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TC Council Packet 11-14-2006TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 1u%'2006 AVON MUNICIPAL BUILDING, 4@0 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AT5:30 PM 1. CALL TO ORDER AND ROLL CALL 2' APPROVAL OF AGENDA 3' DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST 4' CITIZEN AND COMMUNITY INPUT @. Correspondence from Shannon Overcash regarding Wildridge Park Equipment (Ron Wolfe, Mayor) 5' yJEVVBUSINESS 8. Stone Creek Elementary Charter School — Request for Waiver of Water Tap Fees The Village at Avon, Filing 1, Lot 5 (Larry Brooks. Town Manager) request for the Town to waive or pay for water & sanitary ser related tap fees associated with temporary school facility located on Lot b. Intergovernmental Agreement with Eagle County for Animal Control Service (Brian Kozak. Police Chief) Action requires 2/3 vote for approval / Consideration of |GAvvith County for animal control service; including in2OO7budget C. Intergovernmental Agreement with Eagle County F<egiOO@| Transportation Authority ("ECC)") (Bob Reed, Transit Director) Agreement for parking buses, fuel, and maintenance services S- ORDINANCES 7. RESOLUTIONS G. Resolution NO. 06-42' Series of 2006, Resolution Reappointing C.G. Allen, |||. Municipal Judge PUBLIC HEARINGS FOR RESOLUTIONS No. 0G-42 THROUGH 06-4G b. Resolution NO. 05-43, Series of 2006, A Resolution Amend the 2006 Town of Avon Budget (Scott Wright, Finance Director) C. ReSO|UUOD No. 08-44. Series of 2000, A ReSU|Ud0n to /\DleOd the 2008 Town of Avon Capital Projects Fund Budget (Scott Wright, Finance Director) d. ReSU|udOD NO. 06-45. Series Of 2006. A R8S0|UdoD to Adopt the 2007 Town of Avon Budget (Scott Wright, Finance Director) e. Resolution NU. 06-48. Series Of 2008. A Resolution to Accept the Proposed Town of Avon Long Range Capital Program And Simultaneously Adopt the Year 20O7 Capital Projects FUndBudg8t (Scott Wright, Finance Director) . f. ReSO|UtiOD NO. 08-47, Series of 2006. F{eSO|Uti0n Certifying Delinquent Real Estate Transfer Tax for CO|ieCtiOO by the Eagle County Treasurer (Scott Wright, Finance Director) Action asking County Treasurer to collect delinquent real estate transfer taxes g Resolution NO. 00-48. Series Of 2006. A F<eSO|UtioO Approving the Amended Final P|at, A Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) Review of amended final plat creating duplex units for 2100A and 2190B 8add|eridgeLoop 8. UNFINISHED BUSINESS Avon Council Meetiny.nn.1t1* Page am1 TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESo", NOVEMBER 14, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD REGULAR COUNCIL MEETING AGENDA MEETING BEGINS AJ5:38PKO 8' OTHER BUSINESS ' 10' TOWN MANAGER REPORT 11. TOWN ATTORNEY REPORT 12. MAYOR REPORT 1J. FUTURE AGENDA ITEMS: MILL LEVY CERTIFICATION, VVH|TEVVATER PARK MARKETING AGREEMENT, FAMILY MEDICAL LEAVER ACT, IMPACT FEES, URBAN RENEWAL AUTHORITY BLIGHT STUDY PROPOSALS 14. CONSENT AGENDA 8. Minutes from August 22.2000. September 12 and 28'2008. October 1O and 24.2OO6 b. Service Agreement with Vail ASSOCiGteS. Inc. ([>./\.F<) (Bob Reed. Transit/Public Works Director) Annual agreement for fleet maintenance C. Eagle River FleonB8UOD Enhancement Project — Ted Seipe| Construction, Inc. Contract Change Order NO. 1 (Final) (Norm Wood, Town Engineer) Costs related to the vvhiteweter park project and agreed upon in the original contract d. Town Of Avon 2OO7Street Improvements PnDgr8Ol 8UO0Q0@ry& Design Services Proposal from Intermountain Engineering, Inc. (Norm Wood, Town Engineer) Response to Request for Proposals for O7 street improvements e. Roundabout 4' Conversion to FU|| R0UDd8bOUt — Inter-Mountain Engineering. L1d, Civil Engineering Design Services P[OpOSa| (Norm Wood, Town Engineer) Proposal to include p|ans, noote, specs, bid & contract documents for conversion of roundabout 4 15. FAREWELL COMMENTS OF OUTGOING COUNCIL MEMBERS 16. ADJOURNMENT 17. RECEPTION FOR OUTGOING COUNCIL MEMBERS — NOTICE IS HEREBY GIVEN THAT A RECEPTION WILL BE HELD IMMEDIATELY AFTER THE REGULAR MEETING OF THE AVON TOWN COUNCIL AT VISTA RESTAURANT LOCATED AT 48 E. BEAVER CREEK BLVD. PLEASE JOIN US|N THANKING THE OUTGOING MEMBERS OF THE AVON -[0VVN COUNCIL FOR THEIR YEARS OF SERVICE Avon Council Meeuno.mo.n.1* Page 4«r4 ji To: Honorable Mayor and Town Council From: Patty McKenny, Town Clerk Date: November 9, 2006 Re: Citizen & Community Input Summary: Attached is a letter from a young resident in Wildridge regarding a request for the Fire Station Park. Mayor Wolfe asked me to include it in the packet. FOMERMILMLUM lAso, know that have asked a lot bt as you can tel by my purple pen me and all my friends 2:¥( »°f girls and some that are boys like purple. So if maby you could get the swing you could make it purpleL *© maby pink for cancer: yk2<e« Evan though October is over. A New Swing Stephanie Adrianna Lindsey Halvorson Hollywood (sp ?) Heather Radick Shannon Overcash Hanna Sabin Carson Maxwell (sp ?) Pation (petition) 11/7/06 11/7/07 11/7/06 11/7/06 11/7/06 11/7/06 11/7/06 11/7/06 I4 I I me TO: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: November 9, 2006 Re: Stone Creek Charter School - Request for Waiver of Tap Fees The Village (at Avon) Filing 1, Lot 5 Summary: Bill Hammer representing the Stone Creek Charter School has requested that the Town of Avon waive or pay all water and sanitary sewer related tap fees associated with temporary school facility located on Lot 5. His request is based on, the School is leasing the site from the Town and as such the Town should be responsible for providing utilities. Paragraph 10 of the "Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary" (Exhibit A) states, "The School shall be responsible for all utilities furnished for the premises. This condition in the Lease is consistent with status of current plans and use of the site. The Town has been using this site for snow storage and has no irmnediate or specific plans for other uses on the site. The 2007 Capital Projects Fund Budget includes development of a Master Plan Development for the Swift Gulch Public Works Site and the Village Lot 5 Site. That Master Plan may well define a specific use and development time frame for Lot 5 which would also help determine future water and sanitary sewer requirements for the property. Payment of Tap Fees prior to having a development plan and schedule is premature and likely a poor investment. It has also been implied that the Town of Avon is the recipient of at least some of these Fees and as such the Town should not be collecting Tap Fees in addition to the Lease payment. The attached Stone Creek Charter School Tap Fee Breakdown (Exhibit B) includes a Table showing how much of the Tap Fee Revenues are retained by each applicable entity. It should be noted that the Town of Avon retains NONE of the $ 46,377 in associated Tap Fees for a I- inch water service on this site. One alternative is to follow the agreement as written and the Charter School is responsible for all Tap Fees required for their use. 1AEngineering\Avon Village\2.0 Filing I Tot 51Tap Fee Memo-l.Doc I A second alternative that Council may wish to consider is to amend the Lease Agreement to: 1) Reimburse the Charter School for the base water Tap Fee ($10,400) for a 1 -inch Tap. This Tap would remain with the property and we would have a pre -paid 1 -inch Tap that would be available to the Town for use with future site development. This Fee would be forwarded to Traer Creek Metropolitan District which in turn is obligated to forward 20% ($2,080) to Eagle -Vail Metropolitan District per Paragraph 3. A., B. and C. in the 'First Amendment to Water Service and Tap Fee Allocation Agreement" (Exhibit C) between Eagle -Vail Metropolitan District, Town of Avon, EMD Limited Liability Company (Traer Creek Metropolitan District) and the Upper Eagle Regional Water Authority. 2) Stone Creek Charter School finalizes agreements with other applicable entities for deferred payments for remainder of Fees. These Fees would be credited to the school and could be applied to the new school location as applicable. Traer Creek Metropolitan District has agreed to waive The Villager (at Avon) Incremental Sewer Tap Fee (1 -inch meter $3,921.00) and Water Development Fee (1 -inch meter $5,200.00) for one -year for Stone Creek Elementary School per attached letter (Exhibit D). This Fee, if paid, would only be transferable to a new school location if it were located somewhere in The Village (at Avon). Eagle River Water and Sanitation District sewer tap fees should be transferable to any other location within the boundaries of the District and the Upper Eagle River Regional Water Authority plant investment fees should be transferable to any location within the boundaries of the Authority. With this arrangement the Town would prepay for a 1 -inch water service tap that would remain with the site but will be unused for an indefinite period of time. The Charter School would make deferred payments on the remainder of the water and sewer related tap fees and would receive credit for all fees paid if they locate to another site within The Village. If it relocates to an area outside The Village but within the Boundaries of ERW &SD and the UERWA they would receive credit for all fees paid with the exception of deferred fees paid to the Traer Creek Metropolitan District Due to the highly sensitive nature of this issue we recommend the Council follow the above second alternative and propose an Amendment to the Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary to: 1. Provide that the Town will pay the Base Water Tap Fee for a 1 -inch water service tap and the water tap will remain with the property. 2. Allow the School to make arrangements with other applicable entities to transfer all other water and sewer related tap fee payments and rights to the future location of the school as may be applicable. l:AEngineering\Avon Village12.0 Filing 1 \Lot 5 \Tap Fee Memo -l.Doc 2 Recommendation: Authorize preparation of an Amendment to the Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary to: 1. Provide that the Town will pay the Base Water Tap Fee for a 1 -inch water service tap and the water tap will remain with the property. 2. Allow the School to make arrangements with other applicable entities to transfer all other water and sewer related tap fee payments and rights to the future location of the school as may be applicable. Alternatives: Leave Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary as it exists with the provision that, "The School shall be responsible for all utilities furnished for the Premises." Proposed Motion: I move to authorize preparation of an Amendment to the Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary to: 1. Provide that the Town will pay the Base Water Tap Fee for a 1 -inch water service tap and the water tap will remain with the property. 2. Allow the School to make arrangements with other applicable entities to transfer all other water and sewer related tap fee payments and rights to the future location of the school as may be applicable. Town Manager, Comments: r' -,,i- Attachements: r� Exhibit "A" Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary Exhibit "B" Table l: Stone Creek Charter School Tap Fee Breakdown Exhibit "C" First Amendment to Water Service and Tap Fee Allocation Agreement Exhibit "D" Traer Creek Metropolitan District Letter Waiving 1 -inch Incremental Sewer Tap Fee and Water Development Fee for One Year for Stone Creek Elementary Exhibit "E" Lease Agreement Between The Town of Avon and Traer Creek RP,LLC I:AEngineering\Avon VillageA2.0 Filing 1 \Lot 5 \Tap Fee Memo -I.Doc 3 If 1-i TOWN OF AVON, COLORADO RESOLUTION 06-30 SERIES OF 2006 A RESOLUTION APPROVING A LEASE BETWEEN THE TOWN AND STONE CREEK ELEMENTARY SCHOOL WHEREAS, Stone Creek Elementary School has requested that the Town enter into a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY ("the School Lease") whereby the Town will lease Lot 5, The Village at Avon, Filing I ("Lot 5"), to Stone Creek Elementary for a term from July 1, 2006, to June 31, 1, 2007; and WHEREAS, Lot 5 is currently designated as a public works site pursuant to the Annexation and Development Agreement for The Village (at Avon); and WHEREAS, by Resolution No. 06-29 the Town Council approved a LICENSE AGREEMENT between the Town and Traer Creek RP, LLC to provide to the Town an alternative public works site during the term of the School Lease; NOW, THEREFORE, BE IT RESOLVED: 1. The School Lease, a copy of which is filed with the minutes of this meeting, is hereby approved. 2. All action heretofore taken by the officers of the Town of Avon relating to the same is hereby ratified, approved and confirmed. 3. This Resolution is contingent upon the adoption of Resolution No. 06 -29. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th day of June, 2006. &F AT LEE S E A 11 nl��_l <d. g�, -A Ronald C. Wolfe, Mayor I STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY PARTIES. The parties to this Lease are the TOWN OF AVON, COLORADO (Town), a Colorado municipal corporation, and STONE CREEK ELEMENTARY (School), a Colorado Nonprofit Corporation. 2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of the School for the education of the children of Eagle County. C.R.S. § 31-15 - 713(l)(c) grants to the Town the right to enter into this Lease. 3. PREMISES. The Town hereby leases to the School the surface rights for the property described as Lot 5, The Village at Avon, Filing 1 (Premises), situated in the Town of Avon, Colorado. Attached as Exhibit A is a schematic map depicting the building, packing lot, playground, utililities and other improvements, all of which shall have the prior approval of the Town staff. Attached as Exhibit B are elevations of the building including depiction of its exterior construction. 4. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the Premises in fee simple; that the property is clear and clear of all liens and encumbrances; and that it has the fill right and authority to enter into this Lease. The Town warrants that the School shall enjoy the possession and use of the Premises in peace and without disturbance or interference. 5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 31, 2007. The Premises are currently in use by the Town for snow storage and in the future will be a permanent public works site. During the term of this Lease and for the term of this Lease, the Town will enter into a lease with Traer Creak RP, LLC for a replacement site described as a part of Tract B, The Village (at Avon), Filing 3. Upon termination of that lease, the Town will have an immediate need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY -ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year, $5,000 of which shall be due and payable on the first day of the Lease, and the balance of which shall be due and payable on October 15, 2006. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. v 7' OBLIGATIONS OF THE SCHOOL. 7.1 Use Restriction. The School shall use the Premises only for school purposes and in compliance with any and all restrictions contained in its Charter and state law, any and all restrictions contained iothe approval ofu special review use by the Town and any and all restrictions contained iu the approval ofthe The Village Design Review Board. The School shall establish and ouuio1uio an ootroacbprograrofbr''o1-riok" childreuoodaballprovideovidenoetbczeufto the Town along with quarterly reports ao1othe success of that program. Any non-scholastic use ofthe Premises shall have the prior approval of the Town staff. In the ovoo1 the School persists in using the Premises for upurpuan other than school purposes in violation o[ this Lease or violates the restrictions um a1oznauid, 1he Town may terminate this Lease by giving prior written notice of the vioio1iou. The School shall then cease using the Premises for the remainder uf the term, 7.2 Right toCure. Upon receipt ofa notice o[ violation oz presumption nf abuodom-ncut,dbe School shall have the right to cure such violation within ]0 days nf such notioo before the Town may terminate the School's leasehold interest for violation or initiate u civil action in the District Cnnd for Eagle County, Colorado. 7.3 Purchase o[Improvements. When this Lease is terminated, the School shall rconorc my and all improvements that it may have erected on the Premises and restore said premises to essentially the auozo condition which existed at the inception ofthis Lease, (o the satisfaction of the Town. The 8oboo1 shall provide urestnru(ionbnodin the amount of$250,O0O,iu the form ofcash, letter ofcredit or other security acceptable to the Town ioits sole discretion, to guarantee i<s compliance with this Subparagraph. &. KNDEMNIFIC.NIION AN[) LIABILITY INSURANCE. To the extent by law, the Scboo|obaUiodconnifvuod keep harmless the Tovmzfi-ozu: 1) any expense incurred by the Tmmzio cn1obng into and performing this I.eooc; 2) any and all loonco, domogcs, rbargea or claims arising out ofthe operation ofuschool facility ou Town property, ino|odin!in/ithoot limitation from any violations of The \/iUugc Design Review Board and Ionn approvals, the School's Charter or state law ; 3) any and all losses. dannagua, charges or claims resulting from personal injury, dea1bur property daniage, OCCUrring ori the Prernises; and 4) any costs, including attorney s teeo`whetbcro[(|IcTopnn/\ttorocyorotbermttorueye,zc]uhogtu2)tbrouob4) above. 8.1 The School xbol|y|noe arid cuaintubnut all times, a1 its sole erponoc,u general UabiUt?ioynronccpolicyrvithrcupect\othe9rezniooaiupd`ichtbcbzokxo[ liability xho||6o not less two million dollars ($2,[00,000 for each occurrence and with aounnuo| aggregate coverage o [ not less 1boofive nzdUnu W_ M 8.2 All general |iabJitv insurance required ofthe School abaU include the Town eo aoudditioou| insured and shall include u provision requiring the insurer to give the Town d Iru'(30) days notice prior bocancellation. 8.3 Certifioutesof insurance issued 6v the insurer shall bofiledhy the School with the Town N,,-1 thin 10 days after the date of this Lease is executed by the School. g. PROPERTY 0N8DIZAINCE. The School shall obtain and maintain during the term of the Lease and nn?renewal period, property insurance inuo amount equal to or greater than the c, rcot appraised value of the school buildings and other improvements or tbo Proouiuco 10 inaoru said io�pruvcu�en1a p/iLbrespect to fire, flood, and other typical ]ocu| hazards, and cedifiuu1coof such insurance issued hythe insurer shall hu 'by the School with the Town within l0 days after the date of completion o[ the boi]diog and other improvements. The School agrees that if any or all of said impro,, -n�,.',nts are daniaged or destroyed, said damage shall be promptly repaired or replac, - ',oiit iinprovenients promptly erected on the Premises by the School, upp|yin�� ,reto any i000raocc payments received hyit; provided, however, that if said domo� oc destruction exceeds 50Y6nf the current appraised value oIsaid improvements, Uu` �chool obuD be required to repair orreplace said improvements only bothe evcn1i|is reasonable ot that time for dtucontinue operating a school oo the Premises. 10. UTILITIES. Ih� chool obo]i ho responsible for all utilities furnished for the Premises. Il. MAINTENANC The School ,haD keep and maintain the Preozuma` including improvements ox --e1aLou, iii u�!ond clean and healthful condition, making repairs n«neuooaarvati\s,./1e cost and expense. The School shall hc responsible for snow removal at is sol,, ,,.t and expense. 12. IMPROVEMEIN cost and expense, rep}acements,inq improvements th ouuu/og`ompror` erected oo the Pr coerebyycrozuomn |on aer than n:oco' improvements, o: �. The School ozuy with consent of the Town staff and a1 its sole uoyLiroe ondboru time to time make such alterations, changes, vcnucotx xnd udJi1ionxt* the Premises and the buildings and ,ii as it may dccni desirable, including the demolition n[any nA, and/or o1ructuze that now nr hereafter may he situate or scu` provided that the use of the Premises uau school site ionot terminated or abandoned, nor curtailed for n period oftime |yrequirud|oO �cct such u|tnrad replacements, 13. LIENS, The Sc; xbuJ} not yu��c orycnnk u lien to be asserted orfiled against the Prcozecnudobzc )fits oporu innsoractbitoy. If alien ia asserted ozfiled against the Premises, 1hc mu| ,;hall promptly oaoau the \bun to be removed, Upon failure 10 do so, the Town oudsfv and cuosctbc lien to be removed and the School agrees to reimburse the ii on deiuijiJ t'(,,i- the costs and expenses of any such proceeding. �� 14. CONSULTATW 4'. The parties acknowledge that, over the term of this Lease issues may arise concern.. ig implementation of this Lease that the parties have not now contemplated. Rc, )gnizing that a high level of cooperation between the parties is necessary and des" able, the parties agree to consult with each other from time to time concerning this Le se. The parties further agree that their respective representatives will meet to condi: 1 such consultation upon 10 days written request given by one party to the other , rty. In addition, each party shall from time to time designate in writing such part, "contact person" for all matters involving the administration of this Lease. 15. NOTICES. Any Mice required or permitted by this Lease shall be in writing and shall be deemed tr Dave been sufflicilently given for all purposes if sent by certified or registered mail, pC -Ige and fees prepaid, addressed to the party to whom such notice is intended to be L en at the address set forth on the signature page below, or at such other address as I;, been previousJy -furnished in writing to the other party or parties. Such notice shall ,deemed to have been given when deposited in the U.S. Mail. 16. DEFAULT ANT) considered materl: of the covenants (-, requirements of fl, written notice of a period of more party, without fur, terminate all rigL further force or c!', full force and effc damages. The Tc default itself and rate of eighteen ( to collect interest default in the eve, All terms and conditions of this Lease are In the even! 1 li,lt either party defaults in the performance of any greements to lie kept, done or performed by and under the [,ease, the ii(,ii-defaulting party shall give the defaulting party 1i default, an(-! if the defaulting party fails, neglects or refuses for a 10 days ti i �i f'ter to cure the default, then the non-defaulting er notice, may, in addition to any other remedies available to it, :Iid privileges �,i,iiifed in this Lease and this Lease shall be of no ct. If the nor �,!)ulung party elects to treat this Lease as being in the non -dell , tii-i,, party shall have the right to an action for further sb,,il' )c entitled, in the event of default, 1) to correct the �ssess the co,], th�reof to the School, together with interest at the percent per accruing from the time of assessment and 2) the rate of c is ..:cen (18) percent per annum from the time of If any moiic° or"lult. 17. WAIVER OF P! 'ACII. The t ver by any party to this Lease of a breach of any term or provisloii -this Lease iiot operate or be construed as a waiver of any subsequent breac, %, any party. 18. ASSIGNMENT, xeither party , lJs Lease shall transfer or assign any interest in the Premises t first obtain: �,,, 11- written consent of the other party. 19. SEVERABILIT If any prow: ,- ['this Lease or its application is finally determined to be i a I I d, void, c t"orccable by a court of competent jurisdiction, such provision si; be deemed � -c severable, and all other provisions of this Lease shall remain ftill,, forceable, �r is Lease shall be interpreted in all respects as if such provisions omitted. 20. PARAGRAPH CAPTIONS. 1"Ce captions of the paragraphs are set forth only for convenience and -,ference, and are not intended in any way to define, limit, or describe the see,- 2 or intent of this Lease. 21. ADDITIONAL DOCUMENT.,; OR ACTION. The parties agree to execute any additional docui-;cnts and to take any additional action necessary to carry out this Lease. 22. INTEGRATIO--' AND AMEN!' 1 -,'NT. This Lease represents the entire agreement between the par!' s and there are,, fu) (,!-al or collateral agreements or understandings. This Lease may 1 e amended onl,, by an instrument in writing signed by the parties. 23. NO THIRD PA' ° TY BENEF I ' '!ARTES. None of the terms, conditions or covenants set for,:i in this Lease 2a i I give or allow any claim, benefit or right of action by any tlwl person not aj-!rty to this Lease. Any person other than the parties to this Lease A+, )r which rece',, ., �(,!-vices or benefits under this Lease shall be only an incidental be, iciary. 24. GOVERNING LAW. This Lei shall be deemed to have been made in the State of Colorado, shall 1,., construed ur." ],,,Nvs of the State of Colorado and shall be binding upon aii�. 17nure to the b of the successors and assigns of the parties to this Lease. 25. IMMUNITIES ZESERVED. is the intention of the parties that this Lease shall not be construed .s a contractu, i -i',, er of any immunities or defenses provided by the Colorado Go �rnmental 1; Act § 24-10-101 et seq., Colorado Revised Statutes. 26. DATE. 'JO-4 —' I 2 .2006 CREEK ELEMENTARY SCHOOL "'N OF AVON i�onald C. Wolfe, Mayor W ETWOMI wn COUNTY OF EAGLE 6F Fd ISEA !tk ss. Subscribed ai,..,-1 sworn to befo�-e me this t- — day of '1"�v 2006, by "4ac 0%§-President of Stone C" k Elementary School, a Colqrad nonprofit corporation. (—�)—L- Witness my hand and official sal. My commission expires: STATE OF COLORADO ss. COUNTY OF EAGLE A rAk . 0 is MY 14/Qr7 IQ0 Ic The foregoing document was subscribed and sworn to before me this to day of J")-4 —, 2006, by Ronald C. V17nI fe as Mayor and Patty- McKenny as Town Clerk of the To of von. 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('D•or {� {y9 69 69 69 69 h > CD O O ' CD d CA tz) C40 p O O J oo v oo .P cr CD O 173 ' d cn 69 j i3- 69 w A i w h O O a a 0 h A� O P � P P c N� yO V i 1 n -s h O O A� h tD h Q O v CD CD CD (D� d (D CCD U' e`�-r- t-d CD ("D �� CD ran 69 69 J �-• oo J O O � J N O F4. a 0 a� J d d W 69 �yg Cn N Oo C3 h �D r� O 00 N -p N H cD (� CD n + n H RD -1 n Q `o H C n b Z CD CD 3 (D CD o CD o p n N ¢ CAD -� Q --++ CD �O N cn �� n S�- CAD h p mn �;• o pr h °. ('D•or h > CD O O ' CD d CA tz) C40 p O O cr CD O 173 ' d cn 69 j i3- 69 -z CD �. O Q "• O UOQ CD O-r N N `C p O p CD CD d p CD l 0 CD �s CD > CD Cj' h `C cn > CD CD H V K A7 p CD O_ O CD .-. uq O �4 P c N� yO V i 1 n -s h O O A� h tD h Q O v 'r_ . ^f/ -. \ ' I�I� io made and entered into thisa_;� dayof_Sfq, 1999,hv and between the EAGLE-VAIL METROPOLITAN DISTRICT, a corporation and political subdivision ufthe State of Colorado (the 'Iisbiut), the TOWN OF A\/ON,u Colorado municipal corporation ("Avon"), and EM[LIMITED LIABILITY COMPANY, u Colorado limited liability company, P\R]N}T7I.LC , u Colorado limited liability company, PVRTNOTIIILLC` uCnlozudo limited liability company, and PVR7NOTT III I.LC, u Colorado limited liability company (hereinafter collectively referred to as ^^EMD L]LC"). The UPPER EAGLE REGIONAL WATER AUTHORITY (the ^ "Authority"), oquasi-municipal corporation and political subdivision nf the State of Colorado, agrees tobu bound by the tucnzo and provisions of this Agreement as though a party to the Agreement to the extent obligated by its terms and conditions. A, WIfG8EAS'EMD LLC and the District entered into o water service agreement hhu^`�utor8�n�c� ldu1edMkzvl5,lg97`oudaoreodtnhvtbe Authority, by which `-- Agreement") agreed �d o1�ruoniu�toproy�dyon/o�d6v�2�IJL�C Lb�I)is�dutanddzu/�otbooLyu�ro provide ' ' pursuant 10 the 1ornzs and conditions contained therein; B. WHEREAS, EMDLLCia the owner nf approximately |,789 acres 'in Eagle County, Colorado, which land iomore specifically described inthe Water Service Agreement C. WHEREAS, Avon and the District are Contracting Districts, as that term is used and dnfioodio the Water Service and to an e4�ucouz,t - l8 l9�4 and oftbofbusdnnoor entered b�obypazdo participating districts, dated Soptnozhuc ` , one services to hopnovide^ by the Authority is the provision o[ treated water to the Coobuoiugg Districts, their inhabitants and others; D. WHEREAS, the Property ia situated such that either Avon or the District, in c��r�U� d��o��o conjunction with � is water service p/�u�u t o»zU '`""^"^^`�' ~--�'--`" on the Property; E. \��]BI<E�\�`Uz�Pronor�'bu� bouoannexed into Avon and E2�l�LLC � ^ � aodob�uudoumoftb��mbb�u� and Avon oovvdea�rthat /\vontake over the rcup000ib/U�cm -� set forth jothe Water Service Agreement; F. WHEIlEAS,EMD LLC and the District also entered into ao agreement dated May 15, 1997 regarding the sharing of tap fees (the "Tap Fee Agreement"); and N G. WHEREAS, EMD LLC, the District, Avon and the Authority desire that the Water Service Agreement and Tap Fee Agreement both be amended as expressly set forth herein, subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, the sufficiency of which are mutually acknowledged, the Authority, Avon, the District and EMD LLC agree as follows: 1. The Water Service Agreement and the Tap Fee Agreement shall remain in full force and effect, except as amended and modified as set forth herein. 2. The Water Service Agreement shall be modified as follows: A. ScrviQeContract. All references to "Service Contract" in the Water Service Agreement shall refer to the Amended and Restated Master Service Contract dated January 1, 1998, between the Authority and its Participating Members (as defined therein), and the amendments thereto; B. Subs titut ion .olAvon. Except as noted in paragraphs 2(D), 2(E) and 3(B) below, "Avon" shall be substituted for each and every reference to the "District" contained in the Water Service Agreement so that Avon shall be responsible for every obligation, responsibility and/or agreement of the District contained or referenced in the Water Service Agreement and so that Avon shall receive every benefit of the District contained or referenced in the Water Service Agreement, as amended hereby; C. ObligatiQnsllnder_Watff& 'i gee ment. The Authority and EMD LLC shall retain all of their respective obligations, responsibilities, agreements and/or benefits contained or referenced in the Water Service Agreement, as such may be amended by paragraphs 2(A) and 2(B) herein, and the District shall no longer retain any of its obligations, responsibilities, agreements and/or benefits contained or referenced in the Water Service Agreement, except as noted in paragraphs 2(D), 2(E) and 3(B) herein; D. Eagle-Park Reservoir. Notwithstanding the amendments and modifications set forth in this paragraph 2, the water storage option granted to EMD LLC at paragraph 7(b) of the Water Service Agreement by the District and Authority to purchase certain stock in the Eagle Park Reservoir Company shall remain in full force and effect, as written, without any of the amendments or modifications discussed in this paragraph 2, subject to all of the express terms and conditions relevant to the option as expressly set forth in the Water Service Agreement. -2- 100377 11 E. Use of Water Tines. The District agrees to allow EMD LLC and Avon to use or enlarge any of its water lines if reasonably necessary to provide water service to the Property and if such use or enlargement will not prevent the District from being able to provide water service to its residents. F. The last sentence of paragraph 1(b) of the Water Service Agreement is amended in its entirety to read as follows: The Authority and Avon acknowledge that EMD LLC will depend upon the water supplied under this Agreement for all of its potable water supply needs, except that EMD LLC may, with the consent of Avon and the Authority, which consent shall not be unreasonably withheld, supply its own potable water to the lots described as Lots 56 to 96, The Village (at Avon), according to the PUD1Sketch Plan approved by Avon. EMD LLC agrees that if such lots are served by individual wells, appropriate fire suppression facilities, as determined by Avon's fire chief pursuant to applicable regulations in effect from time to time and applied on a uniform and nondiscriminatory basis shall be included in residences constructed on those lots. Moreover, if such lots are served by individual wells and the wells subsequently fail, the parties hereto acknowledge and agree that neither Avon or the Authority shall have any obligation to extend water lines to affected portions of the Property. G. In paragraph 2(a) change "950,000 sq. ft. of commercial" to "650,000 sq. ft. of commercial." At the end of paragraph 2(a) the following shall be added: ltj0377 Nothing in this Agreement shall be construed to create any agreement or obligation on the part of Avon to provide or contribute water rights or water storage rights to the Authority or to EMD LLC for water service to the Property or the Additional Property other than or in addition to those water rights and water storage rights described on Exhibit D of this Agreement. H. Paragraph 2(b) shall be amended in its entirety to read as follows: EMD LLC agrees to lease without cost to Avon for sublease without cost to the Authority, which sublease is hereby consented to, a portion of the water rights described in Exhibit D attached hereto, sufficient to replace the consumptive use associated with development of the Property as ultimately decreed by the Water Court. In no event shall the consumptive use of development on the Property exceed the historic consumptive use of the water rights described in Exhibit D as determined by the Water Court. Any excess consumptive use credits quantified in the Water Case -3- and not required to replace consumptive use associated with development of the Property shall continue to be owned by EMD LLC, shall be unencumbered by this lease and may be transferred or sold at EMD LLC's sole discretion. I. Paragraph 2(c) shall be amended in its entirety to read as follows: Water SQDdcP.Lo�he Pronertv. The Authority shall provide retail water service to individual users within the Property, pursuant to the Service Contract, in an amount sufficient to meet the needs of the Property and on the same charges, terms and conditions as provided to the other customers of Avon. Paragraph 3 shall be amended in its entirety to read as follows: Service C11ar=. As a condition to continuing service to any portion of the Property, the owner of such property shall pay Plant Investment Fees to the Authority which shall be determined, charged and collected in the same manner as to the Contracting Districts. Service charges for the provision of water service to the Property shall be billed by and paid to the Authority; provided, however, Avon shall retain the right to impose a surcharge in addition to such service charges. It is the parties' intent however that service charges, and any surcharge, for water service to the Property shall be charged on the same basis and at the same rates as to other customers of Avon. K. Paragraph 4(b) shall be amended in its entirety to read as follows: e billing and collection Meter to EMD LLC in the =!==y the same mariner as provided to other customers of Avon. L. Paragraph 6 shall be amended in its entirety to read as follows: operaiQn-andllaintcnanu,- ervices. Avon or the Authority, as may be determined between them, shall be responsible for maintenance and operation of the main line extension(s) to and through the Property and the Storage Tank. EMD LLC shall be responsible for all necessary maintenance and repair of Nottingham Reservoir. EMD LLC acknowledges that the services provided by Avon or the Authority do not include maintenance and repair of EMD LLC's other internal water distribution facilities within the Property. 0 1tj0377 �1 LJ E M. Paragraph 7(a) shall be amended to add the following two sentences at the end of the paragraph: The application filed in Case No. 97CW306 did not include the Additional Property, but EMD LLC may, through a separate application, seek to amend the augmentation plan or file a new plan to replace depletions associated with the Additional Property. Avon agrees to and approves the application as filed in Case No. 97CW306, subject to the final decree reflecting water service being provided by Avon and the Authority (rather than the District and the Authority) consistent with this Agreement. N. Delete paragraph 9. 0. Paragraph 10 shall be amended in its entirety to read as follows: Service to Addi io al Pronertu. EMD LLC or its affiliates own an additional 175.5 acres located adjacent to the Property in a portion of the NI/2 of Section 10, T. 5 S., R. 81 W. of the 6th P.M. (the "Additional Property "). The Additional Property is further described on Exhibit F attached hereto. In the event EMD LLC, its affiliates or successors elect to obtain water or fire service for the Additional Property in the future, such service shall be provided on the same basis as service to Avon's customers, provided that the Additional Property shall pay 1) for water, an amount equal to the cost of service plus the estimated mill levy attributable to water service for which such property would be responsible if it were a part of Avon, and 2) for fire protection, an amount equal to the estimated mill levy attributable to fire service for which such property would be responsible if it were a part of Avon. EMD LLC agrees that if the Additional Property is to be served by individual wells, appropriate fire suppression facilities , as determined by Avon's fire chief pursuant to applicable regulations in effect from time to time and applied on a uniform and nondiscriminatory basis shall be included in structures constructed on the Additional Property. Moreover, if the Additional Property is served by individual wells and the wells subsequently fail, the parties hereto acknowledge and agree that neither Avon or the Authority shall have any obligation to extend water lines to affected portions of the Additional Property. Tap fee allocations shall be on the same basis as for the Property, itself. -5- ttj0377 follows: 0 0 P. Paragraph 11(e) of the Water Service Agreement shall be amended as (c) Remedies Upon Default. Upon the occurrence and continuance of an event of default, the nondefaulting party shall be entitled to enforce the provisions of this Agreement in law or in equity, and relief in the nature of specific performance or damages or both may be awarded, subject to the provisions of the laws of the State of Colorado. The prevailing party in any legal action shall be entitled to the recovery of its costs and expenses of such action against the defaulting party. Costs and expenses shall include, without limitation, reasonable attorneys' fees not to exceed a maximum of $175,000. 3. Paragraphs 1 through 5 of the Tap Fee Agreement shall be replaced in their entirety with the following: A. Collection of Tap Fees. Avon agrees that it shall collect all residential and commercial tap fees for taps on the Property. However, if Avon does not collect a tap fee within a reasonable period of time, EMD LLC or its successors and assigns shall have the same right as Avon to collect such tap fee. Avon agrees that the tap fees shall be calculated and collected in the same manner as for all others who receive such service from Avon. B. Allocation of Tap Fees. EMD LLC or its successors and assigns shall be entitled to receive one - hundred percent (100 %) of all tap fees collected for taps on the Property, but shall be required to convey to the District twenty percent (20 %), but not less than $800, of each such tap fee within 30 days of receipt of the same by EMD LLC. C. Water Development Fee. Avon agrees that EMD LLC or its successors and assigns shall have the right to charge and retain any amount in excess of the regular tap fee charged by Avon for the development of water service on the Property (the "Water Development Fee "), and Avon agrees to bill and collect any such Water Development Fee together with its regular tap fees. The District is not entitled to any portion of the Water Development Fee, except that in the event that no regular tap fee is charged by Avon and EMD LLC, the District shall receive the twenty percent (20 %), but not less than $800 per tap referenced above out of the Water Development Fee within 30 days of receipt of the same by EMD LLC, which agrees to assess at least that amount as an excess fee. D. No Impairment of Fees. Avon agrees that it shall not undertake any action in the future which impairs or impedes EMD LLC or its successors' and assigns' right and ability to receive Avon's regular tap fees and the Water Development Fee for new taps on the Property. E. Additional Property. Pursuant to paragraph 10 of the Water Service Agreement, as modified herein, in the event EMD LLC, its affiliates or successors elect to obtain water service for the Additional Property in the future, Avon has committed to provide such service and the parties agree that the terms and conditions of this Agreement shall then also be applicable to the Additional Property. -6- Itjo377 ■ 11 4. Except as expressly amended or modified herein, all other terms and provisions of the Water Service Agreement and Tap Fee Agreement remain unchanged and in full force and effect. Executed as of the date first set forth above. EAGLE-VAIL METROPOLITAN DISTRICT, a quasi-municipal corporation of the State of Colorado EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By:_ Title: PVRT NOTT I LLC, a Colorado limited liability company By: Title::il? -7- Rj0377 I ltj0377 m STATE OF COLORADO ) } ss. COUNTY OF f } The foregoing First Amendment to W ter Service and Tap Fee Allocation Agreement was ac ledged before me this '2- day of , 1999, by .,; _I as ow � � C, �/ of the Town of Avon, a municipal corporation of the S ate of Colorado. commission expires" my hand and official seal. STATL OF COLORADO } } ss. COUNTY OF1t ) A' The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement was acknowledged before me this +01 day of err - , 1999, by i l,J as of each of EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOT II LLC, and PVRT NOTT III. LLC, each of which are a Colorado limited liability company. ltj0377 My commission expires f Witness my hand and official seal. -9- STATE OF COLORADO ) ss. COUNTY OF _ } The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement ___�as acknowledged before me this s� day of , 1999, by i�� as r a; r�Sic7.' the Upper Eagle Regional Water Authority, a quasi - municipal corporation of the State of Colorado. My commission expires' �2C� Witness my hand and official seal. 1tj0377 Notary -10- n t E "r October 23.2O08 Eagle River Water and Sanitation District 846 Forest Road Vail CO 81868 Dear Sir orMadam: This letter will serve as notice to the Eagle River and Sanitation District that the follovAng tap fees have been waived for one year for Stone Creek Elementary: Village atAvmn/TmenrCreek Incremental Sewer Tap Fee (1^Meter) $3'921.00 Village sdAvon/TnaerGreek Water Development Fee (1^Meter) $5.200.00 You may call me}f you have any questions. Sincerely, Dan Leary � President ' Traer Creek Metropolitan Di4trict 8 TOWN OF AVON, COLORADO RESOLUTION 06-29 SERIES OF 2006 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN AND TRAER CREEK RP, LLC WHEREAS, by Resolution No. 06-30 the Town Council will approve a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY ("the School Lease") whereby the Town will lease Lot 5, The Village at Avon, Filing I ("Lot 5 "), to Stone Creek Elementary for a term from July 1, 2006, to June 3 ) 1. 2007; and WHEREAS, Lot 5 is currently designated as a public works site pursuant to the Annexation and Development Agreement for The Village (at Avon); and WHEREAS, Traer Creek RP, LLC has proposed to enter into a LICENSE AGREEMENT to provide to the Town an alternative public works site during the term of the School Lease; NOW, THEREFORE, BE IT RESOLVED: 1. The LICENSE AGREEMENT, a copy of which is filed with the minutes of this meeting, is hereby approved. 2. All action heretofore taken by the officers of the Town of Avon relating to the same is hereby ratified, approved and confirmed. 3. This Resolution is contingent upon the adoption of Resolution No. 06-30. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th day of June, 2006. ATTEST: T_ IF S F At ............. 1, r4" C Ronald C. Wolfe, Mayor LEASE AGREEMENT THIS LEASE AGREEMENT (this "Agreement"), made effective as of the 1sT day of July, 2006 ("Effective Date"), is among TRAER CREEK RP, LLC, a Colorado limited liability company ("Landlord") and the TOWN OF AVON, a municipal corporation of the State of Colorado ("Town" OR "Tenant"). RECITALS A. WHEREAS, Landlord is the owner of that certain real property, I'a-lown as Tract B, The Village (at Avon) Filing 3, according to the plat thereof recorded June 29, 2004 at Reception No. 882176 of the Eagle County, Colorado real property records. Such Tract is also informally known as Planning Area N South on the Village (at Avon) PUD Development Sketch Plan. B. WHEREAS, Landlord desires to lease 4.0 acres of the 5.765 parcel, known as Tract B (or Planning Area N South), to Tenant, as more specifically set forth in the attached map hereto and incorporated herein as Exhibit "A" ("the Premises"). Whereas Landlord further desires to grant Tenant access to the Premises as more specifically set forth in Exhibit "A." C. WHEREAS, Tenant desires to lease the Premises for a period of one year for snow, equipment and vehicle storage. D. WHEREAS, Landlord has agreed to allow Tenant to use the Premises for snow, equipment and vehicle storage, subject to the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration paid by Tenant, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of Lease to Ten Subject to the terms, covenants and conditions set forth in this Agreement, Landlord hereby leases the Premises to Tenant, and its employees., contractors, agents and invitees, to use and possess the Premises during the Term of this Agreement for storage of snow, equipment and vehicles. Landlord further grants to Tenant access to the Premises as specifically set forth in Exhibit A. Tenant shall use the Premises only for the purposes described in this Agreement. 2. Term of Lease: The term of this lease (the "Term") shall commence on the Effective Date hereof and terminate at 11:59 p.m. MST on the 365"' day following the Effective Date. 3 Additional Obligations-' (a) Tenant shall, at its sole cost and expense, promptly comply with all applicable laws. rules and regulations relating to the Premises. Tenant shall further be obligated to comply with all environmental laws, federal and state rules and regulations and ordinances, as it would have to comply with such obligations on its own property. Tenant, however, shall not be obligated to do more than that which it is already obligated to do pursuant to those laws and should Tenant comply with those laws, Landlord shall hold Tenant harmless from any claims by Landlord, its successors or assigns arising out of the handling, treatment, storage or disposal of any hazardous or toxic substance as defined under any applicable state or federal law including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act. (b) Tenant shall keep the Premises in a neat, clean and sanitary condition, consistent with the uses set forth in this Agreement, at all times during the Term of this Agreement. 4. Alter ations: Tenant shall make no material alterations, additions or improvements in or to the Premises without Landlord's prior written approval and consent for items and or improvements. 5. Insurance: (a) During the Term of this Agreement, Tenant shall maintain, at its sole cost and expense, the following policies of insurance: (i) Commercial general liability insurance in an occurrence format in an amount of $3,000,000 per occurrence, including the following coverages: contractual liability, personal injury, broad form property damage, and independent contractors insurance. Such policies shall include a provision requiring a minimum of 30 days' notice to Landlord of any change or cancellation. Landlord shall be named as an additional named insured as its interests may appear on this policy. (ii) Comprehensive automobile liability insurance on all vehicles used in connection with this Agreement, in an amount of $1,000,000 combined single limits for bodily injury and property damage, per occurrence. Tenant shall legally obligate its subcontractors, either contractually or otherwise, to obtain identical coverage. Landlord shall be named as an additional insured as its interests may appear on Tenant's and any subcontractor's policies. (b) During the Term of this Agreement, Landlord shall maintain, at its sole cost and expense, its current commercial general liability insurance on the immediately adjacent property to the Premises, known as Tract G, The Village (at Avon) Filing 3. 6. Quiet Enjoyment: Landlord covenants and agrees with Tenant that upon Tenant observing and performing all the terms, covenants and conditions of this Agreement on Tenant's part to be observed and performed, Landlord shall not, subject to Section 9, below, disturb Tenant's peaceable and quiet enjoyment of the Premises during the Term of this Agreement. 7. Acceptance of Premises: Taking possession of the Premises by Tenant shall be conclusive evidence against Tenant that the Premises were in good order and that the Town accepted the condition of the Property when possession was taken. Notwithstanding that fact, the Premises is made available to Tenant in its "as is" condition on the commencement date of the Term. M 8. Landlord Access to -Premises: Landlord and its agents, upon reasonable notice to Tenant, shall have the right to enter the Premises at all times to examine them, to show the Premises to prospective purchasers, mortgagees, lenders or others, and to make and perform such maintenance or repairs as Landlord may deem necessary or desirable, on the condition that Landlord shall use all reasonable efforts to minimize interference with the Tenant's operations. Further, absent a formal assignment of this Agreement, greement, any new owner of the Premises shall also have the right of entry. 9. Assignment..and Subletting: (a) Tenant shall not assign, convey, mortgage, hypothecate or encumber its rights in this Agreement at any time during the Term hereof without the prior written consent of Landlord. (b) Landlord may assign, convey, mortgage, hypothecate or encumber its rights I i and obligations in the Premises at any time during the Term hereof without the prior wri tten consent of Tenant. 10, Indemnity: (a) To the full extent allowed by law, Tenant shall indemnify, defend and hold harmless Landlord, its subsidiaries and affiliates, and their respective agents, officers, directors, servants and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death of any person or damage to property of any kind, which damage, loss or injury is caused by the breach of this lease or the willful misconduct or negligent acts, errors or omissions of Tenant, its subcontractors or any person directly or indirectly employed by them, or any of them, while engaged in any activity on or associated with the Premises. (b) To the full extent allowed by law, Landlord shall indemnify, defend and hold harmless Tenant, its agents, officers, directors and employees of and from any and all costs, expenses (including without limitation reasonable attorneys' fees), liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss., cost., damage or injury, including death of any person, or damage to property of any kind, which damage, loss or injury is caused by the breach of this lease or the willful misconduct or negligent acts, errors or omissions of Landlord, its subcontractors or any person directly or indirectly employed by them, Traer Creek Metropolitan District, or any of them, while engaged in any activity on or associated with the Premises. 11. Default: If either party neglects or fails to perform or observe any o ' of the terms or covenants herein contained to be performed or observed by that party, and that defaulting party fails to remedy such default within ten (10) days after receiving written notice specifying such neglect or failure (or within such period, if any, as may be reasonably required to cure such default if it is of such nature that it cannot be cured within such 10 -day period, provided that the defaulting party commences to remedy such default within such tell-day period and proceeds I with reasonable diligence thereafter to cure such default), that party shall be declared in d efault of this Agreement. WIM NOW a 12. lf Tenant shall default under this Agreement ao set forth io Section ]l, Landlord shall have all remedies at law mequity, including but not limited to Landlord's right to terminate this Agreement, re-enter and take possession of the Premises and/or pursue any :1aLuLnci/y mandated court proceeding. If Landlord shall default under this Agccezoeo1 as set forth in Section ]l` Tenant shall have all remedies at \av/ or equity, iuc1udiug but not limited to the remedies of upooifio pur{oonuuuu or {conivaboo of this f\gJeeozon1. The remedies of Landlord and Tenant shall be cumulative and the exercise of one remedy shall not be deemed to have been an election of remedies to the exclusion nf any other remedies available. No delay or omissions by either party to exercise any right or power arising from a breach by the other party of any of the terms of this lease shall impair any such right or power or shall be construed to be a waiver of any breach uruo acquiescence therein. ll AJ the expiration ofor earlier termination ofthis Agreement, Ieouot shall quit and surrender the Premises to Landlord in as good order as they were in on commencement date of the Aur�cr0001oodvvdboorna1ero1 change ttorothe cooddioothey vvero - in on that xnunc date, with all temporary improvements thereon removed, subject to the provisions of](a)hereof. 14. Waiver of Subrogatio Landlord and Tenant respectively waive all rights of recovery against the other, or the officers, directors, employees and agents of the other, for loss of or damage to such waiving party of its property or the property of the other under its control, arising from any cause insured against under the standard form of fire insurance policy (with all permissible extension endorsements covering additional perils) or under any other policy of insurance carried by such waiving party in lieu thereof 15. Holdover In(becveut Tenant rcu�u�siu possession o[ the Prcozacsu�er vdtbonttbc ��cou�ioo ofuu�n'l�ao� T�nooL a1 the option of tboo��mt�ouo1uo�/.�os�. uou . _ Landlord abuJl be deemed 10 he occupying the Premises as a Tooun1 from onoutb to znnotb. Tcnuo1 shall be entitled to occupy the Premises at the current rental rate for o period of six zunntba Ibcrcn�cz,Touuu�abaUb�z�quir�d�opuytoI.uudlordzentiotbca000un\of$l,666.0O � per month, constituting fair market value of the Premises. Rent shall h cym id on the Is' day o[the month. -- ziog the holdover period in gnco�oo" all of the tern-is and conditions hereof then in effect (excepting the rent provision) o bul/ remain in effect for the eutizeholdover period. lb. Subordination, Non-disturbance and Attornment: (a) Ddx�ueis�m)��o��d�bmd��etomymo��*�ch�yb�o�� affect this � or��n�{��-fv��1��o�moun��id�U��eu�� — � iueobatuuu� drt�:c1tbo1[ho 6v acceptance o1 n�od�u��xbulonotaivayrov/sunz oo *xv^��u��c, , the nuortgog--covenants and agrees on behalf of itself and those a1 any �zueholding by, through or under it '`rthe bcuefit of Tenant, and those, u1 any dnucholding by, through or under Tenant, b�--l�ouT�oantsbaUbav000�eroduoBveotof[}efaul1undcrtboprovimiuoso{tbia ' -' '�- Lease and notice oltcrozzo o1 termination o {db�/ m Lease shall have been given as provided in this Lease � and not revoked, the holder of any such mortgage to which this Lease may ho subordinated shall 1 �nioT�oantoruoyuu�bo)din�by �oonohoznodc�T�000touo�m��d�t�odantor no noro�orJ , =�� otherwise in any suit, action or proceeding fb the foreclosure of such mortgage or in any mariner interfere with Tenant's rights hereunder and Tenant shall not be disturbed in � �o�c� or aoyon�bo�di��by, c oyueot of the Premises ordun:ato herein bythe Mor 4 or under the to the end tb�� oz do ��aoc oodtb�poao�aaiouoftb� Premises through Tenant shall not bc disturbed oz affected by reason of such foreclosure. lu lieu nftb*oon- diutorbnouepzovixiouboiugcootuioedintbcoortgogc,au ob provision nun b e contained iva separate non-disturbance agreement delivered by such mortgagee to Tenant which agreement Tenant shall promptly execute upon request. (6) This dausoabuUho�l i and oofu�bcrbns�uozeotnf subordination sb�lbereqo�cd' y any mortgagee, affecting any lease or the real property o[ which the Premises are apart Lu confirmation of such subordination, Tenant shall execute promptly any certificate that Landlord may request. 17. ~� - Any notice, or communication which either party may desire or be c required to giv e to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or ocot by first class United States mail, postage prepaid, addressed as follows: If to : Troor Creek RP, LLC P.0. Box 9429 322E. Beaver Creek Blvd. Avon, Colorado 8l6Z0 lftoTENANT: Town ofAvon P.O. Box 975 400 Benchmark Road Avon, CO 81020 Either party shall have the right to designate in writing, served as provided above, u different address Lu which any notice, demand or communication iatobezuuilcd. lQ, Certific ��o��d�u�o�l,��,��yb��d��d� -�------- to time, within ten (lU) days after request h the other, execute, acknowledge and deliver uo estoppel cortifioa1econtaining such information asthe party requesting the same may reasonably request. 19. Paragraph or other headings contained in this Agreement are for referenced d are not intended to affect in any p/oy the zoeuuiog or interpretation of this Agreement. 20 This /\greeroeo1v/iUnot hu binding 000rconstitute evidence ofa � contract between the p udi �o until such time uoi1 has been executed by each party and aooriginal thereof delivered Lo each other party to this Agreement and <atitl Ratification has occurred. ��iuDtboto tbcnaditobnrctoo�ro��onx�outocox� 2l " ' �}iv�zod such d0000�uolnand tu do, or cause tohedone, d�U��r, ortnoons�zon��xucu�ouu��uu . " sncb other acts and things as might tr�oaouah}�b�zoguircdinwrd�rtocoonoor�eotnaiutbc ,iub� ti � provisions nf this Agreement. There are no representations and warranties by the parties, their agents, servants and employees whether oral or in writing, relating to or concerning this Agreement other than as specifically set forth herein. Each of the parties hereto warrants and represents to the other that it is authorized or empowered to enter into this Agreement and perforin the terms hereof 23. This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior written and oral agreements and understanding relating to the subject matter hereof. 24. This Agreement may not bcruocUficd. amended or discharged except byoo instrument in writing signed 6v the parties hereto. No waiver or consent may be enforced unless such waiver or consent shall beio writing and signed hythe party against nhozo enforcement thereof ixsought. 25. This Agreement shall be governed by the laws of the State of 26. This Agreement obuU be binding upon` and inure tothe benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 27. No Negative Inference Against Preparer: This the result of incy negotiations between the parties, each of whom is represented by counsel of its own choosi All parties shall be deemed to have drawn this Agreement and no negative inference or interpretation shall be made by a court against the party whose counsel drafted this Agreement. 28. No /\ This Lease Agreement and the intended use of the ----� i�t d b d d not require or effect aroodifloa1ioo 10 or amendment of the �rcozocs az��000 � by uu z�qo Annexation and Development Agreement between Traer Creek and the Town of Avon, the Village (at Avon) PUD Guide, or the associated PUD Development/Sketch Plan (collective]y, the "Development P}uu"). Operation onun interim basis of snow, equipment and vehicle storage at the \oualinu specified in and odborvvae subject to the terms and conditions of this Lease Agreement will not boconotnzed as limiting any future uses within Tract R' The Village (a1 Avon) Filing 3 Development by Owner or the Town of any rights under the agreements constituting the Development Plan. Opczu1ioou of the Town pursuant 1othis Lease /\gcoeo\eu1 are intended to he on uuindcrirobasis only, and do not constitute 0000uzoitoeo1hyLandlord that the Iovvu`o operations will be housed on upeouaueo1 or semi-permanent basis at this location or otherwise p/i1bio the Village (at Avon). 29. Traer Creek Design Review and Special Review Use: Landlord b U not unreasonably p/i1bbold any approval by the Truer Creek Design Review Board tothe Iovvo of Avon or unreasonably withhold any consent to the special review use by the Town of Avon, and for which relate to any matter necessary to carry out the purpose of this Agreement. IN WITNESS WHEREOF, the Parties have hereunto caused this Lease Agreement to be executed on their behalf the day and year first above written. M TRAER CREEK RP, LLC, a Colorado limited liability company 91 Na Tit TOWN OF AVON, a municipal corporation of the State of Colorado By: Name: 0 R D Im Ld) C' Title: 40� IA 0 S R A % I. Ja AND z to I 1-ge O 00- APM Q IMM, .......... . . . . . . . . . . 1 1T iN- Miii -m at" gffl"q!, ins ............. ........... - - -- -------- SAO SW MIWZM c M278n=02 1� _l't_l_= 4 1_Ll'J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: November 6, 2006 Re: Intergovernmental Agreement for Animal Control Service Summary: The Police Department is recommending approval of the attached IGA to allow Eagle County Animal Control to provide service in the Town of Avon. Previous Council Action: The council previously approved the Police Department's budget, which included the contracted fees for this service. Background: Avon is the only community that does not currently contract with Eagle County for Animal Control service. Avon police officers have been given the responsibility to provide this service; however, the Police Department does not have the proper facilities, equipment or training to safely impound animals. Discussion: Under the IGA the County will provide the following to the Town of Avon: • Minimum of 32 hours of patrol per month. • Twenty -four Hours per day emergency on call service. • Animal shelter service. • Investigation and reporting of animal bite situations. • Enforcement of the leash law by citing violators into the Municipal Court. Financial Implications: The contract will cost the Town of Avon $1,512.00 per month. The service and fees will be reevaluated July 1, 2007. Recommendation: Town Attorney, John Dunn, has reviewed and approved the IGA. It is recommended that the attached IGA with Eagle County for animal control service be approved. Alternatives: If the IGA is not approved the Avon Police Department may continue to provide limited service to the community. Town Manager Comments: a INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of , 2006 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 30 -11 -101, as amended. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency on Call services is defined as emergency calls received by the County for which Animal Services assistance is required and no Animal Service Officer is on duty to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by the County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide general Animal Services within the Town of Avon The County shall provide: A) A minimum of 32 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. The patrols shall be performed on a daily basis throughout the month. The scope of these patrols is to be designed to produce voluntary compliance and uniform administration of the Pet Animal regulations. B) Twenty -four (24) hours per day Emergency On Call service. C) Administration and enforcement of the Eagle County Animal Service Resolution presently in effect and as may be subsequently amended as applied within the Town of Avon or the Municipal Ordinance as may apply. D) The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Avon. E) Emergency on Call service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service Officer is not immediately available to respond to an incident or emergency, the Town of Avon will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Service Officer arrives to resolve said incident. F) Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the town are animals impounded within the Town of Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. I SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town's agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. The Town of Avon agrees to pay the County, monthly, the sum of $1,512.00 based on estimated patrols and on estimated annual sheltering requirements. The Town of Avon agrees to pay the County, on or before the fifteenth of each month, for services rendered the previous month. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. The Eagle County Animal Services Officer shall have full cooperation from the Town of Avon, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Services for the Town of Avon, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3, above, and except for employees of the operator of the Shelter. 8 A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co- insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION. This Agreement is effective January 1, 2007 and shall end on the 30th day of June 2007. This agreement will be reviewed prior to termination in order to give both parties the opportunity to determine the effectiveness of the agreement. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination, and both parties shall be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: Town of Avon, Chief of Police PO Box 975 Avon, CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. 8 F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By: Clerk to the Board of County Commissioners ATTEST: Town Clerk 6animakEagle.con COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Peter Runyon, Chairman TOWN OF AVON am Mayor VA To: The Honorable Mayor and Town Council From: Jane Burden Thru: Robert Reed Date: November 7, 2006 Re: 2007 ECO Transit Winter Service Agreement Summary: Attached is a copy of the Agreement between the Eagle County Regional Transportation Authority (ECO) and the Town of Avon. The Town of Avon is entering into an agreement with ECO Transit to provide: a.) parking of up to ten buses at a charge of $100 per bus / per month, b.) fuel for the buses at Town of Avon budgeted costs including a 10 percent mark up, c.) repair and maintenance of said buses as requested by ECO at a charge of $95 per man hour, commencing on December 1, 2006 and ending on May 15, 2007. Previous Council Action: This agreement is the fourth winter agreement between the Town of Avon and ECO Transit. Winter parking space, fuel, maintenance, and bus washing agreements for tip to 10 buses have been approved for three consecutive years. Background: ECO Transits current facility is in Gypsum which does not allow them to switch or start buses out for up valley routes in a timely manner. Their system incurs dead head miles, (miles in which the bus is going to and from scheduled route service), because of this down valley location. The Swift Gulch facility allows parking for the county bus system at an affordable rate. Discussion: This agreement will allow ECO Transit to park, up to 10 buses at the Town of Avon Swift Gulch Facility for the winter season. The agreement enables ECO to start a route from a more centralized location with the added ability to switch a bus out promptly thereby saving, ECO the cost of dead head miles. The Town of Avon is provided a source of revenue for parking space. This agreement is part of a continuing effort to consolidate public transportation services and keep costs to a minimum. Financial Implications: The Town of Avon will be paid the $100 per month plus fuel charges of cost plus ten percent. Bus maintenance will be billed at $95 per hour with prior approval from ECO Transit. Bus washing is $45 per wash. Average total monthly billings from the 2006 ECO Transit Summer Service Agreement were $300. Recommendation: Staff recommends approval of this service agreement between The Town of Avon and ECO Transit. Alternatives; The agreement could not be approved. The Town of Avon would not receive the additional revenue. Proposed Motion: Move to approve the 2007 ECO Transit Winter Service Agreement. Town Manager Comments: —A, --7-4 SERVICE AGREEMENT THIS AGREEMENT is entered into the day n[ November, 2006, between Board of County Commissioners of Eagle County acting through the Euu|c County Regional Transportation Authority doing business as ECO Transit ("ECO") and Town of Avon ("Avon"); ITlS AGREED nsfollows: l. Services. During the teouo[ this Avon will provide the following kA Parking ofupto|0 buses olu charge o[$]0O per month per bus. (b) Fuel at budgeted cost including 10% (ten percent) mark up. (c) Repair uod mai as b«EC(),a1u o[$90.0Uper man hour starting \,2O07. Boa washing charges utu rate o[$45.00 per bus. No payment for any repair or maintenance shall bo due unless EC() has approved o[ the work. Services may be commenced with verbal approval byTICUo[u written estimate submitted by Avon. Subcontractors may perform certain repair work, for which cost o[the work will be charged. Avon shall be responsible for assuring that subcontracted work isperformed promptly and in accordance with this Agreement. 2. Facilities. Avon represents that its facilities are io good condition and adequately equipped and that i1has u sufficient staff b` perform all work, in u timely manner. �Billing for Services. /\n invoice will bc issued hm the tcnth day of each month for services performed during the previous month. Payment is due within thirty duvo of receipt of the invoice. 4. Term and Termination. The term o[this Agreement will run from L)cocozber l, 7006, through May l5`2006` unless sooner terminated iu accordance with this Agreement. The parties desire 10 implement this Agreement as soon as possible. The signatories have the authority b) bind Avon and BC()to the terms and conditions o[ this Agreement. However, continuation of this Agreement is contingent upon the subsequent ratification of the same by Avon council action and by board action of both the ECO Board and the Board of County Commissioners of Eagle County a1 their next regularly scheduled meeting. In the event n[ breach o[ this Agreement by either party, the other party cuay1croziuu1e this Agreement upon seven days written notice unless the breach is cured within the seven day period. Either party may terminate this Agreement without cause on thirty days written 5. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership or joint venture. Avon shall be solely responsible for payroll withholding and payment of taxes as well as payment of unemployment compensation and other employment related benefits. 6. Warranty. Avon will promptly correct any defective work appearing within one year after services are performed. This warranty shall be in lieu of all other warranties, express or implied. Avon's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. SIGNED the day of , 2006. TOWN OF AVON By: EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY 0 0-=61 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: November 9, 2006 Re: Resolution No. 06-42 Reappointing Municipal Judge C.G. ("Buck") Allen, III Summary: The Resolution appointing the Municipal Judge complies with the Avon Charter, Chapter 10 Section 2. — "The Council may reappoint the municipal judge for a subsequent term of office which expires on the date of the organizational meeting of the Council after the next general election." The Charter reads that the appointment by the Council is for a specified term of not less than two years. After a request for proposal was posted and interviews conducted with five applicants on October 24, 2006, the Council supported reappointing Buck Allen for another term; this resolution satisfies that requirement. TOWN OF AVON, COLORAOD RESOLUTION 06-42 SERIES OF 2006 A RESOLUTION REAPPOINTING C.G. ALLEN, III MUNICIPAL JUDGE WHEREAS, C.G. ("Buck") Allen, III was heretofore appointed Municipal Judge of the Town of Avon; and WHEREAS, the aforesaid C.G. Allen, III has served as judge to the satisfaction of the Town Council, and it is the desire of the Council that he be reappointed. NOW, THEREFORE, BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the organizational meeting of the Town Council after the general election to be held in 2008. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 14"' day of November, 2006. Mayor ATTEST: Patty McKenny, Town Clerk i � a 0 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Fromm Scott Wright, Finance Oi Date November Q.200G Re: Adoption nf2007Budget Surnma The Town's final revised operating budgets for 2006 and the proposed 2007 operating budgets are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. The resolutions levying property taxes for the Town and the Avon Metropolitan District will be presented for adoption at the December 12 tx council meeting due to the timing of the receipt of the final certification of assessed values from the County Assessor. Previous Council Action: Previously, the Town Manager presented his recommended budget at the Council budget retreat held on October 1»m and 11m Subsequent to the budget retreat certain changes were incorporated into the budget st the request of Council. Changes for the 2007 proposed budget included $8.000 in appropriations for additional SWAT team training and supplies, $2.000 for the purchase of bus passes for employees, and o reduction of$3.538 in membership dues for the 1'78 Coalition. These changes were all in the General Fund. In addition, $285.000 in operating transfers out was added to the VVeher Fund for the Metcalf Ditch Drainage project. Finally, at the last council meeting a public hearing was held for members of the public to comment on the proposed 2O07budget. Staff recommends that Council adopt the resolutions discussed above as presented. Page Town Manager Comments: A'2007 Financial Overview, Total - All Funds B-2007 Financial Overview, Total by Fund C— Resolution 0S-43 D— Resolution 0G-45 0 Page 2 �_ TOWN OF A~~~^~ Financial Overview nEvsmuEa Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Special Assessments mvonunont Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfers-in From Other Funds Capital Lease Proceeds TOTAL REVENUES eXpEwonuREo G*n*m| Government and Finance Community Development Public Safety Public Works, Engineering and Utilities Transportation and Fleet Maintenance Recreation and Culture Total Operating Expenditures Contingency Debt Service Capital Improvements and Equipment Replacement Other Uses Transfers-Out ro Other Funds TOTAL EXPENDITURES NET SOURCE (uoE) oFFUNDS FUND BALANCES, Beginning orYear FUND BALANCES, End nfYear Original or Pmv.xmnou. Actual Budget 2005 2006 Final Revised proposed Budget Budget 2000 2007 $ 12,057.347 $ 11,421J05 $ 11,863,809 $ 11.919,172 249,032 830504 032,004 780100 1,179.e85 2.378.488 2.714.902 3.e71.544 5.081,453 6.614.8e5 8,403,478 7,46e137 53,448 59.900 74.350 80.250 31,464 2318940 2,329,448 26106e0 440.097 203.508 550.974 000.974 838,679 416,378 506,419 1,629,883_ 20,537,385 21,925,431 23,025,937 26,357,060 6,25 4,500 27,70 345,50 2.535.361 2.385.107 3.867.410 3.272,469 93,426 170,000 170,000 167,500 23,172,427 24,485,038 27,191,121 1.742.e61 2.062.824 2.226,45e 2.3ee.004 532,290 e34.384 938,545 1,009,363 1.667.280 1.903.228 1.811.582 2.219.e46 2J40931 3,107,45 3.171/517 3,807,765 3.914.775 4,45*.0*3 4,612,300 5,030597 2024014 2318940 2,329,448 26106e0 12,630,851 14,782,870 15,189,869 17,082,235 - 5,000 5,000 20,000 1.88e.005 1,836025 1.e30.025 1.833.08e 3.2*3.927 0.e28,425 5,365,595 9,501,955 2,385,107 3,967,416 3,212,469 20,298,744 27,938,227 26,364,705 31,650,348 14,106,888 16,524,614 16,980,571 17,806,987 Section |. Page 1 TOWN OF AVON Financial Overview Other Sources Sales of Fixed Assets Transfers -In From Other Funds Capital Lease Proceeds TOTAL REVENUES EXPENDITURES General Government, Housing and Finance Community Development Police Public Works, Engineering and Utilities Transportation and Fleet Maintenance Recreation and Culture Total Operating Expenditures Contingency Debt Service Capital Expenditures Other Uses Transfers -Out To Other Funds TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year 1,500 - - - - 200,000 15,000 - - 72,917 167,500 - - - - 13,744,950 68,354 60,000 950,000 72,917 2,398,004 - 1,009,363 2,219,846 - - - 3,572,865 88,882 60,000 86,018 2,610,660 - - - 11,810,738 88,882 60,000 86,018 20,000 1,739,469 - - - 1,273,000 13,570,207 88,882 - 60,000 1,359,018 - 174,743 (20,528) - - (409,018) - 72,917 6,239,226 46,293 - 295,309 1,072,152 946,000 328,000 $ 6,413,969 $ 25,765 $ - $ 295,309 $ 663,134 $ 946,000 $ 400,917 Section I, Page 2 Special Revenue Funds Mall Urban Community Affordable Facilities General Maintenance Renewal Enhancement Water Housing Reserve Fund Fund Fund Fund Fund Fund Fund REVENUE Taxes $ 8,552,035 $ $ $ - $ - $ $ - Licenses and Permits 786,100 - - - - Intergovernmental 944,766 - - - Charges for Services 2,355,270 - 910,000 - Fines and Forfeitures 80,250 - - - Special Assessments - - - - Investment Earnings 450,000 40,000 Other Revenue 207,529 53,354 60,000 - Total Operating Revenues 13,375,950 53,354 60,000 950,000 - Other Sources Sales of Fixed Assets Transfers -In From Other Funds Capital Lease Proceeds TOTAL REVENUES EXPENDITURES General Government, Housing and Finance Community Development Police Public Works, Engineering and Utilities Transportation and Fleet Maintenance Recreation and Culture Total Operating Expenditures Contingency Debt Service Capital Expenditures Other Uses Transfers -Out To Other Funds TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year 1,500 - - - - 200,000 15,000 - - 72,917 167,500 - - - - 13,744,950 68,354 60,000 950,000 72,917 2,398,004 - 1,009,363 2,219,846 - - - 3,572,865 88,882 60,000 86,018 2,610,660 - - - 11,810,738 88,882 60,000 86,018 20,000 1,739,469 - - - 1,273,000 13,570,207 88,882 - 60,000 1,359,018 - 174,743 (20,528) - - (409,018) - 72,917 6,239,226 46,293 - 295,309 1,072,152 946,000 328,000 $ 6,413,969 $ 25,765 $ - $ 295,309 $ 663,134 $ 946,000 $ 400,917 Section I, Page 2 TOWN OF AVON Financial Overview - - 8,000 336,000 345,500 591.552 1,273,000 925,000 160,000 35,000 3,272,469 - _--.--____---,��_ 1,351,002 482,687 7,344,752 2,870,172 2,302,022 895,673 30,142,529 - - - - - 2.862,492 2.174,105 2,862,492 2,174,105 - 2,398,004 - 1.e33,6ee - 1.00e.363 008355 9,501,955 2,219,846 -,212,�� 3,807,765 866,355 31,650,348 5,036,597 17,082,235 1 100.00% $ 107,872 Internal $ Debt Service Funds Capital Enterprise Funds Service percent Bond mwo Projects Transit Fleet Equipment of Redemption Fund Fund Fund Maintenance Replacement Total Total $ 734.450 * 4e2.887 $ 2.150.000 s ' $ $ $ 11.919.172 - - - - 780.100 - - z.nu*.rra 400.000 3.071.544 - 1.537.172 2.142.022 524.873 7.46e.137 - - - 80,250 - - - - 25,000 05,974 - 600e74 1,309±00-_______�-----------,629,��- 759,450 482,687 6,071,752 1,937,172 2,142,022 524,673 26,357,060 100,00% - - 8,000 336,000 345,500 591.552 1,273,000 925,000 160,000 35,000 3,272,469 - _--.--____---,��_ 1,351,002 482,687 7,344,752 2,870,172 2,302,022 895,673 30,142,529 - - - - - 2.862,492 2.174,105 2,862,492 2,174,105 - 2,398,004 - 1.e33,6ee - 1.00e.363 008355 9,501,955 2,219,846 -,212,�� 3,807,765 866,355 31,650,348 5,036,597 17,082,235 1 100.00% 1,3o ,0o2 482,687 - - - 1.e33,6ee - 8,835.*00 - 008355 9,501,955 - 200,00 -,212,�� 1,351,002 482,687 8,835,600 2,862,492 On 866,355 31,650,348 Section |. Page a 44,233 100,192 1,514,718 $ 107,872 $ Section |. Page a RESOLUTION NO. 06 -43 [►�YiANM A RESOLUTION TO AMEND THE 2006 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2006 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2006, AND ENDING ON THE LAST DAY OF DECEMBER, 2006. WHEREAS, the Town Council of the Town of Avon has previously adopted the 2006 budget; and WHEREAS, the Town Council wishes to establish certain new funds in order to properly budget and account for revenues and expenditures related to new activities; and WHEREAS, these new funds include a Community Enhancement Fund, Affordable Housing fund, and Facilities Reserve Fund; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2006; and WHEREAS, the Town Council finds it necessary to amend the 2006 budget to more accurately reflect the revenues and expenditures for 2006; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the Community Enhancement Fund, Affordable Housing Fund, and Facilities Reserve Fund are hereby established as special revenue funds of the Town of Avon. Section 2. That estimated revenues and expenditures for the following funds are revised as follows for 2006: Ending Fund Balance $ 6,591,457 Current Proposed Amended 2006 Budget $ 5,773,617 13,403,628 12,938,019 $ 6,239,226 M Original or Previously Amended 2006 Budget General Fund Beginning Fund Balance $ 5,773,617 Revenues and Other Sources 12,697,388 Expenditures and Other Uses 11,879,548 Ending Fund Balance $ 6,591,457 Current Proposed Amended 2006 Budget $ 5,773,617 13,403,628 12,938,019 $ 6,239,226 M Mall Maintenance Fund Beginning Fuld Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Facilities Reserve Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 2 Original or Previously Amended 2006 Budget $ 21,862 71,033 86,385 $ 6,510 Current Proposed Amended 2006 Budget $ 43,397 89,281 86,385 $ 46 }293 295,309 $ - $ 295,309 $ 927,372 222,000 701,001 $ 448,371 $ 1,284,125 267,600 479,573 $ 1,072,152 946,000 $ - $ 946,000 328,000 $ - $ 328,000 N Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance AMD Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 3 Original or Previously Amended 2006 Budget $ 589,697 1,356,519 1.353.519 592,697 $ 42,089 483,306 483,306 $ 42,089 $ 113,099 2,643,396 2,543,881 $ 212,614 $ 324,352 1,960,934 1,912,162 373,124 $ 1,274,730 506,192 304,865 $ 1,476,057 Current Proposed Amended 2006 Budget $ 606,403 1,373,019 1,353,519 $ 625,903 $ 44,233 483,306 483,306 $ 44,233 $ 97,922 2,586,461 2,584,191 100,192 $ 373,559 2,176,008 2.028.117 521,450 $ 1,299,519 527,535 312,336 Section 3. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 4. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14t' day of November, 2006. ATTEST: Patty McKenny Town Clerk TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor 4 ON RESOLUTION NO. 06 -45 SERIES OF 2006 A RESOLUTION TO ADOPT THE 2007 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2007, AND ENDING ON THE LAST DAY OF DECEMBER, 2007 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body on October 10, 2006, for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on October 24, 2006, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2007: 2007 Proposed Budget General Fund Beginning Fund Balance $ 6,239,226 Revenues and Other Sources 13,744,950 Expenditures and Other Uses 13,570,207 Ending Fund Balance $ 6,413 969 Mall Maintenance Fund Beginning Fund Balance $ 46,293 Revenues and Other Sources 68,354 Expenditures and Other Uses 88,882 Ending Fund Balance $ 25,765 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Facilities Reserve Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Avon Metropolitan District Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance 2 2007 Proposed Budget $ 295,309 60,000 60,000 $ 295,309 $ 1,072,152 950,000 1,359,018 $ 663,134 946,000 $ 946,000 328,000 72,917 400,917 $ 625,903 1,35 t,002 1,351,002 $ 625,903 44,233 482,687 482,687 44,233 2007 Proposed Budget Transit Enterprise Fund Beginning Fund Balance $ 100,192 Revenues and Other Sources 2,870,172 Expenditures and Other Uses 2,862,492 Ending Fund Balance $ 107,872 Fleet Maintenance Enterprise Fund Beginning Fund Balance $ 521,450 Revenues and Other Sources 2,302,022 Expenditures and Other Uses 2,174,105 Ending Fund Balance $ 649,367 Equipment Replacement Internal Service Fund Beginning Fund Balance $ 1,514,718 Revenues and Other Sources 895,673 Expenditures and Other Uses 866,355 Ending Fund Balance $ 1,544,036 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14t" day of November, 2006. ATTEST: Patty McKenny Town Clerk 3 TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor To: Honorable Mayor and Town Council |mm: Larry Brooks, Town Manager From: Scott Wright, Finance D Date: November 0.2005 Re: 2007 Capital Project Fund Budget Adoption and Acceptance of Long-range Capital Program Summa : The Town's final revised Capital Projects Fund budget for 2008 and the proposed 2007 Capital Projects Fund budget is hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year Previous Council Action: Concurrently with the presentation of the Town's operating budgmts. the Town Manager presented his recommended Capital Projects Fund budget at the Council budget retreat held on October 1 0t and th One change for the 2007 proposed Capital Projects Fund budget was the addition of the Metcalf Ditch Drainage totaling $285.000. Operating transfers in from the Water Fund were increased to fund this project in 2007. Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program essubmitted. Town Manaqer Comments: A — Cupda|PnojectsFunduummary B— Resolution 0844 C— Resolution OG'4O D — Long'nangeCnpits| Program (5'yearp|an) Page 1 REVENUES Taxes Intergovernmental Investment Earnings Other Revenue Total Operating Revenues Other Sources: Transfer In from Other Funds TOTAL REVENUES EXPENDITURES Capital Improvements: Facilities Land and Land Improvements Roads and Streets Recreation Stormwater and Drainage Strategic Planning Other Rebates and Capital Contributions MUNICIPAL SERVICES Capital Projects Fund #41 `trn� Suilr`ia ; ,. Original or Prev. Amend. Actual Budget 2005 2006 Final $ 2,500,000 Revised Proposed Budget Budget 2006 2007 $ 3,254,490 $ 2,500,000 $ 2,500,000 $ 2,150,000 236,110 1,214,296 1,452,000 2,526,778 79,058 85,974 85,974 85,974 320,074 99,000 149,000 1,309,000 3,889,732 3,899,270 4,186,974 6,071,752 260,363 645,000 408,000 1,273,000 4,150,095 4,544,270 4,594,974 7,344,752 1,092,017 1,767,610 119,091 90,000 1,050,739 4,634,000 89,321 731,950 - 40,000 270,950 400,000 3,920 485,000 132,099 475,000 726,000 3,074,100 50,909 - 1,907,000 3,633,500 731,950 383,000 60,000 780,000 250,000 280,000 186,080 485,000 1,141,320 - Total Capital Improvements 2,758,137 8,623,560 5,053,259 8,635,600 Other Uses Operating Transfer -Out - General Fund 50,000 50,000 80,000 200,000 Operating Transfer -Out - Affordable Housing - - 846,000 - Operating Transfer -Out - Wildridge S.I.D. 10,311 - - - Total Other Uses 60,311 50,000 926,000 200,000 TOTAL EXPENDITURES 2,818,448 8,673,560 5,979,259 8,835,600 NET SOURCE (USE) OF FUNDS 1,331,647 (4,129,290) (1,384,285) (1,490,848) FUND BALANCE, Beginning of Year 6,126,149 7,457,796 7,457,796 6,073,511 FUND BALANCE, End of Year $ 7,457,796 $ 3,328,506 $ 6,073,511 $ 4,582,663 Section I, Page C -1 MUNICIPAL SERVICES Capital Projects Fund #41 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 57000 58102 58104 58211 58211 58211 58211 58211 58211 58211 58211 58999 58999 58000 Total Investment Earnings 149,000 - 171,290 680,296 - 2,130,488 3,920 - Intergovernmental: 400,000 Federal Grants: 53199 COOT Enhancement Funds Grant R�v�nle �ai� FTA/CDOT Transportation Center Grant 200,000 200,000 State Grants: 53299 Colorado Historical Society Original or Final 53401 Eagle County Transportation Center Grant 53401 Prev. Amend. Revised Proposed Account Actual Budget Budget Budget Number Description 2005 2006 2006 2007 Taxes: 51401 Real Estate Transfer Tax $ 3,254,490 $ 2,500,000 $ 2,500,000 $ 2,150,000 51000 Total Taxes 3,254,490 2,500,000 2,500,000 2,150,000 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 57000 58102 58104 58211 58211 58211 58211 58211 58211 58211 58211 58999 58999 58000 Total Investment Earnings 149,000 - 171,290 680,296 - 2,130,488 3,920 - Intergovernmental: 400,000 Federal Grants: 53199 COOT Enhancement Funds Grant 53199 FTA/CDOT Transportation Center Grant 200,000 200,000 State Grants: 53299 Colorado Historical Society 1,000 Local Government/Other Agency: 53401 Eagle County Transportation Center Grant 53401 ECO Trails Grant 53401 Village at (Avon) 53401 Confluence Metro District 53401 Vail Valley Foundation 53401 Eaglebend Housing Authority 53401 ERWSD Sewer Line Replacement 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 57000 58102 58104 58211 58211 58211 58211 58211 58211 58211 58211 58999 58999 58000 Total Investment Earnings 149,000 - 171,290 680,296 - 2,130,488 3,920 - Other Revenues: Utility Capital Facility Fees Fireplace Fees Reimbursements: Sheraton Mountain Vista - 2005 Application The Gates at Beaver Creek Confluence - East West Partners Eagle River Enhancement Project - East West Partnf Eagle River Enhancement Project - Eagle County Eagle River Enhancement Project - BCRC W. Avon Trails - Berry Creek Metro District East Avon Redevelopment Plan - Landowners Sheraton Mountain Vista RETT Rebate Miscellaneous Nonclassified Revenues Total Other Revenues Other Sources: 59201 Transfer In from Other Funds 59000 Total Other Sources 50000 TOTAL REVENUES 79,058 85,974 85,974 85,974 79,058 85,974 85,974 85,974 319 - - - 1,500 9,000 9,000 9,000 9,649 9,438 188,133 - - 2,500 50,000 50,000 - 50,000 - - 55,000 - - - 40,000 40,000 - 50,000 - - _ - 1,300,000 3,535 - - - 320,074 99,000 149,000 1,309,000 260,363 645,000 400,000 - - 6,000 - 200,000 200,000 200,000 200,000 - 160,000 846,000 - 1,000 - - - 25,000 25,000 - 25,000 6,190 - - - 236,110 1,214,296 1,452,000 2,526,778 Other Revenues: Utility Capital Facility Fees Fireplace Fees Reimbursements: Sheraton Mountain Vista - 2005 Application The Gates at Beaver Creek Confluence - East West Partners Eagle River Enhancement Project - East West Partnf Eagle River Enhancement Project - Eagle County Eagle River Enhancement Project - BCRC W. Avon Trails - Berry Creek Metro District East Avon Redevelopment Plan - Landowners Sheraton Mountain Vista RETT Rebate Miscellaneous Nonclassified Revenues Total Other Revenues Other Sources: 59201 Transfer In from Other Funds 59000 Total Other Sources 50000 TOTAL REVENUES 79,058 85,974 85,974 85,974 79,058 85,974 85,974 85,974 319 - - - 1,500 9,000 9,000 9,000 9,649 9,438 188,133 - - 2,500 50,000 50,000 - 50,000 - - 55,000 - - - 40,000 40,000 - 50,000 - - _ - 1,300,000 3,535 - - - 320,074 99,000 149,000 1,309,000 260,363 645,000 408,000 1,273,000 260,363 645,000 408,000 1,273,000 $ 4,150,095 $ 4,544,270 $ 4,594,974 $ 7,344,752 Section I, Page C -2 MUNICIPAL SERVICES Capital Projects Fund #41 Section |. Page C-3 ,^ Land and Land Improvements: 21084 Tract J Bridge Removal 45,000 - 21005 v0Nndgo Park Improvements and Playground 11e.0e1 Original or Final 2100* vw|dnuuoPvvxetPam New Block anr4 ' Prev. Amend. Revised Proposed Account |-TOEnuaneSign Removal Actual Budget eugoe^ Budget Number Description 2005 2080 2006 2007 CAPITAL IMPROVEMENT PROJECTS mOne Facilities: 52.584 700.000 35.008 800.000 11008 Council Chambers Audio/Video Upgrade $ 04.501 $ $ - $ 11007 Municipal Building Roof 43.896 204.000 - 230.000 13004 Nottingham Lake Pump Station Expansion ' 75.000 - - 14001 Transportation Center 903.440 992.610 680.000 2.6*4.100 19001 Municipal Parking Facilities - 700.000 160.000 - 14002 Bus Storage Facility - - - 50.000 11000 Municipal Building Expansion ( Modular Addition) - 40.000 360.000 Section |. Page C-3 ,^ Land and Land Improvements: 21084 Tract J Bridge Removal 45,000 - 21005 v0Nndgo Park Improvements and Playground 11e.0e1 - 30,90e 2100* vw|dnuuoPvvxetPam New Block anr4 ' - - 21007 |-TOEnuaneSign Removal - 45.000 20.080 Roads and Streets: Strootsuape: mOne Eog|ohonuor. 52.584 700.000 35.008 800.000 31008 Nottingham Rd. Imp. /|-7Um Buck Creek 24.153 - - 31010 Lighting Study and Conversion 204.000 152.000 230.000 Street Improvements: Town Center WenVMan: 32007 Plan Implementation 121.1e2 2.000.000 160.000 00.000 32008 Railroad Crossings to Confluence ' 540,000 500,000 32010 vv. Benchmark Rd. ' Realignment - - - 32e.500 35002 Roundabout #4 Conversion - - 40,000 410.000 Annual Street Improvements: annoo 2O0o Paving/Road Improvements 803,635 aaoos 200s Paving/Road Improvements 315,000 345.000 33007 2nnr Paving/Road Improvements - 430.000 Multi-Modal/Alternative Mobility: 34007 mx|dndgo Traffic Calming & Pedestrian Circulation 250.000 280.000 855,000 a^onS Swift Gulch Road a|xnpathExtension 28.195 - - 34010 Swift Gulch Rd. 8ixopam 21.020 260.000 250.000 34011 vvim,iuge Emergency Access - 25.000 25.000 - 34012 West Avon Trails and Access Enhancement - 80.000 80.000 Recreation: 51002 Eagle River Enhancement Project 33.e56 523.950 523.950 51003 Eagle River Recreation Access Expansion ' 350.000 9400* n|CD Water Rights Acquisition 55.485 208.000 208,000 33,000 oto,mv,ate,anu Drainage: 01004 momngham-pvuer Ditch Restoration - 20.000 180.800 61005 VV. Beaver Creek Blvd. /|'romRailroad 40.000 40.000 315.000 61000 Metcalf Road Drainage - - 2e5.000 Section |. Page C-3 ,^ ��U��U �� MUNICIPAL ~°��"~�"°=°—=° Capital Projects Fund #41 Account Number Description Aomo| Original or Prev. Amend. Budget 2006 Final Revised Budget znoO Proposed Budget 2007 CAPITAL IMPROVEMENT PROJECTS Strategic Planning: Development Analysis and Review: 71004 Confluence / Westin mvemnn Resort 1e7.787 - - 71005 The Gates au Beaver Cmox 678 - - 7100* Sheraton Mountain Vista 2OO5Application 9,649 - 71007 East Avon Redevelopment (Master Plan) - 150.000 100.000 80.000 Planning and Consulting: 79002 Comprehensive Plan 65.381 25.000 25.000 - 78005 2005 General Planning and Consulting 7.455 - - 79006 2n8s General Planning and Consulting - 25,000 25,000 rnuor 2onr General Planning and Consulting - 50.000 78101 Nottingham Park Master Plan 50,000 150.000 79102 Pedestrian Circulation Plan 100.000 ' - 79183 Retail Analysis - 50.080 50.000 - 7e104 Housing Needs Assessment - 50.000 - Other: 93005 Historic Preservation - 25.000 25.000 25.000 93800 Historic Analysis Study 3.920 - 21.080 - 94005 Water Rights Acquisition 460.000 140.000 400.000 Developer Rebates and Capital Contributions Rebates: e2001 Sheraton Mountain Vista 132.09e 300.000 100.000 92002 vvoson mvnmnnt Resort ' 175.000 195.320 - Capital Contributions: e5001 East West Partners e40000 Total Capital Improvement Projects $ 2,758,137 $ 8,623,560 $ 5,053,259 $ 8,635,600 Section |. Page C4 RESOLUTION NO. 06 -44 SERIES OF 2006 A RESOLUTION TO AMEND THE 2006 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2006 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2006, AND ENDING ON THE LAST DAY OF DECEMBER, 2006. WHEREAS, the Town Council of the Town of Avon has adopted the 2006 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2006; and WHEREAS, the Town Council finds it necessary to amend the 2006 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2006; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2006: Original or Previously Amended 2006 Budget Capital Proieets Fund Beginning Fund Balance $ 7,457,796 Revenues and Other Sources 4,544,270 Expenditures and Other Uses 8,673,560 Ending Fund Balance $ 3,328,506 1 Current Proposed Amended 2006 Budget $ 7,457,796 4,594,974 5,979,259 $ 6,073,511 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 14'11 day of November, 2006. ATTEST: Patty McKenny Town Clerk 2 TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor RESOLUTION NO. 06 -46 ►` Yid A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2007 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2007 AND ENDING ON THE LAST DAY OF DECEMBER, 2007. WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long -range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on October 24, 2006, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long -range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2007: 2007 Proposed Budget Capital Projects Fund Beginning Fund Balance $ 6,008,727 Revenues and Other Sources 4,194,270 Expenditures and Other Uses 7,903,105 Ending Fund Balance $ 2,299, 892 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2006. I_UIK11�.` Ili Patty McKenny, Town Clerk 2 TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor N Z a. w Z 0 'ate LL LL 0 to Z C-) 3:w 0 0 --) F— w F— CL L2 LO C\4 0 "It cc� (s (1) It U3. CO -,T C', (0 0) r- cl� V� N 00 co r- EA 110 OD co 40 CY) r-- C� Cri 0 co 2 1 Cq co C4 a. 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LLJ oa Li- 0 z 0 CD 0 0 0 o C) CO lz� a CD Q> 0) LO — Z -0 C) a C) CD C:) C� C� - CD CD 0 cli C LO O C:) CD LO LO LO 0 N C) LO Co 1 co Lo E C:) .5; co O W 0 Lli >- F- 0 0 0 CD 0 0 CD 0 0 CD C) C) r C) 0 0 C) C) Q. C� =� C� q C� C� C� C� C: (D (0 0) U*) LO 0 0 0 LO 0 0 LO C) �o C:) CN N to LO C\j (D 'IT C� Cl) cq 0 LO to N O M co 7 C) O 7-0 Lo , LO Cl) N O CD s2 cu 0 L) 0 F- 0) < 0 75 0 0 (n _ w c M -,t5 c) a. 0 EL- a) E E c Z0) . 2 O V y o COT a) 2 IJJ C: C 0 - -Cmmo , (L �, :t� In U > > IL 0 a) 0 w 0 E: c > c < Z = �5 cr 0 a) co E c WE 0 0 > c �6 P cuw< 0 —cu .6 m 0 m CL 4. E q ) cu m Ca z 0 c a) Ix 2 > E m m O) 'E c a_ < ly c 0 o 7n N C E L) L) 0 C: CD 0 a) a) 0 M C) z 0- C� m Mn w a) > U) CL LZ < IL 0) 0) Co U 5 0 K U cu 0 L) � J� 14 6 N To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo<—D,>-� Date: November 9, 2006 Re: Certification of Delinquent Tax Payers Summary: Town of Avon staff has attempted collection of real estate transfer taxes that are due to the Town of Avon. Certain taxpayers have neglected to pay their Real Estate Transfer Tax on real estate transactions that have occurred within the Town of Avon in 2006. Discussion: According to Avon's Municipal Code, delinquent taxes are subject to penalties and interest, the delinquent taxes constitute a lien on the property and the delinquent taxes may be filed with the County Treasurer for collection on their property tax rolls. Recommendation: Approve Resolution #06-47 certifying the delinquent tax payers to the County for collection. Town Manager Comments: RESOLUTION NO. 06 -47 644 •iM ES) 1Z1I' A RESOLUTION CERTIFYING DELINQUENT REAL ESTATE TRANSFER TAX FOR COLLECTION BY THE EAGLE COUNTY TREASURER WHEREAS, the Town Council of the Town of Avon, Colorado imposes a Real Estate Transfer tax on the conveyance of property within the Town of Avon. WHEREAS, the cost of this transfer tax is 2% of the purchase price and is due and payable at the time of closing. WHEREAS, failure to pay the tax when due shall cause a penalty and interest to be assessed. WHEREAS, Real Estate Transfer Tax on a property in Avon has not been paid. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado that the following property is hereby declared to be in default for failure to pay this tax when due and is hereby certified to the County Treasurer for collection. Beaver Bench Condominium, Unit #1322 414 Beaver Creek Blvd. $ 889.20 Pines of Wildridge, Unit C 2511 Old Trail Rd 220.64 ADOPTED this 14th day of November, 2006. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk z 0 LL uj C-) Q Z w Z W a Z 0 U. 0 z 3: 0 (D 0 Nr CN oi co C14 00 N O C� a co E 0 CN 0 N 4) O C) (0 rl- 0) 0 O C: 0 C14 W 0 > _0 co z 0 C: 0 C C) W . 75- .7 M L) cn co CN > O m 0 co m cnUU z > m (D C 'E I W co J ca N 0 F- co 0 0 Z C4 04 a) 0 00 04 LL w 0 m I (o — CD z 00 N 00 0 w U) U) 0 C) C) O0 0 0?5 C Z Q L: > 0 z F- 06 cu E CO Nt CN c a. U R x cu 0 x a) 0 U- z `gym mm M W LL U. 0 0 d W W cCC) o CC) C) C) z a (D 0� w I J� L:4 I I M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Jeffrey Schneider, Engineer II Date: November 8, 2006 Re: Resolution No. 06 -48, Approving the Amended Final Plat, A Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2190A & 2190B Saddleridge Loop) Summary: Chadd Ziegler, owner of Lots 12A and 12B, Block 1, Wildridge, has submitted an Amended Final Plat to resubdivide Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is an amended Duplex Subdivision of a developed duplex lot, relocating one lot line and creating a roof overhang easement. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 06-48, Series of 2006, A Resolution Approving the Final Plat, a Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Recommended Motion: I move to approve Resolution No. 06 -48, Series of 2006, A Resolution Approving the Final Plat, a Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Attachments: Exhibit A Resolution 06 -48, Series of 2006 Exhibit B Copy of Amended Final Plat, Lots 12A and 12B, Block 1, Wildridge CADocuments and Settings \nwood \Local Settings \Temporary Internet Files \OLK23 \L12B1 WRamendedFP council memo.doc L— X l'a 146 j r dr� s> TOWN OF AVON RESOLUTION NO. 06 - 48 Series of 2006 A RESOLUTION APPROVING THE AMENDED FINAL PLAT, A RESUBDIVISION OF LOTS 12A AND 12B, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Chadd Ziegler has submitted an Amended Final Plat for a Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, located at 2190A and 2190B Saddleridge Loop; and WHEREAS, the Amended Final Plat has been reviewed by the Town Staff, and WHEREAS, the Amended Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as an Amended Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Amended Final Plat for A Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS Patty McKenney Town Clerk DAY OF , 2006. TOWN COUNCIL TOWN OF AVON, COLORADO Ron Wolfe, Mayor C:ADocuments and Settings \nwood \Local Settings \Temporary Internet Files \0LK23\L1213 1 WRamendedFP res06- 48.doc CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THEME PRESENTS THAT DOUG WWA S. CHAD DOUGLAS DEOER (AKA CHADD 7EGLER). INSMR FILNCAL. AND NORTH AMERICAN SAW= BANK BEND SOLE ONNERS IN FEE SNPLE OF ALL THAT REV. PROPERTY DEDCRMED AS FORAY!& LOT 12A AND LOT 178, SOCK 1. A S ANYWON OF LOT 12 BLOCK i, A S+ECALLY f4.AHE4 AREA RET+LAT NINMMR THEREOF RECORDED FEBRUARY 11 SOON 335 AT PARE 4tYl, COIMTY OF EABLEE 70 T AND COLTAIMNG 0.785 ACRES MORE ON LEM HAVE BY THEE PRESENTS LAD-OUT. PLATTED AND 91GU1'NED THE SALE INTO LOTS AD BLOCKS AS &DON HEREON AND OEWNATE THE SAME AS i1RST AMENDED PLAT. A RESUBDMSON OF LOT 12A AND COT 178. BLDCf 1. WWDPoOOL TIER/ OF AVON, COUNTY OF EAGLE. STATE CPA AND DEDICATE FOR PUBLO i!W 71E SIIEE7S SHOWN HEREM INCUDID AVOWS& DIVES, BOULEVARDS, LAMES. COURTS. AND NAM TO THE TOWN OF AVON; AND THE U FLUTY AND DRAINAGE EASEMENTS BMW MOM FOR UTILM AND DRANAGE PURPOSES OIL)' AND DO FURTHER STATE THAT TH86 SUBDNDON SHALL SE SELECT TO THE PR07WK COVENANTS, FLED AND RECORDED FOR TARS SUBDNYOM IN THE OFFICE OF TIE CLERK AND RECD DEW OF EAGLE COUNTY, COLORAD0. AS DOC RENT N0. DMOUTED 7M3 DAY OF ALD., 20 ADDRESS: P.O, BOX 8272 DOUGLAS W UJA,IS VAL. OD 5868 STATE OF Y ss COUNTY OF Y THE FOREGOING CFRMFICATE OF DEDICATION AND OMNER%W WAS AC20OMED013) BEFORE HE IM DAY OF A.D.. 20 BY DOUGLAS WILLIAMS. MY COMBNSSOO E PME& WPM MY NAND AM OPTICAL SEAL 7,TL a'I'r-T a OWNER: ADDREM P.06 GM CHAD DOUGLAS ZEGLER VAR. O 00 5555 (AKA CHADD iEMMS) STATE OF Y OR COUNTY OF Y TIE FOREGOING CERWICAIE OF DEDDATWN AND OWRERSIP WAS ACKNOWLEDGED BEFORE ME TM DAY GF A.D., 20 - BY CHAD DOUGLAS 2EGUOL MY COMMISSION E7PBET8 MINIONS S MY HAND AND OFFlQAL SEAL NOTARY PUBLIC MOR70AOEE: NiSOLHT FINANCAL ADDRESS 3000 PEARK CO. mRET SITE 109 BOULDER, BY: nite STATE OF Y SS COUNTY OF THE FOREGOING COrGIVATE OF DEOCA70NI AND OWOMW+ WAS ACODWIDOED STORE ME 7186 AD., 20 . BY AS DAY OF OF SOUGHT FWANCA. MY COMINSSION ETPRE& STRESS MY HAND AND OFFICUL SEAL NOTARY PUBLIC MRIOAWM NORTH AIk7BCAN SAVMOS BANK ADGIRESS,11150 OVERBR APL SUTE 225 LEAWOOD. IM BY: TITLE. STATE OF Y ss COUNTY OF L THE FOREGOING CERTSCATE OF DEDICATION AND OINERSHIP WAS ACODMIDGED BEFORE WE IM AS DAY OF OF NORTH AMERICAN SA GS MY CDLBMSSON EUPME& WT ES5 MY NAM AD OFFICAL SEFJ. NOTARY P%MW wB I ® 1 FIRST AMENDED PLAT A RESUBDIVISION OF LOT 12A AND LOT 12B, BLOCK 1, WILDRIDGE A SUBDIVISION OF LOT 12, BLOCK 1, A SPECIALLY PLANNED AREA- REPLAT NUMBER 2, FINAL SUBDIVISION PLAT OF WILDRIDGE, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO i 1 x ,r�i WnON 35 A%Zt&. 1' -800' i^ TOWNSNP 4 SOUTH ' RANGE 82 WEST, 610 P.M. WOW! 4 SOUIN TANIIP 4 WM --- E HEWS! W RYIN SITE — — LOCAWN i TOWN CERTIFICATE TIES PLAT. NN=MM VACATION OF' ANY LOT LEE$ EASEMENTS NO MOM OF WAY. PREMOWLY DEDDAIED AO NOT DEDDATED HEREON. IS APPROVED BY THE 71 M COUNCA. OF TLE TOWN OF AVON. COUNTY OF EAGLE STATE OF COLORADO 1HS DAY OF' A 0- 20 _FOR FOND WIN THE CLERK AND RECORDER OF MLLE COUNTY OF EASE AND FOR CONVEYANCE 10 THE TORN OF THE PUBLIC DED"MONS SOWN NE1&'Oti. METE SAME TO SPERBEDE THE LNlOR PLAT. SSA= 10 THE PROVISON THAT APPROVAL M t0 WAY OBWA7E4 THE TOMq Oi AWII FOR F97ANCNG OR COMFUNICBO OF IMPROVEMENTS ON LANDS, STREETS, OR EABDEHTB DEDICATED DEE" AS MipFDALLY AGREED 70 BY TIE TON WINCE. AJA FlBRER THAT SAID APPROVAL SMALL N NO WAY OBOA7E 7W TOWN OF A%NN FOR MINN1OWiCE OF STREETS tMTL CONSIBO71ONt OF BPROVflENiS THEREON SOUL HAVE SEEM COMPLETED 70 THE SAIWACRON OF THE TOWN CMRICL APPROVAL OF TITS PLAT BY THE TOWN IS A CONSENT ONLY AND IS NOT TO BE CONSiRED AS AN APPROVAL OF THE MHNICAL CORRECTNESS OF THIS PLAT OR ANY DOC MINTATION RELATING TIVIE10. WIIESS MY HAND AND SEAL OF THE TOWN OF AWN TOWN COUNCL OF THE TOWN OF AVON or MAYOR ATTEST: TOW CLEW TITLE INSURANCE COMPANY OR ATTORNEY'S CERTIFICATE mac FROM CERIIY THAT HAS EXAA ED THE WGI 10 AL LARDS SHOWN UPON TINM PLAT AD THAT TITLE 70 SUCH LARDS M VESTED N: FREE AID CLEAR OF ALL UDM DCUMStAMM TAXES AD ASSESSMENTS EXCEPT AS F'OLGB^a DATED THIS DAY OF AGENT' CEKTBkATE OF TALES PAD L TIE DD HERESY CERi1FY THAT THE ENTRRE AMOUNT OF TALES AID ASSESSMENTS DUE AD PAYABE AS OF UPON ALL PARCELS OF REAL. ESTATE DESCRIBED ON TINS GOAT ARE PAD IN FULL. DAZED TMS __ DAY OF AD.. 20— TREASURER OF EAGLE ODUN7Y CLERK AND RECORDER'S CERDFlCA7E 1HIS PLAT WAS FLED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER Y O'CLOCK ON INN; DAY OF RECEPTION N0. OIISC AD RECORDER BUR DEPUTY GRAPHIC SCALE 2p 9 1p 2p NNN (m sar > I inch - EO tL Oml� ©i�ii>i�ZSG''>• O�Tir r, : ■ Oda MONUMENT LEGEND 0 FOUND Na 5 REBAC WHIM ALUMVM CAP. LS 14M 5447 • FORD Na 5 REBAR MIH ALUMNI CAP. L.S. ft 275M A SET Nb 5 REPAIR " ALANNAI CAP, L.& No• 27598 10 SLOPE MAINTENANCE. DRAINAGE AND SHOW STORAGE EASEMENT (RD:EF"DON - 225437) e. Xy-/6 /T `;B a GENERAL NOTES_ 1 DATE OF SURVEY: AUGUST 1% 2005. 2 BASIS OF BEAIMOS TIME LIE CONNECTING THE FOND MONRMNTS MMIOLID THE NORTHEAST CORNER OF LOT 4 AND THE NORTHWEST CABER OF LOT 4w N44'10'04'W - 145.07. 3 MOONENTAIONI AS DWICATED HEREON, 4 THE PURPOSE OF IM PLAT IS 70 AMEND D (STING WTI COMMON TO LOT 120k AND LOT 128 AS SHOWN HEREON. 5 PEAL LARD SURVEYNIO, INC, DD NOT PERFORM A 711LE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWMWWP, L46MO TS OR RO TS-OF -WAY OF RECORD RECORD DOIXROM UTIU ED W THIS E7ENPRON PLAT WERE PROVDED BY LAD TIRE OUARINTEE COMPANY. LOT 12A, ORDER " V5001540+-56 DATED JULY 2% 20011 AT &00 P.N. LOT 128 ORDER Na 275285, DATED ALY 25. 2005 AT &DO P.Y. 8 NOTICE' ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACRON BASED NPOI ANY DEFECT IN IM SURVEY 117HMN TFWEE YEARS AFTER YOU FIRST O9COVFR SOH DEFECT. N NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MORE THAN 101 YEARS FROM THE DATE OF CERWICATKN SHOWN HEREON. SURVEYOR'S CERTIFICATE L OW MOOS. DO HOEHY CR1IY THAT I AM A PROFESSIONAL LAND SURVEYOR UCB= UDER THE LAWS OF THE STATE OF COLORADO. THAT THIS PLAT IS A TRUE CON= AND COMPLETE PLAT OF FIRS' AMD M PLAT. A RESISOOSW OF LOT 12A AND LOT 128. SLOCG 1. WMDFAW AS CAD OUT. PLATTED. DEDICATED AND *00 HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE "VEY OF MAID FRO MM BY ME AND/OR LOW MY S PERVISON AND CORRECTLY SOWS TIE LOCA7ON AND IN ENS INS OF THE LO1M, EASEMENTS AND STREETS OF SAD SUIXXVMON AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WM APPLICABLE REGU TIONS GOVERNING TIE SHI DFASION OF LAID. ALL MONUMENT'S ARE SET AS REQUIRED BY THE S SIDTWS ON REGUATDNS OF THE TOWN OF AVON. N MTNESS WHEREOF I HAVE SET MY HAND AND SEAL TIES _ DAY OF AD„ JM BRENT BOOS COLORADO P.L& N0. 27590 1 ` (RECEPTION SETBACK 2 L43 (IECEPiNON Na 228437) V %1 Q � % 1 / C EATER O EA9EAElIT J ( (HATONED AtE1 mom" . l a > 4 / OP-5-7111t LAND USE SUMMARY m ` 49 TRACT P LEI. M& WL d LOT 12A 0.214 RESIDENTIAL 2190A SADDLE ROTE LOOP p�:� r,' ��' �iLYRS��[SiC'rSii'�S■�F'x;��"RJ r'� ©�t.L�l•: �iC!Riir•�iFZS•�"',��i�'�'"�4f 1� Oml� ©i�ii>i�ZSG''>• O�Tir r, : ■ Oda MONUMENT LEGEND 0 FOUND Na 5 REBAC WHIM ALUMVM CAP. LS 14M 5447 • FORD Na 5 REBAR MIH ALUMNI CAP. L.S. ft 275M A SET Nb 5 REPAIR " ALANNAI CAP, L.& No• 27598 10 SLOPE MAINTENANCE. DRAINAGE AND SHOW STORAGE EASEMENT (RD:EF"DON - 225437) e. Xy-/6 /T `;B a GENERAL NOTES_ 1 DATE OF SURVEY: AUGUST 1% 2005. 2 BASIS OF BEAIMOS TIME LIE CONNECTING THE FOND MONRMNTS MMIOLID THE NORTHEAST CORNER OF LOT 4 AND THE NORTHWEST CABER OF LOT 4w N44'10'04'W - 145.07. 3 MOONENTAIONI AS DWICATED HEREON, 4 THE PURPOSE OF IM PLAT IS 70 AMEND D (STING WTI COMMON TO LOT 120k AND LOT 128 AS SHOWN HEREON. 5 PEAL LARD SURVEYNIO, INC, DD NOT PERFORM A 711LE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWMWWP, L46MO TS OR RO TS-OF -WAY OF RECORD RECORD DOIXROM UTIU ED W THIS E7ENPRON PLAT WERE PROVDED BY LAD TIRE OUARINTEE COMPANY. LOT 12A, ORDER " V5001540+-56 DATED JULY 2% 20011 AT &00 P.N. LOT 128 ORDER Na 275285, DATED ALY 25. 2005 AT &DO P.Y. 8 NOTICE' ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACRON BASED NPOI ANY DEFECT IN IM SURVEY 117HMN TFWEE YEARS AFTER YOU FIRST O9COVFR SOH DEFECT. N NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MORE THAN 101 YEARS FROM THE DATE OF CERWICATKN SHOWN HEREON. SURVEYOR'S CERTIFICATE L OW MOOS. DO HOEHY CR1IY THAT I AM A PROFESSIONAL LAND SURVEYOR UCB= UDER THE LAWS OF THE STATE OF COLORADO. THAT THIS PLAT IS A TRUE CON= AND COMPLETE PLAT OF FIRS' AMD M PLAT. A RESISOOSW OF LOT 12A AND LOT 128. SLOCG 1. WMDFAW AS CAD OUT. PLATTED. DEDICATED AND *00 HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE "VEY OF MAID FRO MM BY ME AND/OR LOW MY S PERVISON AND CORRECTLY SOWS TIE LOCA7ON AND IN ENS INS OF THE LO1M, EASEMENTS AND STREETS OF SAD SUIXXVMON AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WM APPLICABLE REGU TIONS GOVERNING TIE SHI DFASION OF LAID. ALL MONUMENT'S ARE SET AS REQUIRED BY THE S SIDTWS ON REGUATDNS OF THE TOWN OF AVON. N MTNESS WHEREOF I HAVE SET MY HAND AND SEAL TIES _ DAY OF AD„ JM BRENT BOOS COLORADO P.L& N0. 27590 1 ` (RECEPTION SETBACK 2 L43 (IECEPiNON Na 228437) V %1 Q � % 1 / C EATER O EA9EAElIT J ( (HATONED AtE1 TOTAL 0.786 TRACT A BENCHMARK AT BEXT11 CREEK SUBDIMSON AMENDMENT N.7 DRAi N ST., m jo No. 3501.1 DAZ& 00/05/06 mw i NL 1 a > 4 / TAT 12A 0.214 ACES UTU(R AD ORAM 2 11605 (fECX?TION Na 2 LAND USE SUMMARY m ` 49 TRACT P LEI. M& WL d LOT 12A 0.214 RESIDENTIAL 2190A SADDLE ROTE LOOP LOT 120 0.572 RES ENRAL 21908 SADDLE RIDGE LOOP TOTAL 0.786 TRACT A BENCHMARK AT BEXT11 CREEK SUBDIMSON AMENDMENT N.7 DRAi N ST., m jo No. 3501.1 DAZ& 00/05/06 mw i NL 1 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 24'2006 /\ regular meeting of the Town of Avon, Co|O[8dO was held at the /\VUO Municipal Building, 400 Benchmark Road, Avon, Colorado iO the Council Chambers. K88yO[ Ron \8/VlfS called the meeting to order at 5:30 PM. /\ nJU C@U was taken and Council [OHnlberS present were Debbie 0UCk|ey, KhEti Fernano, Mac McDevitt, Brian Gip8S. and T@nnr@ Nottingham Underwood. Amy Phillips was absent. Also present were Town Attorney John OUnn, 7-VxvD K8@D@ge[ Larry Brooks, Deputy -[0vvD Clerk Debbie P8di||8. Town Engineer NO[[n VV0od. FiO8OC8 Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Pub|ioVVorks/TraDSit Director Bob Reed as well as members Of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST Mayor Pro Tern Underwood noted that she would make 8 request regarding Resolution NO. 00- 39 at the time it is consider on the agenda. There was no potential conflict Of /nt8neSie for this COMMUNITY INPUT BU} H8rnnler, Stone Creek Elementary Charter School, addressed Council with regard to the tap fees due the Eagle River Water & Sanitation District. He noted that tap fees are estimated at just over $1OOK; and they are currently negotiating 8 p?yDlent p|@D with ERVV8D. He asked why the school would have to pay the Town's share estimated at over $1OK when the group isa short-term tenant of the property. He informed Council he would h8 attending the next ERVV8O Board meeting to request their consideration 0f8 payment plan. He noted that ERVV8[} has requested that the Town 0USt first 8pp[OV8 the payment p|8D prior to any consideration by their Board. Town Engineer Norm VVOOd addressed the queStiOO. noting that Avon's portion of tap fees are returned toT[8er Creek and then returned to Eagle Vail Metro District @Sthe owner of the vv@te[ OiSCUSSiOn ensued about the size of the line being installed and the fUtUn3 needs for /\vOn. which are unknown at this time. It was noted that the agreement contemplates improvement and the taps, but language may need to be dearer. In summary, two questions are at hand: 1. VVOU/d the tOVVD support G payment p|gn. ER\8/S[} noUSt know if the Town Supports that request; 2. The SChOO| is nl8hiDg an improvement to the ppoperty, vvOUld the ƒOvvD agree that the value of the tap Stay with the property, SO that the short-term t8n8D[ would not have to be held responsible for that capital iOOpFOVe[D8Dt' (OD 8 one inch tap) Due to the D8tUFe of the [OpiC, it was asked that this item be placed on the next agenda as a discussion item SO that staff & Council COU|d review appropriate documents. Council supported the Stone Creek School Board's request t0ERVVG[) for a payment plan. Council also requested an update to the St3tUS of permanent |OC@ti0O for the SChOV|; Hgrnnoer noted that they would be providing an Update in the near future. OTHER BUSINESS Pastor TODlrDy of Calvary Chapel was present to 8ddF8SS the Fall Fun Night, an event sponsored by his church. They are providing activity for teens, which is the reason behind the hours Ofthe event and the need to obtain the sound permit. Mayor Wolfe opened the Public Hearing for the tOpiC, no comments were made, and the hearing was closed. Councilor Buckley moved to approve the Outdoor Use of Sound Amplification for Applicant Calvary Chapel Vail Valley for "Fall Fun Night" On October 31, 2006. 4 PM — 10 PM; Councilor Sipes seconded the motion and it passed unanimously by those members present (Phillips absent). Scott Wright, Finance Director presented the 2007 budget to COUOCi| and noted that this hearing was an opportunity for the citizens of Avon to ask questions regarding the document. Councilor Buckley raised questions on behalf Ofthe Avon Business Association about the corporate level of recreation center passes and related termination dates of the p8SSBn. F{eCF8otiOO Director Meryl Jacobs presented the status of the punch cards. After some discussion about ideas on how tO handle the expiration date of corporate p8SSeS. it was agreed that the town [O8n8g8r & recreation director review the policy and possibly provide some alternatives. Finance Director Scott Wright noted that a public notice for the hearing was printed in the newspaper. [}ieouSSinn ensued about trying to include the budget document on the tOvvD'S VVebGite and using the distribution list to inform the public about its future consideration. Mayor Wolfe opened the public hearing for TOvvD of Avon 2007 Budget, no CO[DDleOtS were no8de, the hearing was closed. RESOLUTIONS K8@yO[ Pro Tern Underwood requested that Resolution NO. 06-38. Series of 2006, Resolution In Support of Referendum |: The Co|VnGdO Domestic Partnership Act be withdrawn from the agenda, that She is not interested in asking for Council support of this legislation due to the negative campaigning going OD during this election cycle. Norm \Ntx}d. Town Engineer, presented Resolution 08-40' Series of 2006. Resolution 05- 40.GeheS of 2006, /\ Resolution Approving the HDa| [|UDdOnniniU[n Map for Mountain Center Condominiums, a ReSubdiviSiOO Of Mountain Center Condominium Building and Mountain Center Phase 2' TOVVO Of AVOD, Eagle COUntv, Colorado". The project is at 910 Nottingham Road and the proposed subdivision will nesubdivida two units and create approximately 11 new units and common elements. Staff recommended approval Of the map. Councilor Sipes moved to approve Resolution 08-40' Series of 2006, Resolution 06-40.8eheS of 2006, A Resolution Approving the Final COOdODliOiUDl Map for K8OUOt@/D Center C0nd0rDiDiUDlS. Councilor McDevitt seconded the motion and it passed unanimously by those present (Phillips absent). Community Development Director Eric Heidemann introduced new senior planner Matt Gennett tO the Avon Town Council. Matt Pie|StiCker, P|8DmBr, presented Resolution NO. 06-41. Series of 2006 Resolution formally commenting OD the draft White River N8LiOD8| Forest Travel Management Plan and draft EOvin]DDleOt8| |Dlp8{t Statement COnnDleOtS On draft White River National Forest Travel Management Plan". He noted that this resolution was 8 follow-up from prior meetings and the open house held in /\UgUSt. Based on the data collected at the 0SetiOgS, staff submitted to COUDCi/ 8 list of detailed comments in reSpODS8 to the draft White River National Forest Service -[[8v8| K88D@geDleOt Plan for the Holy CnOSS Ranger District, which SUrn]uDda Avon; the rnernO included 8 summary of the plan and proposed comments. Thursday, 10/228/06 is the deadline and everyone was encouraged to respond; it was Suggested that staff include the numbers Of people who participated and commented. Councilor Ferraro moved t0 approve Res0|UhOO No. 08-41. Series of 2000. Resolution h}rm8||y CO00eOUng on the draft White River National Forest Travel Management Plan. Councilor Sipes seconded the motion and it passed unanimously by those present (Phillips @bSeDU. Regular Council Meeting Page 2 of 4 October 24, 2006 NEW BUSINESS Bob Reed, Transit Director, presented the |DteFgOVeOlrDeOtG| Agreement with Beaver Creek Metropolitan District for Transportation Services Agreement. He noted that the Agreement addresses transportation services from 11/1/06 through 10/31/07 and is the same as the prior y88[ He also noted that the rate is based on @{tu8| costs. COUOCi|Or Buckley moved to approve the |G/\ with BCN1D. Councilor Ferraro seconded the motion and it passed unanimously by those present (Phillips gbseni\. Larry Brooks, Town Manager, presented the Hazardous Material Recycling FeqUest from the Eagle-Vail Property Owners' Association @SkiOQ for a monetary contribution to sponsor a hOUS8hON h@z0Et C0UeCtiOD day. Several changes have been made to this event and the Eagle Valley Alliance Group is the main sponsor at this time and the location will be the F8CyC|iDg center on the lFFge[Creek Property. It was nBCO00eDded that the item be tabled at this time until 8ddibOO@| iRfO[DlEdinn can be obtained on both the COSt & the dat8. So that ultimately the Avon resident might benefit from the event. TOWN MANAGER REPORT Scott Wright, Finance Director and Larry BFOOk3' TOvvO Manage[, have distributed G request for pnOpOS@( On behalf of the Urban Ren8VV@| Authority to obtain prOp0S@|S for an urban r8Devva| p|8D for Avon, due back DO later than 11/17/06. BnDohS also noted that he vvOu|d not attend the candidate forum because he would be at a CAST meeting. TOWN ATTORNEY REPORT John [}Unn. Town Attorney, noted that he vvDu}d be out of town for the next meeting on 11/14/O8. MAYOR'S REPORT Mayor Wolfe noted the dates of several candidate forum meetings taking place in the near future. He also noted that Eagle County Commissioners have funded Avon's transit center in the amount of $40OK; the Avon Town Council expressed their appreciation for this funding from the county. Larry Brooks, Town Manager also presented an update on the recent 1-70 Coalition u (�rOUp'S 2 n8OOu8/ retreat, 8 meeting where the focus is to continue [0 address 1-70 alternative modes Of transportation, Eagle River Preserve 8t8tUS & 8tHe[iDQ Committee Update was provided by Mayor Wolfe 8Swell. CONSENT AGENDA Mayor Wolfe asked for a nn0tiOO OD the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the CODSeDt agenda; Councilor Sipes seconded the motion and it passed unanimously. 8. Contract with /\xiG for the "Silver Sneakers" national fitness pnJgngno for senior citizens b. 2000 8tF8e1 |Dlpr0veDleDtS' E|8Dl Construction, Inc. Change Order 003 - Final Change Order c. Design Services PrOpOS8| for Nottingham and Puder Ditch He@dg8te |Dlp[ovenneOtS - Bishop BrOgden'Inc Regular Council Meeting Page aof* October 24, 2006 There being no further business to come before the Council, the regular meeting adjourned at 6:30 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting October 24, 2006 Page 4 of 4 � J� L:4 I I me To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins ILL- Date: October 30, 2006 Re: Service Agreement with Vail Associates Inc. (D.A.R.) Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one -year service agreement for 2007 between the Town and Vail Associates Inc. for vehicle maintenance. Financial Implications: The agreement contains our standard price of $90.00/hour ($95.00/hour for 2007) for routine and preventive maintenance as well as repair and replacement. We have billed V.A.I. (D.A.R) 2,990 hours of labor ($269,148.00) in 2006. Recommendation: Staff recommends approval of the one -year service agreement with Vail Associates Inc. Town Manager Comments: .r ,r SERVICE AGREEMENT This agreement is made and entered into this day of , 2006 by and between Vail Associates Inc., a Colorado corporation whose address is P.O. Box 7, Vail Colorado, 81658 (hereafter know as "VAI ") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of VAI to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the Beaver Creek Resort Company buses, which are operated by VAI. Service will be performed on approximately 59 buses or other vehicles, although the number of vehicles and equipment serviced may be increased or decreased in VAT's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by VAI ( "Repair and Replacement'). No payment for any Repair and Replacement shall be due unless VAI has approved of such charges. Services may be commenced with verbal approval by VAI of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. VAI acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services ") Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. Compensation: In consideration of Contractor's services during the term of this Agreement, VAI will pay Contractor the shop rate of $90.00 per hour for Routine Maintenance and Repair and Replacement. Effective January 1, 2007 the shop rate will be $95.00 per hour. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10`h of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by VAI. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. Contractor's vehicle washing facilities may be used by VAI. Contact TOA for current wash rates. Terms and Termination: This Agreement will be effective as of October 1, 2006 and will terminate on September 30, 2007 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a Joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by VAI to its employees. Contractor shall provide VAI an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of VAI, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2006. Vail Associates Inc. A Colorado Corporation By: EXECUTED this day of , 2006. TOWN OF AVON By: EXHIBIT A V1if1RK a p, "A" PM 3,000 miles or $90.00 hr. $95.00 hr after 1/1/07 Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $90.00 hr. $95.00 hr. after 1/1/07 Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of September 1, 2006. 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Change Order 001 is proposed to add in the cost of items agreed upon in the original contract to be paid as Time and Material items. Discussion: The items which were agreed upon during the original contract negotiations to be paid as Time and Material items include the following: • Coffer Dam (Culvert) Modification • Coffer Dam (Culvert) Transport • Importing Boulders • Vertical Wall to Boulder • Left Wing at Junior added Time and Material • Bond and Insurance Fees In addition to the list of fees above, this change order includes 36.5% of total charges from PSI Crane and Rigging to account for placement of boulders that exceeded the original contract quantity by 36.5%. Due to unexpected conditions encountered at the site, the increased quantity of boulders was required to complete the project. U I Change Order 001 is summarized below: Item Description Total Price Culvert Modify $970.00 Culvert Transport $650.00 Import Boulders (Materials & Trucking) $21,686.65 Vertical Wall to Boulder & Viewing Area $13,290.60 Left Wing at Junior $1,800.00 36.5% of PSI total billing $8,375.80 Subtotal $46,773.05 15% Profit and Overhead Surcharge $7,015.96 Bank Fees in Lieu of Bond $8,788.87 Insurance $2,995.72 $ 3,000 $ 2,500 Total $65,573.60 The total value of Change Order 001 with Ted Seipel Construction, Inc. is an increase of $65,573.60 to the construction contract. Financial Implications: The current budget for the Eagle River Enhancement Project is summarized below: 2 Original Projected Base $354,401 T & M (Change Order 001) $ 65,574 Direct TOA (precast, coffer, signs) $ 53,325 Construction (Base, T &M, Direct TOA) $455,000 $473,300 Easement Acquisition (Surveying, Legal, Title, Etc.) $ 29,000 $ 31,885 Engineering (Design & Construction Monitoring) $ 12,000 $ 13,500 Project Administration $ 3,000 $ 2,500 Contingencies $ 24,950 $ 2,765 Total $523,950 $523,950 2 Recommendations: Approve Change Order 001 to the contract with Ted Seipel Construction, Inc. in the amount of $65,573.60 for items previously approved in the original contract to be paid as Time and Material items. Attachments: Exhibit A — Change Order 001 Town Manager Comments: U CHANGE ORDER Order No.: 001 Date: November 2 2006 Agreement Date: _August 16, 2006_ NAME OF PROJECT: Eagle River Enhancement, Bob the Bridge Whitewater Park OWNER: Town of Avon, Colorado CONTRACTOR: Ted Seipel Construction The following changes are hereby made to the CONTRACT DOCUMENTS: Item Descriptio Quantit Unit Unit Price Total Price Culvert Modify Noble Welding $970.00 Culvert Transport Steve's Towing $250.00 Ted Seipel Construction $400.00 Culvert total $650.00 Import Boulders Brohn Trucking $10,120.00 B &B Excavating $3,646.08 Frei and Sons Quarry $1,089.44 Frei and Sons Quarry $1,261.35 Frei and Sons Quarry $1,427.13 Frei and Sons Quarry $1,305.74 Frei and Sons Quarry $1,283.07 Frei and Sons Quarry $1,553.84 Import Boulder total $21,686.65 Vertical Wall to Boulder 33% of 9/11 to 9/14 37.5 hrs $180.00 $2,227.50 Flagstone Labor and Retaining Wall $3,800.00 Cleanup & Pointing details bike path staging $840.00 area Bobcat 2 days $1,200.00 Lamp post removal $453.50 Structural 3 loads $255.00 LaFarge Sand $480.42 LaFarge Roadbase $257.68 Gallegos Masonry $799.00 Western Slope Flag $911.00 Western Slope Flag $1,079.00 Transport G. J. and back twice + gas TSC $200.00 Tansport G.J. to Avon TSC 7 hrs $45.00 $315.00 Tansport G.J. to Avon TSC 7 hrs $45.00 $315.00 Transport Avon to Gypsum/Gypsum to Avon 3.5 hrs $45.00 $157.50 Gallegos yard Vertical Wall total F $13,290.60 CO -1 I Justification: Ted Seipel Construction has provided documentation of the above "Time and Material" items. All items listed above were agreed upon in the original contract to be paid as "Time and Material' fees with this Final Change Order. Change to CONTRACT PRICE: $65,573.60 Original CONTRACT PRICE: $354,401.25 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $65,573.60 The new CONTRACT PRICE including this CHANGE ORDER will be $419,974.85 Change to CONTRACT TIME: N/A "S 1 Left Wing at Junior 9/7/06 10 hrs $180.00 $1800.00 PSI Total Billing 36.5% over contract ($22,637.30) $8,375.80 Subtotal $46,773.05 15% Overhead and Surcharge $7,015.96 Total before Insurance and Bank Fees $53,789.01 Alpine Bank Fees $8,788.87 Insurance CCIA Insurance $1392.30 Increase limits of Liability Policy $220.42 Farris Machine Policy $515.00 Cat 325 on $325,000 $868.00 Cat 320 No Charge Insurance total $2995.72 Total $65,573.60 Justification: Ted Seipel Construction has provided documentation of the above "Time and Material" items. All items listed above were agreed upon in the original contract to be paid as "Time and Material' fees with this Final Change Order. Change to CONTRACT PRICE: $65,573.60 Original CONTRACT PRICE: $354,401.25 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $65,573.60 The new CONTRACT PRICE including this CHANGE ORDER will be $419,974.85 Change to CONTRACT TIME: N/A "S 1 APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: CO-3 0 I J� Ig I To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Shane Pegram, Engineer 11 Date: November 7, 2006 Re: Town of Avon 2007 Street Improvements — Program Summary and Design Services Proposal Award Summary: The 2007 Street Improvements Program generally consists of- Section 1: West Beaver Creek Boulevard - Benchmark Road to Curve just North of Avon Elementary School, approximately 3125 linear feet (LF) of 2- inch asphalt overlay, required striping and remedies for mitigation of transverse cracks present on the existing roadway. Section 2: Wildridge Road East - Approximately 9372 LF of 2-inch asphalt overlay, required striping, grading and shouldering as necessary to provide drainage and protect edges of new asphalt surface. This will include widening of the asphalt surface, narrowing lane widths, installation of an 8-foot wide 'Pedestrian Lane' adjacent to the driving lanes, delineated by a rumble strip, and required guardrail work. Section 3: Wildridge Road West - Approximately 4270 LF of 2-inch asphalt overlay, required striping, grading as necessary to provide drainage and protect edges of new asphalt surface, and required guardrail work. C:\Documents And Settings\Nwood\Local Settmgs\Temporary Internet Fi1cs\OLK23\Counci1 Recommendation Memo 2007 St 1rnp.Doc I I Section 4: Saddleridge Loop - Approximately 3892 LF of 2-inch asphalt overlay, required striping, and grading as necessary to provide drainage and protect edges of new asphalt surface. This will include widening of the asphalt surface, narrowing lane widths, installation of an 8-foot wide `Pedestrian Lane' adjacent to the driving lanes, delineated by a rumble strip, and required guardrail work. We received two proposals for engineering design services in response to the Request for Proposals (RFP) for Engineering Design Services for the 2007 Street Improvements dated October 2, 2006. The RFP is attached as Exhibit A. The design services generally consist of meetings, preliminary design, final design, contract documents, cost estimating, and construction support. The proposals received were in general conformance with Request for Proposals and are summarized as follows: Inter-Mountain Engineering, Ltd. $ 30,900 Marcin Engineering, LLC $ 77,600 In order to evaluate these proposals, the content of the proposals was divided into three separate categories. These categories were Design Team Qualifications, Quality and Conformance of the Proposal and Proposed Fee for Services. All firms submitted quality and conforming proposals. The Proposals from both firms scored equally well on Design Team Qualifications due to their strength in identifying similar project experience. Both firms scored well on Quality and Conformance of the Proposals, although Marcin Engineering failed to mention West Beaver Creek crack mitigation. While Marcin Engineering submitted a more detailed break down of base service fees, and their total Boundary Control fees of $4,700 could be deemed unnecessary and eliminated from their total lump sum fee, Inter-Mountain has proposed a substantially lower base service fee along with lower professional hourly rates that could be incurred for any increase in the scope of work. Since Inter-Mountain's proposal includes the required scope of work with a base service fee that is $46,700 less than Marcin Engineering's fee, it is recommended that the proposal submitted by Intermountain Engineering for Design Services for the 2007 Street Improvement Program be approved C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK23\Council Recommendation Memo 2007 St Imp.Doc 2 a Financial Implications: The proposed project budget for the 2007 Street Improvement Program is shown below. Two sources of funds comprise the 2007 Street Improvement program: 2007 Annual Paving budget of $444,400, and the Wildridge Traffic Calming and Pedestrian Circulation project with a budget of $913,000, resulting in a total program budget of $1,357,400. ' Design $ 35,000 Construction $1,164,000 Administration $ 35,000 Contingencies $ 123,400 Total $1,357,000 Inter - Mountain's design proposal is within the proposed budget of $35,000. The proposal submitted by Intermountain Engineering also allows space in the budget should the need for additional design support arise. Recommendations: Approve the Proposal submitted by Intermountain Engineering, Inc. in response to the Town's Request for Proposals, dated October 2, 2006, for the Town of Avon 2007 Street Improvement Program with a Base Service Fee not to exceed $30,900. Attachments: Exhibit A Request for Proposals Exhibit B Intermountain Engineering Proposal C\DOCUMents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK23\C0Lmci1 Recommendation Memo 2007 St Imp.Doc 3 VJ REQUEST FOR PROPOSAL ENGINEERING DESIGN SERVICES TOWN OF AVON 2007 STREET IMPROVEMENTS October 2, 2006 The Town of Avon is requesting proposals for Engineering Design Services for the Town of Avon 2007 Street Improvement Program. The Engineering Design Services shall generally consist of preparing engineered plans, engineer's opinion of probable costs, specifications, bid and contract documents as required for construction of the Town of Avon 2007 Street Improvements Program. This 2007 Street Improvements Program generally consists of: Section 1: West Beaver Creek Boulevard - Benchmark Road to Curve just North of Avon Elementary School, approximately 3125 linear feet (LF), mill and prepare asphalt surface for 2 -inch asphalt overlay, prepare bid documents plus all related work such as traffic control, striping, etc. Consultant shall also propose remedies for mitigation of transverse cracks present on the roadway. Section 2: Wildridge Road East - 2 -inch asphalt overlay, for approximately 9372 LF, striping, traffic control, grading and shouldering as necessary to provide drainage and protect edges of new asphalt surface. This will include widening of the asphalt surface, narrowing lane widths, and installation of an 8 -foot wide `Pedestrian Lane' adjacent to the driving lanes, delineated by a rumble strip. Design should include identification of all required guardrail work. Section 3: Wildridge Road West - 2 -inch asphalt overlay for, approximately 4270 LF, striping, traffic control and grading as necessary to provide drainage and protect edges of new asphalt surface. This will include widening of the asphalt surface, narrowing lane widths, and installation of an 8 -foot wide `Pedestrian Lane' adjacent to the driving lanes, delineated by a rumble strip. Design should include identification of all required guardrail work. Safety concerns with the delineated pedestrian path at sharp/blind corners should be addressed by the Consultant. I:AEngineering \CIP \Street Improvements \2007 \2.2 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design RFP.Doc 1 Section 4: Saddleridge Loop - 2 -inch asphalt overlay for approximately 3892 LF, striping, traffic control and grading as necessary to provide drainage and protect edges of new asphalt surface. This will include widening of the asphalt surface, narrowing lane widths, and installation of an 8 -foot wide `Pedestrian Lane' adjacent to the driving lanes, delineated by a rumble strip. Design should include identification of all required guardrail work. CDOT Standard Specifications for Road and Bridge Construction will be the used as the standard construction specification where applicable and shall be supplemented as required for complete construction specification. Town of Avon Construction documents will be used for Contract Documents including General Conditions, Bid Forms, Bond Forms and Construction Agreement. These shall be supplemented with Special Conditions as necessary to fully define the work and responsibilities. Tentative Project Schedule: Receive Design Proposals November 3, 2006 Award Design Contract November 14, 2006 Preliminary Design & Options Complete December 5, 2006 Present Preliminary Design to Council December 12, 2006 Final Design & Contract Documents Complete January 26, 2007 Advertise for Bids March 1, 8, 15, 2007 Bid Opening March 23, 2007 Award Contract April 10, 2007 Notice to Proceed April 27, 2007 Construction May 29 — July27, 2007 Please respond to this Request for Proposal as follows: 1. All completed proposals shall be submitted to the Town Engineer at: Town of Avon Atten: Norman Wood, Town Engineer P.O. Box 975 400 Benchmark Road Avon, CO 81620 All proposals must be received by 5:00 PM local time, November 3, 2006. 2. The work to be performed under this proposal includes the furnishing of all labor, equipment, materials, expertise, tools, supplies, insurance, and providing all engineering and related design services for development of cost estimates, construction drawings, specifications and bid documents, and administrative assistance through the bid and construction process for the Town of Avon 2007 Street Improvements Project. I:AEngineering \CIP \Street Improvements \2007\2.2 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design RFP.Doc 2 3. Proposals shall include resumes of selected individuals that will be working on the project both as field and office personnel and supervisors. Pertinent Colorado Professional Licenses and Certifications shall be included. 4. Proposals shall contain a detailed description of services proposed at a base fixed cost and a rate table including, but not limited to, hourly fees, reimbursable unit costs, and company policy for billing travel time and or mileage. Proposal shall also include a project schedule identifying steps and completion dates for each. 5. Proposals shall be separated into Sections 1 -4 as shown above. The Town reserves the right to delete any section of the scope of work after award of the design services agreement. The following should be noted in response to this request for Proposal: A. The Town of Avon is an equal opportunity employer, and complies with the requirements of the American with Disabilities Act wherever pragmatically possible. B. The Town of Avon reserves the right to reject any and all proposals, to waive any irregularities, and to make an award in such manner as they may deem right and proper for the best interest of the Town of Avon. C. The Town is not liable for costs incurred by proposers prior to the award of the contract, or at any time after the award of the contract for any costs related to the preparation or response requirements of the RFP. D. Prohibition Against Employment of Illegal Aliens 1. The Contractor shall not: a. Knowingly employ or contract with an illegal alien to perform work under this public contract for services; or b. Enter into a contract with a Subcontractor that fails to certify to the Contactor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract for services. 2. The Contractor has verified or attempted to verify through participation in the basic pilot employment verification program (created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended ( "basic pilot program ")) that the Contractor does not employ any illegal aliens and, if the Contractor is not accepted into the basic pilot program prior to entering into a public contract for services, that the Contractor shall apply to participate in the basic pilot program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. This provision shall not be required or effective if the basic pilot program is discontinued. I:AEngineering \CIP \Street Improvements \2007 \2.2 Design (Engineering)A2.2.2 RFP & Proposals\2007 St Imp Design RFP.Doc 3 M 3. The Contractor shall not use basic pilot program procedures to undertake pre - employment screening of job applicants while this public contract for services is being performed. 4. If the Contractor obtains actual knowledge that a Subcontractor performing work under this public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: a. Notify the Subcontractor and the contracting state agency or political subdivision within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the Subcontractor if within three days of receiving the notice required pursuant to paragraph 4(A) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 5. The Contract shall comply with any reasonable request by the Colorado Department of Labor and Employment ( "the Department ") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. §8-17.5 - 102(5)(a). 6. If a Contractor violates a provision of the public contract for services required pursuant to paragraphs 1 -5, the Town may terminate the contract for breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. Questions concerning this proposal should be addressed to Jeffrey Schneider at 970 -748- 4134 or at the above address. Please note that answers to questions asked by a participant will not be distributed to the other respondents. Thank you for your time and efforts in response to this request. Sincerely, Jeffrey Schneider P.E. Engineer II Cc: Norman Wood, P.E. Shane Pegram File L \Engineering \CIP \Street Improvements \2007 \2.2 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design RFP.Doe 4 REQUEST FOR PROPOSAL ENGINEERING DESIGN SERVICES TOWN OF AVON 2007 STREET IMPROVEMENTS ADDENDUM I October 6, 2005 The Town of Avon is submitting this addendum to the Request for Proposals for Engineering Design Services for the Town of Avon 2007 Street Improvement Program. The Addendum is a clarification to the scope of work. The clarification to the scope of work includes more detailed descriptions of surveying requirements. Surveying should include locations of driveways, drainage ditches, manholes, valve covers, and guardrails in need of adjustment. The survey will also ensure the proposed improvements can fit in the available space. Questions concerning this addendum should be addressed to Shane Pegram at 970 -748- 4114. Please note that answers to questions asked by a participant will not be distributed to the other respondents. Best regards, Shane Pegram Engineer II Cc: Norman Wood, P.E. Jeff Schneider, P.E. File I:AEngineering \CIP \Street Improvements \2007 \22 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design Add RFP.Doe I Inter-Mountain Fwn*,neer1nvLv, November 3, 2006 Town of Avon Attn: Mr. Norman Wood. Town Engineer 11.0. Box 975 400 Benchmark Road Avon, CO 81620 Via: Delivery RE: Proposal for Engineering Design Services Town of Avon 2007 Street Improvements Dear Norman, SCE We appreciate the opportunity to submit the following proposal for engineering design services in connection with the Town of Avon's 2007 Street Improvements project, IME is uniquely qualified for this work due to our solid working relationship with Town staff, our familiarity kvith the project area, and that we are a local firm with extensive design experience in projects of this size and scope. Over the years, IME has successfully completed many similar projects for the TwNn ofAvon, including East Avon Street Improvements, Swill Gulch Road Improvements. Nottingham Road Improvements, Hurd Lane Improvements. 2005 & 2006 Avon Street Improvements., as well as numerous drainage projects and surveys, Sandra E. Mendonca, P.E. will serve as the project manager and has been with IME since 1999. She has over 22 years of experience with civil project planning, design and construction. Robert Yost. E.I.T. will be the project engineer. Resumes are attached for your review. Scope of Services IME will provide the following services,- West Beaver Creek Boulevard: IMF obtain centerlinc, edc of road, driveway locations., ma es and valve locations for entire length of proposed improvements. IME will then prepare a plan showing, the extent of asphalt milling, 2' over'lav and striping froin Benchmark Road 10 CUrVC JU.St north of Avon Elernenta-v School, approxi mat elv 3. 1, 215 1-1 IMF, will allso propose rernedies f6rmitigation ofiransverse cracks, present on r0ad\vay. The base fixed fee for this proposed scope of services is S 8,300.00. 2. Wildridge Road East: JMF' �urvcyor v,'1111 oblam centerline, approximately 50- toot cross sections at 100 -boot "n'tervals, drivewav location Information, drainage ditches, manhole and valve covers, and guardrad to,- the entire length of)-yroposed 6_.-51 S, R&,,ere Paekwpy, Suite #165 `v Centennial, Coporada 801 -11 * Pho,?e- 303 9,48 6220 9 Fax 303`948 6526 40801 U.S. Hijv. 61 Suite 203 a RD, Box 978 -b Av =on, Colorado 81620 * Phone: 970 9499 3Ml * Toll Free: 800 856 2258 916 Palmp_, St. a S-alida, Colorado 8120' e Phone: 719 539 1183 Fax: 719 539 1183 a Mr. Norman Wood Proposal - 2007 Street Improvements Page 2 improvements. mprovements, IME will then prepare a plan showing the extent of 2" asphalt overlay and milling, where necessary to match existing paving at intersections and driveways for approximately 9,372 LF. IMEs plans will include necessary widening of the asphalt surface for an 8-foot pedestrian lane adjacent to the driving lanes. Pavement striping, del ineators"2'rumb I e strips, guardrail work, utility adjustments and necessary gradin'.'shouldering for proper drainage to protect the new edge of paving will be shown or noted on the plans. Traffic control will be addressed in the contract documents. The base fixed fee for this proposed scope of services is S 8,600.00. Wildrifte Road West: IME surveyors will obtain centerline, approximately 50- foot cross sections at 100-foot intervals, driveway location information, drainage ditches. manhole and valve covers, and guardrail for the entire length of proposed improvements. IME will then prepare a plan showing the extent of 2" asphalt overlay and milling, where necessary to match existing paving at intersections and driveways for approximately 4,270 LF. IME's plans will include necessary widening of the asphalt surface for an 8-foot pedestrian lane adjacent to the driving lanes. Pavement striping., del incators,"runible strips., guardrail work, utility adjustments and necessary grading/shouldering for proper drainage to protect the new edge of paving will be shown or noted on the plans. Traffic control will be addressed in the contract documents. The base fixed fee for this proposed scope of services is S 7,100.00, 4. Saddlerifte Loop;1 IME surveyors will obtain centerline, approximately 50 -foot cross sections at 100-foot intervals, driveway location information. drainage ditches, manhole and valve covers., and guardrail for the entire length of proposed improvements. IME will then prepare a plan showing the extent of 2" asphalt overlay and milling, where necessary to match existing paving at intersections and driveways for approximately 3,892 LF. 11\4E's plans will include necessary widening of the asphalt surface for an 8-foot pedestrian lane adjacent to the driving lanes. Pavement striping, delineators/rumble strips, guardrail work, utility adjustments and necessary grading."shouldering for proper drainage to protect the new edge of paving will be shown or noted oil the plans. Traffic control will be addressed in the contract documents. The base fixed fee for this proposed scope of services is S 6,900.00. The above listed price,; will also include the following: 5. [ME will prepare detail sheets showing any necessary details and typical cross sections tor all road projects. 6� IME will submit one preliminary design for each road section to theTo'Vkn for review, IME�8,111 prepare one set of-edline revisions based on Town of Avon review comments and submit these drawings as Final Construction Drawings. One final opinion of probable cost, the quantities from which will be used to prepare the Itemized Bid Schedule, will be included. 84 IME kvill prepare one set of Specificatlon.S. will Include'l-own of I Akon Contract Documents, Soeclal Cond"'t'lons, ,vhlch will define the tra0fic control ands Mr, Norman Wood Proposal — 2007 Street Improvements Page 3 other pertinent details of the work, and Construction Specifications, where CDOT Standard Specifications for Road and Bridge Construction will govern where - applicable. 9, IME will attend one pre-bid meeting, the bid opening and the pre-construction meeting. 10, ]ME will be available to respond to contractor's questions during the bidding process as well as during construction., to prepare addendums and for submittal review. Schedule IME will begin work immediately upon notice of award of the design contract. Final construction plans and documents will be completed by January 26, 2007, Anticinated Proiect Schedule Begin Surveying,,"Design November 15, 2006 Submit Preliminary Design December 5, 2006 Submit Final Design & Contract Does. January 26, 2007 Attend Bid Opening March 23, 2007 Fees The total base fixed fee for the proposed scope of services is S 30,900.00. If additional surveying or cross sections are required additional costs may be incurred. A copy of our Fee Schedule is enclosed. This fee includes reimbursable fees, which will be billed per the Fee Schedule. IME's general conditions, which are incorporated into and made part of all of our agreements for services. are enclosed. Please review them carefully. Note that you will be billed monthly for services to date. Invoices are due upon receipt. If invoices remain unpaid after 30 days, you will be charged a service charge of 1.75% per month. If' it should become necessary to enforce collection, Inter-Mountain Engineering will be entitled to recover its collection costs, including attorney's fees. Also note that the only warranty or guarantee made by Inter - Mountain Engineering, Ltd. in connection with the services performed hereunder is that we will use that degree of care and skill ordinarily exercised under similar conditions by reputable members of the engineering profession practicing in this area. No other warranty, express or implied. is made or intended by this proposal for consulting services or by furnishing oral or written reports. We look forward to working with the 'l-own toward a successful project. Sincerely, Inter-Mountain ' Engineering. Ltd, Robert R. Yost 41 Project Engineer H "rA Inter Mountain EngineeringMd. SANDRA E. MENDONCA, P.E. Engineering Manager Ms. Mendonca joined the firm in 1999 and has over 23 years experience in public and private sector engineering. Project Tvpes: • Civil Site and Roadway Design • Subdivision Planning and Design. • Water Supply, Transmission, Storage and Distribution Systems • Drainage Studies and Design • Erosion Control and Stormwater Quality Management • Wastewater Collection and Disposal Systems, Lift Stations and Force Mains • Water, Sewer and Drainage System Master Plans • Grant Writing and Grant Project Administration Since her employment with IME, Ms. Mendonca has served as Project Manager for River Park, a 150 unit multifamily residential development in New Castle; Sunray Meadows Condominiums, a 136 unit multifamily residential development in Steamboat Springs; Buffalo Ridge, a 244 unit multifamily residential development in Avon; Swift Gulch Bike Path in Avon; Buck Creek and Metcalf Gulch Drainage Improvements in Avon; Nottingham Road Streetscape and Street Improvements in Avon; Nottingham Road Bike Path in Avon, West Beaver Creek Boulevard Construction Services in Avon; The Gates, a 49 unit condominium development in Avon; Richard's Lake, a 300 lot planned unit development in Ft. Collins and a variety of other commercial and residential site development projects in Eagle County, Lake County, Summit County, Avon, Steamboat Springs, B achelor G ulch, V ail, E dwards, E agle, G v . psum, S ilverthome, Boulder and the Denver metropolitan area. Previously, Ms. Mendonca was City Engineer for The Dalles, a community of approximately 14,000 on the south bank of the Columbia River, in Oregon, She provided technical leadership and direction for timely, safe and cost effective development and infrastructure extension, repair and reconstruction. She has extensive experience with planning and public works requirements for water., sanitary sewer, storm sewer, street, bicycle and pedestrian system design, construction and inaintenance. As City Engineer and in. her earlier positions with the USDA Forest Service, Bohannan- Huston, Inc. and Leedshill-Herkenhoff, Inc., Ms. Mendonca designed numerous site, road, and trail grading, drainage, and utility plans for commercial, recreational and residential projects. Ms. Mendonca has taken plans from conceptual design, through final construction and beyond, to operation and maintenance activities. 61551 S. Revere Park-,.vay,, Suftcp- #1 65 * Centclnnial, Colorado 8,0111 e Phone: 3303 948 6-2220 0 Pax: 303/948 65265 ne� 970 949 - 72 * Toll Free: 8CO 856 225-8 40801 U.S. Hwy 6, SOte 203 - P0, Box 978 9 Avon, Colorado 81620 * Pho, 00 915 Pairnl,-r St. * Salida, Cobrado 812011 * Phone: 71 9 539 i'S"I Fax: 719 ��39 1133 f f - - Ms. Mendonca has also developed design and construction standards. Documents include the Columbia River Gorge National Scenic Area Design Guide; City of The Dalles Design and Construction Contract Boilerplate, Standard Construction Specifications and Standard Detail Drawings. She also provided technical input for re-writes of City Ordinances. Ms. Mendonca has prepared a broad range of project specific technical C construction specifications, contract documents, and engineer's estimates for subdivisions, taxiways, roads and streets (new construction, reconstruction and overlays); sidewalks and trails; parking lots; bridges; utilities (lift stations, force mains, chemical root control, tren.chless pipeline restoration, storrnwater pre- treatment, drainage systems, pump stations, disinfection systems, gravity and pressure pipelines, surge protection, and reservoirs); SCADA systems; erosion control and streambed restoration; retaining walls; and roof replacement. Ms. Mendonca has written successful grant applications and/or served as project manager for a variety of grant funded projects. Funding sources have included Federal Emergency Management Agency, Natural Resources Conservation Service Emergency Watershed Protection Act, Forest Service Challenge Cost Share, Oregon Regional Strategies, Inter-modal Surface Transportation Efficiency Act, NWCPUD's economic development program, and a New Mexico Community Development Block Grant. Ms. Mendonca has supervised conduct of construction services by her staff, authorized change orders and time extensions allowed by Contract, performed final inspections and recommended acceptance of transportation and utility improvements. She has also personally performed construction administration services for a range of projects including roof replacement, elevator installation, bridges, roadways, drainage improvements, utilities, SCADA systems, paths/trails, and striping. For these projects, she documented d wily construction activities and test results and approved pay estimates. Responsibilities: Ms. Mendonca is 11ME Avon's engineering department manager. Her responsibilities include preparing proposals, managing engineering department staff, schedules and budgets, and preparing monthly invoices. She also serves as project manager or senior engineer on technically complex and specialty projects. Personal: • Registered Professional Engineer in Colorado (34353) and Oregon (185 74). • Bachelor of Science, Agricultural Engineering, 1983, Oklahoma State University • Member NSPE, ASCE, NOWRA • CDOT Certified Erosion Control Inspector, M Inter-Mountain Enel[neerin DUANE FEHRINGER, P.E. & P.L.S. Senior Engineer & Land Surveyor U.S. Mineral. Surveyor Mr. Fehringer has been with the fin-n since 1989 and has over 30 years experience in the fields of surveying and engineering. He has performed both design and project engineering and surveying tasks on various projects. Project Tv pes: • Residential. and commercial development, including design, construction management, and surveying. • Construction materials testing • Roadway and bridge construction surveying • Boundary surveys • Aerial photogrammetry control surveys • Storm drainage studies • Superfund site surveys • Pipeline surveys • Railroad right-of-way surveys • Water Right Surveys Representative Everience: Project Manager for engineering and surveying services with Western Engineers- Architects, Inc. in Casper, Wyoming from 1966-1985 who supervised the following projects: Project Types: • Construction management, surveying, and field engineering of the Town Site Construction of Jeffrey City and Shirley Basin, Wyoming. • Approximately 1500 miles of pipeline surveying for construction and right-of- way acquisition of oil and gas collection systems in the Powder River Basin in Northeast Wyoming. Clients included Phillips Petroleum, Belle Fourche Pipeline, and Powder River Pipeline. • Responsible for the surveying and legal descriptions for right-of-way acquisition for 300 miles of railroad in northeast Wyoming. • Responsible for all water right surveys and applications. Project manager with Kaiser Engineers, Inc., a consultant for the Florida Department of Transportation who managed, administered, and perforr.ned design reviews on roadway improvement projects and right-of-way acquisition maps. 5551 S. Revere Park-vvay, Suite 4165 - Centennial, Colorado 8011 1 � Phone: 303 948 6220 a Fax; 3103/948 6526 40801 U& Hvvy 6, Suite 203 a RO. Biox 978 * Avon, Colorado 81620 * Pnoj-,e: 970 949 5072 - Toll Free.: 830 856 2258 916 Pairner St. * Sa4da, C"atorado 81201 � Phone: 719 539 1 183 Fax 719 539 1183 I Project engineer for commercial and industrial subdivision. Supervised the design and preparations of plans, construction documents, and surveying; including roadways, deep and shallow utilities, curb and gutter, grading and drainage of the following developments: • Block 11, Homestead Filing NO. I consisting of 16 acres and 45 lots. • Homestead Filing No. 2 consisting of 138 acres and 101 lots. • Bearcat at Cordillera, Phase I and 11 consisting of 195 acres and 40 lots. • Innsbruck Meadows at Vail consisting of 2.5 acres and 14 lots. Project surveyor for design surveys, construction surveys, pipeline surveys, and quality control surveys on superfund sites including: • Eagle Mine — Mintum, CO • ASARCO —Leadville, CO • Resurrection Mining CO — Leadville, CO • Henderson Mine — Winter Park, CO • H.S. Gathering, Inc. • North American Resource, Co. Responsibilities: Mr, Fehringer is responsible for all surveying services at Inter-Mountain Engineering, Personal.- 0 Registered Land Surveyor in Wyoming, Nevada, Idaho, Utah, Nebraska, South Dakota, Oregon, Florida, and Colorado. • Registered Professional Engineer in Wyoming, Florida, Utah, Colorado, Nevada, Nebraska, Arizona, and New Mexico. • United States Mineral Surveyor • B.S.C.E. from University of Wyoming • 40 Hour HAZ/MAT Certification • GPS Certified • 24 Hour MSHA Certification 0 Inter-Mountain �UL ROBERT RYAN YOST, E.I.T. Project Engineer Mr. Yost has been with Inter-Mountain Engineering since 2001 and has more than six years experience working as a civil engineer. Mr. Yost has been part of IME's project management and design teams for various projects throughout Colorado. Project Types: • Civil Site and Roadway Design • Site Grading and Drainage Design and Drafting • Pipeline Design and Drafting • Field Inspection and Materials Testing Representative Experience: Project Engineer for the 2005 and 2006 Avon Street Improvements., Avon, Colorado. Project Engineer for River Park Condominiums, New Castle, Colorado. Assisted in design and drafting of construction plans, as well as project management and coordination. Project Engineer for Sunray Meadows Condominiums, Steamboat Springs, Colorado, Assisted with design of construction plans, as well as project management/coordination. Design Engineer for Nottingham Road Improvements, Avon, Colorado. Assisted with design and drafting of construction plans. Design Engineer and Field Engineer for East Avon Streetscape Project, Avon, Colorado. Assisted with design and drafting of construction plans and answered contractor's questions during construction. Design Engineer for Buck Creek Drainage Improvements, Avon, Colorado. Assisted with design and drafting of proposed pipe and channel improvement plans, profiles and details under the supervision of a licensed engineer. Assisted with quantity take-off and engineer's estimate. Field Engineer for Buffalo Ridge Condominiums, Avon, Colorado. Responsible for scheduling and conducting quality assurance testing services under the supervision of a licensed engineer, Field Engineer for Metcalf Ditch Drainage Improvements, Avon, Colorado, Provided field engineering services and quality assurance testing services under the supervision of a licensed engineer. 6,55 i S, R&,,,e,,e Parkwa�4, Suite #165 * Clenterinial, Colorado 80111 9 Phone: 303 9-18 62210 - Fax: 303/948 651526 40801 tl'L& H<v,,, 6, Suite 203 o P.O. Box 978 * Aian, COloraido 81620 - Phone: 970 949 5072® Tofk Free.. 8 # 65 6 2258 9116 Palmer St. 4 Salida, Colorado 81201 * Phone: 719 539 11831 Fax: 719 539 11183 0 Personal: ■ Bachelor of Science, Civil Engineering, 1996, University of Minnesota, Institute of Technology — Minneapolis, Minnesota " Fundamentals of Engineering Certification (E.I.T), November 1996 • University of Minnesota- Duluth, Minnesota, September 1991- May 1992. Curriculum focused on mathematics, computer science and economics. • ACI Concrete Testing Certification ■ Troxler Nuclear Gauge Safety Training I 0 "rA lnter�Mountain Engineerinszu& RON MAHON, P.L.S. Chief Surveyor Mr. Mahon has over 25 years of experience in the field of surveying. He has provided project management, quality control, and surveying tasks on various projects. Protect Types: • Roadway construction surveys • Gas and oil exploration surveys • Mining claim and mine operation surveys • Aerial photogrammetry control survey • Boundary surveys • ALTA surveys • Residential and commercial surveys • Industrial machinery placement surveys Representative Experience: Project manager providing quality control and quality assurance to I.C.F. Kaiser Inc., on the Robinson project, mine expansion, Ely, Nevada. Mr. Mahon was the chief mine surveyor for mines in Wyoming, Nevada, California. Responsible for the layout of dams, pipelines, roads, buildings, aerial control and monthly volumetrics. He was in charge of scheduling personnel training, and acquiring and evaluation of survey equipment. As assistant to the County surveyor he was in charge of the inspection of maps to be recorded, research, legal descriptions, setting property corners, section breakdowns, FEMA Certifications, and ALTA surveys, Project surveyor on commercial sites in Nevada consisted of curb & gutter, underground utilities, rough grade, and building layout. Personal: Licensed Land Surveyor in Colorado and Nevada. GPS Certified • 24 Hour MSHA Certification 65�5 If S, Revere Pa! k-way,, &J,te # 165 v Centenniai, Colorado 8011 i * Phone: 303 948 0-220 s Fax� 30a/948 6.526 40801 U& HApv. 6, Su�ke 2Q3 * P0. ----'ox 978 * Avon, C'dorado ✓ 1620 o Phone: 7 0 949 5072 * Tol' Pree: 800 856 225,8 916 Pa?mer St. *Salida Cdorado 3 1201 * Phone. 719 539 1183' Fax: 719 539 1183 0 AInter-Mountain XEngmieeringud. KAREN KIDD, E.I.T. Design Engineer Ms, Kidd has been with Inter-Mountain Engineering for approximately I year, and has more than three years experience working as a civil engineer. Ms. Kidd has been part of IME's project management and design teams for various projects throughout Colorado. Proiect. T ives: ■ Civil Site and Roadway Design ■ Site Grading and Drainage Design and Drafting • Erosion Control and Stormwater Quality Management ■ Drainage Studies and Design Representative EXperience: Design Engineer for the driveway design and drainage improvements for a 3-lot subdivision near Dotsero, Colorado. Assisted with design and drafting of construction plans including the driveway plan and profile, and completed the drainage design and Stom-iwater Management plan for the project. Assisted with project management. Design Engineer for drainage and grading design of a Panda Express commercial site in Fort Collins. Assisted with grading and drainage design and drafting of construction plans and erosion control analysis, as well as the management for the project. Design Engineer for a residence in Prospect at Mount Crested Butte, Mount Crested Butte, Colorado. Assisted with design and drafting of proposed drainage and grading improvements and details, the completion of a Stormwater Management Plan and Report under the supervision of a licensed engineer. Assisted with project management. Prior to working for IME, Ms. Kidd gained experience in project management and field supervision and coordination, including cost management, writing technical specifications, scheduling, and the role of the construction lead including dally coordination of materials and personnel. Other duties included: concrete batch design and inspection of field placement, soil sampling and identification, technical writing. quality assurance, and &encral engineering design. 6551 S. Revere Pariwjay_ Suite #165 * Cen,enrdal, Gobrada 8011 I * Phone: 303 948 6220 * Fax: 303/948 6526 408'0,11 U.S, Hvey. 6, -Suitie 201" a P.O. Box 9-78 * &,,'on, Colorao_o 81620 a Phone: 9770 949 5072 9 T-Dif Free: 800 856 2258 91 6 Pafr ner St, a Saida, Cotorado 81201 * Phone: 719 539 1183 Fax: 719 539 1183 N Personal: ■ Bachelor of Engineering, Civil Engineering, 2001, Villanova University, Villanova, Pennsylvania • Masters of Civil Engineering, Geotechnical Engineering, 2005, University of Colorado, Boulder, Colorado ■ Fundamentals of Engineering Certification (E.I.T), Pennsylvania, 2001 Z:� 9 KrA Inter-mountan .I EngineeringwL January 1, 2005 PROFESSIONAL FEES: Principal Engineer Project Manager Senior Engineer Project Engineer Design Engineer Field Engineer Surveyor Survey Crew without GPS 2 Man Survey Crew with GPS I Man Survey Crew with GPS Senior Technician Technician Technical Typist Computer Processing Photocopies Blueprinting Outside Services Mileage @-�, $0,40 per mile I $13 5. 00,11ir $1 15,OOI'hr $1 00,00/hr $90.00/hr $80.00/hr S75.00/br $1 00,00/hr S 13 5. 00/hr $155,00/hr S130.00/hr $80,00/hr $70,00/1-ir $40.00/hr $65,00/hr $0.15 /each $3.50/sheet Actual Cost -x-15 °,'`0 Schedule overtime (after 6:00 p.m. and weekends) 1.5 x base rate. overtime must be scheduled 24 hours in advance on weekdays and on Thursday for weekends. 6551 S. Revere Parkway, Suite 4165 - Centennial, C04craudo 80111 1 - Phone: 303 948 6220 - Fax: 303/948 65-26 408011 U.S. Hvjy 6, Suite 203 & P,0. BOX 978 e Avun. Coforado 81620 a Phone: 970 949 5072 ® To" Free: 800 856-2-258 916 Palmer St, * Salida, Colorado 81201 * Phone: 719 539 1 -183 Fax: 719 539 1183 z [ji 1:j I- I To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Shane Pegram, Engineer II Date: November 8, 2006 Re: Roundabout 4, Conversion from 3/4 to Full Roundabout Summary: The Town of Avon has determined that Roundabout 4, a 3/4 roundabout located at the intersection of Avon Rd. and Benchmark Rd, would better serve the community and provide more efficient traffic flow between East and West Avon as a full roundabout. Discussion: The Town of Avon has requested a proposal from Inter - Mountain Engineering, Ltd. for Civil Engineering Design Services for the conversion of Roundabout 4 from a 3/4 roundabout to a full roundabout. The Civil Engineering Design Services will generally consist of preparing engineered plans, engineer's opinion of probable costs, specifications, and bid and contract documents all in coordination with Ourston Roundabout Engineering of Santa Barbara, CA. Inter - Mountain Engineering was the only firm to be contacted for a design services proposal with the assumption that their prior involvement with providing topographic surveying services for Ourston's preliminary Roundabout 4 design would result in a substantial cost savings. _Financial Implications: Inter - Mountain Engineering's total base service fee including a 10% contingency is $44,547.25, and is to not be exceeded without prior approval. The 2006 Town of Avon Budget includes $40,000 in 2006 for design and the proposed 2007 budget includes $410,000 for construction. While the total design proposal from Inter - Mountain Engineering is slightly higher than budgeted for 2006, $4,049.75 of the proposal is a 10% contingency and the portion of the total fee that will be incurred during 2006 will be within budget. C:ADocuments And Settings\Nwood \Local Settings \Temporary Internet FilesyOLK23\lnte- Mountai1 Proposal Council Merno.Doc I I Recommendations: Approve the Proposal submitted by Inter - Mountain Engineering for Roundabout 4 Conversion with a Base Service Fee not to exceed $44,547.25. Attachments: Exhibit A Inter - Mountain Engineering's Proposal C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \lute- Mountain Proposal Council MemO.Doc 2 Ar 9 Inter-MounWn November 3, 2006 Mr, Shane Pegram Town of Avon P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 Hand Deliver— 500 Swift Gulch Road Re: Proposal for Civil Engineering Design Services Revisions to Roundabout 4 Dear Shane, Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for extra design services for the above referenced improvements. Statement of Work The purpose of the planned construction is to convert existing roundabout 4, located at the intersection of Avon Road and Benchmark Road, from a 3 /'4 roundabout to a full roundabout in coordination with Ourston Roundabout Engineering (ORE). Phase I — Information Gathering (Begin 11- 14 -06) The horizontal alignment provided by ORE will serve as a baseline for obtaining additional data necessary to completely describe planned construction activities. IME will generate proposed contours and prepare up to ten cross sections along the horizontal alignment using proposed spot grades and cross slopes indicated on ORE's grading plan and plan and profile drawings. Contours and cross sections will extend beyond the right-of-way, as necessary. IME will also gather available data, plans, right-of-way documents, and utility company as-built drawings for the area surrounding the roundabouts to supplement ORE's and our 6661 S. Revere P a rkwa)A, Suite #i 65 � Cent penni a I, Colomdo KI I Phone: 303 94�8 6,220 - Fax: 3 �/9,48 ;,526 40801 U.S, 6, Suite 203 9 P0, E3o,,, �,-j78 o Avon, Colorado 81620 Phone: 970 949 5072 � TrAl 800 8`56 23,25-8 91 6 Palmer o Sai da, Coiorado 81-901 * Phone: 719 539 1 183 Fax 719 51 1 83 earlier work (and the topographic map and control provided for the project by the Town). Existing drainage improvements, shallow utilities, trees 3" and larger, and other pertinent surface features within the planned disturbance limits will be field located during the additional survey, as needed. During this stage of the work, any additional right-of-way or temporary construction easement requirements will be identified. The base topographic map prepared earlier will be supplemented using the above information and provided to ORE for their use as background to their final demolition, grading and plan and profile drawings. Duke Fehringer will oversee the additional field survey. No team meetings are scheduled during this phase of the work Phase 11— Final Design (complete by 12-29-06, present to Council 1-9-07) The information provided by ORE will serve as the final design basis for IME to further develop the final design as stated herein and prepare construction documents for modifications to roundabout 4. ORE's demolition plan, grading plan, and plan and profile drawings will be integrated into IME's final design and construction documents. IME expects to supplement ORE's plans with a cover sheet with general notes; horizontal control plan; striping, marking and sign plan; cross sections; and pertinent Town of Avon standard construction detail drawings. IME also anticipates providing Town of Avon standard notes relating to adjustment of existing shallow utilities and irrigation systems and transplanting trees to ORE for inclusion on their demolition plan and electronic AutoCAD drawing files with proposed, finished ground contours, required easements, drainage improvements and erosion and sediment controls to ORE to include on their grading plan and/or plan and profile drawings, as appropriate. IME will prepare legal descriptions for temporary construction easements and/or additional right-of-way, if required: however, the number, and thus the cost, is not fixed at this time. Fees for this additional service will be negotiated with the Town during the final design stage of the work when the extent and number of legal descriptions needed is clear. [ME will coordinate with ORE as necessary throughout the final design development to ensure continuous communication and input. IME will compile 10:S A H our final plan sheets and those of ORE, integrating them for a complete construction drawing set. IME will also prepare necessary construction documents, utilizing CDOT Standard Specifications for Road and Bridge Construction and Town of Avon Contract Boilerplate as their basis, and a final engineer's opinion of construction costs. ]ME has scheduled one meeting with Town staff to discuss development of the final design and one presentation of the completed final plans and associated cost opinion (95%) to Town Council during this phase of the work. Phase III — Construction Documents (complete by 1-26-07) [ME has scheduled one meeting with Town staff to discuss Town Council comments and redline the construction documents prior to finalizing the construction plans, specifications, estimate and contract boilerplate. The Construction Documents will include the following • One complete set of reproducible plans (see list under final design) • One complete Project Manual with Technical Specifications, Bid Tabulation Sheets, and Front End Contract Documents (including special conditions). • One Final Engineer's Opinion of Construction Costs Contingency We have included a 10% contingency in our fee estimate to cover potential overruns in the cost of coordinating work with ORE and unforeseen expenses such as minor changes to the plans resulting from Town staff, Council or ORE input and/or minor changes to the scope of work required of IME. Charges will not be billed against contingencies unless work under this line item is required during the course of the contract. _T-h-a-nk you for your consideration, fan ra E. Mendonca, P.E. Project Manager Enclosures 1 1 iC )3, o 06. 10: � 8 A M 6 N ci 00 N 0 m o N M N m IN 404 N 64 44 44 40 *9 0 44 0 6% .j 19 Cc 1 0 0 w cc 0 u m w ). W co (0 cc > ui to 0. IL 0 0 >. 0 z w > z z z CG W co z N 0 N co tD a N co z z 0 W cc 0 z w w itjkj 0 0 ct E a z = 0 z z 0 LLJ In 0 z 0 ■ uj .§ / \k } � \ 46 � 44 w 0 C6 N( k S No, LU LU z i \ \ �� w | . � | � § �� ] 4x } / 2 ( ; \ ; � ) : TOWN OF "ON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 14, 2006 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD COUNCILORS DEBBIE BUCKLEY KRIS'n FERRARO MAC McDEVITT Amy PHILLIPS BRIAN SIPES TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY McKENNY TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIEHALBURNT I 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 4:30 PM 4:30 PM — 4:45 PM 1. EXECUTIVE SESSION pursuant to CRS 24-6-402(4)(f) for discussion of personnel matters 4:45PM-5:00 PM 2. APPROVAL OF WORK SESSION AGENDA& COUNCIL ASSIGNMENT UPDATES a. Proposed Provisions of Town Dog Ordinances (Ron Wolfe, Mayor) Proposed Suggestions raised by residents during campaigning related to management of dogs 5:00 PM — 5:15 Pm 3. STAFF UPDATES a. Sober Living - Eagle County Program (Brian Kozak, Police Chief) Proposed program that addresses transportation for individuals requiring intervention to social services facilities b. Project Summary & Status Report (Department Directors) Memo only Updates of ongoing departments projects 5:15 PM 4. ADJOURNMENT Avon Council Meeting.06-11.14 Page 1 of 4 TO: Town Council FROM: Ron Wolfe During my time campaigning, management of dogs was brought up by many people with the suggestion that our Municipal Code should be revised. Below are the types of things that were suggested. Do you support directing staff to explore the pro's and con's of these and other potential changes? SUGGESTED PROVISIONS OF TOWN DOG ORDINANCES: 1) All dogs must be on a leash on any town owned park or other property not privately owned 2) Dogs are nor permitted in any children's play area as designated and posted by the Town Manager 3) Dogs are not allowed to run at large (with revisions to the definition of Arun at large') 4) On private property dogs must be contained, restrained or controlled to that property by one or more of the following means: a. Restrained by a leash b. Be on a leash and cable run c. Be within a physical fence d. Be contained and controlled by an electronic device or barrier e. Be under effective voice control or owners physically present and within 25 feet of their dog 5) Dogs will be assumed to be effectively contained, restrained or controlled by the above means unless and until there is evidence that they are not. 6) Housing complexes having exterior property owned jointly or by an association will establish rules for further containment within the property including whether or not the entire property will be treated as a whole or as one or more sub-areas for the purpose of #3 7) On and along public streets and roads dogs must be restrained and controlled by a leash except in any PUD Subdivision (such as Wildridge) that adopts the permissiveness of 4 e. above through the homeowner process required by and described in the approved PUD documents. (how would the police know about this? Would it need to be filed with the town or county as part of their decs?) 1Ll�LJ1�J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: November 6, 2006 Re: Sober Living — Eagle County Summary: This memo is to advise you of the Sober Living — Eagle County program, which is being designed to address the serious substance abuse issues in the county. Previous Council Action: N/A Background: Colorado ranks 5d' in the nation in alcohol consumption and Eagle County's alcohol related arrests rates are 1.3 times higher than the Colorado average. Currently, when a police officer comes in contact with someone who is intoxicated and a danger to themselves the only option is to take the person to the Eagle County Jail for detoxification. The jail is not properly staffed and equipped to deal with these people, who need medical intervention and follow -up counseling. Discussion: The Avon Police Department has joined a committee in a collaborative effort to solve this problem. The committee made a recommendation to the Eagle County Commissioners to form the Sober Living — Eagle County program. The program will provide transportation to individuals requiring intervention to Colorado West Regional Mental Health Recovery Center in Glenwood Springs, Colorado. There, medical professionals can monitor the detoxification process. Volunteers from Sober Living — Eagle County will follow -up with patients in an effort to prevent repeat law enforcement contact. Financial Implications: Initially, the Sober Living — Eagle County Committee will request that the County fund the program, which has been estimated at $228,000, annually. However, the program may request municipalities to assist with the transportation costs to eliminate the need of police officer transports. The County Commissioners supported the program during the initial presentation last week. The Avon Police Department recommends that the Eagle County Commissioners be complemented for their support of this program. The Sober Living — Eagle County Committee will finalize the program and make an official presentation to the County Commissioners in the first quarter of 2007. Town Manager Comments: f 0-01 W, (0 iri C\l 0 'a D co CL 0 0) E E 0 0 z V) fl .� 0 Z- CL O= > °._—, (t cli cz 70 c CD 0) a 3: 2i c c = LL LL 0) 0 > 0 0 LL 0 0 c = 0 E m = 0- z 00 0 .S 0 co C\l CD m m 0 cc CC E (z 0 z=, (Z 0 = 0 W C: ;> 0 Q) LU 0 :5� :E co LO > o 0 8 =3 cr Z C: 0 CL 0 .2 2 -0 ID = > a) LIJ :3 0 co CL Q) a. 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