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TC Council Packet 06-12-2001Town Council Meetings Roll Call Check Sheet Date: Michael Brown ., i Debbie Buckley / Peter Buckley / V Rick Cuny f-- Mac McDevitt 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: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: ?Bill Efting -Larry Brooks Burt Levin " Kris Nash ' Jacquie Halburnt Scott Wright Jeff Layman Charlie Moore ?- Norm Wood Meryl Jacobs Bob Reed -Harry Taylor Mike Matzko Other Staff: rt s ?? K?,UeAl"IC.? STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JUNE 12, 2001, AT 3:30 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:30 PM - 4:30 PM 1.) Village at Avon Site Tour (Meet at Town Hall. Transportation will be provided.) 4:30 PM - 4:45 PM 2.) Village at Avon Preliminary Plan Discussion 4:45 PM - 5:00 PM 3.) 208 Plan Revisions (Regulating Water Quality Plan) Robert Ray, NWCCOG 5:00 PM - 5:15 PM 4.) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC TOWNOF AVON, COLORADO BY: Khsten Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 8, 2001: 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 Memo Date: June 12, 2001 To: Honorable Mayor and Town Council T h r u : Bill Efting, Town Manager From: Tambi Katieb, AIS; ?. Re: NWCCOG 208 Plan Revisions Summary: Robert Ray, Water Quality Director for our Northwest Colorado Council of Governments (NWCCOG), will be making a brief presentation on a proposed revision of the regional Water Quality Management (208) Plan. This plan, which is required by the Federal Clean Water Act, was last revised in 1996 and needs to be updated to reflect current conditions and issues in our region. NWCCOG is designated by the Governor to be the area-wide water quality planning agency. The 208 plan addresses regional water quality issues and provides general development policy statements and innovative management principals that Council may find beneficial as an advisory planning document as the Town continues to grow. Town Manager Comments: Attachments: NWCCOG Presentation Handout I? Water Quality Program Regional Water Quality Managment Plan • Mandated by Clean Water Act o Addresses direct pollutant discharges to streams (point sources) • Addresses overland flow pollution (nonpoint sources) • Being revised on a watershed (holistic) basis with local guidance Water Qualify Advocacy ? In association with the NWCCOG Quality/Quantity Committee Reviews and Technical Assistance 0 Development and discharge permit reviews • Grant development • Special projects 208 Plan o? Required by the Federal Clean Water Act --? NWCCOG designated areawide water quality planning agency by Governor ? Last revised in 5?8 1114 -=? deeds to be updated to reflect current conditions and issues 208 Plan Adresses: ? Regional water quality, using the best information available O-stream standGrds, designations and classifications ® Existing and emerging point and nonpoint sources of water pollution lo-Tools and strategies for water pollution control site Plan approvals for new and expanding wastewater facilities ®Policy statements which provide a common and consistent basis for decision making 1 Why Should We Care? Our economy is based on recreation and tourism in a "pristine IT environment 'Development pressures will affect water quality unless we take proactive steps The poorer the water quality, the greater the costs for water treatment Wildlife is impacted by water quality. Aquatic life has been impacted by mining and development in numerous stream segments throughout the region Water quality standards are currently exceeded at certain places and times of the year Recreation, such as rafting, fishing, and snowmaking is affected by water quality )!?!-Nobody enjoys a polluted stream NWCCOG 208 Plan Approach ?Usa watershed approach (holistic view) ?Identify water quality data sources ?Identify community water quality issues and values Oo-Work with community to identify solutions to water quality issues I n tegrate individual watershed plans into areawide water quality management plan No-Work to implement solutions in the watersheds Northwest Colorado Council of Governments 2001 Regional Water Quality Management Plan (208 Plan) Proposed Changes 03/21/01 DRAFT The 208 Plan revision for 2001 has the following proposed changes: V Recommendations for new water quality standards for the region (including Blue River segments with historical mining water quality impacts such as Peru Creek, the Snake River, and the French Gulch, and the Blue River downstream of French Gulch). Policy 1 and Watershed Plans -Chapter 8. • Strengthen language in Policy 3 justification regarding buffers and wildlife (aquatic and terrestrial) protection as important reasons for water quality protection. Reference JAWRA and ether buffer citations. • Revise Policy 3 Implementation Recommendation language "building setback" to "soil disturbance" setback for consistency. • Highlight the Water Quality Protection Standards in Policy 3 under Implementation Recommendations. 0 The need for (requirement for?) utility plans for wastewater treatment facilities will be discussed with watershed groups and Regional Guidance Group. Would be included in Policy 4 Implementation Recommendations. A process for amending the 208 Plan between WQCC approvals for new sites and plant expansions not discussed in the Plan will be developed. Include in Policy 4, Policy Objectives and Implementation Recommendations. • Policy 4 needs more direction on consolidation of wastewater treatment facilities. • More direction in Policy 4, e.g. operation & maintenance requirements - Implementation Recommendations. Review/revise Chapters 1 [Watershed Overview] of Watershed Plans. • Review Instream Flow Appropriations and discussions - Chapters 2.4 in Watershed Plans. O Compile/analyze/ summarize new water quality monitoring data. Chapter 2 of Watershed Plans. • Intend to use information developed in Upper Colorado River Basin Project, as appropriate, also information from newly colle ,ted and assessed water quality and quantity data (from USGS NAWQA and others. Chapter 3 of Watershed Plans [Water Quality Issues]. • Expand watershed sections on wastewater treatment plants, include new facility and expansion information (3.1.1), 20 year projections & updated population information (3.1.2), Chapter 3 - Point Sources of Watershed Plans, and Appendices 2,3, and 4. • Review and update, if necessary, wasteload allocations for wastewater treatment facilities. Chapters 6 of Watershed Plans. • Discussion on TMDLs, both regional and watershed specific, including timetables. Development of the role of local watershed groups and the NWCCOG in the State's development of TMDLs. Volume 11 and Chapters 5/6 in Watershed Plans. • Update on areas requiring stormwater permits - construction sites > 1 acre, "urbanized areas" (significant density areas such as large ski areas might be included). Volume 11, Regional Plan, Chapter 4 - Regional WQ Issues (4.1.3), and Chapters 3 (3.2.2) and 5 in Watershed Plans (Land Use regs appl. to WQ protection). O Findings of the Colorado ISDS Task Force and regional recommendations for addressing regional septic system issues. Volume 11, 4.2.1.2.2 [Regional WO issues, septic systems]. • Groundwater assessment for each watershed and the region. New section in Chapters 2 [WQ assessment] of Watershed Plans, and Volume II , Section 4.4. • Innovative and cost effective recommendations for addressing stormwater runoff and urban nonpoint source pollution. Chapters 4 of Watershed Plans; Policy 3 (Land Use and Development, Implementation Recommendations?. • A system for prioritizing projects for reducing or preventing water pollution. Volume ll, Chapter 5 [Management Systems], 5.4 or new section?. (EPA comment). • A list of regional water quality projects based on the above prioritization system. Volume II, Chapter 5, and(?) Chapters 4 of Watershed Plans. (EPA comment). • Agreements to advance Nonpoint Source or stormwater management with various management agencies, watershed groups? (EPA question). • Cooperative agreements with other COGs to provide services based on watershed boundaries? (EPA question). O Identification of additional water quality monitoring needs. Chapter 7 of Watershed Plans. • Source Water Protection Program (currently run by State). Does NWCCOG, or locals have a role? If so, should it be discussed in 208 Plan context? Volume II, and Watershed Plans, Chapter 5?. • Create an index • Other issues as identified through the public outreach process. Will work through watershed groups initially. These groups are: ? Blue River watershed: Summit Water Quality Committee 7 Eagle River watershed: Eagle River Watershed Council ? North Platte watershed: Jackson County Water conservancy District ? Roaring Fork watershed: Ruedi Water and Power Authority ? Upper Colorado River watershed: East Grand Water Quality Committee, Three Lakes Watershed Association These groups will provide input on the watershed water quality plans, and provide input on Policy recommendations. I am hoping that each of these groups will be willing to sponsor a Public Forum on the 208 Plan. A Regional Advisory Group is being established in 2001, including representatives from the above groups. The guidance group will also include a representative from the Colorado River Water Conservation District, transbasin water users, and the Quality/Quantity Committee. The purpose of guidance Group will be to advise NWCCOG staff regarding policy language recommended changes. The watershed plans and recommended changes to policies will also be provided to NWCCOG member's staff (and potentially, elected officials) for their review and comment. NWCCOG staff will meet with elected Boards and Councils for additional comment. The Q/Q Committee will be provided regular updates on the 208 planning process. NWCCOG will request that the Q/Q Committee endorse the draft 208 Plan. Q/Q's endorsement will then be brought to the NWCCOG Board for their endorsement. 2 04/17/01 Northwest Colorado Council of Governments 208 Plan Revision Regional Advisory Group The purpose of the Regional Advisory Group (RAG) will be to assist in revising the Regional Water Quality Management Plan and provide direction on 208 Plan Policy revisions. It is intended that the RAG should include participants from the watershed groups (e.g. East Grand Water Quality Board, Summit Water Quality Committee, etc.) so that the watershed issues and discussions are accurately represented at the regional level. Additionally, local elected officials and/or representatives are encouraged to participate in the watershed group discussions and act as watershed liaisons to the RAG. The third category of RAG participants are representatives of organizations which could potentially be impacted by the policies of the 208 Plan, and include local industry and water providers. Name Representing phone / fax e-mail Dave Merritt - CRWCD - --- - -------- (970) 945-8522 dmerritt@crwcd.gov David Little DWD (303) 628-6000 dl@water.denver.co.gov Don Carlson NCWCD (970) 667-2437 Tom Long Summit Co (970) 453-3412 Bryce Romig Climax Moly. Co. (719) 486-2150 bromig@phelpsdodge.com Zach Margolis SWQC, S/D JSA (970) 468-6152 Joe Macy Vail Assoc. (970) 479-3012 Kirk Klancke EGWQB, Fraser SD (970) 726-5971 Bill Heicher DOW/Town of Eagle (970) 328-6610 bheicher@state.co.us Bill McKee WQCD (303) 692-3583 bmckee@ state co.us Ray Merry Eagle Co Env Health (970) 328-8757 Kent Crowder Jackson CO/WCD (970) 723-4660 Tom Steinberg Citizen/ex WQCC (970) 476-5427/ 476-7999 Potential Regional Advisory Group Participants Individual Representing ? Forest Service ? Watershed group reps ? Roaring Fork Watershed rtr\docs\208\01 _rag_Ist2.doc Standards/ Designated Uses/ etc. Issues in Upper Colorado and North Platte Rivers 03/29/01 DRAFT Recreation Classification Upper Colorado River Seg 6a All tribs to the Colorado River from Lake Granby to the Blue River not on Blue NF Segment 6c Unnamed trib to Willow Cr from Willow Cr Res Rd to Willow Cr Segment 7 All Tribs to the Colorado River from Blue to the Roaring Fork not on NF Seg 7 Peru Cr mainstem Seg 8 Keystone Cr, Chihuahua Cr, N Fork Snake Seg 11 Mainstem French G lincoln to confl. w/ Blue Seg 12 Mainstem Illinois Gulch Seg 13 Mainstem Tenmile from Climax flume to W Tenmile Cr Eagle Seg 11 Mainstem Alkali Cr Roaring Fork Seg 4 Mainstem Brush Cr Seg 10 Mai nstem N Thompson Cr to conf w/ Crystal North Platte Seg 2 Mainstem Encampment R to Wy border Seg 5 Mainstem Michigan R from source to N Platte Seg 6 Maintem Pinkham Cr from source to N Platte Issue: EPA disapproval due to lack of UAA for "swimmable" recreation classification. Can this be resolved with use of 1 a and 1 b Standards? Temporary Standards Blue River Seg 2 Mainstem Blue from French Gulch to Swan R Seg 11 Mainstem French G from Lincoln to conf w/ Blue Issue: Metals exceedances from Wellington-Oro Mine Seg 6 Mainstem Snake R Seg 7 Mainstem Peru Ck Issue: Metals exceedances from historical mining activities and natural sources Eagle River Seg 5 Mainstem Eagle from Belden to Gore Cr Seg 7 Mainstem Cross Cr from source to Eagle R Seg 9 Mainstem Eagle from Gore Cr to Colorado R Issue: Metals exceedances from Eagle Mine. 303(d) List Upper Colorado Blue Eagle Seg 6c Unnamed trib to Willow Cr - Ammonia - TMDL completed. Seg 8 Williams Fork - Mn - should be removed due to standards change. Seg 3 Colorado R State Bridge to Roaring Fk - Sediment - Monitoring List Seg 4 Tribs to Colorado R from L Granby to Roaring Fk - Sediment - Monitoring List Seg 4 Corral Cr - Sediment - Monitoring List Seg 4 Gore Cr, upper Rock Cr watershed - Sediment - Monitoring List Seg 4 Little Rock Cr, Upper Rock Cr watershed - Sediment - Monitoring List Seg 4 Smith Ditch, Red Dirt Cr watershed - Sediment - Moitoring List Seg 7 Muddy Cr, source to Colorado R - Sediment - Monitoring List Seg 5 Wolford Mt Reservoir - Manganese - Should it be added to Monitoring List? Seg 6a Troublesome Cr, Muddy Cr - Mn - Should it be added to Monitoring List? Seg 10 Mainstem Fraser R - Sediment - Should it be on the Monitoring List?? Seg 18 Straight Cr - Sediment - TMDL completed. Seg 2 Mainstem Blue from French Gulch to Swan R - Cd, Zn Seg 11 Mainstem French G from Lincoln to conf w/ Blue - pH, Cd, Pb, Zn Seg 6 Mainstem Snake R - Cd, cu, Pb, Mn, Zn Seg 7 Mainstem Peru Ck - Cd, Cu, Mn, Pb Seg 12 Illinois G - Cd, Mn, Zn - To be added to Monitoring List? -1 sample (of 1) showed TVS exceedance Seg 5 Mainstem Eagle from Belden to Gore Cr - Cd, Zn, Mn - Cd in attainment Seg 7 Mainstem Cross Cr from source to Eagle R - Cd, Zn, Mn - Cd in attainment Seg 9 Mainstem Eagle from Gore Cr to Colorado R - Mn - Seg 3 Black Gore Creek - Sediment - Monitoring List Roaring Fork Seg 9 Coal Cr - Fe - Seg 9 Coal Cr - Sediment- Monitoring List Seg 8 Crystal R blw Coal Cr - Sediment - To be added to Monitoring List? North Platte Seg 4 4 Counties ditch, Grizzly Cr watershed - Sediment - Monitoring List Seg 4 Grassy Run, Buffalo Cr watershed - Sediment - Monitoring List Seg 4 Grizzly Cr and Little Grizzly Cr - compromised fishery - Monitoring List Seg 4 Newcomb Cr - Sediment - Monitoring List Seg 4 Ninegar Cr - Sediment - Monitoring List Seg 4 Republic R - Sediment - Monitoring List Seg 4 Snyder Cr, Parkview Cr watershed - Sediment - Monitoring List Seg 6 Pinkham Cr - Sediment - Monitoring List Seg 3 N Platte, Grizzly Cr - Trec Fe-To be added to Monitoring List? Seg 4 Illinois R, Canadian R - Trec Fe - To be added to Monitoring List? Seg 5 Michigan R abv N Platte - Trec Fe-To be added to Monitoring List? Antidegradation Designation Rtr\docs\208\01 208stds.doc Timeline for 208 Plan Revision 04/17/01 DRAFT Month Group 03-04 WSG meeting 05-06 WSG meeting 07-08 WSG meeting 03-07 SD meetings 05 07 09 05 11 12 Purpose Review of Existing Plan Structure and recommended changes Review existing 208 watershed assessment information - discuss new info and recommended changes. Review existing watershed water quality issues, projects, land use regs. chapters - discuss new info and recommended changes. Review existing wasteload allocations, monitoring, standards, discuss new info and recommended changes. Review Wasteload Allocations, 20 population projects, expansion needs, etc. RAG meeting Review of Existing Plan Structure and recommended changes RAG meeting Review Watershed Groups work and recommended changes RAG meeting Review additional watershed groups work and regional Policy and Regional Plan changes NWCCOG meeting Q/Q Board meeting NWCCOG meeting 0?/02 WQCC Meeting WSG: Watershed Group SD: Sanitation Districts RAG: Regional Advisory Group rtr\docs1208101_208 org.doc 208 Plan Update process and status Q/Q Board Approval NWCCOG Board Approval Water Quality Control Commission Informational hearing 3 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA June 12, 2001 - 5:30 PM J 1. Call to Order / Roll Call K 2. Citizen Input a.) Real Estate Transfer Tax Appeal, Leo Palmos, Chapel Square, Units 229 and 205 (Don I Schaper) 3. Ordinances N -4: .? Resolutions a.) Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado 5. Unfinished Business 6. New Business C 2 7. Town Manager Report 2, 2- 8. Town Attorney Report 9. Mayor Report J 10. Other Business - '? L'j 11. Consent Agenda ?? c? ?U 1?' ??C? a.) Approval of the May 22, 2001 Council Meeting Minutes b.) Agreement with Poor Boy Productions for Avon Summerfest c.) Contract with A Great Time DJ's for Holiday Party 2 d.) Contract with The Robinn Lange Stage Hypnosis Show for Holiday Party e.) Contract with ThyssenKrupp Elevator for Elevator Maintenance 12. Adjournment ?VC. V ' J? May 9, 2001 Kris Nash, Town Clerk Town of Avon P. O. Box 975 Avon, CO 81620 Dear Ms. Nash: L/ T,•^. i e r. r Chapel Square, LLC submitted an Application for Exemption - Real Property Transfer Tax for the exchange of Unit 229 and Unit 205 at Chapel Square Building B dated April 25, 2001, which is attached. The Application for Transfer Tax Exemption was denied on May 7, 2001, by Burt Levin, the Town Attorney. Chapel Square, LLC hereby appeals the decision to the Town of Avon Council. Please inform me the date of the applicable meeting. Thank you very much. Sincerely, Donald G. Schaper CFO avontown.let \ i?E C(--?RII00 'A-I0N 77 i 1"iS \U"L BOC'L, KTL 'recd )k ., D TFi_1:`',j,C.)N1_ . t_i3-4-,y-0951 f fin ?03-449-tiff , Apri125, 2001 Town of Avon Burt Levin, Town Attorney 500 Swift Gulch Road Avon, CO 81620 Re: Application for Exemption - Real Property Transfer Tax Dear Mr. Levin: As we discussed, attached is the Application for Exemption - Real Property Transfer Tax for the exchange of Unit 229 for Unit 205 at Chapel Square Building B as described in the Application. We appreciate the continued professionalism and cooperation demonstrated by the Town of Avon and look forward to your response to the application noted above. Thank you. Sincerely, Donald G. Schaper CFO cc. Bill Efting, Town Manager Chaptoa-lel r N 'T i if ?PORA .i. c TION APPLICATION FOR-MUMPTION REAL P°PMRTY TRANSFER TAX Me ardersign+ed, as Gr(anteee of _ 4 t ed or inztru¢m•,t of conveyance of, Lot 2-?-??• B1ock_?h ,:M1bdi)V3.Z' street Address 240 Chapel Place, Building B Complex Ira= Chapel Square ?ilding/Unit # 229 , Chapel Square, LLC (Raw of Grantee) 2775 Iris Ave., Boulder, CO 80304 (Xa.iling Address) $ 1.00 (Amount of Consideration) dated 03/22/01 hereby applies for exemption from the payment of the Avon Real Property Transfer Taal, impo"d by =apte~ 3.12 of the Municipal Code of the Town of Aeon. The basis for such exemption is : See attached Exhibit B. (state sue'- m-16 for requested exemption, inrludic?q I- le . section =X1 subsection fl the Real Property Transfer '3'syc r?? y??r?o• under wbj=b the exemption is requested, Attach supporting documents it necessary for fall understanding of transaction, preferably aactzcn for watch +iucxe cut additional in be' dstasis CauCerrfr?g emp txW =egttest?ad) - -1 hereby certify under penalty of perjury that the foregoing statement is true and correct. h 04/25/01 Chapel Square, LLC k? c Grante _ c n, n9.. ee ?pata By. Donald G. Schaper CFO X bear eby certify that the above described transfer of real DroP?tY should be exeapted frog the payment of tba Avon Real ProQertp Transfer' Tax under Chapter 3_12, section 3.12.060 of the ?cipal code of the Town Qf Avon. Tova Memagez; rate I hereby c art2fy that the 'above deeded transfer of real ProPertY should be exempted from the payment of the Avon Real Property Transfer Tax tinder Chapter 3.13. 060 of the Municipal Code of the Tom of Avon. Tome A'ttoraey Date Rest 7/93 MC M X NM0.1 Wd60 : ;M 86, 80 Mur Nay-02-01 11:l]air Fran- T-224 P.02106 F-703 y r ' >riOFl m '1= ara?sBigaed, as Rriatse of , a, died 1= UfftnMont o! eamv+sYat>r`s (See Exhibit Aa -pale 22 1[1?c1c Sebdi"?? ,?f 4.,q 240 Chapel Plate, BULU i W B usma 0".1 &[dam -jiidb t rf 205 John J. Toiee ?>Aa16e oftf] {Saii? id?rsss??. 1.00 t C=Xidsc tLoa) daVad 03/22/oi hrmW appiL ,oa me bmds for Ruch 11" See Exhibit B. T sa t and onbiGvtAQee Of tho ; 't f ? t2m ,gwot;oa Is ?tttof wzy sm tau a%- COOP, ttsr 3jaaSah? sts t"x pYt7 of tDZ?13siQ ?ta?t is trer+? `' ? 4/25/01 DIMS t hereby oboad be P'. - V% s+ tiaa?t t3» above dom _?? j? umt? real 3?6ouOL? Ctpiptmw i w ! 3.12. 064 of the .....die ad Umn Ot AMU. - I ?+?!? r?lrY t Ld+e aka d?S?d e? Pi?Y e? l d b.iua,opt?d tram U10 ps it at =0 Ave= i3 %%wasir 3.13. are:; thi >tm i a vs, Cade of at AMMO Yla?t Stew 7,?" z'd - maw _-M ueIIL 6WSWAR $6. HB WC EXHIBIT A BR 229 & CONDOMINIUM UNIT BR-205, CHAPEL SQUARE, BUILDING B, ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 24, 1999, AT RECEPTION NO. 709894 AND AS DEFINE13 AND DESCRIBED IN THE DECLARATION FOR CHAPEL SQUARE, BUILDING B, RECORDED SEPTEMBER 30, 1999, AT RECEPTION NO. 710507, AND CORRECTION THERETO RECORDED NOVEMBER 19, 1999, RECEPTION NO. 715320, COUNTY OF EAGLE, STATE OF COLORADO. y EXHIBIT B APPLICATION FOR EXEMPTION OF REAL PROPERTY TRANSFER TAX April 25, 2001 Chapel Square, LLC is in the process of transferring Unit 229 to John J. McLain (p/k/a McLaine Ventures of Colorado, Inc.) (McLaine) in exchange for Unit 205 for no compensation, but at the request of McLaine, at the Chapel Square development in Avon, Colorado. Chapel Square, LLC and McLaine are seeking an exemption from the Town of Avon Real Property Transfer Tax under exemption: "3.12.060 Exemptions. G. Any transfer evidenced by a deed made and delivered without consideration for the purpose of confirming, correcting, modifying or supplementing a transfer previously recorded; making minor boundary adjustments; removing clouds of title; granting easements, rights-of- .way or licenses; BACKGROUND McLaine purchased Chapel Square Units 205, 224 and 226 on December 13, 1999. At the time of purchase, the 2.0% Town of Avon Transfer Tax was paid on all three units. All three units were second floor, two bedroom, two bath units and approximately 960 SF. However, Unit 205 was at the far west end of the south wing of the second floor and Units 224 and 226 were side by side in the north wing (see Floor Plan). Note that Jack McLaine purchased these Units for his family. Since all three units were used by the McLaine family, Unit 229 remained unsold and was across the hall from Units 224 and 226, Unit 205 had rarely been occupied and was in "like new condition", McLaine requested that Unit 205 be traded at no compensation for Unit 229, thus "modifying" its Purchase and Sale Agreement of Unit 205. As Unit 205 was in "like new condition", was exactly the same unit except for location and had a better view up to Beaver Creek, Chapel Square, LLC agreed to accommodate the request. On March 22, 2001, a Letter Agreement was signed exchanging Unit 205 for Unit 229 (see Letter Agreement attached), thus "modifying" the Purchase and Sale Agreement of Unit 205, at no consideration. Subsequently, Unit 205 was contracted for and is scheduled to close on April 30, 2001, with the purchaser paying the Town of Avon Transfer Tax. Unit 205 basically sold as a new unit. PERTINENT TAX EXEMPTION REVIEW Chapel Square, LLC and McLaine believe that the Transfer/exchange of Unit 205 for Unit 229 falls within the Town of Avon Exemption 3.12.060 G: "Any transfer evidenced by a deed made and delivered without consideration for the purpose of confirming, correcting, modifying or supplementing a transfer previously recorded;..." CONCLUSION The transfer/exchange from Unit 205 to Unit 229 was with no consideration and was a modification of the Purchase and Sale Agreement executed on December 13, 1999, for Unit 205 and was transferred without a profit motive but as an accommodation. The Avon Transfer Tax was paid on Unit 205 on December 13, 1999, and will be paid again on April 30, 2001, so the Town of Avon has received two Transfer Taxes and two units have been sold and are occupied (i.e. Units 205 and 229). McLaine and Chapel Square, LLC are requesting the exemption for the Town of Avon Transfer Tax of for the transfer of Unit 205 from McLaine to Chapel Square, LLC and the transfer of Unit 229 from Chapel Square, LLC to McLaine. If the sales price of Unit 205 closing on April 30, 2001, is used as the fair market value, the Town of Avon Transfer Tax would be $8,480.00 for this transfer modification. In addition, it appears unreasonable to tax transfers strictly made as an accommodation for the benefit of a resident of the Town of Avon. Chapavon-taxex V N ul U) t-h (Fi (D ?WF C V ff' :S (D F'- U) rE O N F•h N lD (? • O N O ?i O H n N- C'r U) N O ul N N N N d> i? #4 N V ca N l o' - - CHAPEL SQUARE •8 PROPOSED MIXED USE DEVELOPMENT €Q s 7 Pahnos Corp Avon, ora o 6 f LETTER AGREEMENT Between CHAPEL SQUARE, LLC AND MCLAINE VENTURES OF COLORADO, INC. Whereas, McLaine Ventures of Colorado, Inc. (McLaine), a Colorado corporation, purchased Chapel Square Condominium Unit #205 (Unit #205) from Chapel Square, LLC (Chapel), a Colorado limited liability corporation, on November 23, 1999, for $244,000.00; Whereas, McLaine Ventures of Colorado, Inc. would like to exchange Unit #205 for Chapel Square Condominium Unit #229 (Unit #229); Whereas, McLaine has requested that a Quit Claim Deed be prepared to transfer the purchase from Unit #205 to Unit #229; Now therefore, in consideration of $1.00, the parties agree that Chapel will Quit Claim Deed Unit 229 to McLaine and simultaneously McLaine will Quit Claim Deed Unit #205 to Chapel. Chapel will prepare a "punchlist" for Unit #205 and McLaine will prepare a "punchlist" for Unit #229. Any costs to complete "punchlist" items are the responsibility of the current owner (ie. McLaine is responsible for Unit #205 and Chapel is responsible for Unit #229). Any transfer costs such as costs of title will be paid by Chapel. to t1 s+22" a day of March, 2001. LLC MCLAINE VENTURES OF COLORADO, INC. By: Jack McLaine, President Chapmcla-let -03/22/2001 17:11 970-045-3997 CHAPEL SQUARE PAGE 01/02 I-z2-2001 THU 09164 ID: TE1..:30a4490899 P:02 .LETTER. AGREEMENT Between CHAPEL SWARE, LLC AND MCLAIN.12 VENTURES Of COLORADO, INQ, Whereas, McLaine Ventures of Colorado, Ina. (McLain), a Colorado colimrataon, purchased Chapel Square Condominium Unit #205 (Unit #205) from Cho-pot Square, LLC (Chapel), a Coloradq Jimited liability 4orporation, on November 23, 1999, for $244,000.010; Wherons, McLainc Ventures of Colorado, Inc. would like to exchange ZJnit #205 for Chapel Square Condominium Unit #229 (Unit Y229); Whereas, McLaine has requestod that a Quit Claim Deed be pTepared to transfer the purchase from Unit #205 to Unit #229, Now therefore, in consideration of $1.00, the parties tree that Chapel will (,quit Claim Dccd Unit 229 to McLain and simultanew4uly McLain will Qvdt Claim Deed Unit #205 to Chapel. Chapel will prepare a "punuhlist'` for Unit #205 and McLaine will prepare a "punch li$t" for Unit #229. Any costs to complete "punchlist" items are the responsibility of the uurrent owner (io, McLain is responsible for U1it 0205 and Chapel is responsiWo for Unit t=91. Any transfer costs such as costs of title will bo paid by Chapel. to his V2"tl day of March, 2001. LLC ...13y: Chapmcla-let COLORADO, 04-24-2001 02:10am Frem-Town Of Avon 9709499139 T-427 P-002/006 F-444 3 .12 , 450'3.1.2.060 3.12.050 Computation of t Lc. The amou=nt of tax pay- able shall be determined and couguted as set out below-. A. Where the amount of consideration is five hundred dollars or less, no real property transfer tax shall be inposed, and all such transactic= shah. be exe pt. 8. On and after November 1, 1987, where five hundred dollars or more, the real Property transfer tax shall be two percent of the consideration. (Dr$_ 81-17 81; Ord. 80- 6 56). 3.12-060 8xe?tbans . Unless the method of transfer is contrived for the purpose of evading the real property transfer tax i nposed by this chapter, the real propert transfer tax shall not apply to the situations described below A. Any transfer wherein the United States or arW agency or instrumentality ttereol, the state, any county, city and county, municipality, district or other political subdivision of the state is either the grantee or grantor; S. Any transfer granting or conveying title to real property in consequence of a gift of such property, where no consideration other than love and affection, charity or other such motive is, in fact, present; C. Any decree or agreement partitioning, terminating or evidencing termination of a joint tena=y in real prop- erty, except where additional consideration is paid in connection with such partition or termination; D. The transfer of title or interest in real property by reason of death, will or decree of distribution; E. Transfers made pursuant to reorganization, merger or consolidation of corporations, or by a subsidiary to a parent corporation for no consideration other thaw cancel- lation or surrender of the subsidiary's stock, or bransfars made to a Corporation, partnership, 12'Zited partnership, joizt venture, b a:iness trust or other association or orga- nization, if that association or organization is owned by the persons by whom such traxsfer was made, if such owners have the save relative interests in such association or organization as tbey had in. the real property inmerda.ately prior to such transfer and there is no consideration other than their respective interests in the now association; P. Transfers made to effectuate any plan confizmed or ordered by any court of cagpetent jurisdiction =der the Eax?kruptcy Act or in any equity receivership proceeding; G_ Any tra>:xsfer evidenced by a deed =ode and deliv- ered without consideration for the purpose of confirming, corrcotirL , mvdifyi.ng or supplementing a transfer previous- ly recorded; making minor boundary a43u::its; removing clouds of title; granting ease ts, rights-of-way or li.- oenXes ; H. Any transfer granting title to ccmatery lots; 24--1 (Avon 10/00) Apr-24-01 05:21pn Fron- T-091 P.04/05 F-389 3.12.060 period exceeding testy-five ?rsars, or for periods which in the term of the i va years, the aggregate exceed. twenty-f possessory right shall be calculated as including the ini- tial term and all extensions thereof.); Any transfer of a mineral dx royalty interest by X . deed or otherwise; obligation, Transfers to secure a debt or other L . security transfers of releases of property which is debt or other obligation; Any transfer by deed or conveyance under execution M . sale cr loreclosure sale under a power sale or court decree public tru'steeIa deed her'iff's deed , or lien foreclosure. s or' treasurer's deed, or any transfer by deed in lieu of hi s foreclosure, provided that transfers encompassed by t section: shall be exempt only if the grantee is the 3 . person, firm or entity holding the obligation or instrument roceeding is based or which, in the case of h th _ e p upon whic a deed in lieu of foreclosure, is being cancelled in ex- cha=ge for the transfer, easd shall be exempt only to the extent of the obli- 2 . gation to be satisfied at the execution or foreclosure sale and any obligations to prior lienholders paid from the of a deed in lief. Of proceeds of the sale or in the case foreclosure, to the extent of the ixnstrunwnt cancelled by the transfer: of real property or im- Any sale or eolzveyanca roviding low r i p ng o for the purpose of construct provements or moderately priced housing units for sale or leave to low ' to or moderate income persons; provided, that the parties for the the transaction shall apply to the town manager of the transactian from exemption prior to the occurrence which exemption is sought, and the parties shall agree to appropriately restrict the future use of the property to loan and moderately priced housing units by recorded agree- i il m ar ment, deed restriction, covenants, declarations ox s i.nstru=ents as may be required by the town manager; . consider- first eighty thousand dollars of the Th e 0. ation for any sale or conveyance of real property nd m- . pleted improvements for occupancy as a primary residence provided the following conditions are met: The same applicant bas not previously received 1. an exRmption pursuant to this subeecti= O. plication for exemption is filed with the 2 An a , p ?.,..,., ,. m"maer prior to payment of the tax, which application 05-08-2001 07:59am Fran-Town Of Avon 9709499139 T-525 P-002/003 F-610 ON 0 L 6 R T D o May 7, 2001 VIA FACSIMILE 303-449-8839 Donald G. Schaper, CFO Palmas Development 2775 Iris Ave- Boulder, CO 80304 Re. Application fol- transfer tax exemption for units 205 and 229, Chapel Square Deai Don- I received your application for exemption from transfer tax for the above properties on May 4, 2001. The application must be denied. When persons swap properties with value in excess of $500 there are two taxable transfers- In your case, units 205 and 729 are bosh valued in excess of $200,000- Mcl-AiTte Ventures of Colorado, Inc. is obtaining title (in effect purchasing) unit 229 from Chapel Square, LLC in consideration of deeding unit 203 to Chapel Square, LLC' although McLaine is not paying cash for the purchase, it is parting with property warKh over $200,000- When a transfer is made in exchange for property other than cash, The tran3fer Tax liability is calculated based on the value of the property exchanged- (Sec § 3.12.020 Of the Transfer Tax Code, which provides that .,Consideration' means and includes the actual cash paid and/or value of the property delivered ...in retpro for the transfer of ownership or title to ... real property._") In this case, McLaine's transfer tax liability for its purchase of wait 229 must be calculated based on the value of unit 205• Conversely, Chapel Square, LLC's transfer tax liability for it purchase of unit 205 must be calculated based on The value of unit 229. Although you characterize the transaction between McLaiae and Chapel Square as an "accommodation," it actually involves two separate taxable tran sfers of properly, both supported by deeds. The transfers you reference are aot "without consideration far the purpose of confirming, correcting, modifying or sapplcmcnting a transfer previously recorded , -," and thus do riot qualify far the exemption at § 3.12.0500. posr Dec, Box 975 400 Ben,'hmark RD-1 Awnn, Colvradu 816-10 970-748-4000 970-949-9139 F- 970-845-7708 TTY 05-06-2001 07: 592C Fran-Town Of Avon 9709499139 T-525 P.003/003 F-610 Pursuant to § 3.12.070 of the Avon Code, my decision may be appealed to the Town Council within 30 days after receipt of this notice. Sincerely ybars, f??- Burt Levin Town Attorney cc: 13ill F-fting, Town Manager Julie Kessenich, Accounting Assistant -.. V 0 N. '..- C O L O R A D O May 16, 2001 Mr. Donald G. Schaper Palmos Development Corporation 2775 Iris Avenue Boulder, CO 80304 Dear Mr. Schaper, I am in receipt of your request to appeal the denial of the Real Property Transfer Tax for Units 229 and 205, Chapel Square. Your hearing is scheduled for the June 12, 2001 Avon Town Council meeting. The meeting will take place in the Avon Municipal Building, 400 Benchmark Road at 5:30 PM. If you have any questions, please contact me at 970-748-4035. Post Office Box 975 400 Benchmark Road 'von, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY Town Clerk Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager Norm Wood, Acting Director of Community Development From: Ruth Borne, Asst. Director Community Development Date June 7, 2001 Re: Resolution No. 01-09, Series 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Summary: Traer Creek LLC has submitted a subdivision application for Preliminary Plan approval for "The Village (at Avon) Filing 1 ". The submittal includes a request for a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval of a Final Subdivision Plat. On May 1, 2001, the Planning and Zoning Commission reviewed the Preliminary Subdivision Plan and variances and recommended approval of The Village (at Avon) Filing 1 subdivision by adoption of Planning & Zoning Commission Resolution 01-03. The PUD Development/Sketch Plan was revised to evidence the changes to the road alignments and planning areas. The amendment is referred to as PUD Development Plan Administrative Amendment No. 1. Copies of the Preliminary Plan were transmitted to the Colorado Department of Transportation, Eagle County Engineer's Office, Eagle River Fire Protection District and Eagle River Water and Sanitation District for review and comment. This Resolution includes conditions of approval to address the comments and recommendations received in response to their review. Staff has incorporated changes in response to the comments received at the public hearing held on May 8, 2001, public comments made at the Council meeting held on May 22 and neighborhood meetings held on May 30 and June 5. These changes are indicated in the attached black lined version of the Resolution. The changes proposed to address the public comments can be summarized as follows: Temporary Construction Access: The Stonebridge Drive Construction Access may only be used as an alternative for construction access in the event that both the 1-70 ramps and the Nottingham Ranch Road bridge are not available. The road may only be used for construction access for six (6) consecutive months and must be restored to its previous condition or better. A traffic control and safety measure plan will be required prior to issuance of the right of way permit. Dust control: An Air Quality Monitoring and Control Plan as approved by the Town will be required over the course of the project. A grading permit and security deposit will be required prior to commencement of overlot grading to assure satisfactory completion and revegetation. In addition, the proposed rock crusher will be located at least 800 feet from the southernmost property line and will be screened by a berm a minimum of 20 feet in height to diminish the impact of noise on the Eaglebend residents. Other conditions of approval included in the Resolution are: Subdivision Improvements Agreement ("SIA"): A SIA must be approved by the Town along with corresponding security to ensure compliance with construction of roads and infrastructure improvements. Dedication of Lot 5, Public Works Site: The Village (at Avon) will be required to dedicate and transfer title to Filing 1, Lot 5 for use as a public works site. It should be noted that in the event In the event, Council does not act on the Preliminary Plan at this meeting, then the Preliminary Plan is conditionally approved. Section 16.20.090 of the Avon Municipal Code states that when Council fails to act on a preliminary plan application within 35 days of the date of the last hearing, then it is considered a conditional approval in compliance with all applicable regulations. Recommendation: Staff recommends approval of Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Proposed Motion: I make a motion to approve Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado. Town Manager Comments: Attachment: Blacklined version of Resolution 01-09 Resolution 01-09 Planning and Zoning Resolution 01-03 U Page 2 TOWN OF AVON RESOLUTION NO. 01-09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. Development/Sketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of "June, 2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: 1. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the Annexation and Development Agreement must be approved prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation ("CDOT"). C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. 2 g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. ishall he Stnnebr IR RA ird e Temnnrnr GGe ss be us;e •1 fnr - g y - 87. Drainage: a. Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 98.. Utilities a.Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be provided by the appropriate entities to the Town of Avon. maintained to a level nnnsistent with Tnuin of Aven street 40.9. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 410. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 4-11. Approval and Recording of the Final Subdivision Plat shall include provisions acceptable to the Town for the timing of the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a Public Works site. 3 II. Variance - Permit for Overlot Grading Prior to Final Plat Approval A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality (Fugitive Dust) Monitoring and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. 4. Rock crusher and related operations shall be located at least 800 feet from the southerly property line known as the railroad right of way. The rock crusher shall be screened on the southerly side by a berm at least 20 feet high. The berm shall be constructed prior to commencement of crusher operations and remain in place throughout the crusher operation. III Permit for Work Within Public Right of Way - Stonebridge Temporary Construction Access: 1. The followinq conditions must be met prior to issuance of a permit for work within the Public Right of Way for the installation of a temporary construction access from Stonebridge Drive: a The 1-70 Interchange ramps must not be available for construction traffic; and b The Nottingham Ranch Road bridge must not be available for construction traffic. 2. The Stonebridge Temporary Access permit will be issued in accordance with Section 10.24.040 of the Avon Municipal Code and shall include the following requirements: a In no event shall the Stonebridge Temporary Access be used for construction access longer than six (6) consecutive months. b Stonebridg_ e Drive must be restored at a minimum, to its previous condition including asphalt removal, grading, revegation, and replacement of damaged pavement as determined by the Town within thirty (30) days following completion of its use as a temporary construction access. C. Traffic control and safety measures as approved by the Town, shall be implemented and maintained for the temporary construction access. ILIV. Filing 1, Lot 1 -Must be Complied with Prior to any Development on Lot 1 Temporary/Permanent Roads a East Beaver Creek Boulevard and Chapel Place may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. 4 a-. b. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF JUNE, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk 5 TOWN OF AVON RESOLUTION 01- 09 SERIES OF 2001 A RESOLUTION APPROVING PRELIMINARY SUBDIVISION PLAN FOR THE VILLAGE (at Avon) FILING 1, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek LLC, the owner of the applicable portion of The Village (at Avon) has filed a subdivision application for The Village (at Avon) Filing 1, Preliminary Plan approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length greater than 1,000 feet; and WHEREAS, Traer Creek LLC has filed an application for variance from the Subdivision Regulation of the Town to allow the issuance of a permit for overlot grading prior to final plat approval; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, Traer Creek LLC and EMD Limited Liability Company have submitted an amendment to the P.U.D. Development/Sketch Plan for administrative approval; and WHEREAS, the Designated Representative of the Director of Community Development has reviewed the PUD Development Plan Administrative Amendment No. 1 and has determined that it qualifies for administrative approval; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 1 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000 feet and a variance to allow a permit for overlot grading to be issued prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1 is in the best interest of the public health, safety and welfare and conforms to the terms of the PUD Development Plan Administrative Amendment No. 1 executed the day of June, 2001 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: 1. General Requirements - Must be Completed Prior to Final Plat Approval: An amendment to the Annexation and Development Agreement must be approved prior to approval and recording of the Final Subdivision Plat for The Village (at Avon) Filing 1. 2. Emergency access and fire hydrant spacing must be approved by the Eagle River Fire Protection District. 3. Plans for all water and sewer facilities must be approved by Eagle River Water and Sanitation District. 4. Complete geologic hazard reports including mitigation measures must be submitted to and approved by the Town. 5. All roundabouts and street intersections shall be designed to accommodate complete turning movements for the largest anticipated delivery truck (WB- 67) without encroaching onto center island or exterior radii curb and gutter. Documentation evidencing turning movements must be approved by the Town of Avon Engineering Department. 6. Other Jurisdictional Approvals Required: a. Eagle County approval is required for the road improvements for the Highway 6 Connector Road, Nottingham Ranch Road and Eaglebend Drive, including but not limited to a Construction Improvements Agreement (C.I.A.) for all road improvements within unincorporated Eagle County. These road improvements must also be acceptable to, and approved by the Town of Avon. b. Highway 6 Access Permit must be obtained from Eagle County and Colorado Department of Transportation ("CDOT"). C. Eagle River Bridge: All necessary approval and permits must be obtained from Eagle County and other applicable permitting jurisdictions. d. Separated railroad grade crossing: All necessary licenses and approvals must be obtained from the railroad and P.U. C. and other relevant permitting authorities. 2 e. Nottingham Gulch Drainage: Discharge to Eagle River must be approved by Eagle County. f. A Floodplain Development Permit must be obtained from Eagle County for activity within the unincorporated Eagle County floodplain. g. Storm Water Management plans for storm water discharged into Eagle River in unincorporated areas must be approved by Eagle County. h. A grading permit is required by Eagle County for any grading activities over fifty (50) cubic yards within unincorporated areas of the County. i. Storm Water Management plans, including compliance with water quality standards must be approved by Eagle County for unincorporated areas within the County. 7. Drainage: Plans for Storm Water Management and Pollution Control Facilities within the Town must be approved by the Town of Avon. 8. Utilities: Approval of construction plans for all utility services including but not limited to water, sewer, electric, natural gas, phone and cable must be provided by the appropriate entities to the Town of Avon. 9. Traer Creek LLC must provide FIR approval by CDOT and/or FHWA for the 1-70 interchange improvements. 10. A Subdivision Improvements Agreement must be approved by the Town and the corresponding security must be provided to assure compliance with the Subdivision Improvements Agreement. 11. Approval and Recording of the Final Subdivision Plat shall include provisions acceptable to the Town for the timing of the dedication and transfer of The Village (at Avon) Filing 1, Lot 5 to the Town for use as a Public Works site. II. Variance - Permit for Overlot Grading Prior to Final Plat Approval A satisfactory Erosion Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 2. An Air Quality (Fugitive Dust) Monitoring and Control Plan must be approved by the Town and implemented prior to issuance of a grading permit. 3. A security deposit sufficient as determined by the Town, to assure satisfactory completion of grading and revegetation operations will be required prior to issuance of a permit for overlot grading. 3 4. Rock crusher and related operations shall be located at least 800 feet from the southerly property line, known as the railroad right of way. The rock crusher shall be screened on the southerly side by a berm at least 20 feet high. The berm shall be constructed prior to commencement of crusher operations and remain in place throughout the crusher operation. Ill. Permit for Work Within Public Right of Way - Stonebridge Temporary Construction Access: The following conditions must be met prior to issuance of a permit for work within the Public Right of Way for the installation of a temporary construction access from Stonebridge Drive: a. The 1-70 Interchange ramps must not be available for construction traffic; and b. The Nottingham Ranch Road bridge must not be available for construction traffic. 2. The Stonebridge Temporary Access permit will be issued in accordance with Section 10.24.040 of the Avon Municipal Code and shall include the following requirements: a. In no event shall the Stonebridge Temporary Access be used for construction access longer than six (6) consecutive months. b. Stonebridge Drive must be restored, at a minimum, to its previous condition, including asphalt removal, grading, revegation, and replacement of damaged pavement as determined by the Town within thirty (30) days following completion of its use as a temporary construction access. C. Traffic control and safety measures as approved by the Town, shall be implemented and maintained for the temporary construction access. IV. Filing 1, Lot 1 - Must be Complied with Prior to any Development on Lot 1 Temporary/Permanent Roads a. East Beaver Creek Boulevard and Chapel Place may be located in temporary access easements but must be maintained to a level consistent with Town of Avon street maintenance parameters. b. No building permit will be issued or development authorized on Lot 1, Filing 1 until permanent rights-of-way are established and appropriate development and subdivision improvement agreements guaranteeing construction of the permanent road improvements for East Beaver Creek Boulevard and Chapel Place are approved by the Town of Avon. 2. Utilities and Stormwater Facilities a. Service for all utilities must be provided to all parcels created in conjunction with any re-subdivision of Lot 1. 4 b. Adequate on-site and off-site storm water facilities must be provided as determined to be necessary through the Lot 1 re- subdivision process, prior to the issuance of any building permit on Lot 1. ADOPTED THIS DAY OF JUNE, 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk C 5 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 22, 2001 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken with Councilors Mike Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt and Mayor Protein Buz Reynolds present. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resources Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Asst. Director of Community Development Ruth Borne as well as members of the public. Citizen Input: Ms. Amy Phillips, resident of Eaglebend Drive, expressed her concern for the placement of the rock crusher on the Village at Avon site during construction. It will be located directly behind their home. She is also concerned about all the construction traffic that will be a result of the closure of the Nottingham Ranch Road bridge. She also stated that there is a new church that is scheduled for construction that will require use of that bridge, and if the bridge is closed, that will cause the construction traffic to travel down Eaglebend Drive. Mr. Buddy Shipley, property owner adjacent to Stonebridge Drive, stated he is concerned about the construction traffic that will cross over Stonebridge Drive. He was also concerned about the 8-month temporary crossing and questioned if that would be consecutive months. Assistant Town Manager Brooks stated that it is. Mr. Rick Pylman, representing Traer Creek LLC, stated that he is not sure if the developer is aware of the construction of the new church. He also stated that they could probably add 8 "consecutive" months to the resolution regarding the temporary road crossing. Mr. Pylman stated that a traffic control program is being worked on for the Stonebridge Drive temporary crossing. Ms. Kathleen Walsh, resident of Eaglebend Drive, did not understand why the resolution is coming through to use the bridge when the plan at the beginning was to use the road behind City Market. While she did understand that there is a weight limit on that road, she questioned why they are not getting a variance to use that road instead of getting a variance use Eaglebend Drive. Secondly, she is concerned about the placement of the stone crusher. Mr. Buz Didier, resident of Eaglebend Drive, recommended that the Council not approve this resolution until they have a chance to discuss the issues more. He stated that it does not make sense to put the rock crusher right behind the homes. He is also concerned about the temporary crossing. Town Manager Efting suggested weekly neighborhood meetings. Mayor Yoder asked Mr. Pylman if he would make himself available to the residents to answer their questions. Councilor Debbie Buckley asked Mr. Pylman if it is inevitable to use Stonebridge Drive, they could look at certain times of the day. Mr. Bob Taylor, resident of Eaglebend Drive, stated the people of Avon are looking to the Council for leadership and guidance. Ms. Chris Ekrem, resident of 4130 Eaglebend Drive, questioned why the Swift Gulch road couldn't be extended and run under the interstate where the old Bill Nottingham home is. Ordinances: First Reading of Ordinance No. 01-04, Series of 2001, An Ordinance Concerning Wildlife Protection Mayor Yoder stated that this ordinance has been withdrawn. Resolutions: Resolution No. 01-09, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for the Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado Councilor Debbie Buckley motioned to table Resolution No. 01-09, Series of 2001, to the next meeting. Councilor Brown seconded the motion. The motion carried unanimously. Resolutions: Resolution No. 01-11, Series of 2001, A Resolution Approving a Reduced and Modified Security Deposit for Public Improvements to be Installed and Constructed in Accordance with Subdivision Improvements Agreement for Amended Plat of Chapel Square Subdivision, Town of Avon, Eagle County, Colorado Mayor Protem Reynolds stepped down from the bench for this resolution. Regular Council Meeting May 22, 2001 Town Engineer Norm Wood stated that the Town has been holding a security deposit for completion of improvements in the form of a letter of credit for $215,000, which consist of removing and reconstructing a portion of Chapel Place and underground parking to the entrance of Building C to conform to approved plans, provide a $50,000 security deposit to the Town to guarantee their obligation toward the East.Benchmark Road improvements and a security deposit to assure successful completion of the one year warranty period following final completion and acceptance of all improvements identified in the Subdivision Improvements Agreement. Staff recommends approval. Councilor Debbie Buckley motioned approval of Resolution No. 01-11, Series of 2001. Councilor Cuny seconded the motion. The motion carried unanimously. Consent Agenda: a.) Approval of the May 8, 2001 Council Meeting Minutes b.) Financial Matters c.) Resolution No. 01-10, Series of 2001, A Resolution to Express Purpose and Intent of the Town of Avon to Extend to Its Employees the Opportunity to Participate in the Medicare Program d.) Nottingham Road Bike Path - Change Order #1 e.) Nottingham Road Bike Path - Proposal/Inter-Mountain Engineering, Ltd. Construction Contract Administration Services f.) Street Improvements Contract Award Mayor Protein Reynolds motioned approval of the Consent Agenda. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Debbie Buckley motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion carried unanimously and the meeting adjourned at 6:33 PM. f SPECTFULLY SUBMITTED: Kristen Nash, Town Clerk Regular Council Meeting May 22, 2001 APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting May 22, 2001 Avon Recreation Department Memo c May 24,200 1 `` V To: Meryl From: Sarah' Q V_ RE: Avon Summerfest Entertainment Contract Summary Attached please find the agreement between Poor Boy Productions - Creedence Clearwater Revisited and th e Town of Avon for entertainment services at Avon Summerfest on August I I, 200 Recommendation I recommend that Council approve and sign the attached agreement for entertainment services in the amount of $32,500.00 Town of Avon • P.O. Box 975 • Avon, CO 81620 9 970-748-4032 AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA (HEREIN CALLED "FEDERATION") T-2 FOR TRAVELING ENGAGEMENTS ONLY MONTEREY PENINSULA ARTISTS 509 Hartnell St. TALENT AGENCY ANY AND ALL RIDERS Monterey, California 93940 AGREEMENT NO. 008129 ATTACHED HERETO ARE Phone(831)375-4889 MADE A PART HEREOF Facsimile (831) 375-2623 CONTRACT NO. 51524 Agent: Fred Bohlander Whenever The Term "The Local Union" Is Used In This Contract, It Shall Mean The Local Union Of The Federation With Jurisdiction Over The Territory In Which The Engagement Covered By This Contract Is To Be performed. Monterey Peninsula Artists, Inc. acts only as agent for artist and assumes no liability hereunder. THIS CONTRACT for the personal services of musicians on the engagement described below is made between the undersigned purchaser of music (herein called "Purchaser") and the undersigned musician or musicians made this date: ARTIST: POOR BOY PROD. fso CREEDENCE VENUE : Town of Avon Presents Nottingham Park Avon, Colorado DATES: Sat. 0811112001 #SHOWS: 1 (90 minute set) TIMES: 8:00 p.m. LOCAL #: 20-623 04/10/2001 CLEARWATER REVISITED #SEATS @ 5,000 @ @ @ MERCHANDISING DEAL: 100.01 Building sells/ PRICE $.00 = $.00 = $.00 = $.00 = 5,000 POTENTIAL: TAXI: 0.0000 (/) TAX AMT : NET : PRICING NOTES: FREE/G.A./ COMPENSATION: $32,500.00 Flat guarantee plus $1500 for backline buyout plus three (3) suites and eight (8) single hotel accommodations for two (2) $.00 $.00 $.00 $.00 $.00 $.00 $.00 nights/Rain or shine/ 44u6,k57' to "o 11, Zoo DEPOSIT: $16,250.00 due by 07/11/2001 by wire transfer to M.P.A. escrow acct.#0412-023574 at Wells Fargo Bank, Carmel, CA. ABA#1210002481BALANCE to artist, prior to performance, on evening of show in cash, money order, or cashier's check, made payable to: Poor Boy Productions, Inc./ PRODUCTION: Purchaser to provide and pay for ground transportation, sound and lights, to Artist's specifications/ ARTIST TO RECEIVE IN ALL MEDIA AND MARQUEES BILLING OF: 1001 Headline/ CREEDENCE CLEARWATER REVISITED closes (8pm)10pening act TBA (6pm)/ I.DDITIONAL PROVISIONS: Any & all ad mattes, TV and/or radio advertising must be supplied by Tour Design@317.579.78441Any other promotion or advertising must be preapproved in writing by Artist's management/The term "CREEDENCE CLEARWATER REVIVAL" and/ or "CREEDENCE CLEARWATER" shall not be used in connection w/this performance 1. No performance on the engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. This prohibition shall not be subject to any procedure of arbitration and the American Federation Of Musicians ("Federation") may enforce this prohibition in any court of competent jurisdiction. 2. It is expressly understood by the Purchaser and the musician(s) who are parties to this contract that neither the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in 1 above and, therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof. 3. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by this contract for purposes of communicating with the musician(s) performing the engagement and the purchaser. 4. The agreement of the musicians to perform is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. 5. Provided Artists is ready, willing and able to perform, Purchaser agrees to compensate Artist in accordance with the terms hereof, in full, regardless of acts of God, fire, accident, riot, strike or any event(s) of any kind of character whatsoever. 6. In the event of cancellation by Purchaser, Artist shall be discharged from any further liability hereunder and the Artist shall be entitled to retain any deposit(s), whether received or due, thereto paid Artist by Purchaser in addition to Artists other legal and equitable remedies. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. P. 0. Box 44? Z5* owh o4 li bl. Ticd`1 l?od?r Mort vai , cO ems a- 1916 00 Contact: Dana DelBosco 970-926-7770 Poor Boy Productions, Inc. f/s/o Creedence Clearwater Revisited c/o 509 Hartnell St. Monterey, CA 93940 X X Signature of Purchaser (or Agent thereof) Signature of Signatory Musician BAND AND CORPORATION INFO. ARTIST: CREEDENCE CLEARWATER REVISITED Poor Boy Productions, Inc. c/o 509 Hartnell St. Monterey CA 93940 Names of all musicians Doug Clifford Elliot Easton John Tristao Steve Gunner Stu Cook Federal ID. no.: 88-0333951 Local union no. SS# or SIN # --------------- - 368 ---------------------- 562-62-1593 47 113-46-2665 368 555-82-9212 47 569-86-7146 368 562-62-0265 'a AMERIAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA _. (HEREIN CALLED "FEDERATION") T-2 FOR TRAVELING ENGAGEMENTS ONLY MONTEREY PENINSULA ARTISTS 509 Hartnell St. TALENT AGENCY ANY AND ALL RIDERS Monterey, California 93940 AGREEMENT NO. 008129 ATTACHED HERETO ARE Phone (831) 375-4889 MADE A PART HEREOF Facsimile (831) 375-2623 CONTRACT NO. 51524 Agent: Fred Bohlander Whenever The Term "The Local Union" Is Used In This Contract, It Shall Mean The Local Union Of The Federation With Jurisdiction Over The Territory In Which The Engagement Covered By This Contract Is To Be performed. Monterey Peninsula Artists, Inc. acts only as agent for artist and assumes no liability hereunder. THIS CONTRACT for the personal services of musicians on the engagement described below is made between the undersigned purchaser of music (herein called "Purchaser") and the undersigned musician or musicians made this date: ARTIST: POOR BOY PROD. fso CREEDENCE CLEARWATER VENUE : Town of Avon Presents Nottingham Park Avon, Colorado DATES: Sat. 0811112001 #SHOWS: 1 (90 minute set) TIMES: 8:00 p.m. LOCAL #: 20-623 MERCHANDISING DEAL: 100.0' Building sells/ 04/10/2001 REVISITED #SEATS_._@. PRICE 5,000 @ $.00 = @ $.00 = @ $.00 = @ $.00 = 5,000 POTENTIAL: TAX': 0.0000 (/) TAX AMT: NET : PRICING NOTES: FREE/G.A./ COMPENSATION: $32,500.00 Flat guarantee plus $1500 for backline buyout plus three (3) suites and eight (8) single hotel accommodations for two (2) $.00 $.00 $.00 $.00 ------------ $.00 $.00 $.00 nights/Rain or shine/ Ailt&"r to fit , 2..-1 DEPOSIT: $16,250.00 due by 07/11/2001 by wire transfer to M.P.A. escrow acct.#0412-023574 at Wells Fargo Bank, Carmel, CA. ABA#1210002481BALANCE to artist, prior to performance, on evening of show in cash, money order, or cashier's check, made payable to: Poor Boy Productions, Inc./ PRODUCTION: Purchaser to provide and pay for ground transportation, sound and lights, to Artist's specifications/ ARTIST TO RECEIVE IN ALL MEDIA AND MARQUEES BILLING OF: 100' Headline/ CREEDENCE CLEARWATER REVISITED closes (8pm)/Opening act TBA (6pm)/ ADDITIONAL PROVISIONS: Any & all ad mattes, TV and/or radio advertising must be supplied by Tour Design@317.579.7844/Any other promotion or advertising must be preapproved in writing by Artist's management/The term "CREEDENCE CLEARWATER REVIVAL" and/ or "CREEDENCE CLEARWATER" shall not be used in connection w/this performance 1. No performance on the engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission, This prohibition shall not be subject to any procedure of arbitration and the American Federation Of Musicians ("Federation") may enforce this prohibition in any court of competent jurisdiction. 2. It is expressly understood by the Purchaser and the musician(s) who are parties to this contract that neither the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in 1 above and, therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof. 3. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by this contract for purposes of communicating with the musician(s) performing the engagement and the purchaser. 4. The agreement of the musicians to perform is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. 5. Provided Artists is ready, willing and able to perform, Purchaser agrees to compensate Artist in accordance with the terms hereof, in full, regardless of acts of God, fire, accident, riot, strike or any event(s) of any kind of character whatsoever. 6. In the event of cancellation by Purchaser, Artist shall be discharged from any further liability hereunder and the Artist shall be entitled to retain any deposit(s), whether received or due, thereto paid Artist by Purchaser in addition to Artists other legal and equitable remedies. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. Re" * n e ors a ?j' vz'cale?i?-'crDV$ v (w,J 4vzm hi Poor Boy Productions, Inc. f/s/o p, &k yd? Creedence Clearwater Revisited 4-nn 7" c/o 509 Hartnell St. Contact: Dana DelBosco 970-926-7770 Monterey, CA 93940 X X Signature of Purchaser (or Agent thereof) Signature of Signatory Musician BAND AND CORPORATION INFO. ************************** ARTIST: CREEDENCE CLEARWATER REVISITED Poor Boy Productions, Inc. Federal ID. no.: 88-0333951 c/o 509 Hartnell St. Monterey CA 93940 Names of all musicians Local union no. Doug Clifford 368 Elliot Easton 47 John Tristao 368 Steve Gunner 47 Stu Cook 368 SS# or SIN # ----------------------- 562-62-1593 113-46-2665 555-82-9212 569-86-7146 562-62-0265 CREEDENCE CLEARWATER REVISITED PERSONAL APPEARANCE CONTRACT RIDER Attached please find the Personal Appearance Contract Rider (the "Rider") covering the necessary provisions for the "Creedence Clearwater Revisited" engagement. The PURCHASER (defined on page 1 of the Rider) must study the Rider and make the necessary arrangements for the provisions hereunder. The purpose of the Rider is to assure the PURCHASER, the ARTIST (defined on page 1 of the Rider), and most importantly, the audience the best possible performance. No deviations or eliminations from this Rider shall be made without prior written approval of the ARTIST.* All inquiries concerning this Rider should be directed to the appropriate party or parties listed below. ARTIST MANAGEMENT PRODUCTION MANAGER/ ADVERTISING Steven T. Polikalas SOUND ENGINEER PRODUCTION East Shore Communications, Inc. Tim Lawrence Debbie Fergeson c/o 9200 Sunset Boulevard 106 Hunters Lane Tour Design Penthouse 25 Hendersonville, Tennessee 37075 10089 Allisonville Road Los Angeles, California 90069 (615) 824-1344 Fischer, Indiana 46038 (310) 276-6963 (615) 824-1344/FAX (317) 579-7844 (310) 276-6973/FAX (615) 594-1345/Cell (317) 579-7847/FAX 7?,5 • q4& - 7"2,11 E-mail: TimLwr@aol.com TOUR MANAGER SST TAP C ; up" "" t; "'' RECORD COMPANY Scott Harder !=ate; Ib?S??l?Z,(jLIGHTING DIRECTOR Len Fico 1731 Nauna Ikena Road Kevin Cross Fuel Records Kapaa, Hawaii 96746 2587 Fiesta Avenue 8033 Sunset Boulevard (808) 823-8239 Las Vegas, Nevada 89121 Suite 12 (808) 823-8239/FAX (702) 731-5329 Los Angeles, California 90046 (808) 651-5120/Cell (702) 731-3972 FAX (323) 464-7984 E-mail: MTJ01@aol.com E-mail: ROCKLD@aol.com (323) 465-8926/FAX U.S. BOOKING AGENT Dan Weiner/Fred Bohlander Monterey Peninsula Artists 509 Hartnell St. Monterey, California 93940 (831) 375-4889 * Any proposed changes must be (831) 375-2623/FAX approved by Artist's Management in writing in advance and will only delay the successful execution of the appearance contract for this engagement. Thank you, and best wishes for a successful engagement. PWRIDER.18 (sh: 3/2/01) 1 Purchaser initial here: CREEDENCE CLEARWATER REVISITED PERSONAL APPEARANCE CONTRACT RIDER Z, / In regard to the performance f Creedence Clearwater Revisited, this Rider sets forth additional terms and conditions regarding, and is hereby mad art of, the A.F. of M. or othe applicable appearance contra t (hereinafter referred to as the "Contract") dated , 200 between POOR BOY PRO CTIONS, IC. f/s/o CREEDENCE CLEARWA VISITED (hereinafter referred to as "ARTIST") and (hereinafter referred to as "PURCHASER"). The provisions of this Rider shall control and supersede any provisions, terms or conditions contained in the Contract that conflict with this Rider. References to "hereunder" or "herein" shall constitute references to the Contract, the Rider, either or both as may be appropriate given their use and context. If the Contract provides for more than one (1) engagement, then the term "engagement" as used in this Rider shall refer to each such additional or successive engagement. If an engagement includes additional or successive performances, then the term "concert" or "performance" shall refer to each such additional or successive concert or performance. 1. BILLING / ADVERTISING (a) Exclusive Headline Billing. ARTIST shall receive one hundred percent (100%) sole exclusive headline billing in any and all advertising and publicity, including marquees of venue, and shall close the show at each performance during the engagement hereunder. All billing must indicate "Creedence Clearwater Revisited" at one hundred percent (100%) typeset. The terms "CCR' and/or "Creedence Clearwater Revival" shall not be used under any circumstances. (b) Promotional Materials, Bios, Graphics. PURCHASER shall use only the materials (for example, photos, ad materials, bios, graphics, radio and television spots) supplied by ARTIST or the advertising agent listed on page 1 hereof for publicity, advertising and promotion of the engagement. No other materials are acceptable without ARTIST's prior written approval. Publicity photographs and bios shall be obtained from the ARTIST, or, with prior written approval from ARTIST's Management. (c) PUBLICITY/ADVERTISING/PROMOTION. ALL ADVERTISING, PROMOTIONAL PROOFS AND REQUEST FOR INTERVIEWS, SPECIAL PROMOTIONS, PRESS CONFERENCES, OR ANY OTHER PUBLICITY ACTIVITY, MUST BE SUBMITTED FOR PREAPPROVAL TO ARTIST'S MANAGEMENT PRIOR TO PUBLIC ANNOUNCEMENT OF THE ENGAGEMENT. ALL RADIO AND/OR TELEVISION COMMERCIALS AND/OR PRINT ADS AND/OR AD MATTES MUST BE CREATED BY ARTIST'S ADVERTISING AGENT (TOUR DESIGN, DEBBIE FERGESON (317) 579-7844) OR PREAPPROVED IN WRITING BY ARTIST'S MANAGEMENT. UNDER NO CIRCUMSTANCES MAY CREEDENCE CLEARWATER REVIVAL RECORDINGS BE USED IN ADVERTISEMENTS FOR THE ENGAGEMENT. PURCHASER MAY NOT ADVERTISE OR PROMOTE ARTIST'S PERFORMANCE AS A PERFORMANCE OF "CREEDENCE CLEARWATER REVIVAL" OR IMPLY THAT JOHN FOGERTY PARTICIPATES IN OR ENDORSES THE PERFORMANCE. THE USE OF JOHN FOGERTY'S LIKENESS AND/OR PERFORMANCES AND THE USE OF "CREEDENCE CLEARWATER REVIVAL" IN PAID ADVERTISEMENTS IN ANY MEDIUM IS EXPRESSLY FORBIDDEN. PBP/RIDER.18 (sh: 3/2/01) 2 Purchaser initial here: PURCHASER AGREES TO PAY ARTIST IMMEDIATELY UPON ARTIST'S DEMAND TWENTY-FIVE THOUSAND DOLLARS ($25,000) IN LIQUIDATED DAMAGES FOR ANY DEVIATION FROM THIS PARAGRAPH L(a) - (c). (d) Signs, Banners, Messages on Venue Marquee and Video Screen(s). Except as provided herein, there shall be no signs, placards, banners or other advertisement material regarding any producer, person or company other than ARTIST and PURCHASER on any advertisement of the performance, including but not limited to tickets, within 150 (one hundred fifty) feet of the stage. 2. CANCELLATION ARTIST may cancel and terminate the Contract, this Rider and services to be rendered hereunder, without any liability, on sixty (60) days prior written notice to PURCHASER. 3. PAYMENT BY PURCHASER (a) Amount Due Upon Execution of Contract. Fifty percent (50%), unless otherwise specified on the face of the Contract, of the total guaranteed sums agreed upon as shown on the face of the Contract, shall be due simultaneously with the execution of the Contract as a deposit. The deposit check is to insure the performance by PURCHASER and shall be in the form of a certified or cashier's check made payable to: Poor Boy Productions, Inc., c/o Steven T. Polikalas, East Shore Communications, Inc., c/o 9200 Sunset Boulevard, Penthouse 25, Los Angeles, California 90069. The deposit shall be paid upon execution of the Contract; if not, the engagement may be canceled at ARTIST's election. The balance of payment of the total sums agreed upon shall be paid in the form of certified check or cashier's check only to ARTIST's representative immediately before ARTIST takes the stage. ARTIST will not perform until after the balance has been received. Percentage payments must be calculated thirty (30) minutes after the ARTIST has taken the stage. (b) Admission Tax. No admission tax shall be deducted from the gross box office receipts before computing percentages due unless the amount of tax is stated on the face of the Contract and initialed by ARTIST's representative. (c) Gross Potential. The gross potential stated on the face of the Contract shall be binding on PURCHASER, and, if over estimated, PURCHASER agrees that ARTIST shall be paid the total difference between such over estimated gross potential and actual gross no later than thirty (30) minutes after ARTIST has taken the stage. If the gross potential stated on the face of the Contract is under estimated, PURCHASER agrees that ARTIST shall be paid the actual gross no later than thirty (30) minutes after ARTIST has taken the stage. (d) Estimated Expenses. Immediately upon contracting, PURCHASER shall provide to ARTIST's representative a breakdown of the nature and amount of estimated expenses related to the cost of presenting ARTIST in concert and said list shall be attached to this Rider as Schedule 1. PURCHASER understands that ARTIST has relied on the expenses listed in Schedule 1 to ensure that adequate funds are budgeted to fulfill Artist's production requirements as set forth herein and to establish a "Break Figure" and also to determine PURCHASER's total expenses when the "Percentage of Net" Method is used. PURCHASER agrees to furnish ARTIST with a final statement of PURCHASER's actual expenses, including certified, bona fide paid invoices for such expenses, on the performance date no later than at the time of settlement. If the final expenses and/or aforesaid bills total less than the amount of the estimated expenses given to ARTIST and set forth on Schedule 1, then the "Break Figure" or total expenses used to determine the "Percentage of Net" will be reduced by the difference between the total estimated expenses and the total actual expenses. However, expenses in excess of said estimate shall not increase the "Break Figure" or expenses allowed for the "Percentage of Net" Method. (e) Signed Statement and Invoice with Percentage Payment. Percentage payments, if any, provided for hereunder shall be accompanied by a WRITTEN SIGNED STATEMENT from PURCHASER PBP/RIDER.18 (sh: 3/2/01) 3 Purchaser initial here: together with a CERTIFIED INVOICE WHICH SATISFIES THE CONDITIONS SET FORTH BELOW FOR EACH EXPENSE INCURRED during the production or the concert. The invoices presented at settlement for payment must satisfy the following conditions: (i) each invoice must be original, (ii) each invoice must contain gross, net and commissionable or discountable amounts, (iii) invoices must contain a notarized affidavit of performance (through two days prior to performance) stating: dates run, times run, and contract rates, where applicable, (iv) co-presents or station promotion packages must be detailed in letter form by a station official and notarized, (v) each invoice must contain an invoice number, date and ARTIST listed as client and (vi) original tear sheet (not copies), indicating dimensions of ads and rate per square inch, must accompany all invoices for print advertising. (f) Verification of Estimated Expenses. All expenses will be compared with the expense breakdown previously furnished by PURCHASER (and attached hereto as Schedule 1) and ALL EXPENSES THAT ARE NOT VERIFIED AND/OR NOT APPROVED IN WRITING PRIOR TO DATE OF EXPENSE BY ARTIST WILL NOT BE INCLUDED IN THE EXPENSES ATTRIBUTABLE TO THIS ENGAGEMENT AND WILL THEREFORE BE PURCHASER'S RESPONSIBILITY. If the bona fide aggregate paid bills relating to any of the costs contained in the estimated expenses list attached hereto as Schedule 1, shall total less than estimated, then the expenses will be reduced by the difference between the total estimated costs and the actual costs as established to the reasonable approval of ARTIST's auditor based on the books, records, and paid bills maintained in connection with the event. Under no circumstances will the expense be increased without prior written approval from ARTIST. (g) Settlement Meeting, Information Regarding Union Employees. ARTIST shall have the right to be present during any settlement meeting or negotiation which takes place between PURCHASER and representatives of the building or hall in which the performance is booked. PURCHASER agrees to furnish an itemization of all union employees, their job functions, wage rates and hours worked on the day of the performance, one (1) hour prior to scheduled showtime. A valid and current copy of the local union contract in effect at that time shall also be provided at the time of the settlement meeting between PURCHASER and ARTIST. Any union bill must be signed and approved by ARTIST before being submitted to the settlement meeting for inclusion as an expense of the engagement. The original signed ticketing agreement between PURCHASER and the ticketing agency must be submitted at settlement, as well as any cut-off or flat rate agreement with said agency. (h) Non-Percentage Performance. If the Contract does not provide for percentage participation by ARTIST, it is understood and agreed that said non-participation is in reliance on the fact that admission to the concert (or potential gross as stated on the face of the Contract) has been truly and correctly represented to ARTIST. If at any time the actual gross exceeds the amount stated on the Contract for this engagement, ARTIST shall be compensated for the excess in full. (i) No Deductions. It is fully understood and agreed that no deductions whatsoever are to be taken from the Contract price contained herein or from any percentages earned by ARTIST hereunder. 0) Turnstiles at Public Entrances. PURCHASER shall supply working turnstiles at every public entrance. There shall be no re-admissions through turnstiles. No one will be granted entrance or access to the event with anything other than a ticket specifically printed for the concert covered by this Rider. All tickets will be torn as customers enter the venue. ARTIST may place a representative at points of entry for inspection purposes. 4. CONTROL OF PRODUCTION AND PERFORMANCE (a) Sole and Exclusive Artistic Control to ARTIST. ARTIST has one hundred percent (100%) sole and exclusive artistic control of the performance with regard to sound, lighting, material, wardrobe, staging and all other aspects of the performance but will, of course, take into consideration local curfew and sound laws. ARTIST shall have priority in setup, rehearsal, and position of equipment. Equipment and accessories shall not be moved, disconnected or used without express consent of ARTIST's technical staff or Production Manager. ARTIST must be guaranteed one-and-a-half (1'/2) hours sound check and shall have the right to hold the doors fifteen (15) PBP/RIDER.18 (sh: 3/2/01) 4 Purchaser initial here: minutes past scheduled opening time. ARTIST shall have the sole right, as ARTIST may see fit, to designate and change the performing personnel. It is specifically understood and agreed that a representative of the ARTIST shall have sole and absolute authority in directing personnel operating all lighting and sound equipment during rehearsal and each performance scheduled herein. All decisions regarding production and performance, including but not limited to decisions relating to box office, ticket procedures, promotion, performance requirements, security, technical requirements and any other areas not specifically referred to herein shall be subject to ARTIST's prior approval. (b) Encores. PURCHASER agrees that if ARTIST at ARTIST's sole discretion, decides an encore is warranted and desirable, PURCHASER, including PURCHASER's security personnel, shall in no way interfere with the performance of said encore and shall in no way allow the audience to be given the impression that an encore is not forthcoming (even if such encore extends the length of the performance set forth in Paragraph 4(d) below). Further, PURCHASER shall specifically instruct the facility manager to keep the facility house lights off until it has been positively determined and communicated by ARTIST whether or not ARTIST will perform an encore number. (c) ARTIST's Approval of Other Person(s) Appearing in Performance. ARTIST reserves the right to preapprove in writing any other persons appearing in conjunction with this performance and the right to determine the length and nature of their performance(s). A violation of this clause shall entitle ARTIST to refuse to erp form hereunder but PURCHASER shall remain obligated to make all payments herein set forth. PURCHASER agrees that there will be no Master of Ceremonies, no welcoming speeches, no introduction and no ceremonies at intermission except as ARTIST may direct. ARTIST shall have the absolute right of approval of any and all acts on the show including but not limited to length of set by any such act. ARTIST will not perform at theater-in-the-round venues unless so specified on the face of the Contract. No music recorded by any other attraction or artist shall be used at the venue during the engagement without prior written consent of the ARTIST. (d) Length of Performance, Delays of the Performance. Unless otherwise agreed or for good cause ARTIST s performance shall be not less than seventy-five (75) minutes in length, not including encores. PURCHASER shall assure that the scheduled performance will not be interrupted by local curfew, building regulations or policies or any similar cause (unless PURCHASER informs ARTIST, pursuant to Paragraph 5(b), that the scheduled performance may be affected by such regulations, policies or similar causes). Any delays of the performance (whether caused by supporting act's length of performance, late performance or for any other reason) shall be remedied in the first portion of the program so as not to affect ARTIST's full performance time. ARTIST may require PURCHASER to alter the set length of any other act on the program to accommodate ARTIST's full performance time. PURCHASER shall inform all other acts on the program that this is a condition of their performance. Under no circumstances shall ARTIST be required to take the stage if the time remaining until applicable curfew, if any, is less than three (3) hours, but if ARTIST is not required to perform as aforesaid, full payment of the amounts set forth herein will be due to ARTIST. PURCHASER warrants and represents that all authorities, including but not limited to the hall manager, police chief, fire chief and union representatives are aware of the scheduling completion time of the performance and that any negotiations with regard to overtime to be paid as a result of the actual completion time have been complete prior to commencement of the performance. Any and all liability arising out of or in connection with the failure of PURCHASER to perform its obligations hereunder shall be solely the responsibility of PURCHASER and PURCHASER shall hold ARTIST, and any party claiming an interest through ARTIST, wholly harmless therefrom. LICENSES AND PERMITS, COMPLIANCE WITH LAWS (a) Licenses and Permits from Unions, Public Authorities, Societies. PURCHASER, at PURCHASER's cost, shall obtain all licenses, permits, certificates, authorizations or other approvals required to be obtained from any union, guild, public authority, performing rights society or other entity properly having jurisdiction over or with respect to the engagement including but in no way limited to international work permits and shall comply with and completely and satisfactorily fulfill all terms, conditions and covenants set forth herein. If PURCHASER shall, for any reason, fail to obtain the same not later than thirty (30) days prior to the engagement or PBP/RIDER.18 (sh: 3/2/01) 5 Purchaser initial here: shall default with respect to any such term, condition or covenant, ARTIST may terminate this Agreement and all of PURCHASER's rights hereunder without liability of any kind to ARTIST. Any and all liability arising out of or in connection with the failure of PURCHASER to perform its obligations hereunder shall be solely the responsibility of PURCHASER and PURCHASER shall hold ARTIST, and any party claiming an interest through ARTIST, wholly harmless therefrom. (b) Compliance with Laws. PURCHASER agrees to comply with all applicable local, state, federal and international laws, regulations, codes and treaties. PURCHASER shall inform ARTIST of any local building restrictions, ordinances or codes or other local, state or other laws which could affect the scheduled performance and/or the proper execution of this Rider. _ 6. NO REPRODUCTION OF PERFORMANCE (a) Photographing, Audio and Video Taping and Broadcast of Performance Prohibited. No portion of the performance rendered hereunder may be broadcast, photographed, recorded, filmed, taped or embodied in any form for any purpose of reproducing such performance without ARTIST's prior written consent. PURCHASER will deny entrance to any persons carrying audio or video recording devices. Without limiting in any way the generality of the foregoing prohibition, it is understood to include members of the audience, press and PURCHASER's staff. No photographers shall be allowed in the hall or on the stage without prior written consent of the ARTIST or ARTIST's representative. All entrances to the hall shall contain signs advising "NO PHOTOGRAPHS, AUDIO OR VIDEO TAPING MAY OCCUR DURING PERFORMANCE." (b) ARTIST's Approval of Interviews and Autograph Sessions. ARTIST reserves the right of approval of all radio, television, newspaper or magazine interviews and autograph sessions made in conjunction with ARTIST's performance. (c) ARTIST's Right to Photograph or Film Performance. At no additional cost to ARTIST, ARTIST shall be entitled to photograph and/or film, regardless of embodiment or photography or film device or reproduction, the performance, load-in, load-out, and any other activity of or related to ARTIST, its licensees, agents and affiliates, within or outside of PURCHASER's venue, that may be contemplated by the Contract or this Rider and PURCHASER releases ARTIST or any entity under common ownership or control as ARTIST from any claim for future proceeds and other compensation received by ARTIST for the commercial use of any such photograph or film. (d) Consequences of Reproduction of Performance by PURCHASER. In the event that PURCHASER, its agents, servants, employees, contractors, etc. reproduce, cause to be reproduced, authorize or allow the reproduction of the ARTIST's performance in the form of films, tapes and/or any other means of audio or video reproduction, upon demand by ARTIST, PURCHASER shall deliver all of the same (together with any and all masters, negatives and other means of reproduction thereof) to ARTIST at PURCHASER's sole cost and expense, in addition to all other legal or equitable remedies which ARTIST may have and PURCHASER shall be liable for any and all costs expended by ARTIST or others on behalf of ARTIST to pursue such remedies, including, but not limited to attorneys' fees and costs. 7. PURCHASER ASSUMES LIABILITY Except as otherwise herein specifically provided, PURCHASER hereby assumes full liability and responsibility for the payment of any and all costs, expenses, charges, claims, losses, liabilities and damages related to or based upon the presentation or production of the performance(s) in which ARTIST is to appear hereunder. 8. [INTENTIONALLY OMITTED] 9. BOX OFFICE AND TICKET PROVISIONS PBP/RIDER.18 (sh: 3/2/01) 6 Purchaser initial here: (a) Delivery of Plot Plan and Printer's Manifest; Ticket Price Breakdown. In cases where ARTIST is being paid on a percentage basis, PURCHASER agrees to deliver to ARTIST's management at least two (2) weeks prior to the date of performance(s), a plot plan and notarized and signed printer's manifest of the house (listing amount of tickets printed for a performance at each price). The specific capacity, gross potential and ticket price breakdown of the facility where ARTIST is to perform under this Rider must be clearly printed on the face of the Contract to which this Rider is attached. (b) Counting and Verification of Unsold Tickets. PURCHASER further agrees to have on hand at the place of performance on the night of the show, for counting and verification by representative of ARTIST, all unsold tickets. ARTIST shall be compensated for the difference between the number of unsold tickets on hand and shown to its representative and the number of tickets printed as shown by the printer's manifest. If PURCHASER shall violate any of the preceding provisions of the paragraph, it shall be deemed that PURCHASER has sold a ticket for each seat in the house (and any permitted standing room) at the highest ticket price for which the house is scaled. PURCHASER further agrees to give said representative the right to enter the box office at any time (during and after the performance) and to examine and make extracts from the box office records of PURCHASER relating to the gross receipts of this engagement. A written box office statement certified and signed by PURCHASER will be furnished to ARTIST within two (2) hours following each performance. (c) Specific Ticket Conditions. PURCHASER may not sell tickets to ARTIST's performance herein as part of a subscription or other type of series of other concerts, without the prior written consent of ARTIST. All tickets printed under the manifest shall be of one stub, one price variety. There shall be no multiple price tickets printed. Examples of prohibited tickets are: (i) One price for students and a different price for general admissions on the same ticket. (ii) One price for tickets bought in advance and a different price for tickets bought at the gate for the same event on the same ticket. (iii) There shall be no roll tickets of any kind and no "standing room" tickets without ARTIST's prior written consent. No tickets may be sold for seats located to the rear of the stage or for seats where equipment on stage obstructs normal eye-level viewing of ARTIST's performance, unless the location of the seat is clearly indicated on the ticket. Tickets sold behind bandstand must be marked "impaired vision," obstructed view" or "behind bandstand." Seats blocked by sound and light mixing consoles shall not be charged to ARTIST and shall in no way affect ARTIST's guaranteed compensation or receipts in a percentage situation. Tickets shall be numbered from one through the highest number of tickets allowed to be sold for the performance, as stated in the Contract. All tickets shall be printed by a bonded ticket house (e.g., Globe Tickets, Arcus-Simplex or Ticketron), or if the performance is at a college or university, the official printing department of the university or college. (d) Consequences of Violating Ticket Conditions. If PURCHASER violates the above conditions PURCHASER shall be liable for the total amount of tickets sold at the highest price printed on the ticket. (e) Premium or Discounted Tickets. PURCHASER agrees not to discount tickets or to offer tickets as a premium without first obtaining permission in writing from ARTIST. If PURCHASER does sell or distribute discount or complimentary tickets without prior approval, or sells or distributes in excess of the number of tickets printed, PURCHASER shall be liable for and pay ARTIST on demand the full ticket price of each such ticket sold or distributed. (f) (INTENTIONALLY OMITTED] PBP/RIDER.18 (sh: 3/2/01) 7 Purchaser initial here: (g) Box Office Reports. No report of the box office to any industry related newspaper or magazine will be released by PURCHASER or the venue without the prior written consent of ARTIST unless the concert is sold out. (h) No Discrimination in Connection With Ticket Sales, Admission or Seating. No discrimination by reason of race, religion, age, sex, country of natural origin or physical ability shall be permitted or authorized by PURCHASER in connection with sales of tickets, admission or seating for the engagement. (i) Radio or Television Station Ticket Giveaways. Radio or television station ticket giveaways shall be done only with ARTIST's prior written approval for each specific giveaway. (j) Handicapped Seating. An area where individuals in wheelchairs who are physically handicapped may view the performance without obstruction shall be provided for those in wheelchairs and a reasonable number of their companions. 10. COMPLIMENTARY TICKETS (a) No Complimentary Tickets Unless Otherwise Specified. Except as agreed to by the parties or as otherwise set forth herein, PURCHASER agrees that NO complimentary tickets shall be offered or distributed for ARTIST's performance. Notwithstanding the foregoing, PURCHASER agrees to supply proper radio, record company, television and newspaper personnel and their families with no more than L_-) complimentary tickets and the supply of tickets to these parties shall in no way affect ARTIST's guaranteed receipts in a percentage situation. Each complimentary ticket will be issued only as a fully punched ticket. One (1) hour prior to the performance PURCHASER shall supply the ARTIST a written statement detailing to whom each such complimentary ticket was distributed. (b) [INTENTIONALLY OMITTED] (c) ARTIST's Right to Complimentary Tickets. ARTIST shall be allocated no less than fifty (50) complimentary tickets for each concert, which tickets shall be in the front twenty-five percent (25%) of the venue. ARTIST's tickets are not to be in the first five (5) rows of the venue. 11. FAILURE TO FULFILL OBLIGATIONS (DEFAULT) BY PURCHASER; TERMINATION (a) Default by PURCHASER. Compliance with each one of the terms and conditions of this Rider is of the essence of this Rider and necessary for ARTIST's full performance hereunder. In the event PURCHASER refuses or neglects to provide an of the items herein stated, and/or fails to make any of the payments provided herein, ARTIST shall have the right to refuse to perform under the Contract and this Rider, shall retain any amounts theretofore paid to ARTIST by PURCHASER, and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth. In addition, if on or before the date of any scheduled concert, PURCHASER has failed, neglected, or refused to perform any contract with any other performer for any earlier engagement, or if financial standing or credit of PURCHASER has been impaired or is in ARTIST's opinion unsatisfactory, ARTIST shall have the right to demand the payment of the guaranteed compensation forthwith, ARTIST shall have the right to cancel this engagement by notice to PURCHASER to that effect, and in such event ARTIST shall retain any amount theretofore paid to ARTIST by PURCHASER. The PURCHASER is apprised and fully understands that ALL provisions of this Rider and compliance with all requirements set forth herein are essential to the proper performance of ARTIST, and that ARTIST shall have no obligations to perform and will not perform in the event ALL terms and conditions of this Rider are not adhered to. It is further understood that if ARTIST is ready to perform and does not do so because of PURCHASER's breach, ARTIST shall be entitled to the full amount which would have been payable in the event of performance. PBP/RIDER.18 (sh: 3/2/01) 9 Purchaser initial here: (b) Termination. ARTIST may terminate this Rider and the Contract in the event of PURCHASER's failure to perform an obligation set forth in this Rider or the Contract. Any such failure to perform or violation shall constitute a material breach by PURCHASER entitling ARTIST not to appear or perform, and ARTIST shall still retain the full amount of compensation guaranteed to ARTIST in addition to any other remedy provided by law. All conditions and requirements set forth in this Rider are the essence of the parties' agreement. In addition to ARTIST's right to terminate this Rider and the Contract for the above-listed reasons, ARTIST may terminate this Rider and the Contract pursuant to the terms and conditions of certain paragraphs in this Rider and the Contract which provide for such right to terminate. (c) Expenses Incurred by ARTIST as a Result of PURCHASER's failure to comply. Any expenses, including attorneys' fees and costs, incurred by ARTIST as a result of PURCHASER's failure to comply with the provisions of this Rider are the responsibility of PURCHASER and shall not be figured as joint expense but solely as an expense of the PURCHASER. 12. INDEMNIFICATION PURCHASER agrees to indemnify and hold harmless ARTIST and its employees, contractors, representatives, managers, attorneys and/or agents from and against any claims, costs (including attorney's fees and court costs), expenses, damages, liabilities, losses or judgements arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained or incurred as a direct or indirect consequence of the engagement. PURCHASER shall also indemnify and hold harmless ARTIST and its employees, contractors, representatives, managers, attorneys and/or agents from and against any and all loss, damage and/or destruction occurring to its and/or its employees', contractors', representatives', managers', attorneys' or agents' instruments and equipment at the place of the engagement, including but not limited to, damage, loss or destruction caused by Act of God. 13. TAXES PURCHASER shall pay and hold ARTIST harmless of any and all taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to ARTIST shall be free of such taxes, fees, dues and the like. Tax amounts shall not be deducted from gross box office receipts before computing any percentages due to ARTIST unless otherwise stated in Contract and initialed by ARTIST therein. 14. INSURANCE AND APPLICABLE LAWS (a) Insurance Policies to be Owned and Maintained by PURCHASER. PURCHASER hereby warrants and represents that it is has and will maintain in full force (I) a commercial liability insurance policy which provides coverage of at least One Million Dollars ($1,000,000) per occurrence and at least Five Million Dollars ($5,000,000) aggregate, for bodily injury and property damage combined, (ii) an automobile liability insurance policy for owned, non-owned and hired vehicles in an amount of at least One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage combined, (iii) a workers' compensation insurance policy covering all of PURCHASER's employees who render services in connection with the engagement hereunder, including without limitation, employees who install, operate or maintain equipment provided by ARTIST, in an amount of at least Five Hundred Thousand Dollars ($500,000) per accident or disease and (iv) a special event liability insurance policy, including each performance and venue, in an amount of at least Ten Million Dollars ($10,000,000) per occurrence and aggregate, for bodily injury and property damage combined. This limit may be satisfied by a combination of special events liability and umbrella excess liability coverage. Each of such insurance policies shall be placed with established and reputable carriers having an A.M. Best Company rating of at least A. VII or (B) Lloyd's of London. PURCHASER further warrants and represents that said policies shall name the following as additional insureds: Poor Boy Productions, Inc., Stu Cook, Doug Clifford, their heirs, successors, assigns, attorneys, managers, agents, servants and employees and shall cover said persons from the time when the first person enters PBP/RIDER.18 (sh: 3/2/01) 9 Purchaser initial here: PURCHASER's venue, until the time when the last of the party leaves said venue, and including any rehearsal periods and post production periods. Proof of insurance coverage shall be provided to ARTIST's Tour Manager no less than two (2) weeks in advance of the engagement which is the subject of the Rider. Insurance is cancelable only if agreed to in writing by ARTIST. In the event of any cancellation or lapse of insurance ARTIST must be notified in writing immediately. All premiums for such insurance shall be timely paid by PURCHASER and PURCHASER hereby agrees to indemnify, defend and hold harmless ARTIST, their agents, servants and all employees, of and from liability claims, demands, actions, damages, costs (including attorneys' fees and costs) that may at any time hereafter arise from damage to or loss of property or death or injury to persons received or suffered by reason of any act or omission of PURCHASER, its officers, directors, agents, servants, employees, patrons or guests. _ (b) Indemnification of Additional Insureds. PURCHASER hereby agrees to indemnify and hold harmless the aforesaid additional insureds together with their licensees, agents and affiliates from and against any and all costs, damages, losses, claims, fines, penalties and other expenses, including attorneys' fees incurred whether or not suit is brought, occurring by reason of (I) PURCHASER's breach of Paragraph 14(A) or (ii) any injury to any person or property occasioned by any act or omission of PURCHASER or any of its agents, guests, employees, or persons, firms, or companies contracting with PURCHASER. 15. MERCHANDISING AND CONCESSIONS (a) Merchandising. In the event that non-food and non-beverage items of merchandise are offered for sale before, during or after the engagement by ARTIST or ARTIST's designated merchandiser, PURCHASER will provide at no cost to ARTIST a well lit secure place and erect there a merchandise booth or booths and two (2) experienced personnel to sell said merchandise. The booth(s) shall be in such a position as to be easily visible to the public using the main entrance. The booth(s) shall be provided and maintained at no cost to the ARTIST or the ARTIST's designated merchandiser, if any. PURCHASER agrees that its arrangement for presenting the engagement(s) provided for herein shall effectively prohibit sale of souvenirs, books, apparel, posters, stickers, programs and other non-food and non-beverage items of merchandise on or around the premises in connection with this engagement other than ARTIST's official merchandise furnished by ARTIST or ARTIST's designated merchandiser. PURCHASER agrees that ARTIST or ARTIST"s designated merchandiser shall have the sole and exclusive right to sell all such non-food and non-beverage items at or about the venue on the day of ARTIST's performance and before, during and after the performance, whether or not such items bear ARTIST's name and likeness. PURCHASER shall provide a secure locked area in which ARTIST or its designated merchandiser may store merchandise from the date of the contract until seventy-two (72) hours after the performance. (b) Concessions. All concessions stands in view of the audience which require lighting must be closed during ARTIST's performance and there may be no sales of food, drink or any other items in the performance room during ARTIST's performance. PURCHASER expressly agrees that venue management and the concession's manager are aware of and will comply with this requirement. 16. RIGHTS TO ARTIST'S NAME AND LIKENESS Except for the non-exclusive right and obligation to use the name Creedence Clearwater Revisited as set forth above and the artwork supplied by ARTIST hereunder in advertising in connection with this engagement, it is understood that no rights of any kind are hereby granted to PURCHASER with respect to the name, likeness or biographical material of ARTIST or any performer therein and the sale or dissemination of any products or materials relating in any way thereto by PURCHASER is expressly prohibited, unless otherwise arranged or agreed to in writing by ARTIST. ARTIST's name and likeness shall not be used or associated, directly or indirectly, with any company, person, product or service without ARTIST's prior written consent. PBP/RIDER.18 (sh: 3/2/01) 10 Purchaser initial here: 17. LOCAL TRANSPORTATION PURCHASER shall provide and pay for all local transportation for ARTIST to consist of a minimum of two (2) fifteen (15) passenger vans with the rear seat removed and professional drivers and one (1) luggage/equipment van with driver to meet ARTIST and its personnel at the airport, or other place of arrival and drive ARTIST and its personnel to the hotel, the venue for rehearsal and engagement, to the hotel following rehearsal and performance, and to the airport or other place of departure. 18. SECURITY (a) PURCHASER's Responsibility for Safety of ARTIST's Person and Property. PURCHASER shall guarantee proper security at all times to ensure the safety of ARTIST and its entourage, ARTIST's instruments and personal property before, during and after each rehearsal and performance, as well as, securing the areas of the dressing room, stage areas and all exits and entrances to the facility. Security protection shall commence upon arrival of ARTIST's equipment at the venue or as directed by ARTIST's Tour Manager. Based upon a large body of case law and legislative law, PURCHASER acknowledges that PURCHASER shall be responsible for ARTIST's safety and PURCHASER is hereby advised that ARTIST will be relying upon the prompt delivery of all messages, letters, gifts, etc. addressed to ARTIST. PURCHASER shall provide these to ARTIST in a timely fashion. (b) Danger to Performers or Property as Justification for Refusal to Perform. If missiles, such as bottles, explosive fireworks or other objects should hit the stage before or during the performance, and in ARTIST's opinion such missiles endanger the persons or property performing thereon, or others, ARTIST may refuse to perform, or leave the stage, and PURCHASER will not be relieved of its obligations hereunder. (c) Access to On-Stage and Backstage Area. PURCHASER is to provide ample security as directed by ARTIST's Tour Manager in the on-stage area to keep persons not directly connected with the performance clear of the stage area and backstage area. It is PURCHASER's sole responsibility to ensure that it is safe for ARTIST to perform. NO ONE other than those designated by ARTIST and/or Tour Manager shall have access to on-stage or backstage area at any time. (d) Security Officers. In venues less than twenty-five hundred (2500) capacity, PURCHASER agrees to provide at its expense a minimum of fifteen (15) security officers which will be directed by ARTIST's Tour Manager. In venues greater that twenty-five hundred (2500) capacity, PURCHASER agrees to provide a minimum of twenty (20) security officers which will be directed by the ARTIST's Tour Manager. (e) [INTENTIONALLY OMITTED] (f) Identification Passes. ARTIST and its personnel will have in their possession an ALL ACCESS pass and may provide others with Special Guest passes. PURCHASER shall provide Stage Crew with their own passes. ARTIST's Tour Manager will provide a pass list to all security personnel that will show the passes that will be honored and what access they have on the day of the show. No other type of pass will be honored the entire day. ARTIST's Tour Manager shall have absolute approval on all passes requested by PURCHASER. (g) Twenty-Four (24) Hour Security Coverage for Overnight Stays. In the instance of two (2) or more consecutive performances being staged in the same venue, PURCHASER will supply at its expense, constant twenty-four (24) hour security coverage by a team of no less than two (2) security officers who are on patrol at all times and areas of the ARTIST"s production equipment and the belongings as directed by the ARTIST's Tour Manager. This coverage is to be continuous from the time the company's production staff depart the facility until the time of the return of the company's production staff. When shifts change during this time period all pertinent information should be passed on as instructed by the Tour Manager. IN ADDITION: The removal of ANY equipment associated with the ARTIST can ONLY be allowed as specifically instructed by the Tour Manager. PBP/RIDER.18 (sh: 3/2/01) 11 Purchaser initial here: (h) Meeting of Security Personnel. A meeting shall be required between ARTIST's Tour Manager or their designee(s), the Chief House Security Officer and the Chief Usher (or the operative chiefs who will be working the relevant performance on the floor) no later than one hour prior to the scheduled time for house doors to open. (i) Security Measures Unacceptable to Tour Manager. If a security measure is not accepted by the ARTIST's Tour Manager, PURCHASER shall make arrangements for more security to the satisfaction of the ARTIST's Tour Manager. THE ACTIVE COOPERATION OF ALL PARTIES TO ENSURE THAT ANY AND EVERY ASPECT OF SECURITY AND ITS APPLICATION DOES NOT BECOME AN ISSUE, WILL BE GREATLY APPRECIATED. 19. PARKING (a) Access for Band and Crew Trucks. Band and crew entourage ground transport vehicles must also be able to park in the immediate vicinity of the backstage door within security supervision. Tour related vehicles are not to be parked in an area of general parking access. (b) Inside Parking Area for ARTIST and Band Party Vehicles. If possible, ARTIST and band party vehicles should be able to drive INSIDE the main backstage doors for safety, security and privacy of their occupants when they arrive or depart. Where possible, they should remain parked in that place, but where regulations and safety procedures prohibit this the vehicle must be able to park as close as possible and be available at a moment's notice. (c) No Charge to ARTIST for Parking. Provisions must be made to park any and all of ARTIST's vehicles at no charge to the ARTIST. (d) Location of Vehicle Drivers. The drivers of all ARTIST and band vehicles MUST either remain with their vehicles at all times or have their whereabouts at all times made known to the Tour Manager's staff and security personnel. 20. FIRE REQUIREMENTS Fire Exits. All fire exits must be totally accessible to the public, working staff of the venue, band and crew. Fire exits must not be obstructed by any object whatsoever and areas in front of fire exits shall not be used by "standing room only" ticket holders. Whereas it is understood that fire exits do have locks, these locks shall in no way hinder a safe exit of the venue, i.e. the locks shall not be chained or padlocked. If the venue fire exits do not have push bar doors and leaving the exit open allows access to the public into the venue other than through the box office gate, it is the responsibility of the PURCHASER or venue manager to post a security guard at each exit in question. We consider the above clause of the foremost importance. The Tour Manager will check the safety of the facility regarding the fire exits and shall have the absolute right to not permit the performance to begin until satisfied that the standard safety requirements are met. 21. MEDICAL CONTACTS During the entire period from rigging call until departure of the last truck, ARTIST requires twenty-four (24) hour emergency telephone numbers with contact names for the following categories of medical attention, which medical personnel shall be on twenty-four (24) hour call during the entire time ARTIST is in the city of performance: DOCTOR/EMERGENCY ROOM/E.M.T./EYE DOCTOR/DENTIST/CHIROPRACTOR/MASSEUSE. PBP/RIDER.18 (sh: 3/2/01) 12 Purchaser initial here: 22. SOUND REQUIREMENTS ARTIST requires a professional quality Sound System for the proper presentation of its performance. PURCHASER agrees to pay for at its own expense a Sound System which ARTIST shall arrange for (with PURCHASER's unlimited assistance) and will meet the following specifications: (a) F.O.H. System (i) F.O.H. should be located at no more than ninety feet (90') from stage and must be centered to P.A. system without a riser unless festival seating. _ (ii) House sound system (Arenas): 48 EAW KF850's, 24 EAW KF850 SB, 8 EAW 260.** (iii) House sound system (Sheds/Fairs/Festival): 32 EAW KF850's, 16 EAW KF850 SB, 6 EAW 260.** (iv) House sound system (Theaters): 24 EAW KF850's, 12 EAW SB850's.** See Exhibit "D" for above "HANG or STACK" / **Front Fills All appropriate power amplifiers to properly power the above listed speaker systems is required. Please include a spare processor for PA (i.e., 2 EAW MX 800 processors). (v) House console: Yamaha PM4000/48 or Midas XL3/48 or XL4/48 (vi) EQ/Drive Rack: 2 Klark DN360's (Alternate: BSS960) (MAINS) (vii) Processing Rack: 1 Drawmer 1960 or Summit DCL 200 (Dual Compressor for Mains) (viii) 1 analyzer (Mains) (ix) Compressors: 6 BSS 402 or 3 BSS 404 / or 6 Drawmer 441 / or 12 DBX 160 (x) Gates: 2 BSS 422 or 1 BSS 522 / or 2 Drawmer 201 or 1 Drawmer 404 (xi) FX Rack: 1 Lexicon 300 w/lark, 2 Yamaha SPX 990, 1 Roland SDE 3000 (xii) Playback Rack: 1 high quality DAT Machine, 1 high quality CD player, 1 high quality Cassette Recorder. (xiii) Intercom: 1 Master station, 4 belt packs, 2 telephone handsets, 2 headsets, 2 flashers. (b) POWER Requirements: (i) 3 phase 200 amp min. on its own isolated transformer (separate from Lighting) (ii) If GENERATORS are used, a SEPARATE generator for SOUND and a separate generator for Lighting. ANY SUBSTITUTIONS MUST BE CLEARED IN WRITING BY ARTIST'S SOUND ENGINEER! PBP/RIDER.18 (sh: 3/2/01) 13 Purchaser initial here: (c) Monitor System: ARTIST is using IN EAR and wedge Monitors. Substitutes are UNACCEPTABLE. (i) System must be located on Stage LEFT with a clear view of ARTIST. Guitar tuning station is located on Stage RIGHT with 1 @ 20 amp A/C outlet. (ii) Console: Midas XL250 or XL3, Yamaha 4000M or 3500M (Consoles must have VCA's) (iii) EQ Rack: 6KT DN 360 or BSS 960 (12 Mixes) (iv) Insert Rack: Compressors: 6BSS 402 or 3 BSS 404 / oi• 3 Drawmer 441 (v) Gates: 2 BSS 522 or 1 BSS 504 / or 2 Drawmer 201 or 1 Drawmer 404 (Gates must be Freq. Dependent). (vi) Effects: 2 reverbs. LXP 70's, 80's or 90's, 1 multi efx T.C. M5000's Yamaha SPX 990's (vii) Wedges: 6 Clair Bros. 12 am's (12" x 2") (viii) Side Fills: Should be of same type and configuration as house P.A. 2 Hi packs and 1 2X18" sub per side. (ix) Microphones: 1 Shure SM91, 1 SM B52, 6 SM57, 4 SM 98 (with clip on). 2 AKG 414, 4 AKG 460,4 AKG 535, 4 Sennheiser 409, 2 Sennheiser 421, 1 EV RE 20 (x) Direct Boxes: 8 CountryMan (DI Boxes Must be ACTIVE) (xi) Mic Stands: 4 heavy ROUND base, 12 regular ROUND base, 8 short ROUND base (BOOM ARM'S for all above stands). ALL SUBSTITUTES MUST BE CLEARED IN WRITING BY ARTIST'S SOUND ENGINEER. (xii) Power Requirements: Main system - 3 phase 200 amp min. (MUST BE CLEAN WITH NO MORE THAN 0.5 VOLTS BETWEEN NEUTRAL AND GROUND AND ON ITS OWN ISOLATED TRANSFORMER), 6 drops of stage power 20 amps each with 4 outlets per drop to be supplied by the sound co. Please note: Consoles, EQ's, inserts, mics and stands not to be shared with other acts. ANY PROPOSED SUBSTITUTION MUST BE CLEARED IN WRITING BY ARTIST'S SOUND ENGINEER. NO EXCEPTIONS! (d) Stage: (i) As specified on input list, attached hereto as Exhibit "B," and plot, attached hereto as Exhibit "A," page 2. (e) Personnel: (i) Monitor Engineer: ARTIST may require the services of a Monitor Engineer. PURCHASER should notify the vendor of this in advance so that vendor can provide an engineer with experience suitable for this performance. (ii) Two (2) experienced techs, minimum. PBP/RIDER.18 (sh: 3/2/01) 14 Purchaser initial here: PURCHASER AGREES TO PAY ARTIST TWO THOUSAND DOLLARS ($2,000) UPON ARTIST'S DEMAND IN LIQUIDATED DAMAGES FOR EACH AND EVERY DEVIATION BY PURCHASER FROM THIS SECTION, INCLUDING PURCHASER'S FAILURE IN ANY WAY TO ASSIST ARTIST IN SECURING SUCH EQUIPMENT. 23. LIGHTING ARTIST requires a professional quality lighting system for the proper presentation of its performance. PURCHASER agrees to pay for at its own expense a lighting system which ARTIST shall arrange for (with PURCHASER's unlimited assistance) and will meet the following specifications: (a) A professional quality lighting control console with automated light capability (i.e. WHOLE HOG I, WHOLE HOG II, LEPRICON LP 2000) with a minimum of seventy-two (72) control channels, two scene presets, and one hundred twenty (120) programmable submasters with momentary bump buttons. IMPORTANT: AT ARTIST'S LIGHTING DIRECTOR'S SOLE DISCRETION, HE MAY PROVIDE HIS OWN WHOLE HOG I CONSOLE FOR WHICH PURCHASER SHALL PAY ARTIST FIVE HUNDRED DOLLARS ($500.00) PER SHOW. (b) Whenever possible, Lighting Console should be placed near Audio Console. (c) A professional quality intercom system (i.e. CLEAR COM) with stations at the Control Console (2), Dimmers (1), all Spotlight positions (4), and Houselight Operator position (1). A single muff headset is required for the Control Console position. (d) Two (2) 40 foot straight trusses Flown or Ground supported according to OSHA safety standards. Downstage truss position is to be 4' to 6' in front of downstage edge of stage. Upstage truss position is to be 6' to 10' upstage of drum rise position, and to include a black backdrop the width of the stage that dresses to the stage when at trim. (e) One hundred thirty six (136) par 64 luminaries, six (6) ellipsoidal spotlights of various degrees, and two (2) Thomas Eight Light DWE, hung, lamped, channeled, and colored according to lighting plot (see attachment Exhibit "C"). (f) Eight (8) automated fixtures (i.e. Intellabeam 700 HX or Cyberlight) with a qualified operator/technician and position memory controller and two (2) 480X 640 SVGA monitors. (g) Four (4) Longthrow followspots (2K Xenon or equivalent) with four (4) experienced operators. A six (6) color boomerang is required (see lighting plot Exhibit "C" for placement and colors). (h) Two (2) haze making machines (DF-50). (i) All power for the lighting system, including front of house position, shall be separate from stage and sound system power. Power for spotlights must be capable of sustained operation for the duration of the show. Power for dimmers must be capable of supporting entire lighting system at once (all on). 0) The production company supplying the lighting system shall provide qualified lighting technicians capable of maintaining and focusing the system at ARTIST'S Lighting Director's direction for setup, programming and run of show. Complete installation and testing of system is REQUIRED BEFORE arrival of ARTIST. All gel colors and instrument placement are subject to change as directed by ARTIST's Lighting Director. P13P/RIDER.18 (sh: 3/2/01) 15 Purchaser initial here: Lighting for Opening Act, if any, is subject to pre-approval of ARTIST's Lighting Director. ANY VARIATION FROM THE PREVIOUS REQUIREMENTS MUST BE DISCUSSED AND PRE-APPROVED BY ARTIST'S LIGHTING DIRECTOR PRIOR TO THE DAY OF THE SHOW. PURCHASER AGREES TO PAY ARTIST TWO THOUSAND DOLLARS ($2,000) UPON ARTIST'S DEMAND IN LIQUIDATED DAMAGES FOR EACH AND EVERY DEVIATION BY PURCHASER FROM THIS SECTION, INCLUDING PURCHASER'S FAILURE IN ANY WAY TO ASSIST ARTIST IN SECURING SUCH EQUIPMENT. 24. POWER REQUIREMENTS (a) Four (4) 20 AMP circuits (110 volt) with four (4) outlets each must be provided on stage, located per sound plot. (THIS DOES NOT INCLUDE POWER NEEDED FOR SOUND SYSTEM OR LIGHTING SYSTEM.) 25. BACKLINE, TRANSPORTATION AND ACCOMMODATIONS (a) PURCHASER shall pay for equipment as set forth and incorporated by reference in Exhibit "A" attached hereto at no cost to ARTIST. ARTIST shall arrange for said equipment (with PURCHASER's unlimited assistance), but said equipment must be tested by PURCHASER'S Production Manager within twenty-four (24) hours of ARTIST's arrival for sound check. UNDER NO CONDITIONS WILL ANYONE OTHER THAN ARTIST USE SAID EQUIPMENT. Should said equipment not meet precisely with this Rider or fail to be in other than as new first class working order, ARTIST shall have the right to not perform. Additionally, ARTIST shall be entitled to liquidated damages of Two Thousand Dollars ($2,000) in cash prior to performance from PURCHASER for each failure to provide equipment which meet the requirements set forth herein. A representative with legal authority to act on PURCHASER'S behalf shall be present at the venue from the time of load-in until Artist's crew departs the venue after the performance. (b) PURCHASER shall provide first class air and ground transportation for ARTIST (eleven (11) persons) and its equipment and first class accommodations for said personnel. When making air travel arrangements, PURCHASER shall use ARTIST's travel agent (which Purchaser can find through Artist's Tour Manager). All travel dates and times are subject to ARTIST's prior written approval. 26. LABOR PURCHASER will provide at its own expense labor as follows: (a) ARTIST requires eight (8) Stage Hands promptly at load-in time. (b) Where Stage Hands are not allowed to perform as truck loaders, ARTIST requires four (4) additional Loaders promptly at load-in time. (c) Where the load-in is not directly onto the stage, or at stage level, a large loading ramp, long enough to reach the stage at a reasonable angle, or a forklift will be required. Where a forklift is supplied, one of the Stage Hands may double as a Forklift Driver. Where Stage Hands are not allowed to drive the forklift, a Forklift Driver will be required promptly at load-in time, in addition to the Loaders and Stage Hands. (d) The PURCHASER will provide an electrician who may be the "house" electrician, and may double as a Stage Hand or Forklift Driver. (e) Where Sound, Lights, and/or Back Line are provided, the Sound and Light systems should be set up before Back Line call so that all eight (8) Stage Hands may participate in unloading and setting up the Back Line. PBP/RIDLR.18 (sh: 3/2/01) 16 Purchaser initial here: (f) After the equipment is set up, all Stage Hands may be released, subject to the discretion of ARTIST's Production Manager. (g) PURCHASER must provide one (1) experienced and qualified guitar technician and one (1) experienced and qualified drum technician at the time of sound check and throughout each performance. (h) "Show call" will consist of four (4) experienced spot operators, who must report to the Lighting Designer or Production Manager fifteen (15) minutes prior to show time. (i) Load-out will require eight (8) Stage Hands. Where Stage Hands are not allowed to perform as Loaders. four (4) Loaders will be required additionally. In cases where a forklift and driver were used at load-in, the same provision should be made at load-out. 0) Stage Hands will need to be available for load-out one-half ('/z) hour before the end of the show, and Loaders will need to be available for load-out promptly at the end of the show. Stage Hands should report to ARTIST's Production Manager upon arrival. 27. STAGING REQUIREMENTS (a) STAGE SIZE: ARTIST requires a minimum stage performance area of 48' wide x 36' deep, which space must not be encroached upon by anything, including sound stacks and lighting support outriggers. The stage must be capable of supporting one hundred twenty-five (125) pounds per square foot and its surface must be smooth and free of cracks and holes. Any preexisting cracks or holes must be filled in and not simply covered. Front of stage and risers must be draped in dark blue or black. (b) SOUND WINGS: Where sound cannot be flown, sound wings should be provided, or provisions should be made for stacking the Sound System on the floor, starting at least 20' off center of the stage. Sound wings should be 16' wide x 8' deep, at stage height, whenever possible. Sound system vendor should be consulted for specific size and weight requirements. Additionally, two (2) 10' x 20' sound wings must be provided; one to be placed stage right for guitar tech and one to be placed stage left for monitor system. (c) The stage must be 5' high. (d) The stage set up must be completed, clean and clear prior to load-in time. (e) Lighted stairs, with railings, must be provided from the floor to the stage at up-stage-right and up- stage-left positions. (f) ARTIST does not require a barricade. Where a barricade is legally required, ARTIST requests that it be as close to the stage as legally allowed. (g) The stage must be completely carpeted and safely tacked down. 28. DRESSING ROOM, VIP ROOM, CREW ROOM, WARDROBE ROOM AND PRODUCTION OFFICE REQUIREMENTS PURCHASER agrees to provide, at its own expense: (a) Two (2) np 'vate large dressing rooms with lock and keys must be provided for ARTIST. Dressing rooms must be clean, well lit, air conditioned/heated, with full length mirrors, electrical outlets, and complete washroom facilities. PBP/RIDER.18 (sh: 3/2/01) 17 Purchaser initial here: (b) One (1) room for a VIP reception area with adequate seating and supplied with one (1) case of Coors beer and one (1) case of mixed soda with ice. (b) Twenty (20) towels must be provided. (c) Two (2) ice chests with ice must be provided. (d) A PRODUCTION OFFICE for ARTIST's use with a telephone, fax machine, copier and a house radio for Artist's Production Manager. 29. CATERING (a) PURCHASER shall provide lunch for five (5) people at time of load in. (b) PURCHASER shall provide hot, nutritious, low-fat meals for twenty (20) people after sound check. Meals should consist of a salad with a choice of low fat dressings, sea food, poultry or beef, three vegetables and a dessert. Beverages should include soft drinks, 1% milk, water, coffee (regular and decaffeinated) and unsweetened tea (sweetener and sugar). The actual menu shall be preapproved by ARTIST'S Tour Manager. (c) If a hot nutritious meal cannot be provided, PURCHASER will provide Forty Dollars ($40.00) per person to purchase said meal. (d) Refreshments are to be provided to ARTIST (including band and road personnel of fifteen (15) people) in dressing rooms to include: One (1) Deli Tray for thirty (30) people. All dip must be low or non-fat. All cold items must be kept on ice and deli trays must be kept _fresh. 4 Cases (24-1 Liter Bottles) Spring Water or equivalent 2 Cases Molson Ice 1 Case Heineken 1 Case Original Coors 6 Bottles Fine California Chardonnay 6 Bottles Reserve Merlot 1 Gallon Fresh Squeezed Orange Juice 1 Qt. V-8 Juice 1 Gallon Apple Juice 1 Case Classic Coke 1 Case Diet Coke 1 12 Pack 7-Up 1 12 Pack Dr. Pepper 1 Bowl Assorted Fresh Fruit Fat Free Pretzels Tortilla Chips Potato Chips Gourmet Salsa 1 Loaf Wheat Bread or Rolls Low Fat Mayonnaise Dijon Mustard Large Solo Cups Paper Plates Knives PBP/RIDER.18 (sh: 3/2/01) 18 Purchaser initial here: Forks 30. FORCE MAJEURE (a) Acts of God and Other Acts Beyond ARTIST's Control. ARTIST's obligation to furnish the performance unit referred to herein is subject to the detention or prevention of sickness, inability to perform, accident, failure of transportation, including without limitation, delay resulting to gasoline shortages for air or ground transportation, Act of God, riots, strikes, including without limitation, truck strikes, labor difficulties, epidemics and any act or order of any public and judicial authority or any cause, similar or dissimilar, beyond ARTIST's control and if such events occur, ARTIST shall not be required to perform the affected scheduled engagement. (b) ARTIST Ready, Willing and Able to Perform. Provided ARTIST is ready, willing and able to perform, PURCHASER agrees to compensate ARTIST in accordance with the terms hereof regardless of any events, whether similar or dissimilar to the foregoing events, which would prevent or interfere with the presentation of the performance hereunder. 31. INCLEMENT WEATHER (a) Inclement Weather Not a Force Majeure. Notwithstanding anything contained herein, as to PURCHASER's obligations under the Contract and this Rider, inclement weather shall not be deemed to be a force majeure occurrence and the PURCHASER shall remain liable for payment of the full Contract price even if the performance(s) called for herein are prevented by such weather conditions. ARTIST shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. A scheduled rain date must be negotiated apart from this Rider before the date of the engagement between PURCHASER and ARTIST's Booking Agent. (b) Outdoor Engagements. In the event of outdoor engagements, PURCHASER shall provide a cover for the front of the house mixing position and for all equipment exposed to inclement weather and a roof over the stage, which roof shall be approved by ARTIST's Production Manager. Snow removal equipment and sand or salt shall be available to clear the loading area if necessary. 32. MODIFICATION OF RIDER It is understood and agreed that this Rider may not be changed, modified or altered, except by an instrument in writing, signed on behalf of Poor Boy Productions, Inc. in accordance with the laws of the State of Nevada. This Rider may not be assigned or changed, modified or altered except by an instrument in writing signed by the parties. Nothing in this Rider shall require the performance of any act contrary to law or to the rules or regulations of any union, guild or similar body having jurisdiction over services of ARTIST or over the performances hereunder. Whenever there is any conflict between any provisions of this Rider and any law, rule or regulation of any union, guild or similar body, such law, rule or regulation shall prevail, and this Rider shall be modified to the extent necessary to eliminate such conflict. The Contract and this Rider are the sole and complete agreement between the parties with respect to the engagement. Nothing in this Rider shall be construed to constitute the parties as a partnership or joint venture, and ARTIST shall not be liable in whole or in part for any obligation that may be incurred by PURCHASER in carrying out any of the provisions hereof, or otherwise. 33. SHIPPING AND CARGO Unless otherwise agreed to by ARTIST and PURCHASER, when ARTIST's production departs mainland U.S.A. PURCHASER agrees to incur all expenses such as cargo traveling by land, sea, air or other forms of transportation, venue to venue, city to city, for all dates outside the continental U.S.A. This also includes the cost of cartage, bond, custom fees, manifests, and other custom related costs. ARTIST'S PRODUCTION STAFF RESERVES THE PBP/RIDER.18 (sh: 3/2/01) 19 Purchaser initial here: RIGHT TO APPROVE ANY CARGO AND SHIPPING FIRMS HANDLING ARTIST'S EQUIPMENT AND GEAR. 34. PARAGRAPH HEADINGS Paragraph headings are inserted in this Rider for convenience only and are not to be used in interpreting this agreement. 35. MISCELLANEOUS (a) Right and Power to Contract. PURCHASER warrants and represents that it has the full right and power to enter into this Rider. (b) No Agency. This Rider shall not be construed to create an agency, partnership or joint venture between the parties. This Rider contemplates and effects an independent contractor relationship. (c) No Third Party Beneficiaries. The parties' agreement is not intended for the benefit of any third parties. (d) Copy of Rider. PURCHASER will make a copy of this Rider and retain it for PURCHASER's files before sending the signed Contract back to the Booking Agent. PURCHASER agrees to provide copies of this Rider to all appropriate staff persons essential to complying with details of this Rider. (e) Copy of Hall Contract and Other Documents. PURCHASER shall provide a copy of PURCHASER's agreement with a venue and any additional documents relating to the engagement immediately following execution of such agreement or acquisition of such documents. (f) Governing Law, Venue and Forum. Notwithstanding anything to the contrary in the Contract, the Contract and this Rider have been entered into in the State of Nevada. The validity, interpretation and legal effect of our agreement is governed by the laws of the State of Nevada applicable to contracts entered into and performed entirely within such State. The Nevada courts (state and federal) (the County of Washoe if state court or federal court), only, will have jurisdiction over any controversies regarding this agreement, and the parties hereto consent to the jurisdiction of said courts. Any process in any action, suit or proceeding arising out of or relating to this agreement may, among other methods, be served upon Purchaser by delivering it or mailing it to Purchaser. Any such delivery or mail service will have the same force and effect as personal service. (g) Complete Agreement. The Rider, attached to the Contract, constitutes the sole, complete and binding agreement between the parties hereto. (h) Survival. The invalidity or unenforceability of any provision hereof will not affect the validity or enforceability of any other provision hereof. This agreement contains the entire understanding of the parties relating to its subject matter. No change of this agreement will be binding unless signed by the party to be charged. A waiver by either party of any provision of this agreement in any instance will not be deemed to waive it for the future. All remedies, rights, undertakings and obligations contained in this agreement are cumulative, and none of them are in limitation of any other remedy, right, undertaking or obligation of either party. Nothing contained herein will be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statue, law, ordinance or regulation, the latter will prevail; but the provision of this agreement which is affected will be curtailed and limited only to the extent necessary to bring it within the requirements of the law. W Equitable Relief. Purchaser acknowledges, recognizes and agrees that certain of its obligations hereunder are of a special, unique, unusual, extraordinary and intellectual character, giving them a PBP/RIDER.18 (sh: 3/2/01) 20 Purchaser initial here: peculiar value, the loss of which cannot be reasonably or adequately compensated for by damages in an action at law. Inasmuch as a breach of such services will cause Artist irreparable damages, Artist will be entitled to injunctive and other equitable relief, in addition to whatever legal remedies are available, to prevent or cure any such breach or threatened breach. Nothing in this agreement will prevent Purchaser from opposing such injunctive relief on any grounds that do not negate your acknowledgments in this paragraph. 0) Rights Not Exclusive. The rights and remedies of Artist as specified in this agreement are not to the exclusion of each other or of any other rights or remedies of Artist. Artist may decline to exercise one or more of its rights and remedies as Artist may deem appropriate without jeopardizing any other of its rights or remedies. All of Artist's rights and remedies will survive the expiration of the term of this agreement. Notwithstanding anything in this agreement, Artist may at any time exercise any right it now has or at any time hereafter may be entitled to as a member of the public as though this agreement were not in existence. (k) Attorneys' Fees. In the event of Purchaser's breach or threatened breach of any agreement or Artist's rider, Artist shall be entitled to its actual attorneys' fees and costs in enforcing the agreement andlor rider. The Rider is presented solely to guarantee that your show will be one that is remembered as a success and that you would gladly repeat. We thank you for your cooperation. AGREED AND ACCEPTED: By: NAME PHONE # Venue Address Venue Phone # Venue FAX # PBP/RIDER.18 (sh: 3/2/01) 21 Purchaser initial here: SCHEDULE 1 k- PBP/RIDER.18 (sh: 3/2/01) ESTIMATED EXPENSES OF PRESENTING ARTIST IN CONCERT (PROVIDED BY PURCHASER IN ACCORDANCE WITH PARAGRAPH 3 (d) OF RIDER) 22 CREEDENCE CLEARWATER REVISITED Backline Requirements Guitars 2 Peavey 5150 / 100 watt Heads 2 Marshall 4 x 12 "SLANT" cabinets 1 Peavey Classic 50 guitar amp 1 Fender Stratocaster guitar with strap 8 Guitar stands (no Quik Lok stands) 10 30' guitar cables All necessary speaker cables for above w/spares Bass 2 Ampeg 8 x 10 SVT cabinets 1 Large power amp as Bass amp / Crest 8001 /Crown Macro Tech 3600 / QSC 4000 1 GK 800 Bass head for backup 1 5 String Bass guitar w/strap / Modulus or Yamaha brand All necessary cables for above w/spares Keyboards I Korg M1 Keyboard with Sustain pedal 1 Aphex Keyboard stand w/spare arms 1 Percussion table / 2' x 3' top / 3 ` tall All necessary cables for above including midi Drums 1 complete DW or Yamaha recording custom kit 22" Bass drum w/Tom mounts (pillow for Bassdrum) 14" Snare w/stand (Heavy duty) 10" rack tom / 12" rack tom / 16" floor tom 4 Cymbal stands w/Felts and washers (Heavy duty) 1 Drum throne (Heavy duty) 1 Hi-Hat stand w/Clutch (Heavy duty) 1 22" Medium Ride cymbal 4 18" Medium crash cymbals New "Pinstripe" Heads on all Drums Risers 1 8 x 8 x 16" DRUM Riser (carpeted) 1 8 x 8 x 8" KEYBOARD Riser (carpeted) 1 Backline tech to be on site at all times to assist Artist's crew BACKLINE FOR USE BY CREEDENCE CLEARWATER REVISITED ONLY! CREEDENCE CLEARWATER REVISITED, RIDER Exhibit "A" ? rn (D _ c?o 0 O ? O O p - - t - N O O O \' O O n x --? - co O m _p - CL ? y t ? chi CA O I - c p ?- -Q N o _ O O O •, O . ,O P.4. O _ CL au°i = .... N V) - 06 -_i?_ =a n D v y N a-- -vpo _ cl) n? X o A CL `c. o N O O CT (D N CD fD (D CA O (D CD O ? rt co • N r'* N O ? 0 CD O <. N rt (D CL O O C co N al Slot # Source Microphone Stand Insert Assign/Notes I KICK SM-91 2 SNARE/TOP SM-57 short Boom COMP dbx-166 3 SNARE/BOTTOM SM-57 short Boom 4 HAT AKG-535/460 Boom 5 RACK-1 SENNH-504/SM98 clip on GATE frequ. dependent 6 RACK-2 SENNH-504/SM98 clip on GATE frequ. dependent 7 FLOOR SENNH-504/SM98 clip on GATE frequ. dependent 8 RIDE CYMBAL AKG-535/460 Boom GATE fi-equ. dependent 9 OH/SR AKG-414 tall Boom 10 OH/SL AKG-414 tall Boom I 1 BASS-DI Di-out of Head COMP dbx-166 12 BASS-MIC 421 short Boom COMP 13 GUITAR-1/1- MIC SM-57 short Boom 14 GUITAR-1/R MIC SM-57 short Boom 1 GUITAR-1/1- Dl Active DI 16 GUITAR-1/R DI Active DI 17 GUITAR-2 SENNH-409 short Boom 18 KEY-L Active DI COMP 19 KEY-R Active DI COMP 20 ACCOUSTIC GUITAR Active DI 21 HARP Active DI COMP 12 SHAKER AKG-535/460 Boom 23 COWBELL SM-57 Boom 24 VOX-JOHN SUPPLIED Boom/no clip COMP dbx-160 25 VOX-STU SUPPLIED Boom/no clip COMP dbx-160 26 VOX-STEVE SUPPLIED tall Boom/no clip COMP dbx-160 27 AUDIENCE/SR AKG-460/SM-81 short Boom Monitors Only 28 AUDIENCE/SL AKG-460/SM-81 short Boom Monitors Only VCA's MONITOR MIXES MIX-1 SR SIDEFILL MIX-2 SL SIDEFILL 'vIIX -3 GUITAR (1) FLOOR WEDGE MIX-4 DRUM WEDGE MIX-5 DOUG EARMIX "L" (WIRELESS) MIX 6 DOUG EARMIX "R" MIX-7 JOHN EARMIX "L" (WIRELESS) M(X-8 JOHN EARMIX "R" MIX-9 STU EARMIX "L" v1IX-10 STU EARMIX "R" MIX-11 STEVE EARMIX "L" (XLR to Key Riser) MIX-12 STEVE EARMIX "R" (XLR to Key Risen EAW KF 850 W/S13 850 EAW KF 850 W/SB 850 12" x 2" (CLAIR or SIMILAR) 12" x 2" (CLAIR OT SIMILAR) "CCR" SUPPLIED @ CONSOLE "CCR" SUPPLIED @ CONSOLE "CCR" SUPPLIED (il CONSOLE "CCR" SUPPLIED @ KEY's Exhibit B II Z O. qz jZ ZS(,?a E 35R( , Il_Z (01?,; (J(?Ilfll I l f ?('r101 ? ???( I I ZPI)t . i. 09 IlliZ(??) ---. II( I J Q I I?-9 4- V J (t?l? Z =7(g- ZI UM, `moo •_, ; ?J s, ?.n _ is t c. . C s - q) 6 - -,4- +^oc??.va N 7 t???)3? I I ???)?p l I -?I? i i )Zp t?iN)z I I I???}?d l l n n II II ?NI?)Zl I I ???)?o I - - ??? ? it I c??) 3 ?? i i z (Nip I I +?? J ;; 1?)=.? I I i'. li'•' ., ^ CO S O . z 'I 6 (l, ,? ?` ?,NI N)Z I I I IC. I M.Z(?IOI ? f S(NICV?? ?.? /f1 CS s ? ? ?' V T?i I?N)Z I ( I 1? ? Z(N?? I I S(1nINWJ d (f?(?. = LCD r` L , ?I= I Z Jam' EN I (- li J ,NO t az( R 'm I DO I =Z(GN,c?v I ??4Ic? =(Z01) I rw- Dr ?B IJI a? IZ(?rQ u? i I i I I I I?i ?I 77 mill ?tr, 3` I I z (N?? I I '• > (?': i (???? / ? ? iNi ?'} ? ? NVu, Ell:t G L i?V } Z ? iNf Q Z (?If I (?rQi d ?r (? ', X41 R I?) N JI I i LJ r II I I rcviM)z I I ?? I i I i?,?)Zo11 3j rr^ W f? 21 21p 11 ?yll ?I Z71 v 0 )?Q m 0 N, Z2 INP O 11 1 O >O? ?E i17 ? ? J r O Z J to u ?. LJ U 2z Z =?f 1 ? 1 7J I?I D.L L1.1 Z pZ= I ? I U ti H M X w C Avon Recreation Department \- Memo May 30, 200I ? To: Meryl From: Sarah RE: DJ for Holiday Parry Summary Attached please find the agreement between A Great Time DJ's and the Town of Avon for entertainment services for Town of Avon Holiday Party. Recommendation I recommend that Council approve and sign the attached agreement for entertainment services in the amount of $550.00 Town of Avon 9 P.O. Box 975 • Avon, CO 81620 9 970-748-4032 A Great Time M's Erik Vienneau ot T'red-Ifammond TO Box 6143 ,gvoy; CO 81620 (970 845-8566 wnnv.agmttirn 4 corn CONTRACT FOR SERVICES CLIENT Town of Avon Holiday Party Attn. Sara Lai 748-4032 slaigavon.org VENUE Hyatt - Beaver Creek DATE Wednesday, December 19, 2001 TIME 4 hours T.B.A. DEPOSIT $250 FINAL PAYMENT $300 (includes $50 local's discount) TOTAL DUE $550 Visa/ MasterCard # EXPIRATION SIGNATURE OF CLIENT DATE $150/hr. overtime; Date is confirmed by receipt of deposit; Balance due at event. "Give `em 5" 1?ro# 5% of profits help support local children's charities Member: Vail Valley Chamber of Commerce Avon Recreation Department Memo /t2_._-- June 5, 2001 To: Meryl Jacobs From: Sarah Stoutenburgh -Lai RE: Holiday party entertainment contract Summary Attached please find the agreement between The Robinn Lange Stage Hypnosis Show and the Town of Avon for entertainment services for Town of Avon Holiday party. Recommendation I recommend that Council approve and sign the attached agreement for entertainment services in the amount of $950.00 Town of Avon • P.O. Box 975 • Avon, CO 81620 • 970-748-4032 ENGAGEMENT AGREEMENT 1. Agreement made this 30th day of May, 2001 between Robinn Lange, hereafter referred to as Artist, providing the services of Hypnosis Stage Show under the name of The Robinn Lange Stage Hypnosis Show, and Sarah Stoutenburgh Lai of the Town of Avon Recreation Department, hereafter referred to as Purchaser. 2. NAME AND ADDRESS OF ENGAGEMENT: Beaver Creek Hyatt Avon, Colorado 3. DATE(S) OF ENGAGEMENT (daily or weekly schedule): Wednesday December 19, 2001 4. TIMES OF PERFORMANCE(S): One sixty minute performance beginning at 7:00 p.m. 5. TYPE OF ENGAGEMENT: Holiday Party 6. ARTIST/KEY PERSONNEL: Robinn Lange S.S.# 342-58-6250 7. LEADER-INDEPENDENT CONTRACTOR: Robinn Lange executes this Agreement as an independent contractor, not as an employee of the Purchaser, and shall at all times have complete supervision, direction and control over the services of personnel on the engagement and expressly reserves the right to control the manner, means and details of the performance to fulfill the engagements requirements. 8. CONTRACT PRICE: $950.00 (nine hundred fifty dollars & no/100), plus hotel accommodations for two (either two single or double rooms or one double w/two beds) Paid As Follows: A deposit of $150.00 is due upon the signing and return of this agreement, with the total balance due in full prior to date of performance, or upon arrival, before performance begins on 12/19/2001. Payment is payable to ROB/NN LANGE (Productions) If not paid within six days of the date due, payment shall be considered delinquent and shall bear 13'4% interest per month computed as of the date due. If litigation is necessary for collection, attorney's fees, court costs, and any other expenses incurred shall be paid by debtor, unless prohibited by applicable local law. It is understood that the deposit is to reserve the date and time and is non-refundable. . 9. AGENT PROVISIONS: All parties acknowledge Agent shall have fully performed his service upon the commencement of engagement. Agent shall not be liable for the default of Purchaser or non-performance of Artist/Key Personnel. 10. MISCELLANEOUS PROVISIONS: a. The recording, reproduction or transmission of performance(s) is strictly prohibited without the advance written consent of the Artist. b. Artist(syKey Personnel may be members of a union or guild, in such event, Artist(s)/Key Personnel agrees to be solely responsible for complying with the rules and regulations of such unions or guilds which may affect their performance(s). Artist makes no representation that Artist(s)/Key Personnel are affiliated with any union or guild. c. Artist(s)/Key Personnel will not be held liable in any way for damages incurred in conjunction with said engagement. d. The parties agree that this Agreement is made and subject to the laws of the state of Illinois and may be enforced in appropriate court of law in said state. e. Immediately following the performance the Artist will be available to meet and greet guests with permission to set-up, display and sell related merchandis/videos. Artist will provide said merchandise and shall retain any proceeds. 11. ADDITIONAL PROVISIONS: Attached "Performance Instructions" is also included as part of this agreement. 12. Commencement of engagement together with physical delivery of this agreement to Artist, signed by Purchaser, is deemed to be acceptance of all terms and conditions set forth in this Agreement by all parties. 13. If any provisions of this Agreement are deemed to be void or unenforceable, the remaining provisions hereof shall remain in full force. Both Purchaser and Artist acknowledge and confirm that they have read and approved the terms and conditions set forth in this Agreement. 14. Agreement must be returned to Artist, signed by Purchaser, on or before June 15, 2001, o;th* Ag reement s II be considered null and void. Purchaser's Name Artist: RObi a PURCHASER'S SIGNATU Street CityTelephone(s)/Fax P.O. State zip Warrenville, Illinois 60555 (866) HYPNOFUN Fax (630) 393-1& E-mail: HypnoFun@aol.com ENGAGEMENT AGREEMENT 1. Agreement made this 30th day of May, 2001 between Robinn Lange, hereafter referred to as Artist, providing the services of Hypnosis Stage Show under the name of The RObinn Lange Stage Hypnosis Show, and Sarah Stoutenburgh Lai of the Town of Avon Recreation Department, hereafter referred to as Purchaser. NAME AND ADDRESS OF ENGAGEMENT: Beaver Creek Hyatt Avon, Colorado 3. DATE(S) OF ENGAGEMENT (daily or weekly schedule): Wednesday December 19, 2001 4. TIMES OF PERFORMANCE(S): One sixty minute performance beginning at 7:00 p.m. 5. TYPE OF ENGAGEMENT: Holiday Parry 6. ARTIST/KEY PERSONNEL: Robinn Lange S.S.# 342-58-6250 7. LEADER-INDEPENDENT CONTRACTOR: Robinn Lange executes this Agreement as an independent contractor, not as an employee of the Purchaser, and shall at all times have complete supervision, direction and control over the services of personnel on the engagement and expressly reserves the right to control the manner, means and details of the performance to fulfill the engagements requirements. 8. CONTRACT PRICE: $950.00 (nine hundred fifty dollars & no/100), plus hotel accommodations for two (either two single or double rooms or one double w/two beds) Paid As Follows: A deposit of $150.00 is due upon the signing and return of this agreement, with the total balance due in full prior to date of performance, or upon arrival, before performance begins on 12/19/2001. * Payment is payable to ROB/NN LANGE (Productions) If not paid within six days of the date due, payment shall be considered delinquent and shall bear 13/4% interest per month computed as of the date due. If litigation is necessary for collection, attorney's fees, court costs, and any other expenses incurred shall be paid by debtor, unless prohibited by applicable local law. It is understood that the deposit is to reserve the date and time and is non-refundable. . 9. AGENT PROVISIONS: All parties acknowledge Agent shall have fully performed his service upon the commencement of engagement. Agent shall not be liable for the default of Purchaser or non-performance of Artist/Key Personnel. 3. MISCELLANEOUS PROVISIONS: a. The recording, reproduction or transmission of performance(s) is strictly prohibited without the advance written consent of the Artist. b. Artist(s)/Key Personnel may be members of a union or guild, in such event, Artist(s)/Key Personnel agrees to be solely responsible for complying with the rules and regulations of such unions or guilds which may affect their performance(s). Artist makes no representation that Artist(s)/Key Personnel are affiliated with any union or guild. c. Artist(s)/Key Personnel will not be held liable in any way for damages incurred in conjunction with said engagement. d. The parties agree that this Agreement is made and subject to the laws of the state of Illinois and may be enforced in appropriate court of law in said state. e. Immediately following the performance the Artist will be available to meet and greet guests with permission to set-up, display and sell related merchandis/videos. Artist will provide said merchandise and shall retain any proceeds. 11. ADDITIONAL PROVISIONS: Attached "Performance Instructions" is also included as part of this agreement. 12. Commencement of engagement together with physical delivery of this agreement to Artist, signed by Purchaser, is deemed to be acceptance of all terms and conditions set forth in this Agreement by all parties. 13. If any provisions of this Agreement are deemed to be void or unenforceable, the remaining provisions hereof shall remain in full force. Both Purchaser and Artist acknowledge and confirm that they have read and approved the terms and conditions set forth in this Agreement. 14. Agreement must be returned to Artist, signed by Purchaser, on or before June 15, 2001, or this greement sh be idered null and void. Purchaser's Name Artist: Rob - PURCHASER'S SIGNATURE Street P.O. Box City State Zip Warrenville, Illfhois 60555 elephone(s)/Fax (866) HYPNOFUN Fax (630) 393-1834 E-mail: E-mail: HypnoFun@aol.com @ ^? 406W?0* vh? PERFORMANCE INSTRUCTIONS Thank you for booking the Robinn Lange Show. In order to assure the bast possible performance, the following items are to be provided: 1. One 6' or 8' rectangle banquet table for soundperson operation and equipment set-up, located on or near the stage (side of stage preferred). (Skirting and top covering for tables requested whenever possible) 2. Stage or designated performance area with adequate lighting 3. Chairs (straightback/no arm chairs preferred) set up on stage or performance area to accommodate 15 - 20 people 4. One standard electrical outlet on or near soundtable on stage or performance area NOTE: PERMISSION IS REQUIRED FOR THE AUDIO/VIDEO TAPING OF ANY OF OUR PERFORMANCES. THIS MUST BE REQUESTED IN WRITING, TO OUR OFFICE, PRIOR TO DATE OF PERFORMANCE. Please let us know if you are having a D), band or other entertainment in conjunction with our performance. What time will they be setting up? What time may we set-up? The show will run 60 minutes, as requested. This can be altered to accommodate your specific needs or requirements. Since the format of the performance utilizes audience participation it is recommended that our performance not be a "surprise" or unannounced to your guests. It is necessary to have the audience in close proximity to the stage. Having a large space between the stage/performing area and audience will allow for loss of effectiveness. H necessary, or possible, please seat people from the front of room (closest to stage) to the back. (more) (con't.) For focus and concentration purposes, and to assure the best results, it is necessary just prior to the beginning pf performance to direct all attention to the performance are/stage, and turn off all televisions, video/arcade games, and other items that may be distracting during the performance. It is suggested that whenever possible, the on-stage chairs are up against or backed near a wall so there is no seating behind the on stage participants. If a balance is due on the day of the event, please provide us with the contact person to seek to receive payment. Mr. Lange always makes himself available to local press/media (television, radio and newspapers) for promotional purposes. Please submit any media requests in advance to assure proper accommodations. All advertising and promotion of Mr. Lange's performance should include the proper spelling of his name and proper tagline: Master Stage Hypnotist ROBINN LANGE "America's Premier Comedy Hypnotist". All accommodations and considerations should be for at least two, Mr. Lange and an assistant/audio engineer. Please direct any questions regarding any of the items included herein to your Robinn Lange Show representative, Bruce Andersen (630) 393-18341 or toll-free at (866) HYPNOFUN. Robinn Lange Productions P.O. Box 110 Warrenville, Illinois 60555 U.SA. (866) HYPNOFUN Toll-Free (630) 393-1606 Phone (630) 393-1834 Fax HypnoFunShowgaol.com E-Mail May 30, 2001 Town of Avon Recreation Department C/O Sarah Stoutenburgh Lai P.O. Box 975 Avon, Colorado 81620 Dear Sarah, Thank you for booking The Robinn Lange Stage Hypnosis Show! We are confident that you and your guests will be truly entertained and pleased with our performance. Enclosed please find the Engagement Agreement, accompanied with our Performance Instructions for your event. Please read it over carefully. Once you have read and understood the contents, please sign and complete the "Purchaser" information section in the lower left corner of the agreement. Retain a copy for your records. Please return the signed copy, accompanied with your deposit check payable to Robinn Lange, by the date indicated in the agreement. We will remain in touch with you as the event nears to tend to any changes or final details. If you have any questions, or if we can be of further assistance, please do not hesitate to contact us. We are looking forward to meeting you and performing for your event. gin ly, Andersen g/Tour Coordinator Television * Radio * Fairs S Festivals * Cruise Ships * Resorts * Hotels * Corporate Events * Schools * Fund Raisers d Memorandum To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager 7 Y From: Bob Reed, Director of Public Works Date: 05/30/01 Re: Elevator Service Contract Summary: ThyssenKrupp Elevator (formerly Dover Elevator) submitted a proposal for elevator maintenance. The proposed service includes all annual safety tests required by National and Local codes (which we currently pay for separately), and the cost of replacement parts (which we have no provision for). Service Calls are included, as well. This would mean a difference of $350.00 over what we are currently paying for minimal service. I have outlined the benefits of having this type of agreement and attached that as well. Burt Levin has reviewed the contract and made a few changes, which is initialed by their Representative. Recommendations: Sign three copies of the maintenance agreement (renewable on appropriation of funds) and return for ThyssenKrupp approval. 1 BENEFITS OF HAVING THYSSEN DOVER MASTER MAINTENANCE SERVICE ASSURANCE that your elevator investment is protected by a qualified elevator service company and that the equipment will operate at peak performance. ELIMINATION of unexpected large repair costs. With Dover's Master Maintenance Agreement your elevator expenses are made in a budgetable monthly payment. PROTECTION against maladjustment of elevators. When a shutdown occurs we are just a phone call away. Service calls Monday through Friday from 8:00 A. M. to 4:30 P. M. are included. EXPERIENCED factory trained personnel will service and adjust your elevator. SERVICE AND SUPPORT for our service representatives are available from engineers and technicians in our district office in Denver, our technical facility in Dallas, and our corporate headquarters in Memphis. PREVENTIVE MAINTENANCE is performed regularly to keep your elevator in top operating condition resulting in reduction of untimely shutdowns. PARTS replacements are included. The burden of expensive parts replacements belongs to Dover Elevator Company. REDUCED LIABILITY. Routine maintenance allows us to make necessary adjustments and renew necessary parts before they become a safety factor. SAFETY tests are included. We will perform annual tests required by local and national codes. A record of each test will be given to you and kept on file. RECORDS of all exams, tests, service calls, and repairs are kept and available to you upon request. Elevator Maintenance Agreement. To: BOB REED TOWN OF AVON P. 0. BOX 975 AVON, CO 81620 (Hereinafter Purchaser) For: AVON MUNICIPAL BUILDING AVON ROAD AND BEAVER CREEK ROAD AVON, CO 81620 By: ThyssenKrupp Elevator P. 0. BOX 4500 EAGLE, CO 81631 1.970.328.5955 FAX 1.970.328.5960 UNITS TO BE MAINTAINED Unit Quantity Manufacturer ONE (1) DOVER Type of Unit Unit ID or Serial # Number of Stops DOVER E64202 TWO (2) ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in this agreement. We will endeavor to provide a comprehensive maintenance program to maximize the performance, safety, and life span of your equipment. ThyssenKrupp Elevator Elevator Maintenance Agreement Dependable maintenance. ThyssenKrupp Elevator will perform the following services: Examine the elevator equipment for proper operation. Our examination, lubrication, and adjustment will cover the following component groups and related equipment of your elevator system: • Control and landing positioning systems • Signal fixtures • Machines, drives, motors, governors, sheaves, and ropes • Power units, pumps, valves, and jacks • Car and hoistway door operating devices and door protection equipment • Loadweighers, car frames and platforms, and counterweights • Safety mechanisms Lubricate equipment for smooth and efficient performance. Adjust elevator parts and components to maximize the elevator's performance and safe operation. Relamp all signals as required (during regularly scheduled visits). Repair or replace components worn due to normal wear. Refer to "Other considerations" section for items not covered. ® Test equipment as outlined in the American National Standard Safety Code for Elevators and Escalators, ANSI A17.1, current edition as of the date this agreement begins (only if box is checked). We will perform governor and safety tests on traction elevators once per year and relief pressure tests on hydraulic elevators once per year. You agree to pay for any costs of the inspector or inspection fees. By highly-trained ThyssenKrupp Elevator professionals. ThyssenKrupp Elevator-employed and supervised elevator technicians, who are among the most trusted in the industry, will provide all maintenance courteously and dependably. Our elevator technicians receive ongoing training in general equipment development as well as advancements made to your specific elevators. With assurance of the ThyssenKrupp Elevator standard of quality. To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us for your specific brand of elevator. They will be equipped with the tools, documentation and knowledge to troubleshoot your unique system. Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a family of engineers and field support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. ThyssenKrupp Elevator maintains a comprehensive parts inventory to support our field operations. Replacement parts are stored throughout North America in ThyssenKrupp Elevator facilities, and are normally available as necessary. Most specialized parts are available within 24 hours, seven days a week. All replacement parts used in your elevators will be new or refurbished to meet the quality standards of ThyssenKrupp Elevator. In a timely and responsive manner. We will visit your elevators on a regularly scheduled basis. These visits will be performed during normal business hours, Monday through Friday, 8:00 am to 4:30 pm (except scheduled holidays). We will respond to callbacks during these hours at no extra charge. Callbacks are defined as minor adjustments or repairs. Callbacks outside of our normal business hours and any overtime work or testing that you request will be billed based on the checked option below: ? Callbacks outside of normal business hours will be billed at standard overtime Page 2 of 4 rate. You agree to pay for travel time for any overtime service. [D On callbacks outside of normal business hours, we will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for travel time. ? On all callbacks, we will absorb overtime premium expenses. In the event a problem occurs between visits, our technicians will respond promptly. You can reach us at our local office or you may call our national dispatch network at 1.800.955.8566. A trained representative will handle your call quickly and professionally. At a reasonable cost. The price for the services as stated in this agreement shall be ONE HUNDRED FIFTY Dollars ($150.00) per month, excluding taxes, payable monthly in advance. Non- payment by the Purchaser of any monies owing under this agreement shall result in the accrual of interest on the delinquent monies at the maximum rate allowable by law. Time is of the essence. This agreement is effective for five (5) years starting June 1, 2001 and is non- cancelable, except with thirty (30) days written notice for reasons of non- performance. To ensure continuous service, this agreement will be automatically renewed for successive five (5) year periods, unless either parry timely serves written notice upon the other parry of its intention to cancel at least ninety (90) days before the end of the initial five (5) year period, or ninety (90) days before the end of any subsequent five (5) year renewal period. Notice shall be sent by certified mail, return receipt requested. Time is of the essence. FM 03/01 Elevator Maintenance Agreement Special conditions. ELEVATOR NEEDS TWO WAY COMMUNICATION WITH OUTSIDE TO COMPLY WITH CODE. PROPOSAL FOR ADA COMPLIANT TELEPHONE HAS BEEN SUBMITTED. Your responsibilities. Product information. You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement. You agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back-up of the software embodied therein. These items will remain your property. Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. You agree to report immediately any condition that may indicate the need for correction before the next egular examination. You agree to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notify us at once, and keep the equipment shut down until the completion of any repairs. You agree to give us verbal notice immediately and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel a safe place in which to work. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place in which to work. You agree to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50°F minimum to 907 maximum. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods to be employed for any corrective work under this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described herein, or the premises in which they are located, you agree to see that such successor is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the agreement. .N_X4 consideration of ThyssenKr p Elevator p orming the services here' specified, you xpressly agree to ind nify, defend, save h rmless, discharge release and forever a uit ThyssenK pp Elevator, our officers, ag is and a loyees from and against any a all cl ms, demands, suits, and proceeding ro ght against us or our employees of any ture whatsoever, including but not Ii i d to loss, damage, injury or death th are leged to have arisen from or al ged to in connection with the presen e, use, mis e, maintenance, ' stallation, rem val, manufacture, esign, operation condition of the equip ent covered by this agreement or the associated areas surroundi g such equipment, specifica includin claims or losses alleged or pro d to have risen from the joint or sole neglig nce of ThyssenKrupp Elevators or our emp] ees. I \ ?J Yo xpressly agree to na e ThyssenKrupp Elevato s an addition insured in your liability an exce (umbrella) liability insurance policy ' Such insurance must insure us forth e c s or losses referenced in a above pa raph. You hereby waiv the right of subrogation. Other considerations. Items not covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, Page 3 of 4 including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, communication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. Annual price adjustments. As the costs we incur for providing elevator service increase and decrease annually, we will adjust the price of your service accordingly on an annual basis. We will adjust your monthly price based on the percentage change in the average rate paid to elevator examiners. This rate consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. Pricing may also increase or decrease in the event the equipment is modified from its present state. Overdue invoices. A service charge of 11/2% per month, or the highest legal rate, whichever is less, shall apply to overdue accounts. If you do not pay any sum within sixty (60) days from the billing date, we may also choose to do one of the following: 1) suspend all service until all amounts due have been paid in full, or 2) declare all sums for the unexpired term of this agreement due immediately and terminate this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for damages or injuries to persons or property from the lack of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator of any costs we incur as a result of the suspension of service. FM 03/01 Elevator Maintenance Agreement Non-performance. "Non-performance" is defined as our inability to remedy any deficiencies within thirty (30) days after receiving written notification from you. Other conditions. With the passage of time, equipment technology and designs will change. We will not be required to make any changes or recommendations in the existing design or function of the unit(s). We shall not be obligated to service, make renewals or repairs upon the equipment by reason of obsolescence, misuse of the equipment, another's negligence, loss of power, blown fuse(s), tripped stop switch(es), theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls, acts of civil or military authorities, strikes, lockouts, acts of God, or any other reason or cause beyond our control. In the event any component of the elevator becomes obsolete or outmoded, or is no longer manufactured by the original manufacturer, it shall be your obligation to replace the obsolete or outmoded component at your expense. We will not be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, any governmental agency or authority, or any third party. Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement until the test has been made. We shall not be liable for damage to the building structure resulting from the performance of safety tests. Should the respective system fail any of the required tests, it shall be your sole responsibility to make necessary repairs and to place the equipment in a condition that will be acceptable for coverage under the terms of this agreement. In the event a third parry is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by jury and do further hereby consent that venue of any proceeding or lawsuit under this agreement shall be in Arapahoe, Colorado. In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion of this agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. Page 4 of 4 No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an authorized ThyssenKrupp Elevator manager. Accepted: THYSSENKR P ELEVATOR CORPORATION By: zz?? ?? ignature of Thys p Elevator Representative) CHRISTY HOBBS, SALES 1.970.328.5955 FAX 1.970.328.5960 Date: _67'a3 -o TOWN OF AVON By: (Signature of Authorized Individual) (Printed or Typed Name) Title: Date: ThyssenKrupp Elevator Approval: By: Title: BRANCH MANAGER Date: FM 03/01 Addendum A. This addendum shall be made a part of this agreement, and in the event of conflict with other terms, conditions, purchase orders or contract locuments, this addendum shall govern. Financial obligations of the TOWN OF AVON payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event funds are not appropriated in any given year, this contract will terminate without penalty to the TOWN OF AVON. Accepted: Addendum to contract dated: THYSSEN EL VATOR COMPANY 9e By: for Representative) ( a re of T?rv hnsty Hobbs, Sales TOWN OF AVON By: (Signature of Authorized Individual) (Printed or Typed Name) (970) 328-5955 Fax (970) 328-5960 Title: Date: ?- ?- D / Date: Thyssen Elevator Approval: By: Title: Date: A15/00 JUN. 11. LUU1 4: 11,ur1:11 utttlJllt Luvvt: 1'J U. 4iyi r. L Bill Efting Town of Avon City Manager Avon, CO 81620 June 11, 2001 RE: Avon Village Construction Dear Bill, Recently it has Come to my attention that there is a renewed effort to divert on going construction traffic for the above referenced project, to utilize the existing city streets of Avon. I am herein reiterating my most extreme opposition to any such consideration. If you recall during public hearings for this project, there were many objections, but perhaps the most vehement was that of dealing with construction traffic for 10 plus years, perhaps longer. This letter will serve to reemphasize the strongest opposition to this premise, by the Christie Lodge and its many thousands of owners. We can in no way accept the construction traffic of such volume and expect the "Quiet Enjoyment" of our owners in regard to the real estate they own. Secondarily, it makes no sense to finally elevate to Town of Avon to its present level of beautiful esthetics and let it be destroyed for some one. else's multi-million dollar profit motive. It is my contention that any such consideration is in fact a reconsideration of the master agreement approved by the counsel for the entirety of the Village Project. My objections and problems with this project are well known by you, nothing has changed that opinion. If in fact we are revisiting this agreement, then I see no other way except to revisit those procedures, which call for considerable public input. If construction traffic is allowed to freely move on East Beaver Creek Boulevard, I as the registered agent for this Home Owners Association, will absolutely have no choice but to oppose it by any means available to us. However, at this time I have full confidence'in the city counsels ability to recognize the total negative ramifications relative to construction traffic and the existing final agreement. Aside from that, I very much appreciate, over the past months and years, your input and respect for this Home Owners Association's opinions and' input, and your always-willing ear on various civic subjects. If I can be of any further service on this or other issues please be reassured I will try to make a positive contribution. lg Director Lodge P.O. Box 1196. Awn, COB 1420-1196 • (970) 949-7700 - --- --- ---- --- -------- °v- ?? v1+?,ccjo?,, YYtt ? `?p v, CbJnc?1 v,??rje?rS YA, - \k 017D s 5 2-o o UDD Aa 1. V - ?o e" f e - io y G??L? 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