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TC Council Packet 11-09-2010. ..: f TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, NOVEMBER 9, 2010 V0 N MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: //WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT a. Email from Andy Kaufman, Wildridge Resident, addressing Conditions on Wildridge & Metcalf Road dated 10/27/10 b. Additional Public Comments on the Avon Development Code (Ordinance No. 10 -14) ✓ Dominic Mauriello, Mauriello Planning Group, email dated 11/3/10 ✓ Linn Brooks, Eagle River Water & Sanitation District, letter dated 11/3/10 c. Public Hearing on 2011 Budgets (Scott Wright, Assistant Town Manager Finance) Receive public input on Town of Avon's budgets d. Community Heat Recovery Project Update on "Opening Celebration" (Justin Hildreth, Town Engineer) Review project completion and celebration dates / Verbal Update 5. CONSENT AGENDA a. Minutes from October 26, 2010 b. Micro Tech -Tel Agreement (Scott Wright, Assistant Town Manager Finance) Agreement for the main PRI T -1 circuit which is the line that carries all telephone numbers c. Fleet Services Agreements (Dan Higgins, Fleet Manager) Proposed fleet services agreements for the following agencies: Eagle River Fire Protection District, Beaver Creek. Metro District Buses, Eagle County Ambulance District, Eagle River Water & Sanitation District, Beaver Creek Metro Public Works, Ec0 Transit, Town of Minturn, Western Eagle County Ambulance District, Town of Redcliff, Vail Valley Foundation, Greater Eagle Fire Protection District, ECO Hazmat Team, and the Gypsum Fire Protection District for vehicle maintenance 6. ORDINANCES a. Public Hearing on Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel (Sally Vecchio, Asst Town Manager Community Development, Eric Heil, Town Attorney) Review proposed Development Code as adopted by the Planning & Zoning Commission Public Hearings held on July 27. 2010, August 10, 2010, August 17, 2010, August 24, 2010, August 31, 2010, September 28, 2010, October 12, 2010, October 26, 2010 Avon Council Meeting. 10. 11.09 Page 4 of 5 TOWN OF AVON, COLORADO 7411 AVON REGULAR MEETING FOR TUESDAY, NOVEMBER 9, 2010 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 6. ORDINANCES -CONTINUED b. Public Hearing on Ordinance No. 10 -19, Series of 2010, First Reading, Ordinance Approving Chateau St. Claire PUD Amendment (Matt Pielsticker, Planner II) Review proposed ordinance amending PUD to remove requirement that prohibits dogs on the property 7. TOWN MANAGER REPORT 8. TOWN ATTORNEY REPORT 9. MAYOR REPORT 10. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: NOVEMBER 23RD:Adopt 2011 Budget Resolutions, Swear in Newly Elected Council Members, Resolution Appointing Municipal Judge Avon Council Meeting. 10. 11.09 Page 5 of 5 Patty McKenny From: Andrew W. Kaufman [andy @minturnsaloon.com] Sent: Thursday, October 28, 2010 1:48 PM To: Larry Brooks; Jennifer Strehler Cc: Patty McKenny; Gary Padilla Subject: RE: Dangerous conditions on Metcalf and Wildridge Road Thank you all for your response and comments. I did have the opportunity to talk with Dave Dantas this morning and have a call to return to Rich Carroll. Personally I cannot think of a more important public safety issue for the town of Avon than conditions on the one and only road into Wildridge (except building a second access road even if only for emergencies). Andy Andrew Kaufman Owner - Minturn Saloon ph. 970 - 827 -5954 www.MinturnSaloon.com Named to "America's Best" list 2007 -2010 - Esquire Magazine "Best Ski Bar in Colorado" - Outside Magazine Finalist - "Business of the Year 2010" - Vail Valley Partnership "Best Margarita in the Rockies" - City Magazine Minturn Saloon now on Facebook. Follow us for all the updates! From: Larry Brooks [mailto:LBrooks @avon.org] Sent: Thursday, October 28, 2010 12:06 PM To: Jennifer Strehler; andy @minturnsaloon.com Cc: Patty McKenny; Gary Padilla Subject: RE: Dangerous conditions on Metcalf and Wildridge Road Looks good. We may want to consider a road hotline number which we can publicize? I am not sure how many people would know where to call, but with restricted work forces, the additional eyes out there may be helpful in responding to trouble spots rather than driving all over the kingdom. Think about it some please From: Jennifer Strehler Sent: Thursday, October 28, 2010 1:02 PM To: andy @minturnsaloon.com Cc: Larry Brooks; Patty McKenny; Gary Padilla Subject: RE: Dangerous conditions on Metcalf and Wildridge Road Hi Andy, it was good to talk with you this morning. While we discussed a number of things, I think the important points to re -cap are these: Public Works always appreciates calls from the community because that provides a lot of extra eyes on our road system. Please feel free to contact Public Works at 748 -4100 whenever you perceive a road - related problem. • Avon Public Works does try to get out and put cinders down on black ice. Unlike compact snow, cinders tend to bounce away off of ice, so they don't last as long on icy spots. • Trucks were out there yesterday morning from about 9:15am -11am putting down cinders in icy spots. You mentioned that you passed the truck just after you encountered the icy spot on Metcalf. • Safe speeds and snow tires are essential here in the mountains. It is good that you did get your snow tires installed yesterday after the icy morning; I think several people were in that boat. • We are in the process of adding a "Winter Driving Tips" section to the Public Works page of the Town web site at www.avon.org. Please take a look there when you get a chance. We will also try to put a press release in the newspaper. Thanks again for your time this morning and please feel free to contact me if you have any other questions. Jenny Jennifer L. Strehler, P.E., M.B.A. Director of Public Works and Transportation Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 TEL: 970.748.4100 FAX: 970.748.1958 www.avon.org From: Andrew W. Kaufman [ma i Ito: a ndy@minturnsaloon.com] Sent: Wednesday, October 27, 2010 9:07 PM To: Buz Reynolds; Brian Sipes; Dave Dantas; Ron Wolfe; Rich Carroll; kferarro @avon.org; Amy Phillips; Larry Brooks; Jennifer Strehler Subject: Dangerous conditions on Metcalf and Wildridge Road To all Council members, Town Manager, and Director of Public Works - I am beginning my 7th winter living in Wildridge and my 36th winter in the valley. I am not a stranger to winter driving conditions or with the drive in and out of Wildridge. This morning about 8:45am I got a call from my wife warning me of icy and slippery conditions on the road down into town. She said she experienced a van sliding toward her. When I drove out one hour later I too found road conditions very dangerous due to a thin film of ice in many locations on Wildridge and Metcalf roads. During my wife's phone call she suggested that I call the town in case Public Works was unaware of the icy conditions. I did so and am troubled by the information I received. I was informed that due to budget cutbacks new rules were in effect for snowplowing and road safety. I was told that plows would not be going out with less than one inch of snow on the roads. If one inch of snow was the problem that would be OK, but it was not. As anyone who has lived in the mountains for more than one winter understands, the combination of quickly changing temperatures, wind, sun or the lack thereof, and a dusting of snow or rain can create a thin film of ice that will cause extremely hazardous driving conditions. Plowing was not needed, but the laying down of cinders certainly was needed. A proactive approach is important instead of reacting after dangerous conditions have been created. It was just a few days ago that I was talking with a new resident in Wildridge. She had just moved here from the South with her young family and expressed her reservations about driving to her new home in Wildridge in the winter. I assured her that the town of Avon takes great care of the road into Wildridge and that she need not fear winter driving here. It would truly be a shame if the reputation for top notch care of the road into Wildridge changes and people start to spread word that it is dangerous to drive in and out of Wildridge. Bad reputations are quickly made and slowly turned around. This is a matter of true public safety. I know we have budget challenges but this road needs to be maintained no matter what the cost. Please find your budget cuts elsewhere. 2 This discussion of road safety on Metcalf and Wildridge road also brings to mind that unfortunate fact that there is only a single entrance egress for the Wildridge development. If there is a major accident or problem on the road what is the plan for emergencies? What happens if there is a wild fire that takes out the road? Can a new paved bike path be built that can also double as an emergency exit road? That sort of answer has been implemented in other places. We love living in Wildridge and take pride in Avon. Thank you for your consideration of this matter and look forward to hearing from you . Andy Kaufman 2877 O'Neal Spur Home - 949 -5288 Cell 390-9869 Andrew Kaufman Owner - Minturn Saloon ph. 970 - 827 -5954 www.MinturnSaloon.com Named to "America's Best" list 2007 -2010 - Esquire Magazine "Best Ski Bar in Colorado" - Outside Magazine Finalist - "Business of the Year 2010" - Vail Valley Partnership "Best Margarita in the Rockies" - City Magazine Minturn Saloon now on Facebook. Follow us for all the updates! Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Ass't Town Mgr /Community Development Date: November 2, 2010 Re: Additional Public Comments on The Avon Development Code The attached written comments on the Avon Development Code were received by the Town after the public hearing was closed. EAGLE RIVER WATER & SANITATION DISTRICT 4W UPPER EAGLE REGIONAL WATER AUTHORITY 846 Forest Road ♦ Vail, Colorado 81657 ♦ Phone (970) 476 -7480 ♦ FAX (970) 476 -4089 erwsd {a;erwsd.org www.erwsd.org November 3, 2010 Mr. Lang Brooks Town of Avon Manager P.O. Box 975 Avon, CO 81620 IV RE: Comments on Section 7.16.150 Location, Character and Extent and Chapter 7.401041 Regulations Dear Larry, Thank you for the opportunity to review the proposed Town of Avon Land Development Code and for meeting with me on this topic. This letter contains the written comments from the Eagle River Water & Sanitation District (District) and Upper Eagle Regional Water Authority (Authority), consistent with our discussions on July 28, August 18 and August 31, 2010. The District's and Authority's comments are as follows: Section 7.16.150: Location, Character and Extent 1. In section 7.16.150 (a) Applicability, it is not dear what would constitute a "minor" modification of an existing public facility. The District and Authority suggest that the definition of minor include the expansion of the exterior of an existing facility within its pre - application property boundary. Chapter 7.40: 1041 Regulations 1. In section 7.40.100, Areas and activities designated, the definition of a "major extension" of existing water and sewage treatment facilities is not dear. The District and Authority suggest that 1041 regulations apply to projects that require a State Site Application amendment. Any project that would result in an expansion of the permitted capacity of a plant, or would add or change treatment processes would require a State Site Application amendment, and, under this suggested definition, would be subject to 1041 regulations. Projects that consist of maintenance, repair, upgrade of technology or replacement of aged equipment, and operational changes within the plant that do not require a State Site Application amendment should not be subject to 1041 regulations. 2. It is the District's and Authority's legal opinion that the Town cannot deny a water or wastewater treatment facility project because it does not approve of the treatment process, if approved by the state, or impose discharge limitations different than those stated in the facility's state permit. I have attached the opinion of our legal counsel on this matter. F:k15w5Dk1admin nt General Manager\Letters\2010\Lany Brooks - Avon Development Code.doc EAGLE RIVER WATER & SANITATION DISTRICT UPPER EAGLE REGIONAL WATER AUTHORITY Mr. Larry Brooks November 3, 2010 3. We find it inconsistent that section 7.32.070 requires all new development to connect to UERWA and ERWSD (which we support), but the 1041 regulations impose significant financlal and submission requirements on the same facilities that serve the Town and your residents. The expansion of water and wastewater facilities, the implementation of new treatment technologies and the ability of the water and wastewater treatment providers to meet ever more - stringent water quality regulations benefit the environment and Town's ability to provide for growth within its boundaries and enjoy the associated economic and social benefits thereof. The costs of the 1041 process and fees will be passed on to our customers, including the residents of the Town who are served by proposed projects, as are all costs of our operations. In this matter, the Town benefits from the District's and Authority's projects and has control over the costs of the 1041 process to Town residents. We urge the Town to consider the most efficient process to address the Town's planning concerns, without imposing a significant burden on its residents and the water and wastewater systems that serve them. I suggest the following modifications to address these concerns: (a) Add a provision to section 7.40.210, Fees that "Either the Upper Eagle Regional Water Authority ( UERWA) or the Eagle River Water & Sanitation District ( ERWSD) may request a waiver of the fees provided herein for any application for a 1041 permit and the Town Council may grant such waiver." We request that the District and Authority should be specifically permitted to provide any financial guarantees (i.e. section 7.40.300) required by the Code by issuance of its own surety bond without a requirement for a corporate surety. These provisions will provide significant savings to residents who will pay for this planning process. (b) To address the efficiency of the 1041 process, we request that there be a provision for the waiver of the need for a 1041 process, such as a Finding of No Significant Impact (FONSI), or in cases where the Town determines the need for the 1041 process, that there exist the ability of the Town to waive specific submission requirements and approval criteria if the Town makes a determination that no significant planning benefit can result from the submission or evaluation of the criteria. Such determinations could be made by Town staff, subject to a "call up" period by the Town Council. (c) In order to ensure that the 1041 Permit approval process meets the goals stated in the code and is an efficient and successful process for both the Town and the District and Authority, I suggest that the submittal requirements (7.40.760) and the approval criteria (7.40.780) be closely aligned. Each approval criterion should be supported by submitted materials. In turn, each approval criterion should support the stated goals of the 1041 Regulations. 4. We are concerned about the possible conflict created by the language in section 7.40.780 ("The Town Council shall approve an application for a 1041 Permit for a Major Facility Project in the Town of Avon only if the proposed construction, expansion, or modification compiles with the Regulations, other applicable federal, state, and local guidelines and regulations, and meets III the following criteria for review:) and section 7.40.790 ("The Town Council ash it deny the permit if the EAGLE RIVER WATER & SANITATION DIsTRicT UPPER EAGLE REGIONAL WATER AUTHORITY Mr. Larry Brooks November 3, 2010 proposed construction, expansion, or modification of the Major Facility Project does not meet all of the criteria set out in §7.40.780 of this Article VIII."} We believe the Town Council should be granted the discretion it normally exercises in these matters and suggest that section 7.40.780 be revised to read, "The Town Council may approve an application for a 1041 Permit for a Major Facility Project in the Town of Avon if the proposed construction, expansion, or modification compiles with the Regulations, other applicable federal, state, and local guidelines and regulations, and the Town Council determines the application meets the following criteria for review:" I suggest that section 7.40.790 be deleted. Thank you for considering these proposed modifications to the draft Town code. Please do not hesitate to call me if you have any questions concerning these comments. Please circulate these comments to the members of the Town Council. Sincerely, • 'nn Broo Assistant General Manager Eagle River Water & Sanitation District Upper Eagle Regional Water Authority cc: Dennis Gelvin Eric Jorgenson Andy Strehler Todd Fessenden Chris Maines Bob Weaver Attachment Porzak Browning & Bushong LLP Attorneys -at - Law 929 Pearl Street, Suite 300 Boulder, CO 80302 303 443 -6800 Fax 303 443-6864 Vail Office: 953 S. Frontage Road W., Suite 202 Vail, CO 81657 970-676 -5295 Fax 970476 -5309 TO: Linn Brooks, Assistant Manager, Eagle River Water & Sanitation District FROM: Steve Bushong 4�fs DATE: August 5, 2010 RE: Town of Avon's Draft 1041 Regulations Per your request, I have reviewed the Town of Avon's draft 1041 regulations and prepared the following legal opinion on the appropriate scope of 1041 regulations as pertains to water quality and wastewater treatment. Executive Summary. The Town of Avon may adopt 1041 regulations that pertain to the site selection and construction of new domestic water and sewage treatment systems and major extensions thereof. Such regulations cannot, however, address the water quality matters governed by the federal Clean Water Act and Colorado Water Quality Control Act. Accordingly, 1041 regulations cannot modify such things as use classifications, water quality standards, effluent limitations, discharge permits, treatment technology, and reporting requirements as those matters are already addressed in detail by comprehensive federal and state water quality regulations. Leval Analysis. 1. 1041 Regulations. The Colorado Land Use Act grants local governments the authority to regulate the land use effects associated with "activities of state interest," which are commonly referred to as 1041 regulations. Activities of state interest include site selection and construction of new domestic water and sewage treatment systems and major extensions thereof. C.R.S. § 24.65.1- 203(1)(a). Such regulations must serve the express objectives set forth in the Land Use Act to be valid. City and County of Denver Bd of Water Commis v. Bd of County Commis of Grand County, 782 P.2d 753, 760 (Colo. 1989). For water and wastewater facilities, the relevant objectives include the proper utilization of existing facilities, the orderly development of facilities, the anticipated growth and development and whether the financial and environmental capacity of the area will sustain such growth and development. Id.; C.R.S. § 24 -65.1- 204(1). Wastewater treatment, point source discharges, and related water quality issues are not objectives of the Land Use Act. State statutes preempt 1041 regulations if (A) the statute does so expressly; (B) the implied legislative intent is to completely occupy the field; or (C) the local regulation would conflict with application of state statute. Bd. of County Commis v. Bowen/Edwards Assocs. Inc., 830 P.2d 1045, 1056 -57 (Colo. 1992); see also Bd of County Commis of Gunnison County v. BDS International, LLC, 159 P.3d 773 (Colo. App. 2006) (finding aspects of 1041 regulations preempted under this analysis). A "local government may not forbid that which the state has explicitly authorized." Johnson v. Jefferson County Bd. of Health, 662 P.2d 463, 471 (Colo. 1983). Nor may a local ordinance materially impede or destroy the state interest. Town of Carbondale v. GSS Properties, LLC, 169 P.3d 675, 680 (Colo. 2007). For example, local regulations that "impose technical conditions ... under circumstances where no such conditions are imposed under the state statutory or regulatory scheme" or impose conditions "contrary to those required by state law or regulation" are preempted by state law. Bowen/Edwards, 830 P.2d at 1060. 2. Clean Water Act Preemption Analysis. Under the Supremacy Clause of the U.S. Constitution, federal law preempts contrary state law. Such preemption is especially true where, as here, the federal Clean Water Act established "an all - encompassing program of water pollution regulation." Milwaukee v. Illinois, 451 U.S. 304, 318 (1981). In fact, even if "the ultimate goal of both federal and state law is to eliminate water pollution ... state law is preempted if it interferes with the methods by which the federal statute was designed to reach this goal." International Paper Co. v. Ouellette, 479 U.S. 481, 494 (1987). In discussing preemption of a nuisance lawsuit, the Supreme Court in Ouellette cautioned against upsetting the balance of public and private interests carefully addressed in the Clean Water Act's comprehensive regulatory framework, where discharge permits are issued "according to established effluent standards and water quality standards, that are in turn based upon available technology and competing public and industrial uses ... consider[ing] the impact of the discharges on the waterway, the types of effluents and the schedule for compliance, each of which may vary widely among sources." Id. at 494496. The Clean Water Act expressly allows the EPA to delegate certain responsibilities to individual states, but only if the state submits a detailed request for administering its own program and that program complies with the complex requirements of the Clean Water Act. 33. U.S.C. § 1342(b). Even then, however, the EPA retains authority to object to discharge permits or water quality standards implemented by the state. There exists no authority whatsoever to delegate any aspect of the Clean Water Act to cities. Colorado was delegated authority to implement the federal Clean Water Act, and does so through the Colorado Water Quality Control Act, C.R.S. § 25 -8 -102, et. seq., and the related regulations as discussed below. The Colorado Water Quality Control Act expressly designates the Water Quality Control Commission ( "Commission ") "as the state water pollution control agency for the state for all purposes of the federal act" and authorizes the Commission "to take all action necessary and appropriate to secure to this state [and] its municipalities ... the benefits of said [federal] act." C.R.S. § 25- 8- 202(6). The Commission is "solely responsible for the 40099 2 adoption of water quality standards and classifications for state waters," and the Water Quality Control Division is "solely responsible for the issuance and enforcement of permits authorizing point source discharges to surface waters of the state." C.R.S. §§ 25- 8-202(7)(a) and (b)(I) (emphasis added). While the Clean Water Act allows a state to adopt more stringent regulations than are contained in the federal Clean Water Act, in Colorado that requires the Commission to hold public hearings and make detailed findings in support of the more stringent requirements. C.R.S. § 25 -8- 202(8). In short, the Clean Water Act is the comprehensive regulatory scheme for point source discharges, effluent limits, wastewater treatment, reporting requirements, water quality standards for the receiving streams and related matters, and those requirements cannot and have not been delegated to individual cities or counties. Inconsistent regulations are clearly preempted. Accordingly, the Town of Avon is prohibited from imposing any separate requirements upon the District's point source discharges. 3. Avon's Draft 1041 Regmiations. Several provision of the draft Avon 1041 regulations may be facially invalid. For example, § 7.40.580(a)(7) of the regulations state that one of its purposes is to ensure "water pollution remain at acceptable levels," which is clearly regulated by water quality standards, discharge permits and other matters under the Clean Water Act. The regulations also impose new reporting requirements for compliance with existing water quality standards and further examination of water quality impacts and permit conditions than is required under the existing state and federal law. See, e.g. Sections 7 40.580 (1) and (q), and 7.40.660 (m) and (n). The validity of other more general provisions in the draft regulations may depend upon how they are applied. For example, in Mt Emmons Mining Co. v. Town of Crested Butte, 690 P.2d 231, 242 (Colo. 1984), the validity of general water quality provisions in a local ordinance depended upon how they would be applied, because in application, the Court reasoned the Town might properly limit the regulations to nonpoint land disturbances rather than apply them to point sources regulated under the Colorado Water Quality Control Act. 40098 Sally Vecchio From: Dominic Mauriello [dominic @mpgvail.com] Sent: Wednesday, November 03, 2010 10:06 AM To: Town Council Members Cc: Todd Goulding; Chris Evans; Matt Gennett; Sally Vecchio Subject: Revised Municipal Code Hi Everyone: I had a conversation yesterday with Brian Sipes about the employee housing requirement in the core area of Avon. While I am not necessarily convinced that it is a good idea to attach requirements to development in the one area of Town that you should be doing everything in your power to encourage development or redevelopment (i.e., you should do it in other places and not in the core), I understand the new proposal is to have the employee housing requirement based on the number of employees generated per the County's latest 2008 Nexus and Proportionality Study. I have been very critical of the methodology used in that study that uses employee generation number from 1990, 1999, 2001, and 2007, does not dig critically into the actual generation of employees, and uses data from 20 years ago that may no longer reflect current staffing levels for different types of commercial uses. I think you should have your requirements based on a local, Avon - based, analysis or allow developers to submit their own study in order to be accurate. I know one counter argument is that since you are only assessing at 10% then you don't need to be accurate. I think this is an absurd argument. A similar example would be you allowing a developer coming in today with economic or fiscal data based on appraisals or values per sq. ft. from 2007. You would never accept data that old when you know full well the economy has changed. So I my pitch is that you tie it to the best available data and allow for applicants to provide credible studies. Thanks again for allowing me to participate. Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 1127 5601A Wildridge Road Avon, Colorado 81620 970 - 376 -3318 cell www.mpgvail.com Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Initials Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager - Finance QL=-O-� Date: November 4, 2010 Re: Public Hearing on Budget Summary: A public hearing will be held on Tuesday in order to give the public an opportunity to make comments on the Town's 2010 proposed budget. The Town's budget has been on file with the Town Clerk and at the Avon public library and was reviewed at length during with the Town Council at the recent budget retreat held on October 12th. Material changes to the proposed 2011 budget subsequent to the budget retreat that will be incorporated into the final version for adoption on November 23rd include the following: • Incorporation of the 2010 Certificates of Participation that were recently marketed and will close on November 16th. The results of this issuance include a net reduction of debt service costs to the Town and bond proceeds in the amount of $3 million to be used towards the Swift Gulch transit facilities and improvement project. • Recognition of FTA State of Good Repair grant in the amount of $7.5 million in the Capital Projects Fund for the Swift Gulch project. Funding of the 2011 Birds of Prey World Cup event in the amount of $40,000 and a commitment of $50,000 per year for 5 years towards the 2015 World Alpine Ski Championships. The Town is requesting funding for the latter from the Holy Cross Community Enhancement Funds. Final budget adoption is anticipated to be November 23rd Page 1 Recommendation: There is no action necessary on behalf of the Town Council at this time other than to hear comments from the public. Town Manager Comments: • Page 2 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 26, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Pro Tern Sipes called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips and Brian Sipes. Ron Wolfe and Buz Reynolds was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town Engineer Justin Hildreth, as well as other staff members and the public. AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Mayor Pro Tern Sipes noted that there were no additions or changes to the agenda. The Town Attorney noted that there were no conflicts of interest. COMMUNITY INPUT ✓ Chris Green, Wildridge resident, commented on his experience in choosing and dealing with cable, telephone and internet purchases. It was noted that public input would be sought after in the near future due to the current cable franchise agreement negotiations. CONSENT AGENDA Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Carroll moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously (Reynolds and Wolfe absent). a. Minutes from September 28 and October 12, 2010 b. Community Heat Recovery Project Change Order 02 with GE Johnson Construction Company (Jeff Schneider, Project Engineer) NEW BUSINESS Bob Ticer, Police Chief, presented the Appeal Letter from AAA Boot Services (Nick Antuna) on the Revised Rules & Regulations Governing Parking Enforcement and Towing Companies established by the Avon Police Chief. Nick Antuna commented that the charges related to this requirement would require him to raise his rates; he did not see a need to check the backgrounds of his spotters and ticket writers. Councilor Ferraro moved to deny the appeal request of AAA Boot; Councilor Carroll seconded the motion and it passed unanimously (Reynolds; Wolfe absent). Jenny Strehler, Director PW &T, presented an update on the Swift Gulch Project and related grants with a review of the council packet memo. ORDINANCES Jenny Strehler, Director PW &T, presented Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance Adopting Local Designation of Noxious Weeds. It was noted that this item was continued from the last meeting. She presented a review of the proposed ordinance that allows for 30 day public notice period as well as amends the list to include several weeds designated by the State of Colorado for control or eradication. Mayor Pro Tern Sipes opened the Public Hearing and input was received from Michael Lindholm, Traer Creek RP, who made the following points: ■ that the charges for the public records request were too high • What does the "taking action" mean per the council memo paragraph 3 on page 2 • He walked and drove around town and noticed that there are many properties that are not in compliance with the weed ordinance Town Attorney Eric Heil reviewed the chain of events in drafting the ordinance, Councilor Phillips moved to approve Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance Adopting Local Designation of Noxious Weeds with the following additions to the language: ✓ WHEREAS, the Town Council adopted Ordinance No. 10 -06 An Ordinance Enacting Noxious Weed Controls on April 27, 2010; and ✓ WHEREAS, the Town Council conducted public hearing on this Ordinance on September 28, 2010; October 12, 2010; and October 26, 2010; and Councilor Ferraro seconded the motion and it passed unanimously (Reynolds, Wolfe absent). Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel. Discussion ensued on the following two topics: • mandatory housing mitigation with information related to the review of the employee generation formula. Discussion ensued on the topic with some suggested changes to the language proposed. • The purpose of the driveway standards in relationship to other services provided by public works and engineering along with a review of the existing guidelines and the new development code; it was noted that the new standard is actually less strict; and there is Mayor Pro Tern Sipes opened the Public Hearing and the following people commented: ✓ Chris Evans, resident, commented on the housing mitigation ✓ Todd Goulding, Chairman P &Z Commission, commented on the driveway standards and suggested giving some language that would allow public works director room to make the decision; topic should be further reviewed by P &Z Commission ✓ Chris Green, resident & P &Z member, reviewed his letter with the council Mayor Pro Tern Sipes asked about whether or not there were written comments made by Councilor Reynolds; none were submitted however, he did speak with Matt Gennett regarding the driveway standards. Town Attorney Eric Heil addressed the comments submitted by Chuck Madison, East West Partners, Mayor Pro Tern Sipes asked Councilor Dantas about what other concerns he might have and he noted his concerns still existed about housing. Further discussion ensued and a following motion was made: Councilor Dantas moved to table Ordinance No. 10 -14; there was not a second to the motion. It was agreed to take a break in order that the Town Attorney compile the suggested changes. Eric Heil then presented a draft of the proposed changes that were discussed throughout the evening. Need to discuss further price restriction and the 10% mitigation. Regular Council Meeting Page 2 of 3 10.10.26.doc Councilor Phillips moved to approve Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel with the thirteen changes submitted by the town attorney (see attached notes). Councilor Ferraro seconded the motion and it passed with a three to two vote ( Dantas — nay; Reynolds; Wolfe absent). Since there were not four votes in favor of the motion another motion was made by Councilor Ferraro to table Ordinance No. 10 -14, seconded by Councilor Carroll and approved unanimously. There being no further business to come before the Council, the regular meeting adjourned at 10 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 10.10.26.doc Revisions to Avon Development Code approved on Second Reading, October 26, 2010 Prepared by Eric Heil, Town Attorney 1. 7.20.100 Amend to add paragraph (4) to read as follows: "Employee housing mitigation shall be satisfied by providing one (1) residential studio unit, one (1) bedroom in a residential unit, or any combination thereof, for each required employee housing unit mitigation. The minimum size for a studio unit shall be 500 sq.ft. and the minimum size for a one (1) bedroom residential unit shall be 750 sq.ft." 2. Delete 7.16.060(b)(5) and re- enumerate. 3. Amend first sentence of 7.28.030(d)(9)(iii) "The driveway shall be oriented perpendicular (not to exceed 11 degree deflection)." 4. Revise the definition of Basement in Section 7.08 to read, "Basement means the definition of Basement as set forth in the most recent version of the International Building Code adopted by the Town." 5. Amend 7.28.050(h)(1)(iii) to read "All native landscaping shall be kept in its native state." 6. Delete 7.28.090(9). 7. Amend 7.28.090(c)(2)(v) to read `Buildings shall be oriented to optimize solar access." 8. Amend 7.28.090(d)(4) to delete the first sentence. 9. Amend 7.28.0900)(4)(vii)(D) to read, "The primary access to retail spaces on Benchmark Road, Main Street, and W. Beaver Creek Boulevard, shall from the sidewalk." 10. Amend 7.28.0900)(4)(vii)(H) to delete the second sentence. [All glass or all -metal doors are prohibited]. 11. Amend 7.28.0900)(4)(viii)(B) to read, "Masonry and stone veneer. Masonry and stone veneer wall should be detailed as masonry bearing walls, especially at corners and windows and door openings." 12. Amend 7.28.0900)(4)(viii)(H)(1) to read, "Openings shall be designed to contribute to the image and form of new buildings." 13. Amend second sentence of 7.28.0900)(4)(viii)(H)(3) to read, "Windows should reflect a rhythm, scale and proportion compatible with the overall building design." Memo To: Lary Brooks, Town Manager Thru: Scott Wright, Asst. Town Manager — Finance Thru: Eric Heil, Town Attorney From: Cindy Kershaw, IT Administrator Date: November 1, 2010 Re: Microtech -Tel PRI T -1 3 Year Contract Summary: Initials G' Our current PRI T -1 circuit delivers all inbound calls to the Town of Avon. The existing circuit is with Qwest and our 5 year agreement just expired a few months ago. Background: Qwest owns and maintains the current PRI T -1 circuit that we have. That circuit can be paid for on a month to month basis at the highest rate from Qwest, or we can sign a contract to keep the PRI T -1 circuit and get a lower monthly cost. The lowest cost term offered from Qwest is a 5 year contract on the circuit for a monthly cost of $ 425.00. Microtech -Tel is proposing to provide the town with a PRI T -1 circuit on a 3 year contract for a monthly cost of $ 389.00. Discussion: As quickly as technology and available options change, I am reluctant to sign a 5 year contract on the PRI T -1 circuit. There will no doubt be emerging technologies that we would lock ourselves out of using if we have the circuit on a 5 year agreement. We could do a 3 year contract with Qwest, but the monthly cost for that would be $580.00 per month. Financial Implications: Microtech -Tel PRI T -1 circuit — 3 year contract = $389.00 per month Qwest PRI T -1 circuit — 3 year contract = $580.00 per month Microtech -Tel saves $191.00 per month, $2,292.00 per year, $6,876 over the 3 year term Recommendation: Sign the three year agreement with Microtech -Tel for a new PRI T -1 circuit to save the town money over of the life of the contract as well as prevent us from being tied into a long term contract limiting our future options. Town Manager Comments: 5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 • Customer Service: 866 - 531 -6012 PRODUCT & SERVICES AGREEMENT This agreement ( "Agreement ") is made between ILOKA, Inc. dba Microtech -Tel on behalf of itself and its affiliates (collectively referred to herein as "Microtech -Tel), with offices at 5600 Greenwood Plaza Blvd, Suite 300, Greenwood Village, Colorado 80111 and "Customer" as identified below, and is effective as of the date this agreement is executed by Microtech -Tel (the "Effective Date "). This agreement consists of this signature page, the Terms and Conditions and Addenda attached hereto. This document is not to be considered an offer until executed by Microtech -Tel. The term of the contract shall not begin until Customers service is activated and billing commences. Microtech -Tel may cancel any negotiations herein in the event this Agreement is not executed by Customer and delivered to Microtech -Tel on or before December 31, 2010 (Effective Date). Service Address Information Billing Address Information Same as Service Address X Customer Business Name: Town of Avon Billing Business Name: Service Address: 1 Lake Street Billing Address: City: Avon Suite: State: Colorado City: Zip: 81620 State: Zip: Service Contact Name: Cindy Kershaw Phone Number: 970 -748 -4034 Billing Contact Name: Cindy Kershaw Service Fax Number: Billing Phone Number: 970 - 7484034 Service E -mail Address: ckershaw @avon.org Billing Fax Number: Billing E -mail Address: ckershaw @avon.org Federal EIN or SSN: Nonprofit YES X NO If yes, please provide tax exempt certificate Products Purchased/Pricing: Telecom Installation MTT Other Vendor X PRI T- 1$389.00/MO Data Installation MTT ❑ Other Vendor 10 Blocks of DID Numbers - $30.00/MO E -Mail Hosting Yes ❑ No X 9 NHN Numbers - $0.00/MO Website Hosting Yes ❑ No X 5 CALC Charges - $0.00/MO Long Distance Services Yes No X 29 Additional Listings - $145.00 Toll -Free Services Yes No X Total Monthly Payment: $564.00 Efax Service Qty Total Installation Charge: $0.00 Voice Mail Box Qty Term of Contract: 36 Months Additional IP Addresses Qty Sales Associate: Joe Young Iloka, Inc dba Microtech -tel PRODUCT & SERVICES AGREEMENT JW, C:: AM 7-A.=.!' 5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 • Customer Service: 866 - 531 -6012 Special Instructions: TERMS AND CONDITIONS 1. ENTIRE AGREEMENT. References in this Agreement to Microtech -tel (MTT) include any operating subsidiaries. The services or some portions thereof are subject to Federal and/or State tariffs and as such this Agreement incorporates by reference (as if fully stated herein) the terms, conditions and other provisions of such tariffs, price lists and similar documents (including limitation of liability provisions) as they may be amended from time to time. This Product Services Agreement and the required addenda and Schedules A, B, and C establish the terms and conditions upon which MTT agrees to provide the services to Customer. This Agreement sets forth the entire understanding between the parties and supersedes any prior or contemporaneous oral or written representations, offers or proposals made by MTT or its representatives. This Agreement also governs any additional services or changes Customer may order or request during the term of this Agreement. 2. CUSTOMER DEPOSIT: PROVISION AND BILLING OF SERVICE. At its sole discretion, MTT may at any time request a Customer Deposit prior to activation or during the provisioning of services. Such Customer Deposit will be refunded to Customer upon the expiration of this Agreement and settlement of all amounts due MTT. Services are generally billed on a monthly basis for a minimum period of one month. Usage charges and usage shortfall charges for services are billed in arrears. Most monthly recurring and non - recurring charges are billed in advance. Billed charges include applicable taxes and tax - related surcharges. By signing this agreement you are allowing Microtech -Tel to do a credit check on your company. 3. PAYMENT. Full payment of any invoice is due within 30 days of invoice date. A monthly late payment fee of 1.5% (or lower if required by law) may be assessed for amounts unpaid commencing 30 days after receipt of invoice. Customer shall provide MTT with written notice of any disputed charges appearing on the invoice. Customer agrees to pay all costs and expenses incurred by MTT in the collection of unpaid amounts, including without limitation, attorney fees and court costs, to the extent permitted by law. 4. PRICING DISCOUNTS. Any discounts on services are based upon the pricing set forth in the attached Service Schedules. 5. CUSTOMER SATISFACTION GUARANTEE. Subject to the conditions listed below, if MTT is in material breach of its obligations regarding network quality of sales and service support, MTT will upon the Customer's written request, terminate this Agreement without liability for the early termination fee and make reimbursement to Customer for any change -over charges (up to a maximum of $100) incurred by Customer in switching to MTT's service and in returning to Customer's previous carrier. The conditions associated with this guarantee are as follows: (1) MTT must receive written notice of the alleged material breach. (2) The problem must be attributable to facilities or causes within MTT's reasonable control. (3) MTT must be unable to cure the material breach to Customer's reasonable satisfaction within 15 days after receipt of the written notice. (4) Customer's account must be current (i.e., no balance older than 30 days). (5) The reimbursement for change -over charges only applies if MTT receives the written notice within the first 90 days of service. (6) MTT must receive a copy of the previous carrier's bill showing the change -over charges. Iloka, Inc dba Microtech-tel PRODUCT & SERVICES AGREEMENT ff A "+ 5600 Greenwood Plaza Blvd • Suite 300 •Greenwood Village, CO 80111 • Customer Service: 866- 531 -6012 6. CREDIT FOR INTERRUPTION OF SERVICE. No credit will be applied if the interruption is caused by (i) the negligence of the customer; (ii) the failure of facilities of equipment provided by customer or third party; (iii) MTT's inability to gain access to customer's equipment and facilities; or, (iv) customer's failure to release the service, when requested by MTT, to perform testing and maintenance, (v) circumstances beyond MTT control, including without limitation, natural disaster, civil disorder, Acts of God, war, sabotage, (vi) outages or service interruptions due to Customer premise failures, (vii) scheduled network maintenance, or (viii) emergency network maintenance. If MTT determines in its sole discretion that service was interrupted for the cumulative duration of one (1) hour during a calendar month, for each effected T -1 service, the Customer is eligible to receive one (1) day credit multiplied for each full cumulative hour for the month in which service interruption occurred. The total credits applied to Customer's account shall not exceed fifteen (15) days in a calendar month. For purposes of calculating service credits, one (1) day credit is equal to 1/30/33 of the monthly recurring charge (MRC) for the effected service. Customer understands that their accounts must not be delinquent and be in full compliance with the terms and conditions of this Agreement in order to receive service credits. 7. NETWORK PERFORMANCE. In the event Customer utilizes MTT provided T -1 services (dedicated, point -to -point or point -to- multipoint service connecting two (2) or more Customer designated MTT on -net locations) availability of service will be maintained at a minimum availability per month of 99.9% for an unprotected service and 99.95% for a protected service. Protected service shall be defined as a service that has network side electronics protection and a physical path which is diverse. Unprotected service is defined as service that has no electronics protection and is delivered on a linear path. Additionally, any service, which is routed through the Aggregation Node (ie point to multi point service) shall be considered Unprotected. (1) Mean Time to Restore (MTTR) - MTTR shall be defined as the average time required to restore service outages, except for those caused by a Force Majeure event, in a one -month period. MTT will use best efforts to ensure that MTTR does not exceed two (2) hours, excluding outages due to cable failures. (2) Cable Restoration - hi the event of a service interruption that is due to cable failure, MTT shall use best efforts to begin cable restoration within two (2) hours after the faulty cable is identified. The cable shall be restored and the interruption shall be eliminated no later than eight (8) hours after failure. 8. DEMARCATION POINT. The point of interconnection between the local exchange carrier's facilities and the wiring and equipment at Customer's premises. Customer is responsible for completing all telecommunications wiring, including any and all costs associated therewith, from the Demarcation Point to Customer's equipment. 9. RIGHT TO CANCEL ORDER. While reasonable efforts are made to provide Customer with the services ordered under this Agreement, there may be circumstances in which MTT may not be able to provide such services. Where MTT determines that it cannot provide to Customer efficiently or on the terms and conditions contemplated by this Agreement, MTT reserves the right to immediately cancel this Agreement without liability and without any further obligations. The customer may cancel this order before installation and/or cutover at a reduced cancellation fee of $1,500.00 per circuit. 10. TERMINATION. MTT may suspend or terminate services in accordance with its normal business practices without liability and without waiving any other legal or equitable rights it may have. MTT reserves the right to declare Customer in breach of this Agreement if Customer's account is not paid on a current basis, Customer's qualifying monthly service is less than the agreed minimum monthly revenue commitment, or Customer fails to meet any other obligation contained in this Agreement. If, after the Effective Date, this Agreement is terminated by MTT for Customer's breach or by Customer other than under the Customer Satisfaction Guarantee, Customer shall upon demand by MTT pay an early termination fee as defined below: (1) All unpaid non - recurring reasonable charges expended by the MTT to establish service to the Customer, including any installation charges which may have been waived by the MTT, provided the Customer has been notified of the waived charges and of the Customer's liability therefore on cancellation, plus; (2) Any disconnection, early cancellation or termination charges reasonably incurred and paid to a third party on behalf of Customer by MTT, plus; (3) Customer will be billed an amount equal to the difference between the amount paid by the Customer at the time of cancellation and 100% of the remainder of the contract term and 50% of any subsequent renewal years. (4) Customer may terminate this Agreement without liability before the expiration date of the term if the Customer signs a new agreement with MTT for an equal or greater minimum monthly recurring charge and term commitment. a. Upon termination of this Agreement for any reason, it is Customer's responsibility to switch to a new carrier. Customer shall be responsible for any and all outstanding charges owed to MTT at the effective date of termination, and Customer shall be liable for all charges incurred during the transition to a new carrier. 11. TERM AND RENEWAL OF TERM. This Agreement shall be effective when signed by an authorized MTT representative (the "Effective Date "). The term of this Agreement shall begin upon activation of service, and continue for the duration of the term as set forth in this Agreement. Upon expiration of the original term, the customer can either: 1. Renew the contract under the same price structure, terms and conditions or 2. Revert to the current month-to -month price structure which is 20% higher than the 36 month contract price Either party must provide the other party at least 30 days' advance written notice of its intent to terminate this Agreement after the initial term 12. RELIATONE 4 : Rental agreement; at the end of the stipulated contract expiration, MTT will refresh the hardware, software and provide any upgrade as deemed necessary by MTT. Hoka, Inc dba Microtech -tel PRODUCT & SERVICES AGREEMENT 5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 • Customer Service: 866 - 531 -6012 13. LIMTATION OF LIABILITY: NO SPECIAL DAMAGES; DISCLAIMER OF WARRANTIES. THE ENTIRE LIABILITY OF MTT AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS OR DAMAGES OF WHATEVER NATURE ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE PROVISION OF SERVICE (INCLUDING THE FAILURE TO PROVIDE SERVICE), INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, REPRESENTATIONS, ERRORS, OR OTHER DEFECTS, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR PURSUANT TO SOME OTHER THEORY (INCLUDING DECEPTIVE TRADE PRACTICE CLAIMS) AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN SHALL BE LIMITED TO THE LESSER OF (1) AMOUNTS PAID TO MTT UNDER THIS AGREEMENT, OR (II) REFUNDS IN AN AMOUNT EQUAL TO THE PROPORTIONAL MONTHLY CHARGES TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, OR DEFECT IN THE SERVICE, OR ANY OTHER EVENT OR ACTION GIVING RISE TO ANY CLAIM, OCCURS. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, COSTS OR ATTORNEYS' FEES ARISING IN WHOLE OR IN PART, FROM WARRANTIES, EXPRESS OR IMPLIED, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR ANY OTHER BASIS OF LIABILITY FOR MTT. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, OR EXPENSES, ARISING OUT OF USE OF THE SERVICES BY CUSTOMER, ITS USERS, OR ANY OTHER PERSON OR ENTITY USING THE ACCOUNT WITH OR WITHOUT CUSTOMER'S KNOWLEDGE OR CONSENT. SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND MTT LIMITS ITS LIABILITY IN SUCH JURISDICTION ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAW. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, MTT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, GOODWILL, OR COSTS TO COVER), WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF ITS EMPLOYEES OR AGENTS, AND REGARDLESS OF WHETHER MTT HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. MTT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. MTT IS NOT RESPONSIBLE FOR TERMINATION CHARGES OF OTHER CARRIERS. In selecting MTT's services, Customer understands that it is canceling the services provided by its existing service provider and that MTT's services and features may differ from the services currently provided by its existing service provider. Customer further acknowledges that it may be assessed termination or other charges by its existing service provider based upon the terms and conditions that apply to such services. Payment of such termination or other charges shall be the sole responsibility of Customer. 14. TELECOMMUNICATIONS FACILITIES. Services may, at MTT's sole option, be provided via telecommunications facilities owned by MTT, via telecommunications facilities leased from one or more other telecommunications carriers or via a combination of the forgoing, provided MTT's ability to provide such services is not materially impaired. Without limiting the generality of the foregoing, Customer authorizes MTT to convert services being provided solely through the facilities of one or more other carriers (i.e., resale services) to services being provided in whole or in part over MTT facilities (i.e., facilities -based services). 15. NETWORK MAINTENANCE. Planned network maintenance will be performed with no less than 7 calendar days notice given to customer prior to maintenance. Emergency network maintenance will be performed as necessary and MTT will use best efforts to notify customer where reasonable. 16. MODIFICATION. This Agreement shall not be amended, changed, or modified except in writing executed by a representative of Customer and two (2) MTT representatives (one of whom must be a MTT officer). 17. ASSIGNMENT. This Agreement shall be binding on Customer and Mictotech -Tel and their respective successors and assigns. This Agreement, however, is subject to immediate termination at the election of MTT in the event of any sale by Customer of all or substantially all of its assets or stock or any attempted assignment of this Agreement by Customer. 18. CONTRACTING ENTITY AND GOVERNING LAW. The legal entities bound by this Agreement shall be (a) MTT, (b) any local MTT local subsidiary where the services are being provided, or (c) a combination of the two. This Agreement shall be in all respects governed by and enforced in accordance with the laws of the state where the service are provided. Customer and MTT hereby agree that personal jurisdiction and venue for any action concerning this Agreement shall be in Denver, Colorado, and both parties consent to personal jurisdiction and venue in such location. 19. AUTHORITY TO EXECUTE. The person executing this Agreement on behalf of Customer represents that he or she is fully authorized to execute and deliver this Agreement on behalf of Customer. 20. NOTICES. All notice for the Customer Satisfaction Guarantee or termination of this Agreement must be sent to MTT's Customer Care Department at 5600 Greenwood Plaza Blvd, Ste 300 Greenwood Village CO, 80111. Attention: Contract Administrator. All notices to MTT shall be sent by certified mail, return receipt requested, or by email to customercare ta'Microtech- teLconm. 21. [ ] If Customer is also leasing telecommunications equipment from NEC Financial Services, then, by checking and initialing this paragraph, Customer acknowledges that the charges for TI services provided to Customer by MicroTech -Tel hereunder may be billed to Customer by NEC Financial Services together with its invoices to Customer for monthly rentals and other charges due under its lease(s) with Customer; and agrees that it will timely remit payment to NEC Financial Services for all TI charges it invoices to Customer. Customer acknowledges that charges for TI services are separate and apart from any sums it owes to NEC Financial Services for the lease of equipment and that NEC Financial Services will be billing and collecting such TI charges for Microtech -Tel. (initial here) 22. NETWORK RESPONSIBILTY Please note that the customer is responsible for the entire data network piece of any VOIP telephone system installation, including adequate bandwidth to support the Voice over IP traffic. Customer is also responsible for all network programming, network cabling, all network data equipment, including routers, switches and firewalls, etc. All routers and switches on the network must have Quality of Service (QOS) in order to give the voice traffic priority over the data traffic. Iloka, Inc dba Microtech-tel PRODUCT & SERVICES AGREEMENT ff C��' jqe J� 71� X. 5600 Greenwood Plaza Blvd • Suite 300 • Greenwood Village, CO 80111 • Customer Service: 866 - 531 -6012 Customer and Microtech -Tel understand and agree to the terms and conditions set forth in this Agreement: I _ _ , fully understand that it is the responsibility of Town of Avon, to insure that all voice and data services are disconnected with our previous service providers following acceptance of new Microtech -Tel services. ILOKA, INC. dba Microtech -Tel Signature: Customer: Town of Avon Signature: Print Name: Print Name: Title: Date: Title: Date: The prices quoted above do not include any applicable Federal, State, City or other local taxes applied to telecommunications services. Iloka, Inc dba Microtech -tel PRODUCT & SERVICES AGREEMENT MICROTECH-TEL 5600 Greenwood Plaza Blvd ♦ Ste 300 ♦ Greenwood Village, CO 80111 *:866-531-6012 LETTER OF AUTHORIZATION I do hereby certify that I have authority to, and hereby authorize Microtech -Tel to act on the behalf of Town of Avon located at 1 Lake Street in the city of Avon, state of CO, zip code 81620 in matters related to providing Local service and/or Long - Distance service for each telephone number listed on the attached service order, including, but not limited to: inquiry and analysis of customer records, the authority to place orders with the local exchange carrier ( "LEC "), and to change my primary interexchange carrier to Microtech -Tel. I hereby direct Qwest (current Local Service Provider) to make information pertinent to the telecommunication services for my company available to Microtech -Tel. I understand that Microtech -Tel will not process any orders on my behalf without obtaining my prior authorization. This Letter of Authorization and the attached Long Distance Service Order constitute a binding contract between Town of Avon and Microtech -Tel. I understand that only one interexchange carrier and, where available, one intraexchange carrier may be designated as the primary carrier for any one telephone number, and that any change to the primary carrier for a telephone number may involve a service fee, and I accept responsibility for these charges. I may revoke the Letter of Authorization by submitting such request for revocation in writing prior to service(s) activation. Service activation on the part of Microtech -Tel will constitute an executed contract. I further grant Microtech -Tel the right to perform any credit inquiries related to providing telecommunications service. Microtech -Tel reserves the right to decline any order for failure to meet minimum credit standards. I hereby revoke all prior letters of authorization previously granted to any other carrier, and revoke all prior preferred interexchange carrier restrictions on freezes I have placed in effect. I acknowledge that I have read, understand and agree with the rates as specified by Microtech -Tel authorized agents and outlined in the service order(s) section(s) of this agreement. Authorized Signature Company Name: _Town of Avon Date: Print Name: Title: Sales Rep: Joe Young Customer BTN or account number 970 -K49- 0327 -406; 970 - 949 - 4029 -078 For Internal Use Only — Verbal Approvals Third Party Verification Company: VoiceLog 1- 800 - 420 -2936 Third Party Verification Confirmation # (The above information is a recorded LOA. Sales representative must have the number before the order can be forwarded to credit department to initiate processing. Voice files can be reproduced) Confidential MICROTECH -TEL 5600 Greenwood Plaza Blvd ♦ Ste 300 ♦ Greenwood Village, CO 80111 ♦ 866- 531 -6012 NON - APPROPRIATIONS ADDENDUM This is an addendum to the Agreement between Town of Avon ( "CUSTOMER ") and Microtech -Tel ( "MTT "), collectively referred to as the ( "Parties "), for telecommunications services , executed by CUSTOMER on the Underlying Agreement. PURPOSE: This Addendum is to supplement the Underlying Agreement for the contracted Service(s) as follows: CUSTOMER will continue this Agreement for the entire term and will satisfy any obligations hereunder. FUTHERMORE, CUSTOMER agrees to each of the following: 1) To include in its budget request appropriations sufficient to cover its obligations under this agreement; 2) To use all reasonable and lawful means to secure the appropriations; 3) It will not use non - appropriations as a means of terminating this agreement in order to acquire functionally equivalent products or services from a third party. CUSTOMER reasonably believes that sufficient funds to discharge its obligations can and will lawfully be appropriated and made available for this purpose. In the event that CUSTOMER is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this addendum and has no other funding source lawfully available to it for such purpose, CUSTOMER may terminate this Agreement by giving MTT not less than thirty (30) days prior written notice. Upon termination and to the extent of lawfully available funds, CUSTOMER shall remit all amounts due and all costs reasonably incurred by MTT through the date of termination. 2. Except as modified herein, terms and conditions of the Agreement shall remain in full force and effect. The Parties hereby execute and authorize this addendum as of the latest date shown below: Town of Avon Authorized Signature Name (Typed or Printed) Title Microtech -Tel Authorized Signature Name (Typed or Printed) Title Date Date Confidential Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Department Head From: Dan Higgins, Fleet Manager DH' Date: 11/03/2010 Re: 2011 Third Party Maintenance Agreements Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached are 13 one -year service agreements for 2011 between the Town and the Eagle River Fire Protection District, B.C. Metro District Buses, Eagle County Ambulance District, Eagle River Water & Sanitation District, B.C. Metro Public Works, Eco Transit, Town of Minturn, Western Eagle County Ambulance District, Town of Redcliff, Vail Valley Foundation, Greater Eagle Fire Protection District, ECO Hazmat Team, and the Gypsum Fire Protection District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $108.00 /hour for light duty vehicles and $115.00 /hour for heavy vehicles and equipment routine and preventive maintenance as well as repair and replacement. In the first nine months of 2010 the Town billed all 3�d parties a total of $628,139.00 or 5,982 hours for labor. Recommendation: Staff recommends approval of the one -year service agreements Town Manager Comments: VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Eagle River Water & Sanitation District whose address is 846 Forest Road, Vail Colorado, 81657 (hereafter know as "ERW &SD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of ERW &SD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ERW &SD vehicles and equipment. Service will be performed on approximately 97 vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in ERW &SD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 110 without the approval of Contractor. Routine Maintenance will be performed at least every 4,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ERW &SD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless ERW &SD has approved of such charges. Services may be commenced with verbal approval by ERW &SD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ERW &SD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ERW &SD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile charge on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10`h of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by ERW &SD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 9 plus ten percent (10 %). Contractor's vehicle washing facility may be used by ERW &SD subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ERW &SD to its employees. Contractor shall provide ERW &SD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ERW &SD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 9 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this reement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of ERW &SD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this _day of , 2010. Eagle River Water & Sanitation District EXECUTED this 2010. TOWN OF AVON 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 9 day of , w EXHIBIT A WORK FREQUENCY RATE "A" PM 3,000 miles or $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 4, 2010 EQUIPMENT MASTER LIST BY SERIAL NUMBER EQUIPMENT EQ DESCRIPTION SERIAL NUMBER CLASS WGEN3 2000 GEN GEN 060597378933 DOWD JU Heavy WPUMPI 2003 Pioneer 6" PUMP 1 Heavy 7W 1999 MQ,KOMATSU PORT 1338419 (GENERATOR) Heavy GEN WGEN2 2000 GEN GEN 1338420 AVON WW ODOR Heavy 605W 1999 BROCK 6" PUMP 1B9CPO811WB276150 Heavy 60OW 1986 HMD 2W 6" PUMP 1D44293C0 Heavy 330W 1999 FORD FLUSHER4X4 1FDAF57F7XEA46122 Light 205W 2002 FORD UTILITY 1FDSF31S42EC96716 Light 145W 1993 FORD L9000 1FDYU90X2PVA00440 Heavy 150W 1995 FORD L9000 1FDYU90X7SVA75806 Heavy 265W 1991 FORD DUMP TRUCK 1FDYW82A1MVA21708 Heavy 270W 1990 FORD L8000 DUMP 1FDYW82A9LVA37900 Heavy 170W 2006 FORD ESCAPE HYB 1FMY96HX6KD37017 Light 31OW 1997 CHEVROLET 1GBGK24R6VZ254252 Light UTILITY4X4 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 9 5 315W 1997 CHEVROLET 1GBGK24R7VZ254387 Light UTILITY4X4 85w 2009 CHEVROLET lgbhk29k28el76841 Light 2500HD 90w 2008 CHEVROLET K2500 1GBHK29K68E177202 Light HD 80W 2008 CHEVROLET K2500 1GBHK29K98E176559 Light HD 105W 2002 CHEVROLET 1GBJK34182E159491 Light UTILITY 255W 2009 CHEVROLET 1GCDT19E098144241 Light Colorado 50w 2008 CHEVROLET 1GCDT19E188183547 Light Colorado 290W 2009 CHEVROLET 1GCDT19E198144250 Light Colorado 65W 2007 CHEVROLET 1GCDT19E278242314 Light Colorado 240W 2009 CHEVROLET 1GCDT19E498144503 Light Colorado 275W 2009 CHEVROLET 1GCDT19E598144591 Light Colorado 305W 2009 CHEVROLET 1GCDT19E898143970 Light Colorado 35W 2003 CHEVROLET 1GCEK14TO3Z288886 Light PICKUP 165W 2009 CHEVROLET 1500 1GCEK19039Z183380 Light 15W 2005 CHEVROLET 1500 1GCEK19Z05Z252891 Light 180w 1995 CHEVROLET 1GCFK24K2SZ282068 Light UTILITY 70W 2008 CHEVROLET 1GCDT19E288183928 Light Colorado 130w 1995 CHEVROLET 1GCFK24K7SZ281918 Light UTILITY 250W 1994 CHEVROLET 1GCFK24K8RE230185 Light 3 /4UTILITY 155W 2008 CHEVROLET 1GCHK24K98E208039 Light 2500HD 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 5 of 9 280W 2003 CHEVROLET 1GCHK24U43E264156 Light 360W UT. PLOW4X4 1GDGK24UXYE335066 Light 340W 2003 CHEVROLET 1GCHK24U43E266117 Light 140w UTILITY4X4 1GDHK39G86E267313 Light 175w 2008 CHEVROLET 1GCHK29K48E210483 Light 2500HD 235w 2008 CHEVROLET lgchk29k58e212467 Light 2500HD 180w 2008 CHEVROLET 1GCHK29K88E210292 Light 285w 2500HD 1GDHK39G96E267806 Light 120W 2003 CHEVROLET 1GCHK29U43E268068 Light UTILITY 200W 2009 CHEVROLET 1GCHK44K79F138774 Light 360W 2500HD 1GDGK24UXYE335066 Light 320W 2009 CHEVROLET 1GCHK49K19E135755 Light 140w UTILITY4X4 1GDHK39G86E267313 Light 210W 2009 CHEVROLET 1GCHK49KX9E135592 Light UTILITY 320W 1999 CHEVROLET 1GCK24U5XE241910 Light UTILITY4X4 295W 1996 GMC 3 /4UTIL4X4 1GDGK24R1TZ530955 Light 285w 2006 GMC UT.PLOW4X4 1GDHK39G96E267806 Light 35OW 2000 GMC 3 /4UTIL4X4 1GDGK24UlYZ292004 Light 360W 2000 GMC 3 /4UTIL4X4 1GDGK24UXYE335066 Light 300w 2006 GMC K2500 1GDHK29G86E249341 Light 140w 2006 GMC K3500 1GDHK39G86E267313 Light 45W 2008 CHEVROLET 1GNDT13S482209132 Light Trailblazer 40W 1999 CHEVROLET S -10 1GNDT13W2XK200768 Light BLAZE 260W 2001 GMC TV VAN 4X4 1GTHG39G61162064 Light 395w 2007 GMC 2500HD 1GTHK23U26F266102 Light 2011 Town of Avon 'Vehicle and Equipment Maintenance Contract Page 6 of 9 7 400W 2009 INTERNATIO Work 1HSWYSIT9A3240660 Heavy Star 215w 2008 INTERNATIO Work 1HTWXAHTX9J116052 Heavy Star 410W 1999 ONAN GENERATOR 1S9AP1127XC241267 Heavy 415W 1999 ONAN GENERATOR 1S9HP1422XC241266 Heavy 125W 1999 STERLING DUMP 2FZNEWDB7YAF21809 Heavy TRUCK 135W 1999 STERLING DUMP 2FZNNWDB4XAF06621 Heavy TRUCK 610W 2000 TRVL -VAC VLV BOX 30000136 Light CL 401W 1999 MULTI -QUIP 4AG6U2034XCO28313 Heavy GENERATOR 405W 1999 MULTI -QUIP 4AG6U2036XCO28314 Heavy GENERATOR 55W 2001 TOYOTA CAMRY 4T1BF22KllU127136 Light 5W 2010 TOYOTA CAMRY 4T1BK3EK5BU613799 Light 20W 2000 TOYOTA CAMRY 4T1BF22K3YU105455 Light 25W 2001 TOYOTA CAMRY 4T1BF22K6IU967820 Light low 2005 TOYOTA CAMRY 4T1BF30K95U097673 Light 60W 2004 TOYOTA CAMRY 4T1BF32K94U073403 Light 75W 2003 TOYOTA CAMRY 4T1BF32KX3U045544 Light 30w 2008 TOYOTA CAMRY 4T1BK46K18U560368 Light 120W 2009 TOYOTA CAMRY 4T1BK46K69U596588 Light 185W 2009 TOYOTA CAMRY 4T1BK46K49U097014 Light 220W 2000 TOYOTA TRUCK 4TAPM62N3YZ662933 Light 4X4 110W 2001 TOYOTA PICKUP 5TEPM62NO1Z816352 Light 115W 2002 TOYOTA PICKUP 5TEPM62N12Z069796 Light 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 7 of 9 i� 195W 2003 TOYOTA PICKUP STEPM621\113Z253511 Light 190W 2003 TOYOTA PICKUP 5TEPM62N53Z250935 Light 225W 2003 TOYOTA TRUCK 5TEPM62N73Z251746 Light 4X4 95W 2008 TOYOTA TRUCK 5TEPX42N88Z565716 Light 4X4 100w 2008 TOYOTA Tacoma 5TEPX42NX8Z556936 Light 130W 2008 TOYOTA Tacoma 5TEUX42N48Z581866 Light 230W 2003 TOYOTA TRUCK 5TEWM72N63Z242148 Light 4X4 245W 2003 TOYOTA TRUCK 5TEWM72NX3Z243416 Light 4X4 WGEN4 2000 GEN GEN 602610 EDWARDS WWP Heavy WGEN1 2000 GEN GEN 86B79 AVON WW PLANT Heavy 611W 1999 TRVL -VAC VLV BOX 99 -111 Light CL 8W 1999 ONAN /CUM NS PORT D990898877 Heavy GEN 9W 1999 ONAN /CUMNS PORT D990899518 Heavy GEN WGEN6 2000 GEN GEN D990901995 AVON DRIN Heavy 430W 1990 JOHN DEERE 624E DW624ED530950 Heavy 425W 1998 JOHN DEERE 624H DW624HX565220 Heavy WGEN7 2000 GEN GEN E020369566 EDWARDS D Heavy 160W 2007 TOYOTA CAMRY JTNBK46K273004865 Light 450W 2000 JOHN DEERE FIELD KV0260A261613 Heavy OPS 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 8 of 9 D WGEN5 2000 GEN GEN 435W 1997 JOHN DEERE 8875 420W 2000 TOYOTA Fork Lift 440W 2007 JOHN DEERE 710J 445W 1993 JENZ SHREDDER LD -95351 VAIL WWP Heavy M08875X030602 Heavy N/A Heavy T0710IX147089 Heavy V174934 Heavy 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 9 of 9 VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Eagle River Fire Protection District whose address is P.O. Box 7980, Avon Colorado, 81620 (hereafter know as "ERFPD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of ERFPD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ERFPD vehicles and equipment. Service will be performed on approximately 33 vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in ERFPD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ERFPD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless ERFPD has approved of such charges. Services may be commenced with verbal approval by ERFPD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. REFPD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ERFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char fe on all road service calls outside of Town of Avon limits. Invoice shall be issued by the lot of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by ERFPD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 5 Contractor's vehicle washing facility may be used by ERFPD subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ERFPD to its employees. Contractor shall provide ERFPD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ERFPD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 5 lZ 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise'by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of ERFPD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of , 2010. Eagle River Fire Protection District C EXECUTED this 2010. TOWN OF AVON LISM 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 5 day of , /3 WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection FREQUENCY 3,000 miles or 250 hours every 12months EXHIBIT A RATE $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 4. 2010 VIN Year Manufacturer Equipment 2000 Unit Code Quantum 1988 Pierce Dash Type i Pierce I it Quantum 4P1 U I U269YA00093b 4P1CT02SOYA000936 1P9CT01D2JA040331 4P1CT02S61AO01708 1 GNGK26K2PJ367152 1 GNDT13WXWK224749 1FDAX57F82EC50563 1FV6TMDB6XHA41448 1 GBHK33F1 WFO62189 1 GNEK13Z73J319076 1 GCHK29U33E308690 4P1CT02HX3A003274 16HPB1424WU011442 2CNDL23F456099517 4P5T8222X81121016 4P1 CDO1 H76AO05812 1 GNFK13037R223541 1 GCHK39D07E176757 1FDAX57P87EB47966 1 GNFK130X7J401864 4P1CD01H97A007515 4P1CD01H07A007516 1G1ZJ57B28F195948 3GNGK26KO8G215700 1 GNFK130X8R204020 1 GNFK130X8R202218 2000 Pierce Pumper Quantum 2000 Pierce Suburban Quantum 1988 Pierce Dash 2001 Pierce Tender Quantum 1993 Chevrolet 1998 Chevrolet 2002 Ford F550 1998 Pierce 1998 Chevrolet 2003 Chevrolet 2003 Chevrolet 2003 Pierce Tahoe Quantum 1998 Haulmark 2005 Chevrolet 2008 PJ 2006 Pierce Dash 2007 Chevrolet 2007 Chevrolet 2007 Ford F550 2007 Chevrolet 2007 Pierce Dash 2007 Pierce Dash 2008 Chevrolet 2008 Chevrolet 2008 Chevrolet 2008 Chevrolet Pumper 110 H Pumper 111 H Pumper 112 H Pumper 119 H Suburban 121 L Blazer 123 L Wildland pumper 124 L Tender 125 H K3500 127 L Tahoe 128 L K2500 Pick up 129 L Pumper 131 H Trailer 131T L Equinox 132 L Flat bed Trailer 132T L Pumper 133 H Tahoe 134 L K3500 Pick up 135 L Wildland pumper 136 L Tahoe 137 L Pumper 138 H Pumper 139 H Malibu 140 L Suburban 141 L Tahoe 142 L Tahoe 143 L 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 5 2CNDL63F286280384 2008 Chevrolet Equinox 144 L 1GCHK29608E176691 2008 Chevrolet K2500 Pick up 145 L 4P1 CU01 HX8AO08545 2008 Pierce Aerial 146 H Quantum 1 HTWEAZR89136549 2007 International Wildland pumper 147 H E -2693 1985 Pierce Dash Pumper 1512 H 1HTSEAANlVH402101 1996 International Rescue 1520 H 1 FMDU34XOPUA46280 1993 Ford Explorer 1720 L Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 5 of 5 /5 VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Eagle County Ambulance District whose address is P.O. Box 990, Edwards, Colorado (hereafter know as "ECAD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of ECAD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ECAD vehicles and equipment. Service will be performed on approximately 12 vehicles listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in ECAD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ECAD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless ECAD has approved of such charges. Services may be commenced with verbal approval by ECAD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ECAD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ECAD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10t of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by ECAD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 4 1� Contractor's vehicle washing facility may be used by ECAD subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ECAD to its employees. Contractor shall provide ECAD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ECAD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. S. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 17 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of ECAD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of , 2010. Eagle County Ambulance District IIn EXECUTED this 2010. TOWN OF AVON 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 4 day of , /e WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection FREQUENCY 3,000 miles or 250 hours every 12months EXHIBIT A RATE $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 4, 2010 VIN Year Manufacturer Equipment Type 780 L Unit Code Ford E350 Ambulance 781 L 1 FDWE35P27DB07679 2007 Ford E350 Ambulance 1 F-UWE31- N9AUA152154 2U1 U I-Ord E35U Ambulance 780 L 1 FDWE35P15HA12813 2004 Ford E350 Ambulance 781 L 1 FDWE35P27DB07679 2007 Ford E350 Ambulance 782 L 1 FDWE35P77DB00744 2007 Ford E350 Ambulance 783 L 1 FDWE35P27DA96425 2007 Ford E350 Ambulance 784 L 1 FDWE35F53HA60870 2003 Ford E350 Ambulance 785 L 1 FDWE35P06HA92445 2005 Ford E350 Ambulance 786 L 1 FDWE35P19DA71499 2009 Ford E350 Ambulance 787 L 1 FMFU16597LA79101 2007 Ford Expedition 776 L 1 FMEU73876UB19732 2006 Ford Explorer 777 L 1FMPU16LXlLA86925 2001 Ford Expedition 778 L 1 FMEU73879UA07551 2009 Ford Explorer 779 L Code indicates H — heavy duty (e.g., large buses) or L — light duty— (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 l7 VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Gypsum Fire Protection District whose address is P.O. Box 243, Gypsum Colorado, 81637 (hereafter know as "GFPD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of GFPD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the GFPD vehicles and equipment. Service will be performed on approximately 2 vehicles listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in GFPD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by GFPD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless GFPD has approved of such charges. Services may be commenced with verbal approval by GFPD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. GFPD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, GFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char Ee on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10t of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by GFPD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 4 Contractor's vehicle washing facility may be used by GFPD subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by GFPD to its employees. Contractor shall provide GFPD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of GFPD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of GFPD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of , 2010. Gypsum Fire Protection District EXECUTED this 2010. TOWN OF AVON LOW 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 4 day of , 2?2 EXHIBIT A WORK FREQUENCY RATE "A" PM 3,000 miles or $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010 VIN Manufacturer Equipment Type Unit Code 1 AFAAGCK27RX24383 American Rescue 1424 H LaFrance 1 FVXTMDBXVH82O74O Freightliner Aerial 1431 H Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 4Z VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Eagle County Regional Transportation Authority whose address is 500 Broadway, P.O. Box 850 Eagle, CO 81631 -0850 (hereafter know as "ECO") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of ECO to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of ECO vehicles and equipment. Service will be performed on any of the vehicles listed in Exhibit A. While the number of vehicles serviced may be increased or decreased in ECO's sole discretion provided that the combined number of vehicles and equipment shall not exceed 30 without the approval of Contractor. Routine Maintenance is that which is performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ECO ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless ECO has approved of such charges. Services may be commenced with verbal approval by ECO of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ECO acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ECO will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10`h of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by ECO. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). Contractor's vehicle washing facility may be used by ECO subject to such wash rates as Contractor shall establish and may amend from time to time. 2011 Town of Avon 'Vehicle Maintenance Contract Page 1 of 4 ZM-1 4. Terms and Termination: This Agreement will be effective as of November 1, 2010 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ECO to its employees. Contractor shall provide ECO an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ECO, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 2011 Town of Avon Vehicle Maintenance Contract Page 2 of 4 2s- 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of ECO. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of EXECUTED this day of , 2010. 2010. Eagle County Regional Transportation TOWN OF AVON Authority By: 2011 Town of Avon Vehicle Maintenance Contract Page 3 of 4 L WORK "A" PM Preventive Maintenance Inspection "Annual" FREQUENCY 3,000 miles or 250 hours every 12months EXHIBIT A Preventive Maintenance Inspection NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 5, 2010: RATE $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet VIN Pass Manuf/Type Owner Unit # Code 15GCD211OW1089053 43 Gillig Phantom ECO 852 H 15GCD2114W1089054 43 Gillig Phantom ECO 853 H 15GCD2116W1089055 43 Gillig Phantom ECO 854 H 15GCD2115W1089516 43 Gillig Phantom ECO 855 H 15GCD2117X1089518 43 Gillig Phantom ECO 857 H 15GCD211 X11111667 43 Gillig Phantom ECO 861 H 15GCD211X11111678 43 Gillig Phantom ECO 862 H 15GCD211031112289 43 Gillig Phantom ECO 863 H 15GCD211X41112043 43 Gillig Phantom ECO 864 H 15GCD211551112100 43 Gillig Phantom ECO 865 H 15GCD211751112101 43 Gillig Phantom ECO 866 H 15GGD211061077548 37 Gillig BRT ECO 867 H 15GGD211061077549 37 Gillig BRT ECO 868 H 15GGD211971078103 37 Gilllig BRT ECO 871 H 15GGD211071078104 37 Giffig BRT ECO 872 H 15GGD211271078105 37 Gillig BRT ECO 873 H 15GGD211471078106 37 Gillig BRT ECO 874 H 15GGD211671078107 37 Gillig BRT ECO 875 H 1G13E5V1927F426429 20 Chevy 5500 ECO 452 L 1GBE5V1987F426483 20 Chevy 5500 ECO 453 L 1GBE5V1997F426508 20 Chevy 5500 ECO 454 L 15GGD211481078857 37 Gillig BRT ECO 876 H 15GGD211681078858 37 Gillig BRT ECO 877 H 15GGD211781078859 37 Gillig BRT ECO 878 H 15GGD211381078860 37 Gillig BRT ECO 879 H 15GGD211491177009 37 Gillig BRT ECO 880 H 15GGD211091177010 37 Gillig BRT ECO 881 H 15GGD211291177011 37 Gillig BRT ECO 882 H 1 GB9G5A68A1 105503 6 Chevy Arboc ECO 455 L Delivery 11/2010 37 Gillig BRT ECO 883 H Delivery 11/2010 37 Gillig BRT ECO 884 H Code indicates H — heavy duty (e.g., large buses) or L — light duty— (e.g., foreman vehicles, small cut - aways). Pass - passenger count. END EXHIBIT A 2011 Town of Avon Vehicle Maintenance Contract Page 4 of 4 27 VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of BCMD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the BCMD Public Works vehicles and equipment. Service will be performed on approximately 24 vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in BCMD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless BCMD has approved of such charges. Services may be commenced with verbal approval by BCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 5 DWI Contractor's vehicle washing facility may be used by BCMD subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by BCMD to its employees. Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of BCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 5 24 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of BCMD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of EXECUTED this day of , 2010. 2010. Beaver Creek Metropolitan District TOWN OF AVON 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 5 So EXHIBIT A WORK FREQUENCY RATE "A" PM 3,000 miles or $108.00 hr. Light 101BC $115.00 hr. Heavy Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010. EQUIPMENT EQ DESCRIPTION SERIAL NUMBER CLASS 101BC 2010 Ford F350 Pick up 1FTRF3BT7BEA75301 Light 102BC Peterbilt 386 w /plow 1NP- H49X- 8- BD122336 Heavy 901BC Peterbilt 367 dump truck 1NPTM00X7AD105040 Heavy 7802BC 1999 BANDIT 250XP CHIP 014526 Light 7708BC 2007 Sullivan Compressor 1 Light 7755BC 2000 Bear Cat Crack Sealer 1 Light 802BC 1999 BANDIT CHIPPER 1 Light 502BC 2005 FORD F350 1FDSF35P95EC37607 Light 501BC 2005 FORD F350 1FTWF31P35EC29014 Light 7703BC 2002 FRGHTLINER FLD112SD 1FVAAEA832PJ64697 Heavy 601BC 1999 TRAILMAX GTD -20 -7 1G9KS3323XA065372 Heavy 7602BC 2005 GMC T7500 1GDM7F1325F533377 Heavy 798BC 1999INTERNATIO 5000 4X4 1HTTNAHT6XJ001969 Heavy 603BC 2010 TOYOTA Sequoia 5TDBT48AX5S248099 Light 785BC 1999 CAT 938G 6WS01037 Heavy 737BC 1990 CAT 140G BLADE 72V13202 Heavy 7801bc 1998 BROCE SWEEPER 89007 Heavy 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 5 783BC 1990 FAIR MFG 742SI 796BC 2005 CAT 287B 804BC 2007 JOHN DEERE 6243 803BC 2007 KAWASAKI MULE 7601BC 2006 JOHN DEERE 310 SG HOE 606BC 2004 MERCEDES UNIMOG 605BC 2007 MERCEDES UNIMOG C78FMID7489 Heavy CAT0287BPZSA01846 Heavy DW624JZ614010 Heavy JKIAFDB137B514174 Light T0310SG956058 Heavy W D6DE4CS744204863 Heavy WD7DE4CS664211379 Heavy 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 5 of 5 0 VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between ict whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of BCMD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the BCMD vehicles and equipment. Service will be performed on approximately 23 transit buses listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in BCMD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless BCMD has approved of such charges. Services may be commenced with verbal approval by BCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). Contractor's vehicle washing facility may be used by BCMD subject to such wash rates as Contractor shall establish and may amend from time to time. 2011 Town of Avon Vehicle Maintenance Contract Page I of 4 33 4. Terms and Termination: This Agreement will be effective as of October 1, 2010 and will terminate on September 30, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by BCMD to its employees. Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of BCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such 2011 Town of Avon Vehicle Maintenance Contract Page 2 of 4 agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of BCMD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of , 2010. Beaver Creek Metropolitan District 2011 Town of Avon Vehicle Maintenance Contract Page 3 of 4 EXECUTED this 2010. TOWN OF AVON day of , 35_ WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection FREQUENCY 3,000 miles or 250 hours every 12months RATE $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of September 13, 2010 VIN Pax I Manufacturer I Equipment Type Owner Unit 1 N93623476A140297 50 Optima Heavy Bus Beaver Creek 997 1 N93623456A140296 50 Optima Heavy Bus Beaver Creek 996 1Z9B5BSS54W216252 51 Optima Heavy Bus Beaver Creek 852 1Z9B5BSS34W216251 51 Optima Heavy Bus Beaver Creek 851 15GCD2018T1087501 60 Gillig Heavy Bus Beaver Creek 848 15GCD201XT1087497 60 Gillig Heavy Bus Beaver Creek 844 15GGD271291177582 70 Gillig Heavy Bus Beaver Creek 082 15GGD271491177583 70 Gillig Heavy Bus Beaver Creek 083 15GCD2010T1087492 60 Gillig Heavy Bus Beaver Creek 839 1 GBJ5V1 GX7F419693 35 Star Craft Heavy bod on chass Beaver Creek 793 1GBJ5V1G27F419462 35 Star Craft Heavy bod on chass Beaver Creek 762 1Z9B7DTS16W216160 50 Optima Heavy Bus Beaver Creek 760 1Z9B7DTS56W216159 50 Optima Heavy Bus Beaver Creek 759 1Z9B6DTS05W216149 50 Optima Heavy Bus Beaver Creek 649 1Z9B6DTS95W216148 50 Optima Heavy Bus Beaver Creek 648 1Z9B6DTS75W216147 50 Optima Heavy Bus Beaver Creek 647 1Z9B6DTS55W216146 50 Optima Heavy Bus Beaver Creek 646 1 GBJ5V1 EX5F502164 34 Terra Transit Heavy bod on chass Beaver Creek 564 1 GBJ5V1 E75F502655 34 Terra Transit Heavy bod on chass Beaver Creek 555 1 GBJ5V1 E15F502344 34 Terra Transit Heavy bod on chass Beaver Creek 544 15GGD271X81079690 70 Gillig Heavy Bus Beaver Creek 960 15GGD271181079691 70 Gillig Heavy Bus Beaver Creek 961 2011 Town of Avon Vehicle Maintenance Contract Page 4 of 4 a VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Town of Minturn whose address is P.O. Box 309, Minturn Colorado, 81645 (hereafter know as "TOM ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of TOM to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the TOM vehicles and equipment. Service will be performed on approximately 12 vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in TOM's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by TOM ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless TOM has approved of such charges. Services may be commenced with verbal approval by TOM of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. TOM acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, TOM will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by TOM. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 4 3-7 Contractor's vehicle washing facility may be used by TOM subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting parry, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by TOM to its employees. Contractor shall provide TOM an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of TOM, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 W 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of TOM. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this 2010. Town Of Minturn day of , EXECUTED this 2010. TOWN OF AVON 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 4 day of , 39 EXHIBIT A WORK FREQUENCY RATE "A" PM 3,000 miles or $108.00 hr. Light Manufacturer $115.00 hr. Heavy Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $108.00 hr. Light 1D7HW28N565657232 $115.00 hr. Heavy Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010 F350 VIN Year Manufacturer Equipment Type 4M L Unit Code Dodge Dakota 7M L 1D7HW28N565657232 2006 Dodge 2500 1B4HS28NXYF255768 2000 Dodge Durango 4M L 1D3HW28P67S190021 2007 Dodge Dakota 7M L 1D7HW28N565657232 2006 Dodge 2500 6M L 1FTSX31PX4EC60013 2004 Ford F350 8M L 1FTWF33PX4EC60014 2004 Ford F350 5M L 1GNEf16M556166328 2005 Chevrolet Trailblazer 1M L 1HTZPJ3ROFHA21661 1985 International Dump truck 10M H 1XKAD69XONS 1992 Kenworth Dump truck 144 H M 2GiWF55K329241147 2002 Cheverolet Impala 3M L 2GiWF55K919255116 2001 Chevrolet Impala 2M L 6FN00280 2004 Cat IT38F Loader 9M H JJG0249826 2000 Case 580L Backhoe 11M H Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 SERVICE AGREEMENT This agreement is made and entered into this day of , 2009 by and between Western Eagle County Ambulance District whose address is P.O. Box 1809, Eagle, Colorado (hereafter know as "WECAD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of WECAD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the WECAD vehicles and equipment. Service will be performed on approximately 6 vehicles listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in WECAD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 20 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by WECAD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless WECAD has approved of such charges. Services may be commenced with verbal approval by WECAD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. WECAD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, WECAD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10`h of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by WECAD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by WECAD. Contact TOA for current wash rates. 4-/ 4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will terminate on December 31, 2010 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by WECAD to its employees. Contractor shall provide WECAD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of WECAD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 4-2 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of WECAD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. EXECUTED this day of 32009. Western Eagle County Ambulance District LIM EXECUTED this day of 12009. TOWN OF AVON LM �3 WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250 hours every 12months RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 5, 2009. EQUIPMENT EQ DESCRIPTION SERIAL NUMBER CLASS 803AW 2003 FORD E450 1FDXE45F43HA19141 AMB 802AW 2003 FORD E450 1FDXE45F63HA19142 AMB 804AW 2003 FORD E450 1FDXE45F73HA60864 AMB 801AW 2008 FORD E450 1FDXE45P78DA77008 AMB 800AW 1999 FORD EXPEDITION 1FMPU18L1XLB40408 L4U 812AW 2004 FORD EXPLORER 1FMZU72K84ZB05532 L4U 808AW 2008 CHEVROLET 2500HD 1GCHK39628E210748 H4P 805AW 2007 CHEVROLET TAHOE 1GNFK13027J346200 L4U 810AW 2007 CHEVROLET TAHOE 1GNFK13027J346200 L4U (4,4— VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Vail Valley Foundation whose address is P.O. Box 309, Vail, Colorado 81658 (hereafter know as ( "VVF ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of VVF to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the VVF vehicles and equipment. Service will be performed on approximately 2 vehicles listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in VVF's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by VVF ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless VVF has approved of such charges. Services may be commenced with verbal approval by VVF of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. VVF acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, VVF will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by VVF. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 4 li.S` Contractor's vehicle washing facility may be used by VVF subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by VVF to its employees. Contractor shall provide VVF an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of VVF, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 01rb 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of VVF. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of EXECUTED this day of , 2010. 2010. Vail Valley Foundation TOWN OF AVON 2011 Town of Avon 'Vehicle and Equipment Maintenance Contract Page 3 of 4 47 EXHIBIT A WORK FREQUENCY RATE "A" PM 3,000 miles or $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010 VIN Year Manufacturer Equipment Type Owner Unit I codi-] 1FDXE4552YHB82732 1UU1 cord t45U 1 FDEX45S7YHB82726 2000 Ford E450 Magic Bus Magic Bus Youth Foundation Youth Foundation MB1 L MB2 L Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 1+1 VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Town of Redcliff whose address is P.O. Box 40, Redcliff, Colorado, 81649 (hereafter know as "TOR ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of TOR to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the TOR vehicles and equipment. Service will be performed on approximately 3 vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in TOR's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by TOR ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless TOR has approved of such charges. Services may be commenced with verbal approval by TOR of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. TOR acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, TOR will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by TOR. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 4 r1 Contractor's vehicle washing facility may be used by TOR subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by TOR to its employees. Contractor shall provide TOR an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of TOR, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 15® 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of TOR. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this 2010. Town Of Redcliff day of EXECUTED this 2010. TOWN OF AVON 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 4 day of , S/ WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY RATE 3,000 miles or $108.00 hr. Light $115.00 hr. Heavy 250 hours Plus parts & sublet every 12months $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010 VIN Year Manufacturer Equipment Type Owner Unit Code 1U(-UKI4KU 14Z1Lb'Jti -I yyb Chevrolet K25UU Fick up 1HTSDAARXSH242964 1995 International Dump Truck DW544EB534519 1995 John Deere 544E Loader 45R L 1R H 2R H Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 52, VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Greater Eagle Fire Protection District whose address is P.O. Box 961, Eagle Colorado, 81631 (hereafter know as "GEFPD ")and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of GEFPD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the GEFPD vehicles and equipment. Service will be performed on approximately 6 vehicles listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in GEFPD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by GEFPD ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless GEFPD has approved of such charges. Services may be commenced with verbal approval by GEFPD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. GEFPD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, GEFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char e on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by GEFPD. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon 'Vehicle and Equipment Maintenance Contract Page 1 of 4 M Contractor's vehicle washing facility may be used by GEFPD subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by GEFPD to its employees. Contractor shall provide GEFPD an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of GEFPD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 '5 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of GEFPD. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of , 2010. Greater Eagle Fire Protection District EXECUTED this 2010. TOWN OF AVON 2011 Town of Avon 'Vehicle and Equipment Maintenance Contract Page 3 of 4 day of , 7S WORK "A" PM Preventive Maintenance Inspection EXHIBIT A FREQUENCY RATE 3,000 miles or $108.00 hr. Light $115.00 hr. Heavy 250 hours Plus parts & sublet "Annual" every 12months $108.00 hr. Light $115.00 hr. Heavy Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010 VIN Year Manufacturer Equipment Type Unit Code 2003 Ford F450 914 L 4P1CT02SOXA000015 1999 IrUArS/t- MAtdJb1b 199ts cord F55U 912 L 1FDXX47S44EB12880 2003 Ford F450 914 L 4P1CT02SOXA000015 1999 Pierce Dash Aerial 935 H 4P1CT02U9TA000122 1995 Pierce Saber Pumper 915 H 4P1CT02U9WA000187 1997 Pierce Saber Pumper 924 H U90WVGH1479 1979 Ford L9000 Tender 920 H Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 4'11. VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT This agreement is made and entered into this day of , 2010 by and between Eagle County Hazmat Team whose address is P.O. Box 1388, Avon Colorado, 81620 (hereafter know as "ECHT") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor "). In consideration of the obligation of ECHT to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide the following services (collectively the "Services "): (a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ECHT vehicles and equipment. Service will be performed on approximately 2 vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may be increased or decreased in ECHT's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ECHT ( "Repair and Replacement "). No payment for any Repair and Replacement shall be due unless ECHT has approved of such charges. Services may be commenced with verbal approval by ECHT of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ECHT acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ECHT will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and Replacement. This unit rate shall be $108.00 per hour for light duty vehicles and equipment and $115 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus fifteen percent (15 %). There will be a $2.50 per mile char Ee on all road service calls outside of Town of Avon limits. Invoice shall be issued by the 10` of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by ECHT. The cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent (10 %). 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 1 of 4 41 Contractor's vehicle washing facility may be used by ECHT subject to such wash rates as Contractor shall establish and may amend from time to time. 4. Terms and Termination: This Agreement will be effective as of January 1, 2011 and will terminate on December 31, 2011 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the non - defaulting party may terminate this Agreement by providing seven (7) days written notice to that the defaulting party, unless the defaulting party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause by providing thirty (30) days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ECHT to its employees. Contractor shall provide ECHT an original of its Form W -9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ECHT, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 2 of 4 L�� 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. 12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties agree that the Contractor shall not be liable for any indirect or consequential damages which may arise from any breach of this Service Agreement by Contractor or which may arise by the Contractor's breach of warranty. 13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, or agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of ECHT. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi- fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. EXECUTED this day of , 2010. Eagle County Hazmat Team LOW EXECUTED this 2010. TOWN OF AVON 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 3 of 4 day of , Lll WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection FREQUENCY 3,000 miles or 250 hours every 12months EXHIBIT A RATE $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet $108.00 hr. Light $115.00 hr. Heavy Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 3, 2010 VIN Year Manufacturer Equipment Type Unit Code 1FDWX47P75EC98558 2005 Ford F450 16HGB20224U035361 2003 Haulmark Trailer 1HM L HMRT1 L Code indicates H — heavy duty (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, small cut - aways). END EXHIBIT A 2011 Town of Avon Vehicle and Equipment Maintenance Contract Page 4 of 4 5() HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: November 4, 2010 SUBJECT: 2nd and Final Reading of Ord. No. 10 -14 Adopting the Avon Development Code Summary: Town Council provided direction on a number of revisions to the Avon Development Code at the last Town Council meeting. The revisions are been re- printed in comparison form to the code sections which they are amending for your convenience. The Avon Town Council closed the public hearing on October 26, 2010 and did not take any action to continue the public hearing to the November 9, 2010 Town Council meeting. Therefore, if the Town Council desired to consider and accept more public comments, technically the Town should re- notice a public hearing before the Town Council. Proposed Motion: "I move to approve Ordinance No. 10 -14 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL on second and final reading with the revisions listed in Eric Heil's memorandum dated November 4, 2010." Revisions: The proposed revisions are attached to this memorandum as Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code. Thanks, Eric Heil Law 8 Planning, uC Eric Heil, E :q- A.i.C.P. 2696 S. Colorado Blvd., Suite 550 Tel: 303.975.6120 Denver, CO 80222 ericheillaw@gmail.com Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code Page 1 of 5 Section 7.08 (Page 23) Basement means mer-e then fotff (4) feet abeve the pfe existing gfade. These afeas beneath a baseme shall be the definition of Basement as set forth in the most recent version of the International Building Code adopted by the Town. Section 7.16.060 (Page 61 -62) (a) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply for PUD approval. (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5)Uftified Control. The entire area of Ow pr-opesed development shall be und responsibility for- eampleting the efltiFa Projeet. This PFOAsie" shall not pfehibit e T (6)IfLPublic Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (7-)J�LPreservation of Site Features. Long -term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (- 8)JZLSufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code Page 2 of 5 adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Section 7.20.100 (Page 96 -97) 7.20.010 Employee Housing Mitigation. (a) When applicable, employee housing mitigation shall be provided in accordance with these standards: (1) To determine the number of employee housing units that must be provided, the following formula shall be used: Commercial Factor Calculation Size of Development Leasable Square Feet Jobs generated 2.8 per 1,000 SF Rate x SF /1,000 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1.8 employees per unit Employees generated / 1.8 Units required o 10% mitigation Households generated x 10% Lodging and Property Management Size of development # of Rooms or # of Units Jobs generated Lodge/Hotel — 0.8/Room; Prop. Management — 0.4/Unit # of rooms x 0.8 # of units x 0.4 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1.8 employees per unit Employees generated / 1.8 Units required 10% mitigation Households generated x 10% Note: The required employee housing mitigation shall be rounded to the nearest whole number Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code Page 3 of 5 (2) Employee housing units shall be located on -site. The applicant may propose alternatives to on -site employee housing mitigation in accordance with the alternative equivalent compliance process set forth in §7.16.120. When considering proposals for off -site employee housing, preference shall be given to locations closer to the applicant's property, locations in the Town of Avon, and locations which are served by mass transit. (3) Employee housing units shall be owned by the owner of the commercial space for which the employee housing units serve and shall be used exclusively by employees of such commercial space; or, employee housing units shall be offered for sale subject to a deed restriction that restricts the appreciation of price and which restricts eligible buyers and renters in accordance with the form of price controlled housing deed restriction adopted by the Town of Avon. Applicants may voluntarily propose to meet the employee housing units with rent controlled units through the alternative equivalent compliance process. (4)__ Employee housing mitigation shall be satisfied by providing one (1) residential studio unit, one (1) bedroom in a residential unit or any combination thereof, for each required employee housing unit of mitigation. The minimum size for a studio unit shall be five hundred (500) square feet and the minimum size for a one (1 bedroom residential unit shall be seven hundred and fifty (750) s uare feet. Section 7.28.030(d)(9)(iii) (Page 130) (iii) The driveway shall be oriented perpendicular (not to exceed an 1l degee deflection) to the roadway for the first twenty (20) feet measured from the edge of asphalt of the adjoining street. The driveway shall be oriented between forty-five (45) and one - hundred and thirty-five (135) degrees crossing through any remaining ROW and snow storage easement. Centerline tangent points shall be used for determining access orientation on curves. Section 7.28.050(h)(1)(iii) (Page 142) (iii) All native landscaping, dead of „ shall be kept in its native state Section 7.28.090(a)(9) (Page 150) (8) To ensure that the architectural design of structures and their materials and colors are compatible with the Town's overall appearance, surrounding development, natural and existing landforms, and the officially approved development plans, if any, for the areas in which the structures are proposed to be located.: Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code Page 4 of 5 Section 7.28.090(c)(2)(v) (Page 151) (v) Buildings shall be oriented to optimize solar accesequitable s and e*po . Section 7.28.090(d)(4) (Page 153) (4) Materials and Colors. The Gee t bWldifigs and th minimized. A building's color and materials shall complement and blend with the predominant colors and values of the surrounding natural environment. Section 7.28.090(j)(4)(vii)(D) (Page 163) (D) The primary access to Urceti retail spaces on Benchmark Road, Main Street, and W. Beaver Creek Boulevard, shall be aee y from the sidewalk, Fathef than thFough lobbies of othef intemaj spaees. Section 7.28.0900)(4)(vii)(H) (Page 163) (I) Public doors and entryways shall be a combination of glass and metal or wood, or solid wood. All glass OF all flietal do @Fs a ,.hibifed Section 7.28.090(j)(4)(viii)(B) (Page 164) (B) Masonry and stone veneer. Masonry and stone veneer walls should be detailed as masonry bearing walls, especially at corners and windows and door openings. Bnp G and eut scene should be !aid in tF e be"ding Patteffi. Meftaf joints should be StFwAle.—S-4ton-ea eellemen4s shall be used- on the base of lwger- ba4ldings, tip the wails, er- ift elements sueh a-, ehimney mer-e foFmal uses of stene. ia lafge wails, stone shal! be set with lar-gef stone ;# tho hAttofn gFeAually diminishing to smallef stones at the top. Section 7.28.090(j)(4)(ix)(H)(1) Wind pemngs shall be epeeifieelly designed to contribute to the image and form of new buildings. Section 7.28.090(j)(4)(ix)(I)(3) Appendix A to Eric Heil Memorandum, dated November 4, 2010 Revisions to Avon Development Code Page 5 of 5 (3) Upper floors shall be differentiated through the use of more solid areas then voids and with smaller vertically oriented windows in a regular pattern. Windows should of , tw faea es sib, , � ,�_ �,,bhO ghtS Of ... ,.. ,n,. * .AAt reflect a rhythm, scale and proportion compatible with the overall building design. TOWN OF AVON, COLORADO ORDINANCE NO. 10-14 SERIES OF 2010 AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE BY ENACTING TITLE 7: THE AVON DEVELOPMENT CODE; REPEALING TITLE 16: SUBDIVISIONS; REPEALING TITLE 17: ZONING; AND, REPEALING PORTIONS OF TITLE 2: ADMINISTRATION AND PERSONNEL WHEREAS, the authority for the Town of Avon ( "Town ") to adopt regulations concerning the use, subdivision and development of real property is provided by Article XX of the Colorado Constitution and the Town of Avon home rule charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972, and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation — Consolidation — Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances — Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning, and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulation; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Planning and Zoning Commission held public hearings on June 1, 2010; June 15, 2010; and July 6, 2010 and after considering all public comments received and testimony and materials provided by Town Staff provided a recommendation to the Town Council on July 6, 2010 to adopt the Avon Development Code and provided a supplemental recommendation on July 20, 2010 to repeal Sections 17.12.040(b) and 17.28.090 of the Avon Municipal Code; and WHEREAS, in accordance with the requirements of Title 17: Zoning of the Avon Municipal Code and after providing proper notice, the Avon Town Council held public hearings on July 27, 2010; August 10, 2010; August 17, 2010; August 24, 2010; August 31, 2010; September 28, 2010; October 12, 2010; and October 26, 2010, and considered all public comments received and all testimony and materials provided by Town Staff prior to making a decision; and WHEREAS, the Town Council finds that the adoption of the Avon Development Code will implement the Avon Comprehensive Plan, including all related plans and amendments thereto, and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 1 of 4 a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed. The following portions of the Avon Municipal Code are hereby repealed in their entirety: Chapter 2.16 Planning and Zoning Commission; Chapter 2.20 Board of Building Appeals; Title 16: Subdivisions and Title 17: Zoning. Section 3. Enacted. Title 7: Avon Development Code, attached to this Ordinance as Exhibit A is hereby enacted. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 2 of 4 Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 3 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 26, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 12, 2010. Brian Sipes, Mayor Pro -Tem Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on November 9, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -14 Adopting Avon Development Code 11 -09 -10 ejh Page 4 of 4 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst Town Manager, Com Dever From: Matt Pielsticker, Planner II Date: November 3'd, 2010 Re: Ordinance No. 10 -19, Series of 2010 Amending the Chateau St Claire PUD To Remove the Requirement Prohibiting Dogs on the Property. Summary: The contract owner (CCS -Land, LLC) of the property known as The Gates, has submitted an application to amend the Chateau St. Claire Planned Unit Development (the "PUD ") to remove the requirement that prohibits dogs on the property. Following a public hearing on October 19, 2010, the Planning and Zoning Commission ( "PZC ") made a unanimous recommendation for approval of the proposed amendment, with the following findings: 1. The property is not located in important wildlife habitat. 2. The complete prohibition of dogs on the property was not the intended outcome of the Wildlife Biologist's April 1, 1996 wildlife assessment letter. 3. Enforcement of Title 8: Animals, Avon Municipal Code, will adequately address "strict dog control" measures. 4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with this amendment" Background: As a condition of a 1998 amendment to the PUD, the Town Council prohibited dogs on the property. The condition appears to have been added in response to an interpretation of the1996 Wildlife Study that was prepared for the property by Western Ecosystems (See Exhibit B). Specifically, the study recommended that "strict dog control measures" be implemented on the property. The Colorado Department of Wildlife concurred with the recommendations of the Wildlife Study. In order to clarify the conclusions and recommendations from the Wildlife Study, Biologist, Richard W. Thompson of Western Ecosystems, Inc. provided the Town with a letter dated August 19, 2010, clarifying that a "dog prohibition" was not the intention of his 1996 assessment. The letter goes on to state that dog control measures that prohibit dogs from running at large on the property would be sufficient control so that owners of the property could have dogs without threatening wildlife in the surrounding area. The Town's policies with regard to dog control are governed by Title 6 of the Avon Muncipal Code: Animals. Pursuant to these regulations, it is the responsibility of dog owners to keep their pet under control, and to prevent their animal from: 1) Running at large; 2) Becoming a danger to persons or property; 3) Trespassing on the property of another; or 4) Becoming a public nuisance. It is declared to be a public nuisance when a dog owner fails to pick up after his or her dog, or fails to prevent his or her dog from disturbing the peace by barking, yelping, etc. A dog is considered "Running at Large" when it enters the property of another person or when it enters public property and is not under the control of the owner, either by leash, cable or chain not more than ten (10) feet in length (Section 6.04.020). In addition, Section 6.04.140,Threatening of Wildlife and Livestock, states: "it is unlawful to allow a dog to run after, chase, pursue, bite, snap at, worry, attack or otherwise threaten wildlife or livestock, or both. In the event any dog is found to be threatening wildlife, said dog may immediately be destroyed at the discretion of any police officer or the Community Services Officer." The provision goes on to state that the pet may alternatively be impounded, and the owner will be convicted of a violation and required to pay restitution after a mandatory court appearance. Discussion: If this proposed amendment to the PUD is approved, dogs will be permitted on the property in accordance with the Town's animal control regulations described above. Recommendation: Finding that a dog prohibition was not the intention of the 1996 Wildlife Study, and that the Town's rules and regulations concerning the control of dogs on public and private property are sufficient to address the recommendations of the Wildlife Study, Staff recommends that the Council approve Ordinance 10 -19, approving the proposed amendment to the Chateau St. Claire PUD to allow dogs on the property. Town Manager Comments: Exhibits: A: Ordinance 10 -19 B: Wildlife Letters • Page 2 November e, 2010 Town Council Meeting Exhibit A TOWN OF AVON, COLORADO ORDINANCE 10 -19 SERIES of 2010 AN ORDINANCE APPROVING AN AMENDMENT TO THE CHATEAU ST. CLAIRE PLANNED UNITED DEVELOPMENT, CHATEAU ST CLAIRE SUBDIVISION, REMOVING THE REQUIREMENT PROHIBITING DOGS ON THE PROPERTY WHEREAS, the Town of Avon approved a Planned Unit Development ( "PUD ") Amendment, by Ordinance No. 98 -6, Amending the Chateau St. Claire PUD Development Plan and Development Standards for Lots 1 and 2, Chateau St. Claire Subdivision; WHEREAS, in response to a Wildlife Study performed by Western Ecosystems, Inc, dated April 1, 1996, a condition of approval of Ordinance 98 -6 states that "Dogs shall not be permitted on the property "; WHEREAS, Brian Wilson, on behalf of CCS -Land, LLC with the permission of the property owner, Timothy Burton of CSC Land, LLC, has applied for a PUD Amendment to remove the requirement prohibiting dogs on the property, pursuant to Section 17.20.110 of the Avon Municipal Code; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on October 19, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings and make a recommendation of approval to the Town Council; WHEREAS, the Town Council of the Town of Avon held a public hearing on November 23rd, 2010, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Chateau St. Claire PUD amendment application; WHEREAS, pursuant to Title 17.20.110(h) of the AMC, the Town Council has considered the applicable review criteria; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law and the AMC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: Ord No. 10 -19 SECTION 1. AMENDMENT TO CHATEAU ST. CLAIRE PUD. The Chateau St. Claire PUD, Chateau St. Claire Subdivision, is hereby amended to remove the requirement prohibiting dogs on the property. SECTION 2. FINDINGS OF FACT. The Town Council makes the following findings of fact with respect to this PUD Amendment application: 1. The property is not located in important wildlife habitat. 2. The complete prohibition of dogs on the property was not the intended outcome of the Wildlife Biologist's April 1, 1996 wildlife assessment letter. 3. Enforcement of Title 6: Animals, Avon Municipal Code, will adequately address "strict dog control" measures. 4. The PUD Review Criteria (Section 17.20.110 AMC) have been considered with this amendment SECTION 3. CORRECTION OF ERRORS. Town Staff is authorized to correct any typographical, grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 7. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a Page 2 of 3 Ord No. 10-19 statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED: the 9th day of November, 2010, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 23`d day of November, 2010, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 23`d day of November, 2010. Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 3 of 3 Ord No. 10 -19 ISUM & ASSOC. EMCC 3033286266 Exhibit B 04 -01 -96 06:34FM FROM WESTUN ECOSYSTEMS Western Ecosystems, Sna Ecological consultants 90$ 1'1)est C ach 04 ;BOUIJer, (30 80302 (303) 442- 6144 April 1, 1996 Mr. Steve Isom Isom & Associates P.O. Box 9 Eagle, CO 81631 Re: Wildlife assessment of the Chateau St. Claire development. Dear Steve! A proposal has been submitted to the Town of Avon (Town) to redevelop the Avon School Tract and an adjacent tract to the west. The former tract contains a home converted into an office used by approximately six people. The adjacent tract contains two single family residences and several non - inhabited wooden structures. The proposed Chateau St. Claire development would consist of a restaurant and commercial space. Such a proposal requires approval from the Town. Wildlife arc a resource o € high public concern and redevelopment, such as that proposed, roust cousider potential impacts to wildlife and their habitats. Addressed below, at you request, is a wildlife assessment for the proposed redevelopment site. lTt � y�iTi� Current Colorado ?division of wildlife (,.•^DOW) Wildlife Resource Information System (WRIS) maps were used to identity major wildlife issues on and surrounding the subject property. A site survey was conducted on March 29, 1994 to evaluate habitats on and surrounding the Avon School site, which was being rezoned. The survey also inoluded the entire portion of subject parcel that would be disturbed by redevelopment. Mr. Bill Andree (CDOW District Wildlife Manager) was coaitaeted during the school site rezoning procoss to obtain the State's concerns associated with the rezoning proposal. This assessment was based on the above and systematic photographs of the development area taken during the 1994 survey. ISOM & ASSOC. EMCC 3033286266 P.03 04 -01 -96 05:45PM FROM JESTrr N ECOSYSTEMS Poi Mr. Steve Isom April 1, 1496 Page 2 STUDY AREA The --t 6 acre subject parcel is located along the south side of U.S. Highway 6, approximately 50 yards east of the highway's istterseotioa with the Avon and Village Roads. The site occurs at 7,520 feet, along a north - facing toe slope at the distal terminus of a steep ridge separating the east side of the Beaver Creek Valley from the Eagle River. The Eagle River flows north of Highway 6 and the channel of Beaver Creek occurs along the northwest flank of the property. The development site is relatively flat as a result of its prior development and use as a gravel extraction site, sehool, residential and office site. Most native habitats in the vicinity of existing structures were disturbed during initial excavation and there has been little recolonization. The exception is a narrow riparian corridor flanking Beaver Greek, dominated by medium -aged to mature narrowleaf cottonwoods and a few conifers. Otherwise, the site is dominated by introduced cultivars (primarily smooth brome and crested wheatgrass) and weedy vegetation (including mullein, sweet clover, thistle, and mustards). Native vegetation south and east of the redevelopment area is a mountain shrub community, dominated by serviceberry, with rubber rabbitbrush, some snowberry, bitterbrush, card small aspen clumps, and a relatively vigorous herbaceous understory containing carices, bluegrass, timothy, smooth brume, yarrow, and penstemon. Vallonla sp. (snail) shells are abundant on the hillside and additionally characterize this community. This shrub conuaunity transitions into a Douglas -Sri Englemann spruce forest with increasing elevation on the ridge. These native habitats would not be disturbed by the proposal. WILDLIFE USE Wildlife use of the property is limited by non- native vegetation, on -site human activity and habitation, and the chronic activity associated with Highway 6 and its intersection with Village and Avon Roads. Wildlife use of the development site is generally conf ned to a low diversity of nongame species. A greater amount of wildlife use occurs along the Beaver Creek riparian corridor (e ►g., nesting magpies), along the creek per se, (e.g., fish, beaver), and in the mountain shrub habitat to the south (critical elk habitat). However, the portion of the site proposed for development is not particularly important habitat for any wildufe species or group. The development area does not overlap any vAldiife habitats delineated on CROW WRIS maps (Sept. and Oct. 1995). However, the mountain shrub and other habitats above (south and southeast) of the development area are mapped as elk winter range, winter Isom & Assric. EMCC 04-01 -96 06:45PM FROM WE�-nN ECOSYSTEMS Mr. Steve Isom April 1, 1996 Page 3 3033286266 P.64 P02 concentration area, severe winter range, and critical elk habitat. Mr. Bill Andree indicated that these nofth- facing slopes, immediately south of the parcel, are used by elk primarily during milder winters. March 29 surveys of this area located elk pellets deposited as low as the shoulder of Highway 6 over the relatively mild 1993 /94 winter. A low number of deer pellets, deposited in summer or fall 1993, were also located in this area. Growth forms of serviceberry and bitterbrush shrubs (two key winter browse species) on this hillside suggest only a light level of big game browsing. However, white elk pellets were fairly common in this native community, no elk or deer pellets were located on the proposed development area, probably because of a lack of forage. Big game use on the adjacent hillside is nocturnal, infrequent, and would be unaffected by the largely diurnal and indoor use that Is proposed. While low numbers of big game May seasonally contour across the hillside south of the property during local movements, the property and the adjacent hillside are outsides of any migratory corridors and production areas. There are no habitats of threatened, endangered, or candidate species on -site or in adjacent areas that the proposed rezoning and use of the school site would jeopardize. Proposed use of the school site would not result in any water depletions or other effects to the Eagle River, Beaver Creek, or their ripe inn Communities. CONCLUSIONS AND RECOMMENDATioNS The Chateau St. Clair redevelopment site contains no particularly important wildlife ;►abitat. However, some sensitive wildlife habitats occur adjacent to the development. It is my understanding that a minimum 30 foot setback botwoon Beaver Greek and the development area would be maintained. It is also recommended that all development avoid the continuous Hparian corridor flanking Beaver Greek, composed of cottonwoods, spruce, and lodgepole pine trees. To avoid impacts to big game winter range, development should be kept below the historic jeep trail at the toe o the hillside. Strict dog control measures should be implemented and enforced to avoid wildlife harassment and mortality. Property owners should prohibit the development of any_ trails in the Beaver Creek xiparlan corridor or extending into the mountain shrub habitat south of the develepment area. With the above conditions, tho proposed development and subsequent use of the site„ should not result in any substantive change in th6 present type or level of wildlife use. As such, therc should be no adverse effects to wildlife or their habitats, on or adjacent to the site, resulting from the proposal. ISOM & ASSOC. EMCC 04-01-96 06:45PM FROM WEST I ECOSYSTEMS Mr. Steve Isom April 11 19?6 Page 4 please tail if you have any questions. Sincerely, �zk Richard W. Thompson Certified Wildlife Biologist Western Ecosystems, Inc. RWT /s 3033266266 P. 05 P03 1 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES VISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 606 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1192 June 19, 1996 A,; JUN 18 1996 COMMUNITY OEVELOPMEN1 Town of Avon Community Development Department ATTN: Karen Griffith Box 975 Avon, CO. 81620 Dear Karen, REFER TO ... Eqll� For Wildlife - For People The Colorado Division of Wildlife (CDOW) has reviewed the annexation and PUD application for Chateau St. Claire and has the following comments. On 6/14/96 I spoke with Danny Brose at the site and asked him about protecting the riparian area, especially the cottonwood trees. Mr. Brose advised the trees would remain, but pruning was needed to remove dead branches over the deck area for safety reasons. Mr. Brose also stated he would like to sit down with the CDOW to review the tree pruning so as to protect wildlife. No date was set for this meeting at this time. Since there are several differences between the submitted application and recent discussions, the CDOW will comment on the submitted application. If the application is revised the CDOW comments and recommendations that no longer apply can be removed. The CDOW is in agreement with the wildlife report prepared by Rick Thompson. The CDOW also concurs with the conclusion and recommendations in the wildlife report. It is the CDOW understanding that the conclusions and recommendations contained in the wildlife report will become conditions of the annexation and /or PUD permit. If this is not the case please advise as this would change the CDOW's recommendations. There is a conflict in the protection of the 30 foot setback in the wildlife report, the environmental impact report (EIR) hydrologic conditions and the report by Precision Tree Works. The wildlife report states there is an understanding that a minimum 30 foot setback between Beaver Creek and the development area would be maintained. The EIR states the 30 foot setback area from the creek will remain in its natural state. DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice - Chairman • Arnold Salazar, Secretary Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member William R. Hegberg, Member • Mark LeValley, Member Chateau St. Claire page 2 CDOW Andree June 19, 1996 These directly conflict with the report by Precision Tree Works which recommends removing 19 Cottonwood trees and removal of native vegetation to be replaced with sod to the stream edge. During a site visit on 6/14/96 I was only able to located 10 of the trees scheduled for removal, other trees had tags but the writing was washed off. of these 10, 5 were located directly on the bank of Beaver Creek, 3 were located within 25 feet of the bank, and 2 were located within 30 feet of the bank. Removal of these trees would have a negative impact on wildlife use of the riparian area and would negatively impact the aquatic life in Beaver Creek. Further removal of these trees would be in conflict with the submitted EIR and wildlife report. The wildlife report and EIR state there will be a 30 foot setback between Beaver Creek and the development. While a 30 foot setback provides some protection, protection of the riparian and watershed values need additional measures. The current application shows removal of native riparian vegetation to be replaced with sod right up to the stream edge. In order to protect riparian and watershed values there should be a native riparian buffer between riparian /watershed habitats and development. Best Management Practices (BMP) in riparian buffer areas should include: no soil disturbance; no vegetative disturbance (other than minimal pruning of shrubs and weed control); no lawn mowing or fertilization; no snow storage areas; require storm water detention facilities on site before discharging into waterways. The application shows rip rap along Beaver Creek south of the development but does not provide any discussion on the need or if some is existing and repair is needed. The CDOW has the following recommendations for the Chateau St. Claire application. 1) Maintain a minimum of a 30 foot native riparian buffer zone (stream setback) between development and Beaver Creek that uses best management practices (see above). 2) Recommendations listed in Rick Thompson's wildlife report become a part of the mitigation plan. 3) Do not remove the cottonwood trees within the riparian buffer zone (30 foot stream setback). Chateau St. Claire CDOW Andree Page 3 June 19, 1996 4) Pruning trees within the riparian buffer zone (30 foot stream setback) is limited to dead limbs for safety concerns or diseased limbs. Dead limbs that are not a safety concern provide valuable wildlife habitat. 5) All trash cans and /or dumpsters be a proven bear proof design. 6) Silt and sediment fences will be installed at the boundary of development and the 30 foot stream setback. Karen, the CDOW appreciates the opportunity to comments on this project. Please contact me at 926 -4424 if you have any further questions. sincerely, Bill Andree District Wildlife Manager -Vail Western Ecosystems, Inc. Ecological Consultants 905 West Coach Road, Boulder, Colorado 80302 (303) 442- 6144 August 19, 2010 Sally Vecchio, Asst. Town Mgr./ Community Development Dir. Email transmittal Town of Avon One Lake Street P.O. Box 975 Avon, Colorado 81620 (970) 748 -4009, svecchio @avon.org RE: Dog Prohibition at The Gates Residences (formerly Chateau St. Claire) in Avon, CO Dear Sally, I write concerning my report entitled "Wildlife Assessment of the Chateau St. Claire Development" dated April 1, 1996. It has come to my attention that my report may have been used to prohibit dogs entirely from the property (PUD Ordinance 1998 -06). I offer this clarification because a dog prohibition was not my intention. The subject development is not located in important wildlife habitat, although the native habitat to the south is important elk winter range. I mentioned dogs in only one sentence of my report: "Strict dog control measures should be implemented and enforced to avoid wildlife harassment and mortality." This is standard dog control language that I have used for dozens of similar development proposal assessments in Eagle County. I never intended these "strict controls" to include the prohibition of dogs from the property. Indeed, dating back to 1986, I don't ever recall the Colorado Division of Wildlife (CDOW) recommending that dogs be prohibited from residential developments in Eagle County, including those located in important wildlife habitats where stray dogs would create conflicts with wildlife. Instead, the planning jurisdiction, its representatives, the property owner, and the HOA typically develop enforceable covenants so there are no stray dogs originating on the property. Properly controlled dogs are not a threat to wildlife. I believe that with the implementation and enforcement of dog control measures, owners of The Gates Residences could have dogs without threatening wildlife in the surrounding area. Thank you for your time. Please call me if you have any questions. Sincerely, Rick Thompson Richard W. Thompson Certified Wildlife Biologist Western Ecosystems, Inc. RWT /s Cc: J. Schroder, Real Capital Solutions TOWN OF AVON, COLORADO V O N AVON WORK SESSION MEETING FOR TUESDAY, NOVEMBER V, LOU MEETING BEGINS AT 3 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW 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 MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 3:00 PM — 4:00 PM 1. EXECUTIVE SESSION: a. Receiving legal advice pursuant to Colorado Revised Statute §24-6 - 402(4)(b) related to pending litigation regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 b. Receiving legal advice pursuant to Colorado Revised Statute 24-6 - 402(4)(b) related to Sherman and Howard c. Receiving legal advice pursuant to Colorado Revised Statute §24-6 - 402(4)(b) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statutes §24- 6- 402(4)(d) regarding Stone Creek Charter School Lease 4:00 PM 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:00 PM — 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Upper Eagle Regional Water Authority Update (Kristi Ferraro, Councilor) b. Beaver Creek Marketing and Eagle County Airlines Updates (Amy Phillips, Councilor) c. Fleet Fuel going Biodiesel (Jenny Strehler, Director PW &T) Update on fleet's transition to use of biodiesel fuel / MEMO ONLY d. 2010 Election Results and Outgoing Council Reception Date Discussion (Patty McKenny, Assistant Town Manager Management Services) e. Eagle Vail Business District Master Plan Process Update (Sally Vecchio, Assistant Town Manager Community Development) Review status of planning process f. Recreation Center Updates (Danita Chirichillo, Special Events Supervisor): ✓ 2010 Turn Key Events/ Review results from town's turnkey special events ✓ 2011 Quizno's Pro Challenge / Update on new event 4:30 PM — 5:00 PM 4. STONE CREEK CHARTER SCHOOL LEASE AND SWIFT GULCH CONSTRUCTION DISCUSSION (Larry Brooks, Town Manager) Update on Stone Creek Elementary School and $7.5M Grant for Bus Facility Improvements at Swift Gulch 5:00 PM 5. ADJOURNMENT Avon Council Meeting. 10.11.09 Page 1 of 5 Memo To: Honorable Mayor and Town Council Thru: Lang Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Jennifer Strehler, Director of Public Works and Transportation Date: November 9, 2010 Re: Fleet Fuel Going Biodiesel Summary: This memo notifies Town Council that the Town facility recently began purchasing biodiesel fuel for dispense at our Swift Gulch site. Effective immediately, Avon's diesel product will be 2% biodiesel in the summer and 1% in the winter. Avon will no longer offer a non - biodiesel fuel. There are no changes to Avon's gasoline fuel product. Previous Council Actions: None Background: The Town of Avon manages a fueling facility vehicle and equipment fleet out of the Swift Gulch site. The Town purchases gasoline and diesel fuel under contract from a local wholesale supplier. The Town uses this fuel and also sells it to the following entities: Eagle River Fire Protection District, B.C. Metro District Buses, Eagle County Ambulance District, Eco Transit, and the ECO Hazmat Team. Outside parties who purchase fuel are either municipal or quasi - municipal; Avon does not sell fuel to the general public. Until recently, Avon's fuel supplier did not have access to a dependable biodiesel blend. Discussion: Source fuel for Avon's gasoline and diesel fuel comes from Sinclair Oil Company. Ir response to federal standards which are forcing all suppliers to move to more renewable fuels, Sinclair Oil Company decided to replace their No. 2 diesel fuel with a 2% biodiesel blend. Sources for this particular biodiesel are not known but are reported by Sinclair Oil to be BQ -9000 certified and meet all ASTM -6751 standards. Concerns regarding the use of biodiesel in cold climates are well documented. The °cloud points" of the feedstock oils are generally much higher than that of diesel Page 1of2 fuel. (Most biodiesel feedstocks include a blend of natural oils from soybean, canola, palm, rapeseed, and tallow.) For example, soy oil droplets within the biodiesel mix will start to solidify when fuel temperatures drop below 34 °F. This is especially problematic - causing fuel filters to plug - for cold -starts on vehicles stored outside. As a point of comparison, the cloud point of No. 1 diesel fuel is - 41 °F. Related past problems included the lack of federal standards which resulted in poor product quality and poor blending practices in all climates. Cold weather still presents a challenge and is the reason that marketed biodiesel mixes are still quite low in winter climates. Significant improvements have been made in production of biodiesel in recent years. Additional chemical processing and the use of additives to biodiesel mixes have improved product quality. Federal standards and new testing protocols have been developed that better define and communicate quality and blending requirements to suppliers. Summit Stage and the Roaring Fork Transit Authority (RFTA) are both currently using biodiesel at various times during the year. RFTA uses a 5% biodiesel blend mix in the winter and a 20% biodiesel blend in the summer. Summit Stage Transit uses a variety of blends during summer months ranging from 5% in spring and fall to as high as 20% by July, but did not use biodiesel last winter. Until further notice, Avon will no longer offer a non - biodiesel fuel. Avon's diesel supply will be a 50:50 blend of No. 1 diesel plus No 2 biodiesel at 2 %, resulting in a 1% biodiesel blend during winter months. Summer produce will be No 2 biodiesel at 2 %. Staff does not anticipate problems with these low blends ratios. However, Avon Fleet mechanics will monitor the situation to determine if any changes in fuel quality occur. They will also monitor vehicles and equipment to determine if cold filter plugging problems occur. If significant problems arise, Avon will switch suppliers or otherwise take corrective action to change to a non - biodiesel fuel during the winter months. There are no changes to Avon's gasoline fuel product. Financial Implications: None. Given the relatively low biodiesel mix, we do not anticipate any changes in purchasing practices by Avon's third party fuel users. Town Manager Comments Page 2 of 2 MEMO To: Mayor and Council Members Thru: Larry Brooks, Town Manager Eric Heil, Town Attorney From: Patty McKenny, Assistant Town Manager Management Services Date: November 4, 2010 Re: 2010 Election Results and Outgoing Council Reception Date Selection Summary: The November 2, 2010 general election results are attached as counted by the Eagle County Clerk's Office. Please note that although the number for write in candidate Paul Siemonsma indicated unavailable, Teak Simonton noted that as of Thursday, 11/4/10, there were 40 votes counted for him; she noted that votes cast by provisional ballots had not yet been counted. The election results will be certified no later than Friday, November 19, 2010. Further updates can be found on Eagle County's website. Newly elected Council members will be sworn in Tuesday, November 23, 2010. There will be some discussion about what date will work for an "outgoing council member reception" for Mayor Ron Wolfe and Mayor Pro Tern Brian Sipes. Town Manager Comments: ,"Is Unofficial Election Results November 2, 2010 Eagle County, Colorado Active Registered Voters: 22319 Ballots Cast: United States Senator 6353 Ken Buck 5932 Michael F. Bennet 7598 Bob Kinsey 399 Maclyn "Mac" Stringer 179 Charley Miller 76 J. Moromisato 24 Jason Napolitano 122 Write In 0 Representative to the 112th United States Congress - District 2 Stephen Bailey 6353 Jared Polis 7130 Curtis Harris 312 Jenna Goss 334 Write In 57 Governor / Lieutenant Governor John Hickenlooper /Joseph Garcia 8446 Dan Maes / Tambor Williams 2126 Jaimes Brown / Ken Wyble 144 Tom Tancredo / Pat Miller 3603 Jason R. Clark / Victoria A. Adams 57 Paul Noel Fiorino / Heather A. McKibbin 17 Write In 0 Secretary of State Scott Gessler 6485 Bernie Buescher 6316 Amanda Campbell 873 Results as of November 4, 2010 Unofficial Election Results November 2, 2010 Eagle County, Colorado State Treasurer Walker Stapleton 6610 Cary Kennedy 6836 Attorney General Stan Garnett 6417 John Suthers 7018 State Board of Education - Congressional District 2 Angelika Schroeder Kaye Ferry 6348 7100 Regent of the University of Colorado - At Large Melissa Hart 5936 Steve Bosley 5985 Jesse B. Wallace 919 State Representative - District 56 Christine Scanlan Debra Irvine 6097 5455 State Representative - District 61 Luke Korkowski 645 Roger Wilson 1035 Write -In 573 Commissioner - District 3 Claudia Alexander 6201 Sara J. Fisher 7792 Results as of November 4, 2010 Unofficial Election Results November 2, 2010 Eagle County, Colorado Clerk and Recorder Teak J. Simonton 10873 Treasurer Karen L. Sheaffer 10172 Assessor Mark D. Chapin 9802 Sheriff Joseph Hoy 6758 James Van Beek 6629 Surveyor Dan Corcoran 6599 Ted Archibeque 6440 Results as of November 4, 2010 Coroner Kara Bettis 10337 Town of Avon - Town Council Todd Goulding 454 Rich Carroll 506 Dave Dantas 601 Chris Evans 484 Jim Benson 345 Write In unavailable Results as of November 4, 2010 Unofficial Election Results November 2, 2010 Eagle County, Colorado Retention of Colorado Supreme Court Justices Yes No Michael L. Bender 7767 3371 Alex J. Martinez 7561 3536 Nancy E. Rice 7849 3231 Retention of Court of Appeals Judges Yes No Yes No Yes No Amendment P Amendment Q Amendment R Results as of November 4, 2010 4925 7722 7745 5200 4929 7720 Yes No John Daniel Dailey 7932 2887 Richard L. Gabriel 7832 2965 Nancy J. Lichtenstein 7765 2969 David J. Richman 7444 3144 Retention of District Judges - 5th Judicial District Yes No R. Thomas Moorhead 8714 2582 Karen Ann Romeo 8002 2791 Yes No Yes No Yes No Amendment P Amendment Q Amendment R Results as of November 4, 2010 4925 7722 7745 5200 4929 7720 Unofficial Election Results November 2, 2010 Eagle County, Colorado Amendment 60 Yes 3805 No 10179 Amendment 61 Yes 4137 No 9933 Amendment 62 Yes 3049 No 10693 Amendment 63 Yes 6086 No 7330 Proposition 101 Yes 4782 No 9183 Proposition 102 Yes 5590 No 7616 Results as of November 4, 2010 Unofficial Election Results November 2, 2010 Eagle County, Colorado Eagle County 1A Yes 4304 No 9485 Eagle County 1 B Yes 7916 No 6345 Town of Minturn 2A Yes 123 No 210 Town of Minturn 2B Yes 134 No 208 West Grand School District No. 1-JT 3A Yes 2 No 4 Results as of November 4, 2010 Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Ass't Town Mgr /Community Development Date: November 2, 2010 Re: Eagle -Vail Business District Master Plan Process Summary The Eagle County Planning Department is undertaking a master planning process for the Eagle - Vail Commercial Area (EVCA). The visioning process began in July after the County and its consultants prepared some preliminary data on the existing conditions in the area. Although the County has invited the Town to participate in the visioning process, this is not an inter - jurisdictional planning process consistent with the County's Comprehensive Plan policies which recognize the extra - territorial powers of the Town and promotes cooperative, regional planning "' The EVCA is a significant business /employment center in the region and therefore, any long - ranging planning process for the area should include a regional analysis of commercial, housing and transportation conditions before the visioning process continues. The Town should request that the County adhere to its Comprehensive Plan policies concerning Extraterritorial and Cooperative Powers and establish an inter - jurisdictional planning process for this area. In addition, the EVCA is located within the Town's 3 mile planning area. If the County is unwilling to establish an inter - jurisdictional planning process, the Town should consider adopting a Three Mile Plan" which includes the EVAC for the purpose of providing long -range and strategic planning polices for future growth and possible annexation (Exhibit A- Three Mile Map). Background The EVCA is zoned Commercial General (CG) and is included within the Eagle -Vail Metropolitan District boundaries. Since the early 1970s, this area has developed into commercial business district that contributes to the vitality of the regional economy by providing a unique mix of commercial uses, auto - oriented services and warehousing facilities to this area of the County. The EVCA is approximately 2 miles east of the Avon Town Center by way of Highway 6. To better understand the impact that the EVAC has on the Town's local economy (existing and future), consider that the EVAC is comprised of more than 338,000 sq ft of mixed use development on 67 acres with more than 160 businesses including professional office, retail, service and warehouses. Avon's East Town Center is comprised of 358,000 sq ft of commercial development and 390 condo units on 14.5 acres. These two commercial districts together have enough retail /services space to accommodate a market population between 30,000 and 75,000 people in a 3 to 8 mile radius "'. While there are certainly other demographic, market and social conditions to consider in determining long -range growth policies, the regional impact of new development in the EVAC is undeniable. Next Steps in the Process The County has prepared a community preference survey for the area. The link to the survey was e- mailed to Council last week. The survey is also available on the County website. A visioning charette is being planned for sometime later this year. Recommendation The EVAC is a vital component of the regional economy, transit system and eco- system. The area also abuts Avon's SE boundary and is located within the Town's 3 -mile planning area. Accordingly, the vision, goals and objectives for the EVAC planning area should be developed within a regional framework, as directed by the both the Town and County's Comprehensive Plans." In spite of its policies to encourage cooperative planning in the region, last year the County rejected the Town's proposal to execute an Intergovernmental Agreement establishing a cooperative planning process for "areas of influence" adjacent to the Town's existing boundaries. The Town has therefore, not adopted a Three -Mile Plan and the County is proceeding with the EVAC visioning work without the benefit of the Town's collaboration. In light of these circumstances, Staff recommends that the Town Council consider the following: 1. Making a formal request to the County Commissioners to establish an inter - jurisdictional planning process as recommended by both the Town and County's comprehensive plans; and 2. Adopting a 3 -Mile Plan (with or without the participation of the County) that provides long -term, strategic policies for land use and growth within 3 miles of the Town's existing boundaries. The policies will communicate the Town's long -range vision for regional growth in the planning area, including land use recommendations for areas of potential annexation. 3. Authorizing Staff to participate in the County's EVAC planning process for the purpose of promoting basic planning principals on behalf of the town including the benefits of regional planning. Town Manager Comments ,§, 9 Eagle County Comprehensive Plan, Section 3.1.4 Governance Policy G. " In 1987 the Governor signed legislation (Senate Bill 45) into law requiring that municipalities have a 'Three mile plan" in place before they could extend their territory by annexation (Section 31- 12- 105(1)(e) CAS). S). A Three Mile Plan establishes the framework for decisions concerning annexation of land into a municipality. Coupled with Comprehensive Plan policies, this document will guide future applicants who seek to annex property into a municipality. This plan communicates a municipality's annexation policies and intentions to interested citizens, public interest groups and special interest groups. "' Urban Land Institute, Dollars and Cents of Shopping Centers. "Avon Comprehensive Plan. Regional Coordination, Policy A.1.1: "Work with Eagle County ... on cooperative planning efforts, including joint planning agreements to govern review and action on development applications within Town's 3 mile planning area." Policy B.3.2. Coordinate land use policies and regulations with Eagle County... to make development more consistent across political boundaries." E T Cr �j C V o i r - -� ' CP l co % r , �F f c !; CD ! f E ELG io °' m ` \ 3 y +�ti �M1t O CO a 0 + N v I !' CD CL _. C� J CL �o t 90_ - , m S 3 Q ; O S � O Ir � Sam D D O fn C Cf a = m m c m m m m y o o m co co cn 2 a s °—' o Q o o 3 3 c c O an d m m c m c c C C _ 3 S2 � A .�.. A A O. m m V _ Ol 01 y m m m A o .may CL A w a v r 2 of ui z •c U) rr ro 3 cn cn y 3 m r N s g �y m m m 3• y 3• O N z ro a d d O. m O. m m CL d 3 m N. 0 7 > > o 3 vo m ni 4C rr •,. 3 a f (D O 3 CD g £ S p tn• C1 =' a (D y Ot v MEMO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: N/A Approved By: Meryl Jacobs — Director of Recreation and Cultural Services From: Danita Chirichillo — Special Events Supervisor Date: November 2, 2010 Re: 2010 Turn Key Events Summary: As part of the 2010 special events application process, outside promoters /organizers were asked to submit an "after action report" at the conclusion of their event. A copy of each submitted report is attached for your review. Also included is an overall summary rating each event in terms of its effectiveness in meeting objectives that the department has established for turn key events held in Harry A. Nottingham Park. Discussion: The after action report is designed to assist staff in determining the viability of each event and to measure its effectiveness in terms of the following: • Exposure for the Town • Compatibility with Mission statement • Economic Impact • Participation This is the second year that the Town has required an after action report be completed by outside event organizers. While outside organizers are still getting used to reporting this information, staff expects to fine tune this report each year so that we can properly rate the performance of each event. The accuracy of this report will become essential as we keep in mind the potential for the park pavilion, the 2015 World Championships and ancillary events leading up to 2015 as well as the improvements to the mall/Main Street area. Staff remains committed to selecting events that are successful and represent the best fit for our community. Town Manager Comments: E >cc wE m E Y � E� � c o � T a/ O N G 8 o O O r C O 4 A* D O 3 L F N y .�y C � N •� g C 0 >o w w F d w o� o � o° .% � W g 2 .b 3 c w w a � C � a w w w 5 � ••p� E 3 � � :3 0 U [� O O X00, N 8 o o#i aoi L d Y V y �a W � � o C YC O .� ++ eo° °o °o U 0. 'a Grp C7 ►"a W o F °o P. 'a Grp G7 H • z o 0 0 o K N h a z O N d M 0 O � � 00 � y O � •U O � � S3 � N •� U d ."n qq 'O �O h Or � •V •Y_�V O N 'O ��+ y�j N N Fd g O L O M 00 N� L 00 N N m000 h O 3 � � r r O ti ti ti ti O O N O y CJ 0 O .0 J. Y N V 3 w O cA�j O a w_ dC x f� 3 OFF $ w v C G 8 o O O r C O 4 A* 3 L N y .�y C � N •� g C 0 >o F d o� o � � W .b L C � O 5 � ••p� '° 3 � � :3 C O O 8 o o#i aoi L d Y y W � o C YC O .� ++ eo° °o °o U 0. 'a Grp C7 ►"a W o F °o P. 'a Grp G7 H AVO N C O L O R A D O ATTACHMENT I Town of Avon - Special Events After Action Report The Town of Avon requires that each event promoter granted an approved special event permit complete the After Action Report. This report is to be submitted in a typed format to the Special Event Supervisor within 45 days after completion of the event. Each underlined item should be completed. Event Introduction: Rocky Mountain Pond Hockey Championships; Youth hockey over Martin Luther King weekend and Adults play the following weekend. Overview — Event Stren hs/Weaknesses: Strength of this event is the ability to create a fun "winter trip to the park" atmosphere for kids and adults through playing hockey. Weaknesses are the dependency on weather and volunteers to pull off the event over two weekends. Event Budeet: This event is a fundraiser for Rocky Mountain Pond Hockey (501 -C3) with any proceeds directed to benefit local youth hockey efforts. No one affiliated with RMPHC receives a paycheck, it is a strictly volunteer effort. Our goal is to raise $2,000-$5,009 from the even . E enses total approximately $40,000 of hard and soft dollar contributions. Use Allocated Funds from TOA: The TOA sets aside $22,000 towards this event, or has in years gpast. Marketing and Promotional Efforts fattach samples): Attendance and Demographic Information: This year there were 28 Youth teams playing hockey; 13 of these were from outside Eagle County. There were 24 Adult teams playing; 10 of these were from outside Eagle County. Additionally, during the Adult Weekend, 24 NHL Alumni from around the country participated in the event. The median age of the adults attending the event (Youth & Adult weekends) is estimated t e 45 years of age. Household income is estimated to be "above average" to "well above average ". We estimate there were 450 -500 attendees each day of the Youth weekend, and 200 -225 attendees for each day of the Adult weekend. Impact on Economy: We project there were 130 room nights for the Youth and 110 for the Adult weekend. (60 room nights for teams and 50 room nights for the NHL Alumni.) The estimated room rate is $135 /night for a total lodging number o $32,400. We estimate the average dollars spent (outside of 1 dging) to be $45 /day for each out of town guest and $25 /day for each local. Impact on Sense of Community: Having completed its 4`h year, the RMPHC's have learned how to stand on our own two skates! The attitude we are trying to present to the participants and spectators alike is one of inclusion, friendly competition and fun. The Youth weekend was a tremendous success, and while the weather for the Adults weekend was more of a challenge, the event was enjoyable for just about everyone (except maybe the chef working the BBQ grill). We hope the Town of Avon feels as though the RMPHC's contribute to the attraction of visiting Avon during the winter for out of town guests and locals alike. Potential for Growth of Event and Sponsorship Revenue: The Youth weekend had over 220 kids participate as hockey players, with probably the same number of parents, siblings & friends at the event as spectators. There were approximately 40 -50 volunteers at the Youth weekend. The Adult weekend had over 72 players and probably 100 spectators and 20 -30 volunteers. The funds raised from the RMPHC's this year are a little skewed due to the accounting methods applied to this event. There is an NHL Alumni game played on Friday night prior to the Adult weekend and this event ended up costing us money, so the overall dollar figure is a loss. However, when the Alumni game and associated expenses are removed from the "equation ", the event shows a modest profit of approximately $1,200. One reason this number is low goes back to last year's Adult weekend, the weekend that was rained out. The RMPH board offered the teams in the 2009 tournament a "half price refund" or complimentary entry fee into the 2010 tournament. As a result, we did not have very many teams paying full price to play this year. The vision we have for the RMPHC's to not to grow this into a HUGE tournament, but one of exclusivity. What we mean by this is when `Bill" finds out his friend "Tom" and 5 of his buddies are playing in the Avon tournament, Bill asks Tom "how were you able to get a spot in the tournament? I'm so jealous!" We realize the event is limited to the available ice the amazing Parks & Rec crew can create out on Nottingham Lake, so we don't think it wise to try to compete with some of the other Pond Hockey tournaments out there with hundreds of teams playing. Did the Attendees Enioy this Event: The 2010 RMPHC's were very much a success! The Youth weekend had great weather, a lot of fun and a good "vibe ". Nearly half of the teams participating were from outside of Eagle County and they had a good time, many saying this was the best tournament they had attended. The Adult weekend did not have the same spectacular weather as the Youth weekend, nor the same number of volunteers, but we feel it too was very successful. (Heck, we were happy we didn't get rained out again.) Each year we hold this event, we think of different things we can try to do to make the event more enjoyable for the participants and spectators, less of a burden for the TOA and easier to manage for the RMPH organizers. We are just a group of hockey parents who want to provide our kids with the opportunity to skate outdoors and enjoy the game they way we did when we were kids. Or better yet, give us a chance to be out on the ice and act like a kid again. ATTACHMENT Town of Avon - Special Events After Action Report The Town of Avon requires that each event promoter granted an approved special event permit complete the After Action Report. This report is to be submitted in a typed format to the Special Event Supervisor within 45 days after completion of the event. Each underlined item should be completed. Event Introduction: Vail Pet Partners 2010 Doggy Dash The Doggy Dash is the single annual fundraiser for the non - profit Vail Pet Partners. It includes a 3mile walk, raffle and contests, and a few booths. Originally scheduled for June 13th, it was delayed due to the weather. Avon was generously able to let us use the park again on the morning of June 26th. Vail Pet Partners is run 100% through volunteer hours, any funds raised go to support and grow the program. Currently bringing therapy dogs to VVMC, Shaw Cancer Center and Jacks House, and local elementary schools reading programs; we are also beginning a program with the local hospice group to bring therapy dogs to families in hospice care. Overview — Event Strengths/Weaknesses: Strengths — locals seem to like to have a non - competitive event that they can attend. People seem to appreciate an activity to do with their dogs. For the 3 years of the event, we've had fantastic feedback, no issues with the dogs and this year is once again considered a success even with the challenge of rescheduling (thanks to many businesses who helped us pull that off, including support from the Town of Avon) Weakness — Dog Town (vendor booths) isn't very big nor gets much attention — hopefully we can figure out a way to make that more beneficial to the vendors and the attendees. As with all outdoor events, Doggy Dash success or failure can be affected by weather. Event Budget: $1000 - $1500 Use Allocated Funds from TOA: none Marketing and Promotional Efforts (attach samples): Posters, newspaper ads, radio PSAs, bridge banner, emails. Including a PDF of the poster, from which all advertising is based. Attendance and Demographic Information: (In state, out of state, Avon visitors, Avon residents, age median-age, house hold income, etc.) Just over 60 dogs, approx 100 people (lighter than expected had the weather cooperated on the original date). All local — Vail to Gypsum. All age ranges — some bring family/kids up to older couples with dogs. We don't ask for personal info such as income. Impact on Economy: (Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.) None, however we end right around noon so some may go to local restaurants for lunch. Dog Town sales are minimal if any so far, so not much sales tax collected. Impact on Sense of Community: Potential for Growth of Event and Sponsorship Revenue: (Number of spectators, number of participants, sponsorship dollars raised, future potential, etc) Our goal is to grow the event! Not huge like the Furry Scurry, but believe the event could have more dogs participating without creating a problem. This year was a `set back' in that we feel we would have had better attendance if the weather had cooperated on the original date. (although we were very pleased with what we got on the rescheduled date considering the number of alternative activities around the Valley that day). Overall though considered a success, while not financially the exposure for Vail Pet Partners and the event was successful. People love their dogs and we feel the word is getting out that this is a fun, friendly event to do with your dog. As the only fundraiser for Vail Pet Partners, growth of the event is vital to us to attract sponsorship dollars, We do get some from some supportive local businesses, but haven't been able to grow that much yet from the first year. Did the Attendees Enioy this Event: We believe so, haven't heard anything but positive comments. We were hoping to do a survey this year, but scrapped it due to the time restriction (cognizant of needing to be off the field for the lacrosse game). We'll make a survey /prize drawing a part of next year's event to get some specific feedback. TOWN OF AVON- SPECIAL EVENTS AFTER ACTION REPORT • Event Introduction: The Avon Fine Art and Wine Affaire was held July 16, 17 and 18, 2010 at Nottingham Park in the Town of Avon. Thunderbird Artists produces award - winning events in Arizona in addition to the shows in Colorado. Overview - Event Strengths/Weaknesses: This was the 17"' annual fine art event held in the town of Avon. We actually began 5 years earlier with a couple years break. The recreation department, especially Danita Chirichillo has been very instrumental in helping our event run smoothly. Joe Histed parks and facilities superintendent also sees to our physical needs on the grounds. We really enjoy the event being held in Nottingham Park as the beautiful setting adds to the ambiance of strolling throughout the show enjoying fine art along with wine tasting of wines from around the world. Unfortunately, attendance at the 2010 show was significantly down from previous years. This was primarily due to the date change and going up against an art show the same weekend in Aspen. Advertising was the same as previous years but attendance was down about 50 %. Thunderbird Artists is concerned about the number of artists returning next year and we will not compromise the quality of the show and begin bringing in clothing, hobby and bazaar type articles. Impact on Economy: This year there were approximately 50 artists and their families in addition to our staff staying in Avon for four or more days during the show. In the past, we'd have about 80 to 115 artists doing the show and staying in the Town of Avon. Many artists make there home base in Avon for a month or more as they do weekend shows in the area. They also frequent the local restaurants, bars, boutiques and shops during their stay. All the artists spent money in Home Depot and Wal -Mart while in town. Thunderbird Artists also uses local business for signage, copy center and more. The economic impact on the community has probably gone down somewhat during this economy but I would imaging it has had a positive impact over the years and would continue with the returning market. Even though our numbers were down patrons still purchased art and provided sales tax revenue to the town of Avon. I am not involved with artist's sales so I do not know what that number is. Patrons continue to rave about our quality and still some that fly in just to see the Thunderbird Artists. Impact on Sense of Community: I truly believe the fine arts grew to become an important part of the Town of Avon over the years. Thunderbird Artists is known for producing the highest quality events that the public truly enjoys throughout the year. Unfortunately, I believe that after 17 consecutive years that began about 23 years ago, our event is in jeopardy of retuning to Avon. Years ago, we moved our event from the Seasons Resort, to a bank parking lot, to Chapel Square and even Wal -Mart to build our show for the future. Sadly, this year's date change impacted our event drastically. We are all struggling with the economy but I feel the changing of the date was the most hurtful. Economic Impact Report —Triple Bypass Ride An analysis of the economic impacts of the Triple Bypass was prepared by Alem International Management Inc. representing the Triple Bypass Ride. This report quantifies impacts in terms of spending in the Town of Avon and identifies the economic contribution. Team Evergreen is deeply involved in bicycle and community organizations to support and promote the sport of cycling and the Triple Bypass is the non - profit organization's lead event. The 2010 Triple Bypass was the 22nd Annual Ride and it continues to thrive in the bicycle community. The ride is comprised of 3,500 riders yet through its participation and status as one of the most challenging and exciting rides in Colorado it serves as a stimulus to the Town of Avon during the month of July. The Town of Avon particularly benefits from the Triple Bypass ride from a hotel revenue standpoint. In addition, the Triple Bypass brings awareness by providing positive relationships, identifying partnerships and supporters and offers an opportunity to recognize those relationships. The Triple Bypass is a player in the local economy and community as a whole. The following bullet points highlight findings based on Triple Bypass 2010: • Approximately 78% of Triple Bypass riders live in Colorado and 2010 was the 22 "d Annual Ride. • 3,500 riders for the Triple Bypass registered and approximately 3,000 riders finished in addition to each rider's support crew. • According to the 2010 Triple Bypass Rider's survey, approximately 82% of riders and their support crew secured lodging in Avon or Evergreen. • Approximately 140 -150 room nights were secured in the Town of Avon in 2010. • Over $30,000 in room revenue was accounted for based on Alem International's commission checks • Over 55% of 2010 riders plan to participate in Triple Bypass in 2011 and over 95% of volunteers plan to return to volunteer in 2011. The median household income of the Triple Bypass rider is over $100,000 Additional revenue from local activities, transportation, food, gas and other miscellaneous expenses are major factors in the overall impact the Triple Bypass has on the Town of Avon. Triple Bypass has created an awareness of the Town of Avon community for past several years. The Triple Bypass continues to be an extremely successful event, due largely in part to the relationship with the Town of Avon and the overall experience of concluding the ride in Nottingham Park. Over 50% of riders rated the Triple Bypass "terrific" which speaks highly of the Town of Avon and its impact on the ride in general. C O L O R A D O ATTACHMENT I Town of Avon - Special Events After Action Report The Town of Avon requires that each event promoter granted an approved special event permit complete the After Action Report. Each underlined item should be completed. Event Introduction: XTERRA Beaver Creek, held July 17th 2010 Overview — Event Strenaths/Weaknesses: The event was very successful for it's P year. The participation numbers grew from approximately 350 participants in 2009 to over 500 in 2010. The swim in Avon Lake works great for the event and the participants seem to enjoy the swim venue. We received a very positive overall participant survey result and the event producers, are very pleased with the race and how well it is supported by the community. Event Budget: The event budget is approximately $50,000 and the mostly funded by the revenues received from the participant entry fees. Use Allocated Funds from TOA: TOA, up to this point has not allocated any funding to the XTERRA event. Marketing and Promotional Efforts (attach samples): XTERRA does most of their advertising through social media efforts, sports magazine ads, as well as posters, flyers, etc. Beaver Creek does event specific ads on radio and in news paint. Attendance and Demographic Information: (In state, out of state, Avon visitors, Avon residents, age median-age, house hold income, etc.) Most of the participants for the event come from within Colorado, the majority from out of town and we also get a number of international competitors competing in the event as it's part of the XTERRA International Series 0� r , Ot , Impact on Economy: (Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.) Approx. 200 room nights, avg. room rate $150 per night, and avg. of approx. $200 per person spent in addition to lodging. Due to the nature and format of the event, the participants typically spend at least one night stay in the valley Impact on Sense of Community: The community support for this event has grown substantially each year and the event compliments the health and wellness philosophy which the valley embraces. Potential for Growth of Event and Sponsorship Revenue: (Number of spectators, number of participants, sponsorship dollars raised, future potential, etc) Spectators grow for this event each year as the participation numbers increase and the popularity of the event grows. We had approximately 500 paticipants this year and with the addition of a' /2 marathon and 10 km. trail runs being added for 2011, we could potentially double the numbers that we achieved this year. Did the Attendees Enioy this Event: The event has an overwhelmingly positive feed back response and it appears that most everyone you encounter at the event is enjoying the event, from spectators, participants, friends and families to local merchants who benefit from the guest in attendance. ATTACHMENT Town of Avon - Special Events After Action Report The Town of Avon requires that each event promoter granted an approved special event permit complete the After Action Report. This report is to be submitted in a typed format to the Special Event Supervisor within 45 days after completion of the event. Each underlined item should be completed. Event Introduction: Angels in Action is the fund raising event held each summer since 2002 for the benefit of the Crissa Lea Swinford Scholarship Fund ( CLSSF). This fund was established in May, 2001 with the untimely loss of Crissa at age 25 in a motorcycle accident. The Swinford Family and many local friends established Angels in Action event as a 5K Family Fun /Run Walk in Nottingham Park in Avon to raise funds and the net proceeds go to the CLSSF fund. With the generous sponsorship of Slifer Smith & Frampton Real Estate each year and many other local business donations to a silent auction, the proceeds are added to the CLSSF fund. Each year since 2002 the Swinford Family has issued college scholarships to one or two graduating Battle Mountain High School senior ladies in amounts ranging from $1,500 to $4,000. Overview — Event Strengths/Weaknesses: Strengths: Fun family event with over 30 kids attending with parents. Weaknesses: Silent Auction items do not receive bids anywhere near their true value. We will study to find items that may fit the attendees budget and possibly have online bidding next year. Event Budget: $2,500.00 Use Allocated Funds from TOA: No. Marketing and Promotional Efforts (attach samples): See attached ad that ran in the Vail Daily. Attendance and Demographic Information: (In state, out of state, Avon visitors, Avon residents, age median -age, house hold income, etc.) Age range: 4 -83 years old. Median maybe 45? Mostly valley locals (95 %) One family from Brazil, another from New Zealand and 3% front range. Impact on Economy: (Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.) Unknown — but nominal I am sure as most participants are local. Impact on Sense of Community: The feedback each year after 8 events is this is the strongest asset. Potential for Growth of Event and Sponsorship Revenue: Number of spectators - NA, number of participants - 5 -10% each year, sponsorship dollars raised - 2010 was 50% of previous years, future potential — Online promo will help and online auction bidding will be astrong boost. Did the Attendees Eniov this Event: Fabulous comments throughout the morning praising the event and "thanking me for the wonderful way to start their day." (Brazilian guest) Please acknowledge that each page is satisfactory by initialing: ES TOA Sponsor Page 17 Page 1 of 3 Danita Chirichillo From: Francisco Osorio [americancrowncircus @yahoo.com] Sent: Friday, October 22, 2010 12:08 PM To: Danita Chirichillo Subject: Re: Town of Avon - Special Events After Action Report Event Introduction: What: American Crown Circus Event is a three day acrobatic circus. When: August 13,14 & 15, 2010. Showtimes: 5:00 pm & 7:00 pm daily. Where: Harry A. Nottingham Park Overview -Event Strength/Weakness Strengths: Danita Chirichillo and her staff run a very professional event with her event experience. Weakness: Event Budget: $ 7,300.00 Marketing and Promotional Efforts: Free Child Tickets: 20,000 Posters: 150 Radio Spots: 35 Spots Newspaper Ads: 4 -5 ads are run. W ebsite: Both American Crown Circus and Town of Avon websites. Attendance and Demographic Information: Adult: 640 Child: 959 Demographics: 70% Hispanic 10/22/2010 Page 2 of 3 30% Caucasian/Other Impact on Economy: This is more of a community event and gear more towards it. We do attract tourist that have children that stay in the hotels and use the local services. Impact on Sense of Community: We speak to the Town of Avon and surrounding area's large Hispanic Community that work in the local service industry by bring them entertainment that they can understand and appreciate. Our shows are bilingual and in most Latin American countries circus are consider an art form. Potential for Growth of Event and Sponsorship Revenue: Sell Sponsorships of the circus to local businesses for more revenue and to create more excitement which in return would attract more people to the event. Did the Attendees enjoy the Event: Yes, we try to bring something different for the local families. Leo Osorio V. President American Crown Circus, Inc. Website: cvww.americancrowncircus.com From: Danita Chirichillo <dchirichillo @avon.org> To: Leo <americancrowncircus @yahoo.com> Sent: Thu, October 21, 2010 3:29:08 PM Subject: RE: Hi Leo- That would be great as I have to turn these reports around for a re -cap meeting. I will be available after 10.30 my time. Kind Regards; Danita Chirichillo Town of Avon Special Events and Fitness Supervisor (970) 748 -4032 "Our mission is to bring the community together through comprehensive recreation programs and services." 10/22/2010 AFTER ACTION REPORT Bec Tri - Sprint Triathlon August 8, 2009 Event Introduction: The Bec Tri is a short sprint triathlon. A typical sprint triathlon consists of a 800 meter swim, 15 km bike, and a 5 k run. Because the swim is typically the most intimidating part of the race we offer a 400 meter swim. The race is named after Becky `Bec" Yarberry. The proceeds benefit Cure International, dedicated to medical missions around the world. Overview: Event Strength/Weaknesses The race was an overall success with many contributing factors. Each can be reevaluated for a more productive race in the future. Strengths: community volunteer support, financial support, park venue, run course, race food, and encouragement. Weaknesses: need more swimmer volunteers for safety, more kayakers needed, better planned awards ceremony, more directional yard signs/ marking paint on bike course, too much time spent arranging to borrow equipment we could eventually own. Event Budget: The budget this year is $10,335. The income to off set these expenses comes from approximately 50% racer fees and 50% sponsorship and donations. This year the race raised approximately three thousand dollars for Cure International. All race staff and volunteers work without financial compensation. Use Allocated Funds from TOA: No funds were allocated from the TOA. The Recreation Department volunteered their services. Snow fence, trash cans, brooms, etc. Marketing and Promotional Efforts: (Flyer Attached) Television interviews on local channels TV8 and Plum TV. Radio interview on KZYR The Zephyr. Radio advertisement on KLove. Newspaper article and advertisement in the Vail Daily. Race website calenders. Mass emails. Local flyers. Website. Railroad banner. Attendences and Demographic Info: (Demographic Attached) Approximately 212 racers and 250 spectators plus 60 volunteers. The racer demographics were approximately 50% male, 50% female; 50% Vail Valley residents, 50% CO or other. The attached registration list does not reflect the racers who registered the day before/day of the race. Impact on Economy: The 450+ people racing and spectating had an immediate impact on the economy. The racers booked about 10 rooms at the Comfort Hotel. The food for the race was purchased locally. Local Police and State Highway Patrol were hired for traffic control. Impact on Sense of Community: The race wants to be as much of the community as any local event. The volunteers and businesses donating their time and products to the race bring a feeling of ownership and pride into the race. We hope for continued growth and acceptance with as little negative impact as possible. The residents are most adversely affected by the slowed traffic due to the race on the public roads in the morning. Potential for Growth of Event and Sponsorship Revenue: The race is probably most limited by the size of the fields available in the Harry A. Nottingham Park. A race could easily grow to 800 racers. New racers are attracted to the limited size of 250 racers. In the past two years we were fortunate to have two large sponsors. We have limited marketing exposure and question the need or ability to grow without assistance. The goal for the first three years is simply survival and quality. Did the Attendees Enjoy this Event: Yes, the overall comments were very positive. Constructive criticism was posted by racers on Active.com. The reviews were overall good but for were not available on the site as of 9/9. Event Introduction: The 2010 IronKids Avon triathlon brought over 200 athletes and families to the Heart of the Valley to enjoy a weekend filled with fun, relaxation and racing. The event took place on Sunday, July 11 to in Harry H. Nottingham Park and encompassed 2 days of registration, expo, clinics and race talks. The race began at 7:00 AM and was completed by 11:00 AM. Overview — Event Strengths/Weaknesses: The overall event was a major success. The IronKids team was very pleased with the production and execution of the overall event. It was a pleasure working with the town of Avon and we hope to continue our great relationship with the city and staff. The first and major strength of the event was the city staff. The entire team was extremely helpful and supportive. Danita is wonderful to work with and she is a key component to the success of the IronKids Avon event. The Parks and Recreation staff was a major help with set- up and tear down. They were extremely efficient with moving equipment, waste disposal and overall upkeep of the facilities and park. The Roads Department, Police and Fire provided excellent support with road closings, safety and traffic control. With their help, we were able to maintain a safe and efficient bike course for all athletes and residents of the community. After making a few changes from the previous year, we were able to inform residents of road closing and proficiently keep cars from the course. The roads were very well maintained and were swept prior to the event. Another strength of the event was the flexibility of the staff and residents. We were hoping to use the lake for the swim portion of the event, however, the weather was uncooperative and we were forced to use the Recreation Center Pool. This caused the venue layout to change and the schedule of events to shift. The entire team was able to work together to make necessary changes and produce a successful race. Even with the major change, the roads were able to be safely monitored throughout the morning and were opened at approximately the same scheduled time. .� e Some weaknesses of the event include venue set -up and race logistics. We had hoped to set -up � Q1 W v the transition and finish line on Thursday in the field. When we arrived on site, we were informed that we were unable to set -up due to a conflicting event in the park that night. As we move into next year, we'll double check the schedule ahead of time and schedule equipment ` deliveries accordingly. The IronKids team will also need to secure equipment more efficiently next year. We lost some major equipment due to wind and rain throughout the weekend. When we begin set -up for future events, we will store and secure all equipment appropriately The IronKids team could also improve on race logistics to help make the event better for spectators and athletes. We will use more cones at key locations and we would like to extend the bike course turn around portion to a safer location. These changes were suggested by the police and roads crew during the bike portion on the race. We will also implement more crowd control barricades to prevent congestion and confusion in the transition area and run course. Event Budget: am�Aacl Use Allocated Funds from TOA: Marketing and Promotional Efforts (attach samples): Attendance and Demographic Information: (In state, out of state, Avon visitors, Avon residents, age median-age, house hold income, etc.) Total number of athletes - 220 First time participants — 38% Impact on Economy: (Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.) Impact on Sense of Community: The community of Avon was extremely supportive of the event and the impact it had on race day. We had over 30 volunteers from the city help on race day with multiple positions, including tear down and pack up. Many volunteers returned from the previous year and were exceptionally helpful in the transitions area and registration. We are extremely grateful to the residents that were impacted by the bike course. Through careful planning and execution, we were able to communicate the correct message and impact to residents along the course. We had minimal problems on race morning and we appreciate the patience and understanding with the event. The Town of Avon does an outstanding job with promoting the values family values that are inherent within the IronKids mission. Newspaper, television and radio promoted the event but also promoted fitness and activity for all family members. They encouraged families to get out and witness the event, through participation, volunteering or being a spectator. The IronKids team is particularly impressed by the support and the real feeling of community throughout the town. All departments systematically worked together to produce a fun, safe and In state participants — 91 % Out of state — 9% Avon residents — 8% Visitors — 92% Median age —10 Years old Demographic — 49% Female 51 % Male First time participants — 38% Impact on Economy: (Hotel rooming nights, rooming rates, average dollars spent excluding lodging, etc.) Impact on Sense of Community: The community of Avon was extremely supportive of the event and the impact it had on race day. We had over 30 volunteers from the city help on race day with multiple positions, including tear down and pack up. Many volunteers returned from the previous year and were exceptionally helpful in the transitions area and registration. We are extremely grateful to the residents that were impacted by the bike course. Through careful planning and execution, we were able to communicate the correct message and impact to residents along the course. We had minimal problems on race morning and we appreciate the patience and understanding with the event. The Town of Avon does an outstanding job with promoting the values family values that are inherent within the IronKids mission. Newspaper, television and radio promoted the event but also promoted fitness and activity for all family members. They encouraged families to get out and witness the event, through participation, volunteering or being a spectator. The IronKids team is particularly impressed by the support and the real feeling of community throughout the town. All departments systematically worked together to produce a fun, safe and successful event. Without the help and support of the Town of Avon and the community, the event would not be possible. Potential for Growth of Event and Sponsorship Revenue: (Number of spectators, number of participants, sponsorship dollars raised, future potential, etc) The average number of adult family members that accompany each IronKids athlete is three. These numbers are made up of two parents and extended adult family members (aunts & uncles, grand parents). Due to the swim venue size we are limited with growth potential if we keep the current road closure schedule. It is our estimate that athlete numbers exceeding 350 would require extended road closures. Road closure hours aside however, the IronKids Avon event has the potential to grow exponentially. The roads and venue have the ability to accommodate more athletes and spectators throughout the weekend. The potential revenue for sponsorship is yet to be fully determined. Although local sponsorship potential is limited (`sharing (sponsorship) the wealth' with other local events, limited number of sponsorship doors) there isn't a limit on the state and national sponsorship. In order to increase to potential for sponsor interest, it is key to increase the number of people impacted by the IronKids Avon event. The key growth potential for those numbers would be to add an IronKids running event to the existing IronKids Avon triathlon event. This event would have a great opportunity for community involvement all the while driving the IronKids numbers up to entice sponsorship. IronKids would suggest adding a 1 mile and 5 kilometer race to the same venue as the IronKids Avon event, hosting both on Sunday, September 4, 2011. Did the A endees Eniov this vent: The IronKids Avon triathlon was a great event and we have received lots of positive comments from athletes and parents. They were overwhelmingly pleased with the safety on the roads and the beauty of the course. The town of Avon is a great location for the event and families are excited to return next year to the Heart of the Valley. MEMO To: Thru: Legal Review: Approved By: From: Date: Honorable Mayor and Town Council Larry Brooks, Town Manager t N/A "-RA Meryl Jacobs - Director of Recreation and Cultural Services Danita Chirichillo - Special Events Supervisor November 2, 2010 Re: 2011 Quizno's Pro Challenge Summary: Through collaborating with the Vail Valley Foundation and the Town of Vail, Avon has been awarded a stage start for the first annual Quizno's Pro Challenge pro - cycling competition taking place in Colorado August 22 through August 28, 2011. The Town of Vail has been awarded a time trial event taking place on Thursday, August 25 followed by the stage start in Avon on Friday, August 26. The event organizers hope to reinvigorate the legacy of the Colorado -based Coors Classic with expectations of the Quizno's Pro Challenge becoming one of the most significant international pro - cycling events worldwide. Please see the attached event overview and press release. Discussion: The Town of Avon will have one or two staff members on the LOC (local organizing committee) and/or on the Steering Committee to ensure Avon's best interest, goals and objectives are being met. The first LOC meeting, release of the course and route details will be after the first of the year. Financial Implications: The 2011 budget includes $4,000 within the special events division to be used as the LOC directs. In addition, the town will be required to donate in -kind services such as but not limited to traffic control, streets /roads, police, public works and special events staff time. 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V~ cOii tY t7 O' p a' .OY p (�D 004 uj 14 LrA n A A Z G1 m 0 m z m 30 v 0 m z m v 0 n O 3 v a z O 3 O m A l!� N O f� 0 N N A A VAII,VALIEY FOUNDATION For Immediate Release November 4, 2010 Media Contact: John Dakin (970) 949 -1999 jdakin @vvforg VAIL AND AVON SELECTED TO BE STAGES OF INAUGURAL OUIZNO'S PRO CHALLENGE INTERNATIONAL CYCLING EVENT IN AUGUST OF 2011 VAIL, Colorado —Major international road bike racing will return to the Vail Valley August 25 and 26 as both Vail and Avon have been selected as stage components of the inaugural Quizno's Pro Challenge cycling event. The announcement came at a press conference on the steps of the State Capitol in Denver on Thursday, November 4. Created to be the most challenging pro - cycling race in American history, the Quiznos Pro Challenge is set to cover nearly 600 miles of the region's demanding terrain. Vail and Avon will join nine other Colorado cities in hosting the 2011 Quizno's Pro Challenge, which has been scheduled for August 22 -28. Vail is slated to host a Time Trial on August 25, while Avon will serve as the start of the stage that will take riders to Steamboat on August 26. The overall route of the 11 -city inaugural stage race is expected to be announced in early 2011. "This is tremendous news for the Vail Valley," explained Ceil Folz, president of the Vail Valley Foundation. "We have worked extremely hard over the past four years to help bring a major cycling event back to Colorado and have the Vail Valley included. We thank our partners in this effort, the Town of Vail and the Town of Avon, and look forward to working together with all of our community to host two great stages of the Quiznos Pro Challenge cycling event next summer." Spearheaded by seven -time Tour de France champion Lance Armstrong and Colorado Governor Bill Ritter, the Quizno's Pro Challenge was created to revive the legacy of the Colorado -based Coors International Bicycle Classic. The new race will be similar to the Coors Classic, with a mix of mountain, sprint and downtown stages. -- more -- Vail and Avon To Host 2011 Quizno's Pro Challenge Stages 2 -2 -2 In addition to Vail, Avon and Steamboat, other inaugural Quizno's Pro Challenge cities include Aspen, Breckenridge, Colorado Springs, Crested Butte, Denver, Golden, Gunnison and Salida. The Vail and Avon stages will be coordinated and hosted by the Vail Valley Foundation, the Town of Vail and the Town of Avon, along with additional interested individuals and organizations throughout the valley. "Vail has a legacy of hosting world class events," offered Vail Mayor Dick Cleveland, "from international ski and outdoor adventure competitions to renowned culinary events. Everything we embark on, we do with a commitment to quality and excellence." "The acquisition of the Quizno's Pro Challenge is a sensational opportunity for the Town of Avon and the Vail Valley" added Avon Mayor Ron Wolfe. "Avon offers a beautiful setting and an ideal venue for a tour of this stature. The Avon community is delighted to have been selected to host a stage start for this professional cycling tour." Vail served as the site of annual criterium and time trial races for the Coors Classic from 1978 -1988. The Coors Classic became the fourth largest cycling event in the world behind the Vuelta de Espana, Giro d'Italia and Tour de France. Although professional road cycling left the valley in 1988, the Vail Valley Foundation brought international mountain bike racing to the valley with the 1992 UCI World Cup Finals, while also securing the 1994 and 2001 World Mountain Bike Championships. In between, the valley also played host to five World Cup Mountain Bike events in anticipation of both World Championships. The 11 official stage start and finish communities that have been selected for the 2011 race include: The 2011 Ouiznos Pro Challenge Stages August 22 — Stage 1, Prologue time trial, Colorado Springs August 23 —Stage 2, Salida to Crested Butte, mountain -top finish August 24 —Stage 3, Gunnison to Aspen, mountain stage August 25 — Stage 4, Vail, time trail, former Coors Classic stage August 26 — Stage 5, Avon to Steamboat Springs August 27 — Stage 6, Steamboat Springs to Breckenridge August 28 — Stage 7, Golden to Denver - -more- Vail and Avon To Host 2011 Quizno's Pro Challenge Stages 3 -3 -3 "We are excited to welcome sports fans and the international cycling community to many of Colorado's most beautiful regions," said Governor Ritter. "The Quiznos Pro Challenge will provide a majestic tour of many of the state's natural treasures while becoming the battleground for one of the world's most intense competitions." To keep in touch with the latest news and updates on the Quiznos Pro Challenge, visit www.quiznosprochallenize.com. - -30 -- rd ff�: hi, HOST VENUE REQUEST FOR PROPOSAL Ir EVENT OVERVIEW Quiznos, pioneer of the toasted sandwich and one of the nation's premier restaurant chains for sandwiches, salads and soups, and Lance Armstrong, legendary road - racing cyclist and seven -time Tour de France champion, today officially announced plans to hold an international pro - cycling competition in Colorado, August 22 -28, 2011. Titled the "Quiznos Pro Challenge ", the race is expected to become one of the most significant international pro - cycling events worldwide. The event will reinvigorate the legacy of the Colorado -based Coors International Bicycle Classic, which stood as the pre- eminent international pro - cycling event in North America from 1979 -1988. Last year, Armstrong began working with Colorado State Governor Bill Ritter to bring international pro - cycling back to Colorado. "Lance and I were committed to bringing this stage race to fruition in 2011, and today's announcement is a great victory for Colorado and the sport of cycling," said Ritter. In addition to taking a leadership role in planning the Quiznos Pro Challenge, Armstrong is an equity partner in the event and has confirmed plans to compete. Full details regarding his role will be announced in the coming weeks. "I'm very excited about the Quiznos Pro Challenge set for August 2011," said Armstrong. "What started out as a 'daydream' of mine on a long ride outside of Aspen will now become a reality. This race, although new, is already rich in history as is Colorado's storied cycling background — a perfect way to honor our past champions and highlight our future ones." The world's top professional cyclists and teams are expected to compete, including several North American teams. The seven -day race will likely include a mix of mountainous, sprint and downtown stages, highlighting the beauty of Colorado and its communities. Current plans would showcase Denver, the Colorado state capital, as either the start or finish location of the event with other host locations announced at a later date. The Quiznos Pro Challenge will be sanctioned by USA Cycling and the International Cycling Union (UCI). The event will be managed by Medalist Sports. "The Quiznos Pro Challenge is an exciting opportunity to bring the next generation of cycling to life," said Quiznos Pro Challenge General Manager Joe Moller. "We are looking at the race as an opportunity to introduce a whole new audience to pro cycling through all the technologies available to us today." The Quiznos Pro Challenge will utilize a public - private model, joining both the State of Colorado, host cities and the event's corporate partners to create an incredible professional sporting event, while supporting the Pro Challenge's other objectives of promoting a healthy lifestyle, educating our youth about health and wellness and showcasing the beauty of the Colorado. CYCLING TOUR SUCCESSES AND HIGHLIGHTS A Since its inception in 2006, the Amgen Tour of California has produced TburofCafffomia more than 3 million spectators and over $300 million dollar economic impact. 96556k In just three years, the Tour of Missouri has produced more than 1.3 million spectators and $112.2 million dollars in economic impact. TOUR 67C,-) In just six years, the Tour de Georgia produced more than 3.2 million GEORGIA spectators and over $186.6 million dollars in direct economic Presented byW. aw impact. `F O#'du"lztz a A TOUR BY THE NUMBERS ■ 500,000 to 1 million on -site spectators rt.,.. ■ Over 120 world -class athletes representing 24+ countries ■ 150 team support personnel ■ Over 600 official staff, utilizing over 400 hotels rooms nightly and 150 vehicles ■ Over 500 credentialed media resulting in millions of world -wide impressions ■ Over 4,000 total volunteers CYCLING TOUR STATISTICS 2010 Amgen Tour of California • Largest annual spectator sporting event in California and largest cycling event in North America with more than 2 million spectators attending in 2010 • 16 World Class Team with 128 riders representing 24 countries • Over 3.5 billion on -line, print and television impressions worldwide • 27 hours of race coverage on Versus • More than 1,650,000, Unique visitors to the official tour website • 8,500 Twitter and 10,500 Facebook followers • More than 760,000 visitors to the on -line Tour Tracker • 31 minutes average time spent watching tour video on the Tour Tracker • More than 1,000 person event entourage (including riders, event staff and media) • More than 5,000 volunteers • 2010 Amgen Tour of California Champion: Michael Rogers, Team HTC Columbia • 2010 Overall Team Winner: Garmin Transitions 2009 Tour of Missouri • 500,000 + spectators over the week • More than 50,000 pieces of collateral handed out at twelve start and finish sites • Total Countries viewing live web casts: 168 • National TV viewers: 5.6 million on Versus • Regional TV viewers on FOX Midwest/KC (nine states), combined daily through 7 days: 1.4 million • Video News releases viewed: 26 countries (distributed by Reuters TV, AP TV- through Tour) • Video News Releases on local affiliates in: 12 states • Total estimated newspaper impressions: 483 million, highlighted with mentions and articles • Total estimated magazine impressions: est. 5.3 million, highlighted with photos and articles THE SPORT OF CYCLING • Cycling is America's largest lifestyle sport with 37 million participants — more than golf, tennis, skiing or snowboarding. • Cycling is an important part of a healthy active lifestyle — social, environmentally - friendly and fun. • The median household income for cyclists is $75,000, about 70% higher than the US average. (75% are college graduates). • The total number of cyclists in America is growing at 5% per annum. • Cyclists and cycling fans spend an average of $2,300 per year on cycling - related travel or vacations and are disproportionately likely to travel to watch or participate in races and rides. • Active commuting that incorporates cycling and walking is associated with a reduction in health risk. • There are more than 5 million who use a bike as their main vehicle for commuting. • Cyclists spend an average of $3,800 on their road bike. • The U.S. bicycle industry had $6 billion in sales in 2008. • The sport of cycling is experiencing unprecedented growth with the popularity of Lance Armstrong. • Many of the top cyclists in the world are from the United States including George Hincapie, Levi Leipheimer, Chris Horner, Christian Vande Velde, Dave Zabriskie, Freddie Rodriguez and more. • There is no better sporting event to showcase a region, reach a broad, active lifestyle audience and build local awareness than a stage race cycling event. 7 ABOUT THE RACE ORGANIZERS Now in its 30th year, Denver -based Quiznos is a national chain designed for today's busy consumers who are looking for a tasty, freshly prepared alternative to traditional fast -food restaurants. Using mostly premium ingredients, Quiznos' nearly 4,000 restaurants offer creative, chef - inspired recipes for sandwiches, soups and salads. CNN Money ranked toasty sub pioneer Quiznos as the No. 2 most popular franchise of the past decade in 2010. In 2009, Quiznos' Toasty Torpedoes earned a spot as one of the top 10 new product introductions from the Most Memorable New Product Launch Survey. Also in 2009, QSR Magazine ranked Quiznos No. 19 overall in its Top 50 Chains in system -wide sales. In October 2007, Quiznos was recognized for leading the QSR industry in wait time performance by the Mystery Shopping Providers Association's (MSPA) 2007 Wait Time Study. In May 2007, Zagat's consumer surveys listed Quiznos in the top 5 for Top Food, Top Facilities, Top Service and Top Overall, ahead of its direct competitors. For further information, please visit www.guiznos.com me alistsP Rrs Medalist Sports, Inc. located just south of metro Atlanta, is a full - service sports management company with over 40 years collective experience in the planning, promotion and marketing of sporting and cause - related events. Medalist is the premiere company managing multi -day, multi - jurisdiction professional cycling events in North America. Medalist Sports is currently the event management group for the Amgen Tour of California, USA Cycling Professional Championships, LIVESTRONG Challenge Series for the Lance Armstrong Foundation, The Dempsey Challenge presented by AMGEN and Be The Match Foundation's, Be The One Run. For the Quiznos Pro Challenge, Medalist will run point on the operations, logistics, LOC development/management, competition and overall production of the Tour, while support the marketing, public relations and sponsorship functions. Medalist Sports has organized numerous top international sporting events, including elite cycling events the Tour de Trump (1989 -90), Tour DuPont (1991 -96), Tour of Missouri (2007 -09), Tour of Georgia (2003- 08), Amgen Tour of California (2006 - present), Tour of Missouri (2007 - present), as well as five Olympics Games, multiple Olympic Trials and three Goodwill Games. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager _ Approved: Sally Vecchio, Asst. Town Manager — Community Development From: Justin Hildreth P.E., Town Engineer pie- Date: November 4, 2010 Re: Update on Stone Creek Elementary School and $75M Grant for Bus Facility Improvements at Swift Gulch Summary: The Village (at Avon) dedicated Lot 5, Village (at Avon), a 4 acre site adjacent to Home Depot, to the Town of Avon (Town) for a public works facility. In 2006, the Avon Town Council entered into a one -year lease agreement with Stone Creek Elementary School to occupy Lot 5. Since that time, the lease term has been extended twice to June 30, 2011. Recently, the Town was notified that it received a $7,500,000 grant from the Federal Transit Administration (FTA) to improve the Swift Gulch Public Works Facility located at 500 Swift Gulch Road. Staff is anticipating that the Town will receive an additional grant for the construction of a bus storage facility at Swift Gulch. Discussion: The work related to the grant award will require the temporary relocation of all Public Works operations with the exception of the transit facilities and the fleet maintenance operations. The only Town -owned property that can accommodate these operations is Lot 5, Village (at Avon). That property is currently occupied by Stone Creek Elementary School. Therefore, Staff has been looking for other sites to temporarily house the Public Works operations. One potential site is Lots 1A and 16, Buck Creek PUD, which is on the north side of Nottingham Road between Swift Gulch Road and Buck Creek Road. The site is 4.3 acres and large enough to accommodate the Public Works Operations. The Eagle River Fire Protection District ( ERFPD) owns lot 1A and Tanavon owns Lot 1B. There will be some additional costs associated with locating at the Buck Creek PUD site that would not be required on the Lot 5 site. These costs total $289,302 and are summarized in Exhibit A, including constructing a paved vehicle turn around, screening fence, and utility taps and services. The utility tap and service are included because they cannot be transferred to a different property or tap. The Town did pay the utility tap and investment fees for Lot 5 in 2006 to accommodate construction of the Stone Creek Elementary School. The ERFPD has requested the Town conduct an Environmental Site Assessment after the Town vacates the property because oil and fuels will be used on the site, and waive future building permit fees for the construction of the fire station which is planned to be constructed on Lot 16. The cost estimate does not include expenses that would be incurred if the Public Works operations were to occupy Lot 5, such as restrooms or work trailers. Recommendations: Staff needs direction from Town Council on how to proceed with negotiations with Stone Creek Elementary School and the preparation of a multi -party agreement, a preliminary draft is attached as Exhibit B. If Town Council directs Staff to negotiate a multi -party agreement, the agreement must be executed by February 1, 2011 in order to meet the projected deadline for the grant. Although the expenses listed in Exhibit A are not all immediate, the security for them should be rightfully obtained when the agreement is executed. Staff recommends that Stone Creek Elementary School pay the additional expenses the Town will incur for the Public Works operations to be located at the Buck Creek PUD site because they are not eligible for reimbursement as part of the FTA grant since they cover Public Works operations. Representatives of Stone Creek Elementary School will be present at the Town Council meeting to answer any questions regarding its options for relocation of the school. Town Manager Comments: Z::�� Attachments: Exhibit A - List of required improvements in order for Lots 1A and 1B, Buck Creek P.U.D. be used as the Public Works facility temporary staging site. Exhibit B - Preliminary Draft, Multi -Party Lease Agreement EXHIBIT A List of required improvements in order for Lots 1A and 1 B, Buck Creek P.U.D. be used as the Public Works facility temporary staging site. Columnl 6" Gravel for Parking Lot Quantity 971 Ton 25 $ 24,286 Site Grading 2000 CY 3 $ 6,000 6" Asphalt Turnaround 180 Ton 95 $ 17,100 Sewer Service 1 unit 3200 $ 3,200 Sewer Tap (0.75 ") 1 unit 10180 $ 10,180 Water Tap (0.75 ") 1 unit 11900 $ 11,900 Electrical 1 LS 15000 $ 15,000 Plant Investment Fee 1 LS 7254 $ 7,254 Town of Avon Tap Fee 1 LS 6000 $ 6,000 Screen Fence 700 FT 40 $ 28,000 Remove Gravel 971 Ton 15 $ 14,571 Site Revegetation 91476 FT2 0.25 $ 22,869 Erosion Control 15000 LS 1 $ 15,000 Construction Subtotal $ 181,360 200A Contingency $ 36,272 Building Permit Fees 1 LS 56670 $ 56,670 Phase II ESA 1 LS 15000 $ 15,000 Total $ 289,302 Transformer is being installed as part of public infrastructure EXHIBIT B PRELIMINARY DRAFT MULTI -PARTY LEASE AGREEMENT This Multi -Party Lease Agreement ( "Agreement') is entered into on November , 2010 by and between the Town of Avon, a Colorado Home Rule municipal corporation ( "Avon "), Stone Creek Charter School ( "SCCS "), Eagle River Fire Protection District ( "ERFPD "), and Tanavon Corporation ( "Tanavon "). RECITALS SCCS desires to extend the current lease for Lot 5, Filing 1, Village at Avon Final Plat ( "Lot 5 ") for the next several years. Avon needs to use approximately four acres of land for staging purposes for restoration and improvements to the Swift Gulch public works facility and the construction of a regional bus maintenance facility. In the interest of promoting the public good and well -being of the Avon community, ERFPD and Tanavon are willing to lease land to Avon to provide a substitute public works staging area located on the Buck Creek -PUD property ('Buck Creek Site "). SCCS is willing to pay funds to Avon to improve the Buck Creek Site as required to provide a substitute public works staging area with similar utilities, access, grading and other related characteristics as exist on Lot 5. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. ERFPRD Lease: On or before February 1, 2011, ERFPD agrees to execute the lease for Lot 1A, Final Plat, Buck Creek PUD ( "Lot 1A"), to Avon as set forth in Exhibit A: Avon -ERFPD Lease attached to this Agreement. [Term of lease to expire August 31, 2013]. 2. Tanavon Lease: On or before February 1, 2011, Tanavon agrees to execute the lease for Lot 1 B, Final Plat, Buck Creek PUD ( "Lot 1 B "), to Avon as set forth in Exhibit B: Avon - Tanavon Lease attached to this Agreement. The Avon -ERFPD Lease and Avon -Oscar Lease shall collectively provide the Buck Creek Site as a substitute public work staging site. [NOTE. Both leases will contain provisions which state that Avon shall accept the responsibility and cost of cleaning up the sites at the end of the lease. Also, both leases will contain provisions that allow the improvements identified in Exhibit D to be installed. Term of lease to expire August 31, 2013.] 3. Lot 5 Lease Extension: On or before February 1, 2011 Avon agrees to execute and extend the SCCS lease for Lot 5, Filing 1, Village (at Avon) Final Plat until July 31, 2013, as such lease extension is set forth in Exhibit C: Stone Creek Charter School Lease Extension attached to this Agreement. 4. SCCS Funding Obligation: On or before February 1, 2011, SCCS agrees to pay good and sufficient funds to Avon which shall be exclusively used for required public improvements to the Buck Creek Site for use by Avon, reimbursement for waiver of future building permits required by ERFPD on Lot 1A, environmental investigation and remediation of the Lot 1A and Lot 1B, (estimated to be $282,302.00) as set forth in Exhibit D: Required Improvements to Buck Creek Site and Cost Estimates attached to this Agreement. 5. Release and Waiver of Taps: Upon expiration of the leases for Lot 1A and Lot 1 B, Avon agrees to waive and release any rights to the water and sewer taps as such have been installed to benefit Lot 1A and /or Lot 1 B. [NOTE. • The location and definition of the lot or lots benefitted and served by the water and sewer tap must be further defined.] 6. Mutual Closing: The execution of all leases, reimbursement agreement and other documents and the payment of funds by SCCS to Avon shall occur at a mutual closing ( "Mutual Closing ") at a time and place to be mutually agreed. 7. Failure of Consideration: The failure of any party to execute a required document or pay required funds described in this Agreement at the Mutual Closing shall result in a failure of consideration; in which case, this Agreement shall automatically terminate and all executed documents shall become null and void, and all funds received shall be returned. Town of Avon By: Brian Sipes, Mayor Pro-Tem Stone Creek Charter School Eagle River Fire Protection District By: Tanavon Corporation Attest: Patty McKenny, Town Clerk Attest: Attest: By: Attest: