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TC Council Packet 04-26-2005TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAYxAPRIL 26x2005 AvONN0UNxCnPAL BUmLDxNG,400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RONVOLFE MAYOR PRO TeM TAMnx NOTTINGHAM 0moegxmzmo COumo|umRa []EBe|EBuonLsY KnmnFERmxRo MmzMnDEmn Amy PHILLIPS BRmmS|pES TOWN STAFF TOWN ATTORNEY: JOHN Dumw TOWN CLERK: PATrYkOoKsmmv TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIEHALBURNT THIS MEETING |S OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH WORK SESSION AGENDA MEETING BEGINS AT 1:45 PM 1:45 PRO-2:45 PM 1' EXECUTIVE SESSION (John Dunn, Town Attorney) The topic meets the requirements ofC.R.8. 24'6-402(4)(b) - conferences with an attorney for the local public body for the purposes ofreceiving legal advice on specific legal questions. Meeting with Dick 8chaurerto discuss expenditures bvTraer Creek Metro District. 2:45 PKO-3:30PNN 2. EXECUTIVE SESSION (John Dunn, Town Attorney) Discussion pursuant to CRS 24-6- 402(4)(e). determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. Counsel will receive and discuss a report from the Town's financial consultant, Stan Bernstein. 3:30 PM — 3:45 PM 3' APPROVAL OF WORK SESSION AGENOA& COUNCIL ASSIGNMENT UPDATES Vail Valley Chamber & Tourism Bureau Update (Councilor Phillips) Eagle County Open Space Advisory Committee Meeting with Board of County Commissioners —an Update of that meeting (Mayor Wolfe) 3:45 F»RA —4:00 PM 4. Design Workshop — Town Center West & Main Street Public Improvements (Tambi Katieb. Community Development Director) Review and recommendation of proposal for work on Town Center & Main Street. 4:00 PA8-4:30 PM 5. STAFF UPDATES g. Street Name Changes (Norm VVnod. Town Engineer & Tambi Kateb, Community Development Director) Review of process for changing street names b� l[OVvn Manager Update (Larry Brooks, Town Manager) c. 2008 Budget Calendars (Scott Wright, Finance Director) Review dates net for budget discussions Avon Council Meeting. 05.04.26 Page of TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, APRIL 260 2005 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD WORK SESSION AGENDA — PAGE 2 4:00 PM — 4:30 PM 5. STAFF UPDATES - CONTINUED d. Traffic Enforcement on 1-170 (Jeff Layman, Police Chief) Discussion on traffic enforcement on the 1-70 corridor e. 2005 Street Improvements (Norm Wood, Town Engineer) Update on different configurations for the pedestrian crosswalk lighting f. New Businesses in Avon (Patty McKenny, Town Clerk) Memo only g. Consent Agenda Questions 4:30 PM — 5:15 PM 6. JOINT MEETING WITH EAGLE BOARD OF COUNTY COMMISSIONERS 5:15 PM 7. ADJOURNMENT Avon Council Meeting.05.04.26 Page 2 of 5 FINANCIAL MATTERS 1 11i 1. YTD Building Revenue Report Actual vs Budget - March 2005 2. Detail -Real Estate Transfer Taxes - March 2005 3. Accomodations Tax Worksheet Actual vs Budget - February 2005 4. Sales Tax Worksheet Actual vs Budget - February 2005 q oo oz) MS) <rs)r co 19 \9 qz N''N �- Or- mm E+ a-, . . . . . . . ✓'+ M, c0 N un Csr M C'- lSi l9 M ^) Ln M (n .-I Ln M M M u"' i Mm O- ,-+-O- r r ), �ccNU; ,HrOco M M ,-� - :H M 6; <P T Ln Lo d+ Ol 6l !R) ,HrO LnMrnco w co rl9Lnm l9 l9 �r T M N s 0 lO N l9 Ln M� Ln co N O N � H M O N O dl Cal Ln O mot' M M N EN Cn . cc) 1" co N O H ID 10 IP a' . . . 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Vista 05'08 12.507.60 Title Comp Rockies Mtn. Vista U5-0Q 8.427.80 Title Comp Rockies Mtn. Vista O5-10 9.678.20 Title Comp Rockies Lakeside Terrace U5-OQ 519.80 Title Comp Rockies Lakeside Terrace U540 464.90 Title Comp Rockies Lakeside Terrace 06-11 624.80 Elaine Acevedo & James Rehak Seasons @ Avon 518 8.600.00 Robert J.&8ay|eE.Steinke Seasons @ Avon 42S 7.200.00 Jeffrey Joel Bornandy Seasons @ Avon 314 6.960.00 Brian Collin Baugh Sunridga@ Avon E-1OS 3.498.00 BmonGmwie Sunhdga@Avnn 11 M-203 3.250.00 Todane|.Ame 8unhdge @ Avon |||-3U1 3.466.00 Derek & Leslie Zukoaky Avon Lake Villas C-1 5.500.00 Kurt A.KoUa\h& Sharon Anderson Avon Lake Villas 2S 8.000.00 David J. & Katherine A.Tyler Avon Center @B.C.S08 3.300.00 CndniPN.& John O'Brien Stone Creek Condo 1O1 1.500.00 Bonnie H. Rupp & Robert A.White Avon Crossing Condo 22O2 2.440.00 Christopher J.. Keith A& Mary Lammers Avon Crossing Condo ||2212 2.300.00 Jennifer H.& Michael VV.Schoenfeld Chapel Square B'313 8.200.08 Thomas A.Evans Edgeviow Villas #3 9.140.00 Randy H.& Kristen M.Belanger Sunset Tmwnhomea#4 3.200.00 Shelly LPnoohnmw Mtn. Shadows #1 2.800.00 Simone E.Homaeo Mtn. View Tovvnhomey#1 2.800.00 Timothy J.& Jessica K4.Ha/bnkken Draw Spur Tmwnhomaa#4 3.500.00 George L& Sue R.Carey Rookin'Honue Ridge ||A,2 10.400.00 Michael AHoed Skyv/ew Condo #4 3.118.00 William H.Jansen Lot 18 R|k2 VVR 8.700.00 Stephen & Cara Turner Lot 68 B|k3 VVR 6.240D0 Town of Avon Real Estate Transfer Tax Calendar Year 2005 Purchaser Name MatsenEnterpr000 Douglas C. Baird & Veronica Anne Clark John Don/o|Needham Boris & Sharon F.K4ominoff William A&LavnnneLHubbard The Pineapple Corp ofN.Florida Thomas & Alexis Jasper Property Lot 96 Blk1N0 Lot 7-E B|k3 VVR Lot 22-B B|k3 VVR Lot 24-B 8|k1 VVR Lot 81-8 B|k4 VVR Lot 45 Mtn. Star Lot 69 Mtn. Star Total March Revenue Total y0Revenue Total 2005 Budget Amount Receive Variance, Favorable (Unhavonable) 4,200.00 13,240.00 16,600.00 14,590.00 12,300.00 15,500.00 31,000.00 253,080.03 433,230.93 E 4) E jEm ca 2 -0 (D 0 O :3 0) CL .2 > m t0 p m c 75 m 0 0 o 0 -, LL < 2 '=) , < U) 0 z 0 .-0 -1 MIN Nm M (q 0 0 q q q q q q q q Cli C) c C) 00 C) C) C) C) C) 0 0 0 0 0 0 m 0 �; -1 0- 0- C-D C14 E 0 0 C) rq "!z t= o ti m c"I m U') o c) 0 0 0 C> C) 0 (D O Cli oc� coq GS Goq bs V) Goq rf] .M W 00 CY) C) 00 Lf) 0 C; C- i U M 0) C\j LO LQ m IQ 0 0 C, C'4 bq N C) C) N C) �t a r,-� q 7 r*-: 0� " C? Oi (0 1- CO r- LO to It CN CD 0) It CD N M - CO r-- N N 0 r- N F— Lo 10 -1 N �; - C'! cl� Cl IQ cl! G! LQ 0) C) 0) C14 Lo 00 0) C\j 00 0 M 0 C14 LU a 0 :3 04 't LO to ;: - N - - - LO N `' LLJ t- 00 (0 fl: Lq U? (3� 0 CO C\l CO C) -,t cq q LQ C� C, cq O a CY) OC) (:D Lr) Lo 0 OC) 'T 0 CY) C:) O �4 CO I c! cc� IYI (31 C� LQ '41 cl! v! 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Sr W 0 U - U O L! 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O N 7 O O N M O N L V V J VVCTB Update - Amy Phillips Avon Town Council Work Session April 26, 2005 There will be a board retreat for the Vail Valley Chamber & Tourism Bureau May 4 & 5, 2005. The purpose of the retreat is to review and analyze the 7 strategic initiatives from the 2005 plan. • The board will be considering the cost/benefit of each point for future implementation and budget. • The board will be making recommendations on each point • Increase focus • Decrease focus • Eliminate program/point I have attached the 2005 Strategic Initiatives & Objectives. I appreciate any comments you may wish for me to bring to the table. 2005 Strategic Initiatives & Objectives I. INCREASE THE NUMBER OF GROUP VISITORStBECOME THE SALES AGENCY FOR CONFERENCE CENTER unity during 2005 RE-sp Goal: Generate 52 1 million in Group Lodging Revenue for the Comm Objectives: Formalize Lodging Advisory Council as budget approving body for Group Sales is Expand "partnership" list to include signiflcant, vocal Vail Business supporters RL Develop Conference Center "hit list" into tangible, viable business list is Develop common 'positioning" for group sales rotoc, community -wide is -market representation is �\\u Expand sales effort through in IA Disseminate group related news to appropriate audiences 2. DEVELOP REGIONAL MARKETING PROGRAMS FOR LEISURE GUESTS AND SPECIAL EVENTS Goal: implement funding for Air support and Mrk-to, Programs that is regional in scope Objectives: F1 Expand Air Program Coordination Develop Service Quality Assurance program to complement Lodging Quality program KMc[ Maintain BC Group Sales & Marketing contract KMcl Maintain VLMD Marketing contract KMcl Increase focus on Participant - generating special events in Group Stiles program is Develop communications supporting PRIMA, Teva, Spring Back, Non -Profit Network TA 3. INCREASE LEISURE TRAFFIC THROUGH CENTRAL RESERVATIONS Goal: Generate $1 865millon in sales, including $500,000 in Internet sales Objectives: Build VailonSalestSteepSovers to produce $175,000 in sales KB Create 5 other "Partnerships" to distribute interact booking sites KB Expand activity booking capabilitiestdistribution of Concierge website K13 Develop targeted marketing campaigns to support each season and event KMcl Expand partnership with Vail Resorts KMcl Effectively communicate pack-ages and specials to targeted audiences KMcl I A. DEVELOP ECONOMIC /BUSINESS AFFAIRS COUNCIL INTO REGIONAL LEADERSHIP ORGANIZATION Goal: Fund Council activities/Suppori 3 "winning" Regional Initiatives Objectives: F) Expand/lcvcrage Board of Directors with more "influencers" Develop Economic/Business Affairs Council with influential leaders FJ Generate Funding from Council to support Economic research, Legacy projects, FJ and staffing for local public affairs support Institute "Public Affairs" committee to screen and develop slate of issues R.L. (ie Rgl Funding for mrktg Can(' Center Mgt . Merchant Pass Improvement???) R.L. Convene local Business Organizations to develop issues of shared concerts RL- .Maintain 1000 "high leverage" partners for political advantage Focus "partner power" on advancing the issues selected' Maintain effective local communications program to promote the organization lA 5. DEVELOP A BUSINESS MODEL FOR PROGRAMS THAT ARE FINANCIALLY SUSTAINABLE Goal: Produce $43,000 in net operating income at year end Objectives: Implement Finanace Committee for increased accountability to stakeholders KH Implement "Plan to Win" monthly departmental metries/aeeountabiiity F J /KF Develop "benefits - value" that is relevant for potential partners RL Develop relationships with VRI to become "partner" in their application of KMcI merchant pass program RC' Generate $SO ,000 from dues income /sponsors ' "fully KB /J, Assure that CenRes and Group Sales pay their loaded" way Develop cooperative marketing programs that are true "values" to partners and KMcI pay their "fully loaded" way IA Develop other contracts for services to offset cost ofCommunirations Dept Refocus Marketing Department resources to provide more support to organization KMcL Restructure Ldg Quality property contracts for more upfront payment K.Mc[ Maintain contracts to offset cost of Communications Department IA e 6. EXPAND THE IMPACT OF THE COMMUNITY HEALTH PLAN Goal: Serve 1500 lives by year end Objectives: RL Build expertise on Health Care Advisory group \J Focus sales energy through most productive brokers RL. Develop clearer "educational" materials RL/K1 Maintain focus on marketing to businessestconsumcts through Pacif icare KMcl 7. DEVELOP A "VALUE EQUATION" FOR RETAIL PARTNERS Goal: Increase penetration into retail community by 200/0 Objectives: RL Establish current retail penetration Identify potential partners by area and type of business RL Develop plan to maintain 1000 partners while "upgrading" to include more influential, RL "loveragable" partner groups KMcl Develop relationships with VRI at all levels to build a merchant pass program that accomplishes their goals and solidifies our position as influence leader in business community N Develop "Retail Advisory Council" of neighborhood merchant groups to assist with RL program identification, etc. Schedule "Town Biz Meetings" in each core community 2X per year RL Host 2 retail-focused educational programs R1. RL Create job fair to support small employers 111 DEPARTMENTAL MISSIONS COMMUNICATIONS The mission of the Communications Department is to promote the organization and the region through targeted communications with internal, external, local, and national audiences. FINANCE & ADMINISTRATION The mission of the Finance and Administration department is to increase productivity company-wide through developing financial stability, attracting, retaining, and developing exceptional staff members, and providing outstanding technical support. GROUP & CONFERENCE SALES The mission of the Group & Conference Sales Department is to be the recognized leader in driving year 'round economic prosperity of the area by attracting new business, proactively supporting the future Vail Conference Center, and responding to the needs of our current client base. MARKETING The mission of the Marketing Department is to support and promote our partners through valuable collaborative marketing programs, while effectively promoting the organization and community to local and regional audiences. PARTNERSHIP DEVELOPMENT The mission of the Partnership Development department is to attract and retain VVCTB partner businesses through valuable programs, services and events that increase their customer base and help them reduce their cost of doing business. QUALITY ASSURANCE The mission of the Quality Assurance Department is to ensure consumer expectations are met or exceeded by providing local businesses with programs and tools, which enable them to improve lodging quality and service levels. VISITOR SERVICES The mission of the Visitor Services department is to distribute business among our regional partners by selling and referring their products and services in traditional and innovative methods with our exceptional customer service, professionalism, and expertise. 0 I J� L:41 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Direc — Date: April 19, 2005 Re: Design Workshop — Town Center West and Main Street Public Improvements Proposal Summary: The attached Request for Proposals was transmitted to seven design firms, posted in the Vail Daily and noticed on the Town website. We received three proposals in response to the Request. The three Proposals received were: Design Workshop EDAW RNL Design $ 136,195.00 $ 113,541.00 $ 113,206.00 Following review of these Proposals by staff and with the Community Development Subcommittee, we recommend the Town Council accept the attached proposal from Design Workshop in an amount not to exceed $ 136,195.00 for design services described in the Proposal and in accordance with the Request for Proposals. Discussion: The Request for Proposals is based upon the schematic design of desired public improvements that will eventually comprise design documents for the Town Center Plan project. This action is the first phase of implementation of the public improvements identified in the Town Center Plan, and further refined and reaffirmed by Town Council earlier this year. After distribution and review with the Community Development Subcommittee, we recommend that the Design Workshop proposal be selected as it presents the most cohesive and flexible approach to the entire project. The approach proposed by Design Workshop offers ultimate flexibility and innovative public involvement, including a phased approach to final design documentation for each component of the preferred design alternative. Unlike the other two proposals, the costs provided in the Design Workshop proposal do not quote pricing for subsequent design drawings until both the Town and the consultant agree on the schematics. This flexible and refined approach is advantageous because of the potentially broad range of schematic choices (and subsequently, public costs) for certain elements of the project, such as the parking structure and the intersection of Main Street between the Recreation Center and the Library. Additionally, their approach is rooted in streetscape design that acknowledges anticipated economic development in the area as well as featuring an intensive community design Charrette that allows us to fully refine our preferred proposal on the front end of this multi- year public improvements project. Financial Implications: This project is currently budgeted at $ 1,100,000 in the 2005 Capital Projects Fund and Capital Projects Fund Budget. The total project cost is not to exceed $136,195 for the concept documents and streetscape design. Detailed Design drawings will be separately estimated as we determine the appropriate phasing for the project based on funding priorities. Recommendation: Approve the Proposal for Town Center West & Main Street Public Improvements as submitted by Design Workshop. Staff will prepare a contract for signature at your May 3, 2005 meeting. Proposed Motion: " I move to approve the proposal for Town Center West & Main Street Public Improvements as submitted by Design Workshop, authorizing staff to prepare a final contract document for signature at the May 10, 2005 Town Council meeting." Town Manager Comments: eld el,�A_ If s � r R ?t - "'w`%�'�� ° - ✓ �`` Via.✓ -- ° �- �';sc"� �`�,, � f y- r,�'` �s�:. • z� C. �� .�, �,c' -- �- 'mil, -tom ,�l%2- �' .- Attachments: Exhibit "A" - Town Center Request for Proposals Exhibit "B" - Proposal- Design Workshop FACounci1\MEMOS\2005 \Town Center RFP Memo 042605.doc Y Town Center West & Main Street Public Improvements Town of Avon, Colorado Proposals Due: By 5:00 PM, MST April 1, 2005 Introduction and Background The Town of Avon is soliciting proposals to prepare a Master Plan for a combination of components that when combined form the essential public improvements outlined in the Avon Town Center Implementation Plan. The primary goal of this RFP is to produce preliminary design documents of such a level that they are used as the basis for final design and construction documents for public improvements including Main Street, Benchmark Court, Avon Transportation Center, realigned Benchmark Road and a public parking structure. In 2001, The Town of Avon adopted the Town Center Implementation Plan ("Town Center Plan") which outlined a phased approach to certain public improvements required to create renewed vitality to this sub area. The need to move forward with pubic improvements outlined in the plan is particularly timely, with several vacant properties in the area contemplating construction within the next 1 to 2 years. The design and construction of the public improvements outlined in the Town Center Plan are premised on several key goals and objectives, including: ♦ "Growing bed base and retail functions, without an identified community center" ♦ "An opportunity to integrate transit and pedestrian activities in an efficient and cost effective manner" ♦ "Convenient parking is critical" ♦ "Avon Town Center cannot emulate Vail or Beaver Creek models..." ♦ "A more appropriate model relies on local resident activity... And traditional main street community functions to create an active and diverse marketplace" A copy of the full Town Center Plan is viewable at our website: www.avon.org/forms/``CommDEV/TownCenterImplementationPlan.pdf The design of these public ways and public improvements will incorporate both broad goals and objectives and the specific design parameters as outlined herein. Experience & Background Successful Consultant Team will demonstrate experience in the following areas: 1. Multi-Use and Transit/Pedestrian Oriented Site Planning, Design and Landscape Architecture in a Mountain, Urban, Resort Type Setting 2. Site Surveying and Topographic Mapping in a Partially Developed Urban/ Resort Setting 3. Civil Engineering Design including Grading, Drainage, Streets, Pedestrian Ways, Railroad Crossings and Utility Relocations/Adjustments 4. Parking Structure Layout and Design 5. Multi-Modal Public Transportation Center Layout and Design 0 Scope & Design Goals The scope of the public improvements project for Main Street and the Town Center public improvements program shall consider the following overall public design goals: - Create an enticing atmosphere that is visible, unique and supportive of the bed base that surrounds it. - Create a public improvements project where the vehicle is subservient to the pedestrian and a streetscape that is oriented towards public functions and events. - Create a Main Street that is physically connected to Nottingham Park, serving as a logical extension and venue for public special events. - Create a Main Street that is anticipated to full closure for pedestrian-only events, however providing for vehicular connectivity to the public parking improvements and the Confluence project site. - Create a Main Street that is easily visible and transparent to visitors on the east end, as viewed from Avon Road. - Create a design theme and landscape that is cohesive and enhances the pedestrian and retail experience as build-out and redevelopment is anticipated in this area. - Provide a comprehensive integrated sign and landscape program that is oriented at a pedestrian scale, easy to understand, and provides directional clues to visitors necessary to encourage a 'park once, stop many' experience that is inclusive of the civic functions (recreation) and public artwork opportunities, transit center and Confluence experience. In addition to the broad public design goals, the following specific design parameters are requested with respect to individual portions of the project: 1. Main Street (Benchmark Road at the existing bus center to Benchmark Road west side of Recreation Center) shall be designed to: - The full extent of this roadway shall be open to both pedestrians and vehicles. - The design of the roadway shall be pedestrian oriented, anticipating that the entire length will be closed periodically for public events and the Town may determine at a future date to close this street to vehicles permanently. No primary vehicle access to existing or future projects (Lot 61, Lot B) will be permitted from Main Street. - The design of the roadway shall accommodate on-street parking. The design should limit speeds to 10 to 15 mph to create an atmosphere where the pedestrian takes priority in the streetscape. The design should also be such as to accommodate some form of future limited public transportation system. 2. Benchmark intersection at the library and Main Street shall be designed to: - Allow for vehicular circulation either at grade or below grade, however providing for continued access and parking for the library. Both scenarios shall be submitted with cost estimates and design considerations for Main Street and associated public improvements as necessary to adjacent ROW. 3. Benchmark Court shall be designed to: - The full extent of this roadway shall be open to both pedestrians and vehicles, however be closed periodically for public events and the Town may determine at a future date to close this street to vehicles permanently - No primary garage access to Lot 61 or the Seasons shall be permitted from Benchmark Court. N... - Create an invigorating and inviting pedestrian streetscape that is fronted by retail and has secondary access to the Lot 61 residential project. - Model the streetscape to work in concert with and anticipate the 'build over' entitlements currently assigned to the Lot 61 PUD. 4. Municipal Parking Structure shall be designed to: Be implemented and constructed in a phased approach, anticipating a total parking capacity of 350 to 450 cars over 3 levels. Have the ability to be architecturally consistent with the streetscape project and have the appearance of a public facility screened with ground level retail lease opportunities. Have pedestrian and vehicular connectivity that is consistent with the design solution of Main Street and the Benchmark Road intersection, providing access to the public library and recreation center. Anticipate the 'Phase II' improvements of the recreation center, providing for a landmark public recreation opportunity fronting the Main Street that is visible and enticing (i.e. a climbing wall or transparent view into the final phase of the recreation center) at full build-out. 5. Benchmark Road & Surface Parking Realignment shall be designed to: Realign from Beaver Creek Boulevard to intersect with western terminus of Main Street at Nottingham Park and extend on across Railroad to provide access to Confluence Site. Include on-street angled and/or parallel parking and sidewalks for access to Recreation Center and Nottingham Park. Provide access to Sheraton parking and delivery location, proposed public parking structure and development on west side i.e., Beaver Creek West. 6. Transportation Center shall be designed to: - Accommodate a minimum of five (5) 45-foot buses simultaneously with each being capable of entering or exiting the center independently. - At least two (2) spaces must be able to accommodate buses coming from the East on Benchmark Road and returning to the East on Benchmark Road. Be accessed from both Easterly and Westerly directions of Benchmark Road. Interface with Benchmark Court pedestrian and vehicular traffic and enhanced pedestrian crossing of Benchmark Road and Railroad to Confluence Site. Interface with Benchmark Road and existing entrances to the Seasons property. Interface with potential underground parking entrance to Lot 61 from Benchmark Road. Interface with two-way traffic on Benchmark Road. A map outlining the specific locations of each portion of this project is viewable at: www.avon.orq. Deliverables & Schedule The schedule and deliverables should be based on acceptance of proposal at the April 26, 2005 Council meeting and be generally consistent with the following anticipated project schedule. The project is phased in largely two tiers with distinct phasing in each tier- information gathering and preferred concept review and final streetscape design documentation- and the deliverables should be tailored with flexibility to accommodate the public improvement schedule being phased as both public funding, timing with new development construction in the sub area, and Council policy dictates over the next 5 years. Tiers, Phasing and Deliverables are as follows: Tier I- Information Gathering, Mapping and Concept Review Phase I. Information gathering, topographic surveying and mapping. (Surveying and mapping shall of sufficient accuracy and scale to complete final design and construction drawings. As a minimum, topographic surveys and maps shall meet national map standards accuracy for a scale of 1-inch equals 10-feet and a contour interval of 1-foot.) Target Deadline: May 26, 2005. Phase II. Development of conceptual layouts for landscape/streetscape/pedestrian areas, parking structure, transportation center and street configuration. Conceptual plans should also address integration of "Town Center Plan" improvements with the Recreation Center, Nottingham Park, adjoining properties and proposed railroad crossings. Target Deadline: June 28, 2005. Phase III. Review alternate design concepts with Town Staff, Planning & Zoning Commission, Town Council and general public. Develop preferred concepts from input received in above reviews and public meetings. Conceptual perspective drawings will accompany layouts. Target Deadline: June 28, 2005 - July 26, 2005. Tier II- Streetscape & Public Improvements Design Documentation Review Phase IV. Develop preliminary integrated plan for all components of the Town Center Plan including street configuration integrated with transportation center, proposed railroad crossings and parking structure; landscape, streetscape, and pedestrian area layout with materials; parking structure layout with sections and elevations; and transportation center layout with sections, materials and details for integration with pedestrian and vehicular circulation. Refined perspective drawings will accompany plan. Preliminary plans will be reviewed by Staff, P&Z and Council. Target Deadline: July 26, 2005 - August 23, 2005. Phase V. Develop Preliminary Plans for individual components of the Town Center Plan. Preliminary Plans shall be fully dimensioned both horizontally and vertically and details for visually critical elements shall be clearly defined. Cost Estimates shall be provided for individual components and the fully integrated, completed project. Target Deadline: September 20, 2005. Me Selection Process Please respond to this Request for Proposal as follows: 1. All completed proposals shall be submitted to the Community Development Department at: Town of Avon Community Development C/o Tambi Katieb, Director P.O. Box 975 Avon, CO 81620 All proposals must be received by 5:00pm MST, April 1, 2005 2. The proposal shall be for all surveying, streetscape design and engineering design services as required for the above described project. 3. Proposals shall include resumes of selected individuals that will be working on the project both as field and office personnel and supervisors. Pertinent Colorado Professional Licenses and Certifications shall be included. 4. Proposals shall contain a detailed description of services proposed at a base fixed cost and a rate table including, but not limited to, hourly fees, reimbursable unit costs, and company policy for billing travel time and or mileage. Proposal shall also include a detailed project schedule identifying steps and completion dates for each. The following should be noted in response to this request for Proposal: The Town of Avon is an equal opportunity employer, and complies with the requirements of the American with Disabilities Act wherever pragmatically possible. The Town of Avon reserves the right to reject any and all proposals, to waive any irregularities, and to make an award in such manner as they may deem right and proper for the best interest of the Town of Avon. Questions concerning this proposal should be addressed to Norman Wood at 970 -748- 4045 or at the above address. Please note that answers to questions asked by a participant will not be distributed to the other respondents. Thank you for your time and efforts in response to this request. Sincerely, Tambi Katieb, AICP Community Development Director Norman Wood, P.E. Town Engineer N Alk • To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer ��*7 Tambi Katieb, Community Development Director Date: April 20", 2005 Re: Street Name Changes Summary: At the April 12, 2005 Council meeting, staff was directed to review the procedures for changing street names and identify potential impacts of name changes. The Avon Municipal Code does not include a specific process for changing the names of streets. Consequently we have assumed, the process for changing a street name should be the same as the process for naming a street. This is summarized as follows: 1) Preliminary Plan Submittal Includes Street Names 2) Preliminary Plan Acted on by Town Council Following Public Hearing 3) Street Names Subject to Approval of Town Council 4) Town Council Action on Preliminary Plan and Final Plat by Resolution Subsequently, it seems that the appropriate method for changing the name of a street would be: 1) Publish Notice of Public Hearing with Respect to Proposed Street Name Change 2) Town Council Hold Public Hearing on Proposed Street Name Change 3) Town Council Action on Proposed Street Name Change by Resolution Previous Council Action: On March 22, 2005 Town Council adopted Ordinance 05-02 adding the following criteria for determination of street names: Names of streets shall be subject to the approval of the Town Council and shall be consistent with the following criteria: (a) Names shall relate to one or more of the following: (1) The history of the state, the Town and the area, including persons associated witil, that history. (2) Skiing and the history of skiing. (3) Local flora and fauna. (4) Local geography, including creeks, lakes and mountain peaks. (5) The American West, particularly including farming, mining, ranching and Native American culture. (b) Names of living persons are discouraged. (c) Names shall be consistent with the surrounding area, so as to avoid duplication with names of other streets in the Town and adjacent subdivisions of unincorporated Eagle County. Prior to the above referenced amendment, Section 16.40.130 of the Municipal Code stated, "Names of streets shall be subject to the approval of the Town Council and, wherever applicable, shall be consistent with the surrounding areas." Discussion: Street name changes may be highly desirable from a number of perspectives but should only be undertaken after full consideration of the potential impacts. In some cases a name change may help clarify directions in the long term such as in the case of discontinuous street names such as Metcalf Road to Wildridge Road. However in the short term it may create a great deal of confusion due to the number and variety of street maps in existence and their continued use well after the name change. The resultant address changes also has wide spread effects on utility companies, emergency service providers, businesses and residents. Depending on the extent of the street name changes, it may be difficult to convey the proposed name changes to local, regional, state and national mapping companies, including post office, delivery services such as UPS and Fed Ex, Eagle County, phone directories, CDOT and the Census Bureau. A street name change may also result in private property owners and businesses incurring significant expenses to change advertising (business cards, stationary). Street names in The Village (at Avon) were originally approved by the Town Council under the process as outlined above, but may not be subject to change as outlined above. The streets in The Village (at Avon) are public streets but are currently dedicated to Traer Creek Metropolitan District rather than the Town of Avon. Subsequently, it is likely that approval of the Traer Creek Metropolitan District would also be required in addition to the above outlined process. Recommendation: If Council desires pursuing a change of names for some streets in Town, we recommend the following: 1) Identify potential streets for name change 2) Establish proposed names for identified streets 3) Publish Notice of Public Hearing for proposed street name changes 4) Hold Public Hearing on proposed street name changes 5) Adopt street name changes by Resolution • Page 2 Town Manager Comments: 61--Zl • Page 3 • To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo Date: April 21, 2005, Re: 2006 Budget Calendars Summary: Attached is the 2006 operating budget calendar and CIP budget calendar for your review. Please pay particular attention to the dates specified for the Town's budget retreat. While not urgent as of yet, we would like to confirm these dates as soon as possible because they dictate to some degree the budget hearing and adoption dates. Staff would like to schedule a roundtable discussion with Council at the next worksession to discuss CIP priorities and further scheduling details regarding the CIP budget calendar. Because of the focus on certain high - visibility projects in this year's CIP budget, we are proposing to begin the budget process earlier than in prior years. In addition, operating budgets may be affected based upon which CIP projects go forward and their timing of implementation. Town Manager Comments: we Life Trqx:�nj or-td)er to 4r f�e t1idi tt rttreajt- A— Attachments: A — 2006 Operating Budget Calendar B — 2006 CIP Budget Calendar Page 1 TOWN OF AVON 2006 BUDGET CALENDAR Mon., Jan. 3 Adopted budget incorporated into accounting system Deadline for filing certified copy of the budget with Mon., Jan. 31 Division of Local Governments 4121/2005, 12:04 PM Page 1 Attendees and Date Description Responsible Party Time Place Budget kickoff Meeting - worksheets, capital outlay requests, personnel requests, detail line item 9.30 a.m.- Conference Wed., June 15 justifications. Dept. Heads & Staff 10:30 a.m. Room Budget worksheets for 04'revisions, 05' budget requests, staffing requests, capital outlay requests, narratives, and revenue manual sheets and backup Mon., Aug. 1 due to Finance Department Dept. Heads Mon., Aug. 1 Budget narratives due to Town Manager Dept. Heads Fri. Aug. 12 Non - profit requests for funding due to Town Clerk McKenny Distribution of 2006 proposed budget to Council and Thur., Sept. 29 staff Wright Wed./Thur., Oct. 5 & 6 Budget retreat with Council Staff; Council TBA TBA Mon., Oct. 24 Notice of Public Hearing published in local newspaper McKenny Council Tues., Nov. 8 Public Hearing on budget Council TBA Chambers Council Tues., Nov. 22 Adoption of Revised 2005 Budget Wright; Council TBA Chambers Council Tues., Nov. 22 Adoption of 2006 Budget Wright; Council TBA Chambers Council Tues., Dec. 13 Certification of mill levy to County Commissioners Wright; Council TBA Chambers Mon., Jan. 3 Adopted budget incorporated into accounting system Deadline for filing certified copy of the budget with Mon., Jan. 31 Division of Local Governments 4121/2005, 12:04 PM Page 1 TOWN OF • 2006 CIP BUDGET - -1D i Attendees and Date Description Responsible Party Time Place Council Worksession. Review CIP Budget Calendar, Tues., May 10 discuss Council CIP priorities Wood Tues., May 24 Possible CIP Budget Worksession. June through August 6 Possible CIP Budget Worksessions. Distribution of 2004 proposed budget to Council and Thur., Sept. 29 staff Wed. /Thur., Oct. 5 & 6 Budget retreat with Council Notice of -Public Hearing on 5 -Year CIP published in Mon., Oct. 24 local newspaper Tues., Nov. 8 Public Hearing on 5 -Year CIP Tues., Nov. 22 Adoption of 5 -Year CIP w/ Current Year Revisions 4/21/2005, 12:09 PM Page 1 Council Staff; Council TBA Chambers Council Staff; Council TBA Chambers Wright Staff; Council TBA TBA McKenny Wright Wright MEMORANDUM To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police 'Date: April 19, 2005 Re: Traffic Enforcement on I -70 Summary Municipal Judge Buck Allen recently proposed the idea of assigning Avon police officers to I -70 to provide additional traffic enforcement. He asserted that there is little traffic enforcement on I -70. He suggested that Avon police officers should spend time on I -70 in order to slow traffic in the area and to increase revenues. This discussion should center on accident prevention and public safety and how additional traffic enforcement on I -70 will serve our citizens and guests. Previous Council Action: I am not aware of any past council action regarding the encouragement of Avon police officers providing additional traffic enforcement on I -70. Last year, however, we discovered that I -70, east of the Avon interchange (Exit 167) had not been annexed during the Village annexation. Council agreed with our assessment that the Avon Police Department would no longer provide coverage for traffic accidents on that stretch of road. We alerted the Colorado State Patrol of this decision and they have covered accidents there since. As a matter of practice, the Avon Police Department does not provide traffic enforcement on any portion of I -70. Discussion: Judge Allen's proposal followed his assertion that there is little traffic enforcement on I- 70. From experience, I would agree that the Colorado State Patrol and Eagle County Sheriff's Office do not actively enforce traffic laws in incorporated towns and cities. However, should we request increased presence from the ECSO, Sheriff Joe Hoy has assured me that he would do so, within the limitations of his resources. Last spring, the Town of Vail began a program to reduce noise and speeding on I -70. This plan grew from discussions with town council regarding noise abatement on I -70. However, it became evident vehicle speed was a significant contributing component to noise. As a result, the conversation expanded to a discussion of a more comprehensive traffic enforcement strategy rather just a "noise only" enforcement effort. Between April and December 2004, the Vail Police Department spent almost 1,000 man - hours patrolling I -70. Officers wrote over 750 warnings and 107 citations. The average speed of these citations was almost 86 MPH. They made 93 arrests in connection with these stops. The program appeared to have reduced accidents by almost 27 %. They have noted no appreciable increase in revenues. I -70 is within the Avon town limits for approximately 3 1/z miles, from milepost 164.5 to MP 167. As noted earlier, we no longer respond as the primary law enforcement agency for accidents and other events east of the main Avon interchange. We do, however, assist the state patrol with lane closures or other tasks to help them clear more quickly. The Avon Police Department has investigated 18 accidents on our portion of I -70 over the last six months. We have had one fatality during that time. I believe Judge Allen is right when he states that speeding related traffic deaths are increasing on I -70 through Eagle County. We have had examples of teenage drivers arranging drag races in our town and on one occasion, two young drivers collided on our I -70 entrance ramp on their way to race. This kind of behavior is obviously dangerous to all of us. A town having a reputation as a "speed trap" may not necessarily be a bad thing. It probably means that local drivers will slow down while in the area. Financial Implications: Judge Allen has suggested re- deploying an officer for a couple of hours per day to this task. Certainly, this could be done. However, I am concerned that doing so will reduce the level of service provided to citizens. Our officers' time is fully allocated. By using existing, scheduled officers to work I -70, we run the risk of reductions in service. Additionally, increased attention to I -70 will produce arrests. In Vail's case, 10% of stops resulted in an arrest. While this is beneficial to society, in terms of getting wanted persons off the street, it does result in increased report, transport and court time for officers. This reduces their availability to respond to calls for service in town. If using existing, scheduled officers were off the table, I would see two alternative approaches: 1. Hire a new police officer to provide this service. The total compensation (including benefits) of a starting police officer in Avon is $61,063. Other expenses incurred would include: Overtime $6,400 Uniforms $875 Firearms and Weapons Supplies $640 Gasoline $1,200 Training $400 The total cost to provide this officer is approximately $70,000. This does not include the opportunity costs incurred during our recruiting, selection and field training operations. This officer may be expected to produce $67,500 in revenue, assuming Judge Allen's suggestion that three six -point tickets per day could be written. This would not include other citations that could be written of a lesser amount. It also assumes the maximum fine would be charged. This officer, if dedicated to I -70 on a full -time basis, would probably produce more. If not, he could certainly provide other services to citizens and guests. 2. Budget overtime dollars to hire off -duty Avon officers to provide the service. If we wanted to pay for an officer to work five hours per day for five days a week, at an average OT pay of $36 per hour, we could expect to pay about $46,800 in one year. Practically speaking, however, we probably would not be able to get officers to sign up for all of the overtime offered. This approach could be expected to produce $39,000, using Judge Allen's suggestion that three six -point tickets could be written per day. Again, it does not include other citations written on lesser charges. Since we do not regularly work I -70, it is difficult for us to calculate how many traffic tickets we could write. It is also different than in Vail where the speed limits are lower. The speed limit on I -70 eastbound through Avon is 75 MPH. We have a short section of 65 MPH zone from MP 167 to just west of MP 166. The rest of the westbound section is 75 MPH. Vail has a mixture of speed limits, none of which is 75 MPH. As mentioned earlier, the sheriff s office, if asked, is willing to increase their presence on I -70 in our area. Finally, I was recently made aware of an alternative approach to adding officers that we may want to investigate. It involves placing electronic devices along the roadway that emit energy that is interpreted by mobile radar detectors as a police radar unit. Such a program would certainly slow non -local drivers who use radar detectors. We have not had time to fully evaluate this option. To: Honorable Mayor and Town Council Thmm: Larry Brooks, Town Manager Fromm: Norm Wood, Town Engineer Jeffrey Schneider, Engineer |//' Date: April 21.2005 Re: Staff Update, 2O05 Street Improvements Bids for the 2005 Street Improvement project were opened On April 1' 2005 and E|@nn C0OS[nuCtiOn' Inc. was |Ovv bidder and subsequently awarded the CODt[8Ct. The bid was @vv8rd8d at the Anh| 12' 2005 Town Council OleGdDg with Change Order 001 which removed the $323.000 |iD8 item for in-pavement crosswalk SVSt8nn iOSiaU@UOD. Staff has been FeS88[ChiOg different DODfigu[GbOOG Of p8d8Sth8O CnOSsvv@|h lighting. It appears that one of the more significant components of the COSt of system inSi@||atiOD is the control units which h0US8 the 8|8Ctnonio nQD{nJ|S, power, dDliOQ. 9io. This appears to be largely the result Of purchasing pre-packaged systems from vendors. Data obtained from the City of Boulder indicates that the simple control sySt9rDS can be rn8d8 in-house for substantial cost savings. Since 8 substantial portion 0f the cost associated with implementing this technology appears h3 be the C0ntnOi SvataDl3, and it S98OlG evident that 8 self-designed SySt8nn could be substantially |eSS expensive. Consequently, staff recommends contracting with an E|8CtriC@| Engineering firm to design a custom crosswalk configuration consisting of a system similar to those found in attached Exhibits A-C. standard pedestrian signs embedded with LEDs (Exhibits A and B). and flashing beacon lights (Exhibit C). The chosen system could then be implemented after the milling and overlay of Avon Road is complete, and would essentially be 8 separate project. The signs VV0UN be placed at either end Of each direction coming in and out Of the F0uDd8bOutS. SO each nU8dvv8y VYOU|d have 16 signs (two VO either Side of the direction of travel). Staff also r8CODlDleDd8 iOSt8||8U0n of push button C0DLnD|S not only OO either side Of the road, but iD the medians @S well tO ensure pedestrian operation. C:\Doomnents\ Installing pedestrian lighting systems 8L one O[ two select intersections along Avon Road for 8 test period might be 8 beOeDC8| approach. This will give the opportunity for rnOinhsts and pedestrians to use the system, and will also allow for the gathering of compliance and usage data. |f favorable data iS obtained, the system can b8 installed throughout the planned area. If unfavorable data is obtained, the system can be either removed at a fraction of the potential cost, O[ modified prior tO full-scale implementation. Staff recommends conduit be added beneath the asphalt during the replacement of the existing Cn}SSvv3|kS tentatively scheduled to begin the 1't week Of May and we contact on d8Cthma| engineer with respect to design of control aystarO for the p0t8nU8| CnOosvv@|k signs. Staff also requests feed back from Council with respect the Potential crosswalk sign types. Town Manager Comments: EXHIBIT A • Page 3 q� 'A 0 Page 4 EXHIBIT C • Page 5 I111111L�J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny *11� Date: April 21, 2005 Re: Business Registration Update for Avon Summary: A request has been made to include a list of new businesses in Avon in your packet, so below are the new businesses and closed businesses for March & April. New Businesses Name of Business Facials by Design, Inc. Sturm Financial Group d /b /a American National Bank Street Address 160 W. Beaver Creek Blvd 71 Beaver Creek Place Type of Business Service - Skin Care Professional - Bank Open Home Date Office 3/1/05 no 3/1/05 no Countrywide Home Loans, Inc. d /b /a 15 Benchmark Road, Ste 202 Service - Mortgage 3/31/05 no America's Wholesale Lender Lending Vail Valley Services, LLC 281 Metcalf Rd, Unit 107 Service - Home Care 4/1/05 no Mountain Lovers, LLC d /b /a 82 E. Beaver Creek Blvd, Unit 102 Retail Sales - clothing 5/1/05 no Mountain Lovers Clothing Exchange & Boutique Terminated Businesses Name Date Terminated Time Off Outdoors 2/28/05 America's Back, Inc. 2/28/05 Seaton International, Inc. 3/25/05 Town Manager Comments: Lic # Reason 2003 -58 Phone # disconnected Closed 2/21/05 2003 -26 No longer in business Discussion Topics For Joint Meeting of Eagle County Board of County Commissioners and Avon Town Council April 26, 2005 Eagle County and the Town of Avon have several common goals, as indicated in our respective draft Comprehensive Plans. We hope that this joint meeting will be the first of many in which we can explore ways to help each other achieve our common goals. Topics for this Meeting: 1. Avon Whitewater Park. Avon has engaged Hydraulic Design Group to design a whitewater park, in Avon. Beaver Creek Resort Company and East West Partners have contributed $5,000 toward designing the park and will likely provide some funds for constructing the whitewater park. Avon respectfully requests a contribution of $50,000 from Eagle County to help pay for construction of the park starting in the fall of 2005. The County's support would be consistent with the following policies of the Eagle County Comprehensive Plan: County Policy 9.1. Encourage and support the use of a wide -range of community and resort facilities that make up the tourism industry and recreation infrastructure. Advance year - round, multifaceted tourism opportunities to broaden the economy and for the benefit of residents. County Policy 32.6. Provide better facilities and access for recreational river users. Explore potential for a whitewater park. 2. Transit Center. Avon is implementing plans to construct a new transit facility that will be used by both Avon and ECO buses. The current transportation center, which is used during peak seasons for more than 170 stops per day by the Avon buses and more than 150 stops per day by ECO buses, provides room for only 3 buses at a time. In addition, the buses in the back of the line cannot exit the transportation center until the buses in the front of the line have exited. The new transit facility will allow 5 buses to enter and leave the transit center independently. This transit center will be adjacent to a pedestrian path crossing the railroad tracks into the confluence area, and is also adjacent to the railroad right of way in the event that this corridor is used for transit or trails in the future. Avon has initiated a condemnation action for the land underlying the transit center, and has offered $674,800 to acquire the land in the fall of 2005. Avon respectfully requests a contribution of $200,000 from Eagle County toward the purchase of land for the new Avon transit facility. This pledge would be consistent with the following policies of the Eagle County Comprehensive Plan: County Policy 12.7: Ensure the availability in all communities of affordable and convenient transportation alternatives. County Policy 29.3: Utilize the town or resort transit systems as supplemental to the regional systems. County Policy 12.1: Encourage proper transportation infrastructure to allow the economy to prosper while protecting quality of life and the environment. 3. Swift Gulch Maintenance Facility and Consolidation of Transit Services: Avon is exploring with ECO, the Town of Vail, and the Eagle County School District the consolidation of mid - valley bus maintenance and storage facilities for all of these bus operators at Avon's Swift Gulch facility. A consolidated facility would achieve cost efficiencies, and would minimize the number of these unsightly facilities within the mid - valley region. Avon is willing to pursue any avenue of consolidating this facility that is acceptable to ECO, including joint ownership or lease options with ECO, ownership by ECO or ownership by Avon. Avon would also like to explore efficiencies and cost savings that could be achieved while maintaining acceptable levels of service, by consolidating county wide transit services with ECO and the Town of Vail. These consolidations would be consistent with the following policies of the Eagle County Comprehensive Plan: County Policy 2.7: Investigate the possibilities to consolidate County services with other public entities and with private and nonprofit groups. County Polio: Ensure the availability in all communities of affordable and convenient transportation alternatives. County Policy 29.' ): Utilize the town or resort transit systems as supplemental to the regional systems. 4. Smart Growth Budget Summit. Avon endorses a county wide budget summit and reexamining the 1981 IGA regarding the fund sharing between the towns and Eagle County, to develop a fund sharing arrangement that promotes smart growth county wide. Throughout Eagle County, our constituents are concerned that growth will impair our quality of life. The Eagle County Comprehensive Plan recommends promoting and focusing commercial and residential growth within existing towns and unincorporated communities. (County Policies 4. 1, 103 and 10.5). The majority of the future growth is expected to be residential growth, which costs the local governments more to serve than the revenue generated by residential development. In order to provide a compelling urban environment to attract growth to existing communities and preserve existing rural landscapes and open spaces, the existing communities will need additional resources to provide the infrastructure and mitigate the impacts of such growth. An incentive for growth has been created in unincorporated areas like Edwards rather than in the towns by providing "municipal" services and infrastructure with county funds. The towns provide similar municipal services and Rinds within their boundaries mostly with municipal sales taxes and bond financing repaid with property taxes. This leads to higher sales tax and property tax rates in the towns than in unincorporated areas, providing a disincentive for growth to occur in the existing urbanized towns, and an incentive for such growth to occur in unincorporated areas. 2 Finally, there are incentives for towns to overzone for commercial uses and to approve development primarily because it will provide much needed revenue to that government. A budget summit would help develop a fund sharing arrangement that provides financial incentives for smart growth, and would be consistent with the following policies of the Eagle County Comprehensive Plan: County Polices. Identify needed research in the area of fiscal impacts, cost of services and revenue sharing. Investigate regional approaches to dealing with the interconnectedness of Eagle County's economy. Share funds in a fair and equitable manner to reduce overzoning of commercial space. Consider an IGA that would lay out a process for challenging fund distribution and develop a county wide policy on sharing of development impacts -both between public and private entities and among public entities. 5. Affordable Housing. According the County's trend analysis, low and moderate income households in Eagle County will be increasingly displaced by second homeowners. This will lead to a shortage of labor, particularly for lower wage jobs which fuel the service dominated industry. Avon would like to collaborate with Eagle County and all the municipalities in the Eagle Valley to adopt county wide affordable housing regulations that will continue to create affordable housing for local residents throughout Eagle County. This would be consistent with the following policies from the Eagle County Comprehensive Plan: County Policy 23: Housing for local residents is an issue that Eagle County Government addresses in collaboration with the municipalities in Eagle County. Recognize that each community within Eagle County should absorb a share of the Local Resident Housing proportionate to the number and quality of employment opportunities. County Policy 15.1. Utilize the jobs /housing ratio to analyze how each development proposal will change the jobs /housing balance of the community. Topics for Future Meetings: Land Use Cooperation: Avon would like to work together with the County and all governmental and quasi - governmental entities in Eagle County to make decisions that optimize the quality of life for all of our constituents. Better cooperation between all of these governmental entities would ensure better planning, prevent jurisdiction shopping, provide better utilization of taxes and improve information exchanges between governments. This would serve the following policies set forth in the draft Eagle County Comprehensive Plan: Transcend traditional (legal) boundaries to formulate cooperative solutions by promoting intergovernmental coordination and planning. (County Policy 2.7). We appreciate Eagle County's leadership in implementing this policy, starting with these joint meetings. ii. Preserve open corridors between communities and existing developments to promote their individual physical identity and to maintain the character of Eagle County. (County Policy 4.4). Avon would like the County's support for preserving as open space buffers, the public lands between Avon and Singletree and on the east end of Avon. iii. Encourage redevelopment and revitalization of currently underdeveloped, outdated rundown or otherwise dysfunctional areas. (County Policy 4.3 and 10.3). Avon's goal of redeveloping the commercial district on the east side of Avon Road to a mixed-use, pedestrian and transit oriented development, would help achieve the goals of both Avon and Eagle County. iv. Investigate the possibilities to consolidate County services with other public entities and with private and nonprofit groups. (County Policy 2.7). The governmental agencies in Eagle County should explore efficiencies and cost savings that could be garnered by consolidating government services such as transit, recreation, law enforcement, planning. etc., in a way that would allow the municipalities to maintain an acceptable amount of control over the level of service provided by the consolidated service provider. V. Ensure that efficient, effective and consistent application and review of processes and procedures are in place at government agencies. (County Policy 10.7). Avon would like to explore updating its land use regulations to help make better decisions. Consistency of land use regulations for all governments throughout Eagle County would prevent jurisdiction shopping and promote a better quality of life county wide. 2. Transit. Section 3.5.2 of the County Comprehensive Plan states that "it is important that Eagle County reverse the trend of relying on personal vehicles for the primary transportation needs of the community." Mass transit helps promote compact, high density land use and efficient placement of services and infrastructure. It provides low cost, healthy alternatives to commuting in personal vehicles. Mass transit helps maintain our pristine environment by reducing pollution, traffic and parking lots. It also helps reduce the negative effects that more and bigger roads have on wildlife corridors and wildlife safety. Avon would like to work with the County to reduce the dependence on personal vehicles and to provide more transportation options, including transit and better infrastructure for pedestrians and bikers. i. Encourage proper transportation infrastructure to allow the economy to prosper while protecting quality of life and the environment. (County Policy 12.1). Avon would like to forge a consolidated 0 Eagle Valley voice with all of the governments in Eagle County for transportation issues. This consolidated Eagle Valley voice could be used to lobby the state and federal governments on large transportation projects such as the I -70 expansion and seeking federal funding for a demonstration project establishing rail -based transit between the Eagle County Airport and Vail_ It could also be used for small matters, such as lobbying the state to maintain a Department of Motor Vehicles office within Eagle County. ii. Strive for a faster and more effective mass transportation option to and throughout Eagle County. (County Policy 29.1). Avon would like to work with the County as part of a coalition to acquire the railroad right of way for transit and trails. iii. Develop a network of pedestrian /bicycle infrastructure to make pedestrian options available for nearly every journey. (County Policy 26.1). One significant goal in Avon's comprehensive plan is to make Avon more pedestrian/bicycle friendly. We would like to work with the County to tie Avon's pedestrian /bicycle infrastructure to the County's pedestrian/bicycle infrastructure. Recreation and Tourist Facilities. Both Avon and Eagle County recognize the importance of recreation to our economy and to our citizen's quality of life. Avon would like to work with the County and the other governments of Eagle County to develop a comprehensive approach to recreation and tourism that strives for an appropriate balance between serving the needs and wants of tourists versus the needs and wants of local residents. Support improved access to tourism and recreation facilities. Continue to make Eagle County attractive and convenient for visitors through enhancements to appropriate services and infrastructure. Encourage and support the use of a wide -range of community and resort facilities that make up the tourism industry and recreation infrastructure. (County Policy 9.1). The Avon skier shuttle as well as the proposed gondola and whitewater park in Avon help implement this policy. ii. Carefully coordinate trails planning efforts with the existing town governments and with an awareness of existing trails and trailheads. (County Policy 32.1). Highlighting and enhancing hiking and biking trails in Wildridge, Buck Creek, and the Village at Avon would help achieve goals of both Avon and the County. iii. Ensure the continued success of existing swimming pool facilities. (County Policy 32.15). The success of Avon's pool facilities at the Avon Recreation Center would be compromised if the County builds a competing facility in Edwards. 4. Social. Avon would like to work with the County to achieve the following common goals for the social structure of our communities. i. Ensure the availability in all communities of childcare. (County Policy 12.6). ii. Develop more opportunities for interaction among cultural groups. (County Policy 13.2). iii. Increase the emphasis on the arts, education and related cultural endeavors. (County Policy 14.1). Avon has recently contributed $10,000 to Bravo for music programs in Avon, and at this meeting will be voting on a $10,000 grant for a year round science program to be provided by Gore Range Natural Science School to all students at Avon Elementary School. iv. Identify and protect the historic and archeological resources of Eagle County. (County Policy 50). Avon hopes to preserve and highlight the intriguing history of our town. Avon has several historic resources, including an historic water wheel, as well as historic buildings that could be used to create an Avon history park or museum. We applaud Eagle County's leadership in the effort to create unity and foster cooperation between the various governments in Eagle County. We look forward to working together with Eagle County to improve the quality of life for all of our constituents. I I J� L: All To: Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jacqueline Halbumt, Assistant Town Manager Date: April 13, 2005 Re: Historic Preservation Advisory Committee Summary: Town Council asked staff to come up with recommendations to form a Historic Preservation Committee as well as designation criteria. Staff recommends that an advisory board be established via resolution pursuant to the Avon Code, Section 11.2 (a) "Council may create any Boards and Commissions including Advisory and Appeal Boards. Advisory boards may be created by resolution." Purpose: The purpose of the historic preservation advisory committee is to recommend landmarks for historical preservation and matching funding grants to the town council. Background: The notion of a historical preservation committee arose from the recent work on the Nottingham Water Wheel on the Eagle River south of Canyon Run. Staff was very involved with a citizens' group headed by Jeannette Hix aimed at restoring the wheel. The process started with Jeannette doing some research at the library where she found a 1980 Eagle Valley Enterprise article about the wheel with a fuzzy picture of how it originally appeared. The next step for the group included cleaning up the area and applying for a historical designation through the Colorado Historical Society. Avon owns the land the water wheel sits on and no special permit was required to begin work. Norman Wood, Bob Reed and I will meet with the group the week before the clean -up to discuss what could be removed. Saturday, September 25, 2004 was the clean -up /clearing out for the water wheel and many citizens showed up to aid the effort. The town provided the heavy equipment and labor to haul away several loads of undergrowth and debris. Regarding the historical dedication, Jeannette submitted a preliminary application and pictures in early August 2004 to the Colorado Historical Society. The CHS representative said since the water wheel is in disrepair, and the photos did not reveal enough of the water wheel, they were unable to determine if all the parts to the water wheel are present, and if the water wheel is worthy of a nomination for historical recognition. TOWN OF AVON RESOLUTION NO. 13 -05 Series of 2005 A RESOLUTION ESTABLISHING A HISTORIC PRESERVATION ADVISORY COMMITTEE AND OUTLINING CRITERIA TO DESIGNATE HISTORICAL LANDMARKS WITHIN THE TOWN OF AVON, EAGLE COUNTY COLORADO WHEREAS, the town of Avon would like to promote public health, safety and welfare through the protection and preservation of the Town's historic and cultural heritage, as represented by designated Landmarks, the protection and enhancement of the Town's economy through the preservation of historical attractions for local residents, tourists and visitors to the Town and the expansion of public awareness, appreciation and knowledge of the Town's unique local history. WHEREAS, the Avon Town Council established a Heritage Fund in the Capital Improvement Projects Budget to appropriate funds used for matching grants from the private sector in order to preserve historic landmarks WHEREAS, the Avon Town Council will appoint a Historical Preservation Advisory Committee for the purpose of recommending landmarks for historical preservation and possible matching fund grants WHEREAS, the Historical Preservation Advisory Committee will consist of five (5) registered electors of Avon to serve in 2 -year terms WHEREAS, the Avon Town Council may by resolution designate historical landmarks within the boundaries of the town of Avon that are at least seventy -five (75) years old and demonstrate one or more of the following characteristics: (1) Its character, interest or value as a part of the development, heritage or culture of the Town. (2) Its location as a site of a significant historic event. (3) Its identification with a person or persons who significantly contributed to the culture and development of the Town. (4) Its exemplification of the cultural, economic, social or historic heritage of the Town. (5) Its embodiment of distinguishing characteristics, detail, materials or craftsmanship of an architectural type or specimen. (6) Its identification as a work of an architect or master builder whose individual work has influenced the development of the Town. (7) Its unique location or singular physical characteristic representing an established and familiar visible feature of a neighborhood community or the Town. (8) Its status as a significant component of a historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. WHEREAS, once a landmark designation is made, in order to retain the designation, it shall be maintained to receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON COLORADO, that historic preservation is an important component of the overall vitality of Avon as it moves into the future. Avon is proud of its history and will preserve its past. Adopted this 26th day of April, 2005 TOWN COUNCIL TOWN OF AVON COLORADO Ronald C. Wolfe, Mayor Attest: Patty McKenny, Town Clerk i nAk 1 -1 re To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Direct Date: April 21, 2005 Re: Budget Resolution No. 05 -17 Summary: A budget amendment is proposed to the General Fund and to the Equipment Replacement Fund as discussed below. Background: Equipment Replacement Fund. Earlier this month, the leisure pool boiler at the Recreation Center sustained extensive damage due to a leak. Upon further investigation, it appears that another boiler has similar signs of failure and/or need of repair. The Recreation Department is recommending that, due to the age of all the boilers and the fact that repairs and maintenance has increased significantly in recent years, all the boilers be replaced. The cost of this replacement is $48,861 and was not included in this year's original budget. In addition to the above, the Recreation Department is recommending an increase to the original amount budgeted for repair /replacement of all the soft water features in the aquatics area. The original amount budgeted was $7,500 for repairs to the children's slide. However, because of the cost of travel and the requirement for specialized contractors, it is proposed that all the features be addressed in order to reduce the overall cost of these repairs. The increase proposed is $12,205. Funds have been reserved in the Equipment Replacement Fund for just such repair or replacement of mechanical and aquatics related equipment. Through 2005 the amount reserved for such items is $233,734. Page 1 General Fund An amendment to General Fund appropriations in the amount of $10,000 for a contribution to the Gore Range Natural Science School is proposed. Town Manager Comments: Olt"' Attachments: A — Resolution No. 05 -17 B — General Fund Amendment No. 5 C — Equipment Replacement Fund Amendment No. 2 D — Memorandums (2) from Mark Sifers to Meryl Jacobs • Page 2 Council Memo 2005- 008.doc RESOLUTION NO. 05 -17 SERIES OF 2005 A RESOLUTION TO AMEND THE 2005 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2005 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2005, AND ENDING ON THE LAST DAY OF DECEMBER, 2005. WHEREAS, the Town Council of the Town of Avon has adopted the 2005 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2005; and WHEREAS, the Town Council finds it necessary to amend the 2005 budget to more accurately reflect the revenues and expenditures for 2005; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2005: Original or Current Previously Proposed Amended Amended 2005 2005 Budget Budget General Fund Beginning Fund Balance $ 3,880,135 Revenues and Other Sources 10,420,818 Expenditures and Other Uses 10,330,347 Ending Fund Balance 3.970,606 1 $ 3,880,135 10,420,818 10,340,347 $ 3,960,606 N Original or Previously Amended 2005 Budget Equipment Replacement Fund Beginning Fund Balance $ 1,359,753 Revenues and Other Sources 406,204 Expenditures and Other Uses 450,405 Ending Fund Balance $ 1,315,552 Current Proposed Amended 2005 Budget $ 1,359,753 406,204 511,471 $ 1.254.486 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fiend, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 26th day of April, 2005. Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor General Fund #10 Amendment #5 Page 1 Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) REVENUES Taxes $ 6,396,695 $ 6,530,377 $ 7,017,344 $ 7,017,344 $ - Licenses and Permits 186,948 213,600 136,600 136,600 - Intergovernmental 623,070 697,440 693,099 693,099 - Charges for Services 1,655,017 1,876,089 1,972,419 1,972,419 - Fines and Forfeitures 56,866 50,750 50,750 50,750 Investment Earnings 102,573 125,000 150,000 150,000 - Other Revenue 265,693 234,702 272,106 272,106 - Total Operating Revenues 9,286,862 9,727,958 10,292,318 10,292,318 - Other Sources Sales of Fixed Assets 378 1,500 1,500 1,500 - Transfer -In From Capital Projects Fund 200,000 50,000 50,000 50,000 - Capital Lease Proceeds 339,000 75,800 77,000 77,000 - Total Other Sources 539,378 127,300 128,500 128,500 - TOTAL REVENUES $ 9,826,240 $ 9,855,258 $ 10,420,818 $ 10,420,818 $ EXPENDITURES General Government $ 1,432,538 $ 1,584,847 $ 1,673,519 $ 1,683,519 $ 10,000 Community Development 416,569 507,129 523,231 523,231 - Public Safety 1,557,109 1,648,650 1,712,244 1,712,244 - Public Works 2,515,157 2,629,455 2,799,207 2,799,207 - Recreation and Culture 1,939,224 2,040,771 2,123,844 2,123,844 - Total Operating Expenditures 7,860,597 8,410,852 8,832,045 8,842,045 10,000 Other Uses Transfers -Out to Mall Maintenance - - 15,000 15,000 - Transfers -Out to Debt Service 480,120 480,120 482,615 482,615 Transfers -Out to Wildridge SID - 2,500 8,000 8,000 Transfers -Out to Finance Authority 140,059 137,999 132,687 132,687 Transfers -Out to Transit 700,000 390,000 700,000 700,000 - Transfers -Out to Sherwood Meadows 150,000 123,964 - - - Transfers -Out to Fleet Maintenance 220,000 190,000 160,000 160,000 Total Other Uses 1,690,179 1,324,583 1,498,302 1,498,302 - TOTAL EXPENDITURES 9,550,776 9,735,435 10,330,347 10,340,347 10,000 NET SOURCE (USE) OF FUNDS 275,464 119,823 90,471 80,471 (10,000) FUND BALANCES, Beginning of Year 3,484,848 3,760,312 3,880,135 3,880,135 - FUND BALANCES, End of Year $ 3,760,312 $ 3,880,135 $ 3,970,606 $ 3,960,606 $ (10,000) Page 1 General Fund #10 Amendment #5 Final Original or Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) 51000 Total Taxes Taxes: 51101 General Property Tax 51102 General Property Tax - Delinquent Collections 51103 General Property Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51303 Accommodation Tax 51304 Penalties and Interest 51305 Sales Tax Audit Assessments 51306 Payments In- Lieu -Of Sales Tax 51402 Franchise Fees 51000 Total Taxes 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53199 Other Federal Grants Subtotal: Federal Grants State Grants 53299 Other Subtotal: State Grants Licenses and Permits: 52101 Liquor Licenses 52102 Business Licenses 52103 Contractor's Licenses 52201 Building Permits 52203 Plumbing Permits 52204 Mechanical Permits 52205 Road Cut Permits 52206 Other Licenses and Permits 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53199 Other Federal Grants Subtotal: Federal Grants State Grants 53299 Other Subtotal: State Grants Subtotal: Shared Revenue 53000 Total Intergovernmental $ 1,290,623 $ State /County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund Subtotal: Shared Revenue 53000 Total Intergovernmental $ 1,290,623 $ 1,309,558 $ 1,370,489 $ - 100 100 2,642 1,500 1,500 147,760 155,000 155,000 4,125,558 3,989,977 4,106,378 116,981 125,000 130,000 - - 322,400 18,407 15,000 15,000 - - 20,000 449,231 629,242 576,477 245,493 305,000 320,000 6,396,695 6,530,377 7,017,344 1,370,489 $ - 100 1,500 155,000 4,106,378 130,000 - 322,400 15,000 20,000 - 576,477 320,000 7,017,344 5,736 3,500 3,500 3,500 20,415 20,000 20,000 20,000 13,715 10,000 10,000 10,000 111,951 150,000 82,000 82,000 12,990 12,000 7,500 7,500 - 14,992 12,000 7,500 7,500 7,149 6,000 6,000 6,000 - - 100 100 100 - 186,948 213,600 136,600 136,600 15,151 8,640 - 15,151 8,640 - - - 11,212 12,000 9,954 9,954 - 11,212 12,000 9,954 9,954 53,824 53,000 53,000 53,000 - 20,261 20,000 20,000 20,000 - 141,582 141,759 147,645 147,645 35,255 35,000 35,000 35,000 - 224,836 304,541 305,000 305,000 - 120,949 122,500 122,500 122,500 596,707 676,800 683,145 683,145 623,070 697,440 693,099 693,099 Page 2 8 General Fund #10 Amendment #5 Page 3 z. F s . y :�.:a. " a'�t�� ✓�' U �. t,?5, Final Original or Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) Charges for Services: General Government: 54101 Sale of Map and Publications 361 500 500 500 - 54102 Photocopying Charges 1,483 1,500 1,500 1,500 - 54103 License Hearing Fees 100 100 100 100 54104 Other Fees and Charges 1,844 1,500 1,500 1,500 54201 Plan Check Fees 98,549 85,000 59,800 59,800 - 54202 Subdivision Review Fees 218,058 94,000 15,000 15,000 - 54203 Design Review Fees 34,305 20,000 15,000 15,000 - 54204 Animal Control Fees 120 120 100 100 - 54205 Abatement Services 1,535 100 100 100 54301 Police Reports 6,032 6,000 6,000 6,000 54302 Police Contract Services 4,713 6,750 6,750 6,750 54303 Fingerprinting Fees 1,872 2,500 2,500 2,500 54304 VIN Inspection Fees 11,718 17,750 17,750 17,750 54305 False Alarm Fees /Misc Police Dept Fees - - - - 54452 Sherwood Meadows Maintenance Charges 1,531 - - - 54453 Village at (Avon) Municipal Services 143,310 396,005 521,268 521,268 Subtotal: General Govern. 525,531 631,825 647,868 647,868 Recreation Facility: 54601 Admission Fees 836,190 953,794 998,458 998,458 54602 Program Fees 39,148 40,546 47,386 47,386 54603 Rentals 3,192 500 4,000 4,000 54604 Merchandise Sales 8,111 10,400 10,400 10,400 54605 Childcare 12,711 17,000 17,000 17,000 54606 Rec Center Services 16,292 17,000 17,000 17,000 - 54607 Fitness Program Revenues 8,626 6,554 8,947 8,947 - 54608 Locker Rental 150 150 300 300 - Other Recreation: 54651 Adult Program Revenues 14,770 14,720 15,740 15,740 - 54652 Cabin Equipment Rentals 38,119 30,600 30,600 30,600 - 54653 Athletic Field Rentals 2,224 4,000 3,000 3,000 - 54654 Cabin Concessions 5,223 4,000 5,000 5,000 - 54655 Youth Program Revenues 71,344 50,000 61,720 61,720 - 54676 Sponsorships 50,050 72,000 82,000 82,000 54677 Advertisements 3,750 5,000 5,000 5,000 54678 Event Fees 19,586 18,000 18,000 18,000 - Subtotal: Recreation 1,129,486 1,244,264 1,324,551 1,324,551 - 54000 Total Charges for Services 1,655,017 1,876,089 1,972,419 1,972,419 - Page 3 Account Original or Number Description Prev. Amend. Proposed Difference Actual Budget Fines and Forfeitures: 55101 Court Fines - Traffic 55102 Court Fines - Criminal 55103 Court Fines - Parking 55104 Court Fines - General 55105 Court Costs 55106 Jury Fees 55107 Bond Forfeitures 55108 Miscellaneous Court Revenues 55000 Total Fines and Forfeitures 900 Investment Earnings: 57101 Interest 57000 Total Investment Earnings 56,866 Other Revenues: 58101 Recreational Amenity Fees 58103 Recreational Impact Fee 58106 Community Enhancement Fees 58109 Debt Issuance Fees 58201 Lease of Town -Owned Property 58999 Miscellaneous Nonclassified Revenues 58000 Total Other Revenues 50000 TOTAL REVENUES General Fund #10 Amendment #5 Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) 19,767 15,000 15,000 15,000 - 26,661 25,000 25,000 25,000 - 3,357 5,000 5,000 5,000 - 500 500 500 4,908 4,000 4,000 4,000 35 200 200 200 900 900 900 900 1,238 150 150 150 - 56,866 50,750 50,750 50,750 102,573 125,000 150,000 150,000 - 102,573 125,000 150,000 150,000 89,612 135,978 171,206 171,206 70,224 - - - - 44,767 42,824 45,000 45,000 - 20,997 11,900 11,900 11,900 - 1,000 4,000 4,000 4,000 - 39,093 40,000 40,000 40,000 - 265,693 234,702 272,106 272,106 $ 9,286,862 $ 9,727,958 $ 10,292,318 $ 10,292,318 $ - Page 4 General Fund #10 Amendment #5 95,752 $ 15,342 106,000 72,890 15,602 General Government: 80,000 80,000 - Legislative: 130.510 10.000 111 Mayor and Town Council Final Original or Current 112 Boards and Commissions 11.581 Revised Prev. Amend. Proposed Difference Dept./Div. Actual Budget eudOau Amendment |numaoo Number Description 2083 2004 2005 2005 D 95,752 $ 15,342 106,000 72,890 15,602 General Government: 80,000 80,000 - Legislative: 130.510 10.000 111 Mayor and Town Council 92.299 $ 112 Boards and Commissions 11.581 113 Town Attorney 02.e60 114 Public Relations 75.058 115 Town Clerk 77,842 011207 Total Legislative aznunO _ Judicial: Total General Government 121 Municipal Court 88e67 1,683,519 10000 Executive: 131 Town Manager 213.098 132 Human Resources 107*43 270.550 Total Executive 320742 _ 312 Finance Department: 1.131,185 95,752 $ 15,342 106,000 72,890 15,602 15,602 - 80,000 80,000 - 120.510 130.510 10.000 91,718 m ' 131.588 350,041 4114m1 ,222- 421,222 10,000 85,318 236,083 252,254 252,254 113958 113518 113,518 114.710 128.701 131.588 350,041 365,772 365,772 141 Finance 418,985 451J60 478,409 479,409 - 142 Information Systems 114.710 128.701 131.588 131.588 ' 148 wnndepartmenta| 190884 180170 200,210 200210 ' 166,986 210J12 210,712 Total Financial Administration 722,579 766,697 011207 811307 ' 1e2860 - Total Community Development Total General Government 1,432,538 1,584,847 1,673,519 1,683,519 10000 Page 5 Community Development: 211 Administration 100.828 112.855 129,*59 129,65e oz Planning 121,773 166,986 210J12 210,712 213 Building Inspection 193e70 227288 1e2860 1e2860 - Total Community Development 410569 507 ,129 523,231 523,231 ' Police Department: 311 Administration 202.510 270.550 278010 270010 ' 312 patrol 1.131,185 1.286.772 1.336.510 1.330.510 ' 313 Investigations 82.300 91.328 97.724 97.724 - 315 Neighborhood Services 81,104 - ' - ' Total Police 1,557,109 1,648,650 1,712,244 1,712,244 - Page 5 Dept. /Div. Original or Number Description Prev. Amend. Proposed Difference Actual Budget Public Works: 411 Administration 412 Engineering 413 Roads and Streets 414 Facilities Maintenance 415 Parks Total Public Works General Fund #10 Amendment #5 Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) 127,614 89,504 92,174 92,174 336,581 278,031 273,012 273,012 1,057,039 1,127,727 1,204,025 1,204,025 289,914 334,542 385,388 385,388 704,009 799,651 844,608 844,608 - 83,476 87,242 45,346 45,346 2,515,157 2,629,455 2,799,207 2,799,207 Total Recreation and Culture TOTAL OPERATING EXPENDITURES 1,939,224 2,040,771 2,123,844 2,123,844 $ 7,860,597 $ 8,410,852 $ 8,832,045 $ 8,842,045 $ 10,000 Page 6 Recreation and Culture: 513 Special Events 183,969 237,333 238,260 238,260 514 Administration 333,844 309,840 294,144 294,144 515 Adult Programs 83,476 87,242 45,346 45,346 516 Aquatics 377,420 372,447 380,250 380,250 517 Childcare 54,501 62,531 37,688 37,688 518 Fitness 127,389 102,269 111,256 111,256 519 Front Desk 198,548 225,630 271,280 271,280 520 Maintenance 495,561 569,720 610,936 610,936 521 Youth Programs 84,516 73,759 87,483 87,483 522 Cabin - - 47,201 47,201 Total Recreation and Culture TOTAL OPERATING EXPENDITURES 1,939,224 2,040,771 2,123,844 2,123,844 $ 7,860,597 $ 8,410,852 $ 8,832,045 $ 8,842,045 $ 10,000 Page 6 Equipment Replacement Internal Service Fund #63 Amendment #2 Page 0� N� Final Original or Revised Prev. Amend. Proposed Difference Actual Budget Budget Budget Increase 2003 2004 ���----- 2005 2005 REVENUES Charges for Services $ 373.768 $ 384.379 $ 406.204 $ 406.204 $ - Other Revenue - 45,302 - - - Total Operating Revenues 373,768 439,681 406,204 406204 - Other Sources Capital Lease Proceeds 5,750 17,370 - - - TOTAL REVENUES 379,518 457,051 406,204 406204 ' EXPENDITURES Capital Outlay: Fleet and Heavy Equipment ' 206.552 247.410 247.410 - Recreation Center Equipment 2.460 50.535 157.231 218.297 61.066 Computer and Office Equipment 40,686 12,960 45764 45,764 - TOTAL EXPENDITURES 43,146 270,047 450,405 511,471 61,066 NET SOURCE (USE)OFFUNDS 338.372 187.004 (44.201) (105.267) (61.066) FUND BALANCES, Beginning mfYear 836,377 1,172,749 1,359,753 1,359,753 - FUND BALANCES, End of Year Page 0� N� Memorandum 01. To: Meryl Jacobs CC: Scott Wright From: Mark Sifers, Maintenance Supervisor Date: 04/21/05 Re: Recommendation for Boiler Replacement I am recommending accelerated replacement of the complete boiler system for the Recreation Center. The system is composed of five boilers (1 Domestic Water Boiler and 4 Pool Boilers). The reasoning behind the acceleration is as follows: 1. The Leisure Pool boiler sustained extensive damage, caused by new leak in the tube bundle; the repairs are costly. 2. The Slide Pool Boiler has signs of the same type of failure starting to appear. 3. The repairs and upkeep of all boilers has increased significantly over the last few years, due to age. 4. We were projecting a replacement for next year; but with the extensive repair cost we are currently faced with, replacement would be prudent to do now. We have received quotes from multiple vendors for replacement and /or contract replacement of the boilers. I am recommending option #3 at a cost of $48,860.80 (including a 10% contingency), for these reasons: Several of the options did not have a feasible payback in relation to their replacement and technological advances; other options would put to much drain on staff labor resources. The funds set aside are limited and were projected off of replacement not different systems. Thank you,. Mark Seers Town of Avon Recreation Center, Maintenance Supervisor VO c a) E aN cr 0 W 75. 0 co aJ o E C: fn �—c (D -C 2 CL E 0 0 0 (D 0 �LD 5 0 e �6 - 22 w 2 , B - F E E 0 F- C, w) m co ly < 04 (D ci U) U.) C\j to 0 E Em E > C, 0 24) c C 3: 0 o m =O c f 0 0 E E � m 7 E 0 .5 s "a I di E(jO 0. E - - E E 0 (D 9 a 0 o E < S - - m 7E I , H0 a o 0 E I a m 0 a O 0 a. 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ID > 0 0 0 O 0 0 —2 U 0 0 0 O 0 m 0 4) CL 0 0 O 75 0 75 0 a. in N 0 a, L) 6 E 0 (D E E CL- Ln r 2 0 19 0 �i 0 O O 0 co C'4 0 U9, 0 t5 cj o .0 E 2 E C to CL 0 0 a mv0 U 0 0 S 0 m 4) 0 LLJ m N 0 a. E U) 01 (D E Ln r 0 19 Memorandum To: Meryl Jacobs CC: Scott Wright From: Mark Sifers, Maintenance Supervisor Date: 04/21/05 Re: Recommendation for increasing the budgeted amount for "Water Feature Refurbishment ". I am recommending increasing the budgeted amount for all of the soft water features for the Recreation Center from $7,500 to $19,705.00, which would include all of the features. The soft water features are composed of four water, animated creatures (seal, turtle, frog, and a whale); three net stanchions (log look -a- like); and a double feature children's slide (Mushroom and stump with connecting bridge).The features are 10 years old. We have been able to repair and repaint them in -house and locally, but this year we are faced with damage to the children's slide, which we can not adequately repair in a timely manner. The reasoning for the budget increase is as follows: 1. The repair of these features are specific and requires specialized contractors (Disney like), the travel for the contractors is costly but the more work performed the cheaper the per hour cost is. 2. Refurbishment of all features not just Children's Slide. 3. Monies have been set aside for this. We looked at three options: "Replacement ", in excess $50,000.00 plus labor (for like kind); "Refurbishment ", at a cost of $19,705.00; and "In -house Repair" which was not feasible. I am recommending the 2nd option, at a cost of $19,705.00. Thankyou, Mark Sifers Town of Avon Recreation Center, Maintenance Supervisor U4/14/lenb M U 3 3303721304 JIM STEPHENSON PAGE 01 To: Fair: From: Date: Pages: am J&V products 123 Old Campbell toad Seguin, TX 78155 (830) 4014797 (830) 372 -1304, fax Mark Sifers 970 - 949-0160 Stepheny Kelso April 14, 2005 2, including this cover Here is the sales proposal for the refurbish of your elements —please look this over, and then contact we to discuss. Sincerely, Stepheny Kelso Assistant to Jim Stephenson RIWE 123 Old Campbell Road Seguin, Texas 78156 Phone, 830-401-4797 Fax., 830-372-1304 Proposal to: Town of Avon, CO P'0_ Box 975 Avon, Co 81620 Mark Sifers 970-748-4058 970-949-0160 fax Comments or special instructions: Terms: so% Deposit, Balance Due Upon Completion JIM b1Lt'HLNbUN PAGE 02 DATE April 14, 2005 Quotation # 100041405 Customer ID Quotation valid until: May 14, 2005 Prepared by. sk Qty Description i Dewri Wall AMOUNT — Repair and Refurbish of Mushroom Stump Slide and $ Lil Squirts $ 1() Labor and Labor Expenses, per day $ 1,160.00 $ 11,600.00 1 Travel and Travel Expenses $ 4,300-00 $ 4,300-00 1 Materials, Estimated at $ 2,680.00 $ 2,680.00 1 Disposables, Estimated at $ 1,125.00 $ 1,125.00 Based on 10 Working Days, +t- days will change the $ contract by $1,160.00 per day $ - SUBTOTAL $ 19,705-00 FREIGHT1 TOTALI $ Acceptance of this proposal by you will constitute a binding contract. The above proposal accepted: Signature Name Date Title We appreciate your business. I A_L- ilJ1•J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: April 20, 2005 Re: Resolution No. 05 -18, Series of 2005, A Resolution Approving Final Plat for Lot 22 -AB, Chapel Square Subdivision, A Resubdivision of Lots 22A and 22B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. (0250 Chapel Place) Summary: Greg Gastineau, as agent for Chapel Square, LLC has submitted an Application for Final Plat approval for the Resubdivision of Lots 22A and 22B, Chapel Square Subdivision. The purpose of the resubdivision is to remove the common lot line between Lots 22A and 22B to create a single lot to allow the addition of a bank drive -up facility to Building C. Chapel Square Building C is the building located immediately north of Chapel Place and is located on existing Lot 22A. Lot 22B is the area immediately north of Building C and is currently a parking and landscape area. The existing utility easement along the lot line being vacated by this Plat is currently occupied by Holy Cross Energy Company and will not be vacated at this time. The Holy Cross facilities will be relocated in conjunction with the proposed development and a new easement will be dedicated at that time. A copy of the Holy Cross Agreement is attached as Exhibit C. The proposed subdivision qualifies as a minor subdivision and is in accordance with the Subdivision Regulations of the Town of Avon. Resolution No. 05 -18, Series of 2005, (Exhibit A) approves the Final Plat for Lot 22 -AB, Chapel Square Subdivision subject to approval of technical corrections by Town Staff prior to execution and recording of the Final Plat. Final Plat is attached as Exhibit B. Technical corrections are listed in attached Memorandum (Exhibit D). We recommend approval of Resolution No. 05 -18, Series of 2005, A Resolution Approving Final Plat for Lot 22 -AB, Chapel Square Subdivision, A Resubdivision of Lots 22A and 22B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Recommendation: Approve Resolution No. 05 -18, Series of 2005, A Resolution Approving Final Plat for Lot 22 -AB, Chapel Square Subdivision, A Resubdivision of Lots 22A and 22B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 05-18, Series of 2005, A Resolution Approving Final Plat for Lot 22-AB, Chapel Square Subdivision, A Resubdivision of Lots 22A and 2213, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado Attachments: Exhibit A - Resolution No. 05-18, Series of 2005 Exhibit B - Final Plat Exhibit C - Holy Cross Energy Company Agreement Exhibit D - Memorandum of Corrections Town Manager Comments 0 Page 2 TOWN OF AVON RESOLUTION NO. 05-18 Series of 2005 A RESOLUTION APPROVING THE FINAL PLAT, LOT 22 -AB, A RESUBDIVISION OF LOTS 22A AND 22B, CHAPEL SQUARE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Greg Gasteneau as agent for Chapel Square, LLC has submitted an application for approval of Final Plat for Lot 22 -AB, A Resubdivision of Lots 22A and 2213, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat for a Minor Subdivsion. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for Lot 22 -AB, A Resubdivision of Lots 22A and2213, Chapel Square Subdivision Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS ATTEST: Patty McKenny Town Clerk , 2005. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor I:A Engineering \Subdivision \Benchmark at BC \Chapel Square \Res 05- 18.doc Mar 25 05 02:52p 12 Vail Road Suite 600 Vail, CO 81657 Phone(970)476 -1464 Fax(970)476 -1986 ROBIN KEVIN DEIGHAN 970-476-3436 P.1 g;;XjIls / r 4 To: Matt Pielsticker Fronr. Greg Gastineau Fax: 949-5749 Pages: 4 Phone: 748-4413 Date: March 25, 2005 Re: 245 Chapel Place — Holy Cross trans. CC. ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle e Comments: As promised, I have attached the Holy Cross Letter Agreement and exhibit depicted the relocation of the existing electrical transformer. Let me know if you have questions. RECEIV01 MAR 2 5 2005 Communifty DeveloPmOnt Mar 25 05 02:53p ROBIN KEVIN DEIGHAN 970 -476 -3436 p•2 GROss e r � o O d �^ sso�� March 24, 2005 Mr. Greg Gastineau Timberline Commercial Real Estate 12 vail Road, Suite 600 Vail, CO 81657 Re: Chapel Square, Avon, Colorado Relocation of Existing Holy Cross Underground Primary Electric Facilities Bear Mr. Gastineau: 3799 HIGHWAY 82 - P.O. DRAWER 215 GLENWOOD SPRINGS. COLORADO 8160 1970) 945 -5491 • FAX (970) 945 -408 FlEcEmm 1VAIR 2 5 2005 communl Development Holy Cross Energy has completed a design and cost estimate for the relocation of our existing underground primary electric facilities at the above referenced project, hereinafter the'ProjecC. Our facilities will be relocated as shown on the attached sketch. The owner or developer of the subject Project is hereinafter referrer to as the 'Owner". The estimated cost of the relocation is $17,050.00 and IS due as a non - recoverable contribution in aid of construction prior to beginning work on the project. This figure is only an estimate. After the relocation has been completed, the actual cost of construction will be determined. The Owner's contribution will be adjusted to reflect the actual cost by making a refund or further assessment. Execution of this document constitutes the Owner's agreement to pay any further assessment in a timely manner. Our power facilities must be installed on an easement. Please execute and return the enclosed document. The following conditions are hereby noted: r corners as showlocations n the will be ed ketch. by the der as needed to ensure that our facilities ae 2. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation, backfiil, compaction and cleanup needed for installation of the underground power system extension to serve the Project. The Owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the Project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed by the Owner and returned prior to the start of excavation. 3 under the on site supervision �of a qualified Holy fCro s f Energy existing power lines except oyee. 4. The route of our proposed underground power line extension must be at final grade and free of obstructions before power line construction is started. 5 pt l lines, in conflict line c be comeed, backfiled and dearly marked before power onstru t n can be started. 6. The above estimate is for Holy Cross Energy facilities and does not include the installation of telephone or television facilities. it will be the Owner's responsibility to coordinate construction and make contractual agreements with the other utilities. 7. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface rgrr along the ower line route between the vaults. said ground surface grade ttansformer vaults, o at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (i o) feet of said transformer and switchgear doors shall be fiat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and outer objects will be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross Energy. Said corrections will be made at the sole cost and expense of owner. S. There is no provision in our estimate for revegetation. Revegetation, if required, must be provided by parties other than Holy Cross Energy. 9. Secondary voltage available will be 20BY /I 20, three-phase. 10. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. 11. After the existing Holy Cross Energy primary electric facilities have been relocated, the existing underground splice vault identified on the attached sketch as 1P9" will become the property of Chapel Square LLC for use as a secondary electric splice vault The manhole cover will be modified as required by Holy Cross Energy to limit access. 12. It will be the sole responsibility of Chapel Square LLC to retain the services of a qualified electrical contractor to re-route all existing underground secondary services to the new pad mounted transformer location. Chapel Square LLC further agrees to have their electrical contractor coordinate all work with Holy Cross Energy, and if necessary, provide an electric generator to keep other consumers in power while the re-route is being performed. 13. All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 14 Low voltage starting will be required on all three -phase motors larger than 25 HP and all single - phase motors larger than 10 HP. 15. equipment shall be installed and maintained at the expense of the should Owner- rovided. This over 16. voltage or under ndeNvoltagresponsibility itions resulting g from causes beyond equipment e control of of Holp temporary Energy. 17. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. is. All Holy Cross Energy rules and regulations will be followed. When Holy Cross Energy is in receipt of the Owner's check in the amount of 517,050.00, all necessary ex is teed easements, other (below), job can be scheduled the ed fdr d tie agreement, and the signed original fo Sincerely, HOLY CRASS ENERGY Michael A. Mikolic, Staking Engineer MAM:vw Enclosure The above terms and conditions are hereby agreed to and accepted 8y: Title: Date: W10*05- 18418:50- 69:Chapel Square Transf. Relocation Mar 25 05 02: 53n p ROBIN KEVIN DEIGHAN 970-476-3436 P•4 co r .0 U- oz 0 Lij U V) ui 0 C) LLJ < L,,j P V) L-- :< m 0 z 0 � cn —i 17U ui Li z LAJ —J 04 w m —j Z z W bd Lu cc I-- a) LJ 0 0, —i [ W W c r- D w cc C*-j 0 �� ir r) 2 Lo cr- _j :3 2 L.LJ LAJ co Q- z z < 0 0-rw LAJ Ul m Lli til Z O� IT G)o met LL- a- a V) z LLJ < w CL F- ozo z LD Z > LLJ iD lie F- � F- - (.) V) U V) —1 • 5z 0 X EL z wdwcn m 2 3 0 no) �°' °N0 CN CL 11.0 Ln F- LAJ ry CN < 001m.m Q) 00..,t 0, r \V) LU I 7H1iAA1kT4 the VALLEY MEMORANDUM To: Matt Pielsticker From: Jeffrey Schneider & Norman Wood Date: April 5, 2005 Revised April 7, 2005 Re: Final Plat, Chapel Square Subdivision, Lot 22-AB COMMENTS: The following comments are in response to my review of the above referenced final plat: The Plat Title should be revised to, "Final Plat, Lot 22-AB, A Resubdivision of Lots 22A and 2213, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado." The Certificate of Dedication and Surveyors Certificate should also be revised to reflect this subdivision name. 2. The west and east boundaries, with bearings of N53'28'53"E and S 18'5 9'40"W, respectively, should be combined into one property line rather than two segments. Please remove the lot line to be vacated. Subsequently, please provide additional description to define the easement along the vacated lot line. 4. A Mortgagee / Lien Holder Certificate should be added for consent to the Dedication and Ownership. If you have any questions regarding these comments, please contact me at 748-4134. 1:\Engineering\Subdivision\Benchmark at BC\Chapel Square\L22AB Chapel Sq final plat 4-5-05Rev.doc L• JOE 1• / / / R-75.W � Lm40AX ♦ T -20.7r afw3 aE a�sgo4� `y�pF TsoJ NOO2: Aaaarall b Odada %h-.t t ammmm , .=d nob omy a mwmawd Inge !Im tm 2.ss taw O. � dd. d eatlRodb mom bmm � *` LOT 22-AD J l 68.237 S0. FT. EA06J81r ` 1.527 ACHES R-WAY 1 �I T--37.W l a1w6Q.74' CW- Mr4l "WirW 1) K04M OF A06 PLAT 6 W YA E I E LOr LEE WIWDt LOTS 22-A 1 I p O 2) POUND W ROM wANA4 CAP RE t PLS 20626 • » FORD W NOW WNM CAP Ls 640. / 1 B PLASM GAP A WURE f t�ttF � � A FCLIM S/!' 1®Wt WA1 AUROW CAP AT AE NCKIHE SF ODfDER OF LOT / a) WE (IF =VWf MARCH 2006 j' 7 l LAED tuf sTRRtARr 122-M 60.237 MIJAE F>£r COMWERCLAL ACCESS. Rlurc t f� CRANAOE FASBM3IT / 1 E� LOT 67 ` 1w OII71T. ORAINALE O tA'f L1tiE TO BE / YAK \ \ _ rte` \ \,4 PLAT R-75.W � Lm40AX ♦ T -20.7r afw3 aE a�sgo4� `y�pF TsoJ NOO2: Aaaarall b Odada %h-.t t ammmm , .=d nob omy a mwmawd Inge !Im tm 2.ss taw O. � dd. d eatlRodb mom bmm � 70Wd CERiiIWE, 7Cb Ftot rardlq moam A aey bt Rw mmemb and �fd�ta -d-.aa awh�y tl.Rwrf ad oat a.fo.td ba.at b q�- �nIeeeaaadf �Cyy iM T- am EaM A 1Ce Tom d Awt p� d E�da� t�ia.dq Di _d�'d 2006 ADD. br SaY .Rh ,M fNt .d Rmartlr A Efda Wnb ad br amwyslw b tlr t m of tb d. dasaatlm0 edam bm6 id am b ai.md. !w peter }et b te. pwdm Oat appnad r m ..F mEEaW b. Tam A Maee tr Fbdy r oaekllaRne A rye.me�Ib m imdA .baba ar .aaaeab dad.dd mamptawmy lies b ro %� b �A. Aim d Mm dahwtr a.Ommryd t�Tm — a Oa Mmrd.. m A .da.wR abl a e. NC.r w p laoat n tgy M Mb�. d aY pbieib a�aeaem�mmemapplrabOw WM= AY HAD AND SEAL. OF INE TOOT OF AVON IM CCRUX OF AE AEI OF AVON t9e raDar Atrel Tam Oat t Ooow 0. .lgr, de baby enMy M 1 a ReEietn.d Laed pyyNty iOtM1E � Rcn PLAT. CHAPEL Fdwtl aqr iM abw�alldt.Ilr C 9bi6a d Olaod4 tlgt Ob 9 91 o1 wro tl 24-fm0. IM 907NE 9!®It®OL Tam d Mat Eftb Oeuobc CChaq m Idd a.t patb4 d.d.i d and dqm bmmt NIOF mm Pbk a md. dr®m mmwb Nmy d mid peeprtF by we and aldrt ay � ad mnmll' .h... W. bealla� and dhmnlm. d tlr b4 .nanmb aM .Ymb d dd eldeldm m !o mrtgro manp Y.aIeItNod LFm RI. b mapEaw tRb Awes. r a ft— .h—W 1 low A wy bmd and and ita day A AA 20M .{:fty14 Ofl Community Development EME CROLT RE in !'FR7FM.ATES OF DE'OICATION AM OWNERSFIP ODR ALL NEW arr WNEpPalep®�+18 vux a. mapr aqus�uy$ e A 9�a nit pepr� �6Ni�i k ifr�pTem d Aw4 EaYI� 41om41 d Cblalof., dragf w rfms LOF =-A w 106 22-A 9.fA x mAA a***k t Tom A Ames. Ed* Caaebt Shde d CbbradN tw aom nae ar i..c lw M ilww pl.�d. eoddmd to .mlr tote ar tet ae dw b.an aW y.tp h emr m FRIN. P CIAFA3 > 91BOIN9Qt IAT ?Y --/8. QUIFB. SOIMIE'tIB01M9014 Twn of Ate. .t..f. Adam iwlu3q ammbw ddwl� Cafes Yy�lm� aa.b ad aqe b RI. T..II d AmR ad Rw ulrbpa�gaae�dw7e laWr NI. ddim ah M mbJaet io ffia X11 Citl a da d RR—dr d EMU Combs CabaOa ®tln EYmW Ob_Age d AA 2060. �odnaioa'Lie>R�id LLaerLy CAAmF SOLA2 OF CCL=AGO ) ))a wlEirprcaaaaFw V. I . Wes �aamUm mi Om ayia.raEau _m 1blapr dd Owd 84me uA o mauto IMha umRCY Yi...mtaalm .Ptw MEaam ar tmd aed .Ilkfet roL CE]nA `M OF TAXES PAIR L Oe. mdadpM6 m bmlr oath Wes ibo mile aneoled d taaw pastlodmaadenow bmm dpi pq m t N w peso b si— a DatM ilb _ m7 d . M. 2006. COW AND REDDROM CERIFIWE- IDr Pbd a Od tr teaad r U. Bb. d 10. CWk ma Rwadr d_ddat m Wb —d.y d AA 2006 ad r ddy e.aadd .dr ReayOm Ma.Me • Cak aM Rm dr RF Dy.y d.r b.by ainlfy 1la I bam 0 b Oo ft . b a b.d. doe m Oda pid and Oa Otb b mm bem b webq k �I 1OF1 4; LOT 22-AD J l 68.237 S0. FT. EA06J81r ` 1.527 ACHES �I l 1) K04M OF A06 PLAT 6 W YA E I E LOr LEE WIWDt LOTS 22-A AND 22-8 AND CREATE LOr 22 -ALL. I p O 2) POUND W ROM wANA4 CAP RE t PLS 20626 • » FORD W NOW WNM CAP Ls 640. / B PLASM GAP A WURE f t�ttF � � A FCLIM S/!' 1®Wt WA1 AUROW CAP AT AE NCKIHE SF ODfDER OF LOT / a) WE (IF =VWf MARCH 2006 / ® n SHRU ALOES l LAED tuf sTRRtARr 122-M 60.237 MIJAE F>£r COMWERCLAL 70Wd CERiiIWE, 7Cb Ftot rardlq moam A aey bt Rw mmemb and �fd�ta -d-.aa awh�y tl.Rwrf ad oat a.fo.td ba.at b q�- �nIeeeaaadf �Cyy iM T- am EaM A 1Ce Tom d Awt p� d E�da� t�ia.dq Di _d�'d 2006 ADD. br SaY .Rh ,M fNt .d Rmartlr A Efda Wnb ad br amwyslw b tlr t m of tb d. dasaatlm0 edam bm6 id am b ai.md. !w peter }et b te. pwdm Oat appnad r m ..F mEEaW b. Tam A Maee tr Fbdy r oaekllaRne A rye.me�Ib m imdA .baba ar .aaaeab dad.dd mamptawmy lies b ro %� b �A. Aim d Mm dahwtr a.Ommryd t�Tm — a Oa Mmrd.. m A .da.wR abl a e. NC.r w p laoat n tgy M Mb�. d aY pbieib a�aeaem�mmemapplrabOw WM= AY HAD AND SEAL. OF INE TOOT OF AVON IM CCRUX OF AE AEI OF AVON t9e raDar Atrel Tam Oat t Ooow 0. .lgr, de baby enMy M 1 a ReEietn.d Laed pyyNty iOtM1E � Rcn PLAT. CHAPEL Fdwtl aqr iM abw�alldt.Ilr C 9bi6a d Olaod4 tlgt Ob 9 91 o1 wro tl 24-fm0. IM 907NE 9!®It®OL Tam d Mat Eftb Oeuobc CChaq m Idd a.t patb4 d.d.i d and dqm bmmt NIOF mm Pbk a md. dr®m mmwb Nmy d mid peeprtF by we and aldrt ay � ad mnmll' .h... W. bealla� and dhmnlm. d tlr b4 .nanmb aM .Ymb d dd eldeldm m !o mrtgro manp Y.aIeItNod LFm RI. b mapEaw tRb Awes. r a ft— .h—W 1 low A wy bmd and and ita day A AA 20M .{:fty14 Ofl Community Development EME CROLT RE in !'FR7FM.ATES OF DE'OICATION AM OWNERSFIP ODR ALL NEW arr WNEpPalep®�+18 vux a. mapr aqus�uy$ e A 9�a nit pepr� �6Ni�i k ifr�pTem d Aw4 EaYI� 41om41 d Cblalof., dragf w rfms LOF =-A w 106 22-A 9.fA x mAA a***k t Tom A Ames. Ed* Caaebt Shde d CbbradN tw aom nae ar i..c lw M ilww pl.�d. eoddmd to .mlr tote ar tet ae dw b.an aW y.tp h emr m FRIN. P CIAFA3 > 91BOIN9Qt IAT ?Y --/8. QUIFB. SOIMIE'tIB01M9014 Twn of Ate. .t..f. Adam iwlu3q ammbw ddwl� Cafes Yy�lm� aa.b ad aqe b RI. T..II d AmR ad Rw ulrbpa�gaae�dw7e laWr NI. ddim ah M mbJaet io ffia X11 Citl a da d RR—dr d EMU Combs CabaOa ®tln EYmW Ob_Age d AA 2060. �odnaioa'Lie>R�id LLaerLy CAAmF SOLA2 OF CCL=AGO ) ))a wlEirprcaaaaFw V. I . Wes �aamUm mi Om ayia.raEau _m 1blapr dd Owd 84me uA o mauto IMha umRCY Yi...mtaalm .Ptw MEaam ar tmd aed .Ilkfet roL CE]nA `M OF TAXES PAIR L Oe. mdadpM6 m bmlr oath Wes ibo mile aneoled d taaw pastlodmaadenow bmm dpi pq m t N w peso b si— a DatM ilb _ m7 d . M. 2006. COW AND REDDROM CERIFIWE- IDr Pbd a Od tr teaad r U. Bb. d 10. CWk ma Rwadr d_ddat m Wb —d.y d AA 2006 ad r ddy e.aadd .dr ReayOm Ma.Me • Cak aM Rm dr RF Dy.y d.r b.by ainlfy 1la I bam 0 b Oo ft . b a b.d. doe m Oda pid and Oa Otb b mm bem b webq k �I 1OF1 4; 1-i L:41 in To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: April 20, 2005 Re: Resolution No. 05 -19, Series of 2005, A Resolution Approving Final Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado Summary: Jay K. Peterson has submitted a Final Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. The submittal includes construction plans for public improvements required to serve the proposed subdivision and a cost proposal for construction of the improvements. The proposed subdivision is in conformance with the Preliminary Plan previously approved by Council Resolution No 04 -37, Series of 2004 and the Subdivision Improvements Agreement meets the requirements of Title 16 Subdivisions of the Avon Municipal Code. We recommend approval of Resolution No. 05 -19, Series of 2005, A Resolution Approving Final Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Previous Council Action: Council approved Resolution No. 04 -37, A Resolution approving Subdivision Variance and Preliminary Plan for Western Sage P.U.D., A Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, at the September 28, 2004 meeting. The approved Subdivision Variance was to allow four of the Lots to be accessed by a common access easement and not have the minimum 25 foot frontage on a public street as required by code. The Preliminary Plan and Variance was approved in conjunction with a corresponding P.U.D. amendment to convert three existing tri -plex lots and one duplex lot into eight single - family lots. 0 Resolution No. 04 -37, Series of 2004, (Exhibit K) approved the subdivision variance and preliminary plan subject to these conditions: 1) Completion of technical corrections identified by Town Staff. 2) The completion of water and sewer main extensions as shown of the Preliminary Plan and the submission of written documentation from applicable Districts accepting the extensions prior to filing of a Final Plat for the Subdivision or the inclusion of a Subdivision Improvements Agreement with acceptable security in conjunction with the application for Final Plat Approval. 3) The submission and recording of acceptable covenants and by -laws addressing the construction, use and maintenance of the common access easements for the lots not having the typically required minimum frontage on a public street. 4) The submission of Design Guidelines for this PUD to the Town for review, approval and recording prior to, or in conjunction with Application for Final Subdivision Plat approval. The Final Plat submittal has addressed these conditions; 1) Final Plat & Construction Drawings (Exhibits C and D) have been revised to address these conditions. 2) A Subdivision Improvements Agreement (Exhibit B) and approval of the applicable Districts (Exhibits I and J) have been submitted. 3) Declaration of Covenants, Conditions and Restrictions (Exhibit G) has been submitted. 4) Architectural Site Development & Landscape Design Guidelines (Exhibit H) has been submitted. Discussion: The Final Subdivision Plat is in accordance with the Preliminary Plan and approved P.U.D. Amendment. The Subdivision Improvements Agreement provides for the construction of the public improvements including installation of water, sewer, gas, electric, telephone and cable TV service to each lot. The submittal includes the attached Proposal from The Reynolds Corporation (Exhibit E) for construction of the public improvements plus additional grading and paving that is outside the scope of the public improvements. The proposal is for a total cost of $191,360.00 with $151,679.00 being for the public improvements. A contingency of 15% has been added to this cost to account for additional work and unforeseen conditions bringing the total estimated cost to $174,431 as indicated in Exhibit B to Subdivision Improvements Agreement. The Subdivision Improvements Agreement requires collateral in an amount equal to 110% of the estimated cost or $191,874.00. Technical Corrections identified by Town Staff to be corrected prior to recording of the Final Plat and related documents are listed in attached Memorandum dated April 18, 2005, from Erik Heidemann to Jay K. Peterson. • Page 2 Recommendation: Approve Resolution No. 05 -19, Series of 2005, A Resolution Approving Final Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development,a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 05 -19, Series of 2005, A Resolution Approving Final Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. Attachments: Exhibit A - Resolution No. 05 -19, Series of 2005 Exhibit B - Subdivision Improvements Agreement Exhibit C - Final Plat Western Sage Development Exhibit D - Western Sage P.U.D. Construction Drawings Exhibit E - Proposal The Reynolds Corporation Exhibit F - Memorandum (Eric Heidemann to Jay K. Peterson) Exhibit G - Declaration of Covenants, Conditions and Restrictions for Western Sage Exhibit H - Architectural Site Development & Landscape Design Guidelines Exhibit I - Memorandum (Plan Approval) Carol Gill- Mulson, Deputy Fire Chief Exhibit J - Letter (Conceptual Plan Approval) Eagle River Water & Sanitation District Exhibit K - Resolution No. 04 -37, Series of 2004 Town Manager Comments: 0 Page 3 OWIA I TOWN OF AVON RESOLUTION NO. 05-19 Series of 2005 A RESOLUTION APPROVING FINAL SUBDIVISION PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR WESTERN SAGE DEVELOPMENT, A RESUBDIVISION OF LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Jay K. Peterson has applied for Final Subdivision Plat and Subdivision Improvements Agreement approval for the Western Sage Development. a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, said Final Subdivision Plat provides for the resubdivision of three existing tri -plex lots and one duplex lot into eight single family lots with access from existing public streets or by easement from existing public streets; and WHEREAS, a Subdivision Improvements Agreement was submitted in conjunction with the Final Subdivision Plat; and WHEREAS, the Subdivision Improvements Agreement provides for the constriction of all public improvements together with collateral to make reasonable provision for completion of the improvements; and WHEREAS, the Subdivision Improvements Agreement provides for the guarantee of public improvements and for the release of collateral upon successful completion of the guarantee period; and WHEREAS, said Final Subdivision Plat generally conforms to the Preliminary Subdivision Plan as approved September 28, 2004 by Resolution No. 04 -37, Series of 2004; and WHEREAS, said Final Subdivision Plat and Subdivision Improvements Agreement generally conform to the Subdivision Regulations of the Town of Avon. l:A Engineering \Subdivision \WildridgeAWestern Sage PUD \Res 05-18 Final Plat.Doc 6 NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby approves the Final Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado subject to completion of the following prior to execution and recording of Final Plat and Subdivision Improvements Agreement: 1) Completion of technical corrections as identified by Town Staff. 2) Submission of an Irrevocable Letter of Credit or other acceptable security in an amount of not less than $191,874.00 to assure completion of the specified public improvements. 3) The recording of covenants and by -laws addressing the construction, use and maintenance of the common access easements for the lots not having the typically required minimum frontage on a public street prior to, or in conjunction with recording of the Final Subdivision Plat. 4) The recording of Design Guidelines for this development as approved by the Town of Avon in conjunction with the P.U.D. approval, prior to, or in conjunction with recording of the Final Subdivision Plat. ADOPTED THIS DAY OF April, 2005. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 1:AEngineering \Subdivision \WildridgeAWestern Sage PUD \Res 05 -18 Final Plat.Doc WESTERN SAGE PUD SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, is by and among Jay K. Peterson ( "Subdivider "), and the Town of Avon, a Colorado municipality, by and through its Council (the "Town "). RECITALS WHEREAS, the Subdivider, in connection with the approval of the final plat for the Western Sage PUD, Lots 1— 8, consisting of 7.1 acres, a resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado (the "Subdivision "), desires to enter into a Subdivision Improvements Agreement ( "Agreement ") with the Town as provided for by Section 16.24. 100 of the Avon Municipal Code, as amended (the "Code "); and WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for completion of certain public improvements ( "Improvements ") as depicted on the plans approved by the Town for the Western Sage PUD, dated February 28, 2005, ( "Approved Plans ") and as set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Subdivider is responsible for the completion of the public improvements ( "Improvements "). NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Final Plat Approval. The Town agrees that upon compliance with all other conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat of The Western Sage PUD ( "Subdivision ") shall be promptly filed for recording with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. Subdivider agrees to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all improvements and work incidental thereto assigned as set forth as depicted on the Approved Plans and as set forth in Exhibit A. Subdivider further agrees that he will be responsible for all costs of Improvements as assigned. Said work shall be performed in accordance with the Approved Plans. Subdivider agrees to commence construction of Improvements prior to the issuance of a building permit for any lot in the subdivision and to complete the Improvements prior to the issuance of a Certificate of Occupancy for any building on any lot in the Subdivision. Commencement of construction of Improvements Western Save Subdivision Improvement Agreement I 11\ shall be deemed to mean the award and execution of contracts for the construction of the Improvements as depicted on Exhibit A. (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards established by the Town and /or Holy Cross Electric, Eagle River Water and Sanitation District, Excel Energy, Qwest Communications, Comcast ( "Utilities "), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. All work shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town and/or the Utilities. Such inspections by the Town and/or Utilities shall not relieve the Subdivider or his agents from any responsibility or obligation to assure that all work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town and Utilities. (2) Cost of Inspections. The cost, if any, of such inspections, by Town employees, or an independent third party inspector, shall be paid by the Subdivider and subject to the limitations set forth in paragraph 8 below. (3) Notice of Non - Compliance. In the event that the Town through it's inspectors, reasonably determines that the Improvements are not in compliance with the Approved Plans, it shall give written notice of such non - compliance ( "Notice of Non- Compliance ") to the Subdivider. The Notice of Non- Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Notice of Non - Compliance must be provided to the Subdivider within two (2) working days of the date of the inspection. Security for Completion of Improvements. (a) Security. To secure completion of the Improvements, the Subdivider hereby agrees to secure the respective obligations under this Agreement with collateral in accordance with Section 16.24. 100 of the Code. Collateral shall be one or a combination of the following: cash, its equivalent or irrevocable letter of credit ( "Collateral "). 4. Subdivider Improvements. (a) Security for Completion of Public Improvements. Subdivider shall deliver to the Town an irrevocable letter of credit issued by a reputable financial institution or other Collateral consistent with Section 16.24. 100 of the Code in an amount equal to one hundred and ten percent (110 %) of the estimated costs of completion of the Improvements as set forth on Exhibit B. The irrevocable letter of credit or other Collateral shall be delivered to the Town prior to, or concurrently with, recordation of the Final Plat for the Subdivision. Western Sage Subdivision Improvement Agreement 2 (b) Progress Payments on Subdivider's Improvements. Upon completion of itemized improvements for which cost estimates have been set forth in Exhibit B and upon receipt of the Certifications as specified in paragraph 7 below verifying that itemized portions of the Improvements have been completed, the amount of Collateral may be reduced periodically provided, however, that in no event will any such reduction cause the amount of remaining collateral to be less than an amount equal to one hundred and ten percent (110 %) of the estimated costs of completion of all remaining Improvements. Upon completion of all work related to the Improvements and the Town's and Utility's acceptance of the Improvements, the entire amount of remaining collateral less those amounts described in paragraph 6 below, shall be promptly released. (c) Default by Subdivider. In the event of a default in whole or in part by Subdivider, the Town shall be authorized to draw on the letter of credit or other collateral for the purpose of undertaking completion or remediation work on the Subdivider's Improvements after providing thirty (30) days' advance written notice of default and providing an opportunity during such period for Subdivider to cure the default. The Town shall be entitled to draw on such letter of credit or other collateral by Resolution of the Town Council stating (i) that Subdivider is in default, and (ii) the funds are required in order to complete or correct work on the Subdivider's Improvements. 6. Warranty Period. The Improvements shall be warranted to be free from defects in workmanship or quality for a period of one (1) year after acceptance of all the work by the Town. In the event of any such defect, the Town may require Subdivider to correct the defect in material or workmanship. Ten percent (10 %) of the total actual cost of completion of all Improvements shall be retained as collateral during such one (1) year period as a guaranty of performance of any work required pursuant to the above described warranty. In the event any corrective work is performed during the one -year warranty period then the warranty on said corrected work shall be extended for one year from the date on which it is completed. Collateral equal to 125% of the cost of any corrected work, as estimated by the Town, shall be retained by the Town for a period of one year from the date of completion of the corrected work. 7. Engineering Certification. Upon completion of portions of the Improvements, Subdivider will cause his engineers (who shall be registered in the State of Colorado) to certify in writing that the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town, as depicted on the Approved Plans. Inspection reports, test results and other supporting documentation shall be submitted with the certification. 8. Subdivision and Inspection Fees. Fees in accordance with the Town's Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in till. Additional fees, if any, shall be paid by the Subdivider within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees, if any, will be based on direct (out -of- pocket) costs of the Town plus an Western Sage Subdivision Improvement Agreement 3 administrative fee in the amount of fifteen (15 %) percent of the direct costs, but in no event will the total amount of such additional fees exceed five percent (5 %) of construction costs. 9. No Obligation of Town to Complete Improvements. Subdivider agrees that in the event it shall fail to perform its obligations as set forth herein, the Town shall be under no obligation to complete or perform any of the said Improvements or to issue permits for development within the Subdivision. 10. Non - Liability of Town; Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the work specified in this Agreement, nor shall the Town, nor any officer, agent or employee thereof, be liable for any persons or property injured by reason of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Subdivider, as hereinbefore stated. Furthermore, the Subdivider shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. 11. Rights of Town in Event of Default. In the event that Subdivider defaults in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Subdivider of such default during which period of time the Subdivider fails to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Improvements specified on Exhibit A. All such costs paid by the Town for such Improvements, together with all costs of personnel, equipment and other matters expended by the Town in furtherance of the construction responsibilities of Subdivider, shall be paid by Subdivider based upon the underlying responsibility for the Improvement in question. Any such costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider, shall be a lien on any property in the Subdivision owned by Subdivider at the time of default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town may bring a mandatory injunction action against Subdivider to require installation and construction of the Improvements, if not constructed within the time limits described in this Agreement. If any such action is brought by the Town, the Town shall be awarded its court costs and reasonable attorneys' fees. Western Sage Subdivision Improvement Aereement 4 12. Letter Certifying Completion and Final Acceptance of Improvements. When all Improvements have been completed and accepted by the Town, and the Warranty Period has expired, the Town agrees that it will issue a letter, in recordable form, certifying that all obligations of Subdivider under this Agreement have been satisfied. 13. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 14. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the parties hereto. The parties hereto have executed this Agreement as of the date first above written. TOWN OF AVON, a Colorado municipal corporation ATTEST: By: Town Clerk Mayor APPROVED AS TO FORM: Town Attorney Jay K. Peterson IN Subdivider Western Sa eg Subdivision Improvement Agreement $ EXHIBIT A Western Sage Development Subdivision Improvements Agreement APPROVED PLANS: Western Sage PUD Construction Drawings Wildridge, Town of Avon, Colorado February 2005 Sheets I through 9 Release Date: April —, 2005 Prepared by: Marcin Engineering LLC P.O. Box 1062 Avon Colorado 81620 Western Sage Subdivision Improvement Agreement 6 *I)r- V EXHIBIT B Western Safte Development Subdivision Improvements Agreement PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE Mobilization & Site Prep Water Main and Service Installation Sewer Main and Service Installation Shallow Utility Service Installation (Natural Gas, Cable TV, Telephone & Electric) Materials for Utility Installations Contingencies @ 15% Total Estimated Cost $ 19,950 44,765 23,600 14,900 48,464 22,752 $ 174,431 Security Required per Subdivision Improvements Agreement (110%) $ 191,874 Cost Estimate and Security Amount Based on Proposal dated March 30, 2005: From: The Reynolds Corporation P.O. Box 738 Avon, CO 81620 To: Jay Peterson Suite 208 108 South Frontage Road Vail, Colorado 81657 Project Reference: Western Sage PUD A Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge Avon, Colorado Project Engineers: Marcin Engineers, LLC P.O. Box 1062 Avon, CO 81620 Western Sage Subdivision Improvement Agreement I AMENDED FINAL PLAT WESTERN SAGE DEVELOPMENT A RESUBDIVISION OF LOT 54, 55, 89, & 90, BLOCK 4, WILDRIDGE TOWN OF AVON, EAGLE COUNTY; COLORADO L` I l r '• / ' 7:: WN OF pVOiV J _ 1 i u r..,, 574F 1� 99A ;5. 1;t rr r f F--I 5—s TC yr \ aIFF /Ci`a All l I � X CJ � F,7 A 3' NA i3ONAi rORES> f, ji S 1 tt1 4M1711 7E RIVER NA7101VAL FOREST ' L VICINITY MAP SCALE 1" =2000' 41199 HIGH'— 6 & 24, CACLE -`TAIL P.O. DO 1230 COWARDS. Co. 81632 9]0 9a9 -1 i(;6 P_RE L M1 NAR`i7 SURVE'YOR'S CERTIFICATE 1. Stan Hog Feldt, do hereby certify that I an a Registered Land Surveyor licensed under the lows of the State of C."...., that this Pint is o true, c ect and complete Ptot of 'Western Sage Devetopnent' As told out, plotted, detlic.ted and shown hereon, that such Plat w Made Fran a rate s vey of said property by Me antl under My supervision I'd correctly shows the I... Von sl and ahenons of the lots, a ents and Streets of said subdivision as the $one were staked upon the groond in onpiiance with appif -loe regulations governing the subdivision of fond All n n efts w e set a $ req'Ved by the Suiadiv,slon Regulations Of the Town of Avon. In witness whereof I have set My hand and seat this _____ day of ______________________ A.D.. __________ Stan Colorado PL do PLdt S 26598 CERTIFICATION OF DEDICATION AND OWNERSHIP Kn all n b these efts that J Paterson, Y K n, bein pres ay D sde jhed as In fee sNpie. of all that real property descripetl s follows Lots 54, 55, 89, AND 90, BLOCK t, WILDRIDGE a —diMg to the plot thereof recorded as Reception Nunber 226437 in the office of the Eagl C ty Col ... do, Clerk .nd Recorder. cont.ining 7.125 a r t has by these presents laid dut plotted and soballvIded the W t i t L t n vlh hre ad ignt ha gns a g e pment' T f A C ty f Enle, St to of Colorado and dedtc¢t f p bNc. the t eets sho h I1 Including .venues d i bowl d i nes, arts and obeys to the Tow of P and t tlllty end dr.inage w.—Ord. shown hereon Par utalty and drairoga purposes only) And do further state that this sobdlvlslbb shall be subJect to the Protective Covenants flied and recorded for this Subdivision In the Office of the Clerk and Recorder of Eagle County, Colorado, ns Document Nunber Executed this ----- day of-------------- A D OWNER J¢y K Peterson STATE OF __. _ _) SS cauNTr If __ __> The Poregoing Dedication was ackM.Medged before he tnis ____ day of ----------- 20__ by Jay K Peterson. My —Mission oxpir - _____- Wess My hand d Seul itn Notary Public TITLE INSURANCE COMPANY CERTIFICATE does hereoy certify that Land Title Guarantee Company h.s a .mined the titleto oil lands shown upon this pint and that title io such lands Is vested 11 Jay K. Peterson free and clear of oil liens, encumbrances, tuxes and III ess.ents eucept as poll... Land Title Guarantee Company By'________ _____________ TOWN CERTIFICATE This plot. l cl ding < tl or by lot Imes t d Ights of way, p<e I ly dedicated tl t d dlc t d h , is approved by 'he T C ncil of the Town of A Couty of Engle State fColo do this day or __ 20_ AD, For filing with the Clerk,and Record r of the Count, of E gl and F ey ce to the T f the PuI,Ir dedIcati n ho h the - sup. r de th pr`.b Ptnt, Su Ject t the pr i ld that pp ql In !x5 y obligat 5 the Town f A f Fkm g tr rtiq f k+pr ne is on lards. ats or nts dedi t d cepi p "Iffe 11 .greed t by tha To Co A and F ther that id app ovai shall i p y bligat th T x F A i Inten nc of street tU st cti f - -.I p nts th h Il hove been pi t d t the tl f ctb f the T C A,.- Approval of thi PI t by th T 1 cons t my and Is n t to be Coast d s an .ppr 1 of th ; hMcol'r r ectne OF tWS plot or any documents retatwg thereto WITNESS MY HAND AND SEAL OF THE TOWN OF AVON TOWN COUNCIL OF THE TOWN OF AVON BY' Mayor __ __ _ _________ _ __ Attest Town Clerk CERTIFICATE OF TAXES PAID 1, the undersigned, do hereby certify that :the entire - amount of taxes. and -p a meats doe. and poyabie a of _ upon all parcel f eatsest.,, described do th.isJ plot 'a a paid n Fuli Dated this ______ _d y of ___ ___________ AD. 20___. Treo su F Engle County CLERK AND RECORDERS CERTIFICATE - This Plat was. FAed for record 0 the Office of the. Clerk and Recorder at _____. clock _____ _____________ A.D., 20 noel duly recorded under: Reception Nu 'er Clerk antl Recorder By'__ >_ _______________ Deputy. Protect We Covenants a orded order Reception. No.____ ___ ___ _______ , JOR Plo. 2a48 SHEET Y O<1 FINAL PLAT WESTERN SAGE DEVELOPMENT A RESUBDIVISION OF LOTS 54, 55, 89, & 90, BLOCK 4, WILDRIDGE TOWN OF AVON, EAGLE COUNTY, COLORADO LOT 8 57617) 1.201 ACRES / BUILDING QFL \QG` ,/'t 0.0' /., p p9h \ \�• \, ENVELOPE (TYP.) �yt ty\ / S °�.� \� 10.0' l LOT 7 \ \\ 0.7378 ACRES v / \ to \ /fir. \�• R= 778.00' L =34.72' / '�, C T=17.49' EN 9' \\ \ \ CLEN= 34.59' ,o.o•, LOT 6 Ioo'^ ��\ \ \ \ \\ BRG =S 0394'14" W 1775 \ \ \ \ \\ DRAINAGE &N''.. UTILITY EASEMENT i0t'� 0.7332 ACRES eta e t \ \ �i %a• &I TRACT C TRACT H \ ',5 6 ' .1 \ OPEN SPACE 4 \ LIRE SEARING DISTANCE Lt S 84 "48 "28" W, CHORD LENGTH t2 5 29'09 54 I, 10.94 L3 S 78'42'24 E 10,43' L4 N 05'17'32' W 10.43' 21'26'23° N 05'11'32 W 10.43' R= R= 775 "00' S 05'1132 E N 3056'0 W L= 290.00' T- 146'%2 10' SLOPE MAItITf t ANCE DRAINAGE Ar10 SNDW STORAGE EASEMENT / .�' \ / ORAIIJACE & 144418 . ANO UTILTY EASEMENT UTILITY EASEfdENT C LEN = 288.31' /. /, 41'48'42 BRG =N 36'08'25" W i ! ' .-0* LOT 88 32A 1' /4 , h C5 iS59'45 70.00 17.10 5.59- 17.06' It 38'50'26" E �• 1 .� f � '- �^ 30' ACCESS EASEtICI T YS VACATED BY THIS PLAT s' LOT 8 57617) 1.201 ACRES / BUILDING QFL \QG` ,/'t 0.0' /., p p9h \ \�• \, ENVELOPE (TYP.) �yt ty\ / S °�.� \� 10.0' l LOT 7 \ \\ 0.7378 ACRES v / \ to \ /fir. \�• R= 778.00' L =34.72' / '�, C T=17.49' EN 9' \\ \ \ CLEN= 34.59' ,o.o•, LOT 6 Ioo'^ ��\ \ \ \ \\ BRG =S 0394'14" W 1775 \ \ \ \ \\ DRAINAGE &N''.. UTILITY EASEMENT i0t'� 0.7332 ACRES eta e t \ \ �i %a• &I TRACT C TRACT H \ ',5 6 ' .1 \ OPEN SPACE 4 \ LIRE SEARING DISTANCE Lt S 84 "48 "28" W, CHORD LENGTH t2 5 29'09 54 I, 10.94 L3 S 78'42'24 E 10,43' L4 N 05'17'32' W 10.43' 45 N 05'11'32 W 10.43' L6 S 05'1132 E N 3056'0 W L7 N 78.42'24" IN 10.43' zo' DRAINAGE * UTILITY EASEMENT (TYP.) '� r- _ A 48.84' 92jg' ,3? N 773g, s 8~48'28" \ S9" £ 11 29.51' \ 0 3 _ ? 94 N 05'1,'32" W HOi / 9� \ I `�J 30.D1' 0 ,• 7 ttti.2q' / 10' UTILITY '!?� L4 L5 EnSEME t0' UTILITY - r,T EASEMENT / 10.0'-/ N I 30' UTILITY EASEMENT J J LOT 4 VACATED BY THIS PLAT 7 JJ 10.0' Szm �-�T 5 0.8992 ACRES N 0.9290 ACRES Ji t 20' DRAINAGE & Y/ Jry 7 y. UTILITY EASEMENT (T /YP) t W \4` \ o \ \ o CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C1 00'1453" 775.00' 3.3"0 1.68' 3.36' N 25'32'38" W C2 d0'32 LOT 3 0.8316 ACRES 11.44 4392' N 3056'0 W C3 103 .. 144418 . 7230 N 41'31'52' W C4 41'48'42 x5.00' 32.84' 17.19 32A 1' N 59'47'02 E C5 iS59'45 70.00 17.10 5.59- 17.06' It 38'50'26" E H1011WAY 6 & 24, 0% 7230 OS, CO. 81632 TRACT H OPEN SPACE Np TESL 1) Dote of Su vey: 12/2H/2004 2) Monunentation a shown on drnwing. 3) Bost, of beorin9s o Lne c- e<un9 found n cots aridng the westzrly boundary being N10'31'42'Eias nntl tlescrihed hereon:. 4) Notice Acc..ding to Color9do I— you must c any 1e9o1 oction U-" won any defect in this survey . within three years after you First discover such deFect. In n ent, ony -, a['0 bosed upon any defect In, this s vey I- c -11 n e thou ten years Fron the date of the ertifcotivn 0- 5) Lend Title Guar ­tee Ccnpany title policy No. CTA150DO2986 dated 2/9/2004 was .-d For all --t and title inr'nrr „tion. 6) Pratectiva C.avennnts for Wiidridge are recorded in Bool, 345, Pogo 844. 7) Utilities and Stornwoter Faciliti- Service for all utilities oust be provided to all tots eated in conjunction with ony subdivon of Lots 54,55, 8) Ad 7.5' , and 10.0' wide utlltty and drainoge eo ements typlcol vd!tnn and alongvthe Property fines of lots 54. 55. 89, and 90. Blocs <, KSidridge ,.-I Riot arr to be abandoned by this #tat. 9) Limit, of developable and hen. devetopeble a o within Tats is defined and shown h<vean, rb devrlapement shall occur wi Ihr non - developable - without the written specific apVrovai o7 the Covenants C mmlttee and the 'town of A- DevNOpment shell Include buildings, fences, signs, road;. and grading. Non- tleveipable .revs shell be physicnily undis {urbrd and Icft in Tom, p ..chi natural stale a cept for app,,V d 1c_e.,s and utility roscmrnts. HATCHED AREA REPRESENTS /NON - DEVELOPABLE AREA LEGEND \ / MONUMENI'ATIONE INDICATES FOUND #5 REBAR & 1 1/2" ALUM. CAP LS #26598 ♦ INDICATES FOUND #5 REBAR & 1 1 /2" ALUAL CAP LS 95447 ♦ INDICATES FOUND #5 REBAR & YELLOW PLASTIC CAP LC #27596 %%% INDICATES LOT ADDRESS �%a ! LOT 56 y R= 45.00' L= 54.80' t REPRESENTS PROPERTY -ES T °31'38' VACATED BY THIS PLAT C LEN= 51.47' BRG =N 45'48'13" E 73j` ^77`8`89" W 'G7 LONGSUN LANE T _ COMMON Access A o 2 >7,8 >' 42" 128.20' UTILITY EASEMENT '�+.... E -- - --1 45' RADIUS CUL QE SAC JI`.._� - --,.J9'ss^ E lazol• \� 30J0. age S 0918 :_tO1.0i'� 1D.o'- '."),` P, 177. 27.79' J" 10.0• -L o. 7 10.0' 7 7r -_ 100....' -^ -_ T. `(, 0.0' I - LOT 3 to.0' r( \� 7 5205 J7 10' SLOPE MAINTENANCE DRAINAGE AND SHOW 0.8316 ACRES (V, 700' j- % �« ! t STORAGE EASEMENT t t 71 AND UTILITY EASEMENT J BUIf11NG ENVELOPE(TP.) JJJN 17 LOT 2 n 10.0 5203 Ji0 J �z t T \ I 0.8485 ACRES J � LOT 1 / O ( EAS10' EUMEILITY PIT 30' UOUTY N I(N- 24' --4, 1J Jt l 0.9442 ACRES EASEMENT 7» E�7 N 1052'97» \ \ 15' 7 20' DRANAGE & 25' DRAINAGE E- .,552.35 } t UTILITY EASEMENT (TYP.) EASEMENT \\�300.01 W � / V\ \ 8AS /S or BEARINGS >8 ?.OQ` 1374. G , LOT 53 - w � I t \ \ \\ t HATCHED MCA REPRESENTS S E A AREA t 0' 40' Bo• 120' SCALE: 1" 40' LAND USE SUMMARY AREA USE ADDRESS LOT 1 0.9442 ACRES SINGLE FAMILY RESIDEIVAL 5201 LONGSON LAME LOT 2 08485 AGES SEIGLE FAMILY RE510ENTAL 5203 LONGSUN LANE LOT 3 0.8316 ACRES SINGLE FAMILY RESIDENTIAL 5205 LONGSUN LANE LOT 4 0.8992 ACRES CIRCLE FAMILY RESIDENTIAL 5207 LONGSUN LANE LOT 5 0.9290 ACRES SINGLE F'AMEY RESIDENTIAL 5209 LONGSUN LANE LOT 6 0.7332 ACRES SINGLE FAMILY RESIDENTIAL 5775 WILDRIDGE ROAD EAST LOT 7 0.7378 ACRES SINGLE FAMILY RESIDENTIAL 5771 WILDRIDGE ROAD EAST LOT 8 1.201 ACRES SINGLE FAMILY RE30Ep T,AL 5767 WILDRIDGE ROAD EAST TOTAL 7.125 ACRES Np TESL 1) Dote of Su vey: 12/2H/2004 2) Monunentation a shown on drnwing. 3) Bost, of beorin9s o Lne c- e<un9 found n cots aridng the westzrly boundary being N10'31'42'Eias nntl tlescrihed hereon:. 4) Notice Acc..ding to Color9do I— you must c any 1e9o1 oction U-" won any defect in this survey . within three years after you First discover such deFect. In n ent, ony -, a['0 bosed upon any defect In, this s vey I- c -11 n e thou ten years Fron the date of the ertifcotivn 0- 5) Lend Title Guar ­tee Ccnpany title policy No. CTA150DO2986 dated 2/9/2004 was .-d For all --t and title inr'nrr „tion. 6) Pratectiva C.avennnts for Wiidridge are recorded in Bool, 345, Pogo 844. 7) Utilities and Stornwoter Faciliti- Service for all utilities oust be provided to all tots eated in conjunction with ony subdivon of Lots 54,55, 8) Ad 7.5' , and 10.0' wide utlltty and drainoge eo ements typlcol vd!tnn and alongvthe Property fines of lots 54. 55. 89, and 90. Blocs <, KSidridge ,.-I Riot arr to be abandoned by this #tat. 9) Limit, of developable and hen. devetopeble a o within Tats is defined and shown h<vean, rb devrlapement shall occur wi Ihr non - developable - without the written specific apVrovai o7 the Covenants C mmlttee and the 'town of A- DevNOpment shell Include buildings, fences, signs, road;. and grading. Non- tleveipable .revs shell be physicnily undis {urbrd and Icft in Tom, p ..chi natural stale a cept for app,,V d 1c_e.,s and utility roscmrnts. HATCHED AREA REPRESENTS /NON - DEVELOPABLE AREA LEGEND \ / MONUMENI'ATIONE INDICATES FOUND #5 REBAR & 1 1/2" ALUM. CAP LS #26598 ♦ INDICATES FOUND #5 REBAR & 1 1 /2" ALUAL CAP LS 95447 ♦ INDICATES FOUND #5 REBAR & YELLOW PLASTIC CAP LC #27596 %%% INDICATES LOT ADDRESS �%a ! LOT 56 y R= 45.00' L= 54.80' t REPRESENTS PROPERTY -ES T °31'38' VACATED BY THIS PLAT C LEN= 51.47' BRG =N 45'48'13" E 73j` ^77`8`89" W 'G7 LONGSUN LANE T _ COMMON Access A o 2 >7,8 >' 42" 128.20' UTILITY EASEMENT '�+.... E -- - --1 45' RADIUS CUL QE SAC JI`.._� - --,.J9'ss^ E lazol• \� 30J0. age S 0918 :_tO1.0i'� 1D.o'- '."),` P, 177. 27.79' J" 10.0• -L o. 7 10.0' 7 7r -_ 100....' -^ -_ T. `(, 0.0' I - LOT 3 to.0' r( \� 7 5205 J7 10' SLOPE MAINTENANCE DRAINAGE AND SHOW 0.8316 ACRES (V, 700' j- % �« ! t STORAGE EASEMENT t t 71 AND UTILITY EASEMENT J BUIf11NG ENVELOPE(TP.) JJJN 17 LOT 2 n 10.0 5203 Ji0 J �z t T \ I 0.8485 ACRES J � LOT 1 / O ( EAS10' EUMEILITY PIT 30' UOUTY N I(N- 24' --4, 1J Jt l 0.9442 ACRES EASEMENT 7» E�7 N 1052'97» \ \ 15' 7 20' DRANAGE & 25' DRAINAGE E- .,552.35 } t UTILITY EASEMENT (TYP.) EASEMENT \\�300.01 W � / V\ \ 8AS /S or BEARINGS >8 ?.OQ` 1374. G , LOT 53 - w � I t \ \ \\ t HATCHED MCA REPRESENTS S E A AREA t 0' 40' Bo• 120' SCALE: 1" 40' GENERAL NOTES I The --b� encit centeno 1. he To. of - .- ­Jhniona one te"...tJoh, ­eeibiq the", I, e-, on 'n., Th. CIenocie, .. __. I ­ebec'. -", " �� ­cin In- . W. I.- of - ce -, In "I," - -, h,_ I. N. .tat of !­­ ell be O."chhK, 1 .1. No and _­_ -It,. ""t, to Na 3. Thor _hoclba b wan, Not coow_ ei.i.noes .1t." phe, 1. b.,­o on, con-clion, III. - ­.", on I -I- to, fln. one - to, hthbe eep.), Alente, Z,= EnpMexNp n Nei, 0 1, -.. -1 c-I 1. .1. the ProPwad c non Moo on Inhe inn � ­d. 1. el-I. _.­g niul- . -ini; be `;ty fee "'Iny �y he -0I I, _,no -, Na 'h"' - min" ­ y - I, b- di,��. 1�, the C - nn'th'I tho, _ damaged by the con­ Not ­ We,,ey ­ he , by the , It no axpwr.e . .. __ A, E g.- 4. lhhs ehon conon, on he I- .-I of -I. and le-­, ­c, me Ieeboy to pe,­ the ­be 5. Ai ee ehno- ebon -I- T_ ­0. C_ Carina" .. I - o, I--- In Na -.. I .-Ing III-floe Zc."?, 1,e ne. R In. --to, -een. .1h, the work wiNout e Rlez-Y ­ o­-----In ]. Wearwlbna of the cork N ""'n" -1 are not I be _­ ne I sty by M­ E,­g _h.- for 'I el -1 Tin. C-11­1 - -d;..'. who the Omr, Na Tam or Awn aM ont ni ­Jof Zw_.. B. coe.-clion ending b by En,.-g le, of N. -V.I- ­ fh1­9 _,no. 'I, -h', in no-, in. "0.", '1. ror /" compliance by Ne ""ohele p*"'y el. any 12, An -tinty ,eh- to rued I- to be -lect. I t.b. le, Sol. E.ofhee, la Soo. ­9 iv by te. Qnrx, 'I the _­ ­1 .. �. .. ­ one .- of I.. The �hocle, ­Ion. 1. aga6cmtlY reduce any p.,.n.. oon,hoo __ by hi. or le"hil- " oo-icIe, etc. lies Cohboclo, ..I new idennfl. piece 1 for I new Idenh_ ap. preen,. -4 leaner» pr «edwaa h", be on, «UYtbt I, in. wppa, at. hS. The coen.le, .. ebe, 1- (2) eel. 1, -..c, ­, n, -1 _h, dloeh, 7be be proHded to o Wine ned niennelee to beelool to If orY "'"Id "" " encountered, encountered, " ' ­ contact the p"I" ."I Me p"'"'% 17 The Nell "_`_ ­-q _ _ .""A ..-. one -.-- I-' as to protxt roods ond "-y 1. Tpoyphic Ifooholkin, ­ W.- by other. 19 Rood ienhw". Mall be proof rd4e end bee of dee «ton to lM1e »tbraclas If the my 1­9 -, A,on be neeke, ned goof need IKIM -0 eo,:epted by the Geobeo,­ �9­ en, no IddiIIIIIII .., to Z, 0­ ,Iobhl " be ­. to I I.-- of 1/- 0.5 1-1 bIo7oc. In bee I- onee. nee W bin I' no. ­­ of Io,­ Toho. 0­1 MM be by 01J,_ ­ o.er.im net., At - deen,,obe _. -- Na dmignotetl inift, be I, .... -I 22 Tehoe Nag be "Inppee and ­01- 23. $n, eh,ii, no. been oeeillnee 11 bei- 9:+.n We Weh and. I— ­ rain » me C.- D.,oenni. C.­ I, I__: N A..- A. ­ 2,1. 0­,l. I-I (I- F­­­ de- - cDol ­.nionne, 2025,02A) --I- ­Apil. I I-- 21inIteo by - Om­ Mo __ -,-, .. be I- ror ­ I- ., __ cho-'e, hi _­ he one, ­,, IN I, I-- - -I erns ohni, .-I. ­­ by no «uMtb on oh, el.. 21 Oual o-hol be In I. to -.- _,-t,_ and .., o,, provided b, Con,_hh. ., he in. - or A- 21. . e.nswetbn ­.'e, must I-my I. .. iinne .1 Cdwodo eosin thing 1- AeeeciIIbI cil,ol and Ab _1­1 Fe,- Permit* le, NformoVm ca,tact the _,nee 0_,__t or ­M. ­b, O.vaty CmVd Di Gaon. 0-- (bII 1111 Alteh­ 1-14 aril Enkecwnenl S «Von, Phase (3g3)- 692 -3590. The __l. 4 reapar.lee to, " perm, HOLY CROSS ELECTRIC CONSTRUCTION SPECIFICATIONS 1. m­ Anti, ccemT III- .. be eacvw40 deep sw,fr to the - of Mal- ­ ­.cll.. .a be it, below en ore 'it.. the top be - b... the A."- of -.,. I-- on ore ,ode innnee 4 hoe - w in oeon, . in the One— M .11 -1 _0 2. 11­9 oe. "oh.l. oe,ech, 1.- -11. -1 1 bon- of -.. A _ If ,. I, - __ - ne, ­ ­ In th. hen. 1. to __ I- It __ I- - . c__ lo, in ­rz, e.= in­hoh, loced in the hench I- to lent no be w­ _.. 10 deeps utalt»e win no- I I, I- -It- b- on, ceehe, aunty 'e, . the neon, a .. .04, -- .., .. -- - I-, I.11 . in. ­9 ." M.- 7 I, ne pbeeie.. ­e, -I- .. be the _/2:1 bon, the ­­ of lbe I— ally t-.- I, nen,,b­ -.1 ­ paced In ne I-- _­ I ..-. .1 W ap "oem mu Zilto�eo ont-een onee, hhottle, and the Ine, Iontl­ ih no coe. � loalbe, of so "aunty Inany in w.,he, neow - III. ­e, I..."ee. 6. blodkob .4 tom ,,ocuoh il be be,bohnee as ­i,ed by in. ­nehho entity . hAe, PI,­iy ­9 8. CaWUIt n, MM be V.,h. A 1.11 be 11-en thr-, - ­R Na will 01 -ch w.t., ", e=-, -d. ­ be in I— in ­­ b- A., ,in In ,h.j­ pmt •. t be made ­1 - -I,- opprvw ham holy Gam Ehe," 7, _ Man be covered eiW It leoet C It I— ece a wed oi­ 1. be- Loin, ­ ence not be 1,— 0 dWeeby on 1. of ­ ., - Caa ­t be I.- to owA coinage to --I. or .­ II., ­ and 8. h., -Ab `h-1 "-I ih­t - --1' 1. ond I.. botc,m. (iin, � Eee," -t .-no, mo, to b.M6p} 'ohni" enne'll wham v -1 ..' te capVx -1 manor vn. a i x 4" It. VpM madNg Iwo oral be ..I- by Holy Gam insgy oM NW be ­oleo 'a, ­ We o-II., o, coMa yrMq bad W. li. VAULTS In— 4055 ztoERD,) A: -h,= be .1. ne, hi-boi. of 1, Igh., ­ th. T-.-- be ond -11. .., the .. th. bonon, node. 1 the - .1 C. win a walk - .1 .1. . Ighh! - the ­ hh, of In. -1 .11 th, ".­ .-c., 1. A I, b. I- the" We - 'I be in- b- -encl-til to I--' -- � lo­, .1. the led- =!.renline, -1. one _­ 11 the -It be I.. ,= I , ­, a An -1..a be in.lonen - le. the lop oo", I, E. pnee w An. Nj be el- It the I, _.hIn -I- by F. "nel. - 1. be 1-- - of nee A,-,, - z Holm .- in -11. - ­ lihilon- Map be I, -. I, lhi- and Mai be ywtee dcaed on Na _... .1 .. -1 pno, 1. balm. --` -- ­ -- -en-or I- the -1 -- and .-1 2- ob.- ne, door of the -.I. 4. Cw&Q -in be cIl on 2* to 4* ban Inc Made wW of ­ ­ 5. Pedeetd. fo, DNS n1.11- Ndi not be i «oted .- - IQ -1 1. 1 -It on - more trmafwm.+a mitts pea eii b- =_ Ieneete'. = not I. I I. __ won 5 1-1 1. 1 We �­Ahhkeo .1 . not - CONSULTANT CONTACTS J-Y P-W-. (0.­), (970) 476-0092 To- of A- PI1,11. Works. Bob Rinec! / (970) 748-4100 HIIII-odh Pollock Gaotechntcai, Inc, Jordy Adembion, PE (r--tbchh;c,b Engineer), (970) 9*5-7988 bo"cle Eilgithillith). UG, Tom tho'cil, PE (Cheif Engineer) (970) 748 -0274 Eogto Valley S-ying, Inc. Stet 1,19fedt. PLS (Project 5,,wyor) (970) 949-1406 'WESTERN SAGE PUD CONSTRUCTION DRAWINGS WILDRIDGE, TOWN OF AVON, COLORADO MARCH, 2005 WATER NOTES 1, An ..'e, I.. ca -lon on. ­ to .& 2003 el-no,ol, and --b- ftlhiti. 2. All oolohol. -I eaWnmNlp anal be -bj*cI I. n,-- by the ­­ ­/a 'I. 1-toli- The dl,,nho pt I. I-,, - III— my materide .-I wwMnsMip Not . not ­ b, A­ _..h_., 3. Coro Ilen .1 .1 __ ..., W eihno. and rnmp.c,bn teat realta aWmltted 1. the To- of A- and ­ En,lne p­ I. 4. The Cony .1 on 11m I- a --,. b," -, el, conked dra.M9a in"' In to luny ­1- ­I-ih -1-1 bole Ii­l In. be 111- 1. 11111, (:Igine,eing pon -pinhi. of Me m-thht ­be m be, h­ . ­ I.-Innoe It - in,- ne, - Oink. ­ehht to one S. enthe 1 0 b- pipe. A-A 11, le, on 52, .1 -ne, It,- 1. 7 1-1 .1 vow. _ 6. Ae vats mein. Noll be hyawtaVCdiy ­ in c-.. no, Efhe& •I-d.,.. tTloine leen-1 toon be - in ­1- 7 ThIel thooe are 1-I.e of no I,- & Pr d. to lin­ hoohe ­ntion bet. .­ and »mr I— P. ­-1 of Heont, 9- _,nn, of -I- lf,h, bands ­ In— only . I ohinetIne. on now ­e1on, end coothen. -d ­II -A. be rpuvea ohightt M Ifecle ,-Jeo oaamm no reapwlnuaNltY le, .."y «oli «¢ It . the emir «ton --ti, to fled wiry in. -, or on _nho pr I. ton : I- Loy "I" day We -h, 1- and Bi- .1.- 2. - aN asNU ands ... I- _h, -, pointed per Nab raspxdn eIh, .1. it, thee, I, 6,W." b-1. - ­L la The, Inhhol and 14 Engines Mop be hetilen by on, -ho­ It 1­1 . ­ ph o, I. on, ..h, 14. Worts inhe III not I. be mode wd wete, linee ­ not to be In.t.­ "'Ain any IiIifldmg footprint nho,h ­­9 InIn It n,i nho ­ ine, Coo­ -in E,,ith q m ERW &50 to, I.- Contractor I. I"Inq , _b 'I. fee I he, (- d... by S= , enien, I.. I. y E e� of ­inobng 1­1 to -I eltb­ pronely ­t1l, .hot deMm ­­cllon 18. Tns Contractor Mal conduct I ­,, wi. ER-. 48 horn P­ to _­I- to nhiniciPet Or d..bKI 1--. and ap «Iiicotbna ant Ve -).1 1. cmelructlon ­­ by repreamhatirea conte. of Z116p onit. h,hict ­,hin,cit ­et be obno­ by ­ coh­­ c_­= .. one (1) - y .1 the p­ coo. ­ (I) - of the ­-ne -inIonon,, It I.- __._ .. - ori. ,oho.l. -I I, I. ­h­ D_­ . the ton h. I, I. __ 18. Hydrant Ialem4 anal oat horse _.C. It- A b 1/2% 1 1/2, a 9 1/2' -ydr­ 11 acceptode. y 11-1 1— Nor 1 1/2' Iee, .1. not be ll. An -he esvkea dwa be I• T,. 'K' _- I.- eb­. ­lec, SEWER NOTES An -R-11 sews ­1­6. - -- . EI,1. It- teel. - $ holxin bh,­ (ER-SO) 2- ­_a, pxiecoV 2. Ab ­­ and wonmmMip .., be I. by be o"b". o'ei, The filen-, the Nn, to occpt "reject any mdr ,notedd. .d ­,hip inot do not to ohn'. ­­ I Ioeci8ce- 3. The thob'Ict and its E-9- ore to b,, noVned by In. ­­ It 1- a8 noun pnkr CwnpactM of dl ,mats., mud! be attained and _,_kion l.h. ­ne _rnthen to E.cto CxntY. EHwk50, and Moran En9haerh9 griw to v-l- {. The c,hoo- M It In tM» Inen . _h, or ­­,, _.. -. I, I Noy noic.i. _dn­, i;,tio be I—- Mite upon .- It .. - A-I, _, .. b. If Q' " it- bliteket -Iniente to nit in'thil.. co. end If = by oeri, =t, c', I ­t­ ­tor 11 to A— It I.t it. -I I., - be .­16. .1. At. M. " 35 p"""o pipe. """t "'n ­I- I . e_ _ In- .� A- ci_nKiiii It ­­ bigh, wAb be Pipe mould- to ASN D-11.1 -11 .1. 1. b.1 -d 1l,I Itee ­ I h,­ o...' I ­ 1. Ati. _I D-a2,2. 11 "Ine IampNg, 1- 11-11 11 teet. 11 ]: The Cstr «tor Ndi -11, catering pipe o, ­­ Mvata It h­ pp.I, prkr N --ion 6. N «hole rbn. Mill be -1 .1 - ­­ 1-— 10 . ­ce .1. f,h,bl, ohl -ly ooptiln,, enob be - 1. p., ran ­11ot. I. , I— the -­n, 1. 12 1—— 9. The Contract" .. I— - 'I �y hIce III ­e In- and e-ee to ­te ohn, floe ­0 oh, I-e of k,­fin,, at t1h e-- of n4h, `_­ , I, awe, I ­idny "I.. .-I- .. he _­­ ..in I _­ .- ­ -.- .. I. i.ee ,,I I ,to, III- ­_ III— A. ­le to, ­eII. --to, ... A. ­ T­ I ­ .1. 1 211-no, ­­ e.-,. .1 � hIL 1. . 19 be -­Ied ­ n 01- beno-it - An in the -­1 ---- I.Ine., ­1 1. A­ c­ o, Ab. ­.b. 111. 0 Vents ­_, _y or , - ie -I- fit .­­ .- 1. 10 be hollil. pow th, tt, al pipe i2. The I' '. t7, noted am th"). I Z I Z-, I I , on , It I' olie la ob I I I to hen Eagle R l­ wets I oo n i I I I I . D h I, K, I, con b,n . ta 1, Mil : ­ �eo In ,--oilin, fe, ­­n_ ER-. le, I, Sees 1­ .1. not to be -d I,— 1.. 1. be en. no pole, c-lo" Narcm E - I_ , Aw 2 T =z-o' .,W (., c. I I _. - %?) - _making -ti `,hes any i- 7Z. =.Z, b eh, h, no- _., ­­.o 15. 4, 1* "1, or ­Ion 0-1 to 1 11 -, conduct . II-ter, nneenn, wits ERWkSO ♦ nI 1-re prior 1. 18. AN csaVUCVm NW -I- to munkym a coiner aisdarda ond Niiect-I... vnd 1. tIottIt to cm wc11m ob­ho, by Na , ­,­,t.n­ CI,je, of ­jooi 'I'd- - be obtoven by in. cont",­ c­octo, - he. on, (1) copy of the A— ono 1— 11,. Con be Na 4 - - ­1 of In. ­1 .--. on III. jb ­ .1 .1 gzll) - .1 In. UTILITY CONTACTS WOW & See,, System (Ecqk, River Wobn, and S,,It,,y Dielvict), Fred H,sl­ (970) 476-7480 Electric (Holy Cloe, Energy) Mike M,kWC (970) 748-4302 Telephone (Centryte, P11,111i, Kenny (970) 328-8290 Gee ()(1h] Energy), Kit 8.9ort (970) 262-4024 Cable Services (AT&T Cwle,ioloh), Cooh, Not— Se­­ Floyd Sdue, (970) 949-1224 ErtL 112 VICINITY MAP APPROXIMATE SCALE: 1 INCH = 1000 FEET SHEET INDEX 1 COVER SHEET 2 TOPOGRAPHICAL SURVEY 3 OVERALL GRADING PLAN 4 OVERALL UTILITY PLAN 5 SANITARY SEWER PLAN AND PROFILE 6 ROAD PLAN AND PROFILE-STA 10+00 TO 14+50 7 ROAD PLAN AND PROFILE-STA 14+50 TO 17+00 8 SHALLOW UTILITIES PLAN 9 DETAILS SHEET 0 _j _j Z FE w w K 0 Z w z 0 N Q N (D 00 X off mo _j 0 Z 0 0 0 1 0 C) 0 Z w 0 > < tj- z 0 w FW Z _ V) 0 W F- w _j 3: O LL w W I V) T w 0 0 Vl JOB: 03034 DATE: 3/24/05 SHEET 1 0 1 0 W i L D R I D G E s i.' 6o 1 s I Q BLOCKS. SHEET INDEX 1 COVER SHEET 2 TOPOGRAPHICAL SURVEY 3 OVERALL GRADING PLAN 4 OVERALL UTILITY PLAN 5 SANITARY SEWER PLAN AND PROFILE 6 ROAD PLAN AND PROFILE-STA 10+00 TO 14+50 7 ROAD PLAN AND PROFILE-STA 14+50 TO 17+00 8 SHALLOW UTILITIES PLAN 9 DETAILS SHEET 0 _j _j Z FE w w K 0 Z w z 0 N Q N (D 00 X off mo _j 0 Z 0 0 0 1 0 C) 0 Z w 0 > < tj- z 0 w FW Z _ V) 0 W F- w _j 3: O LL w W I V) T w 0 0 Vl JOB: 03034 DATE: 3/24/05 SHEET 1 0 1 0 0 _j _j Z FE w w K 0 Z w z 0 N Q N (D 00 X off mo _j 0 Z 0 0 0 1 0 C) 0 Z w 0 > < tj- z 0 w FW Z _ V) 0 W F- w _j 3: O LL w W I V) T w 0 0 Vl JOB: 03034 DATE: 3/24/05 SHEET 1 0 1 0 INSTALL FES STA 11,05.55 (30.20 L) z INV. 8484.3& 0 z INSTALL 10'.30' NYLON E REINFORCED .UTE MAT. w SEED AND FERTUZE w WITH NAnVT: SEED mix. DIRECT DRAINAGE AWAY z 6 FROM NEIGHBORING PROPERTY. z w Z z < w z o / J J2 1-z 7u INSTALL FES STA 11,05.55 (30.20 L) z INV. 8484.3& 0 INSTALL 10'.30' NYLON REINFORCED .UTE MAT. SEED AND FERTUZE WITH NAnVT: SEED mix. DIRECT DRAINAGE AWAY FROM NEIGHBORING PROPERTY. cj 0 cd 00 00 1 0 X < Off mo 0 z 0 0 0 0 1 0 C) az w > 0 O < V) LL 0 z z w I- V) 0 W F- Ld O O JOB 03034 DATE 3/22/05 SHEET 3 c\f 0 1 ro EXISTING FIRE HYDRANT FH-002 Lot 8b < Lot 58 , 6 EXISTING 8' DIP / j \ . WATER LINE EXISTING EDGE OF ASPHALT l< Lot 57 'L.T a Z1,20 Acres LOT 7 0.74 Acres INSTALL SANITARY SEWER '�.-* / \ CLEAN-OUT (TYR) Q EXISTING 8" DIP INSTALL SEWER WATER LINE p MANHOLE (TYP) INSTALL 4" RIGID INSULATION L, BENETI­ CULVERT AND OVER WATER LINE FOR FROST PROTECTION TOW 8522,00 Lot 56 LOT 6 SOW 8512+48 0.73 Acres -­'TOW 8522.00 TOW 852CLOO I YYY BOW 8511-40 BOW = 8513,07 INSTALL AIR VAC VAULT TIE INTO EXISTING INSTALL FIRE AT WATER MAIN HIGH POINT WATER LINE Lot 52 \HYDRANT ASSEMBLY // INSTALL 8" DIP SAW CUT AND PATCH BACK WATE R MAIN EXTENSION EXISTING ASPHALT IN COMMON ACCESS AND A CCORDANCE W/ TOA STANDARDS UTILITY EASEMENT C9SINS T ALL 46,48 L.F. OF 1 rlP 0 SEWER MAIN 0 3.7% / 1 / 1 "`."'"f iw „ /., EXISTING ISING FIRE D HYDRANT FH-026 INSTALL 41.24 L.F. EXISTING MSEWE4R8,3M,H REMOVE AND SEWER �T SEWER MAIN 0 54 t% INV CUT 8476* .7 D SPOSE 9 PIPE AND MANHOLE/ 20' DRAINAGE & - I - -- I I LOT 5 UTILITY EASEMENT 0.92 Acres EXISTIN 0 SEWER WIN 0-4 RIM 8486 5 INSTALL 57,79 L.F. INV 54aO:7 SEWER MAIN 0 29A;.' BASE OF ELEVATION: INSTALL WATER SERVICE - EXISTING SEWER MH BE AT MANHOLE (TYP) YP) i RIM 8466.2 P L R LL S ST HA INSTALL SEWER S INV 8459A EXISnNG SEWER ACIPERTY LINE (T MAIN (TYP) / / 1 , LOT 4 `� _ ` ... I l 0.90 Acres INS - TALL SEWER INSTALL 163,72 L.E. SERVICE (TYP) SEWER MAIN 0 17% LOT 3 Lot 5� +/- 0.133 Acres „�`` / LOT 2 0.85 Acres RX _��E tSTING SEWER MH D -3 IM 84597 LOT I +/- 0.95 Acres NV 8451.9 TRACT H GRAPHIC SCALE IN Fekr I 1-h 40 fL 0 _j _j 0 (14 to Z N -4 E (D rl W 00 IN W - 0 0 Z X < I U LL cc M 0 P. z j w 0 0 u z 0 NU ti > opi z _j vI 0 0 _j C) 0 aZ W 0 U) LL Z 0 ff W Z P 3: U) 0 w 0 JOB : 03034 DATE: 3/22/05 SHEET 4 1 M a 8 TOW = 8522.00 BOW = 8511.40 --- INSTALL FIRE HYDRANT ASSEMBLY 17 +12.65 �t7 +00 INSTALL VALVE \ \\ INSTALL SANITARY SEWER CLEAN -OUT (TYR) - GRAPHIC SCALE N \ Z .N 0a; \ INSTALL SEWER MH 4 / h k FEET } O, \ RIM = 8823.9 /// 1 inc-h =20 . ' \\ INV OUT = 8507.28 / W O \ ! Z X� Q m O. \ TOW = 8522.00 / - - : Z .._. J \ BOW = 8512.48 W >. o TOW = 8520.00 / W Q. BOW = 8513.07 - INSTALL 8" DIP WATER MAIN .EXTENSION -: .t 91 iL C INSTALL AIR VAC VALVE AT - WATER MAIN HIGH POINT 4 / C _INSTALL SANITARY SEWER / 1 / B INSTALL WATER SERVICE- / MAN HOLE (TYP) ' CURB .STOP SHALL E Z -- AT PROPERTY LINE (TYR) / / ...Z Q, 8500 8490 _.. a�a - 1.53'7. m m PROPOSED GRADE w EXISTING GRADE INSTAIL B" DIP ,. 8480 _ :.. .. ........ s m N JOB ; 030; -�1 DATE: p SHEET. + 15 +00 14 +00 7 Z �+ + �+ INS}A 0 LIB._..- .. ....... .......Z� _ - -N . .�itn... JOB ; 030; -�1 DATE: p SHEET. + 15 +00 14 +00 7 a S C r3� T INSTALL SANITARY SEWER SERVCE (TIP) \ - LOT 6 +/— 0.73 Aaes INSTALL SANITARY SEWER CLEANOUT (TYP) LOT 7 +/— 0.74 Acres / f LOT 8 +/— 1.20 Ayes Lot 8a . / l 1 / INSTALL JOINT Z r TRENCH (TYP) Q/f SAW CUT AND`PATCH BACK EXISTING ASPHALT IN , re.Nssm:cn F t l ACCORDANCE W/ TOA STANDARDS,I INSTALL WATER MAIN 8" DIP (TYP) \ ' 7777 77777777� SHAL.OY`OTILI TY 'LEGEND —JT- JOINT MAIW SER ACE (TO INCLUDE _ PHONE,CABLE, AND ELECTRIC) i i `JOINT SERVICE (TO, INCLUDE ' / ELECTRIC CABLE AND PHONE) TRANSFORMER ® PHONE PEDESTgL- GAS— -- GAS TRENCH (2" MAIN) GASH SERVICE NOTES: t CONIRAO7OR IS RESPQ`I518LE FOR COORDINAliNB PATH APPROPRIATEKSH OW.UTIUTY. RATING ... . / l 1 / INSTALL JOINT Z r TRENCH (TYP) Q/f SAW CUT AND`PATCH BACK EXISTING ASPHALT IN , re.Nssm:cn F t l ACCORDANCE W/ TOA STANDARDS,I INSTALL WATER MAIN 8" DIP (TYP) \ ' i i . / l 1 / INSTALL JOINT Z r TRENCH (TYP) Q/f SAW CUT AND`PATCH BACK EXISTING ASPHALT IN , re.Nssm:cn F t l ACCORDANCE W/ TOA STANDARDS,I INSTALL WATER MAIN 8" DIP (TYP) \ ' 2f lei 11r.> 03130/2005 17:04 970 - 476 -0099 JAY K PETERSON PAGE 02 03/3012005 15 :54 9707481102 THE REYNOLDS CORP Proposal The Reynolds Corporation P.0, Box 738 Avon, Colorado 81620 March 30, 2005 OWNER Jay Peterson Suite 208 108 South Frontage Nest Vail, Colorado 81657 Projeai,Referemc, Western Sage PUU A re-subdivision of lots 54, 55, 89 and 90, Block 4, Wildridge subdivision Avon, Colorado project Pngfneers; Marcia Engineering LLC P.O. Box 1062 Avon, Colorado 81620 970 -748 -0274 Create a new private road to serve the late refbrenced above per pleas and specification is the documents Fuvided by the Engineers listed above. All work will be developed per the direction of the documents and the guideline set forth by the Town of Avon building and engineering department. All licenses and insurance needed in The Town of Avon to perform this work will also be provided. All permits, bonds., surveys, tesft of water and sewer mains sad fees will be supplied and paid for by the property Owner listed above. Cast of the nark The following are the cost associate with each phase of construction. Any other cost associate with the development of the project will be at the Owners expense or additional work that will be done by a signed, change order by both parties before the work commences. If bedrock is encounter during construction and cannot be removed by our larges excavation machine (John ]Deere 790ELC) the price will be adjusted with and signed change order signed by both parties. 1271 03/30/2005 15:54 9707481102 JAY K PETERSON ff—ZIME1 �.. ,ZC %� Move in and out vquipgmt fax this W60().00 Temparary hydrant mew fbC W" -----.$600.OD ftrchase silt fence and Weall and remove when work is c=plctcd-------$850-00 Excavation Strip vegetation from site load into trucks and send to &W Trucking Dump Fees -$2;200.00 Rough road grade, to install utilities Track $3,500-00 Labor= (to shoot Utfliflas Installafion of new water main services, hydrant and I V2 '"water secondary to 5 properties with curb stops. Euipmcnt — - — ----------- — -- Backfifl and Compaction---- $50500.00 Labor Concrete thrust block per plow --- — ----------- Gravel and truclarg- *Materials in total bid for materials Road cut (permit by owner) wded if we must go to main service in center Of cul-de-sac. 00.00 Equipment - Bacjcfill and Cojmpaefion------,--------..— --- ,----$3,200-00 (ibis price has the ass=ption that the nwerials excavated out of the road may be reused as backfill) if the material is Wt suitable for empaction and we have no material usable on site then structuiml material might have to be brought in. This work would be a change order and both parties must sip and agree on Mice before work commences. Labor A,sphalt cutting---- $1,300.00 Road base needed to protect existing road and for sub grade of Asphalt patch- 3 trucks $900-00 Asphalt patch 5" thick 5,00 (this patch has to be 3' on each side of the excavated area and ultraviolet sea= per the Tom of Avon specification) Instail new sewer tap and services to 9 properties EqWpment-- --Sl1,600.00 Backrfill and compactio— ------- -- ----- —$4,200.00 Labo------ - --------- - -- - --- - --------------- -44,300.00 Gavel and --___S3,500-00 *Materials priced separate Install new electrical service and 5 secondary services M 03/30/2005 17:04 970-476-0099 JAY '< PETERSON PAGE 04 03/30/2005 15:54 9707481102 TFr BOLDS CORP PAGE 03 ]Ba&M and ---$2,200.00 Labor *Materials supplied by Holy Cross Gas services French only installafion of service Ihm by others Equipxnmt Backfill and compaction ----.,-------...$41800.00 phone W cable service to 5 lots 2" conduit with no P%IVftIs Equipm=4 Bwkfdl and compacdon- ,------------$31900-00 Road Sub-grade and asphalt M A r^^ ^^ Labor and Gravel and Asphalt, per plM — — - — ------- Material Water line, sewer lines, manholes, 2" conduit hyd=� valves, air vacs, cmt stops, 1 W, copper, 4" sewer taps and markiM tape--.r--------$48.464.00 *Not in this prke is anything w do wkh work an proposed retaixftg wan *Not in Ais price is anyrh&g to do with the cwt of testing Ike water and sewer service- This cost Is app vxhWdy U,500-00 *,Not in tkb price is the coo of fiqqdng the water main this is separate con*ader and skould cast aMmimately $,2,840. ©D I 2da—Mew"Aedula will be work oat in swarate Total amount of propomd ------- ----- - - - - -- ----$191,36iD.00 Sincerely, The Reynolds Corporation . Altext D. Reynolds President: Accepted Western Sage PUD ray Peterson Owner 9 Q I HEAT of the VALLEY MEMORANDUM �h"•�1 /l3i T To: Jay K. Peterson From: Eric Heidemann, Community Development Date: April 18, 2005 Re: Review of Final Plat, Subdivision Improvements Agreement, Declarations and Construction Drawings for Western Sage Development, a Resubdivision of Lots 54, 55, 89, & 90, Block 4, Wildridge COMMENTS: The following comments are in response to review of the above referenced Declarations. 1. Under Article II Scope of the Common Interest Community and Association of the draft Declarations; Section 2.3 Maximum number of lots should be corrected. The maximum number of lots is 8 rather than 272. 2. Under Article VIII the Design Review Guidelines should be inserted. The following comments are in response to our review of the above referenced Final Plat Revisions as Received March 23, 2005. The note on the title page from the Wildridge Plat referencing non - developable areas should also be added as a note on the second page. 4. The non- developable area between Lots 5, 6, and 7 is not clearly defined or identified. There appears to be a minor discrepancy in dimensions for the non - developable area between Lot 1 and Lot 53. 5. The title page must have signature block for all lenders or lien holders if applicable. The following comments are in response to review of the Revised Construction Plans received March 23, 2005: 6. Construction Plans must clearly define non - developable area and related easements. Non - disturb areas should be shown on all plan sheets and details for their protection should be included on the detail sheet. 7. Plan and construction documents must provide for site restoration and revegetation with specific attention to disturbances in easements in the non - disturb areas. If you have any questions regarding these comments, please contact me at 748 -4009. �7� �J 9 N i Western Sage April 2005 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTERN SAGE 7 �r `�- TABLE OF CONTENTS ARTICLE II SCOPE OF THE COMMON INTEREST COMMUNITY AND ASSOCIATION................................................................................... ............................... 4 Section 2.1 The Common Interest Community .............................. ............................... 4 Section 2.2 The Association ........................................................... ............................... 4 Section 2.3 Maximum Number of Lots .......................................... ............................... 4 Section 2.4 Identification of Lots .................................................... ............................... 4 Section2.5 Lot Boundaries ............................................................. ............................... 4 Western Sage April 2005 i Page ARTICLEI DEFINITIONS ............................................................................ 1 Section1.1 ............................... Act Section 1.2 ................................................................................ ............................... 1 Allocated Interests Section 1.3 ....................................................... ............................... 1 Articles of Incorporation Section1.4 .............................................. ............................... 1 Association Section 1.5 ................................................................... ............................... 1 Board of Directors or Board Section 1.6 ........................................ ............................... 1 Builder or Developer Section1.7 .................................................... ............................... 1 Bylaws Section 1.8 .......................................................................... ............................... 1 Common Elements Section 1.9 ....................................................... ............................... 1 Common Expenses Section 1.10 ....................................................... ............................... 2 Common Expense Assessments Section 1.11 ................................... ............................... 2 Common Interest Community Section1.12 ...................................... ............................... 2 Declarant Section1.13 ...................................................................... ............................... 2 Declaration Section 1.14 ................................................................... ............................... 2 Development Rights Section1.15 ..................................................... ............................... 2 Director Section1.16 ........................................................................ ............................... 2 Documents Section1.17 ................................................................... ............................... 2 Dwelling Unit Section 1.18 ............................................................... ............................... 2 Eligible Mortgagee Section 1.19 ..................................... ............................... First Security Interest Section 1.20 ................................................... ............................... 3 Initial Improvements Section 1.21 .................................................... ............................... 3 Lots Section 1.22 3 Majority of Owners Section1.23 ...................................................... ............................... 3 Manager Section1.24 ....................................................................... ............................... 3 Member Section 1.25 ........................................................................ ............................... 3 Notice and Hearing Section1.26 ...................................................... ............................... 3 Owner Section 1.27 .......................................................................... ............................... 3 Period of Declarant Control Section1.28 ......................................... ............................... 3 Person Section1.29 .......................................................................... ............................... 3 Plat Section1.30 ................................................. ............................... 3 Property Section 1.31 ........................................................................ ............................... 3 Rules 4 Section 1.32 Security Interest ........................................................... 4 Section 1.33 ............................... Special Assessments Section 1.34 .................................................... ............................... 4 Special Declarant Rights .............................................. ............................... 4 ARTICLE II SCOPE OF THE COMMON INTEREST COMMUNITY AND ASSOCIATION................................................................................... ............................... 4 Section 2.1 The Common Interest Community .............................. ............................... 4 Section 2.2 The Association ........................................................... ............................... 4 Section 2.3 Maximum Number of Lots .......................................... ............................... 4 Section 2.4 Identification of Lots .................................................... ............................... 4 Section2.5 Lot Boundaries ............................................................. ............................... 4 Western Sage April 2005 i ARTICLE III THE COMMON ELEMENTS ............. 4 Section l T��ctot�c��0ozDzOD��col�Dt� '' ' ^-'---'^ 4 Section 3.7 Duty to Accept the Common Elements Transferred ...,'-.-~-.---....-.h.» . Declarant .............. - 5 Section 3.3 Owners' Easements - Section The ��o800ia�mm`mRights -..-.-.--,.----_--..-.-.._----'~ Section 3.5 of Taxes, AsomSan�euTs 0r Insurance by{�0lderm of First ''''''' ~ Security Interests 6 ARTICLE D/THE ASSOCIATION; DECLARANT CONTROL PERIOD --------. 6 Section 4.1 ,_,__,__,_,__.,_,_,_,______.,__, '-^' Section 4.2 ���`*, ----^'~ ,~.��-_�-~-.--.-..------..-----_-_---.~.,-- 6 Section 4.3 nf��0ard ..-.--.-.-.-.-~-.-.--..,~.-..-... --- Declarant eclaraDtCODto) ,.-.,.---..--.~---,.~.-.--.-.- -^--'~ ~ Section One Class of -^-^--'" Membership ........................................................................... ARTICLE \7 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS ... 7 Section 5.1 Reservation 0fT}eve}upozeotRi�ht8.-.--.--._--..--, --^-'- Section 5.2 T�eulurGo1 .--_--.~..~.-...-.-..--.-, --~--`' ' Section Rights -^-''--^' ' -�-~ ^^~~~^~^""^^--^--``~---^-^^--^--^-^--''- 7 Section 5.4 Limitations Special Declarant '-^--'' ' 7 SeCtion5.5 Interference with Special Declarant Rights ................................................ " SeCtion 5.6 Declar8nt`S Easement - Section 5.7 of Lenders ,.-.--.-,--.-.--.~.---...-.-----'---''''" ��.��..8 ARTICLE VI MAINTENANCE --.--.--------.-...------,.---. @ Section 6.1 Common Elements -.--.--,.---.--.---..----.. ---^--- Section Lots --.--.-.--.--....-----,-..--.-.-.,.--'------ " Section 6.3 Right of/�occs8-..-_.--.._-.......-.--..-._--.-------''` Section 6.4 From " ARTICLE VII ASSESSMENT AND COLLECTION (]FCOMMON EXPENSES" ASSOCIATION ASSESSMENTS .--..,~..--.-.-.--...-.--.._-. @ Section 7.1 Apportionment of Common Expenses LicD. ' ---^-^- " -------^'--'--^----^------'------'-`-'- 10 Section 7.3 ��n�^e` nD���8����81�xm - _-�_^^^�"x""" --.--.-.-.-._-.~-. ]} Section 7.4 Cert1��n1�0f nf���m��uDz�utm -'---- ~ ^"v"^`^` ~---.----'--_-. 12 Section 7.5 Effect of of ; Reo�edieGofthe -'--~ xAssociation ^^---^~'�--^'-'--^--^-'-^-^--~--^-~^ ' '' 12 Section 7.6 N0 Waiver 0f Liability for Common Expenses ''^`^-'-^ '' l2 Section 77 Personal Liability 0fOwners -^'~-'-^-^-'---'' '' l2 Section 7.8 `~^�^~~ Fuudm ' ---~-'----'--'`-`'-'--~``-' ''- l] SeCtion 70 ^`^~� ~"e^=^ FoDd. ' -.-.-.-.__,_,__,_,_,__..,. }3 ARTICLE VIII DESIGN RE\/IEW °"I^^".^~uNE S ,____,_,_,,_,_,__,,,_,_ 13 Section 8.1 ]�)�X�� -'-^'' --^--^-^--~---^--^'-^-^'~-^-^^-~---- 13 Section 8.2 X�{X�� -'-'- Western Sage u /P ARTICLEIX INSURANCE .......................................................................... ............................... 13 Section9.1 Coverage .................................................................... ............................... 13 Section 9.2 Property Insurance Coverage ..................................... ............................... 13 Section 9.3 Liability Insurance ..................................................... ............................... 14 Section 9.4 Mandatory Provisions ................................................ ............................... 14 Section9.5 Owner Policies .......................... ............................... ............................... 14 Section 9.6 Workers Compensation Insurance ............................. ............................... 14 Section 9.7 Directors' and Officers' Liability Insurance .............. ............................... 14 Section 9.8 Other Insurance .......................................................... ............................... 14 Section9.9 Premiums ................................................................... ............................... 15 Section9.10 Procedures .................................................................. ............................... 15 Section 9.11 General Provisions ..................................................... ............................... 15 Section 9.12 Damage to Property ................................................... ............................... 15 ARTICLE X EASEMENTS AND LICENSES ............................................. ............................... 15 Section 10.1 Easements and Licenses ............................................. ............................... 15 Section 10.2 Emergency Easements ............................................... ............................... 15 Section 10.3 Easement for Encroachments ..................................... ............................... 15 Section 10.4 Easements for Drainage and Utilities ........................ ............................... 16 Section 10.5 Easements Deemed Created ....................................... ............................... 16 ARTICLE XI DURATION, ANNEXATION, AMENDMENTS AND MERGER ..................... 16 Section11.1 Duration ..................................................................... ............................... 16 Section 11.2 Recordation of Amendments ..................................... ............................... 16 Section 11.3 Special Declarant Rights ............................................ ............................... 16 Section 11.4 Consent of Holders of Security Interests ................... ............................... 16 Section11.5 Expenses .................................................................... ............................... 17 ARTICLEXII TERMINATION ................................................................... ............................... 17 ARTICLE XIII SECURITY INTEREST PROTECTION ............................ ............................... 17 Section13.1 Purpose ....................................................................... ............................... 17 Section 13.2 Percentage of Eligible Mortgagees ............................ ............................... 17 Section 13.3 Notice of Actions ....................................................... ............................... 17 Section 13.4 Consent and Notice Required .................................... ............................... 18 Section 13.5 Inspection of Books ................................................... ............................... 19 ARTICLE XIV CONDEMNATION ............................................................. ............................... 19 ARTICLE XV MISCELLANEOUS .............................................................. ............................... 19 Section15.1 Captions ..................................................................... ............................... 19 Section15.2 Gender ........................................................................ ............................... 19 Section15.3 Waiver ........................................................................ ............................... 19 Section15.4 Invalidity .................................................................... ............................... 19 Section15.5 Conflict ...................................................................... ............................... 19 Section15.6 Severability ................................................................ ............................... 20 Section 15.7 Registration of Mailing Address ................................ ............................... 20 Western Sage April 2005 111 Section 15.8 Arbitration/Attorneys' Fees ....................................... ............................... 20 Section 15.9 Indemnification .......................................................... ............................... 20 Western Sage April 2005 iv DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTERN SAGE Jay K. Peterson, with an office at 108 South Frontage Road West, Suite 208, Vail, CO 81657 ( "Declarant ") hereby submits the real property in Eagle County, Colorado, shown on Exhibit "A" attached and incorporated herein, to the provisions of the Colorado Common Interest Ownership Act, Colorado Revised Statute 38- 33.3 -101 et seq., as amended, for the purpose of making and maintaining the improvements shown on the Final Plat ( "Plat'). Declarant hereby declares that the property described in Exhibit A shall be held and conveyed subject to the following terms, covenants, restrictions and conditions, which shall run with the above described property and be binding on all parties having any right, title, or interest therein or any part thereof, their heirs, personal representatives, successors, and assigns and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section LlAct: The Colorado Common Interest Ownership Act, as it may be amended from time to time. Section 1.2Allocated Interests: The Common Expense liability and votes in the Association allocated to Lots in the Common Interest Community, which shall be one (1) vote per Lot. The Common Expense liability for each Lot shall be as determined pursuant to the provisions of Article VII below. Section 1.3Articles of Incorporation: The Articles of Incorporation of the Association as they may be amended from time to time. Section 1.4Association: The Western Sage Association, a Colorado nonprofit corporation. Section 1.513oard of Directors or Board: The Board of Directors of the Association duly elected pursuant to the Bylaws of the Association or appointed by the Master Declarant; the "Executive Board" as the term is used in the Act. Section 1.613uilder or Developer: Any Person who acquires one or more vacant Lots to construct Initial Improvements thereon for resale to a purchaser. Section 1.7B laws: The Bylaws of the Association as they may be amended from time to time. Section 1.8Common Elements: The access easement depicted on the Plat within the Property and any other Property within the Common Interest Community owned by or transferred to the Association, by deed or easement or otherwise. Upon conveyance thereof by Western Sage April 2005 Ve Declarant to the Association by deed, easement or otherwise shall become Common Elements under this Declaration. Section 1.9Common Expenses: The expenses or financial liabilities incurred in the operation of the Common Interest Community. These expenses include: A. Expenses of administration, maintenance, repair or replacement of any Common Elements or property owned or maintained (under an easement, license or contract) by the Association; B. Expenses declared to be Common Expenses by the Documents or by the Act; C. Expenses agreed upon as Common Expenses by the Board; D. Such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements or any other real or personal property acquired or held or maintained (under an easement, license or contract) by the Association; and Section 1.10 Common Expense Assessments: The funds required to be paid by each Owner in payment of a Common Expense liability, including Annual Common Expense Assessments, and Special Assessments. Section 1.11 Common Interest Community: The real property subject to this Declaration. Section 1.12 Declarant: Jay K. Peterson, or his successors as defined in Section 38- 33.3- 103(12) of the Act. Section 1.13 Declaration: This document, including any amendments and plats. Section 1.14 Development Rights: The rights as defined by Section 38- 33.3 - 103(14) of the Act reserved by the Declarant under Article V of this Declaration. Section 1.15 Director: A member of the Board of Directors. Section 1.16 Documents: The Declaration and Plat recorded and filed pursuant to the provisions of the Act, the Bylaws, and the Rules as they be amended from time to time. Any exhibit, schedule or certification accompanying a Document is a part of that Document. Section 1.17 Dwelling Unit: The residence constructed on each Lot within the Common Interest Community and any replacement thereof, including the patio, deck, basement and garage, if applicable. Dwelling Unit shall include the Lot upon which such Dwelling Unit is constructed. Section 1.18 Eligible Mortgagee: The holder of a first Security Interest in a Lot, when the holder has notified the Association, in writing, of its name and address and that it holds a first Security Interest in a Lot. The notice must include the address of the Lot on which it has a Western Sage April 2005 2 security interest. This notice shall include a request that the Eligible Mortgagee be given the notices and other rights described in Article XIV below. Section 1.19 First Security Interest: A Security Interest (as hereinafter defined) that has priority of record over all other recorded liens except those liens made superior by statute (such as general ad valorem tax liens and special assessments). Section 1.20 Initial Improvements: Shall mean original, first built Improvements constructed by Declarant. Section 1.21 Lots: Each platted lot which is a physical portion of the Common Interest Community, other than Common Elements, designated for separate ownership or occupancy, the boundaries of which are described on the Plat. The term "Lot" as used herein is synonymous with the term "Unit" as the latter term is used in the Act. Section 1.22 Majority of Owners: The owners of more than fifty percent (50 %) of the votes in the Association. Section 1.23 Manager: A person, firm or corporation employed or engaged to perform management services for the Common Interest Community and the Association. Section 1.24 Member: Each Owner, as set forth in Sections 1. and 4.1 below. Section 1.25 Notice and Hearing: The right of an Owner to receive notice of an action proposed to be taken by or on behalf of the Association, and the right to be heard thereon, as provided for herein, or in the Bylaws. Section 1.26 Owner: The Declarant, Builder or other Person who is the owner of record of the fee simple title to any Lot, but not a Person having an interest in a Lot solely as security for an obligation. The Declarant is the initial owner of any Lot created by this Declaration. Section 1.27 Period of Declarant Control: That period of time defined in Section 4.4 below. Section 1.28 Person: A natural person, corporation, trust, partnership, limited liability company, association, joint venture, government subdivision or agency or other legal or commercial entity or combination thereof. Section 1.29 Plat: The Final Plat for the Common Interest Community (as defined in C.R.S. § 38- 33.3 -103 and § 38- 33.3 -209), recorded , filed at Reception Number , in the office of the Clerk and Recorder for Eagle County, Colorado, as it may be amended from time to time. Section 1.30 Property: The land and all Dwelling Units and Improvements that are subject to this Declaration. Western Sage April 2005 3 Section 1.31 Rules: Rules and Regulations adopted and amended from time to time by the Board of Directors pursuant to this Declaration and the Master Declaration for the regulation of the Common Interest Community. Section 1.32 Security Interest: An interest in real estate or personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an Association, and any other consensual lien or title retention contract intended as security for an obligation. Section 1.33 Special Assessments: Those Common Expenses Assessments defined in Subsection D of Section 7.1 below. Section 1.34 Special Declarant Rights: Rights reserved for the benefit of a Declarant to (i) complete improvements indicated on the Plat; (ii) exercise any Development Right; (iii) maintain sales offices, management offices, signs advertising the Common Interest Community, and models; (iv) use easements through the Common Elements for the purpose of making improvements within the Common Interest Community or within real estate that may be added to the Common Interest Community; (v) appoint or remove an officer of the Association or any Board of Director member during any period of Declarant control; or (vi) merge or consolidate a Common Interest Community of the same form or ownership. ARTICLE II SCOPE OF THE COMMON INTEREST COMMUNITY AND ASSOCIATION Section 2.1 The Common Interest Community. The name of the Common Interest Community is Western Sage. It is a planned community as defined in the Act. Section 2.2The Association. The name of the Association is The Western Sage Association. Section 2.3Maximum Number of Lots. The Declarant reserves the right to create a maximum of 272 Lots in the Common Interest Community. Plat. Section 2.4Identification of Lots. The identification number of each Lot is shown on the Section 2.5Lot Boundaries. The boundaries of each Lot are located as shown on the Plat. ARTICLE III THE COMMON ELEMENTS Section 3.1 Title to the Common Elements. The Declarant hereby covenants that it will convey to the Association an easement to the Common Elements prior to the conveyance of the first Lot within the Common Interest Community to an Owner other than Declarant. Western Sage April 2005 4 Section 3.2Duty to Accept the Common Elements Transferred by Declarant. The Association shall accept title to the Common Elements deeded by Declarant as well as any other property that may subsequently be deeded by the Declarant or any Common Elements granted by easement to the Association, which shall then become Common Elements and agrees to own and maintain any property, including all Improvements located thereon, and personal property relating thereto, transferred to the Association by Declarant as Common Elements. Any property or interest in properly transferred to the Association by Declarant shall be transferred to the Association free and clear of all liens and encumbrances (other than the lien of real estate taxes not then due and payable). Section 3.30wners' Easements. Every Owner shall have a nonexclusive right and easement for the purpose of access to their Lots and for use for all other purposes, in and to the Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their Guests, or contract purchasers who reside on their Lot. Section 3AThe Association's Rights. The rights of each Owner shall be subject to the Development Rights and Special Declarant Rights of the Declarant reserved herein and the following rights of the Association: A. To borrow money to improve the Common Elements. B. To convey or dedicate all or any part of the Common Elements to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members entitled to cast at least eighty percent (80 %) of the votes in the Association, including eighty percent (80 %) of the votes allocated to Lots not owned by the Declarant, and unless written notice of the proposed agreement and the proposed dedication or transfer is sent to every Member at least thirty (30) days in advance of any action taken. The granting of permits, licenses and easements for public utilities or for other purposes consistent with the intended use of such Common Elements shall not be deemed a transfer within the meaning of this clause. C. To adopt and distribute to all Owners the Rules, with which each Owner and their Guests shall strictly comply. D. After Notice and Hearing, to suspend the rights of a Member, including voting rights, for any period during which any Common Expense Assessment remains unpaid for a period not to exceed sixty (60) days, or for any infraction of the Declaration, Bylaws or Rules. E. To take such steps as are reasonably necessary to protect the Common Elements against foreclosure. F. To enter into, make, perform or enforce any contracts, leases, agreements, licenses, easements and rights -of -way, for the use of or Common Elements by Owners and Guests for any purpose(s) the Board may deem to be useful, beneficial or otherwise appropriate. G. To close or limit the use of the Common Elements temporarily while maintaining, repairing and making replacements in the Common Elements, or permanently if Western Sage April 2005 5 approved by a sixty -seven percent (60 %) vote of Members present in person or by proxy at a meeting duly held. H. To enter into, make, perform or enforce any contracts, leases, agreements, for the construction, maintenance, repair or replacement of Improvements on or to the Common Elements. Section 3.5Payment of Taxes, Assessments or Insurance by Holders of First Security Interests. Holders of First Security Interests shall have the right jointly or singly, to pay taxes or other charges or assessments which are in default and which may or have become a lien against the Common Elements and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Elements, and any First Security Interest Holders making any such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE IV THE ASSOCIATION; DECLARANT CONTROL PERIOD Section 4.1 Membership. Members of the Association shall be every record Owner of a Lot subject to this Declaration. Membership shall terminate on transfer of a fee simple title by the Owner, but may not be separated from the ownership of a Lot. The purposes and powers of the Association and the rights and obligations with respect to Members set forth in this Declaration shall be amplified by the Articles of Incorporation, Bylaws, Rules and architectural guidelines. Section 4.2Voting Rights. Each Member is entitled to one vote for each Lot owned. If more than one person holds such interest, the vote for such Lot shall be exercised as the persons holding such interest shall determine between themselves, provided that in no event shall more than one vote be cast with respect to any Lot. Section 4.3Authority of Board. Except as otherwise provided in the Master Declaration or the Bylaws, the Board of Directors may act in all instances on behalf of the Association. Section 4ADeclarant Control. There shall be a "Period of Declarant Control" during which Declarant, or Persons designated by the Declarant, may exercise Special Declarant Rights, as specified herein. The Period of Declarant Control terminates no later than the earlier of- (i) Sixty (60) days after conveyance of seventy -five percent (75 %) of the Lots that may be created to Owners other than the Declarant; or (ii) Two (2) years after the last conveyance of a Lot by the Declarant in the ordinary course of business to Owners other than Declarant; or B. Declarant may voluntarily surrender the right to exercise Special Declarant Rights before termination of the Period of Declarant Control. Western Sage April 2005 6 /1 Section 4.50ne Class of Membership. The Association shall have one class of voting membership. The total number of votes which may be cast in connection with any matter shall be equal to the total number of Lots then existing within the Association. ARTICLE V DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 5. 1 Reservation of Development Rights. The Declarant reserves the following Development Rights: A. The right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on the Property. B. The right to withdraw any real estate from the Common Interest Community, in accordance with the Act. Section 5.2Speciai Declarant Rights. The Declarant reserves the following Special Declarant Rights, to the maximum extent permitted by law, which may be exercised, where applicable, anywhere within the Common Interest Community: A. To complete Improvements indicated on Plats fled with the Declaration; B. To exercise any Development Right reserved herein; C. To use and to permit others to use easements through the Common Interest Community for construction, and to discharge Declarant's obligations under the Act and this Declaration; D. To amend the Declaration and the Plat in connection with the exercise of any development rights; and E. To exercise any other Declarant right created by any other provision of this Declaration. Section 5.3Rights Transferable. Any Development Rights or Special Declarant Rights created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Eagle County, Colorado. Such instrument shall be executed by the transferor Declarant and the transferee. Section 5ALimitations on Special Declarant Rights. Unless terminated earlier by an amendment to this Declaration executed by the Declarant, any Special Declarant Right may be exercised by the Declarant or any transferee of rights pursuant to Section 5.4 above until the earlier of the following: as long as the Declarant or transferee (a) is obligated under any warranty or obligation; (b) holds a Development Right to create additional Lots or Common Elements; (c) owns any Lot; (d) owns any Security Interest in any Lots; or (e) fifteen (15) years have elapsed after recording of this Declaration. Earlier termination of certain rights may occur by statute. Western Sage April 2005 % a Section 5.5Interference with Special Declarant Rights. Neither the Association nor any Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of the Declarant. Section 5.6Construction• Declarant's Easement. The Declarant reserves the right to perform warranty work, and repairs and construction work on Lots and Common Elements, to store materials in secure areas, and to control and have the right of access to work and repairs until completion. All work may be performed without the consent or approval of the Board of Directors. The Declarant has an easement through each Lot and, the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Development or Special Declarant Rights, whether arising under the Act or reserved in this Declaration. This easement includes the right to convey utility and drainage easements to public utilities, municipalities or metropolitan or special improvement districts, the State, riparian owners or upland owners to fulfill the plan of development. Section 5.7Rights of Lenders. Additional limitations on the right of the Declarant to exercise Development Rights are found in Article XIV of this Declaration. ARTICLE VI MAINTENANCE Section 6.1 Common Elements. The Association shall manage, operate, insure, maintain, repair and replace all of the Common Elements, improvements located thereon, including without limitation, the access easement, or any public improvements required by local governmental entities under Section 38- 33.3 - 307(1.5) of the Act. Section 6.2Lots. Except as provided in Section 6.1 above, each Owner shall maintain, repair and replace, at their own expense, all portions of their Lot, and the Improvements constructed thereon. Section 6.3Right of Access. Any person authorized by the Board of Directors shall have the right of access to a portion of any Lot for the purpose of performing emergency repairs or to do other work reasonably necessary for the proper maintenance of the Common Interest Community and for the maintenance, repair or replacement in those areas specifically enumerated in this Declaration. Section 6ARepairs Resulting From Negligence. Each Owner will reimburse the Association for any damages to the Common Elements caused intentionally or negligently. If such expense is caused by misconduct, it will be assessed following Notice and Hearing. If damage is inflicted on any Lot as a result of entry thereon by the Association, though maintenance access under Section 6.3, the Association will be responsible to repair such damage ARTICLE VII ASSESSMENT AND COLLECTION OF COMMON EXPENSES, ASSOCIATION ASSESSMENTS Section TlApportionment of Common Expenses. Except as provided in Section 7.2, all Common Expenses shall be assessed against all Lots on a uniform and equal basis. All Common Western Sage April 2005 8 Expenses shall be assessed against all Lots in accordance with the Allocated Interests. The Allocated Interests for each Lot shall be one fifth (115th) A. Declarant Payment of Common Expenses. Until the Association makes a Common Expense Assessment, the Declarant shall pay all Common Expenses related to the Western Sage Common Interest Community. B. Annual Common Expense Assessment. Annual Common Expense Assessments shall be sufficient to meet the expected needs of the Association. The Annual Common Expense Assessments shall include an adequate reserve fund for the maintenance, repair and replacement of those items that must be maintained, repaired or replaced on a periodic basis, and for the payment of insurance deductibles. C. Levy of Assessments. The Annual Common Expense Assessment shall be levied on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments may be collected in monthly, quarterly, semi - annual or annual installments, or in any other manner as determined by the Board of Directors. Common Expense Assessments may begin on the first day of the month in which conveyance of the first Lot to an Owner other than the Declarant occurs. The assessments shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Dwelling Units, and for all of those purposes and activities which may be required of the Association or which the Association may be empowered to pursue pursuant to this Declaration, the Master Declaration, or the Articles of Incorporation or Documents, or by law; provided, however, that such assessments levied during the Period of Declarant Control may not be used for the purpose of constructing capital Improvements. Special Assessments shall be levied in accordance with Subsection D of this Section 7.1. The omission or failure of the Board of Directors to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay. No assessment may be levied retroactively. D. Special Assessments. In addition to the Annual Common Expense Assessments authorized in this Article, but subject to the limitations set forth herein, the Association, with the approval of the votes of eighty percent (80 %) of the Members voting in person or by proxy at a meeting duly called for this purpose, may levy, in any fiscal year, a Special Assessment applicable to that year only for the purpose of (i) defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement upon any portion of the Common Elements, including fixtures and personal property related thereto; or (ii) for repair or reconstruction of any damaged or destroyed Improvements located on said Common Elements; or (iii) for the funding of any operating deficit incurred by the Association. Any Special Assessment shall be levied against each Lot in a uniform and equal manner. A meeting of the Members called for the purpose of considering the establishment of a Special Assessment shall be held in conformance with Subsection E of this Section 7.1. Notwithstanding the foregoing, Special Assessments levied during the Period of Declarant Control may not be used for the purpose of constructing capital Improvements. Western Sage April 2005 9 E. Notice and Quorum for any Special Assessments. Written notice of any meeting called for the purpose of taking any action authorized under Subsection D of this Section 7.1 shall be sent to all Members not less than fifteen (15) days nor more than fifty (5 0) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60 %) of all the Membership votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one half (I /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7.2Lien. A. The Association has a lien on a Lot for all assessments and fees levied against the Lot under Section 7.1, or fines imposed against its Owner. If a Common Expense Assessment or Special Assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid acceleration of installment obligations. B. A lien under this Section is prior to all other liens and encumbrances on a Lot except: (i) liens and encumbrances recorded before the recordation of the Declaration; (ii) a Security Interest on the Lot which has priority over all other Security Interests on the Lot and recorded before the date on which the Common Expense Assessment or Special Assessment sought to be enforced became delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against the Lot. A lien under this Section is also prior to all Security Interests described in Subdivision (ii) above of this Subsection B to the extent of an amount equal to the Common Expense Assessments based on the periodic budget adopted by the Association pursuant to Section 7.3 which would have become due, in the absence of acceleration, during the six (6) months immediately preceding institution by either the Association or the holder of a First Security Interest of an action or a nonjudicial foreclosure either to enforce or extinguish either the Association's lien or a Security Interest described in Subdivision (ii) of this Subsection B. This Subsection B does not affect the priority of mechanics' or materialmen's liens or the priority of a lien for other assessments made by the Association. The Association's lien on a Lot for any assessment shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Lot subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien. C. Recording of this Declaration constitutes record notice and perfection of the lien. Further recording of a claim, of a lien for a Common Expense Assessment or Special Assessment is not required. However, the Board of Directors or Manager of the Association may prepare and record in Eagle County, Colorado a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If a notice of lien is filed, the costs and expenses thereof shall be added to the assessment for the Lot against which it is filed and collected as part and parcel thereof. Western Sage April 2005 10 D. A lien for an unpaid Common Expense Assessment or Special Assessment is extinguished unless proceedings to enforce the lien are instituted within six (6) years after the full amount of such assessment becomes due. E. This Section does not prohibit an action to recover sums for which Subsection (A) of this Section creates a lien or to prohibit the Association from taking a deed in lieu of foreclosure. F. A judgment or decree in any action brought under this Section shall entitle the Association to costs and reasonable attorney fees, which shall be additional Common Expense Assessments; and is enforceable by execution. G. The Association's lien may be foreclosed by the same procedure by which a mortgage or deed of trust on real estate is foreclosed. The Board shall have the power to bid at the foreclosure sale, and if title is obtained, hold, lease, mortgage, and encumber or convey the same. H. In any action by the Association to collect Common Expense Assessments or Special Assessments or to foreclose a lien for such unpaid assessments, the court may appoint a receiver for the Owner to collect all sums alleged to be due from that Owner prior to or during the pendency of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pendency of the action to the extent of the Association's Common Expense Assessments or Special Assessments. I. If a holder of a first or second Security Interest in a Lot forecloses that Security Interest, the purchaser at the foreclosure sale is not liable for any unpaid Common Expense Assessments or Special Assessments against that Lot which became due before the sale, other than the assessments which were prior to that Security Interest under Subsection B of this Section of the Declaration. Any unpaid Common Expense Assessments or Special Assessments not satisfied from the proceeds of sale become Common Expenses collectible from all the Owners, including the purchase. J. Any payments received by the Association in the discharge of an Owner's obligation may be applied to attorney fees and costs first, then late fees, penalties and interest, and then the oldest balance due. K. Sale or transfer of any Lot shall not affect the lien for said assessments or charges except that sale or transfer of any Lot pursuant to foreclosure of any First Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture, shall only extinguish the lien of assessment charges as provided by applicable Colorado law. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture, shall relieve any Lot from continuing liability for any assessment charges thereafter becoming due, nor from the lien thereof. Section 7.3Budgeet Adoption and Ratification. Within thirty (30) days after adoption of any proposed budget for the Common Interest Community, the Board of Directors shall mail first class or deliver a summary of the budget to each Owner and shall set a date for a meeting of the Western Sage April 2005 l l Owners to consider ratification of the budget. The meeting shall be not less than fourteen (14) or more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting at least eighty percent (80 %) of all Owners vote to reject the budget, the budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the Owners continues until the Owners ratify a new budget proposed by the Board of Directors. Section 7ACertificate of Payment of Assessments. The Association, upon written request, shall furnish an Owner or their designee, or a holder of a Security Interest or its designee, a written Statement setting out the amount of unpaid Common Expense Assessments, or Special Assessments against the Lot. Said request shall be delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the Association's registered agent. The Statement shall be furnished within fourteen (14) calendar days after receipt of the request, delivered personally or by certified mail, first class postage prepaid, return receipt requested, and is binding on the Association, the Board of Directors and each Owner. The Association shall have no right to assert a lien upon the Lot for unpaid assessments which were due as of the date of the request, which were not specified in such Statement. Section 7.5Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within ten (10) days after the due date thereof shall be delinquent, including interest from the due date at the rate of eighteen percent (18 %) per annum, or at such lesser rate as may be set from time to time by the Board of Directors. Fees, including attorney fees, charges, late charges, fines and interest may be charged pursuant to the Act and the Documents due to late payment of assessments under this Section. The Association may bring an action at law against the Owner personally obligated to pay the same, and /or foreclose the lien against such Lot. If a judgment or decree is obtained, including without limitation in a foreclosure action, such judgment or decree shall include interest on the assessment and attorney fees, together with the costs of the action, and other fees. Section 7.6No Waiver of Liability for Common Expenses. No Owner may become exempt from liability for payment of the Common Expense Assessments, or Special Assessments by waiver of the use or enjoyment of the Common Elements by abandonment of the Lot against which the Common Expense Assessments, and Special Assessments are made. Section 7.7Personal Liability of Owners. Each Owner, including Declarant by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is personally liable for Common Expense Assessments, and Special Assessments made against such Owner's Lot during the period of ownership of such Lot, at the time a Common Expense Assessment, and Special Assessment or portion of the assessment is due and payable. Personal liability for the Common Expense Assessment, or Special Assessment shall not pass to a successor in title to the Lot unless the successor agrees to assume the obligation. All Owners of each Lot shall be jointly and severally liable to the Association for the payment of all assessments, fines, and including fees described in Section 7.2. The obligation for such payments by each Owner to the Association is an independent covenant with all amounts due, from time to time, payable in full when due without notice or demand (except as otherwise expressly provided in this Declaration), and without setoff or deduction. Western Sage April 2005 12 Section 7.8Surplus Funds. Any surplus funds of the Association remaining after payment of or provision for Common Expenses and any prepayment of or provision for reserves shall be retained by the Association as unallocated reserves and need not be paid to the Owners in proportion to their Common Expense liability or credited to them to reduce their future Common Expense Assessments. Section 7.9Working Capital Fund. The Association shall require the first Owner of any Lot (other than a Declarant or a Builder) who purchases that Lot from Declarant or a Builder to make a nonrefundable contribution to the Association in the amount equal to one -sixth (1 /6th) of the total Annual Common Expense Assessment at the time of sale (regardless of whether or not assessments have commenced as provided in Section 7.1). Said contribution shall be collected and transferred to the Association at the time of closing of the sale by Declarant or a Builder of each Lot as aforesaid, and shall, until used, be maintained in a segregated account with other such working capital funds for the use and benefit of the Association as the Board deems desirable, including, without limitation, to meet unforeseen expenditures or to purchase additional equipment, property or services. Such contribution to the working capital fund shall not relieve an Owner from making regular payments of assessments as the same become due. Upon the transfer of their Lot, an Owner shall be entitled to a credit from their transferee (but not from the Association) for the aforesaid contribution to working capital fund. The Association may, from time -to -time, increase the amount required for each Owner's share of the Working Capital Fund to an amount equal to one -sixth (1 /6th) of the then current total Annual Common Expense Assessment for each Owner. ARTICLE VIII DESIGN REVIEW GUIDELINES Section 8.1 XXXX. XXXX. 1 — Section 8.2XXXX: XXXX. ARTICLE IX A � INSURANCE Section 9.1 Coverage. To the extent reasonably available, the Board of Directors shall obtain and maintain insurance coverage as set forth in this Article. If such insurance is not reasonably available, or if any policy is canceled, or not renewed, without a replacement policy having been obtained, the Association shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners at their respective last known addresses. Section 9.2Property Insurance Coverage. The Association shall obtain property insurance on the Common Elements for broad form covered causes of loss. The property insurance will be for an amount (after application of any deductions for depreciation) equal to one hundred percent (100 %) of the full insurable replacement cost of the insured property less applicable deductibles, exclusive of land, foundations, excavations and other items normally excluded from property policies. The Board of Directors is authorized to obtain appraisals periodically for the purpose of establishing replacement cost of the property, and the cost of such appraisals shall be a Common Expense. Western Sage April 2005 13 k Section 9.31,iability Insurance. Commercial General Liability insurance, as set forth in Section 38- 33.3- 313(b) of the Act, will be maintained in an amount determined by the Board of Directors, but in no event shall it be less than $1,000,000. Reasonable amounts of "umbrella" liability insurance in excess of the primary limits may also be obtained. This insurance shall cover all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the Common Elements and the activities of the Association. Section 9AMandatory Provisions. The insurance policies carried pursuant to Sections 10.2 and 10.3 shall provide that: A. Each Owner is an insured person under the policy with respect to liability arising out of the Owner's interest in the Common Elements or membership in the Association; B. The insurer waives the right to subrogation under the policy against an Owner or member of the household of an Owner; C. No act or omission by an Owner, unless acting within the scope of the Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; D. If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the policy of the Association provides primary insurance; and E. The insurer shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner or holder of a Security Interest. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the Association, each Owner and each holder of a Security Interest to whom a certificate or memorandum of insurance has been issued at their last known addresses. Section 9.50wner Policies. An insurance policy issued to the Association does not preclude Owners from obtaining insurance for their own benefit. Section 9.6Workers Compensation Insurance. The Board of Directors may obtain and maintain Workers Compensation Insurance if required to meet the requirements of the laws of the State of Colorado. Section 9.7Directors' and Officers' Liability Insurance. The Board of Directors shall obtain and maintain directors' and officers' liability insurance, if reasonably available, covering all of the directors and officers of the Association. This insurance will have limits determined by the Board of Directors. Section 9.80ther Insurance. The Association may carry other insurance which the Board of Directors considers appropriate to protect the Association. Western Sage April 2005 14 If, Section 9.91'remiums. Insurance premiums for insurance carried by the Association shall be a Common Expense. Section 9.10 Procedures. The Board of Directors may adopt written nondiscriminatory policies and procedures for claims adjustment and responsibility for deductibles. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all deductibles paid by the Association. If more than one (1) Lot is damaged by a loss, the Association, in its reasonable discretion, may assess each Owner a pro rata share of any deductible paid by the Association. Section 9.11 General Provisions. All Association insurance shall be carried in blanket policy form naming the Association as insured, or naming its designee as trustee and attorney -in- fact for the Association. The policies shall contain: A. A standard noncontributory Security Interest Holder's clause in favor of each holder of a First Security Interest, and shall provide that it cannot be canceled or materially altered by either the insured or the insurance company until thirty (30) days' prior written notice is given to the insured and each Eligible Mortgagee. B. Waivers of any defense based on invalidity arising from any acts or neglect of an Owner where such Owner is not under the control of the Association. Upon request, the Association shall furnish a certified copy or duplicate original of such policy or renewal thereof, with proof of premium payment and a certificate identifying the interest of the Owner in question to any party in interest, including Security Interest Holders of First Security Interests. Section 9.12 Damage to Property. Any portion of the Common Interest Community for which insurance is required under Section 38- 33.3 -313 of the Act or for which insurance carried by the Association is in effect, whichever is more extensive, that is damaged or destroyed, shall be repaired or replaced by the Association in accordance with Section 38- 33.3- 313(9) of the Act. ARTICLE X EASEMENTS AND LICENSES Section 10.1 Easements and Licenses. Easements or licenses to which the Lots and the Common Interest Community are presently subject are depicted on the Plat. In addition, the Common Interest Community may be subject to other easements or licenses granted by the Declarant pursuant to its powers under Article V of this Declaration. Section 10.2 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Property, to enter upon any part of the Common Interest Community in the performance of their duties. Section 10.3 Easement for Encroachments. If any Lot or Common Element encroaches on any other Lot or Common Element, a valid easement for the encroachment exists. The easement does not relieve an Owner of liability in case of willful misconduct nor relieve a Declarant or any other Person of liability for failure to adhere to the plans. Western Sage April 2005 15 Section 10.4 Easements for Drainage and Utilities. Easements for the installation and maintenance of utilities, drainage facilities, Association, public or private improvements and access thereto are reserved as shown on the recorded plats and other documents affecting the Lots and any amendments to such plats and documents or as established by any other instrument of record. Declarant hereby reserves, to itself and to the Association, easements for drainage or drainage facilities as noted on the recorded Plats. No Improvements shall be placed or permitted to remain on any Lot nor shall any change in grading be permitted to exist which may change the direction of flow or obstruct or retard the flow of water through channels or swales within such front, rear and side yard drainage easements. Declarant reserves to itself and to the Association the right to enter in and upon each front, rear and side yard drainage easement and at any time to construct, repair, replace or change drainage structures or to perform such grading, drainage or corrective work as Declarant or the Association may deem necessary or desirable in their sole discretion from time to time. Section 10.5 Easements Deemed Created. All conveyances of any Lot hereafter made, whether by the Declarant or otherwise, shall be construed to grant and reserve the easements contained in this Article even though no specific reference to such easements or to this Article appears in the instrument of such conveyance. ARTICLE XI DURATION, ANNEXATION, AMENDMENTS AND MERGER Section 11.1 Duration. This Declaration shall run with and bind the land perpetually, unless terminated as set forth in Article XIII below. A. Amendment. Declarant declares and reserves, as a Special Declarant Right, the right to amend without the consent of Owners this Declaration, or the Plat, or Documents, any time within fifteen (15) years from the date this Declaration is recorded, or before Declarant conveys the last Lot to a purchaser other than Declarant or a successor Declarant whichever first occurs, as follows: (i) To make nonmaterial changes, such as the correction of a technical, clerical, grammatical or typographical error or clarification of a statement. (ii) To comply with any requirements of the Act or amendments thereto, or any of the Agencies or to induce any of the Agencies to make, purchase, sell, insure or guarantee First Security Interests. Section 11.2 Recordation of Amendments. Each amendment to the Declaration must be recorded in accordance with Section 38- 33.3 - 217(3) of the Act as it may be amended. Section 11.3 Special Declarant Rights. Provisions in this Declaration creating Special Declarant Rights may not be amended without the consent of the Declarant. Section 11.4 Consent of Holders of Security Interests. Amendments are subject to the consent requirements of Article XIII. Western Sage April 2005 16 Section 11.5 Expenses. All expenses associated with preparing and recording an amendment shall be allocated in accordance with Section 38- 33.3- 217(6) of the Act. ARTICLE XII TERMINATION Termination of the Common Interest Community may be accomplished only in accordance with Section 38- 33.3 -218 of the Act, upon agreement of Owners to which at least eighty percent (80 %) of the votes are allocated. ARTICLE XIII SECURITY INTEREST PROTECTION Section 13.1 Purpose. This Article establishes certain standards and covenants for the benefit of the holders, insurers and guarantors of certain Security Interests. This Article is supplemental to, not a substitution for, any other provisions of the Documents, but in the case of conflict, this Article shall control. Section 13.2 Percentage of Eligible Mortgagees. Wherever in this Declaration the approval or consent of a specified percentage of Eligible Mortgagees is required, it shall mean that the approval or consent of Eligible Mortgagees holding Security Interests in Lots which in the aggregate have allocated to them that specified percentage of votes as compared to the total votes allocated to all Lots in the Association then subject to Security Interests held by all Eligible Mortgagees. Section 13.3 Notice of Actions. Upon written request to the Association, identifying the name and address of the Eligible Mortgagee or insurer or guarantor of the First Security Interest and the residence address of the property which is subject to such First Security Interest the Association shall give prompt written notice to each Eligible Mortgagee of: A. Any material condemnation loss or casualty loss which affects a material portion of the Common Interest Community or any Lot in which there is a first Security Interest held, insured or guaranteed by that Eligible Mortgagee. B. Any delinquency in the payment of Common Expense Assessments owed by an Owner which remains uncured for a period of sixty (60) days and whose Lot is subject to a first Security Interest held, insured or guaranteed by that Eligible Mortgagee; C. Any lapse, cancellation or material modification of any mandatory insurance policy or fidelity bond maintained by the Association; D. Any proposed action which would require the consent of a specified percentage of Eligible Mortgagees as specified in Section 14.4 of this Declaration; and E. Any material judgment rendered against the Association. Western Sage April 2005 17 Nxr Section 13.4 Consent and Notice Required. A. Declaration Changes. Notwithstanding any requirement permitted by this Declaration or the Act, no amendment of any material provision by the Association or Owners described in this Section may be effective without notice to all Eligible Mortgagees, as required by Section 14.3 above, without the vote of at least eighty percent (80 %) of the Owners (or any greater Owner vote required in this Declaration or the Act) and without approval by at least fifty - one percent (51 %) of the Eligible Mortgagees. The foregoing approval requirements do not apply to amendments effected by the exercise of any Development Right. A change to any of the following would be considered material (unless they are for the purpose of correcting technical errors or for clarification only): (i) Voting rights; (ii) Increase the Assessments annually by more than 25% over the previously levied Assessment, assessment liens or subordination of assessment liens; (iii) Reduction in the reserves for maintenance, repair and replacement of Common Elements; (iv) Responsibility for maintenance and repairs; (v) Rights to use the Common Elements; (vi) Convertibility of Lots into Common Elements or Common Elements into Lots, or boundaries of any Lots; (vii) Insurance or fidelity bonds; (viii) Restoration or repair of the project after hazard damage or partial condemnation in a manner other than that specified in the Declaration; and (ix) Any provision for the express benefit of First Security Interest holders, insurers or guarantors. B. Actions. Notwithstanding any lower requirement permitted by this Declaration or the Act, the Association may not take any of the following actions, other than rights reserved to the Declarant as Special Declarant Rights, without notice to all Eligible Mortgagees, as required by Section 14.3, above, and approval of at least fifty -one percent (51 %) of the Eligible Mortgagees: (i) The termination of the Common Interest Community for reasons other than substantial destruction or condemnation. (ii) The restoration or repair of the Common Areas after hazard damage or a partial condemnation in a manner other than specified in the instruments. Western Sage April 2005 18 (iii) The merger of the Common Interest Community with any other common interest community. (iv) Any action taken not to repair or replace the Property in the event of substantial destruction of any part of a Lot or the Common Elements. C. Implied Approval. The failure of an Eligible Mortgagee or Insurer to respond within thirty (30) days to any written request for approval of any addition or amendment to the Declaration wherever Eligible Mortgagee or Insurer approval is required, when such request is delivered by certified or registered mail, return receipt requested, shall constitute an implied approval of the addition or amendment. Section 13.5 Inspection of Books. The Association must maintain current copies of the Declaration, Master Declaration, Bylaws, Rules, books, records and financial statements. The Association shall permit any Eligible Mortgagee to inspect the books and records of the Association during normal business hours in accordance with the procedure set forth in the Bylaws. ARTICLE XIV CONDEMNATION If part or all of the Common Interest Community is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with Section 38- 33.3 -107 of the Act. ARTICLE XV MISCELLANEOUS Section 15.1 Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents or the intent of any provision thereof. Section 15.2 Gender. The use of the masculine gender refers to the feminine gender, and vice versa, and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require. Section 15.3 Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 15.4 Invalidity. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and if a provision is invalid, all of the other provisions of the Documents shall continue in full force and effect. Section 15.5 Conflict. The Documents are intended to comply with the requirements of the Act and the Colorado Revised Nonprofit Corporation Act. If there is any conflict between the Documents and the provisions of the statutes the provisions of the statutes shall control. Western Sage April 2005 19 AA Except as provided in Section 2.6, in the event of any conflict between this Declaration and any other Document, this Declaration shall control. Section 15.6 Severability. All provisions of the Documents of the Association are severable. Invalidation of any of the provisions of any such documents, by judgment, court order or otherwise, shall in no way affect or limit any other provisions which shall remain in full force and effect. Section 15.7 Registration of Mailing Address. Each Owner and Eligible Mortgagee shall, and each Security Interest Holder, insurer or guarantor of a Security Interest may register their mailing address with the Association, and except for assessment statements and other routing notices, all other notices or demands intended to be served upon an Owner, or upon a Security Interest Holder, insurer or guarantor of a Security Interest, shall be either delivered to them or sent by first class mail, postage prepaid, addressed in the name of such person or entity at such registered mailing address. However, if any Owner fails to notify the Association of a registered address, then any notice or demand may be delivered or sent, as aforesaid, to such Owner at the address of such Owner's Lot. All notices, demands, or other notices intended to be served upon the Board or the Association shall be sent by registered or certified mail, postage prepaid, to the Association's Manager or Registered Agent. Section 15.8 Arbitration/Attomeys' Fees. Except for matters requiring injunctive relief and matters concerning the collection of Assessments, all matters regarding the interpretation, application and enforcement of this Declaration shall be resolved by binding arbitration in accordance with the Colorado Arbitration proceeding consistent with the Rules of the American Arbitration Association. The parties to such dispute shall agree upon a single arbitrator who shall be an experienced professional property manager of a homeowners association. In the event the parties are unable to agree upon an arbitrator within thirty (30) days after written notice, the presiding judge of the County's District Court shall appoint an arbitrator qualified as set forth above upon application of a party. The arbitrator shall be required to follow substantive law in reaching a decision under this Paragraph. Judgment upon the determination of the arbitrator shall be entered and enforced by the County's District Court. Section 15.9 Indemnification. The Association shall indemnify every present and former Director, Officer, agent or employee against loss, costs, and expense, including attorney fees reasonably incurred in connection with any action, suit, or proceeding in which such person may be made a party by reason of being, or having been such Director, Officer, agent or employee of the Association, except for wanton or willful acts or omissions or if such person shall be finally adjudged to be liable for; any breach of the Director's duty of loyalty to the Association or its members; acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; acts specified in Section 7- 129 -102 of the Colorado Revised Nonprofit Corporation Act, as now in effect or hereafter amended, or any transaction from which the Director derived an improper personal benefit. Any such indemnification may be limited to and paid out of the insurance proceeds provided by an insurer furnishing Officers and Director's Errors and Omissions insurance coverage or similar protection and any other insurance protecting the Association from liability because of the negligent acts of its servants, including insurance covering motor vehicles or public liability, property damage, medical and Western Sage April 2005 20 other similar coverage. In the event of an insurance settlement, the settlement shall be approved by the Board of Directors and paid for by the insurance carrier out of the insurance proceeds. i I III The Declarant has caused this Declaration to be executed this day of , Declarant: Jay K. Peterson Western Sage April 2005 21 STATE OF COLORADO ) ss. COUNTY OF EAGLE } The foregoing Declaration of Covenants, Conditions and Restrictions for Western Sage was acknowledged before me this day of , 2005, by Jay K. Peterson. Witness my hand and official seal. My commission expires: [SEAL] Notary Public The rights and obligations of The Western Sage Community Association, a Colorado non - profit corporation, pursuant to the foregoing Declaration are hereby accepted and agreed to this day of , 2005. THE WESTERN SAGE ASSOCIATION, a Colorado non - profit corporation By: Its: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Declaration of Covenants, Conditions and Restrictions for Western Sage was acknowledged before me this day of , 2005, by , as for The Western Sage Community Association, a Colorado non - profit corporation. Witness my hand and official seal. My commission expires: [SEAL] Notary Public Western Sage April 2005 22 EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTERN SAGE LEGAL DESCRIPTION OF WESTERN SAGE COMMON INTEREST COMMUNITY Lot 1; Lot 2; Lot 3; Lot 4; Lot 5; Western Sage Subdivision, according to the recorded plat thereof, Town of Avon, County of Eagle, State of Colorado. Western Sage April 2005 23 EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTERN SAGE DESCRIPTION OF COMMON ELEMENTS Access Easement: Western Sage April 2005 24 CONTENTS I. Introduction II. Review Process III. Site Development Guidelines • Purpose • Building Siting • Preservation of Existing Vegetation • Drainage • Grading • Vehicular Access /Driveways • Fencing/Privacy Screening • Outdoor Lighting IV. Architectural Design Guidelines • Purpose • Single Family Residences • Building Height • Foundations • Exterior Wall Materials • Fenestration • Colors • Roof Design • Chimneys • Utility Meters, Satellite Dishes, Trash Containers V. Landscape Design Guidelines • Purpose • Design Philosophy • Recommended Landscape Plant Material • Retaining Walls • Irrigation Western Sage PUD Architectural Site Development & Landscape Design Guidelines INTRODUCTION The purpose and intent of this document is to establish site development, architectural, and landscape design guidelines for individual property owners of Lots 1 thru 5, Western Sage PUD. These guidelines should be used by property owners, architects, designers, and builders, along with the "Town of Avon Residential, Commercial, and Industrial design Review Guidelines ", adopted November 6, 2001, when making decisions regarding single- family residential development of Lots 1 thru 5, Western Sage PUD. These guidelines are intended to ensure residential development of the highest quality while preserving the unique natural character of the existing landscape. In addition, these guidelines are established to preserve and protect property values by ensuring that future development on Lots 1 thru 5 is compatible with existing structures, their surroundings, and the unique built and natural environment of the Wildridge neighborhood. Compatibility of future development can be achieved through proper consideration of scale, proportions, site planning, landscaping, and exterior building materials and colors. Whenever possible, natural slopes and vegetation should be preserved and /or replaced. The objective of future development on Lots I thru 5 is to `fit" buildings into the topography and to pay particular attention to preserving existing vegetation on the site. In order to achieve the goal of high quality residential development which remains sensitive to the natural character of the existing landscape, the developer and /or each individual property owner should make all reasonable efforts to design and adhere to the site development and landscape design recommendations set forth herein. Western Sage PUD Architectural Site Development & Landscape Design Guidelines REVIEW PROCESS Individual property owners wishing to construct single - family residences on Lots 1 thru 5, Western Sage PUD are encouraged to adhere to the site development and landscape design guidelines contained herein. Adherence is encouraged in the design phase of the residences as well as during the actual construction process. The Western Sage PUD, being located within the Wildridge Subdivision and the Town of Avon municipal boundaries, shall be governed by all laws and ordinances duly adopted by the Avon Town Council. This shall include, but not be limited to, compliance with the Town's established zoning, land development regulations, design review guidelines and development review processes. Design review of future development on Lots 1 thru 5 shall comply with the processes and procedures prescribed in the Town of Avon Municipal Code. Where conflicts between this document and the Town's duly adopted laws and ordinances, exist, the Town's laws and ordinances shall take precedence and control. Western Sage PUD Architectural Site Development & Landscape Design Guidelines a SITE DEVELOPMENT GUIDELINES • Purpose The site development guidelines are intended to protect the natural characteristics of the site and to preserve the inherent qualities that exist within the Wildridge neighborhood. To that end, the goal of the site development guidelines is to minimize and direct any negative physical and visual impacts of single- family development within the Western Sage PUD. For example, site grading, building location, vehicular access, slope retention, drainage, etc. should be responsive to the topography and vegetation existing on site. Buildings should blend in with the natural setting, be stepped with the natural topography, and fit into their surroundings rather than appearing to have been forced onto the site. • Building Siting All future development shall be constructed entirely within the platted building envelopes with exceptions as noted on the Western Sage PUD Final Plat. The purpose of the building envelope is to ensure the preservation of certain areas of the site, to help ensure that future development responds favorably to the topography of the site, and to provide the Town, neighbors and individual property owner's with assurances as to the future location of each of the single- family residences. Limits of disturbance fences shall be illustrated on the proposed site plan and demarcated on the property throughout the duration of the construction process. Building siting should be responsive to existing terrain features, established drainage courses, existing vegetation, views, and passive solar exposure. • Preservation of Existing Vegetation The goal of the proposed landscape plan should be to preserve and enhance any natural vegetation on the site. To that end, special attention shall be given to ensuring that existing vegetation located within non - developable areas and areas not proposed to be impacted by development is protected. To ensure that existing vegetation is minimally impacted, limits of disturbance fencing is required, erosion control measures shall be taken, and approved site grading shall be strictly adhered to throughout the construction process. Whenever possible, existing vegetation should be maintained as an asset to the site rather than regarded as a nuisance which can be removed to ease the construction process. • Drainage To the extent possible, all existing drainage patterns on the site should remain unaltered. Once established, all drainage ways and easements shall remain free of obstructions. Areas of concentrated runoff should be treated (ie. rip -rap) to minimize soil erosion. Western Sage PUD Architectural Site Development & Landscape Design Guidelines Gutters should be installed to direct roof drainage away from areas such as garage entrances, entrances and doorways, and patios or decks. • Grading Responsive grading can have long- lasting positive impacts to the site and surrounding areas. All on -site improvements should be sensitively designed to minimize any unnecessary disruption to the site. The presences of excessive retaining walls and substantial loss of existing vegetation may be an indicator of excessive or inappropriate grading. Built structures should be located to minimize the amount of grading and placed in such a manner as to act as slope retainage for the site. The maximum grade of all disturbed slopes shall not exceed 2:1. All grading should be sculpted to blend back into the surrounding landforms to help maintain a natural appearance. • Vehicular Access /Driveways Whenever possible, all access drives should follow the natural contours and topography of the site, respecting landforms and existing vegetation. Maximum driveway grades shall conform to the Town's adopted standards for driveway access. Parking areas should be screened with earthen berms and vegetation whenever possible. The length and width of future driveways should be minimized to reduce the amount of impervious surfaces on the site. Adequate areas for snow storage shall be provided on each individual site to prevent the accumulation of plowed snow along common access areas. All driveway and parking surfaces shall be asphalt, concrete pavers, stone cobbles, or a combination thereof. Driveways surfaces should be sited to take advantage of passive solar exposure to prevent icing and the accumulation of snow. Fencing/Privacy Screening Fencing around yards is prohibited. Privacy walls are discouraged. Privacy walls which do not exceed six feet in height as measured from finish grade to the top of the wall may be constructed around decks and hot tub areas. "Living" privacy walls (ie. trees, shrubs and bushes) are the preferred alternative for providing screening and privacy within a site. • Outdoor Lighting Outdoor lighting is necessary to provide security, safety, and aesthetic illumination of a site. To prevent light pollution and intrusion of light onto adjoining properties, outdoor light fixtures shall be directed only where light is needed and should below level light sources which are fully cut -off or shielded. The use of flood light fixtures and lights with exposed bulbs is prohibited. Uplighting of landscaping and landscape features is discouraged. The use of an automatic timer on outdoor landscape lighting is encouraged. Western Sage PUD Architectural Site Development & Landscape Design Guidelines a ARCHITECTURAL DESIGN GUIDELINES • Purpose The architectural design guidelines are intended to preserve the aesthetic quality of the built environment within the site and to enhance the visual aesthetic of the surrounding residential neighborhood. To that end, the goal of the architectural design guidelines is to provide architectural controls to ensure that the architectural design of structures and their exterior materials and colors are visually harmonious with the town's overall appearance, with surrounding development, and with natural and existing topography. For example, building materials and colors, building scale and form, and building orientation should be responsive to their surroundings. These guidelines are intended to promote residential development of the highest quality. • Building Height Maximum building height shall not exceed 35 feet. Building height shall be determined by utilizing the town's adopted methodology for calculating building height. • Foundations Building foundations shall be covered in stone, plaster stucco, or wood to prevent the presence of exposed concrete foundation walls. Whenever possible, finish grade should be brought up to minimize the amount of potentially exposed foundation wall area. Minimum building code standards for distances between the ground and wood siding shall be met. • Exterior Wall Materials Exterior wall materials should be an assemblage of materials that add architectural variety, visual interest, and texture to the building. The use of highly durable, high quality materials which weather well in a high altitude, mountainous environment is encouraged. Exterior walls shall be designed with a clear definition of base, middle, and top which should relate to the proposed building forms. Primary wall materials shall include stone and wood siding. Plaster stucco may be acceptable when used in limited amounts as a secondary wall material. Changes in wall materials should only occur at inside corners of the building and along horizontal breaks in the elevations. No one wall material should dominate an elevation of a structure. Generally speaking, stone veneer should be used to establish a base for the building. Lighter materials such as wood siding or plaster stucco should sit atop the stone and form the middle portion of the building. Large, uninterrupted building wall segments should be avoided. Changes in wall materials or wall material application along with window fenestration should be incorporated into the design. Architectural details such as trim, shutters, corbels, bracing, exposed rafters and beams, etc, should be included to add visual interest into the overall design. A well- proportioned pitched roof shall be constructed to finish off the building. Western Sage PUD Architectural Site Development & Landscape Design Guidelines • Fenestration All windows should be appropriately sized to match their surrounding wall surfaces and materials. Fenestration within field materials (plaster stucco and wood) should be designed with decorative trim and sills, or heavy structural frames so that they do not appear as "punch outs" in the wall. The shapes of windows should be selected to complement the architecture of the building. All windows should strive to add visual interest through the incorporation of mullions, muntins, and divided lites. • Colors Building colors for structures within the Western Sage PUD should be chosen to blend with the surrounding mountain environment. Earth tones in various shades of browns, beiges, and grays are encouraged. Colors and hues found in natural stones and naturally - weathering woods are most desirable. Complementary darker colors of similar hues should be used to accent decks, fascia, door and window trim, garage doors, etc. • Roof Design A well- designed roof is proportionate to the structure it sits atop. In the case of the Western Sage PUD, primary roofs forms should be predominately gable roofs with a pitch of at least 5/12. More steeply pitching roofs are encouraged. Roofs should be designed with environmental and climatic considerations such as snow shedding, drainage, solar exposure, wind direction, etc. in mind. Secondary roof forms such as shed roofs are encouraged when used to cover exterior decks, entry ways, and dormers. Roof surfacing shall be primarily asphalt shingles that are no less than 350 pounds per roofing square. Metal materials such as corten and copper are encouraged on secondary roof forms. In no instance, however, will metal roofs be permitted that reflect direct sunlight onto adjacent properties. Roofs should contain deep eaves and overhangs that provide protection from the elements and cast shadows upon the facade of the building. • Chimneys All flues 6" in diameter or greater which penetrate roofs shall be designed with chimneys. The size of the chimney should be in scale with the architecture of the building. Chimneys shall be covered in stone veneer, wood siding, or plaster stucco. Chimneys shall terminate with a decorative cap made of metal or stone. Special attention should be given to the chimney cap design to avoid the appearance of being too bulky or top- heavy. Utility Meters, Satellite TV Dishes, Trash Containers Utility meters, satellite tv dishes and outdoor trash storage areas shall be screened from view from neighboring properties. Screening may be accomplished through placement on the building, physical screening with landscaping, or painted a color to blend with the Western Sage PUD Architectural Site Development & Landscape Design Guidelines 311 site and structure. In no instance shall satellite tv dishes be permitted on roof tops, reflect sunlight, or contain advertising of any kind. Trash storage shall be located within the main structure and fully enclosed from view from adjacent properties. Western Sage PUD Architectural Site Development & Landscape Design Guidelines LANDSCAPE DESIGN GUIDELINES • Purpose The landscape design guidelines are intended to preserve the aesthetic quality of the natural environment of the site and to enhance the visual aesthetic of the site and the surrounding residential neighborhood. To that end, the goal of the landscape design guidelines is to provide landscape design controls to ensure that the landscape design of site is visually harmonious with surrounding development and with the natural and existing vegetation. 0 Design Philosophy The intended philosophy of the landscape design is to harmonize the building sites with the natural topography and existing vegetation. Extra care should be taken to disturb as little of the site as possible during the construction process. When areas are disturbed, revegetation utilizing existing and native plants and grasses should be utilized. The use of non - native plant materials shall be limited to providing accent and color to the site and structures. Whenever possible, plants indigenous to the area should be utilized. The landscape planting design should be such that it de- emphasizes the location of property lines between the sites. Xersiscape practices are highly encouraged to reduce water consumption and maintenance requirements. Large turf areas are discouraged. 0 Recommended Landscape Plant Material A recommended list of landscape plant materials can be found in Appendix 1, "Town of Avon Residential, Commercial, and Industrial Design Review Guidelines ", adopted November 6, 2001. Additional plants that should be considered for use include serviceberry, buckthorn, cotoneaster, sage, rabbitbrush, snowberry, and mountain mahogany. • Retaining Walls Retaining walls design shall comply with the standards outlined in the, "Town of Avon Residential, Commercial, and Industrial Design Review Guidelines ", adopted November 6, 2001. Retaining wall materials shall be limited to concrete walls with a stone veneer and dry stacked boulders. • Irrigation An automatic irrigation system is required for all turf, shrub, and tree areas to reduce water loss and for ease of maintenance. The irrigation system shall be indicated on the approved landscaping site plan. Western Sage PUD Architectural Site Development & Landscape Design Guidelines 08/23/2004 15:50 FAX 9707484747 EAGLE RIVER FIRE Memomn(Jum To: Tarabi Katieb, Senior Planner, Town of Avon From: Carol Gill•-Mulson, Deputy Chief, ER.FPD Date: 8/23/2004 Re: Western Sage, PUD, Town of Avon 4 TUMN UYAVUIN ig U U.L The above project was reviewed for fire department concerns with the following comments: - Accmakld tum-arounds shown on the site plan submittal dated July 2004 appear adequate for emergency vehicles, Water Supply and &e hydrants are acceptable with the addition of one hydrant located at i#6:0nd of the Proposed road. The water department will need to be contacted to corifirm thOocation. If fli:qre are any questions, please contact me at 970-748-4741, Mr EAGLE AdWA'&� WATER & SANITATION DISTRICT 846 Forest Road ® Vail, Colorado 81657 (970) 476 -7480 m FAX (970) 476 -4089 September 7, 2004 Mr. Tambi Katieb Town of Avon Planning P.O. Box 975 Avon, CO 81620 ',1111317_ `` J Subject: Western Sage Project (Lots 54, 55, 89, 90, Block 4), Wildridge, Town of Avon Dear Tambi: The District has reviewed and granted Conceptual Approval for the above - referenced project that will include a water line extension off of Long Sun Lane to a private drive that will be constructed to District standards and a sewer main extension that will tie into an existing sewer manhole located between Lot 54 and Lot 53. Final plans will be submitted to the District for Construction Plan Approval at a later date. Please do not hesitate to contact me with any questions. Sincerely, J'W& 0 .4a-q� Fred S. Haslee Regulations Administrator Cc Jay Peterson FSH /mep MFOSIV,co 2004 AVF:\15WSD\8Regs\Letters\2004\WestemSage.doc WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES Dev6IOPMent 4\\ TOWN OF AVON, COLORADO RESOLUTION NO. 04 -37 SERIES OF 2004 A RESOLUTION APPROVING SUBDIVISION VARIANCE AND PRELIMINARY PLAN FOR WESTERN SAGE P.U.D., A RESUBDIVISION OF LOTS 54, 55, 89 AND 90, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Jay K. Peterson has applied for a Subdivision Variance and Preliminary Plan approval for the Western Sage P.U.D. a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado in conjunction with an application for a PUD Amendment; and WHEREAS, said Subdivision Preliminary Plan provides for the resubdivision of three existing tri -plex lots and one duplex lot into eight single family lots with access from existing public streets or by easement from existing public streets; and WHEREAS, said Variance application is to allow the creation of four lots that do not have a frontage width of at least 25 feet on a dedicated street as required by Section 16.40.330 of the Avon Municipal Code; and WHEREAS, The Town Council of the Town of Avon finds that the requested Variance complies with the following criteria: 1) A strict, literal application of the subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape location and character of the proposed subdivision; 2) The provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; 3) The granting of the request will not adversely affect the use of the land in the immediate area of the tract in question; and WHEREAS, said Preliminary Plan redefines the Non - Developable Area as designated on the Final Subdivision Plat of Wildridge; and WHEREAS, the Town Council of the Town of Avon finds that the redefined Non - Developable Area on the Preliminary Plan is consistent with Resolution No. 04 -25, A Resolution Relating to Existing Non - Developable Areas in the Wildridge Planned Unit Development; and WHEREAS, said application for a PUD Amendment for Lots 54, 55, 89 and 90, Block 4, Wildridge was reviewed by the Planning and Zoning Commission of the Town of Avon; and WHEREAS, following a public hearing and said review of the proposed PUD Amendment, the Planning and Zoning Commission recommended Town Council approval of the proposed PUD Amendment; and fit i WHEREAS, following a public hearing and review of the proposed PUD Amendment, the Town Council has confirmed the recommendation for approval by the Planning and Zoning Commission and has approved the Proposed PUD Amendment by the adoption of Ordinance Number 04 -15; and WHEREAS, the Proposed Subdivision Variance and Preliminary Plan is in conformance with the Proposed PUD Amendment. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Subdivision Variance and Preliminary Plan for Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado is hereby approved subject to the following conditions: 1) Completion of technical corrections as identified by Town Staff. 2) The completion of water and sewer main extensions as shown on the Preliminary Plan and the submission of written documentation from the applicable Districts accepting the extensions prior to the filing of a Final Plat for the Subdivision or the inclusion of a Subdivision Improvements Agreement with acceptable security in conjunction with the application for Final Plat approval. 3) The submission and recording of acceptable covenants and by -laws addressing the construction, use and maintenance of the common access easements for the lots not having the typically required minimum frontage on a public street. 4) The submission of Design Guidelines for this PUD to the Town for review, approval and recording prior to, or in conjunction with Application for Final Subdivision Plat approval. ADOPTED THISg' DAY OF September, 2004. . TOWN COUNCIL TOWN OF AVON, COLORADO Mayer �W_z �_ -- A ST: Pa 6v M Kennv. T wn Uerk Resolution No. 04 -37 Prel Plan Western Sage Page 2 of 2 h IA-LC - " " Z' Ink TO: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: April 21, 2005 Re: Resolution No. 05 -20, A Resolution Approving and Accepting the Subdivider Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1 and Authorizing Release of all Retainage for Subdivider Portion of the Public Improvements. Summary: Traer Creek LLC has Requested Release of Retainage (Exhibit E) and has submitted all required documentation for approval and acceptance of the Subdivider Improvements required by the Subdivision Improvements Agreement (SIA) (Exhibit B) for The Village (at Avon) Filing 1. The Subdivider Improvements generally consist of the shallow utilities; natural gas, electric, telephone and cable TV. These are identified in Exhibit B with associated costs in Exhibit D of the SIA. Upon completion, responsibility for these facilities was transferred to the corresponding utility company. Our records indicate an Escrow Account Balance of $93,389.83 in accordance with Escrow Agreement (Exhibit C) between Traer Creek LLC, the Town of Avon and Stewart Title of Vail, Inc. as amended by First Amendment to Escrow Agreement (Exhibit D) dated December 9, 2003. The SIA provides that upon completion of all work related to Subdivider's Improvements and the Town's acceptance of Subdivider's Improvements, the entire amount of remaining collateral shall be released. Resolution No. 05 -20 (Exhibit A) approves and accepts the Subdivider's Improvements as being satisfactorily complete and authorizes release of all remaining collateral. We recoininend approval of Resolution No. 05 -20, A Resolution Approving and Accepting the Subdivider Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1 and Authorizing Release of all Retainage for Subdivider Portion of the Public Improvements. Discussion: The Village (at Avon) Filing 1, SIA between Traer Creek LLC, Traer Creek Metropolitan District and the Town of Avon divides responsibility for the Public Improvements between Traer Creek Metropolitan District (District Improvements) and Traer Creek LLC (Developer Improvements). The District Improvements generally included all streets & road, storm drainage and publicly owned utilities (water & sewer) as listed in Exhibit A and Cost Estimates in Exhibit C to the SIA. The Developer Improvements generally consisted of the shallow utilities, privately owned utilities (natural gas, electric, telephone & cable TV) as listed in Exhibit B and Cost Estimates in Exhibit D to the SIA. An Escrow Agreement dated May 7, 2002 was established between Traer Creek LLC, the Town of Avon and Stewart Title of Vail, Inc. to provide the collateral required by the SIA for the Developer Improvements. The Escrow Agreement was established with Escrow Funds in the amount of $904,151.60. The escrow Agreement provided for the periodic release of ftinds for progress payments in accordance with the SIA. Progress releases are approved by Staff based upon review of construction pay applications and field review of the construction progress. Final Payment and acceptance of the Improvements are approved by Town Council in accordance with Section 16.24.110 of the Subdivision Regulations. Progress payments have been approved and released by staff as follows: Original Balance $ 904,151.60 Release No. I (Approved 5/15/02) 219,436.36 Release No. 2 (Approved 8/26/02) 127,862.00 Release No. 3 (Approved 1/15/04) 463,463.41 Current Escrow Balance less Interest $ 93,389.83 Traer Creek LLC has submitted letters from Holy Cross Energy (Exhibit F), Excel Energy (Exhibit G), Comcast (Exhibit H)and Qwest (Exhibit 1) approving the construction and installation of each of the applicable facilities. An Engineer's Opinion of Project Conformity dated January 9 2004, (Exhibit J) by the Project Engineer verifies satisfactory completion of the Shallow Utilities with the exception of overhead utilities at Post Boulevard. An Engineer's Opinion of Project Conformity by the Project Engineer (Exhibit K) was subsequently submitted April 12, 2005, to verify satisfactory completion of the Shallow Utilities in conformity with the contract plans and specifications. Based upon this documentation, we recommend approval and acceptance of the Subdivider Improvements in accordance with the SIA by the adoption of Resolution No. 05-20, Series of 2005. Recommendation: Approve Resolution No. 05-20, Series of 2005, A Resolution Approving and Accepting the Subdivider Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing I and Authorizing Release of all Retainage for Subdivider Portion of the Public Improvements. • Page 2 Proposed Motion: I move to approve Resolution No. 05-20, Series of 2005, A Resolution Approving and Accepting the Subdivider Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing I and Authorizing Release of all Retainage for Subdivider Portion of the Public Improvements. Attachments: Exhibit A - Resolution No. 05-20, Series of 2005 Exhibit B - Subdivision Improvements Agreement Exhibit C - Escrow Agreement Exhibit D - First Amendment to Escrow Agreement Exhibit E - Request for Release - April 1, 2005 Exhibit F - Holy Cross Energy Approval - September 30, 2003 Exhibit G - Excel Energy Approval - October 13, 2003 Exhibit H - Comcast Approval - December 2, 2003 Exhibit I - Qwest Approval - November 24, 2003 Exhibit J - Engineer's Opinion of Project Conformity - January 9, 2004 Exhibit K - Engineer's Opinion of Project Conformity - April 12, 2005 Town Manager Comments: • Page 3 I& �xl Ila TOWN OF AVON RESOLUTION NO. 05-20 Series of 2005 A RESOLUTION APPROVING AND ACCEPTING THE SUBDIVIDER IMPROVEMENTS INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (AT AVON) FILING I AND AUTHORIZING RELEASE OF ALL RETAINAGE FOR SUBDIVIDER PORTION OF THE PUBLIC IMPROVEMENTS WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS AGREEMENT, dated November 13, 2001, with Traer Creek LLC and Traer Creek Metropolitan District in connection with the approval of the Final Plat for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado; and WHEREAS, said Agreement established certain public improvements to be constructed by Traer Creek LLC (Subdivider Improvements) in conjunction with said subdivision; and WHEREAS, said Agreement established requirements for the provision of collateral to assure completion of the Subdivider Improvements in accordance with the Agreement and the subsequent release of the collateral upon completion and the stipulated warranty period; and WHEREAS, said Subdivider Improvements were substantially complete as of January 9, 2004; and WHEREAS, all required documentation for approval and acceptance of the improvements has been submitted as of April 12, 2005. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. The Subdivider Improvements required to be constructed in conjunction with The Village (at Avon) Filing I were substantially complete as of January 9, 2004, in accordance with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one-year warranty period for said improvements is hereby verified as complete as of April 12, 2005. 2. All funds held as collateral in accordance with Escrow Agreement between Traer Creek LLC, The Town of Avon and Stewart Title of Vail, Inc. dated May 7, 2002 and as amended by First Amendment to Escrow Agreement dated December 9, 2003, are hereby authorized for release. 1:\Engineering\Avon Village\2.0 Filing 1\2.9 Completion\2.9.5 Security Deposit Release\Res 05-20 Dev Release.Doc 6 ADOPTED THIS DAY OF .2005. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk L \Engineering \Avon VillageA2.0 Filing 1 \2.9 Completion \2.9.5 Security Deposit ReleaseARes 05 -20 Dev Release.Doc SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this /3 day of /V�'' ✓. , 2001, is by and among Traer Creek LLC, a Colorado limited liability company ( "Subdivider "), Traer Creek Metropolitan District, a quasi- municipal corporation and political subdivision of the State of Colorado (the "District "), and the Town of Avon, a Colorado municipality, by and through its Council (the "Town "). RECITALS WHEREAS, Subdivider and the District, in connection with the approval of the final plat for The Village (at Avon) Filing 1, consisting of 176.90 acres in Section 12, T. 5 S., R. 82 W. and Sections 7 and 8, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle County, Colorado (the "Subdivision "), desire to enter into a Subdivision Improvements Agreement with the Town as provided for by Section 16.24. 100 of the Avon Municipal Code, as amended (the "Code "); and WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for completion of certain public improvements (the "Improvements ") set forth in Exhibits A and B attached hereto and incorporated herein by reference; and WHEREAS, the District is responsible for the performance and completion of public improvements ( "District Improvements ") assigned on Exhibit A attached hereto and incorporated herein by reference; and the Subdivider is responsible for the performance and completion of public improvements ( "Subdivider Improvements ") assigned on Exhibit B attached hereto and incorporated herein by reference; and collectively referred to as Improvements. AGREEMENT NOW THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Final Plat Approval. The Town agrees that upon compliance with all other conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat of The Village (at Avon) Filing 1 shall be promptly filed for record with the Office of the Eagle County Clerk and Recorder. 2. Completion of Work. (a) Performance. Subdivider and District agree to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, all improvements and work incidental thereto assigned to each as set forth in Exhibits A and B. Subdivider and the District further agree that each will be responsible for all costs of 929/Traer 0 Improvements assigned to it. All said work shall be performed in accordance with the construction plans and specifications as submitted to and approved by the Town prior to commencement of construction of Improvements. All Improvements shall be completed within three (3) years of the date of the Town's approval of the Final Plat for the Subdivision. (b) Inspection Procedures. (1) All work shall be done under the inspection procedures and standards established by the Town, shall be subject to the reasonable satisfaction of the Town and shall not be deemed complete until the reasonable approval and acceptance of the Improvements by the Town. (2) Designation of Inspectors. Prior to commencement of construction work on the Improvements, the Town shall designate the individuals or independent third parties employed by the Town who are authorized to inspect the construction of the Improvements. Such inspections by the Town shall not relieve Subdivider or the District or their agents from any responsibility or obligation to assure that all work is completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town. (3) Cost of Inspections. The cost of such inspections, whether by Town employees or an independent third party inspector, shall be paid by Subdivider or the District, depending on the party responsible for the Improvement inspected, and subject to the limitations set forth in paragraph 9 below. (4) Notice of Non - Compliance. In the event that the Town, through the inspectors, reasonably determines that the Improvements are not in compliance with the pre - approved construction plans and specifications, it shall give written notice of such non- compliance to Subdivider or the District, depending on the Improvements involved ( "Notice of Non - Compliance "). The Notice of Non - Compliance shall include a narrative describing the unsatisfactory construction work with specific reference to the applicable construction plans and specifications. The Notice of Non - Compliance must be provided to Subdivider or the District within two (2) working days of the date of the inspection. Security for Completion of Improvements. (a) Security. To secure completion of the Improvements, Subdivider and the District hereby agree to secure their respective obligations under this Agreement with Collateral in accordance with Section 16.24. 100 of the Code. Collateral shall be one or a combination of the following: cash or its equivalent; securities of acceptable value; letter of credit; bond (for District Improvements warranty period only); and land of acceptable value by deed of trust. (b) Substitution of Security. Either Subdivider or the District may substitute another form of collateral acceptable to the Town in place of the forms of security set forth below 929/Traer -2- in order to guaranty the faithful completion of the Improvements and the performance of the terms of this Agreement. 4. District Improvements. (a) Funding Resolution. The District has adopted a resolution (the "Funding Resolution ") attached hereto as Exhibit E authorizing the District's execution of this Agreement and providing for the appropriation, segregation and use of funds in an amount sufficient to guarantee the construction of the District Improvements set forth on Exhibit A. The estimated costs of completion of the District Improvements are set forth on Exhibit C attached hereto and incorporated herein by reference. The Funding Resolution specifically provides that all funds referenced therein are unencumbered and free from claims of others such that, if necessary, any requests for payment approved by the Town may be promptly honored. As a condition to recordation of the Final Plat, the District shall provide the Town Engineer with evidence that such funds have been appropriated and segregated in a separate account (the "Security Account ") and identified for use in connection with this Agreement. The District shall renew the Funding Resolution at the beginning of each subsequent calendar year until all District Improvements have received final acceptance or until the District provides substitute collateral acceptable to the Town. (b) Security for Interstate 70 Interchange. The parties acknowledge that the Town and Subdivider's predecessors -in- interest entered into an Annexation and Development Agreement ( "Development Agreement ") dated October 13, 1998, and a First Amendment to the Annexation and Development Agreement ( "First Amendment ") that among other things, addressed the construction of a full diamond interchange on Interstate 70 serving the Subdivision. Paragraph 4.30) in the Development Agreement, and reiterated in paragraph 2(q) of the First Amendment, states that if the District provides the Colorado Department of Transportation ( "CDOT ") with a completion bond or other security acceptable to CDOT with respect to completion of the Interstate 70 interchange, then the District shall have no obligation to also provide separate security to the Town for such improvements. The Town, Subdivider and the District agree that nothing in this Agreement shall alter or modify the terms of the Development Agreement or the First Amendment. (c) Progress Payments on District Improvements. The District may make progress payments to its contractors from the Security Account on a monthly basis upon the partial completion of itemized improvements which have been set forth in Exhibit C and upon fifteen (15) day's prior written notice including an itemized statement of the District to the Town. The District shall retain ten percent (10 %) of the amount of each payment until final completion and acceptance of all work covered by each construction contract; provided however, when the value of work completed has progressed to fifty percent (50 %) of the contract amount, the District shall not be required to withhold additional retainage for the remainder of the work under such contract. The (10 %) ten percent retainage of the value of work completed may be 9291Traer -3- W reinstated if in the Town's opinion the lack of progress or other substantial reasons exist. Except for the foregoing, in no event shall any progress payment cause the remaining sum to be available in the Security Account for subsequent disbursements to be less than one hundred ten percent (110 %) of the costs to complete all remaining District Improvements as estimated at the time of each progress payment. Upon completion of all work related to the District Improvements, the Town's acceptance of the District Improvements and the expiration of the Warranty Period set forth in paragraph 6 below, the Town shall release any further interest in the Security Account. (d) Default by District. In the event of a default in whole or in part by the District, the Town shall be authorized to access the funds in the Security Account for the purpose of undertaking completion or remediation work on the District's Improvements after providing thirty (30) days advance notice of default and providing an opportunity during such period for the District to cure the default. The Town shall be entitled to draw on the Security Account by Resolution of the Town Council stating (i) that the District is in default, and (ii) the funds are required in order to complete or correct work on the District's Improvements. District funds identified in the Funding Resolution shall be held, whether by the District or the Town, in compliance with the requirements of C.R.S. 29 -1- 803(1) for the purpose of providing for the completion of the District Improvements. 5. Subdivider Improvements. (a) Security for Completion of Subdivider's Improvements. Subdivider shall deliver to the Town an irrevocable letter of credit or other collateral consistent with Section 16.24. 100 of the Code issued by a reputable financial institution in an amount equal to one hundred and ten percent (110 %) of the estimated costs of completion of Subdivider's Improvements as set forth on Exhibit D. The irrevocable letter of credit or other collateral shall be delivered to the Town prior to, or concurrently with, recordation of the Final Plat for the Subdivision. (b) Progress Payments on Subdivider's Improvements. The Subdivider may make progress payments to its contractors on a monthly basis upon (i) the partial completion of itemized improvements for which cost estimates have been set forth in Exhibit D and upon written request including an itemized statement of the Subdivider to the Town, and (ii) the written approval of the Town or its designee; provided, however, if the Town fails to respond to a disbursement request within twenty (20) days such request will be deemed approved. Upon the approval of such progress payments, the amount of collateral shall be reduced by the amount of such payment; provided, however, that in no event will any such reduction cause the amount of remaining collateral to be less than an amount equal to one hundred and ten percent (110 %) of the estimated costs of completion of all remaining Subdivider's Improvements. Upon completion of all work related to Subdivider's Improvements and the Town's acceptance of Subdivider's Improvements, the entire amount of remaining collateral less those amounts described in paragraph 6 below, shall be released. 929/Traer -4- (c) Default by Subdivider. In the event of a default in whole or in part by Subdivider, the Town shall be authorized to draw on the letter of credit or other collateral for the purpose of undertaking completion or remediation work on the Subdivider's Improvements after providing thirty (30) days' advance written notice of default and providing an opportunity during such period for Subdivider to cure the default. The Town shall be entitled to draw on such letter of credit or other collateral by Resolution of the Town Council stating (i) that Subdivider is in default, and (ii) the funds are required in order to complete or correct work on the Subdivider's Improvements. 6. Warranty Period. The Improvements shall be warranted to be free from defects in workmanship or quality for a period of one (1) year after acceptance of all the work by the Town. In the event of any such defect, the Town may require Subdivider or the District, depending on which work is defective, to correct the defect in material or workmanship. The amounts for completion of all warranty work on District Improvements shall be secured by a letter of credit, bond or other acceptable collateral in the amount of one hundred and ten percent (110 %) of the cost of such corrective work to be held by the Town during such one (1) year period, as a guaranty of performance of any work required under the above - described warranty. The amounts for completion of all warranty work on Subdivider Improvements shall be secured by a letter of credit or other acceptable collateral in the amount of one hundred and ten percent (110 %) of the cost of such corrective work to be held by the Town during such one (1) year period, as a guaranty of performance of any work required under the above - described warranty. In the event any corrective work is performed during the one (1) year warranty period then the warranty on said corrected work shall be extended for one (1) year from the date on which it is completed. 7. Condition of Public Dedicated Roadways. The District shall at all times prior to acceptance of any publicly dedicated roadways within the Subdivision by the Town give good and adequate warning to the traveling public of each and every known dangerous condition existent in said roads and shall protect the traveling public from such defective or dangerous conditions. Until the completion of all the Improvements herein agreed to be constructed, roads not accepted as improved shall be under the charge and control of the District for purposes of this Agreement; and the District may close all or a portion of any street or road within the Subdivision whenever it is necessary to protect the traveling public during the construction or installation of the Improvements herein agreed to be made. 8. Engineering Certification. Upon completion of portions of the Improvements, Subdivider or the District will cause their engineers (who shall be registered in the State of Colorado) to certify in writing that the installation of the Improvements, or portions thereof as may be completed from time to time, have been completed in conformance with all standards, plans and specifications as submitted to and previously approved by the Town. Inspection reports, test results and other supporting documentation shall be submitted with the certification. 9. Subdivision and Inspection Fees. Fees in accordance with the Town's Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in 929/Traer -5- N full. Additional fees shall be paid to the Town by Subdivider or the District, depending on which Improvements are involved, within thirty (30) days after delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees will be based on direct (out -of- pocket) costs of the Town plus an administrative fee in the amount of fifteen (15 %) percent of the direct costs, but in no event will the total amount of such additional fees exceed five percent (5 %) of construction costs. 10. No Obligation of Town to Complete Improvements. Subdivider and the District agree that in the event either shall fail to perform their obligations as set forth herein, the Town shall be under no obligation to complete or perform any of the said Improvements. No one, individually or otherwise, other than the parties hereto, shall acquire, as a result of this Agreement, any rights, claims or obligations from or against the Town, its agents, employees or officers. Actions by the Town against Subdivider or the District to enforce any provision of this Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to require any action by the Town pursuant to this Agreement; and this Agreement shall not create a liability on the part of or be a cause of action against the Town, for any personal or property damage that may result to any third parties from the failure of the Subdivider or the District to complete the Improvements herein specified. 11. Non- Liability of Town: Indemnification. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the work specified in this Agreement, nor shall the Town, nor any officer, agent or employee thereof, be liable for any persons or property injured by reason of the nature of said work. To the extent permitted by law, Subdivider and the District, respectively, hereby agree to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages or liabilities to which the Town or any of its officers, agents or employees may become subject, because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or omissions in the performance of the obligations of Subdivider or the District, respectively, as hereinbefore stated. Furthermore; Subdivider and the District shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. 12. Rights of Town in Event of Default. In the event that Subdivider or the District default in whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days after having given written notice to Subdivider and the District of such default during which period of time the Subdivider or the District failed to correct said default, the Town may, at its sole discretion, proceed with the construction or completion of the Improvements specified on Exhibit A or Exhibit B. All such costs paid by the Town for such Improvements, together with all costs of personnel, equipment and other matters expended by the Town in furtherance of the construction responsibilities of Subdivider or the District, shall be paid by Subdivider or the District based upon their underlying responsibility for the improvement in question. Any such costs relating to the Subdivider Improvements, which have not been reimbursed by Subdivider, 9291Traer -6- shall be a lien on any property in the Subdivision owned by Subdivider at the time of default. Any such costs relating to the District's Improvements, which have not been reimbursed by the District, shall be a lien on any property in the Subdivision owned by Subdivider at the time of default. Said lien may be foreclosed in the same manner as a mortgage and shall entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or other collection. Without limiting the foregoing, the Town may bring a mandatory injunction action against Subdivider or the District to require installation and construction of the Improvements, if not constructed within the time limits described in this Agreement. If any such action is brought by the Town, the Town shall be awarded its court costs and reasonable attorneys' fees. 13. Letter Certifying Completion and Final Acceptance of Improvements. When all Improvements have been completed and accepted by the Town, and the Warranty Period has expired, the Town agrees that it will issue a letter, in recordable form, certifying that all obligations of Subdivider and the District under this Agreement have been satisfied. 14. Amendments. This Agreement may be amended from time to time, provided that such amendment is in writing and signed by all parties hereto. 15. Covenants Running with the Land. This Agreement and the obligations hereof shall be deemed to be covenants running with the land and shall be binding on the successors and assigns of the parties hereto. The parties hereto have executed this Agreement as of the date first above written. 1APPROV S TO FORM: Town Attorney 929/Traer TOWN OF AVON, a Colorado municipal corporation By: May N 929/7raer TRAER CREEK LLC, a Colorado limited liability company V�. Magnus �mddholm Manager TRAER CREEK METROPOLITAN DISTRICT, a quasi - municipal corporation 21-011 President I DISTRICT IMPROVEMENTS i Demolition, Excavation &Grading A. Remove & Dispose of Existing Structures B. Excavation for Roadways &OvedotGrading . C. Embankment Including Structural and Stockpile Fill U. Incidental Construction A. Erosion 0. Pollution Control B. Dust Control C. Revegetation U|, Storm Drainage A. Nottingham Gulch to Eagle River B. Nottingham Gulch Debris Flow Mitigation Facilities (1-70) C. Roadway and Site Drainage Facilities to Eagle River D. Stormwater & Pollution Control Facilities IV. Utilities A. Water B. Sanitary Sewer C. Natural Gas D. Electric (Ppo-R|abo2496ofPrivate) E. Telephone F. Cable TV V. Bridges and Structures A. Eagle River Bridge B. Union Pacific Railroad Bridge C. Retaining Walls Vi Street Improvements Including Fine Grading, Sub-Base Materials 0' Preparation, Concrete Curb &Gutter, K8ediens.CroGspanG& Sidewalks, Asphalt Paving, and SiQnage&Striping A. US Highway 8 B. Post Boulevard (US Hwy 80o South 1-70 Access Ling) C. Ea8|ebendDhvm D. Nottingham Ranch Road E. Yoder Avenue F. Fawcett Road G. East Beaver Creek Boulevard/Chapel Place (Temporary Connection) VII. Street Landscaping ViU Street Lighting |X Management and General Conditions 109" I Dry Utilities B. Gas C. Electric D. Telephone/Communications 11 Construction Management and General Conditions S ESTIMATED COST OF COMPLETION for DISTRICT IMPROVEMENTS i Demolition, Excavation &Grading Structures A. Remove & Dispose of Existing Str�� � 2O5 . 841 B. Excavation for Roadways &DvodcdGrading $ 2.301.772 C. Embankment Including Structural and Stockpile Fill z $ ' ||. Incidental Construction A. Erosion & Pollution Control $ 85.953 B. Dust Control $ 193.200 C. RaveQebaUon $ 37.450 Ui Storm Drainage A. Nottingham Gulch bu Eagle River $ 613.765 B. Nottingham Gulch Debris Flow Mitigation Facilities (|'7U) ` $ 60.000 C. Roadway and Site Drainage Facilities bu Eagle River $ 1.832.682 D. Stonnwaber& Pollution Control Facilities $ 10.000 |V. Utilities Water A. aber � 1,025,397 . . B. Sanitary Sewer $ 249.742 C. Natural Gas D. Electric (Pmu-Rato2496ofPh s . S6Q 103,669 E. Telephone $ $ ' 40.624 F. Cable TV V . Bridges and Structures � 1 738 8G6 Bridge A. Eagle River Bh . . B. Union Pacific Railroad Bridge $ 673.176 C. Retaining Walls $ 893.253 Vi Street Improvements Including Fine Grading, Sub-Base Materials & Preparation, Concrete Curb &Gutter, yNediona.Cr000pono& Sidewalks, Asphalt Paving, and SignaOe&Striping A. US Highway G $ 232.366 B. Post Boulevard (US Hwy Gto South |'7O Access Line) $ 1.132.766 C. Eog|ebendDhve $ 16.703 O. Nottingham Ranch Road $ 32.737 E. Yoder Avenue $ 343.010 F. Fawcett Road $ 192.943 B. East Beaver Creek Boulevard/Chapel Place (Temporary Connection) $ 320.542 V||, Street Landscaping $ 814.620 VU| Street Lighd $ 98,000 . UOO \X Management and General Conditions $ 1.088.126 TOTAL ESTIMATED COST $ 14.336.393 I Upon completion of 1-70 Security agreements w/ CDoT amount VAII be released. 2 Embankment is in included in Item No. I B above. ESTIMATED COST OF COMPLETION for SUBDIVIDER IMPROVEMENTS I Dry Utilities B. Gas $ 127,862 C. Electric $ 328,285 D. Telephone/Communications $ 303,458 11 Construction Management and General Conditions $ 62,351 TOTAL ESTIMATED COST 821,956 116 NUY. 19. Mj 4:1jM! SJtVHK :: 11Lr ES— C�. LOWREEIVIENT INU. 0007 L THIS AGREEMENT, made and entered into this 7*, day of 1�ia tom_, 2002, by and between Traer Creek LLC, a Colorado limited liability company ( "Traer "), the Town of Vail, Inc. ( "Stewart Title "). Avon, a Colorado municipality, by and through its Council (the "Town "), and Stewart Title of WITNESSETH: WHEREAS, Traer, in connection with the approval of the final plat for The Village (at, Avon) Filing 1, consisting of 176.90 acres in Section 12, T. 5 S., R. 82 W. and Sections 7 and $, T. 5 S., R. 81 W., of the 6th P,X, Town of Avon, Eagle County, Colorado (the "Subdivision'), has entered into a Subdivision Improvements Agreement (the "Improvements Agreement ") with the Town and Traer Creek Metropolitan District, a quasi - municipal corporation and political subdivision of the State of Colorado (the "District'); WHEREAS, pursuant to the Improvements Agreement, Traer has agreed to be responsible for the performance and completion of certain improvements to the Subdivision (the "Improvements ") and has agreed to deposit in escrow certain sums in accordance with th t e erms of the Improvements Agreement; WHEREAS, Stewart Title has agreed to act as escrow agent and to administer the escrow in accordance with the terms of the Improvements Agreement. NOW THEREFORE, in consideration of the following mutual covenants, conditions, and promises, the parties hereby agree as follows: I. Esc ow e o it d C un Upon execution of this Agreement, Traer shall deposit with Stewart Title the sum of Nine Hundred Four Thousand One Hundred Fifty One Dollars and 60/100 ($904,151.60) (the "Escrow Funds "), The Escrow Funds will be held by Stewart Title to assure proper completion of the Improvements and will bear interest at the rate applicable to the account in which the Escrow Funds are held, Stewart Title agrees to hold and administer the Escrow Funds under the terms and conditions of this Agreement and the Improvements Agreement This Agreement may be executed in counterparts and by facsimile signatures; provided, however, facsimile signatures shall be replaced with original signatures as soon thereafter as practicable. 2. _Dribu 'on of Escrow Funds, Upon written notification ( "Notice ") having been received by Stewart Title and executed by authorized representatives of Traer, Catellus Development Corporation, a Delaware Corporation ( "CDC ") and the Town, Stewart Title shall release to Traer the progress payment as described in the Notice from the Escrow Funds; provided, however, if the Town fails to respond to a disbursement request for a progress payment from Traer within 20 days such request will be deemed approved. At the same time Notice is 4367 /traer IVUV, !N. zuv� q: igrivi aItY R 1 11 1Ll Irv, UUU I I . I provided to Stewart Title, Traer will provide notice of the requested disbursement to Comerica Bank - California at the following address: Comerica Bank - California, 611 Anton Blvd., Second Floor, Costa Mesa, California 92626, Attention: Suzanne Ladrido- Coniglio. Stewart Title shall have no independent duty to determine if the Improvements related to such progress payment have indeed been completed and may conclusively rely upon such Notice and may disregard any warnings or notice given to the contrary. Stewart Title shall also have no independent duty to ascertain whether or not the person or persons who have executed the Notice had authority to so execute, except that Stewart Title agrees that only the following individuals are authorized to execute the Notice on behalf of CDC: Gardiner Hammond, Ray C. Pittman, Michael D. Fisk and Ted Antenucci. 3. T-erminatio of Escrow. Upon the completion of all Improvements and warranty periods as set forth in the Improvements Agreement, the Town, Traer and CDC shall each execute a Notice to Stewart Title authorizing Stewart Title to terminate the escrow account and return all Escrow Funds remaining thereunder, together with interest thereon, to Traer. Upon receipt of such completion Notice, Stewart Title will return all Escrow Funds together with interest thereon to Traer. 4. e& l �. In the event that the Town at any time reasonably deems Traer to be in default with respect to any portion of the Improvements due to faulty workmanship and/or materials, the Town shall provide Traer and CDC with written notice of such default and Traer shall have 30 days to cure any such default, in the event that the Town at any time reasonably deems Traer to be in default with respect to any portion of the Improvements due to neglect, as defined below, the Town shall provide Traer with written notice of such default and Traer shall have 30 days to cure any such default, "Neglect" as used herein shall be deemed to mean the failure to commence construction of Improvements as defined in the Improvements Agreement or the failure to pursue completion of the Improvements within the time frame set forth in the Improvements Agreement, Such written notice shall also be delivered to Stewart Title at the time of delivery to Traer and CDC. If, at the end of such notice period, the Town deems by Resolution of the Town Council stating (i) that Traer is in default, and (ii) that the funds are required in order to complete or correct work on the Improvements then the Town shall have the right to unilaterally give Stewart Title written Notice to release to the Town Escrow Funds related to such Improvements. 5. Notic . Any notice required under this Agreement shall be hand delivered to an official officer or representative of the party being notified or may be sent certified or registered mail, return receipt requested, and delivery will be effective three days after posting, to the following addresses: 4367 /tract The Town: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Norm Wood -2- M NOS 1`i- LM 4: I'+rivl J 1 [IVMR I I l I LC Stewart Title: 141 East Meadow Drive Vail, CO 81657 Att: Sandy Capell Traer: William J. Post Traer Creek LLC P.O. Box 640 Vail, CO 81658 0322 East Beaver Creek Blvd. Avon, CO 81620 CDC: Gardiner Hammond 165 South Union Blvd, Suite 852 Lakewood, CO 80228 Copies of all notices to: General Counsel for CDC 201 Mission Street, 2nd Floor San Francisco, CA 94105 6. Liabilityand Indemniif cation. Stewart Title shall not be held liable for any act it may do or omit to do hereunder as escrow agent, while acting in good faith and in the exercise of its own best judgment, and any act done or omitted by it pursuant to the advice ofits own attorney shall be conclusive evidence of such good faith. In consideration of the acceptance of this escrow by Stewart Title, the Town and Traer agree, jointly and severally, for themselves, their heirs, executors, administrators, successors and assigns, and to indemnify and hold it harmless as to any liability by it incurred to any other person or corporation by reason of its having accepted the same, or in connection herewith, and to reimburse it for all its expenses, including, among other things, counsel fees and court costs incurred in connection herewith; and Stewart Title shall have a first and prior lien upon all deposits made hereunder to secure the performance of said agreement of indemnity and the payment of its charges and expenses. 7. 's es. If at any time a dispute shall exist as to the duty of Stewart Title under the terms hereof, the rights to possession, title or proceeds of any item in escrow, or as to any dispute arising between the parties as to any matter under this Agreement, Stewart Title may deposit the Escrow Agreement and items in escrow with the Clerk of the District Court of the County of Eagle, State of Colorado, and may interplead the parties hereto, Upon so depositing such Escrow Agreement and items in escrow and filing its complaint in interpleader, Stewart Title shall be released from all liability under the terms hereof, as to the items so deposited. If 4367 /traer -3- N IN UV, I`i, im:2 4:I4rIVi ;pp �iC""i iliac FAR RU; 3U 42U 181 IN V. V V U / the Court does not provide for reimbursement to Stewart Title for atterncy foes, cots and expenses related to the intexplesdor aatioa out of the baerplead funds, then Stowart Title aball have a claim enforceable by separate action is Court against the puties, jointly Im severally, for said attorney fees, volts and atponscs. These 1wUwtians may be altered, amended, modifled or revoked by writing only. aigned by all of the parties hereto acrd CDC, and approved by Stewart Titic, upon payment of all fees, wets and expms% incident thereto. Q, Bintiit►�Amteetytmt. This Agreement Aall be binding upon and imre to the benellt of the paetics hereto, their heirs, personal representatives, successor's and assigns. 10. Eglib 0l, This Agreement shall be wnswued and ettFotmcd in accordance with the laws of the State of Colorado. 4}67nw zoo'd 490:se zalzeesm TRAER CREEK LLC, a Colorado limited liability Company TOWN OF AVON, a Colorado municipality By= Its: STEWART nTLE of VA1L, INC. By; Its; -4- I. J P; Ug IVUV, I �. LUUJ '?: 14rlvi 1 [Vunn i 1 i LL MAY -07 -2002 TUE 02;12 PM AR LLP *y-ot -tool 14:09 Frwa�TOY OF AV" CotWITY MVBLOPM'NT FAX N0, 3034420191 P. 03 oTO0496149 1-848 P.00t/ocz t -ooe • S wat TWO ,the Cowt does o ft MabaecWO to tie w{�ad ri *140 ' sad l �ite 6 bodes °� of co� 0 by lioe 6�ste sedan ip Cam Spbot the p daD�'' �e b and Mme. � d bY ,�,� � 9ipa by alb of 1 , . g 'i' V ugoa A of au hm, oom wd itac3tl 'ay 9 Ph�� � �° °eve � �� bed of de psi o �� n in sccatdemu�e � �. Thie A e1ss11 be ccsuntpd 10. • ,�� � �vvs of the Ststo of Co�+o>� ; . UA a Colorado li"tj ' - txmP9�1t ?0"�N QF AVON,. Calory a� 9TEWART =U 'vim R'C' 4WAW uVY, 1 7, L V V J V t Lryn1%1 1 t 1 LL vV. VUU7- - the Court does not provide for reimbursement to Stewart Title for attorney fees, costs and expenses related to the interpleader action out of the interplead funds, then Stewart Title shall have a claim enforceable by separate action in Court against the parties, jointly and severally, for said attorney fees, costs and expenses. 8. Amendment and Revocation. These instructions maybe altered, amended, modified or revoked by writing only, signed by all of the parties hereto and CDC, and approved by Stewart Title, upon payment of all fees, costs and expenses incident thereto. 9. Bin,, d eement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 10- Wn orcemeUnn . This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. TRAER CREEK LLC, a Colorado limited liability company By: Its: TOWN OF AVON, a Colorado municipality By: Its: STEWART TITLE OF VAIL, INC. By: .0 VVI 43671rraer 4_ FIRST AMENDMENT TO ESCROW AGREEMENT THIS FIRST AMENDMENT TO ESCROW AGREEMENT (this "First Amendment ") is entered into as of the 911, day of Q)e&arngtk__ , 2003, by and between Traer Creek LLC, a Colorado limited liability company ( "Traer "), Catellus Development Corporation, a Delaware corporation ( "CDC "), the Town of Avon, a Colorado municipality, by and through its Council (the "Town ") and Stewart Title of Vail, Inc. ( "Stewart Title "). Traer, CDC, the Town and Stewart Title are sometimes hereinafter collectively referred to as the "Parties ". RECITALS WHEREAS, Traer, Traer Creek Metropolitan District, a quasi - municipal corporation and political subdivision of the State of Colorado, and the Town entered into a Subdivision Improvements Agreement recorded May 8, 2002 at Reception No. 795008 of the Eagle County, Colorado real property records (the "Improvements Agreement "), providing for the completion of certain improvements for The Village (at Avon); and WHEREAS, pursuant to the Improvements Agreement, Traer agreed to deposit into escrow (the "Escrow ") certain sums to ensure the performance and completion of the terms of the Improvements Agreement; and WHEREAS, Traer, the Town and Stewart Title entered into that certain Escrow Agreement dated May 7, 2002 (the "Escrow Agreement "), establishing the Escrow and describing the rights and obligations of the Parties in connection therewith. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Escrow Agreement; and WHEREAS, on September 18, 2003, EMD Limited Liability Company, a Colorado limited liability company, purchased all of the interest of Catellus Commercial Group, LLC, a Delaware limited liability company ( "CCG "), in and to Traer and Traer Creek -HD LLC, a Colorado limited liability company ( "Traer Creek -HD "). CCG is an affiliate of CDC. As a result of the closing of the purchase and sale of CCG's interest in and to Traer and Traer Creek -HD, neither CCG nor CDC has any remaining ownership interest in The Village (at Avon); and WHEREAS, the Parties desire to amend the Escrow Agreement to delete reference to all of the rights and obligations of CDC described therein. AMENDMENT NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements of the Parties contained in the Escrow Agreement and in this First Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 13064 /traer I . Incorporation of Recitals. The recitals set forth above are incorporated into the operative provisions of this First Amendment. 2. Distribution of Escrow Funds. Notice to Stewart Title to distribute progress payments to Traer from the Escrow Funds shall be executed by authorized representatives of Traer and the Town only. All references to CDC contained in Paragraph 2 of the Escrow Agreement are hereby deleted in their entirety. In addition, Traer shall no longer be required to provide notice of any requested disbursement to Comerica Bank — California. In accordance therewith, the second sentence of Paragraph 2 of the Escrow Agreement is hereby deleted in its entirety. 3. Termination of Escrow. Notice of termination of Escrow shall be provided to Stewart Title by Traer and the Town only. All references to CDC contained in Paragraph 3 of the Escrow Agreement are hereby deleted in their entirety. 4. Default. CDC shall no longer receive Notice of default of the Improvements Agreement by Traer. All references to CDC contained in Paragraph 4 of the Escrow Agreement are hereby deleted in their entirety. 5. Notices. All contact information for CDC contained in Paragraph 5 of the Escrow Agreement is hereby deleted in its entirety. 6. Amendment and Revocation. The consent of CDC shall not be required for any further amendments to the Escrow Agreement. Paragraph 8 of the Escrow Agreement is hereby revised accordingly. 7. Effect of Amendment. Except as herein modified, the Escrow Agreement shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date and year first written above. TRAER CREEK LLC, a Colorado limited liability company agnus Lind lm, Manager TOWN OF AVON, a Colorado municipality B Its: 13064 /traer 2 IV 13064/traer STEWART TITLE OF VAIL, INC. � By: md�� CATELLUSDEVELOPMENT COPRORATION, a Delaware corporation By CATELLUS COMMERCIAL DEVELOPMENT CORPORATION, its Agent By: Its: President R] H, Traer Creek LLC P.O. Box 640 Vail - Colorado 81658 970.949.6776 970.748.8900 Fax April 1, 2005 Mr. Norman A. Wood Town of Avon 400 Benchmark Road Avon, Colorado 81620 Hand Delivered APR 0 12005 Re: Escrow Agreement dated May 7, 2002, between Traer Creek LLC ("Traer Creek'), the Town of Avon (the "Town) and Stewart Title of Vail, Inc. wherein Traer Creek has deposited $904,151.60 (the "Escrow Funds) to assure proper completion of Subdivider Improvements as described in that certain Subdivision Improvements Agreement (the "SIA') between Traer Creek, Traer Creek Metropolitan District and the Town dated November 13, 2001; and First Amendment to Escrow Agreement dated December 9, 2003 (the "Escrow Agreement') Dear Mr. Wood: Pursuant to the terms of the SIA, Traer Creek as the Subdivider is responsible for the performance and completion of certain public improvements, being the Subdivider Improvements (which are listed on Exhibit B to the Escrow Agreement). All such Subdivider Improvements have been completed (the last of which, being the poles that traversed Post Boulevard) and all costs thereon have been paid in full. Accordingly, we have included for execution by you on behalf of the Town a letter addressed to Stewart Title of Vail, Inc. ("Stewart Title") wherein Traer Creek and the Town direct Stewart Title to release the Escrow Funds. MHLjc Enclosures Very truly yours, Traer Creek LLC r I z a RMWIR ---m " - W-M.F zone—W7�Md h 771 rnM —an a g e H Traer rder Creek LLC P.O. Box 640 Vag . Colorado 81658 970.949.6776 970.748.8900 Fax USIMINME Ms. Trudy Matarese Stewart Title of Vail, Inc. 97 Main Street, Suite W201 Edwards, Colorado 81632 Via Fax 970.926.0235 Re: Escrow Agreement dated May 7, 2002, between Traer Creek LLC ("Traer Creek'), the Town of Avon (the "Town') and Stewart Title of Vail, Inc. wherein Traer Creek has deposited $904,151.60 (the "Escrow Funds) to assure proper completion of Subdivider Improvements as described in that certain Subdivision Improvements Agreement between Traer Creek, Traer Creek Metropolitan District and the Town dated November 13, 2001; and First Amendment to Escrow Agreement dated December 9, 2003 (the "Escrow Agreement) Dear Trudy: Traer Creek and the Town hereby request that all remaining Escrow Funds be released to Traer Creek LLC. Very truly yours, Traer Creek LLC By: g2nu�sLi 1holm, Manager Town of Avon M MHLjc Norm Wood, Town Engineer September 30, 2003 Mr. Erik Peterson c/o Catellus Development Corporation P.O. Box 640 Vail, CO. 81658 -0640 �E!/;r// its / d' 1',' " 3799 HIGHWAY 82 • P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945 -5491 • FAX (970) 945 -4081 Re: Completion of Power Line Work within the Village @ Avon Filing 1 Project Dear Erik: The following letter details power line work which has been completed as of this date within the above mentioned project. All of Holy Cross Energy's underground electric facilities specified in the Village @ Avon Filing 1 scope of work have been installed through the core project area, and along Post Boulevard to the north side of the west bound lanes of 1 -70. The electric facilities have been installed and energized within Lots 3 and 4; the new Super Walmart and the Home Depot are now supplied from Holy Cross Energy's distribution system. 1 hope this letter serves your needs. If you have any questions, please feel free to contact me. Sincerely, HOLY CROSS ENERGY Michael A. Mikolic, Engineering Department MM:vw W /0#03- 16188: 55 -70: Village @ Avon Filing 1, 3 Phase UG Mikolic \Peterson2 n A Touchstone Energy' Cooperative ?4• \J E 0 OCT 13 '03 08 =45 FR PSCO LOCATER 303 893 1758 TO 19707488900 P.01i01 iZ�Y,�IIQ 7 r XcelEnemr Energy 1123 W. 3rd Ave. Denver, CO 80223 December 12, 2001 Erik W. Peterson Vice President, Construction Traer Creek LLC (Shipping) 322 E. Beaver Creek Blvd., Avon, CO 81620 (Mailing) PO Box 640, Vail, CO 81658 Dear Mr. Petersen: This letter is sent to confirm that Xcel Energy has completed and accepted the construction of the hig"ressure gas line feeding The Village at Avon project. All ccnstruclion pertaining to the high-pressure gas line was completed in the summer of 2003 and Xcef Energy has received all funds necessary from Mr. Erik Petersen. Thank you, Andreas Lindgren Gas Transmission Engineer Xcel Energy 10 q n ** TOTAL PAGE.01 ** iDEC. 2.2003 2:34PM TCI AVON COLD NO.193 P.2 /2 9 cc:omcast con mt C04 commumicatlom, inc. To whom it may concern They conduit that was put in at the Avon Wal -Mart and Hornedepot project was installed to our satisfaction. We were able to pull the cable through what out any problems. Floyd Salazar Construction Supervisor • 0 24- 11 -03; 3:11PM;US WEST ride the f ht we s� To: Erik Peterson 970- 748-8900 From Scott Carrington, Field Engineer Summit & Eagle Counties CC: Date: November 24, 2003 Re: Yoder Ave Project To Whom It May Concern: / r � % 1, ;9704680672 # Qwest's requirements of the Yoder Ave and Nottingham Ranch Rd construction project have been completed by the contractors working the project. As far as Qwest is concerned, the scope of work required is complete. 0 Engineer's Opinion of Project Conformity Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Shallow Utilities designed _ by Alpine Engineering, Inc. Location: Avon, Colorado I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To the best of my knowledge and belief, based upon site observations by Alpine Engineering, Inc. personnel, along with information provided by others, the constructed improvements on the above referenced project and the materials incorporated therein are in reasonably close conformity with the contract plans, specifications and standards with the exception of the existing overhead utilities at approximate sta. 19 +00 on Post Boulevard. The contract plans, specifications and standards for the project are those presented in The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as approved by the Town of Avon, and subsequent revisions thereto. This opinion of project conformity is limited to those portions of the project designed by Alpine Engineering, Inc. ,. A.. K a By: 10036 PV for Alpine Engineering, Inc. ..w Ap Date: ' ct n <- .r....... Zoo ...... i .............. #� A =4 1 Alpine Engineering, Inc. Engineer's Opinion of Project Conformity Project: The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Shallow Utilities designed by Alpine Engineering, Inc. Location: Avon, Colorado I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To the best of my knowledge and belief, based upon site observations by Alpine Engineering, Inc. personnel, along with information provided by others, the constructed improvements on the above referenced project and the materials incorporated therein are in reasonably close conformity with the contract plans, specifications and. The contract plans, specifications and standards for the project are those presented in The Village (at Avon) Filing 1, Avon, Colorado, Phase 1 Final Plan Submittal - January 23, 2002, as approved by the Town of Avon, and subsequent revisions thereto. This opinion of project conformity is limited to those portions of the project designed by Alpine Engineering, Inc. C—LBy: for Alpine Engineering. Inc. Date: +,-,, s RECEIVED 2005 Community Development 11'I L.- Al l 0 r. To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Direct� Date: April 19, 2005 Re: First Reading of Ordinance 05-03, amendments to Avon Municipal Code- Title 17 (Zoning) Summary: Attached to this memo is an ordinance being forwarded to you for review, discussion, and approval on first reading that proposes amendments to the Town Zoning Code. The changes presented in this Ordinance are the result of several discussions at a staff level about outdated, obsolete or unclear zoning regulations. One particular proposed amendment- the addition of "public benefit" criterion for zoning applications- is largely the result of discussion with both Planning and Zoning Commission and Town Council over several complex zoning application deliberations over the last several years. The proposed amendments have been reviewed by the Community Development Subcommittee, which includes Councilors Ferraro and Sipes as well as the Planning Commission Chairman Chris Evans. At their April 5th, 2005 meeting, The Planning and Zoning Commission recommended approval of these amendments through Resolution 05-03 subject to the modifications as outlined in the strikethrough version of Ordinance 05-03, which is attached for your review. Discussion: At your first reading on April 12, 2005, Council requested clarification on several aspects of the revision. Staff is providing you with a review and discussion of those items as follows: - Section 5: Repealing and reenacting the "Accessory Building" and "Accessory Use" definitions. There was some question as to whether the definitions should remain separate and distinct. The definition is already combined in the Zoning Code Definition section as "Accessory building or use" (17.08.040), and the intention of deleting the two separate definitions found in the supplemental regulations is to refine the existing singular definition for clarity. None of the statements regarding character, incidental use or required approval by the Commission has been altered. Staff and the Town Attorney have reviewed the combined definition and believe it to be acceptable. Section 9: Adding clarity to below grade setbacks that ensures a minimum clearance from road rights-of-way and easements is permitted. To be clear, there is currently no minimum setback below grade and what is being proposed is to define a minimum setback where it is necessary. The building code does not require any minimum below grade setback. The provision to allow below grade foundations or projections (i.e. parking structures) does not override the specific language of the below grade stream setback, which only permits underground utilities in limited instances. Staff does not see a need to require any more restrictive below grade setback to rear or side lot lines or those property boundaries that do not abut a public right of way. This clarification will benefit the design and building community while at the same time be more protective of existing utility easements and right of ways. - Public Benefit Criteria: Though there was little discussion on this criteria outside of the 'strikethrough' version that the Planning & Zoning Commission forwarded to you, we would encourage you to have a discussion of the criteria as proposed and consider the following as part of the discussion: o The new provision, similar to the balance of criteria for zone change review, is not absolute. An application "shall be evaluated" against the criteria. Therefore, an application might be reviewed and evaluated that only meets one of the criteria. Please consider that this criteria is not an absolute determination on any application, but intended to focus a policy discussion on zoning applications. o Is the criteria too broad? If it is made too specific, what is the ramification on the types of applications it is intended to apply to? Are there instances where an application, for example, offers cultural benefits without economic benefits that warrants a changed zoning status? o Staff and the Town Attorney have recommended striking applicability to variances (Section 3 in the previous version). The Planning Commission recommended striking applicability to the remaining zoning applications (SRU, Rezoning) and limiting the criteria for Planned Unit Development (PUD) review only. Applicability of the criteria should be discussed before adopting this ordinance. • Page 2 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments Moreover, Ordinance 05-03 proposes to amend the Avon Municipal Code- Title 17 (Zoning) with respect to the following provisions (in order of the proposed Sections): • Section 1: Adding a "public benefit' criterion to all rezoning, special review uses and variances. The criteria is housed with the 'zone district amendment' general criteria and referenced by each applicable zoning procedure. The criteria will require all zoning applications to evidence that benefits of a specially conferred right (either a rezoning or a special review use, for instance) will create benefits that are equal to or outweigh any potential adverse impacts to the community. • Section 2: Amending the PUD approval criteria to reference the public benefit criteria. • Section 3: Amending the special review use approval criteria to reference the public benefit criteria. • Section 4: Repealing the accessory building or accessory use definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 5: Repealing the Building Area Ratio definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 6: Repealing the height provisions definition from the supplemental regulations. Height definitions were refined in 2004 and we failed to delete this redundant supplemental regulation at the time of the last revision. • Section 7: Repealing the setback provision definition from the supplemental regulations. • Section 8: Readopting the setback provision definition in the Definitions section and adding further clarity for all below grade structure. This is an area that has been ambiguous in interpretation over the years and has caused some confusion. We are still proposing that a minimum separation of at least 10 feet from existing public rights of way and no encroachments into existing easements (for example, if an easement is greater than 10 feet in depth) is permitted. • Section 9: Repealing the "Keeping of House Pets Allowed" definition from the supplemental regulations. Title 6 ("Animals") defines rules and restrictions of house pets and this provision is redundant. Further, the home office and home occupation standards deal directly with the ability to run a commercial pet operation in residential zone districts. • Section 10: Repealing the "Commercial activity in exclusively residential and mobile home park districts prohibited" definition from the supplemental • Page 3 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments regulations. The definition is redundant to zone district regulations and definitions and serves no purpose. • Section 11: Repealing the "Burning of exterior open flame flares or fires prohibited" definition from the supplemental regulations. The definition is redundant to other regulations (Title 8- Health and Safety) and serves no purpose. • Section 12: Repealing the "Signs" definition from the supplemental regulations. The definition is redundant to other regulations (Chapter 28 of Title 15- Sign Code) and serves no purpose. • Section 13: Repealing the "Miscellaneous provisions" from the supplemental regulations. The provisions cited are redundant to those contained in the Design Review Guidelines and in Title 15 (Outdoor Lighting Standards) and serve no purpose. • Section 14: Repealing the Snow Storage definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. The definition is also changed by replacing approval of alternate snow storage (off site or snowmelt) by the Public Works Director, instead granting authority to the Community Development Department. • Section 15: Repealing the Stream Setback definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 16: Repealing the Density Exclusion definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. Recommendation: In anticipation of several major zoning applications we are particularly interested in adopting the public benefit criteria in a timely manner if it still meets the intent of Council policy discussion and deliberation that has been had over the last several years. We would like your feedback and any proposed changes to the Ordinance on first reading, in order to finally adopt this set of Zoning Code revisions at your May 10th 2005 meeting on second reading. We recommend that you deliberate on the proposed revisions, providing staff with any recommended changes while still moving the process forward on first reading. The public hearing for this Ordinance will be held on May 10, 2005. • Page 4 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments Alternatives: The following options are available for action on this ordinance: - Approve on First Reading, setting the Second Reading and public hearing date to May 10, 2005. - Deny on First Reading. - Table on First Reading. Proposed Motion: I move to approve Ordinance 05-03 on first reading, establishing May 10, 2005 as the Public Hearing and Second Reading." Attachments: A. Ordinance 05-03 (Staff Proposed) B. Planning and Zoning Commission (Strikethrough) C. Applicable Zoning Code Sections Resolution 05-03 & Ordinance 05-03 • Page 5 April 26, 2005 Town Council Meeting First Reading Ordinance 05-03, Zoning Code Amendments ORDINANCE NO. 05-03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS, AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is amended by addition of a new Section 17.28.085 to provide as follows: "Zoning applications shall be evaluated for their public benefits with the following specific criteria: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and (2) Approval of the zoning application provides economic, cultural or social long -term community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights; and (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents." Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows: "(12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085" Section 3. Amendment. Section 17.48.040, Chapter 48 of Title 17, Avon Municipal Code, is amended by the addition of a new subsection (4) to provide as follows: "(4) That the granting of the special review use requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085." Section 4. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accessory Building or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy. Approval of the Planning and Zoning Commission and a building permit are required. Accessory buildings and uses shall be permitted in every zone district. Section 5. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building Area Ratio. For the purpose of calculating building area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal projection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage limitations: One -car garage: four hundred (400) square feet maximum Two -car garage: six hundred (600) square feet maximum Garage square footage in excess of these square footages shall be included in building area ratio calculations. Decks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fifty percent (50 %) of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four (4) feet in height, shall not be included in building area ratio calculations. Section 6. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 7. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 8. Amendment. Section 17.08.480, Chapter 08 of Title 17, Avon Municipal Code is amended to provide as follows: "Lot Setback means the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, except that there shall be no restriction on walks and steps. Setback areas shall be open from the ground (finished grade) upward. Encroachments may occur below grade for foundations or other building projections, provided however that there shall be a minimum separation of at least 10 feet from existing public rights of way and no encroachment into easements shall be permitted." Section 9. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 10. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 12. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 13. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 14. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the following: Snow storage is required for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria: (1) An area equal to twenty percent (20 %) of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow- storage area" and not developed in a manner inconsistent with such use. Landscaping shall not be considered to be inconsistent with such use. (2) Any designated snow - storage area shall be not less than six (6) feet wide, shall be adjacent to the impermeable surface area from which the snow is to be removed, shall not be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection (3) of this Section, when such treatment facility is required as a part of the drainage plan. (3) Whenever a treatment facility is required to be installed in association with a snow- storage area, the design of the same shall be approved by the Town Engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum -based liquids and settleable solids. (4) The foregoing requirements for on -site snow - disposal areas may be waived by the reviewing body of the Town upon the demonstration that: a. An appropriate alternative snow - storage site, or on -site snow melt, is available for removal of snow to an offsite location suitable and available for such purpose, meeting with the approval of the Difee+^" of Aibli . W edE Community Development Department; and b. Arrangements for the off -site removal have been made in a manner assuring the continuation of such practice throughout the life of the project. Section 15. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows: "Lot Setback, Stream is defined as a thirty -foot strip of land measured horizontally from the mean annual flood high -water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities may be located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 16. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.08.215 to provide as follows: "Density Exclusion is calculated as follows: (a) Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density those areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and (b) Whenever there is proposed for development a tract of land containing slope in excess of forty percent (40 %), there shall be excluded from the calculation in determining allowable density those areas of the development tract in excess of forty - percent slope, except where such requirement would prevent construction of a single family residence. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the - day of 2005. Ronald C. Wolfe, Mayor Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney FACounci1\0rdinances\2005\0rd 05-03 AMC] 7 Revisions.doc TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 05-03 SERIES OF 2005 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO THE SUPPLEMENTAL ZONING REGULATIONS WHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and WHEREAS, the Planning and Zoning Commission have reviewed the arached revisions ( "Exhibit A ") to Resolution 05 -03 Series of 2005, and held a public hyaring as required by the Avon Municipal Code to review the proposed amendments. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution 05 -03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 5th DAY OF APRIL, 2005 Signe : Date: �(6 Chris Evans, Chair Attest: 1 Date: a ©G Terry Smith, cr tary FAPlanning & Zoning Commission\Resolutions\2005\Res 05 -03 Zoning Text Amendments.doc .(7 ORDINANCE NO. 05 -03 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS, AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT OF SUPPLEMENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Chapter 28 of Title 17, Avon Municipal Code, is amended by addition of a new section 17.28.085 to provide as follows: "All , Planned Unit Development (PUD) applications shall be evaluated for their public benefits with the following specific criteria: (1) The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and (2) Approval of the zoning application provides economic, cultural or social long -term community benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights; and (3) The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the amount of public benefit consistent with the community master plan documents." Section 2. Amendment. Subsection (h) of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph (12) as follows: "(12) That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17.28.085" lie Section 5. Amendment. Section 17.50.010, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accessory Building or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy. Approval of the Planning and Zoning Commission and a building permit are required. Accessory buildings and uses shall be permitted in every zone district. Section 6. Amendment. Section 17.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building Area Ratio. For the purpose of calculating building area ratio, there shall be included that area within the surrounding exterior walls (measured from their exterior surface) of a building or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal projection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage limitations: One -car garage: four hundred (400) square feet maximum Two -car garage: six hundred (600) square feet maximum Garage square footage in excess of these square footages shall be included in building area ratio calculations. Decks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fifty percent (50%) of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four (4) feet in height, shall not be included in building area ratio calculations. Section 7. Repeal. Section 17.50.030, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 8. Repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 9. Amendment. Section 17.08.040, Chapter 08 of Title 17, Avon Municipal Code is amended to provide as follows: "Lot Setback means the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, except that there shall be no restriction on walks and steps. Setback areas shall be open from the ground (finished grade) upward. Encroachments may occur below grade for foundations or other building projections, provided however that there shall be a minimum separation of at least 10 feet from existing public rights of way and no encroachment into easements shall be permitted." Section 10. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Repeal. Section 17.50.060, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 12. Repeal. Section 17.50.070, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 13. Repeal. Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 14. Repeal. Section 17.50.090, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 15. Amendment. Section 17.50.100, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the following: Snow storage is required for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria: (1) An area equal to twenty percent (20 %) of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow- storage area" and not developed in a manner inconsistent with such use. Landscaping shall not be considered to be inconsistent with such use. (2) Any designated snow - storage area shall be not less than six (6) feet wide, shall be adjacent to the impermeable surface area from which the snow is to be removed, shall not be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection (3) of this Section, when such treatment facility is required as a part of the drainage plan. (3) Whenever a treatment facility is required to be installed in association with a snow- storage area, the design of the same shall be approved by the Town Engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum -based liquids and settleable solids. (4) The foregoing requirements for on -site snow - disposal areas may be waived by the reviewing body of the Town upon the demonstration that: a. An appropriate alternative snow - storage site, or on -site snow melt, is available for removal of snow to an offsite location suitable and available for such purpose, meeting with the approval of the D °^*^" of D4he WedE Community Development Department; and b. Arrangements for the off -site removal have been made in a manner assuring the continuation of such practice throughout the life of the project. Section 16. Amendment. Section 17.50.110, Chapter 50 of Title 17, Avon Municipal Code is repealed and reenacted as Section 17.08.505 to provide as follows: "Lot Setback, Stream is defined as a thirty -foot strip of land measured horizontally from the mean annual flood high -water mark on each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erosion protection devices may be constructed thereon. If such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision. Underground utilities may be located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 17. Repeal. Section 17.50.120, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.08.215 to provide as follows: "Density Exclusion is calculated as follows: (a) Whenever there is proposed for development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density those areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and (b) Whenever there is proposed for development a tract of land containing slope in excess of forty percent (40 %), there shall be excluded from the calculation in determining allowable density those areas of the development tract in excess of forty - percent slope, except where such requirement would prevent construction of a single family residence. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the - day of 2005. Ronald C. Wolfe, Mayor Evffrmv Patty McKenny, Town Clerk John W. Dunn, Town Attorney FACounci1\0rdinances\2005\0rd 05-03 AMC 17 Revisions.doc MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: SUBDIVISION REGULATIONS DATE: April 20, 2005 At your last meeting, you asked that an ordinance be prepared which would remove deadlines on council approval of preliminary plans and variances, revise timelines to allow staff more time for review and incorporate into the subdivision regulations conformance with the Town's Comprehensive Plan and other, similar documents including The Village (at Avon) PUD. A proposed ordinance accompanies this memorandum. The following changes have been made (references are to sections of the ordinance): Sections 1. 3 and 8 extend the times for submittal of applications, to allow more time for staff review. Section 1 changes 15 days to 30 days. Section 3 changes 30 days to 60 days to allow time for referrals. Section 8 changes 30 days to 45 days. Section 2. The subdivision regulations currently require that a sketch plan conform with "the master plan." The pertinent section will be amended to change "master plan" to "Comprehensive Goals and Policies" and add additional language which broadens that concept. As you can see, the requirement for sketch plans will be similar to the requirements for preliminary plans. Section 4. Similar language is added for preliminary plan review. Section 5. This is a housekeeping amendment. The time for giving notice is being changed from 5 days to 12 days so as to conform with notice for hearing on zoning amendments. Sections 6 and 9. The several sections which place a deadline on council to approve or deny either a subdivision application or a variance from the subdivision regulations are repealed. Section 7. This is a housekeeping amendment. The subdivision regulations currently make reference to the Design Review Board, rather than the Planning and Zoning Commission. Section 10. The variance part of the subdivision regulations do not provide for a hearing, except in the indirect sense of requiring the Council to grant or deny the application within a particular time period. I have therefore added substantially the same language as is now in place for hearings on applications for preliminary plan review. I am assuming that you will want to give notice of that hearing and conduct it as a quasi-judicial review. That is consistent with the process for variances from the zoning regulations. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 05-05 SERIES OF 2005 AN ORDINANCE AMENDING TITLE 16, MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO APPROVAL OF SUBDIVISIONS OF LAND AND GRANTING OF VARIANCES IN ASSOCIATION THEREWITH BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, iii i'•ti Section 1. Amendment. Section 16.16.010, Chapter 16.16 of Title 16, Avon Municipal Code, is repealed and reenacted to provide as follows: Any person proposing to subdivide land shall submit a sketch plan in the form and manner described in Article lI of this Chapter, together with required supplemental information, to the Town Council at least thirty (30) days prior to the regularly scheduled Town Council meeting at which the applicant wishes sketch plan review. Section 2. Amendment. Subsection (1), Section 16.16.030, Chapter 16.16 of Title 16, Avon Municipal Code, is repealed and reenacted to provide as follows: (1) Whether the sketch plan complies with applicable zoning and takes into consideration: (a) The Comprehensive Plan goals and policies; (b) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan goals and policies reflected in the approval of that Planned Unit Development; and (c) General suitability of the land for development. Section 3. Amendment. Section 16.20.010, Chapter 16.20 of Title 16, Avon Municipal Code, is amended to provide as follows: The subdivider, in compliance with Article II of this Chapter, must submit the preliminary plan of the proposed subdivision with the maps and supporting information required in this Chapter to the Town Council at least sixty (60) days prior to the meeting at which the applicant wishes to be heard. Section 4. Amendment. Section 16.20.040, Chapter 16.20 of Title 16, Avon Municipal Code, is repealed and reenacted to provide as follows: The Town Council shall review the preliminary plan to determine whether the proposed subdivision conforms to applicable zoning and these subdivision regulations and whether it takes into consideration: (1) The Comprehensive Plan goals and policies; (2) For Planned Unit Developments, the relevant Planned Unit Development Master Plan and the Comprehensive Plan goals and policies reflected in the approval of that Planned Unit Development. (3) Physical suitability of lots proposed for subdivision. Section 5. Amendment. Section 16.20.070, Chapter 16.20 of Title 16, Avon Municipal Code, is repealed and reenacted to provide as follows: The Town Council shall hold a public hearing upon any application for preliminary plan approval submitted pursuant to this Chapter. Notice of such hearing shall be sent by first class mail, or delivered personally, at least twelve (12) days prior to the hearing date, to owners of property within three hundred (300) feet of the property in question. Owners of residential condominium units may be served with notice by mailing (or delivering) a copy of the notice to the owners association or its manager. The applicant shall furnish to the Town Clerk the names and addresses of the owners of property within three hundred (300) feet of the property in question. The public hearing and notice requirements hereof may be combined and run concurrently with the public hearing and notice requirements contained in Section 16.44.060 of this Code. Where subdivision approval will be required to implement development in a proposed PUD, a preliminary subdivision plan application must be filed and reviewed concurrently with the PUD application. The public hearing and notice requirements for preliminary subdivision plan approval shall be combined and run concurrently with the PUD public notice and hearing requirements as prescribed I Title 17. Section 6. Repeal. Sections 16.20.080 and 16.20.090, Chapter 16.20 of Title 16, Avon Municipal Code, are repealed. Section 7. Amendment. Section 16.20.120, Chapter 16.20 of Title 16, Avon Municipal Code, is amended to provide as follows: The Town Council may, at its discretion, request that the preliminary plan be reviewed by the Planning and Zoning Commission for specific recommendations. Section 8. Amendment. Subsection (a), Section 16.24.010, Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows: The subdivider shall submit the final plat for all or a portion of an area within an approved preliminary plan to which it must conform, with maps and information as required under Article II of this Chapter, to the Town Clerk at least forty -five (45) days prior to a regularly scheduled meeting. Section 9. Repeal. Sections 16.44.040 and 16.44.050, Chapter 16.44 of Title 16, Avon Municipal Code, are repealed. Section 10. Amendment. Section 16.44.060, Chapter 16.44 of Title 16, Avon Municipal Code, is repealed and reenacted to provide as follows: Ordinance No. 05 -05 Subdivision Regs Page 2 of 3 The Town Council shall hold a public hearing upon any application submitted pursuant to this Chapter. Notice of such hearing shall be sent by first class mail, or delivered personally, at least twelve (12) days prior to the hearing date, to owners of property within three hundred (300) feet of the property in question. Owners of residential condominium units may be served with notice by mailing (or delivering) a copy of the notice to the owners association or its manager. The applicant shall furnish to the Town Clerk the names and addresses of the owners of property within three hundred (300) feet of the property in question. The public hearing and notice requirements hereof may be combined and run concurrently with the public hearing and notice requirements contained in Section 16.20.070 of this Code. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of May, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 10th day of May, 2005. r_74 01ILIn Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ronald C. Wolfe, Mayor Ordinance No. 05-05 Subdivision Regs Page 3 of 3 Iff i' • 1L fli TO: TOWN COUNCIL .e �. RE: QUALIFICATIONS OF MEMBERS OF PLANNING AND ZONING COMMISSION DATE: April 19, 2005 At your last meeting you tabled Ordinance 05 -06 for further work by staff. Brian helpfully volunteered to work on new language to reflect the discussion at that meeting. The ordinance now on your agenda reflects changes suggested by Brian. As you can see, Brian's markup and a final version are included. The ordinance, as revised, meets with my approval and staff approval. Brian did a greatjob! Jwd:ipse ORDINANCE NO. 05 -06 AN ORDINANCE AMENDING CHAPTER 2.16, MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO QUALIFICATIONS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Subsection (d), Section 2.16.030, Chapter 2.16 of Title 2, Avon Municipal Code, is repealed and reenacted to provide as follows: (d) Because of its dual roll as bothq Planning, (�"ornqiisslon and a _ ... ... . ............... ....... . . . . .. ...... . .. . .......... . .......................... ............. . ............... . . . . .................. ........ . ..... .. . .... Design Review Authority, it is recoQnized that a balance in the niernhership, is necessary between the lay community and industyr-iial professionals (Architects. Landsc�l Architects, [.)evdql� andor . C ontractors '). Re --/ ?igpjjqA..gj�c. to... . r ..s r-esdim- in av[e County shall be e1i,-ible for a L L)crh-rnn .ent. but Lit least five members shall be registered electors of the Town of Avon at the time of their appointment to the Commission. App be first to maintain the balance between _ _p:jjt � --- - ... . ... ...... . ... the . .............. . J - I — --------- ---- . . ....... . . - industry.p f �siorials and the lay con.imunity (it is recorninend that a rninirntm.i of - ..... .. . ... .. . .... —"- , Q q -.1--l- - ----- .......... . .. .. . . . ........... . -- . ... ....... ............. ........ . ..... -- .................... . ... - ............... .............. ....... . ..... 2-3 industry i-.).rofessional.s hold positions on the board at all tilnes and that 2 of be designers) and then by the following criteria in de>,cendin ...... � I ) Registered electors of the Town shall be preferred over persons who are not registered electors. (2) Persons who own real property or a business within the Town shall be preferred over persons who do not. (3 )-) Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. Section 2. Amendment. Section 2.16.040, Chapter 2.16 of Title 2, Avon Municipal Code, is amended to provide as follows: A vacancy on the Planning and Zoning Commission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety (90) days or more, resigns or is convicted of a felony. A member of the Commission who ceases to possess the qualifications for office possessed by him or her at the time of his or her appointment, may be permitted to serve until the end of his or her term, provided he or she continues to reside in Eagle County. A member of the Commission may be removed for misconduct, including but not limited to repeated absences from meetings or a violation of the Town's Code of Ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 26th day of April, 2005. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney / / / 1 1'•11 /•1 1 I I. SERIES OF 2005 AN ORDINANCE AMENDING CHAPTER 2.16, MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO QUALIFICATIONS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Subsection (d), Section 2.16.030, Chapter 2.16 of Title 2, Avon Municipal Code, is repealed and reenacted to provide as follows: (d) Because of its dual roll as both a Planning Commission and a Design Review Authority, it is recognized that a balance in the membership is necessary between the lay community and industy professionals (Architects, Landscape Architects, Developers and /or Contractors). Registered electors residing in Eagle County shall be eligible for appointment, but at least five members shall be registered electors of the Town of Avon at the time of their appointment to the Commission. Appointments shall be made first to maintain the balance between industry professionals and the lay community (it is recommend that a minimum of 2 -3 industry professionals hold positions on the board at all times and that 2 of these professionals be designers) and then by the following criteria in descending order; (1) Registered electors of the Town shall be preferred over persons who are not registered electors. (2) Persons who own real property or a business within the Town shall be preferred over persons who do not. (3) Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. Section 2. Amendment. Section 2.16.040, Chapter 2.16 of Title 2, Avon Municipal Code, is amended to provide as follows: A vacancy on the Planning and Zoning Commission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety (90) days or more, resigns or is convicted of a felony. A member of the Commission who ceases to possess the qualifications for office possessed by him or her at the time of his or her appointment, may be permitted to serve until the end of his or her term, provided he or she continues to reside in Eagle County. A member of the Commission may be removed for misconduct, including but not limited to repeated absences from meetings or a violation of the Town's Code of Ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 26th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 10th day of May, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor 0174 0 1&3 Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 10th day of May, 2005. Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ronald C. Wolfe, Mayor Ordinance No. 05-06 P&Z Requirements Page 2 of 2 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 12, 2005 /\ regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road. /\xon. Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order gt5:3O PM. /\ nd| ua|1 was taken and Council nnernbena present were Debbie Buok|ey, Khsti Fernano, K8au McDevitt, /\nny Phillips, Brian Sipes and Tamne Underwood. Also present were Town Manager Larry Bnooks, Town Attorney John OUnn, ASS[. Town KV8O8ge[JaCquie Ha|burnt, Town Clerk Patty K8CKenOy, Finance Director Scott Wright, Police Chief Jeff Layman. Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed. and Community Development Dinector7-anlbi Kadebae well aa members of the press and public. Approval of Agenda Mayor Wolfe commented on the new format of the agenda. He then requested that the following agenda items bemoved: Staff updates from the work session tobe included under Unfinished Business v' Proposed Open space letter to Congressman Udall to Unfinished Business ~' Proclamation [DCitizen Input Councilor Sipes moved to approve the agenda; Councilor Buckley seconded the motion and it passed unanimously. Disclosure of Potential of Conflict of Interest Since the application from the Village (at Avon) had been VVithd[@xvn' there was no need to address the disclosure of potential conflict of interest. Citizen Input Councilor Buckley moved to approve the Proclamation for "Teacher Appreciation Week for May 2005. Councilor Ferraro seconded the DlOtiOO and it passed uD@OinnoUS|y. At this time, representatives from Avon Elementary SChOO| made 8 pFeseDLEdi0O On geOH[8/ iDfOnn@LiOn about the elementary school, its focus on English as e second language program, and other programs offered at the school. The Gore Range Natural Science School Executive Direoior, K88rhien FedUGCh@k, then presented information on @ pilot program the science school would like to introduce into Avon Elementary. The Science School presented its p[og[800iOQ efforts, the proposal for the new program model, and its future plans for growing the school. The Executive Director explained that in order for the new program to be implemented, they are seeking funds. He noted that e Mountain Star Family as donated funds over the next three y8GnS to implement this program. He then asked if the TOVxO of Avon VVoV|d be interested in participating in the funding of this effort, in the amount of $10K. After some further discussion, COUOCi| asked that 8 budget [eGO|UUoO be drafted for the O8Xt meeting; Mayor Wolfe indicated that Council would consider and discuss the proposal further @t that time. Mayor Wolfe read the Proclamation for Teacher Appreciation Week 8t this time. Resolutions Town Engineer Norm Wood presented infOnngt/OD on Resolution No. 05-11, Series of 2005, F!esO|udDO approving Subdivision V8h8OCe and Preliminary P|8D for the Village (at Avon), Filing 4' TOvvO of Avon, Eagle CnUOty, Colorado. He noted that consideration of this Resolution and the public hearing was tabled at the last meeting and noted that since then the applicant has withdrawn the application. Town Manager Larry Brooks asked that the discussion about the VVhkevvaher Park be heard prior to a vote on Resolutions No. 05-15 and 05-18 since those amendments relate to the project. Scott Wright presented R8So|uiiOD NO. 05-14, 88h8s of 2005, F<eg0|udon t0 amend the 2005 Town of Avon Budget, an Amendment to the GeO8nG| Fund Budget related to the K8eLC8|f Road CODUDgeDCy OOODi8s and the new spin bike program. He noted that the bikes would be purchased rather than leased due to constraints in the lease-purchase program with the bank. COUOCi|O[ K8C[)eVitt did not support the $20K contingency for the K8etC@|f Road i0pnJV808Ote and asked that it be [8DlOVed; other council members concurred with him. Councilor K8CO8mitt moved to adopt Resolution NO. 05-15, to @0gOd the 2005 Town of Avon Budget, without the iOC/USiOD Of the $20K contingency funding. Councilor Fe[[8n] SeCODd8d the [DVtiOD and it passed unanimously with @ roll call vote. Town Engineer Norm Wood presented three proposals received in response to the request for qualifications and proposals for conceptual design for 3\8/hiteVv3ter Park Project in Avon. After staff review, it was suggested that the Town accept and approve the proposal from Hydraulic Design Group ("H[}G'') for the base services and the base survey map for a total fee Of$03OO. It was noted that Beaver Creek Resort Company and East West Partners are contributing $2500 in funds 8|OOg with Avon's $2500 c0Dt[ibUbDO. Wood also explained that 8 second expenditure included in ReSO|UtiOO No. 05-15 was one F8(@ied to the re-roofing of the K8UniCip@| Building. This cOS[ was taken out of the General Fund K8aiOt8D8OCe bUdget, but not included in the C|P Fund during the 2OO5 budgeting cycle. Discussion ensued about the R|CD process and when to contract with vv3te[ @iiO[Oeys to submit the xv8terp@[k application. It was noted that in order to file an application some preliminary information vv0u|d be needed and hopefully obtained during the initial stages of HDG's work. Further discussion on the R|C[) application vvOu|d be held with the tOxvO'S attorney and other interested parties in the Dear future. Mayor Pro Tern Underwood O0OVBd [0 approve Resolution NO. 05-15. Series of 2005, Resolution to amend the 2005 Town of Avon Budget, which included amendments for whitewater park design (for design services from HOG) and municipal building FOOf expenditures in the Capital |Dlp[OVenleDtS Fund Budget. CnUOCi|O[ McDevitt seconded the nnVti0O and it passed unanimously with @ PD|| C@|/ vote. Resident TitagBlackwood addressed the COuDd| with regard to the VVhit8VV@tSr P@[k, expressing her concerns about noise and vvhenB the public would aCCeSS the park. AS indicated earlier, this initial work with H[)G will indicate some Of the answers t0 these preliminary questions. T0VVO Engineer Norm Wood presented iOfO[Klad0l pertaining to the 2005 street innprOVeDleD[S. He highlighted the two bids received (E|80 C0nSirUCUOn and B&B) and the improvements to be made. He noted that in researching the automatic pedestrian light system for the Avon Road Cn]SSwa|hS, it has been determined that this upgrade (GS proposed at an earlier meeting) is not cost efficient or effective due t0 some of the initial expense and then maintenance CUS{S. He suggested [e0OViOg that project from the improvements list. If COUDCi/ supported that recommendation, then 8 Ch8Og8 order would be included with the award of the contract that would [educe the amount of the total contract to be|Ovv the amount that was budgeted in 2005. It was noted that the conduit would Sd|| be laid to accommodate whatever upgrades would be agreed upon. Councilor Sipes moved t0 deny F<eSO|UUOO NO. 05-10. Series of 2005, F<eSO|UiiOO to @0BDd the 2005 Town of 8vOD Budget that VVoU|d have increased the 2005 Street Improvements funding in the Capital |Dlp[oVe[D8DtS Fund Budget. Councilor Buckley seconded the motion and it was p8SS8d unanimously with @ [o|| C@|| vote. K8eyVr Pro Tenn Underwood asked that time be dedicated to discuss other lighting Voti0O3 as Soon as possible. COWDCi|Or Sipes moved to 8xv8rd the construction contract to E|GrD Construction including on approval for Change Order No. 1 and neOOoV@| Of the automatic pedestrian light system from the estimate. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 2ufn April 12, 2005 Ordinances TOvvO Attorney John [>UDD presented on second reading C}ndingnC8 y4O. 05-01. Series of 2005, An Ordinance Amending Chapter 5.08 K8uOi[ipg| Code of the TOVVO of Avon, 85 it relates to the Modification Of Licensed Premises and Undue Concentration Licenses. He noted that this |egiG|EdinO addresses requirements for modification Of premises for retail liquor store licenses and nBgu|gUODS to COOSide[ related to undue concentration; the first item was included per the request Of Council at the |8St public hearing for 8 new retail liquor SiO[e license. Adopting this Ordinance would require applicants who have submitted "modification of premises" applications to provide for evidence that the needs of the neighborhood have been met at e public hearing. He explained that after reviewing the Statutes regarding "undue cVOC8n[n3tiVn", which he noted as being very UOC/ear' the new legislation vvoU|d require g review of the current licenses 10 that issued in the either Eagle County or even just the east end of the valley. CoUOCi|O[ McDevitt was not in support of including "undue cnDC8Otr@UoO" in the Town's VndiDaOC8— especially the point addressing the n9t/0 issue; he preferred to delete the entire SSCtiOD. After some discussion about the Town's definition of neighborhood and what that is CO0pG[ed to (per the definition Of "undue concentration"), it was agreed that the paragraph in Section 2 includes "population Of neighborhood" instead Of just "Oeighbo[hOOd" Town Attorney John Dunn preferred to include the section on undue concentration Seeing that it is the most relevant. Further discussion ensued on what to iOC|Ud9 that would better define the popU|8UVO as it describes Avon and revising the fee for the DlOd/fiC@bOn Of premises. [|OUOCi|Or Ferraro moved to approve [>RjiD@OCe NO. 05-01' Series Of 2005, An C)ndiO@Oce Amending Chapter 5.00 K8uDiCipG/ Code of the Town of Avon, as it relates to the K8ndiUoaboO of Licensed Premises and Undue CODCeOL[8bOn Licenses, with a change in the |8Ogu8g8 in Section 2 c /1>[o include ''pOpu|at/OD of neighbOrhOOd" and to include the fee amount of $150 for 8 modification Of premises. Councilor Phillips seconded the 0VUOD and it passed with 8 five tU one vote (Buckley Oa It was [hen realized that the public hearing still needed to be opened. Town Attorney John —Dunn asked Mayor Wolfe tn ask /fthere were any comments from the public; there were DOcomments made. TVvvO /\tt0DlSy John Dunn presented on second reading Ordinance NO. 05-02. Series of 2005, An [}ndiO@OCe Amending Section 10.40.130. K8UOicip@/ Code of the T0VVO of Avon, Relating to Street Names. He noted that this was an amendment b]the Code that further clarifies the criteria to consider when D@DliOg Of streets for /\VOO. The current subdivision regulations include language that o[ipu|abae Council approves street names. He reviewed the changes made from first reading as suggested by Council. Mayor Wolfe opened the public he@hDg. OO comments were made, and the hearing was closed. Councilor Sipes moved to approve [}rd/O3OCe NO. 05-02' Series Of 2005. An Ordinance Amending Section 18.40.130' W1UOiCip8| Code of the Town of Avon, F<8|gdng to Street Names. Councilor Buckley seconded the motion and it passed unanimously with 8 roll call vote. After a brief discussion about changing existing street names, Council asked staff to research the topic for a future discussion at a work session. Community Development Director TG0biK2Ueb presented OO First Reading Ordinance No. 05- 03. Series of 2005. (]ndiO8DCe Amending Title 17' Municipal Code of the Town Of Avon, as it relates to Public Benefit Criteria for all Zoning Applications, and providing for the Reorganization, Repeal and AnneOdnn8Dt of Supplemental Zoning F{egU(@doOS. He noted that this legislation was g result of S8venG| d/SCuSsi0OS at staff level about outdated, ObSO|Gte or unclear zoning negU|abOOS' DlVSt|y just housekeeping issues. He pointed out that one particular proposed amendment was the addition of "public benefit" criterion for zoning applications, which was largely 8 discussion with both Planning and Zoning CO[DrniSSi0n and TVvxD Council over several complex zoning application deliberations over the last several years. He noted that the Community Development subcommittee was supportive Ofthese amendments oSwell. Council made comments on several issues oefollows: Regular Council Meeting Page xvf5 April 12.20O5 ✓ The use of "public benefit" as criteria in the code and where this criterion should be located. ✓ The use of the term "accessory uses vs. accessory building, and the restriction it might create. ✓ The definition of "lot setback" and the allowance of the distance of the encroachments. At this time, Council asked staff to proceed with making some changes and bring back the ordinance for another review at first reading. Councilor Sipes moved to table Ordinance No. 05- 03 until the next meeting with the direction to incorporate some of the discussion that has been held; Mayor Pro Tern Underwood seconded the motion and it passed unanimously with a roll call vote. Senior Planner Eric Heidemann presented on First Reading Ordinance No. 05 -04, An Ordinance Adopting the Updated Zoning Map. He reviewed the types of parcels depicted on the zoning map and noted that the map should reflect all ordinances, resolutions, rezoning and annexations that changed the zoning of property with the Town since 2001 as well as a few technical corrections. Several questions /comments were made related to certain parcels and the description & clarification made on open space for the Town vs. PUDs. Staff commented that it is the department's goal to try to improve upon how the maps look, try to separate some of what is on the current map. Currently the Town relies on Eagle County for its data, which is not always accurate. Mayor Pro Tern Underwood moved to table Ordinance No. 05 -04 until the next meeting and asked staff to incorporate some of the changes discussed. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. It was noted that staff may need more time to update the map and the ordinance would be brought at the appropriate time. Town Attorney John Dunn presented on First Reading Ordinance No. 05 -06, Series of 2005, an Ordinance amending Chapter 2.16, Municipal Code of the Town of Avon, relating to qualifications of members of the Planning and Zoning Commission. Dunn outlined the amendments to the code explaining the intent of each. Comments were made to include in the ordinance the following, 1) Include that person must be a registered Eagle County Elector, 2) Be more specific with regards to the professional qualifications. Discussion ensued over the balance that should be achieved on the Commission with the selection of industry professionals vs. residents. Council asked Councilor Sipes and the Town Attorney continue working on the language. Councilor Ferraro moved to table Ordinance No. 05 -06. Mayor Pro Tem Underwood seconded and the motion passed with a five to one vote (Buckley nay). Councilor McDevitt indicated that he was not concerned about whether or not the members on the Commission were industry professionals. Other Business Town Engineer Norm Wood presented a brief update on the Village at Avon sewer trunk main construction, noting that the work is scheduled to commence on April 15th and be completed by June 15th with a great deal of the work to be done at night. Digging will only happen in the area of Burger King. Signage will be placed around town regarding the project. Community Development Director Tambi Katieb presented an update on the proposals received for the Main Street public improvements. He noted that the Town had received three proposals and the Community Development Subcommittee would be reviewing them in the near future and return with a recommendation to council. Finance Director Scott Wright presented an update to the research conducted on the Comcast PEG Fee. He noted that it appears that the $.50 in 2005 and $.65 in prior years has in fact Regular Council Meeting Page 4 of 5 April 12, 2005 been passed through to Avon subscribers as PEG fees. Con)caat has received these monies and forwarded it to Channel 5. Several questions nsnnoin such an "is the charge in foot a PEG fee per the 1990 franchise" and "can the [|VUOCi| raise additional revenue for capital contributions through the PEG fee if it is 8|[88dy being charged to subscribers". Councilor E]uCh|ey noted that Channel 5 has been nRDeiViOA the monies from CODlC8Gt. Wright noted that the Town should be collecting the money and Channel 5 should be tracking the expenditures as capital costs and reporting that back [0 the Town. Further discussion ensued about the fee amount and length 0f time the fees have been collected. Staff hopes to continue working with Comoget to ensure the all parties adhere to the terms of the franchise agreement. Mayor Pro T80 Underwood and COUOd| members requested that C00C8St present @ historical accounting of the fees collected and paid. Mayor Wolfe asked for Council support VO @ draft letter written OO behalf of the C0uRC/ to Congressman Udall regarding the proposed legislation affecting forest service property in Eagle County. The Meadow Mountain parcel is included as "for sale property" in the legislation. Most of the members preferred that letters on this topic should be written on an individual basis. Unfinished Business Public Works Director Bob Reed presented the Audio /VldeO Proposal which was @ review of the costs associated with the upgrades proposed to the Council Chambers audio / visual system. He noted that the St2tUS of the pOvVe[ to the building in nlaxed out at this time and vvVu|d impact any proposed lighting Ch8Og8S. He reviewed some of the changes tOthe r0On0 Discussion ensued about the process used in selecting some of the vendors. Councilor Buckley moved to proceed with the lighting design proposal; Councilor Sipes seconded and the 0OdVn passed unanimously. Consent Agenda Mayor Wolfe asked for 8 Dl0tiOO on the Consent Agenda below. COUD[j/Or Sipes moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from March 22.2OU5 Regular Council Meeting b. Ba|as Townhouse Assnciadnn, Reimbursement Request Nottingham Road Improvements — Easement Acquisitions There being no further business to come before the Council, the meeting adjourned at 9 PK RESPECTFULLY SUBMITTED: Patty K8cKenny, TOVvO Clerk Debbie Buckley RhstiFenGn} yW8C McDevitt Amy Phillips Brian Sipes T@0[3 Underwood Ron Wolfe Regular Council Meeting April 12, 2005 Page smo