Title
Microtech -Tel
Authorized Signature
Name (Typed or Printed)
Title
Date Date
Confidential
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Department Head
From: Dan Higgins, Fleet Manager DH'
Date: 11/03/2010
Re: 2011 Third Party Maintenance Agreements
Background:
The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500
Swift Gulch Road. We have several annual maintenance contracts with neighboring
districts.
One of our goals is to secure more third party revenue to help reduce the subsidy of our
operation.
Discussion:
Attached are 13 one -year service agreements for 2011 between the Town and the Eagle
River Fire Protection District, B.C. Metro District Buses, Eagle County Ambulance District,
Eagle River Water & Sanitation District, B.C. Metro Public Works, Eco Transit, Town of
Minturn, Western Eagle County Ambulance District, Town of Redcliff, Vail Valley
Foundation, Greater Eagle Fire Protection District, ECO Hazmat Team, and the Gypsum Fire
Protection District for vehicle maintenance.
Financial Implications:
The agreement contains our standard price of $108.00 /hour for light duty vehicles and
$115.00 /hour for heavy vehicles and equipment routine and preventive maintenance as
well as repair and replacement. In the first nine months of 2010 the Town billed all 3�d
parties a total of $628,139.00 or 5,982 hours for labor.
Recommendation:
Staff recommends approval of the one -year service agreements
Town Manager Comments:
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Eagle River Water & Sanitation District whose address is 846 Forest Road, Vail Colorado,
81657 (hereafter know as "ERW &SD ") and the Town of Avon whose address is P.O. Box 975,
500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ERW &SD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
ERW &SD vehicles and equipment. Service will be performed on approximately 97
vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may
be increased or decreased in ERW &SD's sole discretion; provided, the combined number
of vehicles and equipment shall not exceed 110 without the approval of Contractor.
Routine Maintenance will be performed at least every 4,000 miles or 250 hours of use.
Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ERW &SD ( "Repair and Replacement ").
No payment for any Repair and Replacement shall be due unless ERW &SD has approved
of such charges. Services may be commenced with verbal approval by ERW &SD of a
written estimate submitted by Contractor. Repair and Replacement includes, without
limitation, transmissions repairs, engine repairs, rear end repairs and any other work or
repairs exceeding $2,000.00. ERW &SD acknowledges that subcontractors will perform
certain repair work. Contractor shall be responsible for assuring that all such
subcontracted work will be performed promptly and in accordance with the terms and
conditions of this Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ERW &SD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair
and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and
equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet
work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile
charge on all road service calls outside of Town of Avon limits. Invoice shall be issued by
the 10`h of each month for services performed the previous month. Payment shall be remitted
within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by
ERW &SD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 9
plus ten percent (10 %). Contractor's vehicle washing facility may be used by ERW &SD
subject to such wash rates as Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ERW &SD to its employees. Contractor shall provide ERW &SD an
original of its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ERW &SD, and
any attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 9
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this reement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ERW &SD. Absolutely
no third party beneficiaries are intended by this Agreement. Any third -party receiving a
benefit from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this _day of ,
2010.
Eagle River Water & Sanitation District
EXECUTED this
2010.
TOWN OF AVON
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 9
day of ,
w
EXHIBIT A
WORK
FREQUENCY
RATE
"A" PM
3,000 miles or
$108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance
250 hours
Plus parts &
Inspection
sublet
"Annual"
every 12months
$108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included
as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 4, 2010
EQUIPMENT
MASTER LIST BY SERIAL NUMBER
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
WGEN3
2000 GEN GEN
060597378933 DOWD JU
Heavy
WPUMPI
2003 Pioneer 6" PUMP
1
Heavy
7W
1999 MQ,KOMATSU PORT
1338419 (GENERATOR)
Heavy
GEN
WGEN2
2000 GEN GEN
1338420 AVON WW ODOR
Heavy
605W
1999 BROCK 6" PUMP
1B9CPO811WB276150
Heavy
60OW
1986 HMD 2W 6" PUMP
1D44293C0
Heavy
330W
1999 FORD FLUSHER4X4
1FDAF57F7XEA46122
Light
205W
2002 FORD UTILITY
1FDSF31S42EC96716
Light
145W
1993 FORD L9000
1FDYU90X2PVA00440
Heavy
150W
1995 FORD L9000
1FDYU90X7SVA75806
Heavy
265W
1991 FORD DUMP TRUCK
1FDYW82A1MVA21708
Heavy
270W
1990 FORD L8000 DUMP
1FDYW82A9LVA37900
Heavy
170W 2006 FORD ESCAPE HYB 1FMY96HX6KD37017 Light
31OW 1997 CHEVROLET 1GBGK24R6VZ254252 Light
UTILITY4X4
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 9
5
315W
1997 CHEVROLET
1GBGK24R7VZ254387
Light
UTILITY4X4
85w
2009 CHEVROLET
lgbhk29k28el76841
Light
2500HD
90w
2008 CHEVROLET K2500
1GBHK29K68E177202
Light
HD
80W
2008 CHEVROLET K2500
1GBHK29K98E176559
Light
HD
105W
2002 CHEVROLET
1GBJK34182E159491
Light
UTILITY
255W
2009 CHEVROLET
1GCDT19E098144241
Light
Colorado
50w
2008 CHEVROLET
1GCDT19E188183547
Light
Colorado
290W
2009 CHEVROLET
1GCDT19E198144250
Light
Colorado
65W
2007 CHEVROLET
1GCDT19E278242314
Light
Colorado
240W
2009 CHEVROLET
1GCDT19E498144503
Light
Colorado
275W
2009 CHEVROLET
1GCDT19E598144591
Light
Colorado
305W
2009 CHEVROLET
1GCDT19E898143970
Light
Colorado
35W
2003 CHEVROLET
1GCEK14TO3Z288886
Light
PICKUP
165W
2009 CHEVROLET 1500
1GCEK19039Z183380
Light
15W
2005 CHEVROLET 1500
1GCEK19Z05Z252891
Light
180w
1995 CHEVROLET
1GCFK24K2SZ282068
Light
UTILITY
70W
2008 CHEVROLET
1GCDT19E288183928
Light
Colorado
130w
1995 CHEVROLET
1GCFK24K7SZ281918
Light
UTILITY
250W
1994 CHEVROLET
1GCFK24K8RE230185
Light
3 /4UTILITY
155W 2008 CHEVROLET 1GCHK24K98E208039 Light
2500HD
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 5 of 9
280W
2003 CHEVROLET
1GCHK24U43E264156
Light
360W
UT. PLOW4X4
1GDGK24UXYE335066
Light
340W
2003 CHEVROLET
1GCHK24U43E266117
Light
140w
UTILITY4X4
1GDHK39G86E267313
Light
175w
2008 CHEVROLET
1GCHK29K48E210483
Light
2500HD
235w
2008 CHEVROLET
lgchk29k58e212467
Light
2500HD
180w
2008 CHEVROLET
1GCHK29K88E210292
Light
285w
2500HD
1GDHK39G96E267806
Light
120W
2003 CHEVROLET
1GCHK29U43E268068
Light
UTILITY
200W
2009 CHEVROLET
1GCHK44K79F138774
Light
360W
2500HD
1GDGK24UXYE335066
Light
320W
2009 CHEVROLET
1GCHK49K19E135755
Light
140w
UTILITY4X4
1GDHK39G86E267313
Light
210W
2009 CHEVROLET
1GCHK49KX9E135592
Light
UTILITY
320W
1999 CHEVROLET
1GCK24U5XE241910
Light
UTILITY4X4
295W
1996 GMC 3 /4UTIL4X4
1GDGK24R1TZ530955
Light
285w
2006 GMC UT.PLOW4X4
1GDHK39G96E267806
Light
35OW
2000 GMC 3 /4UTIL4X4
1GDGK24UlYZ292004
Light
360W
2000 GMC 3 /4UTIL4X4
1GDGK24UXYE335066
Light
300w
2006 GMC K2500
1GDHK29G86E249341
Light
140w
2006 GMC K3500
1GDHK39G86E267313
Light
45W
2008 CHEVROLET
1GNDT13S482209132
Light
Trailblazer
40W
1999 CHEVROLET S -10
1GNDT13W2XK200768
Light
BLAZE
260W
2001 GMC TV VAN 4X4
1GTHG39G61162064
Light
395w
2007 GMC 2500HD
1GTHK23U26F266102
Light
2011 Town of Avon 'Vehicle and Equipment Maintenance Contract
Page 6 of 9
7
400W
2009 INTERNATIO Work
1HSWYSIT9A3240660
Heavy
Star
215w
2008 INTERNATIO Work
1HTWXAHTX9J116052
Heavy
Star
410W
1999 ONAN GENERATOR
1S9AP1127XC241267
Heavy
415W
1999 ONAN GENERATOR
1S9HP1422XC241266
Heavy
125W
1999 STERLING DUMP
2FZNEWDB7YAF21809
Heavy
TRUCK
135W
1999 STERLING DUMP
2FZNNWDB4XAF06621
Heavy
TRUCK
610W
2000 TRVL -VAC VLV BOX
30000136
Light
CL
401W
1999 MULTI -QUIP
4AG6U2034XCO28313
Heavy
GENERATOR
405W
1999 MULTI -QUIP
4AG6U2036XCO28314
Heavy
GENERATOR
55W
2001 TOYOTA CAMRY
4T1BF22KllU127136
Light
5W
2010 TOYOTA CAMRY
4T1BK3EK5BU613799
Light
20W
2000 TOYOTA CAMRY
4T1BF22K3YU105455
Light
25W
2001 TOYOTA CAMRY
4T1BF22K6IU967820
Light
low
2005 TOYOTA CAMRY
4T1BF30K95U097673
Light
60W
2004 TOYOTA CAMRY
4T1BF32K94U073403
Light
75W
2003 TOYOTA CAMRY
4T1BF32KX3U045544
Light
30w
2008 TOYOTA CAMRY
4T1BK46K18U560368
Light
120W
2009 TOYOTA CAMRY
4T1BK46K69U596588
Light
185W
2009 TOYOTA CAMRY
4T1BK46K49U097014
Light
220W
2000 TOYOTA TRUCK
4TAPM62N3YZ662933
Light
4X4
110W 2001 TOYOTA PICKUP 5TEPM62NO1Z816352 Light
115W 2002 TOYOTA PICKUP 5TEPM62N12Z069796 Light
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 7 of 9
i�
195W 2003 TOYOTA PICKUP STEPM621\113Z253511 Light
190W 2003 TOYOTA PICKUP 5TEPM62N53Z250935 Light
225W 2003 TOYOTA TRUCK 5TEPM62N73Z251746 Light
4X4
95W
2008 TOYOTA TRUCK
5TEPX42N88Z565716
Light
4X4
100w
2008 TOYOTA Tacoma
5TEPX42NX8Z556936
Light
130W
2008 TOYOTA Tacoma
5TEUX42N48Z581866
Light
230W
2003 TOYOTA TRUCK
5TEWM72N63Z242148
Light
4X4
245W
2003 TOYOTA TRUCK
5TEWM72NX3Z243416
Light
4X4
WGEN4
2000 GEN GEN
602610 EDWARDS WWP
Heavy
WGEN1
2000 GEN GEN
86B79 AVON WW PLANT
Heavy
611W
1999 TRVL -VAC VLV BOX
99 -111
Light
CL
8W
1999 ONAN /CUM NS PORT
D990898877
Heavy
GEN
9W
1999 ONAN /CUMNS PORT
D990899518
Heavy
GEN
WGEN6
2000 GEN GEN
D990901995 AVON DRIN
Heavy
430W
1990 JOHN DEERE 624E
DW624ED530950
Heavy
425W
1998 JOHN DEERE 624H
DW624HX565220
Heavy
WGEN7
2000 GEN GEN
E020369566 EDWARDS D
Heavy
160W 2007 TOYOTA CAMRY JTNBK46K273004865 Light
450W 2000 JOHN DEERE FIELD KV0260A261613 Heavy
OPS
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 8 of 9
D
WGEN5 2000 GEN GEN
435W 1997 JOHN DEERE 8875
420W 2000 TOYOTA Fork Lift
440W 2007 JOHN DEERE 710J
445W 1993 JENZ SHREDDER
LD -95351 VAIL WWP Heavy
M08875X030602 Heavy
N/A Heavy
T0710IX147089 Heavy
V174934 Heavy
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 9 of 9
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Eagle River Fire Protection District whose address is P.O. Box 7980, Avon Colorado, 81620
(hereafter know as "ERFPD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ERFPD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
ERFPD vehicles and equipment. Service will be performed on approximately 33
vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may
be increased or decreased in ERFPD's sole discretion; provided, the combined number of
vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine
Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine
Maintenance shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ERFPD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ERFPD has approved of
such charges. Services may be commenced with verbal approval by ERFPD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. REFPD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ERFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char fe on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the lot of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by ERFPD. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 5
Contractor's vehicle washing facility may be used by ERFPD subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ERFPD to its employees. Contractor shall provide ERFPD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ERFPD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 5
lZ
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise'by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ERFPD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2010.
Eagle River Fire Protection District
C
EXECUTED this
2010.
TOWN OF AVON
LISM
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 5
day of ,
/3
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
every 12months
EXHIBIT A
RATE
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 4. 2010
VIN
Year
Manufacturer
Equipment
2000
Unit
Code
Quantum
1988
Pierce Dash
Type i
Pierce
I it
Quantum
4P1 U I U269YA00093b
4P1CT02SOYA000936
1P9CT01D2JA040331
4P1CT02S61AO01708
1 GNGK26K2PJ367152
1 GNDT13WXWK224749
1FDAX57F82EC50563
1FV6TMDB6XHA41448
1 GBHK33F1 WFO62189
1 GNEK13Z73J319076
1 GCHK29U33E308690
4P1CT02HX3A003274
16HPB1424WU011442
2CNDL23F456099517
4P5T8222X81121016
4P1 CDO1 H76AO05812
1 GNFK13037R223541
1 GCHK39D07E176757
1FDAX57P87EB47966
1 GNFK130X7J401864
4P1CD01H97A007515
4P1CD01H07A007516
1G1ZJ57B28F195948
3GNGK26KO8G215700
1 GNFK130X8R204020
1 GNFK130X8R202218
2000
Pierce
Pumper
Quantum
2000
Pierce
Suburban
Quantum
1988
Pierce Dash
2001
Pierce
Tender
Quantum
1993
Chevrolet
1998
Chevrolet
2002
Ford F550
1998
Pierce
1998
Chevrolet
2003
Chevrolet
2003
Chevrolet
2003
Pierce
Tahoe
Quantum
1998
Haulmark
2005
Chevrolet
2008
PJ
2006
Pierce Dash
2007
Chevrolet
2007
Chevrolet
2007
Ford F550
2007
Chevrolet
2007
Pierce Dash
2007
Pierce Dash
2008
Chevrolet
2008
Chevrolet
2008
Chevrolet
2008
Chevrolet
Pumper 110 H
Pumper
111 H
Pumper
112 H
Pumper
119 H
Suburban
121 L
Blazer
123 L
Wildland pumper
124 L
Tender
125 H
K3500
127 L
Tahoe
128 L
K2500 Pick up
129 L
Pumper
131 H
Trailer
131T L
Equinox
132 L
Flat bed Trailer
132T L
Pumper
133 H
Tahoe
134 L
K3500 Pick up
135 L
Wildland pumper
136 L
Tahoe
137 L
Pumper
138 H
Pumper
139 H
Malibu
140 L
Suburban
141 L
Tahoe
142 L
Tahoe
143 L
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 5
2CNDL63F286280384
2008
Chevrolet
Equinox
144 L
1GCHK29608E176691
2008
Chevrolet
K2500 Pick up
145 L
4P1 CU01 HX8AO08545
2008
Pierce
Aerial
146 H
Quantum
1 HTWEAZR89136549
2007
International
Wildland pumper
147 H
E -2693
1985
Pierce Dash
Pumper
1512 H
1HTSEAANlVH402101
1996
International
Rescue
1520 H
1 FMDU34XOPUA46280
1993
Ford
Explorer
1720 L
Code indicates H — heavy duty (e.g., large
buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways).
END
EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 5 of 5
/5
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Eagle County Ambulance District whose address is P.O. Box 990, Edwards, Colorado (hereafter
know as "ECAD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch
Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ECAD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ECAD
vehicles and equipment. Service will be performed on approximately 12 vehicles listed
in Exhibit A, although the number of vehicles serviced may be increased or decreased in
ECAD's sole discretion; provided, the combined number of vehicles and equipment shall
not exceed 75 without the approval of Contractor. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall
consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECAD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ECAD has approved of
such charges. Services may be commenced with verbal approval by ECAD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. ECAD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ECAD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10t of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by ECAD. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 4
1�
Contractor's vehicle washing facility may be used by ECAD subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ECAD to its employees. Contractor shall provide ECAD an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ECAD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
S. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
17
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ECAD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2010.
Eagle County Ambulance District
IIn
EXECUTED this
2010.
TOWN OF AVON
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
day of ,
/e
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
every 12months
EXHIBIT A
RATE
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 4, 2010
VIN
Year
Manufacturer
Equipment Type
780 L
Unit
Code
Ford
E350 Ambulance
781 L
1 FDWE35P27DB07679
2007
Ford
E350 Ambulance
1 F-UWE31- N9AUA152154
2U1 U
I-Ord
E35U Ambulance
780 L
1 FDWE35P15HA12813
2004
Ford
E350 Ambulance
781 L
1 FDWE35P27DB07679
2007
Ford
E350 Ambulance
782 L
1 FDWE35P77DB00744
2007
Ford
E350 Ambulance
783 L
1 FDWE35P27DA96425
2007
Ford
E350 Ambulance
784 L
1 FDWE35F53HA60870
2003
Ford
E350 Ambulance
785 L
1 FDWE35P06HA92445
2005
Ford
E350 Ambulance
786 L
1 FDWE35P19DA71499
2009
Ford
E350 Ambulance
787 L
1 FMFU16597LA79101
2007
Ford
Expedition
776 L
1 FMEU73876UB19732
2006
Ford
Explorer
777 L
1FMPU16LXlLA86925
2001
Ford
Expedition
778 L
1 FMEU73879UA07551
2009
Ford
Explorer
779 L
Code indicates H — heavy duty (e.g., large buses) or L — light duty— (e.g., supervisor vehicles, small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
l7
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Gypsum Fire Protection District whose address is P.O. Box 243, Gypsum Colorado, 81637
(hereafter know as "GFPD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of GFPD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the GFPD
vehicles and equipment. Service will be performed on approximately 2 vehicles listed in
Exhibit A, although the number of vehicles serviced may be increased or decreased in
GFPD's sole discretion; provided, the combined number of vehicles and equipment shall
not exceed 75 without the approval of Contractor. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall
consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by GFPD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless GFPD has approved of such
charges. Services may be commenced with verbal approval by GFPD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. GFPD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
GFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char Ee on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10t of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by GFPD. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 4
Contractor's vehicle washing facility may be used by GFPD subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by GFPD to its employees. Contractor shall provide GFPD an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of GFPD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of GFPD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2010.
Gypsum Fire Protection District
EXECUTED this
2010.
TOWN OF AVON
LOW
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
day of ,
2?2
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 3,000 miles or $108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010
VIN
Manufacturer
Equipment Type
Unit
Code
1 AFAAGCK27RX24383 American Rescue 1424 H
LaFrance
1 FVXTMDBXVH82O74O Freightliner Aerial 1431 H
Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
4Z
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Eagle County Regional Transportation Authority whose address is 500 Broadway, P.O. Box 850
Eagle, CO 81631 -0850 (hereafter know as "ECO") and the Town of Avon whose address is P.O.
Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ECO to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of ECO
vehicles and equipment. Service will be performed on any of the vehicles listed in
Exhibit A. While the number of vehicles serviced may be increased or decreased in
ECO's sole discretion provided that the combined number of vehicles and equipment
shall not exceed 30 without the approval of Contractor. Routine Maintenance is that
which is performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECO ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ECO has approved of such
charges. Services may be commenced with verbal approval by ECO of a written estimate
submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. ECO acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ECO will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10`h of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by ECO. The cost of
unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
Contractor's vehicle washing facility may be used by ECO subject to such wash rates as
Contractor shall establish and may amend from time to time.
2011 Town of Avon 'Vehicle Maintenance Contract
Page 1 of 4
ZM-1
4. Terms and Termination: This Agreement will be effective as of November 1, 2010 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ECO to its employees. Contractor shall provide ECO an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ECO, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
2011 Town of Avon Vehicle Maintenance Contract
Page 2 of 4
2s-
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ECO. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of EXECUTED this day of ,
2010. 2010.
Eagle County Regional Transportation TOWN OF AVON
Authority
By:
2011 Town of Avon Vehicle Maintenance Contract
Page 3 of 4
L
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
FREQUENCY
3,000 miles or
250 hours
every 12months
EXHIBIT A
Preventive Maintenance
Inspection
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
October 5, 2010:
RATE
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
VIN
Pass
Manuf/Type
Owner
Unit #
Code
15GCD211OW1089053
43
Gillig Phantom
ECO
852
H
15GCD2114W1089054
43
Gillig Phantom
ECO
853
H
15GCD2116W1089055
43
Gillig Phantom
ECO
854
H
15GCD2115W1089516
43
Gillig Phantom
ECO
855
H
15GCD2117X1089518
43
Gillig Phantom
ECO
857
H
15GCD211 X11111667
43
Gillig Phantom
ECO
861
H
15GCD211X11111678
43
Gillig Phantom
ECO
862
H
15GCD211031112289
43
Gillig Phantom
ECO
863
H
15GCD211X41112043
43
Gillig Phantom
ECO
864
H
15GCD211551112100
43
Gillig Phantom
ECO
865
H
15GCD211751112101
43
Gillig Phantom
ECO
866
H
15GGD211061077548
37
Gillig BRT
ECO
867
H
15GGD211061077549
37
Gillig BRT
ECO
868
H
15GGD211971078103
37
Gilllig BRT
ECO
871
H
15GGD211071078104
37
Giffig BRT
ECO
872
H
15GGD211271078105
37
Gillig BRT
ECO
873
H
15GGD211471078106
37
Gillig BRT
ECO
874
H
15GGD211671078107
37
Gillig BRT
ECO
875
H
1G13E5V1927F426429
20
Chevy 5500
ECO
452
L
1GBE5V1987F426483
20
Chevy 5500
ECO
453
L
1GBE5V1997F426508
20
Chevy 5500
ECO
454
L
15GGD211481078857
37
Gillig BRT
ECO
876
H
15GGD211681078858
37
Gillig BRT
ECO
877
H
15GGD211781078859
37
Gillig BRT
ECO
878
H
15GGD211381078860
37
Gillig BRT
ECO
879
H
15GGD211491177009
37
Gillig BRT
ECO
880
H
15GGD211091177010
37
Gillig BRT
ECO
881
H
15GGD211291177011
37
Gillig BRT
ECO
882
H
1 GB9G5A68A1 105503
6
Chevy Arboc
ECO
455
L
Delivery 11/2010
37
Gillig BRT
ECO
883
H
Delivery 11/2010
37
Gillig BRT
ECO
884
H
Code indicates H — heavy duty (e.g., large buses) or L — light duty— (e.g., foreman vehicles, small cut - aways).
Pass - passenger count.
END EXHIBIT A
2011 Town of Avon Vehicle Maintenance Contract
Page 4 of 4
27
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632
(hereafter know as "BCMD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of BCMD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
BCMD Public Works vehicles and equipment. Service will be performed on
approximately 24 vehicles and equipment listed in Exhibit A, although the number of
vehicles serviced may be increased or decreased in BCMD's sole discretion; provided,
the combined number of vehicles and equipment shall not exceed 75 without the approval
of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250
hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A
attached hereto.
(b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless BCMD has approved of
such charges. Services may be commenced with verbal approval by BCMD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
BCMD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 5
DWI
Contractor's vehicle washing facility may be used by BCMD subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by BCMD to its employees. Contractor shall provide BCMD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of BCMD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 5
24
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of BCMD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of EXECUTED this day of ,
2010. 2010.
Beaver Creek Metropolitan District TOWN OF AVON
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 5
So
EXHIBIT A
WORK
FREQUENCY RATE
"A" PM
3,000 miles or $108.00 hr. Light
101BC
$115.00 hr. Heavy
Preventive Maintenance
250 hours Plus parts &
Inspection
sublet
"Annual" every 12months $108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010.
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
101BC
2010 Ford F350 Pick up
1FTRF3BT7BEA75301
Light
102BC
Peterbilt 386 w /plow
1NP- H49X- 8- BD122336
Heavy
901BC
Peterbilt 367 dump truck
1NPTM00X7AD105040
Heavy
7802BC
1999 BANDIT 250XP CHIP
014526
Light
7708BC
2007 Sullivan Compressor
1
Light
7755BC
2000 Bear Cat Crack Sealer
1
Light
802BC
1999 BANDIT CHIPPER
1
Light
502BC
2005 FORD F350
1FDSF35P95EC37607
Light
501BC
2005 FORD F350
1FTWF31P35EC29014
Light
7703BC
2002 FRGHTLINER FLD112SD
1FVAAEA832PJ64697
Heavy
601BC
1999 TRAILMAX GTD -20 -7
1G9KS3323XA065372
Heavy
7602BC
2005 GMC T7500
1GDM7F1325F533377
Heavy
798BC
1999INTERNATIO 5000 4X4
1HTTNAHT6XJ001969
Heavy
603BC
2010 TOYOTA Sequoia
5TDBT48AX5S248099
Light
785BC
1999 CAT 938G
6WS01037
Heavy
737BC
1990 CAT 140G BLADE
72V13202
Heavy
7801bc
1998 BROCE SWEEPER
89007
Heavy
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 5
783BC
1990 FAIR MFG 742SI
796BC
2005 CAT 287B
804BC
2007 JOHN DEERE 6243
803BC
2007 KAWASAKI MULE
7601BC
2006 JOHN DEERE 310 SG HOE
606BC
2004 MERCEDES UNIMOG
605BC
2007 MERCEDES UNIMOG
C78FMID7489
Heavy
CAT0287BPZSA01846
Heavy
DW624JZ614010
Heavy
JKIAFDB137B514174
Light
T0310SG956058
Heavy
W D6DE4CS744204863
Heavy
WD7DE4CS664211379
Heavy
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 5 of 5
0
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between ict
whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") and
the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado,
81620 (hereafter designated as "Contractor ").
In consideration of the obligation of BCMD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
BCMD vehicles and equipment. Service will be performed on approximately 23 transit
buses listed in Exhibit A, although the number of vehicles serviced may be increased or
decreased in BCMD's sole discretion; provided, the combined number of vehicles and
equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless BCMD has approved of
such charges. Services may be commenced with verbal approval by BCMD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
BCMD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10th of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
Contractor's vehicle washing facility may be used by BCMD subject to such wash rates as
Contractor shall establish and may amend from time to time.
2011 Town of Avon Vehicle Maintenance Contract
Page I of 4
33
4. Terms and Termination: This Agreement will be effective as of October 1, 2010 and will
terminate on September 30, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by BCMD to its employees. Contractor shall provide BCMD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of BCMD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
2011 Town of Avon Vehicle Maintenance Contract
Page 2 of 4
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of BCMD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2010.
Beaver Creek Metropolitan District
2011 Town of Avon Vehicle Maintenance Contract
Page 3 of 4
EXECUTED this
2010.
TOWN OF AVON
day of ,
35_
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
every 12months
RATE
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
September 13, 2010
VIN
Pax
I Manufacturer I
Equipment Type
Owner
Unit
1 N93623476A140297
50
Optima
Heavy
Bus
Beaver Creek
997
1 N93623456A140296
50
Optima
Heavy
Bus
Beaver Creek
996
1Z9B5BSS54W216252
51
Optima
Heavy
Bus
Beaver Creek
852
1Z9B5BSS34W216251
51
Optima
Heavy
Bus
Beaver Creek
851
15GCD2018T1087501
60
Gillig
Heavy
Bus
Beaver Creek
848
15GCD201XT1087497
60
Gillig
Heavy Bus Beaver Creek
844
15GGD271291177582
70
Gillig
Heavy Bus Beaver Creek
082
15GGD271491177583
70
Gillig
Heavy Bus Beaver Creek
083
15GCD2010T1087492
60
Gillig
Heavy Bus Beaver Creek
839
1 GBJ5V1 GX7F419693
35
Star Craft
Heavy bod on chass Beaver Creek
793
1GBJ5V1G27F419462
35
Star Craft
Heavy bod on chass Beaver Creek
762
1Z9B7DTS16W216160
50
Optima
Heavy Bus Beaver Creek
760
1Z9B7DTS56W216159
50
Optima
Heavy Bus Beaver Creek
759
1Z9B6DTS05W216149
50
Optima
Heavy Bus Beaver Creek
649
1Z9B6DTS95W216148
50
Optima
Heavy Bus Beaver Creek
648
1Z9B6DTS75W216147
50
Optima
Heavy Bus Beaver Creek
647
1Z9B6DTS55W216146
50
Optima
Heavy Bus Beaver Creek
646
1 GBJ5V1 EX5F502164
34
Terra Transit
Heavy bod on chass Beaver Creek
564
1 GBJ5V1 E75F502655
34
Terra Transit
Heavy bod on chass Beaver Creek
555
1 GBJ5V1 E15F502344
34
Terra Transit
Heavy bod on chass Beaver Creek
544
15GGD271X81079690
70
Gillig
Heavy Bus Beaver Creek
960
15GGD271181079691
70
Gillig
Heavy Bus Beaver Creek
961
2011 Town of Avon Vehicle Maintenance Contract
Page 4 of 4
a
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Town of Minturn whose address is P.O. Box 309, Minturn Colorado, 81645 (hereafter know as
"TOM ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon,
Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of TOM to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the TOM
vehicles and equipment. Service will be performed on approximately 12 vehicles and
equipment listed in Exhibit A, although the number of vehicles serviced may be increased
or decreased in TOM's sole discretion; provided, the combined number of vehicles and
equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by TOM ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless TOM has approved of such
charges. Services may be commenced with verbal approval by TOM of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. TOM acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
TOM will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by TOM. The cost of
unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 4
3-7
Contractor's vehicle washing facility may be used by TOM subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
parry, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by TOM to its employees. Contractor shall provide TOM an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of TOM, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
W
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of TOM. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this
2010.
Town Of Minturn
day of ,
EXECUTED this
2010.
TOWN OF AVON
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
day of ,
39
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 3,000 miles or
$108.00 hr. Light
Manufacturer
$115.00 hr. Heavy
Preventive Maintenance 250 hours
Plus parts &
Inspection
sublet
"Annual" every 12months
$108.00 hr. Light
1D7HW28N565657232
$115.00 hr. Heavy
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010
F350
VIN
Year
Manufacturer
Equipment Type
4M L
Unit
Code
Dodge
Dakota
7M L
1D7HW28N565657232
2006
Dodge
2500
1B4HS28NXYF255768
2000
Dodge
Durango
4M L
1D3HW28P67S190021
2007
Dodge
Dakota
7M L
1D7HW28N565657232
2006
Dodge
2500
6M L
1FTSX31PX4EC60013
2004
Ford
F350
8M L
1FTWF33PX4EC60014
2004
Ford
F350
5M L
1GNEf16M556166328
2005
Chevrolet
Trailblazer
1M L
1HTZPJ3ROFHA21661
1985
International
Dump truck
10M H
1XKAD69XONS
1992
Kenworth
Dump truck
144 H
M
2GiWF55K329241147
2002
Cheverolet
Impala
3M L
2GiWF55K919255116
2001
Chevrolet
Impala
2M L
6FN00280
2004
Cat
IT38F Loader
9M H
JJG0249826
2000
Case
580L Backhoe
11M H
Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles,
small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
SERVICE AGREEMENT
This agreement is made and entered into this day of , 2009 by and between
Western Eagle County Ambulance District whose address is P.O. Box 1809, Eagle, Colorado
(hereafter know as "WECAD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of WECAD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
WECAD vehicles and equipment. Service will be performed on approximately 6
vehicles listed in Exhibit A, although the number of vehicles serviced may be increased
or decreased in WECAD's sole discretion; provided, the combined number of vehicles
and equipment shall not exceed 20 without the approval of Contractor. Routine
Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine
Maintenance shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by WECAD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless WECAD has approved of
such charges. Services may be commenced with verbal approval by WECAD of a
written estimate submitted by Contractor. Repair and Replacement includes, without
limitation, transmissions repairs, engine repairs, rear end repairs and any other work or
repairs exceeding $2,000.00. WECAD acknowledges that subcontractors will perform
certain repair work. Contractor shall be responsible for assuring that all such
subcontracted work will be performed promptly and in accordance with the terms and
conditions of this Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
WECAD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10`h of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by WECAD. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
WECAD. Contact TOA for current wash rates.
4-/
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by WECAD to its employees. Contractor shall provide WECAD an original
of its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of WECAD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
4-2
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of WECAD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this day of 32009.
Western Eagle County Ambulance District
LIM
EXECUTED this day of 12009.
TOWN OF AVON
LM
�3
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
EXHIBIT A
FREQUENCY
3,000 miles or
250 hours
every 12months
RATE
$105.00 hr.
Plus parts &
sublet
$105.00 hr.
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009.
EQUIPMENT EQ DESCRIPTION SERIAL NUMBER CLASS
803AW
2003
FORD E450
1FDXE45F43HA19141
AMB
802AW
2003
FORD E450
1FDXE45F63HA19142
AMB
804AW
2003
FORD E450
1FDXE45F73HA60864
AMB
801AW
2008
FORD E450
1FDXE45P78DA77008
AMB
800AW
1999
FORD EXPEDITION
1FMPU18L1XLB40408
L4U
812AW
2004
FORD EXPLORER
1FMZU72K84ZB05532
L4U
808AW
2008
CHEVROLET 2500HD
1GCHK39628E210748
H4P
805AW
2007
CHEVROLET TAHOE
1GNFK13027J346200
L4U
810AW
2007
CHEVROLET TAHOE
1GNFK13027J346200
L4U
(4,4—
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Vail Valley Foundation whose address is P.O. Box 309, Vail, Colorado 81658 (hereafter know as
( "VVF ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon,
Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of VVF to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the VVF
vehicles and equipment. Service will be performed on approximately 2 vehicles listed in
Exhibit A, although the number of vehicles serviced may be increased or decreased in
VVF's sole discretion; provided, the combined number of vehicles and equipment shall
not exceed 75 without the approval of Contractor. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall
consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by VVF ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless VVF has approved of such
charges. Services may be commenced with verbal approval by VVF of a written estimate
submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. VVF acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
VVF will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by VVF. The cost of
unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 4
li.S`
Contractor's vehicle washing facility may be used by VVF subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by VVF to its employees. Contractor shall provide VVF an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of VVF, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
01rb
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of VVF. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of EXECUTED this day of ,
2010. 2010.
Vail Valley Foundation TOWN OF AVON
2011 Town of Avon 'Vehicle and Equipment Maintenance Contract
Page 3 of 4
47
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 3,000 miles or $108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010
VIN
Year
Manufacturer
Equipment Type
Owner
Unit
I codi-]
1FDXE4552YHB82732 1UU1 cord t45U
1 FDEX45S7YHB82726 2000 Ford E450
Magic Bus
Magic Bus
Youth
Foundation
Youth
Foundation
MB1 L
MB2 L
Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
1+1
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Town of Redcliff whose address is P.O. Box 40, Redcliff, Colorado, 81649 (hereafter know as
"TOR ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon,
Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of TOR to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the TOR
vehicles and equipment. Service will be performed on approximately 3 vehicles and
equipment listed in Exhibit A, although the number of vehicles serviced may be increased
or decreased in TOR's sole discretion; provided, the combined number of vehicles and
equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by TOR ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless TOR has approved of such
charges. Services may be commenced with verbal approval by TOR of a written estimate
submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. TOR acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
TOR will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by TOR. The cost of
unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 4
r1
Contractor's vehicle washing facility may be used by TOR subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by TOR to its employees. Contractor shall provide TOR an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of TOR, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
15®
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of TOR. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this
2010.
Town Of Redcliff
day of EXECUTED this
2010.
TOWN OF AVON
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
day of ,
S/
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
EXHIBIT A
FREQUENCY RATE
3,000 miles or $108.00 hr. Light
$115.00 hr. Heavy
250 hours Plus parts &
sublet
every 12months $108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010
VIN
Year
Manufacturer
Equipment Type
Owner
Unit
Code
1U(-UKI4KU 14Z1Lb'Jti -I yyb Chevrolet K25UU Fick up
1HTSDAARXSH242964 1995 International Dump Truck
DW544EB534519 1995 John Deere 544E Loader
45R L
1R H
2R H
Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
52,
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Greater Eagle Fire Protection District whose address is P.O. Box 961, Eagle Colorado, 81631
(hereafter know as "GEFPD ")and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of GEFPD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
GEFPD vehicles and equipment. Service will be performed on approximately 6 vehicles
listed in Exhibit A, although the number of vehicles serviced may be increased or
decreased in GEFPD's sole discretion; provided, the combined number of vehicles and
equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by GEFPD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless GEFPD has approved of
such charges. Services may be commenced with verbal approval by GEFPD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. GEFPD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
GEFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by GEFPD. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon 'Vehicle and Equipment Maintenance Contract
Page 1 of 4
M
Contractor's vehicle washing facility may be used by GEFPD subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by GEFPD to its employees. Contractor shall provide GEFPD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of GEFPD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
'5
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of GEFPD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2010.
Greater Eagle Fire Protection District
EXECUTED this
2010.
TOWN OF AVON
2011 Town of Avon 'Vehicle and Equipment Maintenance Contract
Page 3 of 4
day of ,
7S
WORK
"A" PM
Preventive Maintenance
Inspection
EXHIBIT A
FREQUENCY RATE
3,000 miles or $108.00 hr. Light
$115.00 hr. Heavy
250 hours Plus parts &
sublet
"Annual" every 12months $108.00 hr. Light
$115.00 hr. Heavy
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010
VIN
Year
Manufacturer
Equipment Type
Unit
Code
2003
Ford
F450
914 L
4P1CT02SOXA000015
1999
IrUArS/t- MAtdJb1b
199ts
cord
F55U
912 L
1FDXX47S44EB12880
2003
Ford
F450
914 L
4P1CT02SOXA000015
1999
Pierce
Dash Aerial
935 H
4P1CT02U9TA000122
1995
Pierce
Saber Pumper
915 H
4P1CT02U9WA000187
1997
Pierce
Saber Pumper
924 H
U90WVGH1479
1979
Ford
L9000 Tender
920 H
Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
4'11.
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2010 by and between
Eagle County Hazmat Team whose address is P.O. Box 1388, Avon Colorado, 81620 (hereafter
know as "ECHT") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch
Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ECHT to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ECHT
vehicles and equipment. Service will be performed on approximately 2 vehicles and
equipment listed in Exhibit A, although the number of vehicles serviced may be increased
or decreased in ECHT's sole discretion; provided, the combined number of vehicles and
equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECHT ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ECHT has approved of such
charges. Services may be commenced with verbal approval by ECHT of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. ECHT acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ECHT will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment
and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char Ee on all
road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each
month for services performed the previous month. Payment shall be remitted within ten (10)
days of receipt of invoice. Contractor's Fueling Facilities may be used by ECHT. The cost
of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %).
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 4
41
Contractor's vehicle washing facility may be used by ECHT subject to such wash rates as
Contractor shall establish and may amend from time to time.
4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will
terminate on December 31, 2011 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ECHT to its employees. Contractor shall provide ECHT an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ECHT, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
L��
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ECHT. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi- fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2010.
Eagle County Hazmat Team
LOW
EXECUTED this
2010.
TOWN OF AVON
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
day of ,
Lll
WORK
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
every 12months
EXHIBIT A
RATE
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
$108.00 hr. Light
$115.00 hr. Heavy
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 3, 2010
VIN
Year
Manufacturer
Equipment Type
Unit
Code
1FDWX47P75EC98558 2005 Ford F450
16HGB20224U035361 2003 Haulmark Trailer
1HM L
HMRT1 L
Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways).
END EXHIBIT A
2011 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 4
5()
HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: November 4, 2010
SUBJECT: 2nd and Final Reading of Ord. No. 10 -14 Adopting the Avon
Development Code
Summary: Town Council provided direction on a number of revisions to the Avon
Development Code at the last Town Council meeting. The revisions are been re- printed
in comparison form to the code sections which they are amending for your convenience.
The Avon Town Council closed the public hearing on October 26, 2010 and did not take
any action to continue the public hearing to the November 9, 2010 Town Council
meeting. Therefore, if the Town Council desired to consider and accept more public
comments, technically the Town should re- notice a public hearing before the Town
Council.
Proposed Motion: "I move to approve Ordinance No. 10 -14 AN ORDINANCE
AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON
DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE
17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND
PERSONNEL on second and final reading with the revisions listed in Eric Heil's
memorandum dated November 4, 2010."
Revisions: The proposed revisions are attached to this memorandum as Appendix A
to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon
Development Code.
Thanks, Eric
Heil Law 8 Planning, uC Eric Heil, E :q- A.i.C.P.
2696 S. Colorado Blvd., Suite 550 Tel: 303.975.6120
Denver, CO 80222 ericheillaw@gmail.com
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 1 of 5
Section 7.08 (Page 23)
Basement means
mer-e then fotff (4) feet abeve the pfe existing gfade. These afeas beneath a baseme
shall be the definition of Basement as set forth in the most
recent version of the International Building Code adopted by the Town.
Section 7.16.060 (Page 61 -62)
(a) Eligibility Criteria. All of the following criteria must be met for a property to
be eligible to apply for PUD approval.
(1) Property Eligible. All properties within the Town of Avon are eligible to
apply for PUD approval.
(2) Consistency with Comprehensive Plan. The proposed development shall
be consistent with the Avon Comprehensive Plan.
(3) Consistent with PUD Intent. The proposed development shall be
consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a).
(4) Compatibility with Existing Uses. The proposed development shall not
impede the continued use or development of surrounding properties for uses that are
permitted in the Development Code or planned for in the Avon Comprehensive Plan.
(5)Uftified Control. The entire area of Ow pr-opesed development shall be und
responsibility for- eampleting the efltiFa Projeet. This PFOAsie" shall not pfehibit e
T
(6)IfLPublic Benefit. A recognizable and material benefit will be realized by
both the future residents and the Town as a whole through the establishment of a
PUD, where such benefit would otherwise be infeasible or unlikely.
(7-)J�LPreservation of Site Features. Long -term conservation of natural,
historical, architectural, or other significant features or open space will be achieved,
where such features would otherwise be destroyed or degraded by development as
permitted by the underlying zoning district.
(- 8)JZLSufficient Land Area for Proposed Uses. Sufficient land area has been
provided to comply with all applicable regulations of the Development Code, to
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 2 of 5
adequately serve the needs of all permitted uses in the PUD projects, and to ensure
compatibility between uses and the surrounding neighborhood.
Section 7.20.100 (Page 96 -97)
7.20.010 Employee Housing Mitigation.
(a) When applicable, employee housing mitigation shall be provided in accordance
with these standards:
(1) To determine the number of employee housing units that must be provided,
the following formula shall be used:
Commercial
Factor
Calculation
Size of Development
Leasable Square Feet
Jobs generated
2.8 per 1,000 SF
Rate x SF /1,000
Employees generated
1.2 jobs per employee
Jobs generated / 1.2
Households generated
1.8 employees per unit
Employees generated / 1.8
Units required
o
10% mitigation
Households generated x 10%
Lodging and Property Management
Size of development
# of Rooms or # of Units
Jobs generated
Lodge/Hotel — 0.8/Room;
Prop. Management —
0.4/Unit
# of rooms x 0.8
# of units x 0.4
Employees generated
1.2 jobs per employee
Jobs generated / 1.2
Households generated
1.8 employees per unit
Employees generated / 1.8
Units required
10% mitigation
Households generated x
10%
Note: The required employee housing mitigation shall be rounded to the nearest whole
number
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 3 of 5
(2) Employee housing units shall be located on -site. The applicant may propose
alternatives to on -site employee housing mitigation in accordance with the alternative
equivalent compliance process set forth in §7.16.120. When considering proposals
for off -site employee housing, preference shall be given to locations closer to the
applicant's property, locations in the Town of Avon, and locations which are served
by mass transit.
(3) Employee housing units shall be owned by the owner of the commercial
space for which the employee housing units serve and shall be used exclusively by
employees of such commercial space; or, employee housing units shall be offered for
sale subject to a deed restriction that restricts the appreciation of price and which
restricts eligible buyers and renters in accordance with the form of price controlled
housing deed restriction adopted by the Town of Avon. Applicants may voluntarily
propose to meet the employee housing units with rent controlled units through the
alternative equivalent compliance process.
(4)__ Employee housing mitigation shall be satisfied by providing one (1)
residential studio unit, one (1) bedroom in a residential unit or any combination
thereof, for each required employee housing unit of mitigation. The minimum size
for a studio unit shall be five hundred (500) square feet and the minimum size for a
one (1 bedroom residential unit shall be seven hundred and fifty (750) s uare feet.
Section 7.28.030(d)(9)(iii) (Page 130)
(iii) The driveway shall be oriented perpendicular (not to exceed an 1l
degee deflection) to the roadway for the first twenty (20) feet measured from the
edge of asphalt of the adjoining street. The driveway shall be oriented between
forty-five (45) and one - hundred and thirty-five (135) degrees crossing through
any remaining ROW and snow storage easement. Centerline tangent points shall
be used for determining access orientation on curves.
Section 7.28.050(h)(1)(iii) (Page 142)
(iii) All native landscaping, dead of „ shall be kept in its native state
Section 7.28.090(a)(9) (Page 150)
(8) To ensure that the architectural design of structures and their materials and
colors are compatible with the Town's overall appearance, surrounding development,
natural and existing landforms, and the officially approved development plans, if any,
for the areas in which the structures are proposed to be located.:
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 4 of 5
Section 7.28.090(c)(2)(v) (Page 151)
(v) Buildings shall be oriented to optimize solar accesequitable s and e*po .
Section 7.28.090(d)(4) (Page 153)
(4) Materials and Colors. The Gee t bWldifigs and th
minimized. A building's color and materials shall complement
and blend with the predominant colors and values of the surrounding natural
environment.
Section 7.28.090(j)(4)(vii)(D) (Page 163)
(D) The primary access to Urceti retail spaces on Benchmark Road, Main
Street, and W. Beaver Creek Boulevard, shall be aee y from the
sidewalk, Fathef than thFough lobbies of othef intemaj spaees.
Section 7.28.0900)(4)(vii)(H) (Page 163)
(I) Public doors and entryways shall be a combination of glass and
metal or wood, or solid wood. All glass OF all flietal do @Fs a ,.hibifed
Section 7.28.090(j)(4)(viii)(B) (Page 164)
(B) Masonry and stone veneer. Masonry and stone veneer walls
should be detailed as masonry bearing walls, especially at corners and
windows and door openings. Bnp G and eut scene should be !aid in tF e
be"ding Patteffi. Meftaf joints should be StFwAle.—S-4ton-ea eellemen4s shall be used-
on the base of lwger- ba4ldings, tip the wails, er- ift elements sueh a-, ehimney
mer-e foFmal uses of stene. ia lafge wails, stone shal! be set with lar-gef stone
;# tho hAttofn gFeAually diminishing to smallef stones at the top.
Section 7.28.090(j)(4)(ix)(H)(1)
Wind pemngs shall be epeeifieelly designed to contribute
to the image and form of new buildings.
Section 7.28.090(j)(4)(ix)(I)(3)
Appendix A to Eric Heil Memorandum, dated November 4, 2010
Revisions to Avon Development Code
Page 5 of 5
(3) Upper floors shall be differentiated through the use of more solid
areas then voids and with smaller vertically oriented windows in a regular
pattern. Windows should
of , tw faea es sib, , � ,�_ �,,bhO ghtS Of ... ,.. ,n,. * .AAt reflect a
rhythm, scale and proportion compatible with the overall building design.
TOWN OF AVON, COLORADO
ORDINANCE NO. 10-14
SERIES OF 2010
AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY
ENACTING TITLE 7: THE AVON DEVELOPMENT CODE;
REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17:
ZONING; AND, REPEALING PORTIONS OF TITLE 2:
ADMINISTRATION AND PERSONNEL
WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the
use, subdivision and development of real property is provided by Article XX of the Colorado
Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State
and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit
Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised
Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised
Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of
Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article
23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised
Statutes; and other applicable state and federal laws and regulation; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Planning and Zoning Commission held public
hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public
comments received and testimony and materials provided by Town Staff provided a
recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and
provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and
17.28.090 of the Avon Municipal Code; and
WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal
Code and after providing proper notice, the Avon Town Council held public hearings on July 27,
2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28,
2010; October 12, 2010; and October 26, 2010, and considered all public comments received and
all testimony and materials provided by Town Staff prior to making a decision; and
WHEREAS, the Town Council finds that the adoption of the Avon Development Code will
implement the Avon Comprehensive Plan, including all related plans and amendments thereto,
and will thereby promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 1 of 4
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed
in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of
Building Appeals; Title 16: Subdivisions and Title 17: Zoning.
Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit
A is hereby enacted.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 2 of 4
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[signature page follows]
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 3 of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26,
2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 12, 2010.
Brian Sipes, Mayor Pro -Tem
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on November 9, 2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh
Page 4 of 4
Memo
To:
Honorable Mayor and Town Council Initials
Thru:
Larry Brooks, Town Manager
Legal Review:
Eric Heil, Town Attorney
Approved by:
Sally Vecchio, Asst Town Manager, Com Dever
From:
Matt Pielsticker, Planner II
Date:
November 3'd, 2010
Re:
Ordinance No. 10 -19, Series of 2010 Amending the Chateau St
Claire PUD To Remove the Requirement Prohibiting Dogs on the
Property.
Summary:
The contract owner (CCS -Land, LLC) of the property known as The Gates, has submitted an
application to amend the Chateau St. Claire Planned Unit Development (the "PUD ") to
remove the requirement that prohibits dogs on the property. Following a public hearing on
October 19, 2010, the Planning and Zoning Commission ( "PZC ") made a unanimous
recommendation for approval of the proposed amendment, with the following findings:
1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome of
the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 8: Animals, Avon Municipal Code, will adequately address "strict
dog control" measures.
4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with this
amendment"
Background:
As a condition of a 1998 amendment to the PUD, the Town Council prohibited dogs on the
property. The condition appears to have been added in response to an interpretation of
the1996 Wildlife Study that was prepared for the property by Western Ecosystems (See
Exhibit B). Specifically, the study recommended that "strict dog control measures" be
implemented on the property. The Colorado Department of Wildlife concurred with the
recommendations of the Wildlife Study.
In order to clarify the conclusions and recommendations from the Wildlife Study, Biologist,
Richard W. Thompson of Western Ecosystems, Inc. provided the Town with a letter dated
August 19, 2010, clarifying that a "dog prohibition" was not the intention of his 1996
assessment. The letter goes on to state that dog control measures that prohibit dogs from
running at large on the property would be sufficient control so that owners of the property
could have dogs without threatening wildlife in the surrounding area.
The Town's policies with regard to dog control are governed by Title 6 of the Avon Muncipal
Code: Animals. Pursuant to these regulations, it is the responsibility of dog owners to keep
their pet under control, and to prevent their animal from:
1) Running at large;
2) Becoming a danger to persons or property;
3) Trespassing on the property of another; or
4) Becoming a public nuisance.
It is declared to be a public nuisance when a dog owner fails to pick up after his or her dog,
or fails to prevent his or her dog from disturbing the peace by barking, yelping, etc. A dog is
considered "Running at Large" when it enters the property of another person or when it
enters public property and is not under the control of the owner, either by leash, cable or
chain not more than ten (10) feet in length (Section 6.04.020).
In addition, Section 6.04.140,Threatening of Wildlife and Livestock, states: "it is
unlawful to allow a dog to run after, chase, pursue, bite, snap at, worry, attack or
otherwise threaten wildlife or livestock, or both. In the event any dog is found to be
threatening wildlife, said dog may immediately be destroyed at the discretion of any
police officer or the Community Services Officer." The provision goes on to state that
the pet may alternatively be impounded, and the owner will be convicted of a violation
and required to pay restitution after a mandatory court appearance.
Discussion:
If this proposed amendment to the PUD is approved, dogs will be permitted on the
property in accordance with the Town's animal control regulations described above.
Recommendation:
Finding that a dog prohibition was not the intention of the 1996 Wildlife Study, and that the
Town's rules and regulations concerning the control of dogs on public and private property
are sufficient to address the recommendations of the Wildlife Study, Staff recommends that
the Council approve Ordinance 10 -19, approving the proposed amendment to the Chateau
St. Claire PUD to allow dogs on the property.
Town Manager Comments:
Exhibits:
A: Ordinance 10 -19
B: Wildlife Letters
• Page 2 November e, 2010 Town Council Meeting
Exhibit A
TOWN OF AVON, COLORADO
ORDINANCE 10 -19
SERIES of 2010
AN ORDINANCE APPROVING AN AMENDMENT TO THE CHATEAU ST. CLAIRE
PLANNED UNITED DEVELOPMENT, CHATEAU ST CLAIRE SUBDIVISION,
REMOVING THE REQUIREMENT PROHIBITING DOGS ON THE PROPERTY
WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ")
Amendment, by Ordinance No. 98 -6, Amending the Chateau St. Claire PUD Development Plan
and Development Standards for Lots 1 and 2, Chateau St. Claire Subdivision;
WHEREAS, in response to a Wildlife Study performed by Western Ecosystems, Inc, dated
April 1, 1996, a condition of approval of Ordinance 98 -6 states that "Dogs shall not be permitted
on the property ";
WHEREAS, Brian Wilson, on behalf of CCS -Land, LLC with the permission of the
property owner, Timothy Burton of CSC Land, LLC, has applied for a PUD Amendment to
remove the requirement prohibiting dogs on the property, pursuant to Section 17.20.110 of the
Avon Municipal Code;
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing
on October 19, 2010, after posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation, then took action to adopt findings and make a
recommendation of approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing on November
23rd, 2010, after posting notice as required by law, considered all comments, testimony, evidence
and staff reports provided by the Town staff prior to taking any action on the Chateau St. Claire
PUD amendment application;
WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council has considered
the applicable review criteria;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law and the AMC by setting a public hearing in order
to provide the public an opportunity to present testimony and evidence regarding the application
and that approval of this Ordinance on first reading does not constitute a representation that the
Town Council, or any member of the Town Council, supports, approves, rejects, or denies the
proposed zoning.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following:
Ord No. 10 -19
SECTION 1. AMENDMENT TO CHATEAU ST. CLAIRE PUD. The Chateau St. Claire PUD,
Chateau St. Claire Subdivision, is hereby amended to remove the requirement prohibiting dogs
on the property.
SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact
with respect to this PUD Amendment application:
1. The property is not located in important wildlife habitat.
2. The complete prohibition of dogs on the property was not the intended outcome
of the Wildlife Biologist's April 1, 1996 wildlife assessment letter.
3. Enforcement of Title 6: Animals, Avon Municipal Code, will adequately address
"strict dog control" measures.
4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with
this amendment
SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical,
grammatical, cross - reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 7. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
Page 2 of 3
Ord No. 10-19
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED: the 9th day of November, 2010, and a public hearing on this ordinance shall be held at
the regular meeting of the Town Council on the 23`d day of November, 2010, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 23`d day of November, 2010.
Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Page 3 of 3
Ord No. 10 -19
ISUM & ASSOC. EMCC 3033286266 Exhibit B
04 -01 -96 06:34FM FROM WESTUN ECOSYSTEMS
Western Ecosystems, Sna
Ecological consultants
90$ 1'1)est C ach 04 ;BOUIJer, (30 80302 (303) 442- 6144
April 1, 1996
Mr. Steve Isom
Isom & Associates
P.O. Box 9
Eagle, CO 81631
Re: Wildlife assessment of the Chateau St. Claire development.
Dear Steve!
A proposal has been submitted to the Town of Avon (Town) to redevelop the Avon School
Tract and an adjacent tract to the west. The former tract contains a home converted into
an office used by approximately six people. The adjacent tract contains two single family
residences and several non - inhabited wooden structures. The proposed Chateau St. Claire
development would consist of a restaurant and commercial space. Such a proposal requires
approval from the Town. Wildlife arc a resource o € high public concern and redevelopment,
such as that proposed, roust cousider potential impacts to wildlife and their habitats.
Addressed below, at you request, is a wildlife assessment for the proposed redevelopment
site.
lTt � y�iTi�
Current Colorado ?division of wildlife (,.•^DOW) Wildlife Resource Information System
(WRIS) maps were used to identity major wildlife issues on and surrounding the subject
property. A site survey was conducted on March 29, 1994 to evaluate habitats on and
surrounding the Avon School site, which was being rezoned. The survey also inoluded the
entire portion of subject parcel that would be disturbed by redevelopment. Mr. Bill Andree
(CDOW District Wildlife Manager) was coaitaeted during the school site rezoning procoss
to obtain the State's concerns associated with the rezoning proposal. This assessment was
based on the above and systematic photographs of the development area taken during the
1994 survey.
ISOM & ASSOC. EMCC 3033286266 P.03
04 -01 -96 05:45PM FROM JESTrr N ECOSYSTEMS Poi
Mr. Steve Isom
April 1, 1496
Page 2
STUDY AREA
The --t 6 acre subject parcel is located along the south side of U.S. Highway 6, approximately
50 yards east of the highway's istterseotioa with the Avon and Village Roads. The site occurs
at 7,520 feet, along a north - facing toe slope at the distal terminus of a steep ridge separating
the east side of the Beaver Creek Valley from the Eagle River. The Eagle River flows north
of Highway 6 and the channel of Beaver Creek occurs along the northwest flank of the
property.
The development site is relatively flat as a result of its prior development and use as a gravel
extraction site, sehool, residential and office site. Most native habitats in the vicinity of
existing structures were disturbed during initial excavation and there has been little
recolonization. The exception is a narrow riparian corridor flanking Beaver Greek,
dominated by medium -aged to mature narrowleaf cottonwoods and a few conifers.
Otherwise, the site is dominated by introduced cultivars (primarily smooth brome and
crested wheatgrass) and weedy vegetation (including mullein, sweet clover, thistle, and
mustards).
Native vegetation south and east of the redevelopment area is a mountain shrub community,
dominated by serviceberry, with rubber rabbitbrush, some snowberry, bitterbrush, card small
aspen clumps, and a relatively vigorous herbaceous understory containing carices, bluegrass,
timothy, smooth brume, yarrow, and penstemon. Vallonla sp. (snail) shells are abundant on
the hillside and additionally characterize this community. This shrub conuaunity transitions
into a Douglas -Sri Englemann spruce forest with increasing elevation on the ridge. These
native habitats would not be disturbed by the proposal.
WILDLIFE USE
Wildlife use of the property is limited by non- native vegetation, on -site human activity and
habitation, and the chronic activity associated with Highway 6 and its intersection with
Village and Avon Roads. Wildlife use of the development site is generally conf ned to a low
diversity of nongame species. A greater amount of wildlife use occurs along the Beaver
Creek riparian corridor (e ►g., nesting magpies), along the creek per se, (e.g., fish, beaver),
and in the mountain shrub habitat to the south (critical elk habitat). However, the portion
of the site proposed for development is not particularly important habitat for any wildufe
species or group.
The development area does not overlap any vAldiife habitats delineated on CROW WRIS
maps (Sept. and Oct. 1995). However, the mountain shrub and other habitats above (south
and southeast) of the development area are mapped as elk winter range, winter
Isom & Assric. EMCC
04-01 -96 06:45PM FROM WE�-nN ECOSYSTEMS
Mr. Steve Isom
April 1, 1996
Page 3
3033286266 P.64
P02
concentration area, severe winter range, and critical elk habitat. Mr. Bill Andree indicated
that these nofth- facing slopes, immediately south of the parcel, are used by elk primarily
during milder winters. March 29 surveys of this area located elk pellets deposited as low as
the shoulder of Highway 6 over the relatively mild 1993 /94 winter. A low number of deer
pellets, deposited in summer or fall 1993, were also located in this area. Growth forms of
serviceberry and bitterbrush shrubs (two key winter browse species) on this hillside suggest
only a light level of big game browsing. However, white elk pellets were fairly common in
this native community, no elk or deer pellets were located on the proposed development
area, probably because of a lack of forage. Big game use on the adjacent hillside is
nocturnal, infrequent, and would be unaffected by the largely diurnal and indoor use that
Is proposed.
While low numbers of big game May seasonally contour across the hillside south of the
property during local movements, the property and the adjacent hillside are outsides of any
migratory corridors and production areas.
There are no habitats of threatened, endangered, or candidate species on -site or in adjacent
areas that the proposed rezoning and use of the school site would jeopardize.
Proposed use of the school site would not result in any water depletions or other effects to
the Eagle River, Beaver Creek, or their ripe inn Communities.
CONCLUSIONS AND RECOMMENDATioNS
The Chateau St. Clair redevelopment site contains no particularly important wildlife ;►abitat.
However, some sensitive wildlife habitats occur adjacent to the development. It is my
understanding that a minimum 30 foot setback botwoon Beaver Greek and the development
area would be maintained. It is also recommended that all development avoid the
continuous Hparian corridor flanking Beaver Greek, composed of cottonwoods, spruce, and
lodgepole pine trees. To avoid impacts to big game winter range, development should be
kept below the historic jeep trail at the toe o the hillside. Strict dog control measures
should be implemented and enforced to avoid wildlife harassment and mortality. Property
owners should prohibit the development of any_ trails in the Beaver Creek xiparlan corridor
or extending into the mountain shrub habitat south of the develepment area.
With the above conditions, tho proposed development and subsequent use of the site„ should
not result in any substantive change in th6 present type or level of wildlife use. As such,
therc should be no adverse effects to wildlife or their habitats, on or adjacent to the site,
resulting from the proposal.
ISOM & ASSOC. EMCC
04-01-96 06:45PM FROM WEST I ECOSYSTEMS
Mr. Steve Isom
April 11 19?6
Page 4
please tail if you have any questions.
Sincerely,
�zk
Richard W. Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT /s
3033266266
P. 05
P03 1
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
VISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Perry D. Olson, Director
606 Broadway
Denver, Colorado 80216
Telephone: (303) 297 -1192
June 19, 1996
A,;
JUN 18 1996
COMMUNITY OEVELOPMEN1
Town of Avon
Community Development Department
ATTN: Karen Griffith
Box 975
Avon, CO. 81620
Dear Karen,
REFER TO
... Eqll�
For Wildlife -
For People
The Colorado Division of Wildlife (CDOW) has reviewed the
annexation and PUD application for Chateau St. Claire and has the
following comments.
On 6/14/96 I spoke with Danny Brose at the site and asked him
about protecting the riparian area, especially the cottonwood
trees. Mr. Brose advised the trees would remain, but pruning was
needed to remove dead branches over the deck area for safety
reasons. Mr. Brose also stated he would like to sit down with the
CDOW to review the tree pruning so as to protect wildlife. No date
was set for this meeting at this time.
Since there are several differences between the submitted
application and recent discussions, the CDOW will comment on the
submitted application. If the application is revised the CDOW
comments and recommendations that no longer apply can be removed.
The CDOW is in agreement with the wildlife report prepared by
Rick Thompson. The CDOW also concurs with the conclusion and
recommendations in the wildlife report. It is the CDOW
understanding that the conclusions and recommendations contained in
the wildlife report will become conditions of the annexation and /or
PUD permit. If this is not the case please advise as this would
change the CDOW's recommendations.
There is a conflict in the protection of the 30 foot setback
in the wildlife report, the environmental impact report (EIR)
hydrologic conditions and the report by Precision Tree Works. The
wildlife report states there is an understanding that a minimum 30
foot setback between Beaver Creek and the development area would be
maintained. The EIR states the 30 foot setback area from the creek
will remain in its natural state.
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director
WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice - Chairman • Arnold Salazar, Secretary
Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member
William R. Hegberg, Member • Mark LeValley, Member
Chateau St. Claire page 2
CDOW Andree June 19, 1996
These directly conflict with the report by Precision Tree
Works which recommends removing 19 Cottonwood trees and removal of
native vegetation to be replaced with sod to the stream edge.
During a site visit on 6/14/96 I was only able to located 10
of the trees scheduled for removal, other trees had tags but the
writing was washed off. of these 10, 5 were located directly on
the bank of Beaver Creek, 3 were located within 25 feet of the
bank, and 2 were located within 30 feet of the bank. Removal of
these trees would have a negative impact on wildlife use of the
riparian area and would negatively impact the aquatic life in
Beaver Creek. Further removal of these trees would be in conflict
with the submitted EIR and wildlife report.
The wildlife report and EIR state there will be a 30 foot
setback between Beaver Creek and the development. While a 30 foot
setback provides some protection, protection of the riparian and
watershed values need additional measures. The current application
shows removal of native riparian vegetation to be replaced with sod
right up to the stream edge.
In order to protect riparian and watershed values there should
be a native riparian buffer between riparian /watershed habitats and
development. Best Management Practices (BMP) in riparian buffer
areas should include: no soil disturbance; no vegetative
disturbance (other than minimal pruning of shrubs and weed
control); no lawn mowing or fertilization; no snow storage areas;
require storm water detention facilities on site before discharging
into waterways.
The application shows rip rap along Beaver Creek south of the
development but does not provide any discussion on the need or if
some is existing and repair is needed.
The CDOW has the following recommendations for the Chateau St.
Claire application.
1) Maintain a minimum of a 30 foot native riparian buffer
zone (stream setback) between development and Beaver
Creek that uses best management practices (see above).
2) Recommendations listed in Rick Thompson's wildlife report
become a part of the mitigation plan.
3) Do not remove the cottonwood trees within the riparian
buffer zone (30 foot stream setback).
Chateau St. Claire
CDOW Andree
Page 3
June 19, 1996
4) Pruning trees within the riparian buffer zone (30 foot
stream setback) is limited to dead limbs for safety
concerns or diseased limbs. Dead limbs that are not a
safety concern provide valuable wildlife habitat.
5) All trash cans and /or dumpsters be a proven bear proof
design.
6) Silt and sediment fences will be installed at the
boundary of development and the 30 foot stream setback.
Karen, the CDOW appreciates the opportunity to comments on
this project. Please contact me at 926 -4424 if you have any
further questions.
sincerely,
Bill Andree
District Wildlife Manager -Vail
Western Ecosystems, Inc.
Ecological Consultants
905 West Coach Road, Boulder, Colorado 80302 (303) 442-
6144
August 19, 2010
Sally Vecchio, Asst. Town Mgr./ Community Development Dir. Email transmittal
Town of Avon
One Lake Street
P.O. Box 975
Avon, Colorado 81620
(970) 748 -4009, svecchio @avon.org
RE: Dog Prohibition at The Gates Residences (formerly Chateau St. Claire) in Avon, CO
Dear Sally,
I write concerning my report entitled "Wildlife Assessment of the Chateau St. Claire Development"
dated April 1, 1996. It has come to my attention that my report may have been used to prohibit dogs
entirely from the property (PUD Ordinance 1998 -06). I offer this clarification because a dog
prohibition was not my intention.
The subject development is not located in important wildlife habitat, although the native habitat to the
south is important elk winter range. I mentioned dogs in only one sentence of my report: "Strict dog
control measures should be implemented and enforced to avoid wildlife harassment and mortality."
This is standard dog control language that I have used for dozens of similar development proposal
assessments in Eagle County. I never intended these "strict controls" to include the prohibition of
dogs from the property. Indeed, dating back to 1986, I don't ever recall the Colorado Division of
Wildlife (CDOW) recommending that dogs be prohibited from residential developments in Eagle
County, including those located in important wildlife habitats where stray dogs would create conflicts
with wildlife. Instead, the planning jurisdiction, its representatives, the property owner, and the HOA
typically develop enforceable covenants so there are no stray dogs originating on the property.
Properly controlled dogs are not a threat to wildlife.
I believe that with the implementation and enforcement of dog control measures, owners of The Gates
Residences could have dogs without threatening wildlife in the surrounding area.
Thank you for your time.
Please call me if you have any questions.
Sincerely,
Rick Thompson
Richard W. Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT /s
Cc: J. Schroder, Real Capital Solutions
TOWN OF AVON, COLORADO V O N
AVON WORK SESSION MEETING FOR TUESDAY, NOVEMBER V, LOU
MEETING BEGINS AT 3 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL 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 TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
3:00 PM — 4:00 PM 1. EXECUTIVE SESSION:
a. Receiving legal advice pursuant to Colorado Revised Statute §24-6 -
402(4)(b) related to pending litigation regarding Town of Avon v Traer
Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v
Town of Avon 2010 CV 316
b. Receiving legal advice pursuant to Colorado Revised Statute 24-6 -
402(4)(b) related to Sherman and Howard
c. Receiving legal advice pursuant to Colorado Revised Statute §24-6 -
402(4)(b) and for developing a strategy for negotiations and instructing
negotiators pursuant to Colorado Revised Statutes §24- 6- 402(4)(d)
regarding Stone Creek Charter School Lease
4:00 PM 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
4:00 PM — 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. Upper Eagle Regional Water Authority Update (Kristi Ferraro, Councilor)
b. Beaver Creek Marketing and Eagle County Airlines Updates (Amy Phillips,
Councilor)
c. Fleet Fuel going Biodiesel (Jenny Strehler, Director PW &T) Update on fleet's
transition to use of biodiesel fuel / MEMO ONLY
d. 2010 Election Results and Outgoing Council Reception Date Discussion
(Patty McKenny, Assistant Town Manager Management Services)
e. Eagle Vail Business District Master Plan Process Update (Sally Vecchio,
Assistant Town Manager Community Development) Review status of planning
process
f. Recreation Center Updates (Danita Chirichillo, Special Events Supervisor):
✓ 2010 Turn Key Events/ Review results from town's turnkey special events
✓ 2011 Quizno's Pro Challenge / Update on new event
4:30 PM — 5:00 PM 4. STONE CREEK CHARTER SCHOOL LEASE AND SWIFT GULCH CONSTRUCTION
DISCUSSION (Larry Brooks, Town Manager) Update on Stone Creek Elementary
School and $7.5M Grant for Bus Facility Improvements at Swift Gulch
5:00 PM 5. ADJOURNMENT
Avon Council Meeting. 10.11.09
Page 1 of 5
Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Jennifer Strehler, Director of Public Works and Transportation
Date: November 9, 2010
Re: Fleet Fuel Going Biodiesel
Summary:
This memo notifies Town Council that the Town facility recently began purchasing
biodiesel fuel for dispense at our Swift Gulch site. Effective immediately, Avon's
diesel product will be 2% biodiesel in the summer and 1% in the winter. Avon will
no longer offer a non - biodiesel fuel. There are no changes to Avon's gasoline fuel
product.
Previous Council Actions:
None
Background:
The Town of Avon manages a fueling facility vehicle and equipment fleet out of the
Swift Gulch site. The Town purchases gasoline and diesel fuel under contract from
a local wholesale supplier. The Town uses this fuel and also sells it to the following
entities: Eagle River Fire Protection District, B.C. Metro District Buses, Eagle County
Ambulance District, Eco Transit, and the ECO Hazmat Team. Outside parties who
purchase fuel are either municipal or quasi - municipal; Avon does not sell fuel to the
general public. Until recently, Avon's fuel supplier did not have access to a
dependable biodiesel blend.
Discussion:
Source fuel for Avon's gasoline and diesel fuel comes from Sinclair Oil Company. Ir
response to federal standards which are forcing all suppliers to move to more
renewable fuels, Sinclair Oil Company decided to replace their No. 2 diesel fuel with
a 2% biodiesel blend. Sources for this particular biodiesel are not known but are
reported by Sinclair Oil to be BQ -9000 certified and meet all ASTM -6751 standards.
Concerns regarding the use of biodiesel in cold climates are well documented. The
°cloud points" of the feedstock oils are generally much higher than that of diesel
Page 1of2
fuel. (Most biodiesel feedstocks include a blend of natural oils from soybean,
canola, palm, rapeseed, and tallow.) For example, soy oil droplets within the
biodiesel mix will start to solidify when fuel temperatures drop below 34 °F. This is
especially problematic - causing fuel filters to plug - for cold -starts on vehicles
stored outside. As a point of comparison, the cloud point of No. 1 diesel fuel is -
41 °F. Related past problems included the lack of federal standards which resulted
in poor product quality and poor blending practices in all climates. Cold weather
still presents a challenge and is the reason that marketed biodiesel mixes are still
quite low in winter climates.
Significant improvements have been made in production of biodiesel in recent
years. Additional chemical processing and the use of additives to biodiesel mixes
have improved product quality.
Federal standards and new testing protocols have been developed that better define
and communicate quality and blending requirements to suppliers.
Summit Stage and the Roaring Fork Transit Authority (RFTA) are both currently
using biodiesel at various times during the year. RFTA uses a 5% biodiesel blend
mix in the winter and a 20% biodiesel blend in the summer. Summit Stage Transit
uses a variety of blends during summer months ranging from 5% in spring and fall
to as high as 20% by July, but did not use biodiesel last winter.
Until further notice, Avon will no longer offer a non - biodiesel fuel. Avon's diesel
supply will be a 50:50 blend of No. 1 diesel plus No 2 biodiesel at 2 %, resulting in a
1% biodiesel blend during winter months. Summer produce will be No 2 biodiesel
at 2 %. Staff does not anticipate problems with these low blends ratios. However,
Avon Fleet mechanics will monitor the situation to determine if any changes in fuel
quality occur. They will also monitor vehicles and equipment to determine if cold
filter plugging problems occur. If significant problems arise, Avon will switch
suppliers or otherwise take corrective action to change to a non - biodiesel fuel
during the winter months.
There are no changes to Avon's gasoline fuel product.
Financial Implications:
None. Given the relatively low biodiesel mix, we do not anticipate any changes in
purchasing practices by Avon's third party fuel users.
Town Manager Comments
Page 2 of 2
MEMO
To: Mayor and Council Members
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Patty McKenny, Assistant Town Manager Management Services
Date: November 4, 2010
Re: 2010 Election Results and Outgoing Council Reception Date Selection
Summary:
The November 2, 2010 general election results are attached as counted by the Eagle County
Clerk's Office. Please note that although the number for write in candidate Paul Siemonsma
indicated unavailable, Teak Simonton noted that as of Thursday, 11/4/10, there were 40 votes
counted for him; she noted that votes cast by provisional ballots had not yet been counted. The
election results will be certified no later than Friday, November 19, 2010. Further updates can
be found on Eagle County's website.
Newly elected Council members will be sworn in Tuesday, November 23, 2010.
There will be some discussion about what date will work for an "outgoing council member
reception" for Mayor Ron Wolfe and Mayor Pro Tern Brian Sipes.
Town Manager Comments:
,"Is
Unofficial Election Results
November 2, 2010
Eagle County, Colorado
Active Registered Voters: 22319
Ballots Cast:
United States Senator
6353
Ken Buck
5932
Michael F. Bennet
7598
Bob Kinsey
399
Maclyn "Mac" Stringer
179
Charley Miller
76
J. Moromisato
24
Jason Napolitano
122
Write In
0
Representative to the 112th United States Congress - District 2
Stephen Bailey
6353
Jared Polis
7130
Curtis Harris
312
Jenna Goss
334
Write In
57
Governor / Lieutenant
Governor
John Hickenlooper /Joseph Garcia
8446
Dan Maes / Tambor Williams
2126
Jaimes Brown / Ken Wyble
144
Tom Tancredo / Pat Miller
3603
Jason R. Clark / Victoria A. Adams
57
Paul Noel Fiorino / Heather A. McKibbin
17
Write In
0
Secretary of State
Scott Gessler 6485
Bernie Buescher 6316
Amanda Campbell 873
Results as of November 4, 2010
Unofficial Election Results
November 2, 2010
Eagle County, Colorado
State Treasurer
Walker Stapleton 6610
Cary Kennedy 6836
Attorney General
Stan Garnett 6417
John Suthers 7018
State Board of Education - Congressional District 2
Angelika Schroeder
Kaye Ferry
6348
7100
Regent of the University of Colorado - At Large
Melissa Hart 5936
Steve Bosley 5985
Jesse B. Wallace 919
State Representative - District 56
Christine Scanlan
Debra Irvine
6097
5455
State Representative - District 61
Luke Korkowski 645
Roger Wilson 1035
Write -In 573
Commissioner - District 3
Claudia Alexander 6201
Sara J. Fisher 7792
Results as of November 4, 2010
Unofficial Election Results
November 2, 2010
Eagle County, Colorado
Clerk and Recorder
Teak J. Simonton 10873
Treasurer
Karen L. Sheaffer 10172
Assessor
Mark D. Chapin 9802
Sheriff
Joseph Hoy 6758
James Van Beek 6629
Surveyor
Dan Corcoran 6599
Ted Archibeque 6440
Results as of November 4, 2010
Coroner
Kara Bettis
10337
Town of Avon - Town Council
Todd Goulding
454
Rich Carroll
506
Dave Dantas
601
Chris Evans
484
Jim Benson
345
Write In
unavailable
Results as of November 4, 2010
Unofficial Election Results
November 2, 2010
Eagle County, Colorado
Retention of Colorado Supreme Court Justices
Yes No
Michael L. Bender 7767 3371
Alex J. Martinez 7561 3536
Nancy E. Rice 7849 3231
Retention of Court of Appeals Judges
Yes
No
Yes
No
Yes
No
Amendment P
Amendment Q
Amendment R
Results as of November 4, 2010
4925
7722
7745
5200
4929
7720
Yes
No
John Daniel Dailey
7932
2887
Richard L. Gabriel
7832
2965
Nancy J. Lichtenstein
7765
2969
David J. Richman
7444
3144
Retention of District Judges - 5th Judicial District
Yes
No
R. Thomas Moorhead
8714
2582
Karen Ann Romeo
8002
2791
Yes
No
Yes
No
Yes
No
Amendment P
Amendment Q
Amendment R
Results as of November 4, 2010
4925
7722
7745
5200
4929
7720
Unofficial Election Results
November 2, 2010
Eagle County, Colorado
Amendment 60
Yes 3805
No 10179
Amendment 61
Yes 4137
No 9933
Amendment 62
Yes 3049
No 10693
Amendment 63
Yes 6086
No 7330
Proposition 101
Yes 4782
No 9183
Proposition 102
Yes 5590
No 7616
Results as of November 4, 2010
Unofficial Election Results
November 2, 2010
Eagle County, Colorado
Eagle County 1A
Yes 4304
No 9485
Eagle County 1 B
Yes 7916
No 6345
Town of Minturn 2A
Yes 123
No 210
Town of Minturn 2B
Yes 134
No 208
West Grand School District No. 1-JT 3A
Yes 2
No 4
Results as of November 4, 2010
Memorandum
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Ass't Town Mgr /Community Development
Date: November 2, 2010
Re: Eagle -Vail Business District Master Plan Process
Summary
The Eagle County Planning Department is undertaking a master planning process for the Eagle -
Vail Commercial Area (EVCA). The visioning process began in July after the County and its
consultants prepared some preliminary data on the existing conditions in the area. Although the
County has invited the Town to participate in the visioning process, this is not an inter -
jurisdictional planning process consistent with the County's Comprehensive Plan policies which
recognize the extra - territorial powers of the Town and promotes cooperative, regional planning "'
The EVCA is a significant business /employment center in the region and therefore, any long -
ranging planning process for the area should include a regional analysis of commercial, housing
and transportation conditions before the visioning process continues. The Town should request
that the County adhere to its Comprehensive Plan policies concerning Extraterritorial and
Cooperative Powers and establish an inter - jurisdictional planning process for this area.
In addition, the EVCA is located within the Town's 3 mile planning area. If the County is
unwilling to establish an inter - jurisdictional planning process, the Town should consider adopting
a Three Mile Plan" which includes the EVAC for the purpose of providing long -range and
strategic planning polices for future growth and possible annexation (Exhibit A- Three Mile
Map).
Background
The EVCA is zoned Commercial General (CG) and is included within the Eagle -Vail
Metropolitan District boundaries. Since the early 1970s, this area has developed into
commercial business district that contributes to the vitality of the regional economy by providing
a unique mix of commercial uses, auto - oriented services and warehousing facilities to this area
of the County. The EVCA is approximately 2 miles east of the Avon Town Center by way of
Highway 6.
To better understand the impact that the EVAC has on the Town's local economy (existing and
future), consider that the EVAC is comprised of more than 338,000 sq ft of mixed use
development on 67 acres with more than 160 businesses including professional office, retail,
service and warehouses. Avon's East Town Center is comprised of 358,000 sq ft of commercial
development and 390 condo units on 14.5 acres. These two commercial districts together have
enough retail /services space to accommodate a market population between 30,000 and 75,000
people in a 3 to 8 mile radius "'. While there are certainly other demographic, market and social
conditions to consider in determining long -range growth policies, the regional impact of new
development in the EVAC is undeniable.
Next Steps in the Process
The County has prepared a community preference survey for the area. The link to the survey
was e- mailed to Council last week. The survey is also available on the County website. A
visioning charette is being planned for sometime later this year.
Recommendation
The EVAC is a vital component of the regional economy, transit system and eco- system. The
area also abuts Avon's SE boundary and is located within the Town's 3 -mile planning area.
Accordingly, the vision, goals and objectives for the EVAC planning area should be developed
within a regional framework, as directed by the both the Town and County's Comprehensive
Plans."
In spite of its policies to encourage cooperative planning in the region, last year the County
rejected the Town's proposal to execute an Intergovernmental Agreement establishing a
cooperative planning process for "areas of influence" adjacent to the Town's existing
boundaries. The Town has therefore, not adopted a Three -Mile Plan and the County is
proceeding with the EVAC visioning work without the benefit of the Town's collaboration.
In light of these circumstances, Staff recommends that the Town Council consider the following:
1. Making a formal request to the County Commissioners to establish an inter -
jurisdictional planning process as recommended by both the Town and County's
comprehensive plans; and
2. Adopting a 3 -Mile Plan (with or without the participation of the County) that provides
long -term, strategic policies for land use and growth within 3 miles of the Town's existing
boundaries. The policies will communicate the Town's long -range vision for regional
growth in the planning area, including land use recommendations for areas of potential
annexation.
3. Authorizing Staff to participate in the County's EVAC planning process for the purpose
of promoting basic planning principals on behalf of the town including the benefits of
regional planning.
Town Manager Comments
,§, 9
Eagle County Comprehensive Plan, Section 3.1.4 Governance Policy G.
" In 1987 the Governor signed legislation (Senate Bill 45) into law requiring that municipalities have a 'Three mile
plan" in place before they could extend their territory by annexation (Section 31- 12- 105(1)(e) CAS). S). A Three Mile
Plan establishes the framework for decisions concerning annexation of land into a municipality. Coupled with
Comprehensive Plan policies, this document will guide future applicants who seek to annex property into a
municipality. This plan communicates a municipality's annexation policies and intentions to interested citizens, public
interest groups and special interest groups.
"' Urban Land Institute, Dollars and Cents of Shopping Centers.
"Avon Comprehensive Plan. Regional Coordination, Policy A.1.1: "Work with Eagle County ... on cooperative
planning efforts, including joint planning agreements to govern review and action on development applications within
Town's 3 mile planning area." Policy B.3.2. Coordinate land use policies and regulations with Eagle County... to
make development more consistent across political boundaries."
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MEMO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: N/A
Approved By: Meryl Jacobs — Director of Recreation and Cultural Services
From: Danita Chirichillo — Special Events Supervisor
Date: November 2, 2010
Re: 2010 Turn Key Events
Summary:
As part of the 2010 special events application process, outside promoters /organizers were
asked to submit an "after action report" at the conclusion of their event. A copy of each
submitted report is attached for your review. Also included is an overall summary rating
each event in terms of its effectiveness in meeting objectives that the department has
established for turn key events held in Harry A. Nottingham Park.
Discussion:
The after action report is designed to assist staff in determining the viability of each event
and to measure its effectiveness in terms of the following:
• Exposure for the Town
• Compatibility with Mission statement
• Economic Impact
• Participation
This is the second year that the Town has required an after action report be completed by
outside event organizers. While outside organizers are still getting used to reporting this
information, staff expects to fine tune this report each year so that we can properly rate
the performance of each event. The accuracy of this report will become essential as we
keep in mind the potential for the park pavilion, the 2015 World Championships and
ancillary events leading up to 2015 as well as the improvements to the mall/Main Street
area.
Staff remains committed to selecting events that are successful and represent the best fit
for our community.
Town Manager Comments:
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AVO N
C O L O R A D O
ATTACHMENT I
Town of Avon - Special Events
After Action Report
The Town of Avon requires that each event promoter granted an approved special event permit
complete the After Action Report. This report is to be submitted in a typed format to the Special
Event Supervisor within 45 days after completion of the event.
Each underlined item should be completed.
Event Introduction: Rocky Mountain Pond Hockey Championships; Youth hockey over Martin Luther
King weekend and Adults play the following weekend.
Overview — Event Stren hs/Weaknesses: Strength of this event is the ability to create a fun "winter trip
to the park" atmosphere for kids and adults through playing hockey. Weaknesses are the dependency on
weather and volunteers to pull off the event over two weekends.
Event Budeet: This event is a fundraiser for Rocky Mountain Pond Hockey (501 -C3) with any proceeds
directed to benefit local youth hockey efforts. No one affiliated with RMPHC receives a paycheck, it is a
strictly volunteer effort. Our goal is to raise $2,000-$5,009 from the even . E enses total approximately
$40,000 of hard and soft dollar contributions.
Use Allocated Funds from TOA: The TOA sets aside $22,000 towards this event, or has in years gpast.
Marketing and Promotional Efforts fattach samples):
Attendance and Demographic Information: This year there were 28 Youth teams playing hockey; 13
of these were from outside Eagle County. There were 24 Adult teams playing; 10 of these were from
outside Eagle County. Additionally, during the Adult Weekend, 24 NHL Alumni from around the
country participated in the event.
The median age of the adults attending the event (Youth & Adult weekends) is estimated t e 45 years of
age. Household income is estimated to be "above average" to "well above average ".
We estimate there were 450 -500 attendees each day of the Youth weekend, and 200 -225 attendees for
each day of the Adult weekend.
Impact on Economy: We project there were 130 room nights for the Youth and 110 for the Adult
weekend. (60 room nights for teams and 50 room nights for the NHL Alumni.) The estimated room rate
is $135 /night for a total lodging number o $32,400.
We estimate the average dollars spent (outside of 1 dging) to be $45 /day for each out of town guest and
$25 /day for each local.
Impact on Sense of Community: Having completed its 4`h year, the RMPHC's have learned how to
stand on our own two skates! The attitude we are trying to present to the participants and spectators alike
is one of inclusion, friendly competition and fun. The Youth weekend was a tremendous success, and
while the weather for the Adults weekend was more of a challenge, the event was enjoyable for just about
everyone (except maybe the chef working the BBQ grill).
We hope the Town of Avon feels as though the RMPHC's contribute to the attraction of visiting Avon
during the winter for out of town guests and locals alike.
Potential for Growth of Event and Sponsorship Revenue: The Youth weekend had over 220 kids
participate as hockey players, with probably the same number of parents, siblings & friends at the event
as spectators. There were approximately 40 -50 volunteers at the Youth weekend. The Adult weekend
had over 72 players and probably 100 spectators and 20 -30 volunteers.
The funds raised from the RMPHC's this year are a little skewed due to the accounting methods applied
to this event. There is an NHL Alumni game played on Friday night prior to the Adult weekend and this
event ended up costing us money, so the overall dollar figure is a loss. However, when the Alumni game
and associated expenses are removed from the "equation ", the event shows a modest profit of
approximately $1,200. One reason this number is low goes back to last year's Adult weekend, the
weekend that was rained out. The RMPH board offered the teams in the 2009 tournament a "half price
refund" or complimentary entry fee into the 2010 tournament. As a result, we did not have very many
teams paying full price to play this year.
The vision we have for the RMPHC's to not to grow this into a HUGE tournament, but one of exclusivity.
What we mean by this is when `Bill" finds out his friend "Tom" and 5 of his buddies are playing in the
Avon tournament, Bill asks Tom "how were you able to get a spot in the tournament? I'm so jealous!"
We realize the event is limited to the available ice the amazing Parks & Rec crew can create out on
Nottingham Lake, so we don't think it wise to try to compete with some of the other Pond Hockey
tournaments out there with hundreds of teams playing.
Did the Attendees Enioy this Event: The 2010 RMPHC's were very much a success! The Youth
weekend had great weather, a lot of fun and a good "vibe ". Nearly half of the teams participating were
from outside of Eagle County and they had a good time, many saying this was the best tournament they
had attended.
The Adult weekend did not have the same spectacular weather as the Youth weekend, nor the same
number of volunteers, but we feel it too was very successful. (Heck, we were happy we didn't get rained
out again.)
Each year we hold this event, we think of different things we can try to do to make the event more
enjoyable for the participants and spectators, less of a burden for the TOA and easier to manage for the
RMPH organizers. We are just a group of hockey parents who want to provide our kids with the
opportunity to skate outdoors and enjoy the game they way we did when we were kids. Or better yet,
give us a chance to be out on the ice and act like a kid again.
ATTACHMENT
Town of Avon - Special Events
After Action Report
The Town of Avon requires that each event promoter granted an approved special event
permit complete the After Action Report. This report is to be submitted in a typed format
to the Special Event Supervisor within 45 days after completion of the event.
Each underlined item should be completed.
Event Introduction: Vail Pet Partners 2010 Doggy Dash
The Doggy Dash is the single annual fundraiser for the non - profit Vail Pet Partners. It
includes a 3mile walk, raffle and contests, and a few booths. Originally scheduled for
June 13th, it was delayed due to the weather. Avon was generously able to let us use the
park again on the morning of June 26th.
Vail Pet Partners is run 100% through volunteer hours, any funds raised go to support and
grow the program. Currently bringing therapy dogs to VVMC, Shaw Cancer Center and
Jacks House, and local elementary schools reading programs; we are also beginning a
program with the local hospice group to bring therapy dogs to families in hospice care.
Overview — Event Strengths/Weaknesses:
Strengths — locals seem to like to have a non - competitive event that they can attend.
People seem to appreciate an activity to do with their dogs. For the 3 years of the event,
we've had fantastic feedback, no issues with the dogs and this year is once again
considered a success even with the challenge of rescheduling (thanks to many businesses
who helped us pull that off, including support from the Town of Avon)
Weakness — Dog Town (vendor booths) isn't very big nor gets much attention —
hopefully we can figure out a way to make that more beneficial to the vendors and the
attendees. As with all outdoor events, Doggy Dash success or failure can be affected by
weather.
Event Budget: $1000 - $1500
Use Allocated Funds from TOA: none
Marketing and Promotional Efforts (attach samples):
Posters, newspaper ads, radio PSAs, bridge banner, emails. Including a PDF of the
poster, from which all advertising is based.
Attendance and Demographic Information:
(In state, out of state, Avon visitors, Avon residents, age median-age, house hold income,
etc.)
Just over 60 dogs, approx 100 people (lighter than expected had the weather cooperated
on the original date). All local — Vail to Gypsum. All age ranges — some bring
family/kids up to older couples with dogs. We don't ask for personal info such as income.
Impact on Economy:
(Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.)
None, however we end right around noon so some may go to local restaurants for lunch.
Dog Town sales are minimal if any so far, so not much sales tax collected.
Impact on Sense of Community:
Potential for Growth of Event and Sponsorship Revenue:
(Number of spectators, number of participants, sponsorship dollars raised, future
potential, etc)
Our goal is to grow the event! Not huge like the Furry Scurry, but believe the event
could have more dogs participating without creating a problem. This year was a `set
back' in that we feel we would have had better attendance if the weather had cooperated
on the original date. (although we were very pleased with what we got on the rescheduled
date considering the number of alternative activities around the Valley that day).
Overall though considered a success, while not financially the exposure for Vail Pet
Partners and the event was successful. People love their dogs and we feel the word is
getting out that this is a fun, friendly event to do with your dog.
As the only fundraiser for Vail Pet Partners, growth of the event is vital to us to attract
sponsorship dollars, We do get some from some supportive local businesses, but haven't
been able to grow that much yet from the first year.
Did the Attendees Enioy this Event:
We believe so, haven't heard anything but positive comments. We were hoping to do a
survey this year, but scrapped it due to the time restriction (cognizant of needing to be off
the field for the lacrosse game). We'll make a survey /prize drawing a part of next year's
event to get some specific feedback.
TOWN OF AVON- SPECIAL EVENTS AFTER ACTION REPORT
• Event Introduction: The Avon Fine Art and Wine Affaire was held July 16, 17 and 18, 2010 at
Nottingham Park in the Town of Avon. Thunderbird Artists produces award - winning events in
Arizona in addition to the shows in Colorado.
Overview - Event Strengths/Weaknesses: This was the 17"' annual fine art event held in the town of
Avon. We actually began 5 years earlier with a couple years break. The recreation department,
especially Danita Chirichillo has been very instrumental in helping our event run smoothly. Joe Histed
parks and facilities superintendent also sees to our physical needs on the grounds. We really enjoy the
event being held in Nottingham Park as the beautiful setting adds to the ambiance of strolling
throughout the show enjoying fine art along with wine tasting of wines from around the world.
Unfortunately, attendance at the 2010 show was significantly down from previous years. This was
primarily due to the date change and going up against an art show the same weekend in Aspen.
Advertising was the same as previous years but attendance was down about 50 %. Thunderbird Artists
is concerned about the number of artists returning next year and we will not compromise the quality of
the show and begin bringing in clothing, hobby and bazaar type articles.
Impact on Economy: This year there were approximately 50 artists and their families in addition to
our staff staying in Avon for four or more days during the show. In the past, we'd have about 80 to
115 artists doing the show and staying in the Town of Avon. Many artists make there home base in
Avon for a month or more as they do weekend shows in the area. They also frequent the local
restaurants, bars, boutiques and shops during their stay. All the artists spent money in Home Depot
and Wal -Mart while in town. Thunderbird Artists also uses local business for signage, copy center
and more. The economic impact on the community has probably gone down somewhat during this
economy but I would imaging it has had a positive impact over the years and would continue with the
returning market. Even though our numbers were down patrons still purchased art and provided sales
tax revenue to the town of Avon. I am not involved with artist's sales so I do not know what that
number is. Patrons continue to rave about our quality and still some that fly in just to see the
Thunderbird Artists.
Impact on Sense of Community: I truly believe the fine arts grew to become an important part of the
Town of Avon over the years. Thunderbird Artists is known for producing the highest quality events
that the public truly enjoys throughout the year. Unfortunately, I believe that after 17 consecutive
years that began about 23 years ago, our event is in jeopardy of retuning to Avon. Years ago, we
moved our event from the Seasons Resort, to a bank parking lot, to Chapel Square and even Wal -Mart
to build our show for the future. Sadly, this year's date change impacted our event drastically. We are
all struggling with the economy but I feel the changing of the date was the most hurtful.
Economic Impact Report —Triple Bypass Ride
An analysis of the economic impacts of the Triple Bypass was prepared by Alem International
Management Inc. representing the Triple Bypass Ride. This report quantifies impacts in terms of
spending in the Town of Avon and identifies the economic contribution.
Team Evergreen is deeply involved in bicycle and community organizations to support and
promote the sport of cycling and the Triple Bypass is the non - profit organization's lead event.
The 2010 Triple Bypass was the 22nd Annual Ride and it continues to thrive in the bicycle
community. The ride is comprised of 3,500 riders yet through its participation and status as
one of the most challenging and exciting rides in Colorado it serves as a stimulus to the Town of
Avon during the month of July. The Town of Avon particularly benefits from the Triple Bypass
ride from a hotel revenue standpoint. In addition, the Triple Bypass brings awareness by
providing positive relationships, identifying partnerships and supporters and offers an
opportunity to recognize those relationships. The Triple Bypass is a player in the local economy
and community as a whole.
The following bullet points highlight findings based on Triple Bypass 2010:
• Approximately 78% of Triple Bypass riders live in Colorado and 2010 was the 22 "d
Annual Ride.
• 3,500 riders for the Triple Bypass registered and approximately 3,000 riders finished in
addition to each rider's support crew.
• According to the 2010 Triple Bypass Rider's survey, approximately 82% of riders and
their support crew secured lodging in Avon or Evergreen.
• Approximately 140 -150 room nights were secured in the Town of Avon in 2010.
• Over $30,000 in room revenue was accounted for based on Alem International's
commission checks
• Over 55% of 2010 riders plan to participate in Triple Bypass in 2011 and over 95% of
volunteers plan to return to volunteer in 2011.
The median household income of the Triple Bypass rider is over $100,000
Additional revenue from local activities, transportation, food, gas and other
miscellaneous expenses are major factors in the overall impact the Triple Bypass has on
the Town of Avon.
Triple Bypass has created an awareness of the Town of Avon community for past several
years.
The Triple Bypass continues to be an extremely successful event, due largely in part to the
relationship with the Town of Avon and the overall experience of concluding the ride in
Nottingham Park. Over 50% of riders rated the Triple Bypass "terrific" which speaks highly of
the Town of Avon and its impact on the ride in general.
C O L O R A D O
ATTACHMENT I
Town of Avon - Special Events
After Action Report
The Town of Avon requires that each event promoter granted an approved special event
permit complete the After Action Report. Each underlined item should be completed.
Event Introduction: XTERRA Beaver Creek, held July 17th 2010
Overview — Event Strenaths/Weaknesses: The event was very successful for it's P
year. The participation numbers grew from approximately 350 participants in 2009 to
over 500 in 2010. The swim in Avon Lake works great for the event and the participants
seem to enjoy the swim venue. We received a very positive overall participant survey
result and the event producers, are very pleased with the race and how well it is supported
by the community.
Event Budget: The event budget is approximately $50,000 and the mostly funded by the
revenues received from the participant entry fees.
Use Allocated Funds from TOA: TOA, up to this point has not allocated any funding to
the XTERRA event.
Marketing and Promotional Efforts (attach samples): XTERRA does most of their
advertising through social media efforts, sports magazine ads, as well as posters, flyers,
etc. Beaver Creek does event specific ads on radio and in news paint.
Attendance and Demographic Information:
(In state, out of state, Avon visitors, Avon residents, age median-age, house hold income,
etc.) Most of the participants for the event come from within Colorado, the majority from
out of town and we also get a number of international competitors competing in the event
as it's part of the XTERRA International Series
0� r ,
Ot ,
Impact on Economy:
(Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.)
Approx. 200 room nights, avg. room rate $150 per night, and avg. of approx. $200 per
person spent in addition to lodging. Due to the nature and format of the event, the
participants typically spend at least one night stay in the valley
Impact on Sense of Community: The community support for this event has grown
substantially each year and the event compliments the health and wellness philosophy
which the valley embraces.
Potential for Growth of Event and Sponsorship Revenue:
(Number of spectators, number of participants, sponsorship dollars raised, future
potential, etc) Spectators grow for this event each year as the participation numbers
increase and the popularity of the event grows. We had approximately 500 paticipants
this year and with the addition of a' /2 marathon and 10 km. trail runs being added for
2011, we could potentially double the numbers that we achieved this year.
Did the Attendees Enioy this Event:
The event has an overwhelmingly positive feed back response and it appears that most
everyone you encounter at the event is enjoying the event, from spectators, participants,
friends and families to local merchants who benefit from the guest in attendance.
ATTACHMENT
Town of Avon - Special Events
After Action Report
The Town of Avon requires that each event promoter granted an approved special event
permit complete the After Action Report. This report is to be submitted in a typed format to
the Special Event Supervisor within 45 days after completion of the event.
Each underlined item should be completed.
Event Introduction:
Angels in Action is the fund raising event held each summer since 2002 for the benefit of the
Crissa Lea Swinford Scholarship Fund ( CLSSF). This fund was established in May, 2001 with the
untimely loss of Crissa at age 25 in a motorcycle accident.
The Swinford Family and many local friends established Angels in Action event as a 5K Family
Fun /Run Walk in Nottingham Park in Avon to raise funds and the net proceeds go to the CLSSF
fund.
With the generous sponsorship of Slifer Smith & Frampton Real Estate each year and many other
local business donations to a silent auction, the proceeds are added to the CLSSF fund. Each
year since 2002 the Swinford Family has issued college scholarships to one or two graduating
Battle Mountain High School senior ladies in amounts ranging from $1,500 to $4,000.
Overview — Event Strengths/Weaknesses:
Strengths: Fun family event with over 30 kids attending with parents. Weaknesses: Silent Auction
items do not receive bids anywhere near their true value. We will study to find items that may fit
the attendees budget and possibly have online bidding next year.
Event Budget:
$2,500.00
Use Allocated Funds from TOA:
No.
Marketing and Promotional Efforts (attach samples):
See attached ad that ran in the Vail Daily.
Attendance and Demographic Information:
(In state, out of state, Avon visitors, Avon residents, age median -age, house hold income, etc.)
Age range: 4 -83 years old. Median maybe 45? Mostly valley locals (95 %) One family from Brazil,
another from New Zealand and 3% front range.
Impact on Economy:
(Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.)
Unknown — but nominal I am sure as most participants are local.
Impact on Sense of Community:
The feedback each year after 8 events is this is the strongest asset.
Potential for Growth of Event and Sponsorship Revenue:
Number of spectators - NA, number of participants - 5 -10% each year, sponsorship dollars raised
- 2010 was 50% of previous years, future potential — Online promo will help and online auction
bidding will be astrong boost.
Did the Attendees Eniov this Event:
Fabulous comments throughout the morning praising the event and "thanking me for the
wonderful way to start their day." (Brazilian guest)
Please acknowledge that each page is satisfactory by initialing: ES
TOA Sponsor Page 17
Page 1 of 3
Danita Chirichillo
From: Francisco Osorio [americancrowncircus @yahoo.com]
Sent: Friday, October 22, 2010 12:08 PM
To: Danita Chirichillo
Subject: Re:
Town of Avon - Special Events After Action Report
Event Introduction:
What: American Crown Circus Event is a three day acrobatic circus.
When: August 13,14 & 15, 2010. Showtimes: 5:00 pm & 7:00 pm daily.
Where: Harry A. Nottingham Park
Overview -Event Strength/Weakness
Strengths: Danita Chirichillo and her staff run a very professional event with her event experience.
Weakness:
Event Budget:
$ 7,300.00
Marketing and Promotional Efforts:
Free Child Tickets: 20,000
Posters: 150
Radio Spots: 35 Spots
Newspaper Ads: 4 -5 ads are run.
W ebsite: Both American Crown Circus and Town of Avon websites.
Attendance and Demographic Information:
Adult: 640
Child: 959
Demographics:
70% Hispanic
10/22/2010
Page 2 of 3
30% Caucasian/Other
Impact on Economy:
This is more of a community event and gear more towards it. We do attract tourist that have children
that stay in the hotels and use the local services.
Impact on Sense of Community:
We speak to the Town of Avon and surrounding area's large Hispanic Community that work in the local
service industry by bring them entertainment that they can understand and appreciate. Our shows are
bilingual and in most Latin American countries circus are consider an art form.
Potential for Growth of Event and Sponsorship Revenue:
Sell Sponsorships of the circus to local businesses for more revenue and to create more excitement
which in return would attract more people to the event.
Did the Attendees enjoy the Event:
Yes, we try to bring something different for the local families.
Leo Osorio
V. President
American Crown Circus, Inc.
Website: cvww.americancrowncircus.com
From: Danita Chirichillo <dchirichillo @avon.org>
To: Leo <americancrowncircus @yahoo.com>
Sent: Thu, October 21, 2010 3:29:08 PM
Subject: RE:
Hi Leo-
That would be great as I have to turn these reports around for a re -cap meeting. I will be available after 10.30 my
time.
Kind Regards;
Danita Chirichillo
Town of Avon
Special Events and Fitness Supervisor
(970) 748 -4032
"Our mission is to bring the community together through comprehensive recreation programs and
services."
10/22/2010
AFTER ACTION REPORT
Bec Tri - Sprint Triathlon
August 8, 2009
Event Introduction:
The Bec Tri is a short sprint triathlon. A typical sprint triathlon consists of a 800 meter swim, 15 km bike, and a 5 k run.
Because the swim is typically the most intimidating part of the race we offer a 400 meter swim. The race is named after
Becky `Bec" Yarberry. The proceeds benefit Cure International, dedicated to medical missions around the world.
Overview: Event Strength/Weaknesses
The race was an overall success with many contributing factors. Each can be reevaluated for a more productive race in the
future. Strengths: community volunteer support, financial support, park venue, run course, race food, and encouragement.
Weaknesses: need more swimmer volunteers for safety, more kayakers needed, better planned awards ceremony, more
directional yard signs/ marking paint on bike course, too much time spent arranging to borrow equipment we could
eventually own.
Event Budget:
The budget this year is $10,335. The income to off set these expenses comes from approximately 50% racer fees and 50%
sponsorship and donations. This year the race raised approximately three thousand dollars for Cure International. All race
staff and volunteers work without financial compensation.
Use Allocated Funds from TOA:
No funds were allocated from the TOA. The Recreation Department volunteered their services. Snow fence, trash cans,
brooms, etc.
Marketing and Promotional Efforts: (Flyer Attached)
Television interviews on local channels TV8 and Plum TV. Radio interview on KZYR The Zephyr. Radio advertisement on
KLove. Newspaper article and advertisement in the Vail Daily. Race website calenders. Mass emails. Local flyers.
Website. Railroad banner.
Attendences and Demographic Info: (Demographic Attached)
Approximately 212 racers and 250 spectators plus 60 volunteers. The racer demographics were approximately 50% male,
50% female; 50% Vail Valley residents, 50% CO or other. The attached registration list does not reflect the racers who
registered the day before/day of the race.
Impact on Economy:
The 450+ people racing and spectating had an immediate impact on the economy. The racers booked about 10 rooms at the
Comfort Hotel. The food for the race was purchased locally. Local Police and State Highway Patrol were hired for traffic
control.
Impact on Sense of Community:
The race wants to be as much of the community as any local event. The volunteers and businesses donating their time and
products to the race bring a feeling of ownership and pride into the race. We hope for continued growth and acceptance with
as little negative impact as possible. The residents are most adversely affected by the slowed traffic due to the race on the
public roads in the morning.
Potential for Growth of Event and Sponsorship Revenue:
The race is probably most limited by the size of the fields available in the Harry A. Nottingham Park. A race could easily
grow to 800 racers. New racers are attracted to the limited size of 250 racers.
In the past two years we were fortunate to have two large sponsors. We have limited marketing exposure and question the
need or ability to grow without assistance. The goal for the first three years is simply survival and quality.
Did the Attendees Enjoy this Event:
Yes, the overall comments were very positive. Constructive criticism was posted by racers on Active.com. The reviews were
overall good but for were not available on the site as of 9/9.
Event Introduction:
The 2010 IronKids Avon triathlon brought over 200 athletes and families to the Heart of the
Valley to enjoy a weekend filled with fun, relaxation and racing. The event took place on
Sunday, July 11 to in Harry H. Nottingham Park and encompassed 2 days of registration, expo,
clinics and race talks. The race began at 7:00 AM and was completed by 11:00 AM.
Overview — Event Strengths/Weaknesses:
The overall event was a major success. The IronKids team was very pleased with the production
and execution of the overall event. It was a pleasure working with the town of Avon and we
hope to continue our great relationship with the city and staff.
The first and major strength of the event was the city staff. The entire team was extremely
helpful and supportive. Danita is wonderful to work with and she is a key component to the
success of the IronKids Avon event. The Parks and Recreation staff was a major help with set-
up and tear down. They were extremely efficient with moving equipment, waste disposal and
overall upkeep of the facilities and park.
The Roads Department, Police and Fire provided excellent support with road closings, safety and
traffic control. With their help, we were able to maintain a safe and efficient bike course for all
athletes and residents of the community. After making a few changes from the previous year, we
were able to inform residents of road closing and proficiently keep cars from the course. The
roads were very well maintained and were swept prior to the event.
Another strength of the event was the flexibility of the staff and residents. We were hoping to
use the lake for the swim portion of the event, however, the weather was uncooperative and we
were forced to use the Recreation Center Pool. This caused the venue layout to change and the
schedule of events to shift. The entire team was able to work together to make necessary
changes and produce a successful race. Even with the major change, the roads were able to be
safely monitored throughout the morning and were opened at approximately the same scheduled
time. .�
e
Some weaknesses of the event include venue set -up and race logistics. We had hoped to set -up � Q1 W v
the transition and finish line on Thursday in the field. When we arrived on site, we were
informed that we were unable to set -up due to a conflicting event in the park that night. As we
move into next year, we'll double check the schedule ahead of time and schedule equipment
`
deliveries accordingly. The IronKids team will also need to secure equipment more efficiently
next year. We lost some major equipment due to wind and rain throughout the weekend. When
we begin set -up for future events, we will store and secure all equipment appropriately
The IronKids team could also improve on race logistics to help make the event better for
spectators and athletes. We will use more cones at key locations and we would like to extend the
bike course turn around portion to a safer location. These changes were suggested by the police
and roads crew during the bike portion on the race. We will also implement more crowd control
barricades to prevent congestion and confusion in the transition area and run course.
Event Budget:
am�Aacl
Use Allocated Funds from TOA:
Marketing and Promotional Efforts (attach samples):
Attendance and Demographic Information:
(In state, out of state, Avon visitors, Avon residents, age median-age, house hold income, etc.)
Total number of athletes - 220
First time participants — 38%
Impact on Economy:
(Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.)
Impact on Sense of Community:
The community of Avon was extremely supportive of the event and the impact it had on race
day. We had over 30 volunteers from the city help on race day with multiple positions, including
tear down and pack up. Many volunteers returned from the previous year and were exceptionally
helpful in the transitions area and registration.
We are extremely grateful to the residents that were impacted by the bike course. Through
careful planning and execution, we were able to communicate the correct message and impact to
residents along the course. We had minimal problems on race morning and we appreciate the
patience and understanding with the event.
The Town of Avon does an outstanding job with promoting the values family values that are
inherent within the IronKids mission. Newspaper, television and radio promoted the event but
also promoted fitness and activity for all family members. They encouraged families to get out
and witness the event, through participation, volunteering or being a spectator.
The IronKids team is particularly impressed by the support and the real feeling of community
throughout the town. All departments systematically worked together to produce a fun, safe and
In state participants — 91 %
Out of state — 9%
Avon residents — 8%
Visitors — 92%
Median age —10 Years old
Demographic — 49% Female
51 % Male
First time participants — 38%
Impact on Economy:
(Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.)
Impact on Sense of Community:
The community of Avon was extremely supportive of the event and the impact it had on race
day. We had over 30 volunteers from the city help on race day with multiple positions, including
tear down and pack up. Many volunteers returned from the previous year and were exceptionally
helpful in the transitions area and registration.
We are extremely grateful to the residents that were impacted by the bike course. Through
careful planning and execution, we were able to communicate the correct message and impact to
residents along the course. We had minimal problems on race morning and we appreciate the
patience and understanding with the event.
The Town of Avon does an outstanding job with promoting the values family values that are
inherent within the IronKids mission. Newspaper, television and radio promoted the event but
also promoted fitness and activity for all family members. They encouraged families to get out
and witness the event, through participation, volunteering or being a spectator.
The IronKids team is particularly impressed by the support and the real feeling of community
throughout the town. All departments systematically worked together to produce a fun, safe and
successful event. Without the help and support of the Town of Avon and the community, the
event would not be possible.
Potential for Growth of Event and Sponsorship Revenue:
(Number of spectators, number of participants, sponsorship dollars raised, future potential, etc)
The average number of adult family members that accompany each IronKids athlete is three.
These numbers are made up of two parents and extended adult family members (aunts & uncles,
grand parents).
Due to the swim venue size we are limited with growth potential if we keep the current road
closure schedule. It is our estimate that athlete numbers exceeding 350 would require extended
road closures.
Road closure hours aside however, the IronKids Avon event has the potential to grow
exponentially. The roads and venue have the ability to accommodate more athletes and
spectators throughout the weekend.
The potential revenue for sponsorship is yet to be fully determined. Although local sponsorship
potential is limited (`sharing (sponsorship) the wealth' with other local events, limited number of
sponsorship doors) there isn't a limit on the state and national sponsorship.
In order to increase to potential for sponsor interest, it is key to increase the number of people
impacted by the IronKids Avon event.
The key growth potential for those numbers would be to add an IronKids running event to the
existing IronKids Avon triathlon event. This event would have a great opportunity for
community involvement all the while driving the IronKids numbers up to entice sponsorship.
IronKids would suggest adding a 1 mile and 5 kilometer race to the same venue as the IronKids
Avon event, hosting both on Sunday, September 4, 2011.
Did the A endees Eniov this vent:
The IronKids Avon triathlon was a great event and we have received lots of positive comments
from athletes and parents. They were overwhelmingly pleased with the safety on the roads and
the beauty of the course. The town of Avon is a great location for the event and families are
excited to return next year to the Heart of the Valley.
MEMO
To:
Thru:
Legal Review:
Approved By:
From:
Date:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
t
N/A "-RA
Meryl Jacobs - Director of Recreation and Cultural Services
Danita Chirichillo - Special Events Supervisor
November 2, 2010
Re: 2011 Quizno's Pro Challenge
Summary:
Through collaborating with the Vail Valley Foundation and the Town of Vail, Avon has
been awarded a stage start for the first annual Quizno's Pro Challenge pro - cycling
competition taking place in Colorado August 22 through August 28, 2011. The Town of
Vail has been awarded a time trial event taking place on Thursday, August 25 followed
by the stage start in Avon on Friday, August 26.
The event organizers hope to reinvigorate the legacy of the Colorado -based Coors Classic
with expectations of the Quizno's Pro Challenge becoming one of the most significant
international pro - cycling events worldwide.
Please see the attached event overview and press release.
Discussion:
The Town of Avon will have one or two staff members on the LOC (local organizing
committee) and/or on the Steering Committee to ensure Avon's best interest, goals and
objectives are being met. The first LOC meeting, release of the course and route details
will be after the first of the year.
Financial Implications:
The 2011 budget includes $4,000 within the special events division to be used as the
LOC directs. In addition, the town will be required to donate in -kind services such as but
not limited to traffic control, streets /roads, police, public works and special events staff
time.
Town Manager Comments:
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VAII,VALIEY
FOUNDATION
For Immediate Release November 4, 2010
Media Contact: John Dakin
(970) 949 -1999
jdakin @vvforg
VAIL AND AVON SELECTED TO BE STAGES OF INAUGURAL OUIZNO'S
PRO CHALLENGE INTERNATIONAL CYCLING EVENT IN AUGUST OF 2011
VAIL, Colorado —Major international road bike racing will return to the Vail Valley
August 25 and 26 as both Vail and Avon have been selected as stage components of the
inaugural Quizno's Pro Challenge cycling event. The announcement came at a press
conference on the steps of the State Capitol in Denver on Thursday, November 4.
Created to be the most challenging pro - cycling race in American history, the Quiznos
Pro Challenge is set to cover nearly 600 miles of the region's demanding terrain.
Vail and Avon will join nine other Colorado cities in hosting the 2011 Quizno's Pro
Challenge, which has been scheduled for August 22 -28. Vail is slated to host a Time
Trial on August 25, while Avon will serve as the start of the stage that will take riders to
Steamboat on August 26. The overall route of the 11 -city inaugural stage race is
expected to be announced in early 2011.
"This is tremendous news for the Vail Valley," explained Ceil Folz, president of the
Vail Valley Foundation. "We have worked extremely hard over the past four years to
help bring a major cycling event back to Colorado and have the Vail Valley included.
We thank our partners in this effort, the Town of Vail and the Town of Avon, and look
forward to working together with all of our community to host two great stages of the
Quiznos Pro Challenge cycling event next summer."
Spearheaded by seven -time Tour de France champion Lance Armstrong and Colorado
Governor Bill Ritter, the Quizno's Pro Challenge was created to revive the legacy of the
Colorado -based Coors International Bicycle Classic. The new race will be similar to the
Coors Classic, with a mix of mountain, sprint and downtown stages.
-- more --
Vail and Avon To Host 2011 Quizno's Pro Challenge Stages
2 -2 -2
In addition to Vail, Avon and Steamboat, other inaugural Quizno's Pro Challenge
cities include Aspen, Breckenridge, Colorado Springs, Crested Butte, Denver, Golden,
Gunnison and Salida. The Vail and Avon stages will be coordinated and hosted by the
Vail Valley Foundation, the Town of Vail and the Town of Avon, along with additional
interested individuals and organizations throughout the valley.
"Vail has a legacy of hosting world class events," offered Vail Mayor Dick
Cleveland, "from international ski and outdoor adventure competitions to renowned
culinary events. Everything we embark on, we do with a commitment to quality and
excellence."
"The acquisition of the Quizno's Pro Challenge is a sensational opportunity for the
Town of Avon and the Vail Valley" added Avon Mayor Ron Wolfe. "Avon offers a
beautiful setting and an ideal venue for a tour of this stature. The Avon community is
delighted to have been selected to host a stage start for this professional cycling tour."
Vail served as the site of annual criterium and time trial races for the Coors Classic
from 1978 -1988. The Coors Classic became the fourth largest cycling event in the world
behind the Vuelta de Espana, Giro d'Italia and Tour de France.
Although professional road cycling left the valley in 1988, the Vail Valley Foundation
brought international mountain bike racing to the valley with the 1992 UCI World Cup
Finals, while also securing the 1994 and 2001 World Mountain Bike Championships. In
between, the valley also played host to five World Cup Mountain Bike events in
anticipation of both World Championships.
The 11 official stage start and finish communities that have been selected for the 2011 race include:
The 2011 Ouiznos Pro Challenge Stages
August 22 — Stage 1, Prologue time trial, Colorado Springs
August 23 —Stage 2, Salida to Crested Butte, mountain -top finish
August 24 —Stage 3, Gunnison to Aspen, mountain stage
August 25 — Stage 4, Vail, time trail, former Coors Classic stage
August 26 — Stage 5, Avon to Steamboat Springs
August 27 — Stage 6, Steamboat Springs to Breckenridge
August 28 — Stage 7, Golden to Denver
- -more-
Vail and Avon To Host 2011 Quizno's Pro Challenge Stages
3 -3 -3
"We are excited to welcome sports fans and the international cycling community to
many of Colorado's most beautiful regions," said Governor Ritter. "The Quiznos Pro
Challenge will provide a majestic tour of many of the state's natural treasures while
becoming the battleground for one of the world's most intense competitions."
To keep in touch with the latest news and updates on the Quiznos Pro Challenge, visit
www.quiznosprochallenize.com.
- -30 --
rd
ff�: hi,
HOST VENUE REQUEST FOR PROPOSAL
Ir
EVENT OVERVIEW
Quiznos, pioneer of the toasted sandwich and one of the nation's premier restaurant chains for sandwiches,
salads and soups, and Lance Armstrong, legendary road - racing cyclist and seven -time Tour de France
champion, today officially announced plans to hold an international pro - cycling competition in Colorado, August
22 -28, 2011. Titled the "Quiznos Pro Challenge ", the race is expected to become one of the most significant
international pro - cycling events worldwide. The event will reinvigorate the legacy of the Colorado -based Coors
International Bicycle Classic, which stood as the pre- eminent international pro - cycling event in North America
from 1979 -1988.
Last year, Armstrong began working with Colorado State Governor Bill Ritter to bring international pro - cycling
back to Colorado. "Lance and I were committed to bringing this stage race to fruition in 2011, and today's
announcement is a great victory for Colorado and the sport of cycling," said Ritter.
In addition to taking a leadership role in planning the Quiznos Pro Challenge, Armstrong is an equity partner in
the event and has confirmed plans to compete. Full details regarding his role will be announced in the coming
weeks.
"I'm very excited about the Quiznos Pro Challenge set for August 2011," said Armstrong. "What started out as a
'daydream' of mine on a long ride outside of Aspen will now become a reality. This race, although new, is
already rich in history as is Colorado's storied cycling background — a perfect way to honor our past champions
and highlight our future ones."
The world's top professional cyclists and teams are expected to compete, including several North American
teams. The seven -day race will likely include a mix of mountainous, sprint and downtown stages, highlighting
the beauty of Colorado and its communities. Current plans would showcase Denver, the Colorado state capital,
as either the start or finish location of the event with other host locations announced at a later date.
The Quiznos Pro Challenge will be sanctioned by USA Cycling and the International Cycling Union (UCI). The
event will be managed by Medalist Sports.
"The Quiznos Pro Challenge is an exciting opportunity to bring the next generation of cycling to life," said
Quiznos Pro Challenge General Manager Joe Moller. "We are looking at the race as an opportunity to introduce
a whole new audience to pro cycling through all the technologies available to us today."
The Quiznos Pro Challenge will utilize a public - private model, joining both the State of Colorado, host cities and
the event's corporate partners to create an incredible professional sporting event, while supporting the Pro
Challenge's other objectives of promoting a healthy lifestyle, educating our youth about health and wellness and
showcasing the beauty of the Colorado.
CYCLING TOUR SUCCESSES AND HIGHLIGHTS
A Since its inception in 2006, the Amgen Tour of California has produced
TburofCafffomia more than 3 million spectators and over $300 million dollar
economic impact.
96556k In just three years, the Tour of Missouri has produced more than 1.3
million spectators and $112.2 million dollars in economic impact.
TOUR 67C,-) In just six years, the Tour de Georgia produced more than 3.2 million
GEORGIA spectators and over $186.6 million dollars in direct economic
Presented byW. aw impact.
`F
O#'du"lztz a
A TOUR BY THE NUMBERS
■ 500,000 to 1 million on -site spectators
rt.,..
■ Over 120 world -class athletes
representing 24+ countries
■ 150 team support personnel
■ Over 600 official staff, utilizing over
400 hotels rooms nightly and 150
vehicles
■ Over 500 credentialed media resulting
in millions of world -wide impressions
■ Over 4,000 total volunteers
CYCLING TOUR STATISTICS
2010 Amgen Tour of California
• Largest annual spectator sporting event in California and largest cycling event in North America with
more than 2 million spectators attending in 2010
• 16 World Class Team with 128 riders representing 24 countries
• Over 3.5 billion on -line, print and television impressions worldwide
• 27 hours of race coverage on Versus
• More than 1,650,000, Unique visitors to the official tour website
• 8,500 Twitter and 10,500 Facebook followers
• More than 760,000 visitors to the on -line Tour Tracker
• 31 minutes average time spent watching tour video on the Tour Tracker
• More than 1,000 person event entourage (including riders, event staff and media)
• More than 5,000 volunteers
• 2010 Amgen Tour of California Champion: Michael Rogers, Team HTC Columbia
• 2010 Overall Team Winner: Garmin Transitions
2009 Tour of Missouri
• 500,000 + spectators over the week
• More than 50,000 pieces of collateral handed out at twelve start and finish sites
• Total Countries viewing live web casts: 168
• National TV viewers: 5.6 million on Versus
• Regional TV viewers on FOX Midwest/KC (nine states), combined daily through 7 days: 1.4 million
• Video News releases viewed: 26 countries (distributed by Reuters TV, AP TV- through Tour)
• Video News Releases on local affiliates in: 12 states
• Total estimated newspaper impressions: 483 million, highlighted with mentions and articles
• Total estimated magazine impressions: est. 5.3 million, highlighted with photos and articles
THE SPORT OF CYCLING
• Cycling is America's largest lifestyle sport with 37 million participants — more than golf, tennis, skiing or
snowboarding.
• Cycling is an important part of a healthy active lifestyle — social, environmentally - friendly and fun.
• The median household income for cyclists is $75,000, about 70% higher than the US average. (75%
are college graduates).
• The total number of cyclists in America is growing at 5% per annum.
• Cyclists and cycling fans spend an average of $2,300 per year on cycling - related travel or vacations
and are disproportionately likely to travel to watch or participate in races and rides.
• Active commuting that incorporates cycling and walking is associated with a reduction in health risk.
• There are more than 5 million who use a bike as their main vehicle for commuting.
• Cyclists spend an average of $3,800 on their road bike.
• The U.S. bicycle industry had $6 billion in sales in 2008.
• The sport of cycling is experiencing unprecedented growth with the popularity of Lance Armstrong.
• Many of the top cyclists in the world are from the United States including George Hincapie, Levi
Leipheimer, Chris Horner, Christian Vande Velde, Dave Zabriskie, Freddie Rodriguez and more.
• There is no better sporting event to showcase a region, reach a broad, active lifestyle audience and
build local awareness than a stage race cycling event.
7
ABOUT THE RACE ORGANIZERS
Now in its 30th year, Denver -based Quiznos is a national chain designed for today's busy consumers who
are looking for a tasty, freshly prepared alternative to traditional fast -food restaurants. Using mostly
premium ingredients, Quiznos' nearly 4,000 restaurants offer creative, chef - inspired recipes for
sandwiches, soups and salads.
CNN Money ranked toasty sub pioneer Quiznos as the No. 2 most popular franchise of the past decade in
2010. In 2009, Quiznos' Toasty Torpedoes earned a spot as one of the top 10 new product introductions
from the Most Memorable New Product Launch Survey. Also in 2009, QSR Magazine ranked Quiznos No.
19 overall in its Top 50 Chains in system -wide sales.
In October 2007, Quiznos was recognized for leading the QSR industry in wait time performance by the
Mystery Shopping Providers Association's (MSPA) 2007 Wait Time Study. In May 2007, Zagat's consumer
surveys listed Quiznos in the top 5 for Top Food, Top Facilities, Top Service and Top Overall, ahead of its
direct competitors. For further information, please visit www.guiznos.com
me alistsP Rrs
Medalist Sports, Inc. located just south of metro Atlanta, is a full - service sports management company with
over 40 years collective experience in the planning, promotion and marketing of sporting and cause -
related events. Medalist is the premiere company managing multi -day, multi - jurisdiction professional
cycling events in North America.
Medalist Sports is currently the event management group for the Amgen Tour of California, USA Cycling
Professional Championships, LIVESTRONG Challenge Series for the Lance Armstrong Foundation, The
Dempsey Challenge presented by AMGEN and Be The Match Foundation's, Be The One Run. For the
Quiznos Pro Challenge, Medalist will run point on the operations, logistics, LOC
development/management, competition and overall production of the Tour, while support the marketing,
public relations and sponsorship functions.
Medalist Sports has organized numerous top international sporting events, including elite cycling events
the Tour de Trump (1989 -90), Tour DuPont (1991 -96), Tour of Missouri (2007 -09), Tour of Georgia (2003-
08), Amgen Tour of California (2006 - present), Tour of Missouri (2007 - present), as well as five Olympics
Games, multiple Olympic Trials and three Goodwill Games.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager _
Approved: Sally Vecchio, Asst. Town Manager — Community Development
From: Justin Hildreth P.E., Town Engineer pie-
Date: November 4, 2010
Re: Update on Stone Creek Elementary School and $75M Grant for Bus Facility
Improvements at Swift Gulch
Summary: The Village (at Avon) dedicated Lot 5, Village (at Avon), a 4 acre site adjacent to
Home Depot, to the Town of Avon (Town) for a public works facility. In 2006, the Avon Town
Council entered into a one -year lease agreement with Stone Creek Elementary School to
occupy Lot 5. Since that time, the lease term has been extended twice to June 30, 2011.
Recently, the Town was notified that it received a $7,500,000 grant from the Federal Transit
Administration (FTA) to improve the Swift Gulch Public Works Facility located at 500 Swift
Gulch Road. Staff is anticipating that the Town will receive an additional grant for the
construction of a bus storage facility at Swift Gulch.
Discussion: The work related to the grant award will require the temporary relocation of all
Public Works operations with the exception of the transit facilities and the fleet maintenance
operations. The only Town -owned property that can accommodate these operations is Lot
5, Village (at Avon). That property is currently occupied by Stone Creek Elementary School.
Therefore, Staff has been looking for other sites to temporarily house the Public Works
operations. One potential site is Lots 1A and 16, Buck Creek PUD, which is on the north side
of Nottingham Road between Swift Gulch Road and Buck Creek Road. The site is 4.3 acres
and large enough to accommodate the Public Works Operations. The Eagle River Fire
Protection District ( ERFPD) owns lot 1A and Tanavon owns Lot 1B.
There will be some additional costs associated with locating at the Buck Creek PUD site that
would not be required on the Lot 5 site. These costs total $289,302 and are summarized in
Exhibit A, including constructing a paved vehicle turn around, screening fence, and utility
taps and services. The utility tap and service are included because they cannot be
transferred to a different property or tap. The Town did pay the utility tap and investment
fees for Lot 5 in 2006 to accommodate construction of the Stone Creek Elementary School.
The ERFPD has requested the Town conduct an Environmental Site Assessment after the
Town vacates the property because oil and fuels will be used on the site, and waive future
building permit fees for the construction of the fire station which is planned to be
constructed on Lot 16. The cost estimate does not include expenses that would be incurred
if the Public Works operations were to occupy Lot 5, such as restrooms or work trailers.
Recommendations: Staff needs direction from Town Council on how to proceed with
negotiations with Stone Creek Elementary School and the preparation of a multi -party
agreement, a preliminary draft is attached as Exhibit B. If Town Council directs Staff to
negotiate a multi -party agreement, the agreement must be executed by February 1, 2011 in
order to meet the projected deadline for the grant. Although the expenses listed in Exhibit A
are not all immediate, the security for them should be rightfully obtained when the
agreement is executed. Staff recommends that Stone Creek Elementary School pay the
additional expenses the Town will incur for the Public Works operations to be located at the
Buck Creek PUD site because they are not eligible for reimbursement as part of the FTA grant
since they cover Public Works operations.
Representatives of Stone Creek Elementary School will be present at the Town Council
meeting to answer any questions regarding its options for relocation of the school.
Town Manager Comments:
Z::��
Attachments:
Exhibit A - List of required improvements in order for Lots 1A and 1B, Buck Creek P.U.D.
be used as the Public Works facility temporary staging site.
Exhibit B - Preliminary Draft, Multi -Party Lease Agreement
EXHIBIT A
List of required improvements in order for Lots 1A and 1 B, Buck Creek P.U.D. be used as the
Public Works facility temporary staging site.
Columnl
6" Gravel for Parking Lot
Quantity
971
Ton
25
$
24,286
Site Grading
2000
CY
3
$
6,000
6" Asphalt Turnaround
180
Ton
95
$
17,100
Sewer Service
1
unit
3200
$
3,200
Sewer Tap (0.75 ")
1
unit
10180
$
10,180
Water Tap (0.75 ")
1
unit
11900
$
11,900
Electrical
1
LS
15000
$
15,000
Plant Investment Fee
1
LS
7254
$
7,254
Town of Avon Tap Fee
1
LS
6000
$
6,000
Screen Fence
700
FT
40
$
28,000
Remove Gravel
971
Ton
15
$
14,571
Site Revegetation
91476
FT2
0.25
$
22,869
Erosion Control
15000
LS
1
$
15,000
Construction Subtotal
$
181,360
200A Contingency
$
36,272
Building Permit Fees
1
LS
56670
$
56,670
Phase II ESA
1
LS
15000
$
15,000
Total
$
289,302
Transformer is being installed as part of public infrastructure
EXHIBIT B
PRELIMINARY DRAFT
MULTI -PARTY LEASE AGREEMENT
This Multi -Party Lease Agreement ( "Agreement') is entered into on November
, 2010 by and between the Town of Avon, a Colorado Home Rule municipal
corporation ( "Avon "), Stone Creek Charter School ( "SCCS "), Eagle River Fire
Protection District ( "ERFPD "), and Tanavon Corporation ( "Tanavon ").
RECITALS
SCCS desires to extend the current lease for Lot 5, Filing 1, Village at Avon Final
Plat ( "Lot 5 ") for the next several years. Avon needs to use approximately four acres
of land for staging purposes for restoration and improvements to the Swift Gulch
public works facility and the construction of a regional bus maintenance facility. In
the interest of promoting the public good and well -being of the Avon community,
ERFPD and Tanavon are willing to lease land to Avon to provide a substitute public
works staging area located on the Buck Creek -PUD property ('Buck Creek Site ").
SCCS is willing to pay funds to Avon to improve the Buck Creek Site as required to
provide a substitute public works staging area with similar utilities, access, grading
and other related characteristics as exist on Lot 5.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. ERFPRD Lease: On or before February 1, 2011, ERFPD agrees to execute the
lease for Lot 1A, Final Plat, Buck Creek PUD ( "Lot 1A"), to Avon as set forth in
Exhibit A: Avon -ERFPD Lease attached to this Agreement. [Term of lease to
expire August 31, 2013].
2. Tanavon Lease: On or before February 1, 2011, Tanavon agrees to execute the
lease for Lot 1 B, Final Plat, Buck Creek PUD ( "Lot 1 B "), to Avon as set forth in
Exhibit B: Avon - Tanavon Lease attached to this Agreement. The Avon -ERFPD
Lease and Avon -Oscar Lease shall collectively provide the Buck Creek Site as a
substitute public work staging site. [NOTE. Both leases will contain provisions which
state that Avon shall accept the responsibility and cost of cleaning up the sites at the
end of the lease. Also, both leases will contain provisions that allow the
improvements identified in Exhibit D to be installed. Term of lease to expire August
31, 2013.]
3. Lot 5 Lease Extension: On or before February 1, 2011 Avon agrees to execute
and extend the SCCS lease for Lot 5, Filing 1, Village (at Avon) Final Plat until July
31, 2013, as such lease extension is set forth in Exhibit C: Stone Creek Charter
School Lease Extension attached to this Agreement.
4. SCCS Funding Obligation: On or before February 1, 2011, SCCS agrees to
pay good and sufficient funds to Avon which shall be exclusively used for required
public improvements to the Buck Creek Site for use by Avon, reimbursement for
waiver of future building permits required by ERFPD on Lot 1A, environmental
investigation and remediation of the Lot 1A and Lot 1B, (estimated to be
$282,302.00) as set forth in Exhibit D: Required Improvements to Buck Creek
Site and Cost Estimates attached to this Agreement.
5. Release and Waiver of Taps: Upon expiration of the leases for Lot 1A and Lot
1 B, Avon agrees to waive and release any rights to the water and sewer taps as
such have been installed to benefit Lot 1A and /or Lot 1 B. [NOTE. • The location and
definition of the lot or lots benefitted and served by the water and sewer tap must be
further defined.]
6. Mutual Closing: The execution of all leases, reimbursement agreement and
other documents and the payment of funds by SCCS to Avon shall occur at a mutual
closing ( "Mutual Closing ") at a time and place to be mutually agreed.
7. Failure of Consideration: The failure of any party to execute a required
document or pay required funds described in this Agreement at the Mutual Closing
shall result in a failure of consideration; in which case, this Agreement shall
automatically terminate and all executed documents shall become null and void, and
all funds received shall be returned.
Town of Avon
By:
Brian Sipes, Mayor Pro-Tem
Stone Creek Charter School
Eagle River Fire Protection District
By:
Tanavon Corporation
Attest:
Patty McKenny, Town Clerk
Attest:
Attest:
By: Attest: