TC Res. No. 2004-17 APPROVING FINAL PLAT ANDTOWN OF AVON, COLORADO
RESOLUTION NO. 04-17
Series of 2004
A RESOLUTION APPROVING FINAL PLAT AND
SUBDIVISION IMPROVEMENTS AGREEMENT FOR
THE VILLAGE (at Avon) FILING 3, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek-RP LLC, the owner of the applicable portion of The
Village (at Avon) has filed a Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado for approval in
accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, on April 27, 2004, the Town held a public hearing at which it
received evidence and testimony concerning the Preliminary Plan for The Village (at
Avon) Filing 3, at the conclusion of which the Town Council considered such evidence
and testimony and approved the Preliminary Plan by adoption of Resolution 04-15; and
WHEREAS, the Final Plat is in general conformance with the Preliminary Plan as
approved by Resolution No. 04-15; and
WHEREAS, the Final Plat is subject to the terms and conditions of the
Annexation and Development Agreement dated October 13, 1998 and any amendments
or modifications thereto; and
WHEREAS, the Final Plat is subject to the terms and conditions of the P.U.D.
Guide and P.U.D. Development / Sketch Plan dated October 13, 1998 and any
amendments or modifications thereto; and
WHEREAS, the attached Subdivision Improvements Agreement provides for the
construction of the public improvements required for development of The Village (at
Avon) Filing 3 Subdivision and the securities to assure completion of the public
improvements as required by Section 16.24. 100 of the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 3 is
in general conformance with the Preliminary Plan as approved by Town of Avon
Resolution No. 04-15 and other applicable development laws, regulations and policies of
the Town of Avon and hereby approves the same subject to completion of technical
corrections as identified by Town Staff and the submission to and acceptance by, the
Town of Avon, of the following items prior t6recording of the Final Plat and Subdivision
Improvements Agreement:
A. Copy of "Resolution of Traer Creek Metropolitan District Regarding Appropriation
of Funds Under Subdivision Improvements Agreement" as duly adopted and executed
by District Board of Directors (Subdivision Improvements Agreement Exhibit C); and
B. Construction plans, specifications and related documents for construction of
public improvements as identified in Subdivision Improvements Agreement Exhibits A
and, B as amended to address technical corrections identified by Town Staff; and
C. Addition of drainage easements and stream setbacks to Final Plat, in accordance
with Town of Avon Subdivision Regulations.
ADOPTED THIS a5"- DAY OF MAY, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Ma r
ATTEST:
Mc-
Pa M enny, S E A to
To rk -
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Resolution No. 04-17 Final Plat Filing 3 V@A _ ,
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TOWN OF AVON, COLORADO
ORDINANCE NO. 04-17
SERIES OF 2004
AN ORDINANCE APPROVING THE THIRD AMENDMENT (THE `THIRD
AMENDMENT") TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR
THE VILLAGE (AT AVON) DATED AS OF OCTOBER 13,1998, AND RECORDED ON
NOVEMBER 25, 1998, AT RECEPTION NO. 677743, AS AMENDED BY THE FIRST
AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT DATED AS
OF NOVEMBER 13, 2001, AND RECORDED ON DECEMBER 12, 2001, AT
RECEPTION NO. 779049, AND THE SECOND AMENDMENT TO ANNEXATION AND
DEVELOPMENT AGREEMENT DATED AS OF MAY 27, 2003, AND RECORDED ON
JULY 30, 2003, AT RECEPTION NO. 842248 (AS SO AMENDED, THE
"DEVELOPMENT AGREEMENT"); AND AUTHORIZING AND INSTRUCTING THE
MAYOR OF THE TOWN TO SIGN THE THIRD AMENDMENT ON BEHALF OF THE
TOWN.
WHEREAS, the Town of Avon (the "Town") and Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado (the "District"),
and Traer Creek LLC, a Colorado limited liability company, EMD Limited Liability Company, a
Colorado limited liability company (collectively, the "Owner), have negotiated the terms and
conditions of the Third Amendment, which is attached hereto as Exhibit "A" and incorporated
herein; and
WHEREAS, the Town gave proper and timely posted notice of the dates and times of the
meetings at which the Town Council considered the Third Amendment; and
WHEREAS, the proposed full text of this Ordinance was duly published by posting in the
office of the Town Clerk and in three (3) additional public places within the Town, and said
publication also set forth the date and time of the public hearing at which the Town Council
considered the Third Amendment; and
WHEREAS, approval of the Third Amendment is in the best interests of the public
health, safety and general welfare of the people of the Town; and
WHEREAS, the Town Council held a public hearing concerning the Third Amendment,
and by this Ordinance sets forth its findings and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS AND
CONCLUSIONS:
1. The Third Amendment complies with all applicable laws and regulations of the
State of Colorado and the Town, including, without limitation, Article 68 of
Title 24, C.R.S.
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2. All notices required for the public hearing at which the Town Council considered
the Third Amendment were properly and timely published, posted or mailed in
accordance with all applicable laws and regulations of the State of Colorado and
the Town.
3. The public hearing held on the Third Amendment was conducted in accordance
with all applicable laws and regulations of the State of Colorado and the Town.
4. The Town has authority to enter into the Third Amendment pursuant to
Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14.100
of the Avon Municipal Code.
5. Pursuant to Section 24-68-103(1), C.R.S., approval of the Third Amendment will
not restrict, impair, enlarge, or otherwise modify either the term or the scope of
the vested property rights associated with the Development Agreement.
6. The Town's approval of and entering into the Third Amendment is in the best
interests of the public health, safety and general welfare of the people of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO,
A. The Third Amendment 'is hereby approved, and the Town shall enter into
it and perform its obligations.
B. The Mayor of the Town is hereby directed to sign the Third Amendment
on behalf of the Town.
C. Within fourteen (14) days after passage on Second Reading of this
Ordinance, the Town Clerk is hereby authorized and directed to publish
the full text of this Ordinance in a newspaper of general circulation within
the Town.
The effective date of this Ordinance shall be seven (7) days after publication of the notice
described in Section C above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
PUBLISHED this 12th day of October, 2004, and a public hearing on this Ordinance shall be
held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 26th day
of October, 2004, at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon,
Colorado.
Town of Avon, Colorado
Town Council
o
Albert D. Reynolds, Ma~or
ATTEST:
I 901429
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Patty c enny, T~5 Clerk Teak J Simonton Eagle, co 289 R 61.00 0 0.00
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED THIS A;!N DAY OF ech:~9E?- , 2004.
Town of Avon, Colorado
Town Council
Od 4w~--&g
Albert D. Reynolds, Ma r
ATTEST:
/ 1, at~vI t 1 G j•'~iL
Patty MbKenny, PYo Clerk
APPROVED AS TO FORM:
Jo W. Dunn, Town Attorney
EXHIBIT "A'
THIRD AMENDMENT -
TO ANNEXATION AND DEVELOPMENT AGREEMENT
This THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT (this "Third Amendment") is made as, of 0-IRr_?_a(_-o , 2004, by and
between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD
LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), and the
-TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town")., RECITALS
A. Traer and EMD (collectively, "Owner") and the Town have previously executed
that certain First Amendment to Annexation and Development Agreement dated as of November
13, 2001, and recorded in the Eagle County, Colorado, real property records at Reception
No. 779049. on December 10, 2001 (the "First Amendment"), and that certain Second
Amendment to Annexation and Development Agreement dated as of May 27, 2003 (the "Second
Amendment"), which instruments amended that certain Annexation and Development
Agreement dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real
property records at-Reception No. 677743 on November 25, 1998 (the "Original Agreement").
The Original Agreement, as so amended, is referred to in this Third Amendment as the
"Agreement."
B. The Agreement pertains to certain real property generally known as The. Village
(at Avon), and more particularly described in Exhibit A attached to the Agreement (the
"Property")
C: Section 1.4 of the Agreement provides, inter alia, that 'amendments to the
Agreement must be effected in a writing signed by the Town and Owner-. Section 1.4 of the
Agreement further provides that the term "Owner" for purposes of amending the Agreement
means "only the signatories to this Agreement constituting Owner and those parties, if any, to
whom such signatories have specifically granted, in writing, the power to enter into such
amendment." As more particularly set forth in Recital B of the First Amendment, EMD (with
respect to Planning Area M) and Traer (with respect to the remainder of the Property) constitute
Owner for purposes of amending the Agreement.
D. Subsequent to execution of the Agreement, portions of the Property have been
subdivided as more particularly described in the Final Plat, The Village (at Avon) Filing 1,
recorded in the Eagle County, Colorado, real property records on May 8, 2002, at Reception
No. 795007 ("Filing 1"), the Final Plat, The Village (at Avon) Filing 2, recorded in the Eagle
County, Colorado, real property records on May 29, 2002, at Reception No. 796831 ("-Filing 2"),
and the Final Plat The Village (at Avon) Filing 3, recorded in the Eagle County, Colorado, real
property records on June 24, 2004, at Reception No. 882176 ("Filing 3"). Additionally, certain
portions of the Property have been conveyed to other entities and individuals so that the current
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owners of the Property as of the date of this Third Amendment are: EMD; Traer Creek
Metropolitan District, a quasi-municipal corporation and political subdivision of the State of
Colorado (the "District"); Traer Creek-WMT LLC; Traer Creek-HD LLC; Traer Creek-RP
LLC; Buffalo Ridge Affordable Housing Corporation; Buffalo Ridge II LLLP; Eric Applegate;
Guy Erickson; Dave Kautz; Dannie Corcoran; Daniel J. Leary; the Town of Avon; and the
Colorado Department of Transportation, as their respective interests appear of record.
E. Each of the conveyances referred to in Recital D above was made subject to the
terms and conditions of the Agreement, including, without limitation, Section 1.4 of the
Agreement. None of the conveyances referred to in Recital D above were accompanied by a
specific written grant of the power to amend the Agreement as provided in Section 1.4 of the
Agreement. Accordingly, with the exception of the Town, EMD and Traer, no owner of any real
property constituting the Property or other person or entity has been granted any power to amend
the Agreement. As provided in Section 1.4 of the Agreement, no person or entity other than the
Town, EMD and Traer is required to execute or acknowledge an amendment to the Agreement as
a condition of such amendment being effective and binding on all parties to the Agreement and
all owners of real property constituting the Property.
F. The District, while not an Owner for purposes of amending the Agreement, has
expressly assumed and undertaken the performance of certain obligations of the Owner under the
Agreement, as more particularly set forth in the First Amendment.
G. The Town, the District and Owners have determined and agreed that the
following circumstances and changed conditions, among others, require further amendment of
the Agreement in order to more fully and accurately reflect and implement the original intent of
the parties thereto: (I) the original formula for calculation of the police services component of
the Municipal Services Invoice as set forth in Section 4.10(a)(iv) of the Agreement has, in
practice, failed to produce a result that is consistent with the parties' intent of accurately
reflecting on an annual basis the Town's actual cost of providing police services to the Project;
(II) due to the current pace of development within the Project and other changed circumstances,
the timing of the Phase 3 Improvements and the Phase 4 Improvements as set forth in Sections
4.3(b)(iii) and 4.3(b)(iv) of the Agreement is no longer appropriate or desirable.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements of the Town and Owner, as more particularly set forth herein, and for other good
and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
Town and Owner covenant and agree as follows:
1. Defined Terms. Unless otherwise defined in this Third Amendment, capitalized
terms used herein shall have the meanings ascribed to them in the Agreement.
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2. Amendments. The Agreement is hereby modified as follows:
(a) Section 1.1.16 is amended and restated to read in its entirety as follows:
1.1.16 Exhibits: The following Exhibits to this Agreement, all of which are
incorporated by reference into and made a part of this Agreement:
Exhibit A - Legal Description of the Property
Exhibit B - Police Services Methodology
(b) A new Section 1.1.27(a) is inserted (after existing Section 1.1.27 and
before existing Section 1.1.28) to read in its entirety as follows:
1.1.27(a) Police Services Methodology: The agreed upon methodology for
calculation of the Town's annual cost of providing police services to the Project, as generally
described in Section 4.5(a) and specifically set forth in the spreadsheet entitled Calculation of
Police Services Village (at Avon) 2005 Projected Budgeted Revenues, a copy of which is
attached as Exhibit B of this Agreement, and which shall apply to the calculation of the police
services component for the period commencing July 1, 2004, and continuing through the term of
this Agreement.
(c) Sections 4.3(b)(iii) and 4.3 b iv are amended and restated to read in their
entirety as follows:
(iii) Phase 3 of the East Beaver Creek Boulevard Improvements (the
"Phase 3 Improvements") shall consist of the following improvements to the segment of
East Beaver Creek Boulevard between the western terminus of Beaver Creek Place and
the western boundary of The Village (at Avon): (A) construction of a two-lane roadway
with a third auxiliary lane at intersections and access points; (B) streetscape
improvements to the segment between the western terminus and the eastern terminus of
Beaver Creek Place, which improvements shall be in general conformance with the East
Beaver Creek Boulevard Streetscape Improvement Plans dated April 2000, prepared by
Inter-Mountain Engineering, Ltd. for the Town of Avon; and (C) streetscape
improvements to the segment between the eastern terminus of Beaver Creek Place and
the western boundary of The Village (at Avon), which improvements shall be in general
conformance with the streetscape improvements within Planning Area A. Subject to the
Town's timely issuance of the requisite permits, the District shall commence the Phase 3
Improvements by April 15, 2009, and shall employ commercially reasonable efforts to
cause completion of the Phase 3 Improvements on or before December 31, 2009;
provided, however, that in the event of an earlier re-subdivision of any area within
Planning Areas A through F, inclusive, as depicted in The Village (at Avon) PUD
Development Plan Administrative Amendment No. 1, dated May 21, 2001, and recorded
in the Office of the Eagle County Clerk and Recorder on July 31, 2001, at Reception No.
763439, the District shall commence the Phase 3 Improvements by April 15, and shall
employ commercially reasonable efforts to cause completion thereof by December 31, of
the year immediately following the recordation of any final subdivision plat which re-
subdivides any such area.
6283113
(iv) Phase 4 of the East Beaver Creek Boulevard Improvements (the
"Phase 4 Improvements") shall consist of converting the Phase 2 Improvements from
temporary to permanent by the construction of (A) a permanent extension from the east
terminus of Beaver Creek Place to the Highway 6 Connector Road in accordance with the
road standards set forth in Section 1.5 of the PUD Guide, and (B) final design and
construction of a connection to Chapel Place. The District shall cause the Phase 4
Improvements to be commenced and completed in accordance with the subdivision
process involving Planning Areas A through F and H through J, as depicted in The
Village (at Avon) PUD Development Plan Administrative Amendment No. 1, dated May
21, 2001, and recorded in the Office of the Eagle County Clerk and Recorder on July 31,
2001, at Reception No. 763439.
(d) Section 4.10(a)(iv) is amended and restated to read in its entirety as
follows:
(iv) With respect to the Town's annual cost of providing police
services to the Project for the period commencing July 1, 2004, and continuing through
the term of this Agreement, the applicable Municipal Services Invoice shall set forth the
Town's calculation pursuant to the Police Services Methodology. The percentage of time
allocated to the patrol factor calculation (35%) and the percentage of time allocated to the
service call factor calculation (65%) shall remain constant from year to year. However,
in connection with preparing the Municipal Services Invoice for each upcoming year, the
Town shall update the following components of the Police Services Methodology
annually: (A) the total direct costs for the patrol factor calculation; (B) the ratio of
Project lane miles to total lane miles within the Town's municipal boundaries (expressed
as a percentage); (C) the total direct costs for the service call factor calculation; (D) the
ratio of service calls within the Project to total service calls within the Town's municipal
boundaries (expressed as a percentage); (E) the total indirect costs for the preparedness,
administration and support factor calculation; and (F) the ratio of residential dwelling
units and commercial square footage within the Project to total residential dwelling units
and commercial square footage within the Town's municipal boundaries (expressed as a
percentage representing the average between the residential dwelling unit ratio and the
commercial square footage ratio). The annual update described above shall be subject to
reconciliation and audit pursuant to the procedures described in Sections 4.10(e) and
4.10(f).
(e) Pursuant to the terms of Section 6.8, the parties hereby designate the
following addresses for notice or communication in substitution of the addresses
originally set forth in Section 6.8 (the substantive provisions of Section 6.8 being
unaffected hereby):
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If to Town:
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Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
629311 3 4
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Attn: Town Manager
With a copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attn: Town Attorney
If to Owner by mail delivery:
Traer Creek LLC
EMD Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attn: Magnus Lindholm
Or, for delivery other than by mail:
Traer Creek LLC
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attn: Magnus Lindholm
With a copy to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attn: Thomas J. Ragonetti, Esq. and Munsey L. Ayers, Esq.
If to the District:
Traer Creek Metropolitan District
c/o McGeady Sisneros, P.C.
1675 Broadway, Suite 2100
Denver, Colorado 80202
Attn: Darlene Sisneros, Esq.
3. Effect of Amendment. Except as expressly modified by this Third Amendment,
the Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in full force
and effect in accordance with its terms. If there is any inconsistency between the terms of the
Agreement and the terms of this Third Amendment, the provisions of this Third Amendment
shall govern and control.
6283113 5
4. GoverningzLaw. This Third Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
5. Counterparts. This Third Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, and all such counterparts taken
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Town and Owner have executed this Third
Amendment as of the day and year first set forth above.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
B
Name: Magnu indholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, its Manager
Name: Magnu indholm
Title: President
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628311 3 6
THE TOWN:
Approved as to legal form by:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name: Albert D. Reynolds
Title: Mayor
Name: John Dunn
Title: Town Attorney
AND IN WITNESS WHEREOF, the District hereby acknowledges and agrees to
perform its obligations under the Agreement, as modified by this Third Amendment.
THE DISTRICT:
ATTEST:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By:
Name: Daniel J. Lepyf
Title: President
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k J Simonton Eagle, CO 289 R 61.00 D 0.00
628311.3 7
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ./d day of
s-~►'►~~, 200 l_, by Magnus Lindholm as Manager of Traer Creek LL,C, a Colorado
limited liability company.
Witness my hand and official seal.
~ER1E @,q My commission expires: 1 3 - Q
Notary Public
'AvB~~G
LORADO )
ss:
MY 4 GLE )
The foregoing instrument was acknowledged before me this day of
"~W _ e_hy%b ,r., 200 , by Magnus Lindholm, as President of LAVA Corporation, a
_
_ ,Qrporation, as Manager of EMD Limited Liability Company, a Colorado limited
0-9-pTA.0
Nitness my hand and official seal.
commission expires: ' 13 - d Co
.N.A
jr ~c ol0
Notary Public
V-16C... ~ssionExpim 1=2006 901429
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COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this 9t - day of
200' , by Albert J. Reynolds as Mayor of the Town of Avon, a municipal
corporation of the State of Colorado.
Witness my hand and official.
My commission expires: ~ g- blo
v
oIAoq
Q.
628311.3 ) ••.••OPQ"
C COL
No 7~
8
My Commission Expires 04M M
STATE OF COLORADO
COUNTY OF EAGLE
ss:
The foregoing instrument was acknowledged before me this / 6 day of
Z)ecemt t~ , 200_4, by Daniel J. Leary as President of Traer Creek Metropolitan District,
a quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires: 1-1 -a 3- O G
1-'
' IOTA q
•
%°C~ ~G•'o°
y o Co,-oPP
myy wa 1Yr2sm
Notary Public
9
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6283113 9
Exhibit "B" To Third Amendment
To Annexation & Development Agreement
Calculation of Police Services
Village at (Avon)
2005 Projected Budgeted
Revenues
Town of Avon Statistics
Total Weighted Average Town Lane Miles - 2005
49.39
Total Weighted Average Village Lane Miles - 2005
10.42
Ratio of Village/Town Lane Miles - 2005
21.10%
Total Town Calls for Service - 2005
14,611
Total Village Calls for Service - 2005
1,008
Ratio of VillagrJ Town Calls for Service - 2005
6.90%
Total Town Residential Dwelling Units -12/31 /05
3,528
Total Village Residential Dwelling Units - 12/31/05
244
Ratio of VilhigeJTown Residential Units
6,92%
Total Town Commercial Square Footage-12/31/05
1,661,793
Total Village Commercial Square Footage -12/31/05
322,853
Ratio of VillagefTown Square Footage
19.43%
Calculation of Police Services - 2005 Budget
Patrol Factor Calculation
Direct Costs - 2005:
Personnel Costs - Patrol $
949,124
Gas, Fleet Maint., & Fleet Replacement Charges - Patrol
120,073
Vail Dispatch Services
181,094
1,250,291
% Direct Time Involved in Patrolling Streets
and Self-initiated Calls for Service is
35.00%
437,602
Ratio of Village Lane Miles to Total Lane Miles x
21.10%
Total Patrol Factor $
92,323
Service Call Factor Calculation
Direct Costs - 2005:
Personnel Costs - Patrol $
949,124
Gas, Fleet Maint., & Fleet Replacement Charges - Patrol
120,073
Vail Dispatch Services
181,094
1,250,291
% Direct Time Involved in Responding to
Calls for Service x
65.00%
812,689
Personnel Costs - Investigations
80,340
Gas, Fleet Maint., & Fleet Replacement Charges - Invest.
10,966
903,995
Ratio of Village/Town Calls for Service x
6.90%
Total Calls for Service Factor $
62,366
Preparedness, Administration & Support Factor
Indirect Costs - 2005:
Administration Budget S
278,010
Indirect Patrol Costs
75,159
Indirect Investigations Costs
6,418
359,587
Average of Residential DUs & Commercial Square Feet x
13.17%
Total Preparedness, Administration & Support Factor $
47,365
Total Police Services Cost - 2005 $
20_053
9/812004 12:55 PM
EXHIBIT "B"
~ Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Date: May 20, 2004
Re: The Village (at Avon) Filing 3 - Final Plat and Subdivision Improvements
Agreement / Resolution No. 04-17, Series of 2004
Summa : Traer Creek-RP LLC has submitted a Final Plat and related -
Subdivision Improvements Agreement (SIA) for The Village (at Avon) Filing 3. This is a
subdivision of a parcel of land located in the Southeast I/4 of Section 7 and in the West %z
of the Southwest I/4 of Section 8, Township 5 South, Range 81 West of the 6`h Principal
Meridian in the Town of Avon, Eagle County, Colorado. This area includes all or
portions of the-P.U.D. Planning areas OS-5, N, G and RMF-1. The submittal includes
construction plans for the extension of Swift Gulch Road and corresponding Bike- Path
from Buffalo Ridge (Filing 2) to Post Boulevard north of the new I-70 Interchange.
Traer Creek Metropolitan District will be a party to the SIA in addition to Traer Creek-RP
LLC. The Final Plat is in conformance with the Preliminary Plan that was previously
approved by Resolution No. 04-15, Series of 2004. The Subdivision Improvements
Agreement provides for construction of the public improvements required to serve the
proposed subdivision and for the provision of securities to assure completion of the
improvements. The SIA also establishes guidelines for quality control, release of
securities as construction is completed and establishes the warranty period for the
completed improvements.
The public improvements generally consisting of streets, roads, water, sewer and stone
drainage facilities will be constructed by Traer Creek Metropolitan District. The security
for the completion of these improvements will be in the form of a District Fund in an
amount equal to the cost of the improvements estimated at $3,324,003 and established
solely for this purpose. This fund will be established by a "Resolution of Traer Creek
} Metropolitan District Regarding Appropriation of Funds Under Subdivision
Improvements Agreement" (Exhibit C) to the Subdivision Improvements Agreement.
lAEngineeringWvon Village44.0 Filing 344.5 Final Plat\4.5.2 Permits & ApprovalARes 04-17 Approval Memo.Doc
The proposed Final Plat and SIA are in conformance with the Annexation and
Development Agreement, The Village (at Avon) P.U.D. Guide and P.U.D. Development
Plan as Amended and has no effect on existing zoning. Approval of this Final_ Plat and
SIA is.recommended.
Recommendations:., Approve Resolution No. 04-17, Series of 2004, A
Resolution Approving Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 04-17, Series of 2004, A
Resolution Approving Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado.
Town Manager_ Comments:
0~
lAEngineeringWvon Village14.0 Filing 3\1.5 Final Plat\4.5.2 Permits & Approvals\Res 04-17 Approval Memo-Doc 2