TC Council Packet 10-24-2006TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESD"v0oCTOBER 24, 2006
AvON00UNvCnPAL BUILDING, 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT5:38PO8
1. CALL TO ORDER AND ROLL CALL
2' APPROVAL OFAGENDA
3' DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST
4. CITIZEN AND COMMUNITY INPUT
5 ' OTHER
a . Public Hearing for Outdoor Use of Sound Amplification for Applicant Calvary Chapel Vail Valley
for "Fall Fun Night" OO October 31, 2000. 4 PM — 10 PM (Patty McKenny. Town C|erk, Stephen
Couch, Asst. Pastor)
b. Public Hearing for Town of Avon 2007 Budget (Scott Wright, Finance Director)
6. ORDINANCES
7~ RESOLUTIONS
8. Resolution No. 00-30. Series of 2006, Resolution In Support Of Referendum |: The Co|O[Od0
Domestic Partnership Act (Tamna Underwood, Mayor Pro Tem)
b R8eO|UtiOn 00-40 Series of 2006, Resolution 00-40.88[ieS of 2006, A Resolution Approving the
Final Condominium Map for YNouOigiO Center Condominiums, a ReSVbdiviSiOD of Mountain
Center [}0ndOnli-iUn1 Building and K8�UOt@iD Center Phase 2. -[UxvO of Avon, Eagle (�OUDty.
��
Colorado" (Norm Nottingham Rnmd / tha proposed subdivision will
O|O[8dO" (Norm Wood, Town Engineer)
resubdivide two units and create approximately 11 new units and common elements
cResolution N0 Resolution O8-41. Series 0f �000 Resolution formally commenting on the draft White River
� �{NGUODa| Forest Travel Management Plan and draft Environmental Impact Statement (Matt ~ Comments draft River National Forest Travel Management Plan" with u
pie|sticker. Planner) ommens »» ra p| d
revievvofproposed comments on the draft Travel Management an prepared by the Forest Service.
Public comment period closes October 2G.2OO8
8` NEW BUSINESS
a. Intergovernmental Agreement with Be@V8[ Creek Metropolitan District for Transportation
Services Agreement (Bob Reed. Transit Director) Agreement addressing transportation services from
11/1/06 through 10/31/07 / (Approval requires two-thirds vote in support of agreement)
b . Hazardous Material Recycling (J@CqUi8 Ha\bu[nt. Asst. Town Manager) Eagle-Vail Property
Owners' Association is asking for a `monetary contribution to sponsor a household hazmat collection day
9. UNFINISHED BUSINESS
1Q. TOWN MANAGER REPORT
11' TOWN ATTORNEY REPORT
12. MAYOR REPORT
A. Eagle River Preserve Status & Steering Committee Update
13- FUTURE AGENDA ITEMS: 20O7 BUDGET ADOPTION
Avon Council Meeting. 06.10.24
Page am4
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 24, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT 5:30 PM
14. CONSENT AGENDA
a. Contract with Axia for the "Silver Sneakers" national fitness program for senior citizens (Meryl
Jacobs, Recreation Director)
b. 2006 Street Improvements, Elam Construction, Inc. Change Order 003 - Final Change Order
(Norm Wood, Town Engineer) CO removes bid item for work that was not completed by the contractor
c. Design Services Proposal for Nottingham and Puder Ditch Headgate Improvements - Bishop
Brogden, Inc (Norm Wood, Town Engineer) Improvements to headgate
15. ADJOURNMENT I
Avon Council Meeting,06.10.24
Page 4 of 4
Lomm
To: Mayor & Town Council
Thmm: Larry Brooks, Town Manager
JaSquieHg|bunt. Assistant Town Manager
From: Patty K8cKenOy. Town Clerk
Date: October 17.2OO8
of Ufi d 8 dApplication
Re: Public Hearing for Outdoor Use Summary: h i required on Outdoor Use of Amplified Sound for events that will be using
A public hearing s requx
amplified sound before 9'' OO AK or after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter
5.24' 020A The app|icaieCalvary Chapel Vail Valley & the event is the Fall Fun Night 2006 on
October 3 1aL This even is 4 pn to 10 pm which includes a later venue for the young teen
crowd. The source & nature of the amplified sound / music are speakers to play background music.
Background:
' o safe and scare free alternative for Halloween. The event is
The '"U Fun Night St���d in �OOO a�
run through the Calvary Chapel. It is Free and open 8J the public and oenao many community
The vvorksvi1hthe��pecia|EweO1ocoondinatorand
hgnDi|i���e�a�f�Sw�ntf�rHoUvwo�an� �
has already completed the regular special event permit application. /4 public hearing ia required due
to the amplified sound dmeframe; the public notice was published in the Vail Daily on October 20th
noting the public hearing on October 24.2OOO.
1191 Financial implications:
The applicant has submitted the $25 processing fee for the amplified sound permit & the related fees
with the Recreation Department.
Town Manager Comments
Attachments:
V Application for Outdoor Use of Amplified Sound Equipment
Town of Avon
PO Box 975
Avon, CO 81620
970- 748 -4000
ADMINISTRATIVE PROCEDURES FOR OUTDOOR USE OF AMPLIFIED SOUND EQUIPMENT
(AS OUTLINED IN TOWN OF AVON ORDINANCE NO. 88 -13 BELOW)
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE
AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Title 5 of the Municipal Code of the Town of Avon is amended
by the addition of a Chapter 5.24 as follows:
5.24.010 Permit Required. A. It is unlawful for any person other than an employee of
any local or the state or federal government to install, use or operate outdoors, within the Town,
a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon
any sound truck without a permit obtained pursuant to part B hereof.
B. Application for a permit shall be made to the Town Clerk on forms provided by her.
Such application shall be acted upon by the Town Clerk in accordance with an administrative
procedure which shall be approved by the Town Council by resolution.
5 24 020 Special Permit Required — Public Hearing. A. It is unlawful for any person
other than an employee of any local or the state or federal government to install, use or operate
outdoors in any zone district allowing commercial uses before 8:00 A.M. or after 10:00 P.M. or
in Nottingham Park before 9:00 A.M. or after 8:00 P.M., a loud speaker or sound amplifying
equipment in a fixed or moveable position or mounted upon any sound truck without a permit
obtained pursuant to part B hereof. 0
B. Application for a permit shall be made to the Town Clerk on forms provided by her.
Such application shall be acted upon by the Town Council after public hearing in accordance
with an administrative procedure which shall be approved by the Town Council by resolution
5.24. D30 Prohibited Acts. A. It is unlawful for any person other than an employee of
any local or the state or federal government, whether or not a permit has been obtained, to
install, use or operate outdoors, in any zone district not allowing commercial uses, before 9:00
A.M. or after 8:00 P.M., a loud speaker or sound amplifying equipment in a fixed or moveable
position or mounted upon any sound truck.
B. It is unlawful for any person, whether or not a permit has been obtained, to amplify
any sound other than music or the human voice or a combination thereof.
Section 2. Penalty for Violation. Any person, firm or corporation violating any of the
provisions of this Ordinance shall be deemed guilty of a violation of this Ordinance and any such
person, firm or corporation shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation is committed, continued or permitted, and upon conviction of
any such violation, such persons, firm or corporation shall be punished by a fine of not more than
$500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
Section 3. Severability. If any part, section, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it .
would have passed this Ordinance and each part, section, sub - section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more parts, sections, sub - sections, sentences, clauses
or phrases be declared invalid.
R
a
.i ' Town of Avon
VOAi PO Box 975
l' Avon, CO 81620
C O L O R A 0 0 970- 748 -4000
PERMIT APPLICATION FOR
OUTDOORP USE OF SOUND AMPLIFICATION SYSTEM
1. NAME OF APPLICANT
Li� 1
2. REPRESENTING BUSINESS/ORGANIZATION _
3. ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED - -/
4. TELEPHONE NUMBER Cl) '
z
5. PURPOSE FOR OUTDOOR USE OF SOUND AMPLIFICATION SYSTEM le,01
DATES AND TIMES OF PROPOSED USE
t
7. ATTACH A DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND
AMPLIFICATION EQUIPMENT AND DIRECTION OF SOUND PROJECTION.
SIGNATURE OF
MAILING ADDRESS
DATE
THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURES BELOW. THE
APPLICANT MUST COMPLY WITH CHAPTER 5.24 OF THE AVON MUNICIPAL CODE AS OUTLINED ON THE BACK
OF THIS APPLICATION.
TOWN CLERK
DATE
COMMUNITY DEVELOPMENT
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To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Valerie Barry, Finance Officer
Date:
October 17, 2006
Re:
2007 Proposed Budget
Summary: The Town's 2007 Proposed Budget is available to the Public for comments. The Proposed
General Fund budget shows a surplus of revenues over expenditures for 2007 of $174,743.
Previous Council Action: Previously, the Town Manager presented his recommended budget at
the Council budget retreat held on October 106' and 110'. Subsequent to the budget retreat certain changes were
incorporated into the budget at the request of Council. These changes include $2,000 in appropriations for employee
bus pass benefits, $8,000 for an additional swat team member, and a decrease of $3,538 for the I -70 coalition dues.
Discussion: According to Avon's Charter, a public hearing must be scheduled prior to adoption of the
budget which is scheduled for adoption on November 14, 2006.
Town Manager Comments:
�� .
TOWN OF AVON, COLORADO
RESOLUTION NO. 06-39
Series of 2006
A RESOLUTION IN SUPPORT OF REFERENDUM 1: THE COLORADO DOMESTIC
PARTNERSHIP ACT
WHEREAS, thousands of law-abiding, taxpaying Coloradans are denied basic legal protection
and responsibilities merely because they live in committed, same-sex relationships: and
WHEREAS, committed same-sex couples are not guaranteed the right to visit a partner in the
hospital, direct his or her care in a nursing home, or to leave their property to whom they wish
upon death; and
WHEREAS, gays or lesbians who die without a will are more likely to have their property left to
the government than to their partner, and
WHEREAS, this November, Colorado voters will have the opportunity to approve Referendum I
a registered civil contract between committed same-sex couples; and
WHEREAS, Referendum 1, while not marriage, will provide many, but not all, of the protections
and responsibilities that these couples deserve; and
WHEREAS, the passage of Referendum I will send a strong signal throughout the country about
Colorado's commitment to fairness and equality for all citizens;
NOW THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF
AVON COLORADO, does hereby declare its full public support of, and urge a YES vote on,
Referendum 1: the Colorado Domestic Partnership Act at the General Election on November 7,
2006.
Adopted this 24"' day of October, 2006
TOWN COUNCIL
TOWN OF AVON COLORADO
Ronald C. Wolfe, Mayor
Attest:
Patty McKenny.., Town Clerk
0
Contacts
Sean Duffy, Executive Director
sduffy@fairequal.org
303-860-7325 office
Jody Berger, Communications Director
jberger@co-fairequal.org
303-800-0594 office
303-748-9657 cell
April Valdez, Communications Assistant
avaldez@co-fairequal.org
303-800-0541 office
Coloradans for Fairness is the statewide organization formed to promote the passage of
The Domestic Partnership referendum. Far different from marriage, Domestic
Partnerships are legal commitments formed by same-sex couples.
Regional Field Office Contact Information
Campaign Headquarters Denver Regional Field Office
1888 Sherman Street Suite 570 918 West 8th Avenue
Denver, CO 80203 Denver, CO 80204
Phone: 303-860-7325 Mike Elliott
Fax: 303-860-7328 Phone: 720-259-2364
Boulder Regional Field Office
1725 Walnut Street Suite A
Boulder, CO 80302
Jeff Thormodsgaard
Phone: 303-800-0590
Colorado Springs Regional Field Office
16 North Spruce Street
Colorado Springs, CO 80905
Melissa Horej s
Phone: 719-266-202
Fort Collins Regional Field Office
212 South Mason Street
Fort Collins, CO 80524
Stephanie Gausch
Phone: 970-372-1009
Grand Junction Regional Field Office
102 North 4th Street
Grand Junction, CO 81501
Ashley Nachtrieb
Phone: 970-986-4563
El
1888 Sherman St-, Suite 570 - Denver, CO 80203 - PO Box 1620 - Denver, CO 80201 - (303) 860-7325 - fax (303) 860-7328 - www.FairEqual.org
The Facts on Referendum I
It's not marriage. It's basic legal rights.
Colorado voters will go to the polls this November to consider Referendum I, which was
sent to the ballot by a strong, bipartisan majority of Colorado lawmakers.
The referendum does NOT authorize gay marriage. Rather, it fixes a hole in state law by
clarifying the legal status of committed Colorado couples.
Referendum I simply provides committed couples with basic legal protections and
responsibilities, including the right to visit a partner in the hospital, make medical
decisions for an incapacitated partner, make funeral arrangements, direct nursing home
care and secure basic property and inheritance rights.
It creates a binding, legal agreement between a committed couple to provide the basic
responsibilities they are currently denied.
• Thousands of committed Colorado couples are not guaranteed the ability or
the responsibility to make decisions regarding medical treatment for one
another.
• Thousands of committed Colorado couples are not guaranteed the right to
make funeral arrangements for a deceased partner.
• Thousands of committed couples lack access to heath insurance benefits
through a partner's place of business.
• Referendum I would also help protect children by ensuring that the courts
enforce the responsibility of same -sex partners to pay alimony and child
support.
1888 Sherman St., Suite 570 - Denver, CO 80203 - f 0 Box 1620 - Denver, CO 80201 - (303) 860 -7325 - fax (303) 860 -7328 - vvww.FairEquaLorg
M
Frequently Asked Questions on Referendum I
What does Referendum I do?
Referendum I does NOT authorize gay marriage. It simply creates a binding, legal contract for committed
couples who are currently denied the protections that other couples enjoy. Referendum I provides the
most basic legal rights and responsibilities, such as hospital visitation, freedom to make end -of -life
decisions and the ability to transfer and inherit property.
Why is Referendum I needed?
Our laws are broken. Today, thousands of committed couples lack basic legal protections and
responsibilities. These couples are not guaranteed the right to see each other in the hospital, direct
nursing home care or make funeral arrangements for each other. And there is no provision in the law
enforcing child support payments. Referendum I would bind these couples to their commitments and
hold them accountable to one another and their children.
How is this different than marriage?
Colorado law already defines marriage as being between one man and one woman. Referendum I simply
creates a binding, legal contract that defines the responsibilities and protections for committed same -sex
couples — more like a will than a marriage. More than 1,100 provisions of federal law that apply to
married couples will remain unavailable to same -sex couples. Under Referendum I, same -sex couples
will not receive any tax benefits or Social Security benefits and the relationship will not be recognized by
other states.
Does Referendum I undermine marriage?
Not in the least. Referendum I is not marriage and it does not affect anyone who is married. Referendum
I does not diminish the benefits granted to married couples nor does it discourage anyone from getting
married.
Who is eligible for the benefits and protections granted by Referendum I?
Any couple in Colorado in a committed, same -sex relationship, where both partners are at least 18 years
old, not related to one another and not married or in another Domestic Partnership may apply for a license
at their county clerk's office.
Would other states recognize the relationship created under Referendum I?
No. One of the major differences between marriage and Domestic Partnership is that other states would
NOT be required to recognize couples who register in Colorado.
Does Referendum I respect differences of opinion among people of faith?
Absolutely. Referendum I merely creates a license that will be obtained at county courthouses. The
referendum expressly protects religious freedom.
What if voters approve a constitutional ban on gay marriage?
Because Referendum I creates only civil contracts and not gay marriage, the ban does not affect the
referendum. Referendum I does not change the existing law banning gay marriage in Colorado, nor does
it conflict with Amendment 43.
1888 Sherman St., Suite 570 ® Denver, CO 80203 ® PO Box 1620 ® Denver, CO 80201 ® (303) 860 -7325 a fax (303) 860 -7328 s www.FairEqual.org
0
Why Referendum I does NOT authorize marriage
1. Read the Ballot Title:
Shall there be an amendment to the Colorado Revised Statutes to authorize domestic
partnerships, and, in connection, therewith, enacting the "Colorado Domestic Partnership
Benefits and Responsibilities Act" to extend to same -sex couples in a domestic
partnership the benefits, protections, and responsibilities that are granted by Colorado law
to spouses, providing the conditions under which a license for a domestic partnership
may be issued and the criteria under which a domestic partnership may be dissolved,
making provisions for the implementation of the act, and providing that a domestic
partnership is not a marriage, which consists of the union of one man and one
woman?
2. Read the "Blue Book" produced by the state legislature's nonpartisan research
agency:
"...specifies that domestic partnerships are not marriage and do not change the
public policy of the state, which defines marriage as only the union of one man
and one woman."
3. The legislation that put Referendum I on the ballot, House Bill 06 -1344, says:
• "`Marriage' means the legally recognized union of one man and one woman."
• "The provisions of this article shall not be construed to create a marriage between
the parties to a domestic partnership..."
4. Differences from marriage
• Only married couples can file joint tax returns; Referendum I will not change that.
• Married couples have access to tax deductions; Referendum I will not change that
or grant access to anyone else.
• Marriage licenses have no residency requirement, but Referendum I does. When a
couple that resides in Colorado requests a license under Referendum I, at least one
person must live in the county where they apply.
1888 Sherman St., Suite 570 . Denver, CO 80203 . PO Box 1620 . Denver, CO 80201 ® (303) 860 -7325 ® fax (303) 860 -7328 . www.FairEaual.org
5. Over 1,100 federal laws don't apply
• Married couples benefit from more than 1,100 provisions in federal law;
Referendum I will not change those provisions or extend them to anyone else.
• Married couples have access to Social Security survivor benefits after a spouse's
death; Referendum I will not change or extend that right to anyone else.
• Married couples can take advantage of veterans' discounts based on a spouse's
service in the armed forces; Referendum I will not change that or allow anyone
else to take advantage of those discounts.
• Laws protect married couples from having to sell their homes to pay for their
spouse's nursing home care. Referendum I does not extend this protection to
anyone else.
• When a married person dies, his or her spouse automatically inherits a portion of
that person's savings tax -free; Referendum I will not change or extend that right
to anyone else.
6. No guarantee of portability
• Marriage is portable: no matter how many state lines you cross or foreign
countries you visit, you're still married. When a man and woman are married in
one state it is honored in all 50 states.
• Unlike marriage, Referendum I contains no guarantee of portability — it is a
commitment that is only recognized in the state of Colorado.
Referendum I
It's not marriage. It's basic legal rights.
Shall there be an amendment to the Colorado Revised Statutes to
authorize Domestic Partnerships, and, in connection therewith, enacting
the "Colorado Domestic Partnership Benefits and Responsibilities Act"
to extend to same -sex couples in a Domestic Partnership the benefits,
protections, and responsibilities that are granted by Colorado law to
spouses, providing the conditions under which a license for a Domestic
Partnership may be issued and the criteria under which a Domestic
Partnership may be dissolved, making provisions for implementation of
the act, and providing that a Domestic Partnership is not a Marriage,
which consists of the union of one man and one woman?
1888 Sherman St., Suite 570 - Denver, CO 80203 - PO Box 1620 s Denver, CO 80201 (303) 860 -7325 a fax (303) 860 -7328 ® www.FairEqual.org
� J� L:A I I
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Jeffrey Schneider, Engineer II
Date: October 17, 2006
Re: Resolution No. 06-40 — A Resolution Approving the Final Condominium Map for
Mountain Center Condominiums, A Resubdivision of Mountain Center
Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle
County, Colorado (9 10 Nottingham Road)
Summary: Greg Eldridge, on behalf of ARI Mountain Center, LLC, has submitted an
application for a Final Condominium Map approval for Mountain Center, A Resubdivision of
Mountain Center Condominium Building and Mountain Center Phase 2, Town of Avon,
Eagle County, Colorado, located on Lots 26, 27, and 28, Block 1, Benchmark at Beaver Creek
(910 Nottingham Road). The proposed subdivision will resubdivide two units in the existing
Mountain Center Building and create approximately 11 new units and Limited and General
Common Elements (GCEs).
Resolution 06 -40 (Exhibit 1) approves the proposed Final Condominium Map subject to
completion of Technical Corrections as identified by Staff.
We recommend approval of Resolution No. 06 -40, A Resolution Approving the Final
Condominium Map for the Mountain Center Condominiums, A Resubdivision of Mountain
Center Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle County,
Colorado.
Discussion: The purpose of the proposed subdivision is to establish eleven new
condominium units in Phase II of Mountain Center, and to establish Limited and General
Common Elements as identified on the Condominium Map. The Final Condominium Map is
consistent with the Preliminary Condominium Map that was approved via Resolution 06 -29,
Series of 2006. The submitted Condominium Map is in general conformance with the
requirements set forth in Title 16 of the Avon Municipal Code, Subdivisions, and complies
with the requirements for consideration as a Final Plat.
Financial Implications: There are no financial implications associated with the
granting or denial of this Final Condominium Map.
Recommendation: Approve of Resolution No. 06 -40, A Resolution Approving
the Final Condominium Map for Mountain Center Condominiums, A Resubdivision of
Mountain Center Condominium Building and Mountain Center Phase 11, Town of Avon,
Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 06 -40, A Resolution
Approving the Final Condominium Map for Mountain Center Condominiums, A Resubdivision of
Mountain Center Condominium Building and Mountain Center Phase II, Town of Avon, Eagle
County, Colorado.
Attachments:
Exhibit 1— Resolution No. 06 -40
Exhibit 2 — Final Condominium Map
Town Manager Comments:
C:ADocuments And Settings \NwoodTocal Settings \Temporary Internet Files \OLK23 \Mtncentercondo 06 -40 Final Condo Map Memo2.Doc 2
i
TOWN OF AVON
RESOLUTION NO. 06-40
Series of 2006
A RESOLUTION APPROVING THE FINAL
CONDOMINIUM MAP FOR MOUNTAIN CENTER
CONDOMINUMS, A RESUBDIVISION OF
MOUNTAIN CENTER CONDOMINIUM BUILDING
AND MOUNTAIN CENTER PHASE 2, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Greg Eldridge, on behalf of ARI Mountain Center, LLC, has
applied for Final Condominium Map approval for the Mountain Center Condominiums,
located at 910 Nottingham Road on Lots 26, 27, and 28, Block 1, Benchmark at Beaver
Creek in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.20
of the Avon Municipal Code; and
WHEREAS, the Condominium Map has been reviewed by the Town Staff, and
WHEREAS, the Condominium Map was found to be substantially in
conformance with Title 16 of the Avon Municipal Code; and
WHEREAS, the Final Condominium Map is consistent with the Preliminary
Condominium Map approved under Resolution 06 -29, Series of 2006; and
WHEREAS, the proposed subdivision complies with the requirements for
consideration as a Final Plat.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines
that the Proposed Final Condominium Map for the Mountain Center Condominiums is in
the best interest of the public health, safety and welfare, and other applicable
development laws, regulations and policies of the Town of Avon and hereby approves the
same subject to compliance with the following condition.
1. Completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF OCTOBER, 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
BMBC, Block 1 - Mountain Center Condos, Lots 26 - 28
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VICINITY MAP
GENERAL NCTES:
1) DATE OF SURVEY: AUGUST 29, 2006
2) BEARINGS BASED UPON THE WEST PROPERTY UNE OF LOT 28 BEING N2236'09'W. FOUND MONUMENTS
SHOWN HEREON. (SEE SHEET 2).
3) THE SOLE PURPOSE OF THIS CONDOMINIUM MAP IS TO (1) COMBINE TWO CONDOMINIUM PLATS INTO ONE AND
(2) CREATE THE CONDOMINIUMS UNITS AND THEIR ASSOCIATED LIMITED AND GENERAL COMMON ELEMENTS AS
SHOWN HEREON.
4) EILDRIDGE LAND SURVEYING RELIED ON THE RECORD PLAT, FOUND MONUMENTS. AND TITLE COMMITMENT
NUMBER VC5ODD9383 -7 DATED 1 -03-06 FROM LAND TITLE GUARANTEE FOR BOUNDARY DIMENSIONS.
EASEMENTS AND RIGHT OF WAYS. NO INDEPENDENT TITLE SEARCH WAS COMPLETED BY ELDRIDGE LAND
SURVEYING,
6) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY WITHIN THREE NEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON.
7) MOUNTAIN CENTER CONDOMINIUMS ARE SUBJECT TO THE EASEMENTS, RESERVATIONS AND RESTRICTIONS AS
SHOWN OR RESERVED ON THE PLAT OF BENCHMARK AT BEAVER CREEK, RECORDED SEPT, 5, 1978 IN BOOK 274
AT PAGE 701. UNDER RECEPTION No. 171107 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER.
8) MOUNTAN CENTER CONDOMINIUMS ARE SUBJECT TO EASEMENTS. CONDITIONS, COVENANTS, RESTRICTIONS AND
NOTES ON THE CONDOMINIUM MAP OF MOUNTAIN CENTER CONDOMINIUM BUILDING AS CONTAINED IN INSTRUMENT
RECORDED JANUARY 13, 1998, IN BOOK 477 AT PAGE 6. AND THE MOUNTAIN CENTER - PHASE N RECORDED
JANUARY 10. IN BOOK 632 AT PAGE 27ZA AND ANY AMENDMENTS THERETO.
9) MOUNTAIN CENTER CONDOMINIUMS ARE SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS OF THE
PLANNED UNIT DEVELOPMENT GUIDE RECORDED UNDER RECEPTION NO. r
10) STREET ADDRESSES ARE FOR INFORMATIONAL PURPOSES ONLY. VERIFY CURRENT ADDRESS NTH THE TOWN
OF AVON.
11) ALL UNITED COMMON ELEMENTS SHOWN ON THE PREVIOUS FINAL PLAT, MOUNTAIN CENTER CONDOMINIUMS
BUILDING AND MOUNTAIN CENTER PHASE it ARE HEREBY VACATED BY THIS PLAT.
12) MOUNTAIN CENTER CONDOMINIUMS ARE SUBJECT TO A CONDOMINIUM ASSOCIATION AGREEMENT RECORDED
20.E UNDER RECEPTION N.
SURVEYOR'S CERTIFICAT
i, Greg Eldridge, do hereby certify that I am a Registered Land Surveyor licensed under the
laws of the State of Colorado, that this Plot is true, correct and complete plat of Mountain
Center Condominiums, a Resubdivislon of Mountain Center Condominium Building and
Mountoin Center - Phase 11, Town of Avon, County of Eagle, State of Colorado as laid out,
platted, dedicated and shown hereon, that such plot was mode from on accurate survey of
said property by me and under my supervision and correctly shows that the location and
dimensions of the lots, easements and streets of said subdivision as the =ame are stoked
upon the ground in compliance with applicable regulations governing the subdivision of land.
All monuments are set as required by the Subdivision Regulations of the Town of Avon.
In witness whereof, I have set my hand and seat this __ day of
_ — ---_, A.D., 2006,
Greg Eldridge PLS 30093
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
UNIT
A RESUBDiVISION OF MOUNTAIN CENTER CONDOMINIUM
175E
BUILDING AND MOUNTAIN CENTER PHASE
2
TOWN OF AVON, EAGLE COUNTY , COLORADO
CONDOMINIUM
CERTIFICATION OF DEDICATION AND OWNERSHIP
TOWN CERTIFICATE
Know all men by these presents that ARI Mountain Center LLC. a Colorado Corporation and
This Condominium Map is approved by the Town Council of the Town of Avon, County of Eagle,
State of Colorodo this —_ -- day of —_- AD., 2006 for filing with the Clerk and
US Bank Notional Association being sole owner's In fee simple, mortgage or lienholder of
Recorder of the County of Eagle. Approval of this plot by the Town is a consent only and is
all that reat property described as follows:
not to be construed as on approval of the technical correctness of this plot or any
910 NOTTINGHAM ROAD
documentation relating thereto.
Mountain Center - Phase II, according to the plot recorded February 10, 1944 in Book 632
CONDOMINIUM
at Page 272 and Mountain Center Condominium Building, according to the Condominium
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON TOWN COUNCIL OF THE TOWN OF AVON
Map recorded January 13, 1988 in Book 477 at Page 6 in the office of the Clerk and
CONDOMINIUM
Recorder of Eagle County, Colorado
By;—
2,017 sq It
Mayor
and containing 2.262 acres, more or less has by these presents laid -out, platted and
N•7
subdivided the some into condominium units and their associated limited common and
Attest:
general common elements as shown hereon and designate the some as Mountain Center
_
Town Clerk —
Condominiums, a Resubdividsion of Mountain Center Condominium Building and Mountain
CONDOMNNIUM
Center - Phase 11, Town of Avon. County of Eagle, State of Colorado and dedicate far
N-9
public use the streets shown herein including avenues, drives, boulevards, lanes, courts,
CONDOMINIUM
and alleys to the Town of Avon; and the utility and drainage easements shown hereon for
N-10
utility and drainage purposes only, and to further state that this condominium map sholi
GONDOMNIUM
be subject to the Protective Covenants, filed and recorded for this Condominium Map in
N-11
the Office of the Clerk and Recorder of Eagle County, Colorado, as Reception No.
CONDOM MUM
— --
CERTIFICATE OF TAXES PAID
Executed this ____— day of — -- A.D., 2006.
CONDOMINIUM
910 NOTnNGHIAM ROAD
I, the undersigned, do hereby certify that the entire amount of taxes and ossessments due and
Owner: —�, —,
payable as of —_ upon all parcels of real estate
ARI Mountain Center I.I.C.
described on this plot are paid in full.
4001 Tomiami Trail North
Doted this — —V_ day of — A.D., 2006
Suite 350
&3
Naples, FL 34103 -3555
CONDOMINIUM
STATE OF COLORADO)
Treasurer of Eagle County
SS
CONDOMIMUM
COUNTY OF EAGLE )
S3
The foregoing certificate of Dedication and Ownership was acknowledged
CONDOMINIUM
before me this _ —__— day of ______ - R.D.
&8
2006,
CONDOMINIUM
by -
&7
My commission expires: — ^`__—
TITLE CERTIFICATE
Witness my hand and official seal_
Land Title Guarantee Company does hereby certify that _ has
2,038 sq R
examined the title to all lands shown upon this plot and that title to such lands Is vested
in:
— NOTARY PUBLIC
ARI Mountoin Center LLC., free and clear of oil liens, encumbrances, taxes, and assessments
2,034 sg R
except as follows:
Lienholder.
- - - - -- -- -- - -��
US Bank National Association
Dated this day of _____ —, A.D., 2006
918 17th St.
&11
Denver, CO 80202
Agent ---- �_ —__ -- — --
By-- as --- — of - ------
&1
State of Colorado)
' CONDOMINIUM
ss
County of Eagle)
TOTAL
The foregoing certificate of Dedication and Ownership was acknowledged before
CLERK AND RECORDERS CERTIFICATE
me this — day of A.D 2006, by
G.C.E
- - -as_ of
This plot was filed for record in the Office of the Clerk and Recorder at - - - - -- o'clock__ on this
My commission expires
____ day of r 2006 and is duly recorded at Reception
—__
No.
Witness my hand and official seal.
Clerk and Recorder
Notary Public — — - - - --
By —
Deputy
LAND USE SUMMARY
UNIT
AREA
175E
ADDRESS
N-f
2,051 sq. ti
CONDOMINIUM
8t0 NOrnNGFUM ROAD '..
N-2
2,041 q. It
CONDOMINIUM
91ONOTTINGHAMROAD
N3
1,895 K I1,
CONDOMINIUM
910 NOTTINGHAM ROAD
N4
2,042 sq. f .
CONDOMINIUM
910 NDTTINGIHAM ROAD
N-5
2,057 aq It
CONDOMINIUM
910 NOTTINGHAM ROAD
We
2,017 sq It
CONDOMINIUM
910 NOTTINGHAM ROAD
N•7
2,056 sq ft.
CONDOMINIUM
910 NOTTINGHAM ROAD
N3
2,062 sq It.
CONDOMNNIUM
910 NOrnNOHAM ROAD
N-9
2,063 sq R.
CONDOMINIUM
910 NOTTINGHAM ROAD
N-10
2,065 sq. ft .
GONDOMNIUM
910 NOTTINGHAM ROAD
N-11
2,058 sq. ft.
CONDOM MUM
910 NOTTINGHAM ROAD
W12
2,055 sq. ft.
CONDOMINIUM
910 NOTnNGHIAM ROAD
&1
2,053 so. ft.
CONDOMINIUM
910 NOTTINGHAM ROAD
&2
2057 s4 ft
CONDOMINIUM
910 NOTTINGHAM ROAD
&3
934 sq. ft.
CONDOMINIUM
910 NOTTINGHAM ROAD
Sol
938 %ft.
CONDOMIMUM
910 NOTTINGHW ROAD
S3
2,05494.11,
CONDOMINIUM
910 NOTTINGHAM ROAD
&8
2,058 sq. R.
CONDOMINIUM
910 NOTTINGHAM ROAD
&7
4,031 sq, ft
CONDOMINIUM
910 NOTTINGHAM ROAD
53
2,038 sq R
CONDOMINIUM
910 NOTTINGHAM ROAD
5-9
2,034 sg R
CONDOMINIUM
910 NOTTINGHAM ROAD
&10
2,046 sq. it
CONDOMINIUM
910 NOTTINGHAM ROAD
&11
4,110 sq. it
CONDOMINIUM
9101140T:V:GHAM ROAD
&1
24,341 9q, ft.
' CONDOMINIUM
910 NOTTIN HAM ROAD
TOTAL
73,155 sq. ft._
�..�-
G.C.E
71'859 84 it
COMMON ELEMENT
PARIONG LC.E
960 sq it
LIMITED COMMON ELEMENT
�7
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
A RESUBDIVISION OF MOUNTAIN CENTER CONDOMINIUM
BUILDING AND MOUNTAIN CENTER PHASE 2
TOWN OF AVON, EAGLE COUNTY, COLORADO
GRAPHIC SCALE
IN FEET)
I inch - 20 M
rn
n
10.0Z
FOUND 5/8' REBAR
7.50'
as l
lip
LOT 29
SITE DETAIL
TRACT A
FOUND r REBAR AND
RED PLASTIC CAP
(UNREADABLE)
25' DRAINAGE
EASEMENT <j SET 5/8- RESAR
FOUND 5/6' R7ERAWR g, AND 1.5* ALUMINUM CAP
AND PLASTIC C IVE.
3M3 (Typ') PLS N6 a6 9g
PLS 21
SET IV W.C.
v
LOT 25
FOUND 518' REBAR
AND PLASTIC CAP
PLS 2183
R=4808.78
L- 25.00
D- 017*52"
T -12.50
0ilD=S69'02'52"W
CHL=25.00
SHEET NO.
2
OF 6
fl
O
Ci
v
II
r.
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
A RESUBDIVISION OF MOUNTAIN CENTER CONDOMINIUM
BUILDING AND MOUNTAIN CENTER PHASE 2
TOWN OF AVON, EAGLE COUNTY, COLORADO
BASEMENT LEVEL
uNir 8-1
24,341 sq.ft.
tJ (j2D az
4..0!
24,088 sq. ft..
GRAPHIC SCALE
SHEET NO.
3
LEGEND
. ,I.A'n.
. .............
. _ CANTILEVER/WALKWAY
— — — — — — — — I
— — STORAGE UNIT
INDICATES CHANGE IN FLOOR HEIGHT
INDICATES CHANGE IN FLOOR HEIG"T/DIRECTM
INDICATES HEIGHT OF CEILING ABOVE FLOOR
G.C.E..
COMMON EU14M
L.C.E.
LIMITED COMMON ELEMENT
NOTES:
"ALL WALLS ARE PARAl,1.EL, PERPENDICULAR, OR AT 45' UNLESS
ED OTHMWSE.
2) ALL WALLS ARE 1.0'
THICI( UNLESS OESCMBED OTHERIMSE.
SHEET NO.
3
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
A RESUBDIVISION OF MOUNTAIN CENTER CONDOMINIUM
BUILDING AND MOUNTAIN CENTER PHASE 2
., rn�ti��� n� �unr.ini r^n�Al -TY rn� nQ e 0
FIR T LEVEL
I
V
,
°.r -4- II" 1 (
UNITS S -7
UNITS S-11 ay. UNITS S-10 UNITS S-9 UNITS S -6 u
2 nr ,t 2
,a 2,034 sq. ft.. 2.038 sq. ft.. 4,031 sq. ft..
4,110 sq, ft.. I 2,046 sq. ft..
ar
eo• �
,x
AO•' s
45
ar xa �
L jiz(�
j
e 1
k
m o �
d 6 8 6
- -- -------- ....... ,
11 IVA
1
MATCH UNE
GRAPHIC SCALE
C7R rat)
1 1noD � 10 ft
LEGEND
BUIU=/FWtAATION III
--------- --------- CANTaTwo
--- __ - -___- DECK
_ MOICATES CHANGE N CITING How
X-) INDICATES CHANCE N FLOW HEIG HTf19TECRON
X %' INDICATES HEIGHT OF KElING A W FLOOR
O.C.E.. COMMON ELEMENT '...
LC.E UMITEO COMMON ELEMENT
NOTES.
NOTATED 077#8 OR ALLEL PERPENDICULAR, OR AT 45- UNLESS HOM ON SHEET Z
2) ALL WAf.S ARE 0.Y THICK UNUESS NOTATED OnVrAISE.
SHEET NO.
4
OF 6
I
0.6'
f
{
Q{•
J
0.r
UNIT S -6
UNIT S-5
0.4•
UNIT S -4
�
UNIT S-3
I UNIT S-2
i2
0.6- -
UNIT 5 -t
,2
,2,
i2
ti.
i2.
2.053 sq. ft..
2,058 sq. ft..
2,054 sq. ft..
946 sq. ft-
934 sq. ft..
2,057 sq. ft..
ttiMCATES p1 N
CEILING HpGHT ( TYY.)
es
aW
0.>�
ssaBeC
acc
Q
c
C
e
a
a
a e
'
MAttli L]HE
- -- -------- ....... ,
11 IVA
1
MATCH UNE
GRAPHIC SCALE
C7R rat)
1 1noD � 10 ft
LEGEND
BUIU=/FWtAATION III
--------- --------- CANTaTwo
--- __ - -___- DECK
_ MOICATES CHANGE N CITING How
X-) INDICATES CHANCE N FLOW HEIG HTf19TECRON
X %' INDICATES HEIGHT OF KElING A W FLOOR
O.C.E.. COMMON ELEMENT '...
LC.E UMITEO COMMON ELEMENT
NOTES.
NOTATED 077#8 OR ALLEL PERPENDICULAR, OR AT 45- UNLESS HOM ON SHEET Z
2) ALL WAf.S ARE 0.Y THICK UNUESS NOTATED OnVrAISE.
SHEET NO.
4
OF 6
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
A RESUBDIVISION OF MOUNTAIN CENTER CONDOMINIUM
BUILDING AND MOUNTAIN CENTER PHASE 2
TOWN OF AVON, EAGLE COUNTY , COLORADO
SECOND LEVEL
LEGEND
BUILDINO11FOUNDATION
--------- I ......... CANTILEVER
----- - - - - -- DECK
INDICATES CHANGE IN CEILING HEIGHT
Fx)rl RMCAIES CHANCE IN FLOOR "EMT/OmCT'
(o INDICATES HEIGHT OF CEILING ABOVE FLOOR
Qr-E- COMMON ELEMENT
LQE. LIMITED COMMON ELEMENT
NOTM
1) & ALLa., ONE M
NGT WALLS ARE PAR PERPEIDGUI.M. OR AT 45' UNL
0 OTHERWISE OR SH w 94ET z
2) ALL WALLS ARE 0.7' THM UNLESS NOTATED OTHERWISE.
as
ar
UNITS N-1 2
2,055 s q. ft-
UNITS N-11
2,058 sq. ft..
UNITS N-10
2,065 sq, ft-
UNITS N-9
2,063 sq. ft..
UNITS N-3
2,062 sq. ft..
TS N-7
LIMITS
2.056 sq. ft..
UNITS N-6
2,017 sq. ft..
19
to
to
— to --- ---------------
UNIT N-5
scv
UNIT N-4
UNIT N-3 T N-2
IT N-i
0511 sq. ft..
2,051
2,057 sq. ft,
2,G412 sq, ft..
2UNI
899 sq, ft.. '041 sq. ft..
ED
LEGEND
BUILDINO11FOUNDATION
--------- I ......... CANTILEVER
----- - - - - -- DECK
INDICATES CHANGE IN CEILING HEIGHT
Fx)rl RMCAIES CHANCE IN FLOOR "EMT/OmCT'
(o INDICATES HEIGHT OF CEILING ABOVE FLOOR
Qr-E- COMMON ELEMENT
LQE. LIMITED COMMON ELEMENT
NOTM
1) & ALLa., ONE M
NGT WALLS ARE PAR PERPEIDGUI.M. OR AT 45' UNL
0 OTHERWISE OR SH w 94ET z
2) ALL WALLS ARE 0.7' THM UNLESS NOTATED OTHERWISE.
MEZZANINE LEVEL
19
to
to
— to --- ---------------
UNIT N-5
scv
UNIT N-4
UNIT N-3 T N-2
IT N-i
0511 sq. ft..
2,051
2,057 sq. ft,
2,G412 sq, ft..
2UNI
899 sq, ft.. '041 sq. ft..
ED
nA
d
SHEET NO.
MATCH LAW:
5
OF 6
D
O
D
t�
m
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
A RESUBDIVISION OF MOUNTAIN CENTER CONDOMINIUM
BUILDING AND MOUNTAIN CENTER PHASE 2
TOWN OF AVON, EAGLE COUNTY , COLORADO
CROSS-SECTIONS
UNITS N-11
UNITS S-11 & S-12
SECTION @
SECTION (g)
GRAPHIC SCALE
I i-b - 10
SECTION (A)
SULDING/rOMATM
----- - - - --- DEOC
G.C.E. COMMON ELEMENT
LCZ LIMITED COMMON ELEMENT
NOTES
1) ALL ARE PARALUEL, PERPENDICULAR, OR AT 45, UNLESS
NOTATED OTHERWISE OR SOW ON SHEET Z
2) ALL FLOORS ARE 0.7' THICK UNLESS NOTATED OINOYAM
SHEET NO.
6
OF 6
...... ------------
ac
----
zn
......
an
D7
UNIT N-3
UNIT N-5
UNIT N-4
A
UNIT N-2
UNIT N-1
tl
CONDOMINIUM MAP
MOUNTAIN CENTER CONDOMINIUMS
A RESUBDIVISION OF MOUNTAIN CENTER CONDOMINIUM
BUILDING AND MOUNTAIN CENTER PHASE 2
TOWN OF AVON, EAGLE COUNTY , COLORADO
CROSS-SECTIONS
UNITS N-11
UNITS S-11 & S-12
SECTION @
SECTION (g)
GRAPHIC SCALE
I i-b - 10
SECTION (A)
SULDING/rOMATM
----- - - - --- DEOC
G.C.E. COMMON ELEMENT
LCZ LIMITED COMMON ELEMENT
NOTES
1) ALL ARE PARALUEL, PERPENDICULAR, OR AT 45, UNLESS
NOTATED OTHERWISE OR SOW ON SHEET Z
2) ALL FLOORS ARE 0.7' THICK UNLESS NOTATED OINOYAM
SHEET NO.
6
OF 6
-A Aft =11 0
To. Honorable Mayor and Town Council
Re. Trails Update - Comments on National Forest Draft Travel
Management Plan
Introduction:
HEART pit the VALLEY
C 0 L 0 R A D 0
This Memo is a follow up to the August 8th Open House and October 10th staff update to
Council regarding recreation trails in the Avon area. Based on data collected at the Open
House and a general understanding of trail use by Avon residents, staff has prepared a list
of detailed comments in response to the draft White River National Forest Service Travel
Management Plan for the Holy Cross Ranger District which surrounds Avon. Below, a
summary of the plan and proposed comments are summarized.
Background:
The White River National Forest Travel Management Plan and supported Environmental
Impact Statement attempt to accommodate and balance the needs of the public and forest
managers while at the same time protecting the natural resources of our forest.
The Travel Management Plan is broken down into four distinct "action alternatives". In the
most general terms, the goal of each alternative follows (taken directly from the EIS):
No-Action Alternative B - This alternative considers the minimum actions needed to
bring the forest travel system into compliance with forest plan direction. This alternative
was developed to create a feasible baseline for estimating effects of other alternatives.
Alternative C - This alternative considers optimizing the forest's travel system. It takes
advantage of accommodating recreation for more users where possible. It emphasizes
shared use and optimization of available facilities, thus providing for a greater capacity
for recreation across the forest.
Alternative D - This alternative considers the experience of the recreational user, even
some exclusive use. It emphasizes reducing recreation conflicts among users and
providing a more sustainable program in the long term.
Memo to Town Council, Re: Trails Page 1 of 6
Alternative E - This alternative considers emphasizing natural resource and habitat
values while still considering recreation utilization.
Trail Summary:
Due to the complexity of each alternative and the variety of implications that each presents,
rather than endorsing a specific alternative it was suggested by the Forest Service that the
Town's comments be as detailed and responsive to the plan as possible. As part of the
plan review, staff has based a formal response on input received from property owners and
trail users (collected in the form of a dot voting exercises and questionnaires) at the Open
House.
Of particular interest to residents are the June Creek, Metcalf Creek, and Buck Creek trails.
These three trail heads were targeted as priority for improvements and upgrades. There
was also support expressed for keeping some trails mixed use, while at the same time
minimizing user conflict whenever possible.
Staff's review of the plan narrowed down to a select group of trails/roads immediately
adjacent or within Avon, including: Buck Creek Trail, Metcalf Creek Road, Swift Trail, June
Creek Road, June Creek Spur Road, and Nottingham Ridge Trails. Following is a list of
trails, observations of the plan alternatives for each trail, and recommended comments
based on the implications of each plan alternative.
Buck Creek Trail (USFS #7-2106.1)
Description: This trail extends from a trailhead located on Buck Creek Drive through a
small piece of the Mountain Star Subdivision, following Buck Creek Drainage up to
intersection with Nottingham Ridge Trail. Once at the Nottingham Ridge Trail there are
several options, one being a loop back towards West Vail via the Davos trail connection.
Observations:
• All plan alternatives support non-motorized use for this trail.
• Alternatives B, C, and E propose Mountain Bike, Animal, and Hiking for this
trail, while alternative D prohibits animals and allow Mountain Bikes and Hiking.
• This trail was targeted by Avon residents as a priority at the Open House for
continued use and improvements.
Recommended Comment: "The Town supports the continued mixed non-motorized
use for the Buck Creek (#7-2106.1) trail."
Metcalf Creek Road (USFS #7-779.1)
Description: This road climbs abruptly from Wildridge Road East up to a Forest Service
Gate. The road is mainly two-track and eventually reaches Red and White Road with
several options from Red and White. The Nottingham Ridge trail intersects prior to
hitting Red and White Mountain Road which presents a loop option.
Observations:
Memo to Town Council, Re: Trails Page 2 of 6
• All plan alternatives except for Alternative E support all current uses (i.e. Full size
vehicles, ATV, Motorcycle, Mountain Bike, Animal, Hike).
• Alternative E proposes to decommission this trail due to the following cited
reasons:
1) The route no longer serves the purpose for which it was created, and
2) The route is not needed for administrative or recreation purpose, and
3) Alternative access is available on nearby road or trail.
• This road falls into a "designated motorized area" in all plan alternatives.
• From voting and surveys, Metcalf Creek tied with June Creek as the most used
and important trail to preserve in Town.
• The trailhead for this trail is located in Town owned Tract 1, Wildridge Subdivision,
and was targeted as a priority for parking and improvements.
Recommended Comment:
"The Town values the continued mixed use for Metcalf Creek Road (#7-779.1), and
opposes the decommissioning of said trail proposed in plan Alternative E."
Buck Creek Road (USIFS #7-782.2A)
Description: This is a spur road (two-track) which begins at the last hairpin turn going up
Buck Creek Road and drops and parallels Wildwood Road as it heads over towards
Wildwood Subdivision. This trail ends at the Town's maintenance building in Tract N,
Wildwood Subdivision. There are no formal trailheads for this road/trail. This trail is
recognized as a "system" forest service trail currently.
Observations:
• Alternative B maintains current acceptance of all trail user types except full size
vehicles.
• All other plan alternatives (C, D, E) decommission and close this trail.
Recommended Comment:
"The Town recommends that Buck Creek (#7-782.2A) road be decommissioned and
removed from Forest Service Maps, supporting Alternatives C, D, and E for the following
reasons: 1) The Forest Service does not have jurisdiction, 2) No legal public access is
available, and 3) Alternative access is available on a nearby road and trail."
Swift Trail (USIFS #7N-2106.1 A)
Description: This is a spur trail that connects Buck Creek Road with Buck Creek Trail.
With significant grades this two-track heads up and out of the Cottonwood PUD, through
Tract C of the Benchmark Subdivision where it is zoned Open Space, Drainage, and
Landscaping, and eventually through Tract V of the Mountain Star PUD into the National
Forest. The trail eventually hooks back up with the Buck Creek Trail to the north. This
trail likely started for access to power line construction in the area.
Memo to Town Council, Re: Trails Page 3 of ti
Observations:
• This trail is a "non system" forest service trail and is not on any current Forest
Service maps.
• 'Existing conditions map' recognizes this trail as open to every use except
motorized.
• Alternative B prohibits motorcycle use due to the following reasons: 1) provide
for primitive experience, and 2) historically used for particular recreation.
• Alternatives B, C, and D all add this as a "system" Forest Service Trail and
generally limit any sort of motorized use.
• Alternative E closes and decommissions this trail.
Recommended Comment:
"The Town supports the mixed non-motorized use, Alternatives B, C, & D for the Swift
( #7N- 2106.1 A) Trail, and encourage adding this trail to the USFS inventory of
'system' trails."
Buck Creek Road (USFS #7-782.1) ("Buck Creek Road")
Description* Formerly known as Mountain Star Drive, this shows up on Forest Service
Maps as a'system' road. Starting at the intersection of Nottingham Road, on the maps
this road runs all the way up, past the Mountain Star security gate, and follows
Paintbrush to Tract M, Mountain Star Subdivision. This is the connection point to the
Nottingham Ridge Trail.
Observations:
• This road is in part private and should not show up on Forest Service maps as a
"system" road.
Recommended Comment:
"The Town recommends that Buck Creek Road (#7-782.1.1) be decommissioned and
removed from Forest Service Maps for the following reasons: 1) The Forest Service
does not have jurisdiction, 2) No legal public access is available, and 3) Alternative
access is available on a nearby road and trail."
Nottingham Ridge Trail (USFS #7-2107.1)
Description: This trail was historically used as a pack trail, and connects Metcalf Creek
Road with the Davos Trail in West Vail above Dowd Junction. Mountain Star
subdivision has direct access to this trail with open space parcel (Tract M) at the top of
their subdivision. A portion of this trail runs through Village at Avon property on the
extreme east end of the PUD.
Observations:
• Existing allowed uses include: Mountain Bike, Animal, and Hiking. Alternative B
and D propose keeping current allowed modes of transportation.
Memo to Town Council, Re: Trails Page 4 of 6
• This trail has deteriorated with heavy Motorcycle use in recent years.
• Alternative C closes to Mountain Bikes
e Alternative D allows hiking and mountain bikes, but no animals.
Recommended Comment:
"The Town values the historic significance of the Nottingham Ridge (#7-2107.1) Trail
and the loop options that this trail offers, and recommends keeping mixed use where
possible - including mountain bikes."
June Creek Road (USFS #7-717.1)
Description: This road starts in the Singletree Subdivision and leads up to Red and
White Road. There is a spur off of this Road named 'June Creek Spur' which connects
with the Wildridge Subdivision off of O'Neal Spur Road
Observations:
• Recognized by Avon residents as one of the most popular roads for trail access
and access to Red and White Mountain.
• Road is blocked with boulders by Singletree Property Owners Association.
• All plan alternatives show open to all modes of transportation.
Recommended Comment:
"The Town values the use of June Creek Road (#7-717.1) for recreation and for
emergency egress in the event of wildfire, landslide, or similar catastrophe. The road is
currently obstructed with boulders near the Singletree Subdivision."
June Creek Spur Road (USFS #7-717.1 B)
Description: This is a dirt spur road which begins the cul-de-sac of O'Neal Spur in
Wildridge Subdivision with June Creek Road. There is a swinging gate and limited
areas for parking at the National Forest Boundary / Wildridge Boundary.
Observations:
• All plan alternatives list this short road section as open to Full Size Vehicles.
• According to surveys and dot voting exercise, Wildridge residents value this trail
connection and it is used for all mode types.
General Plan Comments:
In response to the Travel Management Plan, staff also recommends the following general
comments be included in a Resolution forwarded to the United States Forest Service:
1. Emergency egress should be provided for Wildridge Subdivision via June Creek
starting point located in Singletree Subdivision.
Hage 5 OT ti to Town Council, Re: Trails
2. The Town of Avon Municipal Boundaries should be highlighted in yellow and
designated as a "community".
3. Area to the South of Wildridge Subdivision and East of Singletree Subdivision,
also referred to as "West Avon" should be labeled on all plan alternatives as "B:
Emphasized Non-Motorized." This area is currently designated with "A:
Motorized Designated Route."
4. Benchmark Lake Reservoir & Benchmark Lake Dam on all maps should read
"Nottingham Lake".
5. Buck Creek is not labeled with creek symbology.
6. There are other various labels within the Town of Avon that appear to be
inaccurate (ie: Metcalf Ditch, Avon, Avon Siding, Beaver Creek, Eagle Valley,
Nottingham and Puder Ditch). Please consult Town staff.
Recommendation:
Staff recommends approval of Resolution No. 06-41.
Town Manager Comments;
Attachments:
Alternative Maps
Proposed Resolution No. 06-41
Open House Summary
Memo to Town Council, Re: Trails t-age fj OT b
RESOLUTION NO. 06-41
SERIES OF 2006
WIRROXHOKKIA
MANAGEMENT PLAN AND DRAFT ENVIRONMENTAL
IMPACT STATEMENT
WHERAS, the Town Council recognizes and affirms the value of protecting both the
natural environment and the abundant recreational experiences that the White River National
Forest Service offers in light of increased developmental pressures in the area; and
WHEREAS, the Town of Avon's vision is to provide a high quality of life, today and in
the future, for a diversity of people and interests; and to promote their ability to live, work, visit,
and recreate in the community; and
WHEREAS, the Town of Avon recently updated it's Comprehensive Plan in February of
2006, which provides a clear foundation and framework for actions and implementation policies
that will encourage the types of growth envisioned in the Plan; and
WHEREAS, the Town of Avon Comprehensive Plan incorporates the following Goals
and Policies pertinent to the White River National Forest Travel Management Plan:
Policy L1.3: Integrate the Town's recreational trail system with the regional trail
systems (ECO Trails, U.S. Forest Service, and BLM).
Goal L2: Coordinate and collaborate with surrounding jurisdictions and agencies to
develop seamless recreational opportunities.
F.ACounci[\Resolutions\2006\Res 06-41 Comments on Draft Travel Management Plan.doc
Policy L2.1: Participate in travel management planning by the U.S. Forest Service to
ensure that the adequate development and long -term maintenance of trails
and trailheads are meeting the Town's needs.
Goal 1.1: Provide an exceptional system of parks, trails, and recreational programs
to serve the year -round leisure needs of area residents and visitors.
Policy 1.1.5: Coordinate with Eagle County and other government and non - profit
agencies in planning, protecting, and managing public open space, and in
providing access and linkage opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO that the Town Council respectfully request that the United
States Forest service hereby accept the following comments on the drat White River National
Forest Travel Management Plan and associated Environmental Impact Statement:
1. Emergency egress should be provided for Wildridge Subdivision via June Creek
starting point located in Singletree Subdivision. Access for full sized vehicles should
be recognized for safety and for Wildfire Mitigation and response.
2. The Town of Avon Municipal Boundaries should be highlighted in yellow and
designated as a "community ".
3. Area to the South of Wildridge Subdivision and East of Singletree Subdivision, also
referred to as "West Avon" should be labeled on all plan alternatives as "B:
Emphasized Non - Motorized." This area is currently designated with "A: Designated
Route."
4. The Town supports the continued mixed non - motorized use for the Buck Creek ( #7-
2106.1) trail
5. The Town values the continued mixed use for Metcalf Creek Road ( #7- 779.1), and
opposes the decommissioning of said trail proposed in plan Alternative E.
6. The Town recommends that Buck Creek ( #7- 782.2A) road be decommissioned and
removed from Forest Service Maps, supporting Alternatives C, D, and E for the
following reasons: 1) The Forest Service does not have jurisdiction, 2) No legal
public access is available, and 3) Alternative access is available on a nearby road and
trail.
7. The Town supports the mixed non - motorized use for the Swift (#7N-2106. IA) trail.
8. The Town recommends that Buck Creek ( #7- 782.1) road be decommissioned and
removed from Forest Service Maps for the following reasons: 1) The Forest Service
does not have jurisdiction, 2) No legal public access is available, and 3) Alternative
access is available on a nearby road and trail.
FACouncil\Kesolutions\2006\Res 06-41 Comments on Draft Travel Management Plan.doc
9. The Town values the historic significance of the Nottingham Ridge ( #7- 2107.1) Trail
and the loop options that this trail offers, and recommend keeping mixed use where
possible - including mountain bikes.
10. The Town of Avon values the use of June Creek Road ( #7- 717.1) for recreation and
for emergency egress in the event of wildfire, landslide, or similar catastrophe. The
road is currently obstructed with boulders near the Singletree Subdivision.
11. Benchmark Lake Reservoir & Benchmark Lake Dam on all maps should read
"Nottingham Lake ".
12. Buck Creek is not labeled with creek symbology.
13. There are other various labels within the Town of Avon that don't appear to be
accurate (ie: Metcalf Ditch, Avon, Avon Siding, Beaver Creek, Eagle Valley,
Nottingham and Puder Ditch). Please consult Town staff.
ADOPTED THIS DAY OF , 2006.
ATTEST:
Town Clerk
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
F. \Council\Resolutions\2006\Res 06 -41 Comments on Draft Travel Management Plan.doc
F• \Council\Resolutions\2006\Res 06 -41 Comments on Draft Travel Management Plan.doc
Existing Condition
White River National Forest
Proposed Travel Management Plan
Draft Environmental Impact Statement
2006
Legend
F.11-S—Vah,des
ATVs
Mt.'wd-
M-1- Bikes
Hfling/H.nres & PaokAn...1.
Forest & D.1nt G.iind.n.s
C.—troes
Lakes, Rivers, & Ponds
National Forest Lands
Wide,—
Non-NFS Lands
EA.—I
NOTICE: Ttllz «tl+s la P Me aM myatives`+�n tlM1h anviro�nrmenra+lmpact
so purpose P Y+rg
mreabnt. Na«snoc represemue corraaty ava ++anr roses or trmK,
aor tlo•s a represeae currem mmmgemera resa+n+oas. va +s map snouw
ate'
Summer - Alternative B
White River National Forest
Proposed Travel Management Plan
Draft Environmental Impact Statement
2006
Area Strategy Legend
A - Motorized Designated Routes
8 - Emphasizes Non - Motorized
C - Non - Motorized
D - Non - Motorized /Non- Mechanized
E - Ski Area
Legend
- wn -Sue ven+dea
AlVa
`^+^ Motorcydes
Mountain Ekes
- - -- HikinglHoraes & Pack Animals
Ar Strategy (see separate legend)
Dlstnot Boundaries
commun'ees
Lakes, Rivers, & Ponds
National Forest Lands
Wdemass
Non -NFS Lands
internal
NoflCe - mapwasprotlucetl by McI18tM- Forest $ervka fw the
wb purpose oftlieptayfng be aaematives in tbh eavironmen[al impaN
c Haws not npmseM the wrtentty availabb roses or Vaiiz,
or tloes areprn rrem managem restrictmnz.-k map sh
be asea for anY oniM1agrountl activMaa - always <aeck wsm yououltl
.at mcal range statlon fw current wnaitloaz ana restrictbns.
Summer - Alternative C
White River National Forest
Proposed Travel Management Plan
Draft Environmental Impact Statement
2008
Area Strategy Legend
A - Motorized Designated Routes
8 - Emphasizes Non - Motorized
C - Non - Motorized
D - Non - Motodzed /Non- Mechanized
E - Ski Area
GG0
0 e5 15
Legend
FO -Sae Vehicles
ATVs
Motorcydes
— Mountain Bikes
-- - Hiking(HOrses &Pack Animals
i Area Strategy (see separate legend)
.may Dismal Boundaries
communitkes
Lakes. Rivers, & Ponds
National Forest Lards
Widemess
Non -NFS Lands
—'. EA.—I
HOt1OE: Tkis map was protlacM EyfM1S USDA -Forest SSrokat...'
sokts rpiu ar tlispiaymg iM1S aMe mksm4onmmtai Mpact
tt tloes not mpraseM tM currently evailaEle reatls or treiis,
R ropuunt <artaM mm�agemeM restncdons. ThK map.
do
KM for any oMM1egrountl attWmu - always check wind
om�.yo.ur '
aaeer season ror <urrem ooaainons sae reatdaron :.
Summer - Alternative D
White River National Forest
Proposed Travel Management Plan
Draft Environmental Impact Statement
2006
Area Strategy Legend
A - Motorized Designated Routes
B - Emphasizes Non - Motorized
C - Non - Motorized
D - Non - Motorized /Non- Mechanized
E - Ski Area
Legend
— FWJi Size Vehicles
—`— ANs
�— Motoroydes
Mountain Bikes
- - Hiking/HOrses & Pack Animals
Area Strategy (see separate legend)
Detod Bounden.
NiDcommi,nities
Lakes, Rivers.& Ponds
National Forest Lands
widarnese
Non -NFS Lands
__ External
u» molt` a ei wavir"re` me ace°ire'nya�uvse.� ups �`:iro�nn»v» ai i nan
nt. ntl «s not resmsem the «rremry avananm macs or crane,
or tloss n repres meM mmagement restrictions. This map zhoeitl
o[ be saeG tot any on- Me�prountl activilles- always cnxk with your
i«ai ranee. swoon tw �urrenc «nmtwnz mtl maviakns.
Summer - Alternative E
White River National Forest
Proposed Travel Management Plan
Draft Environmental Impact Statement
2006
Area Strategy Legend
A - Motorized Designated Routes
8 - Emphasizes Non- Motorized
C - Non - Motorized
D - Non - Motorized /Non - Mechanized
E - Ski Area
� 24 cco
0 05 5
Legend
- Full -S¢e Vehicles
�. Motorcycles '..,.
- Mountain Bikes '..
- --" Hiking /Horses & Pack Animals '..
I.^�9 Area Strategy (see separate legend)
District Bountlades
comm�nnie:
Lakes, Rivers. & Ponds
National Forest Lands
Midemess
Non -NFS Lands
Ekternal
1
�j
e
A
k^�:`
a a
V
i a
e
s".at t
.�t
e
a
.'
MW
s 2,
42
r
a L ,
t
k
k
x
k
�
.�f
w �Gx"ra fi
V/i
a a
w
Men
yJ'�
,A
+..... =:.�.r
_
B,
kK
u» molt` a ei wavir"re` me ace°ire'nya�uvse.� ups �`:iro�nn»v» ai i nan
nt. ntl «s not resmsem the «rremry avananm macs or crane,
or tloss n repres meM mmagement restrictions. This map zhoeitl
o[ be saeG tot any on- Me�prountl activilles- always cnxk with your
i«ai ranee. swoon tw �urrenc «nmtwnz mtl maviakns.
Summer - Alternative E
White River National Forest
Proposed Travel Management Plan
Draft Environmental Impact Statement
2006
Area Strategy Legend
A - Motorized Designated Routes
8 - Emphasizes Non- Motorized
C - Non - Motorized
D - Non - Motorized /Non - Mechanized
E - Ski Area
� 24 cco
0 05 5
Legend
- Full -S¢e Vehicles
�. Motorcycles '..,.
- Mountain Bikes '..
- --" Hiking /Horses & Pack Animals '..
I.^�9 Area Strategy (see separate legend)
District Bountlades
comm�nnie:
Lakes, Rivers. & Ponds
National Forest Lands
Midemess
Non -NFS Lands
Ekternal
Trails Open House Summary
August 8, 2006
Trail Priority- Dot Voting
Votes
1) June Creek
18
2) Metcalf Creek
18
3) Buck Creek
16
4) Beaver Creek Point
10
5) Saddle-Ridge Loop Access
6
6) Nottingham Ridge Trail
3
7) Wildridge Park - Tract D
3
8) Nottingham Road Trail
2
9) Buffalo Ridge/Swift Gulch
1
10) O'Neal Spur (private)
0
Use Priority- Dot Voting
Votes
1) Walking & Hiking
23
2) Mountain Biking
13
3) Pet Walking
8
4) Motorcycle
6
5) 4x4 Jeep
5
6) Snowshoeing
3
7) ATV
3
8) Running
2
9) Snowmobiling
1
10) Horse
0
October 10, 2006 Town Council Update Avon Trails
Questionnaire Result Summary (28 received)
1) What trail(s) would be most important to preserve in Avon?
June Creek -
11
Metcalf Creek -
9
Buck Creek -
7
BC Point/Saddleridge Loop -
4
All -
4
Wildridge to Nottingham Rd -
3
Nottingham Road to Singletree -
2
Nottingham Ridge Trail -
2
On Road Path upper WR Roads -
1
2) Should Avon trails be non - motorized?
Yes - 14
No- 8
Limited Mixed -Use - 7
3) There are limited trailheads with parking: Swift Gulch Road & Buck
Creek on Mountain Star Drive. What other trail head(s) should be
established or improved?
June Creek -
9
Don't Know -
7
Metcalf Creek -
4 *w /snowmobile parking
None -
4
Beaver Creek Point -
3
Nottingham Rd -
2
Metcalf Road @ hairpin turn -
1
4) What is the major issue you see facing the management of Avon Trails?
User ship conflict - 17
Erosion - 8
Public /Private interfaces - 6
Wildlife or seasonal closures - 2
5) How do you primarily use the trails in Avon?
Walking & Hiking -
18
Cycling -
10
Pet Walking -
7
Motorized use -
7
Running -
1
October 10, 2006 Town Council Update Avon Trails
6) Would you like to see overnight parking areas?
M
EEO
Yes - 7
*June creek
*Overnight for hiking trails
7) Would you be willing to help police /manage the future Wildridge Trail
System?
Yes - 20
No- 6
Not Sure - 2
8) Do you prefer single -track trails or double -track trails?
Single -track - 19
Double -track - 6
9) Are you willing to volunteer your time to help re -veg erosion areas
and create /maintain the trail system?
Yes -
No-
Possibly -
22
3
3
October 10, 2006 Town Council Update Avon Trails
To: The Honorable Mayor and Town Council
From: Jane Burden, Transportation
Thru: Larry Brooks, Town Manager
Date: October, 2006
Re: Intergovernmental Agreement for Transportation Services
Summary:
Attached is a the First Amendment to the Intergovernmental agreement between
Beaver Creek Metro District and The Town of Avon for Transportation Services
from November 1, 2006 ending October 31, 2007. This agreement covers the
"Free Parking Lot scheduled bus service and Special Event Bus Service." This
intergovernmental agreement covers areas of obligation for The Town of Avon
that include: System Operation, Promotion of Beaver Creek Landing, Licensing,
Rules and Regulations, Maintenance, Personnel, Bookkeeping and Office
Management, Incident Reporting and Types of Buses used. The agreement
covers areas of obligation for Beaver Creek Metro District which include:
Vehicles and Equipment, Advertising, Compensation, Incentive Program and
System Policy and Standards.
Previous Council Action:
The Town of Avon has entered into intergovernmental contracts with Beaver
Creek Metro District for Parking Lot Bus Service for a number of years. Council
has approved consecutive yearly agreements.
Background:
Over the years as Beaver Creek has grown as a destination ski resort, this joint
agreement provides quick, free access to Beaver Creek Mountain for skiers,
guests/visitors and employees on a system operated by Town of Avon and its
employees with Beaver Creek Metro District providing the vehicles.
Discussion:
This annual agreement for "Free Parking Lot Service" as well as various special
event services from November 1, 2006 ending October 31, 2007 is the same as
last years agreement.
Financial Implications:
This agreement provides compensation to The Town of Avon for all services provided.
I
Recommendation:
Approve the request by Beaver Creek Metro District for The Town of Avon to
provide Transportation Services commencing on November 1, 2006 and ending
October 31,2007.
Town Manager Comments:
a
FIRST AMENDMENT
INTERGOVERNMENTAL AGREEMENT
FOR
TRANSPORTATION SERVICES
This First Amendment to Intergovernmental Agreement for Transportation
Services ( "First Amendment "), dated to be effective November 1, 2006, is entered into
by and between Beaver Creek Metropolitan District, a quasi- municipal corporation and
political subdivision of the State of Colorado ( "District ") and the Town of Avon, a
municipal corporation of the State of Colorado ( "TOA ").
RECITALS
WHEREAS, effective November 1, 2005, the District and TOA entered into an
Intergovernmental Agreement for Transportation Services (the "Transportation Services
Agreement ") whereby TOA agreed to operate and maintain a transportation system
known as the "Free Parking Lot Service ", as well as various charter and special event,
services (collectively, the "System "); and
WHEREAS, it is the Parties desire to amend the Transportation Services
Agreement by changing certain exhibits to said Agreement, as more particularly set forth
below.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants, conditions and
agreements set forth herein, TOA and District agree as follows:
1. Change of Exhibits. As of November 1, 2006, Exhibits A, B. and C are
hereby deleted in their entirety from the Transportation Services Agreement, and new
Exhibits A, B, and C dated November 1, 2006 as attached to this First Amendment are
hereby substituted in their place and incorporated herein by this reference.
2. Conflict. In the event of a conflict between the Transportation Services
Agreement and this First Amendment, this First Amendment shall control.
3. Effective Date. This Amendment shall be effective as of November 1,
li.
GAChents\Beaver Creek Metro\Agreements \1st Amend to Avon
IGA for Transp. 082806.DOC
N
4. Reaffirmation of Agreement. Upon execution by all the parties hereto,
the Transportation Services Agreement, as amended by this First Amendment, shall
remain in full force and effect.
5. Counterparts. This First Amendment may be executed in counterparts,
each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the respective dates set forth below to be effective as of the date first above written.
BEAVER CREEK METROPOLITAN DISTRICT
By:
President
ATTEST:
By:
Secretary
Date:
TOWN OF AVON, a municipal corporation
IS
ATTEST:
By:
Town Clerk
Date:
Mayor
P)
EXHIBIT "A"
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ( "District ") and the Town of Avon ( "TOA ") dated to be effective
November 1, 2006)
Beaver Creek Parking Lot Bus Service
Fleet List
VEN. #
VIN #
DESCRIPTION
Replacement
Pending
Low -floor diesel bus—
Replacement
Pending
Low -floor diesel bus
646
1Z9B6DTS55W216146
Low -floor diesel bus
647
1 Z9B6DTS55W216147
Low -floor diesel bus
648
1Z9B6DTS55W216148
Low -floor diesel bus
649
1Z9136DTS55W216149
Low -floor diesel bus
851
1Z913513SS34W216251
Low -floor diesel bus
852
1Z913513SS54W216252
Low -floor diesel bus
839
15GCD2016T1087492
Diesel bus
840
15GCD2012T1087493
Diesel bus
841
15GCD2014T1087494
Diesel bus
842
15GCD2016T1087495
Diesel bus
843
15GCD2016T1087496
Diesel bus
848
15GCD2016T1087501
Diesel bus
Replacement I
Pending
30-pax gasoline bus
Replacement
Pendin
30-pax gasoline bus
544
1 G13J5V1 E1 5F502344
30-pax gasoline bus
555
1 GBJ5V1 E75F502655
_30-pax gasoline bus
564
1GBJ5V1EX5F502164
30-pax gasoline bus
I
EXHIBIT "B" Page 1 of 2
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ( "District ") and the Town of Avon ( "TOA ") dated to be effective
November 1, 2006)
Incentive Program
1. Criteria to Establish Performance. BCMD shall evaluate TOA's performances with respect to the
following criteria based upon a survey of patrons conducted periodically at BCMD's expense by
the Transportation Coordinator or by a mutually acceptable third -party consultant (including RRC
Associates) selected by but unaffiliated with BCMD.
a) ' TOA's fixed -route response times known hereafter as Route Times
b) Professionalism and courtesy of TOA's drivers, which must be rated good or excellent.
c) Overall Service levels and performance as rated in the survey.
The score will be determined on a monthly basis using the following formula: Fixed Route Percentage +
Professionalism Percentage + Overall Service Percentage = Score
Fixed Route Percentage means the percentage of time that the route times are met and on -time service is
experienced at bus stops. The weight is 33 %. By way of example, (i) if on -time fixed -route service is
experienced 82% of the time, then the Fixed Route Percentage = .82 x .33 = .271, and (ii) if on -time
fixed -route service is experienced 97% of the time, then the Fixed Route Percentage = .9 x .33 = .297.
Professionalism and Courtesy Percentage means the percentage of time that the drivers are rated good or
excellent with respect to courtesy and professionalism. The weight is 33 %. By way of example, if
drivers are rated good or excellent by 65% of the patrons, the Professionalism Percentage = .65 x .33 =
.215.
Overall Service Percentage means the rating of the current service on a scale from 1 to 5 with respect to
overall service and performance. The weight is 33 %. By way of example, (i) if the current service
receives an average rating of 90 %, then the Overall Service Percentage for that month is .9 x .33 = .297,
and (ii) if the current service receives an average rating of 79 %, then the Overall Service Percentage for
that month is .79 x .33 = .261.
2. Payment ApRlication. TOA shall pay any incentive bonus received by TOA to those drivers, and
other Iine level employees who worked with guests during the period applicable to such bonus, in
the form of bonuses actually rewarding the employees responsible for achieving the System
Policy and standards.
R
EXMBIT "B" Page 2 of 2
Monthly
Bonus/Deficiency
payment
L Amount
Score
Jury
February
March
April
May
Jame
July
August
September October
November December Total
0.9
3000
3000
3000
2000
1000
1000
1000
1000
1000
1000
2000
3000 522,000
0.89
2786
2786
2786
1857
929
929
929
929
929
929
1657
2786
0.68
2571
2571
2571
1714
857
857
857
857
857
857
1714
2571
0.87
2357
2357
2357
1571
786
786
786
786
766
786
1571
2357
0.86
2143
2143
2143
1429
714
714
714
714
714
714
1429
2143
US
1929
1929
1929
1286
643
643
643
643
643
643
1286
1929
0.84
1714
1714
1714
1143
571
$71
571
571
571
571
1143
1714
0.83
1500
1500
1500
1000
Sat
500
500
500
500
500
1000
1500
0.82
1286
1286
1266
857
429
429
429
429
429
429
957
1286
0.81
1071
1071
1071
714
357
357
357
357
357
357
714
1071
Me
857
857
657
571
286
286
286
286
286
286
571
857
0.79
643
643
643
429
214
214
214
214
214
214
429
643
0.78
429
429
429
286
143
143
143
143
143
143
286
429
0.77
214
214
214
143
71
71
71
71
71
71
143
214
0.76
0
0
0
0
0
0
0
0
0
0
0
0
Q75
(214)
(214)
(214)
(143)
(71)
(71)
(71)
(71)
(71)
(71)
(143)
(214)
0.74
(429)
(429)
(429)
(266)
(143)
(143)
(143)
(143)
(143)
(143)
(286)
(429)
0.73
(643)
(643)
(643)
(429)
(214)
(214)
(214)
(214)
(214)
(214)
(429)
(643)
0.72
(857)
(857)
(857)
(571)
(286)
(286)
(286)
(286)
(286)
(286)
(571)
(857)
0.71
(1071)
(1071)
(1071)
(714)
(351)
(357)
(357)
(357)
(357)
(357)
(714)
(1071)
0.7
(1286)
(1286)
(1286)
(857)
(429)
(429)
(429)
(429)
(429)
(429)
(857)
(1286)
0.69
(1501)
(1500)
(1500)
(1000)
(500)
(500)
(500)
(500)
(500)
(500)
(1000)
(1500)
0.68
(1714)
(1714)
(1714)
(1143)
(571),
(571)
(571)
(571)
(571)
(571)
(1143)
(1714)
0.67
(1929)
(1929)
(1929)
(1286)
(643)
(643)
(643)
(643)
(643)
(643)
(1286)
(1929)
0.66
(2143)
(2143)-
(2143)
(1429)
(714)
(714)
(714)
(714)
(714)
(714)
(1429)
(2143)
0.65
(2357)
(2357)
(2357)
(1571)
(786).
(786)
(786)
(786)
(786)
(786)
(1571)
(2357)
0.64
(2571)
(2571)
(2571)
(1714)
(857)
(857)
(857)
(857)
(857)
(857)
(1714)
(2571)
0.63
(2786)
(2786)
(2786)
(1857)
(929)
(929)
(929)
(929)
(929)
(929)
(1857)
(2786)
0.62
(3000)
(3000)
(3000)
(2000)
(1000)
(1000)
(1000)
(1000)
(1000)
(1000)
(2000)
(3000)
2
.k
EXHIBIT "C" Page 1 of 2
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ( "District ") and the Town of Avon ( "TOA ") dated to be effective
November 1, 2006)
Insurance Requirements
1. TOA's Insurance. TOA shall carry and pay the premiums for insurance of the
types and with limits of liability not less than stated below. Such insurance shall be
maintained in effect during the entire term of this Agreement.
(a) Comprehensive general liability insurance in a claims made format
covering maintenance of Vehicles by TOA and operations provided by TOA in
performance of this Agreement with limits of liability of not less than $1,000,000 per
occurrence /$2,000,000 aggregate, and providing, to the extent possible under a claims
made format, continuous coverage for that period of time following the expiration or
termination of this Agreement which is necessary under applicable laws (whether statutes
of limitation, governmental immunity laws or otherwise) to ensure valid outstanding
claims will be covered under such policy. Such liability insurance shall also include
coverage for personal injury, contractual liability and premises operations. District shall
be named as additional insured on any above - referenced policies.
(b) Vehicle liability insurance covering all Vehicles listed on Exhibit "A"
hereof and used in connection with the Services performed under this Agreement with
limits of liability of not less than $1,000,000 per occurrence /$2,000,000 aggregate.
Coverage will also include medical payments, collision and comprehensive physical
damage coverage with a $5,000 deductible. Deductible losses up to $5,000 shall be the
responsibility of District. District shall be named as additional insured and loss payee on
this policy.
In the event of damage or destruction of any Vehicle or Vehicles provided
by District under this Agreement, District agrees that liability of TOA for said damage or
destruction shall be limited to the actual cash value of the Vehicle(s) at the time of the
loss or the cost to repair, whichever is less.
(c) Workers Compensation insurance covering all TOA's employees engaged
in performing the Services pursuant to this Agreement in accordance with the provisions
of the Workers Compensation Act (as amended) of the State of Colorado.
2. District Insurance. District shall carry and pay the premiums, during the
entire Term of this Agreement for vehicle liability insurance coverage on all
Vehicles not listed on Exhibit "A" herein and used in connection with the services
with the limits of liability of not less than $1,000,000 per occurrence ($2,000,000
aggregate combined single limits for bodily injury and property damage).
Coverage will also include uninsured motorists, medical payments and collision
and comprehensive physical damage coverage with a $1,000 deductible.
Deductible losses up to $1,000 shall be the responsibility of District. TQA shall
be named as additional named insured on this policy.
3. Certificates of Insurance. TOA and District shall each provide the other with
certificate(s) of insurance evidencing the policies listed above upon execution of this
Agreement
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To: Honorable Mayor & Town Council
Thru: Larry Brooks/Town Manager
INIIIJ 1"4\
From: Meryl Jacobs/Director of Recreation
John Curutchet/Aquatics/Fitness Supervisor
Date: October 17, 2006
Re: Silver Sneakers Fitness Program
Summary: Attached for signature is the service agreement between the Town of Avon
and Axia Health Management, Inc. This agreement will allow for the ARC to provide
fitness services and programs to senior citizens. The programming will be free to all
eligible seniors and the Town shall be reimbursed for services by the Axia network, at a
minimum of $250/month.
The attached agreement has had careful legal review by John Dunn.
Town Manager Comments: ', I "�
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ARIA SERVICE AGREEMENT
This Axia Service Agreement (the "Agreement") is entered into by and between APIA
HEALTH MANAGEMENT, INC., a Delaware corporation ("Axia"), and TOWN OF AVON,
d/b/a AVON RECREATION CENTER, a Colorado Fitness Center ("Fitness Center").
PREAMBLE
WHEREAS, Axia has entered into agreements with health plans to provide fitness services,
benefits, and programs to eligible Members within an established network of fitness centers;
WHEREAS, Fitness Center offers health and fitness programming and services;
WHEREAS, Axia would like to include Fitness Center, and Fitness Center desires to be
included, as a member of the network of fitness centers for one or more Axia products, and an
outlet for health plan-subsidized basic fitness memberships and services; all on the terms and
conditions as hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual premises set forth above and the
promises hereinafter appearing, and for other good and valuable consideration, the sufficiency and
adequacy of which is hereby acknowledged, the parties agree as follows:
I Definitions. Unless the context otherwise requires, the terms defined in this Section I shall
have the meanings specified for all purposes of this Agreement.
a) "Account Manager" shall mean an Axia employee overseeing the Program
contemplated by this Agreement. As the official liaison between Axia and Health
Plan, and Axia and Fitness Center, this Account Manager will be responsible for
implementation and management of the Program.
b) "Agreement" shall mean this Axia Service Agreement.
c) "Confidential Information" shall mean any Health Plan membership information or
Axia business expertise, manuals, guides, videos, contracts, trade secrets, and
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financial projections, including compensation to be made to Fitness Center pursuant
to the terms of this Agreement.
d) "Fitness Center" shall mean an Axia approved health club, community based fitness
center, health facility, or independently owned fitness center, set forth in Exhibit A,
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which has entered into this Agreement with Axia to be part of its Axia Network, on the
terms and conditions set forth herein.
e) "Axia Network" shall mean, collectively, all fitness centers that have entered into an
Axia Service Agreement with Axia.
f) "Health Plan" shall mean any Local Health Plan and any other health plan or subset
thereof that is contracted with Axia to provide the Program to its members and whose
members may therefore utilize Fitness Center in accordance with the terms of this
Agreement.
g) "Local Health Plan" shall mean Humana and any additional health plan, as
designated by Axia from time to time, that has contracted with Axia to provide the
Program to its members in a geographic area proximate to Fitness Center.
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h) "Member" shall mean a Health Plan Member eligible for the Program as determined by
Health Plan's criteria.
i) "Program" shall mean the SilverSneakerso Fitness Program, which includes
SilverSneakerso Exercise Classes and basic fitness membership services for Medicare
Members provided through a network of fitness centers; also included in the Program
are all facets presented in Section 2 of this Agreement. Program shall also include any
additional Axia product upon written notification by Axia to Fitness Center of such
product; Fitness Center may decline acceptance of the product in writing within thirty
(30) days of notification by Axia of the additional product.
j) "Program Enrollee" shall mean a Member who has completed the Program
Enrollment Process and is eligible to participate in the Program.
k) "Program Enrollment Process" shall mean an organized series of introduction and
information forms and processes, as amended by Axia from time to time, to be
completed by Members on their first visit to Fitness Center before they begin
participating in the Program.
1) "Program Participant" shall mean a Program Enrollee who, after completing the
Program Enrollment Process, has used the Program at a fitness center in the Axia
Network at least once in a given month.
in) "Program Visit" shall mean one distinct occasion, recorded and reported by Fitness
Center in accordance with procedures specified in the Reference Guide, during which
a Member enters Fitness Center to enroll in or use the Program.
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n) "Readiness Review" shall mean Axia's review of the Fitness Center conducted by the
Account Manager prior to the Program Rollout Date to certify Fitness Center's
preparedness to provide the Program.
o) "Reference Guide" shall mean the procedures and guidelines established by Axia for
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participation in the Axia Network by Fitness Center and under which the Program is
administered. The Reference Guide, set forth as Exhibit C, may be amended, modified,
or customized from time to time by Axia.
p) "SilverSneakers @ Exercise Classes" shall refer to the Axia-owned and managed
group exercise classes, the Axia-owned and registered trademark name
"SilverSneakers" and the accompanying logo, and all Axia/SilverSneakerso materials
describing class formats and structure.
q) "SilverSneakers@ Senior Advisors" shall mean a designated employee(s) of Fitness
Center who shall serve as a liaison to Axia and as a resource person for SilverSneakers @
Members utilizing the Axia Network, and be knowledgeable concerning all services
provided by Fitness Center to Members.
r) "Term" shall mean the initial term of the Agreement and each successive one (1) year
period as provided in Section 4 of this Agreement.
2. Services to be Delivered by Fitness Center. In exchange for the compensation to be paid by
Axia, Fitness Center shall perform the following services:
a) Acceptance to and Participation in the Axia Network. In order to become and remain a
participant in the Axia Network, Fitness Center shall throughout the Term of this
Agreement comply with the Reference Guide, including all operations, protocols,
policies, procedures, follow-up guidelines, and health and safety standards. Axia's
execution of this Agreement shall serve as notice of Fitness Center's acceptance into the
Axia Network.
b) Member Program Rights. Following completion of the Program Enrollment Process,
any Member shall be entitled, at no charge, including those fees normally associated
with initiation or monthly dues, to establish a basic fitness membership with
unrestricted hours at Fitness Center, provided that such individual remains a Member
and this Agreement remains in effect. As part of the Program and accompanying
membership to Fitness Center, each Member will be entitled to full access to Fitness
Center, and shall be admitted to free health clinics and seminars, fitness challenges and
testing, social events and parties, and organized recreational sports that may be offered
from time to time by Fitness Center. The Program excludes all those programs and
services offered by Fitness Center which carry additional charges beyond basic fitness
membership services, such as racquetball, tennis, massage therapy, lessons related to
recreational sports, tournaments, and similar fee-based activities. If Fitness Center
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already offers its members discounts on the above programs, services, and facilities
which carry additional charges, Program Members shall also be entitled to such
discounts. Fitness Center shall not impose any charges on Members for Program
services covered under this Agreement. If a Member requests services after being
informed by Health Plan or Fitness Center that the services are not covered under the
Program, the Member shall be solely liable for payment.
c) Program Implementation Process. To prepare for Program commencement, Fitness
Center agrees to participate in the following: 1) an introductory session given by Axia
for Fitness Center management and staff; 2) coordination of the installation by Axia
of a swipe card reader at Fitness Center, at Axia's expense, or demonstration of
electronic reporting from current system; 3) Axia-scheduled and led training in-
services for representatives from applicable Fitness Center departments; 4) Axia's
Readiness Review, which shall be conducted for Fitness Center in order to determine
Program participation preparedness; and 5) an initial Program Enrollment Process,
which shall require representatives as needed from Fitness Center to enroll new
Members at Fitness Center.
d) Compliance with Health and Safety Standards. Fitness Center shall comply with all
health and safety standards as outlined in the Reference Guide. Evidence of
compliance with health and safety standards shall be provided at the time of Axia's
Readiness Review.
e) Program Enrollment Process. Fitness Center staff shall administer the Program
Enrollment Process for all Members upon their first visit to Fitness Center and prior to
participation in the Program. The Program Enrollment Process will include the
following procedures in accordance with the Reference Guide: 1) the Member shall
complete the Program enrollment forms; 2) the Member shall be cleared for exercise
prior to actual participation in the Program; 3) the Member shall receive an Axia swipe
card or facility membership card, and a clearance sticker for their Health Plan
membership card; 4) the Member shall receive a fitness demonstration for safe usage of
exercise equipment and amenities, and an orientation to Fitness Center programs and
offerings. Axia shall supply Axia swipe cards and master copies of enrollment forms to
Fitness Center. Fitness Center shall bear the cost of preparing and supplying the
enrollment forms, including the cost of Fitness Center membership cards if necessary,
and will have enrollment forms available for interested Members during all business
hours. Fitness Center shall also distribute replacement Axia swipe cards to Members as
needed.
f) SilverSneakers(D Classes. Fitness Center shall provide Axia's group exercise class,
SilverSneakers@ Muscular Strength and Range of Movement, a minimum of two days
per week on non-consecutive days. All SilverSneakerso classes shall be offered
during Members' primary hours of utilization. Fitness Center agrees to add additional
classes if the current classes remain at capacity for four (4) or more consecutive
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weeks, or as demand dictates, and will solely bear the costs of adding such classes.
Fitness Center and Axia agree to work cooperatively to add SilverSneakerso Cardio
Circuit classes for more advanced students as needed.
g) SilverSneakerso Class Equipment. Axia shall ensure that Fitness Center has all
required equipment for the classes available by the Program Rollout Date, including
chairs, elastic tubing with handles, hand-held weights and appropriate music, and
shall provide such equipment to Fitness Center as necessary. Following the Program
Rollout Date, Fitness Center shall be responsible for maintaining and replenishing, the
equipment, and shall comply with the exact specifications for this equipment as
defined in the Reference Guide. In the event this Agreement is cancelled for any
reason prior to the completion of the initial Term of the Agreement, Axia shall have
the option of retaining ownership of all equipment provided to Fitness Center by
Axia.
h) Instructor Training Workshop. Axia will hold an instructor training workshop to
provide Fitness Center instructors with the necessary guidelines to teach the
SilverSneakers 0 class according to Program specifications. The training workshop,
which will last approximately four (4) hours, will be led by an Axia representative
and will include the Axia-designed Instructor Manual, class protocols, formats and
choreography, and Axia accreditation as an official SilverSneakerso instructor. Two
(2) instructors from Fitness Center will be able to attend the initial workshop at no
charge; additional instructors who pre-register may attend the initial workshop for a
nominal fee.
i) SilverSneakers@ Senior Advisorsm Program. Fitness Center shall designate one staff
member as the SilverSneakerso Senior Advisors. The SilverSneakerso Senior
Advisorsm shall be the designated resource person at Fitness Center and shall be
available during those hours that most closely follow the Members' primary hours of
utilization. Axia will schedule and provide mandatory training for SilverSneakerso
Senior Advisorssm as well as updated training sessions,
j) Guest Pass Program. Health Plan may implement a guest pass program. Guests shall
C,
be required to complete a Guest Pass and Physical Activity Waiver prior to utilizing
Fitness Center. Properly documented guest visits will be counted the same as Program
Visits for purposes of calculating Fitness Center's compensation.
k) Joint Marketing and Public Relations. Fitness Center agrees to allow Axia and Health
Plan to use the information provided in Exhibit A in marketing and advertising
materials and campaigns. All marketing and advertising materials, and materials
intended for distribution to Members prepared by Fitness Center that refer to the
Program, Axia, or Health Plan shall be approved by Axia prior to their distribution.
Fitness Center agrees to make best efforts to coordinate all media communications
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through the Axia Public Relations Department, and immediately inform the Axia
Account Manager of all media inquires regarding the Program, Axia, or Health Plan.
C,
1) Limited Fitness Center Use of Axia Trademarks. Logos, and Copy!jghted Materials.
Fitness Center agrees that for the Term of this Agreement, all external marketing and
advertising of all Axia trademarked and service marked names, logos, identities,
formats, and materials, including SilverSneakers will first be approved in writing by
Axia, and that at the conclusion of this Agreement, Fitness Center shall cease all
advertising, marketing, and references to the same. At no time during the Term of this
Agreement shall Fitness Center refer to Axia-created programs and/or classes under any
title or name other than SilverSneakerso or other authorized, Axia-owned trademarks.
Upon termination of this Agreement, Axia shall retain all rights to its trademarked and
service marked names, logos, identities, formats, and materials, including
SilverSneakers @ ZI
, and Fitness Center shall have no further right to use the same.
m) Customer Service. Fitness Center agrees that in the event any disagreement arises
between Fitness Center, Axia and/or Health Plan on any matter whatsoever, Axia,
Fitness Center, and/or Health Plan or any subset thereof shall work with the other
party(ies) to reach a resolution of the disagreement, and no one shall involve Members
in any matter concerning such a disagreement.
n) Reporting Obligations of Fitness Center. Fitness Center shall report Program utilization
to Axia on a monthly basis. Program utilization reporting shall consist of all a) Program
forms, including enrollment forms completed during the previous month, and b) visits
for the month, which shall be reported by one of two options: Axia swipe card reader or
electronic reporting. Fitness Center shall ensure that Axia receives the utilization data
by the fifth (5th) day of the following month.
I ) Swipe Card Reader Option. Fitness Center agrees to allow Axia to install and
maintain a swipe, card reader, at Axia's expense, at a central location in
Fitness Center, and provide a working electrical outlet and telephone line
accessibility for the swipe card reader during the Term of the Agreement.
Fitness Center agrees to direct Members to the swipe card reader immediately
upon each visit to Fitness Center. Fitness Center shall immediately contact
Axia in the event the swipe card reader becomes damaged or broken, or ceases
functioning for any other reason, and allow reasonable access to Axia for
service to the swipe card reader. In the event the swipe card reader is not
functional, Fitness Center agrees to track and report visits as specified in the
Axia Reference Guide. In the event this Agreement is cancelled for any
reason prior to the completion of the initial Term of the Agreement, Axia shall
have the option of retaining ownership of swipe card reader provided to
Fitness Center by Axia.
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2) Electronic Reporting Option. Members' daily visits and utilization shall be
recorded in a manner similar to other dues paying members via Fitness Center's
computer tracking system. At the end of each month, Fitness Center shall prepare a
report summarizing activity and containing the required data elements and submit it
electronically to Axia by the fifth (5th) day of the following month. The required file
format and data elements are defined in the Reference Guide.
o) Fitness Center Meeting Space and Participation. Subject to the approval of Fitness
Center, Health Plan shall be able to display Health Plan marketing brochures, banners,
posters, et cetera within Fitness Center. Additionally, subject to the approval of Fitness
Center, Health Plan may hold enrollment meetings, health fairs, health and wellness
classes, and public relations activities within Fitness Center. All such functions are
restricted to availability and must be scheduled with reasonable preparation time.
Approval for such requests will not be unreasonably withheld. All distribution of any
Health Plan materials, including brochures, banners, and posters, as well as any activity
or event shall be coordinated directly with and approved by the Axia Account Manager.
p) Quality Assurance Program. As a provider of fitness services to Members, Fitness
Center acknowledges the importance of quality management systems in providing
quality customer service. Therefore, Fitness Center shall, with the support of Axia,
cooperate in a quality assurance program to ensure quality customer service. Such
cooperation shall include compliance with Fitness Center operations reviews and
corrective procedures as defined in the Reference Guide.
q) Member Retention Activities. Fitness Center agrees to offer and participate in
activities designed to encourage the frequent and ongoing participation of Members
enrolled in the Program. Such activities may be a part of the Fitness Center's existing
member retention efforts, or may be based on Axia's member retention program.
r) Research Studies, Fitness Center shall notify Axia of any and all research or clinical
studies involving Members or the Program. Fitness Center shall not proceed with
such studies without the prior written approval of Axia. Fitness Center shall provide
study findings and results to Axia prior to any publication or presentation of such
findings or results.
s) Fitness Center Staff Qualifications. All group exercise instructors and fitness
professionals who come in contact with Members shall be qualified for their
respective positions. All group exercise instructors shall possess current CPR
certification and any two (2) of the following: a) one year experience teaching group
exercise classes; b) two or four year degree in Physical Education or related field; c)
certification from a nationally recognized fitness education provider. Axia's
approved certifications include Axia Instructor Certification for Older Adult Group
Exercise, ACE (American Council on Exercise), AFAA (the Aerobics and Fitness
Association of America), ACSM (the American College of Sports Medicine), Cooper,
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META, YMCA, AEA, IFPA, ISSA, AFPA, SFA, NASM, FiTOUR, ATI.
SilverSneakers @ class instructors must complete the Axia instructor training workshop
prior to teaching SilverSneakers 0 classes.
t) Program Training for Fitness Center Staff. Fitness Center staff, including front desk
staff, group exercise instructors, fitness professionals, SilverSneakerso Senior
Advisors sm
, and other Fitness Center employees who have regular contact with
Members are required to attend Axia training in-services prior to commencement of
the Program and as needed thereafter to account for staff turnover and to ensure
proper service for Members.
u) Membership Conversion. Fitness Center agrees that Members who are currently
members of Fitness Center will be able to inactivate or "freeze" their memberships
for the duration of this Agreement and pay no monthly dues, cancellation fee, or other
fees during the inactivation period so that they may attend Fitness Center at no charge
under the subsidized Program. At the time this Agreement terminates, or if applicable
Members terminate their membership in Health Plan, those Members will then be
responsible for the remaining terms of their individual memberships with Fitness
Center. Fitness Center shall not refuse or dissuade eligible Members from enrolling
in the Program.
v) Axia Network Reciprocity. For the Term of this Agreement, all Members utilizing
the Program will be allowed, after completing the Program Enrollment Process and
receiving a clearance sticker for their Health Plan membership card, to visit any and
all Axia Network fitness centers offering the Axia product for which they are eligible.
Members will enroll at the primary fitness center of their choice and visit any other
fitness center upon showing their Health Plan membership card with a clearance
sticker and recording their visit at the fitness center by use of the swipe card reader or
other means as defined in the Reference Guide. All fitness centers, including the
undersigned, will accept Members and be compensated in accordance with the terms
of this Agreement. Reciprocity rights under this Agreement shall not include
locations of Fitness Center or other affiliated facilities not specifically set forth in
Exhibit A.
w) Managing the Axia Experience. Fitness Center shall work cooperatively with Axia to
implement strategies to manage the Axia experience within the Fitness Center. Axia
will provide tools that support Program members, many of them experiencing a
fitness center environment for the first time, at no cost to Fitness Center. Experience
management initiatives include banners for the entry/front desk area, the group
exercise room and the general workout area, branded T-shirts to be worn by class
instructors, name tags to be worn by SilverSneakerso Senior Advisors, posters,
bulletin board materials and other materials. Managing the Axia experience is crucial
to the success of the Program.
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3. Compensation. Fitness Center shall be compensated by Axia for services offered to
Members during the Term of this Agreement as follows:
a) Membership Compensation. As payment for Program services, Axia shall pay Fitness
Center according to the schedule set forth in Exhibit B for services provided on or
after the Program Rollout Date. Compensation paid by Axia is inclusive of any and all
taxes which Fitness Center may be required to pay to any governmental authority.
b) Financial Transaction. Axia will make payment to Fitness Center via check or other
payment procedure as may be mutually agreed upon by Fitness Center and Axia.
c) Hold Harmless. Fitness Center agrees that it shall look to Axia for payment for
Program services provided to Members under this Agreement. Fitness Center agrees
that in no event shall Fitness Center bill, charge, or collect payment from a Member
for services provided pursuant to this Agreement. In the event a Member provides
payment to Fitness Center for services provided pursuant to this Agreement, Axia
retains the right to deduct an equivalent amount from the compensation payable to
Fitness Center for the purpose of Member reimbursement.
4. Term.
a) Initial Term. This Agreement will commence on October 1, 2006, and shall continue
in full force and effect until December 31, 2007, subject to appropriation and subject
to cancellation as provided in Section 5 below.
b) Program Rollout Date. The Program Rollout Date shall be a date following the
commencement of this Agreement, communicated to Fitness Center by Axia.
Notwithstanding any other provision of this Agreement, Fitness Center shall not permit
Members to use the Program prior to the Program Rollout Date.
c) Renewal of Agreement. This Agreement may be renewed by amendment for successive
one year terms after the initial Term.
5. Cancellation.
a) Change in Terms; Poor Usage. Axia retains, upon thirty (30) days written notice, the
right to terminate this Agreement for any location of Fitness Center in Exhibit A on the
basis of poor usage of Fitness Center by Members or upon termination or change in
terms of a Local Health Plan's contract with Axia, for each Axia product offering. In
the event Axia removes Fitness Center from the Axia Network, Fitness Center shall be
compensated per this Agreement for services rendered up to and including the date of
cancellation.
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b) Bankruptcy. Notwithstanding any provision in this Agreement, if at any time there shall
be filed by or against a party to this Agreement, in any court, tribunal, administrative
agency, or any other forum having jurisdiction, pursuant to any applicable law, either of
the United States or of any state, a petition in bankruptcy or insolvency or for
reorganization or for the appointment of a receiver, trustee, or conservator of all or a
portion of the party's property, or if a party makes an assignment for the benefit of
creditors, and if this action is not dismissed after ninety (90) calendar days, this
Agreement may be immediately canceled and terminated by the other party.
c) Material Breach. Either party may terminate this Agreement by providing the other
party with a minimum of thirty (30) days prior written notice in the event the other party
commits a material breach of any provision of this Agreement. The notice must specify
the nature of said material breach. The breaching party shall have thirty (30) days from
receipt of the notice to correct the material breach. In the event the breaching party fails
to cure the material breach within the thirty (30) day period, this Agreement shall
automatically terminate upon completion of the thirty (30) days notice period,
notwithstanding any other provision in this Agreement.
d) Unresolved Corrective Action. If the four (4) step corrective action process, as defined
in the Reference Guide, has been exhausted, and an issue(s) remains unresolved, Axia
reserves the right to cancel this Agreement upon thirty (30) days written notice to
Fitness Center.
e) Early Termination. Notwithstanding any other provision of this Agreement, Axia
may terminate this Agreement at any time upon notice to Fitness Center due to 1)
failure of Fitness Center to maintain necessary insurance coverage as required by this
Agreement; 2) apparently permanent closure of Fitness Center during normally
scheduled operating hours resulting in denial of Program services to Members without
advance notice to Axia; 3) fraudulent Program utilization reporting by Fitness Center; or
4) Axia's determination that the health or safety of Members may be in jeopardy if this
Agreement is not terminated.
Default. In the event that Fitness Center defaults under this Agreement or the
Agreement is terminated pursuant to Section 5(c) or Section 5(e), Axia may, at its
sole discretion and without limiting other remedies available to Axia at law or in
equity, withhold payment of any amounts otherwise due and payable to Fitness Center
under this Agreement.
6. Exclusivity. Fitness Center agrees to an exclusive relationship with Axia during the Term
of this Agreement for all fully subsidized Medicare memberships, programs, products, and
services, and Fitness Center will not contract with any health plan, insurance plan, or third
party benefits administrator to provide services that may compete in any way with the
services being, offered by Axia. For the purposes of this Exclusivity provision, "fully
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subsidized" shall mean that the member does not provide any direct payment to Fitness
Center.
7. Confidentialitv. All Confidential Information between Axia and Fitness Center, including
the provisions of this Agreement, are shared in strictest confidence. During the Term and
at all times thereafter, Fitness Center shall not divulge, furnish or make accessible to
anyone or use in any way (other than use in the ordinary course of providing services
under this Agreement) any Confidential Information. Upon completion of this
Agreement or in the event of its termination, Fitness Center shall return to Axia all of
Axia's materials used in the provision of the Program, including the Reference Guide and
Member files.
Agreement Not to Compete. Fitness Center agrees that during the Term and for a period
of one (1) year after the completion or termination of this Agreement, Fitness Center shall
not contract directly with Local Health Plan, or engage in any competing fully subsidized
fitness network business (defined as the ownership, management, or consultation of
programs or services similar to those covered by this Agreement).
Member Contact. Fitness Center agrees not to directly contact Members during the Term
of this Agreement in regard to business related matters pertaining to the Program, such as,
but not limited to, switching health care plans, disenrolling, enrolling with other health
care plans or similar entities, or contracting directly with Fitness Center instead of Axia
and Health Plan.
10. Enforceability. Fitness Center acknowledges and agrees as follows:
a) The amount of payment by Axia pursuant to the Agreement shall not define, limit, or
evidence the amount of damages, if any, to which Axia may be entitled as a result of
the breach by Fitness Center of any of the provisions of this Agreement; and
b) Should any provision herein be determined by any court of competent jurisdiction to
be illegal, invalid or unenforceable in any respect, in whole or in part, the offending
provisions shall not affect the enforceability of the remaining provisions of this
Agreement.
11. Insurance.
Fitness Center shall obtain and maintain in force general liability insurance coverage in an
amount of at least $1,000,000 per occurrence, and shall cause Axia Health Management,
Inc., to be named as an additional insured thereunder "for all services provided under the
contract agreement between Axia and the insured," and shall cause such insurance to
provide that the carrier will provide Axia written notice of expiration, termination, or
cancellation at least thirty (30) days prior to any expiration, termination, or cancellation of
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such policy. As proof of the aforementioned, Fitness Center shall provide from time to time
to Axia a certificate of insurance within ten (10) days of request by Axia.
12. Notices. Unless expressly provided otherwise, all notices, requests, demands and other
communications required or permitted under this Agreement shall be in writing and shall be
deemed to have been duly given, made and received when sent by 1) facsimile transmission
using equipment that provides automatic verification of transmission: 2) hand delivery,
including by a recognized courier service, or 3) registered or certified mail, postage prepaid,
return receipt requested, addressed as set forth below:
If to Axia: If to Fitness Center:
_T
f N
I V
Robert Jacques, COO /A 7,
Axia Health Management, Inc.
9280 South Kyrene Road, Suite 134
'S
Tempe, Arizona 85284
U
t (
Fitness Center shall provide a minimum of ten (10) days notice to Axia in the event of a
change in any of the information provided in Exhibit A of this Agreement. Either party may
alter the address to which communications or copies are to be sent by giving notice of such
change of address in conformity with the provisions of this Section 12 for the giving of
notice.
13. Medicare CoMpliance. In recognition that Health Plan and its subcontractors are obligated
to comply with all applicable federal governmental regulations regarding services to
Z'
Medicare members, Axia and Fitness Center mutually agree to comply with the
following.
a) Compliance with Federal and State Laws. For the Term of this Agreement, Axia and
Fitness Center shall comply with all federal Centers for Medicare and Medicaid
Services (CMS) Rules and Regulations regarding services provided to Medicare
I Z'
Members. Axia and Fitness Center agree to comply with all laws applicable to
individuals and entities receiving federal funds and all other applicable federal and
state laws, regulations and governmental issuances.
b) Government Right to Inspect. Axia and Fitness Center shall give the U.S.
—
Department of Health and Human Services (HHS) and U.S. General Accounting
Office (GAO), and their authorized designees, the right to audit, evaluate and inspect
I-- p
all records relating to services furnished to Health Plan Members during the term of
12
COFC.2W.0 1006.AvoriRecreationCenter.Z.MA
14.
Confidential
this Agreement. Upon termination of the Agreement, all records relating to the Program
shall be forwarded immediately to Axia by Fitness Center and shall become the sole
property of Axia.
c) Privacy/Confidentiality. Axia and Fitness Center agree to safeguard the privacy of
any information that identifies a particular Health Plan Member in accordance with
federal and state laws and Health Plan policy and to maintain Health Plan Members'
records in an accurate and timely manner.
d) Non-Discrimination. Axia and Fitness Center agree to render the services
contemplated herein without regard to race, age, sex, religion, creed, color, national
origin, health factors, such as medical condition (including mental as well as physical
illness), claims experience, receipt of health care, medical history, genetic
information, evidence of insurability arising (including conditions out of acts of
4� 41
domestic violence), and disability or ancestry of any Member. During the Term of
this Agreement, Axia and Fitness Center shall not unlawfully discriminate against any
employee or applicant for employment because of race, religion, color, national
origin, ancestry, physical handicap, medical condition, sexual orientation, marital
status, age, or sex. Axia and Fitness Center shall comply with the provisions of all
applicable local, state, and federal equal employment opportunity, fair employment,
and affirmative action laws and regulations.
e) Exclusion of Certain Persons. Axia and Fitness Center shall not employ any
individual who is known to be excluded from participation in Medicare under Section
1128 or 1128A of the Social Security Act.
f) External Review. Axia and Fitness Center agree to cooperate with all independent
quality review and improvement organization activities required by CMS and/or
Health Plan pertaining to the provision of services to Health Plan Members.
g) Professionally-Recognized Standards. Axia and Fitness Center shall provide the
Program to Health Plan Members in a manner consistent with quality assurance
standards, the Reference Guide, and professionally-recognized standards of fitness
and wellness programs.
h) Compliance with Health Plan Policies, Procedures and Programs. Axia and Fitness
Center agree to comply with all applicable Health Plan policies, procedures and
quality assurance programs pertaining to the Program implemented by and reasonably
required by Health Plan. Axia and Fitness Center agree to comply with all applicable
terms of the contract agreement between Axia and Health Plan for the provision of the
Program at Fitness Center.
Miscellaneous.
13
COFC.2W.0 I 006.AvonRecreationCenter.Z.MA
Confidential
a) Compliance with Federal and State Rules and Regulations. For the Term of this
Agreement, Fitness Center shall comply with all applicable federal and state rules and
regulations regarding services provided to Members.
b) Severabilit . Should any one or more of the provisions of this Agreement or of any
agreement entered into pursuant to this Agreement be determined to be illegal or
unenforceable, all other provisions of this Agreement and of each other agreement
entered into pursuant to this Agreement shall be given effect separately from the
provision or provisions determined to be illegal or unenforceable and shall not be
affected thereby.
c) Choice of Law; Venue. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of Arizona without giving effect to any
choice of law or conflict of law provision or rule (whether of the State of Arizona or
any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than the State of Arizona. The parties agree that the proper venue for any
proceeding at law or in equity shall be Maricopa County, Arizona, and the parties
waive any right to object to such venue.
d) Counterparts. This Agreement may be executed in any number of counterparts and by
different parties hereto in separate counterparts, with the same effect as if all parties had
signed the same document. All such counterparts shall be deemed an original, shall be
construed together and shall constitute one and the same instrument.
e) Irate gratio . This Agreement, together with any Exhibits and Schedules hereto,
represents the entire understanding and agreement among the parties with respect to the
subject matter hereof and shall supersede any prior writings, understandings, or
agreements among the parties with respect to the subject matter hereof.
f) Sale of Business/Transfer of Assets. If Fitness Center desires to sell or transfer its
business to another entity, Fitness Center shall so advise Axia in writing at least ninety
(90) days prior to the sale or transfer date. Fitness Center warrants and covenants this
Agreement will be part of the sale or transfer, and will be assumed by the new entity and
that the new entity will honor and be fully bound by the terms and conditions of the
Agreement. Notwithstanding the above, if Axia, in its sole discretion, is of the opinion
the Agreement cannot be satisfactorily performed by the assuming entity or does not
wish to continue the Agreement with that entity for whatever reason, Axia may
terminate this Agreement by giving Fitness Center thirty (30) days written notice.
Cr
g) Authority to Sign. Fitness Center has granted a power of attorney to negotiate and
enter into contracts for and on behalf of each Fitness Center that this Agreement has
been duly and validly authorized, executed and delivered for and on behalf of Fitness
Center, and constitutes the legal, valid and binding obligations of Fitness Center,
enforceable against Fitness Center in accordance with its terms.
14
COFC.2W.01006.AvonRecreationCenter.Z.MA
Confidential
IN WITNESS WHEREOF, the parties have agreed as set forth above.
v , "Xi v-4r, �s —
AXIA HEALTH MANAGEMENT, INC. 1 C v t� V
1
a Delaware corporation Name of Fitness Center
Signature
Robert Jacques
Chief Operating Officer
Date
15
COFC.2W.0 1006.AvonRecreationCenter.Z.MA
Signature
l
Printed Name
Title
Date
Confidential
EXHIBIT A
FITNESS CENTER INFORMATION
THE INFORMATION IN THE BOX BELOW IS INTENDED FOR DISTRIBUTION TO
HEALTH PLAN MEMBERS. PLEASE MADE SURE IT IS ACCURATE.
Center Name: Avon Recreation Center
Center Physical Address: 0325 Benchmark Road
Avon, CO 81620
11 Center Phone Number:
11 Center Web Site Address:
The following checked amenities are included as part of Fitness Center basic membership and
will be provided to Members at no additional cost:
❑ Cardio/Strength Equipment ❑ Hot Tub/Whirlpool
❑ Aerobics Area ❑ Year-Round Swimming Pool
❑ Steam and/or Sauna ❑ Seasonal Swimming Pool (not available throughout the
Center Fax:
❑ Direct Fax ❑ Need to call first
Center Email:
Who is responsible for daily Fitness Center operations (i.e., owner, keneral manager):
Contact Person:
Contact Title:
Contact Phone:
Contact Fax:
Contact Email:
16
COFC.2W.0 1006.AvonRecreationCenter.Z.MA
Confidential
EXHIBIT A (continued)
Address (if not the same as on
I Mailing Address:
I Payment Name:
I Payment Address:
IAttention: Accounts Receivable I
IPlease indicate which method you choose to report your Program utilization data:
I
❑ Axia Swipe Card Reader
❑ Fitness Center's Computer (Providing Axia with an Excel or tab delimited text file with the
following information for each Program visit: Member's ID number, member's first name,
member's last name, date of visit, time of visit.) I
TAXPAYER CERTIFICATION
Employer identification number
OR
Social Security number
I Business Name:
(If not the same as on previous page)
❑ Individual/sole proprietor ❑ Partnership
❑ Corporation ❑ Exempt from backup withholding
❑ Other
By signing this Agreement, I certify that all information provided above is true and correct to the
best of my knowledge.
17
COFC.2W.0 1006.AvonRecreationCenter.ZMA
Confidential
EXHIBIT B
COMPENSATION SCHEDULE
Program Utilization. Axia shall compensate Fitness Center $3lK]per Program Visit, up
to a ouaxiozuzu of $30.00 per Program Participant per month. Program Visits will be
documented and reported hvFitness Center as specified in the AxiaRe/enooue Guide.
2 Minimum Payment Guarantee. With the exception of the month in which Program Rollout
occurs, Fitness Center is guaranteed u minimum payment of $25O.O0 per location
of Fitness Center identified in Bxbihd A. regardless of the oonubcr of Program Visits to
Fitness Center. For the month io which Program Rollout occurs, the Minimum Payment
Guarantee will ho pro-rated based on the number of days remaining io the month beginning
with the Program Rollout Date.
Administrative -.Payment for Program Transition. To assist with expenses related to
Program transition to SilverSneakers@ Exercise Classes, only after Program Roll-Out
occurs, Axia shall compensate Fitness Center an additional $200.00 per month until the
number of Program Enrollees meets or exceeds fifty (50) enrollees, at which time the
payment shall be discontinued and shall not resume.
4. Payment Schedule. Payment for Program Utilization shall ho either mailed oc processed for
direct deposit bvAxi by the last day of the month following the month inwhich Program
Visits occurred ("following mooib'). provided /txia n:ooiveu Fitness Center's monthly
utilization data hy the fifth (5tb) day of the following month. In the event Fitness Center's
utilization data io received after the fifth (5th) day of the following month but before the last
day of the following month, payment for Program utilization shall be made by Axia within
]0 days of receipt of the utilization data. Iu the event the utilization data io not received by
the |uat day of the following nooudb' /lxiu will he uuuh|e to report the utilization to the
aynusodug 8oulUb I9uu(u). and 1bcre1bne obuU not provide payment to Fitness Center for
that month.
18
Confidential
REFERENCE GUIDE
19
COFC. 2W.0 1006.AvonRecreationCenter.Z.MA
I MA I I
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Jeffrey Schneider, Engineer 11
Date: October 18, 2006
Re: 2006 Street Improvements
Elam Construction, Inc. — Change Order 003
Summary: The 2006 Street Improvements project generally consists of two
sections: Section 1 was a mill and overlay of Avon Road from Roundabout 1 to Roundabout
3, and Section was an overlay of Wildridge Road from Wildwood Road to Beartrap Road,
with the portion from Old Trail Road to Beartrap Road widened to include a pedestrian lane.
Change Order 003 is proposed to remove a bid item for work that was not completed by the
contractor.
Discussion:
An asphalt curb was added on Wildridge Road via Change Order 002 to direct drainage away
from the steep hillside, thereby minimizing any undermining of the fill slope. Elam
Construction installed the asphalt curb on Wildridge Road as well as Wildwood Road
(financed through separate Purchase Order), and had initially included Traffic Control in their
cost breakdown for Change Order 002. In order to expedite the schedule, Town of Avon
Streets and Roads staff provided traffic control for the asphalt curb installation. Change
Order 003 simply deletes the Traffic Control line item from the contract.
Change Order 003 is summarized below:
Item Description
Traffic Control (Asphalt Curb)
Totals
uantit Unit Unit Price Total Price
1 DAY ($817.50) ($817.50)
($817.50)
The total value of Change Order 003 with Elam Construction, Inc. is a decrease of $817.50
from the construction contract.
C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Fi1es \0LK23 \E1am C.O. 3 Memo.Doc I
Financial Implications:
The current budget for the 2006 Street Improvement Project is summarized below:
Design $ 25,000
Construction $ 517,490
Contract Administration $ 10,000
Administration $ 5,500
Contingencies S 7,010
Total Revised Project Budget
$ 565,000
The revised project budget per adoption of Change Order 003 is summarized below:
Design $ 25,000
Construction $ 516,673
Contract Administration $ 10,000
Administration $ 5,500
Contingencies $ 7,827
Total Revised Project Budget $ 565,000
Recommendations:
Staff recommends approval of Change Order 003 to the contract with Elam Construction in
the amount of an $817.50 deduction for deletion of the traffic control line item related to
installation of asphalt curb on Wildridge Road.
Proposed Motion:
I move to approve Change Order 003 to the contract with Elam Construction in the amount of
an $817.50 deduction for deletion of the traffic control line item related to installation of
asphalt curb on Wildridge Road.
Attachments:
Exhibit A — Change Order 003
Town Manager Comments:
�t
C:\Documents And Settings \Nwood \Local Settings \Temporary Internet Fi1es \0LK23 \E1am C.Q. 3 Memo.Doc 2
CHANGE ORDER
Order No.: 003
Date: October 24, 2006
Agreement Date: March 30, 2006
NAME OF PROJECT: 2006 Avon Street Improvements
OWNER: Town of Avon, Colorado
CONTRACTOR: Elam Construction, Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS:
Item Description Quantit Unit Unit Price Total Price
Traffic Control (Asphalt Curb) I DAY ($817.50) ($817.50)
Totals ($817.50)
Justification:
Traffic Control for the Asphalt Curb installation was performed by Town of Avon Streets and
Roads staff rather than by the Contractor, and therefore should be removed from the construction
contract.
Change to CONTRACT PRICE: ($817.50)
Original CONTRACT PRICE: $497,400.65
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $517,386.66
The CONTRACT PRICE due to this CHANGE ORDER will be decreased by: $817.50
The new CONTRACT PRICE including this CHANGE ORDER will be $516,569.16
Change to CONTRACT TIME: N/A
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Jeff Schneider, Engineer II
Date: October 17, 2006
Re: Nottingham and Puder Ditch Headgate Improvements - Design Services
Proposal
Summary:
Bishop - Brodgen Associates, Inc. submitted a proposal for Engineering Design Services for
improvements to the headgate area at Nottingham and Puder Ditch, which provides irrigation
water for the Town of Avon, Traer Creek Metropolitan District, and EMD, LLC. Bishop -
Brodgen Water Consultants were contracted by Traer Creek Metro District to conduct a brief
field investigation and report of the ditch and headgate area in 2004. The report identified
deficiencies with the headgate, approach channel, and sand waste, which is designed to
reduce sediment in the ditch itself, as well as provided short and long term recommendations
for headgate area improvements. Town Staff recently contacted Bishop - Brogden to prepare
engineering plans for ditch improvements scheduled to be constructed in Fall of 2007, a
logical extension of their previous work. A copy of the proposal is included as Exhibit A.
Discussion:
The proposed scope of work for Bishop - Brodgen generally includes the following:
• Site visit, including evaluation of existing headgate structures, detailed field
measurements, and a survey of existing grades;
• Preliminary design options and cost estimates, as well as recommendations on design
options;
• Finalization of design plans for inclusion in construction documents, and providing
engineering assistance when needed;
• U.S. Army Corps of Engineers 404 Permitting;
• On -site meetings with contractors and limited field engineering support.
Additional services beyond the proposed scope of work may be authorized with the rates as
shown on the rate sheet included as Exhibit B. The scope of work does not include contract
C:ADociunents And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23\13ishop Brogden Design Award Council Memo.Doc I
document preparation, as that will be completed by Town Staff and will incorporate the
design services from Alpine Engineering (approved at the October 10, 2006 council meeting)
for piping two phases of the ditch east of the Village at Avon Filing 1. Though design
services have been separated into two firms, construction will be performed by a single
contractor and one set of all - inclusive contract documents will be prepared.
Financial Implications:
The cost of all Nottingham and Puder Ditch improvement work, including the proposed
headgate improvements, will be shared by the Town of Avon, Traer Creek Metro District, and
EMD LLC per the Nottingham and Puder Ditch Repair, Maintenance, and Management
Agreement approved by all parties involved.
Bishop - Brogden Associates, Inc.'s proposal consists of a not -to- exceed amount of $10,000
without prior written approval. With the proposed cost sharing of design and construction
costs, the Town's portion of the design services fee will amount to $5,000 and is within the
proposed project budget. When combined with the prior proposal for the ditch improvements
from Alpine Engineering, Inc., the Town's portion of the design services for the entire project
will be $22,780.
Recommendations:
Approve the Design Services Proposal submitted by Bishop - Brogden Associates, Inc. for the
Nottingham and Puder Ditch Headgate Improvements for an amount not to exceed $10,000
without prior written approval. Approval of this proposal is contingent on approval for the
cost sharing at the next Traer Creek Metro District Board meeting.
Attachments:
Exhibit A Bishop - Brodgen Associates, Inc. Proposal
Exhibit B Bishop - Brogden Associates, Inc. Rate Sheet (Additional Services)
Town Manager Comments:
C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \Bishop Brogden Design Award Council Memo.Doe 2
ON,
15; jAz%
...................
It tv im i, B iv(wo I y A vswii i us. vvi-,
October 16 2006
Jeffrey Schneider,
Town of Avon L,,ngineering Departulcut
RU Box 075
!"im. CT) 81620
Fkar Jeff',
INAVIS / 7- " R
\1 hm! A So W
t 1=01mmy
Ps"V I un,
AMA" 1. "imAs,
IN= 11 BmAn
As discussed, this letter presents our proposal for knorsuhing services associate(] with
reconstruction of the Nottinglou-n lluder Ditch head ate, sediment lvastc-��ay, and check �Lun
structure,
Our proposed scopc-of-lvork is as f'oljoNvs,
1. Complete site visit to evaluate existulr, doch structures, including, detailed f-l"Ad
mea.,surenients and a survey ol'the existAng river and dhch gnmks §2000),
o
2. Develp preliniinar1 desigri qqions and cost esthnates and miNnit rewonmenWnis Ar
approval ($2,500).
3. Fiiialize dwign phns Aw hAnion in cumstruedon, bid docunwnt,�, and provide
engineubg assishtnce as needed to cornplete bid docurnents OWN; Ibis assunics that
Me Ihnn will take !lac lead role in preparing the construction bid docunlents and/or that
Te Town abnody has a general set ofappro-ved docunrenv to start f`rlom
44, Research 404 perninting, requirements, subilin petnin 'Ipplication, "'Ind coordinate
applicotion approval ($1,000), Aln� addhion;,tf pennit: requirennents liar the Coullu:�, Or
other entities will be obtained b", tbe,fown,
5, N"leet on-site with contracti.a- to revicNN, desiga plans and pnivide Ihnhcd enghwering
suplxmi as needed ($10001 This assurnes thm Me Awn wHI WN" services of an
experienced contracrtw, raRl that one she vik will be compOted priorfor at Me mam of
i onstructionl vbli lifnited folhow-up, nh-phone tiiscusions as needed, li'more assistance
is mjwdl, that work Olt on4 be conOwd *Qh aMm\,al of';hc Fm n, a12�1 chuirged o
our non-nal hot"Iy istes.
We charge Or engincering and om-hing savives has d t)n hourly noes 14 our personnel
�issig,ned to .war prqjQct. 'I We tons hiclude (qw mail me,,�s' hourly wflancs. ?vncral and
admKOwNT (wcrhcud and Ice, Our rwes cunvwly il effiact am FKA75AW"Or nuppmi
Jeffrey fre e itta6der, P.L.
(,te°teab r 16. 200
Page 2
1sNs mine;l, $60=80 110 =.w stall €` cngitacoc and hy€ €-ogeol gists. `S'80, 0- S?00 tip} for p,-�ed
eaa,ala?eem aarael hidl"tVcoks'„?tTM . MO{.1M130,00 for senior € ngincers and h4di'o cologists, and
$13100 00 o $15030 Ibr 1sr 0itsals,
The C';lss:iascs OUr Per"sc)laaa'i iract €r in direct connection ,Ali Me preyc'awt ;gill be laille'c to )on at
cost Plus 10 pet -cent, We will subiclit invoices monthly rum[ tcrlms of pa €j -neat aw net thirty .lay,
interest at the rate of 14 pelwort per month (€tt nuaal rate 18 pm -cenp %OH be aacl kd k) Mw Ion o
We baaleaarce not paid witlaira thirty dams ofthe i €woke date, Fng.i €aeeritag services are sai sject tc� be
discontinued on tires prc> mt it tssayaraent on an invoice is not irlaide whi- ita 45 chat's of Me: date of
that invoice. € mess prior an- aaaa;ytc;raients llaave been n -nale,
We estiaraatte tine vork described above can he accomplished Rw atlas roxinnuexly Sit }MOO based
upwma the a assr:rlattations listed above, :Actual deign costs will vary depending upon the ,elected
itaaprC ?L`t,tlat,nt options, permitting process and any otlle`r tlaAiacswn ismies tlaatt rnai4 allso I "d r ti`s e
t)uri. -a)sc of this dagreer enty total t)rllhVs gill aa4)t exceed a`r10,000 without iccci -611' authorization
Rona, the ,l oGtn, 10 cC)i3t(nn our undlc't`stwdtrCag of Us assignment, `xaml ¢Surd ?true us to proceed.
p1warse sitar ltmh copies of tins 1,nVosa L and k"p one c;4)1°ay Ar 3c ur records. s. Please ae:t €ani rite
second copy to us Rw (wr fit s,
The terraas of dais proposal are offered for as p c;rrod of thh-tg clam`s troraa slab €aaittaal only, "tda tlte;
rraaaxinninar extent perraaitted by law, the Client aj;rcc;s to li €rait the C onsuhaatat`s liabiIny for tire
(.`li,Ws c1 <ataa ages to tile rsrlrn of $ l i)tl.tK)T This liaaaitaaticata sludl also regarrdl ss of Me came of
action or letgaaI theory pled or asserted,
We hope that this provides you with an hidicMion of Ow emistrlting see ices that All lilac; €a be
€ra of ed iar Me design and coast €tact€ mi tsr°cpaaraation l.gnwe IN the Nottin lraarra Ditch h aaduarks,
€4rttkt`t)•-craenis. ir you have any clu"lae)its or c'etttlrnents„ please do not hesittaaw to call, We look
fi:)rward to i4st?Y"king Nvidl y(ai on your project.
Vey trut yours.
131SI1()P- BR0t._lDl.N" ASS0 l A ITS. INC,
Ray 1_irrrarr, l$>E,
Senior Waite Res.,ources l;i gineer
Z--
Michael 2 , Saavlet .t.'. K
Principal
R l Deb
Enclosure
(.ri.,i
, sf
( ssratraacling Agency
By
Authorized Sugnature
Date:
l`atle
�XeIeg J'7 r�
.I►
—
BBA
water consultants
BISHOP-BROGDEN ASSOCIATES, INC.
STANDARD SCHEDULE OF COMPENSATION
Effective July 2006
Applicable to Services Furnished on a Per Hour Basis
Classification
PROFESSIONAL STAFF
Principal................................................ ...............................
Senior Engineer /Hydrogeologist / Hydrologist .......................
Project Engineer /Hydrogeologist /Hydrologist ...............
Staff Engineer /Hydrogeologist /Hydrologist ..............................
TECHNICAL SUPPORT STAFF
Drafting /G.I.S. Technician .............................. ...............................
WordProcessing ............................................... ...............................
Intern/Technician ....................6.
Billing Rate
$130- $150.00
$100- $130.00
$80- $100.00
$65- $80.00
$55- $75.00
$55.00
$30- $45.00
The above Standard Schedule of Compensation is subject to periodic revision. The schedule
includes salary costs, ordinary overhead and profit. Applicable expenses for travel and
subsistence, incidental out -of- pocket costs, communications, reports preparation, printing, outside
services, etc., are reimbursable at invoice cost plus 10 percent. Mileage is reimbursed at forty and
one /half ($0.485) cents per mile. For services furnished by Senior Officers on direct assignments,
such as special consultation, expert witness, etc., per day or per hour compensation may be
negotiated.
TOWN OF AVON, COLORADO a%
REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 24, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
s. .
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD
COUNCILORS DEBBIE BUCKLEY
KRISTI FERRARO
MAC MCDEVITT
AMY PHILLIPS
BRIAN SIPES
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY MCKENNY
TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT
THIS MEETING IS 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 8:30 AM
8:30 AM — 1:30 PM 1. EXECUTIVE SESSION pursuant to CRS 24- 6- 402(4)(f) for discussion of
personnel matters
8:30 AM — 10:OOAM TOWN MANAGER
10:00 AM — 11:30 AM TOWN ATTORNEY
11:30 AM — 1:00 PM COUNCIL DISCUSSION & LUNCH
1:30 PM — 3:30 PM 2. EXECUTIVE SESSION pursuant to CRS 24- 6- 402(4)(f) for discussion of
personnel matters related to Municipal Judge interviews
1:00 PM — 1:30 PM TERRENCE QUINN
1:30 PM — 2:00 PM DAVID LUGERT
2:00 PM — 2:30 PM HENRY BORNSTEIN
2:30 PM — 3:00 PM AVAILABLE FOR DISCUSSION
3:00 PM — 3:30 PM STACEY KLEIN
3:30 PM — 4:00 PM 3. MUNICIPAL COURT UPDATE (JOHN DUNN, ELIZABETH PIERCE - DURANCE, ATTORNEYS,
BRIAN KOZAK, POLICE CHIEF, BUCK ALLEN, MUNICIPAL JUDGE)
4:00 PM — 5:00 PM 4. CONTINUED EXECUTIVE SESSION pursuant to CRS 24- 6- 402(4)(f) for
discussion of personnel matters related to Municipal Judge interviews
4:00 PM — 4:30 PM BUCK ALLEN
4:30 PM — 5:00 PM DISCUSSION
5. STAFF UPDATES
A. Financial Matters / Memo Only (Scott Wright, Finance Director)
B. Business Registration Update / Memo Only (Patty McKenny, Town Clerk)
5:00 PM 6. ADJOURNMENT
Avon Council Meeting.06.10.24
Page 1 of 4
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, OCTOBER 24, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
LIQUOR LICENSING AUTHORITY AGENDA
MEETING BEGINS AT 5 PM
1. CALL TO ORDER / ROLL CALL
2. RENEWAL LIQUOR LICENSE APPLICATIONS
a. Applicant: Pizza Hut of SE Kansas d/b/a Pizza Hut of Avon
Address: 40 Nottingham Rd, Avon, CO
Manager: Jeremy Simon
b. Applicant:
Address:
Manager:
c. Applicant:
Address:
Manager:
Suncor Energy Sales, Inc. d/b/a Phillips 66
46 Nottingham Road, Avon, CO
Anakut Loya
Pazzo's West, Inc. d/b/a Pazzo's Pizzeria
82 E. Beaver Creek Blvd.
Mark Colwell
3. PERMIT APPLICATION & REPORT OF CHANGES FOR A RETAIL WAREHOUSE STORAGE PERMIT
a. Applicant: Avon Properties Leasing LLC d/b/a Village Warehouse Wines
Address: 101 Fawcett Road, Avon, CO
Manager: Peter Cuccia
Type: Retail Warehouse Storage Permit
4. OTHER BUSINESS
4. CONSENT AGENDA
a. Minutes from August 22, 2006
b. Minutes from September 26, 2006
5. ADJOURNMENT
Avon Council Meeting.06.10.24
Page 2 of 4
FINANCIAL MATTERS
October 24, 2006
1. YTD Building Revenue Report Actual vs Budget - September 2006
2. Detail - Real Estate Transfer Taxes - September 2006
3. Accomodations Tax Worksheet Actual vs Budget - August 2006
4. Sales Tax Worksheet Actual vs Budget - August 2006
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2006
Purchaser Name r Amount Received
$ 208149097
Timeshare Transfer
Christie Lodge Timeshare
Timeshare Transfer
Christie Lodge Timeshare
Title Comp Rockies
Christie Lodge Timeshare
Resort Closings
Christie Lodge Timeshare
Holiday
Christie Lodge Timeshare
Title Comp Rockies
Christie Lodge Timeshare
Holiday
Falcon Pointe 0310-2
1stAmerican Heritage
Falcon Pointe 405-14
1st American Heritage
Falcon Pointe 02U7'2
1st American Heritage
Falcon Pointe 4O3-2S
1st American Heritage
Falcon Pointe 2O8-23
1otAmerican Heritage
Falcon Pointe 105-6
1st American Heritage
Falcon Pointe 212-2G
1ot American Heritage
Falcon Pointe 402-11
1ut American Heritage
Falcon Pointe 113-51
Title Comp Rockies
Mtn. Vista 121G-2Q
Holiday
Mtn. Vista 1414-01
Title Comp Rockies
Mtn. Vista 00-34
Herbert & Donna Whalen
Avon Center @ Beaver Creek 1101-111G
yWarkVVeinnaioh
Benchmark @ Beaver Creek B-5
yWorise|oSa|godo
Benchmark @ Beaver Creek B-8
SLT Trust
GunnonHa)deAr3
Keith Milton
Avon Crossing ||33O7
Colo Avon Investments LLC
Avon Crossing 22O1
Cor|8ruggemon
Sage Hill Tnwnhomes
Michael Sanner& Shelley Gi|e
Coyote Creek TnwnhomeoB-U2
Bethany Boston-Johnson
Ronkin'Horse Ridge ||[|-1
LyuvumiuKo|ev.Rofoi|Gonanov& Emil Ve\ikov Sunflower Townhomao#2
Pamela He|zor
Lot 51+A0k2VVi|dridge
Donald Breit
Lot 88`4B\k3VVi|dr\dge
Matt Hesse
Lot 71 B|k4VVUdridge
ChriaTatreau
C|iffroneTownhomemD-17
Total September Revenue
Total YTDRevenu*
Total 2006 Budget
Variance, Favorable UJ
asomm
To:
Honorable Mayor and Town Council
Thmm:
Larry Brooks, Town Manager
(NO)
JacquieHa|bmrnt, AmsKTom/oKOana@er
From:
Pmtty0lcKemmy
Date:
October 20.2WO6
Re:
Business Registration Update for Avon
Summary: A request has been made to include olist of new businesses registered in Avon in your
eo below iae list of the new businesses and closed businesses inAvon.
NEW BUSINESS REGISTRATIONS
New Bus (NB) or
Home New Ownership
Name of Business
Street Address
Type of Business
Open Date Office
(NO)
AGO Studios, Inc.
2909 June Creek Trail #1
Professional -
9/1/06 yes
NB
architecture
Ar hiteNua|Taknologies. LLC4OO Hurd Lane. Bldg |.
Service -
8/6/08 yes
NB
APT 3U1A
Maintenance in
construction
DC Custom Audio, Inc. d/b/a
240 Chapel Pi, Bldg B.
Retail Sales
9/18/06 no
NB
Design Audio /Video
Unit BC117
Gorsuch, Ltd. -ADnex
142 Avon Road -Sute
Retail Sales -only
10/1/06 no
NB
106/107
Oct. /Nov.
Help U Shop
098 W. Beaver Creek
Other - grocery
10/20/06 yes
NB
n -
Blvd, Unit
shopping
s oppng
Jeffrey N.Thoxhon.W1.O.;
100VV, Beaver Creek
Professional -
9/1/06 no
NB
Plastic Surgeon
Blvd, Suite 234
doctor
Stacey Horn, K8SSA.LCSVV
1OOVV. Beaver Creek
Professional -
0106 no
N8
Blvd, Suite 218
licensed clinical
social worker
Swiss Hot Dog, Inc. d/b/a
101 Fawcett Road, Tnaer
Restaurant
10/1/06 no
NB
Swiss Hot Dog
Creek Plaza
Avon PrnpeortiesLeasing,
101 Fawcett Road, Tnaer
Retail Sales -liquor
10/8/06 no
NB
LLC d/b/a Village Warehouse
Creak Plaza
store
Wines
Krusen. Inc. d/b/aAvon
100VV. Beaver Creek
Retail Sales -liquor
10V1/06 no
NO
Liquors
Blvd.
store
TERMINATED BUSINESS REGISTRATIONS
Name
Date Terminated Reason
Mile High Deep Rock Water #44 8/6/06
sold
American Studios, Inc. #1199
10/6/06
closed