TC Council Packet 01-23-2007TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, JANUARY 23, 2007
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL
DAVE DANTAS
KRISTI FERRARO
AMY PHILLIPS
TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN
TOWN MANAGER: LARRY BROOKS
TOWN CLERK: PATTY MCKENNY
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 1 PM
1:00 PM — 1:30 PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) Pursuant to CRS 24 -6 -402
(4)(b) conference with town attorney for the local public body for the purposes
of receiving legal advice on specific legal questions related to the Confluence
and pursuant to CRS 24- 6- 402(4)(f) for discussion of personnel matters
1:30 P — 1:45 PM 2. INTERGOVERNMENTAL AGREEMENT FOR REGIONAL HOUSING (Ron Wolfe,
Mayor) Review of proposed IGA for consideration by the Blue Ribbon
Housing Panel as submitted by Eagle County Staff
1:45 PM — 2:00 PM 3. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES
a. Beaver Creek Marketing Update (Rich Carroll, Councilor)
2:00 PM — 3:00 PM 4. JOINT MEETING WITH STONE CREEK ELEMENTARY SCHOOL BOARD MEMBERS
(Cynthia Forstmann, School Board Member) Dialogue with Board members
about the current needs and future plans of Stone Creek School
3:00 PM — 4:15 PM 5. IMPACT FEES (Tom Pippin, BBC Research) Presentation and Q &A to explore
the feasibility and legal framework of impact fees
4:15 PM — 5:15 PM 6. VILLAGE AT AVON (Jason Carroll, Clifton Gunderson) Presentation of the
Traer Creek and Village Metropolitan District 2007 budgets
ADJOURNMENT
Avon Council Meeting.07.01.23
Page 1 of 4
TO: Avon Town Council
Town of Avon Staff
FROM: Ron Wolfe
Mayor
SUBJECT Housing Council IGA
County Staff has presented a draft Housing Council IGA to the
Blue Ribbon Housing Panel. This is to be discussed and finalized at our
next meeting on February 1. Feedback and proposed changes are
requested before that meeting. The draft has several areas that I
believe need revision and these are reflected in the marked-up version
that is attached.
The edits that I plan to respond with make the following points:
(1) Do not overstate or calamitously present the housing issue
before the public understands and accepts the nature,
magnitude and consequences of the housing problem.
(2) Public awareness, education and acceptance are the
necessary first step and must be recognized and presented as
such.
(3) Projection that there is a preordained outcome of a regional
housing authority (RHA) with a new tax will not be acceptable
to the public and will result in the same sort of "blank check"
response from the public that the Early Childhood
Development received.
(4) There are possible regionally coordinated land use and
development strategies to motivate the production of
attainable housing and these must be fully explored along
with a RHA and tax.
Your comments on the draft IGA are needed to help finalize my
response and direction at the Panel meeting.
Housing Council Term Sheet
• Multi- Jurisdictional Housing Council's Authority and Purpose:
1) Organize and position a multi jurisdictional housing authority for a special
election as a special district with funding authority, recognizing that the
County, as a whole, lacks housing that its workforce can afford and that a
multi jurisdictional authority with the ability to fund itself is the preferred
solution to the housing shortage;
2) Prevent housing problem from worsening pending adoption of a multi -
jurisdictional housing authority by recommending multi jurisdictional land
use and housing policies;
3) Aid in creating workforce housing throughout the County, including for
employees of the County and the Towns, through both drafting model housing
and land use legislation for adoption by the Towns and the County and
supervise the creation of additional affordable housing units.
4) Educate the public as to the lack of affordable housing in the County.
• Housing Council Funding and Budget: all voting participants of the Housing
Council shall contribute to its annual budget, which is estimated to be $250,000-
$400,000.
• Housing Council Term: April 1, 2007- December 31, 2008
• Housing Council Corporate Organization:
• The Housing Council shall consist of no more than 15 voting Directors,
preferably from 9 -13.
• Its Directors shall include each of the Gore /Eagle Valley municipalities
along the 1 -70 corridor (Vail, Avon, Minturn, Eagle, Gypsum, and Red
Cliff) and the County.
• The remaining six Directors shall be drawn from representatives of major
employers, Eagle County school and metro districts, private housing
developers, the Vail Board of Realtors, and the public at large, to the
extent allowed by law, chosen by the government representatives.
• The Housing. Council shall also include a 10 member non - voting advisory
committee of interested individuals and entities. There shall be no fee to
participate as a member of the advisory committee.
• The Housing Council shall include officers as required by Colorado law, shall
keep summary minutes, and have defined powers to effect the purposes described
above. The Council shall also have an executive committee.
• Each Director shall have one vote.
• The Housing Council budget shall fund the salary of a full -time Executive
Director.
• The Housing Council shall conduct monthly meetings open to the public, and it
shall conduct an annual audit.
.-
INTERGOVERNMENTAL AGREEMENT RE FORMATION OF
GORE/EAGLE VALLEY HOUSING COUNCIL
THIS AGREEMENT regarding the formation ofn multi-jurisdictional housing council is
made and entered into this ____ day oF_______ 2O07,hy and between the Towns nf
Vail, Avon, Minioon. Red Cliff, Eagle, and Gypsum (collectively the `^Toxms")' and the
County ofEagle (the ^^ConuLy"), all governmental entities operating within the State of
Colorado. Collectively these entities are also referred to hereinafter as the "Parties."
Recitals
\9DBR8A8, intergovernmental agreements toprovide functions cx services, including
the sharing of costs of such services or functions, by political subdivisions of the State of
Colorado are specifically authorized pursuant to Section 18, Article XIV of the Colorado
Constitution and byC.B.8. §29-|-20|.o/xm7.;
WHEREAS, any combination of statutory towns and counties may contract with each
other, without a popular vote and by agreement only, under C.O'B. §29-l-204.5to
establish a separate �ovecumcut� entity known as umuh�miodicbona| housing ou{borhy
to effect the planning, financing, acquisition, construction, reconstruction or repair,
mniutcumncc, muuuDemcu{, and operation of housing projects or programs pursuant tou
multijurisdictional plan;
WHEREAS, a housingproblenj exists within Eagle County and its 11 _1
! Deleted: crisis
municipalities regarding the lack of housing affordable for its workforce; and I ------ ------------
WHEREAS, studies indicate that Eagle County and its municipalities lack 3500 units of
housing affordable N its workforce; and
WHEREAS, the Urban [uud Institute has recommended the formation ofuregional
hnomiu�body Nad�nuu the lack ufuf�rdublu housing with pu�icipu1ion�omthe public
and private sectors throughout By�}uCounty; and
WHEREAS, a multi-jurisdictional authority is best suited to address the lack of
affordable housing 0000ty-vvide; and
WHEREAS, the Towns and the County agree to form umuki-judodicbouu\ council to
address the lack of affordable housing county-wide (hereinafter the "Housing Council").
NOW THEREFORE, in consideration o[ the mutual promises and covenants contained in
this Agreement, the Parties agree uofollows:
|. To create the Housing Council and to fund its annual operating bud�etua
provided for in Exhibit "A" hereto.
INTERGOVERNMENTAL AGREEMENT RE FORMATION OF
GORE/EAGLE VALLEY HOUSING COUNCIL
THIS AGREEMENT regarding the formation oCu multi-jurisdictional housing council is
made and entered into this __day of__,2[07, by and between the Towns of
Vail, Avon, Mintum, Red Cliff, Eagle, and Gypsum (collectively the "Towns"), and the
County of Eagle (the "County"), all governmental entities operating n/idzinbbe State of
Colorado. Collectively these entities are also referred to hereinafter aathe '^Pmtios."
Recitals
WHEREAS, intergovernmental agreements ioprovide functions nrservices, including
the sharing of costs of such services or functions, by political subdivisions of the State of
Colorado are upeoiOcu|h/ authorized purnnuu/ to Section 18' /\Uix|o %|V of the Colorado
Constitution and byC.R.9. §2V-|-20|'a/«m7.;
WHEREAS, any combination of statutory towns and counties may contract with each
other, without u popular vote and 6y agreement only, uodorC.R.8. §29-l-2O4.5 to
establish o separate governmental entity known as umubijurixdiudoua| housing authority
to effect the planning, financing, acquisition, construction, reconstruction or repair,
maintenance, management, and operation of housing projects or programs pursuant to a
mu|1ijuziodiob000lp|ao;
�
WHEREAS, a h ing oudhm '-� -pnoblgn exists within Eagle County
mon��ub�urcgurd��thc6okoy6ous�gafDxdu6|oDndavvodkD�ux;ood ---
WHEREAS, studies indicate that Bu��County and bomuuicipaJd �
municipalities
housing affordable to its workforce; and
WHEREAS, the Urban Land Institute has recommended the formation of a regional
housing body to address the lack of affordable housing with participation from the public
and private sectors throughout Eagle County; and
WHEREAS, a multi-jurisdictional authority is best suited to address the lack of
affordable housing oouoty-vvidu; and
WHEREAS, the Towns and the County agree to form a multi-jurisdictional council to
address the lack of affordable housing county-wide (hereinafter the "Housing Council").
NOW THEREFORE, in consideration of the mutual promises and covenants contained in
this Agreement, the Parties u�reous follows:
l. To create the Housing Council and tn fund its annual operating budget xo
provided for in Exhibit "A" hereto.
U�
m�
2. To appoint one Director, each with one vote, to serve on the Housing
Council until December 31, 2008, or until and if a multi jurisdictional housing authority
is created by intergovernmental agreement or special election, whichever is later. These
Directors shall select up to an additional six (6) Directors from among the following
entities or groups:
a) The major employers of Eagle County;
b) The Eagle County School District;
c) Eagle County unincorporated metro districts;
d) Private housing developers;
e) The Vail Board of Realtors; and
f) The public at large.
3. To appoint a ten (10) member advisory committee, with no voting rights,
from appropriate local interest groups, including the groups described above.
That the Housing Council shall have four primary purposes: Formatted: Font: Not -BoldI
a I: duCa _tllc_ pre lic as to the lay l� of affordable hoes n , in the Count _ and to the
pt�tentlal ct�lY ec111e1 c s c.-f this situation,.
,b) Prevent the lack of affordable housing in the County and the T_ owns from
Deleted: a) Create a, nulttinrisdiedonal
worsening nd.�Iid in creating workforce housing throughout the County and the
tinder C § 29-1 -
housing authors uC.R.S.
204.5, and propose a ballot measure
Towns, specifically including the workforce of the governments of the County
' regarding the authority ofthat
and the Town, by recommending multifaceted ted land use and transit legislation and
multipn„sdictional housing authority to
through tllc..propcs<tl It needed. c�1 �pclfic..ploltcts i.4ilititlfZ III tl.. direct
establish a funding mechanismpursuatit
toC.x.s §29- 1- 204.5(7s);T
creation of new affordable housing; and
T _
_
t Deleted: pending creation of a multi-
c)_li 'Specific c housirl� profectS are identified for re6onal execution that can orily
Jurisdictional housing authottty;T
— �-
be achieved through d regional multi -�trisdictloiial hoLisi g_a ithol ltd! pursuant t
Deleted: T
c) A
C_R.S, 29-1-20d.5) arid the establishment of a.new t _fund s u_I_c�_(piE�Ltant
to C.R.S. ti 29-1 -2204 SC7L5�_ pr()pt?S t2 ballot measure 1t1 aLltllt)rlLt and estdl)I%Sli
-
these mechanisms
—
-
Deleted: T
r
Deleted d) Educate the public as to the
5. That the Housing Council shall adopt by -laws regarding its specific
lack of affordable h
housing m the County T
operation, which shall require the following:
a) That the Housing Council shall include officers as required by Colorado law;
b) That the Housing Council shall keep summary minutes of its meetings;
c) That the Housing Council shall have defined powers to effect the purposes
described above;
d) That the Housing Council may have an executive committee and any other
committees needed to effect the purposes described above;
-2-
I
o) That the Housing Council's budget shall fund the salary ofafull-time
Executive Director;
D That the Housing Council shall conduct monthly meetings open to the public
io compliance with all open meetings laws;
�>
That the Housing Council shall conduct on annual audit;
b) That only appointed Housing Council Directors, or a Director's delegate, shall
bo allowed to vote o1Housing Council meetings;
i) That each Director, or his cx her delegate, obuU have one vote; and
j) That o quorum ofu simple majority ol Housing Council Directors shall 6o
uccuoaucy for any vote, and u simple majority ofoquorum shall 6o required to
recommend adoption of any legislation to its constituent public bodies.
6 That J any part, term, mprovision of this Agreement is held byacourt of
competent jurisdiction tobe illegal orbo conflict with any federal law nr law of the State
of Colorado, the validity of the remaining portions or provisions shall not be affected, and
the rights and obligations of the Parties hereto shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
7. That nothing iu this Agreement iointended to create mF',ranttoany third
party m person any right m claim for damages or the right W bring or maintain any action
at law.
8. That uu Party hereto waives any immunity at law, including immunity
granted under the Colorado Governmental Immunities Act.
9. That this Agreement is intended uy the complete integration ofall
oudcrstondin�sbetween the pm�ivaand couutducuthe en1ioAgreement between the
parties hereto; no prior or contemporaneous addition, deletion, or other amendment shall
have any force or effect, unless embodied herein in writing or attached as an exhibit
hereto and referenced herein.
|k The Parties hereto agree that this Agreement is contingent upon all funds
necessary for the performance of this Agreement being budgeted, appropriated, and
otherwise made available. Any financial obligations that may arise hereunder, whether
direct cvcontingent, ubo|| only extend to payment o[ monies duly and lawfully
appropriated by the governing bodies of the Parties hereto. Should any Party hereto fail
to participate iu the Housing Council because necessary funds have not been budgeted or
duly appropriated bytheir governing body, that body shall withdraw from participation io
this Agreement.
}l. To the extent allowed hy law, each Party hereto agrees toindemnify,
defend, and hold harmless all other Parties, and their respective agents, ofGco,a,nud
omp|oyoca. from any and all loss, costu, damages, injuries, liabilities, claims, liens,
demands, actions and causes of actions brought bya third party arising out ofnrrelated
-3-
� M
to the respective Party's performance or nonperformance under this Agreement. No
Party hereto shall be deemed to assume any liability for intentional or negligent acts of
any other Party hereto.
12. Any notices or other communications required or permitted to be given
hereunder shall be given in writing and delivered personally or by electronic mail to the
attention of the individual signatories below and as provided for in Exhibit B hereto, or to
such other address as any of the Parties designate by written notice. Notice shall be
deemed given on the date of delivery,
IN WITNESS WHEREFORE, this agreement is executed and entered into on the day
and year first written above.
TOWN OF VAIL, STATE OF COLORADO
By:
Rod Slifer, Mayor
ATTEST:
BY:
Town Clerk
TOWN OF AVON, STATE OF COLORADO
By:
Ron Wolf, Mayor
ATTEST:
BY:
Town Clerk
By:
Gordon "Hawkeye" Flaherty, Mayor
ATTEST:
BY:
Town Clerk
so
N
TOWN OF RED CLIFF, STATE OF COLORADO
By:
Ramon Montoya, Mayor
BY:
Town Clerk
TOWN OF EAGLE, STATE OF COLORADO
By:
John Stavney, Mayor
Fjx#1M*U
BY:
Town Clerk
TOWN OF GYPSUM, STATE OF COLORADO
By:
Stephen M. Carver, Mayor
01VAIMN
BY:
Town Clerk
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF COUNTY
COMMISSIONERS
By:
Peter Runyon, Commissioner
ATTEST:
BY:
Teak J. Simonton, Clerk to the
Board of County Commissioners
-5-
M11
I
EAGLE COUNTY
■r
U r 1 111
Meeting Notes 01-04-2OV7
Eagle County Blue Ribbon Housing Committee
Page I of 9
N
9MEMEM
The second meeting of the Blue Ribbon Housing Committee was held Thursday, January 4, 2007, from
9:00 - noon at Miller Ranch. Bruce introduced a style of operations for the Committee: S + R + O. The
formula stands for "Situation" plus "Response" (action) _ "Outcomes ". The group will also use the "NO
BMW" Rule (no blaming, moaning, or whining).
Committee members reviewed the voting on solutions identified at the last meeting. After discussion of
the #I proposed solution, the Committee agreed on the following outcome:
Form an Independent Housing Council immediately, with its #I goal to define
and create a Housing Authority and bring it before the voters.
The next meeting will be February I, 2007, 9:00 a.m., at Miller Ranch. Homework for the session is as
follows:
Review the draft Term Sheet for the Independent Housing Council (see Page 9 of these notes)
The agenda for the meeting will be to review feedback and make decisions on the Independent Housing
Council, and discuss solutions ranked #2 (Higher Density,TOD Development) and #3 (Miller Ranch -style
project).
Committee members requested the following information, which will be e- mailed prior to the February
meeting:
• Eco Transit Model
• 1 -70 Coalition Model
• Summary of the Urban Land Institute Presentation
Committee members signed up for future tours of housing projects in Summit County, Pitkin County,
and Stapleton and Belmar in the Denver area. If you would like to be added to these tour lists, contact
Keith Montag.
Eagle County Blue Ribbon Housing Committee
Page 2 of 9
1
Meeting Agendij"
Thursday, January 4, 2007
9:00 8.rn. — Noon
Miller Ranch Community Center
MEETING #6: November 30,2006
MEETING #5: January 4,2007
MEETING #4: February |,20O7
|. Introductions and Welcome
2. 3 + R = [)
3. #| Ranked Solution: ULI(]
Outcomes and Action Steps
MEETING #3:TbteDetermined
MEETING #I:TbbeDetermined
MEETING #|: To be Determined
Peter Runyon, ArnMencuni
Bruce Baumgartner
pdon — Countywide Special District
4` #2 Ranked Solution: igher DensityTransit C)henceJ Development
Outcomes and Action Steps
5. #3 Ranked Solution: Miller Ranch Type Housing Project
Outcomes and Action Steps
RESOUK[ETA8B: Feel Free mBring Additional Information m Place onTable for Distribution to
Committee Members
TOUR SIGN-UP: 8o sure co sign upif you are interested in tours ooPitkin County, Summit
County, and/or Stapleton/Belmar
Eagle County Blue Ribbon Housing Committee
Page 3 of
U�
n�
Murk4J|en
Diane Johnson
Kevin Armitage
Aa6erMos|nn
8hzn Bair
ArnMenconi
John Bren6za
Steve Mikzram
Tim Cochrane
Puo|oNur6uzzi
Don Cohen
Cris Nolan
Leroy Duroux
Tony O'Rourke
Tom Edwards
VincencRig8io
Gerry Flynn
MurkRisto*
Tori Franks
Peter Runyon
Mark Gordon
|u|ie3cencei
^
Tom Gorman
Jon Stavney
G|ennHee/an
NinaTimm
Kara Heide
Ron Wolfe
Leslie Isom
STAFF: FACILITATOR:
8ruce8umganmer Kathy Chandler Henry
KTGazunis
Keith Montag
Cliff Simonton
Alex Potente
Eagle County Blue Ribbon Housing Committee
Page 4o/9
Solution #1 Discussion:
Housing Authority/
Housing Council,/
ULI Recommendation
Several outcomes were identified for this solution, some with Action Steps outlined.
All outcomes proposed by the group are listed below:
~�~
Produce diverse housing, as defined by market research and desired percent of
Area Median |nconneA\M|\.
Design to be self-funding (estimate: $250.000 - $400.000/vear operating costs
and $gO million construction cooto).
Promote public/private partnerships.
~�~
Purchase deed restrictions (use like conservation easements).
Clearly define the roles and responsibilities of the Housing Authority.
Determine election requirements —2OO7orZ0O8?
B. Retain current housing available and affordable for the County's workforce.
~�~ Control conversion of housing units from workforce to second home or retiree
housing by
Eagle County Blue Ribbon Housing Committee
Page 6m9
B. Create countywide mechanisms for employers to purchase housing units.
C. Create awareness countywide about housing need and build support for solutions.
~=�
Create positive view of deed restrictions as acceptable community housing.
Create realistic expectations of financial growth available through deed
restrictions.
Provide u broader awareness of who needs housing assistance.
D. Retain current housing available and affordable for the County's workforce.
~�~
Control conversion of housing units from workforce to second home or retiree
housing
E. Build 3.000 - 3`500 housing units in the nextdhree - five years.
~�~
Each town adopt u goal to create ){ number of housing units as part of an overall
coordinated strategy through u Housing Council orAuthority.
Towns develop value statements and policies regarding their housing goals.
F Dedicate a certain number of housing units affordable to the community "heros" (those
in helping professions such as teachers, paramedics, etc]
G. Work with land use agencies to adopt uniform policies to keep the housing problem
Include concurrency management concepts.
~�~
Integrate affordable housing into existing community infrastructure.
~�~
Utilize Transit-Oriented Development concepts.
The County should take the lead in adopting policies.
Eagle County Blue Ribbon Housing Committee
Page 6'*v
1
Purchase deed restrictions.
=w
Include Basalt and B Jebel. The Council would include Towns and Private
Enterprise, with the County taking the lead role. Council membership should be
^�
Operate for two years at $2SO,00-$400,00 per year.
Form through an |GA or similar agreement.
Develop as an intermediate step coforming the housing authority.
�*-
Utilize the |HCtu promote uniform housing guidelines for local jurisdictions.
Utilize the |HC to promote housing goals (#ofunits) in each comnnnunity.
~�-
Determine shared values around housing.
Investigate the use of Transfer Fees and other funding mechanisms, including
impact fees.
Facilitate purchase of housing units by employers.
Develop deed restrictions that work for Eagle County.
Form an Advisory Council.
Eagle County Blue Ribbon Housing Committee
Page 7n/v
I
After reviewing the proposed outcomes, Committee members agreed on the following
outcome:
Form an Independent Housing Council immediately, with its #I goal to define
and create a Housing Authority and bring it before the voters.
In order to achieve the outcome, several action steps were identified:
ACTION STEPS AND TIMELINES
I. Determine Council Membership
Possible members suggested include each Town, the County, major employers, metro
districts, developers, public member(s) at large, Board or Realtors.
2. Create an Advisory Group to meet month
3. Secure funding for 2007 through a "Pa to o Play" membership plan. Base fees on a
percentage of General Fund budget for public entities. Use the Eco- Transit model to assist
in development.
4. Draft an Agreement, with Town and County input.
E -mail a draft to Committee members the week of January 15th, with a goal of gaining
signatures from Council members sixty days after the Agreement is created.
5. Draft a Scope of Work
Bruce will coordinate development of the draft, which will be e- mailed to Blue Ribbon
Committee members the week of January 15th.
6. Develop a "Summary Sheet ", or "Sales Sheet'; of reasons to form the Council.
Eagle County Blue Ribbon Housing Committee
Page 8 of 4
M
1. Review the draft materials, including:
Independent Housing Council Term Sheet, including:
Scope of Work
Membership
Funding Mechanisms
2. Discuss the draft with your Board, agency, and/or constituents;
validate the proposed terms or suggest alternatives. E-mail
your approval or your suggested alternatives to:
Kathy Chandler-Henry
11111111111511111
il ,
11119F' Me
3. Come to the February 1st meeting to finalize and approve the
Term Sheet.
Eagle County Blue Ribbon Housing Committee
Page 9 of 9
To: Honorable Mayor and Town Council
Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: January 19, 2007
Re: Materials for Stone Creek Elementary School attached
Summary:
Included in this packet are the following items:
• Letter dated January 19, 2007 from Stone Creek Elementary School
• Memo dated November 20, 2006 regarding Stone Creek Elementary School Lease — First
Amendment (Tap Fees)
• Memo dated November 9, 2006 regarding Stone Creek Elementary School — Request for
Waiver of Tap Fees (this includes Stone Creek Elementary School Lease between Town of
Avon and the School)
• Minutes from November 14, and November 28, 2006
January 18.2O07
Dear Members of the Avon Town Council,
On behalf ofthe parents, students, staff and Board Members of Stone Creak School, | want
to thank you for your support and your willingness to continue the dialogue about the current
needs and future plans of Stone Creek School.
While we are dealing with our fair share of start-up challenges, there is an energy amongst
the school community that ia contagious; one that inspires action. Our children love it here –
they are challenged, engaged and learning. And we are excited to see them blossom and
grow, not only academically, but as young people who are experiencing just how capable
they ore, kids almost in uvve of their own potential.
As part of some committee work last week, a group of parents and teachers had a chance to
brainstorm about our "school story" with Betsy Hill, our principal.
Bot yto|dus.^|t'oncdon|yaboutaoadmmiohgoc VVe want to teach our children how Lolive
rich and fulfilling lives. VVu want them to learn 1odo good in the wodd."
What has started over here on Yoder Avenue ia something special. Something that took a
tremendous effort to get off the ground. Something that will continue Vz take long hours, hard
work and the commitment of a community to make it a viable and lasting educational option
for the children of Eagle County. Aeiu true of any new undertaking, we have made
mistakes. It's a small community and you are |ikeTy—awureof areas where we need tndo
batter.
Much has transpired since your November invitation toe Working Session. The purpose of
this letter is to provide an update about our situation and to outline the conversation we
would like to have with you next week. Here are the highlights:
• At the suggestion of the Charter School Institute, our authorizer, we have expanded our
Board to nine directors to help share the workload during a critical phase of our
development.
• We have filled the Board with a diverse group of professionals who bring a broad range
of talent and experience.
. Directors include:
o Kevin Randa ia manager, Country Wide Private Mortgage inAvon;
o Jana Tronnbetta owns a local real estate company;
• Derrick Bretta works for Eagle County Schools and owns a real estate brokerage-,
• Cynthia Forstmann owns a national marketing and pr firm;
n Laurie Liddinkiea former teacher and certified financial planner;
oLynnetteK8iscio founded and manages a local restaurant;
o Bill Hammer iean entrepreneur in several businesses;
• John Sataniello is general manager of the Ritz Carlton Club, Bachelor Gulch; and
o Josue Rubio serves oa pastor of the New Life Assembly of God inAvon.
• Bill Hammer has recently stepped aside as President of the Board. We will vote in a new
President a1 our February Board Meeting.
• A huge priority and a current focus is a refinance of our current debts that will enable us
io pay creditors and solidify our operating budget.
• Laura Fiemann from Tatonka Capital Corporation will attend next Tuesday's meeting to
answer questions about the financing arrangement her company is preparing for Stone
Creek. VVe are also investigating alternative funding solutions.
• A second area of focus is on organizing the Board and all of the important work that
needs doing.
• We have called an Executive Session of the Board for Friday, January 1 9th to continue to
flesh out a Strategic Plan for the school that will help us prioritize our activities.
• We have several Board Committees up and running and will launch other key project
teams over the next several weeks. These teams will focus on areas such ao initiating a
capital campaign, filling our classrooms and exploring our options for a permanent
location.
We understand that the purpose of Tuesday's meeting is to share greater detail about our
needs and plans so that the Council and the Town of Avon can make decisions about
extending our lease and its associated terms. This iau critical conversation for us; an
extended lease will impact the provisions of our refinance and our ability to attract new
families to Stone Creek.
We appreciate your support and willingness to help us strengthen our school's foundations.
Our aim is to demonstrate to the Council that despite our growing pains, we have made
some big strides in getting organized about the tasks ahead ofus. VVe want you tohave
confidence that the right people are in place and that we have the guts and gumption to
move this school forward.
The other day on our after-school drive from Avon back to Eagle, my 10-year old daughter
asked me "if I ever had the feeling I was here on Earth to do something really special." She
told me she has that feeling about herself. That had me smiling all the way home.
VVe look forward toan honest dialogue and a productive meeting with you next week. If you
have any questions in the meantime, please feel free to contact me.
Regards,
Cynthia Forstmann
Director, Stone Creek School Board
328-0786
300-3841
cc: Stone Creek School Boerd, Betsy Hill
0375 Yoder Avenue, Avon, CO 970.74&4535
W
MEMO
TO:' Honorable Mayor and Town Council
FROM: Elizabeth Pierce-Durance, Assistant Town Attorney
DATE: November 20, 2006
RE: Stone Creek Elementary School Lease — First Amendment (Tap
Fees)
At a meeting held on November 14, 2006, the Council voted to amend its
property lease with Stone Creek Elementary School ("School") to reflect the
Town of Avon'-- willingness and agreement to pay a $10,400.00 water tap fee, as
requested by the School, while retaining all the rights and privileges associated
with that purchase. Specifically, Councilor Ferraro moved to amend the lease
between the Town of Avon and Stone Creek Elementary School to provide that
the Town will pay the $10,400 tap fee and that the tap stays with the property
and is credited to the Town's property upon Stone Creek's departure of the
premises. Councilor Sipes seconded the motion and it passed with a four-to-two
vote (Underwood and McDevitt nay).
Attached therefore is a proposed Lease amendment, reflecting the
Council's agreement.
0
TOWN OF AVON
RESOLUTION 06-
A R14 SOLUTION APPROVING AN AMENDMENT TO A
LEASE BET1VE_)7N THE TONVN AND STONE CREEK
ELE",MENTARY SCHOOL
W'NEREAS. Slone Creek Elementary School has requested that the ToNvil pay or
waive tap fees on its behalf as tenant of Lot 5. The Village at Avon. riling l { "Lot and
WIAEREAS_ the Town is willing to pay- that fee vd)jle retaining to itself and for the
Premises all the rights and privileges purchased thereby;
Rt0«7 - TNE-REFORE. BE IT RESOLVED:
1, An Amendment to the School Lease. a copy of which amendment is filed with
the minutes of this meeting_ is hereby= approved.
ADOPTED at a renular meetim of the Town Council of the To -wn of Avon the 28th
day of November 2006.
Ronald C. _Yolfe. Mayor
ATTEST:
.Patty mcKennv. Town Clerl:
I
FIRST AMENIDMENIT TO STONE CREEK ELEMENTARY SCHOOL LEASE
TOWN OF AVON AND STONE CREEK ELEMENTARY
A lease of properly entered into bel-\veen the TOAA"-' OF AVON, COLORADO
june 2006. as evidenced
(To-wri) and STONE- CREED E'LETNIENTARY (SchOOD On ill is
by the written Lease attached hereto as E-_x with I . Is herebv amended lo replace
itlen Lease with the following apreemerit:
entirety= paragraph 10 of the wr
10. UTIL11-JES The School shall be responsible for afl Litfles furnished for ibe
-11 of Av011 vvaier tap
'vilig e-,�cej,_)liori: the Town shall Pa.v a Tow
Premises. 'will, the follm
fee in the amount Of 510.400 ( "the fee"), which fee shall e i ither be paid direct],\. by ihe the
Twvvri 10 the Eagle RiverAkaier and Sanitation District Or reimbursed andhun o 10 Scll()O] *f already paid., The Town shall pay this fee oil hmem derstandille
I )es purchased by . payment 0 sojejv to the
and privileL avineril of the fee belong
111al all I- se alsoever as ihe Town sees
Town as owner of f ibe property to be used for allY P_UJ_PO retain no rl,-,711ts 10 sewer oi-
f1i at the lermillatlOn of this lease. The School, as ieriant. Shall r l.
ymeni of this fee upon termination of the ierianc-v. A
from the pa
-\vaier service arising fi io v the School as lenaril of the land reflecting the -carious -Lis iap fees owed b. -eio and shall
ilo the Tov,,n of Avon eater tap fee referred lo herein.. is attached bei
including
jjONN.7 C.Orisilurte Exhibit C to the Lease.
Except as expressly an-jended Or modified herein. all other terms and provisions of
the Stone Creels Elemenj*ary School Lease Between 7 ONV13 of Avon and Stone Creek
Elemental-V rell-jaill unchanged and in full force and effect.
ATTEST:
STONE CREEK ELEMENTARY SCHOOL
By:
TO'\k'N OF AVON
Bv:
Ronald C. , W, Olfe. NUVOT
Pativ ,McKenny. TmArn Clerl<
STATE OF COLORADO
ss.
COUNTY OF EAGLE l
Subscribed and sworn to before me on this _ day of 2006
by as President of Stone Creel: Elementary School, a Colorado
nonprofit. corporalioll.
Al%inness my hand and official sea].
My Commission expires:
Notary Public
STATE OF COLORADO j
_ ) S�
COUNTY OF EAGLE ]
Subscl-ibed and sworn to before me on this ____ daY of 2006
by Ronald C. wolfe as Mayor and Patty Bicrle IjcKenny as ToN n Clerk of the 1 o�NTrl of
Avon.
AVImess my hand and official sea].
'\w Commission expires:
Notary Public
m
L
OR
NOL
O
CG
Inim
O
I
O
,zt
00
r—
oc
r-
cz
=�
ct U
cn
rf�
C,4
V)
Ic
4u.
4.0
ct
Is
71.
C�� cz
ct
0
m
m
a)
4.1
CL
ul
C)
tin c
cn
z
Q O o�
Q
Q Q
Q
Q
c
� o
Q
E
Ocn
Lw
oc
00 N
EOO
Um
f-4
DO
00
11C
rl
Cl�
Ile
kr)
rn
"!T
C4
tL
CL
O
,zt
00
r—
oc
r-
=�
rf�
C,4
V)
Ic
4.0
DO
C4
tL
LlJ_L�JJ1'J
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
immediate 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 we]) 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 S 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.
lAEngineering\Avon Village2.0 Filing l \Lot 5\7ap Fee Memo -].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%
(52,080) 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 riew school location as applicable. Traer Creek Metropolitan District
has agreed to waive The Villager (at Avon) Incremental Sewer Tap Fee (1 -inch meter
53,921.00) 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 I -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 \Engineenng\Avon Village',2.0 Filing 1 \Lot 5 \Tap Fee Memo -1.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: % %� / -j-
C e. J a i' e c ' < yo
�(v
.f
�i
ff
dd'i i %I_ - G V J dial
(, i c!v+ L_ ('j- c C /E y ^i S G i t e /CJ / CG Il r rtV+ iiS l7 T� 'X Ate✓ l / OM' �%
/-,.4j "7;, .+< 4/7 % r. ?L`/c /' i t✓sy E �` � fc EE ,E�v� ✓% % f Zi
�iG��Ths -ri�,
Attachements: c
Exhibit "A" Stone Creek Elementary School Lease Between Town of Avon and Sion- e���
Creek Elementary
Exhibit 'B" Table 1: 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 I -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
1AEngineeing;Avon Village \2.0 Filing I \Le' 5 \Tap Fee Memo -I.Doc 3 _ ��
r'
/P (/
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, 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:
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.
0
Lr
r r"
I OV. 10 .4 y
M cl� enny,
OV�
Ronald C. Wolfe, Mayor
0
STONE i ,i
BETWEEN
t i i
1. 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(1)(c).grants to the Town the right to enter into this Lease.
3. PREMISES. ne Town hereby leases to the School the surface rights for the
property described as Lot 5; The Village at Avon, Filing l (Premises), situated in the
Town of Avon, Colorado. Attached as Exhibit A is a schematic map depicting the
building, parking 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 full 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.
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 rene-\val of this Lease. The School will provide the Town with quarterly
written reports describing its efforts at locating a permanent site.
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 Schonl shall also pay any real property taxes assessed against
the Premises and nny additional insurance costs incurred by the Town.
N
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 in the approval of a special review
use by the Town and any and all restrictions contained in the approval of the
The Village Design Review Board. The School shall establish and maintain an
outreach program for "at- risk" children and shall provide evidence thereof to
the Town along with quarterly reports as to the success of that program. Any
non - scholastic use of the Premises shall have the prior approval of the Town
staff. In the event the School persists in using the Premises for a purpose other
than school purposes in violation of this Lease or violates the restrictions as
aforesaid, the Town may terminate this Lease by giving prior written notice of
the violation. The School shall then cease using the Premises for the remainder
of the term.
7.2 Right to Cure. Upon receipt of a notice of violation or presumption of
abandonment, the School shall have the right to cure such violation within 10
days of such notice before the Town may terminate the School's leasehold
interest for violation or initiate a civil action in the District Court for Eagle
County, Colorado.
7.3 Purchase of Improvements. When this Lease is terminated, the School shall
remove any and all improvements that it may have erected on the Premises and
restore said premises to essentially the same condition which existed at the
inception of this Lease, to the satisfaction of the Town. The School shall
provide a restoration bond in the amount of $250,000, in the form of cash,
letter of credit or other security acceptable to the Town in its sole discretion, to
guarantee its compliance with this Subparagraph.
8. INDEMNIFICATION AND LIABILITY INSURANCE. To the extent permitted
by law, the School shall indemnify and keep harmless the Town from: 1) any
expense incurred by the Town in entering into and performing this Lease; 2) any and
all losses, damages, charges or claims arising out of the operation of a school facility
on Town property, including without limitation from any violations of The Village
Design Review Board and Town approvals, the School's Charter or state law ; 3) any
and all losses, damages, charges or claims resulting from personal injury, death or
property damages occurring on the Premises; and 4) any costs, including attorney's
fees, whether of the Town Attorney or other attorneys, relating to 2) through 4)
above.
8.1 The School shall place and maintain at all times, at its sole expense, a general
liability insurance policy with respect to the Premises in which the limits of
liability shall be not less two million dollars ($2,000,000) for each occurrence
and with an annual aggregate coverage of not less than five million
($5,000,000).
\'A
8.2 All general liability insurance required of the School shall include the Town as
an additional insured and shall include a provision requiring the insurer to give
the Town thirty (30) days notice prior to cancellation.
8.3 Certificates of insurance issued by the insurer shall be filed by the School with
the Town within 10 days after the date of this Lease is executed by the School.
9. PROPERTY INSURANCE. The School shall obtain and maintain during the term
of the Lease and any renewal period, property insurance in an amount equal to or
greater than the current appraised value of the school buildings and other
improvements on the Premises to insure said improvements with respect to fire, flood,
and other typical local hazards, and certificates of such insurance issued by the
insurer shall be filed by the School with the Town within 10 days after the date of
completion of the building and other improvements. The School agrees that if any or
all of said improvements are damaged or destroyed, said damage shall be promptly
repaired or replacement improvements promptly erected on the Premises by the
School, applying thereto any insurance payments received by it; provided, however.
that if said damage or destruction exceeds 50% of the current appraised value of said
improvements. the School shall be required to repair or replace said improvements
only in the event it is reasonable at that time for it to continue operating a school on
the Premises.
10. UTILITIES. The School shall be responsible for all utilities furnished for the
Premises.
11. MAINTENANCE. The School shall keep and maintain the Premises, including
improvements and vegetation, in a good clean and healthful condition, making repairs
as necessary at its sole cost and expense. The School shall be responsible for snow
removal at is sole cost and expense.
12. IMPROVEMENTS. The School may, with consent of the Town staff and at its sole
cost and expense, at any time and from time to time make such alterations, changes,
replacements, improvements and additions to the Premises and the buildings and
improvements thereon as it may deem desirable, including the demolition of any
building, improvement, and /or structure that now or hereafter maybe situate or
erected on the Premises, provided that the use of the Premises as a school site is not
thereby permanently terminated or abandoned, nor curtailed for a period of time
longer than reasonably required to effect such alterations, changes, replacements,
improvements, or additions. .
13. LIENS. The School shall not suffer or permit a lien to be asserted or filed against the
Premises arising out of its operations or activities. If a lien is asserted or filed against
the Premises, the School shall promptly cause the lien to be removed. Upon failure to
do so, the Town may satisfy and cause the lien to be removed and the School agrees
to reimburse the Town on demand for the costs and expenses of any such proceeding.
N
14. CONSULTATION. The parties aclulowledge that, over the term of this Lease issues
may arise concerning implementation of this Lease that the parties have not now
contemplated. Recognizing that a high level of cooperation between the parties is
necessary and desirable, the parties agree to consult with each other from time to time
concerning this Lease. The parties further agree that their respective representatives
will meet to conduct such consultation upon 10 days written request given by one
party to the other party. In addition, each party shall from time to time designate in
writing such party's "contact person" for all matters involving the administration of
this Lease.
15. NOTICES. Any notice required or permitted by this Lease shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified or
registered mail, postage and fees prepaid, addressed to the party to whom such notice
is intended to be given at the address set forth on the signature page below, or at such
other address as has been previously furnished in writing to the other party or parties.
Such notice shall be deemed to have been given when deposited in the U.S. Mail.
16. DEFAULT AND /OR TERMINATION. All terns and conditions of this Lease are
considered material. In the event that either party defaults in the performance of any
of the covenants or agreements to be kept, done or performed by and under the
requirements of this Lease, the non - defaulting party shall give the defaulting party
written notice of such default, and if the defaulting party fails, neglects or refuses for
a period of more than 10 days thereafter to cure the default, then the non - defaulting
party, without further notice, may, in addition to any other remedies available to it.
terminate all rights and privileges granted in this Lease and this Lease shall be of no
further force or effect. If the non- defaulting party elects to treat this Lease as being in
full force and effect, the non- defaulting party shall have the right to an action for
damages. The Town further shall be entitled, in the event of default, 1) to correct the
default itself and to assess the cost thereof to the School, together with interest at the
rate of eighteen (18) percent per annum accruing from the time of assessment and 2)
to collect interest at the rate of eighteen (18) percent per annum from the time of
default in the event of any monetary default.
17. !WAIVER OF BREACH. The waiver by any party to this Lease of a breach of any
term or provision of this Lease shall not operate or be construed as a waiver of any
subsequent breach by any party.
18. ASSIGNMENT. Neither party to this Lease shall transfer or assign any interest in
the Premises without first obtaining the written consent of the other party.
19. SEVERABILITV. If any provision of this Lease or its application is finally
determined to be invalid, void, or unenforceable by a court of competent jurisdiction,
such provision shall be deemed to be severable, and all other provisions of this Lease
shall remain fully enforceable, and this Lease shall be interpreted in all respects as if
such provisions were omitted.
E
20. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or
describe the scope or intent of this Lease.
21. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
additional documents and to take any additional action necessary to carry out this
Lease.
22. INTEGRATION AND AMENDMENT. This Lease represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings.
This Lease may be amended only by an instrument in writing signed by the parties.
23. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions or
covenants set forth in this Lease shall give or allow any claim, benefit or right of
action by any third person not a party to this Lease. Any person other than the parties
to this Lease who or which receive services or benefits under this Lease shall be only
an incidental beneficiary.
24. GOVERNING LAW. This Lease shall be deemed to have been made in the State of
Colorado, shall be construed under the laws of the State of Colorado and shall be
binding upon and inure to the benefit of the successors and assigns of the parties to
this Lease.
25. IMMUNITIES PRESERVED. It is the intention of the parties that this Lease shall
not be construed as a contractual waiver of any immunities or defenses provided by
the Colorado Governmental Immunity Act, § 24 -10 -101 et seq., Colorado Revised
Statutes.
26. DATE. 1 2006
STONE CREEK ELEMENTARY SCHOOL
VIA
Es
areffloomm
By. C
Ronald C. Wolfe, Mayor
v &F
ATTEST:
S E A L.
Ptj Kenny, 'k0wn Cl As
STATE OF COLORADO
ss'
COUNTY OF EAGLE
SubscrPed ai"d sworn to befo,e me this day of 2006, by
-k Elementary School, a Alo—rad —nonprofit
_N'-�PA014'a�President of Stone (7-:-,
corporation.
Wimess my hand and official sea].
My commission expires:
STATE OF COLORADO
ss.
COUNTY OF EAGLE
TA
blic
44 /a7 /,@ 0 1 C
—'L -
The foregoing document was subscribed and sworn to before me this —
4: 10,
day of JwJ,-( 2006- by Ronald C. V,"nIfe as Mayor and Patty-McKenny as Town Clerk
of the F� To o von.
EIlon
My commission expires:
Witness my hang -/<
��ublary
ic
r
I
j,ca%M731Jw2VMM.h.& L.y—1, 7/254006 10:47:27 AM
I v-
Ai L
m
1.
c �3'
1 I
4 .
ell
57TE PLAN CONCEPT
I v-
Ai L
m
57TE PLAN CONCEPT
g'
I
Ig
... .........
I v-
Ai L
m
H
R
. � ƒ
. < \
M.lj
ARM.-
V
a
M
wQr
Z
N
C C
M8
000
Z
m 0
mm
0
x PO 0
M
m
Lv
OW G)
o
co L"> M
a; -< 0
CY) 0 C) m
CID
mom
;oc z
z
z
m
M
wQr
Z
N
C C
Cam[ - - MMEAM
C
-a cc -Q 00 4-1
C
m
c
r1l
-3
�
��'D
Cho
>
CD
n
>
D
CD
<
0
ft
C-D
o
CD
p:1 rTl
m
rl"
Cam[ - - MMEAM
C
-a cc -Q 00 4-1
C
E5
D
CD
ft
CD
p:1 rTl
m
rl"
C)
- . :=
-
CL
>
W >
O
CL
O CD
a (D
ft
Jj
ft
CL
f-I
>
(D
cL
ac
CD
1�
G
d
(D
CL
CL
,-<
t:s
9
(A
Mr
ft
"I
cn
Ly
ft
ft
S
E
"U.1 l \
t O , , 1 of 810 9 pigs=
n�
.THIS AGREEMENT is made and entered into thiscg_2_ day of , 1999; by
and between the EAGLE -VAIL METROPOLITAN DISTRICT, a quasi - municipal corporation
and political subdivision of the State of Colorado (the "District "), the TOWN OF AVON, a
Colorado municipal corporation ( "Avon "), and EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company, PVRT NOTT I LLC, a Colorado limited liability company,
PVRT NOTT B LLC, a Colorado limited liability company, and PVRT NOTT III LLC, a
Colorado limited liability company (hereinafter collectively referred to as "EMD LLC "). The
UPPER EAGLE REGIONAL WATER AUTHORITY (the "Authority'), a quasi - municipal
corporation and political subdivision of the State of Colorado, agrees to be bound by the terms
and provisions of this Agreement as though a party to the Agreement to the extent obligated by
its terms and conditions.
A. WHEREAS, EMD LLC and the District entered into a water service agreement
(the "Water Service Agreement ") dated May 15, 1997, and agreed to by the Authority, by which
the District and the Authority agreed to provide water service to property owned by EMD LLC,
pursuant to the terms and conditions contained therein;
B. 'WHEREAS, EMD LLC is the owner of approximately 1,789 acres in Eagle
County, Colorado, which land is more specifically described in the Water Service Agreement
(the "Property ");
C. WHEREAS, Avon and the District are Contracting Districts, as that term is used
and defined in the Water Service Agreement, and pursuant to an Intergovernmental Agreement
entered into by participating districts, dated September 18, 1984, and one of the functions or
services to be provided by the Authority is the provision of treated water to the Contracting
Districts, their inhabitants and others;
D. WHEREAS, the Property is situated such that either Avon or the District, in
conjunction with the Authority, is capable of providing water service to the planned development
on the Property;
E. WHEREAS, the Property has recently been annexed into Avon and EMD LLC
and Avon now desire that Avon take over the responsibilities and obligations of the District as
set forth in the Water Service Agreement;
F. WHEREAS, EMD LLC and the District also entered into an agreement dated
May 15, 1997 regarding the sharing of tap fees (the "Tap Fee Agreement"): and
1tj0377
M
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.
a s 11 I
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. Service Contra .t. 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. S-U�io of Avon. 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. Obligations Inder Water ,2_ jceAgrccment. 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.
1h03
-2-
11
E. Use of Water Lines. 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 I (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
PUDtSketch 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:
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-
Itjo37
r1�
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.
1. Paragraph 2(c) shall be amended in its entirety to read as follows:
Watcr Service to the Property. 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.
J. Paragraph 3 shall be amended in its entirety to read as follows:
Servi s—Char=. 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:
Meter Reading and Billie . Meter reading, billing and collection
services shall be provided by the Authority to EMD LLC in the
same manner as provided to other customers of Avon.
L. Paragraph 6 shall be amended in its entirety to read as follows:
Qneration and Maintenance Services. 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.
M
Itjo377
E
i
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 Additional Pronertv. EMD LLC or its affiliates own an
additional 175.5 acres located adjacent to the Property in a portion
of the N1 /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
detennined 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-
itjo -3 r
follows:
n
`J
E
P. Paragraph I I (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 parry in any legal action
shall be entitled to the recovery of its costs and expenses of such
action against the defaulting parry. Costs and expenses shall
include, without limitation, reasonable attorneys' fees not to
exceed a maximum of $175,000.
3. Paragraphs I'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 fixture 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 Propery . 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-
Itj03T%
E
E
4. Except as expressly amended or modified herein,. all other terms and provisions of
the Water Service Agreement and Tap Fee Agreement remain uchanged and in full force and
effect.
I1j03?
Executed as of the date first set forth above.
EAGLE -VAIL METROPOLITAN DISTRICT, a
quasi- municipal corporation of the State of
Colorado
State of • • .d•
i
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
PVRT NOTT I LLC, a Colorado limited liability
company
By:
Title:
-7-
71
PVRT NOTT 11 LLC, a Colorado limited liability
company
By:
Title:
PVRT NOTT III LLC, a Colorado limited liability
company
10,10 en
UPPER EAGLE REGIONAL WATER
AUTHORITY, a quasi-municipal corporation of
the State of Colorado
W 911 71 �W_m
STATE OF COLORADO
ss.
COUNTY OF
Ili
The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement
was acknowledged before me Ys 2LL4t day of 1999, by
as t of the Eagle -Vail Metropolitan District, a
quasi - municipal corporation of the State of Colorado.
My commission expires 312 20C3
Witness my hand and official sea].
4�
0
I tj 03 7 7,
Notary
N
STATE OF COLORADO )
ss.
COUNTY OFt �� )
The foregoing First Amendment to W ter Service and Tap Fee Allocation Agreement was
acowledged before me this 4 day of t . the , 1999, by , ice,,., d < ,� as
of the Town of Avon, a municipal corporation of the S�Colorado.
commission expires 4HF ,C1
Va�itness my hand and official seal.
OF COLORADO )
) ss.
COUNTY OF )
The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement was
acknowledged before me this 4Tat day of � � ; 1999, by tM� %m i'S. aS "" as
I hit,,, 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.
Itj0377
My commission expires
Witness my hand and official seal.
P. SGJ,,y�y, I '• , .
ti Notary/
o
0 colt'C -
N
3�
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement
--)vas acknowlerIged before me this day of , 1999, by
h as : �e Upper Eagle Regional Water
Authority, a quasi - municipal corporation of the State of Colorado.
My commission expires aaC 1
Witness my hand and official seal.
Itj037 i
Notary
we]
e
Lij Flel
October 23, 2006
Eagle River Water and Sanitation District
846 Forest Road
Vail, CO 81658
Dear Sir or Madam:
This letter will serve as notice to the Eagle River and Sanitation District that the following tap fees have
been waived for one year for Stone Creek Elementary:
Village at Avon/7raer Creek Incremental Sewer Tap Fee (1" Meter) $3,921.00
Village at AvonfTraer Creek Water Development Fee (1" Meter) $5,200.00
You may call me if you have any questions.
Sincerely,
Dan Leary
President
Traer Creek Metropolitan Dietrict
i t
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 Slone Creek Elementary for a term from July 1, 2006, to June 31.
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
lath day of June, 2006.
51 IKF S
if Y,
S- E A I
ATTEST: ilk
cKerin) TOV�r-E✓11erk
Ronald C. Wolfe, Mayor If
51-k
LEASE AGREEMENT
THIS LEASE AGREEMENT' (this "Agreement "), made effective as of the IST 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, known 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 Tenant: 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 3165`x' day following the Effective Date.
5.
Additional Obligations
(a) Tenant shall. at its sole cost and expense, promptly comply with all applicable
laws- rules and regulations relati Tenant shall further be obligated to comply
ng to the Premises.
with all environmental laws, federal and state rules and regulations and ordinances, as it would
`�-D
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 at_ ions:. 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
Y.
an amount of $3,000,000 per occurrence; including the following coverages: contractual liabilit
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 commerci general eral liability
Village Avon) Filing e Immediately adjacent
property to the Premises, known as Tract
(. t�uiet 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 v be observed and perfonned, Landlord shall not, subject to Section 9, below, disturb
Tenants 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 Town
conclusive evidence against Tenant tl�henP rr' was tal en Notwithstanding. that fact,
accepted the condition of the Property possession
the Premises is made available to Tenant in its "as is" condition on the commencement date of
the Term.
2
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, any new owner of the Premises shall also
have the right of entry.
9. Assignment and Subletting:
(a) ?errant 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
and obligations in the Premises at any time during the Term hereof without the prior written
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 1a1+, 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 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 I O -day period, provided that the
defaulting party commences to remedy such default within such ten -day period and proceeds
with reasonable diligence thereafter to cure such default), that party shall be declared in default
of this Agreement.
3
�k
12. Remedies: If Tenant shall default under this Agreement as set forth in Section l I.,
Landlord shall have all remedies at law or equity, including but not limited to Landlord's right to
terminate this Agreement, re -enter and take possession of the Premises and /or pursue any
statutorily mandated court proceeding. if Landlord shall default under this Agreement as set
forth in Section 11; Tenant shall have all remedies at law or equity, including but not limited to
the remedies of specific performance or termination of this Agreement. 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 of 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 or an acquiescence therein.
13. End of Term: At the expiration of or earlier termination of this Agreement, Tenant
shall quit and surrender the Premises to Landlord in as good order as they were in on
commencement date of the Agreement and with no material change from the condition they were
in on that same date, with all temporary improvements thereon removed; subject to the
provisions of 3(a) hereof.
14. Waiver of Subrogation: 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 By Tenant: In the event Tenant remains in possession of the Premises after
the expiration of this Lease, and without the execution of a new lease, Tenant. at the option of
Landlord shall be deemed to be occupying the Premises as a. from month to month.
Tenant shall be entitled to occupy the Premises at the current rental rate for a period of six
months. Thereafter. Tenant shall be required to pay to Landlord rent in the amount of $1.666.00
per month, constituting fair market value of the Premises. Rent shall be paid on the 1" day of the
month. During the holdover period in question, all of the terms and conditions hereof then in
effect (excepting the rent provision) shall remain in effect for the entire holdover period.
16. Subordination. Non - disturbance and Attornment:
(a) This Lease is also subject and subordinate to any mortgage which may hereafter
affect this Lease or the real property of which the Premises are a part provided that (a) each such
mortgage shall contain a provision in substance and effect that the Mortgagee, by acceptance of
the mortgage, covenants and agrees on behalf of itself and those at any time holding by, through
or under it.. for the benefit of Tenant, and those, at any time holding by, through or under
Tenant, that unless Tenant shall have suffered an Event of Default under the provisions of this
Lease and notice of termination of this Lease shall have been given as provided in this Lease
and not revoked, the holder of any such mortgage to which this Lease may be subordinated shall
not name or join Tenant or anyone holding by, through or under Tenant as a party defendant or
otherwise in any suit. action or proceeding for the foreclosure of such mortgage or in any
manner interfere with Tenant's rights hereunder and Tenant shall not be disturbed in its
enjoyment of the Premises or its interests herein by the Mortgagee or anyone holding by.
1*1
through or under the Mortgagee to the end that this Lease and the possession of the Premises by
Tenant shall not be disturbed or affected by reason of such foreclosure. In lieu of the non -
disturbance provision being contained in the mortgage, such provision can be contained in a
separate non- disturbance agreement delivered by such mortgagee to Tenant which agreement
Tenant shall promptly execute upon request.
(b) This clause shall be self - operative and no further instrument of subordination
shall be required by any mortgagee, affecting any lease or the real property of which the
Premises are a part. In confirmation of such subordination, Tenant shall execute promptly any
certificate that Landlord may request.
17. Notice: Any notice, demand or communication which either party may desire or be
required to give to the other party shall be in writing and shall be deemed sufficiently given or
rendered if delivered personally or sent by first class United States mail, postage prepaid,
addressed as follows:
if to LANDLORD: Traer Creek RP, LLC
P.O. Box 9429
322 E. Beaver Creek Blvd.
Avon, Colorado 81620
If to TENANT: Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, CO 81620
Either party shall have the right to designate in writing; served as provided above, a different
address to which any notice; demand or communication is to be mailed.
18o Certificates. _ficates. Landlord and Tenant shall, without charge, at any time and from time
to time, within ten (l 0) days after request by the other, execute, acknowledge and deliver an
estoppel certificate containing such information as the party requesting the same may reasonably
request.
19. Paragraph Headings: Paragraph or other headings contained in this Agreement are
for referenced purposes only and are not intended to affect in any way the meaning or
interpretation of this Agreement.
20. Binding Effect: This Agreement will not be binding on or constitute evidence of a
contract between the parties until such time as it has been executed by each party and an original
thereof delivered to each other party to this Agreement and Ratification has occurred.
21. Additional Documentation: At all times; the parties hereto agree to execute and
deliver. or to cause to be executed and delivered, such documents and to do, or cause to be done,
such other acts and things as might reasonably be required in order to confirm or effectuate the
Provisions of this Agreement.
J
22. No Representations or Warranties: 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 perform the terms hereof.
23. Entire Agreement: 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. Modification: This Agreement may not be modified, amended or discharged except
by an instrument in writing signed by the parties hereto. No waiver or consent may be enforced
unless such waiver or consent shall be in writing and signed by the party against whom
enforcement thereof is sought.
25. Applicable Law: This Agreement shall be governed by the laws of the State of
Colorado.
26. Successors and Assigns: This Agreement shall be binding upon, and inure to the
benefit of the parties hereto and their .respective heirs, executors, administrators, successors and
permitted assigns.
27. No Negative Inference Against Preparer: This Agreement is the result of
negotiations between the parties, each of whom is represented by counsel of its own choosing.
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 Modification to PUD: This Lease Agreement and the intended use of the
Premises are pennitted by and do not require or effect a modification to or amendment of the
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 (collectively,
the "Development Plan"). Operation on an interim basis of snow, equipment and vehicle storage
at the location specified in and otherwise subject to the terms and conditions of this Lease
Agreement will not be construed as limiting any future uses within Tract B, The Village (at
Avon) Filing .3 that otherwise are permitted under the Development Plan. or as effecting a waiver
by Owner or the Town of any rights under the agreements constituting the Development Plan.
Operations of the Town pursuant to this Lease Agreement are intended to be on an interim basis
only, and do not constitute a commitment by Landlord that the Town's operations will be housed
on a permanent or semi - permanent basis at this location or otherwise within the Village (at
Avon).
29. Traer Creek Design Review and Special Review Use: Landlord shall not
unreasonably withhold any approval by the Traer Creek Design Review Board to the Town 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.
TRAER CREEK RP, LLC,
a Colorado limited liability company
a
Na
Tit
TOWN OF AVON,
a municipal corporation of the State of Colorado
By:
Name: Lj) C' 0
Title: 41 A /vb
r.
A L)
177
0
�k\
In
SKI D SW 110,11,22,10 EG 882176.200e.002
MINUTES OF THE REGULAR MEETING QF THE AVON TOWN COUNCIL
HELD NOVEMBER 14,20BG
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers,
Mayor Ron Wolfe called the meeting to order at 5:30 �� A roll call was taken and Council
Wolfe K8nt vvena Debbie Buck|ay, KrieU Ferraro, �N�c McDevitt, Amy PhiUips, Brian Sipes.
members present ' ' Elizabeth Pierce-Duran,
d Tonnra Nottingham Underwood. Also present m/ena Town Attorney Bi za
on
Town Manager Larry Brooks, Town Clerk Patty MoKenny Town Engineer Norm Wood, Finance
Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric
nnbersofth� press and
Heidornann and Public Works/Transit Director Bob Reed as vva U as me
public.
APPROVAL DF AGENDA 0^DISCLOSURE OF POTENTIAL DF CONFLICT OFINTEREST
The agenda was approved and there was no potential conflict of interests for this meeting.
COMMUNITY INPUT
Howard Leavitt, resident x Vf V|dhdoe o commented on language related to the tuvn`e dog
ordinances, asking that council consider changing some of the language related to "dogs at
|ar0e" Drew Dodd, resident, also commented on the dog ordinance noting that the definition of
dog at large may need to be revised as well. Council expressed support in reviewing suggested
changes staff 8the public may be interested in proposing. Mayor Wolfe commented on the
letter submitted by Shannon [veroash and included in the Council packet . Public Works
t
Director BobReedcononnentedonthefaotthatinc|udingdiffererdtypesofsvvingoonasvvi ngsso
ineueand that is why both types ofsvvinyn are not together ut the park. Reed
can b� o safety
would do some nae eoroh on the topic and then provide follow up on the request.
NEW BUSINESS introduced �e Stone Creek Elementary Charter School —
Larry Brooks, Town Manager, Fees The Village at Avon, Filing 1 ' Lot 5. He noted that the
Request for Waiver of Water Tap
request was that the /own consider waiving or paying for ^-'- r & sanitary sewer ns|ohed tap
fees associated with the temporary school facility located on Lot 5. Bill Hanner, President of
the Board, addressed Council with regard to the following two updates:
roUnent(S a t risk;
6%
• Overall enrollment at the school (181 students) and its ut risk en
special education students) numbers noting the continued problems on enrolling their at
risk students due to trans po �^ation/bueing & a�are�hon|ieauos . A town bus stop located
ser to the school would be helpful; instead it was asked that the school consider
implementing some type of chaperone program
• Current progress on finding a permanent location, looking at USF8 location at Dowd
Junction, Edwards property owned by ERV8D, and noted that a subcommittee has
been formed to research this topic
Discussion ensued on various topics as follows: ����o������E��D
1) the Conlponentgthat nnake up the tap fee amount . .
' EVK8O andT(�y�Dandtherequeetforthedefe�a|ofthepayrnent. nt should �e
' n1 �n� and whether or not the agneerne
2) the t�nn �� the current aQre�rn | this was ' amended to a||ovvfor more than a one year �os�. unanimously
3) the Top Fee Deferral Agreement submitted by Council Buok\ey, and which party serves
NNW_"
as the guarantor
4) the amount, bann, and date of the restoration bond, (letter of credit for $240Ki dated
' Qf1/OO expires 9/1/O7' from K8i|enium Bank, rent was paid in full).
5) Several scenarios that would provide for deferring the payrnent, although it was not fully
supported by all members
After much discussion about these items a motion was made. Councilor Ferraro moved to
amend the lease between the Town of Avon and Stone Creek Elementary Schocd, to provide
that the Town will pay the $10,400 tap fea, and that the tap stays with the property and is
credited to the Town's property upon Stone Creek's departure of the premises. Councilor Sipes
seconded the motion and it passed with a four to two vote (Underwood and McDevitt nay).
Brian Kozak, Police Chief, the Intergovernmental �\�E�� �
Aninoa|(�onbo|8en�ce � � Action, (action requires 2/3 vote for opprovaU. Discussion ensued about
the history of contracting animal control services. The types of services provided were noted
per the rnenno included in Council's packet; Chief Kozak indicated that a six-month tho| period
would bein order for the |G& |t was also noted that a public meeting would be held addressing
this topic to inform the public aetothe process of animal control. Councilor McDevitt moved to
approve |GA for Animal Control Service with Eagle County. Town Manager also noted that
contracting this service supplements the current staffing of an\rne| control. Councilor Phillips
seconded the motion and it passed unanimously.
Bob Reed, Transit Director, presented the Intergovernmental Agreement with Eagle County
Regional Transportation Authority ("EC7) Agreement for parking buGea, fue|, and maintenance
aan/ioos . He noted that the agreement s similar to |eet year's agreement. Councilor Ferraro
moved to approve the |GAwith E{C; Councilor Phillips seconded the motion and it passed
unanimously.
RESOLUTIONS
Mayor Wolfe presented Resolution No, 06-42. Series of 2006, Resolution Reappointing C.G.
A|kan, Ui Municipal Judge. Councilor Phillips moved to approve this resolution; Councilor
McDevitt seconded the motion and h passed unanimously.
PUBUCHGAR|NGS FOR RESOLUTIONS No. 06-43 THROUGH 06-46
Scott Wright, Finance DinactoDirector, presented the following resolutions:
•Remn|uhon No. OO-43' Series of 2006, A Resolution Amend the 2006 Town of Avon
Budget
• Resolution No. 06-44. Series of 2006, A Resolution to Amend the 2006 Town of Avon
Capital Projects FundBudget
• Resolution No. 06-45. Series of 2006. A Resolution to Adopt the 2OO7 Town of Avon
Budget
• Resolution No. 06-46. Series of 2006. A Resolution to Accept the Proposed Town of
Avon Long Range Capital Program And Simultaneously Adopt the Year 2007 Capital
Projects FundBudget
Several rg�t highlights were rn�d� related �o types of funds and nevvfunds, fund
---
balances, total 2007 revenues and expenditures, personnel a dditi one.
and brief comments on
future topics on mill levy certification and impact fees. Mayor Wolfe opened the public hearinQ,
no comments were made and the hearing was closed. Councilor Buckley moved to adopt
Resolutions
No. 43 through 46� Mayor Pro Tern Underwood seconded the motion and it passed
unanimously.
Page zoru
Regular Council Meeting November 14, 2006
J
Scott Wright, Finance Director, Resolution No, 06-47. Series of 2006, Resolution
Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasuper,
asking for the County Treasurer assistance in helping Avon to collect delinquent real estate
transfer taxes. Mayor Pro Tern Underwood moved to approve Resolution No. 06-47; Councilor
McDevitt seconded the motion and it passed unanimously.
` Jeff Schneider, Engineer, presented Resolution No. 06-48, Series of 2006'A Resolution
Approving the Amended Final P|sd. A Reeubdi�sinn of Lots 12A and 12B' Block 1. W|dr�me.
T-'' of Avon, Eagle County, Colorado. This was a
review of an amended final plat creating
duplex units for 21SUA and 219OBGmdd|eridgeLoop. Council comments were made regarding
some technical
issues on the final plat related to the locations of the easement and roof
overhang emsernont. After further discussion and some suggestions, Mayor Pro Tenn
Underwood moved to table this resolution. Councilor Ferraro seconded the motion and it
passed unanimously.
MAYOR'S REPORT
Mayor Wolfe presented onupdate on the R|CD water rights application.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood
nomvod to adopt the consent agenda; Councilor Sipes seconded the motion and it passed
unanimously.
a. October 24.2OOOMinutes
b. Service Agreement with Vail Associates, Inc. (D.A.Fl) (Bob Reed. Transit/Public Works
Director) Annual agreement for fleet maintenance
c, Eagle River Recreation Enhancement Project — Ted Seipa| Construction, Inc. Contract
Change Order No. 1 (Final) (Norm Wood, Town Engineer) Costs related to the whi1ewm1erpark
project and agreed upon in the original contract
d, Town of Avon 2007 Street Improvements Program Summary & 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 Full Roundebout— Inter-Mountain Engineering, Lid, Civil
Engineering Design Services Proposal (Norm Wood, Town Engineer) Proposal to include
plans, costs, specs, bid & contract documents for conversion of roundabout 4
There being no further business to come before the CouncU, the regular meeting adjourned at
ME
APPROVED: �at ryM Fenh��Ierk
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood 14
Ron Wolfe
Regular Council Meeting
November 14, 2006
Page amu
���
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 20, 2O06
/\ regular meeting of the TOVvD of Avon, Colorado was held at the /\VOD K8UDiCip8| BUi|diDg, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at5:3O PM. path/ K8CKenOy. TOVVD C|ed<. noted
that the November 7, 2008 8|BCUOD results were Certified by Eagle County Clerk & R8COPdeF
Teak Simonton and welcomed the newly elected Council Members: Ron Wolfe, David [J@Ot8S.
Brian Sipes, Richard Carroll. Buck Allen, Municipal Judge, was present to Svv88[ in the newly
elected Council Members.
Mayor Wolfe nominated K8GyoF Pro TeDl Underwood to conduct buSiO8SS related to the election
of the new Mayor & Mayor Pro TenO; the motion was Seconded and approved unanimously.
Mayor Pro t8Dl UOd9[Nx}Vd called the meeting to order with 8 nD|| Ca|| vote and the following
members were present: Rich CGrrO{|' Dave [}8Ot8S. Krigh Ferraro, Amy Phi||ips, Brian Sipes,
and Ron Wolfe. Councilor Sipes moved to nominate Ron VVO|fe as Mayor; Councilor Ferraro
seconded the 00dOD and it passed uO8Di0OUS|y. After counting votes, it was decided that F<0n
VV0|fe vvOu|d remain the Mayor of Avon. Councilor F8r[8n> moved to nominate Brian Sipes as
Mayor Pro Tem. Ron Wolfe moved tO O0ODinateTunl[8 Underwood as Mayor Pro TH[n; She
declined the DO[niD@tioO. Councilor Phillips seconded the 000iD@tiOn of Brian Sipes and the
motion passed unanimously. After counting votes, it was decided that Brian Sipes would serve
as the new K8@yV[ P[0 Tenn of Avon. Also present were 7-OvvO Attorney John Dunn, Town
K8@Dage[ Larry Brooks, TOVVD Clerk Patty K8CP(8Dny' TOVVD Engineer NO[0 VVOOd, Finance
Director Scott Wright, Community Development Director Eric Heidemonn and Public
Works/Transit Director Bob Reed as well as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT 0FINTEREST
The agenda was approved with the following additions: discussion Of the fund balance reserve
policy at the time of consideration Of ReSO|UbOO Nn. 06-52, consideration of letter to Village at
Avon appointing Avon's representative to their Design Review Board, oddnaSS the Eagle
County's legislation related tO the seat belt law. Town Attorney John Dunn noted there were nO
quasi-judicial [O@ttenS on the agenda that vvoU|d include a potential conflict Of interests for this
meeting.
RESOLUTIONS
Jeff Schneider, Engineer, presented Resolution N0. 06-48. Series of 2006. A Resolution
Approving the Amended Final Plat, 8 ReaubdhvisiOD of Lots 12A and 12B, Block 1, VW|dhdge,
Town of Avon, Eagle C0Untv, C0|0[8dO. He reviewed the amended final plat creating duplex
units for 2190A and 2190B G8dd|ehdAe [OOp and noted that the item VVGS tabled at the
November 14 m 08eding due to some concerns about |OCadoDS of easements and technical
corrections. Some language was drafted as g plat note to address the concerns and would be
added Gt8 later date. Applicant ChGdd Ziegler, owner Of the property, spoke about the common
property and qu8SbODS related LOthe 88SemeOL He would contact surveyors 8bOUi moving lot
lines and continue to work with staff to resolve the concerns. After some further discussion,
W1@y0r Pn3Te0 Sipes moved to approve ReSo|UdOO NO. 06-48. Series of 2006, A Resolution
Approving the Amended Final Plat, A ReSubdiviSi0O of Lots 12A and 12B, Block 1. VVi|dridge
with the suggested technical corrections. Councilor Ferraro seconded the motion and itpassed
unanimously with a roll call vote.
Mayor Wolfe read both Resolution No. 06 -49, Series of 2006, A Resolution in Appreciation of
Debbie Buckley and Resolution No. 06 -50, Series of 2006, A Resolution in Appreciation of Mac
McDevitt. Councilor Underwood moved to approve Resolution No. 06 -49; Councilor Phillips
seconded the motion and it passed unanimously. Councilor Underwood moved to approve
Resolution No. 06 -50; Councilor Ferraro seconded the motion and it passed unanimously.
Mayor Wolfe presented Resolution No. 06 -51, Series of 2006, A Resolution approving an
Amendment to a Lease between the Town of Avon and Stone Creek Elementary School and
noted that several ideas have been raised by the Town Manager and other council members
regarding the relationship with Stone Creek Elementary School. Larry Brooks commented on
the fact that there is some confusion over the tap fees components and understanding the term
of the agreement. It was suggested that Council invite the Stone Creek Elementary School
Board members to a work session to discuss topics that might alter the agreement as well as
long -range topics, such as the proposed permanent location. Brooks also suggested tabling
this amendment until a later date so that further conversations might identify additional
amendments to the agreement. Bill Hammer, President of the School Board, thought it might be
a good idea; some discussion took place about the status of the school board, and the
vacancies that exist at this time. A great deal of discussion ensued on the tap fees and how to
handle payment of the fees some of which focused on the following points:
✓ Why the town might cover the fees at this time; pay now since the costs of the fees will
be escalating into the future
• The taps will stay with the property
• What are town's plans for the property and when might that happen
Becky Boltmeier from Eagle River Water Sanitation District was present to answer some
questions; she noted that the District has received payments and that the rate for 2006 will not
increase. All Council member supported meeting with the Stone Creek Board to discuss some
of the following items:
• Work session in January to discuss needs & expectations of the school
• Extension of term of lease
• Future planning for vacating site
• Potential payment of tap fee
Councilor Underwood moved to table Resolution No. 06 -51, Series of 2006, A Resolution
approving an Amendment to a Lease between the Town of Avon and Stone Creek Elementary
School. Mayor Pro Tern Sipes seconded the motion and it passed unanimously with a roll call
vote.
Scott Wright, Finance Director, presented Resolution No. 06 -52, Series of 2006, A Resolution to
adopt A Fund Balance Reserve Policy for the Town of Avon General Fund. He reviewed the
proposed fund balance policy, and noted that it was a result of staff discussions and analysis of
fund balance policies used by other similar communities as well as recommendations made by
the Government Finance Officers Association. The recommendation was 35% fund balance or
four months of operation. Wright presented the calculation of the services amount based on
some of the following items: Base reserve, sales tax / tourism =based economy, major sales tax
payer, tabor emergency reserve and other contingencies. He reviewed some ratios as well as
the breakdown of what the reserves would look like. Town Manager Brooks noted that he had
been reviewing and supportive of taking such measures for the Town.
Regular Council Meeting Page 2 of 4
November 28, 2006
N1oy0r Pro T9nl Sipes moved to approve R8SO|UtiOD NO. 00-52' 8ahHs of 2006, A R8Sn|udOn to
adootA Fund Balance Reserve Policy for the TOVVnof/\vOn(�eOer@/ Fund vv�h8 revision inthe
s8C'Dd paragraph of the policy — including ^8n amount targeted to be equal to 3596....^^
Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote.
NEW BUSINESS
Norm \8/OOd, Town EDgiDSer, presented the iOfOnn8ti0D for the T0vvO of Avon Municipal Building
Expansion and the selection of General Contractor/Construction Manager. Wood reviewed
two proposals for construction services and the respective rates of the proposals. He described
both CoDlp@Oi8s, which were Very different in Size and type Of work they undertake. Staff
recommended K4cBoyd Builders for this project. COuOd|Or Underwood moved to approve the
contract with MCBoyd Builders, Inc. for the lFnvVD Of Avon Municipal Building Expansion.
Councilor Phillips seconded the motion and it passed unanimously with a roll call vote.
OTHER BUSINESS
Mayor Wolfe presented the topic of appointing 8 current planning & zoning member to the
Village at Avon O8SigO Review Board. He noted that the P&Z CO[nrniSSiOn unanimously
approved Chris Green and then asked for 8 motion from Council. Councilor Underwood moved
to appoint Chris Green to the Village at Avon Design Review Board; Councilor Phillips seconded
the motion and it passed unanimously with o nJU oeU vote. Mayor Wolfe asked that a letter be
forwarded toTra8[ Creek with the appointment. Mayor Wolfe noted that Eagle County recently
passed |8QiS|abOn addressing the wearing of seat belts; it will be effective January 2007. Both
Town Manager Brooks and Police Chief P{0Zak addressed the topic with the following
CoDlD1eOtS:
• Not comfortable with seat belt law that is not primary law statewide
• Difficult to enforce with roads failing within various jUriSdiotiUno, it vv0u|d be complicated
to the visitor / and resident
• |t currently applies tV only Eagle County roads
`/ |tie8 secondary offense statewide
TOWN ATTORNEY REPORT
John Dunn, Town Attorney, commented 0n the decision of the Colorado Court Of appeals, which
n8v8Fs8d the District Court's decision related to the Cassidy 88|BS Tax issue. The decision
included that 8 municipality's sales tax liability is senior to that ofVVestSt@r Bank; he noted that it
was GD important case for all home nU|e municipalities.
MAYOR'S REPORT
Mayor Wolfe reported on the F||CD hearing that was conducted 8 week ago, noting that the
[eC00meOd@tiOO was that the water rights be granted. He reviewed the findings of the
application prnC8SS. Norm Wood commented on who objected tothe application. VVO|f8 also
commented on the ECO Transit Board's long-term planning efforts and asked if a representative
CVU|d address Council with some of the results. It was noted that Beaver Creek hosts the
annual World Cup / Birds of Prey this weekend.
CONSENT AGENDA
Mayor Wolfe asked for a [D[diOD on the Consent Agenda, which included only the minutes from
MOveOob8F 14' 2008. K8ayO[ Pro Tenn Underwood moved to adopt the consent 8gond3�
Councilor Ferraro seconded th em oti 0nan dit passed unanimously.
raoezm*
��*aC�mm���
November 28, 2006 A
There being DD further business h] come before the Council, the regular meeting adjourned at
APPROVED:
Rich Carroll
Dave Oantae
KhstiFema0
/\rny Phillips
Brian Sipes
T@mr8UOderwoOd
Ron Wolfe
Regular Council Meeting
November 28, 2006
Page 4vr*
A,\
AS
AMI i •
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directol(I.-I
Date: January 17, 2007
Re: Impact Fee Presentation
Summary:
Tom Pippin from BBC Research will be here Tuesday to give a presentation to Council
regarding impact fees. His presentation will focus on the feasibility of impact fees as an
alternative source of revenue for the Town to pay for new growth, the legal framework of
impact fees in Colorado, how impact fees are calculated and implemented, and potential issues
and problems.
Tom currently is working with the Eagle River Fire Protection District on their potential
implementation of impact fees.
Town Manager Comments:
Page 1
All L:4 I I M
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directo/I___I
Date: January 17, 2007
Re: Presentation of Traer Creek / Village Metro District 2007 Budgets
Summary:
Jason Carroll from Clifton Gunderson & Co., CPAs will be here Tuesday to present the Traer
Creek and Village Metropolitan Districts' respective 2007 budgets to the Town Council.
Jason will be able to explain the relationship between the two districts and the public
improvement companies, as well as the current bond financings, capital improvement projects,
and developer advances that are reflected in the budgets.
After his presentation there will be time for Q&A as well.
Town Manager Comments.-
im