TC Council Packet 02-22-2000Town Council Meetings
Roll Call Check Sheet
Dates '??C
Jim Benson
Debbie Buckley
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
0 TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
February 22, 2000 - 5:30 PM
1. Call to Order/ Roll Call
2. Citizen Input
a.) Introduction of New Employees
b.) Census Update (Karen Griffith)
3. Ordinances
a.) Second 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
VY-,1 Agreement PUBLIC HEARING
4. Resolutions
a.) Resolution No. 00-10, Series of 2000, A Resolution of the Town of Avon, Eagle County,
I X- Colorado, Approving the Service Plan for Mountain Vista Metropolitan District
PUBLIC HEARING
J? b.) Resolution No. 00-11, Series of 2000, A Resolution Authorizing the Town of Avon to
Enter into a Contract with John H. Laeri, Jr. to Purchase Sherwood Meadows
' Condominium Units 1 A 1 C 1 D 2B 2C 2E 217, 3A, 3B 4B and 4D Avon Colorado
5. Unfinished Business
6. New Business ----- -----
7. Town Manager Report 8. Town Attorney Report t`f t?'t
9. Mayor Report
10. Other Business
11. Consent Agenda
a.) Approval of the February 8, 2000 Council Meeting Minutes
b.) Resolution No. 00-12, Series of 2000, A Resolution Establishing a Town of Avon
Committee on Disposition of Forfeited Property
?E c.) Contract with Harney-Naill, Inc. for Fire Station Remodel
d.) Financial Matters
12. Adjournment
?r
L 7
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 22, 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 - 5:00 PM 1.) Contract Negotiations (Executive Session)
5:00 PM - 5:15 PM 2.) Capital Projects Update
11
5:15 PM - 5:30 PM 3.) Transit Grant Update
Drug Forfeiture Fund Committee
Community Development Update
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BF-FORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC `
TOWN/Ok*VON, COLORADO
BY:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON FEBRUARY 18,2000:
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
11
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager-ft-
From: Michael Matzko, Director of Community Develop nt
Date: February 18, 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 Second 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.
On February 18, 2000, the Council approved Ordinance 00-2 on First Reading.
The attached Development Plan reflects minor changes since First Reading. These changes consist of
editing of the text on Sheet 1 under Development Standards. There are no changes to the Plan itself.
The number of timeshare, hotel and employee units, as well as the amount of commercial area, are
unchanged.
Changes to the attached Development Agreement are described in a separate memorandum from Burt
Levin, Town Attorney.
5tatl memo to Town Council, February 18, 2000 Page 1 of 2
Re: 2nd Reading of Ordinance 00-02, Lot C PUD
Discussion 0
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.
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.
Recommendation
Approve Ordinance 00-2 on second reading.
Altematives
• Approve ordinance with amendments on second reading.
• Table ordinance.
• Deny ordinance.
Proposed Motion
"I move to approve ordinance No.02 on second reading."
Town Manager Comments
Attachments:
A -Planning and Zoning Commission Resolution 99-18.
B - Ordinance 00-02
C - Development Plan
D - Development Agreement
11
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LJ
Staff memo to Town Council, February 18, 2000 Page 2 of 2
Re: 2nd Reading of Ordinance 00-02, Lot C PUD
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 22nd DAY OF
FEBRUARY, 2000, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION 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
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 9th day of February, 2000.
TOWN"1QF A'WON, COLORADO
BY:
K h-Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 11, 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
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
Y
CO DOCS A 56190 v 4
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 and serve the public purposes of increasing
employment and economic development in the Town, including the development of new
businesses and the expansion of existing businesses.
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 8`" 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.
ATTEST:
Judy Yoder, Mayor
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED,
this 22°d day of February, 2000.
ATTEST:
Judy Yoder, Mayor
Kris Nash, Town Clerk
2
CO_DOCS_A 56190 v 4
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Burt Levin, Town Attorney
CO DOCS A 56190 v 4
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1580 Lincoln Street
Suite 1200
Denver, CO 80203
(303) 861-5704
(303) 861-9230 FAX
PUD SIGNATURE BLOCK
owww's CedMte
Kmw all mm by these presents (bar being the sole owhars in fee almple of all that real
property dated as follows:
A parcel of land described in D.ot C. Avon Carta at Deaver Creek Subdivision,
Town of Avaa, Bitle Co", Colorado.
We Igor the property, if and when developed, will be developed u depicted un this site p4n
By:
Vail AaaaciaetImvatnraoA Inc.
P.O. Box 959
137 Bencdosat Road
Avon, CO 81620
The foregoing aigmWre wee acknowledged bdom we this
2000, by
My Commission expires:
Wimtw my hand and nerd
SHEETINDEX
Shah 1: ride Sneer
Shat 2: Site Plan
Shaer 3: Landscape Plan
Sheet 4: Mall/Parking Level Plan
Shat 5: Typical Level Plan
Shat 6: Phase LA Plan
Shat 7: Phase IB Plan
Shat 9: Phase 1C Plan
Sheet C1: Preliminary Grading and Drainage Plan
ZONING
A. ALLOWED I=&
THE FOLLOWING USES SHALL BE PERMITTED IN THIS LOT C DEVELOPMENT
day of AND THOSE DESIGNATED WITH AO SHALL ALSO BE ALLOWED AT
PiAZAIGROUND LEVEL, THOSE USES NOT DESIGNATED WITH AO SHALL NOT
BE PERNffrnEOD AT PLAZA/GROUND LEVEL
Notary Public
Taws Csrtlllate
This She Specific Pkmmed (Inn Development Plan and the nos, zoning standards and denshm tee
approved fa The PUD, (Ordinance 00-02 ) by the Town Council
of de town of Avm, Co®y of Eagle. Sty of Colorado, 0ds day of
2000, for filing wpb the Clerk and Rec cider of the C4wq of
Betio Said approval $bell innowayobfiguetheTown ofAvmfaomyimpravenhets
and approval of this silo Specific Development Pin by the Town is not to be cameued as
an approved of the technical correctness; of this plan or any documentation relating thee, to.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON:
TOWN COUNCIL. OFTHE TOWN OF AVON
Br
Jody Yoder. Mayor
Attest
Kris Nadi, Town Clerk
Cl" and Racarda'a Cctlkate
Ibis Pamd UnitDeodopmmt Piro was (Bad for record in the Office of the (lark and
Reocederst o'clockmod, 2WO, and is duly
seooeded In Book Page No.
Cie& and Recorder
By:
Depary
LEGAL DESCRIPTION
A parcel of land described as Lot C, Avon Center at Beaver Creek Subdivision,
Town of Avant, Eagle County, Colorado.
In RETAIL. STORES
20 SPECIALTY SHOPS
30 RESTAURANTS. EXCLUDING DRIVE-THROUGH WINDOWS
40 COCKTAIL LOUNM
50 PERSONAL SERVICE SHOPS
60 PROFESSIONAL OFFICES
70 HOTELS
90 LODGES
9.APARTMPN7`S
10. CONDOMINIUMS
110 INDOOR RBCREA77ON AND/OR ENTERTAINMENT FACH17TES
120 FINANCIAL INSTTIIPITONS
13. BED AND BREAKFAST LODGE
14. TIME-SHARE, INTERVAL OWNERSHIP. AND FRACTIONAL FEE OWNERSHIP
PROJECTS
15.0 PUBLIC TRANSPORTATION FACRITES
16.0 PUBLIC PARKING FACBdl7ES
17.0 ABOVE GROUND PUBLIC ULIrrY RmAILATIONS
It. ADDIHONAL USES DETERMINED TO BE SIMILAR TO ALLOWED USES IN
ACCORDANCE WITH THE INTENT OF THIS ZONE DIS7WCT, TO BE APPROVED BY
-
TIE ZONING ADMINISTRATORAt '1L
161k
MAP
B. SPECIAL REVIEW USES:
I.) SIDEWALK CAPES AND OTHER OU2DOOR SEATING AREAS
2.) MERCHANT TEMPORARY DISPLAYS
C. DEVBLOPM W STANDARDS:
1.) LOT AREA 3.24 ACRES (141,040SF)
MAXIMUM SM COVERAGE 2.71 ACRES (98.728 SF) .70%
PROPOSED SITE COVERAGE:1.78 ACRES (77,537 SF) = 55%
LANDSCAPED AREA. 20%
EX1FM4G ZONING PLANNED UNIT DEV®.OPME14
EXM1N0 USES: VACANT
2.) BUILDING SETBACKS
NORTH (BENCHMARK ROAD) -TWENTY FEET (2M
EAST (WEST BEAVER CREEK ROAD). TEN FEET (10)
SOUTH -TEN FEET (I(Y)
WEST (BENCHMARK ROAD) - FIVE FEET (5)
UNDERGROUND PARKING GARAGE - EIGHT FEET (8)
n
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4.) USA
MAXIMUM ALLOWED DENSITY: 210 DWELLING UNITS
MAX, OF 133 TIMESHARE UNITS X I DU/ UNIT = 133.00 DWELLING UNITS
(not runic dun 133 two-hedtoon ihmahare units. each of which may be subdivided
into as one-bedroom dwelling unit and ace aro-be&oom socomodetim unit for a sotal
of 266aoodomwiam units. Fazoning density purposes each two-bodroomtime-dare
unit will be as daeBing OWL Howear, each dwelling unit and aoromodatim talk shall
be considered a wpnata timo-abare omit which may be separately conveyed, occupied, rented
or uchmge . Subdivision of time-share mid shall be aooampihhad by the condominium
declaration and map for the project)
A HOTLR, OF NO LESS THAN 125 HOTEL
ROOMS X 33DU/UNIT 41.66 DWELLING UNITS
174.66 DWELIAVG UNITS
20 EMPLOYEE HOUSING UNITS
(20 dwelling antes of deed raniood anplo e- housing (me "Bmployec Unite") Includwg
eight audios eeghtmn bed<uao4 two two-hedcaom and two three-bedroom mtin WWM
no Im than 26 bedrooms).
MINIMUM 31AM SFGLFA RETAIL OFFICE CObAffitCAL INCLUDING
21,330 SP GLPA GROUND LEVEL COMMERCIAL RETAIL AND 1000 SFGLFA
SECOND AND THIRD LEVEL COMMERCIAL OFFICEI RETAIL
5.) PARICENO
PARKING SHALL INCLUDE 374 PARKING SPACES UPON COMPLETION OF THE
ENTIRE TRACT C PROJECT WITH A MAXIMUM OF 30% OF STRUCTURED PARKING
TO BE COMPACT.
PHASING
? PHASING OF THE PROJECT SHALL BE AS FOLLOWS:
PHASE 1-A: 50 TIME-SHARE UNITS AND 5JW SF GLFA OF GROUND FLOOR
COM ERCIALSPACE FRONTING WEST BEAVER CREEK BOULEVARD AND THE
INTERNAL PEDESTRIAN CDN NBCTLON TO THE AVON TOWN CENTER MALL AND
THE EMPLOYEE UNITS. 2,010 SF GLFA OF SUCH RETAIL SPACE MAY BE USED
FOR LOBBY, CECK•INAND SUPPPORT FUNCTIONS FOR THE TIME-SHARE UNITS
UNTIL PHASE 1-B IS COMPLETED. PARKING WILL INCLUDE CONSTRUCTION OF
Igo SPACES.
PHASE 1-B: 35 TIME-SHARE UNITS. A BUILDING PERMIT WELL BE ISSUED FOR
PHASE 1•B (the wooed phase of tbB Timedute portion of the project) AT SUCH TIME AS
A BUILDING PMM IS ISSUED FOR TIM 13,330 SF GTFA TTIREE STORY
FREESTANDING COMMERCIAL BUILDING CLOSEST TO THE SEASONS BUILDING
(at last 5,250 dGLFA on the ground fowl will be retail un and 10,300 d (BFA the second
and thttd flaw will be dT" retail). PARKING WILL INCLUDE CONSTRUCTION OF I I
SPACES.
PHASE I-CAB TIMESHARE UNITS. A BUILDING PERMIT WILL BE ISSUED POR
PHASE I-C (the foicd phase of the Timeshare portion of the project) AT SUCH TIME AS THE
BUILDING PERMIT IS ISSUED FOR THE HOTEL (which shall Include a and-shun of 5,500
sfGLFAgromd•leval oonmerclalareaenable, for neap me) AND 4AW SF GLFA OF
RESTAURANT SPACE IN THE HOTEL PARKING WILL INCLUDE CONSTRUCTION
OF 183 SPACES.
6.) GE NBRALN01W
L THIS SITE SPECIFIC DEVELOPMENT' PLAN SHALL DEFINE THE USES,
LOCATIONS, SCALE, AND PARKING REQUIREMENTS FOR THE DEVELOPMENT
OF LOT C
2. SNOW REMOVAL TO AN OFF SITE LOCATION WILL BE REQUIRED.
3. THE AMEND?AENT TO THE DEVELOPMENT AGREEMENT FOR CONFLUENCE
AND TRAGIC ANDIOR THE TOWN OF AVON CODES SHALL BE USED FOR ANY
PROVISION NOT ADDRESSED IN THE APPROVED SITE SPECIFIC DEVELOPMENT
PLAN.
4. THE ARC TIECIURAL AND CIVIL DESIGNS DEPICTED IN THIS SITE SPECIFIC
DIVE OPhENT PLAN ARE CONCEPTUAL ONLY. FINAL ARCETIEC ORAL
DESIGN I CLUDING, BUT NOT LIMITED TO. BUILDING COLOR, MATMALS,
FENESTRATION, TRIM, AND THEME WILL BE REVIEWED AND APPROVED
THROUGH THE DESIGN REVIEW PROCESS.
0 0-010
Ili LOT C -AVON COLORADO - PUD DEVELOPMENT PLAN I' SHEET i
Doom; r-? was TITLE SHEET FEBRUARY 22, 2000 I 1
BALCONIES, PCIRIE COCfERFS, ROOF OVERHANGS, AWNINGS, AND LOW LEVEL
ROOF STRUCTURES COVERING OPEN AIR PEDESTRIAN WAYS MAY ENCROACH
INTO ALL SMACKS NOT MORE THAN 101.
3.) BURRING IffR3HT
MAXIMUM BUILDING HEIGHT: 1000 ELEVATOR EQUIPMENT ROOFS SHALL
BE NO HIGHER THAN 103.0'.
O
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NORTH
b;%
10 ki
HOTEL
i
25 ROOMS PAD
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`•v ) ?, _ _ ? ourrx
PER PUD APPROVAL
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WAIMIDMAT '
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LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN
SITE PLAN
FEBRUARY 22, 2000
SHEET
2
??1ap
t y C?
PROPERTY LINE
(I
coo
RETAIL rNt l ?? ?T
r 4,0000&l-/-A
SU113ACK LING— S8 \ # \ r `f \ \ r
1? . ? ? ? ,,??'?= +??„?'' ? 53? / '?,? ? ?'? ? ? ..?laj8•f,4K,?WGP?10lV•1?]r}C1255Tb la7G
IL ?I?
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CC IOR'ff TO GARAGE
' CoCflutL BE-LOW
C /' ,? ?j $Oblfl6Gf
--c . hl LOUBY
_ N
??ti e,i" NJ
?'` SNOW
?? ti? s CG ® Z '?? OUGCIION "ICE",RL AIL
C' COL OW ° Zvi err ?. G? y2 ltVtal 750 ` ,?
N
LGC I -- "-- RETAIL
?v I I I I -- w 1*000 °?' „\ /tit LVL lc+rTb1L- 5Z { p
LL?41l 11 u CI U _ _7', i41 1 r r ! J _l?-? ,\
All W V l77lI??C??, r? 85 Gl
GARAGE PEIz AAv y'17,lZ;
BENCHMARK ROAD ENTRY "
20NORM
?? LOT C -
AVON, COLORADO - PUD DEVELOPMENT PLAN SxEET
?InIfE?E
90' LANDSCAPE / LOBBY LEVEL PLAN FEBRUARY 22, 2000
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Il?lifflliE
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pl.s 303.16MT/04
LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN
MALL/PARKING LEVEL PLAN
FEBRUARY 22, 2000
[SHEET
4
t
One Bedam
Dweftg unit
i I
I i
Unit
I I
I I
Two Bedroom rmrd aye Unit Plan - Coal Two Bedroom Tvneshare Unit NO Subdivided - CmcephW
I
EMPLOYEE
HOUSING \
20 UNITS
COMMON LOUNGE
STORAGE
WS
r
? by
EMPLOYEE HOU ,
UNITMIX
8 Studios - -
8 1 Bedrooms
2 2 Bedrooms
2 3 Bedrooms
20 Units Total - 26 Bedrooms Total
HOTEL
125 ROOMS a
9
ILI
\i4ul
1
Hotel Unit Plan - Conceptual 18,
115'-9"
A
9 Zoe
NOM 10
0
? ?7
uafftcigE
Yt lm
D-m C-&--A- MW
301"L?
LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN
TYPICAL LEVEL PLAN FEBRUARY 22, 2000
SHEET S.
jl III; ? III
n
TIMESHARE UNITS
RETAIL
RETAIL
EMPLOYEE HOUSING
Number of Units Parking Spaces
Or SF Provided Provided
50
2,300 SF GLFA
1,450 SF GLFA
20
TOTAL PARKING PHASE 1A
180
Af,,
Mall / Parking Level Plan
SCALE: 1" = 40'-0"
#;5rA1L C.YLO1
vdplo)m /M06
?((6? 243
Lobby Level Plan
SCALE: I" = 40'-0"
r
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? asxisa LOT C - AVON COLORADO - PUD DEVELOPMENT PLAN
PHASE 1A PLAN FEBRUARY 22, 2000 SHEET
?
lc?w,
Typical Level Plan
SCALE: 1" = 40'-0"
Number of Units Parking Spaces
Or SF Provided Provided
TIMESHARE UNITS 35
RETAIL 2,050 SF GLFA
RETAIL 5,250 SF GLFA
OFFICE/ RETAIL 10,500 SF GLFA
TOTAL PARKING 191
PHASE 1A AND 1B
Mall / Parking Level Plan
SCALE: 140'-0"
?IIi?E
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LOT C -AVON, COLORADO - PUD DEVELOPMENT PLAN
PHASE 1B PLAN FEBRUARY 22, 2000
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AMENDMENT TO DEVELOPMENT AGREEMENT FOR
CONFLUENCE AND TR&T 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."
D. The Town Council of the Town has made a finding in its Ordinance No. 02, Series
2000 (the "Ordinance") that execution of this Amendment serves the public purposes of increasing
employment and economic development in the Town, including the development of new businesses
and the expansion of existing businesses.
AMENDMENT
ARTICLE III
ZONING, VESTED RIGHTS AND EXACTIONS
3.3 Vesting of Property Rights. The parties hereby amend Section 3.3 of the 1998
Development Agreement regarding the vesting of property rights. Owner and Town agree that:
(a) this Amendment and the Development Plan for Tract C is a site specific Development Plan as
defined in the Vested Property Rights Statute and Section 17.14. 100 of the Municipal Code, and
is 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; (b) the Owner shall have vested property rights to undertake and complete
development and use of Tract C in phases as provided in paragraph 8.13.13 of this Amendment and
the Development Plan for Tract C as hereinafter provided; and (c) pursuant to Section 17.14.050
of the Municipal Code, approval of this Amendment and the Development Plan for Tract C
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CO_DOCS A 56189 v 7
constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. The
provision concerning the term of vested property rights in Section 2.2 of the 1998 Development
Agreement is deleted, and Owner shall have the following vested property rights for Tract C.
Owner's vested property rights for Tract C shall commence on February 22, 2000, and shall,
except as hereinafter provided, continue for the following periods: Phase 1-A vested property
rights shall run from February 22, 2000 to February 22, 2004; Phase 1-B vested property rights
shall run from February 22, 2000 to February 22, 2008; and Phase 1-C vested property rights
shall run from February 22, 2000 to February 22, 2012. Owner's failure to commence
construction of any phase within the vested property rights period for the specific phase set forth
above shall terminate Owner's vested property rights for the remaining phase(s).
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 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 to the Tract C District
for payment of the bonds or other forms of indebtedness incurred in connection with 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 or other commercial areas 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
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CO DOCS A 56189 v 7
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 each
deeded time-share interest 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 which such taxes shall be deposited until rebated
for the parking improvement project located on Tract C. Said RETT shall be required to be
rebated only with respect to the first sale of each deeded time-share interest in each unit
constructed on Tract C, and shall not be required with respect to any subsequent resale thereof.
For purposes hereof, "deeded time-share interest" is defined as any seven-day time-share
interest in a two-bedroom time-share unit, one-bedroom dwelling unit or one-bedroom
accommodation unit as described in the deed from a time-share developer to an initial purchaser
or any subsequent transfer by deed thereafter. Deeded time-share interests shall also include time-
share interests which have been acquired by a time-share developer through foreclosure or deed
in lieu-of foreclosure and are thereafter reconveyed by a time-share developer. As contemplated
by paragraph 8.13.13.5 of this Amendment, the legal description of a two-bedroom time-share unit
as the combination of a one-bedroom dwelling unit and one-bedroom accommodation unit in the
deed to a purchaser will result in a "deeded time-share interest" in a single two-bedroom time-
share unit.
It is the expectation of the parties that a series or series of bonds 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 (or other obligations) issued or incurred by the Tract C District
and secured by rebates from said account have been paid in full. However, in 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 not be distributed to the Tract C District but shall constitute a legal reserve
of Town funds which to the extent annually allocated to the RETT Rebate Account (1) shall not
be available for any other Town purpose, (2) shall not be released except pursuant to the terms of
this paragraph, and (3) shall be invested in accordance with the Town's investment policy. In the
event such hotel is opened to the public on or before June 1, 2007, any interest accumulated on
rebateable funds within the RETT Rebate Account shall be split evenly between the Town and the
Tract C District and the balance of such fund shall be conveyed to the Tract C District free and
CO_DOCS_A 56189 v 7 3
clear of any claim by the Town. Thereafter, amounts in the RETT Rebate Account shall be
conveyed to the Tract C District in the manner described in the first paragraph of this Section
5.1(c). If the hotel is not opened to the public on or before June 1, 2007, then all amounts held
in the RETT Rebate Account shall be paid 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 and the Tract C District in writing of such action prior to the Town filing
its first responsive pleading in such action and shall allow the. Tract C District to participate in any
defense to such action as set forth in Section 2.4 of the 1998 Development Agreement.
(e) Effect of Amendment on Sections 5.2 through 5.12. Nothing in this
Amendment shall be construed as modifying Sections 5.2 through 5.12 of the 1998 Development
Agreement, with the exception that as such sections pertain to Tract C the term "Districts" shall
be construed as applying only to the Tract C District.
ARTICLE VIII
MISCELLANEOUS
8.12 Recreation Amenities Fee. Commencing as of the effective date of this agreement,
and continuing in perpetuity, the condominium timeshare association formed to manage the
condominium time-share project in Tract C (the "Time-Share Association"), 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 interest located on Tract C. Prior to the formation of the Time-Share
Association, the Owner shall be obligated to pay any Recreation Amenities Fee.
The amount of the semiannual payments will be calculated according to the following
formula:
Number of existing or newly deeded time-share interests per semiannual period
(January-June, calculated as of June 1, and July-December calculated as of
December 1), multiplied by $25 (or as adjusted by CPI-U, 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.
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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 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 Labor Statistics (the
"CPI-U").
It shall be the duty of the condominium Time-Share Association 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. Prior to the formation of the Time Share Association, the
Owner shall have the above-referenced obligation to keep and preserve such records.
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 condominium Times-Share Association. 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. Prior to the formation of the Time Share Association, such written determination will
be delivered to the Owner.
8.13. Additional Provisions.
The Ordinance 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 the 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 such 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 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;
CO_DQCS_A 56189 v 7 5
3. a hotel, of no less than 125 rooms;
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 5,250 sf GLFA on the ground level will be retail use and 10,500
sf GLFA the second and third floors will be office or retail). Parking will include
construction of an additional 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 an additional 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.
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CO DOCS_A 56189 v 7
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.
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.
I. 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 19'5" wide access easement on Tract C extending southwesterly
approximately 145 feet from the intersection of Sunroad and West Beaver Creek Boulevard
CO DOGS A 56189 v 7 7
to the entrance to the hotel. From the hotel entrance to the parking structure the easement
shall be 12'5" wide on 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.
The failure of the owner of Tract B to convey an easement on its property or otherwise to
cooperate in the activities contemplated by this paragraph Q shall not delay or otherwise affect the
activities of the owner of Tract C hereunder, provided all Tract C development impacts including
existing drainage from Tract B are confined to Tract C.
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 with a maximum of 30% of structured parking to be compact.
U. The Town shall allow access in conformance with Title 12 of the Avon Municipal
Code from Benchmark Road, a public road owned by the Town, to Tract C as necessary to
develop the project as contemplated by and shown on the PUD Development Plan for Tract C and
the Development Standards.
8.14 Provisions Regarding 1998 Development Agreement.
A. In the event Points of Colorado, a Colorado corporation, or its assigns ("POC")
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 POC and this Amendment and the 1998 Development Agreement shall be binding upon and
except as otherwise provided in the Amendment, shall inure to the benefit of POC and its
successors in interest. Further in the event of such purchase by POC, all obligations of the Owner
herein shall become obligations of POC and Owner shall be released of all such obligations.
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CO_DOCS_A 56189 v 7
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 except as specifically set forth herein. Further, no failure of the owners
of Tract C to comply with the requirements of or satisfy the obligations of the 1998 Development
Agreement or this Agreement shall affect the development of the Confluence or Tract B. In the
event any provisions of this Amendment may conflict with provisions of the 1998 Development
Agreement, the provisions of this Amendment shall control.
C. Unless amended herein, the terms of the 1998 Development Agreement remain in
effect.
CO_DOCS A 56189 v 7 9
IN WITNESS WHEREOF,
date indicated below.
Owner and the Town have executed this Amendment as of the
TOWN:
TOWN OF AVON, a municipal corporation
By:
DATE:
ATTEST:
Kris Nash, Town Clerk
Judy Yoder, Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Burt Levin, Town Attorney
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed before me this day of
of the Town of Avon, Colorado.
My commission expires:
Notary Public
, 2000, by Judy Yoder, as Mayor
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CO_DOCS_A 56189 v 7
OWNER:
VAIL ASSOCIATES INVESTMENTS, INC., a
Colorado limited liability company
By: _
Its:
DATE:
ATTEST:
STATE OF COLORADO
COUNTY OF EAGLE
as
ss.
Subscribed before me this day of
of Vail Associates Investments, Inc
, 2400, by
My commission expires:
Notary Public
CO DOCS_A 56189 v 7 11
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."
D. The Town Council of the Town has made a finding in its Ordinance No. 02,
Series 2000 (the "Ordinance") that execution of this Amendment serves the public purposes of
increasing employment and economic development in the Town, including the development of
new businesses and the expansion of existing businesses.
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.
0 (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
CO-DOCS-A 56189 v 7
3.08 of the Avon Municipal Code, as amended) and accommodations taxes (as generated in is
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
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 to the Tract C District for payment of the bonds or other
forms of indebtedness incurred in connection with 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 or other commercial areas 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 each deeded time-share interest 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 which such taxes shall be deposited
until rebated for the parking improvement project located on Tract C. Said RETT shall be
required to be rebated only with respect to the first sale of each deeded time-share interest in
each unit constructed on Tract C, and shall not be required with respect to any subsequent
resale thereof.
For purposes hereof, "deeded time-share interest" is defined as any seven-day time-
share interest in a two-bedroom time-share unit, one-bedroom dwelling unit or one-bedroom
accommodation unit as described in the deed from a time-share developer to an initial
purchaser or any subsequent transfer by deed thereafter. Deeded time-share interests shall also
include time-share interests which have been acquired by a time-share developer through
foreclosure or deed in lieu-of foreclosure and are thereafter reconveyed by a time-share
developer. As contemplated by paragraph 8.13.13.5 of this Amendment, the legal description
of a two-bedroom time-share unit as the combination of a one-bedroom dwelling unit and one-
CO DOCS A 56189 v 7 2
bedroom accommodation unit in the deed to a purchaser will result in a "deeded time-share
interest" in a single two-bedroom time-share unit.
It is the expectation of the parties that a series or series of bonds 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 (or other obligations) issued or incurred by the
Tract C District and secured by rebates from said account have been paid in full. However, in
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 not be distributed to the Tract C District but shall constitute a
legal reserve of Town funds which to the extent annually allocated to the RETT Rebate
Account (1) shall not be available for any other Town purpose, (2) shall not be released except
pursuant to the terms of this paragraph, and (3) shall be invested in accordance with the
Town's investment policy. In the event such hotel is opened to the public on or before June 1,
2007, any interest accumulated on rebateable funds within the RETT Rebate Account shall be
split evenly between the Town and the 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. Thereafter, amounts
in the RETT Rebate Account shall be conveyed to the Tract C District in the manner described
in the first paragraph of this Section 5.1(c). If the hotel is not opened to the public on or
before June 1, 2007, then all amounts held in the RETT Rebate Account shall be paid 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 and the Tract C District in writing of such action prior
to the Town filing its first responsive pleading in such action and shall allow the Tract C
District to participate in any defense to such action as set forth in Section 2.4 of the 1998
Development Agreement.
(e) Effect of Amendment on Sections 5.2 through 5.12. Nothing in this
Amendment shall be construed as modifying Sections 5.2 through 5.12 of the 1998
Development Agreement, with the exception that as such sections pertain to Tract C the term
"Districts" shall be construed as applying only to the Tract C District.
CO DOCS A 56189 v 7 3
ARTICLE VIII
MISCELLANEOUS
8.12 Recreation Amenities Fee. Commencing as of the effective date of this
agreement, and continuing in perpetuity, the condominium timeshare association formed to
manage the condominium time-share project in Tract C (the "Time-Share Association"), 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 interest located on Tract C. Prior to the
formation of the Time-Share Association, the Owner shall be obligated to pay any Recreation
Amenities Fee.
The amount of the semiannual payments will be calculated according to the following
formula:
Number of existing or newly deeded time-share interests per semiannual period
(January-June, calculated as of June 1, and July-December calculated as of
December 1), multiplied by $25 (or as adjusted by CPI-U, 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.
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
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 Labor
Statistics (the "CPI-U").
It shall be the duty of the condominium Time-Share Association 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. Prior to the formation of the Time
Share Association, the Owner shall have the above-referenced obligation to keep and preserve
such records.
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 condominium Times-Share Association. 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. Prior to the formation of the Time Share Association, such
written determination will be delivered to the Owner.
CO DOCS A 56189 v 7 4
8.13. Additional Provisions.
The Ordinance 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 the 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 such 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 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. 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
CO_DOCS_A 56189 v 7
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 5,250 sf GLFA on the ground level will be retail use and 10,500
sf GLFA the second and third floors will be office or retail). Parking will include
construction of an additional 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 an additional 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. 0
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.
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.
I. 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.
6
CO DOCS A 56189 v 7
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 1-13 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 I-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 19'5" wide access easement on Tract C extending southwesterly
approximately 145 feet from the intersection of Sunroad and West Beaver Creek Boulevard
to the entrance to the hotel. From the hotel entrance to the parking structure the easement
shall be 12'5" wide on 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.
The failure of the owner of Tract B to convey an easement on its property or otherwise to
cooperate in the activities contemplated by this paragraph Q shall not delay or otherwise affect the
activities of the owner of Tract C hereunder, provided all Tract C development impacts including
existing drainage from Tract B are confined to Tract C.
L_ J
CO ROCS A 56189 v 7 7
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 with a maximum of 30% of structured parking to be compact.
U. The Town shall allow access in conformance with Title 12 of the Avon Municipal
Code from Benchmark Road, a public road owned by the Town, to Tract C as necessary to
develop the project as contemplated by and shown on the PUD Development Plan for Tract C and
the Development Standards.
8.14 Provisions Regarding 1998 Development Agreement.
A. In the event Points of Colorado, a Colorado corporation, or its assigns ("POC")
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 POC and this Amendment and the 1998 Development Agreement shall be binding upon and
except as otherwise provided in the Amendment, shall inure to the benefit of POC and its
successors in interest. Further in the event of such purchase by POC, all obligations of the Owner
herein shall become obligations of POC and Owner shall be released of all such obligations.
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 except as specifically set forth herein. Further, no failure of the owners
of Tract C to comply with the requirements of or satisfy the obligations of the 1998 Development
Agreement or this Agreement shall affect the development of the Confluence or Tract B. In the
event any provisions of this Amendment may conflict with provisions of the 1998 Development
Agreement, the provisions of this Amendment shall control.
C. Unless amended herein, the terms of the 1998 Development Agreement remain in
effect.
E
CO DOCS A 56189 v 7 8
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:
Judy Yoder, Mayor
DATE:
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
DUIL LCVW, I0WI1 ALLOHICy
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed before me this
of the Town of Avon, Colorado.
My commission expires:
11
CO_DOCS_A 56189 v 7
day of
, 2000, by Judy Yoder, as Mayor
Notary Public
9
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 7 10
Lot C Legal Description
Flu %-CI vi ,ana acscruxa as Lot C, Avon Center at Beaver Creek, Benchmark at Beaver Creels, 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 corner 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, N650 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; them along said
right-of-way N59' 20'02"E, 160.00 feet to a point on the westerly right-of-way of Beaver Creek Boulevard thence along
said tight-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 beats S310
22'41"E, 80.76 ftxt 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.
S 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
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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 M. 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.
1. 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.
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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 ABeemern 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 District . 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.
0 3
Final
10/27/98
1.8 Effective Date. The effective date of the Town Council ordinance approving this
Agreement.
1.9 Exhibits. 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 tfiiis 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 Mme. 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 PPD. 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.
t
11
LI
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 ofthe Town,
1.21 Tract B. The real property described in Exhibit A-3 attached hereto.
1.22 Tract C. 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; TMS 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 35'' 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 further 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 Agreement. 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)) further 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 ofPropegy Rights. 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.
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(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) Drainage. 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 100th 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 200th 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
•
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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's 100a`, 150'x, 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.
(0 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
0 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
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Requirements. Owner shall reimburse the Town's expenses, including reasonable and adual augmentati engineering costs and legal fees, of including such additional T water
sub,?'sto the To??
plan. Any water rights to be dedicated and conveyed
approval and acceptance, provided, however, Eagle Park Reservoir water shall be deemed an
acceptable source of dedication water under this Agreement . The Town shall not be required to
store water in or release water from Benchmark Lake to meet any Increased Water Requirements.
Dedication of augmentation water and related water rights shall be completed prior to the issuance
of the first building permit on the Confluence .
hWL '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 Obli ajM to Develop. Owner shall have no obligation to develop all or any
portion of the property and shall have to the Town
Town conteany other mplate that Party
the Properly may be
develop all or any part of the property. ion of any such
developed in phases. Owner shall have no obligation to develop all or any portion
phase notwithstanding the development or.non-development .of any other phase, and Owner shall
have no liability to the Town or any other party for.its failure to develop all or any portion of any.
such phase of the Property.
Regulations. Except as otherwise provided in this
3.7. Co is c
Agreement or the Development Standards, the establishment of vested property rights under. this
Agreement shall not preclude the application on a uniform and non-discriminatory basis of Town
regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical
and mechanical codes, the Municipal Code, and other Town rules and regulations) or the application
of state or federal regulations, as all of such regulations exist on the date of We Agreement or may
be enacted or amended after the date of this Agreement, provided that such newly ended of
amended Town regulation shall not directly or . indirectly have the effect of materially altering,
impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise
adversely afl'edin8 any of Owner's rights set forth 'in this Agreement or the Development
Standards. Owner does not waive its right to oppose the enactment or amendment of any such
regulations.
3.8 a 4h The parties agree that any dispute arising under this Article
subject to arbitration among the parties in accordance with customary Arbitration Associations that shall be binding upon the parties. rules of the American
3.9 r bli atg loins. All obligations of Owner in this Agreement may be performed
by the Districts at Owner's election. ARTICLE N
YU)MIC FACEMMS
u
C
4.1 in;?L?SeThe. Town shall have the responsibility and obligation do Other provide all municipal services, including transit busing. of the To onda unifornnm and non-
services equivalent to those provided to any other area
basis.
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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
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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`b) 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 Obli ag tion. 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.
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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 RecordQ. 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. .
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(b) Each taxpayer liable for Sales Tax, Lodging Tax or Real Estate Transfer
Tax on taxable transactions within the Property or tracE is snau icumvc a %,,?;;uIL O-W..
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
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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 b? 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 by 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
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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 l and land additional damages
68-105(1)(c) as in effect on the Effective Date, plus y other
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
not judicial
any way to avoid disconnection, if the other event prevented occurs toy apropriate
to be paidoas
making such appropriations, or if any 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 step to accomplish e Town shall
disconnection and shall not contest any disconnection effort by Owner.
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.
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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 Waiv . 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 Findinns. 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 Severabilitv. 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 Notice . 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
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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 Assi nnmerrt. 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 so
1A
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:
Ll
TOWN OF AVON, a municipal corporation of
the State of Colorado
By:
ayo
STATE OF COLORADO )
) ss.
COUNTY OF )
day of 1998, by
Subscribed before me this
as Mayor of Town of Avon, Colorado and
a (?, as Town Clerk of Avon.
My Commission Expires 09128/2002
My commission expires:
P
Notary blic
19
Final
10/27/98
OWNER:
VAIL ASSOCIATES INVESTMENTS, INC., a
Colorado limited liability company
STATE OF COLORADO )
) ss.
COUNTY OF " -.11 )
?- Sub ribe,0 before me this
_? y cl K6VAP,( ?GVk as 6Y
Investments, Inc. and LUI/wVa Ukj
Vail Associates Investments, Inc.
dax of rXK 1998, by
1'x'1 of Vail Associates
as of
My commission expires:
_ _ _ Notary Public
-!
OF f 0?-
L
11
L
20
C
ATTEST
L]
STATE OF COLORADO )
) ss.
COUNTY OF C"f- )
SHAPIRO:
Final
10/27/98
Avon Commercial Center Ltd., a Colorado limited
partnership, Shapiro Development Co., general
partner
By:
Its:
Subscribed before me this qtL day of 0C+6 be 1998, by
-4 Tor- r-. e as 'ce Pc e s "d- of
SINantcb 'J-ey-k 101) n,evN CO. and lase n 9,e w,on as
SeC?ta?'? of S<^gpicp ?evtlQD„+tn4C4
My commission expires:
46 VMNC\AGMGRW10081001M
244.2036
21
Final
10/27/98
Exhibit A-1 4
C
L
" The Coniloenct Legal Description
A parcel of land located in the south''/, of the northwest''/. 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 & 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 feel; thence
along the southerly railroad right-of-way N 65°23'27' W, 1729.75 feet to the southeasterly most comer of Tract (L
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 at of Tract H N 89°32'01" 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 48°08'55" E, 132.70 feet, 2) S 57°22'26" E, 341.00 feet;
3) S 49050'33" E, 455.67 feet, 4) S 47°47'00" E. 293.81 feet,
5) S 43°40'09" E, 152.41 feet, 6) S 50°10'13" E, 154.96 fM
7) S 53°42'45" E, 18729 feet, 8) S 81°26'34" E. 214.88 feet,
9) N 86°00'59" 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
12907'30" 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.
LI
C7
Exhibit A-2
Final
10/27/98
11
11
23
Lot C Legal Description
A parcel of land described as Lot C, Avon Center at Beaver Creek, Benchmark at Beaver Creels, Amendment No. 4,
16 Town of Avon, Eagle County, Colorado, being more particular descnbed as follows:
Beginning at the easternmost corner of Lot C, also being the northernmost corner of Lot B; thence along the be
common to Lots B and C. S52° 41'02"W, ;97.57 feet; thence departing said common lot line, N650 58'Og'W, 22.72
feet; thence N02° 30'12"W, S76.33 feet to a point on the southerly right-of-way of Benchmark Road; thence along said
right-of-way N59' 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 ofa tangent curve
to the left 80.83 feet, having a radius of 540.00 feet, a central angle of 08° 3436" and a chord which bears S3 V
22.41"E, 80.76 feet to the Point of Begirming.
Parcel contains 3.24 acres.
L-1
E
Exhibit A-3
Final
10/27/98
E
LI
•
24
0
EXHIBIT A-3
LEGAL DESCRIPTION: Lot B, Avon Center at Beaver Creek
The point of beginning being the southwest corner of Lot B, 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.62'541370W., a distance of 137.49 feet; thence
S.27107'37"E., a distance of 65.53 feet; thence S.62'52'23W., 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 feet; 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.
Exhibit B
Final
10/27/98
11
25
4'cll
FINAL 9-11-98
r'
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."
WITNES SETH:
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:
n
1111111111111111111111111111111111111111111111111111111
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 deemed a request, application and petition by ANNEXEE
and agreement by the Town to have the TOWN or the district court order or confirm the Property
disconnected from the Town.
EL 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.
111737911111111111111111111111111111111111111111111111 IN
67 11/23/1998 04:19P-27-Sara.f1shw
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 ANNEXES
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.
P
nn iio ini
i inui nm umii iiig iiii un iiiini Fisher
V. GENERAL PROVISIONS
C
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,
he outcome together of thereferendum election. If
obligations of each party, shall be suspended pending t the the referendum challenge to the annexation results
herein shall be null andv oid and of no
TOWN, then this Agreement and all provisions
further effect. If the referendum challenge fails, then the ANNEXEE and the TOWN shall
.
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 ion, the is
TOWN and the ANNEXEE shall cooperate to cure the legal defect which resulted in
disconnection of the Properly or zoning chatoenagnreiex he Property to cure this Annexation
pursuant to
Agreement shall be deemed to be an agreement
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 anobligations the parties shall be construed
or provision held to be
and enforced as if the agreement dad not contain the p part,
invalid. Notwithstanding the foregoing, if the ANNEXEE'S right to disconnect contained in
Article III.2., or the TOWN's discretion over terms of the Development Agreement provided in
Article II is determined to be illegal, unenforceable
d of no further force or effect as to the
this Agreement in its entirety shall be immediately void an
the
Property and the TOWN shall take such action as is d ton necessary
of approve of the anise ation
disconnection of the Property, it being deemed that a con
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
ii iiiiIN
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 WIMREOF, the parties hereto have executed this agreement the day and
is year first above written.
The ANNEXES:
Vail Associates Investments, Inc., a
Colorado corporation
By:
(Nam and title)
;TE.OYCOLORADO )
a - OM a? )
- M `subscribed before me this Z 3'°b day of 1998, by
?.
,,,{MDrzr- as sR. V, P. ?E?r?su.?L?NS?L of Vail Associates Investments,
Inc.
My com Sion expires: - ADD
o is
I II?III VIII t1ItIlI ?I1lI [III ???' IIII"I III "I'I'III It??
677370 11/23/1998 M 19P 27 Sara Fisher
5 of 8 R 41.00 D 0.00 N 0.00 Eagle 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 )
COUNTY OF Eagle )
0('?
Subscribed before me this day of 1998, by
ofTown o Avon, Colorado.
as J"?Y
• : , ° , ? . ? a: .. 09t28???t
qy commission expirehlY Commission Expires
.s
`Notary Public
V AINC\AGRTUMC 1344081098
0244.2033
677379 •
111111111111111111111111111111111111111111111111111 p iiu IN
P
EXHIBIT A
LEGAL DESCRIPTION
L--]
It 11111111111111111111111111111111111111111111111
677379 muie
EXHIBIT A
t AND DE1.qCRIP110N
A parcel of land located In the south 1/2 of the northwest 1/4 of
82 West of the Sixth Principal
-?, 'Section 12. Township 5 South, Range
Meridian, Eagle County. Colorado. being more particularly described os
follows:
Beginning of o point on the southerly right-of-way line of the O Denver
de Western Rail Rood and the westerly right-of-way
G
Ri
A ran
o
Rood, from which the Center 1/4 corner of Section 12 bears
thence along the southerly railroad rignt-
et
61239 f
"
'
'
t e
;
E.
06
18
S 04
N 65'23'27' W, 1729.75 feet to the southeasterly most corner of
of-wa
4
as
y
,
Trott H, Benchmark at Stover Creek Subdivision. Amendment Number
orting the southerly right-
e de
th
n
p
c
e
recorded in Book 274 of page 701.
of-wcy line and olong the southerly line of Tract H N 89132'01" W,
Subdivision,
f Beaver
li
G
k
!kj
i - ne o
397,29 feet to a point on the easterly
id
6
line bbei
as recorded in Book 656 at page 2. g
ng 0 and P
sa
is
5
zr ,
oleo the approximate centerline of the Eagle River. thence along the
easterly line the following ten (10 courses:
132.70 feet. 2) S 57'22'26' E. 341.00 feet,
S 48'08'55' E
4
Z .
33'' E 455.67 feet. 4) S 47'47'00' E. 293.81 feet,
3 S
50:
49:
154.96 feet,
6) 5 50'10'1'x" E
'
'
'
5 ,
E. 152.41 feet.
09
40
09
40
5 S 43
7 S 53'42'46' E. 107.29 feet, 8) S 81'26'34' E. 214.80 feet,
33 feet to o point on
187
'36'05" E
.
.
9 N 56'00'59' E. 162.21 feet. 10) N 86
the westerly right-of-way line of Avon Road, thence clonj the westerly
: 1) N 12 05'08' E,
right-of-way line the following lour (4) courses
2) N 12'07'30' E. 86.00 fett; 3) N 21'17'14" E. 52.00
15 feet
120
.
.
feet. 4) N 04'29'54' E. 119.79 feet to the Point of Beginning.
Parcel Contains 18.886 acres.
?-10 and
A
.
Together with three (3) parcels of land known as TK-10-
South 1/2 of the Northwest 1/4 of
th
e
PE-10 also being located in
Township 5 South. Ronge 82 West of the Sixth Principal
Section 12
.
Meridian, Eagle County. Colorodo, the exterior boundary of these
articularly described as follows;
r
i
e p
ng mo
combined parcels be
Beginning of the Northeast corner of the Confluence from which the
612.39 feet; thence
S04' 18' 06"E
,
center 1/4 of Section 12 bears
southeriy right-of-way line of the Denver and Rio Grande
th
e
along
Western Railroad S 65' 23' 77'E. 33.06 feet: thence deporting sold
f o non-tongent curve to the right.
'
roilrood right-of-way along the ore o
8
rd
t
f
g
9
ee
,
hence the
Net
23' 4$'W, .81 O
o chord which bears S06
26? 2 ond
following sewn (7) courses:
1. $11' 13' 03"W. 54.70 feet
2. S43' 13' 33'W. 37.70 feet
3. S10' 05' 03"W, 94.50 feet
4. 560' 30' US'W, 28.16 feet
5. N12' O9' G8"- '20-18 het
6. N1 Z' 07' 30'E. 86.00 feet
7. N21' 17' 14'E. 52.00 feet
thence N04' 29' 54"E. 119.79 feet to the Point of Beginning.
Parcel contains 0.28 acres More or iess.
iiniiinginmgiiiuiipnniiiiipgminiiuun
a of a R 41.00 D 0.09 N 0.00 Eagle CO
11
Exhibit C-1
11
C
Final
10/27/98
26
SECTION TI: Zoning Review: Title 17
I DEVELOPMENT STANDARDS:
Confluence PUD Revised Submittal No3
October 27, 1998
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. Tune-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.
L'
l-1
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 hori2ontally 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'/0]
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. Residcntial/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.
10 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.
Exhibit C-2
Final
10/27/98
n
E
27
SECTION II: Zoning Review: Title 17
I DEVELOPNMNT STANDARDS:
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Lot C PUD Revised Submittal
October 27, 1999
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.
$. 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 plans / 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. 4 Hotels;
8. ¦ Lodges;
9. Apartments;
10. Condominiums;
11. ¦ Indoor recreation and/or entertainment facilities;
12. ¦ Financial Institutions;
13. Bed and breakfast lodge;
14. Tune-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.
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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 [East]: 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 [?0016]
5. Maximum Density: 210 Dwelling Units - Site Density of 65 Dwelling Units / Acre
(3 hotel rooms or Accommodation Units = 1 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. RcsidenfmModging:
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 parldng spaces per unit up to
two [2] bedrooms plus,
0.5 parking spaces per additional bedroom.
4. Teed 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.
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fTOWN OF AVON
Ekµlart-L
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
HEREAS, Vail Associates Investments Inc., owner of the Lot C, has applied for
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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
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F:\MMesolutions\1999 Reso1utions\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
F:\p&z\Resoiutions\1499 Resolutions\99-181otcR.doc
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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.
is 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 IA.
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.
FAMZ\Resolutions\1999 Resolutions\99-181otcR.doc
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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 Is
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.
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110
'
0 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:
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IV.
i. A 39'0 access easement at Sunroad Le, 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 storm drainage facilities from Lot B.
19. An Agreement will be required prior to issuance of a building permit 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.
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.
FAP&Z\Resolutions\1499 Resolutions\99-18kKcR.doc
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ADOPTED THIS 21 h DAY OF DECEMBER, 1999
Signed: - J
Anne Fehlner, Chai
Date: 42?10 a
Attest;
Greg Macik, Secretary
Date: Z o
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C
0 MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin, Town Attorney
CC: Bill Efting, Town Manager
RE: Tract C PUD and Amendment to Development Agreement: Redlined versions
showing second reading modifications
DATE: 02/17/00
On Feb. 8 the Council passed on first reading Ord. No. 02 (2000), a PUD zoning
ordinance for Tract C. Said ordinance included an amendment to the 1998 Development
Plan for Tract C.
On Feb. 22 the Council will consider final second reader passage of Ord. No. 02
(2000), including the associated amendment to the 1998 Development Agreement.
Attached hereto are redlined copies of the first reader version of the PUD and the
amendment, showing what changes from the first reader versions are now contained in the
versions before the Council for final passage on second reading.
The slight changes are not substantive in nature. The changes represent a fleshing out
of additional details in view of input from Avon staff and Vistana. Both documents now
have a more affirmative statement that the tax rebates called for in the agreement serve the
public purpose of increasing employment and economic development within the Town.
In sum, the changes that are reflected in the second reader versions of these
documents improve the ordinance and the development agreement.
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FiuprL JZE-D1,iA1CD
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
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CO_DOCS_A 56190 v RED
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 and serve the public purposes of increasing
employment and economic development in the Town including the development Amw
businesses and the expansion of existing businesses.
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 8`h 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 22nd day of February, 2000.
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Burt Levin, Town Attorney
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CO_DOCS A 56190 v RED
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0 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."
D. The Town Council of the Town has made a finding in its Ordinance No 02,
Series 2000 (the "Ordinance") that execution of this Amendment serves the public
purposes of increasing employment and economic development in the Town, including the
development of new businesses and the expansion of existing businesses
AMENDMENT
5.1 Allocation of Taxes.
to the allocation of taxes, as follows.
ARTICLE V
REBATE AGREEMENT
The parties have renegotiated their agreement with regard
(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
CO-DOCS A 56865 v RED
3.08 of the Avon Municipal Code, as amended) n Code, aa amended) collected bytthein
accordance with Chapter 3.28 of the Avon Municipal Co
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
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 €er-to the Tract C District for payment of the bonds or
other forms of indebtedness incurred in connection with 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 or other commercial areas 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
d on Tract C, and attributable
50% thereof to thee
of each deeded time-share units interest
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 which such taxes shall be deposited
until rebated for the parking improvement project located on Tract C. Said RETT shall be
required to be rebated only with respect to the first sale of each deeded time-share interest in
each unit constructed on Tract C, and shall not be required with respect to any subsequent
resale thereof.
For purposes hereof, "deeded time sbare interest" is defined as any seven-day
time-share interest in a two-bedroom time-share unit one-bedroom d W ellin Lmt O
one bedroom accommodation unit as described in the deed from a time-share developer to
an initial purchaser or any subsequent transfer b deed thereafter. Deeded time shaLre
interests shall also include time-share interests which have been acquired by a t-
r ?"A am thPreafter reconvened
aeveiu er till vu L 1Vl-.m-- --
b a time-share developer. As contemplated b paragraph 8.13.B.5 of this Amen men
the legal description of a two-bedroom time-share unit as the combination of a
one bedroom dwelling unit and one-bedroom accommodation unit in the deed to a
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CO_DOCS_A 56865 v RED
purchaser will result in a "deeded time-share interest" in a single two-bedroom time-share
from the RETT Rebate Account beyond fifteen (15) years after the commencement of deposits
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 veuri^^ v fund to be established *h
banking institution mutually aeeeptable to the-TA-ynn. -And- Owne.r- not be distributed to the
Tract C District but shall constitute a legal reserve of Town funds which to the extent
annually allocated to the RETT Rebate Account (1) shall not be available for any other
Town purpose, (2) shall not be released except pursuant to the terms of this paragraph
and (3) shall be invested in accordance with the Town's investment policy. In the event
such hotel is opened to the public on or before June 1, 2007, any interest accumulated on
rebateable funds within the esErowed RETT Rebate Account shall be split evenly between the
Town and the 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. Thereafter, amounts in the RETT Rebate
Account shall be conveyed to the Tract C District in the manner described in the first
paragraph of this Section 5.1(c). If the hotel is not opened to the public on or before June 1,
2007, then all amounts held in the eseFewed RETT Rebate Account shall be wed ag d to
the Town free and clear of any claim by the Tract C District.
unit.
obligations shall be issued or incurred for the parking improvements project 2007 located or 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 (or other obligations) a issued or
It is the Notwithstanding expectation the of the foregoing, parties prior that to a the series or earlier to series of occur beofd June 1, bonds or other
incurred by the Tract C District and secured by rebates from said account have been paid in
full. However, in no instance shall the Town continue the allocation and rebate of RETT taxes
in said account.
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 and the Tract C District in writing of such action prior
to the Town filing its first responsive pleading in such action and shall allow the Des
Tract C District to participate in any defense to such action as set forth in Section 2.4 of the
1998 Development Agreement.
e) Effect of Amendment on Sections 5.2 through 5.12. Nothing in this
Amendment shall be construed as modifying Sections 5.2 through 5.12 of the 1998
,CO DOCS A 56865 v RED 3
Development Agreement, with the exception that as such sections pertain to Tract C the
term "Districts" shall be construed as applying only to the Tract C District.
ARTICLE VIII
MISCELLANEOUS
8.12 Recreation Amenities Fee. Commencing as of the effective date of this
agreement, and continuing in perpetuity, the-OwneF, or the condominium timeshare
association,- any formed to manage the condominium time-share project in Tract C (the
"Time-Share Association' , 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 interest
located on Tract C. (FE)F purposes ,
separately deeded.) Prior to the formation of the Time-Share Association, the Owner shall
be obligated to pay the Recreation Amenities Fee.
The amount of the semiannual payments will be calculated according to the following
formula:
Number of existing or newly deeded time-share units interests per semiannual
period (January-June; T 'n°^°^?''°r'. calculated as of June 1, and
July-December calculated as of December 1), multiplied by $25 (or as
adjusted by CPI-U, 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.
is Elefined as any time share Unit heFetefoFe
"deeded unit" per- purposes hereof,
deeded by a tifne shaFe -"-'---F *E) the 0A'neF thereof and ineludes time share units whi
have been fffee!OSed UPOR OF Fe conveyed in lieu of feFeelosuFe.
On January 1, 2001, and on the first day of each year thereafter, the amount of the fee
shall be increased by the prior yeafs-IyLars average consumer price index for All Urban
Consumers (CPIU) 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 Labor Statistics (the "CPI-U").
It shall be the duty of the Owner ^Y the eond ni "' timeshare assoeiation, if any,
Condominium Time-Share Association 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. Prior to the formation of the Time Share Association, the Owner shall
have the above referenced obligation to keep and preserve such records.
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CO DOCS A 56865 v RED
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- OF the condominium finieshar-e , if any
Condominium Times-Share Association. 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. Prior to the formation of the Time Share Association, such written determination
will be delivered to the Owner.
8.13. Additional Provisions.
Tow of "^^ The Ordinance No. oeFi_s 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 the 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 such 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. 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
CO DOCS A 56865 v RED 5
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 5,250 sf GLFA on the ground level of w hi will be fef retail
use and 10,500 sf GLFA the second and third floors of whie may be usedd fe will be
office or retail use)). Parking will include construction of an additional 11 spaces.
Phase 1-C: 48 time-share units. A building permit will be issued for Phase 1-C
(the third phase of the Ti.,,z eshafe 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 an additional 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 ocoupaney wi -hin setbaeks will also be allowed for- outdoe
'
r-ev
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.
6
CO_DOCS_A 56865 v RED
I. 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 3`910 J T5" wide access easement on Tract 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 s ? ?, of T + a and T_ t r
- -- ?-??? .....veaavaa? on ?.tlVli - --
From the hotel entrance to the parking structure the easement shall be 25'0" Vide A' W"
of ' + of `r `B ' 12'5" wide on on eaeh sue h 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.
CO_DOCS_A 56865 v RED 7
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.
The failure of the owner of Tract B -to convey an easement on its property or otherwise
to cooperate in the activities c temnlated by this r O steal not d
affect the activities of the owner of Tract ereun er, -
impacts including existing drainage from Tract B are confined to Tract C.
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 with a maximum of 3010 of structured narking to be co=AcL
U. The Town shall allow access in conformance with Title 12 of the Avon
Municipal Code from Benchmark Road, a public road owned by the Town, to Tract C as
f 71T 1UD 'fl Develop I?TI
i
necessary to develop the proiect as contemplated by and shown on the P l,Ient Ian
for Tract C and the Development Standards.
8.14 Provisions Regarding 1998 Development Agreement.
A. In the event Vint ^", in& Points of Colorado, a Colorado corporation, or its
assigns ("POCD 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 Vint ^^, In POC and this Amendment and the 1998 Development Agreement
shall be binding upon and except as otherwise provided in the Amendment, shall inure to the
benefit of Vistana, inc. POC and its successors in interest. Further in the event of such purchase
by Nristana, T POC, all obligations of the Owner herein shall become obligations of V4stana
Ifte7 POC and Owner shall be released of all such obligations.
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 except as specifically set forth herein Further, no failure of the
8
CO_DOCS A 56865 v RED
owners of Tract C to comply with the requirements of or satisfy the obligations of the 1998
Development Agreement or this Agreement shall affect the development of the Confluence
or Tract B. In the event any provisions of this Amendment may conflict with provisions of the
1998 Development Agreement, the provisions of this Amendment shall control.
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:
Judy Yoder, Mayor
DATE:
ATTEST
0 Kris Nash, Town Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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
CO DOCS_A 56865 v RED 9
OWNER:
ATTEST:
STATE OF COLORADO
VAIL ASSOCIATES INVESTMENTS, INC., a
Colorado limited liability company
By:
Its:
DATE:
11
) ss.
COUNTY OF EAGLE )
Subscribed before me this day of , 2000, by
as of Vail Associates Investments, Inc.
My commission expires:
Notary Public
C
10
CO_DOCS_A 56865 v RED
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12
CO_DOCS_A 56865 v RED
® MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
RE: Resolution approving the service plan for the new Tract C metro district
DATE: 02/17/00
Attached is a resolution of the Council approving the service plan for Mountain Vista
Metro District, a new special district for Tract C that will facilitate construction of Vistana's
project in accordance with the new PUD zoning for Tract C (Ord. No. 00-02) and in
accordance with the Amendment to the Development Agreement for Confluence and Tract
C.
The service plan (a copy of which is attached to the resolution) has been reviewed by
staff, including Stan Bernstein and Dick Scheurer, Esq., and found to be consistent with the
other controlling documents for Tract C.
0 Approval of this resolution will permit the owner of Tract C to place on the May 2000
ballot the question of the formation of the new district. y
n
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 22nd DAY OF
FEBRUARY, 2000, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF RESOLUTION NO. 00-10, SERIES OF 2000:
A Resolution of the Town of Avon, Eagle County, Colorado, Approving the Service Plan
for Mountain Vista Metropolitan District
A copy of said Resolution is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider passage of this Resolution.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 17th day of February, 2000.
TOWN OF AVON, COLORADO
BY:
Kris Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 18,2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER; AND
CITY MARKET IN THE MAIN LOBBY
C7
RESOLUTION NO. 10
SERIES OF 2000
A RESOLUTION OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO,
APPROVING THE SERVICE PLAN FOR
MOUNTAIN VISTA METROPOLITAN DISTRICT
WHEREAS, pursuant to Sections 32-1-204.5 and 32-1-205, C.R.S., as amended, the
Service Plan for Mountain Vista Metropolitan District (a copy of which is attached hereto and
made a part hereof) has been submitted to the Town Council of the Town of Avon (the
"Council"); and
WHEREAS, notice of the hearing before the Town Council of the Town of Avon,
Colorado, was duly published in the Eagle Valley Enterprise on February 10, 2000, as required
by law; and
WHEREAS, pursuant to the provisions of Title 32, Article 1, C.R.S., as amended, the
Council held a public hearing on the Service Plan for Mountain Vista Metropolitan District on
February 22, 2000; and
WHEREAS, the Council has considered the Service Plan, and all other testimony and
evidence presented at the hearing.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
The hearings before the Council were extensive and complete; that all pertinent
facts, matters and issues were submitted; that all interested parties were heard or
had the opportunity to be heard; and, that evidence satisfactory to the Council of
each of the following was presented:
a. There is sufficient existing and projected need for organized service in the
area to be served by the proposed Special District.
b. Existing service in the area to be served by the proposed Special District is
inadequate for present and projected needs.
C. The proposed Special District is capable of providing economical and
sufficient service to the areas they intend to serve.
d. The areas to be included within the proposed Special District have or will
have the financial ability to discharge the proposed indebtedness on a
reasonable basis.
That the Town Council of the Town of Avon, Colorado, does hereby determine
2.
that the requirements of Sections 32-1-202(2) and 32-1-203(2), C.R.S., relating to
the filing of a Service Plan for Mountain Vista Metropolitan District and the
requirements of Sections 32-1-204.5, C.R.S., relating to the hearing by the
Council, have been fulfilled in a timely manner.
3. That the Town Council of the Town of Avon, Colorado, does hereby approve the
attached Service Plan for Mountain Vista Metropolitan District as presented to
Council on February 22, 2000, conditioned on execution of the Amendment to
Development Agreement for Confluence and Tract C by March 31, 2000.
4. A certified copy of this Resolution shall be filed in the records of the Town and
submitted to the petitioners for the purpose of filing in the District Court of Eagle
County.
5. That all resolutions or parts thereof in conflict with the provisions of this
Resolution shall be repealed.
Done this 22nd day of February, 2000, at Avon, Colorado.
0
TOWN COUNCIL OF THE TOWN OF AVON, EAGLE
COUNTY, COLORADO.
By:
ATTEST:
Kris Nash, Town Clerk
Judy Yoder, Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Burt Levin, Town Attorney
2
SERVICE PLAN
FOR
MOUNTAIN VISTA METROPOLITAN DISTRICT
TOWN OF AVON, COLORADO
Prepared for
Mountain Vista Metropolitan District
By
White and Associates Professional Corporation
8005 S. Chester, Suite 125
Englewood, CO 80112
303-858-1800
February 16, 2000
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................ 1
A. GENERAL OVERVIEW ............................................................................... 1
B. GENERAL FINANCIAL INFORMATION AND ASSUMPTIONS ........... 1
C. CONTENTS OF SERVICE PLAN ............................................................... 2
D. MODIFICATION OF SERVICE PLAN ...................................................... 2
II. PURPOSE OF AND NEED FOR THE PROPOSED DISTRICT ....................... 2
A. PURPOSE AND INTENT ............................................................................. 2
B. NEED FOR DISTRICT ................................................................................. 3
C. GENERAL POWERS .................................................................................... 3
1. Powers Regarding Services and Facilities ............................................... 3
a. Parks and Recreation .......................................................................... 3
b. Sanitation ...........................................................................................3
c. Water ..................................................................................................4
d. Streets .................................................................................................4
e. Traffic and Safety Controls ................................................................ 4
2. Miscellaneous Powers .............................................................................. 4
a. Legal Powers ...................................................................................... 4
b. Other .................................................................................................. 4
III. BOUNDARIES, POPULATION AND ASSESSED VALUATION
ESTIMATES ....................... .............. 5
.............................................................
A. GENERAL ...................................... ..............5
.................................................
B. POPULATION ...........................................................
C. ASSESSED VALUATION ........................................................................... 5
IV. DESCRIPTION OF PROPOSED FACILITIES .................................................. 5
A. PARK AND OPEN SPACE ......................... ........... 6
......................................
1. Parks .........................................................................................................6
2. Street Landscaping ................................................................................... 6
3. Cost Estimates .......................................................................................... 7
B. GRADING .....................................................................................................7
1. Overall Plan ............................................................................................. 7
2. Cost Estimates .......................................................................................... 7
C. SANITARY SEWER COLLECTION SYSTEM .......................................... 7
1. Overall Plan ............................................................................................. 7
2. Design Criteria ........................................
3. Wastewater Treatment ............................................................................. 7
4. Cost Estimates .......................................................................................... 7
D. WATER SYSTEM ......................................................................................... 7
1. Overal Plan ............................................................................................... 7
2. Design Criteria ......................................................................................... 8
3. Water Demand ......................................................................................... 8
4. Water Distribution System ....................................................................... 8
5. Metering ...................................................................................................8
6. Cost Estimates .......................................................................................... 8
V
E. DRAINING IMPROVEMENTS, STREET IMPROVEMENTS AND
PARKING FACILITIES ............................................................................... 8
1. Roadway Infrastructure ............................................................................ 8
2. Drainage Facilities ................................................................................... 9
3. Parking Facilities ..................................................................................... 9
4. Cost Estimates .......................................................................................... 9
F. DESCRIPTION OF COST ESTIMATES ..................................................... 9
G. TOWN OF AVON CONSTRUCTION STANDARDS ................................ 9
H. OWNERSHIP AND OPERATION ............................................................... 9
1. SERVICES OF DISTRICT ......................................................................... 10
FINANCIAL PLAN ........................................................................................... 10
A. GENERAL PLAN OF FINANCE.....
.................................................... 10
B. OPERATING COSTS ................................................................................. 12
VI. GENERAL MATTERS ..................................................................................... 12
A. ELECTIONS ................................................................................................ 12
VII. MODIFICATION OF SERVICE PLAN ........................................................... 13
VIII. RESOLUTION OF APPROVAL ...................................................................... 14
IX. PROPOSED INTERGOVERNMENTAL AGREEMENT AND
DEVELOPMENT AGREEMENT .................................................................... 14
A. INTERGOVERNMENTAL AGREEMENT ................................................ 14
B. OTHER AGREEMENTS ............................................................................. 14
X. CONCLUSION ..................................................................................................14
LIST OF EXHIBITS
EXHIBIT A Town Board Resolution of Approval
EXHIBIT B Legal Description
EXHIBIT C Avon Vicinity Map
EXHIBIT D Boundary Map
EXHIBIT E Statutory Contents of Service Plan
EXHIBIT F Regional Improvements and Cost Estimates
EXHIBIT G Financing Plan
EXHIBIT H Form of Confluence Intergovernmental Agreement
I. INTRODUCTION
A. General Overview. This service plan ("Service Plan") for the Mountain Vista
Metropolitan District (hereinafter the "District") is for a special district proposed to be organized
to serve the needs of a new project to be known as "Mountain Vista." The proposed District is
generally located in Block 2 in the Benchmark at Beaver Creek Subdivision, Amendment 4,
Town of Avon, Eagle County, Colorado. It is bordered on the northeast by Beaver Creek Blvd.,
on the northwest by Benchmark Road, on the west by Tract G and on the south by Lot B.
One of the purposes of the proposed District is to provide public improvements to be
dedicated to the Town of Avon or retained by the District for the use and benefit of the District's
inhabitants and taxpayers. A primary purpose of the proposed District is to enter into an
intergovernmental agreement (the "Confluence IGA") with the Confluence Metropolitan District
regarding mill levies to be imposed on property within Mountain Vista in order to allocate the
District's financial, construction and maintenance responsibilities with respect to certain regional
improvements depicted in Exhibit F hereto (the "Regional Improvements"). A form of the
Confluence IGA is attached as Exhibit H. The Regional Improvements, as well as other
improvements to be provided by the District shall include the types of facilities and
improvements generally described in Section IT. C below consisting largely of water, wastewater,
streets, parking, park and recreation facilities and other improvements needed for the area. This
Service Plan addresses the improvements which are expected to be provided by the District. The
District may, with the Town of Avon's agreement, engage in other activities.
This Service Plan was prepared by White and Associates Professional Corporation, 8005
South Chester Street, Suite 125, Englewood, Colorado 80112; telephone (303) 858-1800.
B. General Financial Information and-Assumptions
The 2000 certified assessed valuation of all taxable property within the boundaries of the
Districts is assumed to be zero ($0) for purposes of assuring the conservatism of the financing
plan. The anticipated costs of improvements, including the Regional Improvements, necessary to
provide access to and appropriate services within the District are substantial and are estimated in
Exhibit G.
The District may obtain financing for the capital improvements needed for the District
through the Confluence IGA, the issuance of general obligation bonds and revenue bonds. Such
obligations may be paid from ad valorem property taxes and from other sources including but not
limited to parking fees and sales, lodging and real estate transfer tax rebates received from the
Town of Avon. The financial forecast for the District is contained in Exhibit G to this Service
Plan. The "Financing Plan" demonstrates one method which might be used by the District to
finance the cost of infrastructure. At the time bonds are proposed to be issued, alternative
financing plans may be employed and be utilized by the District.
The Financing Plan demonstrates that the cost of infrastructure described herein can be
provided with reasonable mill levies. The figures contained herein depicting costs of
infrastructure and operations shall not constitute legal limits on the financial powers of the
District; provided, however, that the District shall not be permitted to issue bonds which are not
in compliance with the bond registration and issuance requirements of Colorado law.
The assumptions contained within this Service Plan were derived from a variety of
sources. Various figures were derived from the zoning and development guide for Mountain
Vista. Figures used in the Financing Plan are more conservative. Information regarding the
present status of property within the District, as well as the current status and projected future
level of similar services, was obtained from the developer. Alpine Engineering, Inc., which has
experience in the costing and construction of similar facilities, assembled construction cost
estimates. Operations cost estimates were assembled by J.W. Simmons and Associates, P.C.
based upon information supplied by the developer. The Financing Plan was assembled by J.W.
Simmons and Associates, P.C. based on assumptions provided by the developer. The developer
prepared projections of growth and market values. The law firm of White and Associates
Professional Corporation, which represents numerous special districts in the state, provided legal
advice in the preparation of this Service Plan.
C. Contents of Service Plan. This Service Plan consists of a financial analysis and
engineering information showing how the facilities and services of the District can be provided
and financed. Numerous items are addressed in this Service Plan in order to satisfy the
requirements of law relative to formation of a special district, as identified in Exhibit E attached
hereto. It is believed that each of the requirements of law and the Town of Avon Code are
satisfied by this Service Plan.
D. Modification of Service Plan This Service Plan has been prepared with sufficient
flexibility to enable the District to provide requisite public services and facilities as are necessary
to meet the needs of the community under evolving circumstances. While the assumptions upon
which this Service Plan are generally based are reflective of current zoning for the property
within the proposed District, the cost estimates and the Financing Plan are sufficiently flexible to
enable the District to provide necessary services and facilities without the need for repeated
amendments to the Service Plan. Modification of the proposed configuration of improvements,
scheduling of construction of such improvements, and the locations and dimensions of various
facilities and improvements shall be permitted to accommodate development needs consistent
with zoning for the property.
II. PURPOSE OF AND NEED FOR THE PROPOSED DISTRICT
A. Purpose and Intent. The District is being formed with the express intent of
executing the Confluence IGA. Failure to execute the Confluence IGA or to certify the mill
levies when and as required therein, shall be a material modification of and departure from this
Service Plan. Additionally, it is intended that the District will provide certain essential public-
purpose facilities for the use and benefit of all anticipated inhabitants and taxpayers of real
property within the boundaries of the District which are wholly located within the Town of
Avon. It is not the intent of the District to provide ongoing services other than as specifically set
forth in Section IV.H hereof. The District acknowledges the need and its intent to cooperate with
2
the Town of Avon to serve and promote the health, safety, prosperity, security and general
welfare of its inhabitants. As evidence of such cooperation and need to coordinate activities with
the Town of Avon, the proposed District shall obtain a resolution approving this Service Plan
from the Town of Avon which shall be attached hereto as Exhibit A. Should the purposes of the
District change from what is stated herein, it shall be considered to be a material modification of
this Service Plan.
B. Need for District. There are currently no other entities located in the surrounding
area of the District which have the ability and/or desire to undertake the design, financing and
construction of improvements needed for the project. It is the petitioners' understanding that the
Town of Avon does not consider it feasible or practicable for it to provide the Regional
Improvements depicted in Exhibit F hereof and described herein. Among other reasons
articulated herein, formation of the District is necessary in order that the Regional Improvements
be provided in the most economic manner possible.
C. General Powers. The proposed District will have power and authority to provide
the services and facilities generally described in this Service Plan.
1. Powers Reg r i g Services and Facilities. The District shall have
authority to construct, operate and maintain the services and facilities described below. Pursuant
to the Confluence IGA, funding for the District's share of the Regional Improvements will be
derived from by the District's certification of a limited mill levy. The Confluence Metropolitan
District is to use such proceeds to secure its bonds issued to construct the Regional
Improvements. Necessary funding for additional improvements may be provided by the issuance
of general obligation bonds, limited tax general obligation bonds, revenue bonds, lease purchase
financing, 63-20 corporation obligations or any other financing method legally available to
metropolitan districts. The District shall have the power to construct, operate and maintain all
facilities and improvements described below including but not limited to a 15,000 square foot
conference center, a pedestrian overpass connecting the Confluence area with the Town core
area, and the Avon Town Center Mall, established by Town ordinance 81-11. The following
activities shall be permitted:
a. Parks and Recreation. The design, acquisition, installation,
construction, operation and maintenance of public park and recreation facilities or programs
including, but not limited to grading, soil preparation, sprinkler systems, playgrounds, playfields,
swimming pools and spas, tennis courts, exercise facilities, bike paths, hiking trails, pedestrian
trails, pedestrian bridges, pedestrian malls, public fountains and sculpture, art, and botanical
gardens, picnic areas, skating areas and facilities, common area landscaping and weed control,
outdoor lighting of all types, community events and other facilities, together with all necessary,
incidental and appurtenant facilities, land and easements, and all necessary extensions of and
improvements to said facilities or systems.
b. Sanitation. The design, acquisition, installation, construction,
operation and maintenance of storm or sanitary sewers, or both, flood and surface drainage,
wastewater treatment and disposal works and facilities, grading therefor and all necessary or
3
proper equipment and appurtenances incident thereto, together with all necessary, incidental and
appurtenant facilities, land and easements, and all necessary extensions of and improvements to
said facilities or systems.
C. Water. The design, acquisition, installation, construction,
operations and maintenance of a complete water and irrigation water system, including but not
limited to transmission and distribution systems for domestic and other public or private
purposes, together with all necessary and proper facilities, equipment and appurtenances incident
thereto which may include, but shall not be limited to, transmission lines, distribution mains and
laterals, land and easements, together with extensions of and improvements to said systems.
d. Streets. The design, acquisition, installation, construction, and
maintenance of street and roadway improvements, including but not limited to parking facilities,
curbs, gutters, culverts, storm sewers and other drainage facilities, detention ponds, retaining
walls and appurtenances and entry monumentation, as well as sidewalks bridges, paving,
lighting, grading, landscaping, undergrounding of public utilities, snow removal equipment and
other street improvements, together with all necessary, incidental, and appurtenant facilities, land
and easements, together with extensions of and improvements to said facilities.
e. Traffic and Safety Controls. The design, acquisition, installation,
construction, operations and maintenance of traffic and safety protection facilities and services
through traffic and safety controls and devices on streets and highways, environmental
monitoring, as well as other facilities and improvements including but not limited to, main entry
buildings, access gates, signalization at intersections, traffic signs, area identification signs,
directional assistance, and driver information signs, together with all necessary, incidental, and
appurtenant facilities, land easements, together with extensions of and improvements to said
facilities.
2. Miscellaneous Powers. The District shall have the following
miscellaneous powers with respect to activities to be conducted pursuant to this Service Plan.
a. Legal Powers. The powers of the District will be exercised by its
board of directors to the extent necessary to provide the services contemplated in this Service
Plan. The foregoing improvements and services, along with all other activities permitted by law,
will be undertaken in accordance with, and pursuant to, the procedures and conditions contained
in the Special District Act, other applicable statutes and this Service Plan, as any or all of the
same may be amended from time to time.
b. Other. In addition to the powers enumerated above, the board of
directors of the District shall also have the following authority:
i. To amend this Service Plan as needed, subject to applicable
state and local laws contained in Title 32, C.R.S. and the Town of Avon Code, including, by,
written notice pursuant to Section 32-1-207, C.R.S., of actions which the District believes are
permitted by this Service Plan but which may be unclear. In the event the Town elects not to
4
seek to enjoin any such activities under said statute, such election shall constitute agreement by
the Town that such activities are within the scope of this Service Plan. The District shall have
the right to amend this Service Plan; and
ii. To forego, reschedule, or restructure the payment and
construction of certain improvements and facilities in order to better accommodate the pace of
growth, resource availability and potential inclusions of property within the District, or if the
development of the improvements and facilities would best be performed by another entity; and
iii. To provide all such additional services and exercise all such
powers as are expressly or impliedly granted by Colorado law, and which the District is required
to provide or exercise or, in its discretion, choose to provide or exercise; and
iv. To exercise all necessary and implied powers under Title
32, C.R.S. in the reasonable discretion of the board of directors of the District.
III. BOUNDARIES, POPULATION AND ASSESSED VALUATION ESTIMATES
A. General. Mountain Vista will contain approximately 3.24 acres of real property
divided into several development phases, which are planned for residential housing. The
improvements, which are described in this Service Plan, are necessary and applicable for the
entirety of the Mountain Vista community.
The service area of the District is generally described as all real property within the
boundaries of the District. The boundaries of the District are more particularly depicted in the
map contained in Exhibit D and pursuant to the legal description attached as Exhibit B.
Exhibit C is a Town of Avon vicinity map which generally reflects the District's location
within current Town boundaries. The petitioners assure that the District is entirely within the
current boundaries of the Town of Avon.
B. Populatio . The estimated timing for construction of commercial properties and
interval ownership units, and corresponding population estimates of transient hotel guests and/or
interval ownership residents, is contained in Exhibit G.
C. Assessed Valuation. An estimate of projected assessed valuations within the District
is set forth in Exhibit G which contains the financing plan for the District. At buildout,
Mountain Vista will consist of condominiums, hotel, office, retail and time-share development.
IV. DESCRIPTION OF PROPOSED FACILITIES
This section describes the key facilities and improvements expected to be provided by the
District. As noted in Section II.C.1, the District will obtain funding pursuant to the terms of the
Confluence IGA for the construction, operation and maintenance of the Regional Improvements
and through the issuance or incurrence of various types of obligations for the construction,
5
operation and maintenance of additional facilities and improvements. The District may contract
with various public and/or private entities to undertake such functions and shall execute the
Confluence IGA, as further described herein.
The following general descriptions of improvements are preliminary only and will be
subject to modification and revision as engineering plans, financial factors and construction
scheduling and costs may require. The improvements shall be subject to the overall limitations
on the powers of the District set forth in Section II hereof. Improvements not specifically
described herein shall be permitted as long as they are generally contemplated in Section II
hereof, and are within the District's financial ability to provide such improvements. Should the
types of improvements materially change from what is stated in Section II of this Service Plan, it
shall be considered to be a material modification of this Service Plan.
Cost estimates for "Regional Improvements" which are the subject of the IGA are
depicted in Exhibit G and Exhibit F. Notwithstanding the cost estimate allocations set forth on
Exhibit F, the District shall be permitted to reallocate costs between categories of improvements
as it deems necessary in its discretion. The total estimated cost of the facilities is approximately
$16,000,000 in 2000 dollars, exclusive of cost of issuance, organizational costs, inflation, and
other similar costs. All materials and supplies acquired for provision of facilities will be exempt
from all state, local and other sales, use and other taxes. All facilities described herein will be
designed in such a way as to assure that the facility and service standards will be compatible with
those of the Town of Avon and of other municipalities and special districts which may be
affected thereby. All descriptions of the specific facilities and improvements to be constructed,
and their related costs, are estimates only and are subject to modification as engineering,
development plans, economics, the Town of Avon's requirements, and constructing scheduling
may require.
A. Park and Open Space. The park and open space improvements expected to be
constructed and maintained within the District include pocket parks, open space areas and
landscaping. The District also expects to acquire, construct, operate and maintain public parks
outside the District boundaries and appurtenant thereto. All parks and open areas outside District
boundaries will be planned in cooperation with Avon. Where appropriate, the District may
contract with various public and/or private entities to undertake such functions.
1. Parks. The park improvements anticipated to be constructed within are
primarily "pocket parks" within development parcels and may consist of irrigated turf, hardscape,
walkways, shrubs, mulch beds, and other uses consistent with neighborhood parks. The park
improvements anticipated to be constructed outside the District will be public parks designed in
cooperation with Avon.
2. Street Landscapin2. The major streets are anticipated to have landscaping
along both sides and along any medians. This landscaping may consist of required fencing,
identification markers, shrub and flower beds, mulch beds, irrigated and non-irrigated turf and
native grasses, subdivision identification markers, trees, and other landscape features commonly
associated with streetscape design.
6
3. Cost Estimate. The estimated construction costs for the development of
the park and recreation improvements located within the District are shown on Exhibit F.
B. C;r?.
1. Overall Plan. Grading will consist of reshaping the road rights of way in
compliance with the approved overlot grading plan.
2. Cost Estimates. The estimated construction costs for grading the road
rights of way necessary for Mountain Vista are presented in Exhibit F.
C. Sanitary Sewer Cnllect;nn
1. Overall PI . The sanitary sewer collection system is expected to include
buried sewer mains, manholes and related appurtenances located predominately within the
District's boundary. All wastewater facilities will be conveyed to and operated and maintained
by Avon. The Town of Avon will charge system users for its services in accordance with the
Town of Avon policies. The exact configuration of the sanitary sewer collection system is
currently being designed.
2. Design Criteria. The proposed sanitary sewer collection system is
expected to include sewer mains designed to collect sewage from the development areas within
Mountain Vista. The sewer system components will be designed and installed in accordance
with the applicable standards of all entities with jurisdiction over the District, including the
Colorado Department of Health. A sanitary sewer system analysis will be prepared to determine
appropriate line sizes and slopes. The minimum line size of a sewer main is expected to be eight
(8) inches.
3. Wastewater Treatment. Wastewater will be collected and transported to
the Town of Avon treatment plant.
4. Cost Estimates. The estimated construction costs for development of the
sanitary sewer collection system for Mountain Vista are shown on Exhibit F.
D. Water System.
1. Overall Plan. The water system will consist of a water distribution system
consisting of buried water mains, fire hydrants, and related appurtenances located predominately
within the District's boundaries. The final configuration of the internal water system is yet to be
designed. When design and construction are finalized, the system will serve each development
tract from adjacent streets and roads. The District shall dedicate to the Town of Avon all utility
facilities traditionally owned and operated by the City for operations and maintenance.
7
2. Desi riluia. The proposed domestic potable water distribution system
is expected to include pressurized water mains with multiple pressure zones. Water system
components will be installed in accordance with the applicable standards of all entities with
jurisdiction over the District including the Town of Avon. The Drinking Water Design Criteria
of the Colorado Department of Health will also be followed where applicable. The water system
will also be designed based on the Town of Avon fire protection requirements.
The Town of Avon pump station will primarily control system pressure. Water
transmission mains will be installed from a direct connection to the Town of Avon's water
distribution system. Treated water will be delivered to the mains by high-pressure pump
stations.
3. Water Demand. The individual water system components will be sized
based upon the projected potable, irrigation and fire flow requirements of Mountain Vista.
4. Water Distrihnt;nn S, M. The Town of Avon will own the water
distribution system. The system is expected to include main distribution and transmission lines
and related appurtenances. At completion, the water distribution system will provide domestic
potable water to all platted lots within the District. The mains will provide for normal and peak
water demands of the project as well as the delivery of fire protection water.
5. Metering. Water users within the District will be metered. Billings for all
water service will be based on actual water use to the extent reasonably practicable. The billing
process will be the responsibility of the Town of Avon.
6. Cost Estimates. The estimated construction costs for the development of
the domestic water system for Mountain Vista are presented in Exhibit F.
E. Draining Improvements Street Improvement and Parking Facilities. After
conveyance by the developer of the street rights-of-way or appropriate easements to the District,
the District is expected to construct curbs, gutters, culverts, drainage ditches, sidewalks, box
culverts, tunnels, paving, lighting, landscaping and other road, street and drainage facility
improvements which the project will require, as well as necessary traffic and safety protection
devices and controls. The District is also expected to construct parking facilities.
1. Roadway Infrastructure. All public streets and streets dedicated by plat
within the District will be maintained by the Town of Avon. This will include all roadway
infrastructure as it is completed and accepted by the Town of Avon. With the exception of
private roads within the District, snow removal and other roadway maintenance on roads within
the District will be the Town of Avon's responsibility.
2. Drainage Fa_ c_ illities. The storm drainage facilities, exclusive of the water
quality pond will be owned, operated and maintained by the Town of Avon after dedication and
acceptance by the Town of Avon.
8
3. Parking Facilities. The parking facilities are expected to be owned by the
District, or a 63-20 corporation, and operated and maintained by the District, such corporation or
a third party contractually obligated to provide such services in accordance with the Amendment
to the Development Agreement and Colorado State law relative to public indebtedness. The
financing of the parking facility from rebates derived from the Town shall be deemed by the
District and the Town to be in the best interest, and serve the public purpose, of the Town.
4. Cost Estimates. The estimated construction costs for the development of
the drainage improvement, roadway system and parking facilities for the project are shown on
Exhibit F.
F. Description of Cost Estimates. The cost estimates for all improvements
summarized in Exhibit G are based on quantities taken from preliminary development plans and
preliminary utility and drainage plans. The unit prices, based on recent bids or contracts, were
multiplied by the individual quantities. The cost estimate subtotals were increased for
landscaping architecture and surveying, contingencies, and similar costs to arrive at the total cost
estimates.
G. Town of Avon Construction Standard . To the extent design and construction
responsibilities are within its control, the District shall ensure that any proposed improvements
set forth in this Section IV will be designed and constructed solely in accordance with the
standards and specifications set forth by the Town of Avon, if applicable and will obtain
approval of civil engineering plans and a permit for construction and installation of
improvements from the Town of Avon.
H. Ownership and Operation. The District shall dedicate or cause all of the public
water and wastewater improvements, all public streets and streets dedicated by plat, all public
drainage facilities, and all public sidewalks as well as all rights-of-way and easements necessary
for access to facilities to be conveyed to the Town of Avon upon completion of construction and
installation. Improvements including the park and recreation improvements, parking facilities,
all tract landscaping improvements, landscaping along major streets, entry features, drainage
tracts and pocket parks will be retained by the District for operations and maintenance. The
District may contract with homeowner associations or other private or nonprofit entities for
operation of the facilities. The District is expected to undertake all ownership, operations and
maintenance responsibilities for the improvements which are not conveyed to the Town of Avon,
and will do so either itself or by contract with homeowner associations or other private or
nonprofit entities as noted above. If the District elects to operate the facilities itself, revenue to
pay the expenses of operations may be obtained from fees legally imposed by the District or
other legally available revenues of the District. Whether the facilities are operated directly by the
District, or are operated by the associations or private nonprofit entities user fees may be
obtained by the District to offset the expenses. User fees for use of recreational facilities will be
different for residents of the District than for outside users. Approval of this Service Plan by the
Town of Avon constitutes the Town of Avon's agreement that the District may perform these
functions.
9
I. Services of District. The District will require operating funds to plan and cause
the facilities contemplated herein to be completed. Such costs are expected to include
reimbursement of organizational costs, legal, engineering, accounting, bond issuance costs and
compliance with state reporting and other administrative requirements. The first year's operating
budget is estimated to be $10,000. An overall financing plan showing the anticipated operating
costs, phasing of bond issues, and related matters is attached as Exhibit G.
V. FINANCIAL PLAN
A. General Plan of Finance.
It is presently anticipated that the District will enter into the Confluence IGA discussed in
Section I.A and IX respectively. Such agreement is expected to allocate the,District's financial,
construction and maintenance responsibilities with respect to the Regional Improvements and to
provide that such financial obligation of the District shall constitute "debt" of the District.
Additionally, mill levies certified under the IGA to make necessary payments to the Confluence
Metropolitan District will be for Regional Improvements characterized as debt service mill
levies. In addition, it is anticipated that certain funds will be made available to the District from
agreements with the Town of Avon in order to assist with the provision of parking and related
facilities. It is expected the parking fees generated by such parking facilities will also be used to
defray the cost of other improvements. The District anticipates borrowing its initial operating
funds from private entities until such time as it is able to generate operating revenues from the
District. The parking facility will be financed by bonds not expected to exceed $7,000,000 and
other non-regional improvements are to be financed by bonds not expected to exceed $5,000,000.
The Financing Plan identifies the proposed debt issuance and mill levy schedules of the
District and is provided for purposes of showing the financial operations of the District.
Pursuant to the Confluence IGA, funding for the District's share of the Regional Improvements
will be provided by the District's obligation to certify, levy and collect ad valorem taxes
generated by a limited mill levy and distribute the proceeds thereof to the Confluence
Metropolitan District. The Confluence Metropolitan District is to use such proceeds to secure its
bonds issued to construct the Regional Improvements. The District is also expected to issue
revenue bonds secured by revenues expected to be received from agreements with the Town, a
limited mill levy and parking fees in order to finance parking facilities. This mechanism will
help assure the transition of appropriate tax revenue to the payment of bonds issued to provide
services to the District. Other structures may also be used.
The District's new money general obligation bonded debt limitation ("debt limitation")
will be $16,000,000, exclusive of costs of issuance, organizational costs, inflation and other
similar costs. Increases in debt necessary to accomplish a refunding, reissuance or restructuring
of debt, and bonds payable from sources other than ad valorem taxes shall not count against the
debt limitation. Contractual general obligation debt under the IGA shall not compute against the
bonded general obligation debt limitation or restriction of the District. The debt limitation shall
10
not be increased unless approved by the Town of Avon and as permitted by statute and under the
provisions of this Service Plan.
Exhibit G shows how the proposed services and facilities may be financed and operated
by the District and identifies the proposed debt issuance schedule of the District. The initial
District limited tax obligations under the Confluence IGA are depicted in Exhibit G. The timing
of the District's obligations under the Confluence IGA and the issuance of bonds will be adjusted
from time to time to meet development requirements. All bonds and obligations will be issued
or incurred in compliance with applicable state law.
The Financing Plan demonstrates one method that might be used by the District to
finance the cost of infrastructure. At the time bonds are proposed to be issued, alternative
financing plans may be employed and be utilized by the District. Such alternative financing
plans shall be submitted to the Town of Avon in advance for administrative review regarding
overall consistency of the revised plan with this Service Plan. Any material economic deviation
of such proposed plans from the scope of this Service Plan may be deemed a material
modification hereof and may be subject to all applicable laws governing approval of material
modifications. The District shall be required to pay an administrative fee for reviews required in
case of material modifications. Due to the support expected to be received from the developer,
the Financing Plan demonstrates that the cost of infrastructure described herein can be provided
with reasonable mill levies assuming reasonable increases in assessed valuation and assuming the
rate of build-out estimated in the Financing Plan.
The total mill levy for the improvements and services proposed for the Districts is
expected initially to be approximately 45 mills. The actual mill levy will vary from this
depending on final costs, variations in the total assessed valuation within the Districts under the
current method of valuation, and the amount of revenue which may be generated from user fees.
The balance of the information contained in this section of this Service Plan is
preliminary in nature. All dollars are stated in 2000, uninflated dollars. Upon approval of this
Service Plan, the District will continue to develop and refine cost estimates contained herein and
prepare for bond issuances. All cost estimates will be inflated to then-current dollars at the time
of bond issuance and construction. Engineering and other contingencies, as well as capitalized
interest and other costs of financing will be added. All construction cost estimates assume
construction to applicable local, state or federal requirements.
The estimated costs of the facilities and improvements to be constructed and installed by
the District, including the costs of engineering services, legal services, administrative services,
initial proposed indebtedness, and other major expenses related to the facilities and
improvements to be constructed and installed, are set forth in Exhibits F and G of this Service
Plan. The estimated costs of the organization and initial operation of the District, including
legal, engineering, administrative and financial services, are expected to be $100,000.00. These
organizational costs will be reimbursed to the developer by the District out of its initial revenue
sources including bond issue proceeds. Other facilities and improvements may be constructed by
the District as long as they do not materially depart from the matters set forth herein.
11
B. Operatin ost?. In addition to showing the anticipated bond issues of the
District discussed in the preceding section, the Financing Plan includes the proposed operating
revenue derived from ad valorem property taxes for the first budget year and thereafter. Fees and
taxes currently being collected by the Town shall continued to be collected by the Town. Any
tax rebates upon which the financing plan relies will be the subject of written agreements with
the Town.
In addition to ad valorem property taxes, and in order to offset the expenses of the
anticipated construction as well as operations and maintenance, the District will also rely upon
various other revenue sources authorized by law and may form non-profit corporations to assist
with the issuance of bonds. Additional revenue sources will include the power to assess fees,
rates, tolls, penalties, charges as well as tax and other rebates or credits as provided in Section
32-1-1001(1), C.R.S., as amended from time to time. The Financing Plan assumes various
sources of revenue, including ad valorem property taxes, specific ownership taxes, facilities fees,
and user charges, together with interest earnings on retained amounts. It is anticipated that a
system of user charges will also be established for recreation improvements and other
improvements not owned and operated by the Town of Avon. The Town's tap fees shall continue
to be collected and used by the Town in its sole discretion.
The Financing Plan does not project any significant accumulation of fund balances which
might represent receipt of revenues in excess of expenditures under the TABOR Amendment. It
is anticipated that the operations of the District may qualify as an "enterprise" under the TABOR
Amendment. If its operations do not qualify as an enterprise under TABOR, revenues from all
sources which exceed the permitted level of expenditures in a given year, will be refunded to
taxpayers, unless a vote approving the retention of such revenues is obtained. To the extent
annual district revenues exceed expenditures in this manner, the District will comply with the
provisions of TABOR and either refund the excess or obtain voter approval to retain such
amounts. In the discretion of the Board of directors, the District may set up other qualifying
entities to manage, fund, construct and operate facilities, services, and programs. To the extent
allowed by law, any entity created by the District will remain under the control of its board of
directors.
The maximum voted interest rate on bonds will be 18%. The proposed maximum
underwriting discount will be 5%. It is estimated that the general obligation bonds, when issued,
will mature not more than twenty (20) years from date of issuance, with the first maturity being
not later than three (3) years from the date of its issuance, as required by statute.
VI. GENERAL MATTERS
A. Elections. Following approval of this Service Plan by the Town of Avon, and
after acceptance of the organizational petition and issuance of orders from the District Court, an
election on the question of organizing the District and approving bonded indebtedness and
various agreements described herein will be scheduled. All elections will be conducted as
provided in the Court orders, the Uniform Election Code of 1992 (as substantially amended by
12
House Bill 93-1255), and the TABOR Amendment, and are currently planned for May 2, 2000,
but may be held on any legally permitted date. The election questions are expected to include
whether to organize the District, election of initial directors, and TABOR Amendment ballot
issues and questions. Thus, the ballot may deal with the following topics (in several questions,
but not necessarily using the exact divisions shown here):
1. Whether to organize the District,
2. Membership and terms of the initial board members,
3. Approval of new taxes,
4. Approval of maximum operational mill levies,
5. Approval of bond and other indebtedness limits,
6. Approval of an initial property tax revenue limit,
7. Approval of an initial total revenue limit,
8. Approval of an initial fiscal year spending limit, and
9. Approval of a four-year delay in voting on ballot issues.
Ballot issues may be consolidated as approved in Court orders. The petitioners intend to
follow both the letter and the spirit of the Special District Act, the Uniform Election Code, and
the TABOR Amendment during organization of the District. Future elections to comply with the
TABOR Amendment are anticipated and may be held as determined by the elected board of
directors of the District.
Once organized, the District shall be subject to the following additional requirements:
1. Submission of annual reports as described in Section 32-1-207(3), C.R.S.,
in the form prescribed by the Town.
2. At the Town's option, the District shall be dissolved twenty-five years
from the date of organization on condition that all debt of the District has been retired and all
operations of the District have been assumed by other entities, or on condition that adequate
provision has been made for retirement of all outstanding debt of the District and all operations
of the District has been assumed by the Town or other entities, in either case such that the
District has no outstanding obligations of any kind such that it may be legally dissolved under
state law. Said dissolution shall, at the Town's option, occur prior to twenty-five years from the
District's date of organization if adequate provision has been made for payment of all debt and
for operations of all remaining facilities owned by the District.
VII. MODIFICATION OF SERVICE PLAN
Material modifications of this Service Plan, except as contemplated herein, shall be
subject to approval by the Town in accordance with the provisions of Section 32-1-207, C.R.S.
Said requirement of Town approval shall specifically include any attempted inclusion of land
into the boundaries of the District except as specifically set forth herein.
13
The District shall obtain the prior approval of the Town of Avon before making any
material modifications to this Service Plan as noted herein. Material modifications shall include
modifications of a basic or essential nature including any additions to the types of services
initially provided by the District, change in debt limit, change in revenue type, or change in
maximum mill levy. Failure to execute the Confluence IGA or authorize the mill levies
contemplated therein as described in Article II (A) herein is a material modification within the
meaning of this Article. The examples of material modifications listed above do not represent an
exclusive list of material modifications. Approval by the Town of Avon shall not be required for
mechanical modifications to this Service Plan necessary for the execution of the Financing Plan
for public improvements previously outlined herein. Specifically, Town approval shall not be
required for minor language changes, adjustments or revisions to the Service Plan or any of its
Exhibits that do not rise to the level of a material modification as defined herein.
VIII. RESOLUTION OF APPROVAL
The proposed District agrees to incorporate the Town of Avon's Resolution of Approval,
including any conditions on such approval, into the Service Plan presented to the appropriate
District Court. Such resolution shall be attached as Exhibit A.
IX. PROPOSED INTERGOVERNMENTAL AGREEMENT AND DEVELOPMENT
AGREEMENT
A. Intergovernmental Agreement. The District shall execute the Confluence IGA. In
accordance with Article II.A the District understands that one of its express purposes is executing
the Confluence IGA and authorizing the mill levies contemplated therein, the execution and
performance of which shall be a condition of approval of this Service Plan.
B. Other Agreements. To the extent practicable, the District may enter into
additional intergovernmental and private agreements when it is in the best interest of the District
to better ensure long-term provision of improvements, services and effective management.
Agreements may be executed with property owner associations and other service providers to
coordinate the provision of these essential public services.
X. CONCLUSION
It is submitted that this Service Plan for the District, as required by Section 32-1-203(2),
C.R.S., has established that:
(a) There is sufficient existing and projected need for organized service in the area to
be serviced by the District;
(b) The existing service in the area to be served by the District is inadequate for
present and projected needs;
14
(c) The District is capable of providing economical and sufficient service to the area
within its proposed boundaries,
(d) The area to be included in the District does have, and will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis;
(e) Adequate service is not, and will not be, available to the area through the Town of
Avon, or other existing municipal or quasi-municipal corporations, including existing special
District, within a reasonable time and on a comparable basis;
(f) The facility and service standards of the District are compatible with the facility
and service standards of the Town of Avon within which the District is to be located and each
municipality which is an interested party under Section 32-1-204(1), C.R.S.;
(g) The proposal is in substantial compliance with a comprehensive plan adopted
pursuant to Section 146-2196 of the Town of Avon Code;
(h) The proposal is in compliance with any duly adopted county, regional, or state
long-range water quality management plan for the area; and
(i) The creation of the District is in the best interests of the area proposed to be
served.
Therefore, it is requested that the Town of Avon City Council, which has jurisdiction to
approve this Service Plan by virtue of Section 32-1-201, C.R.S., et seq., as amended, adopt a
resolution which approves this Service Plan for the District as submitted.
Respectfully submitted,
WHITE AND ASSOCIATES
PROFESSIONAL CORPORATION
By: ?'w ww&"
Gary R. White, Attorney # 013522
Todd W. Wallace, Attorney #031477
Counsel to Petitioners
M V M D/S v c P l an F i n al tww 0 8 00021600
0544.0003
15
EXHIBIT A
Town Council Resolution of Approval
A RESOLUTION OF THE TOWN OF AVON,
EAGLE COUNTY, COLORADO, APPROVING
THE SERVICE PLAN FOR
MOUNTAIN VISTA METROPOLITAN DISTRICT
WHEREAS, pursuant to Sections 32-1-204.5 and 32-1-205, C.R.S., as amended, the
Service Plan for Mountain Vista Metropolitan District, a copy of which is attached hereto and
made a part hereof, has been submitted to the Town Council of the Town of Avon (the
"Council'); and
WHEREAS, notice of the hearing before the Town Council of the Town of Avon,
Colorado was duly published in the Eagle Valley Enterprise on February 16) 2000, as required
by law; and
WHEREAS, notice of the hearing before the Town Council of the Town of Avon,
Colorado was duly mailed by first class mail, on February _, 2000 to the owners of record of
all property within the proposed District as such owners of record are listed in the proposed
service plan and the Town Council; and
WHEREAS, pursuant to the provisions of Title 32, Article 1, C.R.S., as amended, the
Council held a public hearing on the Service Plan for Mountain Vista Metropolitan District on
February 22, 2000; and
WHEREAS, the Council has considered the Service Plan, and all other testimony and
evidence presented at the hearing; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
1. The hearings before the Council were extensive and complete; that all pertinent
facts, matters and issues were submitted; that all interested parties were heard or had the
opportunity to be heard; and, that evidence satisfactory to the Council of each of the following
was presented:
a. There is sufficient existing and projected need for organized
service in the area to be served by the proposed Special District.
b. Existing service in the area to be served by the proposed Special
District is inadequate for present and projected needs.
C. The proposed Special District is capable of providing economical
and sufficient service to the areas they intend to serve.
d. The areas to be included within the proposed Special District have
or will have the financial ability to discharge the proposed indebtedness on a
reasonable basis.
2. That the Town Council of the Town of Avon, Colorado, does hereby determine
that the requirements of Sections 32-1-202(2) and 32-1-203(2), C.R.S., relating to the filing of a
Service Plan for Mountain Vista Metropolitan District and the requirements of Sections 32-1-
204.5, C.R.S., relating to the hearing by the Council, have been fulfilled in a timely manner.
3. That the Town Council of the Town of Avon, Colorado, does hereby approve the
attached Service Plan for Mountain Vista Metropolitan District as presented to Council on
February 22, 2000, conditioned on the execution of the Amended Development Agreement for
Confluence and Tract C by March 31, 2000.
4. A certified copy of this Resolution shall be filed in the records of the Town and
submitted to the petitioners for the purpose of filing in the District Court of Eagle County.
5. That all resolutions or parts thereof in conflict with the provisions of this
Resolution shall be repealed.
Done this 22nd day of February 2000, at Avon, Colorado.
TOWN COUNCIL OF THE TOWN OF AVON,
EAGLE COUNTY, COLORADO
By:
Mayor
ATTEST:
Avon Town Clerk
M V M D\RESO\TW W 1555020200
0544.0003
2
EXHIBIT B
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 particularly
described as follows:
Beginning at the easternmost corner of Lot C, also being the northernmost corner of Lot
B; thence along the line common to Lots B and C, S52°41' 01 "W, 397.57 feet; thence departing
said common lot line, N65" 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 N59° 20'
02"E, 160.00 feet to a point on the westerly right-of-way of Beaver Creel: 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 S31 ° 2241"E, "E, 80.76 feet to the Point of Beginning.
Parcel contains 3.24 acres.
910p,0
IWISI- TRACT 0
BLACK 2
BENCHMARK AT BEAVER CRa
AMQ4OMENT NO. 4
SOCK 274. PACE 701
2272'
N65'58'08'w
...E1'-100'
'LTA= 08*34' -,6
= 80.3.3'
= 540.00'
= 40.49'
{0 = S31-22'11-E 80.76-
P. 0. S.
LOT B
LOT A
\ AVON CENTER AT SFAVQZ cq-c,-x
BOOK 309. PACE 600
ANO BOCK 331 PACE 235
EXHIBIT C
Town of Avon Vicinity Map
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Boundary Map
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EXHIBIT E
Statutory Contents of Service Plan
1. A description of the proposed services;
2. A financial plan showing how the proposed services are to be financed;
3. A preliminary engineering or architectural survey showing how the proposed
services are to be provided;
4. A map of the District's boundaries and an estimate of the population and
valuation for assessment of the District; ,
5. A general description of the facilities to be constructed and the standards of such
construction, including a statement of how the facility and service standards of District are
compatible with facility and service standards of Town of Avon and of municipalities and special
districts which are interested parties pursuant to Section 32-1-204(1), C.R.S.;
6. A general description of the estimated cost of acquiring land, engineering
services, legal services, administrative services, initial proposed indebtedness and estimated
proposed maximum interest rates and discounts, and other major expenses related to the
organization and initial operation of the District;
7. A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between District and such other political
subdivision;
8. Information satisfactory to establish that each of the following criteria as set forth
in Section 32-1-203, C.R.S., has been met:
(a) That there is sufficient existing and projected need for organized service in
the area to be serviced by the District;
(b) That the existing service in the area to be served by the District is
inadequate for the present and projected needs;
(c) That District is capable of providing economical and sufficient service to
the area within their proposed boundaries;
(d) That the area included in the District has, or will have, the financial ability
to discharge the proposed indebtedness on a reasonable basis;
(e) That adequate service is not, or will not be available to the area through
Town of Avon, other existing municipal or quasi-municipal corporations, including
existing special District, within a reasonable time and on a comparable basis;
(f) That the facility and service standards of the District are compatible with
the facility and service standards of Town of Avon within which the District is to be
located and each municipality which is an interested party under Section 32-1-204(1),
C.R.S.;
(g) The proposal is in substantial compliance with any master plan adopted
pursuant to Section 32-28-106, C.R.S.;
(h) That the proposal is in compliance with any duly adopted city, county,
regional, or state long-range water quality management plan for the area; and
(i) That the organization of the District will be in the best interests of the area
proposed to be served.
EXHIBIT F
Regional Improvements and Cost Estimates
REGIONAL IMPROVEMENTS
ENGINEER'S OPINION OF PROBABLE COSTS
FOR CERTAIN IMPROVEMENTS LOCATED IN OR ABOUT
THE CONFLUENCE PROPERTY
FEBRUARY 16, 2000
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
Traffic Control LS 1 $ 30,000.00 $ 30,000.00
Mobilization LS 1 $764,717.20
SUBTOTAL $ 794,717,20
Topsoil Remove and Stockpile CY 2000 S 1.80 $ 3,500.00
Topsoil Replace on Roadway Slopes CY 2000 $ 4.80 $ 9,600.00
Excavation CY 28000 S 2.30 $ 64,400.00
Embankment CY 25000 $ 1.50 $ 37,500.00
Export of Unsuitable Material CY 3000 $ 11.00 $ 33,000.00
Class 6 ABC (8") TN 7700 $ 14.00 $ 107,800.00
Asphalt (6") TN 4400 $ 36.00 $ 158,400.00
Curb and Gutter LF 4700 $ 14.00 $ 65,800.00
Street Patching LS 1 S 20,000.00 S 20.000.00
Sidewalk SF 11000 S 3.00 $ 33,000.00
Handicap Ramps EA 2 $ 800.00 $ 1,600.00
Bridge EA 1 $ 2,000,000.00 $ 2,000,000.00
AID Lanes in Hwy 6 (Already Complete) $ -
Ingress/Egress Avon Road Improvements LS 1 $ 300,000.00 S 300,000.00
SUBTOTAL $ 2,834,700.00
EROSION CONTROL
Silt Fence LF 2100 $ 4.00 $ 8,400.00
Stone Outlet Structure EA 4 $ 500.00 $ 2,000.00
Stabilized Construction Entrance EA 2 S 4,000.00 $ 8,000.00
SUBTOTAL $ 18,400.00
DRAINAGE
24" CMP LF 2937 $ 32.00 $ 93,984.00
Z4" End Sections EA 3 S 300.00 $ 900.00
Riprap Sy 150 S 15.00 $ 2,250.00
Curb Inlets EA 25 S 2,400.00 S 60,000.00
Construct Swales LS 1 $ 4,800.00 $ 4,800.00
Construct Sedimentation/Detention Ponds LS 1 $ 136,000.00 $ 136,000.00
SUBTOTAL $ 297,934.00
SEWER
8" DIP for Sewer LF 980 S 63.30 $ 62,034.00
4" PVC Services LF 500 $ 28,00 $ 14,000.00
Sewer Video LF 980 $ 2.00 S 1,960.00
Sewer Service Encasement LS 3 S 3,000.00 $ 9,000.00
Sewer Manhole EA 11 S 2,500.00 $ 27,500.00
Rock Excavation LS 1 S 18,000.00 $ 18,000.00
SUBTOTAL $ 132,494.00
WATER
12" DIP LF 1900 $ 42.00 $ 79,800.00
12" Gate Valves EA 8 S 1,000.00 $ 8,000.00
Water Service Lines LF 500 $ 24.00 S 12,000.00
Rock Excavation LS 1 S 7,500.00 S 7,500.00
Fire Hydrant Assembly EA 7 $ 3,750.00 $ 26,250.00
12x24 Wet Tap EA 2 S 3,351.94 $ 6,703.88
SUBTOTAL $ 140,253.88
SHALLOW UTILITIES
Joint Trench LF 2000 $ 20.00 $ 40,000.00
Gas LF 2000 $ 20.00 $ 40,000.00
Gas Services LF 450 $ 12.00 $ 5,400,00
Pedestals and Handholds EA 10 $ 300.00 $ 3,000.00
Relocation of Existing Utilities LS 1 S 3,000.00 $ 3,000.00
Splice Vault EA 12 $ 2,000.00 $ 24,000.00
3-Phase Transformer EA 15 S 12,500.00 S 187,500.00
Road Cuts LS 1 $ 10,000.00 $ 10,000.00
SUBTOTAL S 312,900.00
MISCELLANEOUS
Lot C Service Plan.xls2:21 PM02/16/2000
Irrigation LS 1 S 35,000.00 S 35,000.00
Pedestrian Path LF 2200 $ 18.00 $ 39,600.00
Pedestrian Railroad Crossing LS 1 5 500,000.00 $ 500,000.00
Pedestrian Crossing Over Avon Road LS 1 $ 250,000.00 $ 250,000.00
Parks and Recreation LS 1 S 5,800,000.00 5 5,800,000.00
SUBTOTAL $ 6,624,600.00
TOTAL S 11,155.999.8
10% Contingency S 1,115,599.91
TOTAL S 12,271,598.99
Revegetatlon is not included.
Topsoil assumed at 1.0' depth
This estimate does not include tap fees, engineering, construction management, platting, surveying,
construction staking, permitting, landscaping, offsite utility system upgrades, street signage, street
lights, geotechnical services, Improvement Location Certificates or easement acquisition
Due to the invert elevations of the adjacent existing sewer, it is assumed that future buildings will
require sewer pumps.
Lot C Service Plan.xls2:21 PM02/16/2000
ON-SITE IMPROVEMENTS FOR LOT C
ENGINEER'S OPINION OF PROBABLE COSTS
FEBRUARY 16, 2000
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
Mobilization LS 1 $ 51,901.78
SUBTOTAL $ 51,901.78
Topsoil Remove and Stockpile CY $ -
Excavation CY $ -
Embankment CY $ -
Export of Unsuitable Material CY $ -
Curb and Gutter LF 1600 $ 14.00 $ 22,400.00
Street Patching LS 1 $ 20,000.00 $ 20,000.00
Sidewalk SF 7000 $ 3.00 $ 21,000.00
Handicap Ramps EA 3 S 800.00 $ 2,400.00
SUBTOTAL $ 65,800.00
EROSION CONTROL
Sift Fence LF 1600 $ 4.00 $ 6,400.00
Stone Outlet Structure EA $
Stabilized Construction Entrance EA $
SUBTOTAL ; 6,400,00
DRAINAGE
24" CMP LF 1280 S 32.00 5 40,960.00
Riprap Sy 50 $ 15.00 $ 750.00
Curb Inlets EA 10 $ 2.400.00 $ 24,000.00
Detention Structure on Lot C EA 1 S 306,800.00 $ 306,800.00
SUBTOTAL $ 372,510.00
SEWER
8" DIP for Sewer LF 480 S 63.30 $ 30,384.00
4" PVC Services LF 100 $ 28.00 $ 2,800.00
Sewer Video LF 480 S 2,00 S 960.00
Sewer Service Encasement LS 1 $ 600.00 $ 600.00
Sewer Manhole EA 4 $ 2,500.00 $ 10,000.00
Rock Excavation LS 1 $ 25,000.00 $ 25,000.00
SUBTOTAL $ 69,744.00
WATER
8" DIP LF 700 $ 40.00 $ 28,000.00
Water Service Lines LF 100 S 24.00 $ 2,400.00
Rock Excavation LS 1 S 2,500.00 $ 2,500.00
Fire Hydrant Assembly EA 2 $ 3,750.00 $ 7,500.00
12x8 Wet Tap EA 1 S 2,800.00 S 2,800.00
SUBTOTAL $ 43,200.00
SHALLOW UTILITIES
Joint Trench LF 500 S 20.00 S 10,000.00
Gas LF 500 S 20.00 $ 10,000.00
Gas Services LF 150 $ 12.00 $ 1,800.00
Pedestals and Handholds EA 5 5 300.00 $ 1,500.00
Relocation of Existing Utilities LS 1 $ 20,000.00 $ 20,000.00
Splice Vault EA 4 $ 2,000.00 S 8,000.00
3-Phase Transformer EA 5 S 12,500.00 $ 62,500.00
Road Cuts LS 1 S 10,000.00 $ 10,000.00
SUBTOTAL $ 123,800.00
TOTAL $ 733,355.78
10% Contingency S 73,335.58
TOTAL S 806,691.36
Revegetation is not included.
Topsoil assumed at 1.0' depth
This estimate does not include tap fees, engineering, construction management, platting, surveying,
construction staking, permitting, landscaping, offsite utility system upgrades, street signage, street
lights, geotechnical services, Improvement Location Certificates or easement acquisition
Due to the invert elevations of the adjacent existing sewer, it is assumed that future buildings will
require sewer pumps.
Lot C Service Plan.xis2:22 PM02/16/2000
OFFSITE IMPROVEMENTS FOR LOT C
ENGINEER'S OPINION OF PROBABLE COSTS
FEBRUARY 16, 2000
ITEM DESCRIPTION uNrT QUANTITY UNIT PRICE TOTAL
Traffic Control LS 1 $ 20,000.00 S 20,000.00
Mobilization LS 1 S 3,504.76
SUBTOTAL $ 23,504.76
Topsoil Remove and Stockpile CY $ -
Excavation CY $ -
Embankment CY $ -
Export of Unsuitable Material CY $ -
Curb and Gutter LF $ -
Street Patching LS $ -
Sidewalk SF $ -
Handicap Ramps EA $ -
SUBTOTAL $ -
EROSION CONTROL
Silt Fence LF 600 S 4.00 $ 2,400.00
Stone Outlet Structure EA $ -
Stabilized Construction Entrance EA $ -
SUBTOTAL $ 2:400.00
DRAINAGE
24" CMP LF 783 $ 32.00 $ 25,056.00
Riprap SY $ -
Curb Inlets EA $
Detention Structure on Lot C LS $ -
Bore Under Railroad LS 1 $ 60,000.00 5 60,000.00
SUBTOTAL $ 85,056.00
SEWER
8" DIP for Sewer LF 40 5 63.30 $ 2,532.00
4" PVC Services LF 40 5 2.00 S 80.00
Sewer Video LF $ -
Sewer Service Encasement LS S
Sewer Manhole EA 5
Rock Excavation LS $ -
SUBTOTAL $ 2,612.00
WATER
8" DIP LF $ -
Water Service Lines LF $
Rock Excavation LS $ -
Fire Hydrant Assembly EA $
12x8 Wet Tap EA $
SUBTOTAL $
SHALLOW UTILITIES
Joint Trench LF $
Gas LF $
Gas Services LF $
Pedestals and Handholds EA $
Relocation of Existing Utilities LS $ -
Splice Vault EA $
3-Phase Transformer EA S -
Road Cuts LS $ -
SUBTOTAL $ -
TOTAL $ 113,572.76
10% Contingency 5 11,357.28
TOTAL $ 124,930.04
Revegetation is not included.
Topsoil assumed at 1.0' depth
This estimate does not include tap fees, engineering, construction management, platting, surveying,
construction staking, permitting, landscaping, offsite utility system upgrades, street signage, street
lights, geotechnical services, Improvement Location Certificates or easement acquisition
Due to the invert elevations of the adjacent existing sewer, it is assumed that future buildings will
require sewer pumps.
Lot C Service Plan.xis2:23 PM0211612000
EXHIBIT G
Financing Plan
Mountain Vista Metropolitan District
Forecasted Statement of Sources
and Uses of Cash
For the Years Ending
December 31, 1999 through 2021
CONTENTS
Accountants Compilation Report
Exhibits
Forecasted Sources and Uses of Cash
Schedules of Absorption, Market Values and Assessed Valuation
Schedules of Sales Tax, Lodging Tax, Real Estate Transfer Tax Rebates
and Parking Garage Fees III
Debt Service Schedule - Taxable Revenue Bonds
IV
Debt Service Schedule - Tax Exempt District Improvement Bonds V
Summary of Significant Assumptions and Accounting Policies
J.W. Simmons & Associates, P.C.
Certified Public Accountantc
Mountain Vista Metropolitan District
We have compiled the accompanying forecasted statement of sources and uses of cash of the Mountain Vista
Metropolitan District and the related forecasted schedules of debt service, absorption, market values, assessed
valuation, sales tax, lodging tax , real estate transfer tax rebates and parking garage fees (Exhibits I to IV) for the
years ending December 31, 1999 through 2024, in accordance with standards established by the American Institute
of Certified Public Accountants.
A compilation is limited to presenting in the form of a forecast information that is the representation of management
and does not include evaluation of the support for the assumptions underlying the forecast. We have not examined
the forecast and, accordingly, do not express an opinion or any other form of assurance on the accompanying
statements or assumptions. Furthermore, there will usually be differences between the forecasted and actual results,
because events and circumstances frequently do not occur as expected, and those differences may be material. We
have no responsibility to update this report for events and circumstances occurring after the date of this report.
February 16, 2000
5670 Greenwood Plaza Blvd. #505, Englewood, Colorado 80111-2409
Telephone (303) 689-0833 Fax (303) 689-0834
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Mountain Vista Metropolitan District
Schedules of Absorption, Market Values and Assessed Valuation I
For the Years ending 1999 throw 2006
Schedule of Absorption
Property description 1999 2000 2001 2002 2003 2004 2005 2006 2007 Total
(Tract C
Hotel(units) 125. 125
Residential time share (units) 501 35i 481 1331
Employee Housing 20 20
Commercial retail (square feet) 3,7501 17,800 ( 1,500;!
500 8,800 31,850
Schedule of Market Values
Market per
Unit nr SF 1000 )nnn onnm noon
--
Tract C
--
----
Hotel 100,000 0 0 0 1 0 ? 0 0 0 12,500,0001 12
500
000
Residential time share 385,000 0 0 19,250,000 0 13,475,000 0 18,480,000 0 ,
,
51,205
000
Employee Housing 100,000 2,000,000 ,
2
000
000
i Commercial retail 300 0 0 1,125,0001 0 5,340,000 0 450,000 2,640,000 ,
,
9,555,0001
Totals 0 0 22,375,000 0 18 815 000 0 18 930 000 1 15 140 0001 75 260 000
Schedule of Assessed Valuation
Assessment to
IU-6.1 Qe9,. 1000 onno inn, ..,..... .,...... ___. _--- _ _ -
Tract --- cuuo iotai
Hotel
Residential time share
Employee Housing
Commercial retail 29.00%
9.74%
9.74%
29.00% 0
0
0 O
0 0
1,874,950
T
194,800
326,250 0
0
0 0
1,312,465
1,548,600 0
0
0 0
1,799,952
130,500 3,625,000
0
765,600 3,625,000
4,987,367
194,800
2,770,950
-
Totals 0 0 2,39 6 000 0 2 861 065 0 1 930 452 4 390 ?0 0 11 578117
Cunwlative 0 01 2 396 000 396 000 5 257 065 5 257 065 7 187 517 11 578 117 11 578117
Collection Yr 2001 2002 2003 2004 2005 2006 2007 2008 2009
Assessment to Market Ratios
Commercial 29.00%
Residential 9.74%
Inflation Rate 0.00%
0211612000 AVON_C1.WK4 PRELIMINARY DRAFT..... SUBJECT TO CHANGE Exhibit 11
j Schedules of Sales Tax, Lodging Tax, Real Estate Transfer Tax Rebates and Parking Garage Fees
For the Years ending 1999 through 2022
Schedule of Saks and Lodging Tax Rebates
Annually
1999 9nnn 9nn1 inn,) 'fnni )nnx vnnr innc
1
TractC - Hotel Lodging
Tract C - Hotel Mini vacations
81,675
14,625
163,350 163,3501
29,2501 29,250
0 0 0 0 : 0 0 0. 96,300, 192 6001 192 6001
Assumptions 1 Hotels Mini Vac
Average daily rate $99.00 $65.00
Occupancy Days per Year 220 60
Sales Tax Rate 4.00% 4.00%
Lodging Tax Rate 1 4.00% 4.00%
Percentage of Rebate to District 75.00% 75.00%
Schedule of Real Estate Transfer Tax Rebates
1999 2000 2001 2002 2003 2004 2005 2006 2007 Total
Units built 2001 250,000 250,000 125,000 625,1
Units built 2003 175,000 175,000 87,500 437,!
Units built 2005 180,000 180,000 77,500 431,!
Tract C • residential time share 0 0 250,000 250,000 300,000 175,000 267,500 _ 180,000 77,500 1.500.1
Note: Real estate transfer tax rebates collected prior to the completion of the parking garage, are retained in escrow. The forecast assumes the escrow wlll be released to the District in 2005
Schedule of Parkin Garage Fees
Annually
1999 1000 2001 2002 2003 2004 2005 2006 2007 Thereafter
Cummulative Toe Share Units 30 60 96 117 156 185 200 200
Currmrdative Hotel nights 13,750 27-500 27 500
Cummulative Retail Parking spaces 6.5 13.0 40.5 68.0 71.0 81.5 89.0 89.0
Time Share Parking Fees @ $50 per year (50 weeks par year) 15,000 45,000 117,000 213,000 341,250 426,250 481,250 500,000
Hotel Parking Fees • $8.50 per hotel night 0 0 0 0 0 116,875 233,750 233,750
Retail Parking Usage Fees 3100 per month per space 7,800 15,600 48,600 81,600 85,200 97,800 106.800 106.800
0211612000 AVON CI VK4 PRELIMINARY DRAFT..... SUBJECT TO CHANGE Exhibit III
Mountain Vista Metropolitan District
Debt Service Schedule - Taxable Revenue Bonds
For the Years ended 2000 through 2022
Total Annual
Principal Coupon Interest Pavment Pavment Balance
2000 01
2001 0 0 ' j 0
2001
2 I 0 0 0 ', 0
200 0 0 1 0
2002 O i 0!
2003 0 ' 0 ? O
2003 0 0 ? O
i l 0
2004 0 O 0
2004 0 0 o il 0!
2005 0 0 0
I 2005 0 0 D ? 0
2006 0 0 p
2006 0 0 0 0 ' 5,800,0001
2007 174,000 174,000 5,800,000
2007 0; 6.00% 174,000 174,000 348,000 5,800,000
2008 174,000 174,000 ': 5,800,000
2008 0 6.00% 174,000 174,000 348,000 5,800,000
2009 174,000 174,000 5,800,000
2009 300,000 6.00% 174,000 474,000 648,000 5,500,000
2010 165,000 165,000 5,500,000
2010 320,000! 6.00% 137,500 457,500 622,500 5,180,000
2011 129,500 129,500 5,180,000
2011 340,0001 6.00% 129,500 469,500 599,000 040,000
2012 121,000 121,000 4,840,000
2012 360,000 6.00% 121,000 481,000 602,000 4,480,000
2013 112,000 112,000 4,480,000
2013 380,000 6.00% 112,000 492,000 604,000 4,100,000
2014 102,500 102,500, 4,100,000
2014 405,000 6.00% 102,500 507,500 610,000 3,695,000
i 2015 92,375 92,375 3,695,000
2015 425,000 6.00% 92,375 517,375 609,750 3,270,000
2016 81,750 81,750 3,270,000
2016 455,000, 6.00% 81,750 536,750 618,500 2,815,000
2017 70,375 70,375 2,815,000
2017 480,000 6.00% 70,375 550,375 620,750 2,335,000
2018 58,375 58,3751 2,335,000
2018 510,000 6.00% 58,375 568,375 626,750 1,825,000
2019 45,625 45,625 1,825,000
2019 540,000 6.00% 45,625 585,625 631,250 1,285,000
20201 32,125 32,125; 1,285,000
2020 570,0001 6.00% ( 32,125 602,125 634,250 715,000
2021 17,875 17,875 715,000
2021 715,000; 6.00% 17,875 732,875 750,750 0
2022 0? 0 j 0
2022 6.00% 0 0 1 01 0
2023 0 0? 0
2023 6.00% 01 0; 0
5,800,0001 1 3 073 500 8,873,5001 8,8 73500,
02116/2000 AVON_C1.WK4 PRELIMINARY DRAFT..... SUBJECT TO CHANGE Exhibit IV
Mountain Vista Metropolitan District
Debt Service Schedule . District Improvement Revenue Bonds
For the Years ended 2002 through 202
Total Annual
Principal Coupon Interest Pavment Pavment Ralanre
2002 r
2003 0 0
2003 [ 0 1 0 0
2004 0 1 0
2004 0 ` 0 0 4,200,000
2005 105,000 105,000 4,200,000
2005 105,000 105,000 210,000 4,200,000
2006 105,000 105,000 4,200,000
2006 105,000 105,000 210,000 4,200,000
2007 105,000 105,000 4,200,000
2007 145,000 5.00% 105,000 250,000 355,000 4,055,000
2008 101,375 101,375 4,055,000
2008 105,000 5.00% 101,375 206,375 307,750 3,950,000
2009 98,750 98,750 3,950,000
2009 120,000 5.00% 98,750 218,750 317,500 3,830,000
2010 95,750 95,750 3,830,000
2010 120,000 5.00% 95,750 215,750 311,500 3,710,000
2011 92,750 92,750 3,710,000
2011 120,000 5.00% 92,750 212,750 305,500 3,590,000
2012 89,750 89,750 3,590,000
2012 140,000 5.00% 89,750 229,750 319,500 3,450,000
2013 86,250 86,250 3,450,000
2013 140,000 5.00% 86,250 226,250 312,500 3,310,000
2014 82,750 82,750 3,310,000
2014 150,000 5.00% 82,750 232,750 315,500 3,160,000
2015 79,000 79,000 3,160,000
2015 150,000 5.00% 79,000 229,000 308,000 3,010,000
2016 75,250 75,250 3,010,000
2016 170,000 5.00% 75,250 245,250 320,500 2,840,000
2017 71,000 71,000 2,840,000
2017 190,000 5.00% 71,000 261,000 332,000 2,650,000
2018 66,250 66,250 2,650,000
2018 200,000 5.00% 66,250 266,250 332,500 2,450,000
2019 61,250 61,250 2,450,000
2019 200,000 5.00% 61,250 261,250 322,500 2,250,000
2020 56,250 56,250 2,250,000
2020 200,000 5.00% 56,250 256,250 312,500 2,050,000
2021 51,250 51,250 2,050,000
2021 200,000 5.00% 51,250 251,250 302,500 1,850,000
2022 46,250 46,250 1,850,000
2022 600,000 5.00% 46,250 646,250 692,500 1,250,000
2023 31,250 31,250 1,250,000
j 2023 650,000 5.00% 31,250 681,250 712,500 600,000
j 2024 15,000 15,000 600,000
2024 600,000 5.00% 51,250 651,250 702,500 0
420
0 000
3,066,500[
7,266 500
7,302,750
0211612000 AVON_C1.WK4 PRELIMINARY DRAFT..... SUBJECT TO CHANGE Exhibit V
Mountain Vista Metropolitan District
Summary of Significant Assumptions and Accounting Policies
December 31, 1999 through 2024
The foregoing forecast presents, to the best of the Petitioner's knowledge and belief, the expected cash receipts and
disbursements for the forecast period. Accordingly, the forecast reflects its judgment as of February 16, 2000. The
assumptions disclosed herein are those that management believes are sufficient to the forecast. There will usually
be differences between the forecasted and actual results because events and circumstances frequently do not occur
as expected, and those differences may be material.
The purpose of this forecast is to show the amount of funds available for the future construction of a parking garage
within the District by the issuance of taxable revenue bonds and a developer contribution, and the anticipated funds
available for repayment of the above bonds and the issuance of tax exempt bonds to pay for certain District
improvements. The operating component of the District reflects the forecasted net revenues available for the
construction of regional improvements and a conference center paid by the Avon I Confluence Metropolitan Districts.
Note 1: Ad Valorem Taxes
Residential property is currently assessed at 9.74% of fair market values. The forecast assumes the
assessment ratio will approximate 9.74% for assessment year 1999 and thereafter. Market values for
residential property are expected to average $385,000 per residential time share unit equivalent and
$100,000 per employee housing unit.
Commercial property is assessed at 29% of fair market values. Commercial property is forecasted to have
a market value of $300 per square foot.
Hotels are assumed to be assessed as commercial property and are forecasted to have a market value of
$100,000 per room.
Currently property is re-assessed every other year. Existing residential and commercial property is assumed
not to inflate in value.
Property is assumed to be assessed annually as of January 1st. All property is assumed to be assessed on
the next January 1" after completion of construction. The forecast recognizes the related property taxes
as revenue in the subsequent year.
Exhibit II details the forecasted absorption, market vales and assessed values of the various property types.
The County Treasurer currently charges a 3.0% fee for the collection of property taxes. These charges are
reflected in the accompanying forecast as Treasurers fees.
The forecast assumes that Specific Ownership Taxes collected on motor vehicle registrations will be 5% of
property taxes collected.
Mountain Vista Metropolitan District
Summary of Significant Assumptions and Accounting Policies
December 31, 1999 through 2024
Note 1: Ad Valorem Taxes (continued)
The mill levy imposed by the District is proposed to be 45.000 mills of which 25.000 mills is to cover the
operating expenses and a portion of the debt service on the Avon I Confluence District improvements .
20.000 mills is to be used for the repayment of a portion of the debt related to the construction of a
conference center by the Avon I Confluence Metropolitan Districts. The District may impose an additional
5.000 mills to cover additional operating costs, however the additional 5.000 mills are not reflected in this
forecast.
Note 2: Sales, Lodging and Real Estate Transfer Tax Rebates
The forecast assumes that the Districts will collect a 75% rebate from the Town on the sales and lodging
taxes generated from the occupancy in the hotels constructed in the Districts for a period of 15 years. In
addition, 50% of the real estate transfer tax collected on the sale of the 200 residential time share units.
The 200 units equates to 133 double units for purposes of calculating assessed values and real estate
transfer tax rebates. The real estate transfer tax rebate is limited to $1,500,000. Exhibit III details the
calculation of the rebates to the Districts. The rebates will be held in escrow until 2005, the forecasted
completion of the parking garage. The sales, lodging and real estate transfer tax rebates may only be used
to retire the parking garage bonds.
Note 3: Parking Garage Fees and Expenses
The District is forecasted to collect parking garage fees of $50 per year per time share week from the time
share owners (based on an ownership of 50 weeks), $8.50 per night per occupied hotel room and a fee of
$100 per month on 89 parking spaces from retail owners. These fees are estimated to maximize at
$840,550 in 2008. The forecast estimates that operating and maintenance expenses for the garage will be
$150,000 per year upon completion of all phases of the garage in 2005. Prior to 2005 these expenses are
expected to increase from $22,800 in 2001 to $100,000 in 2004. The parking garage fees are allocated
to both the retirement of the parking garage taxable revenue bonds and the district improvement bonds.
Note 4: Bond Assumptions
The District proposes the issuance of taxable revenue bonds totaling $5,800,000 in 2006 to fund the
repayment of the developer advances for the construction of the parking garage. The bonds are anticipated
to have a maturity of 15 years from date of issue (which coincides with the termination of the sales and
lodging tax rebates) and a coupon rate of 6.00% per annum which includes a letter of credit fee of 1 %. The
bonds are secured by the sales, lodging, real estate transfer tax rebates and parking garage fees discussed
above in Notes 2 and 3 and a letter of credit. Any deficiencies in the in the above rebates will be funded
by a contribution from the developer. Exhibit IV reflects the proposed repayment schedule of these bonds.
Mountain Vista Metropolitan District
Summary of Significant Assumptions and Accounting Policies
December 31, 1999 through 202T
Note 4: Bond Assumptions (continued)
The District proposes the issuance of tax exempt bonds totaling $4,200,000 in 2004 to fund the repayment
of the developer advances for district improvements and forecasted construction in 2004 and 2005. The
bonds are anticipated to have a maturity of 20 years from date of issue and and a coupon rate of 5.00% per
annum which includes a letter of credit fee of 1 %. The bonds are secured by a portion of the parking garage
fees discussed above in Notes 2 and 3 and a letter of credit. Any deficiencies in the in the above rebates
will be funded by a contribution from the developer. Exhibit V reflects the proposed repayment schedule of
these bonds
Note 5: Operating Expenses
Operating expenses are legal, accounting, audit, and insurance costs. These costs are estimated to be
$25,000 per year. No provision has been provided for inflation.
Note 6: Developer Advances
The developer of the district is expected to advance funds totaling $10,802,537 to fund the parking garage
in 2000, 2004 and 2005. In 2006, upon the issuance of the taxable revenue bonds and the release of the
real estate transfer tax rebate escrow, it is expected that 66% of the developer advance will be repaid by
the District.
The developer is expected to advance funds totaling $2,400,880 to fund district improvements in 2000 and
2002. In 2004 upon the issuance of the tax exempt improvement bonds, it is expected that the developer
advance will repaid.
The developer is also expected to advance funds totaling $75,000 to cover operating expenses from 2000
through 2002. It is forecasted that these advances will be repaid commencing in 2003.
EXHIBIT H
Form of Confluence Intergovernmental Agreement
01cll1 Z. 10 UV l l:F/: 43/N0. 4200000410 P 2
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into as
of . .. .___, 2000) by and among CONFLUENCE METROPOLITAN DISTRICT, Eagle
County, Colorado (the "Confluence District"), a quasi-municipal corporation and a political
subdivision of the State of Colorado (the "State'), and MOUNTAIN VISTA METROPOLITAN
DISTRICT, Eagle County, Colorado (the "Mountain Vista District'), a quasi-municipal
corporation and a political subdivision of the State. This Agreement is acknowledged by AVON
STATION METROPOLITAN DISTRICT, Eagle County, Colorado (the "Avon Station
District"), a quasi-municipal corporation and apolitical subdivision of the State.
RECITALS
WHEREAS, the Confluence District, the Avon Station District and the Mountain Vista
District (collectively, the "Districts' have been duly and regularly organized and are existing as
metropolitan districts under and pursuant to the Constitution and the laws of the State; and
WHEREAS, the Confluence District is located within the boundaries of the Town of
Avon, Colorado (the "Town") and Eagle County, Colorado (the "County') on property more
particularly described in the legal description and map attached hereto as Exhibit A; and
WHEREAS, the Mountain Vista District is located within the boundaries of the Town
and the County on property more particularly described in the legal description and map attached
hereto as Exhibit B; and
WH E;REAS, the Avon Station District is located within the boundaries of the Town and
the County on property more particularly described in the legal description and map attached
hereto as Exhibit C; and
WHEREAS, the Districts are required by either the Town or the County to finance and
construct certain regional improvements (the "Regional Improvements"); and
WHEREAS, the Regional Improvements consist of the items contained in Exhibit D
attached hereto including (a) an approximately 15,000 square foot conference center (the
"Conference Center"), (b) a pedestrian railroad overpass (the "Pedestrian Overpass"), (c) an "at
grade" railroad crossing (the "Railroad Crossing"), (d) a pedestrian bridge over the Eagle River
(the "Bridge") and (e) the Avon Town Center Mall established by Town Ordinance 81-11 (the
"Mall"); and
WHEREAS, the Districts are authorized by the provisions of part 2 of article 1 of title 29.
Colorado Revised Statutes, as amended and article XIV, section 18(2)(x) of the State
Constitution, as amended, to cooperate and to contract with one another to provide functions,
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services and facilities lawfully authorized to each of them including the sharing of costs, the
imposition of taxes and the incurring of debt; and
WHEREAS, pursuant to each District's service plan approved by the Town and filed with
the District Court in the County, it is contemplated that the Confluence District will (a) manage
the construction and operation of facilities and improvements including the Regional
Improvements; and (b) finance the associated costs through the incurrence of debt secured by
property taxes and by revenues generated by intergovernmental agreements with the Town and
the other Districts;
WHEREAS, at a special election held in the Confluence District on November 3, 1998,
there were submitted to the qualified electors of the Confluence District ballot questions (the
"Confluence Ballot Questions") concerning authorization of indebtedness to pay the costs of
constructing, operating and maintaining certain street, park and recreation facilities; and
WHEREAS, a majority of said electors voting at said election voted affirmatively on the
Confluence Ballot Questions and approved the contracting of said indebtedness; and
WHEREAS, at a special election held in the Avon Station District on November 3, 1998,
there were submitted to the qualified electors of the Avon Station District ballot questions (the
"Avon Station Ballot Questions") concerning authorization of indebtedness by the issuance of
bonds or by contract to pay the costs of constructing certain street, park and recreation facilities
and other improvements; and
WHEREAS, a majority of said electors voting at said election voted affirmatively on the
Avon Station Ballot Questions and approved the contracting of said indebtedness; and
WHEREAS, pursuant to its service plan and its electoral authorization the Avon Station
District has agreed to issue bonds and/or certify trill levies to pay the costs of improvements
consisting, in part, of the Regional Improvements pursuant to a District Facilities Construction
and Service Agreement dated as of _, 2000 (the "Avon Station Agreeinent") between
the Confluence District and the Avon Station District; and
WHEREAS, at a special election held in the Mountain Vista District on May 2, 2000
there were submitted to the qualified electors of the Mountain Vista District ballot questions (the
"Mountain Vista Ballot Questions") concerning authorization of indebtedness by the issuance of
bonds or by contract to pay the costs of constructing certain street, park and recreation facilities
and other improvements; and
WHEREAS, a majority of said electors voting at said election voted affirmatively on the
Mountain Vista Ballot Questions and approved the contracting of said indebtedness; and
WHEREAS, the real property within the Mountain Vista District was previously located
within the boundaries of the Avon Station District; and
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WHEREAS, Vail Associates Investments, Inc. ("VAI', the prior owner of the property
which now comprises the Mountain Vista District petitioned the Avon Station District for
exclusion of its property, subject to the terms of an Exclusion Agreement dated as of
_, 2000 (the "Exclusion Agreement') between the Avon Station District and VAI;
and
WHEREAS, the Exclusion Agreement requires VAI or its assign to use its best efforts to
cause the Mountain Vista District to execute this Agreement; and
WHEREAS, pursuant to its service plan, the Exclusion Agreement and its electoral
authorization the Mountain Vista District desires to enter into this Agreement to allocate the
District's financial, construction and maintenance responsibilities with respect to the Regional
Improvements.
NOW, THEREFORE, in consideration of the obligations and undertakings set forth
below, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Districts agree as follows:
ARTICLE 1
ALLOCATION OF CONSTRUCTION RESPONSIBII.ITIES
1.1 Construction of Regional Improvements. The Confluence District shall
construct or cause to be constructed all Regional Improvements to the extent required by
the Development Agreement dated as of October 27, 1998 (the "Development
Agreement") by and between VAI, the Town and Avon Commercial Center Ltd., attached
hereto as Exhibit E. Subject to the phasing requirements provided in the Development
Agreement, the Confluence District shall commence or cause to be commenced
construction of the Regional Improvements at such times as it deems advisable in its
reasonable discretion. Notwithstanding the foregoing, the Mountain Vista District may
elect to construct those Regional Improvements listed as "Local Infrastructure" in
Exhibit D hereto at such time as it deems advisable in its reasonable discretion.
1.2 Notice of Construction. The Confluence District shall provide written notice
to the Mountain Vista District no less than 30 days prior to committing any funds payable
under this Agreement towards the costs of construction of any Regional Improvements.
Such notice shall contain the following information: (a) identification of Regional
Improvement or the portion thereof to be constructed, (b) estimated temporary, to the
extent applicable, and permanent financing sources, and (c) estimated total amount to be
financed or supported by payments under this Agreement.
1.3 Construction Status Reports. Once construction of a Regional Improvement
project commences and until certification of completion of said project, the Confluence
District shall provide written construction status reports to the Mountain Vista District
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upon request (but not within 30 days of the most recently distributed report). The
construction status reports shall provide an outline of costs incurred to date, estimated
remaining costs and the estimated remaining schedule until certification of completion.
ARTICLE 2
ALLOCATION OF FINANCIAL RESPONSIBILITIES
2.1 Financing of Regional Improvements. The Confluence District shall
coordinate the financing of the Regional Improvements (including those Regional
Improvements initially constructed and/or financed by the Mountain Vista District)
through payments from the Avon Station District under the Avon Station Agreement and
Mountain Vista District under this Agreement or from any other available sources.
2.2 Notice of Annual Debt Service and Lew. During each year principal or
interest is due pursuant to any financing of a Regional Improvement under this
Agreement, the Confluence District shall provide a written notice to the Avon Station
District and the Mountain Vista District no later than November 15 in the calendar year
preceding the date or dates on which such principal or interest payments are due. Such
notice shall contain the following information: (a) the amount of principal and interest
due in the following calendar year, and (b) subject to Section 2.4 below, the Confluence
District's estimate of the uniform rate of levy for ad valorem taxes required to be fixed
and certified by both the Avon Station District and the Mountain Vista District in order to
provide revenues sufficient to pay principal and interest in the following calendar year.
2.3 Covenant to Lew Ad Valorem Taxes. Subject to Section 2.4 hereof, for the
purpose of paying the principal of and interest on indebtedness incurred to pay the costs
of constructing Regional Improvements as said principal and interest became due and
payable and to pay its obligations hereunder, the board of directors of the Mountain Vista
District shall annually fix and certify the same mill levy as is required to be imposed by
(lit Avon Station Agrccnicnt for Regional Improvements, such levy to be a uniform rate
of levy for ad valorem taxes to the Board of County Commissioners of the County, which
when levied on all of the taxable property in both the Avon Station District and the
Mountain Vista District will collectively raise ad valorem tax revenues sufficient,
together with other legally available funds, to meet promptly such principal and interest
payments and Mountain Vista District's obligations under Section 3.3 hereof
2.4 Limited Obligations. Notwithstanding the foregoing, the Mountain Vista
District shall not be obligated annually to (a) fix and certify a rate of levy for ad valorem
taxes in excess of 25 nulls to pay the aggregate principal and interest due and payable for
indebtedness or other obligations hereunder incurred in connection with the COI1StruCtiol),
operation and maintenance of all Regional Improvements with the exception of the
Conference Center or (b) certify a levy for ad valorem taxes in excess of 20 mills to pay
the aggregate principal and interest due and payable for indebtedness or other obligations
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hereunder incurred in connection with the construction, operation and maintenance of the
Conference Center. Notwithstanding the foregoing, the mill levy limitations expressed
herein shall be automatically adjusted to the extent of any change with respect to the
assessment of property for taxation purposes as a result of any legislative, constitutional,
administrative or judicial change in the method of, or percentage used in the calculation
of, such assessed valuation so that the property taxes paid by the owner of property
subject to such mill levies neither increases or decreases as a result of such changes in the
method of or calculation of assessed valuation.
2.5 Effectuation of Pledge of Security Current Appropriation. The sums herein
required to pay the amounts due hereunder are hereby appropriated for that purpose, and
said amounts for each year shall be included in the annual budget and the appropriation
resolution or measures to be adopted or passed by the board of the Mountain Vista
District in each year while any of the obligations herein authorized are outstanding and
unpaid. No provisions of any constitution, statute, resolution or other order or measure
enacted after the execution of this Agreement shall in any manner be construed as
limiting or impairing the obligation of the Mountain Vista District to levy ad valorem
property taxes, or as limiting or impairing the obligation of the Mountain Vista District to
levy, administer, enforce and collect the ad valorem property taxes as provided herein for
the payment of the obligations hereunder.
It shall be the duty of the Mountain Vista District annually at the time and in the
manner provided by law for the levying of the Mountain Vista District's taxes, if such
action shall be necessary to effectuate the provisions of this Agreement, to ratify and
carry out. the provisions hereof with reference to the levy and collection of the ad valorem
property taxes herein specified, and to require the officers of the Mountain Vista District
to cause the appropriate officials of the County to levy, extend and collect said taxes in
the manner provided by law for the purpose of providing fiords for the payment of the
amounts to be paid hereunder promptly as the same, respectively, become due. Said tax,
when collected, shall be applied only to the payment of the amounts to be paid hereunder.
2.6 Limited Defenses- Specific Performance. It is understood and agreed by the
Mountain Vista District that its obligations hereunder are absolute, irrevocable, and
unconditional except as specifically stated herein, and so long as any obligation of the
Mountain Vista District hereunder remains unfulfilled, the Mountain Vista District agrees
that notwithstanding any fact, circumstance, dispute, or any other matter, it will not assert
any rights of setoff', counterclaim, estoppel, or other defenses to their payment
obligations, or take or fail to take any action which would delay a payment to the
Confluence District or impair the Confluence District's ability to receive payments due
hereunder. The Mountain Vista District acknowledges that the Confluence District may
issue bonds or notes in order to enable the Confluence District to fulfill its obligations
hereunder and in so doing, the Confluence District will rely upon performance of both the
Avon Station District and the Mountain Vista District of their payment obligations under
the Avon Station Agreement and hereunder to produce revenue for the Confluence
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District, sufficient to enable the Confluence District to pay its bonds. Furthermore, the
Mountain Vista District acknowledges that the Confluence District may obtain financial
commitments and security for its bonds from additional entities who shall be entitled to
rely on the payment obligations of the Avon Station District and the Mountain Vista
District contained under the Avon Station Agreement and hereunder with respect to
obligations that the Confluence District makes in connect lion with such security.
Accordingly, it is acknowledged by the Districts that the purpose of this Section 2.6 is to
ensure that the Confluence District receives all payments due herein in a timely mariner in
order to enable the Confluence District to pay debt service on its bonds for the benefit of
bondholders and such additional entities. Notwithstanding that the bondholders are not in
any manger third party beneficiaries of this Agreement and do not have any rights in or
rights to enforce, or consent to amendments of, this Agreement, the Mountain Vista
District acknowledges and agrees that unless payments are made to the!Confluence
District during the pendency of any litigation which may arise hereunder in connection
with alleged defenses other than those specifically set forth in this Section 2.6, all
payments shall be made by the Mountain Vista District for the purpose of enabling the
Confluence District to make payments on its bonds until such claims have been
adjudicated. Notwithstanding that this Agreement specifically prohibits and limits
defenses and claims of the Mountain Vista District, in the event the Mountain Vista
District believes that it has valid defenses, setoffs, counterclaims, or other claims other
than specifically permitted by this Section 2.6, it shall, nevertheless, make all payments to
the Confluence District as described herein and then may attempt or seek to recover such
payrncnts by actions at law or in equity for damages or specific performance,
respectively.
in addition, and without limiting the generality of the foregoing, the obligations of
the Mountain Vista District to transfer funds to the Confluence District for each payment
described herein shall survive any court determination of the invalidity of this Agreement
as a result of a failure, or alleged failure, of any of the directors of the Districts to
properly disclose, pursuant to State law, any potential conflicts of interest related hereto
in any way, provided that such disclosure is made on the record of the Mountain Vista
[district meetings as set forth in its official minutes.
2.7 Limitation of Authorization. The Mountain Vista District recognizes that
certain obligations imposed upon the Mountain Vista District by this Article 2 constitute
"debt" (as defined in the Constitution of the State). By approval of the Mountain Vista
Ballot Questions, the electorate of the Mountain Vista District authorized the incurring of
indebtedness by the Mountain Vista District in an amount sufficient to fund the various
obligations imposed by this Agreement, and also approved entry into this Agreement by
the Mountain Vista District. In no event shall any commitment, covenant, promise, or
other obligation under this Agreement require the issuance or incurring of indebtedness
by the Mountain Vista District in excess of its respective voted indebtedness
authorization.
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2.8 Appropriation of Revenues. The Mountain Vista District shall budget,
appropriate and transfer to the Confluence District sufficient funds each year as required
to fully pay its obligations hereunder.
2.9 Future Exclusion of PP em. Neither the Avon Station District nor the
Mountain Vista District shall consent to the exclusion of any real property from within
their boundaries unless the property owners of such proposed excluded property covenant
to assume all responsibilities under this Agreement and such covenants run with the land
and arc in a form satisfactory to all parties to this Agreement.
ARTICLE 3
OPERATION AND MAINTENANCE
3.1 eration and Maintenance Expenses. To the extent Regional Improvements
are not duiicated to the Town and the Town assumes all operational and maintenance
responsibilities therefor, the Confluence District agrees to own, operate and maintain the
Regional Improvements and in addition agrees to supply management and administrative
services and other services permitted by law, in accordance with the Confluence District
service plan.
3.2 Bud eted O erational d Maintenance E e es. The Confluence District
shall budget the costs related to operation and maintenance of the Regional hriprovements
and shall provide written notice to the Mountain Vista District by November 15 of each
year the uniform rate of levy both Districts must fix and certify to pay such budgeted
operational and maintenance expenses for the next calendar year.
3.3 Operating Levy, Subject to Section 2.4 hereof, for the
purpose of paying the
Confluence District's budgeted operational and maintenance expenses for the Regional
Improvements, the board of directors of both the Avon Station District and Mountain
Vista District shall annually fix and certify the uniform rate of levy for ad valorem tax to
the Board of County Commissioners of the County, which when levied on all the taxable
property in both the Avon Station District and Mountain Vista District will collectively
raise ad valorem tax revenues sufficient, together with other legally available funds, to
pay such budgeted amounts.
3.4 Dis osition of Ad Valorem Tax Revenues Collected for eratin and
1Vlaintenance Expenses. Within 30 days of receipt of any ad valorem tax revenues
generated by the mill levy required under Section 3.3 hereof, the Mountain Vista District
shall transfer said revenues to the Confluence District.
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ARTICLE 4
GENERAL COVENANTS AND REPRESENTATIONS
4.1 Acceptance of Responsibilities. Each District accepts the responsibilities
imposed upon it by this Agreement and agrees to observe and perform those
responsibititi es.
4.2 Duty of Care. In performing the responsibilities hereunder, the Districts shall
use the same degree of care and skill in their exercise as a prudent person would exercise
or use under the circumstances in the conduct of his or her own affairs. No provision of
this Agreement shall be construed to relieve either the Confluence District or the
Mountain Vista District from liability for its own negligent action, its own negligent
failure to act, or its own wilful misconduct. ,
4.3 General Representations. In addition to the other representations, warranties
aril covenants made by the Districts herein, -the Districts each, and individually make the
following representations, warranties and covenants to each other, and may be held liable
for any loss suffered as a consequence of any misrepresentation or breach under this
Article 4:
(a) Each District has the full right, power and authority to enter into,
perform and observe this Agreement.
(b) Neither the execution of this Agreement, the consummation of the
transactions contemplated hereunder, nor the fulfillment of or by the compliance with the
terms and conditions of this Agreement by each District will conaict with or result in a
breach of any terms, conditions, or provisions of, or constitute a default under, or result in
the imposition of any prohibited lien, charge, or encumbrance of any nature under any
agreement, instrument, indenture, or any judgment order, or decree to which any District
is a party of by which any District is bound.
(c) This Agreement is the valid, binding and legally enforceable
obli;ation of the Districts and is enforceable in accordance with its terms.
(d) The Districts shall keep and perform all of the covenants and
agreements contained herein and shall take no action that could have the effect of
rendering this Agreement unenforceable in any manner.
ARTICLE 5
DEFAULT AND REMEDIES
5.1 Events of Default. The violation of any provision of this Agreemeni by any
District, the occurrence of any one or more of the following events, and/or the existence
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of any one or more of the following conditions shall constitute an Event of Default under
this Agreement.
(a) The failure to pay any payment when the same shall become due
and payable as provided herein and to cure such failure within three business days of
receipt of notice from the Confluence District of such failure;
(b) The failure to perform or observe any other covenants, agreements,
or conditions in this Agreement on the part of any District and to cure such failure within
ten days of receipt of notice from the other District of such failure;
(c) The filing of a voluntary petition under federal or state bankruptcy
or insolvency laws by the Mountain Vista District or the appointment 6f a receiver for
any of the Mountain Vista District's assets which is not remedied or cured within 30 days
of such filing or appointment.
(d) Assignments by the Mountain Vista District for the benefit of a
creditor and a failure to cure such assigrunents within ten days of receipt of written notice
from the Confluence District; or
(e) The dissolution, insolvency, or liquidation of the Mountain Vista
District or the Confluence District and a failure to cure such dissolution, insolvency or
liquidation within ten days of receipt of written notice.
5.2 Remedies on Qccurrence of Even of Default.
(a) Rights and Remedies. Upon the occurrence of an Evcnt of Default,
the Districts hereto shall have the following rights and remedies that may be pursued
hereof
1 • In the event of breach of any provision of this Agreement,
including but not limited to the failure of the Mountain Vista District to appropriate
Rinds, in addition to contractual remedies, the Confluence District may ask a court. of
competent jurisdiction to enter a writ of mandamus to compel the board of the Mountain
Vista District to perform its duties under this Agreement, and the Mountain Vista District
may seek froin a court of competent jurisdiction temporary and/or permanent injunctions,
or Orders of specific performance, to compel the Confluence District to perform in
accordance with the obligations set forth under this Agreement, including but not limited
to its obligations to use any funds generated hereunder for no other purpose than to defray
the costs of financing, constructing, operating or maintaining the Regional
Improvements;
2. The Districts may protect and enforce their rights under this
Agreement by such suit, action, or special proceedings as they shall deem appropriate,
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including without limitation any proceedings for specific performance of any covenant or
agreement contained herein, for the enforcement of any other appropriate legal or
equitable remedy, or for the recovery of damages caused by breach of this Agreement,
including attorney's fees and all other costs-and expenses incurred in enforcing this
Agreement. If, at any time, there shall cease to be electors in the Mountain Vista District,
or i f no electors of the Mountain Vista District are willing to act as directors of the
Mountain Vista District, the Confluence District may ask a court of competent
jurisdiction to designate the proper persons to assume control of the Mountain Vista
District for purposes of causing the performance of the Mountain Vista District's
obligations under this Agreement;
law;
1
To foreclose any and all liens in the manner specified by
4.
5.
reasonably deem necessary.
To terminate this Agreement as provided herein; and
To take or cause to be taken such other actions as they
(b) Delay or Omission No Waiver. No delay or omission of any District
to exercise any right or power accruing upon and Event of Default shall exhaust or impair
any such right or power or shall be construed to be a waiver of any such Event of Default,
or acquiescence therein.
(c) No Waiver of Ong Default to Affect Another All Remedies
Cumulative. No waiver of any Event of Default hereunder by either District shall extend
to or affect any subsequent or any other then existing Event of Default or shall impair any
rights or remedies consequent thereon- All rights and remedies of the Districts provided
herein may be exercised with or without notice, shall be cumulative, may be exercised
separately, concurrently or repeatedly, and the exercise of any such right or remedy shall
not affect or impair the exercise of any other right or remedy.
(d) No Affect on Rights. Except as otherwise provided by law, no
recovery of any judgment by the Districts shall in any manner or to any extent affect any
rights, powers, and remedies of the Districts hereunder, but such rights, powers, and
remedies uC the Districts shall continue unimpaired as before.
(e) Discontinuance of Proceedings on Default: Position of Districts
Restored. In case any District shall have proceeded to enforce any right under this
Agreement and such proceedings shall have been discontinued or abandoned for any
reason, or shall have been determined adversely to such District, then and in every such
case the Districts shall be restored to their former positions and rights hereunder, and all
rights, remedies, and powers of the Districts shall continue as if no such proceedings had
been taken.
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AR'T'ICLE 6
NUSCELLANEOUS
6.1 Effective Date and Term. This Agreement shall be effective as of
_, 2000 upon execution hereof by the Districts and shall represent the valid,
binding and legally enforceable obligation of the Districts until such time as each of the
terms and conditions hereof has been performed in their entirety, or until this Agreement
is terminated by mutual written agreement of the Districts-as permitted herein or as
otherwise might be provided herein.
6.2 Relationship of Dom. This Agreement does not and shall not be
construed as creating a joint venture, partnership, or employer-employee relationship
between the Districts. The Confluence District and the Mountain Vista District intend
that this Agreement be interpreted as creating an independent contractor relationship.
Pursuant to that intent, it is agreed that the conduct and control of the work required by
this Agreement shall lie solely with the Confluence District which shall be free to
exercise reasonable discretion in the performance of its duties under this Agreement.
Neither the Confluence District nor the Mountain Vista District shall, with respect to any
activity, be considered an agent or employee of the other District.
6.3 Liability of the Districts. No provision, covenant or agreement contained in
this Agreement, nor any obligations herein imposed upon any District nor the breach
thereof, nor the issuance and sale of any bonds by any District, shall constitute or create
an indebtedness or other financial obligation of the other District within the meaning of
any State constitutional provision or statutory limitation, subject however, to the
obligation of the Mountain Vista District to pay funds to the Confluence District pursuant
to the terms hereof
6.4 District Dissolution. In the event either the Confluence District or the
Nountain Vista District seeks to dissolve pursuant to Section 32-1-701 C.R.S., et seg., as
zunendcd, it shall provide written notification of the filing or application for dissolution to
the other District concurrently with such filing.
6.5 Survival of Obligations. Unfulfilled obligations of the Confluence District
and the Mountain Vista District arising; under this Agreement shall be deemed to survive
the expiration of this Agrccment, the completion of the Regional Improvements that are
subject of this Agreement, or termination of this Agreement by court order. Said
obligations shall be binding upon and inure to the benefit of the Confluence District and
the Mountain Vista District and their respective successors and permitted assigns.
6.6 Debt Must Comply with Law. Nothing herein shall be deemed nor construed
to authorize or require the Mountain Vista District or the Confluence District to issue
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bonds, notes, or other evidences of indebtedness on terms, in amounts, or for purposes
other than as authorized by State law.
6.7 State Constitutional Matters. If any provision hereof is declared void or
unenforceable due to a purported violation of Article X, Section 20 of the State
Constitution, the District involved in such violation shall perform such tasks as may be
necessary to cure such violation, including but not limited to acquiring such voter
approvals, either in advance of, or following, an action as may be allowed by law.
6.8 Time is of the Essence. Time is of the essence hereof; provided, however,
that if the last day permitted or the date otherwise determii.ued for the performance of any
act required or permitted under this Agreement falls on a Saturday, Sunday or legal
holiday, the time for performance shall be extended to the next succeeding business day,
unless otherwise expressly stated.
6.9 Persons Interested Herc" Nothing expressed or implied in this Agreement is
intended or shall be construed to confer upon, or to give to, any person other than the
Confluence District and the Mountain Vista District, any right, remedy, or claim under or
by reason of ibis Agreement or any covenants, terms, conditions, or provisions thereof,
and all of the covenants, terms, conditions, and provisions in this Agreement by and on
behalf of the Confluence District and the Mountain Vista District shall be for the sole and
exclusive benefit of the Confluence District and the Mountain Vista District.
6. 10 District Records. The Districts shall have the right to access and review
each other's records and accounts, on reasonable times during District's regular office
hours, for purposes of determining compliance by the Districts with the terms of this
Agreement. Such access shall be subject to the provisions of Public Records Act of the
State of Colorado contained in Article 72 of Title 24, C.R.S. In the event of disputes or
litigation between the parities hereto, all access and requests for such records shall be
made in compliance with the Public Records Act.
6.11 Tmpairrnent of Credit. None of the obligations of any District hereunder
shall impair the credit of the other party.
6.12 Reeoverv of Costs. In the event of any litigation between the Confluence
District and the Mountain Vista District hereto concerning the subject matter hereof, the
prevailing District in such litigation shall be entitled to receive from the Iosinu District, in
addition to the amount of any judgment or other award entered therein, all reasonable
costs and expenses incurred by the prevailing District in such litigation, including
reasonable attorney fees.
6.13 Compliance with Law. The Confluence District and the Mountain Vista
District agree to comply with all federal, state and local laws, rules and regulations which
CU_DOCS_A 53166 v 4 12 2/16!00
FROM BALLARD SPAHR ANDREWSUNGERSOLL (WED) 2. 16' 00 17:58/ST. 17:43/NO. 4200000410 P 14
are now, or in the future may become applicable to the Districts, to their business or
operations, or to services required to be provided by this Agreement.
6.14 Instruments of Further Assurance. The Confluence District and the
Mountain Vista District each covenant that they will do, execute, acknowledge, and
deliver or cause to be done, executed, acknowledged, and delivered, such acts,
instruments, and transfers as may reasonably be required for the performance of their
obligations hereunder.
6.15 Taxes. Each District assumes responsibility for itself, and any of its
employees, for payment of all federal, state and local taxes or contributions imposed or
required under unemployment insurance, worker's compensation, social security and
income tax laws.
6.16 Recording of A ement. Within 10 days of the execution by all signatories
of this Agreement, the Districts shall each record in the real property records of the
County for all property within their respective boundaries, a copy of this Agrccrncnt in
order to provide notice to subsequent purchasers of all or any part of the property within
such District of the existence of this Agreement. Within 30 days after the authorization or
incurrence of general obligation debt payable under this Agreement, the Confluence
District shall record a notice of such action and a description of such debt pursuant to part
16 oFarticle 1 of Title 32, Colorado Revised Statutes, as amended.
6.17 Arbitration. The parties agree that any dispute arising under this Agreement
shall be subject to arbitration among the parties in accordance with customary rules of the
American Arbitration Association, which shall be binding upon the parties.
6.1$ Attorneys' Fees. If any party hereto institutes any action or proceeding in
court or through arbitration to enforce any provision of this Agreement, or for damages
by reason of any alleged breach of this Agreement, or for any judicial remedy, the
prevailing party shall be entitled to receive from the losing party all reasonable attorneys'
fees and court costs incurred in connection with said proceeding.
6.19 Notices. All notices, demands or other communications required or
pennitted to be given hereunder shall be in writing and any and all such items shall be
deemed to have been duly delivered upon personal delivery; or as of the third business
day after mailing by United States mail, certified, return receipt requested, postage
prepaid, to the address set forth below; or as of 12:00 Noon on the immediately following
busuicss day after deposit with Federal Express or a similar overnight courier service, to
the address set forth below; or as of the third business hour (a business hour being one of
the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after
transmitting by telecopier to the telecopy number set forth below:
CO_DOCS_A 53166 v 4 13 2/16/00
FROM BALLARD SPAHR ANDREWSUNGERSOLL (WED) 2.t6'00 17:58/ST. 17:43/N0. 4200000410 P 15
If to the Con lucnce District:
White and Associates Professional Corporation
8005 South Chester Street, Suite 125
Englewood, CO 80112
Attn: Gary R. White, Esq.
If to the Mountain Vista District:
c/o Vistana, Inc.
8801 Vistana Center Drive, Suite 140
Orlando, Florida 32821
Attn: James A. McKnight
Senior Vice President
Facsimile: (407) 239-3038
With a copy to:
Vistana, Inc.
701 Brickell Avenue, Suite 2100
Miami, Florida 33131
Attn: Susan Werth, Esq.
General Counsel, Senior Vice President - Law
Facsimile: (305) 375-7159
Any address or telecopy number fixed pursuant to the foregoing may be changed by the
addressee by notice given pursuant to this Section 6.19.
6.20 Modification. This Agreement may be modified, amended, changed or
terminated, except as otherwise provided herein, in whole or in part, only by an
agreement in writing duly authorized and executed by the Confluence; District and the
Mountain Vista District. No consent of any third party shall be required for the
negotiation and execution of any such agreement.
6.21 Entire Agreement. This Agreement contains the entire agreement between
the Confluence District and the Mountain Vista District and no
statement, promise or
inducement made by either District or the agent of any District that is not contained in
this Agreement shall be valid or binding.
6.22 Severabili . If any portion of this Agreement is declared void or
unenforceable by a court of competent jurisdiction, such portion shall be deemed severed
from this Agreement, and the balance of this Agreement shall remain in effect.
CO DOCS A 53166 v 4 14
211 a/ao
FROM BALLARD SPAHR ANDREWS&INGERSOLL (WED) 2.16'00 17:58/ST. 17:43/NO. 4200000410 P 16
6.23 No Waiver. No waiver of any of the provisions of this Agreement shall be
valid unless in writing and signed by the party against whom it is sought to be enforced.
The failure of any parry to seek redress for violation of or to insist upon the strict
performance of any covenant or condition of this Agreement shall not prevent a
subsequent act, which would have originally constituted a violation, from having the
effect of an original violation.
6.24 Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State.
6.25 Headings. The paragraph headings which appear in some of the Sections of
this Agreement are for purposes of convenience and reference and arc not in any sense to
be construed as modifying the Sections in which they appear.
6.26 Construction. Whenever the singular number is used in this Agreement and,
when required by the context, the same shall include the plural and the masculine gender
shall include the feminine and neuter genders, and vice versa.
6.27 Successor and Assi ns. This Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, personal representatives, successors
and assigns.
6.28 CounterpadjJ7 rcimP Signatures. This Agreement may he executed in
counterparts, each o f which shall be deemed an original and all of which when taken
together will constitute one and the same instrument. Facsimile signatures of any party
to this Agreement shall be considered originals for all purposes hereunder.
IN WITNESS WTMRF_.OF the parties have executed this agreement as of the date first
written above.
CONFLUENCE METROPOLITAN DISTRICT
Eagle County, Colorado
[SEAL]
Attest:
Secretary
By
Chairman and President
CO DQCS_A 53166 v 4 15 2/16100
rnvM nALLAAD brRrin ANllHI;V &INUEHSULL
[SEAL]
Attest:
Secretary
ACKNOWLEDGED BY.
[S.EAL]
Attest:
Secretary
CO_DOCS a 53166 v 4
(WED) 2. 16' 00 17:58/ST, 17:43/K 4200000410 P 17
MOUNTAIN VISTA METROPOLI'T'AN
DISTRICT
Eagle County, Colorado
By:
Chairman and President
AVON STATION METROPOLITAN DISTRICT
Eagle County, Colorado
By:
Chairman and President
16
2/115;00
FROM BALLARD SPAHR ANDREWS&INGERSOLL (WED) 2.16'00 17: 58/ST. 17: 43/NO. 4200000410 P 18
EXAMITA
Legal Description and Map of Confluence District
CO_DOCS A 53166 v 4 A-1
2/16100
FROM BALLARD SPAHR ANDREWS&INOERSOLL (WED) 2.16'00 17: 59/ST. 17: 43/NO. 4200000410 P 19
EXIT B
Legal Description and Map of Mountain Vista District
CO_DOCS A 53166 v 4 B_ 1
2/16/00
PHUM BALLAHU SPAHR ANDREWS&INGERSOLL (WED) 2.16'00 17: 59/ST.17:43/N0.4200000410 P 20
EXHIBIT C
Legal Description and Map of Avon Station District
CO_DOCS_A 53166 v 4 C _ I
2!1 cd00
1'11V11'1 OALLAnu arnnn A14ur1Ly1Oa1 UtftbULL (WED) 2-16'00 17:54/ST. 17:43/N0. 4200000410 P 21
EDIT D
Description of Regional Improvements
CO DOCS_A 53166 v 4 D _ i
2/ 1 B/00
FROM BALLARD SPAHR ANDREWS&INGERSOLL (WED) 2. 16' 00 17:5VST. 17:43/NO. 4200000410 F 22
B
Development Agreement
CO, DOCS_A 53166 v 4
2'16/00
11
MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
CC: Bill Efting; Larry Brooks
RE: Resolution Authorizing Sherwood Meadows Contract
DATE: 02/11/00
The attached resolution authorizes the Mayor to execute a contract between the town
and John Laeri, owner of 11 condominium units in the Sherwood Meadows Condos. The
price for all 11 units is $2,000,000, and will be paid by the town only if bond financing
(referred to as "certificates of participation") is obtained. The contract contains standard
language allowing the town to cancel the contract if the appraised value of the 11 units turns
out to be less than the contract price.
If and when the seller accepts this contract, we will proceed to give bond counsel and
the financial underwriter a green light to start their work. (Their fees will be paid out of the
bond issuance.)
E
r
RESOLUTION NO. I I
SERIES OF 2000
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ENTER INTO A
CONTRACT WITH JOHN H. LAERI, JR. TO PURCHASE SHERWOOD MEADOWS
CONDOMINIUM UNITS IA, 1C, ID, 2B, 2C, 2E, 2F, 3A, 3B, 4B, AND 4D, AVON,
COLORADO.
WHEREAS John H. Laeri, Jr. is the owner of SHERWOOD MEADOWS
CONDOMINIUM UNITS IA, 1C, 1D, 213, 2C, 2E, 2F, 3A, 3B, 4B, AND 4D, Avon,
Colorado, and
WHEREAS the Council desires the Town of Avon to purchase said units for a
purchase price not to exceed Two Million Dollars ($2,000,000),
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Mayor is hereby authorized to execute the attached contractual offer.
0 ADOPTED this _ day of , 2000.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Burt Levin, Town Attorney
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The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBSI-9-99)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE
(RESIDENTIAL)
Date: FLbf~y 23~ ZODO
1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and
conditions set forth in this contract.
2. DEFINED TERMS.
a. Buyer. Buyer, ~avyN OF Q ✓OA/, Lo L O jL i¢ P0
will take. title to the real property described below as 13 Joint Tenants t7 Tenants In Common JN Other So 10- 19w.,e1-
b. Property. The Property is the following legally described real estate:
S're r wood Ae4sl" 3 I-ej . ► I C.) I /P ~ 2 6., 2 G, Z F .Y A
8) ~
~ V govt '"fl~~'►s~'14r►I 11140 1' A. J /4 60 T 1 (o Z,O
in the County of Q f Colorado, commonly known as
No.
Street Address City State Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller
in vacated streets and alleys adjacent thereto, except as herein excluded.
c..Dates and Deadlines.
Item No.
Reference
Event
Date or Deadline
1
§ 5a
Loan A lication Deadline
iq
2
§ 5b
Loan Commitment Deadline
W/ A
3
§ 5c
Buyer's Credit Information Deadline
1.4
4
§ 5c
Disapproval of Buyer's Credit Deadline - -
A-/
5
§ 5d
Existin Loan Documents Deadline
/V / A
6
§ 5d
Objection to Existing Loan Deadline
7
§ 5d
Approval of Loan Transfer Deadline
/V
8
§ 6a
Appraisal Deadline
9
§ 7a
Title Deadline
10
§ 7a
Survey Deadline
11
§ 7b
Document Request Deadline
I p p
12
§ 7c, § 8a
Title Objection Deadline
13
§ 8b
Off-Record Matters Deadline
- _19D
14
§ 8b
Off-Record Matters Objection Deadline
~Oo
15
§ 8e
Right Of First Refusal Deadline
16
§ 10
Seller's Property Disclosure Deadline
-3--190
17
§ l0a
Inspection Objection Deadline
r- 0-Do
18
§ 10b
Resolution Deadline
19
§ 11
Closing Date
9-3-00
20
§ 16
Possession Date
r p
'
21
§ 16
Possession Time
22
§ 28
Acceptance Deadline Date
3 - D 0
23
§ 28
Acceptance Deadline Time
S;
d. Attachments. The following exhibits, attachments and addenda ar apart of this contrac
~►n~''~^S CDh'r~nGLtiLy ~ L. 5~91~'He~'~ o~ ^,/.~~►7 (,Onv G~~Cs
A.
t3 . Lea sc S . S tit 'frZ W k~I f !G r c ~~r „re; 4Veye-►f hbo Ile
Fore; 1-7 ow~,err~.~p
e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation
"N/A" means not applicable.
3. INCLUSIONS AND EXCLUSIONS.
a. The Purchase Price includes the following items (Inclusions):
(1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air con-
ditioning fixtures, TV antennas, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom
systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door
63 (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and
64 porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery r s, fireplace inserts, fireplace screens, fireplace grates, heating
- 65 sto , storage sheds, and W keys. Check appli cable boxo) if included:
66 Water Softeners, ~Smoke~re Detectors, Security Systems, Satellite Systems (including satellite dishes and accessories); and
o8
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
n_~
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
1,/
120
121
122
123
124
125
126
127
128
129
(3) Parking and Storage Facilities. T1, use of the following parking facilities: G✓►
and the following storage facilities: rt
(4) Water Rights. The folg legally described water rights: 111114
b. Instruments of Transfer, The Inclusions are to be conveyed at Closing free and clear of all taxes, liens and encumbrances, except as
provided in § 12. Conveyance shall be by bill of sale or other applicable legal instrument(s). Any water rights shall be conveyed by
)VIA deed or other applicable legal instrument(s).
c. Exclusions. The following attached fixtures are excluded from this sale:
4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U. S. Dollars by Buyer as follows:
Item No.
Reference
Item
Amount
Amount
1
2
4
4a
Purchase Price $ 2 ODO o00
Earnest Money $ 10
O O
3
4b
New Loan
4
N !~Q
4
4c
Assumption Balance
/V/,4
5
4d
Seller or Private Financing N /1
6
4e
Cash at Closing 1 940 Boo
7
TOTAL I.,
a. r arnest money. i ne tamest Money set torth in this Sectiodn, in the form of _ Q 60K , is part pay-
ment of the Purchase Price and shall be payable to and held by '-!I'f' ~t M• P 14t I, fLt kin its trust account, on behalf of both Seller and
Buyer. The parties authorize delivery of the Earnest Money deposit to the Closing Company, if any, at or before Closing.
❑ Other . This loan will be secured by a (1st, 2nd, etc.) deed of trus
The loan may be increased to add the cost of mortgage insurance, VA funding fee and other items for a total loan amount, not in exc of
$ which shall be amortized over a period of years at approximately $ per mon nclud-
ing principal and interest not to exceed % per annum, plus, if required by Buyer's lender, a monthly deposit of %2 of the esti ted annual
real estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or gr ated payment
loan, the monthly payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points, if any, shall be paid to lender at Closing and shall not exceed % of the total loan a unt. Notwithstanding
the loan's interest rate, the first loan discount points shall be, paid by and the balance, if
any, shall be paid by
Buyer shall.timely pay Buyer's loan costs and a loan origination fee not to exceed % oXthean ount.
c. As sumption. Buyer agrees to assume and pay an existing loan in the approximate amount of ion Balance set forth in this
Section, presently payable at $ per month including principal, interest presently a % per annum, and also includ-
ing escrow for the following as, indicated: 13 Real Estate Taxes, 13 Property Insurance um, 13 Mortgage Insurance Premium,
and
Buyer agrees to pay a loan transfer fee not to exceed $
% per annum and the new monthly payment shall not exceed $ _
If the actual principal balance of the existing loan at Closing is less than the Asp
Buyer at Closing to be increased by more than $ then
Seller of Buyer's written notice of termination or ❑
Seller ❑ Shall ❑ Shall Not be released from liability on said loa , and if a VA-guaranteed loan, Seller's eligibility ❑ Shall ❑ Shall Not
be reinstated. If applicable, compliance with the requirements for re e from liability or reinstatement of eligibility shall be evidenced by deliv-
ery at Closing of appropriate letter of commitment from ❑ VA nder. Cost payable for release of liability/reinstatement of VA eligibility shall
be paid by in ount not to exceed $
d. Seller or Private Financing. Buyer agrees to ecute a promissory note payable to: _
❑ Joint Tenants ❑ Tenants in Common ❑ Other on
the note form as indicated:
❑ (UCCC - No Default Rate) NTD 82-3-95 (Default Rate) NTD 81-11-83 ❑ Other
secured by a (lst, 2nd, etc.) de of trust encumbering the Property, using the form as indicated: ❑ Strict Due-On-Sale (TD 72-7-96)
❑ Creditworthy (TD 73-7-96) ❑ ble - Not Due On Sale ('I'D 74-7-96) ❑ Other
Buyer ❑ Shall ❑ Shall execute and deliver, at Closing, a Security Agreement and UCC-1 Financing Statement granting the holder
of the promissory note a (Ist, 2nd, etc.) lien on the personal property included in this sale. The promissory note shall be amortized
on the basis of ❑ years ❑ months, payable at $ per month including principal and interest at the rate
of % per an in. Payments shall commence and shall be due on the day of each
succeeding month. not sooner paid, the balance of mincinal and accrued interest shall he due and navahle
At the ti of assumption, the new interest rate shall not exceed
principal and interest, plus escrow, if any.
n on Balance, which causes the amount of cash required from
Buyer May Terminate this contract effective upon receipt by
i39 S. nN>•rl►tEiEN6-£EINOFFIONS RAID OBLIGATIONS.
140 a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan, or if an existing loan is not to be released
141 at Closing, Buyer, if required by such lender, shall make written application by Loan Application Deadline 2c). Buyer shall cooperate
142 Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents and furnish all info n and
~43 documents required by lender, and, subject to § 4, timely pay the costs of obtaining such loan or lender consent. Buyer agrees to sfy the rea-
44 sonable requirements of lender, and shall not withdraw the loan or assumption application, nor intentionally cause any cha to circumstances
145 which would prejudice lender's approval of the loan application or funding of the loan.
146 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as ified in § 4b, this contract is
147 conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1) lender v ' 'cation of employment, (2) lender
148 approval of Buyer's credit-worthiness, (3) lender verification that Buyer has sufficient funds to clo , and (4) specification of any remaining
149 requirements for funding said loan. This condition shall be deemed waived unless Seller receiv rom Buyer, no later than Loan Commitment
150 Deadline 2c), written notice of Buyer's inability to obtain such loan commitment. If er so notifies Seller, this contract shall terminate.
151 IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE, BUYER S L BE IN DEFAULT.
152 c. Credit Information. If Buyer is to pay all or part of the Purchase y executing a promissory note in favor of Seller or if an exist-
153 ing loan is not to be released at Closing, this contract is conditional upon is approval of Buyer's financial ability and creditworthiness, which
154 approval shall be at Seller's sole and absolute discretion. In such c . 1) Buyer shall supply to Seller by Buyer's Credit Information Deadline
155 2c), at Buyer's expense, information and documents conc ' g Buyer's financial, employment and credit condition; (2) Buyer consents that
156 Seller may verify Buyer's financial ability and creditwo ness (including obtaining a current credit report); (3) any such information and docu-
157 ments received by Seller shall be held by Seller i fidence, and not released to others except to protect Seller's interest in this transaction; (4)
158 if Seller does not provide written notice of S is disapproval to Buyer by Disapproval of Buyer's Credit Deadline 2c), then Seller waives
159 this condition. If Seller does provide en notice of disapproval to Buyer on or before said date, this contract shall terminate.
160 d. Existing Loan Review f an existing loan is not to be released at Closing, Seller shall provide copies of the loan documents (includ-
161 ing note, deed of trust, and modifications) to Buyer by Existing Loan Documents Deadline 2c). This contract is conditional upon Buyer's
162 review and approval a provisions of such loan documents. If written notice of objection to such loan documents, signed by Buyer, is not
163 received by Sel y the Objection to Existing Loan Deadline 2c), Buyer accepts the terms and conditions of the documents. If the lender's
164 approval ransfer of the Property is required, this contract is conditional upon Buyer's obtaining such approval without change in the terms of
165 suc n, except as set forth in § 4c. If lender's approval is not obtained by Approval of Loan Transfer Deadline 2c), this contract shall ter-
166 nate on such date. If Seller is to be released from liability under such existing loan or if Seller's VA eligibility is to be reinstated and Buyer does
i. . I . n . _
168 6. APPRAISAL PROVISIONS.
169 a. Appraisal Condition.
170 ❑ (1) No Appraisal Condition. This subsection a. shall not apply.
171 ❑ (2) FHA. It is expressly agreed that notwithstanding any other provisions of this contract, the Purchaser (Buyer) shall not be oblig-
172 ated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless
1 0 73 the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,
74 Veterans Administration, or a Direct Endorsement lender setting forth the appraised value of the Property of not less than
175 $ . The Purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without
176 regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of
177 Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) should sat-
178 isfy himself/herself that the price and condition of the Property are acceptable.
179 ❑ (3) VA. If Buyer is to pay the Purchase Price by obtaining a new VA-guaranteed loan, it is agreed that, notwithstanding any other pro-
180 visions of this contract, Buyer shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the
181 Property described herein, if the contract Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans
182 Administration. Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the
183 as unt of the reasonable value established by the Veterans Administration.
184 (4) Other. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valu-
185 ation determined by an appraiser engaged by ✓Yg de The contract shall terminate by
186 Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's
187 valuation is less than the Purchase Price, received on or before the Appraisal Deadline 2c). If Seller does not receive such written notice of
188 termination on or before the Appraisal Deadline 2c), Buyer waives any right to terminate under this subsection.
189 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by M/Buyer ❑ Seller.
190 7. EVIDENCE OF TITLE.
191 a. Evidence of Title; Survey. On or before Title Deadline 2c), Seller shall cause to be furnished to Buyer, at Seller's expense, a cur-
192 rent commitment for owner's title insurance policy in an amount equal to the purchase Price or if this box is checked, ❑ An Abstract of title
193 certified to a current date. If a title insurance commitment is furnished, it Iff Shall ❑ Shall Not commit to delete or insure over the standard
194 exceptions which relate to:
195 (1) parties in possession,
196 (2) unrecorded easements,
197 (3) survey matters,
198 (4) any unrecorded mechanics' liens,
g99 (S) gap period (effective date of commitment to date deed is recorded), and
00 (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing.
201 Any additional premium expense to obtain this additional coverage shall be paid by Seller. An amount not to exceed $ 1V/~l for
202 the cost of any improvement location certificate or survey shall be paid by ❑ Buyer 13 Seller.' If the cost exceeds this amount, Buyer shall pay the
203 excess on or before Closing unless Buyer delivers to Seller or Listing Company, before the improvement location certificate or survey is ordered,
204 Buyer's written notice allowing the. exception for survey matters. The improvement location certificate or survey shall be received by Buyer on or
205 before Survey Deadline 2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing.
206 b. Copies of Exceptions. On or before Title Deadline 2c), Seller, at Seller's expense, shall furnish to Buyer, (1) a copy of any plats,
207 declarations, covenants, cditions and restrictions burdening the Property, and (2) if a title insurance commitment is required to be furnished, and
208 if this box is checked M Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions
209 (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this subsection if requested
210 by Buyer any time on or before the Document Request Deadline 2c). This requirement shall pertain only to documents as shown of record in
211 the office of the clerk and recorder(s). The abstract or title insurance commitment, together with any copies or summaries of such documents fur-
212 nished pursuant to this Section, constitute the title documents (Title Documents).
225 8. TITLE.
226 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of
227 any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given to Seller on or before
228 Title Objection Deadline 2c), or within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorsement(s) adding new
0 Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's
notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline 2c) true
232 copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title
233 matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if
234 any third party(ies) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary
235 line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on
236 behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline Q 2c). If Seller does not receive Buyer's notice by
237 said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge.
238 c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTED-
239 NESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH
240 DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND
241 EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESUL'T'ING IN
242 THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL
243 LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIG-
244 ATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
245 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
246 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is
247 received by Seller on or before Off-Record Matters Objection Deadline 2c), this contract shall then terminate. If Seller does not receive Buyer's
248 notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate.
249 d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) or commitment terms
250 as provided in § 8 a or b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to
251 Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing, this contract shall then terminate; provided, however, Buyer
252 may, by written notice received by Seller, on or before Closing, waive objection to such items.
253 e. Right of First Refusal. If the Governing Documents require written approval of the sale contemplated by this contract or waiver of
254 any option or right of first refusal by the owners' association or any other owner in the owners' association, Seller shall timely submit this contract
255 and request approval of the sale or waiver of any option or right of first refusal pursuant to such provisions. If no such approval or waiver is
256 obtained on or before Right Of First Refusal Deadline 2c), this contract shall terminate. Buyer agrees to cooperate with Seller in obtaining
257 the approval and/or waiver if required by the applicable Governing Documents and shall make available such information as the owners' associa-
258 tion may reasonably require.
259 f. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully.
Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including without limita-
tion boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and
26 various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned sepa-
263 rately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third parties
264 may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter
265 and use the Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect
266 to all such matters as there are strict time limits provided in this contract (e.g., Title Objection Deadline 2c] and Off-Record Matters Objection
267 Deadline 2c]).
268 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a
269 building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based. Paint Disclosure (Sales) form is
270 signed by Seller and the required real estate licensee(s), which must occur prior to the parties signing this contract.
271 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline Q 2c), Seller agrees to pro-
272 vide Buyer with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge.
273 a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) of the physical condition of the Property and Inclusions,
274 at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or
275 before Inspection Objection Deadline 2c):
276 (1) notify Seller in writing that this contract is terminated, or
277 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to
278 Correct).
279 If written notice is not received by Seller on or before Inspection Objection Deadline 2c), the physical condition of the Property and
280 Inclusions shall be deemed to be satisfactory to Buyer.
281 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement
282 thereof on or before Resolution Deadline 2c), this contract shall terminate one calendar day following the Resolution Deadline % 2c), unless
283 before such termination Seller receives Buyer's written withdrawal of the Notice to Correct.
284 c. Damage; Liens; Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or for any other work
285 performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. 'Buyer shall
286 not permit claims or liens of any kind against the Property for inspections, surveys, engineering reports and for any other work performed on the
281 Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense
288 incurred by Seller in connection with any such inspection, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses
289 incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the ter-
2 urination of this contract.
V 11. CLOSING. Delivery of deed(s) from Seller to Buyer shall be at Closing (Closing). Closing shall be on the dale specif~ as the Closing
29 Date 2c) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
293 a44 A44 9i .,&,,,r qt ,(Y- R,h- MO/t. % i irk 6o. l ol !{riK~ G9.
294 12. TRANSFER OF TITLE. Subject to tender or payment at Closin as required herein and compliance by Buyer with the other terms and
295 provisions hereof, Seller shall execute and deliver a good and sufficient Cr e O ER A L 6 212 fl' N TY deed to Buyer, at Closing,
296 conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein, title shall be con-
297 veyed free and clear of all liens, including any governmental liens for special improvements installed as of the ¢ate of Buyer's signature hereon,
298 whether assessed or not. Title shall be conveyed subject to:
299 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accor-
300 dance with § 8a [Title Review],
301 h. distribution utility easements (including cable TV),
313 Any fees incident to the transfer from Seller to Buyer assessed on or on behalf of the owners' association shall be paid by ❑ Buyer M /Seller.
314 The local transfer tax of IVIA . % of the Purchase Price shall be paid at Closing by ❑ Buyer ❑ Seller. Any sales and use tax that may
315 accrue because of this transaction shall be paid when due by ❑ Buyer ❑ Seller. WIA
15. PRORATIONS. The following shall be prorated to Closing Date 2c), except as otherwise provided:
a. Taxes. Personal property taxes, if any, and general real estate taxes f the year of Closing, based on
318 ❑ The Taxes for the Calendar Year Immediately Preceding Closing he Most Recent Mill Levy and Most Recent Assessment
319 ❑ Other
320 b. Rents. Rents based on ❑ Rents Actually Received ❑ Accrued. Security deposits held by Seller shall be credited to Buyer. Seller
321 shall assign all leases to Buyer and Buyer shall assume such leases.
322 c. Association Assessments. Current regular owners' association assessments and association dues. Owners' association assessments
323 paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular owners' association assessments for deferred mainte-
324 nance by the owners' association shall not be credited to Seller except as may he otherwise provided.by the Governing Documents. Any special
325 assessment by the owners' association for improvements that have been installed as of the date of Buyer's signature hereon shall be the obligation
326 of/Seller. Any other special assessment assessed prior to Closing Date 2c) by the owners' association shall be the obli ation of ❑ Buyer
327 Seller. Seller represents that the amount of the regular owners' association assessment is currently payable at $ (SeO Qx gliaj ex (
328 per tn1~0~19 n and that there are no unpaid regular or special assessments against the Property except the current regular assessments and
329 except 1V0 rV F
330 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the owners' association to
331 deliver to Buyer before Closing Date 2c) a current ~)atement of assessments against the Property. Any fees incident to the issuance of such
332 statement of assessments shall be paid by ❑ Buyer 1 Seller.
333 d. Loan Assumption - Mortgage Insurance. FHA or private mortgage insurance premium, if any, ❑ Shall ❑ Shall Not be apportioned
334 to Closing Date 2c). Any such amount shall be apportioned as follows: ~✓1A
335
336 e. Other Proration. Water, sewer charges; and interest on continuing loan(s), if any; and No
337
338 f. Final Settlement. Unless otherwise agreed in writing, these proration shall be final.
339 16. POSSESSION. Possession of the Prop rty shall be del* -d to Buyer on Possession Date Possession Time 2c), subject to
340 the following lease(s) or tenancy(s): G 0 0 XI h,tj, /11.1 t,1Pf (,fele 'Ex. $J
341
10 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for
payment of 0 per day from the Possession Date 2c) until possession is delivered.
344 Buyer ❑ Does ® Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
345 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this
346 contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties.
347 18. CONDITION OF, AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract, the Property,
348 Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear exFepted.
349 a. Casualty; Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount
350 of not more than ten perWnt of the total Purchase Price, Seller shall be obligated to repair the same before the Closing Date 2c). In the event
351 such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer by deliv-
352 eeng to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to a credit,
353 at Closing, for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners' associ-
354 ation, if any, plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total Purchase Price.
355 b. Damage; Inclusion; Services. Should any Inclusion(s) or service(s) (including systems and components of the Property, e.g. heat-
356 ing, plumbing, etc.) fail or be damaged between the date of this contract and Closing or possession, whichever shall be earlier, then Seller shall be
357 liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, but only
358 to the extent that the maintenance or replacement of such Inclusion(s), service(s) or fixture(s) is not the responsibility of the owners' association,
359 if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are aware of the existence of pre-
360 owned home warranty programs which may be purchased and may cover the repair or replacement of some Inclusion(s).
361 c:- Walk-Through; Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to
362 Closing to verify that the physical condition of the Property and Inclusions complies with this contract.
363 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling
364 Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title
365 and consultation with legal and tax or other counsel before signing this contract.
366 20. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest Money hereunder or
367 any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as
368 herein provided, there shall be the following remedies:
369 a. If Buyer is in Default:
370 ❑ (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all payments and things of value received
71 hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat
thi}Xcontract as being in full force and effect and Seller shall have the right to specific performance or damages, or both.
Q( (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of
374 Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUI-
375 DATED DAMAGES and (except as provided in subsection c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the
376 obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages.
377 N. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments and things of value received
378 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force
379 and effect and Buyer shall have the right to specific performance or damages, or both.
380 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the pre-
381 vailing party all reasonable costs and expenses, including attorney fees.
382 21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first proceed in
383 good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the
384 dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is
385 binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation. unless oth-
395
396
397
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
x,24. ADDITIONAL PROVISIONS. (Tbe language of these additional additional provisions has not been approved by the Colorado Real Estates Coomniiis~sion.)
IlJ~f GON'f/ftit /1 QX~/Frl~j~ 1"04-6, wpa', 134/y49/ r~(.Lt✓✓i~''T ~~Ify&."j !lS J1~/T`~v~ ih
ems. . . , cJ
25. ENTIRE AGREEMENT, SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract between the
parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into
this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made
in writing and signed by the parties. Any obligation in this contract which, by its terms, is intended to be performed after termination or Closing
shall survive the same. 1
26. FACSIMILE. Signatures ® May ❑ May Not be evidenced by facsimile. Documents with original signatures shall be provided to the
other party at Closing, or earlier upon request of any party.
27. NOTICE. Except for the notice requesting mediation described in § 21, any notice to Buyer shall be effective when received by Buyer
of by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company.
28. NOTICE OF ACCEPTANCE; COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer-and Seller, as evi-
denced by their signatures below, and the offering party receives notice of acceptance pursuant to § 27 on or before Acceptance Deadline Date
and Acceptance Deadline Time 2c). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document
may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a .
full and complete contract between the parties.
t GO
416 10WN OF VIP IV
Buyer
417 Date of Buyer's Signature:
Buyer
Date of Buyer's Signature:
418 Buyer's Address: 4-1,P19 1+enyl?41 V/f /12
1,47, /01)c X171 - ✓~H
~ (,p
~j (V Z C,
419 Buyer's Telephone No: q 7 0 - 7 K eay
Buyer's Fax No.
gK 9- 9119
is 0 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 291
421 9 14 "1 e.
Seller Seller
422 Date of Seller's Signature:: n
423 Seller's Address: Q
'v d
Date of Seller's Signature:
6/e, C -r 0&19Z)
424 Seller's Telephone No: Z9 3- Z 2-'7- 7 7 q / Seller's Fax No: 7- 0 3 ' ;Z 7' 8 il L 1
425 29.
426
427
COUNTER; REJECTION. This offer is ❑ Countered ❑ Rejected.
Initials only of party (Buyer or Seller) who countered or rejected offer _
END OF CONTRACT
428 Note: Closing Instructions should be signed on or before Title Deadline.
430
431
432
433
434
435
436
437
8 8
9
440
while not a party to the contract, agrees to cooperate upon request with any mediation conducted under § 21.
Selling Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as ❑ B r Agent
❑ Seller Agent/Subagent ❑ Dual Agent ❑ Transaction-Broker.
Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as ❑ Seller Agent
❑ Dual Agent ❑ Transaction-Broker.
BROKERS' COMPENSATION DISCLOSURE.
Selling Company's compensation or commission is to be paid by: ❑ Buyer ❑ Seller ❑ Listing Co any ❑ Other
(To be completed by Listing Company) Listing Company's compensation or commission i be paid by:
❑ Buyer ❑ Seller ❑ Other
441 Selling Company:
442 By:
Signature
443 Selling Company's Address:
Date
444 Selling Company's Telephone No: Selling Company's Fax No:
1?
The printed portions of this form approved by the
Colorado Real Estate Commission (EMP 8(?2 81)
EARNEST MONEY
U.S. S Zvi Od 0 Promissory Note
?°N (,OL fl??D?
Date
city M State
FOR VALUE RECEIVED, AC 0 ??, ,?/
"
Namets) of MskeKs)
' PO 3 ° X 27r 14 ?? ?O `6 1,0
Address jointly and
severally, promise to pay to the order of ` xo t,, 14. L overt J /
! l?lO?j4,y?
the sum of f e"
•
with interest at per cent per annum from QXQ ? T7 D'-l O L O?1' (/'k d! l until paid.
c o vt+-4 Vf
Both principal and interest are payable in U.S. dollars on or before l y f ct ?? 2Xt! 4?'W D r!
?- ,payableat
/gMV,G4' Nv.fe-v T.* : 4q CGs eSc pvv 'CtJ0, 0
or at such other address as note holder may designate. Presentment, notice of dishonor, and protest are hereby waived. If this note is not paid when due,
Uwe agree to pay all reasonable costs of collection, including attorney's fees.
14 200
Maker's signature
Maker's signature
This note is given as earnest money for the contract on the following property:
s /woU? eat l,rs ?? c, ?? , Z r?, 2 c, 2 Z r 114 3 bJ 4//3
k »?,! <( ??, /?o ek lj h'4,41 6 2 0
No. EMP80-2-81. EARNEST MONEY PROMISSORY NOTE
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 - (303) 292-2500 - 10-%
E
• EXHIBIT A
FINANCING CONTINGENCY
THE TOWN'S OBLIGATION TO PURCHASE THE PROPERTY IS
CONTINGENT UPON THE TOWN OBTAINING FINANCING FOR THE
PURCHASE THROUGH SALE OF CERTIFICATES OF PARTICIPATION
BY THE TOWN OF AVON FINANCING AUTHORITY, AND FURTHER
CONTINGENT UPON THE TOWN OF AVON FINANCING AUTHORITY
AND THE TOWN ENTERING INTO A LEASE PURCHASE AGREEMENT.
11
F
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Crystal Ortega, Maryann Mondragon, Valerie Valencia ("Tenant").
In consideration of the payment of the rent and the performance of the promises set forth
below, the landlord does hereby lease to the Tenant, Condominium Unit No. 3B , Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado,
0371 Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private
residence (and for no other purpose whatsoever) for the Tenant's family which consists of 3 adults
and- children (aged respectively), together with garage or parking place number N/A
storag pace number N/A, d all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1' day of February 2000, and ending at noon on the January 31, 2001,
® unless sooner terminated as provided in this lease, for a rental of $ 1500 per month for each month
of this lease payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent
punctually and without demand. Any rental payments or other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all electricity used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
0
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal,, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining the written consent of the Landlord; also, no awning, canopy; or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
r
1
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs'as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored -(parked for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
0
I
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 1500 as a security deposit and last
months rent to be prorated over 4 months. This deposit will be due when Tenant signs the lease.
The sum shall be retained by the Landlord as security for the payment by the Tenant of the rent
herein agreed to be paid and for the faithful performance of all the terms, conditions and -covenants
of this lease. If at any time during the term of this lease the Tenant shall be in default in the
performance of any of the provisions of this lease, the Landlord shall have the right to use said
deposit or so much thereof as may be necessary in payment of any rent in default as aforesaid and
in payment of any damages sustained by Landlord on the premised and in payment for any cleaning
that must be done if premises are not left clean, but in no event will the Tenant be released from
liability for the difference between the amount of the deposit retained and the actual damage or loss
of rent sustained by the Landlord. Tenant deposit is to be refunded, without interest, after Tenant
completely vacated provided Tenant is not in default in any of the provisions of this lease an
provided that there is no damage to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood that the Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
- Meadowcroft Properties)
Jim
• (Ten t)
tojoet?CtiQ
,-,"fUTO, 4n " z---,
.r
Ex.
Meadoweroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between lJeadowcroft Properties ("Landlord") of 9 Burr Road
Wesport, CT 06880 and ;11, o,.,, bo-'c ( ? h !r (A^ Qj 1jua C 4Ss "Tenant"
In consideration of the payment of the rent and the performance of the promises set fora
below, the landlord does hereby lease to the Tenant, Condominium Unit No. J?P, Sherwooc
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family which consists of ;2 adult anc
?Q_children (aged N/A respectively), together with garage or parking place number _ storage
space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on th't?- day o ? , and ending at noon on the Zp d
unless sooner terminated as provided in this lease, for a rental of per month for each
month of this lease payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually
and without demand. Any rental payments or other charges not received by the Landlord ten days' after
they are due «rill be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS;
1. To
used pay the rent as above provided, and to promptly pay for all water, gas, and electricity
2. To comply with all reasonable rules and regulations which the Landlord or the condominium
association may make for the protection of the building or the general welfare and comfort of the
Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by tho
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) :or
ordinary wear excepted.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein v
the prior written consent of the Landlord.
IN
5. To use said premises for no purpose prohibited by the laws of the United States or fkt,
of Colorado or the ordinances of city or town in which the condominium is located, and to comply IV
all police, fire and sanitary regulations imposed by any municipal, state and federal authority either nc
in force or hereinafter acted, and to use the premises for no improper or questionable purpos
whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about t
unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or win
without first obtaining the written consent of the Landlord; also, no awning, canopy, or shutter shall
fixed to or placed upon the exterior walls. doors; roof, or any part thereof; or exposed on or a
window, without proper written submittal to and approved by the Landlord; to keep no guest, room(
or boarders without written consent of the Landlord; to keep the unit and every part thereof in go(
clean and sanitary condition and appearance, free from dirt, filth, waste or any inflammable
dangerous material, also free from objectionable odors, and not to obstruct or place or permit to
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways
the building in which the unit is located, and to use the hallways and stairways only for ingress to
egress from the unit.
. 7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place
additional locks or change any locks upon any of the doors of the unit without the Landlord's cone
and to take good care of and keep the unit so as not to endanger either the premises or ener
annoy any. other occupant in the building. Not to commit, permit, or suffer any obj ecti le
disorderly conduct, noise or nuisance whatsoever about the premises on the part of the Tenant or on i
part of the members of his family or guests, or commit, permit or suffer anything to be done by any
them that will disturb or interfere with the rights, comforts or conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or serva
liable for any injury or damage to person or property either proximate or remote, no matter h.
occasioned, or for any injury or damage arising from the acts of any other occupant or of any owners
occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premise:
any time to make repairs, and to enter at any reasonable time to inspect the premises; to permit
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as well
any lien for the benefit of the condominium association, and the Tenant agrees to execute and deli
such further instrument or instruments subordinating this lease to the lien of any such deeds of trust
may be desired by the holder thereof; and the Tenant hereby appoints the Landlord as his attorney
fact, irrevocably, to execute any such instrument on behalf of the tenant.
n
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not paid
then the Landlord may, without being obligated to do so, and without terminating this lease, retak,
possession of the said premises and rent the same for such rent, and upon such conditions as the
Landlord may think best, making such change and repairs as my be required, giving credit for t 1i,
amount of rent so received, less all expenses of such changes and repairs; and the Tenant shall be liabl<
for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whethe
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all key:
peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change,, alter
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the Landlord
and to dispese of or rert any ether portion {?f the. huilding xhic:h the Landlor may -?tip:: as the Landlorc
eiects: that the Tenant had relied solely on the statements contained In this lease and that he has rear
and fully understands the lease and that no agent or representative of the Landlord has authority t(
change this lease in any manner or add to or detract form the provisions of this lease, that no assent or
the part of the Landlord, express or implied, to any breach or any one or more of the covenants o.
agreements hereto shall be deemed or taken to be a waiver of any succeeding or other breach or an)
continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of anv kind, at am
time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles. Among the excluded vehicles and things, but not limited to these, are commercia;
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and trucks other than,
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in the
roadway or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for arty returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the Landlord
that same day. If the check is received after the 10th of any month the $10.00 per day late fee will be
assessed
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominiun
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is only t(
accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express stipulatioi
and agreement that the Landlord shall not be liable for any loss of property stored in such storage spac(
or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property i
hereto attached and hereby made a part hereof as fully and to the same extent as though enumerate(
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy o
inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage
cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of S 7SO. UD
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be retain(
by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and f6
the faithful performance of all the terms, conditions and covenants of this lease. If at any time during
the term of this lease the Tenant shall be in default in the performance of any of the provisions of thi<
lease, the Landlord shall have the right to use said deposit or so much thereof as may be necessary it
payrnent of any rent in default as aforesaid and in payment of any damages sustained by Landlord It
premised and in payment for any cleaning that must be done if premises are not left clean, but to n(
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained by the Landlord. Tenant deposit is to &
refunded, without interest, after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that there is no damage to the premises except ordinary wear,
and provided premises are left clean. It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by the
Landlord or a change in said rental as to such possession, that such possession shall not be deemed a
renewal of this lease for the whole term or any part thereof, but that such Tenant shall be regarded as a
Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly
installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any instalhnent of rent, or
any portion thereof, or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given Aritten notice thereof Landlord may, at his option, without liability for trespass or
for damages; enter into and upon said premises, or a portion thereof-, declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all w: "-,)ut
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent.
7. 11, the etient said premises are rendered wlaliy ulti.c:nallWbki - bV lire ur older aauaity', 01' 1
the event the building of which the demised premises are a part be so injured or destroyed that tF.
Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent provide
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partial]
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenan
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; &
rent herein reserved, or a just and proportionate part thereof, according to the nature and extent of tl:
damage which has been sustained, shall be abated until said premises shall have been duly repaired an
restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of nor
payment of any sums arising under this lease, and in the event the matter is turned over to an attorne,
the prevailing party in such dispute shall be entitled, in addition to other damages or cost, to recen,
reasonable attorneys fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context require
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnership
singular to include plural and plural to include singular.
1. This lease may be enforced against both of us, our heirs, administrators, executor:
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manse
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon writte
notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the da
and year first above written.
)wcroft Properties)
1 ? ".5WAIP
(Tenant)
o- ?,
S'k-?-U
t-?' ?"? t- + Ar-) :3 (1 1591) .
n
Meadoweroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcr Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and F, czxz /?j ? ? ??? ("Tenant").
In consideration of the payment of the rent and the performance of the promises set forth
below, the landlord does hereby lease to the Tenant, Condominium Unit No. , Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family which consists of a adult and
, u 'children (aged N/A respectively), together with garage or parking place number storage
space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the c ndominium unit with all the appurten ce for a period
commencing at noon on the ay of 1114q 1[70 and ending at noon on the 3 ?p19(?
unless sooner terminated as provided in this 1 ase, for a rental of per month fo each
month of this lease payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually
and without demand. Any rental payments or other charges not received by the Landlord ten days' after
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
used
1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
2. To comply with all reasonable rules and regulations which the Landlord or the condominium
association may make for the protection of the building or the general welfare and comfort of the
Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted
4. Not to sublet any part of the premises nor assign this lease nor any interest therein without
the prior written consent of the Landlord.
i
. To use said premises for no purpose prohibited by the laws of the United States or the Statb
5
of Colorado or the ordinances of city or town in which the condominium is located, and to comply with
all police, fire and sanitary regulations imposed by any municipal, state and federal authority either now
in force Or hereinafter acted, and to use the premises for no improper or questionable purposes
whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about the
unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or wiring
without first obtaining the written consent of the Landlord; also, no awning, canopy, or shutter shall be
fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or exposed on or any
window, without proper written submittal to and approved by the Landlord; to keep no guest, roomers
or boarders without written consent of the Landlord; to keep the unit and every part thereof in good,
clean and sanitary condition and appearance, free from dirt, filth, waste or any inflammable or
dangerous material, also free from objectionable odors, and not to obstruct or place or permit to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways of
the building in which the unit is located, and to use the hallways and stairways only for ingress to or
egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's consent;
and to take good care of and keep the unit so as not to endanger either the premises or endanger
annoy any other occupant in the building. Not to commit, permit, or suffer any objectionable
disorderly conduct, noise or nuisance whatsoever about the premises on the part of the Tenant or on the
part of the members of his family or guests, or commit, permit or suffer anything to be done by any of
them that will disturb or interfere with the rights, comforts or conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any owners or
occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premises at
any time to make repairs, and to enter at any reasonable time to inspect the premises; to pemiit the
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages or
deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as well as
any lien for the benefit of the condominium association, and the Tenant agrees to execute and deliver
such further instrument or instruments subordinating this lease to the lien of any such deeds of trust as
may be desired by the holder thereof and the Tenant hereby appoints the Landlord as his attomey-in-
fact, irrevocably, to execute any such instrument on behalf of the tenant.
E
v
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not paid,
then the Landlord may, without being obligated to do so, and without terminating this lease, retake
possession of the said premises and rent the same for such rent, and upon such conditions as the
Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall be liable
for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all keys
peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the Landlord,
and to dispose of or rent any other portion of the building which the Landlord may own as the Landlord
elects; that the Tenant had relied solely on the statements contained in this lease and that he has read
and fully understands the lease and that no agent or representative of the Landlord has authority to
change this lease in any manner or add to or detract form the provisions of this lease; that no assent on
the part of the Landlord, express or implied, to any breach or any one or more of the covenants or
agreements hereto shall be deemed or taken to be a waiver of any succeeding or other breach or any
continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at any
time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles. Among the excluded vehicles and things, but not limited to these, are commercial
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and trucks other than
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in the
roadway or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the Landlord
that same day. If the check is received after the 10th of any month the $10.00 per day late fee will be
assessed.
11
THE PARTIES HERETO AGREE AS FOLLOWS:
E
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is only to
accommodate the Tenant, and the Tenant uses the same at his own risk upon the express stipulation
and agreement that the Landlord shall not be liable for any loss of property stored in such storage space
or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property is
hereto attached and hereby made a part hereof as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of
inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage,
cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 5-00
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be retained
by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and for
the faithful performance of all the terms, conditions and covenants of this lease. If at any time during
the term of this lease the Tenant shall be in default in the performance of any of the provisions of this
lease, the Landlord shall have the right to use said deposit or so much thereof as may be necessary payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord on ter
premised and in payment for any cleaning that must be done if premises are not left clean, but in no
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained by the Landlord. Tenant deposit is to be
refunded, without interest, after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that there is no damage to the premises except ordinary wear,
and provided premises are left clean. It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by the
Landlord or a change in said rental as to such possession, that such possession shall not be deemed a
renewal of this lease for the whole term or any part thereof, but that such Tenant shall be regarded as a
Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly
installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent, or
any portion thereof, or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or
for damages; enter into and upon said premises, or a portion thereof, declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all with(Aft
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent.
•
7. In the event said premises are rendered totally untenantable by fire or other casualty, or in
the event the building of which the demised premises are a part be so injured or destroyed that the
Landlord shall decide within a reasonable time not to repair. this lease shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant,
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the
rent herein reserved, or a just and proportionate part thereof, according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and
restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an attorney,
the prevailing party in such dispute shall be entitled, in addition to other damages or cost, to rc;ceive
reasonable attorney's fees from the other party.
9. kklhenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification by Meadoweroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written.
- ,ICY St-o.?.?? ?A4 ??n?-,r?-?P moo. w Y*VY-sue
?Enagi ent - Meadowcroft Properties)
Ji Funk
0
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Meadoweroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and ("Tenant").
In consideration of the payment of the rent and the performance of the promises set forth
below, the landlord does hereby lease to the Tenant, Condominium Unit No. ?E , Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado,
0371 Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private
residence (and for no other purpose whatsoever) for the Tenant's family which consists of
adult and /children (aged N/A respectively), together with garage or parking place number
,,-- storage space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO FOLD the condominunit with all the appurtenance for a period
commencing at noon on the L' day of s i d ending at noor on ,3 s??Ck??
unless sooner terminated as provided in this ease, for a rental of l per m nth or each
month of this lease payable in advance on or before noon on the first day of each calendar month of
said term at the office of the Landlord at the address set forth below. Tenant shall pay the rent
punctually and without demand. Any rental payments or other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and
electricity used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the .general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
f
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Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted. -t&o, ab
,0 -X
4. Tenant shall deposit with the Landlord the sum of $ 750- oD t
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be JJ
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof
as may be necessary in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if
premises are not left clean, but in no event will the Tenant be released from liability for the
difference between the amount of the deposit retained and the actual damage or loss of rent
sustained by the Landlord. Tenant deposit is to be refunded, without interest, after Tenant
completely vacated provided Tenant is not in default in any of the provisions of this lease an
provided that there is no damage to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood that the Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof, declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
E
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
?v
(Ma aging Age t - Meadowcroft Properties)
Jim F
l
(Tenant)
7K-
11
11
Y
Meadowcroft Properties
Sherwood Meadows
X. 0
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Jeff Freman ("Tenant"). In consideration of the payment of the rent
and the performance of the promises set forth below, the landlord does hereby lease to the Tenant,
Condominium Unit No. 2C, Sherwood Meadows Condominiums, according to the plat thereof, in
the County of Eagle, State of Colorado, 0371 Nottingham Road together with (a stove) (and a
refrigerator), to be used only as a private residence (and for no other purpose whatsoever) for the
Tenant's family which consists of 2 adult and no-children (aged N/A respectively), together with
garage or parking place number n/a_ storage space number N/A, and all common elements
appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1' day of July 1999, and ending at noon on the June 30, 2000, unless
sooner terminated as provided in this lease, for a rental of $ 1050 per month or"1^ each-mu n[h of this
lease payable in advance on or before noon on the first day of each calendar month of said term at
the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually and
without demand. Any rental payments or other charges not received by the Landlord ten days'
after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and
electricity used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and-owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
11
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
. 9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same.
E
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
?J
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 900.00 as a security deposit. This
deposit will be due when Tenant signs the lease. The sum shall be retained by the Landlord as
security for the payment by the Tenant of the rent herein agreed to be paid and for the faithful
performance of all the terms, conditions and covenants of this lease. If at any time during the term
of this lease the Tenant shall be in default in the performance of any of the provisions of this lease,
the Landlord shall have the right to use said deposit or so much thereof as may be necessary in
payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord
on the premised and in payment for any cleaning that must be done if premises are not left clean,
but in no event will the Tenant be released from liability for the difference between the amount of
the deposit retained and the actual damage or loss of rent sustained by the Landlord. Tenant
deposit is to be refunded, without interest, after Tenant completely vacated provided Tenant is not.
in default in any of the provisions of this lease an provided that there is no damage to the premises
except ordinary wear, and provided premises are left clean. It is expressly understood that the
Tenant is prohibited from applying any portion of such security deposit toward any rental payment
or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall be
regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease. 0
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
® attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to
corporations and co-partnerships, singular to include plural and plural to include
singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
Meadowcroft Properties)
Jim
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0
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Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Sean Rasso, Brian, Lee, and Kenleigh C. Hobby ("Tenant"). In
consideration of the payment of the rent and the performance of the promises set forth below, the
landlord does hereby lease to the Tenant, Condominium Unit No. IA, Sherwood Meadows
Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family which consists of 4 adult and
no children (aged N/A respectively), together with garage or parking place number no storage
space number N/A, and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1" day of November 1999, and ending at noon on the June 30 Df&-
unless sooner terminated as provided in this lease, for a rental of $ 1500 per month or each month
® of this lease payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent
punctually and without demand. Any rental payments or other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and
electricity used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. !Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior. parking areas shall not be used for any purpose other than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
11
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 1M 164)Q pqecsf i /SDd Los-r w,
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof
as may be necessary in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if
premises are not left clean, but in no event will the Tenant be released from liability for the
difference between the amount of the deposit retained and the actual damage or loss of rent
sustained by the Landlord- Tenant deposit is to--be refunded, without interest, after Tenant
completely- vacated 7 provided Tenant- is not- in default in any- of the-providom-of this lease an
provided that there is no damage to the premises except premises are
left clean. It is expressly understood that- the-Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, sabject, however, to all of ft other terms of this lease.
11
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former ,estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular to include plural and plural to include singular.
11
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
(Managing Agent - Meadowcroflt Properties)
Jim Funk
`?c,?? K uSS v
(4Ab c, 6-0/1)
(Tenant) 0
11
E ,(
f
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and -Henry Lawerance_ ("Tenant"). In consideration of the payment of the
rent and the performance of the promises set forth below, the landlord does hereby lease to the
Tenant, Condominium Unit No. _1D_, Sherwood Meadows Condominiums, according to the plat
thereof, in the County of Eagle, State of Colorado, 0371 Nottingham Road together with (a stove)
(and a refrigerator), to be used only as a private residence (and for no other purpose whatsoever)
for the Tenant's family which consists of _2_ adult and _1_children (aged N/A respectively),
together with garage or parking place number _na storage space number N/A, and all common
elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the _I' day of -June 1999, and ending at noon on the -May 30, 2000 ,
unless sooner terminated as provided in this lease, for a rental of $ 1500.00 per month for each
month of this lease payable in advance on or before noon on the first day of each calendar month of
said term at the office of the Landlord at the address set forth below. Tenant shall pay the rent
punctually and without demand. Any rental payments or other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, 'and to promptly pay for all water, gas, and
electricity used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
i
I
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time to make repairs, and to enter at any reasonable time to inspect the premises;
to permit the Landlord or his agent to show the said premises to persons wishing to lease or
purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
d
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
. 14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than.
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
.7
J
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ :5-0 0
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof
as may be necessary in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if
premises are not left clean, but in no event will the Tenant be released from liability for the
difference between the amount of the deposit retained and the actual damage or loss of rent
sustained by the Landlord. Tenant deposit is to be refunded, without interest, after Tenant
completely vacated provided Tenant is not in default in any of the provisions of this lease an
provided that there is no damage to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood that the Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
a
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other parry.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
IN WITNESS WIEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
- Meadoweroft Properties)
Jim Funk
E
' 13
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Kim Wilmoth ("Tenant"). In consideration of the payment of the rent and
the performance of the promises set forth below, the landlord does hereby lease to the Tenant,
Condominium Unit No. 2B, Sherwood Meadows Condominiums, according to the plat thereof, in the
County of Eagle, State of Colorado, 0371 Nottingham Road together with (a stove) (and a
refrigerator), to be used only as a private residence (and for no other purpose whatsoever) for the
Tenant's family which consists of 2 adult and one_children (aged N/A respectively), together with
garage or parking place number n/a_ storage space number N/A, and all common elements
appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the V day of July 1999, and ending at noon on the June 30, 2000, unless
sooner terminated as provided in this lease, for a rental of $ 1200 per month for each month of this
lease payable in advance on or before noon on the first day of each calendar month of said term at the
office of the Landlord at the address set forth below. Tenant shall pay the rent punctually and
without demand. Any rental payments or other charges not received by the Landlord ten days' after
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
40 without the prior written consent of the Landlord.
i
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about the
unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or wiring
without first obtaining the written consent of the Landlord; also, no awning, canopy, or shutter shall
be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or exposed on or any
window, without proper written submittal to and approved by the. Landlord; to keep no guest,
roomers or boarders without written consent of the Landlord; to keep the unit and every part thereof
in good, clean and sanitary condition and appearance, free from dirt, filth, waste or any inflammable
or dangerous material, also free from objectionable odors, and not to obstruct or place or permit to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways
of the building in which the unit is located, and to use the hallways and stairways only for ingress to
or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any owners
or occupants of adjoining property. .
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premises
at any time to make repairs, and to enter at any reasonable time to inspect the premises; to permit the
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages or
deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as well
as any lien for the benefit of the condominium association, and the Tenant agrees to execute and
deliver such further instrument or instruments subordinating this lease to the lien of any such deeds of
trust as may be desired by the holder thereof, and the Tenant hereby appoints the Landlord as his
attorney-in-fact, irrevocably, to execute any such instrument on behalf of the tenant.
11
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall be
liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the Landlord,
and to dispose of or rent any other portion of the building which the Landlord may own as the
Landlord elects; that the Tenant had relied solely on the statements contained in this lease and that he
has read and fully understands the lease and that no agent or representative of the Landlord has
authority to change this lease in any manner or add to or detract form the provisions of this lease; that
no assent on the part of the Landlord, express or implied, to any breach or any one or more of the
covenants or agreements hereto shall be deemed or taken to be a waiver of any succeeding or other
breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles. Among the excluded vehicles and things, but not limited to these, are commercial
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and trucks other than
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in
the roadway or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the
Landlord that same day. If the check is received after the 10th of any month the $10.00 per day late
fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
E
2. If any storage is provided by the Landlord, it is understood that the storage space is only
to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in such
storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property
is hereto attached and hereby made a part hereof as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of
inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any
damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 1200.00 as a security deposit. This
deposit will be due when Tenant signs the lease. The sum shall be retained by the Landlord as
security for the payment by the Tenant of the rent herein agreed to be paid and for the faithful
performance of all the terms, conditions and covenants of this lease. If at any time during the term of
this lease the Tenant shall be in default in the performance of any of the provisions of this lease, the
Landlord shall have the right to use said deposit or so much thereof as may be necessary in payment
of any rent in default as aforesaid and in payment of any damages sustained by Landlord on the
premised and in payment for any cleaning that must be done if premises are not left clean, but in no
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained by the Landlord. Tenant deposit is to be
refunded, without interest, after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that there is no damage to the premises except ordinary wear,
and provided premises are left clean. It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall be
regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to the
last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent,
or any portion thereof, or in default of any of the covenants or agreements herein
contained to be performed by the Tenant, which default shall be uncorrected for a period
of three (3) days after Landlord has given written notice thereof, Landlord may, at his
option, without liability for trespass or for damages; enter into and upon said premises, or
a portion thereof; declare the terms of this lease ended; repossess the said premises as of
the Landlord's former estate; expel and remove the Tenant, those claiming under him, or
any person or persons occupying the same and their effects; all without prejudice to any
other remedies available to the Landlord for arrears of rent or breach of convent.
E
7. In the event said premises are rendered totally untenantable by fire or other casualty, or in
the event the building of which the demised premises are a part be so injured or destroyed that the
Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant.
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the
rent herein reserved, or a just and proportionate pan thereof, according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and
restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an attomev,
the prevailing parry in such dispute shall be entitled, in addition to other damages or cost, to receive
reasonable attorneN?s fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
® successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification by Meadowcroft Properties.
IN NNITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written.
Meadowcroflt Properties)
Jim
enant)
11
Y ?
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Errol King ("Tenant"). In consideration of the payment of the rent and
the performance of the promises set forth below, the landlord does hereby lease to the Tenant,
Condominium Unit No.2E, Sherwood Meadows Condominiums, according to the plat thereof, in the
County of Eagle, State of Colorado, 0371 Nottingham Road together with (a stove) (and a
refrigerator), to be used only as a private residence (and for no other purpose whatsoever) for the
Tenant's family which consists of 1 adult and N/A children (aged N/A respectively), together with
garage or parking place number N/A storage space number N/A, and all common elements
appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1ST day of June 1999, and ending at noon on the May 31, 2000, unless
sooner terminated as provided in this lease, for a rental of $ 750.00 per month for each month of this
lease payable in advance on or before noon on the first day of each calendar month of said term at the
office of the Landlord at the address set forth below. Tenant shall pay thea rent punctually and.
without demand. Any rental payments or other charges not received by the Landlord ten days' after
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
1
a
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal, state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about the
unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or wiring
without first obtaining the written consent of the Landlord; also, no awning, canopy, or shutter shall
be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or exposed on or any
window, without proper written submittal to and approved by the Landlord; to keep no guest,
roomers or boarders without written consent of the Landlord; to keep the unit and every part thereof
in good, clean and sanitary condition and appearance, free from dirt, filth, waste or any inflammable
or dangerous material, also free from objectionable odors, and not to obstruct or place or permit to be
placed any dirt, rubbish, article or other thing in any of the plumbing fixtures, hallways, or stairways
of the building in which the unit is located, and to use the hallways and stairways only for ingress to
or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and- keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any owners
or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the premises
at any time to make repairs, and to enter at any reasonable time to inspect the premises; to permit the
Landlord or his agent to show the said premises to persons wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages or
deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as well
as any lien for the benefit of the condominium association, and the Tenant agrees to execute and
deliver such further instrument or instruments subordinating this lease to the lien of any such deeds of
trust as may be desired by the holder thereof, and the Tenant hereby appoints the Landlord as his
attorney-in-fact, irrevocably, to execute any such instrument on behalf of the tenant.
11
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall be
liable for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the Landlord,
and to dispose of or rent any other portion of the building which the Landlord may own as the
Landlord elects; that the Tenant had relied solely on the statements contained in this lease and that he
has read and fully understands the lease and that no agent or representative of the Landlord has
authority to change this lease in any manner or add to or detract form the provisions of this lease; that
no assent on the part of the Landlord, express or implied, to any breach or any one or more of the
covenants or agreements hereto shall be deemed or taken to be a waiver of any succeeding or other
breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles. Among the excluded vehicles and things, but not limited to these, are commercial
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and trucks other than
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in
the roadway or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the
Landlord that same day. If the check is received after the 10th of any month the $10.00 per day late
fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
A
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is only
to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in such
storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property
is hereto attached and hereby made a part hereof as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of
inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any
damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 16-0
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of the
provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof as
may be necessary in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if premises
are not left clean, but in no event will the Tenant be released from liability for the difference between
the amount of the deposit retained and the actual damage or loss of rent sustained by the Landlord.
Tenant deposit is to be refunded, without interest, after Tenant completely vacated provided Tenant is
not in default in any of the provisions of this lease an provided that there is no damage to the
premises except ordinary wear, and provided premises are left clean. It is expressly understood that
the Tenant is prohibited from applying any portion of such security deposit toward any rental
payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall be
regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to the
last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent,
or any portion thereof, or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass
or for damages; enter into and upon said premises, or a portion thereof, declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all without
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent. 10
7. In the event said premises are rendered totally untenantable by fire or other casualty, or in
the event the building of which the demised premises are a part be so in or destroyed that the
Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant,
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the
rent herein reserved, or a just and proportionate part thereof, according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly repaired and
restored.
S. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an attorney,
the prevailing party in such dispute shall be entitled, in addition to other damages or cost, to receive
reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by I\Ieadowcroft Properties, as Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written.
?perties)
L-4i %?z
(Tenant)
E
e
f
Meadowcroft Properties
Sherwood Meadows
Condominium Lease Agreement
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and Ted Hanley and Ray McGervey ("Tenant"). In consideration of the
payment of the rent and the performance of the promises set forth below, the landlord does hereby
lease to the Tenant, Condominium Unit No. _2B_, Sherwood Meadows Condominiums, according
to the plat thereof, in the County of Eagle, State of Colorado, 0371 Nottingham Road together with
(a stove) (and a refrigerator), to be used only as a private residence (and for no other purpose
whatsoever) for the Tenant's family which consists of _2_ adult and _no children (aged N/A
respectively), together with garage or parking place number _n/a storage space number N/A,
and all common elements appurtenant thereto.
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 1°` day of October, and ending at noon on the September 30, 20000 or
less sooner terminated as provided in this lease, for a rental of $1200.00 per month for each month
of this lease payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent
punctually and without demand. Any rental payments or other charges not received by the
Landlord ten days' after they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and
electricity used.
2. To comply with all reasonable rules and regulations which the Landlord or the
condominium association may make for the protection of the building or the general welfare and
comfort of the Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted. Further the tenant agrees that repairs determined to be necessary due to
abuse or misuse of the units appliances or other amenities shall be at the tenants and not landlords
expense. This provision shall additionally apply to the plumbing and electrical systems if it is
determined the tenants actions contributed to the need for repair.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein
without the prior written consent of the Landlord.
5. To use said premises for no purpose prohibited by the laws of the United States or the
State of Colorado or the ordinances of city or town in which the condominium is located, and to
comply with all police, fire and sanitary regulations imposed by any municipal,. state and federal
authority either now in force or hereinafter acted, and to use the premises for no improper or
questionable purposes whatsoever.
6. Tenant agrees not to drive nails, tacks or screws into the walls, ceilings or doors or
woodwork of the said condominium, nor to make any additions, alterations or repairs in or about
the unit, nor to install any aerials, antennas or wiring or to connect to any existing antennas or
wiring without first obtaining the written consent of the Landlord; also, no awning, canopy, or
shutter shall be fixed to or placed upon the exterior walls, doors, roof, or any part thereof, or
exposed on or any window, without proper written submittal to and approved by the Landlord; to
keep no guest, roomers or boarders without written consent of the Landlord; to keep the unit and
every part thereof in good, clean and sanitary condition and appearance, free from dirt, filth, waste
or any inflammable or dangerous material, also free from objectionable odors, and not to obstruct
or place or permit to be placed any dirt, rubbish, article or other thing in any of the plumbing
fixtures, hallways, or stairways of the building in which the unit is located, and to use the hallways
and stairways only for ingress to or egress from the unit.
7. Tenant agrees not to throw or permit anything or be thrown from the unit; to place no
additional locks or change any locks upon any of the doors of the unit without the Landlord's
consent; and to take good care of and keep the unit so as not to endanger either the premises or
endanger or annoy any other occupant in the building. Not to commit, permit, or suffer any
objectionable or disorderly conduct, noise or nuisance whatsoever about the premises on the part of
the Tenant or on the part of the members of his family or guests, or commit, permit or suffer
anything to be done by any of them that will disturb or interfere with the rights, comforts or
conveniences of other tenants.
8. Tenant agrees to neither hold nor attempt to hold the Landlord, or his agents or servants
liable for any injury or damage to person or property either proximate or remote, no matter how
occasioned, or for any injury or damage arising from the acts of any other occupant or of any
owners or occupants of adjoining property.
9. Tenant agrees to allow the Landlord or any employee of the building to enter the
premises at any time to make repairs, and to enter at any reasonable time to inspect the
premises; to permit the Landlord or his agent to show the said premises to persons
wishing to lease or purchase same.
10. Tenant agrees that this lease shall be subordinate to the lien of any existing mortgages
or deeds of trust, and all deeds of trust which may be made a lien on the premises in the future, as
well as any lien for the benefit of the condominium association, and the Tenant agrees to execute
and deliver such further instrument or instruments subordinating this lease to the lien of any such
deeds of trust as may be desired by the holder thereof, and the Tenant hereby appoints the
Landlord as his attorney-in-fact, irrevocably, to execute any such instrument on behalf of the
tenant.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not
paid, then the Landlord may, without being obligated to do so, and without terminating this lease,
retake possession of the said premises and rent the same for such rent, and upon such conditions as
the Landlord may think best, making such change and repairs as my be required, giving credit for
the amount of rent so received, less all expenses of such changes and repairs, and the Tenant shall
be liable for the balance of the rent reserved horein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all
keys peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the
Landlord, and to dispose of or rent any other portion of the building which the Landlord may own
as the Landlord elects; that the Tenant had relied solely on the statements contained in this lease
and that he has read and fully understands the lease and that no agent or representative of the
Landlord has authority to change this lease in any manner or add to or detract form the provisions
of this lease; that no assent on the part of the Landlord, express or implied, to any breach or any
one or more of the covenants or agreements hereto shall be deemed or taken to be a waiver of any
succeeding or other breach or any continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at
any time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the
property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to
park automobiles. Among the excluded vehicles and things, but not limited to these, are
commercial vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and
trucks other than personal pick-ups and vans. No vehicles shall be stored (parked for more than
three days) on the Project. No vehicle shall be parked on the common Project roadways or in such
manner as to impede ready access to another Units parking space or driveway. There will be no
allowance for parking in the roadway or in the fire lanes for emergency vehicle access reasons.
Vehicles in violation will be ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
n
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is
notified that the check has been returned the Tenant shall submit cash or a certified bank check to
the Landlord that same day. If the check is received after the 10th of any month the $10.00 per
day late fee will be assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association.
2. If any storage is provided by the Landlord, it is understood that the storage space is
only to accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express
stipulation and agreement that the Landlord shall not be liable for any loss of property stored in
such storage space or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal
property is hereto attached and hereby made a part hereof as fully and to the same extent as though
enumerated herein, and the Tenant acknowledges that all of said items, except as noted on
Landlord's copy of inventory, are in good order and condition, and Tenant agrees to pay all costs
of repairing any damage, cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $ 1200.00
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be
retained by the Landlord as security for the payment by the Tenant of the rent herein agreed to be
paid and for the faithful performance of all the terms, conditions and covenants of this lease. If at
any time during the term of this lease the Tenant shall be in default in the performance of any of
the provisions of this lease, the Landlord shall have the right to use said deposit or so much thereof
as may be necessary in payment of any rent in default as aforesaid and in payment of any damages
sustained by Landlord on the premised and in payment for any cleaning that must be done if
premises are not left clean, but in no event will the Tenant be released from liability for the
difference between the amount of the deposit retained and the actual damage or loss of rent
sustained by the Landlord. Tenant deposit is to be refunded, without interest, after Tenant
completely vacated provided Tenant is not in default in any of the provisions of this lease an
provided that there is no damage to the premises except ordinary wear, and provided premises are
left clean. It is expressly understood that the Tenant is prohibited from applying any portion of
such security deposit toward any rental payment or other charges.
11
i
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by
the Landlord or a change in said rental as to such possession, that such possession shall not be
deemed a renewal of this lease for the whole term or any part thereof, but that such Tenant shall
be regarded as a Tenant from month to month at a monthly rental payable in advance, equivalent to
the last monthly installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of
rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to
be performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for
trespass or for damages; enter into and upon said premises, or a portion thereof; declare the terms
of this lease ended; repossess the said premises as of the Landlord's former estate; expel and
remove the Tenant, those claiming under him, or any person or persons occupying the same and
their effects; all without prejudice to any other remedies available to the Landlord for arrears of
rent or breach of convent.
7. In the event said premises are rendered totally untenantable by fire or other casualty, or
in the event the building of which the demised premises are a part be so injured or destroyed that
the Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent
provided herein shall be paid up to the date of such injury or damage. If the leased premises shall
be partially destroyed or injured by fire or other casualty, not arising from the fault or negligence
of the Tenant, Landlord shall repair the same with reasonable diligence after notice of such
destruction or injury; the rent herein reserved, or a just and proportionate part thereof, according
to the nature and extent of the damage which has been sustained, shall be abated until said premises
shall have been duly repaired and restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an
attorney, the prevailing party in such dispute shall be entitled, in addition to other damages or cost,
to receive reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context
requires they shall be deemed to refer equally to persons of both sexes and to corporations and co-
partnerships, singular to include plural and plural to include singular.
11
i
I
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executors,
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to
manage the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors
upon written notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the
day and year first above written.
- Meadowcroft Properties
Jim
/% /V'?9 0
`
CA(Tenant)4e
?J
J t. V C? ? I
A
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Meadoweroft Properties
Sherwood Meadows
Condominium Lease Agreement`
THIS LEASE is made between Meadowcroft Properties ("Landlord") of 9 Burr Road,
Wesport, CT 06880 and ("Tenant").
In consideration of the payment of the rent and the performance of the promises set forth
below, the landlord does hereby lease to the Tenant, Condominium Unit No. j# , Sherwood
Meadows Condominiums, according to the plat thereof, in the County of Eagle, State of Colorado, 0371
Nottingham Road together with (a stove) (and a refrigerator), to be used only as a private residence
(and for no other purpose whatsoever) for the Tenant's family which consists of 2 adult and
_ / children (aged N/A respectively), together with garage or parking place number:+torage
space number N/A, and all common elements appurtenant thereto. ?l ''
TO HAVE AND TO HOLD the condominium unit with all the appurtenance for a period
commencing at noon on the 151 day of,; %Am K! l1K and ending at noon on the 1,
unless sooner terminated as provided in this lease, for a rental o :::f-0 per !non for each
month of this lease payable in advance on or before noon on the first day of each calendar month of said
term at the office of the Landlord at the address set forth below. Tenant shall pay the rent punctually
and without demand. Any rental payments or other charges not received by the Landlord ten days' after
they are due will be assessed a late charge of $10 per day.
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES,
AGREES AS FOLLOWS:
1. To pay the rent as above provided, and to promptly pay for all water, gas, and electricity
used
2. To comply with all reasonable rules and regulations which the Landlord or the condominium
association may make for the protection of the building or the general welfare and comfort of the
Tenant's and owners.
3. To keep the unit in as good order and condition as when the same were entered by the
Tenant, loss by fire, or inevitable accident (except when caused by the negligence of the Tenant) or
ordinary wear excepted.
4. Not to sublet any part of the premises nor assign this lease nor any interest therein without
the prior written consent of the Landlord.
11. Tenant agrees in the event the premises are left vacant and any part of the rent is not paid"'
then the Landlord may, without being obligated to do so, and without terminating this lease, retake
possession of the said premises and rent the same for such rent, and upon such conditions as the
Landlord may think best, making such change and repairs as my be required, giving credit for the
amount of rent so received, less all expenses of such changes and repairs, and,.the Tenant shall be liable
for the balance of the rent reserved herein until the expiration of the term of this lease.
12. Tenant agrees upon termination of this lease, whether as above provided, or whether
terminated any other way, the said Tenant agrees to surrender and deliver up the premises and all keys
peaceably to the Landlord immediately upon termination.
13. Tenant acknowledges that the Landlord retains the unrestricted right to change, alter,
abolish, or add to any of the appurtenances or the leased premises, as may seem best to the Landlord,
and to dispose of or rent any other portion of the building which the Landlord may own as the Landlord
elects, that the Tenant had relied solely on the statements contained in this lease and that he has read
and fully understands the lease and that no agent or representative of the Landlord has authority to
change this lease in any manner or add to or detract form the provisions of this lease; that no assent on
the part of the Landlord, express or implied, to any breach or any one or more of the covenants or
agreements hereto shall be deemed or taken to be a waiver of any succeeding or other breach or any
continuation of such breach.
14. Tenant agrees not to keep or harbor, in or on the premises, any animal of any kind, at a*
time. A fee of $50.00 per day will be charged to any Tenant who has a visiting pet on the property.
15. Tenant agrees exterior parking areas shall not be used for any purpose other than to park
automobiles. Among the excluded vehicles and things, but not limited to these, are commercial
vehicles, campers, motor homes, mobile home, trailers, boats, snowmobiles, and trucks other than
personal pick-ups and vans. No vehicles shall be stored (parked for more than three days) on the
Project. No vehicle shall be parked on the common Project roadways or in such manner as to impede
ready access to another Units parking space or driveway. There will be no allowance for parking in the
roadway or in the fire lanes for emergency vehicle access reasons. Vehicles in violation will be
ticketed and towed at Tenants expense.
16. Tenant agrees not to keep tents, toys, etc. on any grass area or common area.
17. Tenant agrees to pay a $15.00 fee for any returned checks. The day the Tenant is notified
that the check has been returned the Tenant shall submit cash or a certified bank check to the Landlord
that same day. If the check is received after the 10th of any month the $10.00 per day late fee will be
assessed.
THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Landlord agrees to pay all dues to, and assessments levied by, the condominium
association. 0
2. If any storage is provided by the Landlord, it is understood that the storage space is only to
accommodate the Tenant, and the Tenant uses the same at his own risk, upon the express stipulation
and agreement that the Landlord shall not be liable for any loss of property stored in such storage space
or any damage or injury or loss whatsoever.
3. If the said demised are furnished, the inventory of said furnishings and personal property is
hereto attached and hereby made a part hereof as fully and to the same extent as though enumerated
herein, and the Tenant acknowledges that all of said items, except as noted on Landlord's copy of
inventory, are in good order and condition, and Tenant agrees to pay all costs of repairing any damage,
cleaning, laundering or replacing same, ordinary wear excepted.
4. Tenant shall deposit with the Landlord the sum of $
as a security deposit. This deposit will be due when Tenant signs the lease. The sum shall be retained
by the Landlord as security for the payment by the Tenant of the rent herein agreed to be paid and for
the faithful performance of all the terms, conditions and covenants of this lease. If at any time during
the term of this lease the Tenant shall be in default in the performance of any of the provisions of this
lease, the Landlord shall have the right to use said deposit or so much thereof as may be necessary in
payment of any rent in default as aforesaid and in payment of any damages sustained by Landlord on the
premised and in payment for any cleaning that must be done if premises are not left clean, but in no
event will the Tenant be released from liability for the difference between the amount of the deposit
retained and the actual damage or loss of rent sustained by the Landlord. Tenant deposit is to be
refunded, without interest, after Tenant completely vacated provided Tenant is not in default in any of
the provisions of this lease an provided that there is no damage to the premises except ordinary wear,
and provided premises are left clean. It is expressly understood that the Tenant is prohibited from
applying any portion of such security deposit toward any rental payment or other charges.
5. It is agreed that if after the expiration of this lease the Tenant, with permission of the
Landlord, shall remain in possession of said premises, without written agreement of notification by the
Landlord or a change in said rental as to such possession, that such possession shall not be deemed a
renewal of this lease for the whole term or any part thereof, but that such Tenant shall be regarded as a
Tenant from month to month at a monthly rental payable in advance, equivalent to the last monthly
installment hereunder, subject, however, to all of the other terms of this lease.
6. It is agreed that if the Tenant shall be in arrears in the payment of any installment of rent, or
any portion thereof, or in default of any of the covenants or agreements herein contained to be
performed by the Tenant, which default shall be uncorrected for a period of three (3) days after
Landlord has given written notice thereof, Landlord may, at his option, without liability for trespass or
for damages; enter into and upon said premises, or a portion thereof; declare the terms of this lease
ended; repossess the said premises as of the Landlord's former estate; expel and remove the Tenant,
those claiming under him, or any person or persons occupying the same and their effects; all without
prejudice to any other remedies available to the Landlord for arrears of rent or breach of convent.
r
?J
I 1
7. In the event said premises are rendered totally untenantable by fire or other casualty, or 0
the event the building of which the demised premises are a part be so injured or destroved that the
Landlord shall decide within a reasonable time not to repair, this lease shall cease and the rent provided
herein shall be paid up to the date of such injury or damage. If the leased premises shall be partially
destroyed or injured by fire or other casualty, not arising from the fault or negligence of the Tenant,
Landlord shall repair the same with reasonable diligence after notice of such destruction or injury; the
rent herein reserved, or a just and proportionate part thereof; according to the nature and extent of the
damage which has been sustained, shall be abated until said premises shall have been duly, repaired and
restored.
8. In the event of any dispute arising under the terms of this lease, or in the event of non-
payment of any sums arising under this lease, and in the event the matter is turned over to an attorney,
the prevailing party in such dispute shall be entitled, in addition to other damages or cost, to receive
reasonable attorney's fees from the other party.
9. Whenever the words "Landlord" and "Tenant" are used in this lease, as the context requires
they shall be deemed to refer equally to persons of both sexes and to corporations and co-partnerships,
singular to include plural and plural to include singular.
GENERAL
1. This lease may be enforced against both of us, our heirs, administrators, executob
successors and assigns.
2. Mr. Jim Funk has been engaged by Meadowcroft Properties, as Managing Agent, to manage
the premises and the Tenant hereby agrees to deal with Mr. Jim Funk or his successors upon written
notification by Meadowcroft Properties.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day
and year first above written.
Jim
- Meadowcrof t Properties)
(Tenant)
11
4 J
EXHIBIT C
STATEMENT OF AMOUNT OF MONTHLY CONDOMINIUM FEES
FOR PURPOSES OF §15 OF THE CONTRACT, SELLER REPRESENTS THAT
THE REGULAR OWNERS' ASSOCIATION ASSESSMENT IS CURRENTLY
PAYABLE IN THE FOLLOWING MONTHLY AMOUNTS FOR THE INDICATED
UNITS:
SHERWOOD lA $295
SHERWOOD 1C $295
SHERWOOD 1D $295
SHERWOOD 2B $235
SHERWOOD 2C $235
SHERWOOD 2E $110
SHERWOOD 2F $110
SHERWOOD 3A $295
SHERWOOD 3B $295
SHERWOOD 4B $235
SHERWOOD 4D $110
11
4 ,
EXHIBIT D 9
STATE WITHHOLDING TAX DISCLOSURE
THE SELLER HAS BEEN ADVISED THAT UNDER COLORADO LAW, A TITLE
INSURANCE COMPANY OR OTHER PERSON RESPONSIBLE FOR CLOSING
THE SALE OF COLORADO REAL PROPERTY MAY BE REQUIRED TO
WITHHOLD COLORADO STATE INCOME TAX EQUAL TO THE LESSER OF
TWO PERCENT OF THE SALE PRICE OR THE NET PROCEEDS EARNED
FROM THE SALE OF COLORADO REAL PROPERTY. ALTHOUGH THIS LAW
APPLIES TO NON-RESIDENT SELLERS, SELLER MAY SATISFY AN
EXCEPTION TO THIS WITHHOLDING REQUIREMENT.
LJ
A 4
0 EXHIBIT E
REPRESENTATION REGARDING FOREIGN OWNERSHIP
(A) SELLER REPRESENTS THAT PART OR ALL OF THE
PROPERTY IS OWNED BY A FOREIGN INTEREST, WITHER PERSONAL,
CORPORATE, OR OTHERWISE. SELLER AGREES TO SIGH A COPY OF AN
AFFIDAVIT AS PART OF THE CLOSING PAPERS TO VERIFY THESE FACTS
FOR THE INTERNAL REVENUE SERVICE.
(B) SELLER REPRESENTS THAT NO PART OF THE PROPERTY IS
OWNED BY A FOREIGN INTEREST, WITHER PERSONAL, CORPORATE, OR
OTHERWISE. SELLER AGREES TO SIGH A COPY OF AN AFFIDAVIT AS PART
OF THE CLOSING PAPERS TO VERIFY THESE FACTS FOR THE INTERNAL
REVENUE SERVICE.
.7
4 _ ,
The printed portions of this form approved by the I THIS DISCLOSURE SHOULD BE
Agiderado Real Estate Commission. (1,08-9-95) COMPLETED BY THE SELLER.
SELLER'S PROPERTY DISCLOSURE
Date:
Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of the above
date. Broker may deliver a copy of this Disclosure to prospective buyers.
PROPERTY ADDRESS
1. THE FOLLOWING ARE IN THE CONDITIONS INDICATED:
a. APPLIANCES
NONEMT
GLIDED
NOT
V MtKING
WORKING
DO NOT
KNOW
Built-in Vacuum System
Clothes Dryer
Clothes Washer
Dishwasher
Disposal
Freezer
Gas Grill
Hood
Microwave Oven
Oven
Range
Refrifor
Room Air Conditioner
T.V. Antenna/Dish
Trash Compactor
b. ELECTRICAL SYSTEM
Air Purifier
urglar Alarm
ling Fan
ge Door Operier/Control(s)
Inside Telephone Wiring
and Blocks/Jacks
Intercom
Light Futures
Sauna
Smoke/Fire Alarm
Switches k Outlets
Telephone Instruments
Vent Fan
220 Volt Service
a HEATING AND COOLING SYSTEM
Attic Fan
Central Air Conditioning
Evaporative Cooler
Fireplace/Wood
Fireplace/Gas
Fi lacellnsert
Furnace/Heat-Electric
Furnace/Heat-Gias
Humidifier
Propane Tank
Solar House-Heating
Woodburning Stove
d. WATER SYSTEMS
Cistem
Hot Tbb
umbing
Septic/Leaching Field
Sump Pump
Underground Sprinkler
Water Heater/Electric
Water Heat /Gas
Water Heater/Solar
Water Purifier
Water Softener
wen
wen Permit #
2. ROOF:
Age (if known): Years
YES
NO
DO NOT
KNOW
a. Does the roof leak?
b. Is there present damage to the roor
a Is the roof under warranty?
d. Is the warranty transferable?
e. Expiration date of warranty:
3. ENERGY EFFICIENCY:
Has the Property had an Energy Rated
Homes of Colorado (ERHC) Certificate?
If yes, when was the Property rated?
If yes, what was the rating? I 2 3 4 5
4. HAZARDOUS CONDITIONS:
Are there any hazardous conditions on the Property such as:
Methane gas?
Lead-based paint?
Radon gas in house or well?
Radioactive material?
Landfill?
Mineshaft or tunnel?
Expansive soil?
Toxic materials?
Urea-forrnaldehyde foam insulation?
Asbestos insulation?
If yes to any of the above, explain under additional
The EPA encourages all buyers to test the Property for radon.
5. OTHER DISCLOSURES:
a. Are the improvements connected to public
water system?
sewer system?
privatetc mrmunity water system?
private/oommunity sewer system?
b. Do improvements have aluminum wiring?
a Are any trees or shrubs diseased or dead?
d. Are there any encroachments?
e. Are there any:
zonin violations?
building code violations?
restrictive covenant violations?
f. Is the present use a nonconforming use?
g. Have you received any notices of any adverse
conditions about the property fmm any gov-
ernmental or quasi agency?
h. Are there any structural problems with
the improvements?
i. Have any substantial additions or altera-
tions been made to the Property without
a required building permit?
j. Are there moisture and/or water
problems in basement or crawl space?
k. Is there any damage due to wind, fire,
flood, termites or rodents?
1. Have you kept pets in the Property?
m. When was fireplacetwood stove,
chimney/flue last cleaned? Date:
6. ADDITIONAL COMMENTS AND/OR EXPLANATIONS: (Use additional
pages if necessary)
Ttw information m toinxt in this rlic lnanrr hoc two fi-;cf aA hu th^
0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 8, 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 Protem Bob McIlveen at 5:30 PM. A roll call
was taken with Councilors Jim Benson, Debbie Buckley, Rick Cuny, Mac McDevitt, and
Buz Reynolds present. Mayor Judy Yoder was absent. 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, Fire Chief Charlie
Moore, Town Engineer Norm Wood, Town Planner Karen Griffith, Executive Assistant
Jacquie Halburnt as well as members of the press and public.
Ordinances
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,
Eagle County, Colorado
Mayor Protem McIlveen stated this is a public hearing.
Community Development Director Matzko stated this is a subdivision of a four-plex lot
into two duplexes rather than one four-plex. The units are smaller than normal,
approximately 3,000 square feet each. The height is set at 32 feet maximum, 35 feet is
allowed. The lot coverage for the entire project is 13%.
There being no comments from the public, Mayor Protem McIlveen closed the public
hearing.
Councilor Cuny motioned approval of Ordinance No. 00-01, Series of 2000, on second
reading. Councilor Benson seconded the motion.
Mayor Protem McIlveen asked for a roll call.
The motion carried unanimously.
Ordinance
0 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
Community Development Director Matzko stated this ordinance would be the approving
document for the PUD Development Plan for Lot C. In October, 1998, the property was
rezoned from Town Center to PUD. At that time the zoning and development standards
were adopted by Council. This ordinance would approve the specific development plan
which describes the development that would take place on the project. The ordinance
also authorizes the Mayor to execute a development agreement with the property owner.
The project consists of 133 time share units, 125 hotel rooms, 20 deed restricted
employee units, and 31,850 sq. ft. of gross leasable floor area of retail/office/commercial.
Councilor Benson motioned approval of Ordinance No. 00-02, Series of 2000, on first
reading. Councilor Buckley seconded the motion.
Mayor Protein McIlveen asked for a roll call.
The motion carried unanimously.
Town Manager Report
Town Manager Efting encouraged residents of Avon and the county to participate in the
I-70 corridor environmental impact study public hearings that will be taking place over
the next several months. Town staff will attend those meetings. The Town will also be
advertising those public hearings in the papers.
Mayor Report
Mayor Protein McIlveen stated information will be forthcoming on the fire district
proposal and May ballot issue. Information will be distributed to representatives of the
Town and metropolitan districts over the next few weeks.
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
® Councilor Buckley motioned to approve the Consent Agenda. Councilor McDevitt
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor Cuny motioned to
adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried
unanimously, and the meeting adjourned at 5:38 p.m.
APPROVED:
Jim Benson
Debbie Buckley
® Rick Cuny
Mac McDevitt
Bob McIlveen
Buz Reynolds
Judy Yoder
Kris Nash,
E
® RESOLUTION NO. 2000-12
SERIES OF 2000
RESOLUTION ESTABLISHING A TOWN OF AVON COMMITTEE ON
DISPOSITION OF FORFEITED PROPERTY
WHEREAS the Town of Avon is desirous of providing for the receipt and
expenditure of property or proceeds which has been forfeited pursuant to State or Federal
Law, and
WHEREAS Colorado State Statutes provide for the creation of a committee to
approve the use or expenditure of forfeited proceeds,
NOW THEREFORE BE IT RESOLVED THAT THERE IS HEREBY
ESTABLISHED THE TOWN OF AVON COMMITTEE ON DISPOSITION OF
FORFEITED PROPERTY, AS FOLLOWS:
Section 1. That such committee shall consist of the district attorney of Eagle
County or designee, the Town of Avon Police Chief or Acting Police Chief, and a
representative of the Town Council.
® Section 2. The members of the committee may select other members to serve on
the committee by unanimous agreement.
Section 3. The committee shall meet as necessary to approve the use of forfeited
property or the expenditure of forfeited proceeds.
Section 4. The committee shall, each year, submit a written report to the Town
Council concerning forfeited moneys or property received during the year and an
accounting of how such monies were expended during the year.
ADOPTED this 22nd day of February, 2000.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
E
ATTEST:
Kris Nash, Town Clerk
0 Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From : Norm Wood, Town Engineer
Date: February 18, 2000
Re: Avon Fire Station Remodel
Construction Bids
E
Summary: Bids for construction of the Avon Fire Station Remodel
were opened February 16, 2000. The one Bid submitted in response to the published
Advertisement for Bids was by Harney-Naill, Inc. with a Base Bid of $169,021.00 and a
Bid for Alternate No. 1 (New Waiting Room, New Administrative Assistant's Office and
New Copy Room) of an additional $ 13,806.00. The Harney-Naill, Inc. Base Bid is within
the current Project Budget of $ 187,000.00.
The Bid was submitted with an Attachment excluding certain items from the designated
electrical work. The attachment proposes that this work be performed on a Time &
Materials basis. The excluded work is generally related to removal of the large motor
control center and installation and connection of automatic startup and switching controls
for the emergency generator. The Architect's electrical engineer has indicated the potential
cost of the excluded work could be in the range of $30,000 to $40,000. Cost of materials
alone for the automatic startup and switching for the emergency generator may be in the
range of $10,000 to $15,000. With the elimination of these controls, the generator would
continue to function as currently installed for the Y2K emergency. Elimination of the
emergency generator controls and clarification of requirements for elimination of the motor
control center should reduce these potential costs substantially.
.7
CAMy Documents\CptlpTOJ\Smlpg99\Fire Ste RmoM Bid Memo.Dm
1
The proposed project budget would consist of 0
Construction Contract $ 169,021
Architect Services 8,450
Testing Services 800
Contract Administration 250
Contingencies @ 4.75% 8,479
Total Recommended Project Budget $ 187,000
Subsequently, we recommend award of a contract, to Harney-Naill, Inc. based on their
Base Bid of $169,021.00 for construction of the Avon Fire Station Remodel and with the
exclusion of all automatic switching and controls related to the emergency generator.
Copies of the Harney-Naill, Inc. Bid and the Architect's Cost Estimate are attached. The
Architect's Estimate of Probable Construction Costs was $186,858.
Discussion: This project has the potential for some cost overrun due to unknown
conditions of an existing structure. However, we believe that with careful monitoring,
elimination of automatic controls for the emergency generator and minor design work
regarding the motor control center, these can be kept to a minimum.
This recommendation has excluded Bid Alternate Number 1 (New Waiting Room, New
Administrative Assistant's Office and New Copy Room) with an additional cost of
$13,806.00. This work would be a significant improvement for the Fire Department but is
clearly beyond the current project budget. The Bid for this work is very reasonable and
can be incorporated into the Contract with a relatively minor Budget Amendment.
Financial Implications: The proposed Project Budget is based upon a
construction contract amount of $ 169,021.00 and is in conformance with the current
adopted 2000 Budget amount of $ 187,000.00.
Recommendations: Award Contract, to Harney-Naill, Inc. based on their
Base Bid of $169,021.00 for construction of the Avon Fire Station Remodel and with the
exclusion of all automatic switching and controls related to the emergency generator.
Town Manager Comments:
171
C:\My Documeats\Cptlproj Sn4p 99\Fire SU Remodel Bid Memo.Doc
2
TONVN OF AVON- AVON FIRE STATION REMODEL
0 BID FORM
PROPOSAL OF #AF"&y - M/1_L ,
An individual doing business as
A partnership consisting of
A limited liability company organized and existing under the Laws of the State of Colorado.
V /A corporation organized and existing under the Laws of the State of Colorado.
To: Town of Avon
P.O. Box 975
Avon, Colorado 81620
BASE BID
Pursuant to the Advertisement for Bid and Instructions to Bidders, issued by the Town of Avon,
Colorado, Owner will act on this Proposal within forty-five (45) days following receipt. Upon
acceptance and award of the Contract to the undersigned by the Owner, the undersigned shall
execute the Contract Documents, and furnish Performance and Payment Bonds for the full
amount of the Contract within ten (10) calendar days to insure proper compliance with the terms
and provisions of the Contract, to guarantee the work until final completion and acceptance
including the guarantee period stipulated, and to guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the Contract.
, furnish all labor and materials required for Town of Avon - Avon Fire Station
Remodel, Town of Avon, Colorado, and appurtenant work as shown on the Drawings and
Specifications,
all for the sum of 0126 Dollars
?, 7"w?,y-ty Or7?
($ ??1 ? 7-1 as per the following Bid Schedule.
Addenda
L-1 #? ? /I /ZOO 0 L-3 L-5
L-2 L-4 L-6
U
BF-1
Work under this Contract shall commence not later than twenty - one (21) days after Award of
Contract by the Owner, and the undersigned shall cause work to progress in a manner
satisfactory to the Owner. Such work shall be completed not later than 120 calendar days from
the date of Notice to Proceed. The undersigned bidder further agrees to pay as liquidated
damages the sum of $400.00 for each consecutive calendar day thereafter, as hereafter provided
in the Special Conditions.
The undersigned certifies that the bid prices contained in this Proposal have been carefully
checked and are submitted correct and final.
Signed at this 16,111 day of 2000.
I
tit. 1A,
Contractor's License No. A7-7 -Afd-
LJ
11
BF-2
BID SCHEDULE
TOWN OF AVON, COLORADO
AVON FIRE STATION REMODEL
The following schedule of values are those determined by the Bidder necessary to furnish all
supervision, technical personnel, labor, materials, equipment, tools, services, transportation, overhead,
and profit requi red to complete. Items not listed in this schedule shall be assumed to be incidental to
the contract.
Total Cost (In Whole Dollars)
DIVISION 1 GENERAL REQUIREMENTS
General Conditions $ ;?521V
DIVISION 2 SITE WORK
Selective Demolition/Patching $ /0.0
DIVISION 3 CONCRETE
Concrete, Formwork, Reinforcement, Finishing $ 6*77
Self-Leveling Cementitious Topping $
DIVISION 4 MASONRY - None this contract
DIVISION 5 METALS - None this contract
DIVISION 6 WOOD AND PLASTICS
Rough Carpentry $ 4.1 50
Finish Carpentry and Millwork $
Casework $
DIVISION 7 THERMAL & MOISTURE PROTECTION
Insulation $ 20 52-
Sealants $
DIVISION 8 DOORS & WINDOWS
Metal Doors and Frames $ 67elo '
Wood Doors $
Windows $
Hardware $
Glazing $
DIVISION 9 FINISHES
Light Gauge Metal Framing $ 490 (16o
Gypsum Wallboard $
Fiber Reinforced Paneling $
BF-3
Vinyl Flooring $ -(--L a ,nye-
Carpeting $
Base $
Painting $
DIVISION 10 SPECIALTIES
Miscellaneous Building Specialties $ ?3(0 E
Toilet Room Accessories $
DIVISION II EQUIPMENT
Undercounter Refrigerator/Freezer $ 35a
DIVISION 12 FURNISHINGS - None this contract
DIVISION 13 SPECIAL CONSTRUCTION - None this contract
DIVISION 14 CONVEYING SYSTEMS - None this contract
DIVISION 15 MECHANICAL
Plumbing $ 0'0y
Baseboard Heating $
Ventilation $
DIVISION 16 ELECTRICAL
Power $ 22, 7La
Lighting $ 4 -C-e,
Systems $ Al/ w 17:7ec,4?"L
L`
BF-4
SUBTOTAL DIVISIONS 1-16
Overhead General ( % )
General Contractor Fee
Labor, Material & Performance Bond
TOTAL BID (Must agree with Lump Sum Bid)
Respectfully Submitted,
$ 153, 6 55
$ 15 36 6
$ N/A
$ 169, Cz/
ll&emE Y- AA-/I-L, Ak,
(Firm)
(Signature
(Title)
ALTERNATE NO. 1:
New Waiting Room, New Administrative
Assistant's Office, and New Copy Room
L
(Date)
ADD $ 139c)(0 .
BF-5
FQb-16-00 10r04A Now El®ttric 970 949 5354 P_02'
July 21. 19!0l
HARNEYNAIL AND AS: XIAT#S
Attn: Mr. Don Nail
RL:- Avon lTrv Dgvr meuf
Nat- Dolt,
New Electric Inc. is pie rsed to pmwm our price for the Aron Fine Depa rtmem addition Our price is based on tltc bid
docwrrcnts and gttafitimtioms lid below.
BID TUMEN
O awings by Mc:DYa dawd 112SAXI on file at NFL
A,ddcudum #I
QIYALI ICA1. ON&
1. Digging and backtill for the second T Pow m"d the site lighting is NOT Wcluded_
2. Existft reoepuctm and lighting will be uwJ for Temporary lighting and power.
3. Temperature control or boiler control equipntart wiring is not inchrdcd in our price rc-g trdkss of voltage,
4. Beat We and heat rapt: power arc not included is mr price trot Egad on *uwhw).
i. All baseboard heist will be provided by rite atechmm" comracior. We will supply and instmil 1mc voltage
thefrrtastata model # HKOTA2AW.
6. The following items am mA inchWed in thatt pnn msd:
'the gencrrtor loathe plate fiats the vohage a 2771480 volts. Alt pan ils in Ube buildiDg i5
12D12o& Please pscavide a clearkai ome-lint to described the itusA- Any wock auociawd
with the gewasor is not ijwAudod in tlds prka-
All demolition of relmriicxt negated with tlIc swltrhboard to the MCC is lwt inchIdled in
tilts price. Ple asc subrnat a drawing that details the loads.%Imxl from this rrpriprtectft so wre
can undcrsmd the scope.
The Autoatatic mrsicr switch or the new panel board is nui included urWI we understand
the imer+t.
Any work xs-ociated with the ud ing s m*c or cxnnmg panel boor& arc not included in
this price. Arty work that aarsr be dotrc v ill b billed on a TRM account.
7. Any wo& associated with the fxe alarm system is nut included.
PO Box 957 Avon. CO 616M
970-040-ae51 Far: 970-949-6354
Feb-16-00 10:04A New Electric 970 949 5354 P_03
q
0
PROPOSAL PRICK:
T6c price io rerfonn the wmk :z-, described abovc is. S 31,28f.M
ShoWd you have any quessdons regardic%, the above please do not hesitate to contact me.
Regwtfulty Submitted,
Jay Van VoDM
NEW ELECTRIC INC.
•
11
[fit : ? 5 ? ?? ?L6<.
ITEM ORIGINAL % REDUCTION NEW
General Conditions $ 24,375 50 $ 12,188
Demolition $ 38,206 75 $ 9,552
Concrete/Reinforcing $ 10,768 50 $ 5,384
Struct & Misc Metals $ 7,400 50 $ 3,700
Carpentry $ 15,090 75 $ 3,773
Architectural Woodwork $ 18,415 75 $ 4,604
Insulation $ 3,528 50 $ 1,764
Caulking $ 490 50 $ 245
Hollow Metal Doors/Frames $ 2,925 100 $ -
Wood Doors $ 3,770 50 $ 1,885
Access Doors $ 320 100 $
Overhead Doors $ 5,000 100 $ -
Full Glazed Doors $ 3,920 100 $
Windows $ 7.564 75 $ 1,891
Hardware $ 10,029 50 $ 5,015
Drywall $ 22,808 50 $ 11,404
Tile $ 7,155 100 $ -
Resilient Flooring $ 935 0 $ 935
Carpet $ 4,146 50 $ 2,073
Painting $ 9,930 50 $ 4,965
Chalk & Tack $ 1,030 100 $ -
Shower Doors $ 1,000 100 $
ID Devices $ 2,000 100 $
Toilet Accessories $ 900 0 $ 900
Toilet Partitions $ 900 0 $ 900
Fire Extinguishers $ 1,000 75 $ 250
Coat Racks $ 300 100 $ -
Lockers (N.I.C.) $ 0 $
Kitchen Appliances (N.I.C.) $ 0 $
Furniture (N.I.C.) $ 0 $ -
Plumbing & HVAC Allowance $ 36,074 0 $ 36,074
Fire Protection (N.I.C.) $ 0 $
Electrical Allowance $ 31,948 50 $ 15,974
Subtotal
Labor Burden (55%) $ ,
23,523 50 $ 11,762
Tax $ 2,342 50 $ 1,171
Field Cost $ 297,791 $ 136,406
OH&P (10%) $ 29,779 $ 13,641
Total Cost (Gross) $ 327,570 $ 150,047
Permit $ 1,638 100 $
Bond on Subs $ $
Liability Ins on Gross (1%,) $ 3,276 $ 1,500
Performance Bond $ 9,143 $ 4,168
Subtotal $ 341,627 $ 155,715
Contingency (20%) $ 68,325
7 7 $ 31,143
_t
,
7
7 926 $ 123,474
it 271
FINANCIAL MATTERS
February 22, 2000
1. Cash Account Balances, January 2000 .................................................1
2. Revenues & Expenditures, January 2000 ...............................................2
3. Detail-Real Estate Transfer Taxes, 1999 ...............................................3
4. Detail-Real Estate Transfer Taxes, 2000 ..............................................4
5. Detail-Sales Tax Update .................................................................5
6. Detail-Accomodations Tax Update .....................................................6
7. Accounts Payable Listing ................................................................7
8. Manual Check Listing ....................................................................8
RECOMMENDED ACTION
RECEIVE Items 1 through 5
APPROVE Items 6 through 7.
I
TOWN OF AVON
CASH ACCOUNT BALANCES
JANUARY 31, 2000
INVESTMENTS
GENERAL FUND:
1ST BANK OF AVON - CONCENTRATION
COLOTRUST PLUS
COLOTRUST PRIME
FEDERATED INVESTORS-PRIME OBLIG
FEDERATED INVESTORS-TREAS OBLIG
C SAFE
FIRST BANK OF AVON - CD (6 months)
ALPINE BANK - CD (12 months)
WILDRIDGE SPECIAL ASSESSMENTS FUND:
1 ST BANK AVON - C.D. LIQUID
TOTAL CASH BALANCE ALL FUNDS
INTEREST MATURITY AMOUNT
5.26 ---- 1,625,696.34
5.22 ---- 322,595.46
5.98 ---- 2,812,705.02
5.19 ---- 1,856,543.15
5.65 -- 1,658,566.53
5.33 -- 1,089,125.11
4.88 5/15/00 250,000.00
4.50 5/18/00 250,000.00
9,865,231.61
3.75
43,716.39
$ 9,908,948.00
it }
02/09/00 TOWN OF AVON PAGE 1
ACCOUNT ING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTI ON CRITERIA: ALL
FUND - 10 - GENERAL FUND
FUNCTION - 10 - GENERAL FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
51101 PROPERTY TAX - CURRENT 1,298,616.00 .00 .00 .00 1,298,616.00 .00
51102 PROPERTY TAX - DELINQUENT .00 .00 .00 .00 .00 .00
51103 CURRENT & DELINQ INTEREST .00 .00 .00 .00 .00 .00
51201 SPECIFIC OWNERSHIP TAXES 150,000.00 .00 .00 .00 150,000.00 .00
51301 GENERAL SALES TAX 5,018,128.00 .00 .00 .00 5,018,128.00 .00
51302 UTILITY TAX 65,000.00 .00 .00 .00 65,000.00 .00
51304 PENALTIES & INTEREST 10,000.00 .00 .00 .00 10,000.00 .00
51402 FRANCHISE FEE 190,000.00 .00 .00 .00 190,000.00 .00
TOTAL TAXES 6,731,744.00 .00 .00 .00 6,731,744.00 .00
52101 LIQUOR LICENSES 2,500.00 1,823.75 .00 1,823.75 676.25 .73
52102 BUSINESS LICENSES 17,500.00 1,925.00 .00 1,925.00 15,575.00 .11
52103 CONTRACTOR'S LICENSES 9,000.00 500.00 .00 500.00 8,500.00 .06
52201 BUILDING PERMITS 185,000.00 2,405.76 .00 2,405.76 182,594.24 .01
52202 ELECTRICAL PERMITS 20,000.00 1,072.46 .00 1,072.46 18,927.54 .05
52203 PLUMBING PERMITS 25,000.00 312.66 .00 312.66 24,667.34 .01
52204 MECHANICAL PERMITS 25,000.00 913.05 .00 913.05 24,086.95 .04
52205 ROAD CUT PERMITS 2,500.00 365.00 .00 365.00 2,135.00 .15
52206 OTHER PERMITS 7,500.00 100.00 .00 100.00 7,400.00 .01
TOTAL LICENSES AND PERMITS 294,000.00 9,417.68 .00 9,417.68 284,582.32 .03
53299 OTHER STATE GRANTS .00 2,000.00 .00 2,000.00 -2,000.00 .00
53301 CONSERVATION TRUST 25,000.00 .00 .00 .00 25,000.00 .00
53302 MOTOR VEHICLE REG FEES 20,000.00 .00 .00 .00 20,000.00 .00
53303 HIGHWAY USERS TAX 152,498.00 .00 .00 .00 152,498.00 .00
53304 CIGARETTE TAX 55,000.00 .00 .00 .00 55,000.00 .00
53305 EAGLE COUNTY SALES TAX 225,000.00 .00 .00 .00 225,000.00 .00
53306 EAGLE COUNTY ROAD & BRIDG 95,000.00 .00 .00 .00 95,000.00 .00
TOTAL INTERGOVERNMENTAL 572,498.00 2,000.00 .00 2,000.00 570,498.00 .00
54101 SALE OF MAPS & PUBLICATIO 1,500.00 20.00 .00 20.00 1,480.00 .01
54102 PHOTOCOPYING CHARGES 500.00 182.50 .00 182.50 317.50 .37
54103 LICENSE HEARING FEES 100.00 .00 .00 .00 100.00 .00
54104 OTHER FEES & CHARGES 1,500.00 .00 .00 .00 1,500.00 .00
54201 PLAN CHECK FEES 140,000.00 544.08 .00 544.08 139,455.92 .00
54202 SUBDIVISION REVIEW FEES 8,000.00 300.00 .00 300.00 7,700.00 .04
54203 DESIGN REVIEW FEES 12,500.00 370.00 .00 370.00 12,130.00 .03
54204 ANIMAL CONTROL FEES 1,000.00 110.00 .00 110.00 890.00 .11
54301 POLICE REPORTS 250.00 38.00 .00 38.00 212.00 .15
54302 OFF-DUTY POLICE EMPLOYMNT 2,500.00 414.00 .00 414.00 2,086.00 .17
54303 FINGERPRINTING FEES 1,000.00 112.00 .00 112.00 888.00 .11
54304 V.I.N. INSPECTION FEES 10,000.00 1,040.00 .00 1,040.00 8,960.00 .10
54601 AVON REC CTR ADMISSIONS 920,000.00 71,726.88 .00 71,726.88 848,273.12 .08
54602 AVON REC CTR PROGRAM FEES 40,000.00 4,303.00 .00 4,303.00 35,697.00 .11
54603 AVON REC CTR FACILITY HEN 6,500.00 150.00 .00 150.00 6,350.00 .02
54604 SALES OF MERCHANDISE 6,000.00 1,057.00 .00 1,057.00 4,943.00 .18
54605 BABYSITTING 8,500.00 964.75 .00 964.75 7,535.25 .11
54606 OTHER SERVICES 18,000.00 1,940.71 .00 1,940.71 16,059.29 .11
RUN DATE 02/09/00 TIME 12:48:32 PENTAMATION - FUND ACCOUNTING MANAGER
L'
02/09/00 TOWN OF AVON PAGE 2
ACCOUNT ING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 10 - GENERAL FUND
FUNCTION - 10 - GENERAL FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
54607 FITNESS PROGRAM REVENUES 11,378.00 1,385.00 .00 1,385.00 9,993.00 .12
54651 ADULT PROGRAM FEES 36,016.00 5,852.00 .00 5,852.00 30,164.00 .16
54652 CABIN EQUIPMENT RENTALS 41,000.00 2,388.50 .00 2,388.50 38,611.50 .06
54653 RENTALS - ATHLETIC FIELD 3,500.00 .00 .00 .00 3,500.00 .00
54654 CABIN CONCESSIONS 7,880.00 244.16 .00 244.16 7,635.84 .03
54655 YOUTH PROGRAM REVENUES 86,872.00 3,440.00 .00 3,440.00 83,432.00 .04
54676 SPONSORSHIPS 25,050.00 350.00 .00 350.00 24,700.00 .01
54677 ADVERTISING SALES 3,600.00 350.00 .00 350.00 3,250.00 .10
54678 SPECIAL EVENT FEES 12,950.00 30.00 .00 30.00 12,920.00 .00
TOTAL CHARGES FOR SERVICES 1,406,096.00 97,312.58 .00 97,312.58 1,308,783.42 .07
55101 COURT FINES - TRAFFIC 9,000.00 584.00 .00 584.00 8,416.00 .06
55102 COURT FINES - CRIMINAL 32,000.00 3,765.50 .00 3,765.50 28,234.50 .12
55103 COURT FINES - PARKING 5,000.00 320.00 .00 320.00 4,680.00 .06
55104 COURT FINES - GENERAL 500.00 .00 .00 .00 500.00 .00
55105 COURT COSTS 3,500.00 184.00 .00 184.00 3,316.00 .0S
55106 JURY FEES 350.00 35.00 .00 35.00 315.00 .10
55107 COURT RESTITUTION 1,750.00 .00 .00 .00 1,750.00 .00
55108 FOOD FINES 25.00 .00 .00 .00 25.00 .00
TOTAL FINES AND FORFEITURES 52,125.00 4,888.50 .00 4,888.50 47,236.50 .09
57101 INTEREST EARNINGS 375,000.00 4,913.09 .00 4,913.09 370,086.91 .01
TOTAL INVESTMENT EARNINGS 375,000.00 4,913.09 .00 4,913.09 370,086.91 .01
58101 RECREATIONAL AMENITY FEES 160,000.00 .00 .00 .00 160,000.00 .00
58201 LEASE OF TOWN OWNED PROP 162,105.00 .00 .00 .00 162,105.00 .00
58202 CASH SHORT & OVER .00 483.46 .00 483.46 -483.46 .00
58204 RETURNED CHECK FEE .00 7.00 .00 7.00 -7.00 .00
58205 DAMAGES .00 .00 .00 .00 .00 .00
58206 TELEPHONE RECEIPTS .00 185.35 .00 185.35 -185.35 .00
58207 MISCELLANEOUS REFUNDS .00 39.61 .00 39.61 -39.61 .00
58208 CONTRIBUTIONS & DONATIONS .00 .00 .00 .00 .00 .00
58998 PETTY CASH CHECK REIMBURS .00 .00 .00 .00 .00 .00
58999 MISC NONCLASSIFIED REVENU 100,000.00 12,269.78 .00 12,269.78 87,730.22 .12
TOTAL OTHER REVENUES 422,105.00 12,985.20 .00 12,985.20 409,119.80 .03
59101 SALE OF FIXED ASSETS 25,000.00 .00 .00 .00 25,000.00 .00
59303 CAPITAL LEASE PROCEEDS 97,537.00 .00 .00 .00 97,537.00 .00
TOTAL OTHER SOURCES 122,537.00 .00 .00 .00 122,537.00 .00
TOTAL GENERAL FUND 9,976,105.00 131,517.05 .00 131,517.05 9,844,587.95 .01
TOTAL GENERAL FUND 9,976,105.00 131,517.05 .00 131,517.05 9,844,587.95 .01
Y
RUN DATE 02/09/00 TIME 12:48:32 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 1
ACCOUNTING PERIOD: 1/00 PROGRAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 10 - GENERAL FUND
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
111 MAYOR AND TOWN COUNCIL 94,768.00 8,480.52 .00 8,480.52 86,287.48 .09
112 BOARDS AND COMMISSIONS 18,927.00 603.90 .00 603.90 18,323.10 .03
113 TOWN ATTORNEY 112,524.00 4,853.75 .00 4,853.75 107,670.25 .04
114 PUBLIC RELATIONS 294,500.00 65,000.00 .00 65,000.00 229,500.00 .22
115 TOWN CLERK 68,198.00 3,249.20 .00 3,249.20 64,948.80 .OS
TOTAL LEGISLATIVE 588,917.00 82,187.37 .00 82,187.37 506,729.63 .14
121 MUNICIPAL COURT 54,107.00 2,305.64 .00 2,305.64 51,801.36 .04
TOTAL JUDICIAL 54,107.00 2,305.64 .00 2,305.64 51,801.36 .04
131 TOWN MANAGER 224,122.00 10,659.27 .00 10,659.27 213,462.73 .OS
132 HUMAN RESOURCES 176,717.00 5,852.02 .00 5,852.02 170,864.98 .03
TOTAL TOWN MANAGER 400,839.00 16,511.29 .00 16,511.29 384,327.71 .04
TOTAL GENERAL GOVERNMENT 1,043,863.00 101,004.30 .00 101,004.30 942,858.70 .10
141 FINANCE 416,905.00 14,752.56 .00 14,752.56 402,152.44 .04
143 INFORMATION SYSTEMS 104,899.00 1,116.37 .00 1,116.37 103,782.63 .01
149 NONDEPARTMENTAL 228,954.00 82,192.81 .00 82,192.81 146,761.19 .36
TOTAL FINANCE AND ADMINISTRATIO 750,758.00 98,061.74 .00 98,061.74 652,696.26 .13
TOTAL FINANCE AND ADMINISTRATIO 750,758.00 98,061.74 .00 98,061.74 652,696.26 .13
211 ADIMINSTRATION 226,653.00 9,487.33 .00 9,487.33 217,165.67 .04
212 PLANNING 134,456.00 5,066.64 .00 5,066.64 129,389.36 .04
213 BUILDING INSPECTION 246,339.00 9,540.01 .00 9,540.01 236,798.99 .04
214 COMMUNITY SERVICE 79,902.00 4,238.91 .00 4,238.91 75,663.09 .OS
TOTAL COMMUNITY DEVELOP DEPT 687,350.00 28,332.89 .00 28,332.89 659,017.11 .04
TOTAL COMMUNITY DEVELOPMENT 687,350.00 28,332.89 .00 28,332.89 659,017.11 .04
311 ADMINISTRATION 407,058.00 14,770.25 .00 14,770.25 392,287.75 .04
312 PATROL 926,909.00 57,511.80 .00 57,511.80 869,397.20 .06
313 INVESTIGATION 78,688.00 1,890.19 .00 1,890.19 76,797.81 .02
314 COMMUNITY POLICING 83,144.00 2,731.09 .00 2,731.09 80,412.91 .03
TOTAL POLICE DEPARTMENT 1,495,799.00 76,903.33 .00 76,903.33 1,418,895.67 .05
TOTAL PUBLIC SAFETY 1,495,799.00 76,903.33 .00 76,903.33 1,418,895.67 .OS
411 ADMINISTRATION 178,680.00 11,836.86 .00 11,836.86 166,843.14 .07
412 ENGINEERING 164,769.00 9,297.98 .00 9,297.98 155,471.02 .06
413 ROADS AND STREETS 909,833.00 55,109.61 .00 55,109.61 854,723.39 .06
414 FACILITIES MAINTENANCE 290,659.00 6,367.82 .00 6,367.82 284,291.18 .02
415 PARKS 930,277.00 64,307.32 .00 64,307.32 865,969.68 .07
TOTAL PUBLIC WORKS DEPARTMENT 2,474,218.00 146,919.59 .00 146,919.59 2,327,298.41 .06
TOTAL PUBLIC WORKS 2,474,218.00 146,919.59 .00 146,919.59 2,327,298.41 .06
513 SPECIAL EVENTS 289,726.00 8,900.91 .00 8,900.91 280,825.09 .03
514 RECREATION ADMINISTRATION 380,035.00 34,288.34 .00 34,288.34 345,746.66 .09
RUN DATE 02/09/00 TIME 12:49:23 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON
ACCOUNTING PERIOD: 1/00 PROGRAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 10 - GENERAL FUND
PAGE 2
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
515 RECREATION ADULT PROGRAMS 110,783.00 7,610.73 .00 7,610.73 103,172.27 .07
516 AQUATICS 351,347.00 17,330.04 .00 17,330.04 334,016.96 .0S
517 RECREATION CHILDCARE 71,684.00 3,335.76 .00 3,335.76 68,348.24 .05
518 FITNESS 129,455.00 9,261.19 .00 9,261.19 120,193.81 .07
519 RECREATION FRONT DESK 232,181.00 12,114.16 .00 12,114.16 220,066.84 .05
520 RECREATION MAINTENANCE 554,981.00 19,536.90 .00 19,536.90 535,444.10 .04
521 RECREATION YOUTH PROGRAMS 93,556.00 7,059.49 .00 7,059.49 86,496.51 .08
TOTAL RECREATION DEPARTMENT 2,213,748.00 119,437.52 .00 119,437.52 2,094,310.48 .05
TOTAL RECREATION AND CULTURE 2,213,748.00 119,437.52 .00 119,437.52 2,094,310.48 .OS
600 OTHER USES & CONTINGENCY 1,518,994.00 .00 .00 .00 1,518,994.00 .00
TOTAL OTHER USES & CONTINGENCY 1,518,994.00 .00 .00 .00 1,518,994.00 .00
TOTAL OTHER USES & CONTINGENCY 1,518,994.00 .00 .00 .00 1,518,994.00 .00
TOTAL GENERAL FUND 10,184,730.00 570,659.37 .00 570,659.37 9,614,070.63 .06
RUN DATE 02/09/00 TINE 12:49:25 PENTAMATION - FUND ACCOUNTING MANAGER
r, M
02/09/00 TOWN OF AVON PAGE 3
ACCOUNTING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 21 - MALL MAINTENANCE FUND
FUNCTION - 21 - MALL MAINTENANCE FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
SB105 MALL MAINTENANCE FEES 33,491.00 .00 .00 .00 33,491.00 .00
TOTAL OTHER REVENUES 33,491.00 .00 .00 .00 33,491.00 .00
59201 OPERATING TRANSFERS IN 35,000.00 .00 .00 .00 35,000.00 .00
TOTAL OTHER SOURCES 35,000.00 .00 .00 .00 35,000.00 .00
TOTAL MALL MAINTENANCE FUND 68,491.00 .00 .00 .00 68,491.00 .00
TOTAL MALL MAINTENANCE FUND 68,491.00 .00 .00 .00 68,491.00 .00
RUN DATE 02/09/00 TIME 12:48:33 PENTAMATION - FUND ACCOUNTING MANAGER
t
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 21 - MALL MAINTENANCE FUND
ACCOUNT - - - - - TITLE - - - - -
417 MALL MAINTENANCE
TOTAL PUBLIC WORKS DEPARTMENT
TOTAL PUBLIC WORKS
TOTAL MALL MAINTENANCE FUND
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
PAGE 3
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
82,649.00 3,700.58 .00 3,700.58 78,948.42 .04
82,649.00 3,700.58 .00 3,700.58 78,948.42 .04
82,649.00 3,700.58 .00 3,700.58 78,948.42 .04
82,649.00 3,700.58 .00 3,700.58 78,948.42 .04
RUN DATE 02/09/00 TIME 12:49:25 PENTAMATION - FUND ACCOUNTING MANAGER
I I
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 22 - FIRE OPERATIONS
FUNCTION - 22 - FIRE OPERATIONS
ACCOUNT - - - - - TITLE
53501 CONTRACTED FIRE OPERATION
53502 NON-DISTRICT FIRE PROTECT
53503 OTHER FIRE REVENUE
TOTAL INTERGOVERNMENTAL
58201 LEASE OF TOWN OWNED PROP
TOTAL OTHER REVENUES
59201 OPERATING TRANSFERS IN
59303 CAPITAL LEASE PROCEEDS
TOTAL OTHER SOURCES
TOTAL FIRE OPERATIONS
TOTAL FIRE OPERATIONS
TOWN OF AVON PAGE 4
PROGRAM REVENUE STATUS
PERIOD YEAR TO DATE YTD/
BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
1,581,721.00 .00 .00 .00 1,581,721.00 .00
20,000.00 .00 .00 .00 20,000.00 .00
5,000.00 1,075.85 .00 1,075.85 3,924.15 .22
1,606,721.00 1,075.85 .00 1,075.85 1,605,645.15 .00
.00 75.00 .00 75.00 -75.00 .00
.00 75.00 .00 75.00 -75.00 .00
294,333.00 .00 .00 .00 294,333.00 .00
426,300.00 .00 .00 .00 426,300.00 .00
720,633.00 .00 .00 .00 720,633.00 .00
2,327,354.00 1,150.85 .00 1,150.85 2,326,203.15 .00
2,327,354.00 1,150.85 .00 1,150.85 2,326,203.15 .00
RUN DATE 02/09/00 TIME 12:48:33 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 22 - FIRE OPERATIONS
ACCOUNT - - - - - TITLE
321 ADMINISTRATION
322 EMERGENCY RESPONSE
323 FIRE PREVENTION/PUBLIC ED
324 TRAINING
TOTAL FIRE DEPARTMENT
TOTAL PUBLIC SAFETY
TOTAL FIRE OPERATIONS
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
BUDGET
382,014.00
1,630,983.00
168,054.00
146,303.00
2,327,354.00
2,327,354.00
2,327,354.00
PAGE 4
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
60,065.83 .00 60,065.83 321,948.17 .16
71,630.58 .00 71,630.58 1,559,352.42 .04
9,430.68 .00 9,430.68 158,623.32 .06
6,936.83 .00 6,936.83 139,366.17 .05
148,063.92 .00 148,063.92 2,179,290.08 .06
148,063.92 .00 148,063.92 2,179,290.08 .06
148,063.92 .00 148,063.92 2,179,290.08 .06
RUN DATE 02/09/00 TIME 12:49:27 PENTAMATION - FUND ACCOUNTING MANAGER
v Y
02/09/00 TOWN OF AVON PAGE 5
ACCOUNTING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 23 - EMPLOYEE HOUSING FUND
FUNCTION - 23 - EMPLOYEE HOUSING FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
54551 RENTAL REVENUES-EMPLOYEES 59,508.00 1,242.00 .00 1,242.00 58,266.00 .02
54552 RENTAL SUBSIDIES 6,612.00 .00 .00 .00 6,612.00 .00
54553 EMPLOYEE HOUSING MTC .00 150.00 .00 150.00 -150.00 .00
TOTAL CHARGES FOR SERVICES 66,120.00 1,392.00 .00 1,392.00 64,728.00 .02
TOTAL EMPLOYEE HOUSING FUND 66,120.00 1,392.00 .00 1,392.00 64,728.00 .02
TOTAL EMPLOYEE HOUSING FUND 66,120.00 1,392.00 .00 1,392.00 64,728.00 .02
RUN DATE 02/09/00 TIME 12:48:33 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 23 - EMPLOYEE HOUSING FUND
ACCOUNT - - - - - TITLE - - - - -
436 EMPLOYEE HOUSING
TOTAL TRANSPORTATION
TOTAL PUBLIC WORKS
TOTAL EMPLOYEE HOUSING FUND
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
PAGE 5
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
BUDGET EXPENDITURES OUTSTANDING ENC ? EXP BALANCE BUD
66,120.00 5,440.00 .00 5,440.00 60,680.00 .08
66,120.00 5,440.00 .00 5,440.00 60,680.00 .08
66,120.00 5,440.00 .00 5,440.00 60,680.00 .08
66,120.00 5,440.00 .00 5,440.00 60,680.00 .08
RUN DATE 02/09/00 TIME 12:49:27 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 24 - WATER FUND
FUNCTION - 24 - WATER FUND
ACCOUNT - - - - - TITLE
54401 WATER USAGE CHARGES
54402 TAP FEES - GENERAL
54403 TAP FEES - BROOKSIDE
54404 TAP FEES - MOUNTAIN STAR
TOTAL CHARGES FOR SERVICES
57101 INTEREST EARNINGS
TOTAL INVESTMENT EARNINGS
58999 MISC NONCLASSIFIED REVENU
TOTAL OTHER REVENUES
59101 SALE OF FIXED ASSETS
TOTAL OTHER SOURCES
TOTAL WATER FUND
TOTAL WATER FUND
TOWN OF AVON PAGE 6
PROGRAM REVENUE STATUS
PERIOD YEAR TO DATE YTD/
BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
110,370.00 .00 .00 .00 110,370.00 .00
120,000.00 16,174.00 .00 16,174.00 103,826.00 .13
.00 16,000.00 .00 16,000.00 -16,000.00 .00
20,000.00 11,064.00 .00 11,064.00 8,936.00 .55
250,370.00 43,238.00 .00 43,238.00 207,132.00 .17
50,000.00 .00 .00 .00 50,000.00 .00
50,000.00 .00 .00 .00 50,000.00 .00
4,500.00 .00 .00 .00 4,500.00 .00
4,500.00 .00 .00 .00 4,500.00 .00
22,000.00 .00 .00 .00 22,000.00 .00
22,000.00 .00 .00 .00 22,000.00 .00
326,870.00 43,238.00 .00 43,238.00 283,632.00 .13
326,870.00 43,238.00 .00 43,238.00 283,632.00 .13
RUN DATE 02/09/00 TIME 12:48:33 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 24 - WATER FUND
ACCOUNT - - - - - TITLE - - - - -
424 WATER UTILITIES
TOTAL UTILITIES
TOTAL PUBLIC WORKS
TOTAL WATER FUND
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
PAGE 6
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
146,527.00 1,419.05 .00 1,419.05 145,107.95 .01
146,527.00 1,419.05 .00 1,419.05 145,107.95 .01
146,527.00 1,419.05 .00 1,419.05 145,107.95 .01
146,527.00 1,419.05 .00 1,419.05 145,107.95 .01
RUN DATE 02/09/00 TIME 12:49:27 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 31 - BOND REDEMPTION FUND
FUNCTION - 31 - BOND REDEMPTION FUND
ACCOUNT - - - - - TITLE - - - - -
51101 PROPERTY TAX - CURRENT
TOTAL TARES
59201 OPERATING TRANSFERS IN
TOTAL OTHER SOURCES
TOTAL BOND REDEMPTION FUND
TOTAL BOND REDEMPTION FUND
TOWN OF AVON
PROGRAM REVENUE STATUS
PAGE 7
PERIOD YEAR TO DATE YTD/
BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
774,104.00 .00 .00 .00 774,104.00 .00
774,104.00 .00 .00 .00 774,104.00 .00
399,890.00 .00 .00 .00 399,890.00 .00
399,890.00 .00 .00 .00 399,890.00 .00
1,173,994.00 .00 .00 .00 1,173,994.00 .00
1,173,994.00 .00 .00 .00 1,173,994.00 .00
RUN DATE 02/09/00 TIME 12:48:33 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON
ACCOUNTING PERIOD: 1/00 PROGRAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 31 - BOND REDEMPTION FUND
PAGE 7
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + ERP BALANCE BUD
911 BOND REDEMPTION 25,798.00 .00 .00 .00 25,798.00 .00
TOTAL BOND REDEMPTION 25,798.00 .00 .00 .00 25,798.00 .00
916 1996 G.O. REFUNDING BONDS 540,728.00 .00 .00 .00 540,728.00 .00
TOTAL 1996 G.O. REFUNDING BONDS 540,728.00 .00 .00 .00 540,728.00 .00
917 1997 G.O. BONDS 217,578.00 .00 .00 .00 217,578.00 .00
TOTAL 1997 G.O. BONDS 217,578.00 .00 .00 .00 217,578.00 .00
919 1999 SALES TAX REFUND ISS 489,890.00 .00 .00 .00 489,890.00 .00
TOTAL 1999 SALES TAX REFUND ISS 489,890.00 .00 .00 .00 489,890.00 .00
TOTAL DEBT SERVICE 1,273,994.00 .00 .00 .00 1,273,994.00 .00
TOTAL BOND REDEMPTION FUND 1,273,994.00 .00 .00 .00 1,273,994.00 .00
RUN DATE 02/09/00 TIME 12:49:27 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 32 - WILDRIDGE SPECIAL ASSESSM
FUNCTION - 32 - WILDRIDGE SPECIAL ASSESSM
ACCOUNT - - - - - TITLE - - - - -
56101 SPECIAL ASSESSMNTS - PRIN
56201 SPECIAL ASSESSMNTS - INT
TOTAL SPECIAL ASSESSMENTS
57101 INTEREST EARNINGS
TOTAL INVESTMENT EARNINGS
59201 OPERATING TRANSFERS IN
TOTAL OTHER SOURCES
TOTAL WILDRIDGE SPECIAL ASSESSM
TOTAL WILDRIDGE SPECIAL ASSESSM
TOWN OF AVON PAGE 8
PROGRAM REVENUE STATUS
PERIOD YEAR TO DATE YTD/
BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
35,000.00 .00 .00 .00 35,000.00 .00
22,000.00 .00 .00 .00 22,000.00 .00
57,000.00 .00 .00 .00 57,000.00 .00
2,000.00 138.79 .00 138.79 1,861.21 .07
2,000.00 138.79 .00 138.79 1,861.21 .07
15,211.00 .00 .00 .00 15,211.00 .00
15,211.00 .00 .00 .00 15,211.00 .00
74,211.00 138.79 .00 138.79 74,072.21 .00
74,211.00 138.79 .00 138.79 74,072.21 .00
RUN DATE 02/09/00 TIME 12:48:33 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 8
ACCOUNTING PERIOD: 1/00 PROGRAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 32 - WILDRIDGE SPECIAL ASSESSM
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC ? EXP BALANCE BUD
912 WILDRIDGE SPECIAL ASSESSM 94,200.00 .00 .00 .00 94,200.00 .00
TOTAL WILDRIDGE SPECIAL ASSESSM 94,200.00 .00 .00 .00 94,200.00 .00
TOTAL DEBT SERVICE 94,200.00 .00 .00 .00 94,200.00 .00
TOTAL WILDRIDGE SPECIAL ASSESSM 94,200.00 .00 .00 .00 94,200.00 .00
RUN DATE 02/09/00 TIME 12:49:27 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 9
ACCOUNTING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 33 - AVON METRO DISTRICT FUND
FUNCTION - 33 - AVON METRO DISTRICT FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
51101 PROPERTY TAX - CURRENT 565,628.00 .00 .00 .00 565,628.00 .00
TOTAL TAXES 565,628.00 .00 .00 .00 565,628.00 .00
57101 INTEREST EARNINGS 1,000.00 .00 .00 .00 1,000.00 .00
TOTAL INVESTMENT EARNINGS 1,000.00 .00 .00 .00 1,000.00 .00
TOTAL AVON METRO DISTRICT FUND 566,628.00 .00 .00 .00 566,628.00 .00
TOTAL AVON METRO DISTRICT FUND 566,628.00 .00 .00 .00 566,628.00 .00
RUN DATE 02/09/00 TIME 12:48:34 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 9
ACCOUNTING PERIOD: 1/00 PROGRAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 33 - AVON METRO DISTRICT FUND
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
913 AVON METROPOLITAN FUND 566,628.00 .00 .00 .00 566,628.00 .00
TOTAL AVON METROPOLITAN FUND 566,628.00 .00 .00 .00 566,628.00 .00
TOTAL AVON METROPOLITAN FUND 566,628.00 .00 .00 .00 566,628.00 .00
TOTAL AVON METRO DISTRICT FUND 566,628.00 .00 .00 .00 566,628.00 .00
RUN DATE 02/09/00 TIME 12:49:27 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 10
ACCOUNTING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 34 - FINANCE AUTHORITY DS FUND
FUNCTION - 34 - FINANCE AUTHORITY DS FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
57101 INTEREST EARNINGS 28,000.00 .00 .00 .00 28,000.00 .00
TOTAL INVESTMENT EARNINGS 28,000.00 .00 .00 .00 28,000.00 .00
59201 OPERATING TRANSFERS IN 536,570.00 .00 .00 .00 536,570.00 .00
TOTAL OTHER SOURCES 536,570.00 .00 .00 .00 536,570.00 .00
TOTAL FINANCE AUTHORITY DS FUND 564,570.00 .00 .00 .00 564,570.00 .00
TOTAL FINANCE AUTHORITY DS FUND 564,570.00 .00 .00 .00 564,570.00 .00
RUN DATE 02/09/00 TIME 12:48:34 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 34 - FINANCE AUTHORITY DS FUND
ACCOUNT - - - - - TITLE - - - - -
920 FINANCE AUTHORITY DS FUND
TOTAL FINANCE AUTHORITY DS FUND
TOTAL DEBT SERVICE
TOTAL FINANCE AUTHORITY DS FUND
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
PAGE 10
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
BUDGET EXPENDITURES OUTSTANDING ENC + ERP BALANCE BUD
564,570.00 .00 .00 .00 564,570.00 .00
564,570.00 .00 .00 .00 564,570.00 .00
564,570.00 .00 .00 .00 564,570.00 .00
564,570.00 .00 .00 .00 564,570.00 .00
RUN DATE 02/09/00 TIME 12:49:27 - PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 41 - CAPITAL PROJECTS FUND
FUNCTION - 41 - CAPITAL PROJECTS FUND
ACCOUNT - - - - - TITLE
51401 REAL ESTATE TRANSFER TAX
TOTAL TAXES
53201 CDOT GRANT
53401 LOCAL INTERGOV PARTICIPAT
TOTAL INTERGOVERNMENTAL
57101 INTEREST EARNINGS
TOTAL INVESTMENT EARNINGS
58102 UTILITY CAPITAL PAC FEE
58104 FIREPLACE FEES
TOTAL OTHER REVENUES
TOTAL CAPITAL PROJECTS FUND
TOTAL CAPITAL PROJECTS FUND
TOWN OF AVON PAGE 11
PROGRAM REVENUE STATUS
PERIOD YEAR TO DATE YTD/
BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
1,050,000.00 94,693.40 .00 94,693.40 955,306.60 .09
1,050,000.00 94,693.40 .00 94,693.40 955,306.60 .09
80,000.00 .00 .00 .00 80,000.00 .00
490,000.00 .00 .00 .00 490,000.00 .00
570,000.00 .00 .00 .00 570,000.00 .00
68,131.00 .00 .00 .00 68,131.00 .00
68,131.00 .00 .00 .00 68,131.00 .00
2,000.00 .00 .00 .00 2,000.00 .00
9,000.00 1,500.00 .00 1,500.00 7,500.00 .17
11,000.00 1,500.00 .00 1,500.00 91500.00 .14
1,699,131.00 96,193.40 .00 96,193.40 1,602,937.60 .06
1,699,131.00 96,193.40 .00 96,193.40 1,602,937.60 .06
RUN DATE 02/09/00 TIME 12:48:34 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 41 - CAPITAL PROJECTS FUND
ACCOUNT - - - - - TITLE - - - - -
800 CAPITAL IMPROVEMENT
TOTAL CAPITAL IMPROVEMENT
TOTAL CAPITAL IMPROVEMENT
TOTAL CAPITAL PROJECTS FUND
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
PAGE 11
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
2,298,802.00 306,803.61 .00 306,803.61 1,991,998.39 .13
2,298,802.00 306,803.61 .00 306,803.61 1,991,998.39 .13
2,298,802.00 306,803.61 .00 306,803.61 1,991,998.39 .13
2,298,802.00 306,803.61 .00 306,803.61 1,991,998.39 .13
RUN DATE 02/09/00 TIME 12:49:28 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 12
ACCOUNTING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 52 - TRANSIT ENTERPRISE FUND
FUNCTION - 52 - TRANSIT ENTERPRISE FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
51303 ACCOMODATIONS TAX 261,163.00 .00 .00 .00 261,763.00 .00
TOTAL TAXES 261,763.00 .00 .00 .00 261,763.00 .00
54501 BEAVER CREEK 920,374.00 .00 .00 .00 920,374.00 .00
54502 CHARTER 112,980.00 2,265.00 .00 2,265.00 110,715.00 .02
54503 REGIONAL TRANSIT AUTHORIT 1,534,464.00 .00 .00 .00 1,534,464.00 .00
54504 OTHER BUS REVENUES 10,000.00 120.00 .00 120.00 9,880.00 .01
TOTAL CHARGES FOR SERVICES 2,577,818.00 2,385.00 .00 2,385.00 2,575,433.00 .00
58207 MISCELLANEOUS REFUNDS .00 93.43 .00 93.43 -93.43 .00
TOTAL OTHER REVENUES .00 93.43 .00 93.43 -93.43 .00
59201 OPERATING TRANSFERS IN 366,227.00 .00 .00 .00 366,227.00 .00
59303 CAPITAL LEASE PROCEEDS 92,048.00 .00 .00 .00 92,048.00 .00
TOTAL OTHER SOURCES 458,275.00 .00 .00 .00 458,275.00 .00
TOTAL TRANSIT ENTERPRISE FUND 3,297,856.00 2,478.43 .00 2,478.43 3,295,377.57 .00
TOTAL TRANSIT ENTERPRISE FUND 3,297,856.00 2,478.43 .00 2,478.43 3,295,377.57 .00
RUN DATE 02/09/00 TIME 12:48:34 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 52 - TRANSIT ENTERPRISE FUND
ACCOUNT - - - - - TITLE
431 ADMINISTRATION
432 OPERATIONS
433 MARKETING
TOTAL TRANSPORTATION
TOTAL PUBLIC WORKS
TOTAL TRANSIT ENTERPRISE FUND
TOWN OF AVON
PROGRAM EXPENDITURE SUMMARY
BUDGET
586,285.00
2,620,504.00
91,067.00
3,297,856.00
3,297,856.00
3,297,856.00
PAGE 12
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
EXPENDITURES OUTSTANDING ENC ? EXP BALANCE BUD
149,595.78 .00 149,595.78 436,689.22 .26
157,942.11 .00 157,942.11 2,462,561.89 .06
2,800.63 .00 2,800.63 88,266.37 .03
310,338.52 .00 310,338.52 2,987,517.48 .09
310,338.52 .00 310,338.52 2,987,517.48 .09
310,338.52 .00 310,338.52 2,987,517.48 .09
RUN DATE 02/09/00 TIME 12:49:29 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00
ACCOUNTING PERIOD: 1/00
SELECTION CRITERIA: ALL
FUND - 61 - FLEET MTC INTERNAL SVC FU
FUNCTION - 61 - FLEET MTC INTERNAL SVC FU
ACCOUNT - - - - - TITLE - - - - -
54901 FLEET MTC O&M SERVICES
54903 SALES OF FUEL
TOTAL CHARGES FOR SERVICES
58999 MISC NONCLASSIFIED REVENU
TOTAL OTHER REVENUES
59303 CAPITAL LEASE PROCEEDS
TOTAL OTHER SOURCES
TOTAL FLEET MTC INTERNAL SVC FU
TOTAL FLEET MTC INTERNAL SVC FU
TOWN OF AVON
PROGRAM REVENUE STATUS
PAGE 13
PERIOD YEAR TO DATE YTD/
BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
1,332,693.00 .00 .00 .00 1,332,693.00 .00
32,500.00 .00 .00 .00 32,500.00 .00
1,365,193.00 .00 .00 .00 1,365,193.00 .00
41,530.00 .00 .00 .00 41,530.00 .00
41,530.00 .00 .00 .00 41,530.00 .00
28,000.00 .00 .00 .00 28,000.00 .00
28,000.00 .00 .00 .00 28,000.00 .00
1,434,723.00 .00 .00 .00 1,434,723.00 .00
1,434,723.00 .00 .00 .00 1,434,723.00 .00
RUN DATE 02/09/00 TIME 12:48:34 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 13
ACCOUNTING PERIOD: 1/00 PROG RAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 61 - FLEET MTC INTERNAL SVC FU
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC t EXP BALANCE BUD
434 FLEET MTC (NON-TRANSIT) 1,415,185.00 65,717.08 .00 65,717.08 1,349,467.92 .05
TOTAL TRANSPORTATION 1,415,185.00 65,717.08 .00 65,717.08 1,349,467.92 .05
TOTAL PUBLIC WORKS 1,415,185.00 65,717.08 .00 65,717.08 1,349,467.92 OS
TOTAL FLEET MTC INTERNAL SVC FU 1,415,185.00 65,717.08 .00 65,717.08 1,349,467.92 .OS
RUN DATE 02/09/00 TIME 12:49:29 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 14
ACCOUNTING PERIOD: 1/00 PROGRAM REVENUE STATUS
SELECTION CRITERIA: ALL
FUND - 63 - EQUIP REPLACEMENT IS FUND
FUNCTION - 63 - EQUIP REPLACEMENT IS FUND
PERIOD YEAR TO DATE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD
54904 EQUIPMENT RENTAL CHARGES 463,894.00 38,657.74 .00 38,657.74 425,236.26 .08
TOTAL CHARGES FOR SERVICES 463,894.00 38,657.74 .00 38,657.74 425,236.26 .08
59201 OPERATING TRANSFERS IN 100,000.00 .00 .00 .00 100,000.00 .00
TOTAL OTHER SOURCES 100,000.00 .00 .00 .00 100,000.00 .00
TOTAL EQUIP REPLACEMENT IS FUND 563,894.00 38,657.74 .00 38,657.74 525,236.26 .07
TOTAL EQUIP REPLACEMENT IS FUND 563,894.00 38,657.74 .00 38,657.74 525,236.26 .07
TOTAL REPORT 22,139,947.00 314,766.26 .00 314,766.26 21,825,180.74 .01
RUN DATE 02/09/00 TIME 12:48:34 PENTAMATION - FUND ACCOUNTING MANAGER
02/09/00 TOWN OF AVON PAGE 14
ACCOUNTING PERIOD: 1/00 PROGRAM EXPENDITURE SUMMARY
SELECTION CRITERIA: ALL
FUND - 63 - EQUIP REPLACEMENT IS FUND
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD
811 FLEET & HEAVY EQUIPMENT 230,900.00 .00 .00 .00 230,900.00 .00
TOTAL FLEET & HEAVY EQUIPMENT 230,900.00 .00 .00 .00 230,900.00 .00
812 RECREATION EQUIPMENT 43,400.00 .00 .00 .00 43,400.00 .00
TOTAL RECREATION EQUIPMENT 43,400.00 .00 .00 .00 43,400.00 .00
TOTAL EQUIPMENT REPLACEMENT 274,300.00 .00 .00 .00 274,300.00 .00
TOTAL EQUIP REPLACEMENT IS FUND 274,300.00 .00 .00 .00 274,300.00 .00
TOTAL RE PORT 22,592,915.00 1,412,142.13 .00 1,412,142.13 21,180,772.87 .06
RUN DATE 02/09/00 TIME 12:49:29 PENTAMATION - FUND ACCOUNTING MANAGER
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 1999
Purchaser
Name
Property Amount of RETT
Received
$1,724,848.63
Dantas Lot 10 Bilk 2 WR (1,407.20)
Thompson Chapel Square #BR225 $5,180.00
Bresler/Danese Avon Town Square Commercial #104 $2,980.00
Gough Benchmark #A-1 $1,746.00
Shira Christie Lodge Timeshares 200.00
Christoferson Avon Crossing #4204 910.00
Stroker Chapel Square #BR314 7,860.00
Fehr Avon Lake Villas #G-1 3,280.00
Jorge Holdinins II LLC Chapel Square #BR230 5,922.00
Burnett Benchmark #B12 1,300.00
Eagle County Title Lakeside Terrace Timeshares 2,439.10
Eagle County Title Lakeside Terrace Timeshares 679.80
Eagle County Title Christie Lodge Timeshares 5,145.00
Eagle County Title Christie Lodge Timeshares 924.00
Eagle County Title Lakeside Terrace Timeshares 600.00
Eagle County Title Lakeside Terrace Timeshares 4,900.00
Eagle County Title Lakeside Terrace Timeshares 4,900.00
Eagle County Title Lakeside Terrace Timeshares 600.00
Graham Rockin Horse Ridge #C1 4,980.00
Tebo Chapel Square #BR309 4,872.00
Tebo Chapel Square #BR219 5,862.00
Felix Chapel Square #BR311 4,872.00
Sterns/Lyons The Seasons #418 4,250.00
1
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 1999
Purchaser Amount of RETT
Name Property Received
Avon Commercial Center Avon Commercial #232 5,700.00
Fahrenholtz Avon Commercial #236 7,700.00
Christie Lodge Christie Lodge Timeshares 3,755.90
Karpen
Vinaresik
Wildridge Lot 92 LLC
Mclaine Ventures of Colorado Ir
Phillip Walters Revocable Trust
Mclaine Ventures of Colorado
Mclaine Ventures of Colorado
Daly/Gallaher
Beth Lehn Trust
Brookside #402
Canyon Run #E101
Lot 92 Blk 1 WR
i, Chapel Square #BR205
Chapel Square #BR313
Chapel Square #BR226
Chapel Square #BR224
Chapel Square #BR207
Chapel Square #BR327
Peck Chapel Square #BR221
Luzar/Rumaine Chapel Square #BR201
Llapitan Elk Run Townhomes
May/May Sr Lot 8 Blk 1 Eaglebend
Holmes/Weems Benchmark #132
Falck Lot 6 Bik 2 WR
Wages Canyon Run #F201
Kenney Sunridge #13205
White Buck Creek #C103
Haag Avon Lake Villas #H1
Kovacik
Piavec III
Kenney
Lot 11 Blk 1 Eaglebend
Lot 20 Blk 2 and Lot 9 Blk 3 WR
Sunridge #N204
11,900.00
8,640.00
$3,280.00
$4,880.00
$4,784.04
$4,730.00
$4,730.00
$4,980.00
$4,932.00
$6,282.00
$4,980.00
$2,540.00
$6,000.00
$880.00
$13,190.00
$9,050.00
$2,740.00
$4,350.00
$3,420.00
$3,060.00
$6,460.00
$2,700.00
2
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 1999
Purchaser Amount of RETT
Name Property Received
Cunningham Lots 31 B Blk 2 WR $4,700.00
Veronica Kelly Testamentary Tn. Canyon Run #C102 $6,780.00
Mach Lot 45 Bik 2 WR $2,200.00
Bull Lot 46 Blk 3 WR $15,500.00
Hoeft Lot 18C Blk 2 WR $3,380.00
Thompson Sunnyside At Avon $5,900.00
Ditommaso Canyon Run #302 $8,240.00
Eagle County Title Lakeside Terrace Timeshares $11,476.40
Eagle County Title Lakeside Terrace Timeshares $11,207.20
Eagle County Title Lakeside Terrace $10,395.51
P.O.C. Realty Inc Christie Lodge Timeshares $1,418.00
P.O.C. Realty Inc Christie Lodge Timeshares $2,083.30
P.O.C. Realty Inc Christie Lodge Timeshares $1,865.90
Maguire Lot 43 Blk 2 Canyon Oaks WR $8,400.00
Land Title Guarantee Falcon Pointe Timeshares $1,894.70
Silverman Chapel Square #BR301 $4,662.00
Dobler Chapel Square #BR324 $4,662.00
Solomon Chapel Square #BR310 $7,342.00
Zeavon Properties LLC Chapel Square #BR330 $6,210.00
Higgins Chapel Square #BR214 $7,500.00
Jenkins Chapel Square #BR331 $5,480.00
Woodpole Properties Inc Chapel Square #BR322 $5,024.60
Tybyn Properties LLC Chapel Square #BR303 $3,006.00
Wilford/Kogl Rockin Horse Ridge #C3 $7,500.00
3
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 1999
Purchaser Amount of RETT
Name Property Received
Lindquist Avon Lake Villas $4,300.00
Lozier Lodge at Brookside #313 $4,640.00
P.O.C. Realty Inc Christie Lodge Timeshares $1,995.30
P.O.C. Realty Inc Christie Lodge Timeshares $2,873.20
P.O.C. Realty Inc Christie Lodge Timeshares $2,020.60
Van Camp Avon Lake Villas $1,025.00
Powell Lot 4 Blk 1 Eaglebend $12,300.00
P.O.C. Realty Inc Lakeside Terrace $2,419.40
Land Title Guarantee Falcon Pointe Timeshares $569.90
Land Title Guarantee Falcon Pointe Timeshares $1,779.60
Shah Chapel Square #BR223 $2,934.00
Willoughby Chapel Square #BR228 $4,900.00
Rasmuson Chapel Square #BR307 $5,230.00
Enlor Corp Chapel Square #BR231 $5,300.00
B & J Holding Inc Chapel Square #BR305 $4,932.00
B & J Holding Inc Chapel Square #BR308 $2,862.00
Tybyn Properties LLC Chapel Square #BR233 $2,682.00
Kobs Falcon Pointe Timeshares $160.00
P.O.C. Realty Inc Christie Lodge Timeshares $4,756.80
P.O.C Realty Inc Christie Lodge Timeshares $2,044.80
P.O.C. Realty Inc Lakeside Terrace Timeshares $1,199.70
P.O.C. Realty Inc Lakeside Terrace Timeshares $10,231.30
P.O.C. Realty Inc Lakeside Terrace Timeshares $5,658.30
P.O.C. Realty Inc Lakeside Terrace Timeshares $8,256.10
P.O.C. Realty Inc Lakeside Terrace Timeshares $6,188.50
4
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 1999
Purchaser
Name
Property Amount of RETT
Received
P.O.C. Realty Inc Lakeside Terrace Timeshares $7,757.90
P.O.C. Realty Inc Lakeside Terrace Timeshares $5,636.62
The Providers Benchmark #134 $600.00
Eagle County Title Corp Lakeside Terrace Timeshares $1,373.42
Eagle County Title Lakeside Terrace Timeshares $6,954.08
P.O.C. Realty Inc Christie Lodge Timeshares $1,823.90
Eagle County Title Lakeside Terrace Timeshares $399.90
Eagle Connty Title Lakeside Terrace Timeshares $12,349.55
P.O.C. Realty Lakeside Terrace Timeshares $4,649.00
P.O.C. Realty Lakeside Terrace Timeshares $6,028.70
P.O.C. Realty Lakeside Terrace Timeshares $4,952.63
P.O.C. Realty Lakeside Terrace Timeshares $9,038.30
Land Title Guarantee Falcon Pointe Timeshares $999.60
P.O.C. Realty Inc Lakeside Terrace Timeshares $7,457.50
Morales/Gonzalez Sunnyside #A $1,758.00
Grand Total Through December $2,253,372.48
5
Purchaser
Name
O'brien
Davis/Krueger
Blair
POC
Tylich
Misali
Mullerworth/Ahluwalia
Russell
Land Title Guarantee
Uberbacher
Jenkins
Ruger
Nassi
Ivy
Ghadimi
Luzar/Rumaine
Escott
Tredeaux
Manning
Bassin
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2000
Amount of RETT
Property Received
Brookside #401
Lot 3 Blk 1 Eaglebend
Lot 2 Blk 2 WR
Christie Lodge Timeshares
Lot 42 Blk 1 Benchmark
The Seasons #521
Bridgewater Terrace #A6
Greenbrier #A1
Falcon Pointe Timeshares
Chapel Square #BR320
Chapel Square #BR329
Chapel Square #BR328
Chapel Square #BR213
Wildcat Ridge Lot 7
Chapel Square #BR210
Chapel Square #BR232
Chapel Square #BR326
Chapel Square #BR325
Chapel Square #BR332
Sunridge #201
Total Through January
10,172.24
$4,200.00
$9,000.00
543.66
7,300.00
1,941.00
4,900.00
240.00
359.90
6,180.00
5,480.00
4,830.60
4,980.00
3,924.00
7,200.00
4,900.00
4,662.00
5,480.00
5,600.00
2,800.00
$94,693.40
1
TOWN OF AVON
SALES TAX BY MONTH
1995 94'-95% 1996 95'-96'% 1997 96'-97% 1998 97'-98'% 1999 98'-99% Total 5-Yr
Change Change Change Change Change % Increase
January 313,193.10 12.50% 332,198.39 6.07% 377,597.32 13.67% 379,424.41 0.48% 384,939.69 1.45% 22.91%
February 296,622.68 1237% 327,012.10 10.25% 362,516.58 10.86% 378,112.00 4.30% 397,323.16 5.08% 33.95%
March 954.76
373 10.39% 407,980.62 9.10% 468,675.51 14.88% 460,191.56 -1.81% 474,933.06 3.20% 27.00%
April ,
226,920.04 10.94% 252,927.51 11.46% 265,356.48 4.91% 310,197.72 16.90% 302,864.19 -2.36% 33.47%
May 200,814.43 8.48% 222,069.74 10.58% 241,012.56 8.53% 249,079.90 3.35% 265,405.35 6.55% 32.16%
June 827.99
267 16.56% 298,11141 11.31% 313,116.79 5.03% 337,562.03 7.81% 395,755.68 17.24% 47.76%
July ,
286,059.20 4.58% 335,119.67 17.15% 353,101.99 5.37% 370,086.73 4.81% 395,954.38 6.99% 38.42%
August 285,095.44 7.60% 324,451.49 13.80% 338,134.48 4.22% 363,110.96 7.39% 366,648.94 0.97% 28.61%
September 268,472.52 11.17% 302,523.86 12.68% 319,410.91 5.58% 333,508.38 4.41% 364,432.54 9.27% 35.74%
October 532.43
222 -1.27% 266,050.77 19.56% 263,685.99 -0.89% 305,035.11 15.68% 295,541.62 -3.11% 32.81%
November ,
955.24
260 5.29% 285,178.12 9.28% 339,200.41 18.94% 335,073.59 -1.22% 320,335.28 -4.40% 22.75%
December ,
445,111.39 6.18% 509,177.82 14.39% 533,904.08 4.86% 550,077.22 3.03% 564,813.35 2.68% 26.89%
YTD Total 3,447,559.22 8.69% 3,862,803.50 12.04% 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 3.60% 31.37%
YTD Through December Collections 1995-1999
5,000,000.00
4,500,000.00
4,000,000.00
3,500,000.00
3,000,000.00
2,500,000.00
2,000,000.00
1,500,000.00
1,000,000.00
500,000.00
1995
Year
TOWN OF AVON
ACCOMODATIONS TAX BY MONTH
1995 94'-95'%
Change 1996 95'-96'%
Change 1997 96'-97%
Change 1998 97'-98%
Change 1999 981-99%
Change Total5-Yr
% Increase
January 40,479.90 14.99% 37,787.01 -6.65% 39,958.27 5.75% 39,357.21 -1.50% 41,102.99 4.44% 1.54%
February 38,234.43 12.16% 42,386.61 10.86% 45,305.47 6.89% 42,76924 -5.60% 36,985.03 -13.52% -3.27%
March 091.56
53 -2.63% 55,682,23 5.26% 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% -20.86%
April ,
10,992.06 -4.38% 11,890.97 8.18% 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% 5.61%
May 5,443.89 27.91% 6,703.77 23.14% 8,759.53 30.67% 5,762.93 -3421% 6,117.50 6.15% 12.37%
June 12,840.09 53.45% 12,633.34 -1.61% 13,98239 10.68% 12,609.03 -9.82% 14,958.28 18.63% 16.50%
July 16,877.02 6.76% 19,949.49 18.21% 21,298.64 616% 20,845.64 -2.13% 21,120.57 1.32% 25.14%
August 15,370.05 4.10% 20,391.40 32.67% 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% 7.05%
September 13,409.08 17.76% 13,093.39 -2.35% 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% -23.18%
October 506.89
9 47.00% 10,832.98 13.95% 8,819.05 -18.59% 8,315.76 -5.71% 7,258.18 -12.72% -23.65%
November ,
664.99
14 62.34% 12,824.84 -12.55% 12,112.05 -5.56% 10,81322 -10.72% 7,889.97 -27.03% -46.20%
December ,
31,646.48 -12.09% 33,623.20 6.25% 40,000.05 18.97% 32,602.89 -18.49% 25,60629 -21.46% -19.09%
YTD Total 262,556.46 8.77% 277,999.23 5.88% 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% -8.05%
YTD Through December Collections 1995-1999
Monthly Collections for December 1995-1999
45,000.00
40,000.00
35,000.00
30,000.00
25,000.00
20,000.00
15,000.00
10,000.00
5,000.00
__ ----- - ----} '
1995 1996 1997 1998 1999
02/17/00 TOWN OF AVON PAGE 1
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION C RITERIA: transact.check no between 167854' and 167988'
FUND - 10 - GENERAL FUND
CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67854 02/22/00 3CMA 3CMA 114 MEMBERSHIP/2000 315.00
11101 67858 02/22/00 ACCESSLO ACCESS LOCK & KEY, INC 415 LOCKS FOR PARTS STORAGE 79.00
11101 67860 02/22/00 AIRTOUCH AIR TOUCH CELLULAR 10 CELL SVC 1/6-2/05 11.49
11101 67861 02/22/00 T0000526 ALAN C WILSON 10 TRAVEL ADVANCE 175.00
11101 67862 02/22/00 ALPHASHI ALPHA SHIRT WORKS COMPANY 111 DENIM JACKETS 259.42
11101 67863 02/22/00 ALPINECO ALPINE COFFEE SERVICE, IN 149 COFFEE SUPPLIES 79.95
11101 67863 02/22/00 ALPINECO ALPINE COFFEE SERVICE, IN 149 COFFEE SUPPLIES 66.00
11101 67863 02/22/00 ALPINECO ALPINE COFFEE SERVICE, IN 211 TEA 7.85
11101 67863 02/22/00 ALPINECO ALPINE COFFEE SERVICE, IN 312 COFFEE SUPPLIES 82.30
TOTAL CHECK 236.10
11101 67864 02/22/00 AMERICAN AMERICAN RED CROSS 516 PROVIDER FEES 7.70
11101 67867 02/22/00 ASPENTRO ASPEN TROPHIES 111 TROPHY CASE 1,137.40
11101 67872 02/22/00 BRADFORD BRADFORD PUBLISHING 314 VEHICLES & TRAFFIC BOOK 199.35
11101 67873 02/22/00 BROWNING BROWNING FERRIS INDUSTRIE 414 TRASH COLLECTION/JAN 237.72
11101 67873 02/22/00 BROWNING BROWNING FERRIS INDUSTRIE 414 TRASH COLLECTION/JAN 443.66
11101 67873 02/22/00 BROWNING BROWNING FERRIS INDUSTRIE 414 TRASH COLLECTION/FEB 61.60
TOTAL CHECK 742.98
11101 67874 02/22/00 CABARETD CABARET DIOSA 513 DEPOSIT FOR BAND 1,000.00
11101 67876 02/22/00 CHANNELS CHANNEL 5 10 4TH QTR FRANCHISE FEE 3,664.84
11101 67877 02/22/00 CIRSA CIRSA 311 POLICE WORKBOOK 8.50
11101 67879 02/22/00 CGFOA CO GOVERNMENT FINANCE OFF 141 MEMBERSHIP DUES/MCCOY 30.00
11101 67879 02/22/00 CGFOA CO GOVERNMENT FINANCE OFF 141 MEMBERSHIP DUES/WRIGHT 30.00
TOTAL CHECK 60.00
11101 67883 02/22/00 COKITCHE COLORADO KITCHENS, LTD 415 CABINETS 204.00
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 149 MISC OFFICE SUPP 8.52
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 311 OFFICE SUPP/POLICE 323.29
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 131 OFFICE SUPPLIES/HR 79.36
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 121 OFFICE SUPP/COURT 5.63
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 141 OFFICE SUPP/FINANCE 102.84
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 149 OFFICE SUPP/GEN 177.22
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 141 OFFICE SUPP/FINANCE 71.11
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 149 RECD STAMP 47.74
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 311 OFFICE SUPP/POLICE 82.50
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 514 CLIPBOARD, ENVELOPES 60.16
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 141 OFFICE SUPP/FINANCE 4.45
TOTAL CHECK 962.82
RUN DATE 02/17/00 TIME 16:14:50 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 2
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 10 - GENERAL FUND
CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67885 02/22/00 CSOC COUNTY SHERIFFS OF COLORA 312 CLASS REGISTRATION 380.00
11101 67888 02/22/00 DISCOUNT DISCOUNT SCHOOL SUPPLY 521 FUSE BEADS 41.29
11101 67889 02/22/00 DOCTORSO DOCTORS ON CALL 312 DRUG TESTING 50.00
11101 67891 02/22/00 DOUBLETR DOUBLETREE HOTEL 313 LODGING/A WILSON 345.00
11101 67893 02/22/00 EACOCLER EAGLE COUNTY CLERK 141 JAN SALES BOOK 7.50
11101 67894 02/22/00 EACOSHER EAGLE COUNTY SHERIFF 121 SERVICE OF SUBPEONA 29.26
11101 67896 02/22/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER 6 SEWER 12/1-1/6 197.56
11101 67900 02/22/00 FEDERALE FEDERAL EXPRESS 10 OVERNIGHT SHIPPING 15.40
11101 67900 02/22/00 FEDERALE FEDERAL EXPRESS 149 OVERNIGHT SHIPPING 43.25
11101 67900 02/22/00 FEDERALE FEDERAL EXPRESS 514 OVERNIGHT SHIPPING 13.75
TOTAL CHECK 72,40
11101 67901 02/22/00 FOTOFINI FOTO FINISH 412 PHOTO PROCESSING 7.95
11101 67905 02/22/00 GALLSINC GALL'S INC. 311 UNIFORM ACCESS/POLICE 29.57
11101 67905 02/22/00 GALLSINC GALL'S INC. 312 UNIFORM ACCESS/POLICE 29.58
TOTAL CHECK 59.15
11101 67910 02/22/00 GRAPHICC GRAPHIC CONCEPTS, INC 141 TAX BOOKLETS, ENVELOPES 2,395.27
11101 67910 02/22/00 GRAPHICC GRAPHIC CONCEPTS, INC 141 ENVELOPES 282.95
TOTAL CHECK 2,678.22
11101 67911 02/22/00 GRATEFUL GRATEFUL BREAD 211 BAGELS FOR STAFF MEETING 13.84
11101 67911 02/22/00 GRATEFUL GRATEFUL BREAD 211 BAGELS FOR STAFF MEETING 13.93
TOTAL CHECK 27.77
11101 67914 02/22/00 HICOUNTR HIGH COUNTRY COPIERS 514 YELLOW TONER 185.00
11101 67914 02/22/00 HICOUNTR HIGH COUNTRY COPIERS 514 FAX PRINTER/REC 13,770.00
TOTAL CHECK 13,955.00
11101 67915 02/22/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC SVC 1/1-1/28 14.96
11101 67915 02/22/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC SVC 1/28-2/9 22.42
11101 67915 02/22/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC SVC 1/28-2/9 31.54
TOTAL CHECK 68.92
11101 67917 02/22/00 IACPTRAI IACP TRAINING KEYS 312 TRAINING KEY SUBS/2000 90.00
11101 67918 02/22/00 T0000564 IMPACT GRAPHICS 4 SIGNS 121 NAME PLATE/HILMER 16.00
11101 67919 02/22/00 INSTOFAP INSTITUTE OF APPLIED FORE 313 REGIS FEE/WILSON 525.00
11101 67920 02/22/00 INTERCAR INTERCARE HEALTH PLANS 10 HEALTH INS PREM/PEH 62,237.76
11101 67920 02/22/00 INTERCAR INTERCARE HEALTH PLANS 10 LIP INS PREM/FEB 2,565.08
RUN DATE 02/17/00 TIME 16:14:51 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 3
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 10 - GENERAL FUND
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67920 02/22/00 INTERCAR INTERCARE HEALTH PLANS 10 DENTAL INS PREM/FEB 7,334.00
TOTAL CHECK 72,136.84
11101 67922 02/22/00 KAMENSUP KAMEN SUPPLY COMPANY 414 WHITE CLOSET SEAT 11.51
11101 67922 02/22/00 KAMENSUP KAMEN SUPPLY COMPANY 414 BALL VALVE 4.31
11101 67922 02/22/00 KAMENSUP KAMEN SUPPLY COMPANY 414 WALL HYDRANT 15.44
TOTAL CHECK 31.26
11101 67923 02/22/00 NASHKRIS KRIS NASH 115 MILEAGE REIMS 128.37
11101 67924 02/22/00 KZYRFMRA KZYR-FM RADIO 515 ADVERTISING/REC 150.00
11101 67925 02/22/00 LABSAFET LAB SAFETY SUPPLY, INC. 415 MISC CLEANING SUPP 25.30
11101 67925 02/22/00 LABSAFET LAB SAFETY SUPPLY, INC. 415 MISC CLEANING SUPP 254.84
TOTAL CHECK 280.14
11101 67926 02/22/00 LAKECOUN LAKE COUNTY SHERIFF 121 SVC OF SUBPEONA 7.50
11101 67927 02/22/00 LAVENTR LAVENTURE ENGINEERING ASS 414 REC CTR OUTDOOR POWER 1,370.14
11101 67929 02/22/00 LEGACYCO LEGACY COMMUNICATIONS, IN 312 RADIO REPAIR 247.00
11101 67930 02/22/00 LEWAN&AS LEWAN & ASSOCIATES, INC 311 FAX TONER 74.77
11101 67930 02/22/00 LEWAN&AS LEWAN & ASSOCIATES, INC 311 FAX TONER 74.77
TOTAL CHECK 149.54
11101 67931 02/22/00 LIL'JOHN LIL'JOHN'S WATER TREATMEN 149 COOLER RENT/MARCH 80.00
11101 67932 02/22/00 MICROWAR MICROWAREHOUSE 113 TONER CARTRIDGE 137.95
11101 67933 02/22/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 PAGER, NUMBER TRANSFER 62.50
11101 67933 02/22/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 312 PAGING/949-6968 32.94
11101 67933 02/22/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 411 BATTERY, ANTENNA 114.00
11101 67933 02/22/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 211 CELL PHONE BOLSTER 29.00
11101 67933 02/22/00 MTNCOMMU MOUNTAIN COMMUNIC. & ELEC 411 RADIO SVC 240.00
TOTAL CHECK 478.44
11101 67945 02/22/00 NIKPUBLI NIK PUBLIC SAFETY, INC 313 NIK REFILL 225.00
11101 67947 02/22/00 NORTHERN NORTHERN TOOL & EQUIPMENT 415 SMALL PARTS FOR EQUIP 52.42
11101 67949 02/22/00 NRPA NRPA 516 AQUATIC CODES 22.95
11101 67950 02/22/00 OFFICEDE OFFICE DEPOT 211 OFFICE SUPP/COMM DV 38.00
11101 67950 02/22/00 OFFICEDE OFFICE DEPOT 414 CHAIR MATS 214.76
11101 67950 02/22/00 OFFICEDE OFFICE DEPOT 411 TYPEWRITER RIBBON 7.96
11101 67950 02/22/00 OFFICEDE OFFICE DEPOT 514 OFFICE SUPP/REC 136.04
TOTAL CHECK 396.76
11101 67951 02/22/00 OFFICETE OFFICE TECKNOWLEDGY 141 REPAIR PRINTER/FINANCE 95.00
RUN DATE 02/17/00 TIME 16:14:51 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 4
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: tran sact.check no between 167854' and 167988'
FUND - 10 - GENERAL FUND
CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67952 02/22/00 PADGETTT PADGETT THOMPSON 132 SEMINAR REG/MAYS 469.00
11101 67953 02/22/00 PEREGRIN PEREGRINE PRESS 213 RUBBER STAMPS 99.35
11101 67953 02/22/00 PEREGRIN PEREGRINE PRESS 311 2-PART PERMITS 83.50
11101 67953 02/22/00 PEREGRIN PEREGRINE PRESS 213 RUBBER STAMP 20.48
11101 67953 02/22/00 PEREGRIN PEREGRINE PRESS 141 BUDGET BOOKS/2000 2,385.48
TOTAL CHECK 2,588.81
11101 67954 02/22/00 PERFORME PERFORMANCE ENHANCEMENTS, 143 CONSULTING 1,429.45
11101 67954 02/22/00 PERFORME PERFORMANCE ENHANCEMENTS, 143 CONSULTING 40.00
TOTAL CHECK 1,469.45
11101 67955 02/22/00 PHOENIXF PHOENIX FIRE PROTECTION 10 REFUND OF FEES 29.15
11101 67955 02/22/00 PHOENIXF PHOENIX FIRE PROTECTION 10 REFUND OF FEES 44.85
TOTAL CHECK 74.00
11101 67957 02/22/00 PROMISEE PROMISE ENTERPRISES 519 BOXING GLOVES 421.35
11101 67958 02/22/00 PRYORRES PRYOR RESOURCES, INC 212 SEMINAR REG/FITE,BORNE 195.00
11101 67959 02/22/00 PUBLSERV PUBLIC SERVICE COMPANY 414 GAS SVC 1/4-1/28 606.79
11101 67959 02/22/00 PUBLSERV PUBLIC SERVICE COMPANY 414 GAS SVC 1/4-1/28 317.45
11101 67959 02/22/00 PUBLSERV PUBLIC SERVICE COMPANY 414 GAS SVC 12/29-1/31 298.86
TOTAL CHECK 1,223.10
11101 67960 02/22/00 RECREONI RECREONICS 516 PORTABLE CHAIR 1,062.40
11101 67961 02/22/00 REDTAILC REDTAIL CONTRACTING, INC 415 PICNIC SHELTER 5,726.80
11101 67963 02/22/00 RIVIERAE RIVIERA ELECTRIC 415 PUMPHOUSE OUTLETS 1,841.00
11101 67964 02/22/00 T0000635 ROBERT BRANDEN 516 REIMB FOR TRAVEL EXP 118.80
11101 67965 02/22/00 S&SWORLD S & S WORLDWIDE 521 GATOR SKIN BALLS 59.94
11101 67967 02/22/00 SPECIALE SPECIAL EVENTS 149 GET WELL FLOWERS/EDWARDS 63.00
11101 67969 02/22/00 TELECOOF TELENETWORKS, INC 514 PHONE REPAIR 112.00
11101 67969 02/22/00 TELECOOF TELENETWORKS, INC 149 PROGRAMMING FEE 25.00
TOTAL CHECK 137.00
11101 67970 02/22/00 THEAEGIS THE AEGIS PROTECTION GROU 214 SEMINAR REG/HODGES 295.00
11101 67971 02/22/00 THECERTE THE CERTEX COMPANY, INC. 141 SUPPORT 3/2/99-3/2/00 345.00
11101 67971 02/22/00 THECERTE THE CERTEX COMPANY, INC. 141 SUPPORT/10/27/99-10/27/00 329.00
TOTAL CHECK 674.00
11101 67972 02/22/00 THEGAZET THE GAZETTE 311 POLICE OFFICER AD 93.60
11101 67973 02/22/00 THYSSEND THYSSEN DOVER ELEVATOR CO 414 ELEVATOR MTNC/FEB 81.27
RUN DATE 02/17/00 TIME 16:14:52 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 5
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION C RITERIA: tran sact.check_no between 167854' and '67988'
FUND - 10 - GENERAL FUND
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 313 UNIFORM ACCESS. 27.03
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 DUTY BELT 41.95
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORMS 900.30
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 UNIFORM 93.85
TOTAL CHECK 1,063.13
11101 67976 02/22/00 UNISOURC UNISOURCE WORLDWIDE, INC 414 JANITORIAL SUPPLIES 208.06
11101 67978 02/22/00 USWESTCO US WEST COMMUNICATIONS 149 PHONE SVC 1/22-2/21 47.08
11101 67979 02/22/00 VAIL66ST VAIL 66 STATION 312 CAR WASHES/JAN 25.00
11101 67981 02/22/00 VAILRESO VAIL RESORTS MANAGEMENT C 514 ADVERTISEMENTS/JAN 400.00
11101 67981 02/22/00 VAILRESO VAIL RESORTS MANAGEMENT C 141 LODGING/KRUEGER 114.19
TOTAL CHECK 514.19
11101 67983 02/22/00 VENTURES VENTURE TEAM SPORTS 515 BROOMBALLS,STICKS,HELMETS 274.46
11101 67983 02/22/00 VENTURES VENTURE TEAM SPORTS 515 LACES 19.35
11101 67983 02/22/00 VENTURES VENTURE TEAM SPORTS 515 SKATE SHARPENER 120.00
TOTAL CHECK 413.81
11101 67984 02/22/00 WHITEGLO WHITE GLOVE AUTO DETAILIN 313 DETAILING VAN/POLICE 212.46
11101 67985 02/22/00 WHITERIV WHITE RIVER ELECTRIC 414 REPLACE BALLASTS 656.75
11101 67987 02/22/00 XEROXCOR XEROX CORPORATION 211 COPIER MAINTENANCE 103.00
11101 67988 02/22/00 ZEEMEDIC ZEE MEDICAL, INC. 311 FIRST AID SUPPLY 56.94
11101 67988 02/22/00 ZEEMEDIC ZEE MEDICAL, INC. 415 FIRST AID SUPPLY 117.89
TOTAL CHECK 174.83
TOTAL CASH ACCOUNT 123,615.76
TOTAL FUND 123,615.76
RUN DATE 02/17/00 TIME 16:14:52 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 6
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 21 - MALL MAINTENANCE FUND
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67947 02/22/00 NORTHERN NORTHERN TOOL & EQUIPMENT 417 SMALL PARTS,NUTS,SCREWS 12.81
TOTAL CASH ACCOUNT 12.81
TOTAL FUND 12.81
RUN DATE 02/17/00 TIME 16:14:52 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 7
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: tran eact.check no between 167854' and 167988'
FUND - 22 - FIRE OPE RATIONS
CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67865 02/22/00 T0000101 ANDY UDOFF 321 REIMB FOR REWARD DINNER 75.00
11101 67866 02/22/00 ARCHCOMM ARCH COMMUNICATIONS 321 PAGER REPLACEMENT 75.00
11101 67868 02/22/00 AT&TWIRE AT&T WIRELESS SERVICES 323 CELL SVC 1/7-2/6 36.71
11101 67868 02/22/00 AT&TWIRE AT&T WIRELESS SERVICES 321 CELL SVC 1/7-2/6 22.34
11101 67868 02/22/00 AT&TWIRE AT&T WIRELESS SERVICES 322 CELL SVC 1/7-2/6 43.88
TOTAL CHECK 102.93
11101 67875 02/22/00 CASCOIND CASCO INDUSTRIES 322 14" LEATHER BOOTS 180.00
11101 67878 02/22/00 CITYMARK CITY MARKET 321 FOOD FOR LUNCHEON 14.60
11101 67881 02/22/00 CODEPTPU COLORADO DEPT. OF PUBLIC 324 RETAKE OF AN EXAM/FIRE 120.00
11101 67884 02/22/00 CORPORAT CORPORATE EXPRESS 321 NEW ENGINEER WORKSTATION 586.50
11101 67899 02/22/00 EDWARDSB EDWARDS BUILDING CENTER 322 MISC SUPPLIES 70.83
11101 67899 02/22/00 EDWARDSB EDWARDS BUILDING CENTER 322 MISC SUPP/Y2X GENERATOR 14.80
TOTAL CHECK 85.63
11101 67900 02/22/00 FEDERALE FEDERAL EXPRESS 321 OVERNIGHT SHIPPING 7.15
11101 67902 02/22/00 FOXINTER FOX INTERNATIONAL LTD, IN 322 AXE, BATTERY PACK 217.41
11101 67913 02/22/00 HEALTHON HEALTH ONE EMS 324 CONFERENCE REGISTRATION 40.00
11101 67929 02/22/00 LEGACYCO LEGACY COMMUNICATIONS, IN 321 RADIO REPAIR 54.30
11101 67944 02/22/00 NATLVELV NATIONAL VELVET 321 DRY CLEANING/FIRE 10.10
11101 67946 02/22/00 NORDICRE NORDIC REFRIGERATION 321 REFRIGERATOR REPAIR 64.00
11101 67959 02/22/00 PUBLSERV PUBLIC SERVICE COMPANY 321 GAS SVC 1/4-1/28 183.22
11101 67974 02/22/00 TOTALSAF TOTAL SAFETY/HAZCO 322 BELT CLIP SCREW,BATTERY 3.20
11101 67978 02/22/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 2/4-3/3 88.64
11101 67978 02/22/00 USWESTCO US WEST COMMUNICATIONS 321 CREDIT FOR DISCONNECTION -268.63
11101 67978 02/22/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 2/4-3/3 44.95
11101 67978 02/22/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 1/22-2/21 44.18
11101 67978 02/22/00 USWESTCO US WEST COMMUNICATIONS 321 PHONE SVC 12/22-1/21 44.13
TOTAL CHECK -46.73
11101 67980 02/22/00 VAILHONE VAIL HONEYWAGON 321 TRASH COLLECTION/JAN 3,207.00
11101 67962 02/22/00 VAILVALM VAIL VALLEY MEDICAL 321 PHYSICAL EXAM/LAMB 1,422.80
11101 67985 02/22/00 WHITERIV WHITE RIVER ELECTRIC 321 ELECTRIC REPAIRS/FIRE 113.72
11101 67985 02/22/00 WHITERIV WHITE RIVER ELECTRIC 321 ELECTRIC REPAIRS/FIRS 66.15
11101 67965 02/22/00 WHITERIV WHITE RIVER ELECTRIC 321 ELECTRIC REPAIRS/FIRS 215.48
RUN DATE 02/17/00 TIME 16:14:53 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 22 - FIRE OPERATIONS
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION-------
TOTAL CHECK
TOTAL CASH ACCOUNT
TOTAL FUND
PAGE 8
AMOUNT
395.35
6,797.46
6,797.46
RUN DATE 02/17/00 TIME 16:14:53 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 9
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 23 - EMPLOYEE HOUSING FUND
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67898 02/22/00 EAGLEBEN EAGLEBEND AFFORDABLE HOUS 436 MARCH RENT 5,440.00
TOTAL CASH ACCOUNT 5,440.00
TOTAL FUND 5,440.00
RUN DATE 02/17/00 TIME 16:14:53 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION C RITERIA: transact.check no between 167854' and 167988,
FUND - 24 - WATER FUND
CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION-------
11101 67871 02/22/00 BOBCATOF BOBCAT OF THE ROCKIES 424 EXCAVATOR, EXCHANGE BUCKT
11101 67934 02/22/00 MTNSTAR MOUNTAIN STAR 424 TAP FEE REIMB
11101 67962 02/22/00 RIVERVIE RIVERVIEW PARK ASSOCIATES 424 TAP FEE REIMB
TOTAL CASH ACCOUNT
TOTAL FUND
PAGE 10
AMOUNT
23,225.00
5,532.00
8,000.00
36,757.00
36,757.00
RUN DATE 02/17/00 TIME 16:14:53 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 11
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between 167854' and 167988'
FUND - 41 - CAPITAL PROJECTS FUND
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67890 02/22/00 DODGECON DODGE CONSTRUCTION PUBLIC 800 FINAL SETTLEMENT PUBLICA 99 .60
11101 67897 02/22/00 EAGLESUM EAGLE-SUMMIT PUBLISHING 800 FINAL SETTLEMENT ADS 23 .32
TOTAL CASH ACCOUNT 122 .92
TOTAL FUND 122 .92
RUN DATE 02/17/00 TIME 16:14:53 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 52 - TRANSIT ENTERPRISE FUND
CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION-------
11101 67869 02/22/00 AVONSELF AVON SELF STORAGE 431 STORAGE RENT/MARCH
11101 67887 02/22/00 DEEPROCK DEEP ROCK WEST 432 DRINKING WATER/JAN
11101 67889 02/22/00 DOCTORSO DOCTORS ON CALL 432 DRUG TESTS/JAN
11101 67900 02/22/00 FEDERALE FEDERAL EXPRESS 433 OVERNIGHT SHIPPING
11101 67901 02/22/00 FOTOFINI FOTO FINISH 432 PHOTO PROCESSING
11101 67930 02/22/00 LEWAN&AS LEWAN & ASSOCIATES, INC 431 COPIER REPAIR
11101 67930 02/22/00 LEWAN&AS LEWAN & ASSOCIATES, INC 431 COMPUTER PRINT TONER
TOTAL CHECK
11101 67966 02/22/00 SIGNONDE SIGN-ON DESIGN & GRAPHICS 432 BUS STOP SIGNS
11101 67988 02/22/00 ZEEMEDIC ZEE MEDICAL, INC. 432 FIRST AID SUPPLY
TOTAL CASH ACCOUNT
TOTAL FUND
PAGE 12
AMOUNT
220.00
172.95
790.00
16.90
16.29
93.00
98.20
191.20
96.00
94.90
1,598.24
1,598.24
RUN DATE 02/17/00 TIME 16:14:53 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 13
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY F UND
SELECTION CRITERIA: trans act.check_no between 167854' and 167988'
FUND - 61 - FLEET MTC INTERNAL SVC FU
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 STARTERS 1,221.65
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 STARTER 403.04
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 MISC PARTS 54.78
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 SWITCH 153.11
11101 67856 02/22/00 A-IAUTOE A-1 AUTO ELECTRIC COMPANY 434 STARTER 403.12
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 DELCO STARTER 402.96
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 REGULATOR 35.29
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 STARTER 403.04
11101 67856 02/22/00 A-IAUTOE A-1 AUTO ELECTRIC COMPANY 434 MISC PARTS 213.20
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 ALTERNATOR 790.67
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 STARTER 221.65
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 MISC PARTS 208.69
11101 67856 02/22/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 REGULATOR 101.25
TOTAL CHECK 4,612.45
11101 67857 02/22/00 ABCPARTS ABC PARTS INC 434 MISC PARTS 19.19
11101 67857 02/22/00 ABCPARTS ABC PARTS INC 434 CREDIT FOR RETURNED PARTS -359.79
11101 67857 02/22/00 ABCPARTS ABC PARTS INC 434 MISC PARTS 14.46
11101 67857 02/22/00 ABCPARTS ABC PARTS INC 434 MISC PARTS 5.60
11101 67857 02/22/00 ABCPARTS ABC PARTS INC 434 MISC PARTS 359.79
TOTAL CHECK 39.25
11101 67859 02/22/00 AGENCYAU AGENCY AUTO GLASS 434 WINDSHIELD 311.70
11101 67870 02/22/00 BERTHODM BERTHOD MOTORS 434 THERMOSTAT, GASKET 21.86
11101 67870 02/22/00 BERTHODM BERTHOD MOTORS 434 WATER PUMP, GASKET 64.30
TOTAL CHECK 86.16
11101 67880 02/22/00 COLLETTE COLLETT ENTERPRISES, INC. 61 DIESEL FUEL 7,765.30
11101 67882 02/22/00 COKENWOR COLORADO KENWORTH, INC. 61 AIR FILTERS 523.56
11101 67886 02/22/00 DAVEYCOA DAVEY COACH SALES, INC. 434 REAR EXIT DOOR,ENTRY DOOR 690.00
11101 67886 02/22/00 DAVEYCOA DAVEY COACH SALES, INC. 434 MIRROR GLASS, DOOR TIMER 608.00
TOTAL CHECK 1,298.00
11101 67892 02/22/00 DRIVETRA DRIVE TRAIN INDUSTRIES 434 REMAN AD9 DRYER 383.81
11101 67892 02/22/00 DRIVETRA DRIVE TRAIN INDUSTRIES 434 SEAL 105.04
11101 67892 02/22/00 DRIVETRA DRIVE TRAIN INDUSTRIES 434 ABS SOL VALVE 434.74
11101 67892 02/22/00 DRIVETRA DRIVE TRAIN INDUSTRIES 61 AD9 DRYER KIT 460.95
11101 67892 02/22/00 DRIVETRA DRIVE TRAIN INDUSTRIES 434 FREIGHT CREDIT -4.84
11101 67892 02/22/00 DRIVETRA DRIVE TRAIN INDUSTRIES 434 CREDIT FOR RETURNED PARTS -1,000.00
TOTAL CHECK 379.70
11101 67895 02/22/00 EARIVERA EAGLE RIVER AUTO BODY 434 TOWING/BUS #8525 339.00
11101 67903 02/22/00 FRONTRAN FRONT RANGE FIRE APPARATU 434 PRIMING VALVE REPAIR 46.99
11101 67903 02/22/00 FRONTRAN FRONT RANGE FIRE APPARATU 434 IN-LINE VALVE 546.30
11101 67903 02/22/00 FRONTRAN FRONT RANGE FIRE APPARATU 434 PRIMER CONTROL CABLE 51.19
TOTAL CHECK 644.48
RUN DATE 02/17/00 TIME 16:14:54 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 61 - FLEET MTC INTERNAL SVC FU
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION-------
11101 67904 02/22/00 G&KSERVI G&K SERVICES 434 LAUNDRY SVC
11101 67906 02/22/00 GAYJOHNS GAY JOHNSON'S, INC 434 TUBE
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 434 MISC PARTS
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 434 AIR SOLENOID VALVE
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 434 JOY STICK SWITCH
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 434 FLASHER, MODULE
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 434 INDICATOR LAMP
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 61 DRIVERS REMOVABLE GLAZING
11101 67907 02/22/00 GILLIGCO GILLIG CORPORATION 434 SUN VISOR, DEFROSTR FAN
TOTAL CHECK
11101 67908 02/22/00 GLENWDEN GLENWOOD ENTERPRISES, INC 434 TOWING/FIRE/#110
11101 67909 02/22/00 GLENFORD GLENWOOD SPRINGS FORD 434 MISC PARTS
11101 67912 02/22/00 HANSONEQ HANSON EQUIPMENT INC 434 MOTOR
11101 67916 02/22/00 HONNENEQ HONNEN EQUIPMENT COMPANY 434 MISC PARTS
11101 67921 02/22/00 HAINESJO JOHN HAINES CHEVROLET 434 PUMP
11101 67928 02/22/00 LEADINGE LEADING EDGE TECHNOLOGIES 434 RADIO PARTS
11101 67928 02/22/00 LEADINGE LEADING EDGE TECHNOLOGIES 434 RADIO REPAIR
TOTAL CHECK
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPA-AUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 BRAKE CLEANER
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 HOSE
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPA-AUTO NAPA AUTO PARTS 434 SPARK PLUGS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 SOCKET, SWITCH
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 GAS HOSES
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 FITTING
PAGE 14
AMOUNT
84.21
56.95
275.76
347.82
331.50
129.61
390.55
65.48
508.08
2,048.80
600.00
421.42
157.86
272.42
468.93
144.00
123.75
267.75
62.48
8.25
35.88
33.24
11.93
9.18
4.59
22.21
19.80
17.84
10.49
53.17
5.84
10.37
2.87
59.55
60.80
48.72
102.30
13.88
4.76
19.04
85.48
3.87
RUN DATE 02/17/00 TIME 16:14:55 PENTAMATION - FUND ACCOUNTING MANAGER
02/11/00 TOWN OF AVON PAGE 15
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check no between 167854' and 167988'
FUND - 61 - FLEET MTC INTERNAL SVC FU
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 AIR FILTER 40.35
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 GAS CAN 9.91
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS' 434 GAS CAN 19.82
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 GAS CAP 30.76
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 BRAKE PADS 35.02
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 BRAKE PADS 62.80
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 BRAKE PADS 140.08
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 STARTER FLUID 36.00
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 OIL FILTER 36.85
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 OIL FILTER,HALOGEN 36.11
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 BATTERY CLEANER 47.42
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 3.06
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 75.07
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 58.66
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 7.56
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 61.68
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 5.52
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 17.56
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 20.75
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 5.29
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 40.00
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 10.46
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 80.94
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 54.68
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 131.04
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 27.85
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 5.90
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 4.88
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 3.78
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 10.37
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR CORE DEPOSIT -19.00
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN -2.38
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 21.98
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 22.90
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 14.35
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 CREDIT FOR RETURN -3.28
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 15.96
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 7.60
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 7.34
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 14.69
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 14.28
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 48.08
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 32.49
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 23.93
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 SWITCH 12.17
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 SWITCHES 35.98
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 10.26
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 BULB 19.80
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 39.37
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 BRAKE PADS 282.68
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 55.46
RUN DATE 02/17/00 TIME 16:14:56 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON
ACCOUNTING PERIOD: 2/00 CHEC K REGISTER - BY FUND
SELECTION CRITERIA: tran sact-check no between 16785 4' an d 167988'
FUND - 61 - FLEET MT C INTERNAL SVC FU
CASH ACCT CHECK NUMBER DATE ISSUED -------- ----- -VEND OR-------------- PROGRAM -------DESCRIPTION-------
11101 67943 02/22/00 NAPA-AUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPA-AUTO NAPA AUTO PARTS 434 DEGREASER
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 FUSEHOLD
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 DEGREASER
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR CORE DEPOSIT
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPA-AUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 SWITCH
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPA-AUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR CORE DEPOSIT
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
11101 67943 02/22/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS
TOTAL CHECK
11101 67948 02/22/00 NOVUSWIN NOVUS AUTOGLASS 434 WINDSHIELD REPAIR
11101 67948 02/22/00 NOVUSWIN NOVUS AUTO GLASS 434 WINDSHEILD REPAIR
11101 67948 02/22/00 NOVUSWIN NOVUS AUTOGLASS 434 WINDSHIELD REPAIR
TOTAL CHECK
11101 67956 02/22/00 PRECINCT PRECI NCT P OLICE PRODUCTS, 434 POLICE VEHICLE SUPP
11101 67959 02/22/00 PUBLSERV PUBLI C SER VICE COMPANY 434 GAS SVC 1/4-1/28
11101 67968 02/22/00 STEWART& STEWA RT & STEVENSON POWER 434 CONNECTOR, TERMINAL
11101 67977 02/22/00 USWELDIN UNITED STA TES WELDING, IN 434 MISC SUPP
11101 67986 02/22/00 WYLACOSU WYLACO SUPPLY COMPANY 434 FLAT STRAP STEEL
TOTAL CASH ACCOUNT
PAGE 16
AMOUNT
22.00
10.38
23.34
90.02
22.36
22.00
23.34
5.99
-26.50
107.83
368.78
9.76
3.89
21.72
80.15
4.37
-43.95
22.00
12.58
-1.58
216.39
20.47
8.17
37.70
-2.75
-66.00
15.72
41.56
56.97
106.94
51.78
9.62
3,756.42
160.00
475.00
390.00
1,025.00
144.87
1,475.42
17.73
47.91
34.13
26,879.42
RUN DATE 02/17/00 TIME 16:14:57 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON PAGE 17
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION CRITERIA: transact.check_no between 161854' and 167988'
FUND - 61 - FLEET MTC INTERNAL SVC FU
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT
TOTAL FUND
26,879.42
RUN DATE 02/17/00 TIME 16:14:57 PENTAMATION - FUND ACCOUNTING MANAGER
02/17/00 TOWN OF AVON
ACCOUNTING PERIOD: 2/00 CHECK REGISTER - BY FUND
SELECTION C RITERIA: tran sact.check no between 167854' and 167988'
FUND - 63 - EQUIP RE PLACEMENT IS FUND
CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION-------
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 811 PARTITION,VAN SCREEN
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 811 VEHICLE ACCESS/POLICE
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 811 PUSH BUMPER
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 811 SMART SIREN
11101 67975 02/22/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 811 TRIPLE OUTLET
TOTAL CHECK
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
PAGE 18
AMOUNT
1,995.00
3,295.20
406.50
889.95
34.50
6,621.15
6,621.15
6,621.15
207,844.76
RUN DATE 02/17/00 TIME 16:14:57 PENTAMATION - FUND ACCOUNTING MANAGER
February 22, 2000
TOWN OF AVON
MANUAL CHECKS PROCESSED BETWEEN MEETINGS
WKA West, Map Usage Fee $300.00
Sharon Sirotek, Speaker for Seminar 400.00
Total Manual Checks $700.00