TC Minutes 01-09-1990MINUTES OF THE REGULAR TOWN COUNCIL MEETING HELD
JANUARY 9, 1990 AT 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon, Colorado,
was held.in the Municipal Building, 400 Benchmark Road, Avon, Colorado,
in the Council Chambers.
,.The meeting was,called to order by Mayor Allan Nottingham at 7:40 p.m:.
A.roll-call-,was taken with David Garton,-Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Jerry Davis.present. Also present were
Town Attorney John Dunn, Town Manager Bill James, Director of
Engineering Norm Wood, Police Chief Art Dalton,, Fire Chief-Charles
Moore'-Town Clerk Patricia J. Doyle, as well as members of the press
and.public.
Valerie Smith approached the Council. Ms. Smith gave a brief -presentation
of the Public Relations preliminary plan for Avon. She recommended
that a quarterly newsletter be published and mailed to all the
businesses in.Avon. The newsletter would include Town news,, a calendar
of upcoming.events. She also suggested that the Town Council meet
with the local business people, and meet with the press. It was
suggested thata budget be worked up. Ms. Smith indicated that she
would~work'between 20 to 25 hours per week.
Councilman-Davis suggested that.the sales tax be published and, from
a image standpoint, some story ideas, such'as, housing authority, water
issues, Master Plan,'Trailer Park, Special Events, the history of
the Town of Avon, etc.
The Town Council agreed and felt the Public Relations coverage was a
good idea.
There being no further Citizen Input, the Mayor closed:.- that portion-
of the agenda.
Second reading of Ordinance No. 89-15, Series of 1989, AN ORDINANCE
AMENDING ORDINANCE NO. 89-12 RELATING'TO CHAPTER 3.12 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON AS IT PERTAINS TO EXEMPTIONS FROM THE REAL
PROPERTY TRANSFER TAX.
Bill'James stated that Council directed staff to take a look at
alternative methods for the exemption of transfer tax for Affordable`
Housing. The current ordinance was developed on the basis of $120,000
exemption on the Town's 2% transfer tax, if the property was owner-
occupied by the owner for one year. Ordinance No. 89-15 exempts
$80,000.
After some discussion, Councilman Stovall moved to table Ordinance
No. 89-15, Series of 1989 until the next regular meeting so that
further review could be done. The motion was seconded by Council-
woman McRory and was unanimously carried.
Councilman Davis noted that the first ordinance (89-12), the-home-could
not cost more than $120,000, and the amended ordinance (89-15) allowed
the $80,000 exemption which meant, that the buyer of a $120,000 home
would pay the 2% on $40,000 and the $80,000 would be exempt. -
Resolution No. 90-1
BUDGET FOR THE TOWN
ON THE FIRST DAY OF
DECEMBER, 1990.
This resolution ally
Housing Authority.
Fund.
Series of 1990, A RESOLUTION AMENDING THE 1990
OF AVON, COLORADO, FOR THE CALENDAR YEAR,BEGINNING
JANUARY, 1990, AND ENDING ON THE LAST-DAY OF
Dwed the establishment of $50,000 budget for the
The funds would be taken out of the Public Works
Councilman Davis suggested that the Council take a look at,other
things that the Town could.do in addition to creating the Housing
Authority so as to entice private sector to build housing, such as,
waiving tap fees, waiving construction permits and building permits.
Councilman Garton stated that the private sector would start competing
with the public sector, and felt it was not-feasible. He stated
there was a chance that the Benchmark Mobile Home Park would become
Affordable Housing, and a chance that, at some point of time, Peregrine
would come on line. He stated that those two private endeavors would
be competing for the governmental affordable housing endeavor. He
stated that if those private sectors were going full speed on the
affordable housing, should the Town of Avon put this endeavor on the
back burner.
The Mayor stated that the private sector was a long way down the road, -
and felt that the Town's small effort in the beginning would not interfere
with the private sector.
Councilman Stovall stated that with a developer just recently, they
were building affordable housing and then the greed factor set in and
the project did not become affordable housing any longer. He stated
that Avon has to look at the long range, that Avon has a housing
problem and its not going to go away.
Councilman Reynolds moved approval of Resolution N0. 90-1, Series of
1990. The motion was seconded by Councilman Davis and was unanimously
carried.
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0.
The joint meeting with the County Commissioners, Beaver Creek Metropolitan
District and the Avon Town Council had been changed to January 31,
1990 at 12:00 noon at the Charter in the Parker Room.
Next on the agenda was the Intergovernmental Agreement between Eagle
County, Town-of Vail and the Town of Avon. This Agreement was in
regard to the Berry Creek 5th Filing.
Mr. Dunn reviewed the changes in the Agreement with the Council.'
Page 1, in the recitals, C. After the word "Town", add, "of Vail".
Page 2, paragraph 7, third line, after the word, "Berry Creek", add,
"or", paragraph 8, nineth line, change to read, "to.the time of
purchase by-the County. If the Town of Vail purchases the Berry Creek
`parcel or the Berry Creek and Miller parcels with cash on hand rather
than borrowed funds, the County shall purchase the property-from the
town of Vail for the Berry Creek parcel or Berry Creek and Miller
parcels and interest thereon at the rate of eight and one-half-percent
interest (8.5%) per annum until the time of purchase by the County"'.
Page 3, paragraph D, fifth line, change to read, "by the Town-of Avon,
or the County".
Page 4, paragraph 10, fourth line, change to read, "in addition, the
Town of Vail shall have*the right to sell the property if it determines,
in its sole discretion, such sale is appropriate, during any period
of time it is the sole owner of the property-including the period
of-time prior to the election or after the election, notwithstanding the
right to purchase shares of the Berry Creek parcel or Berry Creek and
Miller parcels given the County and the Town of Avon in paragraph 9
of this Agreement".
Paragraph 11', seventh line, after the-word "election", change to read,
"or petition for inclusion in any special district", 10th line, after'
the word "owners", change to read, "to recommend to the owners and the
owners may".
Paragraph 12, third line, after the word "costs", change to read,
"which are in addition to the costs set forth in paragraph 5 of this
Agreement". Subsection A, second line, after the word "exceed", add,
"six thousand five hundred dollars ($6,500)". Subsection B, second line,
after.the word "exceed", add, "two thousand dollars ($2,000)", Subsection
C, Second line, after the word "exceed", add "fifteen thousand dollars
($15,000)".
Page 5, third line from the top, after the word "fees", change to read,
"expended by all the parties".'
Councilman Garton moved approval of the Agreement subject to modification
of the Agreement.
Discussion followed.
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Councilman Garton amended his motion to approve the Agreement subject
to'the change in paragraph two to include, that if Avon has submitted
funds into the parcel that the terms and conditions have to be
acceptable=to the Town of Avon, and in paragraph,10, that if Vail
sells the property prior to the election, Avon is requiring that their
monies be returned. Councilman Davis amended his second and was carried
with Councilman Stovall opposing to the extent that he would like to
review the Agreement before it was executed.
The main motion was unanimously carried.(See Agreement attached to these
minutes).-
The"Agreement between the Avon Metropolitan District and the Town
of Avon was next-oh'the agenda. Mr. James stated that the Town
of Avon was providing certain services to the Avon Metropolitan
District. He stated there were two changes to this Agreement.
1. page 2. Services will be rendered relating to operation and
maintenance of the District's water distribution system including
=but'not limited to preventative maintenance and repair of all
components of that'system,"maintenance of fire hydrants, meter reading
and water billing and collection, provision of water shut-offs,
.inspection of new_connection,.provision.of routine engineering
services and provision of monthly operations reports.
2. page 3. Compensation. For services provided under this Agreement',
the District shall pay to the Town $53,452.00 per year, payable in
twelve"equal monthly payments for,services rendered during each
.calendar year plus direct costs such as-mileage, printing and postage
and the cost of replacement parts and supplies relating to the water
distribution system.
Councilwoman McRory moved approval of the Agreement between Avon
Metropolitan District and the Town of Avon. The motion was seconded
by Councilman Garton and was unanimously carried.
The public swimming area regulations.,were next presented to the Council.
Mr. Brooks stated that during recent discussions of the 1990 public
improvements projects, several questions arose around the possibility
of creating a beach area on the north side of Nottingham Lake.-
Three questions arose:
1. Health Department regulations applying to the public swimming in
the lake.
2. Design scenario to control the potential sediment loading of the
lake by the sand used on the beach; and
3. Cost of such a project.
Lengthly discussion followed.
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Councilman Davis stated his vision was more of a beach than swimming,
possibly volley ball, and the sand on the beach instead in the water.
He would like to go forward with this project. He felt it was a
natural attraction that would add to the activity-level in the park.
The range would be 200 feet long and the shore line around 50 feet:
The cost of the maintenance would be minimal.
It was the consensus of the Council to proceed.
The Transportation Study for Eagle County was discussed.
Mr. Brooks stated that the Transportation Committee had reviewed the
proposals for studies to conduct a system analysis of the Eagle
County Express. He stated as a result of the Committee's recommendation,
the Commissioners approved a $15,000 study to be done by "Dave Systems".
(the current transportation system). The Town of Avon was being asked
to contribute $5,000 to the County for this study.
Councilman Davis moved to support the study and approved the expenditure
of $5,000 for the study. The motion was seconded by Councilman Bennett'
and was unanimously carried.
Next on the agenda was a Resident Firefighter Tuition discussion.
Mr. James stated that this was a fire department item. He stated that
over the years up to 1990, the fire department re-endorsed the
resident program, that they be trained, and go to classes at the
Community College. The trainees were reimbursed for attending school,
they would have free lodging, as well as promoting compensation. It
was the consensus to return this program back into the 1990 budget.
Mr. James was recommending a budget bf'$10,000(20 residents at $500 each)
This amount would purchase tuition for the fire science and required
classes for a degree, at the Community College.
Councilman Davis moved to amend the Fire Department budget
$10,000 for Resident Firefighter Tuition. The motion was
Councilman Bennett and was unanimously carried.
Next on the agenda was a recommendation for fire services
Mr. James stated that there was $15,000 budgeted under the
budget. He stated that there were two budgets;
1. Was that the Town share in the costs and;
2. A budget that the Town not share in the costs. In the
the Town share'in the costs for an independent evaluation
Town's fire services. The evaluation would consist of;
by
seconded by
evaluation.
Town's
$15,000 budget,
of the
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manpower, fire prevention-services, emergency medical services,
equipment, false alarms, cost distribution,:land alternatives to
funding.,and training. Mr. James stated that he had put together a
list of consultants, they.would narrow the list to about three
candidates, invite a Councilperson, and also representative from each
district to select this consultant.
The Council agreed to proceed.
Charlie Moore, Fire Chief reviewed the outline of the scope of work
that he was recommending for the consultant.
Next on the agenda was the change in police department request for
police vehicles.
Police Chief Art Dalton stated that he had,received the bid on the
Jeep Cherokees, and it was considerably lower than the Cheverolet
Caprice full size vehicles. He stated as an off set to the $1,800
per vehicle it was anticipated the sale of existing trade vehicles
at approximately $3,000 to $4,000, bring the cost of the 4-wheel drive
Jeeps within a cost effective range. Chief Dalton requested that the
department purchase three 1990 Jeep Cherokee 4 door 4-wheel drive
vehicles at the additional cost of $5,200 to the 1990 budget for the
police department.
Councilman Garton moved to authorize amending the police department
budget in-the amount of $5,200. The motion was seconded by Councilman
Reynolds and was unanimously.carried.
Mr. James stated that the Town had received a request from.Battle
Mountain High School in'reggard to their Close-up Program. The program
reflects,the"belief that a "close-up" look at our government encourages
students to formulate their own ideas and opinions. Mr. Conrad Parra
was requesting financial assistance for the students. The total cost
for.,each student-for the week's program including travel, room and
board,_is $945.00. .Each student has paid an initial deposit of $50.00,
leaving a balance of $895.00.
After some discussion, Councilman Davis moved approval of the
expenditure'of $895.00 for the funding of one student for the trip
to Washington D.C.. The motion was seconded by Councilman Reynolds
and was unanimously carried.
John Dunn requested that the Town Council consider an increase of his
hourly rate from $100 to $110.
Councilman Garton moved to approve
hourly rate from $100 to $110.' The
Davis and was unanimously carried.
the increase of the Town Attorney's
motion was seconded by Councilman
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The Mayor discussed and reviewed three legislative bills that would
be coming before the legislation~-this year. The Annexation bill,.
the Urban Renewal bill, and the bill for impact fees. He-asked that
the Council review these bills, and possibly have discussion on these
at the next meeting.
He also indicated that there were two Colorado Municipal League work
shops coming up. January 28 and February 8th, 1990. He stated.that-
he would like'to see more councilmembers attending these work shops
and meetings.
The Financial Matters were next presented'to the Council..
Councilwoman McRory moved to receive items #1 through #9. The motion
was seconded by Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for January 9, 1990. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory moved.approval of the Reconciliation Sheet of
Accounts Payable for.January 9, 1990. The motion was seconded by
Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the December 12, 1989 Council.
Meeting Minutes as presented. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the Special Council Meeting'of
January 2, 1990 as presented. The motion was seconded by Councilman
Reynolds and was unanimously carried.
Mr. James requested that the Town Council review the Housing Authority
packet of rules and regulations. This would be placed on the agenda
of the next meeting. He stated that the Housing Authority meetings
would be set up on the fourth Tuesday of each month at 7:00 p.m..
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Mr. James-reviewed the proposed Business License Fees Analysis with
the Town-Council. He stated that'this item would be placed on the
January 23, 1990 agenda.
Councilman Bennett stated that VRA was contemplating a name change,
that would accurately.reflect,its service area. He suggested-that
the Council study this matter and possibly have some suggestions
for a name.
There being no further business to come before the Council, Councilman
Garton moved to adjourn.into executive-.session:.- The-motion.was seconded
by,Cotncilman Bennett. The meeting was adjourned by Mayor Nottingham
at 9:45 p.m.
The Town Council retired into executive session.
RFS ~PCTFULL TTED :
a
Clerk
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1GJ~0.C',/cCt~GP ~
s
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE
AND
TOWN OF AVON
AND
TOWN OF VAIL
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of
19 , by and between the County of Eagle, State of
Colorado, a body corporate and politic, by and through its Board of County
Commissioners, hereinafter referred to as the."County;" and the Town of Vail, State
of Colorado, a municipal corporation, by and through its Town Council; and the Town
of Avon, State of Colorado, a municipal corporation,, by and through its Town
Council.
RECITALS
A. The Town of Vail intends to use its best efforts to purchase the parcel of
land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more
specifically described in Exhibit A attached hereto and by this reference made a
part hereof ("Berry Creek parcel").
B. In addition, the Town may, use its best efforts to purchase the parcel of
land commonly referred to as the'Miller Ranch located near Edwards, Colorado, and
more specifically described in Exhibit B attached hereto and by this reference made
a part hereof ("Miller parcel").
C. Should the Town of Vail obtain title to the Berry Creek parcel,- the Town
wishes to sell and the County wishes to purchase the Berry Creek parcel under the
terms and conditions set forth in this Agreement.
D. Should the Town obtain title to the Berry Creek parcel and the Miller
parcel, the Town wishes to sell and the County wishes to purchase both the Berry
Creek and the Miller parcels under the terms and conditions set forth in this
Agreement.
E. This Intergovernmental Agreement is authorized pursuant to Section
29-1-201, et seq., C.R.S.
Now, therefore, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
1. The Town of Vail agrees to use its best efforts to-purchase the Berry Creek
parcel upon terms and conditions acceptable to the Town of Vail.
2. The Town of Vail may use its best efforts.to acquire the Miller parcel upon
terms and conditions acceptable to the Town of Vail.
3. The County shall hire bond counsel and a financial consultant to provide
consultation to the parties relating to ti►e financing of the Berry Creek and/or
Miller parcels and shall hire a planner-to give advice to the parties regarding the
planning and development of either the Berry Creek parcel or the Berry Creek and
Miller parcels for recreation and employee housing.
4. The Town of Vail shall hire the services of special real estate counsel to
provide consultation to the parties regarding the acquisition of the Berry Creek
parcel or the Berry Creek and Miller parcels.
5. The parties agree to equally share the costs of the consultants described
in paragraphs 3 and 4 up to the following maximum amounts:
Bond counsel and financial consultant - $15,000
Land use planner - $7,500
Real estate.counsel - $15,000
6. The County shall hold an election in the spring of 1990 ("the election") to
place the issue before the registered voters of Eagle County of whether or not to
increase the County general fund mill levy i►► a sufficient amount for the County to
purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is
applicable, and to develop either the Berry Creek parcel or the Berry Creek and
Miller parcels for the purposes of employee/affordable housing and recreation.
7. The County, the Town of Avon, and the Town of Vail agree to cooperate in
presenting and-explaining the need and rationale for the purchase of the Berry Creek
oar Berry Creek and Miller parcels and for their future development as
employee/affordable housing and recreation.
8. If at the election, the registered voters of Eagle County approve an
increase in the County general fund mill levy in a sufficient amount for the County
to purchase the property and develop the property for employee/affordable housing
and recreational purposes, the County shall purchase the property from the Town of
Vail for a purchase price equal to the price paid by the Town of Vail for the Berry
Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g.,
loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail
to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller
parcels to the time of_purchase by-the_County. If the Town of Vail purchases the
no, mixiamma
Berry Creek parcel or ti►e Berry Creek and Miller parcels with cash on hand rather
than borrowed funds, the County shall purchase the property form the Town of Vail
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for a purchase price equal to the price paid by the Town of Vail for the Berry Creek
parcel or Berry Creek and Miller arcels and interest thereon at the rate of eight
and one-half percent interest (8.5%) per annum until the time of purchase by the
County. NUMMM
9. If at the election, the registered voters of Eagle County do not approve an
increase in the County general fund mill levy in a sufficient amount for the County
to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop
the property for employee/affordable housing and recreational purposes, then the
County shall have no obligation to purchase the Berry Creek parcel or the Berry
Creek and Miller parcels, from the Town of Vail. However, the County and the Town
of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and
Miller parcels, whichever is applicable, as follows:
A. If either the County or the Town of'Avon wish to purchase the property
without contribution from or participation by the other, then the purchasing
government shall be obligated to purchase a fifty percent (50%) interest in the
property as a tenant-in-common.
B. If both the County and the Town of Avon wish to purchase interests in
the property, they shall be obligated to purchase a one-third (1/3) interest each as
a tenant-in-common.
C. The purchase price to the Town of Avon or the County shall be the
appropriate percentage of all costs and expenses the Town of Vail has expended in
the purchase, development, and maintenance of the property up to the date and time
of purchase, including by way of illustration and not limitation, purchase price,
development costs, all fees paid to design and planning consultants and special
legal, counsels subsequent to the election, costs of planning, designing, and
constructing any improvements on the property, and all finance carrying costs (e.g.,
loan fees, debt service, etc.).
D. If the Town of Avon or the County wish to purchase a share in the
property as set forth in this paragraph, they shall do so within five (5) years of
the date of the certification of the results of the election, and shall provide the
Town of Vail with written notice expressing their intention to do so no later than
sixty (60) days prior to the date-of-the--closing of the purchase by the Town of Avon
or the County. Should the Town of Avon or the County fail to purchase any interest
in the property within five (5) years of the date of the certification of the
election results, the.right to do so shall immediately terminate.
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10. During any period of time the Town of Vail is the sole owner of the
property, it may make all decisions regarding the property, including by
illustration and not limitation, financing, maintenance, and development, which it
in its sole discretion deems proper. In addition, the Town of Vail shall have the
right to sell the property if it deteFmines in iLs sole discretior, such sale is
appropriate, during any period of ti;rie it is the sole owner of the property
including the period of time prior to the election or after the election,'
MM"W""M
notwithstanding the right to purchase shares of the Berry Creek parcel or Berry
Creek and Mi Her parcels given the County and the Town, of Avon in paragraph 9 of
this Agreei;ent.
11. Ill the event the Berry Creek parcel is o,ined by more than one (1)
government, each owner will appoint two (2) representatives to form a committee to
manage and develop the property. No owner shall pledge, sign, or otherwise transfer
or convey its interest in the property wi~thout the expressed written consent of all
the other owners. No owner shall have the riyit of partition unless otherwise
mutually agreed to by all owners. No owner shall have the right to sign any
peLiLion for ail annexation or an annexation election 0 tiLiori for inclusion in
any special district without Lhe.inuLuai conseni. of all the owners. Ilse committee
shall establish bylaws for the management and development of the property and shall
have the right, if they deem it in the best interest of the owners, to recoimiiend to
the owners and the owners may take all steps necessary to establish a separate
entity for the ownership, ma►iagement, and development of the property. In tiie event
the members of the committee fail to agree as to any question affecting the Berry
Creek parcel, the question immediately be submitted for a joint determination by the,
governing bodies of all owners.
i
12. In the event the voters fail Lo approve an increase in the mill levy to 1
purchase the Berry Creek parcel, the parties agree to share equally tiie following
costs which are in addition to the costs set forth in ar•a ra It 5 of this Agreement;:
A. A bond counsel fee as compensation for providing services directly
related to the mill levy election in an amount trot to exceed six thousand five. 1
hundred dollars
($6,500).
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B. A financial advisor fee as compensation for providing advice directly '
related to the mill levy election in an amount not to exceed two thousand dollars
($2.,000).
C. The costs of holding a mill levy election in an amount not to exceed
fifteen thousand dollars ($15,000).
1
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If the registered voters of Eagle County approve an increase in the mill levy for
the purchase and development of the Berry Creek parcel, then all consultation fees
,expended by all the parties which have been set forth in this Agreement, including.
bond counsel and financial consultants, planner, and real estate counsel fees are
set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set
forth in paragraph 12, as well as the cost of the holding of the election shall be
paid from the proceeds of the mill levy increase.
13: This Agreement does not and shall not be deemed to confer upon nor grant to
any third party any rights to claim damages or to bring any lawsuit, action or other
proceedings against either the Town of Vail, the Town of Avon, or the County because
of any breach hereof or because of any terms, covenants, agreements, or conditions
contained herein.
14. Except as specifically provided otherwise herein, no modification or waiver
t
of this Agreement or of any covenant, condition, or provision herein contained shall
be valid unless in writing and duly executed by the party to be charged therewith.
15. This written Agreement embodies the whole agreement between the parties
hereto and there are no inducements, promises, terms', conditions, or obligations
made or entered into either by the County, the Town of Avon, or the Town of Vail,
other than those contained herein.
16. This Agreement shall be binding upon the respective parties hereto, their
successors or assigns, and may not be assigned by any party without the prior
written consent of the other respective parties hereto.
17. All agreements and covenants herein are severable, and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement or covenant were not
contained herein.
18.. The Town of Avon, the Town of Vail, and the County each individually
represent.,,to each other that it possesses the legal ability to enter into this
Agreement. In the event that a court of competent jurisdiction determines that
either of the parties hereto did not possess the legal ability to enter into this
Agreement, this Agreement shall be considered null and void as of the date of such
court determination.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
day of 19
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through-Its BOARD OF COUNTY
COMMISSIONERS
By: By.
Johnette Phillips, County Clerk Donald H. Welch, Chairman
P. 0. Box 850
Eagle, CO 81631
(303) 949-5257
TOWN OF VAIL, STATE OF COLORADO, By
ATTEST: and Through Its Town Council
By- By:
Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor
75 S. Frontage Road West
Vail, CO 81657
(303) 479-2100
ATTEST:
TOWN OF AVON, STATE OF COLORADO, By
and Through Its Town Council
By: By.
Patricia J. Doyle, Town Clerk Allan Nottingham, Mayor
P. 0. Box 975
Avon, CO 81620
(303) 949-4280
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EXHIBIT A Page 1 of 2
Berry Creek 5th Fil.i.na
PARCEL, A
A parcel of land located in the W. 1/2 of Section 4 and the
NE 1/4 of Section 5, Township 5 South, Range 82 West of the
Sixth Principal Meridian, Cour►ty of Eagle, State of Colorado.
More particularly described as follows:
B~yinning at a point- on the southerly right-of-way for
Interstate Highway 7U from which the northwest corner of said
Section 4 bears, N. 30 degrees 37'20"W. 2103.11 feet; thence S.
58 degrees 13'30"E. along the I-7U right-of-way line 318.5.9
feet; thence departing from the 1-70 right--of-way S. 41 degrees
58'43"W. 141.00 feet; thence S. 48 degrees 01'17"E. 150.00
feet; thence N. 41 degrees 58'43"E. 150.00 feet to a point on
the I-7U right-of-way; thence continuing along the I-70
right-of-way 128.41 feet along the arc of a non-tangent curve to
the right having a radius of 2126.80 feet whose chord bears S.
44 degrees 56'4"2"E. 128.39 feet; continuing along said
right-of-way line, S. 40 degrees 41'30"E. 289.10 feet,
continuing along said right-of-way line, S. 39 degrees-28'00"g;-T.-__
296.10 feet; contit►uinq along said right-of-way S. 43 degrees
53'30"1:". 366.70 feet; c ontinuin,'.t along the are of a tangent
curve to the left 540.5U feet havirig a radius of 1787.00 feet,
whose Chord bears S. 54 degrees 15'22"E. 538.45 feet to a point
on the east line of the SW 1/4 Section 4; Lhence daparting from
the Interstate 70 right-of-way and continuing along the east
line of the SW 1/4 Section 4,S. 01 degrees 23'01"W. 1372.38 feet
to a point on the northerly rictl►t-of-W-ay of the Denver and Rio
Grande Western Railroad; continuing along said right-of-way
72.81 feet along the are of a non-tangent curve to the left
having a radius of 1810.00 feet whose chord bears N. 67 degrees
23'40"W. 72.80 feet; Lhenc_e continuing along said right-of-way
N. 66 degrees 14'31"W. 1553.35 feet; continuing along said
right-of-way N. 89 degrees 44'20"w. 121.64 feet; continuing
along said right-of-way 1671.11 feet along the arc of a
non-tangent curve to the right having a radius of 1860.00 feet
whose e:hord bears N. 38 degrees 11'59"W. 1615.47 feet;
continuing along said riyht-of-way N. 12 degrees 27'40"W. 171.74
feet; continuing along said right-of-way N. 01 degrees
25'33"E. 130.18 feet; continuing along the said right-of-way N.
15 degrees 23'59"11. 299.69 feet to a point on the easterly side
of the State Highway No. 6 access road right-of-way; thence
continuing along the access road right-of-way N. 77 degrees
39'01"E. 16.50 feet; continuing along said right-of-way N. 73
degrees 27'30"E. 220.57 feet; continuing along said
right-of-way 141.69 feet along the arc of a tangent curve to the
left having a radius of 577.50 feet whose chord bears N. 58
degrees 37'18"E. 141.34 feet; thence deprting from the access
road right-of-way S. 55 degrees 16'12"E. 400.00 feet; thence N.
35 degrees 17'28"E. 480.81 feet; thence N. 70 degrees 21100"W.
285.47 feet; thence N. 86 degrees 45'00"W. 148.20 feet to a
point on the State Highway No. 6 access road right-,of-way;
thence N. 25 degrees 27'30"E. 27.00 feet to a point on the
Interstate 70 right-of-way; thence along the Interstate 70
right-of-way S. 86 degrees 45'00"E. 141.60 feet; thence
continuing along said right-of-way S. 70 degrees 21'00"E. 550.20
feet, to the point of beginning.
9 0
EXHIBIT A Page 2 of 2
Berry Creek 5th Filing
PARCEL B
A parcel of land located in the northwest quarter of the
southwest quarter of Section 4, Township 5 South, Range 82 West
of the Sixth Principal Meridian, Eagle County, Colorado, more
particularly described as follows:
Beginning at a point on the west line of Section 4 from
which the southwest corner of the NW 1/4, SW 1/4 of Section 4
bears S. 01 degrees 25'33"W. 254.00 feet; thence along the west
line of Section 4 N. 01 degrees 25'33"E. 802.17 feet to a point
on the southerly right-of-way of the Denver Rio Grande and
Western Railroad; thence departing from the west line of
Section 4 and continuing along the railroad right-of-way along a
curve to the left an are length of 1378.34 feet, having a
radius of 1960.00 feet, a central angle of 40 degrees 17'33" and
a chord bearing S. 38 degrees 17'02"E. 1350.12 feet to a point
of the south line of the NW 1/4, SW 1/4 Section 4; thence
departing from the railroad right-of-way and continuing along
the south line- of-the-NW -114 -SW--1/4 -N-: - 89 degrees
322.76 feet to the centerline of the Eagle River; thence
departing from the south line of the NW 1/4 SW 1/4 and
continuing along the centerline of the Eagle River the following
four (4) courses:
1)
N. 10
degrees
44'
20"W.
123.00
feet;
2)
N. 62
degrees
28'
45"W.
181.07
feet;
3)
N. 87
degrees
55'
51"W.
209.11
feet;
4)
N. 72
degrees
34'
27"W.
148.00
feet;
to the point of beginning.
Page 1 of 3
EXHIBIT B
Miller Parcel
PARCEL A:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3 AND THE
SOUTH 1/2 OF SECTION 41 TOWNSIIIP,4 SOUTH , RANGE 82 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF THE
DENVER AND RIO GRANDE WESTERN RAILROAD AND ON THE WESTERLY LINE
OF SECTION 3 FROM WHICH THE SOUTHWEST CORNER OF SECTION 3 BEARS
SOUTH 01 DEGREES 25 MINUTES 43 WEST 688.56 FEET; THENCE
DEPARTING FROM THE WEST LINE OF SECTION 3 AND CONTINUING ALONG
THE NORTHERLY RIGHT OF WAY OF THE DENVER A21D RIO GRANDE
RAILROAD RIGHT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS
EAST 122.10 FEET; THENCE ALONG A CURVE TO THE LEFT AN ARC
LENGTH OF 568.60 FEET, WITH A RADIUS OF 2764.79 FEET AND A
CENTRAL ANGLE OF 11 DEGREES 47 MI14UTES 00 SECONDS; THENCE NORTH
74 DEGREES 50 MINUTES 36 SECONDS EAST 2110.57 FEET TO A POINT
ON THE EAST LINE OF THE WEST 1/2 OF SECTION 3; THENCE ALONG THE
CENTER SECTION LINE SOUTH 00 DEGREES 45 MINUTES 59SE_CONDS_WEST--
47.32 FEET; THENCE DEPARTING--FROM THE CEt1TER SECTIOIJ LINE NORTH
74 DEGREES 48 MINUTES 41 SECONDS EAST 207.34 FEET; THENCE ALONG
A CURVE TO THE RIGHT AN ARC LENGTH OF 95.33 FEET HAVING A
RADIUS OF 1482.60 FEET AND A CENTRAL ANGLE OF 03 DEGREES 41
MINUTES 02 SECONDS TO A POINT COMV4011 TO THE NORTHERLY RIGHT OF
WAY OF THE DENVER AND RIO GRANDE RAILP,OAD,AND THE SOUTHERLY
RIGHT OF WAY OF INTERSTATE 70 ; THENCE DEPARTING FROM THE
RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE INTERSTATE 70
RIGHT OF WAY SOUTH 88 DEGREES 26 MINUTES 31 SECONDS WEST 703.20
FEET; THENCE SOUTH 84 DEGREES 37 MINUTES 31 SECONDS WEST 300.70
FEET; THENCE NORTH 64 DEGREES 59 MINUTES 29 SECONDS WEST 111.80
FEET; THENCE SOU'T'H 88 DEGREES 26 MINUTES 31 SECONDS WEST 700.00
FEET THENCE SOUTH 78 DEGREES 59 MINUTES 01 SECONDS WEST 304.10
FEET; THENCE NORTH 87 DEGREES 57 MINUTES 59 SECONDS WEST 893.80
FEET; TIIE14CE NORTH 87 DEGREES 57 MINUTES 59 SECONDS WEST 153.50
FEET; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 501.48
FEET HAVING A RADIUS OF 2441.80 FEET AND A CENTRAL ANGLE 11
DEGREES 46 MINUTES 01 SECONDS; THENCE NORTH 73 DEGREES 33
MINUTES 29 SECONDS WEST 309.80 FEET; THENCE NORTH 73 DEGREES 20
MINUTES 29 SECONDS WEST 1363.20 FEET; THENCE NORTH 66 DEGREES
18 MINUTES 29 SECONDS WEST 367.60; THENCE ALONG A CURVE TO THE
RIGHT All ARC LE14GTH OF 103.37 FEET WITH A RADIUS OF 1787.00
FEET AND A CENTRAL AIJGLE OF 3 DEGREES 18 MINUTES 52 SECONDS TO
THE WEST LINE OF THE EAST 1/2 OF SECTION 4; THENCE DEPARTING
FROM THE INTERSTATE 70 RIGHT OF WAY AND CONTINUING ALONG THE
CENTER SECTION LINE SOUTH 01 DEGREES 23 I-1IIILTTES 01 SECO14DS WEST
211.79 FEET; THENCE DEPARTING FROM THE CENTER SECTION LINE
SOUTH 64 DEGREES 06 MINUTES 54 SECONDS EAST 76.53 FEET; THENCE
SOUTH 07 DEGREES 54 MINUTES 43 SECONDS WEST 1109.48
FEET; THENCE ALONG A CURVE TO THE LEFT AIJ ARC LENGTH OF 60.70
FEET WITH A RADIUS OF 1809.86 FEET AND A CENTRAL ANGLE OF 1
DEGREES 55 MINUTES 18 SECONDS TO A POINT ON THE WEST LINE of
THE EAST 1/2 OF SECTION 4; THENCE ALONG THE CENTER SECTION LINE
SOUTH 01 DEGREES 23 MINUTES 01 SECONDS WEST 53.27 FEET TO A
POINT ON THE NORTHERLY RIGHT OF WAY OF THE DENVER AND RIO
GRANDE WESTERN RAILROAD RIGHT OF WAY; THENCE DEPARTING FROM THE
,CENTER SECTION LINE A.ND CONTINUING ALONG THE NORTHERLY RAILROAD
RIGHT OF WAY ALONG A CURVE TO THE LEFT All ARC LENGTH OF 800.23
FEET WITH A RADIUS OF 1859.86 FEET AND A CENTRAL ANGLE OF 24
DEGREES 39 MINUTES 08 SECONDS; THENCE NORTH 86 DEGREES 37
MINUTES 36 SECONDS EAST 1917.70 FEET; TO A POINT ON THE EAST
LINE OF SECTION 4; THENCE CONTINUING ALONG THE SECTION LINE AND
THE RAILROAD RIGHT OF WAY NORTH 01 DEGREES 25 MINUTES 43
SECONDS EAST 50.18 FEET TO'THE POINT OF BEGINNING.
9 0
EXHIBIT B
Miller Parcel
Page 2 of 3
EXCEPTING THEREFROM THE "SHANNON TRACT" LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 4 A14D THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 5 SOUTH, PAITGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO, MORF, PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINIIING AT A BRASS CAP FROM WHICH THE SOUTHEAST CORNER OF
SECTION 4 BEARS SOUTH 01 DEGREES 29 MINUTES 05 SECONDS WEST
1041.07 FEET; THENCE SOU1111 89 DEGREES 31 MINUTES 21 SECONDS
WEST 59.50 FEET TO A BRASS CAP; THENCE 14ORTII 02 DEGREES 13
MINUTES 18 SECONDS EAST 60.02 FEET TO A BRASS CAP; THENCE SOU'T'H
89 DEGREES 42 MINUTES 26 SECONDS WEST 59.33 FEET TO A BRASS
CAP; THENCE SOUTH 02 DEGREES 04 M114UTES 06 SECONDS EAST 59.82
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE "CEMETERY" LOCATED IN THE
SOU'T'HWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 5 SOUTH, RA14GE 82 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A FENCE -CORNER -FROM_=WHICH THE SOUTHEAST CORNER OF
SECTION 4 BEARS SOUTH 01 DEGREES 22 MINUTES 18 SECONDS WEST
915.23 FEET; THENCE ALONG A FENCE LINE NORTH 02 DEGREES 25
MINUTES 52 SECONDS EAST 402.43 FEET TO A FENCE CORNER; THENCE
SOUTH 88 DEGREES 08 MINUTES 44 SECO14DS EAST 110.78 FEET TO A
FENCE CORNER; THENCE SOUTH 02 DEGREES 21 M114UTES 29 SECONDS
WEST 399.34 FEET TO A FENCE CORIIER; TIIE14CE NORTH 89 DEGREES 43
MINUTES 58 SECONDS WEST 111.36 FEE'T' TO THE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4,
TOWNSHIP 5 SOUTH, RANGE 82. WEST OF THE SIXTH PRINCIPAL
MERIDIA11, EAGLE COUNTY., COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT 014 THE SOUTH LINE OF SECTIO14 4 FROM WHICH
THE SOUTH QUARTER CORNER OF SECTION 4 BEARS NORTH 89 DEGREES 39
MINUTES 48 SECONDS WEST 176.00 FEET; T11E1•ICE NORTH 01 DEGREES 23
MINUTES 01 SECONDS EAST 473.04 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD; THENCE
ALONG THE RAILROAD RIGHT OF WAY ALONG A CURVE TO THE LEFT AN
ARC.LENGTH OF 623.91 FEET WITH A RADIUS OF 1954.86 FEET AND A
CENTRAL AIIGLE CF 18 DEGREES 14 MINUTES 23 SECONDS; THENCE NORTH
86 DEGREES 37 MINUTES 36 SECONDS EAST 705.28 FEET; THENCE
DEPARTING FROM THE RAILROAD RIGHT OF WAY SOUTH 03 DEGREES 19
MINUTES 24 SECONDS EAST 460.97 FEET TO THE SOUTH LINE OF
SECTION 4; THENCE AL014G THE SOUTH LINE OF SECTIO14 4 NORTH 89
DEGREES 39 MINUTES 48 SECONDS WEST 1360.38 FEET TO THE POINT OF
BEGINNING.
PARCEL C:
A PARCEL OF LA1ID LOCATED IN THE SOUTH 1/2 OF SECTION 4,
TOWNSHIP 5 SOUTH, RA14CE 82 WEST OF THE 6T11 PRINCIPAL MERIDIAN,
EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST.LINE OF SECTION 4 ON THE SOUTH
BANK OF THE EAGLE RIVER FROM WHICH THE SOUTHEAST CORNER OF
SECTION 4 BEARS SOUTH 01 DEGREES 25 MINUTES 43 SECONDS WEST
372.44 FEET; THENCE ALONG THE SOUTH BANK OF THE EAGLE RIVER
NORTH 74 DEGREES 05 MINUTES 00 SECONDS WEST 133.64 FEET; THENCE
SOUTH 86 DEGREES 20 MINUTES 00 SECONDS WEST 119.00 FEET; THENCE
SOUTH 64 DEGREES 45 MINUTES 00 SECONDS WEST 321.40 FEET; THENCE
0
EXHIBIT B
Miller Parcel
•
Page 3 of 3
DEPARTING FROM THE SOUTH BANK OF THE EAGLE RIVER NORTH 21
DEGREES 10 MINUTES 24 SECONDS WEST 75.00 FEET; THENCE SOUTH 74
DEGREES 58 MINUTES 36 SECONDS WEST 159.94 FEET; THENCE NORTH 14
DEGREES 29 MINUTES 24 SECONDS WEST 110.20 FEET; THENCE NORTH 77
DEGREES 17 MINUTES 36 SECONDS EAST 149.00 FEET; THENCE NORTH 20
DEGREES 37 MINUTES 24 SECONDS WEST 73.10 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN
RAILROAD; THENCE ALONG THE RAILROAD RIGHT OF WAY NORTH 86
DEGREES 37 MINUTES 36 SECONDS EAST 632.72 FEET TO A POINT ON
THE EAST LINE OF SECTION 4; THENCE DEPARTING FROM THE RAILROAD
RIGHT OF WAY AND CONTINUING ALONG THE EAST LINE OF SECTION 4
SOUTH 01 DEGREES 25 MINUTES 43 SECONDS WEST 165.59 FEET TO THE
POINT OF BEGINNING.
PARCEL D:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT'A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE
DENVER AND RIO GRANDE WESTERN RAILROAD AND ON THE NORTH BANK OF
THE EAGLE RIVER FROM WHICH THE SOUTHWEST CORNER OF SECTION 3
BEARS SOUTH 10 DEGREES 23 MINUTES 36 SECONDS WEST 500.52
FEET; THENCE ALONG THE RAILROAD RIGHT OF WAY NORTH 86 DEGREES
37 MINUTES 36 SECONDS EAST 60.63 FEET; THENCE ALONG A CURVE TO
THE LEFT AN ARC LENGTH OF 609.73 FEET WITH A RADIUS OF 29,64.79
FEET AND A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES 00
SECONDS; THENCE NORTH 74 DEGREES 50 MINUTES 36 SECONDS EAST
2053:52 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST 1/4
SECTION 3; THENCE ALONG THE CENTER SECTION LINE NORTH 00
DEGREES 45 MINUTES 59 SECONDS EAST 56.65 FEET; THENCE DEPARTING
FROM THE CENTER SECTION LINE AND CONTINUING ALONG THE RAILROAD
RIGHT OF WAY NORTH 74 DEGREES 48 MINUTES 41 SECONDS EAST 235.93
FEET; THENCE ALONG A CURVE TO THE, RIGHT AN ARC LENGTH OF 444.01
FEET, WITH A RADIUS OF 1382.60 FEET AND A CENTRAL ANGLE OF 18
DEGREES 24 MINUTES 00 SECONDS; THENCE ALONG A CURVE TO THE
RIGHT AN ARC LENGTH OF 382.47 FEET, WITH A RADIUS OF 5679.70
FEET AND A CENTRAL ANGLE OF 03 DEGREES 51 MINUTES 30
SECONDS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF
319.35 FEET WITH A RADIUS OF 905.40 FEET AND A CENTRAL ANGLE OF
!0 DEGREES 12 MINUTES 33 SECONDS TO A POINT ON THE WEST LINE OF
THE EAST 1/2 SOUTHEAST 1/4 SECTION 3; THENCE DEPARTING FROM THE
RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE*WEST LINE OF THE
EAST 1/2 SOUTHEAST 1/4 SECTION 3 SOUTH 00 DEGREES 27 MINUTES 59
SECONDS WEST 72.00 FEET TO THE NORTH BANK OF THE EAGLE
RIVER; THENCE DEPARTING FROM THE WEST LINE OF THE EAST 1/2
SOUTHEAST 1/4 SECTION 3 AND CONTINUING ALONG THE NORTH BANK OF
THE EAGLE RIVER NORTH 59 DEGREES 45 MINUTES 46 SECONDS WEST
193.28 FEET; THENCE NORTH 80,DEGREES 17 MINUTES 43 SECONDS WEST
196.15 FEET; THENCE SOUTH 85 DEGREES 22 MINUTES 49 SECONDS WEST
411.02 FEET; THENCE SOUTH 68 DEGREES 55 MINUTES 22 SECONDS WEST
254.10 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 32 SECONDS WEST
102.36 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 44 SECONDS WEST
28.27 FEET; THENCE SOUTH 55 DEGREES 44 MINUTES 10 SECONDS WEST
55.99 FEET; THENCE NORTH 84 DEGREES 59 MINUTES 43 SECONDS WEST
32.05 FEET; THENCE SOUTH 75 DEGREES 38 MINUTES 23 SECONDS WEST
44:81 FEET; THENCE SOUTH 60 DEGREES 24 MINUTES 08 SECONDS WEST
42.07 FEET; THENCE NORTH 79 DEGREES 56 MINUTES 14 SECONDS WEST
17.17 FEET; THENCE SOUTH 86 DEGREES 49 MINUTES 25 SECONDS WEST
42.25 FEET; THENCE SOUTH 71 DEGREES 36 MINUTES 56 SECONDS WEST
32.12 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 32 SECONDS WEST
32.04 FEET TO THE POINT OF BEGINNING.