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TC Council Packet 02-08-2000A Brief Synopsis of the Town of Avon Town Council Work Session Meeting Date: February 8, 2000 Councilmembers present: Mayor Protein Bob McIlveen, Councilors Jim Benson, Debbie Buckley, Rick Cuny, Mac McDevitt, Buz Reynolds. Councilmembers absent: Mayor Judy Yoder Lot C Discussion Larry Brooks introduced Dick Scheurer. Mr. Scheurer explained what would be happening with the special districts between now and the election on May 2°d. They are restructuring agreements and districts so they are stand alone developments. We are looking at an amendment to the development agreement which restates obligations. Looking at a method to create a new special district. Getting approval from the Town of Avon is the first step in approving a district plan before it can go to district court. After Town approval there will be a new development plan to take place of the existing plan. Buz questioned if the obligation of the mall area will continue with the new district. Bill said we are working with Gary White on that. Mr. Scheurer said Council has to decide if this new district can stand on its own. It appears that it can. Tonight's ordinance for land use approval is the first step. Bill said we are reiterating to the applicants that packet stuff must be timely so we can get the info to Council on time. Mr. Scheurer says February 22°d is a key date to the applicant in order to get on the May election. Mr. Scheurer said our goal is to make sure there is no slippage of improvements or revenue sharing. We are making sure they are responsible for what they signed on to originally, no matter what district it is. Bill said there will be some minor changes on second reading. Fire District Update Mayor Protein McIlveen said there is a meeting on February 16d' to look at trying to put together a plan for loan approval. Proponents will do something similar to the transportation tax. They need to plan how to fund it and market it. We will probably get together with the fire department to get the positive and negatives of being in a consolidated district. Mayor Protein McIlveen said the actual capital costs are on our bottom line now, a district will get that off our records. Everyone will pay their fair share. Existing equipment we will probably be given over to the district. The new equipment will be the burden of the district. Mayor Protein McIlveen said if the district passes the May election and a board is elected, they will be meeting to figure out how all this will work. The tax won't start until January 2001. If Beaver Creek opts not to join in May, they may try in November and then could join into another ward. They will fall under the board member elected to that ward. They will not be able to elect their own board member. Bill said we are doing an informal meeting next week with the fire department employees to see what their concerns are. Councilor McDevitt asked if we are responding to Beaver Creek right now without an agreement. Fire Chief Moore said we are working on an amendment to the agreement, but they are still under the existing agreement. Other Vail Valley Foundation Athlete's Fund Bill Efting informed Council on the Vail Valley Foundation Athlete's Fund. It helps the local athletes. Donations are $5,000-$10,000. We discussed this a few years ago and Council decided then not to do donate anything. Bill has information if any Council is interested. Councilor McDevitt asked why they didn't submit a request at budget time. Council agreed that if we donated to that fund, we would have to support the SOS, the Boy Scouts, etc. Councilor Reynolds felt it would be better to set aside a certain amount and allocate it to these different entities. Bill said the system for donating funds that we have now is probably best. Councilor Buckley agreed that we should set aside an amount and then allocate funds. County Rail Program Bill commented on an article in the newspaper on the county rail program. Bill said he called Jack Ingested to get more information. Jack said the grant application was last minute, but the County Commissioners wanted to move forward. Bill asked Jack when is the next meeting and when will Avon be included. He is waiting to hear back. Tentatively scheduled BWS for 2/23 at 8:00 AM. February 15, 2000 Worksession Bill said there will probably not be a work session next week. Flags on Avon Road John Gamsey asked if he could put up Beaver Creek flags in the roundabouts to replace our Christmas banners. They would promote Beaver Creek and Avon at the same time. Council agreed. I-70 Waterfall Councilor Benson asked if we were putting the new logo on the waterfall on I-70. Bob Reed will look into that. Golf Course Update Bill said we are hoping to have estimates on the golf course in 2-3 weeks. Councilor Cuny said that we should structure the fees so that it is a real advantage for the Avon resident. Also need to build a first rate course that people will want to play. Bill said Stan Bernstein will run a bunch of different scenarios once we get the numbers. Sales Tax Update Bill said sales taxes are up 4% over last year. Liquor Store Lawsuit Burt Levin said the Douglas Management Liquor Store case is probably going to get thrown out. Community Development Updates Mike Matzko said they have had productive meetings with Chilli's restaurant. They are coming back to P&Z about the sign. It is looking good. Mike said the fence at Avon Auto Body is complete. Mike showed photos. Consent A eg nda Bill reminded Council that the Thunderbirds Art Festival is when we will be closing the street and holding a concert. You will see contracts on the consent agenda. Council discussed Lot C being torn up for construction, and talked about moving the location. Bill said he is setting up a meeting of the Avon merchants so they can get involved in special events. Town Council Meetings Roll Call Check Sheet Date: 2/8/00 Jim Benson Debbie Buckley V Rick Cuny / Mac McDevitt Bob McIlveen Buz Reynolds Judy Yoder Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: McIlveen, Reynolds, Cuny, Yoder, McDevitt, Buckley, Benson nr C'?'_,?'?{1 r l,l ® STATE OF COLORADO ) COUNTY OF EAGLE ) TOWN OF AVON ) SS NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL-BE HELD FEBRUARY 8, 2000, AT 4:15 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:15 PM - 4:45 PM 1.) 4:45 PM - 5:00 PM 2.) 5:00 PM - 5:20 PM 3.) n U Lot C Discussion Fire District Update Community Development Update Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC TOWS OF AVON, COLORADO BY: 1Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 4,2000: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY r? ?J 0 memorandum To: Honorable Mayor Yoder and Town Council From: Larry Brooks, Assistant Town Manager Thru: Bill Efting, Town Manager Date: February 2, 2000 Re: Lot C Attached please find two documents regarding the process related to the approval of the Lot C project. 1. A memo from Gary White which summarizes the means under which Lot C will form its own district, and V.A. will form a "Confluence Metropolitan District Is No. 2". 2. A draft timeline for the organization of Lot C Metro District. We will have Dick Scheu_rer here to go through the process that will be required of the Town and the districts. There are many steps and a great deal of work for all concerned between now and May 2. We are fortunate to have Dick's help through it all. "d U r,"y1.Wxs Kurro D.RW LIM" S. MATU C"o"s U. Row= Togo 1V. WAUACs I?I'I'E A.ND S. oCiATES FiOT8SS10NAL CORPORATION ATTOLNLTS AT LAW 8009 S. CRUM $yam, Sues 123 b"Umooo. CoiORmo 8o112-'5524 TsHaows 003) SWIM Fnawas (303) S58-1901 Deccpmber 30,1999 Mr. Burton Imo, Eaq Town of Avon Attorney 40013=cb= rk Road, Box 975 Avon, CO 61620 - CoitIIaea ce Metropolitan Distriet/Lot C Mauves Ews"am 5"CNLL OUMCV Un UWAMi. ylVMCRN- LM Un me AMM U"M LAW, AM Dsvuorwn FWMM" Dear Burt This letter summarises the concepts we, discussed on December 10, 1999 reWdmS Vi special district interests of sal for separation of their property (Lot from the stana's propo Vail Associates. Vistana and Vail Associates have agreed upon tho following steps, sab'eci to Town app weal. Vista" and ursuaat to the terms of an exclusion of its property from that district conditioned aeon p "Exclusion Agreement" (doWDI)cd in paragraph 4 below). and to which will be attached to a fom4 of Intergovernmental Agreement ("1GA'I descn'bed in paragraph 5 below. 2. Vistana will petition the Town of Avon ("TowA") for formation of a new district for Lot C (the 'Ut C District', and VA will petition the Town for Sonmation of a CouOuenoe Metropolitan District No. 2 ("Confluence 2") to re-establish a dual district structure as respect 10 VA's property holdings in Conflucam Vistma may elect a dual district structure as welL The result of the foregoing steps will be to isolate the property holdings of VA and Vistaw in their own separate distriet(KI 3. The Avon Station property wiU remain obligated to Confluence pursuant to the terms of a Master intergovernmental ABraent ("Mastear IGA') described in the existing Avon through mill levies in payment of StatioutConflue= service play The property will participate A ./ 41I WAIi77f Vi.1f JV.7VJVi VVi Ww'K 1G . W .•.:..avv .??? .rar r Mx. Burton Levin, Esq. Re: Confluence Metropolitan Distria4 of C Matters December 30,1999 Page 2 the cost of infrastructure identified in the existing ConfluencclAvon Station service plan that benefits all property interests (the "Regional Infrastructure'). 4. The Exclusion Agreement identified in paragraph 1 above will provide that Vistana's property is to be excluded frosts Avon Station on condition that the Lot C District is formed for the property for purposes of catering into the IGA (described below) with the Confluence districts. S. The IGA will create cost sharing obligations that burden the Vistana and VA properties to the extent of 45 mills. The agreement will be voted as general obligation debt of each of the districts to pay for the non-parking improvements identified in the existing service plan. The IGA will be fully negotiated and attached as an cxhibit to the Exchn ion Agreement setting forth the details of the business agreements of VA and Vistana with respect to the Regional Infrastructure, the issuance of bonds for those improvements, and the certification of mill levies to pay the bonds. The service plan for the now Lot C District will contain the proposed IGA and obligate the Lot C District to execute that IGA at its organizational meeting. After execution of the IGA by each of the districts, Vistans may elect to dissolve the Lot C District subject to a dissolution plan that obligates its board to remain in existeam for purpose of certifying the IGA mill levy. Tlne basic elements of the dissolution plan will be set forth in the IGA. ® 6. The Vistana petition to the Avon Station board for exclusion of its property will be conditioned on rho terms of the Exclusion Agreement and the IGA ox]n'bit. The petition can be acted on as soon as the agreemenu are prepared, a petition is filed with the Avon Station In nt'hIM ar cal be accomPlishcd only as the required agreemenr are frilly negotiated: which I suspect may fall outside the time limits of tlu due diligence which Vistana is currently conducting on tl? Lot C property. The formation of the Lot C District, TABOR authorization of its mill levies. and TABOR authorization of the general obligation nature of the Regional Improvements IGA will be voted in May, 2000. If the Lot C District is not successfully organized, or the ballot questions are not approved in May 2000, the exclusion of the Vistana's property from Avon Station will be nullified. If the elections are successful, the Avon Station board will file an exclusion order with the court excluding the Vistana property from all min. levy obligations of the Avon Station and Confluence districts except those specifically contemplated in the IGA. 7. District issues for VA's property will be addressed in an amended service plan. calling for the creation of the new Confluence 2 district and calling for The restructuring of the existing Confluence &tr ict. Lot C District issues will be addressed in a separate service plan. 01/02/1997 02:17 3038581801 WHITE AND AIAM r W. Burton LM* Esq. Re: Confluence Mcuopohtan District/IA C Mahan December 30,1999 page 3 ou with a general idea of `Tistam and Vail AssociUm' p1a1,s This latex Provides y concemin8 Lat C. At your earliest ronvealience we would like to sit down with you and discuu approval of these these matters at length and develop a wmkablo timeline for To "Vim il a1?° matters. If you have any questions pie do not to hesitate to giv* us Very truly Yours. Wl. M AND ASSOCIATES Profcssiond Corporation Todd W. Wallace TWW:sal ec: James S. Mandel, Bscq. Alex Iske ndnisn+ P.aq. Matthew 7. Hog=6 Esq- E C] C,, MTMTwW1220122M 0466b =l) A DGiGlff4 TIMELINE FOR ORGANIZATION OF LOT C METRO DISTRICT January 6, 2000 Work Session between Vistana, Town of Avon, and White & Associates Draft IGA between Confluence, Avon Station and Lot C submitted for review and comment January 7, 2000 Notice of Exclusion Petition to be heard at 1/28/00 Avon Station meeting filed with Eagle Valley Enterprise January 11, 2000 Exclusion Petition, Resolution, Motion, and Order completed and ready for filing with Avon Station Work Session between Lot C District accountant, Town of Avon accountant and White & Associates January 13, 2000 Comments and changes due to Vistana counsel Matthew Hogan prior to 2:00 PM MDT January 14, 2000 Work Session between Town of Avon Attorney, White & Associates and Matthew Hogan January 17, 2000 Exclusion documents submitted to Avon Station Metro District January 18, 2000 Draft Service Plan for Lot C submitted for review and comment Draft Exclusion Agreement submitted for review and comment Draft Amended Development Agreement submitted for review and comment Week of January 24, 2000 Meeting between Shapiro Development, Alex Iskenderian of Vail Resorts and White & Associates January 25, 2000 Comments and changes for Lot C Service Plan, Exclusion Agreement and Amended Development Agreement due to White & Associates January 28, 2000 Avon Station Metro District meeting addressing Exclusion issues January 31, 2000 Notice of Hearing before Town of Avon published February 1, 2000 Lot C Service Plan filed with Town of Avon along with IGA, Exclusion Agreement, and Form of Resolution as Exhibits February 2-17, 2000 Call for Nominations-designated election official shall provide notice for call to nominations February 4, 2000 Lot C Service Plan filed with Division of Local Government February 8, 2000 Town of Avon regular meeting Prepare Resolution of Approval for Lot C Service Plan Prepare Petition that will need to be circulated for signatures and submitted to District Court after Service Plan Hearing Draft of Amended Confluence Metro District Service Plan submitted for review and comment February 11, 2000 Confluence and Avon Station regular meeting. All agreements needed to be approved should be on agenda February 15, 2000 Comments and changes to Amended Confluence/Avon Station Service Plan submitted to White & Associates Week of February 21 Town of Avon Special Service Plan Hearing bruary 22, 2000 Town of Avon regular meeting aruary 25, 2000 Confluence and Avon Station regular meeting. Approval of Amended Service Plan should be on agenda Self nominating and acceptance forms due for directors wishing to run for election February 28, 2000 Write-in affidavit/petitions due for directors wishing to run March 8, 2000 Certification of ballot contents by DEO to County Clerk and Recorder Week of March 13, 2000 File Petition of Organization with District Court with Resolution approving Service Plan. Court hearing scheduled 2040 days after filing petition Clerk of Court notifies Assessor, BOCC and DLG that petition has been filed and boundaries of the District CJ E ? M V • March 13-Court Hearing Publish Notice of Court Hearing and mail notice to all interested Date parties March 31, 2000 Official Ballots in possession of DEO Mail Ballot Notice Send affidavit of publication and affidavit of mailing to District Court April 3-24, 2000 District Court hearing authorizing election for Lot C District Send copy of court order to Elections Clerk and Secretary of State -)ril 7, 2000 Last day for changes in boundaries of precinct and changes in polling places April 7-21, 2000 Notice of election in newspaper April 17, 2000 Working on postcard notice to eligible electors May 2, 2000 Election VISTANAIMISCITW W 1323011200 0543.2000 U] 3 TOWN OF AVON ® REGULAR COUNCIL MEETING AGENDA 1. Call to Order / Roll Call 2. Citizen Input February 8, 2000 - 5:30 PM 3. Ordinances a.) Second Reading of Ordinance No. 00-01, Series of 2000, An Ordinance Approving an Amendment to the Wildridge PUD and Approving the Grandview at Wildridge PUD and Development Standards for Lot 45, Block 2, Wildridge Subdivision, Town of Avon, /? V Eagle County, Colorado PUBLIC HEARING b.) First Reading of Ordinance No. 00-02, Series of 2000, An Ordinance Conditionally Approving a PUD Development Plan (Including Development Standards) for Tract C, Avon Center at Beaver Creek Subdivision, and Authorizing Execution of a Development Agreement 4. Resolutions 5. Unfinished Business 6. New Business 7. 8. 9. 10. 11. 0 12. Town Manager Report Town Attorney Report Mayor Report Other Business Consent Agenda a.) Approval of the January 25, 2000 Council Meeting Minutes b.) Resolution No. 00-09, Series of 2000, A Resolution Approving the Final Plat, A Resubdivision of Lot 22, Block 2, Wildridge, Town of Avon, Eagle County, Colorado c.) Contract with New Shoes Band for Thunderbird Arts Festival d.) Contract with Good Times Entertainment for Thunderbird Arts Festival e.) Agreement Letter for Professional Services - Maxwell Consulting Services f.) Financial Matters Adjournment, t t J .'7 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne Date: Fdxk-uy3, 2000 Re: Second Reading of Ordinance 00-01, An Ordinance Approving An Amendment to the Wildridge PUD and Establishing the Grandview at Wildridge PUD and Development Standards for Lot 45, Block 2, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado. • Summary: Bob Mach has submitted a PUD application for Lot 45, Block 2, Wildridge Subdivision. This PUD amends the original Wildridge PUD, which designated the lot for a four-plex development. The PUD proposes two-duplex units with a maximum height of 327 (37 below the allowable height in Wildridge). Each unit has a maximum square footage of 3,000 square feet. The proposed site coverage is 13% for the total project. Recommendation: On January 18, 2000, the Planning and Zoning Commission held a public hearing and voted unanimously to adopt Resolution 00-1. Proposed Motion: "I move to approve Ordinance No. 00-01 for second reading for an amendment to the Wildridge PUD establishing the Grandview at Wildridge PUD Plan and Development Standards for Lot 45, Block 2, Wildridge Subdivision, Town Of Avon, Eagle County, Colorado." Alternatives: 1. Approve E 3. Deny the application 2. Approve with conditions Memorandum to Council from R. Borne, Grandview at Wildridge PUD February 3, 2000 Page l of 2 r • Attachments: 1. Ordinance 2. Planning & Zoning Commission Staff Report 3. Planning & Zoning Commission Resolution 00-1 4. The Grandview at Wildridge, Lot 45, Block 2, Wildridge Subdivision PUD Development Plan Set 11 Memorandum to Council from R. Borne, Grandview at Wildndge PUD February 3, 2000 Page 2of2 • TOWN OF AVON ORDINANCE NO. 00-01 SERIES OF 2000 AN ORDINANCE APPROVING AN AMENDMENT TO THE WILDRIDGE PUD AND APPROVING THE GRANDVEW AT WILDRIDGE PUD AND DEVELOPMENT STANDARDS FOR LOT 45, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Bob Mach has applied for approval of a PUD Development Plan and Development Standards for the Grandview at Wildridge PUD, Lot 45, Block 2, Wildridge Is Subdivision; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on January 18, 2000, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Development Plan and Development Standards; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the proposed PUD Development Plan and Development Standards to the Town Council of the Town of Avon; and WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2000, at which time the public was given an opportunity to express their opinions regarding the proposed Development Plan; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council Is were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the Grandview at Wildridge Planned Unit Development (PUD) is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the Grandview at Wildridge PUD development plan and development standards complies with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Grandview atWildridge PUD Development Plan and Development Standards are hereby approved. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 25 day of January., , 2000, and a public hearing shall be held at the regular is meeting of the Town Council of the Town of Avon, Colorado, on the 8th day of February 2000, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council (9y Yoder, a or INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council Judy Yoder, Mayor C ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 11 Town of Avon ® PUD Staff Report January 18, 2000 - Planning & Zoning Commission meeting Report date January 14, 2000 Project type Planned Unit Development (PUD) and Rezoning Legal description Lot 45, Block 2, Wildridge Subdivision Current Zoning Planned Unit Development (PUD) - Four-plex Address 2520 Old Trail Road Introduction The property is currently zone for a four-plex residence. The applicant is seeking approval for an amendment to the Wildridge PUD to allow two (2) duplex residences on the site. The applicant has submitted PUD plans to comply with the Town's policies and procedures. Attached for your review are 10 items which support the basis for approving the applicant's proposal. PUD Review Criteria 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a benefit to the community and be compatible with surrounding development. This PUD Amendment will result in a development that is more compatible with the surrounding neighborhood. The project is located near a Victorian style single-family residence project known as Canyon Oaks. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The project is consistent with the design theme of the Town and will work well with the adjacent properties by preserving the views from the road and providing more open space than a four-plex. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The project is located on a lot with difficult access and has a small swale, which lends itself to creating two duplex residences on the site. The overall height for this project will be 3'0" lower than allowed in Wildridge. The units are also limited to a maximum square footage of 3,000. Thus, the project fits well with the site conditions, diminishes site disturbance, takes advantage of the existing grades, and is designed to fit well within the neighborhood. 4. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. By creating two buildings a swale is created between the two structures which will create a more scenic view from the road and provide for better drainage. 5. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Town of Avon Community Development f: &zlstaff r (970) 748-4030 Fax (970) 949-5749 ?P eports12000Vot45b2wrpud.doc Proposed Zone Change and Planned Unit Development Lot 45, Block 2, Wildridge Subdivision January 18, 2000 Planning & Zoning Commission meeting Page 2 of 3 The location of the two duplexes will allow more open space, and enhance the views up the valley rather than impeding them with a large 4-plex project. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the town transportation plan. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The project as proposed will reduce the appearance of surface parking. See, Comments under #4 and #5. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. All public services are adequate. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. Traffic will not be increased by two-duplex residences rather than a 4-plex. 12. Development Standards The development standards provide for 2 duplex residences consistent and in some areas more restrictive than the current development standards in Wildridge Subdivision. Setbacks: the proposed setbacks are consistent with current zoning: Front: 25'0" along Old Trail Road Rear: 25'0" Side: Minimum of 10'0" Height: The maximum building height will be limited to 32'0". Current zoning allows for 35'0". Density: Four total residences in two buildings Site Coverage: 12% site coverage - allowed under the current zoning 50% site coverage Landscaping: 25% of the area will be landscaped. Parking: Required to have 12 parking spaces, the project will have 16 parking spaces. Snow shedding and storage: 20% of the impervious surface is required under current zoning. The applicant is proposing 20% of the impervious surface for snow storage. Also, there is an existing snow storage easement, which will allow for significant pervious snow storage. Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 Proposed Zone Change and Planned Unit Development Lot 45, Block 2, Wildridge Subdivision January 18, 2000 Planning & Zoning Commission meeting Page 3 of 3 Summary and Recommendations Staff recommends approval for the PUD Development Plan for Lot 45, Block 2, Wildridge Subdivision. Recommended Motion I move to approve Resolution 20-1 recommending approval to Avon Town Council for the Grandview at Wildridge PUD Plan on Lot 45, Block 2, Wildridge Subdivision for (2) two duplex residences consistent with the plans dated January 11, 2000. If you have any questions regarding this project or anything in this report, please call me at 748-4009, or stop by the Community Development Department. Res ectf lly submitted, Ruth O. Borne E C. Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749 GRAND WEST o DESIGN GROUP o architecture • planning • cad technology WRIGHT DUPLEX 1. Two 2 story, (low-rise) modest duplexes proposed. 2. In a style not used yet in Wildridge, these buildings are a unique Alpine style well suited to Wildridge, 3. Duplexes will provide a much more appropriate transition between the Snowberry townhome 4 plex (lot 46 block 2) and four single family Victorians (lot 43 block 2) than another 3 story 4 plex would. 4. The proposed duplexes are at a modest 29-foot maximum height. The average height is an even more modest 23 feet A three story 4 plex would continue the visual barrier to the hillside above with ridgelines 33-34 feet high. This will be a minimum 120' across-"like most other 4-plexes. 5. Buried deeply into the hillside the duplexes appear to be a maximum of approximately 14 feet tall from the rear. 6. Breaking up the building mass will elevate surrounding property values instead of devaluing them. The neighbors will be fully supportive of our modest proposal. 7. The steep hillside behind the two proposed duplexes will drain much better than a 100' to 140' long monolithic structure. The proposed duplexes allow runoff to pass between them in a swale. 8. We also cite precedence in support of our proposal. The four Victorians are a PUD of a 4 plex lot. The three duplexes across Old Trail (lot 89 block 1) are a PUD of a 6 plex lot. 9. We submit to you that this project actually results in less perceived density rather than more perceived density dwato the factors. cited above. io. In summary, our design will complement the neighborhood, address and minimize drainage problems, help preserve view corridors and will be a positive addition to Wildridge. ?:J • TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 00-1 SERIES OF 2000 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF AN AMENDMENT TO THE WILDRIDGE PUD AND APPROVAL OF THE PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR GRANDVIEW AT WILDRIDGE, LOT 45, BLOCK 2, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Robert Mach has applied for an amendment to the Wildridge PUD to establish the Grandview at Wildridge PUD, Lot 45, Block 2, Wildridge Subdivision. WHEREAS, after notices required by law, a public hearing was held by the Planning & Zoning Commission of the Town of Avon, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the PUD Development Plan, attached hereto as Exhibit "A," and WHEREAS, pursuant to Section 17.20.110. H of the Avon Municipal Code, the Planning and Zoning Commission has considered the following design cirteria: 1. Conformity with the Avon comprehensive plan goals and objectives; 2. Conformity and compliance with the overall design theme of the Town, the sub-area design recommendations and design guidelines adopted by the Town; 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation; Planning & Zoning Commission Resolution 00-01, Series of 2000 January 18, 2000 Page 2 of 3 4. Uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity; 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed; 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community; 7. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation that is compatible with the Town transportation plan; 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function; 9. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases; 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection; 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. 11 • Planning & Zoning Commission Resolution 00-01 Series of 2000 January 18, 2000 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends to the Town Council of the Town of Avon, Eagle County, Colorado to approve the amendment to the Wildridge PUD to establish the Grandview at Wildridge PUD, Lot 45, Block 2, Wildridge Subdivision, as described on Exhibit A, based upon the following findings: 1. That the Grandview at Wildridge PUD is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. C] 2. That the Grandview at Wildridge PUD development plan and development standards complies with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. ADOPTED THIS 18th DAY OF JANUARY, 2000 Signe . Date: ? u t_tlr? mss, Chair Atte L 1 Secretary Date: 9 L:1iyD7G?1r?c ?EG??ID ? (?51T? PLAN SUMMARI' ? •uiNfl7r ¦ri¦ r B-. -? - iN - r \ \ \ \ per` IU ""- _ / M?6 -IV M1 4 ,fm ? 100`13 ray fix 600 .- - '? .•-? .? • a Dar-4Ma M .Na.K sr?.or .~ nonm, ? . -... ¦-- - - _y- ` a _ 14- -12 ¦ - .10 -go- - r ----'-'y---¦ `?`\ yam` a.?\\\.` `\? \?`^+? \\ \\ \ ?\ .,?` / `\ \ \ \ \ Is- jk, -12 itr gar " \ \ \ k5-- JIF -FZ \ \ \ \ \ • - N'? e\ e \ \ R `\0 it \ \ a / ??? \ V v -lei ICE#?? ;A VIC, \ \ GRAPHIC SCALE I ?hcET .,4DEX Al At MAIN VNI A3 A4 61 POU%ICATION 62 63 2nd FLOOR 34 \ \REA MAP + 1I Imumm SG P.Q.Q. DEVELOPMENT GUIDE A. OBJECTIVE: TO PROVIDE TWO DUPLEX PROPERTIES EACH WITH M A BUILDING FOOT PRINT OF IMPERMEABLE SURFACE NOT TO EXCEED 3.000 SQUARE FEET. EACH DUPLEX SHALL BE LIMITED TO A MAXIMUM OF 3,000 FINISHED SQUARE FEET GROSS RESIDENTIAL FLOOR AREA' AS DEFINED IN SECTION 1.10 OF WILDRIDGE PROTECTIVE COVENANTS FIRST RECORDED (JULY 12, 1979 AND ARE ENTITLED 'RESTATEMENT OF AND THIRD AMENDMENT TO PROTECTIVE COVENANTS OF WILDRIDGE SUBDIVISION IN THE TOWN OF AVON, EAGLE COUNTY, COLORADO. 1. GRANDVIEW AT W'R.DMRDGE IS LOCATED WHOLLY WITHIN WLDRIDGE PUD SUBDIVISION AND SHALL BE SUBJECT TO ALL OF THE REQUIREMENTS AND CONDITIONS WITHIN THE ABOVE NAMED 'PROTECTIVE COVENANTS' EXCEPT AS MAY BE SPECIFICALLY SHOWN ON THIS PLAN. tHE SHARED DRIVEWAY DRAINAGE, UTILITY LANES AND LANDSCAPED AREAS SHARED IN COMMON BY LOTS 45A, 458, 45C, AND 45D FOR THE USES COMMON TO SUCH ELEMENTS WITHIN THE SUBDIVISION. MAINTENANCE OF THESE ELEMENTS SHALL BE THE RESPONSIBILITY OF THE OWNERS OF SAID LOTS AS SPELLED OUT IN AN AGREEMENT TO BE RECORDED WITH THE PROPERTY DEEDS FOR EACH LOT. 0 B. BUILDING DEVELOPMENT STANDARDS 1. mAXIMUM BUILDING HEIGHT: 32--0- 2- bUILDING SETBACKS FRONT 25' ALONG OLD TRAIL SIDE: 10' REAR: 25' INTERIOR: AS SHOWN AT SHARED DRIVEWAY 3: MAXIMUM SITE COVERAGE: 35X 4. MINIMUM LANDSCAPED AREA.25% 5. MAXIMUM DENSITY: 4 TOTAL RESIDENCES IN 2 TOTAL BUILDINGS. 6. SNOW STORAGE AREA. 20X OF IMPERVIOUS AREA C: PARKING REQUIRED: 3 SPACES PER HOME 12 D: PARKING PROPOSED: 2 OUTSIDE SPACES 2 GARAGED SPACES EA. TOTAL. 16 E: PROPOSED SIZE CRITERIA: 1. TOTAL SITE 1.37 ACRES 59,677.2 SF. 2. MAXIMUM IMPERMEABLE FOOTPRINT PER DUPLEX BLDG. - 2,800 SF. MAXIMUM BUILDINGS X 2 3. IMPERMEABLE AREA:- ASPHALT DRIVE/ PARKING 5800 S.F. S.F. 6.000 4. LANDSCAPE AREA SF. 14,000 S.F. 5. SNOW STORAGE: S.F. jg000 S.F. F. SITE ANALYSIS REQUIRED PROPOSED SITE COVERAGE: 50% MAX. 12% LANDSCAPED AREA 25% MIN. 25X SNOW STORAGE: 20% MIN. tOX 1. DEVELOPMENT STANDARDS FOR THE GRANDVIEW PUD SHALL BE AS OUTLINED. 2. COMMON LANDSCAPED AREA: TO BE PLANTED BY THE DEVELOPER AND MAINTAINED BY THE OWNERS OF THE LOTS WITHIN THE DEVELOPMENT. 3. RUBBISH CONTAINERS SHALL BE STORED IN GARAGES UNTIL COLLECTED. AT INDIVIDUAL UNITS. 4. COMMON LANDSCAPE AREA: SHALL BE PLANTED WITH A MIX OF EVERGREEN, ASPEN, AND NARROWI,EAF COTTONWOOD TREES SPREAD THE LENGTH OF THE COMMON AREA. sHRUSS SHALL BE A MIX OF SAGE AND WIDFLOWER& SODDED GRASS MALL BE A MAXIMUM OF 10X OF COMMON AREA. 5. ALL LOTS: SHALL BE BUFFERED FROM OUTSIDE THE PROPERTY WITH THE SAME SHRUB MIX AS THE LANDSCAPE ZONE. 6. WHERE POSSIBLE, LANDSCAPING SHALL BE INTEGRATED WITH EXISTING GRASSES , SHRUBS, AND SAGES 7. ANY ISSUE NOT ADRESSED BY THE PUD APPROVAL GRANTED HEREBY SHALL BE GOVERNED BY THE TOWN OF AVON ZONING CODE 8. THE MAXIMUM IMPERVIOUS SURFACE OF EACH LOT SHALL NOT EXCEED 35% SITE DEVELOPMENT STANDARDS RESIDENTIAL DUPLEX A. ALLOWED USES: 1. 4 RESIDENTIAL DWELLINGS. B. SPECIAL REVIEW USES 1. HOME OCCUPATIONS 2 ABOVE GROUND PUBLIC OR PRIVATE UTILITY INSTALLATIONS C. DEVELOPMENT STANDARDS 1. MINIMUM LOT SIZE:6,000 SQUARE FEET 2 MAXIMUM BUILDING HEIGHT: 32 FEET 3. MINIMUM BUILDING SETBACKS ZERO LOT LINE AND AS SHOWN ON PUD PLAN. 4. MAXIMUM SITE COVERAGE 3OX 5. MINIMUM LANDSCAPED AREA. 25X 6. MAXIMUM DENSITY: ONE RESIDENCE PER LOT 7. MAXIMUM ALLOWABLE FINISHED GRADE ON EACH LOT 2:1 SLOPE OR RETAINED BY AN APPROVED METHOD. PUD SIGNATURE BLOCKS OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT BEING THE SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY DESCRIBED AS FOLLOWS: LOT 45, BLOCK 2 WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY WE AGREE TO DEVELOP THE PLAN AS DEPICTED ON THIS SITE PLAN BY ROBERT A. MACH - 4A7?-? P.O. BOX 18195, AVON, COLO. 81620 THE FOREGOING SIGNATURE . ACKNOWLEDGED BEFORE ME THIS DAY OF , 2000 BY MY COMMISSION EXPIRES: WITNESS MY HAND AND SEAL NOTARY PUBLIC TOWN CERTIFICATE THIS PLANNED UNIT DEVELOPMENT AND THE USES, ZONING STANDARDS, AND DENSITIES ARE APPROVED FOR THE GRANDVIEW PUD, {ORDINANCE ) BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO INS DAY OF .2000. FOR FILING WITH THE CLERK A THE TOWN OF AVON FOR ND RECORDER OF THE COUNTY OF EAGLE. SAID APPROVAL SHALL IN NO WAY OBLIGATE BY THE TOWN OF AVON IS AYCONSENVT ONLY S ANAND APPROVAL OF THIS SITE PLAN D E NOT TO BE CONSTRUED AS AN APPROVAL OF THE TECHNICAL CORRECTNESS OF THIS PLAN OR ANY DOCUMENTATION RELATING THERE TO WITNESS MY HAND AND SEAL OF THE TOWN OF AVON BY. THE TOWN COUNCIL OF THE TOWN OF AVON BY :JUDY YODER MAYOR ATTEST: HILMER, DEP. TOWN CLERK CLERK AND RECORDER'S CERTIFICATE: THIS PLANNED UNIT DEVELOPMENT WAS RLEDFOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER AT O'CLOCK M. 2000 AND IS DULY RECORDED IN BOOK PAGE NO. _. CLERK AND RECORDER BY. - DEPUTY 11 E r L?J m +?q 0I ! it I ' I I '? 1 i Ll OF ------'--------- ---___--? ?e I I II ?---------=----y 41 0-4150, 15"R,*OA4110N ft vjRwwmnm ? :Mwtz rnccoawr soma P& aoa SPX40.AM VAN D"M amcm II i ? I I I r '.ME..M ? Idl Idl I I WON -------------------- ---- - -------- ----------- I II I II i I ___J?'--====t=====_____ X201 ELMVAU11 11 L-- '? " ' ' I I I ?UTF? ?fLEYATION O . F a % mu oft A2 Y??oK 2 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Michael Matzko, Director of Community Developmen ..-.- Date: February 2, 2000 Re: ORDINANCE 00 -02, AN ORDINANCE CONDITIONALLY APPROVING A PUD DEVELOPMENT PLAN (INCLUDING DEVELOPMENT STANDARDS) FOR LOT C, AVON CENTER AT BEAVER CREEK SUBDIVISION, AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT Summary Attached for First Reading is Ordinance 02, Series of 2000, which conditionally approves a PUD Development Plan (including development standards) for Lot C, Avon at Beaver Creek Subdivision and authorizes the Mayor to execute a Development Agreement. The project is a mixed-use PUD, to be constructed in three phases. The project includes timeshare, hotel, office and retail, and employee housing, as follows: Timeshare units: 133 units Hotel: 125 rooms Employee housing units: 20 units Retail/office commercial: 31,850 square feet Gross Leaseable Floor Area On December 21,1999 the Planning and Zoning Commission held a public hearing and recommended approval (with conditions) of the proposed PUD Development Plan. Town Council has since conducted two work sessions with the applicant. The attached Development Plan and Development Agreement reflect the substance of those discussions. Discussion Ordinance 02 is the legislative instrument for approving the PUD Development Plan and associated Development Standards. It also authorizes the Mayor to execute the Development Agreement with the property owner, Vail Associates Investments, Inc. Staff memo to Town Council, February 2, 2000 Page 1 of 2 Re: 1 st Reading of Ordinance 00-02, Lot C PUD The Development Agreement amends the existing "Development Agreement - Confluence and Tract C," executed in October 1998, only as it relates to Lot C. All other provisions of the 1998 Agreement remain in effect, including those relative to the Confluence and Lot B. Council's adoption of Ordinance 02 is conditioned upon execution of the Development Agreement. In addition to restating key elements of the Development Plan, the Development Agreement addresses the following issues: • Sharing of tax revenues generated by rental of hotel rooms and transfers of real estate; • Assessment and collection of Recreation Amenities Fees; • Project phasing including development of commercial space and the hotel • The review and approval process subsequent to PUD Development Plan approval. Due to ongoing discussions between the applicant and Town staff, there may be additional changes to the Development Plan and Development Agreement prior to the public hearing at second reading of the Ordinance. Recommendation Approve the ordinance on first reading. Alternatives • Approve ordinance on first reading. • Amend ordinance on first reading. • Table ordinance. • Deny ordinance. Proposed Motion "I move to approve Ordinance No.02 on first reading." Town Manager Comments Attachments: A - Staff report to the Planning and Zoning Commission. B - Ordinance 00-02 C - Development Plan D - Development Agreement Staff memo to Town Council, February 2, 2000 Page 2 of 2 Re: 1 st Reading of Ordinance 00-02, Lot C PUD 0 TOWN OF AVON ORDINANCE NO. 02 SERIES OF 2000 AN ORDINANCE CONDITIONALLY APPROVING A PUD DEVELOPMENT PLAN (INCLUDING DEVELOPMENT STANDARDS) FOR TRACT C, AVON CENTER AT BEAVER CREEK SUBDIVISION, AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WHEREAS, Vail Associates Investments, Inc., a Colorado corporation ("VA") is the owner of Tract C (also known as Lot C), Avon Center at Beaver Creek Subdivision, and WHEREAS, upon the application of VA the Town, on or about October 27, 1998, enacted Ordinance 98-21, approving a zoning change of said Tract from TC to PUD, and WHEREAS, said ordinance provided, among other things, that "Development may occur on this site only in conformance with a site-specific Development Plan ... reviewed and approved by the Town through a separate application and review process pursuant to Section 17.20. 110 of the Avon Municipal Code," and WHEREAS, contemporaneous with the adoption of Ordinance 98-21 the Town and VA entered into that contract known as "Development Agreement - Confluence and Tract C," (the "1998 Development Agreement"), and WHEREAS, VA now has applied to the Town for approval of a site-specific Development Plan (including Development Standards) (a copy of which is attached hereto as Exhibit A and made a part hereof), concerning Tract C, and WHEREAS, the Town and VA desire to enter into a contract, a copy of which is attached hereto as Exhibit B and made a part hereof, amending the 1998 Development Agreement insofar as it concerns Tract C only, and WHEREAS, a public hearing as prescribed by law was held on VA's said application before the Town of Avon Planning and Zoning Commission, followed by the delivery to the Town Council of P&Z's recommendation on said application (a copy of which is attached hereto as Exhibit C and made a part hereof), and WHEREAS, the Town Council finds that VA's application is consistent with the Comprehensive Plan for the Town, and CO_DOCS_A 56190 v 3 WHEREAS, an express condition of the Town's adoption of this ordinance and approval of VA's application is the execution of the attached form of "Amendment to Development Agreement For Confluence and Tract C" (the "Amendment") and, WHEREAS, subject to the conditions and limitations set forth in this ordinance, the Town Council wishes to grant approval of VA's application, and WHEREAS, the Town Council finds that the adoption of this ordinance and the execution of the Amendment are both in the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that: 1. The Mayor is authorized to execute on behalf of the Town the attached Amendment; 2. Upon the execution of the Amendment, VA's application for approval of its attached Development Plan for Tract C is approved subject to the conditions and limitations set forth in Sections 8.12 and 8.13 of the attached form of Amendment. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 81h day of February, 2000, 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 22nd day of February, 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. Judy Yoder, Mayor Attest: Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 22"d day of February, 2000. Judy Yoder, Mayor Attest: Kris Nash, Town Clerk 2 CO DOCS A 56190 v 3 APPROVED AS TO FORM: Burt Levin, Town Attorney CO_DOCS_A 56190 v 3 t OZ ARCHITECTURE 1580 Lincoln Street Suite 1200 Denver, CO 80203 (303) 861-5704 (303) 861-9230 FAX LOT C Avon, Colorado 8 February • 2000 PUD SIGNATURE BLOCK Ouse, CerdBaM Know aI mm by these psnenu dins beWS the mole owners le be xWVk of aff that red IxWwly daal6ed s "I-- A parcel of land ddcribed a Lot C. Avon Cww a Beam Creek Subdivislimm. Town of Avon, Engle County, Cofaado. We epee on develop the Ow as depicbd an " mile Plain. By: VaI Associates TnvCdGed1, hr- P.O. Box 959 137 Boxfortark Road Ava,CO 81620 ThefoaSainsslyuonewere acmoWbdyedbefore me8dr dayot . 2000, by My Commission expires: Witness asy hand and sal Notary PuNk Town CrtMlatc Ilds Pboned Unit Development Plan and Rheum, moolms standards and densities we approvedfor PIJD,(Oodin-99-_ ) by theI-Caused dtheTown ofAvon, County ofBgle,grow ofColmdorids day of , MW for Slug with the Clot said Recorder tithe County of Eagle, Said rppwat 9W in no my obligae the Town of Avon for my mprovemmss and approval of this developmatplan by to Town no 10 be omstrued as an approval of the technical oaaccmea of this plan or ray docmmu6mteWi08 time to. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON- TOWN COUNCILOFTHETOWNOFAVON By: Judy Yoder, Mayor AtDaC Kris Nadi, Town Clert Cork nod Reorders CwtOk M This PMmed Uoklkwdapmed Plan was fed for tecad in the Office of die Clark and Reaaderat oclock -J& "a and is duly recorded to Book Page No. Cbuk and Recorder Bp: LEGAL DESCRIPTION A parcel of imd described as Lot C, Avon Ceata at Beaver Creek Subdivision, Town of Avon, Em& County. Colorado. SHEETINDEX Shat 1: Title Sheet Shat 2: Site Plm Shat 3: Lmthtape Plan Shed 4: MiNPni&g Level Phut Sheet S: Typist Level Plan Shed 6: Phase tA Plain Shat 7: Phase IB P4m Shed 8: Phase IC Plain Sheet Cl: Prdiotiory(iradingwdDmmpPlant Lot BUmkveloped ZONING A. ALLOWED USPBt TIMlOLLOWING USES SHAM BE PER #r= IN THIS LOT C DEVELOPMENT AND THOSE DESIGNATED WITH AO SHALL ALSO BE AILOWEDAT PLAZMAtOUNDLEVEL THOSE USES NOTDESLONATED wnH All SHALL NOT BBPl?sMI17EDATPLAZAX ROUND LIVE: LORBTA1LSTORES 20 SPECIALTY SHOPS 30RESTAURANTS,EXCLUDBNGDRPA1-THROUGHWDWWS 40000YTAR.IAONOES S0 PERSONAL SERVICE SHOPS 60 PROFESSIONAL OFFICES 70HO ELS 80 LODGES 9. APARTM'RNKS 16. CONDOMINIUMS 110 INDOOR RECREATION ANDIOREN ENTERTAINMENT FACHMIES 120 FINANCIAL INSTITUTIONS 13. BPD AND BREAKFAST LODGE 14.11IE-SNARE,INTERVAL OWNERSHIP,ANDFRACTIONALlEE OWNERSLIIP PROJECf9 AND. 1513ADDrJ1O NAL USES DEIM41 NM TO BE SIMILAR TO ALLOWED USES IN ACCORDANCE WITH THE INTENT OF TRW ZONE DISTRICT, TO BE APPROVED BY THE ZONING A01&ENLSTRATOR. B. DBVRJ.OPMBNT s TANDmm.- 1.) LOT 3.24 ACRES (141,040 SP) WJOMUM SIZE COVERAGE 2.27 ACRES (98,728 SF) • 709 PROPOSED SITE COVERAGE 1.79 ACRES M.537 SP) - 53% LANDSCAPED AREA-2D% QOS INO7.ONIN0: PLANNED UNILDEVELOPMENT BXISTWO USES: VACANT 2.) BUBDDNG 9BTBACK9 NORTHBAST(BENC7(RIBSI88AVER(3REEKROAD)IdARK ROAD) • TWENTY FIST (?0) -TENFEET(10) SOUTH-TI NFEET(10) WEST (BE CM&RK ROAD) -FIVE FEET (S) UNDERGROUND PARKING GARAGE-EIGHT FEET (8) BALCONIES, PORTE,_COCMERffi,ROOF OVERFLqM AWNINGS, AND LOW LEVEL ROOF STRUCTURES COVERING OPEN AIR PEDESTRIAN WAYS MAY ENCROACH LNIO ALL SETBACKS NOT MORE THAN Iff. 3.) BUILDING HEIGHT MAXW MBUI DING HEIGHT. 01.0 4.) USES MAX. OF 133 TDIES LARE UNITS X 1 DU/ UNIT • 133.00 DWELLING UNITS (ant am than 133 two•bedmom 6ree4hae maim each of which tray be subdivided into one one4mtkoom dweMvg auk and cm ome- mum sommodadoo unit. Each aanmodstion mk"bemoaWaed s aepetate 1m&.shm onitHso subdivided. Subdivision of thoo-A a cob shall be accomplished in sam dsom with de Toam of Avons gesaaIly applicable mbdtvi4msegidtemats) MIN. Of 125 HOTEL ROOMS X33DU/UNIT 41.66 DWELLING UNITS 174.66 DWELLING UNITS 20EMPLOYFE HOUSING UNITS (20 dwe06s8 units of deed semricsed employee housing, omprircd of a mirouc of auk types, sad with a mimmm toW of 26bedmoms) MRNOtIUM 31ASO SF GUPA RETAIL, OFFICE COMIL®tC1AL INCLUDING 21,330 SF GUA GROUND LEVEL COMMERCIAL AND 10,5W SF CHFA SECOND AND THIRD LEVEL COMMERCIAL 5.) PARKING PARYBNG SHALL BE PROVIDED AT THE FOLLOWING RATES FOR EACH PHASE OF DEVELOPMENT PRIOR TO THE FINAL PHASE UPON COMIP ETION OF THEENTIPETRACT CPROJECT,ATOTAL OFATLEAST 374PARKING SPACES SHALL BE PROVIDED ON SITS THESE 374 SPACES V AIL SATISFY THE PARKOHG REUIRM214 T FOR THE PROJECT AS A WHOLE. 1. COMME C1AL: FIVE SPACES PER THOUSAND SFGLFA APPLIED TO A PULL RANGE OF COMMERCIAL USES (mcbdigbddmhlpest oriwed oo®escL) arcs Within to bokl]. I RESmFMiAIJLODGING- A. HOTS: 10 PARKING SPACES PER ROOM (including bddnW Bast oriented aaomndul arcs wain me ladle B. MIESHAARE/INTERVAL OWNBRSKW UNITS: 0.6 PARKING SPACE PER BEDROOM; C RESIDENTIAL.UNIT : 2.0 PARKING SPACES PER UNIT UP TO TWO BEDROOMS. PLUS OS PARKING SPACES PER ADDITIONAL BEDROOM: D. DEED RESTRK1EDEMPLOYEE HOUSI N3:OS PARKING SPACES PER BEDROOM. 3. NO ADDTIIONAL GUEST SPACES SHALL BE REQUIRED. ALL SURFACE AND BELOW GRADE PARKING SPACES SHALL BE COUNTED TOWARD MEETING THESE REQUIREMENTS. PARKING PROVIDED: 374 SPACES WITH A MAXI NUM OF 30% OF STRUCTURED PARKING TO BE CPMPACr. PHASING THE PHASING OF THE PROJECT SHALL. BE AS FOLLOWS: PHASE I-A. SAM SP GLFA OF GROUND FLOOR COMMERCIAL SPACE FRONTING WEST BEAVER CREEK BOULEVARD AND THE INTERNAL PEDESTRIAN ACTION TO THE AVON TOWN CENTER MALL: PHASE 1-B: NO SUMZW40 PERMIT WILL BE ISSUED FOR PHASE I-B (tk second phm Bete tmtahm portion of do pmject)UNITL A BALDING PERMIT IS LSSUBD FOR THE THREE STORY FREESTANDINGCOMMERCUL BUEDB7G CLOSEST TO THE SEASONS BUILDING (a lam the around lmtl o(whkh wW be used for re" use) PHASE 1-C: NO BUUMI NG PFRbBT WILL BE ISSUED FM PHASE 14; (do third phase tithe Timmhae poaMn tithe project) UNTIL A BUILDING PERMIT IS ISSUED FOR THE HOTEL (which slug isrhde ami® of 10,300 dGL PA {sound-krdco omervid ate sat" forrddl use) 6.) GEP?W. NOTES L THIS SITE SPECIFIC DEVELOPMENT PLAN SHALL IBS THE USES, LOCATIONS, SCALE, ANDPARKPIOREQUIRHbffiNIS FOR THEDHVE.OPMENT OF LOT C. Z SNOW REMOVAL TO AN OFF S1TE LOCATION WIL BE REQUIRED. 3. TTEAMENDMENT TOTHEDEVELOP14ENTAGRLiEMENTFORCONFLUENCE ANDTRACT CANDIORTHETOWN OFAVON CODES SHALL BBUSED FOR ANY PROVISION NOT ADDRESSED IN THE APPROVED SHE SPECIFIC DEVELOPMENT PLAN. 4. TTIR ARCHITECTURAL AND CNII, DESIGNS DEPICTED IN THIS PUD DEVELOPMENT PLAN ARE CONCEPTUAL ONLY, FINAL ARCHrrBCTXMAL DESIGN INCLUDING. BUT NOT LIIITFD T0, BUILDING COLOR, MATERIALS. FENESTRATION. TRId, AND THEME WELL BE REVIEWED AND APPROVED THROUGH THE DESIGN REVIEW PROCESS, 0 LOT C -AVON COLORADO - PUD DEVELOPMENT PLAN sFMET umm?nE 'I'I1'j,E SHEET FEBRUARY 8, 2000 1 fti.mo 0- 3"Ism x \ ? HOTEL 125 ROOMS nAh ® s 1"5? CONCRM 46T I PAD LOT B FORMVALLEY, a rrna PER PUD APPROVAL FA®OP A? M02199 Coll auks 39 SHARED . / s RIDC'URdE r / ACCESS EASEMENT y® a EMPLOYEE 7446 HOUSING Is' 20 UNITS ell, 'i ice- S? ° ?b u RMELME 1522.(YUSGS <? S tiRIVE V DOWN ° LOADING 7.? I 4J / AREA r ? d? fi I ? l ?$ SNGw COLLBMON BENCHMARK ROAD HUTEDMMAT DRIVE UP \\ \ ?? . _ _ MAIM' \ r A(? CURB ? FACE4CURB p KmoDaw HOT Al y 456--_- .? RET fil ,/r ?? OFFICE S / i USGS FOWAIN 1 517 Lii 7 m9w2sfiv"1,3, \ \ i ULL1111 H& H1111111 US-1 _ _ __--- 1333 _-- _--- --_>_?-- d - - - NOV5TIL - -=- -?- - = ? TIMESHARE --µ.. 4;1 BUILDING e?TRrE ?n?c to20133 UNITS NORTH LOT C - AVON, COLORADO - PUD DEVELOPMENT PLAN SHEET MEMO[ r,or_? 1"o De 1c..&B7D SITE PLAN FEBRUARY 8, 2000 0.- 3?l615104 PROPERTY LINE RETAIL v " 4,000 01-tA vv , ???6 4 \ r r SETBACK LINE d I, r Y x f?. ' ?2(?' } ! t rte' ' ?, t 1 ',Pil'L'i?6 2 Abe62G89 tvXC ' \ PBX vvv... -?-,? / PORTE TO GARAGE 'sue " r COCIIERE BELOW rh 91 ?' fff (ABBY C% W i ##l FITNESS ? T Ott ( 'J; ? -? C / / T ?'? ? F: Y"` 1 l ? • i??i t yr'r 't Cl?, x 7 iciION k? .ICLVItL''A[L CJ // l?` a? s5a91A y" ?' $s2xy t V OW ON ` / -,$ r oPtvTZr w /fir 4 1, 41, GARAGE ` e .. ?{5, 5 11 y BENCHMARK ROAD EMY io? 2 NI IR1 U 66 LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN ? SHEET ??f LANDSCAPE /LOBBY LEVEL PLAN FEBRUARY 8, 2000 ?? 3 C.' [ON RE o v ` i' \001 ?a?G ?ji LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN SHEET ?m?m?? MALL/PARKING LEVEL PLAN FEBRUARY S, 2000 4 xrrrdciu?nr.?[i NORTH X10' "' One Bedroom I I DweUing Unit I I I i A on Unit I I I I I i l 1 Two Bedroom Timeshare Unit Plan - C.oncephW Two Bedroom Timeshare Unit Plan Subdivided - Co foal EMPLOYEE HOUSING \ 20 UNITS COMMON LOUNGE \ A VN l? HOTEL 125 ROOMS i 9 ,- Y - w Hotel Unit Plan - Conce tual 1.bl Y, STORAGE UNITS \ b; G2 i oil 9 50S TIMESHARE BUILDING 133 UNITS _ _I116 1?, 230'-6'- 9 f RETAILI?? OFFICE 115 9° lo' 2Y NORTH mn? EMPLOYEE HOU G k, UNIT MIX 8 Studios - 8 1 Bedrooms 2 2 Bedrooms 2 3 Bedrooms 20 Units Total - 26 Bedrooms Total ?ji LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN SHEET ?°°..n?rn"R TYPICAL LEVEL PLAN FEBRUARY 8, 2000 S Number of Units Parking Spaces Or SF Provided Provided (TIMESHARE UNITS (RETAIL 50 2,300 SF GLFA RETAIL 1,450 SF GLFA EMPLOYEE HOUSING 20 TOTAL PARKING PHASE 1A 180 F4 rA Lobby Level Plan SCALE: V = 40'-0" M IQ 1 ? ? LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN N?? SHEET 6 FEBRUARY $2000 PHASE IA PLAN i _ Typical Level Plan SCALE: I"= 40'-0" Ir*A" wlAglr Mall / Parking Level Plan SCALE: 1" = 40'-0" TIMESHARE UNITS RETAIL RETAIL OFFICE/ RETAIL TOTAL PARKING PHASE 1A AND 1B Number of Units Parking Spaces Or SF Provided Provided 35 2,050 SF GLFA 5,250 SF GLFA 10,500 SF GLFA 191 -Al i l` Mall / Parking Level Plan SCALE: I"= 40'-0" i "gulf If ' ... LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN PHASE 1B PLAN FEBRUARY 8, 2000 STET Pb- Typical Level PlanSCATF- i"=4Mn" Lobby Level Flan SCALE: F'= 40'-0" u Number of Units Parking Spaces Or SF Provided Provided TIMESHARE UNITS 48 HOTEL 125 RETAIL 1,500 SF GLFA RETAIL 4,000 SF GLFA RETAIL 4,800 SF GLFA HOTEL RESTAURANT TOTAL PARKING PHASE 1A, 16, 1C 374 v ? ?I LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN ? ?? u J I ? PHASE IC PLAN FEBRUARY 8, 2000 . SHEET 8 Typical Level Plan SCALE: P' = 40'-0" SCALE: V = 40'-0" 7 r ! L. , a .. PROPOSED INLET GRATE EL-64.6 -; NV EL-50.6 FF=7455.00 _ __- 4 7446-. ? PROPOSED NUT F-? ow F p?pp. TREIid{ ? . DRAIN GRATE -tL-50.0 Ny EL-4&O I r PRGRAOPOSED IN v TE EL- FF=7459.09 V EL, Y / r / t `! I tJ! I I I I { i I 1 ' L X31 -745s-_J" p pp GRATE EL-62.5 .,.. INV EL-42.5 - PROPOSED INLET , GRATE EL-43.7 7 / 1 :: b ,.. INV EL-40.0 t° FF ].455.00 ! PROPOSED STORK DRAIN MH N v ? ? C R&1.47.5 } B14 NV E1.38 6 ?C ? ? ? _!: . , 1 ? 6C f jP L.- ` \ ?\\ '1 FGA. ! li. .r f N w \ ?v vv , -PROPlf5fD STORM N MN n / i!. RIM 47 5 INV EL637.6 FF=145910'(?'' r,^ ---FF+744i.LLV_ ,_.._=7452-__ „"7450-_-... `?? 4\ry i .. -_ ----- 74 ! 4a - , - 7450 PROPOSED NV EL-30.0 AVON RECREATION CENTER ? INV L?=57.0 DATE FES @ 2000 SHEET C1 , / v , a4?L ' i , , do PROPOSED, ENTRANCE TO LOT?v , AVON CENTER BUILDING ?i r r r r r? PROPOSED IN LET / ,? ?° ORATE EL-48.? f INV EL-44.,S- I{ I , nyvl' ` I I ' ' a ? ? ? ge I , rd..rvxu STORM DRAIN M? INV EL-.2241.2 NV E}-941.6 „ i U J J 0 N Z Nm W 00 W 0 Z Xd r3 0? W m0 OC Z a o c< d z J za WW 20 pz 0 WJ<WO 7w00 J Q o'v?o ao ?m Q 2 0 0 d?04 Uz z OW Qa m d r N 0 I I 0 m a SEASONS BUILDING 'z ??K rs 1T ? AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C THIS AMENDMENT to the Development Agreement for Confluence and Tract C (this "Amendment") is made and entered into by and between Vail Associates Investments, Inc., a Colorado limited liability company (hereinafter "Owner") and the Town of Avon (hereinafter the "Town"), a Colorado municipal corporation. RECITALS A. Owner owns a parcel of real property in the Town generally known as Tract C (also known as Lot C), Avon Center at Beaver Creek Subdivision (hereinafter "Tract C"), as more particularly described in Exhibit A attached. B. On or about October 27, 1998, the parties hereto entered into a contract, a copy of which is attached as Exhibit B, titled "Development Agreement - Confluence and Tract C" (hereinafter the "1998 Development Agreement"). C. The parties wish to amend the 1998 Development Agreement concerning Tract C only. The parties expressly intend not to modify any of the terms of the 1998 Development Agreement insofar as that agreement refers to and concerns the properties defined therein as the "Confluence" and "Tract B." AMENDMENT ARTICLE V REBATE AGREEMENT 5.1 Allocation of Taxes. The parties have renegotiated their agreement with regard to the allocation of taxes, as follows. (a) Section 5.1 of the 1998 Development Agreement Deleted Section 5.1 of the 1998 Development Agreement is hereby deleted as it pertains to Tract C, and the parties agree as follows. (b) Sales and Accommodations Taxes Attributable to Lease or Rental of Hotel Rooms. The Town agrees to account for sales taxes (as generated in accordance with Chapter 3.08 of the Avon Municipal Code, as amended) and accommodations taxes (as generated in accordance with Chapter 3.28 of the Avon Municipal Code, as amended) collected by the Town and attributable to the lease or rental of hotel rooms on Tract C, and to rebate 75 % thereof to the special district which includes Tract C within its boundaries (the "Tract C District") within sixty (60) days following the end of the calendar month when collected (or CO_DOCS_A 56189 v 4 partial month, if appropriate, in the case of the month in which this Amendment becomes effective or is terminated). The Town shall maintain a separate "Tract C Sales and Accommodations Tax Rebate Account" (the "Sales Tax Rebate Account") into which such taxes shall be deposited until rebated for the parking improvement project located on Tract C. Said Sales Tax Rebate Account shall be separately accounted for and shall not be used, pledged or otherwise encumbered except as specifically set forth herein. The Town shall not be obligated to account for or rebate any sales taxes on retail sales or other taxable sales occurring within the hotel on Tract C. The duration of this obligation to account for and rebate accommodations taxes or sales taxes attributable to the lease or rental of hotel rooms shall be for a period of fifteen (15) years, commencing upon the date when the hotel is opened to the public or on June 1, 2006, whichever date is earlier; provided, however, that in no event shall the Town be under an obligation to account for or rebate such taxes after the bonds or other obligations related to the Tract C parking improvements project are satisfied or retired. (c) Real Estate Transfer Taxes. Subject to the conditions stated below, the Town agrees to account for all Real Estate Transfer Taxes (RETT) attributable to the first sale of time-share units located on Tract C, and to rebate 50% thereof to the Tract C District within sixty (60) days following the end of the calendar month when collected (or partial month, if appropriate, in the case of the month in which this Amendment becomes effective or is terminated). The Town shall maintain a separate "Tract C Real Estate Transfer Tax Rebate Account" (the "RETT Rebate Account"), into C. Saitaxes shall e depoted until d RETT shall be required to beted for the parking improvement project located on Tract constructed on rebated only with respect to the first sale of each tne subsequent interest in each unit resale thereof. Tract C, and shall not be required with respect to any eIt is the expectation of the parties that a series or series of bond or other obligations shall be issued or incurred for the parking improvements project located on Tract C. It is also the expectation of the parties that the allocation of and rebate from the RETT Rebate Account is to be used only for paying the debt service corresponding to the parking improvements project on Tract C. The allocation and rebate of RETT shall continue to be made from the RETT Rebate Account until the bond or bonds idracother count have been paid in full incurred However, in said Tract C District and secured by rebates from no instance shall the Town continue the allocation and rebate of RETT taxes from the RETT Rebate Account beyond fifteen (15) years after the commencement of deposits in said account. Notwithstanding the foregoing, prior to the earlier to occur of June 1, 2007 or a hotel in Tract C opening to the public, all amounts required to be deposited by the Town in the RETT Rebate Account shall be held in an interest-bearing escrow fund to be established with a banking institution mutually acceptable to the Town and the Owner. ccumulated on rebat ab a funds is opened to the public on or before June 1, 2007, any within the escrowed RETT Rebate Account shall be split evenly between the Town and the CO_DOCS_A 56189 v 4 2 Tract C District and the balance of such fund shall be conveyed to the Tract C District free and clear of any claim by the Town. If the hotel is not opened to the public on or before June 1, 2007, then all amounts held in the escrowed RETT Rebate Account shall be conveyed to the Town free and clear of any claim by the Tract C District. Notwithstanding the foregoing, the Town shall in no event be under an obligation to rebate RETT in an amount which exceeds One and a half Million Dollars ($1,500,000) (excluding any interest accumulated on funds deposited within the RETT Rebate Account). (d) Cooperation by the Town. The Town shall make all allocations and deposits of taxes, as provided above, unless prevented by court order from so doing. In the event any action is commenced challenging the right of the Town to make such allocations and deposits, the Town shall notify Owner in writing of such action prior to the Town filing its first responsive pleading in such action and shall allow the Districts to participate in any defense to such action as set forth in Section 2.4 of the 1998 Development Agreement. ARTICLE VIII MISCELLANEOUS 8.12 Recreation Amenities Fee. Commencing as of the effective date of this agreement, and continuing in perpetuity, the Owner, or the condominium timeshare association, if any, is obligated to the Town for payment of a Recreation Amenities Fee. The fee shall be calculated and paid to the Town semiannually and will be based on an initial annual amount of twenty-five ($25) dollars for each deeded time-share unit located on Tract C. (For purposes hereof, time-share unit includes any accommodation unit separately deeded.) The amount of the semiannual payments will be calculated according to the following formula: Number of existing or newly deeded time-share units per semiannual period (January-June; July-December), multiplied by $25 (or as adjusted by CPI, as defined below), divided by 2. The due dates for the semiannual payments are August 20 and February 20 for the previous semiannual calculation period. For purposes hereof, "deeded time-share unit" is defined as any time-share unit heretofore deeded by a time-share developer to the owner thereof and includes time-share units which have been foreclosed upon or re-conveyed in lieu-of foreclosure. On January 1, 2001, and on the first day of each year thereafter, the amount of the fee shall be increased by the prior years' average consumer price index for All Urban Consumers (CPI-U) for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of CO DOCS_A 56189 v 4 3 Labor Statistics. It shall be the duty of the Owner or the condominium timeshare association, if any, to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written determination of the amount due and deliver or mail the same to the office of the Owner or the condominium timeshare association, if any. The amount properly determined to be owing shall be subject to a penalty in the amount of ten percent of the amount due and shall bear interest from the due date of the remittance at the rate of one and one-half percent per month until paid. 8.13. Additional Provisions. Town of Avon Ordinance No. 02, Series of 2000, conditionally approves a PUD Development Plan (Including Development Standards) for Tract C. Said Development Plan was approved subject to the following conditions which are incorporated herein and made a part of this Amendment: A. Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by this Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that these facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot. B. At buildout, the project shall incorporate: 1. a minimum of 21,350 square feet (sf) of gross leaseable floor area (GLFA) ground-floor commercial space suitable for commercial retail use which square footage includes 4,800 sf GLFA of restaurant space in the Phase 2 hotel; 2. a minimum of 10,500 sf GLFA of office/retail commercial space on the second and third floor of the freestanding commercial building closest to the Seasons building; 3. a hotel of no less than 125 rooms; 4 CO_DOCS_A 56189 v 4 4. 20 dwelling units of deed restricted employee housing (the "Employee Units") including eight studios, eight one-bedroom, two two-bedroom and two three-bedroom units totaling no less than 26 bedrooms; and 5. not more than 133 two-bedroom time-share units, each of which may be subdivided into one one-bedroom dwelling unit and one one-bedroom accommodation unit for a total of 266 condominium units. For zoning density purposes each two-bedroom time-share unit will be one dwelling unit. However, each dwelling unit and accommodation unit shall be considered a separate time-share unit which may be separately conveyed, occupied, rented or exchanged. Subdivision of time-share units shall be accomplished by the condominium declaration and map for the project. The phasing of the project shall be as follows: Phase 1-A: 50 time-share units and 5,800 sf GLFA of ground floor commercial space fronting West Beaver Creek Boulevard and the internal pedestrian connection to the Avon Town Center Mall and the Employee Units. 2,050 sf GLFA of such retail space may be used for lobby, check-in and support functions for the time-share units until Phase 1-B is completed. Parking will include construction of 180 spaces. Phase 1-B:"35 time-share units. A building permit will be issued for Phase 1-B (the second phase of the Timeshare portion of the project) at such time as a building permit is issued for the 15,750 sf GLFA three story freestanding commercial building closest to the Seasons building (at least the ground level of which will be for retail use and the second and third floors of which may be used for office or retail use). Parking will include construction of 11 spaces. Phase 1-C: 48 time-share units. A building permit will be issued for Phase 1-C (the third phase of the Timeshare portion of the project) at such time as a building permit is issued for the hotel (which shall include a minimum of 5,500 sf GLFA ground-level commercial area suitable for retail use) and 4,800 sf GLFA of restaurant space in the hotel. Parking will include construction of 183 spaces. C. A complete landscaping plan and construction laydown plan will be required prior to issuance of a building permit for each phase of the project. D. The parking structure will be designed for future access to the Sunroad ramp and Tract B. E. All parking aisles are required to comply with the 24'0" width. F. All of the encroachments proposed in the setbacks are non-habitable. The non- habitable encroachments are limited to balconies, porte-cochere, roof overhangs, awnings, and lower level roof structures. Limited occupancy within setbacks will also be allowed for outdoor sidewalk CO DOCS_A 56189 v 4 5 cafe areas, merchant temporary displays and kiosks and other such accessory uses consistent with the pedestrian nature of the setback areas, subject to the Town's typical review and regulation of such uses. G. All perimeter sidewalks throughout the project shall be a minimum of 8'0" width. H. No columns or structural supports may either impede the 8'0" wide sidewalk clearance requirements or encroach into driveways or entrances. 1. All curbs along streets and entrances must include 2'0" gutter pans in addition to the driving lanes. J. All streetscape improvements will include furniture, fixtures, kiosks, and lights per Town standards. K. All street and streetscape improvements along West Beaver Creek Boulevard and Benchmark Road must be completed (except for any items that cannot be completed for seasonal or force majeure reasons) at or prior to the time of issuance of the first temporary certificate of occupancy ("TCO") for the project. L. The final design and specifications for the bus stop require Design Review approval. M. All surface entries and loading entrances shall have a minimum vertical clearance of 13'6". N. All parking entrances from public roads shall have a 28'0" access width, which will include a 2'0" gutter pan on each side. 0. The fountain and seating area adjacent to the Town Center Mall must be complete at the time of issuance of the first TCO for the Phase 1-B three-story freestanding commercial building closest to the Seasons building. P. The grading plan adjacent to the Town Center Mall included in the Development Plan shall be approved through Design Review (which approval shall not be unreasonably withheld) contemporaneously with the Streetscape Improvement Plan in connection with Phase 1-A of the project. Q. An access easement containing the following terms and conditions must be granted by the owner of Tract C for the benefit of Tract B (as contemplated by the P & Z approval for Tract B) prior to the issuance of any building permit: 1. A 39'0" wide access easement extending southwesterly approximately 145 feet from the intersection of Sunroad and West Beaver Creek Boulevard to the entrance to the hotel with 19'5" of such easement on each of Tract B and Tract C. From the hotel 6 CO_DOCS_A 56189 v 4 entrance to the parking structure the easement shall be 25'0" wide with 12'5" of such easement on each of Tract B and Tract C. 2. A provision for reciprocal licenses for access across and storage and staging during construction on designated, vacant portions of Tract B and Tract C, so long as such portions remain unimproved. The license shall specifically provide that any use of such area may be terminated upon 30 days' notice from the owner of either tract in anticipation of commencement of construction of any improvements on vacant areas of Tract B or Tract C. 3. The easement shall also set forth authorization for construction and management of the storm drainage facilities from Tract B across Tract C as contemplated by Paragraph A above. R. The accessibility and function of the trash and delivery areas depicted in the Development Plan for Tract C are conceptually approved. Specific aspects of the trash and delivery areas will require subsequent Design Review approval. S. The architecture, construction details, final grading and drainage plans depicted in the Development Plan for Tract C are conceptually approved, but will require separate Design Review approval. T. Parking shall include 374 parking spaces upon completion of the entire Tract C project. 8.14 Provisions Regarding 1998 Development Agreement. A. In the event Vistana, Inc. purchases Tract C from the Owner, the parties agree that the Owner's right, title and interest in this Amendment shall be assigned pursuant to Section 8.9 of the 1998 Development Agreement to Vistana, Inc. and this Amendment shall be binding upon and except as otherwise provided in the Amendment, shall inure to the benefit of Vistana, Inc. and its successors in interest. Further in the event of such purchase by Vistana, Inc., all obligations of the Owner herein shall become obligations of Vistana, Inc. B. This Amendment contains all obligations of the Owner with respect to the development of Tract C. The 1998 Development Agreement shall continue to control the obligations of the owners of the properties defined therein as the Confluence and Tract B. No failure of the owners of the Confluence or Tract B to comply with the requirements of or satisfy the obligations of the 1998 Development Agreement shall affect the development of Tract C pursuant to the terms of this Amendment and the owner of Tract C and the Tract C District shall have no responsibility to comply with the requirements of or satisfy the obligations in the 1998 Development Agreement. In the event any provisions of this Amendment may conflict with provisions of the 1998 Development Agreement, the provisions of this Amendment shall control. CO_DOCS_A 56189 v 4 7 a C. Unless amended herein, the terms of the 1998 Development Agreement remain in effect. IN WITNESS WHEREOF, Owner and the Town have executed this Amendment as of the date indicated below. TOWN: TOWN OF AVON, a municipal corporation By: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM Burt Levin, Town Attorney STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public DATE: Judy Yoder, Mayor 8 CO DOCS A 56189 v 4 k OWNER: VAIL ASSOCIATES INVESTMENTS, INC., a Colorado limited liability company By: Its: DATE: ATTEST: STATE OF COLORADO ss. COUNTY OF EAGLE ) Subscribed before me this day of , 2000, by as of Vail Associates Investments, Inc. My commission expires: Notary Public CO_DOCS_A 56189 v 4 9 Lot C Legal Description A parcel of land described as Lot C. Avon Center at Beaver Creek, Benchmark at Beaver Creels, Amendment No. 4, Town of Avon, Eagle County, Colorado, being more particular descrbed as follows: Beginning at the easternmost corner of Lot C, also being the northernmost comer of Lot B, thence along the line common to Lots 8 and C, S520 41'02"W, 397.57 feet; thence dcparting said common lot line, N65° 58'081W, 22.72 feet; thence N02° 30'12"W, 576.33 feet to a point on the southerly right-of-way of Benchmark Road; thence along said right-of-way N590 20'02"F, 160.00 feet to a point on the westerly right-of-way of Beaver Creek Boulevard thence along said right-of-way S270 05'23"E, 400.62 feet; thence continuing along said right-of-way along the arc ofa tangent curve to the left 80.83 feet, having a radius of 540.00 feet, a central angle of 08° 34'36" and a chord which bears 5310 22'41 "E, 80.76 feet to the Point of Beginning. Parcel contains 3.24 acres. Final 1.0/27/98 DEVELOPMENT AGREEMENT Confluence and Tract C THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of October 27, 1998 by and between Vail Associates Investments, Inc., a Colorado limited liability company (hereinafter "Owner"), Avon Commercial Center Ltd., a Colorado limited partnership, Shapiro Development Co., general partner, or assigns (hereinafter "Shapiro") and the Town of Avon, a municipal corporation of the State of Colorado (the "Town'). RECITALS A. Owner is a limited liability company, duly organized and in good standing under the laws of the State of Colorado. Shapiro is a Colorado limited partnership, duly organized and in good standing under the laws of the State of Colorado. B. Owner owns a parcel of real property conditionally annexed to the Town and generally referred to as the "Confluence" as more particularly described in Exhibit A-1 attached to this Agreement (the "Confluence"). In addition, Owner owns a parcel of real property in the Town generally known as "Tract C" as more particularly described in Exhibit A-2 attached to this Agreement ("Tract C"). Shapiro owns a parcel of real property in the Town generally known as "Tract B" as more particularly described in Exhibit A-3 attached to this Agreement. C. Owner desires to develop the Confluence and Tract C as mixed use developments (the parcels referred to collectively as the "Property") which may include, among other uses, lodging, restaurant, retail, parking, public facilities, open space, office, commercial, conference center and other uses. Shapiro desires to develop Tract B pursuant to the terms of a separate agreement and desires to avail itself of the provisions of Article V of this Agreement to aid in such development for the benefit of the Town and Shapiro. D. A condition of annexation of the Confluence was the successful negotiation of a "Development Agreement" concerning the development of the Property, failing which, the Confluence shall be disconnected from the Town. A significant element of the negotiations affecting the Property is the zoning of the Property for which Owner has submitted a Zoning Application to the Town for the Confluence and a separate Zoning Application for Tract C. The Town and Owner acknowledge that this Development Agreement properly addresses matters related to Tract C and Tract B notwithstanding that execution hereof is a condition to annexation of only the Confluence. E. The Town has authority to zone and govern development of the Property in accordance with this Agreement, the Comprehensive Plan, the Confluence PUD, the Tract C PUD (as such terms are defined herein), the Municipal Code, and other applicable Town requirements and polices. Furthermore, the Town has authority to agree to the vesting of property development rights concerning the Property, the creation of special districts to provide public facilities relating to the Property, the rebate of sales and other taxes which would normally be collected as a result of taxable activities occurring on the Property and on Tract B and the Final 10/27/98 granting of tax credits to assist with the equitable sharing of costs associated with development of public facilities. F. The Property and Tract B are expected to contribute substantially to the economic growth of the Town and consequently will increase future tax revenues to the Town. The Town desires to satisfy the condition of annexation of the Confluence by execution and performance of this Development Agreement affecting the Confluence, Tract C and Tract B in order to provide for orderly growth in and around the Town and to increase its tax revenues. Owner, Shapiro and the Town desire to provide for a tax rebate mechanism so that Owner and Shapiro may use the rebate revenues or other fees imposed in lieu of taxes to assist in financing the public facilities that will be required by the Property and Tract B which will benefit the Town. G. The Town may agree to rebate taxes to the Districts subject to discretionary annual budget appropriations by the Town which, if not made by the Town, will substantially impair the ability of Owner to develop the Property, will substantially impair the ability of Shapiro to develop Tract B, and which failure to appropriate shall be deemed to be a failure of a condition to annexation of the Confluence resulting in a contractual right of Owner to disconnect the Confluence from the Town. H. The legislature of the State of Colorado adopted Sections 24-68-101, et seq. of the Colorado Revised Statutes (the "Vested Property Rights Statute") to provide for the establishment of vested property rights in order to ensure reasonable certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment-backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning; said Vested Property Rights Statute authorizes the Town to enter into development agreements with landowners providing for vesting of property development rights. I. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property development rights. I Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Comprehensive Plan, ensure reasonable certainty, stability and fairness in the land use planning process, stimulate economic growth, secure the reasonable investment-backed expectations of Owner, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes for which the Vested Property Rights Statute and Chapter 17.14 of the Municipal Code were enacted. In exchange for these benefits and the other benefits to the Town contemplated by this Agreement, together with the public benefits served by the orderly development of the Property, Owner desires to receive the assurance that it may proceed with development of the Property pursuant to the terms and conditions contained in this Agreement. K. The Town's authority to enter into this Agreement stems from the power vested generally in Colorado municipalities to address matters of local concern by contract, ordinance 2 Final 10/27/98 or otherwise. Because the Town of Avon collects its own taxes, it also has authority to rebate taxes collected or grant credits to taxpayers for fees collected by Owner and Shapiro within certain geographical areas. Further, the Town may allow Owner or qualified non-profit corporations to collect such fees. Because such fees will not be collected by the Town and will not derive from the Town, and because all rebates due hereunder shall be subject to annual budget appropriation, the rebate of taxes by the Town, the grant of tax credits by the Town, and the collection of fees by qualified corporations in lieu of such taxes shall not be multiple fiscal year contractual undertakings of the Town and shall not be a tax policy change directly causing a net tax revenue gain to the Town which would otherwise require electoral approval. AGREEMENT NOW, THEREFORE, in consideration of the premises set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS 1.0 Definitions. The following terms and references shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 1.1 Affordable Housing. Housing where the occupant is paying no more than 30% of gross income for gross housing costs, including utility costs. 1.2 Annexation Agreement The conditional Annexation Agreement affecting the Confluence Parcel approved by the Town on August 25, 1998, a copy of which is attached to this Agreement as Exhibit B. 1.3 Confluence. The parcel of unimproved real property described on Exhibit A-1. 1.4 Comprehensive Plan. The Avon Comprehensive Plan adopted by the Planning and Zoning Commission of the Town on November 5, 1996. 1.5 Development Standards. As defined in Section 3.2. The Development Standards pertaining to the Confluence are attached hereto as Exhibit C-1 and the Development Standards pertaining to Tract C are attached hereto as Exhibit C-2. 1.6 Districts. Shall mean Confluence Metropolitan District and Avon Station Metropolitan District approved by the Town to serve the Property and Tract B. 1.7 Dwelling Unit. As defined in Section 17.08.270 of the Municipal Code. 3 Final 10/27/98 1.8 Effective Date. The effective date of the Town Council ordinance approving this Agreement. 1.9 Exhibit . The following are Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A 1 Legal Description of the Confluence Exhibit A-2 Legal Description of Tract C Exhibit A-3 Legal Description of Tract B Exhibit B The Annexation Agreement Exhibit C-1 The Development Standards for the Confluence Exhibit C-2 The Development Standards for Tract C 1.10 Lodging Tax. For purposes of this Agreement, Lodging Tax shall mean any municipal lodging or accommodations tax imposed by the Town pursuant to Municipal Code Ch. 3.28 or any similar code provision enacted during the Term of this Agreement upon any sales or rental of lodging within the Property and Tract B. 1.11 Mall. Avon Town Center Mall established by Ordinance 81-11. 1.12 Municipal Code. The Town's Municipal Code, as in effect from time to time. 1.13 Pro e . The Tract C property and the Confluence property. 1.14 PUD. Planned unit development or PUD, as such terms are defined and used in the Municipal Code. 1.15 Real Estate Transfer Tax. For purposes of this Agreement, Real Estate Transfer Tax shall mean any municipal real estate transfer tax imposed by the Town pursuant to Municipal Code Ch. 3.12 or any similar code provision enacted during the Term of this Agreement upon sales of time share units within the Property and Tract B. 1.16 Sales Tax. For purposes of this Agreement, Sales Tax shall mean any municipal sales tax imposed by the Town pursuant to Municipal Code Ch. 3.08 or any similar code provision enacted during the Term of this Agreement upon furnishing of rooms or accommodations within the Property and Tract B. 1.17 Sanitation District. Eagle River Water and Sanitation District. 1.18 Subdivision Improvement Agreement. An agreement guaranteeing the construction of public improvements for the Property pursuant to Title 16 of the Municipal Code. 4 Final 10/27/98 1.19 Town. The Town of Avon, a municipal corporation of the State of Colorado. 1.20 Town Council. The Town Council of the Town. 1.21 Tract B. The real property described in Exhibit A-3 attached hereto. 1.22 Tract . The parcel of unimproved real property described on Exhibit A-2. 1.23 Vested Property Rights Statute. As defined in Recital H above. 1.24 Zonin . Formal and final passage of an ordinance and/or resolution by the Town Council confirming a zoning designation on a parcel of land as provided in the Municipal Code. Such final passage shall be deemed to occur after the passage of any statutory or common law period for the filing of a petition for referendum to reverse or nullify such zoning ordinance. 1.25 Zoning Application. The separate zoning applications for each parcel comprising the Property. ARTICLE H CONDITIONS PRECEDENT; COVENANTS; THIS AGREEMENT 2.1 Condition Precedent. Annexation of the Confluence to the Town was accomplished pursuant to Ordinance No. 98-18and Resolution No. 98-54, and the Annexation Agreement which specifically provided that said annexation would be conditional and subject to disconnection until this agreement is executed and effective. The parties hereto agree that annexation of the Confluence was in all respects in accordance with the Town charter and the Colorado Municipal Annexation Act of 1965, as amended (C.R.S. §§ 31-12-101, et seq.). The condition of annexation of the Confluence shall not be deemed to have been satisfied until Zoning of the Property pursuant to Article III of this Agreement has been completed and thereafter shall be deemed to have not been fully satisfied if the Town fails or is prevented in any way from making rebate payments or granting tax credits as set forth herein. Until Zoning pursuant to Article III of this Agreement has been completed, this document shall constitute an offer by Owner and the Town to enter into this Agreement (notwithstanding the parties' mutual execution and delivery of this document) and the condition to annexation of the Confluence to the Town shall not be deemed satisfied. Consequently, at any time before such condition is satisfied, Owner or the Town may withdraw the offer to enter into this Agreement. If either party withdraws its offer to enter into this Agreement, this Agreement shall be deemed void and of no force or effect, the Confluence shall be deemed not annexed to the Town and shall be immediately disconnected, and the vested property rights described in this Agreement shall be deemed not established. 2.2 Term. In recognition of the size of the development contemplated under this Agreement, the substantial investment and time required to complete the development of the 5 Final 10/27/98 Property, the potential for phased development of the Property, and the possible impact of economic cycles and varying market conditions during the course of development, Owner and the Town agree that the term of this Agreement and the vested property rights established under this Agreement shall commence on the Effective Date and shall continue until the 35th anniversary of the Effective Date. References to the Term of this Agreement and the vesting of property rights in the proceeding sentence shall not be deemed to limit or otherwise affect the rights of the Town described in Section 6.2 to initiate or pursue dissolution of the Districts. After the expiration of the Term, this Agreement shall be deemed terminated and of no fiuther force or effect; provided, however that such termination shall not effect (a) the annexation of the Confluence to the Town; (b) any common-law vested rights obtained prior to such termination, or (c) any right arising from Town permits, approvals or other entitlements for the Property which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement and the Development Standards. 2.3 Amendment of Aare ement. Except as otherwise set forth in this Agreement, this Agreement may be amended or terminated only by mutual consent of the Town and Owner in writing following the public notice and public hearing procedures required for approval of this Agreement. For the purpose of any amendment to this Agreement, "Owner" shall mean only the Owner as defined herein and those parties, if any, to whom such signatories have specifically been granted, in writing by Owner, the power to enter into such amendments. Any amendment to any provision of this Agreement which affects Shapiro's rights to rebates or tax credits hereunder shall require Shapiro's written consent. 2.4 Cooperation in Defending Legal Challenges. If any legal or equitable action or other proceeding is commenced by a third party challenging the validity of any provision of this Agreement or the Development Standards, Owner and the Town agree to cooperate in defending such action or proceeding and to bear their own expenses in connection therewith. Unless the Town and Owner otherwise agree, each party shall select and pay its own legal counsel to represent it in connection with such action or proceeding. ARTICLE III ZONING, VESTED RIGHTS AND EXACTIONS 3.1 PUD Zoning. Each parcel comprising Confluence and Tract C shall be zoned as a separate PUD as provided in this Agreement and in their respective Development Standards. 3.2 Development Standards and Phasing. (a) Development Standards. The "Development Standards" set forth the guidelines for development of the Property are approved by the Town as the zoning for the Property, and indicate, among other things, set back distances, building height limitations, site coverage levels, development densities, allowed uses (both permitted uses by right and those permitted upon special review), parking requirements and other guidelines and limitations for the development of the Property. 6 Final 10/27/98 (b) Subsequent Development Approval. After PUD Zoning of the Property pursuant to Section 3.4(a), Owner and the Town shall enter into a development plan approval process, pursuant to which Owner and the Town shall, in a manner which is uniform with and similar to other phased development approvals of the Town (and consistent with the provisions of Section 3.4(d)) fin Cher refine the Development Standards and designate site plans, PUDs and other details, including an approved Subdivision Improvement Agreement, all consistent with the Development Standards and this Agreement (collectively, "Subsequent Development Approval." 3.3 Vesting of Propertights. Owner and Town agree that (a) this Agreement and the Development Standards constitute an approved "site-specific development plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal Code and as adopted pursuant to the requirements of Section 17.12.020 of the Municipal Code which the Town acknowledges hereby has been approved by proper procedure under the Town's charter and the Municipal Code, and (b) that Owner as the legal owner of the Property shall have vested property rights to undertake and complete development and use of the Property as provided in this Agreement and the Development Standards. Pursuant to Section 17.14.050 of the Municipal Code, approval of this Agreement and the Development Standards constitutes a vested property right pursuant to Article 68 of Title 24, C.RS., as amended. 3.4 Property Rights Vested. The rights identified below shall constitute the vested property rights under this Agreement: (a) The right to develop, plan and engage in land uses within the Property in the manner and to the extent set forth in and pursuant to this Agreement and the Development Standards. (b) The right to develop, plan and engage in land uses within the Property in accordance with the densities, physical development standards and other physical parameters set forth in the Development Standards. (c) The right to develop the Property in the order, at the rate and at the time as market conditions dictate, subject to the terms and conditions of this Agreement and the Development Standards. (d) The right to develop and complete the development of the Property (including, without limitation, the right to receive all Town approvals necessary for the development of the Property) with conditions and standards determined pursuant to Section 3.2(b)which are no more onerous than those imposed by the Town upon other Owners in the Town on a uniform, non- discriminatory and consistent basis, and subject only to the exactions and requirements set forth in this Agreement and the Development Standards; provided that such conditions, standards and dedications shall not directly or indirectly have the effect of materially altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise materially adversely affecting any of Owner's rights set forth in this Agreement or the Development Standards. 7 Final 10/27/98 (e) The Town shall not initiate any zoning, land use or other legal or administrative action that would directly or indirectly have the effect of materially altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of Owner's rights set forth in this Agreement or the Development Standards. 3.5 Exactions. (a) Access Roads. Roadways within the Property shall be provided by Owner and/or one or more of the Districts which shall dedicate such roads to the Town, whereupon the Town shall accept such roads for dedication in their then current condition and shall assume maintenance of such roads, including snow removal. All such roadways shall be constructed to the Town's normal standards for similar roadways, which standards shall be set forth in the Subsequent Development Approval relating to the portion of the Property containing such roadways. (b) Draina e. On site drainage facilities for the Property shall be provided by Owner and/or one or more of the Districts to handle drainage resulting from the development of the Property. (c) Pedestrian Overpass. Owner and/or one or more of the Districts shall provide a pedestrian overpass (crossing the railroad line provided such railroad line has not been vacated, in which case an appropriate pedestrian crossing will be provided) connecting the Confluence with the Town core area. The pedestrian overpass shall be constructed along with the first phase of the conference center as set forth in Section 3.5(d). The design, location and other details of the pedestrian overpass shall be determined by Owner and the Town. Any dispute concerning such matters shall be resolved by arbitration. (d) Conference Center. One or more of the Districts shall construct a conference center facility on the Confluence as part of the development on the Confluence. Such conference center shall contain a total of approximately 15,000 square feet and will be constructed in two phases (one half of the square footage of the conference center in each such phase). The first phase of the conference center construction shall be commenced upon the Town's issuance of a building permit for the 100t' Dwelling Unit for the Confluence and shall be diligently pursued to completion. The second phase of conference center construction shall be undertaken upon the Town's issuance of a building permit for the 200a' Dwelling Unit for the Confluence. The twenty-mill levy contemplated by the Districts' service plan shall be utilized for construction and operation of the conference center. In connection with development of the conference center, Owner shall reserve space and/or air rights in its development for expansion of the conference center to up to a total of 40,000 square feet; provided, however, that neither Owner nor the Districts shall be obligated under this Agreement to pay for such expansion of the conference center nor for land costs. At the Town's request, the twenty mill levy imposed by the Districts for construction and operation of phase 1 and phase 2 of the conference center shall be imposed by the Districts (after retirement of debt for phase 1 and phase 2) for purposes of assisting to finance the expansion of the conference center and to pay operating costs of the expanded conference center. Owner shall use best efforts to cause the Districts to issue bonds for such expansion but shall not be required to provide credit 8 Final 10/27/98 enhancement for or purchase such bonds. Owner shall use best efforts to cause the Districts to seek electoral authorization at a November 1999 election for such bonds. (e) Affordable Housing. Owner shall develop deed restricted affordable housing units (each, an "Affordable Housing Unit") within the Town, either on or off the Property at a rate of five Affordable Housing Units for each 50Dwelling Units developed on the Property. As a condition to issuance by the Town of each 50a' building permit (i.e., 50't' 100"', 150a', etc.) for Dwelling Units on the Property, Owner must establish that it has developed or unconditionally commits to develop the required number of Affordable Housing Units. The nature and form of the deed restrictions on such Affordable Housing Units shall be substantially similar to that used in other affordable housing projects in the Town, and shall be determined by Owner and the Town prior to issuance by the Town of a building permit for the 50a' Dwelling Unit. (f) Fee for Fire Station Expansion. Owner or the Districts shall pay to the Town $160,000 prior to the issuance of the first certificate of occupancy for the Property for expansion of fire station facilities. (g) Railroad Crossing. Prior to issuance of any building permit for the Property, Owner shall grant to the Town an easement for an "at grade" crossing of the existing railroad tracks at the west end of the Confluence at a location and pursuant to terms reasonably satisfactory to Owner and the Town. Said easement shall be subject to all matters of record, including without limitation the railroad right of way. Owner shall have no obligation to make any improvements related to such easement. Any dispute concerning the size or design of such crossing shall be resolved by arbitration. (h) Water and Water Rights. (i) The Town's augmentation plan decreed in Water Division No. 5 Case No. 84CW225 allocated 5.52 consumptive acre feet for the development of the Confluence (Avon Station). The allocated consumptive use was based upon the development of 200 Dwelling Units, 10,000 square feet of commercial area and 1.8 acres irrigated area. The proposed Confluence development will include up to 200 dwelling units, 800 hotel rooms, 40,000 square feet of commercial area and a non-specified irrigated area. Depending upon the final development plan, water requirements for the Confluence are expected to be higher than that allocated in the Town's augmentation plan. The difference between the 5.52 consumptive acre-feet and the water requirements for the proposed Confluence development is hereinafter defined as the "Increased Water Requirements." (ii) Owner shall commission a study regarding water consumption and augmentation requirements related to the maximum development as allowed by the approved PUD zoning. The study shall determine the Increased Water Requirements of the Confluence. Said study and projections shall be subject to review and approval by the Town. Upon Town approval of the water consumption and augmentation study, Owner shall, as a condition of water service for the Increased Water Requirements, dedicate and convey to the Town sufficient water rights and water storage rights that can be used in conjunction with the augmentation plan and the storage capacity presently owned by the Town to make up the amounts needed to serve the Increased Water 9 WH1 It FWU H.7510.+ rri%2r.. u? 11/02/1998 16:30 303B5B1B02 Final 10/27/98 Owned' shall reimburse the Town's expense including theOwn's reasonable ?? nta Requirements. _ engineering costs and legal fees, of including such addition water in la, Any water rights to be dedicated and conveyed to theTos?lwsub ject be deeem? P rovided, however, Eagle park ? o approval and acceptance, p Agreement. The Town shall not be required to acceptable source of dedication water under this Agr Increased Water Requirements- ,f water in or release water from Benchmark Lake to meet any Dedication of augmentation water and related water rights shall be completed prior to the issuance of the First building permit on the Confluence t M&U. ' The Town and Owner agree that the Mall shall be constructed and maintained by the Districts pursuant to the Districts service plan 3.6. No bligg on tc Develop. Owner shall have no obligation to de ? lops?? any fai develortionop of all the or Property any rop part and shall have no liability to thcTown ? mplaot?e t?liatP t?ha Property may be portion art of the Property. Owner' and the To developed in phases. owner shall have no obligation to develop all or anphase, and y portion of any such pOwner hase notwithstanding the development or.non-developm? andey ? veoall of any pow of any, have no liability. to the Town or any other party for.tts failure such phase of the Property. 3,7 Corn Hance Except as otherwise provided in this e t'o D Agreement or the Development the Standards, the n a uniform ? poi ted pro nmi ricry to basis un°dfer To thTown Agreement shall not preclude th aPP but not limited to, building, fire, plumbing, electrical regulations of general applicability (including, or the ication and mechanical coda, the Municipal Code, and other To_ rules and the ate?of thissAgr mentlor m ay of state or federal regulations, as all of such regulations exist on Provided that such newly enacted or be enacted or amended after the date of this Agreement, Pr erially amended Town regulation shall not directly or . indirectly hha dct effect of d mtn8 or otherwise am& impairing, preventing, diminishing, imposing a moratorium an of owner's rights set forth in this Agreement or the Development adversely affecting any the enactment or amendment of any such Standards. Owner' does not waive its right to oppose regulations. 3.8 a bits ' n The parties agree that any dispute arising under Article this Americbe the subject to arbitration among the parties in accordance with customary Arbitration Associations that shall be binding upon the parties. rules All obligations of Owner in this Agreement may be performed i ations. 3.9 ? g- im by the Districts at Owner's election. ARTICLE N PUBLIC FACILITIES 4.1 ?,r„n;r;ro>rl Sergi. The Town shall have the P`r?esponsibia othe?aodbl? e minismati Provide all municipal services, including transio?u?sm r?? of the T on a uniform and non- services equivalent to those provided to any discriminatory basis. 10 Final 10/27/98 4.2 Water and Services. The Town shall provide water service to the Property upon notification of need by Owner as required for the development of the Property. The Town's obligation to provide water shall survive any disconnection of Confluence pursuant to this Agreement or otherwise. Water infrastructure/capital facilities which are necessary for the Town to provide water to the Property shall be provided by Owner and/or one or more Districts which shall dedicate such improvements to the Town, whereupon the Town shall accept such improvements for dedication in their then current condition and shall assume maintenance of such improvements and facilities. All such improvements shall be constructed to the Town's normal standards for similar facilities, which standards shall be set forth in the relevant Subsequent Development Approval relating to the portion of the Property containing such water improvements. The Town shall charge water tap fees and usage charges to users within the Property on a uniform, non-discriminatory basis with other users within the Town and shall use best efforts to require the Upper Eagle Regional Water Authority, or other water service providing entity to abide by this covenant. 4.3 Sanitation Service. The Property shall receive sanitation service from the Sanitation District. The Town shall not impose rates, fees, tolls or charges for sanitation services for the Property. ARTICLE V REBATE AGREEMENT 5.1 Allocation of Taxes. In consideration of the performance by Owner of its obligations under this Agreement, the Town agrees: (a) to account for all Sales Taxes and Lodging Taxes collected by the Town and attributable to the Property and to Tract B and (b) to rebate 75% thereof to the Districts within sixty (60) days following the end of the calendar month when collected (or partial month, if appropriate, in the case of the month in which this Agreement becomes effective or is terminated). The Town shall maintain a separate "Rebate Account" into which such taxes shall be deposited until rebated; one for each parking improvement project located within the Confluence, Tract C, and Tract B, respectively. Said Rebate Accounts shall be separately accounted for and shall not be used, pledged or otherwise encumbered except as specifically set forth herein. As additional consideration of the performance by Owner of its obligations under this Agreement, the Town further agrees: (a) to account for all Real Estate Transfer Taxes collected by the Town and attributable to the Property and to Tract B and (b) to rebate 50% thereof to the Districts within sixty (60) days following the end of the calendar month when collected (or partial month, if appropriate, in the case of the month in which this Agreement becomes effective or is terminated). Such taxes shall be deposited into the separate Rebate Accounts as provided above until rebated. Said Real Estate Transfer Taxes shall be required to be rebated only with respect to the first sale of each time-share interest in each unit constructed on the Property or Tract B, and shall not be required with respect to any subsequent resale thereof. It is the expectation of the parties that a separate series of bonds shall be issued for each parking improvement project located within the Confluence, Tract C, and Tract B, respectively. It is also the expectation that the allocation and rebate of taxes from each separate 11 Final 10/27/98 Rebate Account as provided above be used only for paying the debt service corresponding to the parking improvements financed and secured by future rebates from each separate respective Rebate Account. The allocation and rebate of taxes as contemplated in this Section 5.1 shall continue to be made from each separate Rebate Account until the bonds or other instruments of indebtedness issued by the Districts and secured by rebates from the separate Rebate Accounts have been paid in full. However, in no instance shall the Town continue the allocation and rebate of taxes from each separate Rebate Account beyond fifteen (15) years after the commencement of deposits in each Rebate Account for each respective bond issue. The Town shall make all such allocations and deposits unless prevented by court order from so doing. In the event any action is commenced challenging the right of the Town to make such allocations and deposits, the Town shall notify Owner and Shapiro in writing of such action prior to the Town filing its first responsive pleading in such action and shall allow the Districts to participate in any defense to such action as set forth in Section 2.4 above. 5.2 Limitation on Bonds to be Issued. Financing on behalf of the Districts for each individual parking improvement project located within the Confluence, Tract C, and Tract B, respectively, is hereby limited to two-thirds (2/3'6) of the estimated capital cost of the respective parking improvement being financed. 5.3 Determination of Amount of Allocated Revenues. The Town shall provide the Districts a summary of any Sales Tax, Lodging Tax, and Real Estate Transfer Tax collected by the Town for each month or partial month with respect to the Property and Tract B that supports the amounts rebated for such month. Such summary shall be provided at the time the rebate is made. 5.4 Computation of Tax Revenues. Within one hundred twenty (120) days following the end of the each Town fiscal year, the Town shall deliver to the Districts a final accounting of all sales taxes, lodging taxes and real estate transfer taxes collected by the Town and attributable to the Property and to Tract B and the amount rebated to the Districts. 5.5 No Debt or Pecuniary Liability; No Multiple-Fiscal Year Obligation. All rebate payments hereunder and any other financial obligation of the Town herein in any year shall be expressly subject to annual appropriation by the Town; provided, however, that it is the present expectation of the parties that the Town will make the payments contemplated by this Agreement. The Town agrees that failure to appropriate sufficient funds in any year to enable the Town to perform its obligations hereunder shall constitute, at the Districts' election, a failure of the Town to perform this Agreement and therefore a failure of a condition of annexation of the Confluence and shall permit the Districts, at its sole election, to disconnect the Confluence as set forth herein. Such rights shall not impair the Districts' rights set forth elsewhere in this Agreement. The Town also agrees that failure to appropriate sufficient funds in any year to enable the Town to perform its obligations hereunder shall also entitle Shapiro to the benefits of section 5.9 hereof. None of the obligations of the Town hereunder to the Districts shall be payable from any source other than as provided in Section 5. 1, and this Agreement shall never constitute a debt, indebtedness or multiple-fiscal year financial obligation of the Town within the meaning of the Constitution or laws of the State of Colorado. 12 Final 10/27/98 5.6 Budget and Appropriation of Payments. The Town's finance director shall include in the budget proposals submitted to the Town Council in each year prior to termination of this Agreement, amounts sufficient to meet the obligation of the Town hereunder to the extent the Town shall have received such amounts, or anticipates receiving such amounts from Sales Taxes, Lodging Taxes or Real Estate Transfer Taxes. The Town hereby represents that it presently intends to appropriate the amounts under this Agreement to the fullest extent permitted by law. If, based upon an opinion of independent counsel not previously or at the time such opinion is delivered representing the Districts and acceptable to the Town, it is determined that the activities under this Agreement shall be determined an "enterprise" of the Town for purposes of Article X, Section 20 of the Colorado Constitution, or that transactions of a nature similar to the transactions provided for in this Agreement are not required under the laws of the State of Colorado to be subject to annual appropriation without regard to approval of any such transactions by the electors of the Town, this Agreement shall be reformed so as to delete the annual appropriation provision of Section 5.4 and as elsewhere found in this Agreement. 5.7 Subsequent Changes in Tax Rates. In the event that the Town reduces the Sales Tax, Lodging Tax, or Real Estate Transfer Tax rate applicable to taxable activities on the Property and Tract B, the calculation of the rebate percentage for rebates due to the Districts shall be recalculated so that the Districts shall receive rebates throughout the term of this agreement as if no change in tax rates had occurred. In the event the Town increases the Sales Tax, Lodging Tax, or Real Estate Transfer Tax pursuant to an election and the incremental increase in the tax rate is earmarked for a special purpose pursuant to the ballot question that is passed by the voters, such addition taxes resulting from the tax increase and collected by the Town applicable to the Property and Tract B shall not be subject to allocation and rebate by the Town to the Districts. 5.8 Books and Records. Both the Town and the Districts shall maintain adequate books and records to accurately perform and account for their respective obligations under this Agreement. Town and District representatives shall be granted reasonable access during normal business hours to such books and records in order to determine compliance with the terms of this Agreement or the accuracy of such books and records. The parties shall use their best efforts to resolve any issues, discrepancies, or inaccuracies discovered in any review of either parties' books and records. 5.9 Tax Credits. (a) In the event the Town is prevented by binding court order from paying rebates with respect to the Property or otherwise fails to appropriate, Owner shall have the option of disconnecting the Confluence from the Town as contemplated herein. In the event Owner determines not to disconnect the Confluence, or if the Town contests or otherwise fails to assure said disconnection in any way, the provisions of Section 5.8(b) hereof shall be immediately binding upon the Town. In the event the Town is prevented by binding court order from paying rebates with respect to Tract B, or otherwise fails to appropriate, the provisions of Section 5.8(b) hereof shall be immediately binding upon the Town. 13 Final 10/27/98 (b) Each taxpayer liable for Sales Tax, Lodging Tax or Real Estate Transfer Tax on taxable transactions within the Property or Tract B shall receive a credit against such taxes in each year equal to the total amount of the rebate which would otherwise have been due from the Town. The Town shall notify all persons who would typically collect such taxes from a taxpayer that taxes shall not be due from such taxpayer in an amount equal to fees paid by such taxpayer. Such credit shall be automatic and shall take effect immediately without being claimed on taxpayer's return relating to the applicable tax and without any requirement of approval or other action by the Town, but the transactions and payments supporting the credit for any given year shall nevertheless be subject to audit to the same extent, for the same limitations periods and in the same manner as the items which are required to be reported on the taxpayer's return relating to the applicable tax. The Town's agreement to grant such credit shall not be considered a multiple fiscal year financial obligation of any kind. The credits contemplated in this Section shall continue until bonds or other instruments of indebtedness issued by the Districts or other eligible non-profit corporations acting on behalf of the Districts which are paid by the fees received from such taxpayers have been paid in full and notice thereof has been delivered to the Town. It is the expectation of the parties that a separate series of bonds shall be issued for Confluence parking improvements, Tract C parking improvements and Tract B parking improvements. The Town shall grant such credits unless prevented by court order from so doing. In the event any action is commenced challenging the right of the Town to grant such credits, the Town shall notify Owner and Shapiro in writing of such action prior to the Town filing its first responsive pleading in such action and shall allow the Owner and/or Shapiro to participate in any defense to such action as set forth in Section 2.4 above. The Town agrees that it shall take no action to prevent, and shall not fail to take any action necessary to allow, Owner and/or Shapiro, or corporations they organize, from imposing and/or collecting fees as contemplated herein. 5.10 Legal Challenge to Tax Agreement. In the event any agreement contained herein regarding taxes is ever the subject of a successful legal challenge, the Town shall diligently resist such challenges in cooperation with the Owner as set forth in Section 2.4 above. If such challenges are successful in any material way, the Town shall undertake such curative actions as are necessary to attempt to fully restore the benefits of this Agreement to each of the parties. 5.11 Town Deposits. The Town may make other deposits from any other taxes or funds of its own to the rebate accounts 5.12 Town Expenses. Upon receipt of an invoice from the Town, the Districts shall pay the reasonable expenses of the Town for calculating and administering the rebates hereunder. ARTICLE VI SPECIAL DISTRICTS 6.1 Special Districts. The Town agrees to take all reasonable action necessary to approve an amendment to the service plan for the Districts to conform to the financial provisions of this Agreement and to permit the Districts to form qualifying non-profit corporations to carry 14 Final 10/27/98 out the purposes of this agreement and the amended service plan. The Mall shall be included in the Districts at the request of the Town. In addition, properties known as Avon Town Square, Lot 61, and other properties maybe included in the Districts upon reasonable terms and conditions. 6.2 Dissolution of Districts. Dissolution of the Districts shall occur in the manner set forth in the service plan for the Districts and in accordance with the provisions and procedures set forth in C.R.S. §§ 32-1-701, et seq. as in effect as of the date of this Agreement. ARTICLE VII DEFAULTS, REMEDIES, AND TERMINATION 7.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as: (a) any zoning, land use or other action or inaction, direct, indirect or pursuant to an initiated measure, taken without Owner's consent, that materially alters, impairs, prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and adversely affects any development, use or other rights of Owner under this Agreement or the Development Standards or PUDs; or (b) the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement. 7.2 Default b Owner. A "breach" or "default" by Owner shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this Agreement. 7.3 Notices of Default. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver written notice to the defaulting party of such default, at the address specified in Section 8.8, and the defaulting party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such thirty (30) day period and the defaulting party gives written notice to the non- defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 7.4 Remedies. (a) If any default under this Agreement is not cured as described above, the non-defaulting party shall have the right to enforce the defaulting party's obligations hereunder by an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. (b) The Town acknowledges that since this Agreement and the Development Standards constitute a development agreement which confers rights beyond those provided by 15 Final 10/27/98 the three (3) year statutory vesting approach described in the Vested Property Rights Statute, in the event of a breach or default by the Town, in addition to any of the foregoing remedies, Owner shall be entitled to: (i) recover from the Town any damages that should have been specifically available to Owner as contemplated in Colorado Revised Statutes Section 24- 68-105(1)(c) as in effect on the Effective Date, plus any other and additional damages provable at law; and (ii) cause the Confluence, or any portion thereof designated by Owner, to be disconnected from the Town. 7.5 Disconnection. The Town acknowledges that Owner has agreed to develop the Confluence at significantly lower density than Owner originally desired in consideration of the Town's agreement to rebate taxes as set forth herein, and that failure of the Town to appropriate revenues sufficient to pay the rebates contemplated herein will substantially impair the value of the Confluence. Accordingly, in the event the Town exercises its discretion in any year and determines not to make sufficient budget appropriations to pay such rebates, fails to make any other appropriations which may be required by law to enable the Town to perform this Agreement in all respects, if the Town contests disconnection or otherwise acts (or fails to act) in any way to avoid disconnection, if the Town is prevented by appropriate judicial order from making such appropriations, or if any other event occurs to cause rebates not to be paid as contemplated hereinOwner shall have the immediate and continuing right, at its election, to disconnect the Confluence from the Town it being the express agreement of the parties hereto that any such act, at the sole election of Owner, shall be deemed to be a failure of the Town to meet a condition of annexation of the Confluence and/or a failure to serve the Confluence in the manner agreed herein, and shall entitle Owner to the immediate disconnection of the Confluence notwithstanding any statutory procedure or requirement for disconnection by petition. In furtherance of said agreement, the Town represents that as a home rule municipality this contractual right of disconnection shall be in addition to any statutory right or procedure for disconnection which may exist under law which shall not be deemed exclusive rights and procedures. The Town agrees in such event that it will take all necessary steps to accomplish such disconnection and shall not contest any disconnection effort by Owner. The Town shall cooperate in all respects to accomplish such disconnection whether under the agreements set forth herein or under any applicable statutory disconnection procedure, which a court may require. Said disconnection shall not affect any development rights concerning the Confluence which are vested under common law vesting principles or which are vested pursuant to this Agreement. In the event the Town breaches this Agreement by failing to pay rebates, credit taxes or amend its Municipal Code as agreed in Article V hereof, Owner shall have all rights of disconnection set forth herein. 16 Final 10/27/98 ARTICLE VIII MISCELLANEOUS 8.1 Applicable Law. Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 8.2 No Joint Venture or Partnership No form of joint venture or partnership exists between the Town and Owner, and nothing contained in this Agreement shall be construed as making Town and Owner joint venturers or partners. 8.3 Expenses. Except as otherwise provided in a separate written agreement, Owner and the Town shall each bear their respective costs and expenses associated with implementing and enforcing the terms of this Agreement. 8.4 Waiver. No waiver of one or more of the terms of this Agreement shall constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 8.5 Town Findings. The Town hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety, and general welfare, and the provisions of this Agreement, the PUDs, Development Standards, and vesting agreements contained herein are consistent with the Comprehensive Plan, Municipal Code, and other applicable regulations and policies of the Town. 8.6 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the party against whom they are being enforced under the facts and circumstances then pertaining. 8.7 Further Assurances. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges under this Agreement. 8.8 Notices. Any notice or communication required under this Agreement between the Town and Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated below as the party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section designate additional persons to whom notices or communications shall be given, and designate any other 17 Final 10/27/98 address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: If to Town: Town of Avon P.O. Box 975 Avon, Colorado 81620 Attention: Town Manager if to Owner: Vail Associates Investments, Inc. c/o James S. Mandel, Esq. P.O. Box 7 Vail, Colorado 81658 Attn: Legal Department Attn: James P. Thompson With a Copy to: Sheldon & Gordon, P.C. 4582 South Ulster Street Parkway, Suite 902 Denver, Colorado 80237 Attn: Michael A. Sheldon, Esq. and to: White and Associates Professional Corporation 8005 S. Chester Street, Suite 125 Englewood, Colorado 80112 Attention: Gary R. White, Esq. If to Shapiro: Avon Commercial Center Ltd., a Colorado limited partnership, Shapiro Development Co., general partner c/o Shapiro Development Co. P.O. Box 5640 Avon, CO 81620 Attn: Ken Shapiro 8.9 _Assignment. This Agreement shall be binding upon and except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto. Except as specifically set forth herein, Owner shall have the right to assign, delegate or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Provided that the Town's approval of the assignee or transferee is first obtained, an assumption or transfers providing for express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall be relieved of any further obligations under this Agreement with respect to the matter sc 18 Final 10/27/98 assumed. The Town's obligations hereunder may not be assigned or delegated without Owner's written consent, and any attempted assignment or delegation by the Town not in compliance herewith shall be null and void. The Town's approval of any such assignee or transferee shall not be unreasonably withheld or delayed. 8.10 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 8.11 Amendments and Waivers. No amendment or waiver of any provision of this Agreement, nor consent to any departure herefrom, shall in any event be effective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above. TOWN: TOWN OF AVON, a municipal corporation of the State of Colorado By: ?aid- fh Subscribed before me this day of lwlle t? 1998, by -T&Ok aauXL4L as Mayor of Town of Avon, Colorado and tips as Town Clerk of Avon. My commission expires: My Commission Expires 03/28/2002 Notary blic 19 STATE OF COLORADO ) ss. COUNTY OF ?g ) Final 10/27/98 OWNER: VAIL ASSOCIATES INVESTMENTS, INC., a Colorado limited liability company STATE OF COLORADO ) ss. COUNTY OF ) Sub riber0 ^before me this da of 1998, by _? cal Y? ??GVL as W i (R of Vail Associates Investments, Inc. and IAN" as of Vail Associates Investments, Inc. My commission expires: Notary Public %-E "MAi _l NO •?;o R j; o0 OF roe ?? MV(, _, ,...... ,02 20 Final 10/27/98 SHAPIRO: Avon Commercial Center Ltd., a Colorado limited partnership, Shapiro Development Co., general partner By: Its: ATTEST STATE OF COLORADO ) ss. COUNTY OF lea t ) Subscribed before me this .771k day of (3 CIO bR ? 1998, by SA kko-4 '90't- rn E as ' c e p c e S• d-e of Swntcb 'J ev-e 1opn,ev\? CO • and 61'q-e- n "Re yhon as SeCct b.?'y of kdkU?T-O ?eytlODr??tnkC4 My commission expires: 101s, ?ON•R, Nolarv Public tw VAINCAGRT MW10081001980 244.2036 21 Final 10/27/98 Exhibit A-1 The Confluence Legal Description A parcel of land located in the south %, of the northwest '/4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the southerly right-of-way line of the Denver 8r. Rio Grande Western Rail Road and the westerly right-of-way line of Avon Road, from which the Center''/. corner of Section 12 bears S 04018'06" E, 612.39 feet; thence along the southerly railroad right-of-way N 65112327' W, 1729.75 feet to the southeasterly most corner of Tract H, Benchmark at Beaver Creek Subdivision, Amendment Number 4, as recorded in book 274 at page 701; thence departing the southerly right-of-way line and along the southerly line of Tract H N 89032'01" W, 397.29 feet to a point on the easterly line of Beaver Creek Subdivision, Tracts O and P, as recorded in Book 656 at page 662, said line being also the approximate centerline of the Eagle River, thence along the easterly line the following ten (10) courses: 1) S 48008'55" E,132.70 feet, 2) S 57°22'26" F., 341.00 feet, 3) S 49°50'33" E, 455.67 feet, 4) S 47'47'00" E, 293.81 feet, 5) S 43040'09" E. 152.41 feet, 6) S 50°10'13" E, 154.96 feet, 7) S 53042'45" E, 187.29 feet, 8) S 81°26'34" E, 214.88 feet, 9) N 86000'59" E, 162.21 feet, 10) N 86°36'05" E, 197.35 feet to a point on the westerly right-of-way line of Avon Road; thence along the westerly right-of-way line the following four (4) courses; 1) N 12°05'08" E, 120.18 feet, 2) N 12°07'30" E, 86.00 feet, 3) N 21-17'14- E, 52.00 feet, 4) N 04°29'54" E, 119.79 feet to the Point of Beginning. Parcel contains 18.886 acres. Final 10/27/98 Exhibit A-2 23 Lot C Legal Description A parcel of land described as Lot C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado, being more particular described as follows: Beginning at the easternmost corner of Lot C, also being the northernmost comer of Lot B; thence along the line common to Lots B and C. 5520 41'02"W, 397.57 feet; thence departing said common lot line, N6V 58'08'W, 22.72 feet; thence N02° 30'12"W, 576.33 feet to a point on the southerly right-of-way of Benchmark Road, thence along said right-of-way N590 20'02"E, 160.00 feet to a point on the westerly right-of-way of Beaver Creek Boulevard thence along said right-of-way S27° 05'23"E, 400.62 feet; thence continuing along said right-of=way along the arc of a tangent curve to the left 80.83 feet, having a radius of 540.00 feet, a central angle of 08° 34'36" and a chord which bears S310 22'41"E, 80.76 feet to the Point of Beginning. Parcel contains 3.24 acres. Final 10/27/98 Exhibit A-3 24 EXHIBIT A-3 LEGAL DESCRIPTION: Lot B, Avon Center at Beaver Creek The point of beginning being the southwest corner of Lot 8, Avon Center; thence N.52'41'01 "E., a distance of 397.57 feet to a point on a curve to the right, said curve having a radius of 450.00 feet; thence along said curve a distance of 187.14 feet through a central angle of 19'51'21", having a chord bearing and distance of S.45135'39"E., 186.20 feet; thence S.62'54'37"W., a distance of 15.00 feet; thence S.27'05'23"E., a distance of 12.03 feet; thence S.62'54'37"W., a distance of 137.49 feet; thence S.27'07'37"E., a distance of 65.53 feet; thence S.62'52'23"W., a distance of 55.96 feet; thence S.27'05'23"E., a distance of 61.17 feet; thence S.62'54'27"W., a distance of 12.10 meet; thence S.27'05'23"E., a distance of 40.05 feet; thence N.65'58'08"W., a distance of 366.19 feet to the True Point of Beginning. Said parcel of land contains 75,617 square feet (1.735 acres), more or less. Final 10/27/98 Exhibit B 25 l 11w FINAL 9-11-98 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this _25 day of August , 1998, by and between VAIL ASSOCIATES INVESTMENTS, INC., a Colorado corporation hereinafter referred to as "the ANNEXES", and the TOWN OF AVON, COLORADO, a municipal corporation, hereinafter referred to as "the TOWN." WITNESSETH: WHEREAS, the ANNEXEE is the owner of the property described in Exhibit A, attached hereto (the "Property"), and has filed a petition to annex said property to the TOWN; and WHEREAS, various issues remain to be resolved in connection with the anticipated use of the Property; and WHEREAS, the ANNEXEE desires to form two metropolitan districts to serve the permitted uses on the Property and must hold organizational and bond elections in November, 1998 (the "Election") in order to permit such districts to be formed to serve the Property; and WHEREAS, the TOWN and the ANNEXEE desire to conditionally annex the property to the TOWN without concurrent zoning so the districts can be approved in time to permit the Election to occur while also allowing the negotiating process to continue to resolve outstanding land use and other issues while fully reserving to the parties the power and authority to disconnect the Property as set forth herein if such issues cannot be resolved to the mutual satisfaction of the parties; and WHEREAS, the parties mutually agree that the conditional annexation of the Property to the TOWN shall not create any additional cost or impose additional burden on the existing residents of the TOWN to provide public facilities and services to the Property after annexation nor shall it create any obligation of any kind on the parties except as specifically set forth herein or in the Development Agreement contemplated herein; and WHEREAS, the parties intend, after annexation of the Property, to negotiate in good faith to complete a development agreement setting forth in detail their respective duties, obligations and rights with respect to the Property (which agreement shall be referred to herein as the "Development Agreement"). In consideration of the foregoing premises and the covenants, promises, and agreements of each of the parties hereto to be kept and performed by each of them, IT IS AGREED: i imii niiumiii 11111 iiiunuiiini iii nisi 1111 IN 677379 11/23/1998 04:19P 27 Sara Fisher L INTENTION OF THE PARTIES 1. It is the express intention of the parties hereto, and the express intent by which this Agreement shall be interpreted and the rights of the parties determined in all cases, that the TOWN shall conditionally annex the Property without granting any zoning of any kind at the time of annexation, and that the TOWN shall consider the approval of service plans for special districts which may ultimately serve the Property in sufficient time to permit the Election to occur, but only on condition that the parties enter into good faith negotiations to attempt to complete a Development Agreement as contemplated below, and that if such Development Agreement is not completed to the mutual satisfaction of the parties by October 31,1998, the Property shall be disconnected from the TOWN unless said date is extended by mutual written agreement. To that end, the parties specifically agree that the annexation of the Property by the TOWN as a conditional annexation, the approval of service plans for districts by the TOWN, and the entering into good faith negotiations to complete a Development Agreement shall not obligate the parties to execute any agreement, grant any zoning, or permit any use on the Property except as is voluntarily agreed by the Parties. 2. In the event the right of disconnection arises as contemplated herein, either party without consent of the other shall be entitled to seek such court orders as may be necessary to give effect to this Agreement disconnecting or confirming the disconnection of the Property from the TOWN. Such disconnection may be by Town ordinance or order to be obtained from the court vested with legal jurisdiction. Each party agrees that it will not contest any such effort by the other party and will provide reasonable assistance to the other party to achieve such disconnection by November 30, 1998 unless said date is extended by mutual written agreement. In such event, this provision shall be TOWN or the district court order or confirm the P oprty and agreement by the Town to have disconnected from the Town. II. DEVELOPMENT AGREEMENT 1. The Development Agreement shall at a minimum address the following matters to the satisfaction of the parties: tax rebates land uses and zoning special districts development entitlements conference center traffic impacts 2. The foregoing is not intended to be an exclusive list of issues to be addressed by the parties. Matters may be added to or deleted from said list at will of the parties; provided, however, that if a Development Agreement is not completed to the mutual satisfaction of the parties hereto, the remedies herein may be fully exercised by either or both parties. 111111111111111111111111111111111111111111111111111 677379 i nniiu IN IIL ZONING, DEVELOPMENT AGREEMENT AND DESIGN 1. Immediately after annexation of the Property is complete, the ANNEXEE and the TOWN shall commence negotiations toward the completion and execution of the Development Agreement described herein, and the ANNEXEE shall submit an application for zoning of the Property substantially as set forth in a "Land Use Plan" to be developed in conjunction with the Development Agreement. There shall be no statutory, constitutional, nor other obligation of the TOWN to zone the Property except as such matters are contemplated in the Development Agreement and zoning application filed consistent therewith. 2. In the event that prior to November 1, 1998 (1) the TOWN and the ANNEXEE are unable, despite their good faith efforts, to reach agreement on the terms and conditions of the Development Agreement, or (2) the TOWN does not adopt the appropriate ordinance adopting zoning for the Property substantially as set forth in the Land Use Plan or otherwise satisfactory to the ANNEXEE, or (3) if such zoning is adopted by the TOWN but is invalidated by referendum or other lawsuit, then, in any such event and upon notice by one party to the other of such event, the Property shall be immediately disconnected from the TOWN, and the parties shall immediately take all action necessary to cause such disconnection. IV. SPECIAL DISTRICTS 1. Immediately upon execution of this Agreement, the ANNEXEE shall be permitted to file service plans for two special districts to serve the Property which shall contain the information required by law for the TOWN to adopt a resolution of approval thereof. The TOWN shall act in good faith and expeditiously to consider the adoption of a resolution of approval not later than September 22, 1998 in order to permit the Election to occur on November 3, 1998. If resolutions of approval are not obtained, all negotiations regarding the Development Agreement may cease, but such negotiations shall not be required to cease. The ANNEXEE agrees that any special districts established within the Property shall neither levy, charge, or collect taxes, issue debt, nor shall such districts apply for or request Colorado Conservation Trust Funds as supplemented by the state lottery until a Development Agreement is executed. 2. In the event special districts are organized, the ANNEXEE shall not have any right to use such districts for any reason until a Development Agreement is executed and an amended service plan is approved if required by the TOWN. If a Development Agreement is not executed as contemplated herein, the districts shall be dissolved immediately. The provisions of this Article shall be incorporated in the initial service plans for such districts as conditions of service plan approval. 111111111111111111111111111111111111111111111111111 IN 677379 21/23/1998 MISP 27 Sara Flahor V. GENERAL PROVISIONS 1. This Agreement shall be recorded with the Clerk and Recorder in Eagle County, Colorado, and shall run with the Property, and shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto. Every part of the Property shall at all times remain subject to all the obligations of this Agreement with respect to each part of the Property. 2. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver or abrogation of the TOWN's legislative, governmental, or police powers to promote and protect the health, safety, or general welfare of the TOWN or its inhabitants; nor shall this agreement prohibit the enactment by the TOWN of any fee which is of uniform or general application. 3. If the annexation or zoning of the Property or any portion thereof is challenged by a referendum or initiative, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the referendum election. If the referendum challenge to the annexation results in disconnection of the Property from the TOWN, then this Agreement and all provisions shall ?bEnnull a the TOWN of further effect. If the referendum challenge falls continue to be bound by all terms and provisions of this Agreement. 4. In the event that the annexation of the Property or any portion thereof is voided by final action of any court, such action being associated with a referendum or initiated action, the TOWN and the ANNEXEE shall cooperate to cure the legal defect which resulted in disconnection of the Property or zoning challenge, and upon such cure this Annexation Agreement shall be deemed to be an agreement to annex the Property to the TOWN pursuant to Section 31-12-121 of the Colorado Revised Statutes. The ANNEXEE may reapply for annexation as when the*Property becomes eligible for annexation as determined by the TOWN. 5. It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with the constitution or any law of the State of Colorado or the United States, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision held to be invalid. Notwithstanding the foregoing, if the ANNEXEE'S right to disconnect contained in Article IH.2., or the TOWN's discretion over terms of the Development Agreement provided in Article H is determined to be illegal, unenforceable or in conflict with any applicable law, then this Agreement in its entirety shall be immediately void and of no further force or effect as to the Property and the TOWN shall take such action as is necessary to cause or confirm the disconnection of the Property, it being deemed that a condition of approval of the annexation ordinance has not been met. 6. This Agreement, the attached exhibits and the Development Agreement embody 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 11111111111111111111111111111111111111111111111111 iu IN -9 A R 41-00 D 0.09 N 0.00 Eagle CC communications, representations, or agreements, either verbal or written, between the parties hereto. Except as provided in this Agreement, there shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent therein, this agreement may be enforced in any court of competent jurisdiction. 7. This agreement shall terminate and expire thirty (30) years from the date of execution hereof. Thereafter, so long as the Property is located within the municipal boundaries of the TOWN, it shall continue to be subject to the charter, ordinances, and rules and regulations of the TOWN. 8. Under the Development Agreement, the ANNEXEE may be required to dedicate certain portions of the Property for public use and/or convey certain portions of the Property to the TOWN. All such dedicated or conveyed real property shall be dedicated for the perpetual use and benefit of the public by the dedication language of the relevant subdivision plat or shall be conveyed to the TOWN by general warrant deed free and clear of mortgages, deeds of trust, and other liens of whatever sort, and be free and clear of other restrictions, reservations, exceptions, covenants, easements, rights-of-way, and other encumbrances (except easements of record), and other encumbrances or natural conditions, except for those to which the TOWN had no reasonable objection in light of the intended use of the site, at no monetary cost to the TOWN. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. The ANNEXEE: Vail Associates Investments, Inc., a Colorado corporation OR COLORADO fl1J?TYcVO? ?-+ ? By: - 4A9-? (Nam and title) ) ss. &b `Subscribed before me this z-,:) day of C-r-:7Z-J 1998, by JA ?, A4 ,C)Der- as sR. V, P. of Vail Associates Investments, Inc. My com . sion expires: No is I II?III VIII 1lI?III tllll ?lll ??" IIIII?I III "I'I flll III 677379 11/23/1998 04:19P 27 Sara Fisher 5 of 8 R 41.00 D 0.00 N 0.00 Ea61a CO The TOWN: TOWN OF AVON, COLORADO A municipal corporation of the Eagle County, State of Colorado By: 4(N a and title) Mayor STATE OF COLORADO ) ) ss. COUNTY OF Eagle ) Subscribed before me this day of D? 0/o1,/- 1998, by as Y of Town of Avon, Colorado. ' - Commission Expires 09128!2002 Nly commission expireiY `Notary Public vAiNcWAORTWC1344081098 0244.2033 11111111111111111111111111111111111111111111111111 qp Sara IN EXHIBIT A LEGAL DESCRIPTION 11111111111111111111111111111111111111111111111111111 IN IN 677379 11/23/1998 04:19P 27 Sara Fisher EXHIBIT A LAND QF*qr_R1P110N A portal of land located in the south 1/2 of the northwest 1/4 of l i P rinc pa Section 12, Township 5 South, Range 82 West of the Sixth articularly described as more i p ng Meridian, Eagle County. Colorado. be follows: Beginning of o point on the southerly right-of-way line of the owA Rail Road and the westerly right-of-way ?o t 1 °5 ern Rio Grande Wes Rood, from which the Center 1/4 corner of Section 12 boors the southerly railroad rignt- l " i6 2 ong E. 61239 feet: thence a S 04'18'08 of-way N 65'23'27' W. 1729.75 feet to the southeasterly most corner of as r 4 N b , e um Tract H, Benchmark at Beaver Creek Subdivision, Amendment orting the southerly right- e de h n p c e recorded In Book 274 at page 701: t line and along the southerly line of Tract H N 89132'01" W, f-wc i i i n s? y o v s o , 397.29 feet to a point on the easterly line of Beaver Creek Subd d in Book 656 of pogo 662, said line being d Is .? e Tracts 0 and P. as recor proximate centerline of the Eagle River, thence along the the a l p so a easterly line the following ten (10) courses: 2) S 57'22'26' E. 341.00 feet, 70 f t ' ' ' o+ ee , E. 132. 55 08 1 S 48 3 S 49'50'33' E. 455.67 feet, 4) S 47'47'00" E. 293.81 feet, ' ' ' E. 154.96 feet, 13 10 5 S 43'40'09" E. 152.41 feet. 6) S 50 8) S 81'26'34" E. t 29 f 7 ' ' ' , , ee . E, 18 45 42 to o point on 7 S 53 ?97.35 feet 162.21 feet. 10) N 86'36'05' E. N 815'00'59" E l . g y right-of-way line of Avon Road; thence along the wester sterl h " E ' y e we t , 08 right-of-woy line the following four (4) courses: 1) N t2 05 3) N 2['17'14" E. $2.00 t f ' ' ' , ee E. 86.00 30 07 120.18 feet, 2) N 12 4) N 04'29'54" I~ 119.79 feet to the Point of Beginning. feet, Parcel Contains 18.886 acres. Together with three (3) parcels of land known as TK-10-11. TK-10 and South 1/2 of the Northwest 1/4 of th i e n PE-10 also being located Township 5 South, Range 82 West of the Sixth Principal Section 12 , Meridion, Eagle County. Colorado, the exterior boundary of these articularly described as follows: r i ng mo e p combined porcels be Beginning at the Northeast corner of the Confluents from which the 612.39 feet; themes S04' 18' 06"E , center 1 /4 of Section 12 bears f the Denver and Rio Grondo along the sou{.hsrfy right-cf-woy line o Western Railroad S 65' 23 27 E. 33.06 feet: thence deporting said ht the ri t . g o railroad right-of-way along the are of o non-tongent curve B' feet. ac 0 ttr o rodius of 1095.90 havin f t n gle of S g ee , he 161.21 aeo 4 thence 26" end a chord which bears SOW 28' $'W. following sewn (7) courses: 1. S11' 13' 03"W. 54.70 feet 2. S43' 13' 33`W, 37.70 ftet 3. S10* 05' 03"W, 94.50 feet 4. 586' 36' 05"W, 28.16 feet 5. N12' 05' 08':. 120.18 foot 6. N12' 07' 30"E, 86.00 feet 7. N21' 17' WE, 52.00 feet thence NOV 29' 54"E. 119.79 feet to the Point of Beginning. Parcel contains 0.28 acres more or test. 1111111 nq11111111111111111111111111111111111111111111 gni?11M Final 10/27/98 Exhibit C-1 26 Confluence PUD Revised Submittal No3 October 27, 1998 SECTION 11: Zoning Review: Title 17 I DEVELOPMENT STANDARDS: A. Intention: This development is intended to complement the adjacent town center developments, future developments and expansions and to provide a variety of uses on the Confluence such as lodges, commercial establishments and offices in a predominantly pedestrian environment. These development standards are intended to provide a development which distinguishes this development from other areas within the Town. B. Allowed Uses: The following uses shall be permitted in this Confluence development and those designated with a ¦ shall also be allowed at plaza / ground level, those uses not designated with a ¦ shall not be permitted at plaza / ground level. Commercial uses designated with a O shall be permitted to a maximum of 40,000 SF GLFA: 1. ¦ O Retail Stores; 2. ¦ O Specialty Shops; 3. ¦ O Restaurants, excluding drive-through windows; 4. ¦ O Cocktail Lounges; 5. ¦ O Personal service shops; 6. ¦ O Professional offices; 7. ¦ Hotels; 8. ¦ Lodges; 9. Apartments; 10. Condominiums; 11. ¦ Indoor recreation 12. • O Financial Institutions; 13. Bed and breakfast lodge; 14. Time-share, interval ownership, and fractional fee ownership projects; 15. ¦ Intercept / day-skier parking; 16. ¦ O Entertainment Facilities 17. ¦ Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district, to be approved by the zoning admininistrator. C. Special Review Uses: 1. Public Transportation facilities; 2. Public parking facilities except for intercept / day-skier parking provided at initial development phase. 3. Theatres; 4. Conference / Convention Facilities; 5. Aboveground public utility installations; 6. Churches; 7. Drive-through windows. Confluence PUD Revised Submittal No.3 October 27, 1998 Page 2 of 2 D. Development Standards: 1. Lot Area: 18.886 Acres [Not to be affected by future condominium and/or subdivision platting] 2. Building Height: No building or portion thereof may extend above a plane 10 feet below that projected horizontally from the top of the Avon Center Building, and in no case shall any building be taller than 120 feet, measuring said height as defined in Title 17 of the Avon Municipal Code. Specific buildings will provide for appropriate view corridors from town core areas. 3. Building Setbacks: See Building Setback Diagram - Exhibit N (Revised 10/9/98) A. Riverfront: Seventy Five Feet [75'] from the mean annual high water mark. if the 100 year flood plain or identified wetlands exceed the 75' setback those exceptions will constitute the designated setback. B. Side [East]: Twenty Feet [20] C. Rear [North]: Ten Feet [10'] Zero Feet [0'] for structures pertaining to transportation systems and / or buildings or pedestrian linkages. Non-habitable porte-cochere, low level roof structures covering open air pedestrian ways and awnings relating to commercial uses may encroach into setback. 4. Maximum Site Coverage: Seventy per cent [70%] 5. Maximum Density: 456 Dwelling Units which equates to 30 Dwelling Units per acre of buildable area. (3 hotel rooms or Accommodation Units = 1 Dwelling Unit) 6. Parking: A. Commercial: Five spaces per thousand square feet gross leasable floor area [GLFAJ applied to a full range of commercial uses [allowed in `Town Center' zoning such as retail, restaurant, and / or office] excluding parking requirements for incidental guest oriented commercial uses within hotels. B. Residential/Lodging: 1. Hotel: 1.0 parking space per room (Including parking requirements for incidental guest oriented commercial uses within hotel) 2. Timeshare / Interval Ownership Units: 0.6 parking spaces per bedroom 3. Dwelling Unit: 2.0 parking spaces per unit up to two [2] bedrooms plus, 0.5 parking spaces per additional bedroom. 4. Deed Restricted Employee Housing: 0.5 parking spaces per bedroom C. No additional guest spaces shall be required. All surface and below grade parking spaces shall be counted toward meeting these requirements. Final 10/27/98 Exhibit C-2 27 Lot C PUD Revised Submittal October 27, 1999 SECTION TI: Zoning Review: Title 17 I DEVELOPMENT STANDARDS: A. Intention: This development is intended to complement the surrounding town center developments, future developments and expansions and to provide a variety of uses on Lot C such as lodges, commercial establishments and offices in a predominantly pedestrian environment. These development standards are intended to provide a development which distinguishes this development from other zone districts within the Town. B. Allowed Uses: The following uses shall be permitted in this Lot C development and those designated with a ¦ shall also be allowed at plaza / ground level, those uses not designated with a ¦ shall not be permitted at plaza / ground level: 1. ¦ Retail Stores; 2. ¦ Specialty Shops; 3. ¦ Restaurants, excluding drive-through windows; 4. ¦ Cocktail Lounges; 5. ¦ Personal service shops; 6. ¦ Professional offices; 7. 0 Hotels; 8. ¦ Lodges; 9. Apartments; 10. Condominiums; 11. ¦ Indoor recreation and/or entertainment facilities; 12. ¦ Financial Institutions; 13. Bed and breakfast lodge; 14. Time-share, interval ownership, and fractional fee ownership projects; and, 15. ¦ Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district, to be approved by the zoning administrator. C. Special Review Uses: 1. Public Transportation facilities; 2. Public parking facilities; 3. Theatres; 4. Conference / Convention Facilities; 5. Churches; 5. Aboveground public utility installations; and, 6. Drive-through windows. Lot C PUD Revised Submittal October 27, 1998 Page 2 of 2 D. Development Standards: 1. Lot Area: 3.24 Acres [Subject to future condominium and/or subdivision platting] 2. Building Height: Subject to a Building Height equal to the Avon Center Building Height subject to verification by a licensed professional surveyor. 3. Building Setbacks: A. Front [North]: West Beaver Creek Boulevard - Twenty Feet [20'] Front (West]: Benchmark Road - Twenty Feet [20] B. Side [Bast]: Lot `B' - Ten Feet [10] Side [West]: Benchmark Road. - Ten Feet [10'] C. Rear [South]: The Town of Avon Mall - Ten Feet [10'] (Non-habitable porte-cochere, low level roof structures covering open air pedestrian ways and awnings relating to commercial uses may encroach ten feet into setbacks.) 4. Maximum Site Coverage: Seventy per cent [70%] 5. Maximum Density: 210 Dwelling Units - Site Density of 65 Dwelling Units / Acre (3 hotel rooms or Accommodation Units a I Dwelling Unit) 6. Parking: A. Commercial: Five spaces per thousand square feet gross leasable floor area [GLFA] applied to a full range of commercial uses [allowed in `Town Center' zoning such as retail, restaurant, and / or office] excluding incidental guest oriented commercial uses within hotel. B. Residential/Lodging: 1. Hotel: 1.0 parking space per room (including incidental guest oriented commercial uses within hotel) 2. Timeshare / Interval Ownership Units: 0.6 parking spaces per bedroom 3. Residential Unit: 2.0 parking spaces per unit up to two [2] bedrooms plus, 0.5 parking spaces per additional bedroom. 4. Deed Restricted Employee Housing: 0.5 parking spaces per bedroom C. No additional guest spaces shall be required. All surface and below grade parking spaces shall be counted toward meeting these requirements. EY"iaci L TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 99-18 SERIES OF 1999 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PLANNED UNIT DEVELOPMENT PLAN AND AMENDING THE DEVELOPMENT STANDARDS ESTABLISHED BY ORDINANCE 98-21, LOT C, AVON CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO W HEREAS, Vail Associates Investments Inc., owner of the Lot C, has applied for approval of a Planned Unit Development Plan (PUD) and Amended PUD Development Standards, as stipulated in Title 17 of the Avon Municipal Code; and W HEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Zoning and Development Plan application; and W HEREAS, the Planning & Zoning Commission has reviewed and evaluated the Development Plan according to the criteria Section 17.20.110, subsections H and I, of the Avon Municipal Code; and W HEREAS, upon satisfaction of the Planned Development Plan the Conditions herein including execution of an acceptable Development Agreement by the Town FAA&Z\ Resolutions\1999 Resolutions\99-181otcR.doc Council of the Town of Avon, the Planning & Zoning Commission finds that: 1. The density, land uses and overall pattern of development conform to the Avon Comprehensive Plan goals and objectives. 2. The PUD Development Plan and Development Standards conform to the overall design theme of the town, the Subarea design recommendations and design guidelines; 3. The PUD Development Plan and Development Standards are compatible with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation; 4. The PUD Development Plan and Development Standards propose a mix of uses, activity, and density which provide a compatible, efficient, and workable relationship with surrounding uses and activity; 5. The PUD Development Plan will identify and propose any necessary mitigation and/or avoidance of natural and/or geologic hazards that affect the property; 6. The development as represented by the PUD Development Plan and Development Standards appear to be designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community; 7. The project will incorporate a circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation that is compatible with the town transportation plan and proposed downtown plan; 8. The PUD Development Plan and development standards propose functional and aesthetic landscaping and open space, and the PUD Development Plan will optimize and preserve natural features, recreation, views and function; 9. Phasing plans maintain a workable, functional and efficient relationship throughout the development of the PUD. The phasing plans clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of FAP&Z\Resolutions\1999 Resolutions\99-181otcR.doc future project phases based on the execution of an acceptable development agreement and ordinance conditions; 10. There are, or will be as needed, adequate public services including sewer, water, schools, transportation systems, roads, parks, and police and fire protection; N OW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends to the Town Council of the Town of Avon, Colorado to approve the PUD Development Plan and amended development standards as depicted in Exhibit A, entitled Lot C Avon, Colorado PUD Development Plan dated December 14, 1999 as follows: a. Reducing the West Beaver Creek building Setback from 20 feet to 10 feet, reducing Benchmark Road building setback from 10 feet to 5 five feet, the establishment of an 8 foot underground parking setback. b. Allowance of non-habitable encroachments into the 10-foot setbacks. c. An exemption for 20 employee housing units from the maximum allowed density of 210 dwelling units, subject to the following conditions: 1. General requirements and limitations: 1. The phasing plan as proposed does not comply with the Comprehensive Plan. The hotel and retail phase should be constructed with Phase 1A. 2. The two-bedroom time-share units constitute one dwelling unit and may not be further subdivided, sold, transferred, conveyed, leased, or sub- leased separately. 3. A complete landscaping plan and construction laydown plan will be required prior to issuance of a building permit for each phase of the project. 4. A common area with a fireplace is required on each floor of the employee Housing Project. 5. The parking structure will be designed for future access to the Sunroad ramp and Lot B. FAP&Z\Reso1utions\1999 Resolutions\99-181otcR.doc I I 6. All parking aisles are required to comply with the 24'0" width. 7. All of the encroachments proposed in the setbacks are non-habitable. The non-habitable encroachments are limited to balconies, porte-cochere, roof overhangs, awnings, and lower level roof structures. II. Streets and Streetscape: 8. All perimeter sidewalks throughout the project shall be a minimum of 8'0" width. 9. No columns or structural supports may either impede the 8'0" wide sidewalk clearance requirements or encroach into driveways or entrances. 10. All curbs along street and entrances must include 2'0" gutter pans in addition to the driving lanes. 11. All streetscape improvements will include furniture, fixtures, and lights per Town standards. 12. All street and streetscape improvements along West Beaver Creek Boulevard and Benchmark Road must be completed at the time of issuance of the first TCO for the project. 13. The final design and specifications for the bus stop will be required at design review. 14. All surface entries and loading entrances shall have a minimum vertical clearance of 13'6'. 15. All parking entrances from public roads shall have a 28'0" access width, which will include a 2'0" gutter pan on each side. 16. The fountain/seating area adjacent to the Town Center Mall must be complete at the time of issuance of the first TCO for the project. 17. The grading plan adjacent to the Town Center Mall is not approved and must be resolved at design review contemporaneous with the streetscape improvement plan with the first phase of development. F:\P&Z\Resolutions\1999 Resolutions\99-18IotcR.Aoc t III. Required Agreements: 18. An Access Easement Agreement by Lot C for the benefit of Lot B executed prior to issuance of a building permit and approved by the Town of Avon. The Agreement must contain the following terms and conditions: i. A 39'0 access easement at Sunroad i.e, 19'5" on each property. ii. Reciprocity for access and storage during construction. iii. This Agreement will also set forth authorization for construction and management of the stone drainage facilities from Lot B. 19. An Agreement will be required prior to issuance of a building pen-nit for the management, design and construction of the storm water detention and pollution control facilities proposed on Town property known as "Tract G, Benchmark at Beaver Creek Subdivision". The PUD Development Plan in not an approval for the proposed use of Tract G for storm water and pollution control facilities. IV. Amendments to the PUD Development Plan: 20. The PUD Development Plan may be modified by reducing the number of time-share units to accommodate the required parking, additional retail space, employee housing, or hotel units without requiring a PUD Amendment. V. Final Design Review: 21. The accessibility and function of the trash and delivery areas is not approved. All aspects of the trash and delivery areas will be resolved and clarified at Design Review. 22. The architecture, construction details, final grading and drainage plans depicted in the PUD Development Plan are conceptual only. A separate process is required for refining and resolving the details for the project. FAMZ\Resolutions\1999 Resolutions\99-181otcR.doc ADOPTED THIS 21h DAY OF DECEMBER, 1999 Signed: Anne Fehlner, Chai Date: Attest: Greg Macik, Secretary fIC?? Date: Z FAP&Z\Resolutions\1999 Resolutions\99-181otcR.doc 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JANUARY 25, 2000 A regular meeting 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 Judy Yoder at 5:27 PM. A roll call was taken with Councilors Jim Benson, Debbie Buckley, Rick Cuny, Mac McDevitt, Buz Reynolds and Mayor Protem Bob McIlveen present. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Director of Community Development Mike Matzko, Public Works Director Bob Reed, Transportation Director Harry Taylor, Town Engineer Norm Wood, Executive Assistant Jacquie Halbumt as well as members of the press and public. First Reading of Ordinance No. 00-01, Series of 2000, An Ordinance Approving an Amendment to the Wildridge PUD and Approving the Grandview at Wildridge PUD and Development Standards for Lot 45, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado Councilor Reynolds asked what the actual percentage of footprint would be on each lot. Community Development Director Matzko said it would be less than the 50% maximum lot coverage. Councilor Buckley motioned approval of Ordinance No. 00-01, Series of 2000, on first reading. Mayor Protem McIlveen seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolution No. 00-04, Series of 2000, A Resolution Approving the Preliminary Plat, A Resubdivision of Lot 51, Block 1, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Town Engineer Wood stated this is a subdivision of a four-plex townhome project located at the corner of Nottingham Road and Mountain Star Drive. The final plat is on the Consent Agenda. Due to the number of divisions involved, it requires going through the whole subdivision process. 0 There being no comments from the public, Mayor Yoder closed the public hearing. Mayor Protein McIlveen motioned approval of Resolution No. 00-04, Series of 2000. Councilor Buckley seconded the motion. The motion carried unanimously. Resolution No. 00-07, Series of 2000, A Resolution Approving the Preliminary Supplemental Condominium Map of Avon Town Square Commercial Condominiums, Lot 2, Phase II, Avon Town Square Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated this is a public hearing. Town Engineer Wood stated this is the second phase of building two on Lot B. This finishes out the final phase. The final plat is on the Consent Agenda. There being no comments from the public, Mayor Yoder closed the public hearing. Councilor Buckley motioned approval of Resolution No. 00-07, Series of 2000. Mayor Protein McIlveen seconded the motion. The motion carried unanimously. Town Manager Report: Town Manager Efting stated we've made a lot of headway on our web site and it is looking really good. 0 Town Attorney Report: Town Attorney Levin stated he would be out of the office for the rest of the week. Consent Agenda: a.) Approval of the January 11, 2000 Council Meeting Minutes b.) Resolution No. 00-03, Series of 2000, A Resolution Declaring the West Beaver Creek Boulevard Street Improvements to be in Pursuance of a Public Purpose, and Authorizing All Steps Necessary and Proper for Acquisition of All Interests, Rights of Way, and/or Easements Needed to Perform Such Improvements c.) Resolution No. 00-06, Series of 2000, A Resolution Approving the Final Plat, A Resubdivision of Lot 51, Block 1, Benchmark at Beaver Creek Amendment No. 4, Town of Avon, Eagle County, Colorado d.) Resolution No. 00-08, Series of 2000, A Resolution Approving the Final Supplemental Condominium Map of Avon Town Square Commercial Condominiums, Lot 2, Phase II, Avon Town Square Subdivision, Town of Avon, Eagle County, Colorado e.) Wildridge Entry Design Services Agreement - Terrasan, Inc. ® f) Eagle River Bike Path Easement Descriptions - Alpine Engineering, Inc. Proposal g.) East Avon Access & Circulation Plan - Additional Services Request h.) Financial Matters Mayor Yoder stated that item 3 will be pulled from the Consent Agenda. Mayor Protem McIlveen motioned approval of the Consent Agenda minus item e. Councilor Buckley seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Benson motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 5:32 PM'. Y SUBMITTED: APPROVED: Jim Benson Debbie Buckley Rick Cuny Mac McDevitt Bob McIlveen Buz Reynolds Judy Yoder Kris Nash.)Town Clerk C7 0 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager -61? -- From: Norman Wood, Town Engineer--? Anne Martens, Engineer I Date: January 26, 2000 Re: Resolution No. 00 - 09, Approving the Final Plat, A Resubdivision of Lot 22, Block 2, Wildridge, Town of Avon, Eagle County, Colorado Summary: George Plavec, owner's of Lot 22, Block 2, Wildridge, have submitted a Final Plat to resubdivide Lot 22, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 22N and 22S. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 00 - 09, Series of 2000, A Resolution Approving the Final Plat, a Resubdivision of Lot 22, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: C7 L22B2WR TOWN OF AVON RESOLUTION NO. 00 - 09 Series of 2000 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 22, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, George Plavec has submitted a Final Plat for a Resubdivision of Lot 22, Block 2, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. • NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 22, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2000. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk L22B2WR0009 Memo February 2, 2000 To: Meryl From: Sarah RE: Thunderbird Arts Festival Band Contract P Summary Attached please find the contract between New Shoes and the Town of Avon for performance services by New 5hoes at the Thunderbirds Arts Festival. New 5hoe5 is a local band. They offer a different style of music than past bands we've had at this event. We feel they will be a nice addition to this year's enhanced Thunderbirds Arts Festival. Recommendation I recommend that Council approve and sign the attached contract for performance services at the Thunderbirds Arts Festival in the amount of $1,200.00. C Town of Avon • P.O. Box 975 . Avon, CO 81620.970-748-4032 NEW SHOES PO SOX 3575 EAGLE, CO. 81631 970-328-5424 ENTERTAINMENT AGREEMENT This agreement is made between New Shoes (entertainers) and Town of Avon (purchaser). Type of Engagement Avon Art Festival Date Saturday July 29, 2000 Place Outside stage area next to Avon Rec. Center Hours of Performance Approx. 4PM - 7PM (hours to be confirmed no later than 60 days prior to date of engagement. COMPENSATION New Shoes agrees to provide entertainment for the Town of Avon Arts festival for the fee of $1200. A 50% deposit is due upon signing of the contract to reserve the date. Balance is due and payable upon completion of the performance. Deposit and final payments are to be made out to New Shoes. Deposit and signed agreement should be returned to PO Box 3575 Eagle, CO. 81631 Agreement executed on Entertainer Spokesperson Phone # Purchaser Address- Phone Please return the original of this agreement as soon as possible. You may photocopy this form for your records. The purchaser's signature above will constitute this as our agreement. f ?' I TERMS AND CONDITIONS Purchaser shall provide band with a stage area separated from the dance floor if applicable, and adequate lighting and electrical power. Purchaser shall be responsible for any equipment belonging to the band that may be stolen or damaged by any person other than a band member. Entertainers are entitled to reasonable break periods during the performance. Agreement of the entertainers to perform may be negated by proven sickness, accidents, riots, strikes, acts of God, or any other legitimate conditions beyond their control. New Shoes must receive notice of cancellation in writing from purchaser no later than 21 days prior to the scheduled performance date. Failure to comply may result in compensation in the amount equaling stated fee to become due and payable immediately. Any and all deposits are non-refundable in the event of said cancellation. New Shoes retains all rights concerning the material they perform. No performance shall be recorded or reproduced in any manner or by any means unless a written agreement is first obtained from the entertainers. In the event legal proceedings are instituted to enforce any provisions of this agreement the prevailing party shall be entitled to reasonable attorneys and court costs. E TERMS AND CONDITIONS RIDER Purchaser shall provide stage and sound requirements as stated in the attachments to this agreement. r i' E r? JI) r yn ? tab lei r', ff o j ? • I 0 Memo February 2, 2000 To: Meryl From: Sarah ICE: Thunderbird Arts Festival Band Contract Summary Attached please find the contract between Good Times Entertainment and the Town of Avon for performance 5ervice5 by Cabaret Diosa at the Thunderbirds Arts Festival. Cabaret Dioca i5 a local band out of Boulder. They offer a different style of music than past bands we've had at this event. We feel they will be a nice addition to this year's enhanced Thunderbirds Arts Festival. Recommendation I recommend that Council approve and Sign the attached contract for performance oervices at the Thunderbirds Arts Festival in the amount of $2,000.00. n Town of Avon 9 P.O. Box 975 9 Avon, CO 81620.970-748-4032 02/02/2000 13:58 3035460492 CLOD TIME FAX Good Time Entertainment CONTRACT #07292000Cabarct lwnderbirdArtsFeadval Venue: 't'own Park Performance Date: July 29, 2000 Address: Benchmark Rd, Avon, CO Mailing Address: Town of Avon, PO Box 975, Avon, CO 61620. Contact: Sarah Stoutenbutsh-Lai Artist: Cabaret Diocs Venue Phone: (970) 748-4032 Fax: (970) 949-9139 Wage agreed upon: 52,000.00 flat fee. (51,000.00 deposit due by February 29, 2000) Venue capacky: 1,500 Load In tie: 2:00 p.m. Potential Artist Earnings: $2,000.00 PACE 01 Sound/Productioe: The Town of Avon has =Weed Q?icktc= Audio to provide smind reinforcement and liotiug for this performance to meet attachod technical rider. Contact: Gary Matthews @ 800-227-6239. Number of sets/times: two 75-nunute sots. Number of bands: two Fw tioo/sW: Headliner Showthw: approximately 5:00 p.m., advance with Sarah Sospitality: One bot meal per band/crew member, ten (10) total. Buyout is optional at Sl0 each Complimentary beverages and soft drinks will be p mvidod for band/crew members backstage. HoteUl Bing: Complimentary dbl. occ, rooms provided for ten by the Town of Avon. Misc: All ages free show, New Shoos open. Websdc: WWw. Date scut: February 2, 2000 Agent Namc]Signata Todd Miller Buyer NameJSigeature: Date: Please see reverse side for additional terms and conditions, sign and return this document by fax to (303) 546-0492, and mail the original to the address below witbin seven days. 1F any changes are necessary, pkase note them next to the item in question and initial It Thank you for working with Good Time Entertainment! 4155 Riverside Ave, Boulder, CO 80304 Phone: (303) 546--0500/Fax: (303)!546,0492 1] E goodtimetoddOeaxtbainkmet citarel UicEa Input Ust ## Mme P Illo• allok meaft Ion l 1 lft- Ikt _ h• 1 ne - S•are a us Brow. I uk - rhud 1 A m loft-T=1 5 .1m INNIMS loft'-TM2 - 1Mft-T=a !r•= 1 uk a. Timhaln ! I:t mw !cn 1 me -tons 1 ! Vr d Moon 1 c - Conga 2 and i 10 1 Fort o• 1 Mlle - bales 11 ftw 0 ct ksVI BIN 12 mf of Eels Wrodkovalm 13 !arts letter 1 - !altar Amp 14 Wt. of rd !treat ct BIX A arm Tr of 1 Ad lift n AM lot 1! i vocal I we - Strftht SUN, 11 MIS vocal 1 Kfc - Ipht ltt•d 21 Pad Ban Vstd 1 MM 21 ru"m r veal 1 oft 22 Vwd VhftWed 1 Ift 23 t fm T •t vied 4 Ink, 24 Kim/MWd ItsM d vocal 1 - Ift am Sod + ts: Lots r•1 rl, very Wee (for that 1dl aid M"seats It t i fx el f-rlD m ED? y W 0 14 02/02/2000 13:58 3035460492 GOOD TIME FAX PAGE 02 11 • AD IITTI NAL rERMS & CONDMONS Agreement of Artist to perform is subject to detention in the event of illness, accident, civil unrest, strikes, epidemics, acts of God, or other conditions beyond the control of the Artist. In the case of such events, any deposits will be immediately refunded to the buyer. This contract is not subject to cancellation by the buyer without written notice to the artist at least six weeks prior to the performance date. Any such cancellation by the buyer will result in forfeiture of any deposits paid unless the ;artist can be contracted for another performance on the same date at a wage equal to or greater than the waste set forth herein. The deposit forteiture is in addition to any other remedies afforded by law to the artist. Additionally. non-payment of the deposit shall not relieve :he Buyer of :he obli¢ations set forth herein. In consideration for -he services rendered by Good Time Entertainment i Herein referred to as the.-kaency) :n securing this contract (whether or oral or written). the artist. ind',' dually and by and through. Aaist's management and representatives covenant and agree that the Agency remains the responsible and exclusive representative of the knist for the Buver. Furthermore. -he artist agrees to pay the specified commission' :or future Agency representation. and agree that the sen-ices rendered will be effective for a perod of twelve ( l:) months, beginning from the date of the performance referenced in his con- tract. Likewise. the Buyer covenants and awrees that the a,,encv remains :he responsible and exclusive representative of the artist for the Buyer for the same time =rame described herein. :grist and Buyer, individually and by and through. agree that receipt of this contract and commencement of performance shall be adequate confirmation of all terms embodied in this contract and all attached riders. and shall be binding on all parties, whether the document is signed or not. A.ll attached riders are to be considered legally binding extensions of this contract, It is expressly understood by the Buyer and the artist who are parties to this contract that neither the Agency nor its officers are party to this agreement in any capacity and that neither Good Time Entertainment, nor its officers are liable for the performance breach of any provisions hereof. This agreement shall be governed by, constructed, and enforced in accordance with the laws of the State of Colorado. Artist and Buyer voluntarily submit themselves, individually and by and through, to the jurisdiction of the Superior Court of Boulder County. 11 MEMORANDUM February 4, 2000 To: Honorable Mayor and Town C it Thru: Bill Efting, Town Manager From: Charles Moore, Fire Chief Re: Agreement Letter for Professi n S ices - Maxwell Consulting Services Summary: The fire department is now involved with plan review and fire protection discussions on the Ritz-Carlton hotel in Bachelor Gulch. This building is very large and complex; and so are the fire protection systems. The Deputy Chief has requested technical assistance from a fire protection engineer who can assist her with technical reviews of the fire sprinkler and fire alarm proposals. Financial Implications: There exists in the County Fire Code, the ability to charge for special reviews. The Deputy Chief has discussed this matter with Vail Resorts and they are in agreement to pay the extraordinary costs of our review; specifically the fees of the fire protection engineer the department will retain. We have discussed an amount of $5000 per year for three years; that amount has been agreed to. Therefore, the fees incurred under this agreement will be recovered. Recommendation: Authorize the Mayor to sign the agreement. Jan 13 00 07:42a 9822 Corsair Drive Conifer, CO 80433 Scott Maxwell (303)816-9535 Maxwell Consulting Services Fire Protection Engineering Letter Agreement for Professional Services 01/1.2/2000 Ms. Carol Gill-Mulson. Depute Chief, Firc Prevention Avon Fire Departn enc P.O. Sox 7980 Avon, CO 8I620-7980 P.1 4 (303) 816-9769 RE. Fire Protection Engineering Services Dear Ms. GiJLMulson: Thank you for the opportunity for Maxwell Consulting Services, LLC to propose our engineering services co you. SCOPE OF WORK Provide Fire Protection Engineering services. including plan reviews and other fare protection engineering services as required. ENGINEER'S COMPENSATION We propose to provide basic fire protection engineering services for a fee of $78.00 on an hourly basis as re garire d Plan reviews will be charged at the hourly rate based on a 14 calendar day period from date of receipt to date of review completion, with review letter faxed as necessary. Rush work, including plant and other documents which tequirr a review in less than 14 calendar days will be billed at a rate of 5107.00 per hour. REIMBURSABLE EXPENSES AND TRAVEL TIME Reimbursable project-related expenses and travel time would include trips to a job site at a rate of S032S/mile. travel dine to and from a Job site and meetings at the hourly care Long distance telephone calls, facsimile transmissions, reproduction costs, express mail, and messenger sc"xc will be billed at I.5 tirnes AWW coa>: INVOICES invoices for srrviees and reimbursable oasts will be submitted approximately monthly. Labor will be invoiced based on hours tirtus hourly rate basis. 11 11 Avon Firs Department agrees to review invoices upon receipt and to notify Maxwell Consulting Services within seven days of receipt of any irregularities or errors which would prcdude prompt payment. Jan 13 00 07:42a Scott Maxwell (303)816-9535 P,2 11 M& Gill-Mulson -2- IJiO/2(100 PAYMENT Payments are due and payable upon receipt of our invoice. Amounts unpaid after 60 days from date of invoice shall bear interest at the rats of I-1/20/o per month. If payment is not received within g0 days of due due, Merrell Consulting Serview, LL.C shA 6e entitled to alt muon,bj,e tests of colkction including reasonable attotmWs fees. STANDARD TERMS AND CONDITIONS The Standard Tern and Conditions attached to and included as put of this Letter Agreement for Pio&a onal Servi sW be binding on all pubes. C7 E Jan 13 00 07:43a 9822 Corsair Drive Conifer. CO 80433 Scott Maxwell (303)816-9535 Maxwell Consulting Services Fire Protection Engineering Matrwell Conm1ting Services, LLC 9822 Corsair Drive Conifer, Colorado 80433 303/816-9769 FAX: 303/816-7048 atim&" •t CA" p.4 (303) 816-9769 STANDARD TERMS AND CONDITIONS tvtaxwell Consulting sic- s. LLC (MCS) and ire, emptuyees will perform services under this agreement is a tanner cancistent with d%at degree of care and skill ordinardy eraciscd by trhembas of the same profession etateculy practicing tahdcr smilax ciruaasranaea. No wahrana«, esgtCem oe im h cL me made with respect to MCS's performance, MCS is not a gvarmmor of the proiea to which its services are directed, and its raponsibility is limited to .ark Fcdormcd for the client. MCS is not responsible for acts or omissions of dx client, nor for third patties not under MCS's direct control. MCS shall not be Gable for any mason for any spcual, indirect, of comegttentnl damages including lam of use and lam of profir. MCS may rely upon infoemation supplied by the Client engaging MCS or its contractors or xtbconxiltann, or infoem don grail" firm generally acceptable reputable sources withota independent vrrifkarion. ov n+strlrip vlDocameam MCS retains ownership of letters, reports, drawings, specifications, and notes. These doammeno or puts thereof may not be reproduced in adverriemem brochures, or sales martrial, nor used by the diem for any purpose other dun the ptttpose for which they were prepared, nor by third parries, without the "rtah pmmimion of MCS. Acaeas to Site MCS will be Given acew to a site for uji itim nrcmmry fix thrit perfomraance of the services. Thie dull inclikle, where nginred, the aaagtmunt of Cheru's personnel to provide access to starred arras, and where required, to open any sealed equipment for visual inspection or testing. fitY Fidel work of MCS will be perfomxd only under conditions deemed safe by their personnel. Should additional safety or seauity measutres bt required became of haz udom job conditions, MCS shall be reimbooed for the meamcd including labor and mxcrial. Ma is sot responsible for the safety of odum. Aooeptaeeo of P-Pow i "This agrernunt shall be dtwwd to be accepted by all parties upon any of the following events a. Extastion of agreement with signed copy returned co MCS, b. Written or verbal request for MCS to comatence work ore any part of the scope of wodt or services. TerrninNim of 8ervices/saspessim adWesk Ill agreement may be mrmuured upon 10 days written notice by a dm patty should the other fail m perfoan his/her obligation heretusder. In the teem of rcttnirution the client shall pay MCS for all stmt. rendered to the dare of terroatution all reimbursable expenses. and reimbursable tetrtnittarm expenses. MCS restrrcs the right to mtgxnd all or part of the worst relied to this Contract in the event that payments for services ut not paid within g0 days from invoice gk=m . Work asspa dcd will be reauattcd when payment, induduig interest due, is tecdved by MCS. Applicable Law This agrremem shall be goveroed by the laws of the Statc of Colorado. E 0 Jan 13 00 07:43a Scott Maxwell (303)816-9535 P-3 Ms. Gill-Mulson -3- 1/I0/2000 If this proposal meets with your satisfaction, please so indicate by your signauar, below. Thank you for your uxemt in Maxwell Consulting Se vices, LLC. Vcty truly yours, Scow L. Marvell. P.E. Maxwell Consulting Services, LLC 11 Signature Maxwell C nsulaug Sawes, LLC Print name above ?1 i FINANCIAL MATTERS February S, 2000 1. Detail - Building Activity Report ....................................................1 2. Accounts Payable Listing ..............................................................2 3. Manual Check Listing ..................................................................3 RECOMMENDED ACTION ® RECEIVE item 1 APPROVE items 2 through 3. C7 Town of Avon P.O. Box 975 Avon, Co. 81620 970-748-4030 Permit Tally rdyc 1 VI Printed 2/4/2000 For: January, 2000 # of Bldgs :0 # of Units : 0 Construction Value :$0.00 Permit Charges : $0.00 Private: 1 # of Bldgs :0 # of Units: 0 Construction Value: $0.00 Permit Charges : $0.00 epair/Remo a Public: 0 omm n ust Bldg, # of Bldgs : 0 # of Units : 0 Construction Value :$0.00 Permit Charges : $0.00 Private: 1 # of Bldgs :0 # of Units: 0 Construction Value: $0.00 Permit Charges : $414.65 DtaIS: Public: 0 # of Bldgs : 0 Private: 2 # of Bldgs : 0 # of Units : 0 Construction Value: $0.00 # of Units : 0 Construction Value :$0.00 Permit Charges : $0.00 Permit Charges : $414.65 02/04/00 TOWN OF AVON PAGE 1 -ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SCTION CRITERIA: transact.check_ no between 167679' and 167851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION- - ---- AMOUNT 11101 67680 02/08/00 ACCOUNTI ACCOUNTING SYSTEMS, INC. 141 PROGRAMMING SVCS 156.25 11101 67684 02/08/00 AIRTOUCH AIR TOUCH CELLULAR 10 CELL SVC 12/16-1/15 35.64 11101 67684 02/08/00 AIRTOUCH AIR TOUCH CELLULAR 10 CELL SVC 12/16-1/15 19.13 11101 67684 02/08/00 AIRTOUCH AIR TOUCH CELLULAR 10 CELL SVC 12/16-1/15 24.57 TOTAL CHECK 79.34 11101 67685 02/08/00 AIRGASIN AIRGAS INTERMOUNTAIN, INC 520 BULK CO2 98.70 11101 67685 02/08/00 AIRGASIN AIRGAS INTERMOUNTAIN, INC 520 BULK CO2 155.95 11101 67685 02/08/00 AIRGASIN AIRGAS INTERMOUNTAIN, INC 520 CYLINDER RENTAL/DEC 68.93 TOTAL CHECK 323.58 11101 67686 02/08/00 ALPINECO ALPINE COFFEE SERVICE, IN 211 CASE OF COFFEE 62.40 11101 67686 02/08/00 ALPINECO ALPINE COFFEE SERVICE, IN 149 COFFEE SUPPLIES 12.91 11101 67686 02/08/00 ALPINECO ALPINE COFFEE SERVICE, IN 149 COFFEE SUPPLIES 31.59 11101 67686 02/08/00 ALPINECO ALPINE COFFEE SERVICE, IN 312 COFFEE SUPPLIES 75.55 TOTAL CHECK 182.45 11101 67687 02/08/00 ALPINELO ALPINE LOCKSMITH 312 DUPLICATE KEYS 26.95 11101 67688 02/08/00 AMICH&JE AMICH & JENKS, INC 311 POLYGRAPHS 170.00 1 67689 02/08/00 APEXSECU APEX SECURITY GROUP 520 MONITORING/1ST QTR 300.00 1 67689 02/08/00 APEXSECU APEX SECURITY GROUP 520 MONITORING 1ST QTR 570.00 TOTAL CHECK 870.00 11101 67690 02/08/00 ASSOCCOM ASSOCIATED COMMUNICATIONS 132 LASERJET PRINTER 367.00 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 212 CELL SVC 12/16-1/15 1.68 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 514 CELL SVC CREDIT -23.51 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 213 CELL SVC 12/16-1/15 275.46 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 214 CELL SVC 12/16-1/15 249.21 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 311 CELL SVC 12/16-1/15 1.65 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 312 CELL SVC 12/16-1/15 6.05 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 411 CELL SVC 12/16-1/15 59.31 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 412 CELL SVC 12/16-1/15 13.04 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 413 CELL SVC 12/16-1/15 61.22 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 514 CELL SVC 12/16-1/15 100.47 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 131 CELL SVC 12/16-1/15 127.54 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 141 CELL SVC 12/16-1/15 24.52 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 211 CELL SVC 12/16-1/15 26.97 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 415 CELL SVC 12/16-1/15 19.28 TOTAL CHECK 942.89 11101 67694 02/08/00 BLACKBEA BLACK BEAR SYSTEMS, INC. 213 PTWIN SOFTWARE 310.00 11101 67695 02/08/00 BOBCATOF BOBCAT OF THE ROCKIES 415 PALLET FRAME, FORKS 725.00 11101 67696 02/08/00 BOUNDTRE BOUND TREE 516 INSTANT COLD 41.50 00 1 67697 02/08/00 BRATTONE BRATTON ENTERPRISES, INC 413 ROAD SURFACING 3,107.30 RUN DATE 02/04/00 TIME 09:47:23 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check_no between 167679' and '67851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- PAGE 2 AMOUNT 11101 67698 02/08/00 BRIANHOU BRIAN HOULIHAN 10 TRAVEL ADVANCE-3/3/00 300.00 11101 11101 67699 67699 02/08/00 02/08/00 BSNSPORT BSN SPORTS BSNSPORT BSN SPORTS 515 515 WEIGHTED END ZONE PYLON BASKETBALL 67.09 95.14 162.23 TOTAL CHECK 11101 67700 02/08/00 CANDYMAN CANDYMAN CLEANING 414 OFFICE CLEANING 1,500.00 11101 67703 02/08/00 CARTS CARTS 111 YEAR 2000 CONTRIBUTION 2,000.00 11101 67706 02/08/00 CHIEFSUP CHIEF SUPPLY, INC. 312 FUSEE 30 MIN NO-SPIKE 661.31 11101 67707 02/08/00 CITYMARK CITY MARKET 149 COUNCIL FOOD 5.98 - 11101 11101 67709 67709 02/08/00 02/08/00 CAST CO ASSOCIATION OF SKI TOW CAST CO ASSOCIATION OF SKI TOW 131 111 REIMB FOR DINNERS REIMS FOR DINNERS 25.00 25.00 50.00 TOTAL CHECK 11101 67712 02/08/00 COLONIAL COLONIAL RESEARCH CORP. 414 CLEANING CHEMICALS 575.43 11101 67717 02/08/00 COMUNCLA COLORADO MUNICIPAL CLERK' 115 MEMBERSHIP RENEWAL 2000 40.00 11101 67718 02/08/00 COLOMUNI COLORADO MUNICIPAL LEAGUE 111 2000 DUES 5,251.39 11101 11101 67719 67719 02/08/00 02/08/00 COLOPARK COLORADO PARKS & RECREATI COLOPARK COLORADO PARKS & RECREATI 521 516 MEMBERSHIP RENEW/MORENO MEMBERSHIP RENEWAL/CURUTC 65.00 65.00 130.00 TOTAL CHECK 11101 67720 02/08/00 T0000502 COLORADO STATE BOARD OF P 214 LIMITED CONTR SUB LICENSE 25.00 11101 67721 02/08/00 COWESTME COLORADO WEST MENTAL HEAL 10 DECEMBER VISITS 120.00 11101 11101 11101 67722 67722 67722 02/08/00 02/08/00 02/08/00 CONSOLIE CONSOLIDATED ELECTRICAL D CONSOLIE CONSOLIDATED ELECTRICAL D CONSOLIE CONSOLIDATED ELECTRICAL D 414 415 414 LIGHT BULBS LIGHT BULBS LAMP 124.50 152.70 148.50 425.70 TOTAL CHECK 11101 11101 11101 11101 11101 11101 11101 11101 67724 67724 67724 67724 67724 67724 67724 67724 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS CORPORAT CORPORATE EXPRESS 514 115 149 149 149 141 514 115 LEGAL PADS MISC OFFICE SUPP CREDIT FOR RETURN MISC OFFICE SUPP LASER INDEX MAKER CLIP BOARD, COPY PAPER MISC OFFICE SUPP OFFICE SUPP 70.80 -3.94 -34.50 210.13 213.32 166.90 32.43 10.91 666.05 TOTAL CHECK 11101 11101 11101 67725 67725 67725 02/08/00 02/08/00 02/08/00 COTTRELL COTTRELL PRINTING & COPY COTTRELL COTTRELL PRINTING & COPY COTTRELL COTTRELL PRINTING & COPY 149 311 311 LETTERHEAD LETTERHEAD ENVELOPES 45.57 115. 213.94 RUN DATE 02/04/00 TIME 09:47:25 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 3 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SVION CRITERIA: tranaact.check_ no between 167679' and 167851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT TOTAL CHECK 375.11 11101 67726 02/08/00 DJSIMONG D.J. SIMON GRAPHICS AND I 311 COMPUTER SVC 52.00 11101 67727 02/08/00 T0000442 DALE FOSTER 10 TRAVEL ADVANCE 300.00 11101 67727 02/08/00 T0000442 DALE FOSTER 10 TRAVEL ADVANCE 50.00 TOTAL CHECK 350.00 11101 67728 02/08/00 T0000572 DAN HIGGINS 10 REIMB FOR WELLNESS BENFT 420.00 11101 67729 02/08/00 DAYTIMER DAY-TIMERS, INC. 413 CALANDER REFILL/PADILLA 28.98 11101 67730 02/08/00 DEFENSET DEFENSE TECHNOLOGY CORP 312 RELOAD FOR DISTRACTION DV 528.00 11101 67731 02/08/00 SIMONDON DON SIMON 312 COURT APPEAR/FORMA EMPLOY 91.88 11101 67732 02/08/00 T0000634 DON WILLIAMS 516 REIMB/DIVING BRD REP SUPP 10.49 11101 67733 02/08/00 EAACCESS EAGLE ACCESS CONTROL 513 4 GUARDS/NEW YRS EVE 513.00 11101 67734 02/08/00 EACOCLER EAGLE COUNTY CLERK 141 DECEMBER SALES BOOK 7.50 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER SVC 12/08-1/6 68.94 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 413 WATER SVC 12/14-1/13 51.50 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER SVC 12/8-1/6 3.25 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 520 WATER SVC 12/8-1/6 582.08 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 520 WATER SVC 12/8-1/6 399.74 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER SVC 12/20-1/24 26.68 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER SVC 12/8-1/6 32.96 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER SVC 12/9-1/13 264.44 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER & SEWER BAL DUE .01 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER & SEWER BAL DUE .02 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER BAL DUE .01 TOTAL CHECK 1,429.63 11101 67737 02/08/00 EAGLEVAL EAGLE VALLEY TEMPS INC. 211 CLERICAL LABOR/DEC 128.00 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 514 REC CLASSIFIEDS/DEC 2,082.72 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 115 ADVERTISING 12.48 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 513 SPEC EV CLASSIFIEDS/DEC 1,151.40 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 143 FINANCE CLASSIFIEDS/DEC 50.40 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 211 COMM DEV CLASSIFIEDS/DEC 521.20 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 311 POLICE CLASSIFIEDS/DEC 165.90 TOTAL CHECK 3,984.10 11101 67742 02/08/00 FEDERALE FEDERAL EXPRESS 10 OVERNIGHT SHIPPING 21.75 11101 67744 02/08/00 GALLSINC GALL'S INC. 312 STATE SEAL NAMETAGS 65.72 11101 67745 02/08/00 GATEWAY2 GATEWAY 2000 132 MISC COMPUTER SUPP 3,269.00 0 67745 02/08/00 GATEWAY2 GATEWAY 2000 132 MISC COMPUTER SUPP 128.00 RUN DATE 02/04/00 TIME 09:47:26 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 4 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check_no between 1 67679, and 167851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------- -----VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67745 02/08/00 GATEWAY2 GATEWAY 2000 141 MISC COMPUTER SUPP 3,535.00 11101 67745 02/08/00 GATEWAY2 GATEWAY 2000 411 MISC COMPUTER SUPP 2,266.00 9,198.00 TOTAL CHECK 11101 67747 02/08/00 GEMINIGA GEMINI GARDENS 520 DEC PLANT MAINT 110.00 11101 67749 02/08/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 12.34 67754 02/08/00 HAYNESME HAYNES MECHANICAL SYSTEMS 520 MAINTENANCE/1ST QTR 880.25 11101 67755 02/08/00 HEALTHST HEALTHSTYLES FITNESS SYST 518 SLIDE BOOTIES,FOAM MATS 1,178.20 11101 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 95..30 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/25 53.12 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 116.18 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 414 ELECTRICAL SVC 12/28-1/24 578.65 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/14-1/11 9.60 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 414 ELECTRICAL SVC 12/14-1/11 39.59 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 296.08 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 128.37 11101 67759 02/08/00 HOLYCROS OLYCROS HOLY CROSS ENERGY HOLY CROSS ENERGY 414 415 ELECTRICAL SVC 12/28-1/24 ELECTRICAL SVC 12/24-1/24 1,152.03 109.4 11101 67759 02/08/00 H 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 2.37 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 415 ELECTRICAL SVC 12/14-1/11 2.37 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC SVC 12/21-1/20 337.05 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 202.49 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC SVC 12/28-1/24 244.73 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 41.27 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 311.08 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 355.27 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/22-1/20 136.01 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 520 ELECTRICAL SVC 12/28-1/24 3,938.93 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 414 ELECTRICAL SVC 12/28-1/24 1,066.87 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 438.88 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRICAL SVC 12/28-1/24 7.26 9,662.99 TOTAL CHECK 11101 67760 02/08/00 ININMUCL INT'L INST OF MUNI CLERKS 115 MEMBERSHIP FEE/HILMER 65.00 11101 67760 02/08/00 ININMUCL INT'L INST OF MUNI CLERICS 115 MEMBERSHIP FEE/NASH 85.00 150.00 TOTAL CHECK 11101 67761 02/08/00 INTERNET INTERNETWORKS 143 DESIGN, PROGRAMMING, SCAN 2,100.00 11101 67762 02/08/00 T0000174 JANICE BUCKELEW 141 REIMB TRAVEL EXP/TRAINING 308.84 11101 67767 02/08/00 KAMENSUP KAMEN SUPPLY COMPANY 415 PLUMBING SUPPLIES/PARKS 185.37 11101 67767 02/08/00 KAMENSUP KAMEN SUPPLY COMPANY 415 PLUMBING SUPP/PARKS 146.18 331.55 TOTAL CHECK 11101 67773 02/08/00 LIL'JOHN LIL'JOHN'S WATER TREATMEN 149 WATER COOLER RENTAL/FEB 80.0* RUN DATE 02/04/00 TIME 09:47:28 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE S ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND 4ION CRITERIA: transact.check no between 1676791 and 167851, _ FUND - 10 - GENERAL FUND CASE ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67777 02/08/00 MAXIMUMC MAXIMUM COMFORT POOL & SP 520 POOL CHEMICALS 170.91 11101 67777 02/08/00 MAXIMUMC MAXIMUM COMFORT POOL & SP 520 POOL CHEMICALS 10.08 11101 67777 02/08/00 MAXIMUMC MAXIMUM COMFORT POOL & SP 520 POOL CHEMICALS 41.45 11101 67777 02/08/00 MAXIMUMC MAXIMUM COMFORT POOL & SP 520 POOL CHEMICALS 792.00 11101 67777 02/08/00 MAXIMUMC MAXIMUM COMFORT POOL & SP 520 POOL CHEMICALS 198.00 TOTAL CHECK 1,212.44 11101 67779 02/08/00 T0000426 MELINDA CARLSON 513 XMAS IN THE PARK CAROLERS 300.00 11101 67781 02/08/00 T0000192 MICHELLE FITE 10 TRAVEL ADVANCE 150.00 11101 67782 02/08/00 MICROSOF MICROSOFT TECHNET 141 SUBSCRIPTION/WRIGHT 334.00 11101 67786 02/08/00 KTNCOM14U MOUNTAIN COMMUNIC. & ELEC 312 PAGER CLIP 4.35 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 RADIO REPAIR 20.00 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 RADIO REPAIR 279.00 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 PAGER & PAGING 84.94 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 PAGER & PAGING 62.50 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 BATTERY 48.00 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 RADIO REPAIR 20.00 11101 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 RADIO REPAIR 15.00 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 214 BRAVO CLASSIC FRONT 5.50 67786 02/08/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 BATTERY BUTTON 1.80 TOTAL CHECK 541.09 11101 67787 02/08/00 MTSTATEB MOUNTAIN STATES EMPLOYERS 132 YEARLY DUES 3,600.00 11101 67788 02/08/00 MUNIMETR MUNIMETRIX SYSTEMS, CORPO 115 SOFTWARE SUPPORT/TWN CLER 395.00 11101 67789 02/08/00 NA13USINE NATIONAL BUSINESS FURNITU 414 SUPPLY CABINET 247.00 11101 67791 02/08/00 NICOLETT NICOLETTI-FLATER ASSOC 311 PRE-EMPLOYEMENT SCREENS 480.00 11101 67793 02/08/00 NORTHSTA NORTHSTAR LUMBER 211 OFFICE REMODEL SUPP 28.22 11101 67793 02/08/00 NORTHSTA NORTHSTAR LUMBER 211 WORKBOX 7,20 TOTAL CHECK 35.42 11101 67794 02/08/00 NWCCOG NORTHWEST CO COUNCIL OF G 111 YEARLY DUES 3,338.00 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 212 FLOURESCENT LMP,BULBS 118.68 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 412 ECONOMY FILE 16.08 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 211 CREDIT FOR RETURN -145.60 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 412 OFFICE SUPPLIES 54.74 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 412 LETTER TRAY 14.69 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 211 OFFICE SUPPLIES 73.04 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 412 ECONOMY FILE,INK CARTRIDG 28.43 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 411 OFFICE SUPPLIES 119.28 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 211 FILE'CABINET 135.52 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 412 HANG INSERT 2.04 67797 02/08/00 OFFICEDE OFFICE DEPOT 412 SUPPLIES FOR FILE FOLDERS 31.24 67797 02/08/00 OFFICEDE OFFICE DEPOT 411 ECONOMY FILE 16.08 RUN DATE 02/04/00 TIME 09:47:28 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 6 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check_no between 167679' and '67851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 464.22 TOTAL CHECK 11101 67799 02/08/00 OTISELEV OTIS ELEVATOR COMPANY 520 ELEVATOR SVC 2/1-4/30 603.58 11101 67800 02/08/00 PARADIGM PARADIGM SERVICES, LLC 520 GAS SVC/NOV 2,695.66 11101 67802 02/08/00 PENTAMAT PENTAMATION 141 DATA LINE CHARGES 33.55 7804 02/08/00 PERFORME PERFORMANCE ENHANCEMENTS, 143 DAT DRIVE W/MOUNTING KIT 1,856.00 11101 11101 6 67804 02/08/00 PERFORME PERFORMANCE ENHANCEMENTS, 143 DAT & CLEANING CARTRIDGES 433.00 2,289.00 TOTAL CHECK 11101 67805 02/08/00 PETTYCAS PETTY CASH 112 P&Z SODA EXPENSE 5.55 11101 67805 02/08/00 PETTYCAS PETTY CASH 141 MEAL EXPENSE 1.30 11101 67805 02/08/00 PETTYCAS PETTY CASH 311 POSTAGE 2.35 11101 67805 02/08/00 PETTYCAS PETTY CASH 514 MEETING EXPENSE 4.00 11101 67805 02/08/00 PETTYCAS PETTY CASE 149 COUNCIL SODAS 13.10 11101 67805 02/08/00 PETTYCAS PETTY CASH 141 MEAL & PARKING EXPENSE 30.09 11101 67805 02/08/00 PETTYCAS PETTY CASH 415 PARKING,MEAL EXPENSE 54.08 11101 67805 02/08/00 PETTYCAS PETTY CASH 111 141 MEETING EXPENSE MEETING FOOD 2.45 10.00 11101 67805 02/08/00 PETTYCAS PETTY CASH 11101 67805 02/08/00 PETTYCAS PETTY CASH 514 REC MEAL EXPENSE 6.37 11101 67805 02/08/00 PETTYCAS PETTY CASH 112 P&Z SODA 15.80 11101 67805 02/08/00 PETTYCAS PETTY CASH 131 PARKING 9.00 11101 67805 02/08/00 PETTYCAS PETTY CASH 513 SANTA EXPENSE 20.00 11101 67805 02/08/00 PETTYCAS PETTY CASH 149 MEAL EXPENSE 76.90 250.99 TOTAL CHECK 11101 67806 02/08/00 PRENTICE PRENTICE-HALL, INC 141 INFO SYS BOOK 46.64 11101 67807 02/08/00 PROFORMA PROFORMA 149 PURCHASES 269.93 11101 67808 02/08/00 PRYORRES PRYOR RESOURCES, INC 213 SEMINAR REG/FOSTER 129.00 11101 67808 02/08/00 PRYORRES PRYOR RESOURCES, INC 213 SEMINAR REG/FOSTER 149.00 278.00 TOTAL CHECK 11101 67810 02/08/00 REDTAILC REDTAIL CONTRACTING, INC 414 DUTCH DOOR/FINANCE 478.50 11101 67812 02/08/00 ROBERTTO ROBERT TODD LEE 312 .9MM MAGAZINES 95.00 11101 67814 02/08/00 ROCKHURS ROCKHURST COLLEGE CONTINU 311 CLASS REGISTRATION/PECK 228.00 11101 67815 02/08/00 RMSAFETY ROCKY MOUNTAIN SAFETY SER 415 THIN ICE SIGNS 344.00 11101 67817 02/08/00 RRCASSOC RRC ASSOCIATES 212 PROF SVC/COMM DEV 350.00 11101 67818 02/08/00 S&SWORLD S & S WORLDWIDE 521 TUG OF WAR ROPE 51.99 11101 67818 02/08/00 S&SWORLD S & S WORLDWIDE LDWIDE 521 521 B&A SUPPLIES FOOTBALLS 142.14 46.1-0 11101 67818 02/08/00 S&SWORLD S & S WOR 240.27 TOTAL CHECK RUN DATE 02/04/00 TIME 09:47:29 PENTA14ATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 7 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND -* ION CRITERIA: traneact.check _no between 167679' and 167851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67820 02/08/00 SCULLYSI SCULLYSS, INC. 213 PENS 13.93 11101 67820 02/08/00 SCULLYSI SCULLY'S, INC. 211 TONER 142.00 TOTAL CHECK 155.93 11101 67821 02/08/00 SPORTI14E SPORTIME 521 DUFFLEBAGS 84.11 11101 67622 02/08/00 STANDARD STANDARD INSURANCE 10 INS PREM/FEB 2,895.31 11101 67823 02/08/00 BERNSTEI STAN BERNSTEIN AND ASSOCI 141 PROF SVC/DEC 1,795.50 11101 67824 02/08/00 STEVEJON STEVE JONES STABLES 513 SLEIGH ® PARK 300.00 11101 67825 02/08/00 T0000053 STEVIE KISKO 517 REIMB FOR CHILDCARE SUPP 20.43 11101 67828 02/08/00 SWALLOWO SWALLOW OIL COMPANY 415 DIESEL FUEL 132.93 11101 67829 02/08/00 THI T.H.I. WASTE 415 TOILET RENTAL/FEB 115.00 11101 67830 02/08/00 TAB TAB 414 FURNITURE/HILMER 3,883.57 11101 67831 02/08/00 TELECOOF TELENETWORKS, INC 143 EQUIPMENT 2,912.00 67831 02/08/00 TELECOOF TELENETWORKS, INC 143 TELEPHONE 211.00 67831 02/08/00 TELECOOF TELENETWORKS, INC 149 OFFICE SUPPLIES 69.00 TOTAL CHECK 3,192.00 11101 67834 02/08/00 THEVICTO THE VICTOR 519 RACER GOGGLES 889.00 11101 67835 02/08/00 THULELEC THUL ELECTRONIC SYSTEMS 414 ALARM MONITORING/1ST QTR 105.00 11101 67835 02/08/00 THULELEC THUL ELECTRONIC SYSTEMS 414 ALARM MONITORING/1ST QTR 105.00 TOTAL CHECK 210.00 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 143.75 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 311 UNIFORMS/POLICE 484.75 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 188.31 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 386.50 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 311 UNIFORMS/POLICE 519.95 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 TUFF WRITER CLIPBOARD 28.95 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 105.90 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 46.45 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 42.95 11101 67836 02/08/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 274.10 TOTAL CHECK - 2,221.61 11101 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 520 JANITORIAL SUPPLIES 310.95 11101 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 520 CUSTODIAL SUPPLIES 12.00 11101 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 414 GARBAGE BAGS 17.93 11101 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 520 CLEANING SUPPLIES 744.09 11101 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 414 MAINTENANCE SUPPLIES 274.85 11101 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 520 JANITORIAL SUPPLIES 297.95 11 0 67837 02/08/00 UNISOURC UNISOURCE WORLDWIDE, INC 520 JANITORIAL SUPPLIES 494.89 TOTAL CHECK 2,152.66 RUN DATE 02/04/00 TIME 09:47:31 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 8 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check_no between 167679' and 167851' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/13-2/12 1,431.22 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 514 PHONE SVC 1/22-2/21 171.56 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 16.54 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 141.30 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 211 PHONE SVC 1/22-2/21 94.20 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 143 PHONE SVC 1/22-2/12 52.56 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 311 PHONE SVC 1/13-2/12 90.43 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 265.34 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 514 PHONE SVC 1/22-2/21 47.15 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 61.26 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 311 PHONE SVC 1/22-2/21 188.40 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 141 PHONE SVC 1/22-2/21 47.15 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 412 PHONE SVC 1/13-2/12 44.65 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 222.70 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 279.19 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 411 PHONE SVC 1/13-2/12 89.30 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 44.18 3,287.13 TOTAL CHECK 11101 67842 02/08/00 VAILCONO VAIL CONOCO SERVICE 312 TOWING 122.000 11101 67843 02/08/00 VAILHONE VAIL HONEYWAGON 520 TRASH PICKUP/1ST QTR 551.25 11101 67844 02/08/00 VAILLOCK VAIL LOCK AND KEY 415 DUPLICATE KEYS 9.00 11101 67846 02/08/00 VAILNET VAILNET 143 DEPOS IT FOR INTERNET 800.00 11101 67847 02/08/00 VANSCH00 VANSCHOONEVELD AND CO 141 PROF SVC/DEC 1,050.00 11101 67850 02/08/00 WHITERIV WHITE RIVER ELECTRIC 413 LIGHT POLE REPAIRS 97.50 11101 67851 02/08/00 %ERO%COR XEROX CORPORATION 311 BASE CHARGE/DEC/POLICE 75.00 94,573.90 TOTAL CASE ACCOUNT 94,573.90 TOTAL FUND .7 RUN DATE 02/04/00 TIME 09:47:32 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 9 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SCION CRITERIA: traneact.check_no between 167679' and 167651' FUND - 21 - MALL MAINTENANCE FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 417 ELECTRICAL SVC 12/28-1/24 124.02 TOTAL CASH ACCOUNT 124.02 TOTAL FUND 124.02 I' 1 u RUN DATE 02/04/00 TIME 09:47:32 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 10 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check_no between 167679' and 167851' FUND - 22 - FIRE OPE RATIONS CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67679 02/08/00 ARBUILDE A.R. BUILDERS CONSTRUCTIO 321 PAINTING, DRYWALL REPAIR 2,195.00 11101 67682 02/08/00 ACTIONWA ACTION WAREHOUSE, INC 322 HAZMAT SUITS 2,468.00 11101 67696 02/08/00 BOUNDTRE BOUND TREE 322 GLUTOSE 52.60 11101 67701 02/08/00 FERGUSON CARRIE FERGUSON 324 REIMB FOR TRAVEL EXP 34.70 11101 67702 02/08/00 CARROLLP CARROLL PUBLISHING 321 MUNICIPAL DIRECTORY 235.00 11101 67704 02/08/00 CENTURYT CENTURYTEL 321 PHONE SVC 1./14-2/14 39.95 11101 67704 02/08/00 CENTURYT CENTURYTEL 321 PHONE SVC 1/14-2/14. 10.31 11101 67704 02/08/00 CENTURYT CENTURYTEL 321 PHONE SVC 1/14-2/14 100.87 151.13 TOTAL CHECK 11101 67705 02/08/00 MOORECHA CHARLES MOORE 321 REIMB FOR LUNCH 48.26 11101 67711 02/08/00 COLLINSA COLLINS AND COCKREL 321 LEGAL SVC/FIRE 5,752.50 11101 67713 02/08/00 CODEPTPU COLORADO DEPT. OF PUBLIC 324 REINSTATE WARNER/FIRE 30.00 11101 67716 02/08/00 COMTNMED COLORADO MOUNTAIN MEDICAL 321 PHYSICAL EXAM/KERST 80.00 11101 67716 02/08/00 COMTNMED COLORADO MOUNTAIN MEDICAL 321 PHYSICAL EXAM/KERST 100.00 180.00 TOTAL CHECK 11101 67724 02/08/00 CORPORAT CORPORATE EXPRESS 321 CHAIR 623.88 11101 67724 02/08/00 CORPORAT CORPORATE EXPRESS 321 10 CHAIRS 1,200.00 1,823.88 TOTAL CHECK 11101 67725 02/08/00 COTTRELL COTTRELL PRINTING & COPY 321 CARBON MONOXIDE FLD REPOR 45.81 11101 67725 02/08/00 COTTRELL COTTRELL PRINTING & COPY 321 ENVELOPES 213.93 TOTAL CHECK 259.74 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 321 WATER SVC 12/13-1/11 51.69 11101 67736 02/08/00 EAGLERIV EAGLE RIVER WATER & SANIT 321 WATER SVC 12/8-1/6 176.73 228.42 TOTAL CHECK 11101 67738 02/08/00 EAVATILE EAGLE VALLEY TILE & CARPE 321 CARPET INSTALL/FIRE 266.00 11101 67742 02/08/00 FEDERALE FEDERAL EXPRESS 321 OVERNIGHT SHIPPING 14.00 11101 67744 02/08/00 GALLSINC GALL'S INC. 321 FIRE SUPPLIES 127.62 11101 67752 02/08/00 GUESTSER GUEST SERVICES, INC. 324 MEALS/TAFOYA 180.00 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 321 ELECTRICAL SVC 12/14-1/11 -118.81 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 321 ELECTRICAL SVC 12/14-1/11 69.25 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 321 ELECTRICAL SVC/12/14-1/11 87.87 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 321 ELECTRICAL SVC 12/28-1/24 710.91 749. TOTAL CHECK 2 RUN DATE 02/04/00 TIME 09:47:33 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 11 "ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND IF ION CRITERIA: transact.check_ no between 167679' and 167851' FUND - 22 - FIRE OPERATIONS CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67763 02/08/00 JERRYSIB JERRY SIBLEY PLUMBING, IN 321 PLUMBING/AVON STATION 339.95 11101 67763 02/08/00 JERRYSIB JERRY SIBLEY PLUMBING, IN 321 PLUMBING/EV STATION 213.00 11101 67763 02/08/00 JERRYSIB JERRY SIBLEY PLUMBING, IN 321 PLUMBING/BC STATION 266.20 TOTAL CHECK 819.15 11101 67771 02/08/00 LEGACYCO LEGACY COMMUNICATIONS, IN 322 SERVICE AGREE/1ST QTR 353.10 11101 67774 02/08/00 SMITHLUK LUKE SMITH 324 REIMB FOR EXAM REGISTRAT 25.00 11101 67783 02/08/00 T0000392 MIKE LONG 324 REIMB FOR TRAVEL EXP 448.63 11101 67783 02/08/00 T0000392 MIKE LONG 324 REIMB FOR TRAVEL EXP 58.50 TOTAL CHECK 507.13 11101 67785 02/08/00 MILEHIFI MILE-HI FIRE APPARATUS, I 322 LIGHT SWITCH/FIRE 41.50 11101 67792 02/08/00 NORTHERN NORTHERN TOOL & EQUIPMENT 322 TARP COVERS 278.35 11101 67793 02/08/00 NORTHSTA NORTHSTAR LUMBER 322 SUPPLIES FOR GENERATOR 48.91 11101 67793 02/08/00 NORTHSTA NORTHSTAR LUMBER 322 - PAY BACK CREDIT USED 2X 18.89 TOTAL CHECK 67.80 11101 67798 02/08/00 ORKINPES ORKIN PEST CONTROL 321 PEST CONTROL/BC STATION 100.00 *1 67813 02/08/00 ROBERTSO ROBERTSON & MARCHETTI, PC 321 PROF SVC/DEC 1,904.01 11101 67826 02/08/00 SUMMITCO SUMMIT COUNTY FIRE AUTHOR 324 HI COUNTRY TRAIN CTR/1/00 1,040.00 11101 67827 02/08/00 SUTPHENC SUTPHEN CORPORATION 322 LOCK FOR T-130 171.76 11101 67839 02/08/00 USWEST US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 28.13 11101 67839 02/08/00 USWEST US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 24.51 TOTAL CHECK 52.64 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 50.08 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 49.69 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 1/4-2/3 91.34 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 52.32 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 56.05 TOTAL CHECK 299.48 11101 67845 02/08/00 VAILVAAC VAIL VALLEY ACE HARDWARE 322 PARTS FOR GENERATOR 19.97 TOTAL CASH ACCOUNT 20,475.96 TOTAL FUND 20,475.96 RUN DATE 02/04/00 TIME 09:47:34 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check_no between 167679' and 167851' FUND - 23 - EMPLOYEE HOUSING FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- 11101 67740 02/08/00 EAGLEBEN EAGLEBEND AFFORDABLE HOUS 436 FEBRUARY RENT TOTAL CASH ACCOUNT TOTAL FUND PAGE 12 0 AMOUNT 5,440.00 5,440.00 5,440.00 is U RUN DATE 02/04/00 TIME 09:47:34 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 13 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND *ION CRITERIA: transact.check_no between 167679' and 167851' FUND - 41 - CAPITAL PROJECTS FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67693 02/08/00 B&BEXCAV B&B EXCAVATING 800 APP2/RAISED CROSSWALK 5,630.00 11101 67693 02/08/00 B&BEXCAV B&B EXCAVATING 800 APP 4/STREET REPAIRS 11,019.51 11101 67693 02/08/00 B&BEXCAV B&B EXCAVATING 800 APP 4/STREET REPAIRS 13,877.30 TOTAL CHECK 30,526.81 11101 67723 02/08/00 CONTRAEN CONTRA ENGINEERING, INC 800 PROF SVC/W BVR CRK STSCP 13,600.00 11101 67778 02/08/00 MCDA MCMENAMIN DAVIS ARCHITECT 800 PROF SVC/FIRE STATION 10,562.50 11101 67816 02/08/00 RCKYMTNR ROCKY MTN.REPROGRAPHICS 800 BLUELINES 112.00 11101 67816 02/08/00 RCKYMTNR ROCKY MTN REPROGRAPHICS 800 BOND 190.00 TOTAL CHECK 302.00 11101 67848 02/08/00 WASTEENG WASTE ENGINEERING, INC 800 PROF SVC/EAGLEWOOD SUB . 244.43 TOTAL CASH ACCOUNT 55,235.74 TOTAL FUND 55,235.74 C RUN DATE 02/04/00 TIME 09:47:34 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 14 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran eact.check_no between 167679' and 167851' FUND - 52 - TRANSIT ENTERPRISE FUND CASH ACCT CHECK NUMBER DATE ISSUED ---- - --------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67686 02/08/00 ALPINECO ALPINE COFFEE SERVICE, IN 432 COFFEE SUPPLIES 94.76 11101 67686 02/08/00 ALPINECO ALPINE COFFEE SERVICE, IN 432 COFFEE & SUPPLIES 38.74 TOTAL CHECK 133.50 11101 67687 02/08/00 ALPINELO ALPINE LOCKSMITH 431 REKEY CABINETS, DRAWERS 107.00 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 433 CELL SVC 12/16-1/15 7.70 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 432 CELL SVC 12/16-1/15 232.06 11101 67691 02/08/00 AT&TWIRE AT&T WIRELESS SERVICES 431 CELL SVC 12/16-1/15 13.39 253.15 TOTAL CHECK 11101 67692 02/08/00 AVONSELF AVON SELF STORAGE 431 FEB SPACE RENTAL 220.00 11101 67700 02/08/00 CANDYMAN CANDYMAN CLEANING 431 OFFICE CLEANING 1,200.00 11101 67708 02/08/00 CASTA CO ASSOC. OF TRANSIT AGEN 431 YEAR 2001 PARTICIPATION 2,549.00 11101 67739 02/08/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 433 TRANSIT CLASSIFIEDS/DEC 2,876.58 11101 67742 02/08/00 FEDERALE FEDERAL EXPRESS 433 OVERNIGHT SHIPPING 35.75 NAMETAGS W LOGOS 312 50 11101 67756 02/08/00 HIGHCOLO HIGH COUNTRY LOCK & KEY 432 . 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 431 ELECTRICAL SVC 12/28-1/24 34.51 11101 67769 02/08/00 WILLKELL KELLEY WILLIAMS 431 REIMB FOR TRAVEL EXP 132.05 11101 67770 02/08/00 LEADINGE LEADING EDGE TECHNOLOGIES 432 RADIO REPAIRS 116.75 11101 67775 02/08/00 MACHOMEI MAC HOME INC 433 SUBSCRIPTION/BURDEN 29.95 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 431 OFFICE SUPPLIES 31.00 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 431 OFFICE SUPPLIES 47.61 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 431 STAMP PAD INK 1.67 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 431 CREDIT FOR RETURN -1.67 78.61 TOTAL CHECK 11101 67801 02/08/00 PENGUINP PENGUIN PRESS 433 DOWNLOAD TO ZIP DISK 50.00 11101 67803 02/08/00 PEREGRIN PEREGRINE PRESS 432 ENVELOPES 78.75 11101 67811 02/08/00 REEDPHOT REED PHOTO-IMAGING 433 WINTER SIGNS 2,168.38 11101 67833 02/08/00 THEHIGHW THE HIGHWAY MONITOR 432 SHOT REPORTS/1ST QTR 1,500.00 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 431 PHONE SVC 1/13-2/12 44.64 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 433 PHONE SVC 1/13-2/12 44.65 11101 67841 02/08/00 USWESTCO US WEST COMMUNICATIONS 431 PHONE SVC 1/13-2/12 89.29 TOTAL CHECK 178.580 11101 67851 02/08/00 XEROXCOR XEROX CORPORATION 431 COPIER CHARGES/DEC 719.04 RUN DATE 02/04/00 TIME 09:47:36 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND So ION CRITERIA: traneact.check_no between 167679' and 167851' FUND - 52 - TRANSIT ENTERPRISE FUND CASE ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- TOTAL CASH ACCOUNT TOTAL FUND E 11 PAGE 15 AMOUNT 12,774.10 12,774.10 RUN DATE 02/04/00 TIME 09:47:36 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 16 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check_no between 167679' and 167851' FUND - 61 - FLEET MTC INTERNAL SVC FU CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67681 02/08/00 ACEEQUIP ACE EQUIPMENT & SUPPLY 434 ROAD BROOMS 521.13 11101 67683 02/08/00 AGENCYAU AGENCY AUTO GLASS 434 WINDSHIELD 260.44 11101 67690 02/08/00 ASSOCCOM ASSOCIATED COMMUNICATIONS 434 LASER PRINTER 1,327.00 11101 67691 02/08/00 AT&TWIRB AT&T WIRELESS SERVICES 434 CELL SVC 12/16-1/15 320.93 11101 67700 02/08/00 CANDYMAN CANDYMAN CLEANING 434 OFFICE CLEANING 300.00 11101 11101 11101 11101 11101 11101 11101 11101 67710 67710 67710 67710 67710 67710 67710 67710 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 COLLETTE COLLETTE COLLETTE COLLETTE COLLETTE COLLETTE COLLETTE COLLETTE COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. 434 61 61 61 61 434 61 61 WINDSHIELD WASHER MOTOR OIL UNLEADED FUEL DIESEL FUEL DIESEL FUEL WINDSHIELD WASHER DIESEL FUEL MOTOR OIL, ANTIFREEZE 56.65 834.35 4,165.30 7,822.30 7,341.35 56.65 6,838.56 904.20 28,019.36 TOTAL CHECK 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 67715 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 02/08/00 COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COKENWOR COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. COLORADO KENWORTH, INC. 61 61 61 434 434 434 434 434 434 434 61 434 61 434 61 61 434 61 434 MISC PARTS MISC PARTS AIR FILTER MISC PARTS MISC PARTS SOLENOID MISC PARTS ELEMENT, AIR FILTER OIL WHEEL SEAL SLEEVE CREDIT FOR RETURN CORE CREDIT AIR FILTER CORE CHARGE MISC PARTS MULTI RIB BELT BATTERY EQUALIZERS TRANS FILTER, FILTER KIT AIR TO AIR CLAMP 294.67 40.74 113.43 30.54 101.72 85.50 102.00 113.43 87.80 8.04 -75.62 -46.15 151.24 23.07 517.92 113.22 1,600.00 638.52 20.36 3,920.43 TOTAL CHECK 11101 67741 02/08/00 EATONSAL EATON SALES & SERVICE 434 FUEL CARDS 42.56 11101 11101 11101 67743 67743 67743 02/08/00 02/08/00 02/08/00 G&KSERVI G&KSERVI G&KSERVI G&K SERVICES G&K SERVICES G&K SERVICES 434 434 434 UNIFORM CLEANING UNIFORM CLEANING UNIFORM CLEANING 84.21 125.81 125.81 335.83 TOTAL CHECK 11101 11101 11101 67746 67746 67746 02/08/00 02/08/00 02/08/00 GAYJOHNS GAYJOHNS GAYJOHNS GAY JOHNSON'S, INC GAY JOHNSON'S, INC GAY JOHNSON'S, INC 434 434 434 SIPED RECAP\ TIRES TIRES 510.00 756.5 192.78 RUN DATE 02/04/00 TIME 09:47:37 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 17 ?AdCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND ION CRITERIA: transact.check_ no between 167679' and 167851' FUND - 61 - FLEET MTC INTERNAL SVC FU CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67746 02/08/00 GAYJOHNS GAY JOHNSON'S, INC 434 TIRES 312.00 11101 67746 02/08/00 GAYJOHNS GAY JOHNSON'S, INC 434 TIRES 388.00 TOTAL CHECK 2,159.30 11101 67748 02/08/00 GILLIGCO GILLIG CORPORATION 434 BATT BOX DOOR PANEL 90.67 11101 67748 02/08/00 GILLIGCO GILLIG CORPORATION 434 30" TRANSOM GLAZING 73.22 11101 67748 02/08/00 GILLIGCO GILLIG CORPORATION 61 56" GLAZING 756.84 11101 67748 02/08/00 GILLIGCO GILLIG CORPORATION 434 30" TRANSOM GLAZING - 36.61 11101 67748 02/08/00 GILLIGCO GILLIG CORPORATION 61 DRIVERS REMOVABLE GLAZING 196.44 TOTAL CHECK 1,153.78 11101 67750 02/08/00 GREATDIV GREAT DIVIDE CONSTRUCTION 434 CONSTRUCTION/SWIFT GULCH 19,138.04 11101 67751 02/08/00 GREATDIV GREAT DIVIDE CONSTRUCTION 434 CONSTRUCTION/SWIFT GULCH 10,000.00 11101 67753 02/08/00 HAUSEEQU HAUSE EQUIPMENT, INC. 434 SHAFT 64.85 11101 67753 02/08/00 HAUSEEQU HAUSE EQUIPMENT, INC. 434 MISC PARTS 311.80 TOTAL CHECK 376.65 11101 67759 02/08/00 HOLYCROS HOLY CROSS ENERGY 434 ELECTRICAL SVC 12/28-1/24 2,077.30 11101 67764 02/08/00 RAINESJO JOHN RAINES CHEVROLET 434 MUFFLER 218.03 67764 02/08/00 HAINESJO JOHN HAINES CHEVROLET 434 MISC PARTS 36.40 67764 02/08/00 HAINESJO JOHN HAINES CHEVROLET 434 MISC PARTS 17.60 11101 67764 02/08/00 HAINESJO JOHN HAINES CHEVROLET 434 KNOB 15.59 TOTAL CHECK 287.62 11101 67765 02/08/00 JOHNSONS JOHNSON'S DISTRIBUTING, I 434 NITRILE GLOVES 116.05 11101 67766 02/08/00 BREWERJW JW BREWER TIRE CO., INC 434 TIRES 440.00 11101 67766 02/08/00 BREWERJW JW BREWER TIRE CO., INC 434 CREDIT FOR RETURN -440.00 TOTAL CHECK .00 11101 67768 02/08/00 KARPRODU KAR PRODUCTS COMPANY 434 DEGREASER 182.19 11101 67768 02/08/00 KARPRODU KAR PRODUCTS COMPANY 434 MISC SUPPLIES 404.76 TOTAL CHECK 586.95 11101 67770 02/08/00 LEADINGE LEADING EDGE TECHNOLOGIES 434 RADIO REPAIRS 180.00 11101 67772 02/08/00 LIGHTHOU LIGHTHOUSE, INC. 434 FLASH TUBE 48.42 11101 67776 02/08/00 MATCOTOO MATCO TOOLS 434 BULBS 14.50 11101 67780 02/08/00 MESASUPP MESA SUPPLY COMPANIES 434 SOAP/POWER SCRUB 900.00 11101 67784 02/08/00 NOELMIKE MIKE NOEL 434 REIMB FOR TRAVEL EXP 185.00 11101 67795 02/08/00 NOVUSWIN NOVUS AUTOGLASS 434 WINDSHIELD REPAIR 165.00 11101 67797 02/08/00 OFFICEDE OFFICE DEPOT 434 DISKETTES 11.49 0 RUN DATE 02/04/00 TIME 09:47:38 PENTAMATION - FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SELECTION C RITERIA: transact.check_no between 167679' and 1678511 FUND - 61 - FLEET MTC INTERNAL SVC FU CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 11101 67809 02/08/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 12/20-1/20 TOTAL CHECK 11101 67819 02/08/00 SAFETYKL SAFETY-KLEEN CORPORATION 434 WASTE LIQUID 11101 67832 02/08/00 THEARTWO THE ARTWORKS 434 REMOVE & INSTALL DECALS 11101 67838 02/08/00 USWELDIN UNITED STATES WELDING, IN 434 NOZZLE 11101 67838 02/08/00 USWELDIN UNITED STATES WELDING, IN 434 WELDING SUPPLIES 11101 67838 02/08/00 USWELDIN UNITED STATES WELDING, IN 434 WELDING HELMET,WIRE WHEEL 11101 67838 02/08/00 USWELDIN UNITED STATES WELDING, IN 434 WELDING SUPPLIES TOTAL CHECK 11101 67849 02/08/00 WESTERNR WESTERN RETARDER COMPANY 434 LIGHT BAR TOTAL CASH ACCOUNT TOTAL FUND PAGE 18 0 AMOUNT 285.80 15.58 105.64 22.09 15.14 273.62 11.65 729.52 247.76 610.00 28.59 306.05 309.30 10.12 654.06 219.99 74,909.11® 74,909.11 n RUN DATE 02/04/00 TIME 09:47:40 PENTAMATION?- FUND ACCOUNTING MANAGER 02/04/00 TOWN OF AVON PAGE 19 ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND SON CRITERIA: transact.check_no between 167679' and 167851' FUND - 63 - EQUIP REPLACEMENT IS FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 67790 02/08/00 NEWBRAUN NEW BRAUNFELS GENERAL STO 812 BALANCE DUE/AQUATICS 2,581.50 TOTAL CASH ACCOUNT 2,581.50 TOTAL FUND 2,581.50 TOTAL REPORT 266,114.33 C. fl :? u RUN DATE 02/04/00 TIME 09:47:40 PENTAMATION - FUND ACCOUNTING MANAGER t C February 8, 2000 TOWN OF AVON MANUAL CHECKS PROCESSED BETWEEN MEETINGS Performance Enhancements, Install Rocky Mt Data Tel $ 1,495.47 Intercare Health Plans, Jan Health Ins Prem $ 71,428.81 ICBO, Seminar Registrations/Comm Dv. $ 650.00 Petty Cash, Tactical Ops Fund, Police $ 2,380.00 0 Total Manual Checks $75,954.28 11