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TC Council Packet 11-26-2002
TOWN OF AVON REGULAR COUNCIL MEETING AGENDA NOVEMBER 26, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a. Highway 6 pedestrian path - Helen Migchelbrink, Eagle County Engineer 3. Ordinances a. First Reading - Ordinance No. 02-22, Series 2002 - An Ordinance Adopting the Updated Zoning Map (Tambi Katieb) 4. Resolutions a. Resolution No. 02-54, Series 2002 - Appreciation of Town Manager 5. Unfinished Business a. The Village (at Avon) Water Agreement (John Dunn) 6. New Business a. Water Authority Easement - Tract G - PRV (Norm Wood) b. FEMA Mapping Report - Request for Flood Plan Mapping CWCB (Norm Wood) 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a. Approval of the November 18, 2002 Special Council Meeting Minutes b. East Avon Access and Circulation, CO# 12 Final 12. Adjournment AVON C O L O R A D O Tom oiAwn P.O. BCK975 900 Baid7rErkPmd Awn, Cdaacb816M 970-748-9005 Office of the Acting Town Manager To: Honorable Mayor and Town Council Fr: Larry Brooks, Acting Town Manager Dt: November, 26,2002 - --? Re: Update Attached please find a number of operational items for your information as follows: 1. The letter to Traer Creek LLC regarding the demolition of the old Nottingham Ranch Road Bridge. The District will soon be demolishing the old bridge to begin work on the westerly half of the new structure as part of the construction of Post Boulevard. We have an obligation to ensure that the property owners retain their access from Highway 6 throughout this process, and this is our methodology for doing so. I would hope that we can make arrangements for a council tour in the near future, and having this connection accessible will make it a lot easier to provide a bus tour! 2. The Forest Service has provided the Town of Avon with the Final Environmental Assessment for the Beaver Creek Resort Gondola Proposal. Tambi has done a nice job of summarizing this for us, and will gladly assist us should we have further questions. We can make copies for those inclined (for reasons which I can not fathom) to read the entire study. 3. Jeff informs us that the police department is participating in a Skier Safety Alliance. This could look like a nice way to get a ski pass! Seriously- a good program that provides valuable information, AND good exposure for our law enforcement people. 4. We are working with the Vail Valley Foundation to approve temporary staff and support parking on the confluence property for the upcoming World Cup in Beaver Creek. We have done this in the past in order to alleviate parking congestion along Highway 6. It doesn't solve the problem completely, but it helps. November 19, 2002 William J. Post Traer Creek LLC P.O. Box 640 Vail, CO 81658 Fax: 970-748-8900 Re: Nottingham Ranch Road Bridge Demolition Dear Bill: This is to request that demolition of the existing Nottingham Ranch Road Bridge over the Eagle River not commence until the Town of Avon has issued written authorization to proceed with the demolition. This request is not intended to delay the project but is believed to be necessary to assure that satisfactory access will be provided to the churches and other private properties accessed from Nottingham Ranch Road. Part this evaluation will also be based on Nottingham Ranch Road meeting minimum standards for a paved public street that is maintainable with the Town's equipment. We will issue written authorization to allow proceeding with demolition of the existing Nottingham Ranch Road Eagle River Bridge within one business day of our determination that the relocated Nottingham Ranch Road will meet minimum standards for access and maintenance until construction can be completed after April 15, 2003 in conformance with Title 12 of the Avon Municipal Code. If you have any questions regarding the information requested above, please contact me at 970-748-4045. Sincerely, Norman Wood, P.E. Town Engineer cc: Shane Bohart Erik Peterson Larry Brooks Keith Powers, P.E. CAWINDOWS\Temporary Internet Fi1es\0LK8184\Bridge Demolition- 1. Doc Memo To: Larry Brooks, Acting Town Manager From: Ruth Borne, Director of Community Development Tambi Katieb, Community Development Date November 19, 2002 Re: Summary of USFS Final Environmental Assessment, Beaver Creek Resort Gondola Proposal Summary The US Forest Service has released a Final Environmental Assessment (EA) of the Gondola Proposal at Beaver Creek Resort. This final decision notice and Finding of No Significant Impact (FONSI) provides the basis and rationale for the Forest Service's selection of `Alternative 2' as the final gondola configuration out of four possible alternatives. The first two stages of this gondola will be constructed on private land and connect the Town of Avon to Bachelor Gulch. The final third stage will connect the gondola from Bachelor Gulch to the top of the Strawberry Park lift. It is this stage that occurs on public land and requires formal approval by the Forest Service. In order to approve and permit the gondola routing, the Forest Service is required to prepare and review alternatives in this EA to comply with the National Environmental Policy Act. The purpose of the EA is largely to disclose to the public the direct and cumulative effects that would result from the installation of the gondola, and to make a locally-based decision on which alternative is best for the area. After reviewing four proposed alternatives, including a `no action' alternative, the construction of the gondola from Strawberry Park to Beaver Creek Village, and the construction of an entirely new lift to connect the gondola from Bachelor Gulch to Strawberry Park, the Forest Service has selected the alternative that would end the gondola at the top of Strawberry Park lift (Alternative 2). The Town was previously asked to comment on the Draft EA, and supported the gondola proposal. This final EA does not seek public input, and has a limited appeal process. Instead, the purpose of the EA is to finally disclose which alternative the Forest Service will be selecting for permitting purposes and describe the basis for this decision to the public. Should no appeals be filed within 45 days, the selected alternative will be implemented. Summary of USFS Final Environmental Assessment, Beaver Creek Resort Gondola Proposal November 19, 2002 Community Development Summary From: Jeff Layman Sent: Friday, November 15, 2002 6:39 PM To: Bill Efting; Larry Brooks Cc: Gus Pernetz; Police Sergeants Subject: Eagle County Skier Safety Alliance Our Officer Gus Pernetz, with the support of the Eagle County EMS/Public Safety Council's Prevention Committee (I know..... it's a mouth full), and with the backing of VA, has developed the ECSSA. The Alliance will consist of volunteers from local law enforcement, Fire and EMS working with VA's Yellow Jackets and the local "Head First" program, to promote the use of helmets while skiing and snowboarding. The goal is to reduce the number and severity of head injuries incurred on the mountain. The volunteers, acting on their own time, will hand out safety literature and talk with people in lift lines, on chairlifts, in the restaurants, etc. about the virtues of helmet use. This year, the program will be in operation only at Beaver Creek. The volunteers will also prepare and deliver mountain safety talks to kids at local schools. At this point, employees of the Vail PD, ECSO, Eagle River Fire and APD are slated to participate. A total of eight volunteers have been selected. Volunteers get lift passes and uniforms for their efforts. The EMS/PS Council will be doing a media release on this in the future. We wanted you to have some advance notice ......... thanks ....... Jeff FINANCIAL MATTERS November 21, 2002 1. Detail - Building Activity Report 2. Detail-Real Estate Transfer Taxes 3. Detail-Sales Tax Update 4. Detail-Accomodations Tax Update Town of Avon 970-748-4030 P.O.Box 975 Avon, Co. 81620 748-4094 For Inspection Request Permit Tally Printed: 11/21/2002 For: October, 2002 Page 1 of 2 Permit Purpose: Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 9 Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $2,561.62 Permit Purpose: New Commercial/Industrial Bldg. Public: Construction Value: $.00 # of Bldgs: # of Units: Permit Charges: $.00 Private: 1 Construction Value: $.00 # of Bldgs: 1 # of Units: Permit Charges: $1,455.92 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2002 Oct-02 Purchaser Name September Balance Forward Amount of RETT Property Received $1,292,909.25 Holiday Christie Lodge Timeshare $306.00 Burce Suzy Christie Lodge Timeshare $25.00 Title Comp Rockies Christie Lodge Timeshare $185.60 Title Comp Rockies Christie Lodge Timeshare $339.20 Title Comp Rockies Christie Lodge Timeshare $339.20 Title Comp Rockies Christie Lodge Timeshare $34.50 Title Comp Rockies Christie Lodge Timeshare $33.50 Title Comp Rockies Mtn. Vista #74 $3,999.10 Title Comp Rockies Mtn. Vista #75 $539.80 Title Comp Rockies Mtn. Vista #76 $5,198.90 Title Comp Rockies Mtn. Vista #77 $3,259.20 Title Comp Rockies Mtn. Vista #78 $1,828.50 Title Comp Rockies Mtn. Vista #79 $839..60 Title Comp Rockies - - Mtn: Vista #80 $150.00 Titl,e.Comp Rockies Lakeside Terrace $824.70 Title Comp Rockies Lakeside Terrace #117 $1,254.60 Title Comp Rockies Lakeside Terrace #118 $824.70 Title Comp Rockies Lakeside Terrace $859.70 Puckett,-Richard & Mary - Canyon Run Condo R-101 $8,500.00 Wilder Megan, Seuferer Robert-, - Avon Crossing #3101 $1,100.00 Blaine Jonathan Suncrest Condo A-3 $2,245.00 Haubert Gary Claivin Townhomes $4,955.52 Lake Jeff Scott Sunridge # G-203 $2,780.00 Whiting Rodney Sunridge 204-H $2,660.00 Berg Page & Peter - Sunridge # A-203 $2,710.00 Austin Fay & James Season #224 $4,050.00 Difranco Donna & Jeffrey Seasons #318 $4,520.00 Kelso Stephanie Seasons #420 $4,200.00 Fernandez, Mario Avon Lake Villas # 1-4 $4,560.00 Scott Daniel & Scott-Kaplan, Michael Avon Lake Villas # 23 $5,000.00 Sandler, Barry & Elaine Avon.Lake Villas #15 $5,000.00 Johnston Beth Greenbriar Condos $1,100.00 Christensen, Grant Chapel SQ # BR-229 $1,700.00 Garlock Scott & Susan Lot 15 Blk 4 Wildridge $15,700.00 $1,384,531.57 Total through -----October $1,384,531.57 Total through ----- September $1,292,909.25 October Receipts $91,622.32 TOWN OF AVON SALES TAX BY MONTH 1998 97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 001-01% 2002 01'-02% Total 5-Yr Change Change Change Change Change % Increase January 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 8.53% February 378,112.00 4.30% 384,939.69 1.81% 397,291.59 3.21% 401,384.50 1.03% 400,493.88 -0.22% 5.92% March 460,191.56 -1.81% 384,939.69 -16.35% 457,053.94 18.73% 503,411.30 10.14% 482,084.42 -4.24% 4.76% April 310,197.72 16.90% 384,939.69 24.09% 337,087.43 -12.43% 344,079.71 2.07% 289,326.67 -15.91% -6.73% May 249,079.90 3.35% 384,939.69 54.54% 286,191.36 -25.65% 317,331.11 10.88% 299,677.89 -5.56% 20.31% June 337,562.03 7.81% 384,939.69 14.04% 398,869.89 3.62% 393,695.61 -1.30% 355,084.11 -9.81% 5.19% July 370,086.73 4.81% 384,939.69 4.01% 415,978.51 8.06% 434,867.02 4.54% 399,046.84 -8.24% 7.83% August 363,110.96 7.39% 384,939.69 6.01% 400,447.52 4.03% 421,012.61 5.14% 391,457.32 -7.02% 7.81% September 333,508.38 4.41% 384,939.69 15.42% 375,400.90 -2.48% 356,264.03 -5.10% 335,782.58 -5.75% 0.68% October 305,035.11 15.68% 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% - -100.00% -100.00% November 335,073.59 -1.22% 320,335.28 -4.40% 329,170.99 2.76% 333,024.51 1.17% -100.00% -100.00% December 550,077.22 3.03% 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% -100.00% -100.00% YTD Total 4,371,459.61 4.69% 4,645,147.46 6.26% 4,685,787.59 0.87% 4,890,141.56 4.36% 3,364,744.01 -6.02% 18.15% YTD Through October Collections 1998-2002 390,000.00 F 380,000.00 370,000.00 : 360,000.00 350,000.00 r: t. 340,000.00 330,000.00 320,000.00 310,000.00 ^ t R { tr7 y. co- t r -' ? =e r r 300,000.00 1998 1999 2000 2001 2002 Year TOWN OF AVON ACCOMMODATIONS TAX BY MONTH 1998 97'-98% 1999 98'-99% 2000 991-001% 2001 001-011% 2002 01'-02% Total 5-Yr Change Change Change Change Change % Increase 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% -14.71% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% 42,137.63 31.03% 40,888.10 -2.97% 4.40% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% 10.46% 13,556.94 14.40% 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 12,536.40 3.16% -7.53% 5,762.93 -34.21% 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% 8,424.93 24.83% 46.19% 12,609.03 -9.82% 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% 13,301.20 -14.90% 5.49% 20,845.64 -2.13% 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% 21,435.73 -5.02% 2.83% 22,875.39 2.28% 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% 17,483.54 -12.03% -23.57% 11,262.18 0.79% 10,300.61 -8.54% 12,810.60 2437% 13,059.89 1.95% 13,041.26 -0.14% 15.80% 8,315.76 -5.71% 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% - -100.00% -100.00% 10,813.22 -10.72% 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% -100.00% -100.00% 32,602.89 -18.49% 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% - -100.00% -100.00% 271,805.77 -9.00% 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 217,052.51 -2.89% -1.37% YTD Through September Collections 1998-2002 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 Monthly Collections for September 1998-2002 14,000.00 12,000.00 10, 000.00 8,000.00 6,000.00 4,000.00 2,000.00 1998 1999 2000 2001 2002 Year 1998 1999 2000 2001 2002 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 NOVEMBER 26, 2002, AT 3:45 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:45 PM - 4:30 PM. 4:30 PM - 4:45 PM 4:45 PM - 5:00 PM 5:00 PM - 5:20 PM 5:20 PM-5:30 PM 1) Committee Reviews 2) Executive Session (Personnel) 3) Buck Creek Drainage Project Update (Norm Wood) 4) Art in Public Places (Larry Brooks) 5) 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. TOWN OF AVON, COLORADO BY: P..' 4" t'-' P y cKenny T6wfi Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 22,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Anne Martens, Assistant Town Engineer Date: November 21, 2002 Re: Buck Creek Drainage Improvements (I-70 to Eagle River) Design and Public Meetings Schedule Summary: The purpose of the Buck Creek Drainage Improvements project is to redesign the existing drainage channel from I-70 to the Eagle River, in order to handle more runoff from snowmelt and large storms. The project is a preventative measure to avoid excess runoff. This project will include reconstructing existing drainage structures and channels and to construct new drainage channels and structures, including a structure under the Railroad tracks. A series of Public Input Meeting will be held in conjunction with updates to Town Council and Planning & Zoning Commission. The proposed Design and Public Meeting Schedule for the Buck Creek Drainage Improvements Project is as follows: Wednesday, Dec. 51l', 2002 (5-7pm) Tuesday, Dec. 10tl', 2002 Tuesday, Dec. 17th, 2002 Public Meeting - Conceptual Design Present Conceptual Design to Council Present Conceptual Design to P&Z Tuesday, Jan. 7th, 2003 Wednesday, Jan. 8th, 2003 (5-7pm) Tuesday, Jan. 14"', 2003 Thursday, Feb. 6tl', 2003 (5-7pm) Tuesday, Feb. 11 th, 2003 Present Preliminary Design to P&Z Public Meeting- Preliminary Design Present Preliminary Design to Council Public Meeting - Final Design Present to Council - Final Design Thursday, Feb. 27t1', Mar. 6th, Mar. 13th Advertisement for Construction Bids Friday, Mar. 14th Construction Bid Opening Tuesday, Mar. 25th, 2003 Recommendation to Award Construction Contract April 15th - July 1St, 2003 Construction The project schedule is largely dependant upon the permits required from the Railroad and Army Corp of Engineers. C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Schedule Council MemO.Doc Town Manager Comments: C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Schedule Council Merno.Doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Acting Town Manager From: John Dunn, Town Attorney Ruth Borne, Director of Community Development Date November 20, 2002 Re: Public Art in Avon Summary The Town is in receipt of a written complaint regarding the placement of statuary busts at the northwest corner of Roundabout 3, between the roundabout and Firstbank of Avon. According to the complaint, the town manager approved placement of the busts without any application to the Town's Planning and Zoning Commission. The request is being made that the busts be removed and that no further statuary be placed within the Town in the absence of planning and zoning approval. It is our understanding that the busts were installed by a contractor engaged by the Avon Arts Council. The first question raised by the complaint is whether the placement of statuary must receive the approval of the Town's Planning and Zoning Commission. We believe that the answer to that question is that approval must be obtained. Section 17.12.020, Avon Municipal Code, provides that no building or other structure or improvement shall be erected or constructed without approval by the Planning and Zoning Commission. "Structure" is defined by s 17.08.770 as "anything constructed or erected, which requires location on the ground or attached to something having a location on the ground." Statuary falls within that definition, and approval is therefore required. The second question raised by the complaint is whether the busts may be removed without affording due process to the Arts Council. Particularly because the town manager approved the placement of the busts, we believe that due process will be required and that summary removal of the busts could subject the Town to liability. The Town does have the option of filing suit for a mandatory injunction to compel removal of the busts but that is a course of action we do not recommend, both for practical and legal reasons. As a practical matter, the Town has a long relationship with the Arts Council, causing litigation to be particularly inappropriate. As a legal matter, it is possible if not likely that a court would Memo to Town Council, November 21, 2002 Page 1 of 2 conclude that the Town was prevented by the doctrine of "promissory estoppel" from compelling removal of the busts. It is the law in Colorado that, when a municipal official mistakenly approves an application on which the applicant relies (in this case, by incurring the expense of installation), the municipality is "estopped" or barred from taking action inconsistent with the approval. Staff Recommendations There is consensus that approval for statuary in Avon is required. Historically, the Planning & Zoning Commission has not participated in the location of statuary in the Town. The Arts Council has contributed to improving and maintaining public art throughout the Town for several years. The purpose of the Planning and Zoning Commission is to guide and accomplish a coordinated, adjusted and harmonious development of the Town and to ensure that the location and configuration of structures are harmonious with their sites (§ 2.16.010). According to the Town Charter, Chapter XI, the Council may "increase, reduce, or change any or all powers, duties and procedures of any Boards or Commissions". In order to accommodate the existing statuary and allow for flexibility to relocate statuary as deemed appropriate by the Arts Council, staff recommends the following alternatives or combination thereof: 1. Ratify the existing locations of statuary throughout Town by adopting a resolution, including the most recent statuaries on the northwest corner of Roundabout 3; 2. Authorize the Arts Council to rotate the artwork as is deems appropriate and notify the Town of its intent to do so prior to installation; 3. Direct the Planning & Zoning Commission to review and approve how the statuary is installed, which includes the appearance of the pedestals, landscaping and lighting; 4. Further direct Planning & Zoning to review and recommend additional areas for public art. Town Manager ji CommentZ L V ??l/ ' Memo to Town Council, November 21, 2002 Page 2 of 2 November 18th 2002 Mr. Larry Brooks Acting Town Manager Avon SJ: Illegal placement of statues in the Town of Avon Mr. Brooks, The Avon Arts Council contracted with the Gallegos Corporation to place statues or more accurately "busts" of persons at the northwest corner of Avon's Roundabout 2. These busts are located between the roundabout and 1St Bank in Avon. I have been advised that Mr. Bill Efting approved the placement of the statues. Mr. Efting has no authority to direct anyone to place statues within the Town of Avon. That legal approval authority is with Avon's Planning and Zoning commissioners. The Avon Arts Council has not received any prior approval from Avon's Planning and Zoning commissioners nor any approval or direction from Town Council for the placement of these statues. I am here by calling on you to enforce the Municipal Code of the Town of Avon and remove the statues and not to allow any additional statues placed within the Town of Avon, pending the normal approval process of Avon's P&Z. The cement of these statues is illegal without prior approval. eter Buc ey Avon Town Council Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Acting Town Manager From: Jacqueline Halburnt, Director of Human Resources & Public Info Date: November 20, 2002 Re: Holiday Lighting Contest Summary: For the past three years, the Town Council has held a Holiday Lighting Contest. Staff would like to know if Council wants to continue this tradition. Background: The Town of Avon turns on its holiday lights the week of Thanksgiving. Council came up with the idea to encourage our residents and businesses to turn on their lights as well to promote holiday spirit and make Avon a more inviting, festive town. The council boards a bus and rides around Avon to enjoy the holiday lighting and choose winners in various categories. The winners are presented with a framed certificate during a regular Council meeting. Discussion: Staff has set up the following tentative dates: light viewing on Thursday, December 5 at 5:00 p.m. and awards presented on Tuesday, December 10, 2002 at the regular meeting. We will promote the contest through ads in the newspaper and a mass mailing to our businesses. Last year we presented three winners with certificates in three categories: Avon Commercial, Avon Core Residential, and Wildridge/Wildwood/Mountain Star residential. Financial Implications: The costs include $100 for frames, $200 for mailing and $300 for ads. This money was budgeted in the Manager's contingency. Attachments: I've attached a copy of past winners for your reference. Town Manager Comments: 2001 Avon Commercial 1" - Comfort Inn 2nd - Cassidy's Hole in the Wall 3rd - Chapel Square Wildridge/Wildwood Residential 1" - Mark and Joyce Morgan, 2403 Draw Spur #1 2nd - Chris and Michelle Evans, 2365 Fox Lane 3rd - Joe Busch, 2080 Wildridge Road #6 Avon Core Residential 1St - Kathy and Dave Martinez. 0901 West BC Blvd., Aspen Mobile Homes #106, Box 1326 2nd - Buz Didier, 5010 Eaglebend Drive 3rd - Luz Vazquez, 0901 West BC Blvd., Aspen Mobile Homes #62 Attachment Previous Holiday Lighting Contest Winners 1999 Residential 1St Place (tie) - Kathy Martinez at 901 W. Beaver Creek Boulevard #106 Ed Small at 4214 Wildridge Road. 2nd Place - Mark and Joyce Morgan at 2403 Draw Spur 3rd Place - John and Virginia Eschenlohr at 4550 Flat Point. C'.omm erci al 1St Place - Leo Palmos, Chapel Square 2nd Place - Scott Gifford of Mountain Man Nut and Fruit Company 3rd Place - Robin Peters of Mountain Clothing Company 2000 Avon Commercial 1St - Chapel Square 2nd - Cassidy's Hole in the Wall 3rd - Calf-A-Coffee Wildridge Residential 1s'- Mark and Joyce Morgan, 2403 Drawspur #1 2„ d - John Eschenlohr, 4550 Flat Point 3rd - Chris and Michelle Evans, 2365 Fox Lane Avon Core Residential 1St - Kathy and Dave Martinez. 0901 West BC Blvd., Aspen Mobile Homes #106 2" d - Manula Aguirre, 0901 W. BC Blvd, Aspen Mobile Homes, 121 3rd - Tie Buz Didier, 5010 Eaglebend Drive Brad & Kari Huntington, 600 Nottingham Road, Beacon Hill Townhomes, #13 Special Neighborhood Award Shepard's Ridge and Ked Spur Innovative Award Casey Frehe, 2643 Bear Trap Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Acting Town Manager From: Jacqueline Halburnt, Director of Human Resources & Public Info 1 Date: November 20, 2002 -' Re: Avon Holiday Party Summary/Background: Avon normally holds an annual holiday party to thank its employees for a year of hard work. The budget for the 2001 party was $18.5 K. In our efforts to reduce the 2002 budget, the holiday parry was cut when the budget was prepared in 2001. Staff did leave $6,500 in the budget (149-63999) for a holiday "gift." Previous Council Action: Councilor Debbie Buckley suggested that staff also organize a potluck lunch to celebrate the holidays. She suggested that Council members could donate "door prizes." Discussion: Staff will organize a potluck lunch on Friday, December 13, 2002 from 12 noon - 2 p.m. in the council chambers. The Town will provide a main dish, which will be a combination of fried chicken and deli meats. We will ask employees to bring a side dish or dessert to share. We'd held several potluck lunches in the past and they have been met with success. Councilor D. Buckley has already donated several items for door prizes including a large duffle bag from the American Ski classic, three baseball hats from various events in the valley, and a pair of ski gloves. We can also distribute the longevity awards at the potluck while we have a captive audience. We award certificates of appreciation for employees who've been with the town 5, 10, 15 or 20 years. Regarding the employee gift, one idea was to distribute gift certificates to City Market. Financial Implications: The financial implication to the town for the potluck is minimal, $400, which will be charged to the Manager's contingency (131-63999). The employee gift is already budgeted at $6,500. We have approximately 190 full and part-time employees, which would result in a gift certificate of $34 per employee. Recommendation: These are all proposed suggestions and I will gladly accept any other ideas and alternatives. Town Manager Comments: ENGINEERING DEPARTMENT (970) 328-3560 FAX (970) 328-8789 TDD (970) 328-8797 November 13, 2002 Mr. Bill Efting, Town Manager Town of Avon P.O. Box 975 Avon, CO 81620 Re: Letter of Understanding Dear Mr. Efting: EAGLE COUNTY, COLORADO EAGLE COUNTY BUILDING P.O. Box 850 550 Broadway Eagle, Colorado 8 1 63 1-0850 Enclosed are copies of a Letter of Understanding signed by all parties and transmittal letters from McGeady Sisneros, PC, Attorney for Traer Creek Metropolitan District, and Eagle-Vail Metropolitan District. Both transmittal letters indicate changes that should be incorporated into the formal agreement. Diane Mauriello, Eagle County Attorney, and I will be working on the formal agreement incorporating all issues. I would like to arrange for all parties to go before the Avon Town Council to present our request that the Annexation Agreement be amended to state that neither Traer Creek nor any other party to the Annexation Agreement shall be obligated to provide funding for the future roundabouts and to request the receipt of the consent of BNP Paribas to this amendment of the Annexation Agreement. If you have any questions, please call me at (970) 328-3560. Sincerely, EAGLE COUNTY ENGINEERING IyO Helen Migchelbrink County Engineer xc: Michael Gallagher, Chairman, Board of County Commissioners Am Menconi, Commissioner Tom Stone, Commissioner Diane Mauriello, County Attorney Jack Ingstad, County Administrator George Roussos, Assistant County Administrator Shane Bohart, Traer Creek Metro District Walter Allen, Eagle-Vail Metro District Chrono/file OFFICE OF THE BOARD OF COMMISSIONERS (970) 328-8605 FAX (970) 328-7207 TDD (970) 328-8797 Email: Eagleco@vail.net http: //www.eagle-county.com October 22, 2002 Board of Directors c? EAGLE COUNTY, COLORADO LETTER OF UNDERSTANDING Traer Creek Metropolitan District 141 Union Boulevard, Suite 150 Lakewood, Colorado 80228 Attention: Shane Bohart, President Board of Directors Eagle-Vail Metropolitan District P.O. Box 5958 Vail, CO 81658 Attention: Mr. Walter Allen Re: Letter of Understanding Dear Boards of Directors: TOM C. STONE MICHAEL L. GALLAGHER ARN M. MENCONI The purpose of this Letter of Understanding is to set forth the understanding among Traer Creek Metropolitan District ("Traer"), Eagle-Vail Metropolitan District ("Eagle-Vail") and Eagle County (the "County") regarding the sharing of costs for a pedestrian trail system on Highway 6 (the "Trail Improvements"). Attached hereto as Exhibit A is a drawing which identifies the Trail Improvements and delineates that the improvements are proposed to be divided into segments 1 through 5. It is anticipated that segments 4 and 5 of the Trail Improvements will be completed as part of the Eagle-Vail Half Diamond Interchange project, which will be wholly funded by the Colorado Department of Transportation. The Parties have determined that segments 1 through 3 of the Trail Improvements ("Segments 1-3") will benefit the residents and taxpayers of each entity and that it would be beneficial for Segments 1-3 to be designed this winter and constructed next summer. The Parties have discussed allocating the anticipated costs of design and construction of Segments 1-3 and have determined that the following is a fair and equitable allocation of the costs: 40% Traer Creek; 35% Eagle- Vail; and 25% the County. The total maximum projected cost for Segments 1-3 is $500,000. Based upon the total maximum projected costs, each party's total maximum financial commitment is anticipated to be as follows: Traer Creek - $200,000; Eagle-Vail - $175,000; and the County - $125,000. In addition, Eagle County intends to administer any design and construction related activities. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 Letter of Understanding October 22, 2002 Page 2 The Parties acknowledge that pursuant to that certain Annexation and Development Agreement dated 1998, and subsequently amended, among the Town of Avon, Traer Creek and certain private parties (the "Annexation Agreement"), Traer Creek is obligated to cooperate with Eagle-Vail or some other appropriate entity in the construction of two roundabouts at the intersection of Stone Creek Drive and Highway 6 and at the intersection of Eagle Road and Highway 6 ("Future Roundabouts") up to a maximum of $250,000 per roundabout. The Parties acknowledge that all parties' participation in Segments 1-3 is conditioned upon the receipt of the Town of Avon's agreement that neither Traer Creek nor any other party to the Annexation Agreement shall be obligated to provide funding for the Future Roundabouts.* Upon execution of this Letter of Understanding, the Parties agree to work with the Town of Avon to amend or modify the Annexation Agreement to satisfy the aforementioned condition. In order to allow for construction of Segments 1-3 to occur next year, the Parties agree to the following: Eagle County will appropriate, upon approval by the Board of County Commissioners, $125,000 for this project; Traer Creek will appropriate, upon approval of its Board of Directors, $200,000 for this project to be funded in late September, 2003, subject to the satisfaction of the conditions set forth herein; Eagle-Vail will appropriate, upon approval of its Board of Directors, $175,000 to be funded in January, 2003. The County agrees that the maximum obligation of Traer Creek and Eagle-Vail as well as Eagle County are the amounts set forth above and that such parties shall not be deemed to owe their percentage for an amount greater than a total project cost of $500,000 unless an alternative agreement is entered into in writing by the parties. It is further acknowledged that if the total costs are less than $500,000, each party's share shall be reduced based on the percentage allocation set forth above. If the terms of this Letter of Understanding are consistent with your agreement and understanding, please indicate by signing below. The Parties acknowledge that a more formal agreement incorporating these terms will be prepared. If you have any questions, please contact us at (970) 328-8612. Sincerely, EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Michael L. Gallagher Chairman xc: Bill Efting, Town of Avon Manager Chrono/file * and the receipt of the consent of BNP Paribas to the amendment of the Annexation Agreement. 9f . .... CJ_U Letter of Understanding October 22, 2002 Page 3 ACCEPTABLE TO: ane Bo rt, esident RA C K M ROPOLITAN DISTRICT By: Walter Allen EAGLE-VAIL METROPOLITAN DISTRICT S t ?"i 5 y ' k ;. ke t yt t % ,-dj,`,?R r r ! 4 F r i? ? r 'S xwy i rt Eagle-Vail Pedestrian Improvements `.? E Beaver Creek Blvd (Nottingham Ranch Rd & Interchanges', (Proposed) (Under Construction) - u - - - r ' ?? w ?rr• ^ 9 x y 'r ` ` a J ?x".tar: `? u'`? w. `?r? { ? ..... _s.?_s?.__._.. b ? Village at Avon 16+`.? a n,?rn..; y Or?.wr „yn-; }pt?i, ti ? x t ay `"st' r 4,666 I: z Y,x 5?% z? a Segment 3A - __ Mini Eisenhower Tunnel la? Future Post Blvd. Roundabout N 1' = 2000' This map was produced by the Eagle County GIS Department. Use of this map should be for general puriroses only. Eagle County does not warrant the accuracy of the data contained herein. Map Revised. May Or 100 e.',p rojec tslvs s\t r n_corn m Is si c n_s et3. a p r 4 Y;j? 1 x ?r f L ¢ vti'?1Fj f V wf 1 ..T ^•'!tt' ) f".J k4z A C t4WE l V il i by Y, N! ag e- a 1/2 D amond V 1 (Bidding Underwav) a Segment 4 Segment 5 f Eagle-Vail >w. ti , •'S. 33 ? 77 a 'a,? ?,a;? jjjlj? I = Segment 3 ? r0 C ENGINEERING DEPARTMENT (970) 328-3560 FAX (970) 328-8789 TDD (970) 328-8797 November 13, 2002 Mr. Shane Bohart, President Board of Directors Traer Creek Metropolitan District 141 Union Boulevard, Suite 150 Lakewood, CO 80228 EAGLE COUNTY BUILDING P.O. Box 850 550 Broadway Eagle, Colorado 81631-0850 Mr. Walter Allen, President Board of Directors Eagle-Vail Metropolitan District P.O. Box 5660 Avon, CO 81620 Mr. Michael Gallagher, Chairman Eagle County Board of County Commissioners P.O. Box 850 Eagle, CO 81631 Re: Letter of Understanding Dear Messrs. Bohart, Allen, and Gallagher: Enclosed are a Letter, of Understanding signed by all parties and transmittal letters from McGeady Sisneros, PC, Attorney for Traer Creek Metropolitan District, and Eagle-Vail Metropolitan District. Both transmittal letters indicate changes that should be incorporated into the formal agreement. Diane Mauriello, Eagle County Attorney, and I will be working on the formal agreement incorporating all issues. If you have any questions, please call me at (970) 328-3560. Sincerely, EAGLE COUNTY ENGINEERING Helen Migchelbrink County Engineer xc: Am Menconi, Commissioner Tom Stone, Commissioner Diane Mauriello, County Attorney Jack Ingstad, County Administrator George Roussos, Assistant County Administrator Bill Efting, Town of Avon Chrono/file EAGLE COUNTY, COLORADO MGGEADY SISNEROS, R G. ATTORNEYS AT LAW 1675 BROADWAY, SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303) 592-4380 TELECOPIER: (303) 592-4385 MARYANN M. McGEADY DARLENE SISNEROS MARY JO DOUGHERTY JACQUELINE C. MURPHY MEGAN BECHER TIMOTHY A. KRUYER November 1, 2002 Helen Migchelbrink County Engineer Eagle County Building P.O. Box 850 Eagle, Colorado 81631-0850 V` Re: Letter of Understanding Dear Ms. Migchelbrink: SPECIAL COUNSEL KENNETH M. KOPROWICZ Enclosed, please find four (4) originals of the Letter of Understanding for the Eagle-Vail pedestrian improvements (the "Letter"). The Letter has been approved by the Traer Creek Metropolitan District. Please note that the bond documents related to the District's recent bond transaction require the District to obtain the consent of the Letter of Credit Provider before any changes are made to the Annexation and Development Agreement. As the process with the Town of Avon is undertaken as required by the Letter, the District plans to contact the Letter of Credit Provider regarding its consent. We have added language to the Letter to address this issue. Please have the other parties initial this change. Please contact me if you have any questions or concerns. Very truly yours, CGE S, P.C. Darlene isn ros DS Jkd Enclosures W:\Clients\435 Traer Creek\Corresp\migchelbrink lettter understanding. wpd TP, it _4&gIe-V&_A Metropolitan Dlstrla November 6, 2002 Migchelbrink Understanding for the Eagle- il Metropolitan District is o cooperate in this endeavor. Yhat over the time that this iinor concerns as follows: d most effectively, it will winter months. We would din2 the maintenance of to ultimately pay $1 ;rstanding that the fut Lid by Eagle-Vail out later determined that e Since this is just at the Letter of incorporate these items into the Thank you for all your assistance i Walter Allen, President developed. 3perty Uwners Association ng,of Eagle-Vail's share of this ie final agreement. stage, we believe it will be possible to nt as it is prepared. P.O. Box 5660, Avon, CO 81620 • Phone Number (970) 949-5400 • Fax Number (970) 949-0520 Web Address www.eagievail.org • E-Mail Address evmd@eaglevail.org Sincerely, R Memo Date: November 21, 2002 To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Tambi Katieb, Planner II, Community Development Re: Ordinance 02-22 Adopting the updated Official Zone District Map Summary: Staff has prepared an updated Zoning Map for adoption by Town Council. Sections 17.16.030 and 17.28.100 of the Zoning Code require that if changes are made to the zoning of property, such changes shall be entered on the Zoning Map. This map update reflects all ordinances, resolutions, rezonings, and annexations that changed the zoning of property in the Town since 2001 as well as technical corrections that were identified since the last update. On November 19, 2002 the Planning and Zoning Commission unanimously approved Planning and Zoning Commission Resolution 02-13 recommending approval of the Official Zone District Map. The draft map is displayed in the Council Chambers and in the Community Development Department. If you would like a copy please contact staff. Recommendation: Staff recommends the Town Council approve Ordinance 02-22, approving the updated Zoning Map on first reading. Town Manager Comments: Attachments: A. Ordinance 02-22 B. Planning and Zoning Resolution 02-13 F.•ICounci/IMEMOSI2002iOrd02-22ZoningMap 2002memo.doc TOWN OF AVON, COLORAD ORDINANCE NO. 02-22 SERIES OF 2002 AN ORDINANCE ADOPTING THE UPDATED ZONING MAP BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Council hereby adopts the updated Zoning Map, as required by Sections 17.16.030 and 17.28. 100 of the Avon Municipal Code, attached hereto as Exhibit A of this ordinance. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this day of , 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the day of 2002, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this _ day of , 2002. TOWN OF AVON, COLORADO: Mayor ATTEST: Town Clerk TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-14 SERIES OF 2002 A RESOLUTION ADOPTING THE 2002 UPDATED ZONING MAP WHEREAS, Section 17.16.030 and 17.28.100 require that any changes to the zoning of property by ordinance within the Town of Avon be entered on the Zoning Map; and WHEREAS, notice was properly posted for the zoning map update and the Planning and Zoning Commission reviewed the proposed map update at a regular Planning and Zoning Commission meeting NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby adopts the year 2002 updated Zoning Map for the Town of Avon as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and further recommends that the Town Council of the Town of Avon adopt the updated Zoning Map as the official Zoning Map for the Town of Avon as set forth in 17.16.030 of the Municipal Code. ADOPTED THIS 19th DAY OF NOVEMBER, 2002 Signed: Date: Chris Evans, Chair Attest: (.?lre?° ` Date: Z? /??v Z Michael McClinton, Secretary F:\Planning & Zoning Commission\Resolutions\2002\Res 02-14 Zoning Map update doc TOWN OF AVON, COLORADO RESOLUTION NO. 02-54, SERIES OF 2002 A RESOLUTION IN APPRECIATION OF TOWN MANAGER BILL EFTING WHEREAS, BILL EFTING was named Town Manager of the Town of Avon in 1997; and WHEREAS, BILL EFTING has served the Town of Avon with integrity and leadership; and WHEREAS, BILL EFTING has been an instrumental player in the local and statewide community, by participating on numerous boards and with numerous activities such as Organizing Committee for 1999 World Alpine Ski Championships, Organizing Committee for 2001 World Mountain Bike Championship, Colorado Municipal League, Colorado Association of Ski Towns, Colorado Association of City Managers, Norwest Colorado Council of Governments, Colorado Alliance for Rapid Transit; and, WHEREAS, BILL EFTING has provided his expertise and leadership in helping the Mayor and Town Council complete a number of community projects during his tenure, such as a $9 Million Public Works Facility, Five Round-a-bouts, Parks Maintenance Facility and Pumphouse, Annexation and Development of the Village (at Avon), More Affordable Housing, and the Redesign of East Avon; and, WHEREAS, BILL EFTING has professionally managed the Town's staff; and WHEREAS, BILL EFTING has resigned his position as Town Manager on the 26t" day of November, 2002; and WHEREAS, BILL EFTING'S presence and contributions to the Mayor and Town Council, staff and community of Avon will be missed. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, as follows: 1. The sincere thanks of the Mayor and Town Council and the residents of the Town of Avon are extended to BILL EFTING for his service to the Town of Avon. 2. This Resolution shall be spread at large in the minutes of the meeting and a certified copy shall be delivered to the said BILL EFTING. ADOPTED THIS 26TH DAY OF NOVEMBER 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Patty McKenny Town Clerk Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer?2/ Date: November 20, 2002 Re: The Village (at Avon) Water Rights Agreement, Water Rights Lease and Water Rights Sublease Summary: The attached Agreement with corresponding Water Lease (Exhibit C) and Water Sublease (Exhibit D) has been approved and executed by Traer Creek Metropolitan District, Eagle-Vail Metropolitan District and Upper Eagle Regional Water Authority. A letter from Traer Creek Metropolitan District clarifying water service to additional property as addressed in paragraph 1(a) of the Agreement is also attached along with a letter from Upper Eagle Regional Water Authority clarifying the transfer of additional storage as addressed in paragraph 1(a). These documents and letters have all been reviewed by the Town Staff, Town Attorney John Dunn and Water Attorney, Gary Greer. It is our belief that these documents in conjunction with the attached letters now conform to previous agreements and provide the necessary protection to the Town of Avon in it's commitment to provide water service to the Traer Creek Metropolitan District. Consequently, we recommend approval of the attached Agreement regarding water rights and water storage for water service to The Village (at Avon), the Water Lease (Exhibit C) and the Water Sublease (Exhibit D). Previous Council Action: The Town Council has previously approved a Lease and Sublease as well as a previous draft of the Agreement that would have accomplished the same actions. The previous documents approved by Council were not acceptable to either Traer Creek Metropolitan District or Upper Eagle Regional Water Authority. This draft in conjunction with the attached letters from Traer Creek Metropolitan District and Upper Eagle Regional Water Authority has addressed those concerns. IAEngineering\Avon Village\1.0 General\1.3 Water\P.greements\Agreement Memo 2002.Doe Recommendations: Approve Agreement, including Water Lease (Exhibit C) and Water Sublease (Exhibit D), between the Town of Avon, Eagle-Vail Metropolitan District, Upper Eagle Regional Water Authority and Traer Creek Metropolitan District regarding the provision of water rights and water storage as required to provide water service to the Traer Creek Metropolitan District. Proposed Motion: I make a motion to approve Agreement, including Water Lease (Exhibit C) and Water Sublease (Exhibit D), between the Town of Avon, Eagle- Vail Metropolitan District, Upper Eagle Regional Water Authority and Traer Creek Metropolitan District regarding the provision of water rights and water storage as required to provide water service to the Traer Creek Metropolitan District. Town Manager Comments: 1AEngineeringWvon Village\1.0 Generahl.3 Water\Agreements\Agreement Memo 2002.Doc 2 AGREEMENT This Agreement is made and entered into this 4th day of November, 2002, among the Eagle-Vail Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), Town of Avon, a Colorado municipal corporation ("Avon"), the Upper Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the State of Colorado (the "Authority"), and Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado ("Traer Creek District"). RECITALS A. Traer Creek LLC, a Colorado limited liability company is the owner of approximately 1,789 acres of land located in portions of Sections 7, 8, 9, 10 and 17, T. 5 S., R. 81 W., and Section 12, T. 5 S., R. 82 W., in Eagle County, Colorado (the "Property"). A description of the Property is attached hereto as Exhibit A. The Property was previously owned by EMD Limited Liability Company ("EMD LLC"), PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT NOTT III LLC; the PVRT NOTT I-III entities were merged into EMD LLC. EMD LLC transferred its interest in the Property to Traer Creek LLC. Traer Creek LLC is developing the Property. B. The District is a Colorado Special District duly operating pursuant to Section 32- 1-101, et seq., C.R.S., and provides water, fire protection, and recreational services to its residents, and by contract to properties outside of its boundaries. C. Avon is a Colorado municipal corporation empowered to provide water, fire protection, and recreational services to its residents, and by contract to properties outside of its boundaries. D. The Authority is a quasi-municipal corporation established pursuant to an Intergovernmental Agreement, dated September 18, 1984, by the District, along with the Arrowhead Metropolitan District, Avon as successor to Avon Metropolitan District, Beaver Creek Metropolitan District, Berry Creek Metropolitan District, and Edwards Metropolitan District. E. Eagle Park Reservoir is a water storage facility located in the headwaters of the East Fork of the Eagle River that is owned by the Eagle Park Reservoir Company (the "Reservoir Company"). Eagle Park Reservoir has a firm yield of 2013 acre feet that is allocated to the shareholders of the Reservoir Company based on one acre foot per ten shares of the Reservoir Company stock. The Authority acquired 3830 shares of the Reservoir Company stock or the equivalent of 383 acre feet of the Reservoir's 2013 acre feet of firm annual yield. 850 shares of the Reservoir Company stock, or the equivalent of 85 acre feet out of the Authority's 383 acre feet, are allocated to service the District's water requirements. fd742: F. EMD LLC, the District, and the Authority entered into a Water Service Agreement dated May 15, 1997 ("Service Agreement"). Section 7(b) of the Service Agreement granted EMD LLC an option (the "Option") to pay for an amount of Reservoir Company stock from the District's allocated share sufficient to yield 30 acre feet. This stock is to remain in the ownership of the Authority, but be used to provide water service to the Property. G. By letter dated December 1, 1998, EMD LLC, received formal notice that "the Reservoir Company had acquired Eagle Park Reservoir and that the acquisition price per foot of Eagle Park Reservoir yield is $5,787.40 plus accrued interest at the rate of 5.45% per annum commencing on September 16, 1998." The Authority financed the acquisition of the Reservoir Company stock with a loan (the "Loan") from the Colorado Water Conservation Board ("CWCB"). H. By letter dated May 11, 1999, EMD LLC gave written notice of EMD LLC's exercise of the Option under the terms of Section 7(b) of the Service Agreement. 1. EMD LLC, the District, Avon, and the Authority entered into the First Amendment to Water Service and Tap Fee Allocation Agreement dated June 22, 1999 (the "Amendment"). Section 2(B) of the Amendment substituted Avon for the District with respect to certain aspects of the Service Agreement. Section 2(H) of the amendment amended paragraph 2(b) of the Service Agreement to provide for the lease from EMD LLC to Avon of sufficient water rights to serve the Property as ultimately determined by the Water Court, and that Avon was to sublease such water rights to the Authority. J. Section 10 of the Service Agreement provided that in the event EMD LLC elects to obtain water and fire protection service for an additional 175.5 acres of land adjacent to the Property as described in Exhibit B (the "Additional Property"), the District agreed to provide such service upon 60 days written notice and satisfaction of other terms and conditions. Section 2(M) of the Amendment acknowledged that the water rights application filed in Case No. 97CW306 did not include the Additional Property. To the extent water service is desired for the Additional Property, additional water rights will have to be dedicated to Avon and the Authority and a new augmentation plan will need to be adjudicated to replace depletions associated with the Additional Property. Section 2(0) of the Amendment revised the terms and contingency for water or fire protection service to the Additional Property in the event that EMD LLC elects to obtain such service in accordance with the provisions of paragraph 6 below which require the furnishing of additional water rights to serve the Additional Property. K. EMD LLC's rights. duties and obligations under the Option, Service Agreement and Amendment were assigned to Traer Creek LLC, pursuant to that certain Assignment and Assumption of Water Service Agreement and Related Water Rights dated November 29, 2001. L. Traer Creek LLC`s rights. duties and obligations under the Option, Service Agreement and Amendment were assigned to Traer Creek District; pursuant to that certain Assignment and Assumption of Water Service Agreement and Related Water Rights dated November 29, 2001. fd742: -2- M. The parties desire to implement the closing of the exercise of the Option, provide for water service to Traer Creek District hereunder, and the lease of water rights to Avon to implement such water service. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, the sufficiency of which are mutually acknowledged, the District, Avon, the Authority and Traer Creek District agree as follows. Augmentation Water. (a) Augmentation Water. Traer Creek District agrees to pay an amount equal to the cost of 300 shares of Class A. Series 2 Reservoir Company stock that provides 30 acre feet of yield from Eagle Park Reservoir for augmentation use in connection with the Property (the "Augmentation Water"). Upon the payment prescribed herein, the Augmentation Water shall be used to provide Water Service to the Property. In the event that any of the 300 shares of stock are not needed to provide Augmentation Water for the Property, or any enlargements as set forth below in a given year, those remaining shares not used shall be available to the Authority for other uses, including the Additional Property, subject to the Authority's sole discretion. Traer Creek District shall also be permitted an enlargement of the properties which are covered by the Service Agreement. Such enlargement may include up to twenty (20) additional acres. Requests for further enlargements will be considered in good faith and are subject to a demonstration that adequate water rights exist to service the requested expansion and that such water rights will be conveyed to Avon for lease to the Authority; provided, however, that any additional Wolford Mountain Reservoir, Eagle Park Reservoir or other similar storage water will be provided directly to the Authority. (b) Shareholder Rights. Notwithstanding anything contained herein to the contrary, the Authority shall remain the record titleholder of the 300 shares of Class A, Series 2 Reservoir Company stock and retains all shareholder rights. Moreover, this Agreement does not require the Authority to consult with Traer Creek District regarding management decisions of the stock, and does not create obligations to notice Traer Creek District about Reservoir Company meetings and elections. In the event that the Authority is terminated, ceases to exist at some future date or for any reason distributes the Class A, Series 2 Reservoir Company stock to its members, the 300 shares of Class A, Series 2 Reservoir Company stock shall be transferred to Avon free and clear of all liens and encumbrances in order for Avon to be able to use the Augmentation Water for the Property. In the event that the Authority transfers its 300 shares to Avon as stated above and Avon permanently ceases to provide water service to the Property, then the 300 shares of Class A, Series Reservoir Company Stock shall be transferred to Traer Creek District free and clear of all liens and encumbrances. (c) Price. The Option provided that the purchase price shall be on a per acre foot basis, equal to the Authority's acquisition price of stock in the Reservoir Company, and that the acquisition cost shall include the costs of all of the Authority's professional fees incun-ed iF; acquiring Eagle Park Reservoir and developing yield for this reservoir. Pursuant to these terms. the purchase price shall consist of: (l) 5173.622.00 for the per acre foot basis given 300 share fd742 at the cost per acre foot of $5,787.40; (2) $13,683.00 for Traer Creek District's proportion of professional fees incurred in acquiring Eagle Park Reservoir and developing yield for Eagle Park Reservoir; and (3) $3,885.00 in accrued interest calculated on the first payment of $11,880.23 at the rate of 5.45% per annum commencing on September 16, 1999, and extending through the date of this Agreement, interest calculated on the second payment of $11,880.23 at the rate of 5.45% per annum commencing on September 16, 2000, and extending through the date of this Agreement, interest calculated on the third payment of $11,880.23 at the rate of 5.45% per annum commencing on September 16, 2001, and extending through the date of this Agreement and also interest calculated on the fourth payment of $11,880.23 at the rate of 5.45% per annum commencing on September 16, 2002, and extending through the date of this Agreement. (d) Payment. The payment of the purchase price shall be made to the Authority as follows: (1) On or before November 15, 2002, the sum of $65,088, consisting of $13,683.00 for Traer Creek District's proportion of professional fees, $3,885.00 for accrued interest and $47,520.00 for Traer Creek District's portion of the first, second, third and fourth principal and interest payments paid to the CWCB by the Authority. The accrued interest above will accomplish the appropriate adjustment to the original Amortization Schedule caused by the first; second, third and fourth payments not being made as shown; and (2) On or before September 15 of each year for the life of the Loan; Traer Creek District shall tender payment to the Authority in the amount of $11,880.23, representing Traer Creek District's proportionate payment of principal and interest due CWCB. 2. Representations and Warranties. (a) Traer Creek District represents and warrants to the Authority, the District and Avon as follows: (1) Traer Creek District has the full right and capacity to enter into this Agreement. (2) This Agreement will not conflict with or result in a breach of any agreement or instrument by which Traer Creek District is bound, and such grant is not prohibited by, nor will it constitute a violation of, any applicable law, rule, regulation, judgment, court order or decree: (3) The terms hereof constitute a valid, binding and enforceable obligation of Traer Creek District. (4) EMD LLC and Traer Creek LLC have no interest in the Option. ra742: -4 (5) Traer Creek District is the owner of the Water Rights leased under paragraph 6 and the attached Water Lease and shall provide evidence of such ownership acceptable to the Authority. (b) The Authority represents and warrants to Traer Creek District, the District and Avon as follows: (1) The Authority is the current owner of 3830 shares of Reservoir Company stock, subject to the terms and conditions of various documents by which the Authority financed the acquisition of its shares of stock; (2) The Authority has the full right and capacity to enter into this Agreement; (3) The Authority's entering into this Agreement will not conflict with or result in a breach of any agreement or instrument by which the Authority is bound, and is not prohibited by, nor will it constitute a violation of, any applicable law, rule, regulation, judgment, court order or decree; (4) The terms hereof constitute a valid, binding and enforceable obligation of the Authority. (c) The District and Avon represent and warrant to Traer Creek District and the Authority as follows: (1) The District and Avon have the full right and capacity to enter into this Agreement; (2) Entering into this Agreement by the District and Avon will not conflict with or result in a breach of any agreement or instrument by which the District and Avon are bound, and is not prohibited by, nor will it constitute a violation of, any applicable law, rule, regulation, judgment, court order or decree. (3) The terms hereof constitute a valid, binding and enforceable obligation of the District and Avon. _5- fd742 3. Default. (a) Traer Creek District. It is an event of default by Traer Creek District or its successors and assigns, as the case may be, if (1) Payment of the amounts payable under this Agreement by Traer Creek District are not made when due. Default will not occur until Avon or the Authority shall have given Traer Creek District thirty (30) days' written notice with the opportunity during such time to cure the default; (2) Traer Creek District defaults in the performance or observation of any other covenants, agreements, or conditions on the part of Traer Creek District in this Agreement or the Service Agreement. Default will not occur until Avon or the Authority shall have given Traer Creek District thirty (30) days' written notice with the opportunity during such time to cure the default; or (3) Traer Creek District is dissolved and this Agreement is not assigned in accordance with Section 5 of this Agreement. (b) District. It is an event of default by the District if the District fails or defaults in the performance or observation of the covenants, agreements, or conditions, or any of them, on the part of the District under this Agreement, the Service Agreement or the Amendment. Default will not occur until Traer Creek District shall have given the District thirty (30) days' written notice and the District is given the opportunity during such time to cure the default. (c) Avon. It is an event of default by Avon if Avon fails or defaults in the performance or observation of the covenants, agreements, or conditions, or any of them, on the part of Avon under this Agreement, the Service Agreement or the Amendment. Default will not occur until Traer Creek District shall have given Avon thirty (30) days' written notice and Avon is given the opportunity during such time to cure the default, except when such default is for the failure to provide water hereunder. (d) Authority. It is an event of default by the Authority if the Authority fails or defaults in the performance or observation of the covenants, agreements, or conditions, or any of them, on the part of the Authority under this Agreement, the Service Agreement or the Amendment. Default will not occur until Traer Creek District shall have given the Authority thirty (30) days' written notice and the Authority is given the opportunity during such time to cure the default, except when such default is for the failure to provide water hereunder. 4. Remedies Upon Default. Upon the occurrence and continuance of an event of default. the nondefaulting party shall be entitled to enforce the provisions of this Agreement in law or in equity, and relief in the nature of specific performance or damages or both may be awarded. subject to the provisions of the laws of the State of Colorado. Alternatively, in the event of a default by Traer Creek District then the Authority and Avon may terminate 'Water fd742: -? Service to the Property until Traer Creek District shall have cured said default. The prevailing party in any legal or administrative action shall be entitled to the recovery of its costs and expenses of such action, including without limitation, reasonable attorneys' fees. 5. Assignment. Traer Creek District may assign its rights under this Agreement to any affiliates, successors, or to a subsequent special district formed, in whole or in part, for the purpose of holding, owning or operating its water system for the Property pursuant to the terms herein, so long as notice and copies of relevant documentation of the assignment are provided to the District, Avon and the Authority. The District, Avon and Authority may also assign their rights hereunder including, without limitation, any assignment in connection with the future consolidation and Traer Creek District agrees to cooperate with respect to the same. 6. Lease of Water Rights. Concurrent with the execution of this Agreement, Traer Creek District agrees to execute the Water Lease attached hereto as Exhibit C, and Avon shall execute the Sublease to the Authority attached hereto as Exhibit D. The Water Lease is intended to provide sufficient water rights to serve the Property. In the event EMD LLC or Traer Creek District elects to obtain water service for the Additional Property, EMD LLC or Traer Creek District shall be obligated to furnish additional water rights to the Authority to serve the Additional Property. 7. Additional Storage Water. The parties agree that the Traer Creek District needs to secure an additional 9.8 acre feet of storage water from Wolford Mountain Reservoir, Nottingham Reservoir, or another storage facility acceptable to the Authority (the "Additional Storage Water") to provide sufficient water rights to serve the Property. In addition, unless Nottingham Reservoir water is provided, the augmentation plan decreed in Water Division No. 5 Case No. 97CW306 (the "Augmentation Plan") needs to be amended to include the Additional Storage Water. Traer Creek District agrees to secure, prepay the cost of, and lease to Avon who will in turn, sublease to the Authority the Additional Storage Water within 3 months of the date of this Agreement. Thereafter. the Authority shall use its best efforts to amend the Augmentation Plan, if necessary. to include the Additional Storage Water as an additional source of augmentation water. Traer Creek District shall promptly reimburse the Authority for all costs and fees (including legal, engineering and court fees) incurred by the Authority in securing such an amendment. The parties recognize. acknowledge and agree that Nottingham Reservoir will be emptied for maintenance and repairs in late 2002 or early 2003, and the emptying of such reservoir shall not constitute a default or breach under this Agreement or the Water Lease or Sublease provided for in paragraph 6 above. 8. Miscellaneous. (a) Illegality. Invalidity. Unenforceability and Impossibility. If any provision of this Agreement shall prove to be illegal. invalid. unenforceable or impossible to perform. the remainder of this agreement shall not be affected thereby. and in lieu of each provision of this Agreement that is illegal. invalid. unenforceable or impossible to perform. there shall be added as pan of this Agreement a provision as similar in terms to such illegal. invalid. unenforceable or ra742 = -i impossible provision as may be possible and or legal, valid, enforceable and capable of performance. (b) Amendments. This Agreement may not be amended nor any rights hereunder waived except by an instrument in writing signed by the parties sought to be charged with such amendment or waiver. (c) Governing Law and Venue. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Colorado. The forum for resolution of any and all disputes arising hereunder shall be the District Court in and for Eagle County, State of Colorado. (d) Paragraph headings. The paragraph headings herein are inserted for convenience of reference only and do not define, limit or prescribe the scope of this Agreement or any exhibit attached hereto. (e) Term. The term of this Agreement is perpetual. (f) Proper Authority. The parties represent and warrant that they have taken all actions required and secured the necessary approvals to enter into this Agreement. (g) Further Execution of Necessary Documents. The parties agree to execute such additional documents as may be reasonably required to implement the terms of this Agreement. (h) Water Rights Conveyance. Nothing contained in this Agreement shall modify the obligation of Traer Creek District pursuant to the Rules and Regulations of the Authority, and the Amended and Restated Service Contract dated January 1, 1998, between the Authority and Avon, as it may be amended, to convey to Avon the water rights which are the subject of the Water Lease.Such conveyance to Avon shall occur within 30 days of notice given by the Authority to Avon and the Traer Creek District. Upon such conveyance the sublease from Avon to the Authority shall be converted into a lease. (1) CounteiTart. This Agreement and all attachments hereto may be executed in counterparts. fd74?= -? EXECUTED as of the date set forth above. EAGLE-VAIL METROPOLITAN DISTRICT, a quasi-municipal corporation of the State of Colorado By: Name: L.7E ? ?LGN Title: b C 7-- TOWN OF AVON, a Colorado municipal corporation By:_ Name: Title: TRAER CREEK METROPOLITAN DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado By: Name: aK.? -pry, UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi-municipal corporation of the State of Colorado By: !2 Z;?-o .3 Name: C? PY N . -? Title: 1•'r c-C - 10'e&- A) i fd742? -9- STATE OF COLORADO ) ) ss. COUNTY OF E196-t-t ) The foregoing instrument was acknowledged before me this day of /V 0 U E-l')jt3 6 fie, 2002, by W qL7-6k /- « C-n/ as President of the Eagle-Vail Metropolitan District, a quasi-municipal corporation of the State of Colorado. Witness my hand and official seal. N t Public TRU, My commission expires: : 00 % FOG STATE OF COLORADO ) MY COMMISSION EXPIRES MAY 16, 2008 j ss. - COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2002, by as of the Town of Avon, a quasi-municipal corporation of the State of Colorado. Witness my hand and official seal. fd742 -- _10- STATE OF COLORADO ) ss. COUNTY OF G q &L L ) The foregoing instrument was acknowledged before me this )3- day of NoV&MAHIP-, 2002, by E;HA&;E /3c lA,,er as President of the Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. N((alyPublic g;TRukF ??JJ TA?0 :?o q i:n My commission expires: Nom': r O l.?G: PP OF GOV STATE OF COLORADO ) MY COMMISSION EXPIRES MAY 16, 2006 ) SS. COUNTY OF C ki C-4- C ) -tklL The foregoing instrument was acknowledged before me this a day of C??I EF g C ?, 2002, by Gig sE:? r ci V)7A C, / s -S,t (-u of the Upper Eagle Regional Water Authority, a quasi-municipal corporation of the State of Colorado. Witness my hand and official seal. N t Public My commission expires: C?6v MY COMMISSION EXPIRES MAY 16, 2006 ra7az? EXHIBIT A THE PROPERTY DESCRj_ TlorJ ^h a- = z_t of the E 1/2 of Section 12, Tcw*:s'_in 5 Scut -, Recce e2 West_ Cf the ci:cth P_ -nciLal ??Ierid_an Ezc2 e Cow'lt} , Coiore zcc?_c_ZC tc tre Lere-de^t Resu=, eV ' F ::d SC_"vEv of sale. :Cv:.sh• ?. :.ZCe. aCCE: tEC ceLtE^r^ei !, IG77 ?v_ th met ett Of the Zr.-. CC FC E ' or c.^_C ?!c :2CE=E:?? == Y?cSL' ? + } i=c;c. D.C. LoceLhe_ u- ?s cf Sectiers 7, F, ° b 17, lc;;mshir 5 ccLtr, Rance F1 We SL of Lxt.t EEC-le CCLP.t'r, COlo,cdc, ECCcrd,nc to the Dec L};e =e=L:: E_T cI z? G Tcwn.Ehip 2:^_L' FEnCE +-+ _ En dE ?L the i r _accrzeLEO 1HG?e!'i.:er 1, 2S43 h_ G- ± -he 1ntEr__cr CEne_cl -.and Office in j''iash;s?oII, D.C., eeSc:;leE as a WiOle as Sollews: - Eec_5-nirc at tre ?IC h?'ESt ccrme' Ci sc [ ?eCt?OII 7; thE;:CE 21Ci the ncrrfe_.v 2;.t-.e of raid Secticn 7, NEE'49'24"E 2791.46 c feet to the NC h 1/4 Cc::lE!' Of said `ectzcr: 7; thence, QEraj* C t S nc_?iE_1ti lire, z!GLc the Easterly 1i,. Cf the NW 2/4 O Sect_cri i, X00' 1? ' 11"P ?E?1.00 fEot .t, of. said to the ZC herly richt-of-key 1_ne of ?nte_state Fic?:way No. 70, as ceecrihed im the d e e zecc_Ced ?^ `Cck 22_ 2t PaC'E 9E2 C in the cf__f ice of the Eacle Corot Cc2 c_ zdc, C1 cTk enC Fiecorcer; thence, a1 cnc Said ncrtrerl _ y' y ri aht- cf-•?av l??]e, SES'28'S5°E 196.48 feet, to tre northerly line of the SP 1%4 of said Section 7; thence, alenc said northerly line NE9'50'40"E 2572.71 feet, to the West 1/4 corner of said Section E; thence, E2 cnc • the westE-r1y. line of EEid Section 8, N00'10'S?,^A 2758.19 feet tc t-he Nertht;est comer cf sad Section 8; thecae, E2cne the northerly lime of said Section E, NEE-40141"E 2738.98 feet, to the North 1/4 ccrnEr of said Secticn 8; thence, centimuinc zlcnc said northerly line, N88'42'S8"E E50.00 feet; thence, de?at? nc said northerly line, _56.30' 00"E 1174. E2 feet; thence S17'3F'30"E 159:.20 feet; thence 527'?9'_0"W 2111.59 feet; thence Scuth 6°9.9_ feet; thence East 2595.5-, feet, to the easterly line of the SW 1/4 Sri 1/4 cf Ezid : ecti cn 9; thence, along said easterly 1;_^_e S01'=5' 13'?'f EOM. -A f Eet, to the SouthEEst corner of said SW 1/4 SW 1/4; thence, elcne the southerly 2i*,e of said Section S NE9'_5'04"W 1371.9E feet to the Scut tj , h;.e_' cC_7:ET _ of said Section 9; thence, alone the ezsterlV line of said Section 27, 501'41'49"E 170.00 feet, to the center?ine of the Ezcle F- ver; thence the f01!C?;'_LG fG;= CCL''EES cIOnc Said CE:aeZ'1;^O (211u? 20uCe?' NES-24-45-W 1057.90 feet; (2) N8E'07145"W 472.00 feet; (3? NE9029'49"W =3E.00 feet; (4) SE2.52111^W 595.?= feet, to the westerly line of the NE 1/4 of said Section 17; thence, zlcnc said westerly lire, N00'20"5iW 227.74 feet., to the Ncrth 1/4 c02ner of Eald Secticn 1; thence, z2ona the nC:the_'ly line of Said CeCtlOn 17, S29.23'_E^p 's_1E,E? feet, to tr,e Ec Ith.est corner of the SE 1/4 cp 2/4 Of Szid Eect_'Gn E; thEncE, a1ei2c the westerly line of said S? 2/4 SE 1/4, N00'52'07.,'E 1?OE.90 fee:, to the Sr 1/1E cc?-r,er cf said Secticn E; thence, alcnc the EeLt;,erly line of the Ziji 1/4 Sr 1/4 of sz1 d Eect 2 en E, NEc154'54 "W _` E f eet, to the CE 1/lE core: of said Sect: cn E; thence, al aria the ; cLthErly 1 ire of the NE 1/4 SW 1/4 of 1L;d Secticn E, ?a8c•:F'_?"?; :-EE.4E feet, to the SW 1/16 corner o. :zid Secticn E; thF?sCE, Marra the ep tErly IinE c: the SW 1/4 5 1/4 cf saic Sectien E, E00'G1'Si"E 1:7E.OF feet tc the. ScutheaSt ccrre7 of szid SW 1/4 Sii 1/4j thence, alma the southerly line of sa_d Secticn 8, N89'32'28"W 529.28 feet, to the northerly right-ef-way line of the Denver and Rio Grande Western Reilrcad; the :ce the following ten courses j r along said northerly r;Ch..-o?-way line: (1) 132.91 feet al one the ere of a cusp; a to the right, having a rzc=us of 2033.48 feet, an irate=al a_*icle of 03'44'42", ar_c a chord that beers N70.30'09"W 132.P9 fe-t• (2) N6F'37'4E"W 527.8E feet; 231.12 feet ?lone the erg o_ z C11_-ve to the left, having a radios of 5779.70 feet, an internal angle 02017'28", anal a chord that bees N6944E132"W 231.09 eet' • (e) 800' 14' 31"? 21.20 feet 1242.50 '? (5) fee? along the arc of a curve tc t.h•e left, ha?inc a rad1L's ei 5759.70 feet, an Interza.l a.'lgle a- 11021155" z there znc that hears N761321 G2"Yi 2240.63 fee?.; 6 N52' ? 3' 00"W !236.E_% feet; (7) 54E.06 feet alesc the arc of z , to the zicht, hcTi__Q a I2C' LS of 2 E80. 00 feet an icurve rat er nei encl a ory 16942'10", ant a chore that bEc7s N73-9511!5"W 546.11 feet; (e) N00'12123"'R 22.04 feet; (9) 2E.04 feet zlcnc the a_Te of a cus-?e to the right, having a radius of 1560.00 feet, an internal arcle of 00051'500, and a chord that h)EETE N64.47'S5"W 28.04 fEet; (10) N64' 22'00"W 377.10 feet; thence, departing said northerly right-cf- way 15ne, 525038'00"Yi 100.00 feet, tc the southerly right-cf-„ay 1:ne of the Denver end Rio Grz_:-.de Neste-n Rzilrced, also beine on the exist.ine Tcwn of Avcn Foundary; thence, a2 eng said southerly ri cht-cf-way line and existing Tcwn of Avon Fenncaz-y the following three gausses O one the northerly line of the parcel annexed to the Tcc.*n of Avcn- by'Ord ance 86-20: (1) N64"22' 00"W 2064.00 feet, (2) 968.59 feet E.1enc the arc of a c-..rve to the left, hating a radios of 34=27.50 feet, an interval anele of 01'--7100", and a cbczd -,hat begs N65'10'30"W Q6E.56 feet; (3) N65'S9'00"W 527.60 feet; thence, ccnti^uiac alone said southerly right-ef-way 15.ne and existing Town of Avon PZ=6.a_~ the f o11 cwinc course al cne the northerly line of the pzscel e.Mnexed to the Tows of Avcn by Ordinance 81-38, N6558'OE "W 677. ES feet; thence, departing said seuthezly right-of- wav l ine and centinu.inc a1 ene the bonndzs-? of the parcel annexed to the Town of Avon by OTdiLznce E1-3E, N24001'52"E 100.00 feet, to the ncrthe_ ly ri cht-ef -way 1 ine of the Denvez and Rio Grande Western Railrczd and the Southeast ccrnez of Lot 22, Pench=Xk at Fezver Creek; thence, depzz-tinc said northerly rich't-of-way line and continLinc alenc the existing Tok-n of Avon boundary the following two gooses along the- easterly line of the pzscel originally inccrpcrated as the Town of Avcn as defined in Ordinance 7E-9: (1) N18'59'4 0"E °95.09 feet; (2) a czlcUlated distance and ben 5nc of ?i2:'85'02"W 26E.23 feet (record disI and bearino of N,25020 1039W 235.72 feet), to the southerly line of the NE 1/4 NE 1/4 of said Section 12; thence, alone said southerly line and existing Tcwn of Avcn FoLnca_U the fellcwi.nc course along the southerly line of the parcel aarexed to the • Town of Avon by O7di Agate 81-201 a calculated c_s range and bearing of SE9'58'41"F 1152.31 feet (record distance and bearing of SE5'57'07"E 1184.14 feet), to the westerly line of said Section 7; thence, aieng said westerly line end existing Tewn cf Avon bcundarv the folic'.-Inc CCL,rse zlcne the easterly fine cf the parcels znnexed to the Town of _von by OTdinance 81-20 sd Ord?r?znce 81-34, mc3sured distance ante hearine of N00'll'17"W 2321.54 feet (record distance and bep r; nc of N00' 10' 14 "W 660.82 feet per Ordinance E1-20 and record distance z^d bea..Tinc cf N00'10114"W 660.83 per Ordinance 83-34), to the point cf heci..nning, containing 967.07 acres, more or less, EXCFpTING .T"'2ROM the few eaeing parcel _cescrintien all pcrticr_s df tr,e desc_ibed proteriv that constitute the Izte_state Eichway Nc. 70 Richt-of-hay and the Denver Rio G_a^de Westezn Railroad Rich;-cf- Way, which perticns contain 99.24 acres, =ere cr less. The net zrec of the Fa=cet he; nc included in this a=?,??saticn .s 867.F3 acres acre or less. PP RCEL DES CR22TI ON That Part of Secti czs E, 9 & 10, Township 5 South, Rance 81 West of the Sixth Principal, Eacle Ceusty, Colerade, accordinc to the Dependent Restrvev of said Township and Rance, accepted Noienhes 1 1 143 by the Detz_ tzment of the Interior Cene_zl rand Office in 'r7ashinctcn, D.C., ce:c_i^ed as follows: beci mine at the Ne?h 2/4 ochre- of slid Section 8; thence alonc the ncrt-herly line c. said Section e, N88.4215E"E E50.00 feet, to the True Point of Fecinninc; thence, continuing alcnc said nethe_ly lime, NEE',2'SE"E 1520.72 feet, to the 2?orthwest cone= of said Section 5; t}e_ce, alenc the nc-:he_?y l;--e of said Section .. 91 NE3'29':50"E 2773.27 feet, to the ?loth 1/4 carne: of said Secti on 9; thence, continuing 21 one said ncrthelry line NE-2624'12"E 2772.60 feet, to the Northwest cues of said Section 10; thence, zlcnc . the northerly line of said Section 10, Ns6'29124"E 2681.23 feet; thence, deL2ltine said northerly line, 501'34'07"W 2E°5.66 feet, to southerly line of the BE 1/4 NW 1/4 of said Section 10; thence, zl eng the southerly line of said BE 1/4 NW 1/4, 586.32'2:."A 2304.06 feet, to the Center West 1/16 corner of said Section 10; thence, alenc the easterly line of the NW '1/4 SW 1/4 of sa=d Section 10, SO1'-2'50"W 1349.?3 feet, to the Southwest 1/16 termer of said Section 30;.-thence, alenc the southerly line cf said NW 1/4" SW 1/4, S86'32147"W 1384.91- f,Eet, to the South 1/16 corner of said Sections 9 S .10; thence, along the scutherly line c:f the NE 1/4 SE 1/4. of said Section 9, S77'10115"W 1413.37 feet, to the Southeast 1/16 ccrmer cf said Section 9; thence, along the easterly line of the SW 1/4 BE 1/4 of Enid Sectien.9, 501033102"R 1475.32 feet, to the East 1/16 corner of said Section 9 and section 16 of said Tok-,-ship 5 South, Ranee 81 West of the Sixth Principal ymridiam; thence, c-:lcnc• the southezly line of said SW 1/4 SE 1/4, 572'20'31"W 1450.43 feet, to the South 1/4 corner of said Section 9; thence, alcnc the ' weste_Tly line of Said SW 1/4 BE 114, N01'34'18"E 1601.52 feet, to the Center South 1/16 corner of said Section 9; thence, z? one the southerly lime of the NE 1/4 SW 1/4 of Eaid Sectscn 9, 568' 07'30"W' 3378.19 feet, to the Southwest 1/16 corner of said Section 9; thence, *21eng the 'easterly line of the SW 1/4 SW 1/4 of said Section 9, ,S01*33"B"W 903.02 feet, to the exi_stinc Town of Avon Feundzsy; thence, departing said easterly line, the folsewirc five courses zlenc said existing Town of Avon Eci:ndary: (3) West 2595.53 feet; (2) North E99.93 feet; (3) N27'29'30"E 2321.9 feet; (4) N27-38-30"W 1`93.20 feet; (5) N56' 30' 00"W 1274.62 feet,' to the True Paint of Becinn; ng, ccntalLimg 922.16 acres, more or less. EXHIBIT B THE 1MDITIONAL PROPERTY F;,RCEL DESCRIPTION Tbcee.Fez's of the N 1/2 'of Section 10; Tcwnship 5 South, Rance 81 Treat of the Sixth FrinciFal Me_?C!izn, Pacle County, Colorado, zcccrc_-.e to the Dependent f,eELI-vey of =aid Tcuaahip rnd R=c-e,' accepted Ncti?er 1, 194= by the DeFaz-`zent of the Interior General Land' Office in WFzh,incten, D.C., cescribed as a whole as follows: bee:=:mc of the Ncr'theast cc_nez of said Section 10; thence'tbe follcwira tvd ccLT_ea along the eEEterly 3_rre.of maid Section 10: (1) 501'37'01"R 1:47.04 feet, to the N 1/16 cor=e= of maid Seet.ioa 10 and Section 11 of mud Tcr.?s}?ip and PLmce; (2) 501'37' 01 "R 1=47.04 feet,-to the 1/4 ccr.jer of stead Sectlenz 10 and al; t.bence the folk ine three cot: es a1cng the east-west centerline of said Secticn 10: (1) .566.3s'23"F 1381.61 feet, to the CM 1/16 corner of said Secticn' SD; (2) SEV-%V23"N 1351.62 feet, to the C 1/4 ceraes of ma d' Section 10; •(3) Sb6'32'23"A E1.37 feet; thence, depazting said east-rest centerline., NO1'34'07"E 2E99.66 feet, to, the northerly Sine of Section 10; thence the following three' ' tenses al cne the northerly 3IDe of slid Section 1-0: (1) NE6'•?9124'P E1.35 fEet, to the 1/4 termer of. said Section 10 and Secticn 3 of Esid Tr-,.-Tr-hip and Rznee; (2) NE& :_9'20"E 1362.52 feet, to the E 1/16 termer of said Sectscnz '10 and 3; (3) N86'39'20"B 33f2-.51 feet; to the Perot of Lec;nning. Exhibit C WATER LEASE This Water Lease ("Lease") is entered into this 4th day of November, 2002, between Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado ("Traer Creek District") and the Town of Avon, a Colorado municipal corporation ("Avon"). Recitals Whereas, EMD Limited Liability Company, a Colorado limited liability company ("EMD LLC"), the Authority, and the Eagle-Vail Metropolitan District (the "District") entered into a Water Service Agreement dated May 15, 1997 ("Service Agreement"). Paragraph 2(b) provided that EMD LLC agreed to lease specified water rights to the Authority as a condition for water service to 1,789 acres of land owned by EMD LLC as described in the attached Exhibit 1 (the "Property"). EMD LLC thereafter transferred its interest in the Property to Traer Creek LLC. Whereas, EMD LLC, the District, Town of Avon, a Colorado municipal corporation ("Avon"), and the Authority entered into the First Amendment to Water Service and Tap Fee Allocation Agreement dated June 22, 1999 (the "Amendment"). Section 2(B) of the Amendment substituted Avon for the District. Section 2(H) of the Amendment amended the lease provision in paragraph 2(b) of the Service Agreement whereby EMD LLC agreed to lease without cost to Avon for sublease without cost to the Authority the portion of water rights sufficient to replace the consumptive use associated with the development of the Property as ultimately decreed by the Water Court. Whereas, certain of EMD LLC's rights, duties and obligations under the Service Agreement and Amendment were assigned to Traer Creek LLC, pursuant to that certain Assignment and Assumption of Water Service Agreement and Related Water Rights dated November 29, 2001. Whereas, certain of Traer Creek LLC's rights, duties and obligations under the Service Agreement and Amendment were assigned to Traer Creek District pursuant to that certain Assignment and Assumption of Water Service Agreement and Related Water Rights dated November 29, 2001. Whereas. certain water and water rights, ditch and ditch rights, consumptive use credits, and reservoirs and storage rights were transferred by Quit Claim Deeds from EMD LLC to Traer Creek LLC. and from Traer Creek LLC to Traer Creek District. ?Nhhereas. the Authority. the District. Avon and Traer Creek District entered into an Agreement dated November 4. 2002 ("2002 Agreement"). Section 6 of the 2002 Agreement provides that 7 raer Creek District shall lease to Avon the Nvater rights that are the subject of this fd742_ -1 - Lease, and that such lease to Avon shall substitute for and satisfy the obligations of Sections 2(B) and 2(H) of the Amendment. AGREEMENT Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Lease. Traer Creek District hereby leases to Avon all of Traer Creek District's right, title and/or interests (beneficial or other interests) in and to the following (collectively, the "Leased Water Rights"): (a) the water rights described in Exhibit 2 identified under the column heading Amount Leased; together with all associated rights and benefits of the plan for augmentation and exchange decreed by the District Court in and for Water Division No. 5 in Case No. 97CW306 (the "Augmentation Plan"), together with all associated changes of water rights decreed therein related to the Amount Leased; provided, however, that no storage rights or facilities other than the Additional Storage Water is leased hereunder. (b) the historic consumptive use credits dedicated to the Augmentation Plan and described in the attached Exhibit 3; (c) an additional 9.8 acre feet of storage water from Wolford Mountain Reservoir, Nottingham Reservoir, or another storage facility acceptable to Avon and the Authority ("the Additional Storage Water") to provide sufficient water rights to serve the Property. In addition, unless Nottingham Reservoir water is provided, the Augmentation Plan needs to be amended to include the Additional Storage Water. Traer Creek District agrees to secure, pay the cost of, and lease to Avon for subsequent sublease to the Authority, the Additional Storage Water within 3 months of the date of this Lease. Thereafter, the Authority shall use its best efforts to amend the Augmentation Plan, if necessary, to include the Additional Storage Water as an additional source of augmentation water. Traer Creek District shall promptly reimburse Avon and the Authority for all costs and fees (including legal, engineering, and court fees) incurred by each of them in securing such an amendment; and (d) all diversion ditches, pipelines, headgates and structures, pumps, casings and other improvements and easements associated or used in connection with the above described water rights (including without limitation rights of access thereto) as becomes necessary from time to time to provide water service for the Property, reserving into Traer Creek District rights of access and use of the same to the extent not required to provide water service for the Property. The parties recognize, acknowledge and agree that in connection with the development of the Property such structures may need to be modified, piped, buried or otherwise improved at Traer Creek District's sole cost and discretion. perm. The term of this Lease shall be perpetual. provided however. that in the event that the Authority and Avon fail to provide vv'ater service to the Property (exceptinc 2. Term. The term of this Lease shall be perpetual, provided however, that in the event that the Authority and Avon fail to provide water service to the Property (excepting temporary cessation of water service due to reasonable maintenance requirements or emergency conditions), Traer Creek District may terminate this Lease upon sixty (60) days' written notice. 3. Payment. The Leased Water Rights shall be leased to Avon without charge. The consideration for this Lease is the water service provided pursuant to the Service Agreement, the Amendment, and the 2002 Agreement. 4. Miscellaneous. (a) This Lease may not be amended except by a written document signed by the parties which expressly references this Lease. (b) This Lease shall be construed under and governed by the Laws of the State of Colorado. (c) In the event of any litigation regarding the parties' rights and obligations under this Lease, the prevailing party shall be entitled to recover its costs and expenses of litigation, including its reasonable expert witness and attorney's fees, and any costs and expenses, including attorney's fees, incurred in any appeal or collection actions related thereto. Executed to be effective the date first set forth above. TRAER CREEK METROPOLITAN DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado By: ?? Nan e: Shp c ?o?nur f Title: 4 d4 &A- t- TOWN OF AVON, a Colorado municipal corporation By: Name: Title: ra7az? _3_ STATE OF COLORADO ) ss. COUNTY OF Ci9 6-L E ) Th foregoing instrument was acknowledged before me this jj??day of 6_01 y . eA , 2002, by S/,) aii e as President of the Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. Ajq Notay Public CCOF My commission expires: o` 6, STATE OF COLORADO ) MY COMMISSION ss. EXPIRES MAY 16, 2006 COUNTY OF ) The foregoing instrument was acknowledged before me this , 2002, by as a quasi-municipal corporation of the State of Colorado. Witness my hand and official seal. day of of the Town of Avon, rd7az; _4_ EXHIBIT 1 THE PROPERTY F ?C2L DESCRY. TI0N That :j= ? of t e E 1/2 of Section ??, Tcw snip 5 Scutt., Ramce West of the Sixth Principal *leriLaL, Eec2a County, Col' S2 }, orze accCrcinc tc the nerencent Resi=---;ev and Su-: v of saic' ,c%:.,- :.SCE, ciCE?teC .: SeC:E^eG !, / ?V the E?.meL't G? he TLtEII1 _ EBL O. 2.^.C ?!c :2CE=E:?t '== 1?25L'1.`C?`._, D.C. a. oce he iii to ? C= t'rtS c_ S..ect-icrs 17, Tcwzsh1L' S r- CLt}., Rance 61 West Of th CL.= r= iLCc_, rccl a Ccunt'r, Cc2C_ ccc, acccr ;L'ic t0 tie Bete Tjde ze Of Ec?C TcwzEhir End :once, ECCELte^. 74c' I er 1, 1L4J the r+Et` ,=„E t c the SLtET=cL Gene_ F- ?•2IIC ofI-ice L n Wp-sh zc-Lr D.C., ce_cr,--ed as e :hole as follows: - • Fec:r?:,1LC ct tre ?iC hWest Cczme C- £a_C :E•CL- 7; thence 21CiC the Lcrtherly 1;-.e of said Eectien 7, yEF'?5'?4"F 2751.46 feet to the NC=-tb 1/4 Cczmer Of Slid SecticL 1; thence, dera2tinc Sa'_C nG-;-t,.:Ez71S line, Z!GLc the EcStErly 1;D° C-r the NwY 1/?i of - .S a ? -CI1 7, 500'31'11"? 2E11.00 felt, to the nG.::erly r1Cht -o,-wzy ay li^e of ?zterstzte Fichuay Ne. 70, as cescribed is the deer SECC:CEd in -FCCk ?1. at PECE 5F2 in the Office of the Bacle COnnty'• Col c_ 2cc, C1 e_k ar_d FiECGrcer; thence, a-]cnc said nertb;sly •rioht- cf-••av 1°6.45 feet, to the ncx-tberly line of the SP 2/4 of szid Section 7; thence, el one said Do?berly line NES'50'40"E 1572.71 feet, to the hest 114 c , Er of said Section e; thence, eIcne .the ?:E_terly. lire of :a-id Section 5, N00'10'S: ^p 2;SE.3° feet to ', 't,e ?4er`bt,est co*Mer cf szd Section 8; thence, Elcrc the northerly li_.e of said Sectscn E, NEE140141"E 275E.SE feet, to the Nerth 1/4 CcrTEr of said Section S; thence, centinn;rc al cnc said aerthe_ly line, NEE' 42' SE "F. E50.00 feet; thence, cer?=nc s2ic northerly line, 55E'SO' 00"E :1174-62. feet; thence S1782F'S0"P 3=51.20 feet; thence S27'?5'_0"W 2311.! feet; tbemce Scutb F°9.9 = feet; thEnce Best 2505. - feet, to the easterly line c; the SW 1/4 Sri 114 of -aid Section 5; thence, a1 ona said easterly line S03'??"W EO?..A feet, tc the Southeast ccrnE_ of said Ski' 1/4 SW 1/4; thence, e?cnc_ the southerly line of said Section S, NE5'5_'OS"W ?_73.9E feet, to the 'cUth::est ccmer of said Section tl-,ence, zlcnc the easterly line of s2..ic Section 17, 501041'4°"E 170.00 fEft, tC the CentErl;n. E of the Eacle FLtier; thence the f01!c?;?zG fGL_ CCLrEES c3Onc said CE:aE:2;r)e (M= 20Uce?' NEE'24'49"W 1027.50 feet; -(2) NBE'07'45"W 472.00 feet;. {3? NE5'25'45"W 55E.00 feet; (4) SF2'cl'll"W ?05.?5 feet to the westerly lire cf the NF 1/4 of sasc Section 17; thence, along said WEEterly N00'20155"W 117.74 feet, to the Ncrlb 114 corset of said Section 2-j; thence, a1 ona the ncrthe_ly line of said section 223E.E5 feet, to the Ectthwest comer of the SE 1/4 Sp 1/S Of said Section E; thEDCEr F-1 012c the westE11V lie of said S% 1/4 SE 1/41 N00-52'07-"E 12OE.90 fee;, to the Sr 1/16 carner of A. said Sectscn E; thencE, G1onc the =GLtLerly line of the PiW 1/4 S1 1/4 of szic SectioD E, NE5'54'54"W 2_---.SE j ? eat, to the C.c , 1t1E Comer of EP--;d Sect:en E; thence, p1cnc the southerly lire of the NE 1/4 SW 1/4 of sa;c Section E, 27ES'Sf'?r"W 136E.46 feet, to the Sn 1/16 corner of _z. d Section E; thE^CE, F-lord the easterly line cf the SW 1/4 SW 1/4 of f;-:'d Eett1 on E, S 00' 03 ' 7 "E 1176.05 feet, tc the. Southeast ceruer of said SW 1/4 Sri 1/4; thence, along the southe_ly line of said Secti cn 81 NE-9632'28"W 529.28 feet, to the northerly ricbt-of-way line of the Denver and Rio Grande Westezm Railroad; thence the followiZC ten courses elore said nortbe_ly r; gh t-of-way line: (1) 132.91 feet al ono the arc of a curve to the ric .t, bavinc a r2cius of 7033.48 feet, an interrel ancle of 02'44'42", and e chord that bee=s N70'30'09"W 132.89 feet; (2) N6V:57'4F"'ra 527.8E feet.; (3) 231.22 feet alone the arc of a ciL--;e to the left, having a TzciLS c+ 5779.70 feet, an internal ancle e, 02017'2E", anal P. chord that bears NE5'4E'32"W 231.09 feet:; (4) 500614'31"_ 2_.20 feet; (5) 3342.50 feet alcne the are of a curve tG t_he 1E :, hLTinC a zadins CI 57 9.70 feet, an intexzEl angle Of f o 220:22 "_', end a chord that tears N7E'_2'02"Yi 1150.63 feet;' (6) :NE2'13'00"W 2?BE ._= feet; (7 54f.06 feet el One the arc of t cu--,-,,e tc the Yscht, har_*:c a Tad?L_ of DEE0.00 feet, an intez-nal ancle of aE•42'30", End a chord teat rEZrs N7:'S1'! !? "W 546.11 feet.; (8) N00'12'2:,"'r7 22.04 feet; (9) 2E.04 feet a1onc t}]E F-re of a curse to the ri eht, }avirc a TadjLE of 3E-60.00 feet, an ;-to:nal arcle of 00'51'50", and a chord that bears N64'47'_5"W 28.04 feet; (10) N64'22' 00"W 377.10 feet; thence, departing said nor-tbexly riebt-flf_ Wzy 1:ne, 52_*_--V00"W 300.00 feet, to the southerly right-cf-way 1:.^.e of tie Denver and Frio GTarde heste_-n T,2ilscad, elso being am the exist?ne Town of Avcn fotndary; thence, alenc said southerly right-cf-way l?e and e?cisting Tcwn of Avon Eot=cary the 2o11ow-jnQ three ccuzses alone the northerly Sine of the parcel annexed to the c,, -n of iron' by*dz- rznce 8E-30: (1) N64.'22 a 00"W ?064. 00 feet; (2) 96E.`9 feet a]onc the asc of a c._z-ve to the left, having a radius cf =4 27.;0 feet, an internal zrcle of 01'37' 00", amd a cbctd i4bat beL.rs NES'30'30"W 96E.-15E feet; (?.) NE5019I00"W _`27.60 feet; thence, cent -ninc z)ene said z?outh e_ ly r3 cht-ef -way 1 ine amd existing Town cf. J,cOII Lcr-ca_^- the f ell cwsnc cou_Tse a3 cnc th*e ncr-therly line of the pe-zcel as:nE_xee tc the Tewn cf Avcn by OrdiLamce e1-38, NE! 5E'0E"W 677.E3 feet; thence, departing sand southerly right-of- wav l ine Zzd ccntinrinc al cnc the bcurdasy cf the parcel annexed to the Tew*n of Avon by OresLance E1-3E, N24'02 '52"E 100.00 feet, to the nC:-thE-Z-2Y ri obt-of -kay 1 ine of the DELV Er and Rio Grande kesteT'n RailSGad and the SoLtheast corner of Lot 22, Benchmark at r-ecver Czeek; thence, depL -t'inc EL.58 ncrtheTly rscb't-of-way Line and ccnt =;Linc alcnc the exi5tinc Tc-wn • of Avon Boundary the fcl] ow: _mc t-wc to=sses al cnc the- easterly line of the pastel orzc_nally inccrpcrated zs the Town cf Avon as defined in Ordinance 7E-4: (1) ME"°140"E 5195,99 feet; (2) a calculated distance and beYinc of 26E.23 feet (zeccrd distsce and bearing of N25' 10' 03'W 235.72 f eet) , to the southerly line of the NE 1/9 HE 1/4 of Said Section 11; thence, elope said scutherly line and exist_ne Tcwn of 7-:vcn lcunez_: y the fellc inc course zlonc the southerly line of the parcel annexed to the •Tcwn of Acon by 0?dir,ance E1-20, F. calcLlated C'_stcnce End bearing of SE9'58'41"E 11L2.:;2 feet (record distance aid beat-;nc of SES'57'07"E 1184.14 feet), to the westerly line of said Section 7; thence, along said westerly line and existing Town of Avon bcundarv the follcwi.na ccur5e alcnc the easterly line cf the pzrcels annexed to the Town ' cf rtion by 6dinEnce E1-20 and Ordinance 81-34, E nEtsured distance and hearinc of N00'22'27"W 3321.54 feet (record distance and bez-;nc of N00'10'14"W 660.82 feet per Ordinance E1-20 and record distznce G-d bezinc cf N00'10114"W 660.83 per Ordinance 82-34), tc the point of hecinL1ns, ccntzining 967.07 acres, note or less, EXCEPTING- FROM the fo1 eoeina pa.scel cescripticn all pcrticrs of th,e descrfred p7orez7ty that censtitUte the Irate state Pichway Nc. 70 Ai cht-o;-Way and the Den-ver Rio C'_ ande WeMt er r. Rziltozd R; ch;;_o f- Way.. which pcr-tions contain 99.25 acres, amore or less. The het e_Ea of the pz= cel he-; -c included in this `_,e_%ati cr. is 567. F3 acres, nor e or 1 e S s. Pp RCEL DEES CFi3?'1'l ON That part of Secti crs E, 9 b 10, Township 5 South, Rance 81 West Cf the Sixth Primcizal, !sale County, Colezsdc, zccordine to the Dependent T,e_tr?;ev of szid Township and Ra_rce, accented Nei ewer 1543 by the Dey -,ent of the Inter-o* Cener al -1-and Office iz Rashinctcn, D.C., desc:i^ed as follows: Eeci ""inc at the 1veh 114 ccrre_ of laic Section 8; thence zlonc the ne `:Er1y line of szid fecti cn e, 1v8E•S2'SE"E E50.00 feet, to the True Foint of Fecinn.=c; thence, ccntinuine al cnc =ud nc;y},e=iy lime, NEE'42'SE"E 2 20.72 fEtt, to the Northwest corner of raid Sect cn S; thence, zl cnc the Lcr <},e_?p ?one of said SectScn 9, Nf3'29'?G^E ii73.2i feet, ?to the 17crth 1/4 cc=e._ of said Sects en 9; thence, cent i nu,ine al cnc said ncrtheIry line NE20241?2"E 1772.60 feet, to the Ncxt!:wESt cc:;,,_ co said Section 10; the^Ce, 21CnC the nOSthErly line of ra1C SeCtio i a 10 NEE'=9'24"E 2681.23 feet; thence, 45e, zY';fne said northerly line, 5011I54107"F, 1E55.66 feet, to rcutle_1y line of the SE 1/4 NW 1/4 of EEid Sectscn 10; thence, zlcna the SCUthErly line of said BE 1/4 W. :14, SEE'?2'23"A :204.06 feet, to the Center 'Rest 1/16 comer of zzi d Sects cn 10; thErce, al cnc the easterly line of the NW '1/4 SW 1/4 of said Section 10, .O1'.2'50"W ]359.33 feet, to the Southwest 1116 cc.--mez cf sand Section 10;.-thence,, z.lcnc the southerly line of rZ1d NH 1/4* E' 1/4, .E.E6'_2'47"W ]?84.91 feet, to the Scutb 1/1E ccn;jer of said Se-ctior.: 9 b 10; thence, 21onc the =cutberly 3ime of? the NE 114 SE 1/4. of said SEECtSOn 9, 577']0'15"W 1413.37 feet, to the Scathezst 1136 cc:zez- of send Sec-tio, 9; thence, along the ezst esly 11ne of the SW 114. SE 1/4 of ezid Secti cn _9, 501' 33' 02"R 1475.22 feet, to the East 1/16 cues of said Secticn 9 and Sectioa 16 of szid Teu-,-rhip 5 South, JR=ce 81 Nest of the Sixth Principal Messd.is; thence, alcnc' the southerly line of said SW 1/4 BE 1/4, 57x'20'::1°W 3550.43 feet, to the South 1/4 ccr-,er of said Section 9; t. hence, z3 cnc the ' wept e_Tly line of :aid SW 1/4 BE 1/4, N01'3412E"P 3603.`1 feet, to the Center South 1/16 corner of said Sect- on 9; thence, z? ono the southerly line of the NE 1/4 SW 1/4 of sa=c Section F, cEE907'30"W'1-78.19 feet, to the Southwest 1/16 comes of zz-d Section 9; thence, '21cnc the *EzstErly line of the SW 1/4 SW 1/4 of said Sect-on 9, .501:1033-22"w 903.02 feet, to the exist-nc Tewn c; ten FcrneZ17; hence, ee.pzztioc said easterly az'-ne, the fc2]c i-nc five ccu-- eE 21cnc said existing Town of Iqon Pcundzz}': (3) Wert 2555.53 feet; (2) Nczth E°9.93 feet; (3) N27'2°'30"f 2222.55 feet; (4) N17'38'-0"W 159=.20 feet; (5) N5E' 30' 00"h 1274 . E2 f Eet,' to the True Point of Eecinm-imc, ccnta-r-:.mC 522.76 ac. es, more or less. r?.r W N 3 ? U C C Cl C I. O O C C C z K, 3 M 3 K, 3 K, 3 M 3 M 3 M, 3 Mi 3 u ?U ?U ?U 00r ?r ?r- r- r- R U pp r M C\ C> r N G\ O1 r N P 00 m M C r r ? O\ q r V C? r C, r P ?U 'O W C N o 'cd Q r K, ` kr, E a? ? « v? r r K, - c c ¢ cr-I W N C C C C C C C c K. L. Ki Q ,, V C - C C co cc a ? w G C U ¢ O r ti ti ti ti v C Ki 'G `. Z Ti r L C V ? L C G co U U F O w u z is c m ti wv'. U c` U U G ? c C ? U v U N c ?a U c U c? U K, U llr_ U Q¢ ^ ^ N U ? N C C K, K, L 0.. C L L L CL CZ L?- W CZ z z' z z z z z z v LS L a a a a a a p ? ? ? w CV w x 1 ? 1 oL o? QW- ?? ow ?w Q? ou c c R C, oC N c N c r °C c c ?, c r c r c oc oc a o c C1 C^ C` c . - U L C C C N K, C K, K. oC - N N C G - c ? c ? c ^ c r c r c r c r c ti c a cc c c c? c c ?_ _U C N N C C C K ?•' .L R ¢ Q r. C L C L C N. C ` C ?. C N - N -- L C U Ti C CJ' L r ? r N ?' ? Cr Q r L'1 rte, _? C c } r r r G -- N ^ i R Z U C L`, z C tT Z C C G z C O z [ ?- ?' i v Z C C L C z: z F-.? [-" G C . is c U U ? F. R ? C 'G R N U N 4J Vi C y R R ? ? C w o •? U w ? R 0 3 X R U G. U N (.L, Z cz O C ?? 24 v v ? ¢ p '? L C o U .? ?G ? R o o ? U a? _ c ?N R - > R C cil y v. O R C b0 .fl R ? C V. R C, R v. ? ii R ? U ^y R C ?- U ti 11 Ki F W V F W a Lz: r F z c U U a C F M Fr z c' F Q F z C? Q a c u, z Q C) F C F Q L C C C C.) r a, C z LIC Q U z v. or oo N N ^ E U G •- ?- C C ?. N r v? N v-i r oc vi C oc r N r ^ 00 ^, N ?"" C O C _ C C C ^ C C C 3 U 0 ¢ v cc a r ^ r oc m u oc C C - N C C C -N 'D 0 C t8 v r kfi v C, N r- c O CIO N - ^ N v'i C C ?, . Q Q c c c U > ! C oc r V c v. ?, v, ^- ? N ?.: - C N r~, O N N x 00 c 0 N N N r N C N r.r? .= N T V ,.. N oc rr, ?. r, C1 ?". - : U r C 17 "t ` r r C C C- G C ? U O 0 . . '? C` '" r N r N ? a T C cv >' C/J pq = Y L r oc a - r 00 00 C ? ro ? J - CU ' oc' bL - C G o0 z '- O C\ z :7 C f Cj O G c C ti - C G C i ^ C C 3< C zcG C ?^ - z_ G z ?? ?-- u, w v. C c U _ Gv Exhibit D WATER SUBLEASE This Water Sublease ("Sublease") is entered into this 4th day of November, 2002, between the Town of Avon, a Colorado municipal corporation ("Avon") and the Upper Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the State of Colorado (the "Authority"). Recitals Whereas, EMD Limited Liability Company, a Colorado limited liability company ("EMD LLC"), the Authority, and the Eagle-Vail Metropolitan District (the "District") entered into a Water Service Agreement dated May 15, 1997 ("Service Agreement"). Paragraph 2(b) provided that EMD LLC agreed to lease specified water rights to the Authority as a condition for water service to 1,789 acres of land owned by EMD LLC as described in the attached Exhibit I (the "Property"). EMD LLC thereafter transferred its interest in the Property to Traer Creek LLC. Whereas, EMD LLC, the District, Town of Avon, a Colorado municipal corporation ("Avon"), and the Authority entered into the First Amendment to Water Service and Tap Fee Allocation Agreement dated June 22, 1999 (the "Amendment"). Section 2(B) of the Amendment substituted Avon for the District. Section 2(H) of the Amendment amended the lease provision in paragraph 2(b) of the Service Agreement whereby EMD LLC agreed to lease without cost to Avon for sublease without cost to the Authority the portion of water rights sufficient to replace the consumptive use associated with the development of the Property as ultimately decreed by the Water Court. Whereas, certain of EMD LLC's rights, duties and obligations under the Service Agreement and Amendment were assigned to Traer Creek LLC, pursuant to that certain Assignment and Assumption of Water Service Agreement and Related Water Rights dated November 29, 2001. Whereas. certain of Traer Creek LLC's rights, duties and obligations under the Service Agreement and Amendment were assigned to the Traer Creek Metropolitan District (the "Traer Creek District") pursuant to that certain Assignment and Assumption of Water Service Agreement and Related Water Rights dated November 29, 2001. Whereas. certain water and water rights, ditch and ditch rights, consumptive use credits. and reservoirs and storage rights were transferred by Quit Claim Deeds from EMD LLC to Traer Creek LLC, and from Traer Creek LLC to Traer Creek District. ?Nhhereas. the Authority. the District. Avon and Traer Creek District entered into an Agreement dated November 4. 2002 ("2002 Agreement"). Section 6 of the 2002 Agreement provides that Traer Creek District shall lease to Avon the water rights that are the subject of this IC0910 Lease, and that such lease to Avon shall satisfy the obligations of Sections 2(B) and 2(H) of the Amendment. In turn, Section 6 of the 2002 Agreement provides that Avon shall sublease to the Authority the water rights that are the subject of this Lease. AGREEMENT Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sublease. Avon hereby subleases to the Authority all of Avon's right, title and/or interests (beneficial or other interests) in and to the following (collectively, the "Leased Water Rights"): (a) the water rights described in Exhibit 2 identified under the column heading Amount Leased, together with all associated rights and benefits of the plan for augmentation and exchange decreed by the District Court in and for Water Division No. 5 in Case No. 97CW306 (the "Augmentation Plan"), together with all associated changes of water rights decreed therein related to the Amount Leased; provided, however, no storage rights or facilities other than the Additional Storage Water is leased hereunder. (b) the historic consumptive use credits dedicated to the Augmentation Plan and described in the attached Exhibit 3; (c) an additional 9.8 acre feet of storage water from Wolford Mountain Reservoir, Nottingham Reservoir, or another storage facility acceptable to the Authority ("the Additional Storage Water") to provide sufficient water rights to serve the Property which is hereinafter ]eased by Traer Creek District to Avon pursuant to paragraph 7 of the 2002 Agreement. (d) all diversion ditches, pipelines, headgates and structures, pumps, casings and other improvements and easements associated or used in connection with the above described water rights (including without limitation rights of access thereto) as becomes necessary from time to time to provide water service for the Property, reserving into Traer Creek District rights of access and use of the same to the extent not required to provide water service for the Property. The parties recognize, acknowledge and agree that in connection with the development of the Property such structures may need to be modified, piped, buried or otherwise improved at Traer Creek District's sole cost and discretion. 2. Term. The term of this Sublease shall be perpetual, provided however, that in the event that the Authority fails to provide water service to the Property (excepting temporary cessation of water service due to reasonable maintenance requirements or emergency conditions), Avon may terminate this Sublease upon sixty (60) days" written notice. 3. Pa M ent. The Leased Water Rights shall be subleased to the Authority without charge. The consideration for this Sublease is the water service provided pursuant to the Service Agreement, the Amendment, and the 2002 Agreement. 4. Miscellaneous. (a) This Sublease may not be amended except by a written document signed by the parties which expressly references this Lease. (b) This Sublease shall be construed under and governed by the Laws of the State of Colorado. (c) In the event of any litigation regarding the parties' rights and obligations under this Sublease, the prevailing party shall be entitled to recover its costs and expenses of litigation, including its reasonable expert witness and attorney's fees, and any costs and expenses, including attorney's fees, incurred in any appeal or collection actions related thereto. Executed to be effective the date first set forth above. TOWN OF AVON, a Colorado municipal corporation By:_ Name: Title: UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi-municipal corporation and political subdivision of the State of Colorado By: Name: 1 Nz7" Lein P ?2C ?!D Title: ' . c &- - (-5 A -?- A.' iT tc0910 ?_ STATE OF COLORADO ) ss. COUNTY OF CpL? ) The foregoing instrument was acknowledged before me this 13CF-day of NCB-ti t ??,CJL, 2002, by y MAPuNz)A4s bcF Act e', b &, %of the Upper Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. N a Public 0? q ?y %o My commission expires: %?1?Jcu, ;a I Nom10 oVBI? 'PO G STATE OF COLORADO ) MY COMMISSION ss. EXPIRES MAY 16,2M I COUNTY OF ) The foregoing instrument was acknowledged before me this , 2002, by as a quasi-municipal corporation of the State of Colorado. Witness my hand and official seal. day of of the Town of Avon, tC0910 _4_ tAMIbII I THE PROPERTY F =NcEIDESCRz_ T ON That z e_6 of ^.e 1/2 of Secil oA 11, Tcwr,::aip Scutr., F.znce e? hest of t-he Sixth p. i ncipzl Me_Sc_e-*., Eaci e CcuAt:y , Coioree 2Cc-_'_ c=nc ?o tl.e r;e e::ee:a :(eEL vev an vEv Of Sc? ?' ? C? Ch:.SZZ C 'P-ce, ECce ?eC. 1er, tI=^E? !, 1?'!! v the DEL`,=en? OS the ar,e C- P_s ?LEEL' of _,?^.C 1 *!:.2CE=E:.t Ir1-5C..? •. .. , D.C., •L . ?%. E? with ` rte` C. SErti GLS S'CZ.rr};ir SCI;th, ftcn. Ce e.1 neSu 01 S? ?r:_ r'. c_c?? , =Ec l e Ccort , Co? c_ zcc, zccc. ?^c to the Jeteneezz, :.eEt::E- CI 'f F_ TC'"mfth r ar-6 =•E.nCet ECCE ILE ' NG'vEyer 1, 1LQj ?= tb'e Deter me t G: the 7 n i e c: CfnEZz.? _E'j6 C)ffJCe -i n W.aE??LL%.C ?.( CEEC: ??}Et t: ??ole S: S011C•wl: rI jE'C: ?LC Et tI.E NC'th:ESt C: fc:C :eCt;Cn 7; tZ'EnCe Elc the Lcr'.IE_ ,v ',;-.e cf _;Sd Section NFF'AS'1S"E 2751.46 feet tc c the Nc_ Lh 2/4 Ccz--,e: O: 'Eid EeCt;C•r. !; thEi'CE, deLcrtfnC SZC T]C•rt_f_ly 2 ?J:E, 2!crc the ELZIL y !?-E C, the NW 1/4 of. E? C ?eCt_ cn 7 GQ' 1? ' 11 "4 2621.00 ftet to the =or ':Er + +_w ly r1 ch'-c ay ?cre Cf ?=tE_stzte F'Ch ey Nc. 70, zs eelcriled i.n the deed YecC_cEd hCCX 22= 2t TICE °E: ?S the cf'Sce Cf the Bacle County. Celc;kcc, Cs--k cDC 7,E•CC?GES; thenCE, vone E-aid Dcrtherly•rjo_ht- Cf-wEv !Le, cpE5'2E't"Z 1°E.AE feet, to the ncrtbErly line of the S£ 2/4 cf EE36 SECti en 7; thence, a) cnc EEje ncr tberly llme, T;ES'50'40"E 2_ is'. i1 feet, tc the SYESt 114 C -:7ZE? Cf Sc1d SectSCD E; thence, P cnc the ti+EFtETIy. ISrE of :tic - N00'10'5%"W 2756.1° feet tc the ??i•r:h1?EEt CG-mc of s`d Section 8; thErcE, c,ere the nc_therly 1.^e cf said SectSeL F, NBE940'41"f :75E.SE feet, to the North 1/4 CC:7jEr of sPi16 Sect:cn F; thEncE, cent muimc 21Cnc SF i c DC1:hE272 11DE, NEE'42'SE11i E50.00 feet; thence, cer:Gl1inc said nCx-'hE_2y line, .5f'S0'00"E. ]275.62 feet; thence 51?'2F'?0"E :LSC.10 feet; tLEnce 527':5'_0"W 2117.55 feet; thence SGl]j?.h ?OOG= ffEtthEnce fast 2!F5.!' , , ? feet, t0 the EcStErlp 11_te Cl. tiE Sri 1/4 Sri '1/4 cf sc? d : Ect ; On C; thencE, a.3onC 5E r: EcSt er1V l'Te 501' 21 -v; (C- -'-4 feet, tc the cGU?hEE5t ccj_]F Of S21G 1/4 Sri 1/4; thEtCE, 2lonc the 5cu'thE_1y 25ne of Sc_d Section c, NE5.5"04"ti;+ :2i1.°E feet, to the CGUthWE-51 CcZ-,jE_ of eLid Sect!cn 5; thfI)CE, c!cZ'c the E<<tETly 2_5ne of :2.'C .ECt. 0A 17, 50a*42149'E 170.00 fEft, tC the CErjtEr3"LnE Cf tie fPC)e •R?TEr; thence the f03???+?LG fCZ- CC'r-Z E: P!GDC =aid CE~tEZ-2;' E (ll3= 2anCe); NE°'75'55"W 10 7.50 feet; (2) NUE110714 -W 47:.00 feet; (3? NES8251451W 55£.00 feet; (4) SF2'2_'ll"W 505.?? feet, to the wc-EtErly ?_:]E cf the Ni 1/4 of EESC Section 17; the-nce, elonc said 1'E StET1y aiTje, N00'20"="V L17.74 fFEt, to the NGTCb 1/4 COrZe= Of sc?C EeCt3GT1 1; t}_eDCE, P cnc the ?lC? Lhe_ly 25ne of Sc1Q Section 17, `ES'12'=E"r feet, tc the Ecuth•.:est ccx:?eT of the SE 1/4 `,F 11 /4 cf EE-5d SECt_4cn E; thE?CE, F_ l orQ the weSt Erly line of sale S? 1/4 S: 1/4, N00151107''E ?=°E•50 feetc the Sr 1/16 CC?-ner of E2_3 d S ect.4 cn E; t } EnC E , F-3 cnc the : cL• tAjerlti' 1 i._ne of the ?iW 1/4 Si 1/4 cf sPjd EectSen E, NEE'S4'54"W 1_1_.56 feet, tc the CS lflf ccrre_ Of EE- ;d cect_ en E; thence, P1 cnc .he ? cutherly line cf the NE 1/4 SW 1/4 cf ?ESc SectScn F, NFS'Sp -:-W :-,6f.46 feet, to the Sri 1/16 ccrnEr ei Ezid Sectic-n E then-cE, F_2CrC the EcSterly line of the SW 1/4 Si; 1/4 cf EL3d EECt-on E, 500'01'57"E 1:76.OE feet, tc tbe• Seuthecst canter cf seid SW 1/4 Sri 1/4; thence, elona the eoutbe_ly 3ine of said Sectscn E, Ne9',2'28" 529.28 feet, to the nos-therly richt-of-wz line of the Leaver and Rio Grande We.stp W 17Ged; thence the f o32 owing tea c-ou_-ses z3 ore said northe_1v r Cht-o#-wap line: (1) :32.91 feet e2ono the arc of a cux a to the riC4 ha:inc a rec_us of ?093.98 feet, irate zl uncle C-c 02'44'42", arc a choze that bezTs N70.30'09-W 332_.ep feet; (2? N6f':57'4£"W 527.Ef feet; (_) 232.12 feet e2one the are of a cu--vE tC the l of i., hF_-vinx e. rpe-i cs c! .5179.70 feet, 2?. inte3L•21 angle t, 02'li12E', and a chczd that Iezys Nf9'4E'92-W 231.09 feet; (4) 500034':1"` 2:.20 Beet; (5) 3?42.50 feet elcnc the P c o; t cntve tG iLle JEf:, hiTinc a 2-aC1Us Cf 5759.70 feet, cn 1ntE_yzl ?7Qle pf ^.c a chc_c that kEa_Ts N7E'92'D2"Yi ?350.63 feet; (b) NE2'3-'00"r ??9E.`: feet; {7) 54E.06 feet ?.lore the zrc Cf t cn-r:e tc the z•7c:,t, l:av ,c a :zc_LS of ?EF0.00 feet, an ;nte:-r?21 angle o+. 3E'42130"?, arc a chcTd that bE?: Ni9•:1'=5"W 546.11 feet; 8) ( N00032'1 "ri 21.05 feet; (9) 2f.04 feet 21C-nC the `TC Of c CU_ve tC the r cht, havC E of 3 F60. 00 f eet, ?n f.^.te_nal anal? of 00'51'50"1 and a chc.Td that bEEis N64'471S5"W ?e.04 feet; (10) N64'22'OO"W 1i7.30 fEEt; thercE, eepE_T•tlnc ?a1G ncrthexly xicht-Of- VEy 3 ZnE, mss" ?' DO"W DOD-cc feet, tc the Ecuthe ly TS Cht-Cf -vzv l;-e Cf the LEL Er E_nd MC Gr`'oE ) eEtE_"n 7iE_1_C2d, e3=o .being oL the ex ..t_?] e 7c,.-n cf ) ticn f oLn6a y; thEnce, ci CTiC 521d .GUtbeT1y rScht-cf-way l *,e Lmd ex_st?c Tc,.m cf X-von ic=eEi-y the ic22v.-Imo t}Tee cci?EEE c]onC the ncrthe:?p ];ne cf the ?Zeel annexed to the- -n Cf 3zc;'bti'Crc ice EE-30: (3) NE4''2?'DO"W 2065.00 feet; (Z) 56f ._5 feet L?cnc the Lzc cf a carve to the left, havine a sadiu. C- fc-et, En f A. ?a1 (-_Tcle of 020--710c)", d 8 ebctd ib2t be E_z NE.'30'S0"W 56E .5E feet; (3) NES"5'00"W `27.60 feet; thence, conti`r c L)cce Said _ectherly rscht-cf-way 3?ne End existi_nc Town cf rcen ?c cam- the fc13cw1nc CcuT:e a?cno the ncz-thex-ly lime of t},E p?Tce? E_*:,E?(e= t c the Town Cf Xzon by O?o.up-Ce 83-SE 1 NE! .E' 0f "W E77. F? f e e t ; tIEneE, 16 epEz" na sa- d southerly r3Cht-of- ?.-a?• 1; r,e ;_nd cc:,:_nt nc Elena the bcr__-cz=y cf the yz_?-cel EmnExen to the Tcvm of J.Tcn by OSclZance f3-9E, N?4'O2'_2"ZZ 100.00 feet, to the nccr then 3v rs eht-of -wav Sire of the Leaver a_nd Rio Grande he!tern Ra.:,2zcad arc the ScrthEast ccrne_ of Lot 22, fenchmaxk at he?-ver czeek; thencE, OEpLZ?•inC sand ncxt}jelly ricb't-of-way Sine and c cnt_-'?MLinc al cnc the ex st me Tcn.'n • of Xvcn Ecundary the fc13 cw?_Mc t-?Oc? cep_ e: z3 cnc the' East e_ ly line of the pazcel ors c Tally fnccrFc. at ed ar the TC-Nm of },von as def4-ed in Ordi*,ance 7E-4: (1) N1E'! ,40"E oo=,oo feet; (2) a calcm2pted distance End bEE_Z o cf 26E.2 feet (legend distzmce and bearing of N?`' 3 0' 0:;•h 221.72 feet), to the :?cutherly Sine of the HE 1/4 HE 1/4 of -F-;d SFct;cn 32; thercE, Elcne slid Ecutbezly line and ex_--t' T'CWL cf 7:von 1-CU-ry the f Cl l CWjj-,C CCU: Se tl one the scuthez-1T 25ne cf the price-2 Fr, Exed to the •Tcwn of Axon by O?dinznce E1-201 a caiculEted C_-tcnce ;-nd bELT1na of 5E9'58'411,f 1251.:1 feet (Ieccx6 d15"Ence v*O bEzZ_4nc Of SES'S/'07"P 33E4.14 1 EEt) , %c the we_terav ? ne of SE-36 Sectl cn 7; thence, a20D0 5asd WE_tE:1V 3z?*JE End ex.:st nc Tcum Cf Xver, bcLncEry the fO1lC%,-;MC ccL?eE Zlcnc tbE FEBie?1ti 2 -me of the pz-ce?z annexed tc the Tcn of rtion by 076inzTIce El-20 ?n.d OTdLlr,Ence 83 ;, L mcLsUred distUcE- a_nc hea-rinc of N00' 31 ' 1 i "k )__-23.54 feet (T eccTd distance znc bErT=LC of N00'30114"k 660.F2 feet per Ordinance E1-20 and record distance F^d bez+ine of N0.0'10,14"W 660.P- per Ordinance f.3-34) the point of hecimn;ns, centasninc 967.07 acres, more cr less, tc EXCEPTING FROM the fereaoino pastel cesc_iption all portions of th,E cesc_ibec pr orez-ty that constitute the ILte_etate Eic".?;ay Nc. ?0 Ai cht-of-F;ey end the Denver Rio Cz2zde i;ES t Err. Rzilrcad R; ch;-ef- Wa}, uhi ch pe_ tions centein 99.24 ac: es, =ore or a e:s. The r.et aT of the Fe= ce? le-; ,c included in this e? _ ?-'??E_?ats cr. =s 867. f3 ac1e` mere or less. + P;'-'RCEL DESCR2aMON That Fist c; Sectscrs f, 9 b 10, TokTship 5 5013th, Rz-ace 81 Rest co the Sixth principal, recl a Ccurty, Ce3 credc, accosdine to tb Lemencent Re-=- ev of zp c 7'owr.5hip end T;?T•cE, accepted Nov e e-imb a 199;, by the Ley ent of trE 3nteri cr Cene_ e1 I•Enc WzshinetcL, D.C., ecr-c_;_^ed as follows: Df11ct beci =nine at the Nc:,Lb 2/4 cc,-e- o-, 1c Secti o the nc:-'`e_ iy 3 one cj :.2id Fec:;caf NeF• 01n 6+ thence erlcne 42LE r E50.00 feet the True point cf fecinnirc• thEncE ;r; , tC -, , CC nt.. zinc a3 onC ;u nc ??e_1ti 3?E, NfF'e2'??"r 3s?D.7t feet, ?c the 'Nc=thwest ccr- .Uer of said Fec't cn 5; tierce, 23cnc the nc-'hc:- V 25 ne of sz_t Seeti e 5, Nf2'15'-0"E feet, to the NcrtL 1/4 cczze: of s ,n SFct; on 9 trEnce, ccntLntire e1 one a Zd L3 c ncrthelry NF2'l4'31"? 1_/I2.E0 feet, to the NCrthwESI cQ_;?ez- of Said SECt1 L 0 30; thErcf, e)cnc _ t?E ncrtherly I?nE Of Ec1C SECtZOa 1(), NEE'25124 "E 2Ef3.?_ feet; thenCE, detE*-' ne Eefo nertbErly line SG]'24'G7"? fE°S.EE feet, to !cutf-e+ly time cf the SE 1/4 NW 1/4 of r-a3d SectScn 30; thEnce, 23cn0 the -?GLtheTly line of said SE 2/4 y ]/4, Sbf •22'1:"A :204.0E feet, to the Center Test 1/]6 ecrner of nu d secti CL :D; thErce, z3 cnc the Ezzterly lime of the NW '114 SW 3/4 of Ee d cuctscr 30, SO1'=?'S0"W 325 .__ feet, to the Southwest ]/]6 cc yes cf s`d EeCtion 30;.•thenCe, elcno the seuthezly line of czld NH 1f4- Si4 ]/4, EE6'=2147"W 3284.52 fe .S et, to the cutt 1/3f cc_ ;iez- of Ea3 c' S.ec; cr.. 9 b 30; thence, 2] cnc the _ cutberly 1i.ne of NE ]/4 Sf 3/4. cf 5p--;e Section 5, 577']0'3_"W 343=.37 feet o the Scrtheest 1/3E ccryer cf eesd Section 9; thence, 2.1one?tbe ees:erly line of the SW 3/4 SE 1/4 of szia Seci...icn _9, 501'.3'02"A 3475.22 feet, to the Test ]/]E Cc =-er of seed secticn 5 emd Section 3E of sEi d Tcu-cnhiL 5 South, T2nce F1 West of the Ssxtb Principal ??e?id-ien; thEDCE, 23cn0 the soot-berly 3?Le of said SW 1/4 SE 1/4 572'20'2]°R ]550.4 feet, to the Scuth 3/4 ccrner of said Sectror 5; '.fence, 2)cnc_ the 'tae_tczav lime of :aid .5W 1/0 SE 1/4 N030J4'3E"E 3602._11? fEEt, to the Center south 1/16 corer of sz.id Cect: on S; tyience el cnc the ! ecx'hErly line of the NE 1/4 SW 3/4 of s2-:'d sect-_-lvn EFfSo'20"W ?27F.]9 feet, to the Southwest 1/16 c crner of Ezi d 5ecti en 9; thencE, 'P-3 C-nc the 'EeSt Ez ly line of the SW 4 SW 1/4 of szid Section °. ,501'33'33^W 50=.02 feet, to the Existinc TcWm c: ?-cen Iotnc?y; thence, cEFe..T-tine said EEsterl lie, the fe3.] OVinc five ccu.Y: Fs e3cne said existinc Town of I- von Pctnc2z3•: (3) }ie_t 1`s`. `2 feet; (2) Nc_-tb F°9.93 feet, ; (3) ?YLJ•. O'JO"? L313.?? feet; (4) N17'Jb'?G"jY? 3!C.'..20 feet NSE*?0'00"k 31%4. E2 feet,' tc the True Pcizt of Beeirn?rjc, ccnta-4r- ..ne 512.7E bc. es, riere or less. F 3 x ? X C c C) c c o o c c z 3 3 3 3 3 3 3 3 ?U ?U ?U c ?6 U 1?6 U U U cc L' oo r M C? C1 r N C? C, r N C, OO r M P I?t r- .' C\ 'IT r V C, r C, r C, a U ? a c . a a c c ` ?-, v, v v, y y ? a? ? ? ?, r r r^i G G Q 0.? W N C C C C C G G C ? G v C 'd ?, ir, `. oc 4 J c - - c c cc ti a G C U C r ti ti ti ti ti ti ti C t+1 R V c" c, " i .c ? c c Z U v, U ca w U O w U z s ) cc c` ti U U w U c? ? C U C C U V U ? h C cc U C U C•, U U U Q ^ - N U N 0. 0. 0. 0. G 0. G 0. 0. 0. a 0. C 0. -f C _r CZ CZ CZ w CZ C: C: c: z z z z z z z z L C? C C Li U Ur U o a a aLL) CV CV a a ? s ? 3 0? i G1 Q[L QLa- OLL. QW- c c ti cc c c oocc c c r- C, .C oc oc oc oc oc c C, C1 a - - ° U N C \ C C ` N C Q ? Q C ? c C - - - v', c oC c - - N - N ^ c - c ? c v c - c r c r c r r m ? c oc a c ? c c c? '? ?_ ? ?, C c N c N ?, C v C v C = r', = ?" 4' C C C C C C C - - L C U 'O C .C L Ci yr N r U C'? ? C,: t V n oc Llr U '" r CM r` ? C c C P: = L l..i C 2 r-Fj U C C2 r, C tp z ? C Lcr. C Z z C z z C ?' ca c y cu ca C. \c III` 'c `* c c ? ca y N N C z G v M CA 'c ? II bD U +U- Q N cc cC 6J a' U bq ^ ti w G G V'' _ w G cUC C. v z 6J u' C cC cd 'w n c a c?Gj OL z< C ? u ? ? U O .? ?? ?cm c o c c U > CU W c w cn ? U v N ? G ca C U OA L.cc a? a> ? Id a? w d r__ Q) to cC v, ? . a? tc U v, ? U cc C G= U _ C I 'c C II C !/J F r? a c; W F Z O U C.i a c F Z ?r F Q F z ?i a a c z Q G. O F C W F Q U c w c C ell U r c z G7: Q U z ? a7 O C M V `. it r'i V) M L V^ In oc W oc N N k, ? ? ? Q¢ V C ^ C C N r r N kn r oc , O - 06 r ^ N r - oo v-, ?, V 'mot `. V N M N C Q C C C C C C C N Mi 3 U r c? 0 p. oc oc. r `, r o0 U ?''D C C - N C C C cV Q N a r v: v c N r N CIO N .- - N vl C C ? L E 0 T ^? c oc r v c l M O ? N `: . ^ G N ?' w c 0 a? C - N N M _ r N N C N ?, T ti It r, N oc M c c, N U ` C C ? G ? z z r a C oc "0 - N C V) c„ c C- oo oc OU - c, oc C - s oc tL ^ m s 00 cC 0 00 z O Z. cG _ U '-' U G -? C C '-' N N c ? O ti 5< z O c c ? 2- Z c F I~ c - [c V cq u u, ci_ C U cL c c ?-V f z?c z TRAER CREEK METROPOLITAN DISTRICT November 15, 2002 Norman Wood Town of Avon P.O. Box 975 Avon, CO 81620 RE: The Village (at Avon) Water Supply and Water Service Dear Norman: Pursuant to the Town of Avon's ("Avon") request, this letter is to clarify certain language contained in paragraph 1(a) of the Agreement dated November 4, 2002, among the Eagle-Vail Metropolitan District, Avon, the Upper Eagle Regional Water Authority and the Traer Creek Metropolitan District ("Traer Creek District"). More specifically, this letter will confirm Traer Creek District's understanding that it shall be permitted an enlargement of the properties covered by the Water Service Agreement of up to twenty (20) additional acres. Traer Creek District currently intends that any such twenty (20) acre enlargement shall not increase the density of The Village (at Avon) project and the twenty (20) acres will be served within the 181 acre feet of total project depletions approved under the plan for augmentation in Case No. 97CW306. If, however, additional densities are sought with respect to the twenty (20) additional acres or any requests for further enlargements (as referenced in paragraph 1(a) of the Agreement) are sought, Traer Creek District acknowledges and agrees that adequate additional water rights, including water storage rights, will need to be provided at that time. Thank you for your cooperation in completing the negotiations over the Agreement. Very truly yours, ane ohart President Traer Cree Metropolitan District cc: John W. Dunn Gary L. Greer Richard A. Johnson, Esq. Darlene Sisneros, Esq. 141 Union Boulevard, Suite 150 Lakewood, Colorado 80228-1898 (303)-987-0835 phone (303)-987-2032 facsimile November 15, 2002 Mayor Judy Yoder Town of Avon 400 Benchmark Road P.O. Box 975 Avon, CO 81620 Dear Mayor: Reference is made to the last sentence of paragraph 1(a) of the Agreement dated November 4, 2002, among the Eagle-Vail Metropolitan District, Town of Avon, Upper Eagle Regional Water Authority and the Traer Creek Metropolitan District. That sentence provides that any Wolford Mountain Reservoir, Eagle Park Reservoir or other similar storage water needed to serve "further enlargements" of the Village at Avon project shall be provided directly to the Authority. It is the understanding and intent of the Authority that in the event the Authority permanently ceases to provide water service to such further enlargements, then any Eagle Park Reservoir water provided by Traer Creek Metropolitan District to serve such enlargements shall be transferred by the Authority to the Town of Avon. Similarly, to the extent any contract for Wolford Mountain Reservoir or other similar storage water is assignable, the Authority will assign such contract to the Town of Avon upon cessation of service. Very truly yours, UPPER EAGLE REGIONAL WATER AUTHORITY Presided' fd746? Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: November 20, 2002 Re: Water System Improvements - Grant of Easement Pressure Reducing Valve & Vault Installation Summary: Water system improvements required to serve The Village (at Avon), Buffalo Ridge Housing Project includes elimination of the existing pressure reducing valve (PRV) located on the transmission main near Burger King and the installation of a new PRV on a currently closed transmission main located between the Avon Municipal Building and Fire Station. The proposed PRV vault will be located in the landscaped area near the southwesterly corner of the fire station and will connect to the existing water main located in the parking lot immediately west of the fire station as shown on attached drawing. The proposed easement includes the area required to connect with the existing water main, installation of drain line from the vault to an existing storm drain and installation of electric se>vice from an existing transformer to the vault. We recommend approval of the attached Grant of Easement to allow construction to proceed with the installation of the PRV in order to have water service available to the Buffalo Ridge Housing Project when it is ready to start coming on-line in the Spring of 2003. Background: The existing PRV reduces water pressure on the transmission main to the water storage tank on Metcalf Road and the town center area including Avon Center, The Seasons, Mountain Vista, the Recreation Center and the Municipal Building. Additional PRV's serve the area east of Avon Road and along West Beaver Creek Boulevard. This reduction in pressure is needed to maintain operating pressures in generally accepted ranges for building service lines in the Town Center area. This reduction is less critical along Nottingham and Metcalf Roads because of the higher elevations and subsequent lower pressures. IAEngineering\Avon Village\1.0 General\1.3 Water\Agreements\PRV Easement Memo.Doc Elimination of the existing PRV in conjunction with the installation of an altitude control valve at the base of the Metcalf Road water storage tank will result in increased pressures and flow in the transmission main to the Metcalf Tank and the new water main serving the Buffalo Ridge Housing Project. It also allows interconnection with water mains in Filing 1 resulting in improved reliability and flows to the Metcalf Tank, which is the sole source of water for Wildridge and Mountain Star. The proposed PRV installation will result in improved water system function and reliability while providing protection from excessively high pressures in the town center core area of Avon. Recommendations: Approve Grant of Easement to Upper Eagle Regional Water Authority for a non-exclusive easement to construct, operate, maintain, repair and replace a pressure reducing valve and vault on a portion of Tract G, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Alternatives: The alternative location for this installation is in Benchmark Road west of Avon Road between the West Star Bank and Slifer, Smith & Frampton Building. Construction of this alternate will require closing Benchmark Road and also turning off water service to several buildings in the town center for period of time while connections are made to the existing water main. This work would be performed under a permit for work in the public rights-of-way that cannot be issued until April 15, 2003 per Title 12 of the Avon Municipal Code. Proposed Motion: I move to approve Grant of Easement to Upper Eagle Regional Water Authority for a non-exclusive easement to construct, operate, maintain, repair and replace a pressure reducing valve and vault on a portion of Tract G, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Town Manager Comments: 71 1AEngineering\Avon Village\1.0 General\1.3 Water\Agreements\PRV Easement Memo.Doc 2 j r 3 r /J !/ I 1 i UJ J` r j y i ?a J I z: rl OD 1 + 0 0 / J 1 + f m / LLJ LLJ i -j __ 1 v ?/1 r ! Z V / ! wti J o? JJ Na i U'i V) i r ww LJ > Z !J co Jz 1 M W U .?? JJ Z x x r ?q rf w ti f'f 1' f z/ Q w cvw ?wc?q LL. a- o V) 1 _Z _U W W M ?a /t41? M Dt J r 1 < LJ O Cn ?] M a W r / O J o 1- Q J V) ¢ c wu /Q Ay Q d ro c i cz fir h?v f (wn C'n W W w z ! U) 1 i ?r = zz F- O Lu ! Z LLJ OD m LLJ C) cu 0 R* l!1 (17W LL W J J y go 1gQfb 0- V) N O Jf > J / J L.Li `. 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JJ• ?r(n?Y GRANT OF EASEMENT TOWN OF AVON, a Colorado home rule municipality, does hereby grant to UPPER EAGLE REGIONAL WATER AUTHORITY, a quasi-municipal corporation, a non- exclusive easement to construct, operate, maintain, repair and replace a pressure reducing valve and vault and all fixtures and devices, used or useful in the operation of the same on the following described real property located in the Town of Avon, County of Eagle and State of Colorado: See Exhibit "A" incorporated herein by reference thereto TOGETHER WITH the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control and use said valve and vault and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes and together with the right to use so much of the adjoining premises as may be required to pen-nit the operation of standard utility construction or repair machinery. The Grantor reserves the right, without liability on the part of Grantee, to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger the valve and vault or the use thereof. PROVIDED, the work on installing and maintaining said valve and vault shall be done with care and the surface shall be restored to its original level and condition. Grantee agrees to be bound by the terms hereof and to indemnify, defend and hold harmless the Grantor from any damage or injury arising from its use of the same. SIGNED this day of 12002. TOWN OF AVON ATTEST: By: Town Clerk UPPER EAGLE REGIONAL WATER AUTHORITY By: ATTEST: Secretary STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this day of , 2002, by A. J. Reynolds as Mayor and Patty McKenny as Town Clerk of the Town of Avon, a Colorado home rule municipality. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this day of by as Chairman and Secretary of Upper Eagle Regional Water Authority, a quasi-municipal corporation. Witness my hand and official seal. My commission expires: )2002, as Notary Public Q 5? T Li C ? 7 N 0 0 r- U (V >; ? t M C U LO Cr 0. t(n o 3 UZ?iri cn U L. ?(?o Q) ^ ? -0 u 000 U N C: D ,C 0 r- 0 ? 0 C .D a °a O .? u ? L C 0 O .x U U 0 w U? uu v 3 0 p s > ( 0,- D a o 0 m p 0 " C N a u a_: Z U) oN (n 0 ?.C7 U?c CL Q)++0 w oCN D O U p C 00 7 - O N E 0 t U) ?T u o-, C C ; u +U0? o I C o ?X o 9 o u I-d - Li 0 0 _0 3 gn 0 Z?? 0 1? E L ,D O U ++ -0 ++ CN 0 . 0 N w L= o u o u-W uEaU 0 u -0 Nr- OLU U C C O Q O c Z Q) c E 0 -C ° E 0 ° Q V) 0 :w 0 N , Q) °'- D D' .?2w s u U C M L, 0 L C u-) U 0 0 ?- u W C L00 °? 0 N 0 t?N w Q U O O •f' d. m C ,- 1 v T IIIIIIIIIIIIIIIIIIIIII?IIIInI ONO' 0 W C3 o° III II? ? Val i Z W Me II illll P IIII IIII4?a 2 0z D a M NNww aim= a, ouzo N O? Q z ?=o a U F- a N 7Zf M ? N rOF? U ° <?WV w LLj M L) J L N N L saf ao D O ( N?Op.-?•-r-? C °a N W 0 :Mow 00 C",! .4 L6 ? 0 =3 Ln d jd c0?r °yzmo WwWw3w3 C U < F? ? N M?Ma M??d m U °>}w ?O OO)O n a ¢ ?OM o o i z tnd Lr) d ln -U-) It 0 0 V) U=a (0N(ON(0N(0N '0 0F-m ZZMZZ WW zz= ~ O U O O D U N U c O -0 L U - Z~ ? w p w U U U U U U U U C N C W N CL U aLj o m ua G l O .C -C CLLttt O t z <>2°w u a z .= o M ? (O I? 00 F- M 0 0 EL ?-,.. , Memo To: Honorable Mayor and Town Council Thru: Bill Elting, Town Manager ?i From: Norman Wood, Town Engineer?r? Date: November 21, 2002 Re: Floodplain Mapping Request Summary: We received the attached correspondence from the Colorado Water Conservation Board (CWCB) regarding designation and approval of floodplain areas. The current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for the Town of Avon is dated August 19, 1987. Several areas, including The Village (at Avon), have been annexed since that time and are not shown on the Map. In addition the Map shows all areas within the Town boundaries at that time as being in Zone D which is defined as, "Areas of undetermined, but possible flood hazards." Apparently this has not been a problem to date but does seem to have some potential to be with federally controlled lending institutions. The attached letter to the CWCB requesting review of available floodplain information and possible designation and approval of floodplains will possibly lead to an updated FEMA Map which includes the current town boundaries and a more definitive definition of flood hazard areas. While we have made every effort through the review process to assure that new development is protected from the 100-year flood, it is possible that revised floodplain maps will show some development in currently undesignated flood hazard areas. Because of this we wanted to bring this request to the attention of the Town Council for authorization, prior to submittal. We recommend Council authorize staff to submit the attached request to the CWCB to consider the designation and approval of flood hazard areas within the Town of Avon. Recommendation: Authorize the Town Engineer to submit the attached letter to the CWCB requesting the designation and approval of flood hazard areas within the Town of Avon. I:\Enb neeiing\.Ston-nwater\Floodplain Con-spdnceTesignation Reqst Menio.Doc Proposed Motion: I move to authorize the Town Engineer to submit the attached letter to the CWCB requesting the designation and approval of flood hazard areas within the Town of Avon. Town Manager Comments: ,?O I: Engineering\.Stormwater\Floodplain CoITspdnce\Designation Reqst Memo.DocO Page 2 AVON C O L O R A D O November 27, 2002 Mr. Larry Lang Chief, Flood Control and Floodplain Management Section Colorado Water Conservation Board 1313 Sherman Street, Room 721 Denver, Colorado 80203 Dear Mr. Lang: { In accordance with Section 37-60-106(1)© C.R.S., as amended, the Town of Avon is requesting that the Colorado Water Conservation Board consider the designation and approval of flood hazard areas within the Town of Avon, Eagle County, Colorado. j We would like for CWCB staff to review available floodplain information for possible designation and approval at the first applicable CWCB Board meeting. Please call Norman Wood, Town Engineer at 970-748-4045 if you have any questions. i Thank you for your consideration in this matter. Sincerely, Norman Wood, P.E. Town Engineer cc: Larry Brooks, Acting Town Manager Joel R. Seamons, MHW Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTk\Engineering\Stormwater\Floodplain Corrspdnce\Designation Reqst Ltr.Doc April 23, 2002 Mr. Norm Wood Town of Avon Engineer P.O. Box 975 Avon, CO 81620 Dear Mr. Wood I would like to take this opportunity to inform you about the Colorado Water Conservation Board's (CWCB) Floodplain Designation and technical assistance programs. Designation and approval of the existing floodplain mapping for your community would enhance your ability to regulate the 100-year floodplains more effectively. State enabling law for local zoning and subdivision regulation requires that technical information used for regulation of floodprone areas be designated and approved by the CWCB. Designation and approval of the floodplain mapping by the CWCB would provide benefits by helping the community to exercise its zoning powers and to help reduce flood risks to new development in the identified floodplain. The "Flood Insurance Rate Map, Town of Avon, Colorado, Eagle County, August 19, 1987" that was prepared by the Federal Emergency Management Agency includes approximate and/or detailed floodplain information for a number of streams in the county. On your behalf, the CWCB is proposing possible designation and approval of the Flood Insurance Study at its May 2002 Board meeting. The CWCB may consider the designation and approval of floodplain information either by request of a community or by acting on its own initiative. The first method, which is more preferable, requires that we receive a letter of request from you prior to the scheduled Board meeting. We would appreciate it if you could send us a request letter using the attached "sample request letter" as a guide. The engineering consulting firm of Montgomery Watson Harza (MWH) in Denver will be assisting CWCB with the floodplain designation process. Either I or an engineer with MWH will be calling you soon to talk about the designation process and to answer any questions you may have about your floodplain information. Please call me at (303) 866-3441 if you have any iminediate concerns regarding this issue. Thank you. Sincerely, Thomas W. Browning, P.E. Flood Control and Floodplain Management Section SAMPLE REQUEST LETTER Date Mr. Larry Lang Chief, Flood Control and Floodplain Management Section Colorado Water Conservation Board 1313 Shennan Street, Room 721 Denver, Colorado 80203 Dear Mr. Lang: In accordance with Section 37-60-106(1)(c) C.R.S., as amended, your community is requesting that the Colorado Water Conservation Board consider the designation and approval of flood hazard areas within name of County, City, or Town. We would like for CWCB staff to review the floodplain information entitled name of the report or maps to be reviewed and designated for possible designation and approval at the CWCB's Board meeting scheduled for date. Please call local community official at phone number if you have any questions. Thank you for your consideration on this matter. Sincerely, Community Official MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCIL HELD NOVEMBER 18, 2002 A special meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Judy Yoder called the meeting to order at 8:30 AM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and Mayor Pro Tern Buz Reynolds present. Also present were Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Finance Director Scott Wright, Police Chief Jeff Layman, Transit Director Harry Taylor, Community Development Director Ruth Borne, Town Engineer Norm Wood, and Public Works Director Bob Reed. Consent Agenda Mayor Yoder asked for a motion on the Consent Agenda. Councilor D. Buckley moved to approve the Consent Agenda. Councilor McDevitt seconded the motion. The motion was carried unanimously. Town Manager Report Assistant Town Manager Larry Brooks made some farewell comments to Mayor Judy Yoder. He thanked her for her years of service to the Town of Avon community. Mayor Report Mayor Yoder noted that a farewell party would be held for Bill Efting on Friday, November 22nd at Vista Restaurant from 4 pm to 8 pm and invited everyone to attend. Farewell Comments of Outgoing Council member Mayor Judy Yoder expressed her farewell comments to the audience highlighting a number of her accomplishments during her tenure as Mayor. She spoke fondly of her participation on numerous community boards, i.e. Eagle Valley Library Foundation, Avon Arts Council, Vail Valley Exchange / Sister Cities Board, Eagle River Fire Protection District. She noted her participation with the Chamber of Commerce, and the organizing committees for the 1999 World Alpine Ski Championships and the 2001 World Mountain Bike Championships. She listed the projects completed during her tenure, such as the round-a-bouts and associated artwork, the annexation and development of Village (at Avon), the creation of the Library District, the creation of the Fire Protection District. She thanked the community and staff for their support during her years of service with Avon. There being no further business to come before the Council, the meeting adjourned. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Judy Yoder Special Council Meeting Page 2 of 2 November 18, 2002 MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCIL HELD NOVEMBER 18, 2002 SWEARING IN OF NEW COUNCIL MEMBERS A special meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Opening Ceremonies Town Clerk Patty McKenny read the list of newly elected council members, Debbie Buckley, Mac McDevitt, Brian Sipes and Ron Wolfe, presenting each with a Certificate of Election. The Honorable Buck Allen was present to swear in the newly elected officials. Elect a Temporary Chairman At this time the Board elected a temporary chairman. Councilor Wolfe nominated Buz Reynolds as temporary chairman. Councilor McDevitt seconded the motion and it passed unanimously. Temporary Chairman Buz Reynolds called the meeting to order at 5:45 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Buz Reynolds, Brian Sipes and Ron Wolfe present. Also present were Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Finance Director Scott Wright, Police Chief Jeff Layman, Transit Director Harry Taylor, Community Development Director Ruth Borne, Town Engineer Norm • Wood, and Public Works Director Bob Reed, as well as members of the press and public. Elect Mayor and Mayor Pro Tem Councilor McDevitt nominated Buz Reynolds for Mayor of Avon. Councilor P. Buckley nominated all members of the Council for Mayor of Avon. There were no further nominations. Votes were cast by each member and counted by the Town Clerk who then announced that Buz Reynolds would be the next Mayor of Avon. Councilor Wolfe moved to name Buz Reynolds as Mayor, the motion was seconded. A roll call vote was taken and the motion was unanimously approved. Councilor Sipes nominated Ron Wolfe for Mayor Pro Tem of Avon. Councilor Brown nominated Mac McDevitt for Mayor Pro Tern of Avon. There were no further nominations. Votes were cast be each member and counted by the Town Clerk who then announced that Mac McDevitt would be the next Mayor Pro Tern of Avon. Councilor Wolfe moved to name Mac McDevitt as Mayor Pro Tem, the motion was seconded and unanimously approved. Resolutions Mayor Reynolds. introduced and. read Resolution No. 02-52, Series of 2002, a Resolution in Appreciation of Judy Yoder. Councilor Brown moved to approve the Resolution. The motion was seconded by Councilor McDevitt and approved unanimously. Former Mayor Judy Yoder accepted a bouquet of roses and plaque from Mayor Reynolds who expressed his sincerest appreciation to her for her years of service to the Town. • Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Anne Martens, Assistant Tow Engineer Date: November 21, 2002 Re: East Avon Access & Circulation Streetscape Improvements Change Order Number 12 Summary: Attached Change Order Number 12 for the East Avon Access & Circulation Streetscape Improvements project represents minor modifications required to address actual field conditions encountered during construction. Change Order Number 12 includes removal and disposal fees for unanticipated obstructions, additional reinforcement for block walls, additional steps and potholing at Tract Q, and an additional stone veneer column along Chapel Place. Change Order Number 12 also includes the contractor incentive for completing the project prior to the contract completion date. The project was completed 7 days before the contract completion date. This is the final change order for this project and the project is within the project budget. Change Order Number 12 increases the contract amount by $20,000.00 and is reflected in the project summary below. The net effect of this Change Order is to increase the Contract Amount $20,000.00 from $2,443,645.75 to $2,463,645.75. Construction Contract Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Change Order No. 7 Change Order No. 8 Change Order No. 9 Change Order No. 10 Change Order No. 11 Change Order No. 12 Approved Project Budget $2,259,987 Proiect Status $2,259,987 $ 16,234 $ (1,754) $ 1,423 $ 26,120 $ 107,215 $ 12,663 $ 14,092 $ (3,025) $ 3,348 $ 2,261 $ 5,080 $ 20,000 C:\Doaiments And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\CO No 12 MemO.Doc Project Summary Continued Engineering Design Appraisals Legal Contract Administration Testing Services Administration Easements & R/W Contingencies @ 1.5% Total Proposed Budget AUDroved Proiect Budaet Proiect Status $ 75,000 $ 75,000 $ 35,000 $ 12,500 $ 30,000 $ 40,000 $ 80,000 $ 80,000 $ 30,000 $ 16,500 $ 15,000 $ 5,000 $ 349,430 $ 211,352 $ 42,732 $ 13,153 $2,917,149 $2,917,149 The project status has been revised to show projected final costs. Approval of Change Order Number 12 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements is recommended, increasing the Contract amount $20,000.00 from $2,443,645.75 to $2,463,645.75. Recommendations: Approve Change Order Number 12 to the Elam Construction, Inc. contract for construction of the East Avon Access & Circulation Streetscape Improvements, increasing the Contract amount $20,000.00 from $2,443,645.75 to $2,463,645.75. Town Manager Comments: C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\C0 No 12 Merno.Doc 2 Nov-20-02 03:59P Town wof?Avon T 970 748 1958 MANGE ORDER Order No-: 12 Data 11-220-02" AgraeT,-,e nt date A. -xi., 15. ^4002 NAME, t;?? :? t;JI?C t'` ? ?a?C Avers fit°r t Imc?r?,?a?ar??nts C C N'TR:C;TT%")R. I'wn C az3sti tictit ri. izi : t szt a rr r r.= :1tC ` t' Ls ]N MC I DOCU'tXl. 7 i P.04 keiat6re Curb & Gu.tttr at North Court and Coamte Foundation (o Add $1839.40 for Disposal, of Reinforced Curb & Qatar C onerete Total . ?' 4- $ 1,839,40 Addition to Reinforced Black Wall vs. Noo teinftrced Block War": ^ i:5v tom' W i .C#aa ?: 1,-f ii:if.t7? :csi r .xoit s; #f4u? 4 1A.tI"CL 4C. bmavy'oei-t I-c1,4 and Ran 11.3 =15,00/1 Y; 250 rr @ S5.UXrFF _ t jQ. Addition of Non-Mnfort Blau. WAU,. Add .8. S FF to Itom 11 -3 Non-Re-in forced Block Wall CT., TI 4, 0 Off Concrete Step Rise's: A40 2 t,:OWMte SteP Risers 44 $ 5QWU EaC4 w +S 500.00 Vothaling Tract . rr'n } it fttr ? tg! it s _ nr t+irr+, cttt raft C t ?3i7, ?t _.._? 3# [} Column and Stone Venter can Chapd Place '' 2lb Ajax new c6ju= and stone veneer and cap crts Chapel dace -+ $ l 5 S.C>[1>? 1 $ 1.,535,0; Nov-20-02 04:OOP Town of Avon 970 748 1958 P.05 lactafivt: atetiorl of conm=oa on October 15, 2004 Contract t;:tp completion date was October 22, 2002. Special Condition 24 can page C»8 of t pecffiWdo and Contract Documents State* the incentive of %2, 000. 00 per tale dar clay @ 7 day: T(YX'AL + $2t1,ttwoo Acceptance of WS charge order the CONTRACTOR consfitate ftif an complete v ? lira PILZ t #i? fa alti= nnd MWGUzy tki di-met an-4, iz-I ?;he +.VSa3 A= i==,01 tiiwiyt45 0if AA IL ;,Alt 4;1kaAk* I i1;iOVOCi O-Aginai CONYM,ft.?CT MCEy S 2,259,987,00 Cwt C0NTRACT PRICE adjusted by previous CHA Q OFDE ? 1 : S 2;443;645+,7 tj % x4' x r -A;. uu u i %A a rr's ' si ii lV kziuic+s ii- u The new t o-NTRC.T PRICE irCludinz this CMANGE ORDER w?ji be S 2,463,64w,75 Change to CC IRACT U NS' T P.t CONTRACT TWE vwi-e, anor eAsed by oalondajr days. T11 p_ Far co-141pi i otj of at.' work-,.i be October 22, 2002 (D&te). Al"YRO ALL REQUMED Appro cd by tin r: _kCr,j,,pted and Approved- by Owner: :federal A,, enoy Approval (where appliOWe}' CO-12: