12-22-2003 VAIL ASSOCIATES INC CONFLUENCE PARKING LOTDecember 22, 2003
Town of Avon
Attn: Mr. Larry Brooks, Town Manager
P.O. Box 975
Avon, Colorado 81620
Re: Confluence Parking Lot
Dear Mr. Brooks:
This letter sets forth the Agreement between VAIL ASSOCIATES, INC. ("VAI") and
THE TOWN OF AVON (the "TOWN") with respect to the use of the Confluence Parking Lot in
Beaver Creek (the "Lot") pursuant to that certain Approval of Special Review Use Permit For
Overflow Parking Lot [At] The Confluence, Avon Road, ("Special Use Permit") dated
November 19, 2003.
In consideration of the covenants and premises set forth herein, the receipt and
sufficiency of which is hereby acknowledged, TOWN and VAI agree as follows:
1. The TOWN agrees VAI may use the Lot for purposes of skier parking for
various times throughout the winter ski season as approved under the Special Use Permit. VAI
shall utilize the Lot as it exists at the present time and shall not construct an alternate access into
the Lot. The TOWN agrees that users of the Lot may access the Lot via Avon Road and Hurd
Lane and agrees to provide all municipal services in order to adequately maintain Avon Road due
to the increase of use and impact on such road (the "Services").
2. In consideration of receiving such Services, VAI agrees to a one-time payment of
Fifty Thousand dollars ($50,000) made payable to the TOWN.
3. Each party agrees to indemnify, pay costs incurred to defend, and hold
harmless the other party, its subsidiaries and affiliates, their respective agents, officers,
directors, servants and employees of and from any and all liability, claims, liens,
demands, actions and causes of action whatsoever arising out of or related to any loss,
costs, damage or injury, including death, of any person or damage to property of any
kind caused by the negligent acts, errors or omissions of the indemnifying party, or any
person directly or indirectly employed by them, or any of them, while engaged in any
activity done in furtherance of this Agreement. The indemnification given by the Town is
given subject to the limitations of the Colorado Governmental Immunity Act.
4. The Term of this Agreement shall commence on November 20, 2003 and shall
terminate on April 20, 2004.
B-1
Parking Letter Agreement
December 22, 2003
Page 2
5. VAT's representative for the administration of this Letter of Agreement shall be
Bob McIlveen. The TOWN shall direct all communications, requests and invoices to such
individual. The TOWN shall be notified in writing if a new representative is named.
The above sets forth the entire agreement and understanding between VAI and the
TOWN with respect to the municipal services needed and impact caused by the use of the
Confluence Parking Lot. Upon acceptance and execution by VAI and the TOWN in the space
provided below, this Letter of Agreement shall become a binding agreement between the parties,
which may only be modified by written agreement of the parties.
Sincerely,
VAIL ASSOCIATES, INC.,
a Colorado corporation
By;e. C
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Tit 10-vo - 3c-av-'k ue'a _
AGREED AND ACCEPTED:
The Town of Avon,
a Colorado municipal government
i
Name:
Title: T2t.~9nf 1t11An/fl G,E'2
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US BANK EAST GRAND FORKS 75-15592
9,2 150120
303 Third Street NW.
V A I 'L R E S O R T V East Grand; Forks, MN 56721 j
I
Vail Beaver Creeks Breckenridge Keystone®
P.O. Box 7 Vail, CO 8-1658 (970)845-25,80
Date 22.Jan.2004 0 j
i!CONTAIN3.MICROPRINTING
11'15012011' 1:0912159271!: 15211801257311'
~vnLi~n oLnvn lin C.n J n I.IiLI ODU-34/-JOJ6
Check Date: 22.Jan.2004 Check No. 150120
Invoice Number Invoice Date ! Voucher ID Gross Amount Discount Available Paid Amount
TRAN000042 II.Dec.2003 00418354 50,000.00 0.00 50,000.00
Vendor Number
Name
Total Discounts
0000012647
Town of Avon
0.00
Check Number
Date
Handling Code
Total Amount
Discounts Taken
Total Paid Amount
150120
22.Jan.2004
SP
50,000.00
0.00
50,000.00
US BANK EAST GRAND FORKS 71592
912 150120
303 Third Street NW
V A I L R E S O R T S-_ East Grand Forks, MN 56721
Vail Beaver Creek0 Breckeiiridte Kcvstone®
P.O. Bore Vail. CO 8108 (970)845-2580
Date 22.Jan.20040
i
Pay ****FIFTY THOUSAND AND XX / 100 DOLLAR****
Tq,,The
Order Of
VOIDAFTER 90 DAYS
AMOUNTS OVER $20,000 REQUIRE IGNATURES
C n
TOWN OF AXON
hYe . .
PO BOX OK
Avon, CO 81620
11' 150 1 20,10 1:09 12 159 271: IS 2 1 L130 1 2573,
TING
'eUMUtn BLANK U17tCK S I UUK UALL 808-347-38311
Check Date: 22.Jan.2004 Check No. 150120
Invoice Number Invoice Date Voucher ID Gross Amount Discount Available Paid Amount
TRAN000042 II.Dec.2003 00418354 50,000.00 0.00 50,000.00
Vendor Number
Name
Total Discounts
0000012647
Town of Avon
0.00
Check Number
Date
Handling Code
Total Amount
Discounts Taken
Total Paid Amount
150120
22.Jan.2004
SP
50,000.00
0.00
50,000.00
3:CON'