12-12-2006 MATRIX DESIGN GROUP & LELAND CONSULTING GROUPCONDITIONS SURVEY AGREEMENT
This Conditions Survey Agreement (this "Agreement") dated as of December lZ, 2006
is by and between the TOWN OF AVON, COLORADO, a Colorado municipal corporation (the
"Town"), MATRIX DESIGN GROUP, INC., a Colorado corporation ("Matrix"), and LELAND
CONSULTING GROUP, INC., a Colorado corporation ("Leland") (Matrix and Leland are
collectively the "Consultant").
WHEREAS, the Town is a municipal corporation and political subdivision of the State of
Colorado and is interested in determining whether there is any basis for the creation of an urban
renewal authority pursuant to Colo. Rev. Stat. § 31-25-104; and
WHEREAS, the Town seeks to commission a conditions survey to determine whether a
portion of Avon, Colorado, is a "blighted area" as defined in C.R.S. § 31-25-103(2) (the
"Conditions Survey"); and
WHEREAS, the Town desires to retain a consultant that is experienced in the
performance of conditions surveys with proven capability and experience to provide the services
set forth in this Agreement;
WHEREAS, if the Conditions Survey establishes the presence of blight, the Town will
desire to commission an urban renewal plan (the "Urban Renewal Plan"); and
WHEREAS, Consultant has represented that it possesses such experience and capability
to perform a Conditions Survey and prepare the Urban Renewal Plan.
NOW, THEREFORE, for good and valuable consideration as set forth in this Agreement,
the parties agree as follows:
1. PURPOSE. The purpose of this Agreement is to set forth the terms and
conditions under which Consultant will perform the Conditions Survey for the Town during the
term of this Agreement, as more fully described herein, and prepare an urban renewal plan if
directed to do so.
2. TERM. The tern of this Agreement shall commence as of the date hereof and
Consultant shall complete the Conditions Survey, as defined below, by May .15, 2007. The
Town shall have the right to terminate this Agreement in the event that the Town Council of the
Town does not appropriate, budget, or otherwise make funds available for the purpose of
extending this Agreement past the current calendar year, or in the event that any court of
competent jurisdiction determines that any extension of this Agreement, or any provision of the
Agreement, is in violation of Section 20, Article X of the Colorado Constitution. Any such
termination shall not be considered a breach of this Agreement or any extension thereof. In
addition, the Town may terminate this Agreement or any renewal thereof, for its convenience,
without cause, by giving written notice to Consultant ten (10) days in advance of the effective
date of such termination. In the event of such termination notice, Consultant shall cease work
and the Town shall compensate Consultant for its services rendered to the date of such notice.
I . SCOPE OF SERVICES FOR CONDITIONS SURVEY. Consultant shall be
responsible for the supervision, labor, materials, equipment, and services to provide an initial
conditions survey within the Town to determine if there is a "blighted area" as defined in C.R.S.
§ 31-25-103(2) (the "Conditions Survey"). The Conditions Survey shall focus on a 450 acre area
within the Town which is referred to as blocks 1 and 2 of the Benchmark at Beaver Creek
subdivision, the Confluence subdivision, and the northeast corner of the Nottingham Station
subdivision, which are all identified as the "Urban Renewal Area" depicted on Exhibit A
attached hereto and hereby incorporated by reference (the "Survey Area"). The Conditions
Survey shall include, at a minimum, the following components:
3.1. Consultant shall prepare maps to document the location of properties and
areas within and surrounding the Survey Area to reflect conditions, alternatives, and findings
related to the Conditions Survey, and, if applicable, to an urban renewal plan (the "Urban
Renewal Plan") for the Survey Area. Consultant shall collect additional information related to
the properties within and adjacent to the Survey Area, including public facilities, parcelization,
utilization of sites, ownership patterns, street layout, and physical condition of structures. Such
collection of additional information shall be based on property observations, information
provided by the Town and from key property owners, and from research of public records.
3.2. Consultant shall conduct a detailed on-site field survey of the Survey Area
to identify and document conditions that meet the criteria of a "blighted area" as defined by
C.R.S. § 31-25-103, including the following eleven factors:
a. Slum, deteriorated, or deteriorating structures;
usefulness;
utilities,
marketable;
other causes;
b. Predominance of defective or inadequate street layout;
C. Faulty lot layout in relation to size, adequacy, accessibility, or
d. Unsanitary or unsafe conditions;
C. Deterioration of site or other improvements;
f Unusual topography or inadequate public improvements or
g. Defective or unusual conditions of title rendering the title non-
h. The existence of conditions that endanger life or property by fire or
i. Buildings that are unsafe or unhealthy for persons to live or work
in because of building code violations, dilapidation, deterioration, defective design,
physical construction, or faulty or inadequate facilities;
j. Environmental contamination of buildings or property; and
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k. The existence of health, safety, or welfare factors requiring high
levels of municipal services or substantial physical underutilization or vacancy of sites,
buildings, or other improvements. Factors a-k are referred to herein as "Blight Factors."
Such on-site field survey shall include identifying and documenting conditions of blight
associated with Blight Factors a-f, and k above. Such on-site survey shall also include
interviews with appropriate Town staff, building managers of buildings in the Survey Area, and
owners in the Swvey Area in order to incorporate specific information related to conditions of
blight in the Survey Area described in Blight Factors g-j above.
3.3. Consultant shall prepare a draft report to document and illustrate the
Blight Factors present within the Survey Area. Such draft report shall respond directly to the
Blight Factors and shall address, at a minimum, the following key issue:
The extent to which the Survey Area constitutes a social or economic liability for
the Town, i.e. whether "the Survey Area's present condition and use, and by
reason of the presence of at least four Blight Factors, substantially impairs or
arrests the sound growth of the Town, retards the provision of housing
accommodations, or constitutes an economic or social liability, and is a menace to
the public health, safety, morals, or welfare."
Such draft report shall include a series of maps illustrating the location of specific blighting
conditions, representative photos illustrating such conditions, a bibliography of reports and
reference materials, and a property inventory.
Upon receipt of comments to the initial report by Town officials, the Consultant shall revise the
draft report and prepare a final report for consideration by the Town Board. Consultant shall
present in person, if requested by the Town, the final report. Such final report shall include, at a
minimum, the following documents:
a. Draft and Final Conditions Report.
Area, and
b. Conditions Maps
C. Photographic Presentation of the Physical Condition of the Survey
d. Base Maps.
3.4. All reports, analyses, written products, and other materials prepared for
the Town pursuant to this Agreement shall become and remain the property of the Town.
4. SCOPE OF SERVICES FOR THE URBAN RENEWAL PLAN. Consultant
shall be responsible for the supervision, labor, materials, equipment, and services to prepare and
provide the Urban Renewal Plan upon completion of the Conditions Survey, the finding of a
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blighted area, and upon receipt of written direction from the Town to proceed with the
preparation of an Urban Renewal Plan.
4.1. The Urban Renewal Plan shall include, at a minimum, the following
components:
a. Urban Renewal Plan Alternatives and Impact Analysis, which shall
include draft redevelopment plan concepts and alternatives, and an analysis of those
alternatives, including the capacity of the Survey Area to accommodate various levels of
revitalization, opportunities and constraints associated with parcel size and street
networks, and projected market conditions.
b. Feasibility Test, which shall include preliminary conclusions
regarding the feasibility of alternatives prepared during the task described in 4.1(a)
above, selection of catalyst projects within the Survey Area, and a final preferred plan
based on discussions with Town officials. The Feasibility Test shall include testing of
concepts through the development of pro-fornias designed to quantify potential operating
income, value, and any potential financial "gaps." Consultant shall also summarize
implications of the final preferred plan relative to short and long term objectives for the
Survey Area and community, actions required to make the Urban Renewal Plan a reality,
needs for any public improvements, any regulatory concerns, and the potential for
partnerships between public and private entities.
C. Tax Increment Analysis, which shall estimate the tax increment
potential (for both property tax and sales tax) within the Urban Renewal Plan area and
contain supporting impact documentation for the Town, Eagle County, or any other
taxing body as required by Colorado statutes. Consultant shall also assist the Town in
discussions with other taxing entities as necessary.
d. Urban Renewal Plan document, which shall reflect community
goals, market and social opportunities, and redevelopment benefits. Such document shall
also include urban design principles and objectives with feasible application in the
Survey Area, as well as identify the financial feasibility of potential projects in the
Survey Area and include strategies for implementing the Urban Renewal Plan and
projects within its boundaries. Such document shall include a concept plan map to
graphically present the Urban Renewal Plan within the Town, and through maps, photos,
and other graphics, demonstrate the vision for the Urban Renewal Area and communicate
the Urban Renewal Plan concept to the general public and Town officials. Such
document shall also include, at a minimum, the following:
(1) Urban Renewal Plan Map,
(2) Tax Increment Financing Analysis,
(3) County Impact Report, and
(4) Draft and Final Urban Renewal Plan.
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e. Urban Renewal Area Legal Description, which shall describe the
boundary of the geographic area proposed as the final Urban Renewal Area. Such Legal
Description shall be part of the Urban Renewal Plan document and shall comply with all
necessary public notification processes. The Town shall be responsible for the
preparation of the Legal Description by a licensed surveyor, and shall provide the
completed Legal Description to Consultant for inclusion in the Urban Renewal Plan.
f Additional On-Site Meetings, which shall include meetings with
appropriate elected or appointed boards and various stakeholder- audiences (at least three
meetings).
4.2. In the event the Conditions Survey finds that sufficient conditions do not
exist to support the designation of a "blighted area" as defined in C.R.S. § 31-25-103(2) or in the
event the "blighted area" is so small as to make redevelopment economically impractical, then
the provisions of this Section 4 and the provision of Section 5.2 shall be void and of no further
effect.
5. COMPENSATION.
5.1. In consideration of Consultant's perfonnance of the services described
under Section 3 during the term of this Agreement, the Town agrees to pay Consultant a lump
sum of $24,500.00.
5.2. In consideration of Consultant's performance of the services described
under Section 4 during the tern of this Agreement, the Town agrees to pay Consultant a lump
sum of $22,500.00.
5.3. For performance of any services specifically requested by Town, which
are not part of the services described in Sections 3 or 4, Town shall pay Consultant's standard
billable hourly rates ("Extra Work"). Prior to performing any such Extra Work, Consultant shall
provide a good faith estimate of the costs of such Extra Work and Town shall approve such
estimate and the performance of such Extra Work. Consultant's current rates for Extra Work are
$225/how- for principals and $95/hour for senior associates.
5.4. Consultant shall bill its charges for the services rendered to the Town as
follows:
a. For services rendered and payable under Section 5.1 or 5.2,
Consultant shall provide invoices to Town specifying what items in Sections 3 and 4 have
been completed, and bill those items as a percentage of total work to be completed under
the relevant Section. Town shall pay such invoices within forty-five (45) days of receipt.
Invoices shall be mailed to:
Town of Avon, Colorado
400 Benchmark Road
P.O. Box 975
Avon, CO 81620
Attn: Finance Director
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6. NOTICES. All notices or other communications between the parties shall be
directed to the following:
Town: Town of Avon, Colorado
400 Benchmark Road
P.O. Box 975
Avon, CO 81620
Attn: Town Manager
Blight Surveyor: Matrix Design Group, Inc.
1601 Blake Street, #200
Denver, CO 80202
Attn: Ken Schroeppel
7. SERVICES NON-EXCLUSIVE. This Agreement is non-exclusive and the
Town may engage others or use others to perform various services of the same or similar nature,
including on projects or for specific assignments upon which the Consultant is working.
8. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or
subcontract its rights or obligations hereunder without the prior express written consent of the
Town. Any attempt to do so without such consent shall be null and void and shall give the Town
the right to cancel and terminate this Agreement.
9. INSURANCE REQUIREMENTS.
9.1. The Consultant shall provide to the Town, at its own cost and expense,
proof of the insurance required by this Section 9. Such insurance shall be obtained from
financially responsible companies, licensed in the State of Colorado, and acceptable to the Town.
Prior to cancellation of or material change in any required policy, a minimum of thirty (30) days'
prior written notice shall be given to the Purchasing Division of the Town by means of registered
mail, return receipt requested.
9.2. Required Coverages:
a. Worker's Compensation in accordance with the Worker's
Compensation Act of the State of Colorado.
b. Commercial general liability insurance, with minimum limits of
ONE MILLION DOLLARS (S1,000,000.00), per occurrence, plus an additional amount
sufficient to pay related attorneys' fees and defense costs.
C. A certified copy of any required policy shall be provided to the
Town at its request.
d. The parties hereto understand and agree that the Consultant is self-
insured for professional liability and errors or omissions.
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e. The parties hereto understand and agree that the Town does not
waive or intend to waive the monetary limitations or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Colo. Rev. Stat.
24-10-101, et. secy., as from time to time amended, or otherwise available to the Town,
its officers, or employees.
10. PUBLIC CONTRCT-COMPLIANCE WITH C.R.S. 'Z 8-17.5-101. In
connection with this Agreement, Consultant qualifies as a "contractor" pursuant to Colo. Rev.
Stat. § 8-17.5-101(2), and Consultant certifies that, as of the date of this Agreement: (1)
Consultant does not knowingly employ or contract with an illegal alien; and (ii) Consultant has
participated or attempted to participate in the Basic Pilot Program (as defined in Colo. Rev. Stat.
§ 8-17.5-10](1) in order to verify that Consultant does not employ any illegal aliens. In
compliance with Colo. Rev. Stat. S 8-17.5-102(2), the provisions set forth in Exhibit B to this
Agreement are hereby incorporated herein and made a part hereof.
11. GOVERNING LAW. This Agreement shall be governed by the laws of the
United States of America and the State of Colorado.
12. ENTIRE AGREEMENT; AMENDMENTS. This Agreement embodies the
whole agreement of the parties. There are no promises, terms, conditions, or obligations other
than those contained herein, and this Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, among the parties hereto. This
Agreement may be amended only by written agreement by the parties.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials
to place their hands and seals upon this Agreement as of the day and year first above-stated.
TOWN:
Att
TOWN OF AVON, COLO O
B y: •c,~l c
att}~ cKenny own lerk
By:
Appr d: Larry o <s, own anager
By: s F
By:
Scott C. Wright, Finance D) ctor
Approved orni:
John Minn, Town Attorney
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CONSULTANT:
MATRIX DESIGN GROUP, INC. a Colorado
corporation
By:_
Name:
Title:
LELAND CONSULTING GROUP, INC. a
Colorado corporation
By:-
Name:
Title:
EXHIBIT A
SURVEY AREA
(see attached)
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EXHIBIT B
Consultant shall not:
a. knowingly employ or contract with an illegal alien to perform work described in
the Conditions Survey Agreement (the "Work"); or
b. enter- into a contract with a subcontractor that fails to certify to the Town that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform the Work.
2. Consultant:
a. has verified or attempted to verify through participation in the Basic Pilot
Program that it does not employ any illegal aliens or shall apply to participate in the Basic Pilot
Program every three months until Consultant is accepted or until completion of this engagement,
whichever is earlier;
b. shall not use Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while performing the Work;
C. shall be required (only if Consultant obtains actual knowledge that a
subcontractor perfornung the Work knowingly employs or contracts with an illegal alien):
i. to notify the subcontractor and the Town within three days that Consultant
has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
H. terniinate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (1) of this subparagraph (c) the
subcontractor does not stop employing or contracting with the illegal alien; except that
Consultant shall not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien; and
d. shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that such department is undertaking pursuant
to Colo. Rev. Stat. § 8-17.5-102(5).
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