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TC Council Packet 02-13-2007TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 13, 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 Avon Council Meeting.07.02.13 Page 1 of 4 WORK SESSION AGENDA MEETING BEGINS AT 2:00 PM 2:00 PM — 2:45 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 following: • Riverfront Subdivision • Water Rights Meeting with Town Attorney pursuant to CRS 24- 6- 402(4)(a) to discuss the possible purchase of real property 2:45 PM — 3:00 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES a. Village at Avon Subcommittee Update (Brian Sipes, Mayor Pro Tem) b. UERWA Update (Brian Sipes, Mayor Pro Tem) c. Open Space Advisory Committee Meeting Update (Ron Wolfe, Mayor) 3:00 PM — 3:30 PM 3. REVIEW OF REQUESTS FROM STONE CREEK ELEMENTARY SCHOOL BOARD MEMBERS (Larry Brooks, Town Manager) Responses & Recommendations to requests made by Stone Creek Board Members 3:30 PM — 4:00 PM 4. BLUE RIBBON HOUSING PANEL APPOINTMENT (Ran Wolfe, Mayor) Appointment of Town of Avon representative to the Blue Ribbon Housing Panel 4:00 PM — 4:30 PM 5. TRANSIT ROUTE UPDATE RELATED TO GONDOLA OPENING (Bob Reed, Transit Director) Review of current & projected skier shuttle service levels taking into account proposed new development and opening of new gondola 4:30 PM — 4:45 PM 6. STAFF UPDATES a. Council Room Logo Sign Approval (Bob Reed, Public Works Director) b. Roundabout 4 Conversion (Norm Wood, Town Engineer) Plans to convert Roundabout 4 into full Roundabout (Avon Road & Benchmark Road) c. Proposed Flood Insurance Rate Maps (Norm Wood, Town Engineer) Memo only d. Project Summary Report / Memo only e. Business Registration Update (Patty McKenny, Town Clerk) Memo only 4:45 PM 7. ADJOURNMENT Avon Council Meeting.07.02.13 Page 1 of 4 HEART of the VALLEY i C O L O R A D O 'i:a• • 1 'i' /1 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: February 8, 2007 Regarding: Work Session for Resolution 07 -01, Series of 2007, Amendment to Lease Agreement between Stone Creek Elementary School and the Town of Avon Summary: Since the inception of the lease agreement entered into between the Town of Avon and Stone Creek Elementary this past July, there seems to have been confusion about the full extent of obligations set forth therein. In recent months it has become apparent that the school would benefit from some adjustments to this lease. Specifically, they have asked for the Town to reconsider the term of the lease ( beyond one year), the amount of the restoration bond for the site ( a reduction of the current $250,000 ), the payment of the tap fees for the site, and a reduction of the annual lease rate. We believe that with the current information, the Town can logically accommodate a portion of the request without jeopardizing the security for the site or our fiduciary responsibility to the community. We are therefore recommending that a First Amendment to Stone Creek Elementary School Lease between Town of Avon And Stone Creek Elementary. Previous Council Action: The Town Council previously approved the current lease agreement in June of 2006 for a one year term from July 1,2006 and ending June 30,2007. On November 28, 2006, Bill Hammer was on the agenda in behalf of the school to request that the Town pay the tap fees for the property. The council expressed some concern about the progress in finding a permanent site. The council also requested a meeting of the entire board to discuss the broader issues of the short and longer term business plan of the school. On January 23rd, the Council met with entire School Board, including recently seated members to complete the body. At this meeting the board made their full request to the council, and staff was directed to make recommendations regarding the request at the next regularly scheduled meeting of February 13th, 2007. It should also be noted that the school received a list of deliverables as follows: 1. Contact information for all board members 2. Committee lists and responsibilities 3. Demographic data as to where students live/ economic status 4. Number of students who use TOA public transportation 5. Bids that indicate restoration of land 6. Letter from Nortex for bid on modular removal zm. , �11 7. SCS will contact Traer Creek/ Magnus Lindholm to request an extension on the Town alternate snow dump site 8. Review of other options for restoration of the Town property 9. The expansion and finance committee will provide a flow chart with anticipated annual student growth 10. The fund raising committee will provide reports on upcoming events These deliverables can be discussed during the work session. Provided the council is satisfied with the presentation of the deliverables and provided that the school can demonstrate in writing that it has satisfied the project creditors, we believe we can support an action plan as articulated below. This is an important point. We received notice from at least one subcontractor for the building set up, asserting non payment. These items must be taken care of, or an agreement in writing from these individuals declaring acceptance of an alternative payment plan, before and amendment to the agreement can be executed. Discussion: Through fairly extensive discussions with the School Board members, and research provided by the staff on a number of business points provided under separate cover, we make the following recommendations: 1. The term of the lease can be extended for three additional one year periods a set forth in the proposed First Amendment To the Stone Creek Elementary Lease 2. The restoration bond can be reduced from the current $250,000 to $150,000 as set forth in a memo by the Town Engineer. 3. We believe there is justification for the Town to pay the $46,377 in tap fees for the site at this time. Again, as explained by the Town Engineer in his memo, such a decision appears to fiscally prudent, as the return on our investments does not keep pace with the historic and projected tap fee increases. 4. We believe the annual lease payment should stay unchanged at $21,200 per year. There is ample evidence throughout the valley that similarly purposed leases pay market rate. Even more importantly however, is the fact that we have a fiduciary responsibility to this community as stewards of the public interest. Financial Implications: The payment of the tap fees will require a budget amendment for the appropriation from the Capital Improvements fund. The $46,377 expenditure is not a concern to the staff since it would be required for further development and use of the site in any event. In this case it is a one time impact with a beneficial affect on the future C.I.P. budget. Recommendation: Approve Resolution 07-01, a resolution approving amendments to a lease between the Town and Stone Creek Elementary School. February 8, 2007 Alternatives: The council could choose to alter or reject any of the specific recommendations and approve an amendment accordingly, or reject the recommendation altogether. Proposed Motion: I move to approve Resolution 07-01, series of 2007, A resolution approving amendments to a lease between the Town and Stone Creek Elementary. Exhibit A- Norm Wood Memo Exhibit 13- Scott Wright Memo Exhibit C Lease materials N °1 r7 To: Larry Brooks, Town Manager � From: Norm Wood, Town Engineer Date: February 8, 2007 Re: Stone Creek Elementary School - Site Issue COMMENTS: The issues related to the Stone Creek Elementary School are primarily funding related but can be broken down into the following general categories: Water & Sewer Tap Fees: The Town has no current need for water and sewer service on the Lot 5 School Site and a tap size has not specifically been determined for future uses on the site or an exact time when a tap will be required. However, it is highly unlikely that a water tap size of less than one -inch will be required for any anticipated development on this property. Based on the assumption that at least a one -inch tap will be required and that if a larger tap is required, the Town would receive credit for the purchase of a one -inch tap toward the purchase of the larger tap, there may be some justification for payment of the fees for the one -inch water and sewer tap. Total water and sewer tap fees increased an average of 6.92% per year from 1997 to 2007 as shown on attached "Twelve Year Tap Fee Schedule History" (Exhibit 1). Currently the Town's return on invested funds is approximately 5% per year. The effects of these rate increases and investment return rates are summarized as: Year T_ Vice 6.92% Investment (5.00 %) 2006 $ 46,377 $ 46,377 2007 $ 49,586 $ 48,696 2008 $ 53,018 $ 51,131 2009 $ 56,686 $ 53,687 2010 $ 60,609 $ 56,372 Site Restoration Security Deposit: The Town currently holds a letter of credit in the amount of $250,000 as security to guarantee removal of the buildings and restoration of the site upon termination of the lease. The amount of security was based on the attached letter from Nortex Modular Space (Exhibit 2) estimating the cost to remove the modular buildings from the site and the attached Engineer's Estimate for Stone Creek Elementary School Restoration (Exhibit 3). The estimated cost for removing the buildings excluding charges for electrical, plumbing, HVAC and other disconnection services is $100,000 - $125,000. The estimated cost for restoring the site to its original condition is $149,155 including a 15% contingency of $19,455. After reviewing As -Built site conditions it appears that we l:AEngineering \Avon villageA2.0 Filing 1 \Lot \Stone Creek Charter School \Summary Memo -2.Doc 1 should bu able toretain some nfthe construction and still maintain uuaoablc site. Taking this into consideration xe may be able ho reduce the security for site restoration accordingly. The attached Revised 5 Eadn/utc 4) estimates the cost oF partial site restoration a1$35,3h3 including uI5%contingency of $4,613. Considering the cost o[ removal of the buildings, $lA0,000k/$)25,V00 plus estimated cost ofoar�al restoration o[ the 8�ee1$35'3h3,oa deposit io the range oF$l35,3h3[o$l6V`363 may be adequate t0 protect the Town's interests. Based 0nthis it may be reasonable io reduce the required security to $150,000. Site Lease: There are three issues associated with the Site Lease. The first issue ia the amount o[the Lease, the second ia the term o[ the lease and the third isthe availability o[ooacceptable u|teozutc site to accommodate the Town's uses that would occur ooLot 5 the term o[ the Lease. These are three very distinct but overlapping issues and may need tobc considered together. The (cnno[ the current lease iSfor 1 -year beginning July 1, 2006 and ending June 3U"20U7a1u rate of$2l,200 per year. The lease rate ia consistent with rate with the Eagle County School District for the Tree Farm Site in Edwards and we believe it rcprcSeod* a fair market value for the site. The initial one-year lease was accompanied b«u concurrent Lease Agreement between the Town and Traer Creek RP, DC to provide o temporary site h the Town for use uoan ui(conuto snow dump site in lieu of the previously used Lot 5. The term of the Tracr Creek Lease Agreement was for one-year and did not require payment bythe Town. Representatives of Traer Creek have indicated this will not be the case for an extension of the lease and that a payment will be required that is equal to any lease payment required from the Charter School to the Town. VVe are looking 8i alternate snow dump sites and believe that other options are available if we are unable innegotiate o satisfactory lease agreement with TruucCreek The Town contemplates cmmpletionofuPub[ic Works Site and Facility Master Plan this year. This Master Plan will bc based oo projected activities and needs oI the public works department including public works, transportation and fleet maintenance and will include ocomprehensive development plan for the existing Swift Gulch Site us well asother available site including Lot 5. We do not anticipate immediate development of Lot 5 as o result of this Master Plan. Allowing time to develop the necessary funding sources and to prepare construction plans and documents, we expect development of Lot 5tObentleast three to five years nut. If this is taken into consideration, it may hs possible 10 extend the lease tothe School for three additional school years without delaying development ofthe site. This will only bepossible if the Town has an u|icroaic site available that will uUovv the Town to accommodate the functions that were previously carried out on Lot 5. |�souueeri . novsmzo Filing |\Lo5\nmn Creek Charter uomwxsmnnmrymvmv-2.00 2 I Summary of Possible Considerations: Tap Fees - Pay Tap Fees for a 1 -inch water and sewer tap for the site ($46,377) An Investment of $46,377 for may result in a net savings over a four year period of approximately $4,200 based on current rate of return on invested funds and average annual increase in water and sewer tap fees Site Restoration Security Deposit - Reduce security deposit to $150,000 Partial restoration of the site should be adequate to meet the Town's needs for future use of the site and may actually be preferable to full restoration. Estimated Cost to remove buildings and partial restoration of the site is $135,363 to $160,363. Site Lease - Retain current lease payment and extend the site lease up to three additional school years at the current lease rate of $21,200 per year The Town would have a net gain of $21,200 for the current year and would retain up to $21,200 per year, less the any costs associated with the use of an alternate snow dump site. 1:\Engineerjng\Avon Village\2.0 Filing I\Lot 5\Stone Creek Charter SchooESUrnmary Memo -2.Doc M E E 0 C 0 75 U- 0. cu m 0 00 ol 000 0 O q q (D 9 q 0 IR m o 0 LO 0 CD 0 0 U') 0 0 LO eq (M V� Ili 1----L6 li cl� — 00 �—D — CO ua 61� U�l 09 ua lba 0 0 0 0 0 0 0 0 r-I (M C? 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N to C) .. . L" r- in 0 VI N CO N m C-4 cl� Cl! Lq C141 U') m It 0 0 'll to �2 09, ea va 60 ea L; EH ER di 00000 O o e 000 0 00000 9 O O IR M CN W10 0 N 4 — C) C,4 4 w O 0 cc 00 r` C) - co LO w 0 Ili: cl� (Q Cli IQ Cl 0 m r t2 M !� 'clo- E; 69 W, U l W. ER ea V) W O - 00 0 0 0 C? 0 0 co lc,-:) Ot (C811 Is- co -0. m 04 C) CD Ui W C-4 CCO) 69 di ER 6q 611 69 oll o CD E a 0. N N to 0 0 > 0 C. rn (D (D E U m E �; a U 0 0 T, of C > >f- o- F-- 0 FL (D 0 0 U) CO N (D W a) m (D 'ni r 0 M 0 > w LU UIDI < I F- I-- -I Q aqua �(A .2- NORTEXMODULAR SPACE 17301 W. ColfbxAveniie Sufte4ll Golden CO 80401 August 24, 2006 Mr. Bill Hammer Stonecreek Elementary PO Box 208 Vail CO 81658-0208 RE: Letter of Credit For Removal Charges Please use this letter as evidence of Nottex Modular Space's commitment to extend credit to you and Stonecreek Elementary for the removal of the modular educational building from the present location at 375 Yoder Avenue in Avon Colorado. Approximate charges of $100,000.00 - $125,000.00 for the removal and transport of the building to another location in Avon are to be expected. This includes disconnecting the interior joints of the fire sprinkler system, tear down of the building and transport to the new site. This does not include charges for electrical, plumbing, HVAC and other disconnection services. Bill, if you should require any additional information, please let me know. Thank you. Respectfully, NOR7EX MODULAR SPACE Daniel V. Rasmussen NW Regional Manager 3031985-1966 3031985 -4660 fax (Ian. t,-asitiusveiiC&itarte-xnzodiiiat•. coin way wm norfeymodular. coin I C 0 yv 0 0 -C U m V) (o -E C> 04 LU C c C) < ul E O crs I- C) C) C14 LL >1 Ci J c 0 W W 0 0 2 O L L w Cn >� >: C6 0 C000-- oc- ;j N 00 Ln 0-) P co co X (D O .2 U O (D > E IL- 0 Q) — () c (D > 2 co E > Q) 100 U) > w a) Co x Z 0 C: > w 0 E cu 75 'FU W -0 (D 0 (D 7� > 0 V) 0 < 0 0 -Fu 0 E * =,, E 6 -2 c 0 -5 co W w o 0— m -0 Q� w --*,) I: < N C? 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LO Iq co m Cl) CY) m Cl) m V % ,x` Internal Memorandum Date: February 8, 2007 From: Scott Wright, Finance Director To: Larry Brooks, Town Manager. rte` Subject: Stone Creek Charter School This memo is a follow -up to our meeting this week with representatives from Stone Creek Charter School. At the meeting several issues were discussed including tap fees, the Town's renovation bond, and lease extensions. Norm Wood is addressing these issues in a separate memo. This memo is only intended to summarize Stone Creek's financial position based on the information presented to us at the meeting and subsequently thereafter. The balance sheet of Stone Creek reports current liabilities, exclusive of tap fees owed to the Eagle River Water and Sanitation District, totaling $683,336, with current assets totaling only $35,697. Current liabilities include $449,633 in accounts payable, 72% of which are past due over 90 days. Also included are overpayments from the State of Colorado in the amount of $191,430. This amount represents state equalization payments which were based on inflated student enrollment figures. The State has agreed to reduce their next 4 payments by $39,055 per month in order to offset this overpayment. Also due to the State are $43,357 in past due PERA contributions. PERA is the Public Employees Retirement system in which public schools participate. The profit and loss statement presented to staff indicate a net loss for Stone Creek through February 8, 2007 of $213,583. It should be noted that $68,539 of this loss results from unaccounted for expenses. It is also my understanding that contributions and donations from parents and the general public from recent fund - raising efforts total approximately $70,000 and are being held in a separate account and are not included in these financial statements. Stone Creek's net cash shortfall through June 30t" totals $811,461. This includes the current obligations mentioned above, loan payments, payroll obligations and estimated monthly operating expenses; less State of Colorado equalization payments and Kindergarten tuition revenues. Again, this figure does not include tap fees owed. Future budgetary projections indicate a small surplus for the 2007 -08 school year based on projected enrollment of 224 students. Subsequent years all show a surplus. I have attached the financial information forwarded to me by Stephanie Novosad. Stephanie is a local CPA and has volunteered her time to put together this financial information and serve on the finance committee for Stone Creek. Page 1 of 1 Scott Wright From: Stephanie Novosad [stephanie @nla- cpas.com] Sent: Thursday, February 08, 2007 10:09 AM To: Scott Wright Attachments: Stone Creek Financial Package.pdf Hi Scott, Attached is an updated financial package for Stone Creek School with information available to date. Please let me know if you have any questions or need further information. Thank you, Stephanie Novosad, C.P.A. Novosad, Lyle & Associates, P. C. (9 70) 845 -8000 ext. 111 (970) 845 -8108 FAX P.O. Box 5910, Avon, CO 81620 stephanie@nla-cpas.com CONFIDENTIALITY NOTICE - This e -mail is directed in confidence solely to the person named above, and may not otherwise be distributed, copied, or disclosed. The contents of this e -mail may also be subject to accountant- client privilege and all rights to that privilege are expressly claimed and not waived. If this e -mail has been received in error, please notify us immediately by telephone (970) 845 -8000, and destroy the original transmission without making a copy. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or any applicable state or local tax law or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained in this communication. Third parties should seek their own advice based on their particular facts and circumstances from an independent tax advisor. 2/8/2007 9:55 AM Stone Creek School 02/08107 Balance Sheet Accrual Basis As of February 8, 2007 Page 1 l Feb 8, 07 ASSETS Current Assets Checking /Savings 1001 • Operating Account 6,882.51 1100 • Payroll Account 9,146.16 1150 • Millennium Money Market 10,068.73 Total Checking /Savings 26,097.40 Other Current Assets 1310 • Employee & trustee receivables 4,000.00 1460 . Deposits 1463 • Holy Cross Deposit 4,600.00 1464 . Damage Deposit 1,000.00 Total 1460 - Deposits 5,600.00 Total Other Current Assets 9,600.00 Total Current Assets 35,697.40 Fixed Assets 1640 • Furniture, fixtures, & equip 30,241.98 1700 . Building 1701 • Nortex Modular 1,296,834.00 1702 • Construction Costs 305,406.88 Total 1700 • Building 1,602,240.88 Total Fixed Assets 1,632,482.86 Other Assets 1990 • Loan Fees 1991 • Wells Fargo 1,100.00 1992 - Millennium Bank 1,526.00 Total 1990 - Loan Fees 2,626.00 Total Other Assets 2,626.00 TOTAL ASSETS 1,670,806.26 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 0300 • Purchased Property Services 364,953.48 0400. Other Purchased Services 6,538.88 0500 • Supplies 2,603.50 0600 • Equipment 13,312.00 0700. Other Expenses 16,796.00 0800 • Curriculum 45.428.21 Total Accounts Payable 449,633.07 Other Current Liabilities 2100 • Payroll Liabilities 2101 • Employee PERA 33,261.06 2106 - 403(b) Payable - 1,084.50 Total 2100 - Payroll Liabilities 32,176.56 2130 - Accrued payroll taxes 2131 • Employer PERA 10,096.29 Total 2130 - Accrued payroll taxes 10,096.29 2550 • State of Colorado payable 191,430.04 Total Other Current Liabilities 233,702.89 Total Current Liabilities 683,335.96 Page 1 l 9:55 AM Stone Creek School 02/08/07 Profit & Loss Accrual Basis July 1, 2006 through February 8, 2007 Jul 1, '06 - Feb 8, 07 Ordinary Income /Expense Income 1101 • Miscellaneous 1101A • Book Fair 1101E • Costs - 3,467.87 1101A - Book Fair - Other 3,467.87 Total 1101A • Book Fair 0.00 1101C • Holiday Fair 1101D Costs - 1,577.28 1101 C Holiday Fair -Other 2,325.31 Total 1101C • Holiday Fair 748.03 1101E - Ski Program 1101F Costs - 14,212.00 1101E Ski Program - Other 15,337.00 Total 1101E • Ski Program 1,125.00 1101 • Miscellaneous -Other 7,061.90 Total 1101 • Miscellaneous 8,934.93 1102 • Kindergarten Tuition 23,360.00 1103 - Reimbursements 468.22 1104 • State of Colorado 515,186.29 Total Income 547,949.44 Expense 0201 • Health /Dental Benefits 38,807.65 0205 • Flex Account 435.00 0206 • Life AD &D 53.85 0301 • Disposal Services 2,083.86 0302 • Repair and Maintenance Services 3,248.10 0303 • Lease /Land Building 21,200.00 0305 • Water /Sewer 2,68924 0307 • Electricity 5,160.87 0308 • Alarm Monitoring 128.85 0402 • Professional Development 416.00 0403 • Special Education Services 1,040.07 0404 • Postage 108.30 0405 Advertising 6,595.73 0409 Telephone 2,018.91 0410 Liability Insurance 15,180.08 0501 • Supplies- Classroom 3,515.67 0502 • Supplies -Office 2,506.05 0503 - Supplies- Maintenance 98.94 0504 • Supplies- Nursing 136.09 0701 • Dues and Fees 1,595.00 0702 - Lodging Expenses 529.98 0703 • Teacher Reimbursements 3,656.90 0704 • Faculty Passes 5,685.00 0705 • Bank Charges 342.38 0801 • Textbooks 50,833.27 0802 • Specials 4,217.16 0900 • Misc Exp 3,540.09 6560 - Payroll Expenses 843.21 7200 • Salaries & related expenses 7220 • Salaries & wages - other 426,707.17 7230 • PERA contributions 11,697.46 7240 • Workers Compensation Insurance 4,462.00 7250 • Payroll taxes 17,649.24 7255 • Payroll Fees 1,240.30 Total 7200 • Salaries & related expenses 461,756.17 Page 1 9:55 AM Stone Creek School 02/08/07 Profit & Loss Accrual Basis July 1, 2006 through February 8, 2007 Page 2 �,5 Jul 1, '06 - Feb 8, 07 8000 Miscellaneous Disbursements 300.00 8050 Unaccounted for Funds 68,539.33 Total Expense 707,261.75 Net Ordinary Income - 159,312.31 Other Income /Expense Other Income 6950 • Interest Income 6951 • Millennium Bank 68.73 Total 6950 • Interest Income 68.73 Total Other Income 68.73 Other Expense 9500 • Iterest Expense 9501 Wells Fargo 50,388.47 9502 Nortex 3,951.37 Total 9500 • Iterest Expense 54,339.84 Total Other Expense 54,339.84 Net Other Income - 54,271.11 Net Income - 213,583.42 Page 2 �,5 9:55 AM 02/08107 Accrual Basis Stone Greek School Balance Sheet As of February 8, 2007 Long Term Liabilities 1300 - Wells Fargo Total Long Term Liabilities Total Liabilities Equity Net Income Total Equity TOTAL LIABILITIES & EQUITY Feb 8, 07 1,201,053.72 1,201,053.72 1,884,389.68 - 213,583.42 - 213,583.42 1,670,806.26 Page 2 9:55 AM Stone Creek School nanmo A/P Aging Summary AmpfFebruary 8, 200 Page I \` Current 1'30 31-60 61'90 '90 TOTAL x-Peoxmn 0.00 uno 0.00 0.00 1,484.00 1.*84.00 America's Foundation for Chess National oon 0.00 ouo o�nu 1.200.00 1.200o0 Arroyo Engineering 0.00 oou 0.00 000 4.580.00 4.580.00 uM|Mu|uvnme.Inc 0.00 0.00 0.00 o�on o.gozoo 5,932.00 Core Knowledge noo 000 0.00 0.00 3.078.87 3.078.87 oaxP Practice Manuals 0.00 0.00 231.00 0.00 nou 231o0 Dave Peterson Electric 0.00 0.00 n�no 0.00 41.3*3o0 41.34100 Drexel Supply Company 000 0.00 0.00 2.074.00 0.00 2.074o0 Eagle Vail Glass uMirror 0.00 0.00 0.00 0.00 531.15 531.15 Edwards Excavating Inc 0.00 0.00 0.00 18.460.00 75,877.50 94.337.50 Elam Construction o�un 0.00 38,585.00 0.00 0.00 38,585.00 EnWoo 0.00 -aaass 978.8e 411.7* 563.56 1.570.62 Harcourt Education 0.00 000 0.00 0.00 9.078.38 9,078.38 m'omnmn nuu 0.00 0.00 000 187�50 187.50 Holy Cross Energy 0.00 1.991,55 '3.189.32 1.905u6 1.264.26 1.971a5 Houghton Mifflin o�uo *16.28 0.00 0.00 750.96 1.167.24 npoemaoh 0.00 0.00 0.00 257.50 0.00 257a0 HRH mColorado non 1.000.00 0.00 0.00 0.00 1.000.00 Ingenuity Works 0.00 oun 000 o�oo 2.136.50 2.136.e0 Inn and Suites at Rivopmmx 0.00 uon 0.00 0.00 839.18 839.18 Juan Duarte 0.00 uou 0.00 oon 120.00 120.00 McGraw Hill Education 0,00 4.8*0A* 0.00 1.*05.42 15.439.41 21.685.27 MeCn ONE Inc 0.00 0.00 0.00 000 18.851,20 18.851.20 National School Products 0.00 uoo 371.23 Voo u�ou 371z3 wortexMvuma, ouo -1.239o3 0.00 5.331.00 123.556.60 127.647.77 Pearson Education 0.00 onn nuu 0.00 5.645.15 5.645-15 Pikes Peak eno=s 000 0.00 0.00 oun 1.01e.00 1.016.00 Pinnocv|*asooncw &un 0.00 1.474o0 roaoo 0,00 2.256�00 p|am Construction, Inc 0.00 0.00 o,00 5.766o0 000 5,766.00 Precision Construction West 0.00 000 0.00 0.00 c.ss*.se c.us*.so Premier School Agendas 0.00 0.00 0.00 0.00 99.00 e000 mwmot 174a9 '1.713o3 429.60 52*.97 583.77 o�oo nxunovEno|iso oon 0.00 0.00 0.00 2.492.07 2.492.07 Summit Plumbing u Heating, LLo 0.00 0.00 uoo 10.718.21 0,00 10.718.21 The Hartford 0.00 2.5e1o8 1.506.65 0.00 0.00 4.08e63 Trees mvColorado o�oo ouo 0.00 0,00 u.00aAo 2.808-40 uniunx 0.00 0.00 12.096o0 n�uo 0.00 12.096.00 Vail Cascade ouo 000 0.00 200.00 0.00 un000 Vail Daily 0.00 000 720.29 83.46 2.30*.13 3.109.88 Vail Electronics 0.00 1.35 30.00 67.50 0.00 98.85 vaxxonuvwaenn o�oo 1e1.00 225.00 *eo.uo 952.50 1.833.86 Vail Jazz Foundation 0.00 noo 0.00 0.00 368.00 368.00 Vail Resorts 0.00 000 14.212o0 000 0.00 1*.212o0 TOTAL 17*.69 7.65618 67.670�33 48.482.22 xus.o«o.ss *49.633.07 Page I \` Stone Creek School Cash Needs Amount Rue to Vendors 322,000 Amount Due to Wells Fargo - Good Faith Pymt 120,000 Amount Due to Nortex 130,000 PERA Funding 40,000 Flex Funding 5,000 Payroll Obligations: Feb 70,000 Mar 70,000 Apr 70,000 May 70,000 Jun 70,000 Loan Payments: Mar 25,000 Apr 25,000 May 25,000 Jun 25,000 Estimated Monthly Operating Expenses: Feb 20,000 Mar 20,000 Apr 20,000 May 20,000 Jun 20,000 Cash Needed: 1,167,000 State of Colorado: Feb 39,055 Mar 39,055 Apr 39,055 May 39,055 Jun 79,319 Capital Construction Revenue 70,000 EST Kindergarten Revenue: Feb 10,000 Mar 10,000 Apr 10,000 May 10,000 Jun 10,000 Cash Available: 355,539 SHORTFALL (811,461) STONE CREEK SCHOOL BUDGET COMPARISON 2006 -2007 FISCAL YEAR TOTAL REVENUES 1,561,660 780,830 498,810 (282,020) EXPENSES Salaries & Benefits FISCAL BUDGET ACTUAL OVER All Salaries YEAR JULY TO JULYTO (UNDER) Payroll Taxes BUDGET DECEMBER DECEMBER BUDGET REVENUES 66,584 33,292 9,270 (24,022) Per Pupil Revenue 973,560 486,780 475,972 (10,808) Capital Construction Revenue 24,800 12,400 - (12,400) Kindergarten Revenue 58,300 29,150 21,260 (7,890) Federal Title revenue 175,000 87,500 - (87,500) Grant Revenues 180,000 90,000 419,477 (90,000) Contributions 75,000 37,500 - (37,500) Fund Raising 75,000 37,500 748 (36,752) Miscellaneous Revenues 5,000 2,500 761 761 Interest Income 35,000 17,500 69 69 TOTAL REVENUES 1,561,660 780,830 498,810 (282,020) EXPENSES Salaries & Benefits All Salaries 656,000 328,000 372,893 44,893 Payroll Taxes 11,480 5,740 12,186 6,446 PERA Expense 66,584 33,292 9,270 (24,022) Health Insurance 85,000 42,500 13,591 (28,909) Workers Compensation Insurance 4,462 4,462 Payroll Fees 1,390 1,390 Ski Passes 5,685 5,685 819,064 409,532 419,477 9,945 Building and Land Lease - Land /Building and Interest on Loan 300,000 150,000 75,991 (74,009) Gas 5,000 2,500 - (2,500) Electricity 35,000 17,500 8,350 (9,150) Disposal Services 2,500 1,250 1,364 114 Repairs & Maintenance 10,000 5,000 1,716 (3,284) Water and Sewer 6,000 3,000 761 (2,239) 358,500 179,250 88,182 (91,068) Purchased Services Special Education Services 102,880 51,440 1,040 (50,400) Legal Services 10,000 5,000 (5,000) Consulting Services 5,000 2,500 (2,500) Audit/Accounting services 5,000 2,500 - (2,500) Postage 2,000 1,000 108 (892) Advertising 2,500 1,250 9,402 8,152 Telephone 3,000 1,500 2,377 877 Printing /Binding 15,000 7,500 - (7,500) Professional Development 10,000 5,000 416 (4,584) 155,380 77,690 13,343 (64,347) Supplies and Materials Classroom Supplies 50,000 25,000 5,703 (19,297) Office Supplies 5,000 2,500 2,455 (45) Cleaning Supplies 5,000 2,500 99 (2,401) Nursing Supplies 2,000 1,000 136 (864) Classroom Equipment 30,000 15,000 - (15,000) Textbooks 60,000 30,000 49,031 19,031 Special Textbooks 5,000 2,500 4,217 1,717 157,000 78,500 61,641 (16,859) Other Dues and Fees 5,000 2,500 1,595 (905) Liability Insurance 20,000 10,000 10,441 441 Miscellaneous Expense and Reimbursements 51,300 51,300 25,000 12,500 63,336 50,836 TOTAL EXPENSES 1,514,944 757,472 645,979 (111,493) EXCESS (DEFICIT) 46,716 23,358 (147,169) (170,527) i 1p lql�n . . . . oga R R R LLao �R N mN���i PIRR. x 9 SEE Iq d 16 Ill 'k .1111 1. -1 q . Ilk Tl 1�1 G—s .98 1. g 8 2 It 1� R , 4 ll c� � .1- MR I.-I o��w 128 v 889 -t N -tao1 -t -L m - R 811 R Nw m Ip _ �� 1 828 S_ °ES . . . . 88d8 88a o N - -- N n� M � -1 N- r q M� -28 888 E 1� c� LLY� p g Nnn � M g NM _o�� o¢�� Np 2928 898 ml oso s s N�� Nnn � � � LL� @I ' Qo� 1 — og s I 1 12 1 1! 1 1 goo 91 i. y ° p 2zxg 9-1, —g ol .2 9 Nn la 1� ID . 88, . tR::E. . . . . . . . . . 12E z z -jj N .wl lo 1p W O O 0- fA a) U a> of )i c >- 0 O .0 O CA O CD w V' V' V'IC V' v V It V' IT N N N 00 O OD w co w 'rt V' V" I c V' V V' V' V' V N N N c O CO CO 00 w w V' V' 't C V• V' � V• V' V' N N N < co co00c0c0QOrt V' V I c rt 'V V' V' IT V' N N N c O a0 w 00 O w tt 4 V' c IT V' V V'rt V NNN, 00 O 00 c0 CO co V' O O' c V r]' V V' V V N N N L aDmo wwl,t000 V V' I• ' W W W N N N N c w w O m V' V' O O O I c 'rt V' 'T V N N N N N c GDCD00 V V OOOOc V ci ctNNNNNNP Oc0 V V'OOOOO'` V' V' N N N N N N < c a� a>�a�cumma }cu m-a� a-a-a•a-0�o aPeTTMeTmT .w 00 o(�UC�C'?(J C v c �c c �C�-Nco V Lot01�CO FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY A lease of property entered into between the TOWN OF AVON, COLORADO (Town) and STONE CREEK ELEMENTARY (School) on June 13, 2006, as evidenced by the written Lease attached hereto as Exhibit 1, is hereby amended with respect to Paragraphs 5, 6, 7.3 and 10 as follows: TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 30, 2007. Provided there is no default hereunder, School shall have the option to extend this Lease for three additional one -year year periods, which option shall be exercised by notice given in writing no later than 30 days before the end of the prior lease period. At the inception of this Lease, the Premises were in use by the Town for snow storage and in the future will be a permanent public works site. On or after June 30, 2010, the Town will have a need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason beyond that date. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY -ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year. Payment of the rent for the first one - year period is acknowledged. In the event any option to extend the lease is exercised, payment for the additional one -year period shall accompany the notice of exercise of the option. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. 7.3 Removal 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 $150,000, 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. 10. UTILITIES. The School shall be responsible for payment of all service charges for all utilities. The Town shall pay all water and sewer tap fees assessed against the Premises on the agreement and understanding that all rights and privileges purchased by payment of the fees will belong solely to the Town as owner of the property to be used for any purpose whatsoever as the Town sees fit at the termination of this lease. The School, as tenant, shall retain no rights to sewer or water service arising from the payment of this fee upon termination of the tenancy. A table reflecting the various tap fees owed is attached hereto as Exhibit 2. Except as expressly amended or modified herein, all other terms and provisions of the Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary remain unchanged and in full force and effect. STONE CREEK ELEMENTARY SCHOOL TOWN OF AVON RIA Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me on this _ day of , 2007, by as President of Stone Creek Elementary School, a Colorado nonprofit corporation. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ss. COUNTY OF EAGLE Subscribed and sworn to before me on this day of , 2007, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon. Witness my hand and official seal. My Commission expires: Notary Public STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY PARTIES. The parties to this Lease are the TOWN OF AVON, COLORADO (Town), a Colorado municipal corporation, and STONE CREEK ELEMENTARY (School), a Colorado Nonprofit Corporation. 2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of the School for the education of the children of Eagle County. C.R.S. § 31-15 - 713(1)(c) grants to the Town the right to enter into this Lease. 3. PREMISES. The Town hereby leases to the School the surface rights for the property described as Lot 5, The Village at Avon, Filing I (Premises), situated in the Town of Avon, Colorado. Attached as Exhibit A is a schematic map depicting the building, parking lot, playground, utifilities 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. 5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 31, 2007. The Premises are currently in use by the Town for snow storage and in the future will be a permanent public works site. During the term of this Lease and for the term of this Lease. the Town will enter into a lease with Traer Creak RP, LLC for a replacement site described as a part of Tract 13, The Village (at Avon), Filing 3 ). Upon termination of that lease, the Town will have an immediate need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY-ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year. $5,000 of which shall be due and payable on the first day of the Lease, and the balance of which shall be due and payable on October 15, 2006. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. 1, � Ll- 7. OBLIGATIONS OF THE SCHOOL' 7.1 Use Restriction. The School shall use the Premises only for school purposes and in compliance with any and all restrictions contained in its Charter and state law, any and all restrictions contained iothe approval ofuspecial review use by the Town and any and all restrictions contained io the approval Vfthe The Village Design Review Board. The School shall establish and maintain ail outreach program for "at-risk" children and shall provide evidence thereof to the Town along with quarterly reports as 10 the aouoesm of that program. Any non-scholastic use of the Premises shall have the prior approval of the -Town atu[[ In the event the School persists in using the Premises for upurpose other than school purposes iu violation of this Lease or violates the restrictions as utbcomoid, the Town may terminate this Lease by giving prior written notice of the violation. The School yhu|| dzco cease using the Premises for the remainder of the term. 7.2 Right to Cure. Upon receipt otu notice o[ violation or presumption of abandonment, the School shall have the right to cure such violation within 10 days uf such notice before the Town may terminate the School's leasehold interest for violation n/initiate ucivii action in the District Court for Eagle County, Colorado. 7.3 Purchase of Improvements. When this Lease io 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, 10 the satisfaction o[ the Town. The School shall provide a restoration bond in the amount ofS25O"0U0"in the form ofcash, letter n[ credit or other security acceptable io the Town in its ao|c discretion, to guarantee its compliance with this Subparagraph. 8. INDEMNIFICATION AND LIABILITY INSURANCE. Io the extent permitted by law, the School shall and keep harmless the Town bonz: 1) any expense incurred hy the Town iuentering into and performing this Lease; 2) any, and all losses, damages, charges nr claims arising out nf the operation ofa school facility ou Town property, including without limitation from any violations or The \/U|ugc Design Review Board and Twwnapyrnva m,tho School's Charter orstate law; 3) any and all loemea, dacuagoo, charges nrclaims resulting from personal i ury. dcu1b or property damages occurring on the Premises; and 4) any costs, including attorney's fees, whether o[the Town Attorney oc other attorneys, relating to Z) through 4) above. 8.1 The School obu/1 nkzoc and maintain a1 all times, at its sole expense, u general liability insurance policy with respect to the Premises in which the limits of liability shall be not less two million dollars ($21,000,000) for each occurrence and with uu annual a���c�utc coverage uf not less than five million ($5,000,000). 0.2 All general liability insurance required of the School shall include the Town uu an additional insured and shall include o provision requiring the insurer logive the Town thirty (l8) days notice prior iocancellation. 8.3 Certificates of insurance issued hv the insurer shall be filed hvthe School with the Town within lO days after the date of this Lease io executed hv the School. 9. PROPERTY INSURANCE. The School shall obtain and maintain during the term of the Lease and any renewal period, property insurance inun 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 Oro` flood, and other typical local hazards, and certificates of such insurance issued by the insurer shall be filed bythe School with the Town within 10 days after the date o[ completion of the building and other improvements. The School agrees that i[ any or all of said improvements are damaged or destroyed, said damage shall be promptly repaired or replacement improvements promptly erected on the Prcoui000 by the School, applying thereto any iunuzoouu payments received hyit; provided, bop/cvec that if said damage or destruction exceeds 50% of the current appraised value of said improvements, the Subvn| shall be required to repair orreplace said bnpoavmooeo1y only iothe event it is reasonable o1 that time for bk) continue operating aaohoo| on the Premises. 10, UTILITIES. The School shall be responsible for all utilities furnished for the B. MAINTENANCE. The School shall keep and maintain the Premises,, iudndio8 improvements and vegetation, ino good clean and healthful condition, making repairs us necessary a1 its sole cost and expense. The School shall bc responsible for snow removal o1ia 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 frorn time to time make such alterations, changes, replacements, improvements and additions to the Premises and the buildings and improvements thereon as i( may deem desirable, including the demolition o[any building. iouprovunucu1, and/or structure that now or hereafter may be situate or erected on the Premises, provided that the use of the Prcnoiaua as u 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 u lien tobc asserted mfiled against the Premises arising out of its operations oractivities. lfa 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. 14. CONSULTATION. The parties acknowledge that, over the term oF this Lease issues may arise concerning implementation of this Lease that the parties have not now contemplated. Recognizing that u high level o[ cooperation between the parties io necessary and desirable, the parties agree to consult with each other from time Wtime 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 yud7 shall from time to time designate in writing such party's -contact peraou" for all oout0ero involving the adrnioiabu1ino of this Lease. 15. NOTICES. Any notice required oc permitted hr this Lease shall bein writing and shall hc deemed 0o have been sufficiently given for all purposes d[ sent bv certified or registered mail, postage and fees prepaid, addressed to the party tn ndzum such notice is intended tnhc given nt the address set forth ou the signature page below, ora1such other address as has been previously furnished in writing to the odbcc party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 10` DEFAULT AND/OR TERMINATION. All terms and uouddkxzm of this Lease are considered material. |u the event that either party defaults in the perknnnnoceo[any of the covenants or agreements to be kept, done or performed by and under the requirements of this Lcuoe` the non-defaulting party n6uli give the defaulting purty, written notice of such dekzuk, and i[the defaulting party fails, neglects or refuses for a period of more than 10 days thereafter to cure the default, then the non-defitulting party, without further notice., may, iu addition to any other remedies available to it, terminate all dubta and privileges granted iuthis Lease and this [emoc sbu|| be of no further force ureffect. l{ 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 eotd|eJ,iu the event o[default, ))tn correct the default itself and to assess the cost thereof to the 0chool, together with interest at the rateo[eichteoo(l8)perceotyerononrouocruiogfrorntbctizneofumscxoonuo1 and 2) to collect interest at the rate of eighteen (18) percent per annum from the time of default iu the event uf any monetary default. 87^ WAIVER OF B0UEACH, The waiver by any party 1othis Lease otn breach nfany term or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach by any party. 18. ASSIGNMENT. NcithcpartytoUdm[ease shall transfer m assign any interest in the Premises without firtobtaining the written consent o[ the other party. 49. SEVERABILITY. If any provision ot this Lease orits application is finally determined bzbu invalid, void, ior unenforceable hyu court of competent jurisdiction, such provision ' shall be deemed to be severable, and all other provisions o{ this Lease abuU remain fully enforceable, and this Lease mba|| be interpreted in all roapeo1x as if such provisions were omitted. �7 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. Z:� 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. NJ"41,L I a 2006 STONE CREEK ELEMENTARY SCHOOL TOWN OF AVON By:_ Ronald C. Wolfe. Mayor ATTEST: % S E' A PfjM Kenny, wn Cl roc U VA STATE OF COLORADO ss. COUNTY OF EAGLE Subscribed and sworn to before me this day of 2006, by V'UP101kyl -41WIJV4�-President of Stone Creek Elementary School, a C-2olorad nonprofit corporation. Witness my hand and official seal. My commission expires: STATE OF COLORADO ss. COUNTY OF EAGLE The foregoing document was subscribed and sworn to before me this day of JWJ4 '2006, by Ronald C. Wolfe as Mayor and Patty-McKenny as Town Clerk of the Town of van. My commission expires: L.y..l 1, 2,75/2006 10:4727 AM - 11 i:--iwlfirv-� SITE PLAN CONCEPT STONE WEEK ELEMENTARY SCHOOL E WEEK -�E.TARI SCHCC, LOT 5. BLOCK 1, . GE (AT A�', FI-G I TOM Cf A�. COLORA;M Rffifi- /J, ,rr I" - 11 i:--iwlfirv-� SITE PLAN CONCEPT STONE WEEK ELEMENTARY SCHOOL E WEEK -�E.TARI SCHCC, LOT 5. BLOCK 1, . GE (AT A�', FI-G I TOM Cf A�. COLORA;M Rffifi- fi -. vp�r Z O� Q Mp O -1 �_ m O 1-1K CA Z ❑ O �. e, p -0 o m m ❑ p iv D o O Q ` ° Co ul-a.M room ru ® 1 (1 �y °' mm O m c Z Z., ®® V ❑ 1 ru ❑ SO 4 O� O �7 � nn -0 0 9,3 O 1p r O-j O v OO p O 7 3 z s L.- ci (+ D i G r A X to EXHIBIT 2 FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY STONE CREEK CHARTER SCHOOL WATER AND SEWER TAP FEE SCHEDULE - (I -INCH TAP): Town of Avon - Water Tap Fee $10,400 Traer Creek Metropolitan District - Incremental Water Tap Fee $ 5,200 Upper Eagle Regional Water Authority -Plant Investment Fee $11,172 SEWER: Eagle River Water & Sanitation District - Sewer Tap Fee $15,864 Traer Creek Metropolitan District - Incremental Sewer Tap Fee $ 3,921 TOTAL I SEWER TAP FEES $46,377 Page of Patty McKenny From: Cynthia Forstmann [cynth einc.com] Sent: Friday, February U0.2OO71O:58AM To: PattyyWoKenny Cc: ismiscio@earthlink. net-, 'Jana Trombetta'; 'Santaniello, John'; 'Scott and Laurie Liddick'; kevin5280@man.uom;dbretta@oenturyte|net;e|iab_rubio@hotmai|.uom Subject: RE: School Materials Coming Importance: High Attachments: SCE contact info.doc;SCSDemographicsdoc; Edwards. Excavating, Restoration. SCE. Site. pdf; Nortex.Ledar.of, Credit. pdf; SCS Fundraising Letter2707doo Hi Patty, Attached are'. 1) The Board Contacts and Committee Responsibilities — this is an updated list which includes our personal and new school email addresses. 2) The Demographic Information requested 3) The Nortex Letter of Credit for building removal (provided previously) 4) The Restoration Estimate from Edwards Excavating (provided previously) 5) A Fundraising Letter that has gone out to the School Community describing efforts to date S) The Stone Creek Financial Package — the Nortex Payment Schedule is included as part of these budgets. (| believe this im due to Larry and Scott, but necessarily the Counci|.) I am working to obtain an agreement with Summit Plumbing later today to avoid issues against the property. We will be working on our actual presentation over the next several days. As you might imagine, the situation changes daily. Please feel free to contact me if you need anything additional. Cynthia Forstmann Write Edge Communications Make your message matter From: Patty McKenny[maiUo:PMckenny@avon.org] Sent: Friday, February 09, 2007 8:48 AM C O E 0 O cu 0 co E CD -W c0 n CD LO cfl E 0 OD co r- c -2 1,- E 0 E 0 cn E @ C) 00 C\l LO > a) ls� a) @ > m c m N >1 a) @ m a) 0) _0 a) @ m !E 0 E 0 6 m E @ N 0) 0 3: (D m a) @ .2 0 (n N @ 0 m m ON x E 0 @ 0 -0 =3 m 6-1 CD LO cfl (C) OD co r- CD 1,- CO (Y) N (.0 (N V) LO 0) 0 r- 0 x - U) X r E (N co r C\j U) CY) 0 m m U) x x x X x 0 C: 0 M r�- (,0 (n m a) M c c m 0 CO C: 0 0 > 3: 0-0 C-0 CD p- >, 0) Om 0 O> 0 0 > 0"o 0 0 > n < a- w r (D a- w a_ < n < a_ w n < I O ca LL LO 0 "T (C) co CC) Nt N C"i r- 1,- 0 C? N d 't co T— 00 0) C? C? (N C? C) CY) LO CY) 0 m m U) 00 L- c c 0) 0 c c 0 x CC) M w m m 'IT d (.0 I O ca LL LO 0 "T (C) N "T cy") (C) 1,- 0 C? N C? co co 0 00 0) cli (N (N LO (3) LO CY) G) o m U) _0 L- c c a) 0 c c 0 x 0 (D :3 U) 0 (Y) Lr) G) C? .0 5 U) .(D co co 0 "T C\j cl i 1-- 0) LO 0 (D :3 U) 0 E U) .0 5 U) .(D 0 0 0 rZ E 0 0 L LL -C E 0 o m 0 _0 L- c c- a) 0 c c :3 x C: a) C: 0 m w U- w 0 (D :3 U) 0 E U) .0 5 U) .(D E 0 cc, 0 L LL ffi w a) C: (D — — a) a_ U) m q) a) %U m a) C: a) C: 0 _g_- c 0 0 (D :3 U) 0 a O ca E L O 4— V CL O O N E rn N ia) t6 U- 0 O � Q _N W U O cn 0 0 0 0 0 0 0 0 N d) co co co �- N O T- Lo C', 8 of i U 0 I 0 Q 0 RS U CD Z > _0 � H a) Q U W (1) O a C° zo Q F- E t3 E J 0 m 0 � 0 CL 0 (D v Q > >> a ¢ v w w w 8 of i U 0 I 0 Q 0 RS U CD Z > _0 � H a) Q U W (1) O a C° zo Q F- E t3 E J 0 m 0 � 0 CL 0 (D v Q Edwards Excavating Inc. 0022 Angela Lane Edwards, Colorado 81632 6 aa 970) 926-3395 pho (970) 926-5508 fax Estimate to Reclaim Stone Creek Charter School Site -The Job can be completed with two excavators, two loaders, and a grader in a three week period -The job involves putting the property back to the condition it was in prior to the project commencing; including removal of all utilities and grading of land. -No material will be imported to the site -Please refer to rate sheet for hourly rates Estimate total $55,000 1A • r .; D a ■. .■ .�a . e r a s a T___ o a a a s a a s '.x a s c r a a x a a a a a a a 0022 Angela r • �. • i 926-3395 • • 1 • 1 926-5508 Hourly II Caterpillar D -3 (Dozer with Detachable Backhoe) $85 JD 80 (Excavator 24" Bucket, Thumb, Compactor) $130 JD 240 (Skid Steer Y2 yd Loader Bucket) $85 JD 410E (Rubber Tire Backhoe 1 '/, yd Loader, 4x4) $95 JD 510 D (Rubber Tire Backhoe 1 114 yd loader, Compactor 4x4) $95 JD 690 DLC (Excavator 24" or 36" buckets) $160 JD 690 ELC (Excavator 48" Bucket) $160 JD 200 LC (Excavator 36" bucket with thumb) $160 JD 624G (Rubber Tire Loader 3 yd Loader) $140 JD 755 B (Track Loader 2 '/4 yd Loader Bucket) $140 Galiion T -500 (Motor Grader) $110 Dump Truck (Tandem 8 -12 yd capacities) $85 Sheepsfoot Compactor (Walk Behind Diesel Compactor) daily rate $325 Jumping Jack Compactor (Mikasa Tamper) daily rate $100 Labor $40 Water Truck 4000 gallon Water truck $95 JD 510 D 4x4 (With Rock Breaker Attachment) $140 JD 80 (With Rock Breaker Attachment) $170 JD 690 ELC (With Rock Breaker Attachment) $200 I:%t i iiWI -Rock larger than one ,yard is encountered -Over excavation of site -Dirt moved and stored far from site -Order of work is changed - Machines sitting due to delays will be removed from site and brought back at owner's expense - Extras to bid - Unexpected dewatering -Frost -Snow removal -If more topsoil is needed than we find on site more will be brought in at owners expense - Street cuts for utilities will be billed on a time and materials basis -If utility depths are out of the ordinary utility costs will be renegotiated - Surveying is the Responsibility of others r NORTEXMODULAR SPACE 17301 W. ColftvAvenue Sufte4ll Golden CO 80401 August 24, 2006 Mr. Bill Hammer Stonecreek Elementary .PO Box 208 Vail CO 81658-0208 RE: Letter of Credit For Removal Charges Dear Bill: Please use this letter as evidence of Nortex Modular Space's commitment to extend credit to you and Stonecreek Elementary for the removal of the modular educational building from the present location at 375 Yoder Avenue in Avon Colorado. Approximate charges of $100,000.00 - $125,000.00 for the removal and transport of the building to another location in Avon are to be expected. This includes disconnecting the interior joints of the Ere sprinkler system, tear down of the building and transport to the new site. This does not include charges for electrical., plumbing, HVAC and other disconnection services. Bill, if you should require any additional information, please let me know. Thank you. Respectfully, NORT EX MODULAR SPACE Daniel V. Rasmussen NW Regional Manager 3031985-1966 3031985 -4660 fia c www.nortexinodulancore M February 9, 2007 Dear family and friends, On September 2O.2OO6.a brand new charter school opened its doors in Eagle County Colorado. More than one hundred and thirty families made the courageous decision to enroll their children in Stone Creek School (SCS), filling 9 classrooms with 163 students in Kindergarten through sixth grade. Sbsdingachortersohoo|haaproventobebothabothadepartureandanadventune�nomedhingthefounding families are learning through their day-to-day experience at Stone Creek. VVe wanted something different in educating our children. And, vve got it. Education/snot the filling ofa pail, but the lighting ofa fire. William Butler Yeats It's the difference in our children's attitude about school and learning. It's the difference of teachers who expect students to take intellectual risks and personal responsibility. And it's the difference of Betsy Hill, our administrator who comes to SCS with 43 years of experience, most recently from Medina Elementary School in Bellevue, Washington, a district widely-known as one of the most successful public school systems in the United States. Her ideas on education are revolutionary and the team of teachers she's assembled are following her lead in awe and admiration. While our children are thriving in this unique academic environment, our school is facing a serious financial crisis; one that is the result of unbudgeted construction costs, an over-estimation of headcount for state per pupil funds, and missed grant and fundraising opportunities. Simply put, the survival of Stone Creek School is dependent on raising money now. While our ten-year, long-range plans look promising, we must first get through the next four tough months. To meet our financial obligations through the end of the year, we need: ° $2GDl00by February 13 This amount will complete the payment for our modular trailers and bring us current with Wells Fargo, the bank which provided our building loan. Wells Fargo has agreed hz restructure our loan going forward as soon aa this good-faith payment ismade, � $5DOj]QQb»$70U/DQU through June 2007 This amount is needed to cover operational costs, including salaries through the end of the year. When the seriousness of school finances became apparent over the past few weeks.eevera|initiotk/es commenced immediately: • Parents, family and friends have pledged almost $75.00Ointhe first week in personal donations; • Several families have volunteered io pay vendors on behalf of the schoo|� • Our teachers are hosting a Valentine's Dinner Dance this week — that's how committed they are-, • Our Fundraising Committee is planning a Kentucky Derby in May, a major fundraising event-, and • State, federal and private grant opportunities are aggressively being pursued for the coming year. Standing on the cutting edge takes courage. We are committed to turning our financial situation around, but we also need the financial support of our friends, families and the community-at-large. Please consider joining usin our effort to make this new frontier in education — our free public charter school — available to any child in Eagle County. See the attached SCS PLEDGE FORM with details on how to help us this initial start-up year. With sincere thanks for your support, The Stone Creek School Community Mailing Address Physical Address P.0. Box 2O8 (970) 748-4535 O375 Yoder Avenue Vail, CO 81658-0208 Avon, CO � � \ TO: Avon Town Council Town Manager FROM: Avon Town Council SUBJECT: Blue Ribbon Housing Panel February 1, 2007 At today's meeting (attended by me, Brian, Amy, Larry and Matt G.) the Panel formed an 11 member Council to do the heavy-lifting for the larger and more diverse Panel. Six municipalities plus the County will each have a member on the Council. Four additional members were selected from the private sector. These four are Gerry Flynn, Tony O'Rourke, Kara Heide and Mark Ristow. We have to select our member of the Council ROLE OF THE HOUSING COUNCIL:. This group will develop a detailed approach but generally is charged with exploring all available tools and approaches to achieve regional production of a diverse range of housing types and price-points that meet the needs, support the vision and which are consistent with the values of the individual towns and the larger region. The Council will use the Panel as a multi- constituent sounding board. Eventually some array of coordinated policies, legislation and procedures will be presented to the municipalities for adoption. The Council is expected to have a life of 60 days or so. TOA MEMBER: The member can be an elected person or a member of staff. They have to be able to represent the vision and values of Avon and help the solutions to be consistent with and supportive of what our town wants to be. I suggest that we carefully consider the balance between political capability and technical expertise. A staff member intimately familiar with our Comprehensive Plan and our own evolving housing legislation should be considered. Time availability is also critical because the Council will meet every week (or bi-weekly at the least) and appointees must be ready to do their homework and make the time commitment. i To: The Honorable Mayor and Town Council From: Jane Burden, Operations Superintendent Thru: Robert Reed, Director of Transportation & Public Works Date: February 7, 2007 Re: Skier Shuttle Summary: It is our objective to provide council with current Skier Shuttle service levels and projections for service levels in the near future. This includes our current levels of service and anticipated future needs that we feel will result from the development in the town core. Further, we will illustrate the operational and fiscal benefits of the gondola's part of the equation. A power point presentation will illustrate the reasoning behind an operational recommendation for future ski seasons. Previous Council Action: The council has asked for a discussion about the bus service that might be employed with the upcoming operation of the gondola. This is an update to council on current Skier Shuttle service levels and projections for service levels in the near future. Background: With the new gondola scheduled to be up and running for the 07 -08 ski season, it is time to start anticipating the impacts of the gondola and the planned redevelopment projects occurring in Avon and the development of The Village at Avon. We'll explore the mobility changes on guests and residents using the transit systems between Avon and Beaver Creek. Discussion: The gondola and Confluence development, the Town Center West development and the Village at Avon development will increase the current usage of the bus system. With many new dwelling units slated for construction in the near future, our population will increase proportionately. We'll explore options to accommodate this projected growth. The system wide growth rate between Avon and Beaver Creek is currently in the 15 %- 20% range and new development projects will only add to this. We want to continue to provide our guests and residents excellent service with appropriate service levels and frequency. Recommendation: In order to minimize the dependence on buses to achieve connectivity between Avon and Beaver Creek, we would propose to control bus inventory and direct the guest to the gondola to the greatest extent possible. To achieve this, we propose discontinuing the Beaver Creek Landing stop on bus service to Beaver Creek Village. Town Manager Comments: _f��. � J� L:4 I I M To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works and Transportation Date: 2/7/07 Re: Council Chambers Sign / Logo Summary: Attached you will find copies describing a sign / logo for the north wall in the Council Chambers. I have included an estimate as well as a photograph depicting the size determined for that wall. Previous Council Action: Council, in the budget process, had asked Staff to replace the banner / flag that is now being used in the Council Chambers. Discussion: This is a three dimensional sign made of a plastic composite material. It has a routered wood grain look to it and has been sized accordingly for the space available. It is also very durable and easy to clean. Financial Implications: Estimate is for $2,445.00 and is currently in the Facilities budget Recommendation: In keeping with the theme of the Town logo on that particular wall, Staff recommends approval of size and type of sign shown. Alternatives: A different medium could be used such as metal or redwood. Staff felt the metal would look "cheap" and the redwood would probably absorb light and look very dark on camera. Something other than the Town logo could be designed specifically for this space as well. Proposed Motion: No motion is necessary. Town Manager Comments: Ll Graphics, I.I.C. Date: 12/031/07 Phone: Fax: 476-6747 ESTIMATE From: Monte RE: Chamber logo sign Pages: I Here are price range estimates for your sign project. Item Quantity Description 1 Appx 48" x 48" x 1 1/4" thick Custom raised copy logo routed and embed- ded into base plate with dimensional routed "wood grain" into logo 3 color with additional black edge or reveal to separate off wall. French Cleat mounted to dry wall behind chamber podium. Similar medium to Wildridge wildwood signs on Metcalf road. Estimate=$2445 Installation on above is based on Time & Materials @ $87.00 per hour per man. Art files will be provided for final approval prior to production. We do have a 50% deposit for jobs over $1000 for production to begin. Please call with any questions, Thank you, Monte Park ihone: 970.949.4565 fax: 970.949.4670 RO. Box 2994 Avon, CO 81620 To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Shane Pegram, Engineer II Date: February 5, 2007 Re: Update on progress of Roundabout 4 Conversion S1.lmmary: The Town of Avon previously detennined that Roundabout 4, a 3/4 roundabout located at the intersection of Avon Rd. and Benchmark Rd, would better seine the community and provide more efficient traffic flow between East and West Avon as a full roundabout. We have recently received Final Plans for the construction of the full roundabout. The current schedule requires starting advertisements for bid during mid February. Exhibit A shows the new configuration of the roundabout. In order to allow safe traffic flow through the full roundabout, the grades south of the roundabout will be raised. New curb and gutter, sidewalks and crosswalks will be constructed. All new construction will match the existing streetscape features. Exhibit B shows the construction staging plans that address traffic flow during full roundabout construction. Town Manager Comments: �a Attachments: Exhibit A Sheet C9 and C3 of 11 Exhibit B Construction Staging Plans C:ADocuments and Settings\nwood \Local Settings \Temporary Internet Files \OLK23\2 -5 -07 Council Memo.doc O O ear O L t R=71 11 -1 T-17,07 5 5,57Z4' 71W SjCIN ROTOMILL AND CTION I A 0,61,18 OIL TA: 3,9030 -BrIfOIN ROTOMILL 40 END ROAD ASPHALT RECONSTRLI STA: '11414 T E8 CL IT RE, CL CONSTRUCTION TO' E0 OL ANU NO PAYER'CL STA 492,70 CURB A?ND­ F R '�`I NB Cl I STA � 3190,25 OFF$E[�, J,UG3 FESEI 15 07 L� OFFSET; I L R=8219 L= 4%25639 ff 34 Eo,CL C8 -N24'45'14"E �IfB B E� ITAI + gA P GIF ET! FSEOMI !&B2 L: 1 15 To-82,78 Ell CARRY CURB GO Y 'TFUC 6P10224'02" I UCTTJ`NR" �U CON CB B�65Z W CL STA --502'13'26"E CH-43 37 TE�UFNE C13 INS IS CH-103.74 T-10,501 m�_ OFFSET: 17.01 R STA: 52,56 REPLACE/RESET EXISTING OFF 11 40 L CBH�N35-2947�E I STREET LIGHT - i I\ 4,0603 IN SIDEWALK 3 ALK', I OFFSET: 26 94 L SO CL STA: T­ "ilia 17,72 v EB_ END 1:5� CAI C OF INS CL N Tll�+" I�BBJ 79Ff`T 2d, NO 111L TER OPFFS": 4 R, STA,� 3,2 BE CL I A�:" 3 � 3 CL L3D5 BEGIN CATCH %FTE,'. D-7412 R - 53" �El All/11 T� L 1 3125.9 STA; 1+40�5 Q TING �Tlll CRT OFFS 13,90 OFFSET: DI R STA: 4065 cm 8 CL 3+ I 3+52A8 B!CL OFFSET: 4,5� FFSET; 2 a 87 1, RELOCATE IRRIGATION AS NECESSARY. 3+50,72 &32' �CF SETI 27,44 L STA 3 R CL 8 al 2. TREES IMMEDIATELY ADJACENT TO PROPOSED SIDEWALK, CURB AND CUTTER �,qf��fFSET: 13LR,7 L 7 7 7 SETAF?12 NB, CI STA: 3+ LA5 N t A.a�3 12: 1 8 CL 40 TO BE REMOVED OR RELOCATED AS DETERMINED BY "7 32 L= OT-1 75 TOM OF AVON OR ENGINEER PRIOR TO START OF CONSTRUCTION. 9,2 R=711� ra T-31,17 FFSET I R 1 PLAQUES LOCATED ON COLUMNS WITHIN THE ROUNDA80UT SHALL BE REMOVED 1 '1- 't2 W .-N IIl 7 ;,7;;.62 &-2731134' PRIOR TO OEMOLIPON OF COLUMNS AND RETURNED TO THE TOM PRIOR TO STA:' 3t DEMOLITION AND CONSTRUCTION OF PROPOSED WALL. 14, C CH = kC I tf 1 8 3 3 1 54 OR CL 4, RELOCATE POWER SUPPLY FOR TREE LIGHTING AND STREET LIGHTS NB ��A L I IET 3 I $8 CL 1- 3 7,46 AS NECESSARY. OFF' TA , 5 L OFF 'I PEPLAI I CE/RESET EXISTIN CL 2'A CL SET: , 12, 7 TO JA JUST EXISTING UTILITY MANHOLES, VAULTS, RING AND COVERS, BOXES, ETC N I I " FNAL GRADE, • STREET LIGI STA, 'T�STA S� C 5,t FBI m L STA: 3,0 FFSE[T: 136, R F��PLL E,� 1 4 OFFSET: 3175 DEESE 27,99 L SIRE 1 1 CE/RESET EXIS NG 6, RESET EXISTING SITE FURNISHINGS TO GRADE 111: 101,11 B "'I L 'OFFSET : 2,3A L St,,A: 98,77 ILIA 2 +9916' SB CL TA 3+ 06r,14 5 5S R I : 3+02,25 kT : 25 35 P 14.33,� 1 OF ESE T: 12,84 N 'L 1+12,1 4 , R 206, 4,7 DEF�EJI'A ED 1 1. L Na FL TA - 9 TA . I GIESE` +C14,137 L 21 'B_C STA 617 it C Z SB I 2�89�5.L� OFFSET 1.7� R L FLEETS 2 1�2+R OFFSET : 27�32 11 SIX 2+1&15 IS L STA: 3+00,28 E, ON 4, #OFFSET 14291 � : I I o 2 2 : -, 11' CD QTAi 1.59,62 v SOCL STA 2+9823 0 CIL # OFFSET IZ2 1'�'�4ESEI E I OFFSET 7,1t, L - 1 0 > t - ----- OFF 13,54 L SIGN Do 'TAT: I TB > ,2" OLT X"T'i OFFSET 14,L L 'A C R < RE 11/RESIT EXISTING STREET LIGHT I, I Z �-SIAC .4 27 42 CL STA:: 2,38,2 V OFFSET �R EEOLACQIRE�ET EXISTING 0 SE 1�.26 I GH ISLET LI N8 CL STA .. Tj+3790 1 k FFI.SET: Z8,51 R R�LA E IEEET E � I$TINC SIR I JGIT_ E OL E �TA �JE 2 OF �,4 1 R �(�;,.RTHECUN. REPLACE/RE RIF1 SET EXI�TING STREETILIG-- EN ER 11� CL STA; 1 89, I \ I OFFSET� 21 96 L , Z,' , I I I i j ! TRI PLANTED I R 5 -_pL;iC .0 II ( ED _TREE; TO BE A, X I NO a, 1 1 0 CENTERLINE REPLACE,��'ET�"�STINC Go TREES TO BE NBCLST�C f.86.7 STREET LIGHT < PFFSET TRANSPLANTED TIR REPLACE Na Li 2IE73 R z Tk 60,29 7 0 4 OFFS T: 12,84 0 Or < I Z 0 EXISTING CL TA: 1 41, , I I OFF ET. 28, REP CE/RESET EXISTING Z < o - STRE I Ll� 0 4T 1+4]186 BEGIN PILL NS G�STX (if < U CURB k GUTTER OFFSET: ' -2696 A >-7 8 CL 0, 1+2550 < 0 > i. BEGIN R060 CONSTRUCTION z STA 12, OFFS B CL SVA: 1125,52 1 :D CTION i B21 5 12671 0 GIN ROAD . CL CO 5 �Tl U+ OFFSET; P,00 R I U GIFW!BG� 5 co .06 R BEbIN SID z I �EWAL� L,I SIDEWALK TIN L, SIDEW '7 ED 1S31TN I + 'JA _N IL TA , , ; A 08E T. 5 L < GIESE 11.5 < 0 GO ER z ICARRY CUTTER BEGIN A *,�ITNffft CIIN g,.,K 16RRY CURB 4 FT So I IN R� PON + S IT C 1+2 > 0 N KC f. 54 CL 74 R NB8'IC2I'E Z,, fSET� OFF, J E 'r 6E GIN SPILL URB k G TIER C XISTRUCT� t r, CL 5TA: EIGIN FITOMILL All) C IfSET 13 81453 _A ONSTRUCRON D +99 72 1 OFFSET 000 0 00 R 'ON 6- �y I ' GRAPHIC SCALE sT ---------- C 'STA: G+ 14,55 -1- ISE Go R z w \ , � ." f ,� x 'i � ( � � - � ' � IN FISOT A I mgt, = 20 ft. Paalccr no. CONTOUR INTERVAL - I-FOOT C3 OF 11 GRAPHIC SCALE IN FEET I inch = 20 It CONTOUR INTERVAL = I-FOOT 4' DASHED WRITE STRIPE PER MUTCD 2003 STANDARDS �41 - 1 t,�JJ - ------ --- LLW IJ� INA 7 7- .5V a 70A V 1 NO 70 � 01 Ol 0-pst miff 20 - t. sla, A . I A AMES MM AMV 7 M7 ji°° ---------- Cot LLJ s r R VIA: II Its! jYU lie 40 Iw us. • To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager z. From: Norm Wood, Town Engineer Jeff Schneider, Engineer II Date: February 1, 2007 Re: Staff Update — Revised Flood Insurance Rate Maps for the Town of Avon Summary: The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP) through its mitigation division. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. In addition to providing flood insurance and reducing flood damages through floodplain management regulations, the NFIP identifies and maps the Nation's floodplains. Mapping flood hazards creates broad -based awareness of the flood hazards and provides the data needed for floodplain management programs and to actuarially rate new construction for flood insurance. Flood hazard maps, also known as Flood Insurance Rate Maps (FIRM), are produced through floodplain and channel analysis, and distributed to counties by FEMA. The Town of Avon recently received updated FIRM maps for all land within the Town boundary, including new information about the Base Flood Elevations (BFE) determined for the Town. BFE's are the water elevation during a 100 -year flood, also referred to as a one - percent annual chance flood. The process is currently in the 90 -day appeal period. Copies of the correspondence memos from FEMA are included as Exhibit A, and the existing and proposed flood maps are available for inspection at the meeting. Discussion: Numerous changes to the FIRM have been administered and presented for public comment /appeal, prompted by a detailed floodplain analysis of the Eagle River performed by Eagle County. The previous map for Avon was adopted in 1987 and included the entire town in Zone D. Zone D refers to "Areas of undetermined, but possible, flood hazard." The new maps also include land annexed into the Town including the Village at Avon. The new FIRM provides new BFE's for the Eagle River, and classifies the Eagle River Floodway as Zone C:ADocuments And Settings \Nwood \Local Settings \Tempor<iv Internet Files \OLK23\FIRM Council Update Memo 2-1-071. Doe 1 AE, meaning that the BFE was determined. Further, the Zone AE designation on the Eagle River in Avon defines the floodway as "the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the one-percent (1%) annual chance flood can be carried without substantial increases in flood height." For example, the BFE for the Eagle River at Bob the Bridge is approximately 7419 feet. BFE's were only determined for the Eagle River in Avon. The small portion of Beaver Creek running in the town is listed in Zone A, meaning that it is identified as a flood hazard area subject to inundation by the I% annual chance flood, but no Base Flood Elevation has been determined. The remainder of the Town of Avon has been classified as Zone X. Zone X is defined as "areas determined to be outside the 0.2% annual chance floodplain." The 0.2% annual chance floodplain is also known as the 500-year floodplain. This is an important designation as it removes any possibility of flood insurance requirements from almost all developable area within the town. The 90-day appeal period began on January 18, 2007, during which time communities can either appeal the BFE determination, or file a decision not to appeal. During the appeal process, any owner or lessee of real property may appeal if the owner or lessee believes that their property rights will be adversely affected. Appeals of this nature must be supported by scientific or technical data. At this time, we anticipate filing a resolution not to appeal the BFE determination, to be presented towards the end of the appeal period. Attachments: Exhibit A Cover Letter on Proposed Flood Elevation Determination Town Manaaer Comments: C:\DoCLInients And Setti n gs\N wood\ Local Settings\Temporary Internet Files\OLK23\FIRM Council Update Memo 2-1-07 1 Doc 2 =� Federal Emergency Management .agency Washington, D.C. 204 12 �J!i)vD 5 G4 .SAN it 2007 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 1-53 -C The Honorable Buz Reynolds Mayor, Town of Avon P.O. Box 975 Avon, CO 81620 Dear Mayor Reynolds: Community: Town of Avon, CO Community No.: 080308 Enclosed is a copy of the letter sent to your community providing notification of the start of the 90 -day appeal period. Due to an unexpected problem in the process of public notification, the notice of proposed Base (I - percent - annual- chance) flood Elevation (BFE) determinations was not published as originally scheduled_ Because the 90 -day appeal period cannot begin officially until the notice of proposed BFE determinations is published, the notice will be published as noted below. A copy of this notification also is enclosed. News a er E(igle Volley Enterprise Dates of Publication January 1 1.2007 and January 14. 2007 An explanation of the 90 -day appeal period is included in the enclosed letter. ']'he decision by your corninunity to appeal, or a copy of its decision not to appeal, should be tiled with this office no later thall 90 days following the second date of publication. Sincerelv,j k��' `� William R. Blanton Jr., CFA Chief Engineering Management Section Mitigation Division F 11closures cc: Mr. Bob Reed 'I owl: En,ineer 14,j av`r% i:it �=�a 4'oii Mr- Robert D. Krenbicl, P.E. Matrix Design Group, lnc. I WAR Federal Emergency Management Agency Washington, D.C. 20472 4 INV ID) S DEC 15 2W6 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 1011155 The Honorable Buz Reynolds Mayor, Town of Avon P.O. Box 975 Avon, CO 81620 Dear Mayor Reynolds: Community: Town of Avon, CO Community No.: 080308 On September 30, 2004, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) provided your community with Preliminary copies of the revised Flood Insurance Study (FI.S) report and Flood Insurance Rate Map (FIRM). The FIS report and FIRM for your community were prepared in our countywide format, which means that flood hazard information for the entire geographic area of the county, including your community and all other incorporated areas, was presented. That material makes it appropriate to modify the elevations of the flood having a I -percent chance of being equaled or exceeded in any given year (base flood) for certain locations in the Town of Avon, Eagle County, Colorado. Public notification of the proposed modifications in Base Flood Elevations (BFEs) for the following will be given in the Eagle Valley Enterprise on or about December 21, 2006 and December 28, 2006: Eagle River. A copy of this notification is enclosed. In addition, a Notice of Proposed Flood Elevation Determinations will be published in the Federal Register. These proposed BFEs, if finalized, will become the basis for the floodplain management measures that your community must adopt or show evidence of already being in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). However, before any revised BFEs are effective for floodplain management purposes, you will be provided an opportunity to appeal the proposed BFEs. Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) is intended to ensure an equitable balancing of all interests involved in the setting of BFE determinations. The legislation provides for an explicit process of notification and appeals for your community and for private persons prior to this office making the BFE determinations final. The appeal procedure is outlined below for your information. The regulations developed by FEMA to implement Section 110 may be found at Title 44, Chapter 1, Part 67, Code of Federal Regulations. A copy of the NFI.P regulations is enclosed. During the 90-day appeal period following the second publication in the above-nanied newspaper, any owner or lessee of real property in your community who believes his or her prope-mr rights will be adversely affected by the BFE determinations may, appeal to yomi, or toy wi agency that you publicly designate. it is iaipartant to note-, however, that the sole basis for s-,tich appeals is the possession of knowledge or information indicating that the proposed BFE deterininations are scientilcally or technically incorrect. These appeal data must be sabpnitted ul FEMA during the 90-day appeal period. Only appeals of the proposed BFEs supported by scientific or tecfv cal data can be considered before FEMA inakez; Its final deterrtniiiationat the N end of the 90-doy appeal period. Note that the 9Q-day appeal period isstatutory and cuumotte extended for any reason. Appeals of the proposed BFEs shall be based solely on scientific or technical evidence contrary to that n[ the proposed revised F%g report and FMI. However, inquiries regarding data other than the proposed BFB determinations (e.g.'incorrect street names, typographical erroru^oclisuimnm) will be considered by FEMA, and any applicable changes will be made before the revised FIS report and yIRM become effective. If your community cannot submit scientific or technical data before the end of the 90-day appeal period, you may nevertheless submit data ut any time. b[ warranted, FENI/\ will revise the FIRM againufier the effective date. This means that the revised F11W would be issued with the revised BFEs presently indicated, and flood insurance purchase requirements wmJdhoenforced accordingly, until such time no another revision could 6emade. Private persons who wish mappeal should present scientific o/ technical data that tend tunegate or contradict our findings to you io such form am you may specify. We ask that you review and consolidate any appeal data you may receive, and issue a written opinion stating whether the evidence presented is sufficient to justify an official appeal oil behalf of such persons by your community bu its own name. Wbcillercn not your community decides to appeal, you must send copies of appeal data from individuals, if any, to t1iis office as they are received. }fn.edonot receive an appeal from your community in its own name within 90 days of the second date of public notification, we shall consolidate and review on their own merits such appeal data from individuals that you may forward to us, and we shall make such modifications to the proposed BFE determinations an may beappropriate. l[ your community decides to appeal 6u its own name, all individuals' appeal data must be consolidated into one appeal by you, because, in this event, vroare required 0o deal only with the local government au representative of all local interests. Our final decision will hoiu writing to you, and copies will 6esent tu each individual appellant and to the State coordinating agency. The appeal resolution process will take into account any scientific oc technical data submitted 6y your community that tend to negate or contradict the information upon which the proposed BFE determinations are based. The appeal will bn resolved by consultation with officials of the local government involved, by an administrative hearing, or by submission of the conflicting data to all independent scicodfiobody or appropriate Federal agency for advice, The method for resolution will be determined hyFEM/\. The reports and other information used lomaking the final determination will he made available for public inspection. Until the conflict of data im resolved and the revised FDl Mhocnnocx effective, flood insurance available within your community shall continue to be available in accordance with the effective FIRM dated August l0.l987' and uo person shall he denied the right to purchase the applicable level of insurance * chargeable rates, The decisif oil by. your cormnunity to appeal, or a copy of its decision not to appeal, S11OL11 d be filed vridb this office ou later than 9Odays fbi Im wing the second ou6|ioodo�auf the proposed I3FB detennioutimns in the vbov-namex-l-newopuper.����m����omyt�d�zo��pdut:���U txlber attention b»the proposed BF8deteon bzo&moamo6tsUeoppeUprucedomnbyumbzgopzopo rcleaqseor other public notice, �� »� If warranted by substantive changes, during the appeal period, we will send you revised copies of the FIS report and FIRM. At the end of the 90-day appeal period and following the resolution of any appeals, we will send you a letter of final BFE determinations. The FIRM panels for Eagle County, Colorado, and Incorporated Areas have been computer-generated. Once the FIS report and FIRM are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for purposes of floodplain management, insurance determinations, and many other planning applications. In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If you have any questions regarding the proposed BFE determinations, revised FIS report, or revised FIRM for your community, please contact the FERIA Map Assistance Center, toll free, at 1-877-FE-NIA MAP (1-877-336-2627). Sincerely, William R. Blanton Jr., CFM, Cliief Engineering Management Section Mitigation Division List of Enclosures: Newspaper Notice National Flood Insurance Program Regulations cc: Community Map Repository Mr, Bob Reed Public Works Director Town of Avon E DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Proposed rule. SUMMARY: Technical information or comments are solicited on the proposed modified Base (I - percent - annual - chance) Flood Elevations (BFEs) shown in the Preliminary Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) for the communities listed in the table below, The BFEs are the basis for the floodplain management measures that each community is required to either adopt or show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program. DATES: The period for comment will be 90 days following the second publication of these proposed rules in a newspaper of local circulation. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street Southwest, Washington, DC 20472, (202) 646-2903. SUPPLEMENTARY INFORMATION: FEMA gives notice of the proposed BFE determinations, in accordance with Section 110 of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); 87 Stat. 980, which added Section 1363 to the National Flood Insurance Act of 1968 (Title XHI of the Housing and Urban Development Act of 1968 (Pub. L. 90-448)); 42 U.S.C. 40014128; and 44 CFR 67.4(a). These elevations, together with the floodplain inaiiagement measures required by Section 60.3 of the program regulations, are the minimum that are required. They should not be construed to mean the community must change any existing ordinances that are more stringent in their floodplain management requirements. The coninninity may at any time enact stricter requirements on its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed modified elevations will also be used to calculate the appropriate flood insurance premiurn rates for new buildings and their contents and for the second layer of insurance on existing buildings and their contents. Pursuant to the provisions of 5 USC 605(b), the Mitigation Division Director, to whom authority has been delegated by the Secretary of the U.S. Department of Homeland Security, hereby certifies that the proposed modified flood elevation determinations, if promulgated, will not have a significant economic impact on a substantial number of small entities. A flood elevation determination under Section 1363 forms the basis for new local ordinances, which, if adopted by a local community, will govern future construction within the floodplain area. The elevation determinations, however, impose no restriction unless and until the local community voluntarily adopts floodplain ordinances in accord with these elevations. Even if ordinances are adopted in compliance with Federal standards, the elevations prescribe how high to build in the floodplain and do not prohibit development. Thus, this action only forms the basis for future local actions. It imposes, no new requirement, of itself it has no economic inipact. I essees x-id ofreal pi j- I 'operry ki d1 c fbillowi:ng cotmytaridies are emo, i g to review the Prelimiiiary FPS report and FIRM and to 54brriit conmients to the appropriate community representatives as listed below, Proposed BFEs along flog; sources Puldied in detail are shot� m on the flog d profiles in the study, 'ffike proposed modif- led BFEs are as follows- *Elevation in feet (NGVD) +Elevation in feet (NAVD) ODepth in feet above 2round Source of flooding and Location of Referenced Elevation: Existing Modified , Community. fected Eagle River: Just upstream o[ the confluence with the Colorado Eagle County (Uuino I6voc None +6'144 Azoaa )]7ovmzof Avon, Approximately \,04U feet downstream ufthe Town of Eagle, Town o{ confluence with Two Elk Creek *7,984 +7,989 (}ypmorn, Town u[Mintuoz *National Geodetic Vertical Datum lQ29 +}JudbAnzcrioun Vertical Datum l988 # Depth iu feet above ground Unincorporated Areas of Eagle County: Maps are available for inspection at the Eagle County Building, 500 Broadway Street, Eagle, Colorado 8}63l. Send comments toHonorable Peter Runyon, Chairman, Eagle County, Board of Commissioners, y.O.Box 850, Eagle, CD81631 Town ofAvon: Maps are available for inspection at Avon Municipal Complex, 400 Benchmack Road, Avon, CO 81620. Send comments to Honorable Buz Reynolds, Mayor, Town uf Avon, y.0. Box 975' Avon, CO8l62D. Town o[Bu�le: Maps are available for inspection at Town Hall, Town of Eagle, 200 Broadway, Eagle, COO]631. Send comments to Honorable Jon Stavney, Mayor, 200 Broadway, P.O. Box 609, Eagle, CO 8163 1. Town ufGypsum: Maps are available for inspection o1 Town Hall, Town n{Gypsum, 50 Lundgren Boulevard, Gypsum, CO 81637. Send comments to Honorable Stephen M.Carver, Mayor, Town of Gypsum, 20. Box l3O' Gypsum, CD 8l63T ImvofMioturu Map are available for inspection at Town Office, Town ofMintmti, 302 Pine Street, Miumm,CO8164@. Send comments io Honorable Gordon Flaherty, Mayor, Town ufMintnon, P.0. 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O I- 0 C) (D c 0 ID X (D Z "al rn O co O O tti 0 ca �o CL D CN vs ors C E E E 0 C 7FD 0 c 0 O a. > cu O C: 8 ,o 0 E .0 0 0 C. co CL 0 43 0 E C cc, To: Honorable Mayor and Town Council Tbmm: Larry Brooks, Town Manager Fromm: Patty0QcKenny Date: January 31,20Q7 Re Business Re i t ti Update fo Avon Summary: A request has been made to include a list of new businesses registered in Avon in your packet, SO below iS@ list Of the new businesses and closed businesses iDAvon. NEW BUSINESS REGISTRATIONS Name mfBusiness Form Concrete Design RecommV@neless Communications Inc. Clarity Home Care, Inc. Street Add Q1O Nottingham Road, N-1O Service -build custom concrete counter tops 101 Fawcett Road, Unit Retail ' cell phones #155 1OOVK Beaver Creek Blvd, Professional — #218 therapeutic medical equipment 0101 Fawcett Rd, Unit 100 Restaurant HD Supply formerly Hughes 050 Nottingham Road Wholesale Supply US Bank formerly VVeotStar 15 Benchmark Road Semioe - bank Bank TERMINATED BUSINESS REGISTRATIONS Name Date Terminated New Bus (NB)m nmne New Ownership Open Date Office 1/1/07 no NB 1/1/07 no NO 1/1K77 no 1/1/O7 no 1M07 no 1/1/O7 no Reason Creative Minds, LLC 1M07 Graphics company moved toGypsum Mystic Marguerite, MS CA 1M/07 no longer inbusiness DVC[> Media, LLC 1/1/07 no longer inbusiness NB NB NO NO