LA Packet 07-13-2010�• -i�`
TOWN OF AVON, COLORADO Al 0
AVON LIQUOR BOARD MEETING FOR TUESDAY, JULY 13, 2010
MEETING BEGINS AT 5:15 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
CHAIRMAN RON WOLFE
VICE CHAIRMAN BRIAN SIPES
BOARD MEMBERS 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 LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
1. CALL TO ORDER / ROLL CALL
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3. REPORT OF CHANGES: PUBLIC HEARING FOR MODIFICATION OF PREMISES
CONTINUED FROM .TUNE 22, 2010 MEETING
a. Applicant: East West Resorts LLC & Riverfront Village Restaurant, LLC d /b /a the Westin
Riverfront Resort & Spa
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Resort Complex License
4. RENEWAL OF LIQUOR LICENSES
a. Applicant: China Garden Inc, d /b /a China Garden
Address: 100 W. Beaver Creek Blvd
Manager: Sharon Mou
Type: Hotel and Restaurant
5. CONSENT AGENDA
a. Minutes from June 22, 2010
6. ADJOURNMENT
Avon Council Meeting. 1 0.07.13.doc
Page 3 of 5
NEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Avon Local Liquor Licensing Authority
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: July 8, 2010
SUBJECT: Riverfront Resort Complex Premises Modification
Summary: The Westin is applying to modify their Resort Complex liquor license to permit
service of liquor by the Market on a portion of the public plaza area. The licensee has amended
the application to reduce the requested premises modification to include only a small portion of
the public plaza area and to not obstruct public access, passage and use of the public plaza
area. Also, the licensee has revised the License Agreement between the licensee and the Avon
Station /Confluence Metropolitan District to incorporate appropriate terms regarding liability,
indemnification for use of a portion of the public plaza area.
Riverfront PUD: The River Front PUD included the establishment and construction of a central
public plaza ( "Public Plaza "). The Public Plaza was built and is owned by the Avon
Station /Confluence Metropolitan Districts. A non - exclusive easement for public access across
the Public Plaza was granted to the Town of Avon on the River Front PUD plat. The use of a
small portion of the Public Plaza for "semi- public" private business use is compatible with the
overall intent and purpose of the River Front PUD and is consistent with other approvals by
Town to permit encroachments into public right -of -ways for outdoor dining.
Resort Complex: Colorado Revised Statutes §12 -47- 411(2) establishes the requirements for a
Resort Complex License, which includes the requirement to designate the "principal licensed
premises" (i.e. the entire Riverfront PUD project) and the "related facility" (i.e. the Market area).
CRS §12- 47- 411(2)(b) provides that "Customers and guests who purchase alcohol beverages
at one related facility are permitted to carry such beverage to other related facilities within the
overall licensed premises boundaries of the resort complex."
Requested Action: Clearly identify the geographic location of the Market, as a "related facility"
within the boundaries of the overall resort complex license.
Exhibits:
A: Permit Application & Report of Changes
B. An Agreement by and between the Property Owners and Resort Complex Owners and
Operators
C: Site Plan: Before & After
D: Diagram of Area to be Licensed
E Site plan of Public Pedestrian Access and Plaza Area Easement
F: Excerpt from PUD Plan describing Pedestrian Access and Plaza Area Easement
Heil Law & Planning, LLc Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil @avon.org
DR 8442 (09/14/07) Page 1
COLORADO DEPARTMENT OF REVENUE
DENVER, COLORADO 80261
PERMIT APPLICATION
& REPORT OF CHANGES
21
EXHIBIT A
CURRENT LICENSE NUMBER 42- 58375 -0000
ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
LOCAL LICENSE FEE $
APPLICANT SHOULD OBTAIN A COLORADO LIQUOR & BEER CODE BOOK
TO ORDER CALL (303) 370 -2165
DO NOT WRITE IN THIS SPACE
1. Applicant Is a
PRESENT LICENSE NUMBER
❑ Corporation ❑ Individual
❑ Partnership FZ] Limited Liability Company
42- 58375 -0000
2. Name of Licensee
3. Trade Name
East West Resort, LLC and
Riverfront Village Restaurant, LLC
Westin Riverfront Resort & Spa
4. Location Address
-M44 C,& 0yDWCk0-te- as '�/e.�a
330 Riverfront Lane
City
County
ZIP
Avon
Eagle
81620
Select the appropriate section below and proceed to the instructions on page 2.
SECTION A — MANAGER REG/CHANGE SECTION C
1) ❑ 2210 -100 (999) Retail Warehouse Storage Permit (ea) ...... $100.00
2) ❑ 2200 -100 (999) Wholesale Branch House Permit (ea) ..........100.00
• License Account No.
3) ❑ 2260 -100 (999) Change Corp or Trade Name Permit (ea) ....... 50.00
1983 -750 (999) ❑ Manager's Registration (Hotel & Restr.) ........ $75.00
4) ❑ 2230 -100 (999) Change Location Permit (ea) ........................ 150.00
2012 -750 (999) ❑ Manager's Registration (Tavern) ................... $75.00
5
) 0 2280 -100 (999) Change, Alter or Modify Premises
El Change of Manager (Other Licenses) ........ NO FEE
$150.00 x 1 Total Fee 150.00
2315 -100 (999) ❑ Concurrent Review ...... ............................... $100.00
6) ❑ 2220 -100 (999) Addition of Optional Premises to Existing H/R
$100.00 x Total Fee
7) ❑ 1988 -100 (999) Addition of Related Facility to Resort Complex
SECTION B — DUPLICATE LICENSE
• LIQUOR LICENSE No.
❑ 2270 -100 (999) DUPLICATE LICENSE ...... ............................... $ 50.00
$75.00 X Total Fee
8) ❑ 2340 -100 (999) Bed and Breakfast Permit .............................. 50.00
DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY
DATE LICENSE ISSUED
LICENSE ACCOUNT NUMBER
PERIOD
-750 (999)
-100 (999)
TOTAL 150. 00
OR 8442 (09/14/07) Page 2
INSTRUCTION SHEET
For all sections, complete questions 1 -4 located on page 1
❑ Section A
To Register or Change Managers, check the appropriate box in section A and complete question
9 on page 4. Proceed to the Oath of Applicant for signature (Please note: Hotel, Restaurant, and
Tavern licensees are required to register their managers).
❑ Section B
Fora Duplicate license, be sure to include the liquor license number in section B on page 1 and
proceed to page 4 for Oath of Applicant signature.
p Section C
Check the appropriate box in section C and proceed below.
1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check
the appropriate box). Submit the necessary information and proceed to page 4 for Oath of
Applicant signature.
2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to
check the appropriate box). Submit the necessary information and proceed to page 4 for Oath
of Applicant signature.
3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be
sure to check the appropriate box). Submit the necessary information and proceed to page 4 for
Oath of Applicant signature.
4) To modify Premise, go to page 3 and complete question 7. Submit the necessary information
and proceed to page 4 for Oath of Applicant signature.
5) For Optional Premises or Related Facilities go to page 3 and complete question 7. Submit the
necessary information and proceed to page 4 for Oath of Applicant signature.
6) To Change Location, go to page 3 and complete question 8. Submit the necessary information
and proceed to page 4 for Oath of Applicant signature.
7) For a Bed and Breakfast Permit, go to page 4 and complete question 10. Submit the
necessary information and proceed to Oath of Applicant signature.
DR 8442 (09/14/07) Page 3
5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit
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❑ Retail Warehouse Permit
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❑ Wholesalers Branch House Permit
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Include full address of storage premises.
If granted, will the proposed warehouse or branch house be in compliance with local building and zoning laws? Yes No
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Name and title of Person in Charge of Premises ❑ ❑
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❑ Attach a lease /deed and a diagram of storage premises.
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6. Change of Trade Name or Corporation name
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❑ Trade /DBA Name Change only
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❑ Corporate Name Change (Attach a Certificate of Amendment from Secretary of State)
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Old Name
New Name
7. Modification of Premises, Addition of an Optional Premises, or Addition of Related Facility
NOTE: LICENSEES MAY NOT MODIFY OR ADD TO THEIR LICENSED PREMISES UNTIL APPROVED BY STATE AND LOCAL AUTHORITIES.
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(a) Describe change proposed
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Addition of a patio to the licensed premises for service of alcohol. Please see attached
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diagram.
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(b) If the modification is temporary, when will the proposed change:
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Start NSA (mo /day /year) End NSA (mo /day /year)
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NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00
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(c) Will the proposed change result in the licensed premises now being located within 500 feet of any public
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or private school that meets compulsory education requirements of Colorado law, or the principal campus
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of any college, university or seminary?
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(If yes, explain in detail and describe any exemptions that apply) Yes E] No
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(d) Is the proposed change in compliance with local building and zoning laws? Yes ® No ❑
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(e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort Complex
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Related Facility, has the local authority authorized by resolution or ordinance the issuance of optional
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premises? N /AYes❑ No❑
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(f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the
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licensed premises.please see attached diagram.
(g) Attach any existing lease that is revised due to the modification. N/A
8. Change of Location
(a) Address of current premises
City County ZIP
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(b) Address of proposed New Premises (Attach a copy of the deed or lease that establishes possession of
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the premises by the licensee)
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Address
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City County ZIP
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(c) New mailing address if applicable
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Address
City County ZIP
(d) Attach a diagram of the premises showing the area where alcohol beverages will be stored, served,
possessed or consumed. Include food preparation facilities for Hotel and Restaurants.
DR 8442 (09/14/07) Page 4
9. Change of Manager or to Register the Manager of a Tavern or a Hotel and Restaurant liquor license.
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(a) Change of Manager (attach Individual History DR 8404 -1 H/R and Tavern only)
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Former manager's name
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New manager's name
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(b) Compensation of Mgr. Date of Emp. Exp. Date
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Has manager ever managed a Liquor licensed establishment? ❑ Yes ❑ No
Does manager have a financial interest in any other liquor licensed establishment? ❑ Yes ❑ No
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If yes, give name and location of establishment
10. Bed and Breakfast Permit
• Attach a copy of a deed or lease in the exact name of the applicant only, reflecting possession of the permitted area
for at least the minimum duration of this permit (1 year from date of issuance).
• Attach a diagram of the premises which accurately reflects the area where alcohol beverages will be stored, served,
possessed or consumed.
1. Applicant is a:
❑ Corporation ❑ Partnership
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El Individual El Limited Liability Company
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2. Name of Applicant
3. Trade Name of Establishment (DBA)
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4. Address of Premises (specify exact location)
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5. State Sales Tax Number Business Phone
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Pursuant to 12 -47 -410, C.R.S., Applicant hereby states that it qualifies for a Bed and Breakfast Permit, in order to serve
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complimentary alcohol beverages, and certifies to the State Licensing Authority:
That it has no more than 20 sleeping rooms, and
141
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That it provides at least 1 meal per day at no charge other than for overnight lodging, and
That it does not sell alcohol beverages by the drink or in sealed containers, and
That it will not serve alcohol beverages for more than 4 hours in any one day, as follows:
MONDAY HOURS
TUESDAY HOURS
WEDNESDAY HOURS
THURSDAY HOURS
FRIDAY HOURS
SATURDAY HOURS
SUNDAY HOURS
From: m.
From: m.
From: m.
From: m.
From: m.
From: m.
From: M.
To: M.
To: M.
To: M.
To: M.
To: M.
To: M.
To: M.
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that l have read the foregoing application and all attachments thereto,
and that all information therein is true, correct, and complete to the best of my knowledge.
Signature
Title �J
Date
Z4
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REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY /COUNTY)
The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we
do report that such permit, if granted, will comply with the applicable provisions of Title 12, Articles 46 and 47, C.R.S., as amended.
THEREFORE, THIS APPLICATION IS APPROVED.
Local Licensing Authority (City or County)
Date filed with Local Authority
Signarl irP Title Date
1
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REPORT OF STATE LICENSING AUTHORITY
The foregoing has been examined and complies with the filing requirements of Title 12, Article 47, C.R.S., as amended.
Signature
Title
Date
EXHIBIT B
AN AGREEMENT BY AND BETWEEN THE CONFLUENCE AND AVON STATION
METROPOLITAN DISTRICTS AND EAST WEST RESORTS, LLC AND RIVERFRONT
VILLAGE RESTAURANT, LLC FOR THE GRANT OF A REVOCABLE ENCROACHMENT
LICENSE TO INSTALL, CONSTRUCT, AND MAINTAIN FOOD AND BEVERAGE SERVICE
OPERATIONS ON DISTRICT -OWNED RIGHTS OF WAY
1.0 PARTIES. The parties to this Agreement { "Agreement"} are the Confluence and Avon
Station Metropolitan Districts (collectively "Districts ") on one hand, and East West
Resorts, LLC and Riverfront Village Restaurant, LLC (the "Licensee"), on the other hand.
This Agreement is effective upon execution by the Licensee and following execution by
the District Manager on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Districts are the owners of certain property located in the,-Town of A��vgp�,�
Eagle County, Colorado, commonly known as the d wz-e ,'L
right -of -way ("District's Property" }. �ac� � (��v+ Qo pla
2.2. The Licensee has expressed a desire to encroach upon and occupy the District's
Property for the purpose of installing, constructing, and maintaining certain
various facilities for food and beverage service, including the service of alcoholic
beverages.
2.3. The Districts are willing to grant a revocable license to the Licensee under the
terms and conditions as hereinafter specified in this Agreement provided that
nothing in this Agreement shall waive or modify any obligation to seek building
permits, variances, or other approval necessary to meet any obligation imposed
by Wk. The Licensee remains obligated to apply for and obtain all necessary
permits and approvals, pay all required fees, and comply with all applicable local
laws, including but not limited to any applicable provisions in the Avon Municipal
Code.
3.0 TERMS AND CONDITIONS.
3.1. For and in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby conclusively acknowledged by the Parties. The
Districts hereby grant to the Licensee a revocable license for the encroachment
and occupation for:
Facilities for food and beverage service as well as retail sales generally, ("Private
Improvements "). Provided, however, that nothing in this Agreement is intended to
waive, alter, modify, or permit any violation of any local law applicable within the
Town of Avon. To the extent that the location or other specifications of this
License or any exhibit conflicts with local laws, the local law shall govern. This
grant is for the purpose of granting the Licensee exclusive possession and
control of the subject location for any and all alcohol licensing purposes.
Except for the encroachment and occupation of the Private Improvements
identified in this 1 3.1, no other encroachment, structure, improvement, vehicle,
fence, wall, landscaping, or any other real or personal property shall be erected,
installed, constructed, parked, stored, kept, or maintained in any way or fashion
on the District's Property, including but not limited to storage sheds, carports,
playground equipment, motor vehicles, snowmobiles or other recreational
equipment.
3.2. The encroachment and occupation as specified in $ 3.1 above shall continue
from the date of this Agreement to the time that this Agreement is terminated.
The Districts may terminate this Agreement at any time if the Town Council,
following a duly noticed public hearing, makes a legislative determination that
removal of the Private Improvements is necessary to protect the public health,
safety, or welfare of the Avon community. At such time as the Town Council
makes a determination that removal of the Private Improvements is necessary,
the Town Council shall also make a legislative determination regarding the
reasonable period of time within which the Private Improvements must be
removed. Except in the case of a public safety emergency or where a shorter
period of time is justified due to the nature of the Private Improvements, the
Licensee shall customarily not be required to remove the Private Improvements
within less than thirty (30) days of notice to the Licensee. The Districts may also
terminate this Agreement at any time in the case of a declaration by the Town
Council for the Town of Avon that a public safety emergency exists by giving
written notice to the Licensee five (5) days in advance of the effective date of
termination.
3.3. The Licensee expressly agrees to, and shall, indemnify and hold harmless the
Districts and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney's fee that are or
may be awarded as a result of any loss, injury or damage sustained or claimed to
have been sustained by anyone, including but not limited to, any person, firm,
partnership, or corporation, in connection with or arising out of any omission or
act of commission by the Licensee or any of its employees, agents, partners, or
lessees, in encroaching upon the District's Property. In particular and without
limiting the scope of the foregoing agreement to indemnify and hold harmless,
the Licensee shall indemnify the Districts for all claims, damages, liability, or
court awards, including costs and attorney's fees that are or may be awarded as
a result of any loss, injury or damage sustained or claimed to have been
sustained by anyone, including but not limited to, any person, firm, partnership,
or corporation, in connection with or arising out of any claim in whole or in part
that all or any portion of the Private Improvements and encroachment permitted
by this Agreement constitutes a dangerous and unsafe condition within a public
right -of -way.
3.4. The Licensee agrees to construct, maintain, and repair the Private Improvements
placed or located on the District's Property by the Licensee or its lessees,
agents, employees, or other persons under the control or direction of the
Licensee pursuant to this Agreement at the cost and expense of the Licensee
and at no cost or expense to the Districts. The Licensee agrees to remove or
cover graffiti or other damage caused to the improvement(s) within a reasonable
time following notice or knowledge of such damage or within forty -eight (48)
hours of delivery to the Licensee of a written demand by the Districts, whichever
is earlier. The Licensee shall not erect, cause to be erected or permit the
erection of any sign, advertising object, or illustration upon any improvement,
Avon / Form of Right -of -Way License Agreement 2
structure, fence, or wall placed or located by the District's Property pursuant to
this Agreement and shall promptly remove any such sign or advertising.
3.5. The Licensee agrees that the Districts are not liable, and will not assume any
liability, responsibility, or costs for any damage, maintenance, or repair of any
Private Improvements erected or maintained by the Licensee under this
Agreement.
3.6. The Licensee agrees to repair and reconstruct any damage to the District's
Property upon termination of this Agreement or removal of the Private
Improvements described in ff 3.1 and any other improvements erected by the
Licensee on the District's Property and the Licensee shall return the District's
Property to its original condition at the cost and expense of the Licensee and at
no cost or expense to the Districts. In the event that Licensee does not remove
the Private Improvements and repair and restore the District's Property to the
condition prior to this Agreement within the time period determined in ff 3.2
above, then Licensee shall be deemed to have abandoned the Private
Improvements and any rights thereto and the Districts may proceed to remove
the Private Improvements. The Districts may seek recovery of all costs incurred
for the removal of Private Improvements from District's Property, repair of
damages to the District's Property, and restoration of the District's Property,
including legal costs and attorney fees.
3.7. The Licensee agrees to procure and maintain, at its own cost, a policy or policies
of insurance protecting against injury, damage or loss occurring on the licensed
premises in the minimum amount of $600,000.00 per occurrence. Such policy or
policies shall name the Districts as an "additional insured". However, the
Licensee's failure to take such steps to insure the premises shall not waive,
affect, or impair any obligation of the Licensee to indemnify or hold the Districts
harmless in accordance with this Agreement.
3.8. O tional: For Private Improvements Related to and Serving Adjacent
Private Propertyl The Licensee shall be deemed to have intentionally and
irrevocably abandoned and relinquished rights and interest in the Private
Improvements in the event that the Licensee conveys all the Licensee's interest
in the property or properties obtaining access or receiving benefit from the
improvements and encroachments described in this Agreement. The Districts
shall be entitled to rely upon the public records of ownership maintained by the
office of either the Eagle County Clerk and Recorder or the Eagle County
Assessor in rendering a determination that the Licensee has abandoned and
relinquished the Licensee's rights and interests as provided by this paragraph. In
such event, the Districts may remove and demolish such improvements without
notice to the Licensee.
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior
written consent of the Districts which may withhold its consent for any reason; provided
that the Districts encourages the Licensee to inform any purchaser of the Licensee's
property or interests of the existence of this Agreement and the Districts will promptly
consider any request by the Licensee for assignment of this Agreement to such
subsequent purchaser.
Avon / Form of Right -of -Way License Agreement 3
6.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if personally served or if
sent by certified mail or registered mail, postage and fees prepaid, addressed to the
party to whom such notice is to be given at the address set forth on the signature page
below, or at such other address as has been previously furnished in writing, to the other
party or parties. Such notice shall be deemed to have been given when deposited in the
United States Mail.
6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties.
If any other provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this
Agreement shall continue in full force and effect. Invalidation of the Agreement in its
entirety shall revoke any authorization, whether explicit or implied to the continuing use
and occupancy of the District's Property for the Private Improvements.
7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Colorado and venue for any action arising under this agreement shall be in the
appropriate court for Eagle County, Colorado.
8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, successors, heirs, and assigns;
provided, however, that nothing in this paragraph shall be construed to permit the
assignment of this Agreement except as otherwise expressly authorized herein.
10.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Districts
shall incur no cost or expense attributable to or arising from the construction,
maintenance, or operation of the Private Improvements and encroachment permitted by
this Agreement and that, in all instances, the risk of loss, liability, obligation, damages,
and claims associated with the encroachment shall be bome by the Licensee. This
Agreement does not confer upon the Licensee any other right, permit, license, approval,
or consent other than that expressly provided for herein and this Agreement shall not be
construed to waive, modify, amend, or alter the application of any other federal, state, or
local laws, including laws governing zoning, land use, property maintenance, or
nuisance.
11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are
expressly authorized to execute this Agreement on behalf of the Parties and to bind their
respective Parties and that the Parties may rely upon such representation of authority.
12.0 LEGAL FEES AND COSTS. In the event the Districts seek legal action to enforce this
Agreement or to recover reimbursement costs for removal of private improvements from,
repair of any damages, and/or restoration of the District's property subject to this
Agreement, Districts shall be entitled to recover any and all legal costs and attorney's
fees incurred.
Avon / Form of Right -of -Way License Agreement 4
DATED THIS DAY OF July, 2010.
ATTEST:
CONFLUENCE AND AVON STATION
METROPOLITAN DISTRICTS:
By.
District Hager
Confluence and Avort Station Metropol' istricts
Approved as to Form:
Town Clerk or Deputy Town Clerk For Town Attorney's Office
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged efo me this % Tti day of
20 /o , personally b +ova
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N tary 7rY ('! rr,iic
stht� 34 CC,;UrC1C
(SEAL) Commission expires: '°°""'� "`-- ---__J
LICENSEE:
East West Resorts, LLC and Riverfront Village
Restaurant, LLC
By;,f'
Print Name:
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Address:
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STATE OF COLORADO )
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COUNTY OF EAGLE }
The foregoing instrument was acknowledged before me this % 7 day of
20 /0, personally by ZAexr4 r %Yd Hr
ota st� Oda Y �B FELL
(SEAL) Commission expires: ' ZS'-Zo to Of 11c
Avon / Form of Rfght -of -Way License Agreement 5
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Memo
To:
Avon Liquor Licensing Authority
Thru:
cc:
Larry Brooks, Town Manager
Eric Heil, Town Attorney
From:
Debbie Hoppe, Court Clerk
Date:
July 08, 2010
Re:
Renewal of Liquor Licenses
Summary:
The Town Council serving as the Avon Liquor Licensing Authority will consider the following
liquor license application for renewal at its board meeting next week:
a. Applicant: China Garden Inc, d /b /a China Garden
Address: 100 W. Beaver Creek Blvd
Manager: Sharon Mou
Type: Hotel and Restaurant
Background & Discussion:
Colorado Liquor Code, 12 -47 -302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority.
The Town Clerk, Town Attorney, and Police Department have reviewed the applications
submitted referenced above and the materials are in order. Police Report results are
summarized below:
There have been no alcohol or smoking related calls for service at China Garden during the
past year.
Financial Implications:
There are local and state liquor licensing fees associated with renewal applications that have been
submitted to the Town.
Town Manager Comments:
Attachments:
➢ State of Colorado Forms for Liquor License Renewals
➢ Avon Police Department Background Memos
TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD JUNE 22, 2010
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll
call was taken and Board members of the Authority present were Ron Wolfe as Chairperson,
and Board members Dave Dantas, Rich Carroll, Kristi Ferraro, Amy Phillips, Buz Reynolds and
Brian Sipes.
REPORT OF CHANGES: PUBLIC HEARING FOR MODIFICATION OF PREMISES
a. Applicant: East West Resorts LLC & Riverfront Village Restaurant, LLC d /b /a the Westin
Riverfront Resort & Spa
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Resort Complex License
At this time, Board Member Ferraro recused herself from the meeting due to a conflict of
interest. All liquor authority members stated there was no perception of a conflict of interest with
Board Member Carroll, who has done business with the hotel.
Mayor Wolfe presented the report of changes and modification of premises for the Westing
Riverfront Resort & Spa. Mr. Bob Trotter, Resort Manager of the Westin, summarized the
application and outlined that the hotel would like to create a casual cafe atmosphere with the
idea that the patrons would be able to stroll the plaza area. This was the basis for the request
to license that area. Eric Heil, Town Attorney, presented the following concerns:
• There needs to be a review of the PUD and the allowed uses on the plaza to determine
if the resort would be in compliance
• The attached proposed license agreement between the hotel owners /operators and the
property owners (the Confluence and Avon Station Metro Districts) was not adequate in
addressing liability and indemnification for the public plaza area
• The ability to hold individual liquor licenses within the boundaries of the Resort Complex
License and how that relates to potential liquor violations; it might be better to license
individual facilities
Chairman Wolfe opened the public hearing, no comments were made, the hearing was closed.
Board member Reynolds moved to table the modification of premises for East West Resorts
LLC & Riverfront Village Restaurant, LLC d /b /a the Westin Riverfront Resort & Spa. Board
member Sipes seconded the motion and it passed unanimously. The application was tabled
until the July 13, 2010 meeting.
RENEWAL OF LIQUOR LICENSES
a. Applicant: East West Resorts LLC & Riverfront Village Restaurant, LLC d /b /a the Westin
Riverfront Resort & Spa
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Resort Complex License
Chairman Wolfe stated that all application materials were in order. Board member Dantas
moved to approve the renewal of the resort complex license for East West Resorts LLC &
Riverfront Village Restaurant, LLC d /b /a the Westin Riverfront Resort & Spa. Board member
Sipes seconded the motion and it passed unanimously.
b. Applicant: Y &Z Inc., d /b /a Nozawa
Address: 240 Chapel Place, BC -115
Manager: Jennifer E. Brosch
Type: Hotel and Restaurant Liquor License
Chairman Wolfe asked if the application materials were in order; Eric Heil, Town Attorney noted
that all materials were submitted. Board member Phillips moved to approve the Hotel and
Restaurant Liquor License for Y &Z Inc. d /b /a Nozawa. Board member Dantas seconded the
motion and it passed unanimously.
5. CONSENT AGENDA
Board member Carroll moved to approve the minutes; Board member Sipes seconded the
motion and it passed unanimously.
a. Minutes from June 8 2010
b. Resolution No. 10 -07, Series of 2010, Addressing Wal -Mart Supercenter #1199 Violation
& Penalties
There being no further business to come before the Board, the meeting adjourned at 5:20 PM.
RESPECTFULLY SUBMITTED:
Catherine Haynes for Patty McKenny, Secretary
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
ALB 10.06.22.doc
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