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TC Res. No. 2004-17 APPROVING FINAL PLAT ANDTOWN OF AVON, COLORADO RESOLUTION NO. 04-17 Series of 2004 A RESOLUTION APPROVING FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE VILLAGE (at Avon) FILING 3, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek-RP LLC, the owner of the applicable portion of The Village (at Avon) has filed a Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado for approval in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, on April 27, 2004, the Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan for The Village (at Avon) Filing 3, at the conclusion of which the Town Council considered such evidence and testimony and approved the Preliminary Plan by adoption of Resolution 04-15; and WHEREAS, the Final Plat is in general conformance with the Preliminary Plan as approved by Resolution No. 04-15; and WHEREAS, the Final Plat is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, the Final Plat is subject to the terms and conditions of the P.U.D. Guide and P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, the attached Subdivision Improvements Agreement provides for the construction of the public improvements required for development of The Village (at Avon) Filing 3 Subdivision and the securities to assure completion of the public improvements as required by Section 16.24. 100 of the Avon Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 3 is in general conformance with the Preliminary Plan as approved by Town of Avon Resolution No. 04-15 and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to completion of technical corrections as identified by Town Staff and the submission to and acceptance by, the Town of Avon, of the following items prior t6recording of the Final Plat and Subdivision Improvements Agreement: A. Copy of "Resolution of Traer Creek Metropolitan District Regarding Appropriation of Funds Under Subdivision Improvements Agreement" as duly adopted and executed by District Board of Directors (Subdivision Improvements Agreement Exhibit C); and B. Construction plans, specifications and related documents for construction of public improvements as identified in Subdivision Improvements Agreement Exhibits A and, B as amended to address technical corrections identified by Town Staff; and C. Addition of drainage easements and stream setbacks to Final Plat, in accordance with Town of Avon Subdivision Regulations. ADOPTED THIS a5"- DAY OF MAY, 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Ma r ATTEST: Mc- Pa M enny, S E A to To rk - 0 J ~!0( Resolution No. 04-17 Final Plat Filing 3 V@A _ , f \Y 901429 (~t. - Page: 1 of 12 I 12/22/2004 01:44F Teak J Simonton Eagle, CO 289 R 61.00 D 0.00 TOWN OF AVON, COLORADO ORDINANCE NO. 04-17 SERIES OF 2004 AN ORDINANCE APPROVING THE THIRD AMENDMENT (THE `THIRD AMENDMENT") TO THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR THE VILLAGE (AT AVON) DATED AS OF OCTOBER 13,1998, AND RECORDED ON NOVEMBER 25, 1998, AT RECEPTION NO. 677743, AS AMENDED BY THE FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT DATED AS OF NOVEMBER 13, 2001, AND RECORDED ON DECEMBER 12, 2001, AT RECEPTION NO. 779049, AND THE SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT DATED AS OF MAY 27, 2003, AND RECORDED ON JULY 30, 2003, AT RECEPTION NO. 842248 (AS SO AMENDED, THE "DEVELOPMENT AGREEMENT"); AND AUTHORIZING AND INSTRUCTING THE MAYOR OF THE TOWN TO SIGN THE THIRD AMENDMENT ON BEHALF OF THE TOWN. WHEREAS, the Town of Avon (the "Town") and Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), and Traer Creek LLC, a Colorado limited liability company, EMD Limited Liability Company, a Colorado limited liability company (collectively, the "Owner), have negotiated the terms and conditions of the Third Amendment, which is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the Town gave proper and timely posted notice of the dates and times of the meetings at which the Town Council considered the Third Amendment; and WHEREAS, the proposed full text of this Ordinance was duly published by posting in the office of the Town Clerk and in three (3) additional public places within the Town, and said publication also set forth the date and time of the public hearing at which the Town Council considered the Third Amendment; and WHEREAS, approval of the Third Amendment is in the best interests of the public health, safety and general welfare of the people of the Town; and WHEREAS, the Town Council held a public hearing concerning the Third Amendment, and by this Ordinance sets forth its findings and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS AND CONCLUSIONS: 1. The Third Amendment complies with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article 68 of Title 24, C.R.S. 11111111111 Jill 1111111111111111111111111111 9@1429 : 2 of 12 /2004 01:44F I 129/22 Teak J Simonton Eagle, CO 289 R 61.00 D 0.00 2. All notices required for the public hearing at which the Town Council considered the Third Amendment were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 3. The public hearing held on the Third Amendment was conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. The Town has authority to enter into the Third Amendment pursuant to Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14.100 of the Avon Municipal Code. 5. Pursuant to Section 24-68-103(1), C.R.S., approval of the Third Amendment will not restrict, impair, enlarge, or otherwise modify either the term or the scope of the vested property rights associated with the Development Agreement. 6. The Town's approval of and entering into the Third Amendment is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, A. The Third Amendment 'is hereby approved, and the Town shall enter into it and perform its obligations. B. The Mayor of the Town is hereby directed to sign the Third Amendment on behalf of the Town. C. Within fourteen (14) days after passage on Second Reading of this Ordinance, the Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in a newspaper of general circulation within the Town. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section C above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this 12th day of October, 2004, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 26th day of October, 2004, at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. Town of Avon, Colorado Town Council o Albert D. Reynolds, Ma~or ATTEST: I 901429 c l 1111111111111111111111111111111111111111111111 I 1 Pa :3 of 1 2122/2004 01:44F Patty c enny, T~5 Clerk Teak J Simonton Eagle, co 289 R 61.00 0 0.00 INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED THIS A;!N DAY OF ech:~9E?- , 2004. Town of Avon, Colorado Town Council Od 4w~--&g Albert D. Reynolds, Ma r ATTEST: / 1, at~vI t 1 G j•'~iL Patty MbKenny, PYo Clerk APPROVED AS TO FORM: Jo W. Dunn, Town Attorney EXHIBIT "A' THIRD AMENDMENT - TO ANNEXATION AND DEVELOPMENT AGREEMENT This THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT (this "Third Amendment") is made as, of 0-IRr_?_a(_-o , 2004, by and between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), and the -TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town")., RECITALS A. Traer and EMD (collectively, "Owner") and the Town have previously executed that certain First Amendment to Annexation and Development Agreement dated as of November 13, 2001, and recorded in the Eagle County, Colorado, real property records at Reception No. 779049. on December 10, 2001 (the "First Amendment"), and that certain Second Amendment to Annexation and Development Agreement dated as of May 27, 2003 (the "Second Amendment"), which instruments amended that certain Annexation and Development Agreement dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real property records at-Reception No. 677743 on November 25, 1998 (the "Original Agreement"). The Original Agreement, as so amended, is referred to in this Third Amendment as the "Agreement." B. The Agreement pertains to certain real property generally known as The. Village (at Avon), and more particularly described in Exhibit A attached to the Agreement (the "Property") C: Section 1.4 of the Agreement provides, inter alia, that 'amendments to the Agreement must be effected in a writing signed by the Town and Owner-. Section 1.4 of the Agreement further provides that the term "Owner" for purposes of amending the Agreement means "only the signatories to this Agreement constituting Owner and those parties, if any, to whom such signatories have specifically granted, in writing, the power to enter into such amendment." As more particularly set forth in Recital B of the First Amendment, EMD (with respect to Planning Area M) and Traer (with respect to the remainder of the Property) constitute Owner for purposes of amending the Agreement. D. Subsequent to execution of the Agreement, portions of the Property have been subdivided as more particularly described in the Final Plat, The Village (at Avon) Filing 1, recorded in the Eagle County, Colorado, real property records on May 8, 2002, at Reception No. 795007 ("Filing 1"), the Final Plat, The Village (at Avon) Filing 2, recorded in the Eagle County, Colorado, real property records on May 29, 2002, at Reception No. 796831 ("-Filing 2"), and the Final Plat The Village (at Avon) Filing 3, recorded in the Eagle County, Colorado, real property records on June 24, 2004, at Reception No. 882176 ("Filing 3"). Additionally, certain portions of the Property have been conveyed to other entities and individuals so that the current 901429 1111111111111111111111111111111111111111111111111111111 Page : 4. of . 12 12/22/2004.01:44F 6283113 Teak J Simonton Eagle, CO 289 R 61.00 1 0 0.00 owners of the Property as of the date of this Third Amendment are: EMD; Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"); Traer Creek-WMT LLC; Traer Creek-HD LLC; Traer Creek-RP LLC; Buffalo Ridge Affordable Housing Corporation; Buffalo Ridge II LLLP; Eric Applegate; Guy Erickson; Dave Kautz; Dannie Corcoran; Daniel J. Leary; the Town of Avon; and the Colorado Department of Transportation, as their respective interests appear of record. E. Each of the conveyances referred to in Recital D above was made subject to the terms and conditions of the Agreement, including, without limitation, Section 1.4 of the Agreement. None of the conveyances referred to in Recital D above were accompanied by a specific written grant of the power to amend the Agreement as provided in Section 1.4 of the Agreement. Accordingly, with the exception of the Town, EMD and Traer, no owner of any real property constituting the Property or other person or entity has been granted any power to amend the Agreement. As provided in Section 1.4 of the Agreement, no person or entity other than the Town, EMD and Traer is required to execute or acknowledge an amendment to the Agreement as a condition of such amendment being effective and binding on all parties to the Agreement and all owners of real property constituting the Property. F. The District, while not an Owner for purposes of amending the Agreement, has expressly assumed and undertaken the performance of certain obligations of the Owner under the Agreement, as more particularly set forth in the First Amendment. G. The Town, the District and Owners have determined and agreed that the following circumstances and changed conditions, among others, require further amendment of the Agreement in order to more fully and accurately reflect and implement the original intent of the parties thereto: (I) the original formula for calculation of the police services component of the Municipal Services Invoice as set forth in Section 4.10(a)(iv) of the Agreement has, in practice, failed to produce a result that is consistent with the parties' intent of accurately reflecting on an annual basis the Town's actual cost of providing police services to the Project; (II) due to the current pace of development within the Project and other changed circumstances, the timing of the Phase 3 Improvements and the Phase 4 Improvements as set forth in Sections 4.3(b)(iii) and 4.3(b)(iv) of the Agreement is no longer appropriate or desirable. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the Town and Owner, as more particularly set forth herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Town and Owner covenant and agree as follows: 1. Defined Terms. Unless otherwise defined in this Third Amendment, capitalized terms used herein shall have the meanings ascribed to them in the Agreement. 901429 1'44F 289 R 61.00 29ZZD 0 06 Teak J Simonton Eagle, CO 628311.3 2 901429 Page: 6 of 12 1111111111111111111111111111111111111111 12/22/2004 01:44F Teak J Simonton Eagle, Co 299 R 61.00 D 0.00 2. Amendments. The Agreement is hereby modified as follows: (a) Section 1.1.16 is amended and restated to read in its entirety as follows: 1.1.16 Exhibits: The following Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A - Legal Description of the Property Exhibit B - Police Services Methodology (b) A new Section 1.1.27(a) is inserted (after existing Section 1.1.27 and before existing Section 1.1.28) to read in its entirety as follows: 1.1.27(a) Police Services Methodology: The agreed upon methodology for calculation of the Town's annual cost of providing police services to the Project, as generally described in Section 4.5(a) and specifically set forth in the spreadsheet entitled Calculation of Police Services Village (at Avon) 2005 Projected Budgeted Revenues, a copy of which is attached as Exhibit B of this Agreement, and which shall apply to the calculation of the police services component for the period commencing July 1, 2004, and continuing through the term of this Agreement. (c) Sections 4.3(b)(iii) and 4.3 b iv are amended and restated to read in their entirety as follows: (iii) Phase 3 of the East Beaver Creek Boulevard Improvements (the "Phase 3 Improvements") shall consist of the following improvements to the segment of East Beaver Creek Boulevard between the western terminus of Beaver Creek Place and the western boundary of The Village (at Avon): (A) construction of a two-lane roadway with a third auxiliary lane at intersections and access points; (B) streetscape improvements to the segment between the western terminus and the eastern terminus of Beaver Creek Place, which improvements shall be in general conformance with the East Beaver Creek Boulevard Streetscape Improvement Plans dated April 2000, prepared by Inter-Mountain Engineering, Ltd. for the Town of Avon; and (C) streetscape improvements to the segment between the eastern terminus of Beaver Creek Place and the western boundary of The Village (at Avon), which improvements shall be in general conformance with the streetscape improvements within Planning Area A. Subject to the Town's timely issuance of the requisite permits, the District shall commence the Phase 3 Improvements by April 15, 2009, and shall employ commercially reasonable efforts to cause completion of the Phase 3 Improvements on or before December 31, 2009; provided, however, that in the event of an earlier re-subdivision of any area within Planning Areas A through F, inclusive, as depicted in The Village (at Avon) PUD Development Plan Administrative Amendment No. 1, dated May 21, 2001, and recorded in the Office of the Eagle County Clerk and Recorder on July 31, 2001, at Reception No. 763439, the District shall commence the Phase 3 Improvements by April 15, and shall employ commercially reasonable efforts to cause completion thereof by December 31, of the year immediately following the recordation of any final subdivision plat which re- subdivides any such area. 6283113 (iv) Phase 4 of the East Beaver Creek Boulevard Improvements (the "Phase 4 Improvements") shall consist of converting the Phase 2 Improvements from temporary to permanent by the construction of (A) a permanent extension from the east terminus of Beaver Creek Place to the Highway 6 Connector Road in accordance with the road standards set forth in Section 1.5 of the PUD Guide, and (B) final design and construction of a connection to Chapel Place. The District shall cause the Phase 4 Improvements to be commenced and completed in accordance with the subdivision process involving Planning Areas A through F and H through J, as depicted in The Village (at Avon) PUD Development Plan Administrative Amendment No. 1, dated May 21, 2001, and recorded in the Office of the Eagle County Clerk and Recorder on July 31, 2001, at Reception No. 763439. (d) Section 4.10(a)(iv) is amended and restated to read in its entirety as follows: (iv) With respect to the Town's annual cost of providing police services to the Project for the period commencing July 1, 2004, and continuing through the term of this Agreement, the applicable Municipal Services Invoice shall set forth the Town's calculation pursuant to the Police Services Methodology. The percentage of time allocated to the patrol factor calculation (35%) and the percentage of time allocated to the service call factor calculation (65%) shall remain constant from year to year. However, in connection with preparing the Municipal Services Invoice for each upcoming year, the Town shall update the following components of the Police Services Methodology annually: (A) the total direct costs for the patrol factor calculation; (B) the ratio of Project lane miles to total lane miles within the Town's municipal boundaries (expressed as a percentage); (C) the total direct costs for the service call factor calculation; (D) the ratio of service calls within the Project to total service calls within the Town's municipal boundaries (expressed as a percentage); (E) the total indirect costs for the preparedness, administration and support factor calculation; and (F) the ratio of residential dwelling units and commercial square footage within the Project to total residential dwelling units and commercial square footage within the Town's municipal boundaries (expressed as a percentage representing the average between the residential dwelling unit ratio and the commercial square footage ratio). The annual update described above shall be subject to reconciliation and audit pursuant to the procedures described in Sections 4.10(e) and 4.10(f). (e) Pursuant to the terms of Section 6.8, the parties hereby designate the following addresses for notice or communication in substitution of the addresses originally set forth in Section 6.8 (the substantive provisions of Section 6.8 being unaffected hereby): 9@1429 If to Town: 11111111111111111111111 11ii 111illi Page: 7 °f 12 12/22/2004 01:44F Teak J Simonton Eagle, CO 289 R 61.00 D 0.00 Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 629311 3 4 i 111111111111,1111111 901429 i Page: 8 of 12 I 12/22/2004 01:44F Teak J Simonton Eagle, CO 2Bg R 61.00 0 0.00 Attn: Town Manager With a copy to: Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 Attn: Town Attorney If to Owner by mail delivery: Traer Creek LLC EMD Limited Liability Company P.O. Box 640 Vail, Colorado 81658 Attn: Magnus Lindholm Or, for delivery other than by mail: Traer Creek LLC EMD Limited Liability Company 0322 East Beaver Creek Blvd. Avon, Colorado 81620 Attn: Magnus Lindholm With a copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street, Suite 1600 Denver, Colorado 80202 Attn: Thomas J. Ragonetti, Esq. and Munsey L. Ayers, Esq. If to the District: Traer Creek Metropolitan District c/o McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, Colorado 80202 Attn: Darlene Sisneros, Esq. 3. Effect of Amendment. Except as expressly modified by this Third Amendment, the Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in full force and effect in accordance with its terms. If there is any inconsistency between the terms of the Agreement and the terms of this Third Amendment, the provisions of this Third Amendment shall govern and control. 6283113 5 4. GoverningzLaw. This Third Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. 5. Counterparts. This Third Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Town and Owner have executed this Third Amendment as of the day and year first set forth above. OWNER: TRAER CREEK LLC, a Colorado limited liability company B Name: Magnu indholm Title: Manager EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By: LAVA CORPORATION, a Colorado corporation, its Manager Name: Magnu indholm Title: President 111111 Jill 1111 901429 I Page: 9 of 12 2/22/2004 01:44F I I 1 Teak J Simonton Eagle, CO 289 R 61.00 D 0.00 628311 3 6 THE TOWN: Approved as to legal form by: TOWN OF AVON, a municipal corporation of the State of Colorado Name: Albert D. Reynolds Title: Mayor Name: John Dunn Title: Town Attorney AND IN WITNESS WHEREOF, the District hereby acknowledges and agrees to perform its obligations under the Agreement, as modified by this Third Amendment. THE DISTRICT: ATTEST: TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: Name: Daniel J. Lepyf Title: President 901429 Page: 10 o 12 2/22/2004f 01:44F 11111111111111111111111111111111111111 ( 1111111111111 1 k J Simonton Eagle, CO 289 R 61.00 D 0.00 628311.3 7 STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ./d day of s-~►'►~~, 200 l_, by Magnus Lindholm as Manager of Traer Creek LL,C, a Colorado limited liability company. Witness my hand and official seal. ~ER1E @,q My commission expires: 1 3 - Q Notary Public 'AvB~~G LORADO ) ss: MY 4 GLE ) The foregoing instrument was acknowledged before me this day of "~W _ e_hy%b ,r., 200 , by Magnus Lindholm, as President of LAVA Corporation, a _ _ ,Qrporation, as Manager of EMD Limited Liability Company, a Colorado limited 0-9-pTA.0 Nitness my hand and official seal. commission expires: ' 13 - d Co .N.A jr ~c ol0 Notary Public V-16C... ~ssionExpim 1=2006 901429 1 i - M..- - ~TATE.OF COLORADO Page: 11 of 12 ) 12/22/2004 61:44F ss: Teak J Simonton Eagle, CO 289 R 61.00 - D 0.00 COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 9t - day of 200' , by Albert J. Reynolds as Mayor of the Town of Avon, a municipal corporation of the State of Colorado. Witness my hand and official. My commission expires: ~ g- blo v oIAoq Q. 628311.3 ) ••.••OPQ" C COL No 7~ 8 My Commission Expires 04M M STATE OF COLORADO COUNTY OF EAGLE ss: The foregoing instrument was acknowledged before me this / 6 day of Z)ecemt t~ , 200_4, by Daniel J. Leary as President of Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: 1-1 -a 3- O G 1-' ' IOTA q • %°C~ ~G•'o° y o Co,-oPP myy wa 1Yr2sm Notary Public 9 Page: 12 of 0142912 Teak J Simonton Eagle, COI P9 R 12/22/2004 01:44F 61.00 0 0.00 6283113 9 Exhibit "B" To Third Amendment To Annexation & Development Agreement Calculation of Police Services Village at (Avon) 2005 Projected Budgeted Revenues Town of Avon Statistics Total Weighted Average Town Lane Miles - 2005 49.39 Total Weighted Average Village Lane Miles - 2005 10.42 Ratio of Village/Town Lane Miles - 2005 21.10% Total Town Calls for Service - 2005 14,611 Total Village Calls for Service - 2005 1,008 Ratio of VillagrJ Town Calls for Service - 2005 6.90% Total Town Residential Dwelling Units -12/31 /05 3,528 Total Village Residential Dwelling Units - 12/31/05 244 Ratio of VilhigeJTown Residential Units 6,92% Total Town Commercial Square Footage-12/31/05 1,661,793 Total Village Commercial Square Footage -12/31/05 322,853 Ratio of VillagefTown Square Footage 19.43% Calculation of Police Services - 2005 Budget Patrol Factor Calculation Direct Costs - 2005: Personnel Costs - Patrol $ 949,124 Gas, Fleet Maint., & Fleet Replacement Charges - Patrol 120,073 Vail Dispatch Services 181,094 1,250,291 % Direct Time Involved in Patrolling Streets and Self-initiated Calls for Service is 35.00% 437,602 Ratio of Village Lane Miles to Total Lane Miles x 21.10% Total Patrol Factor $ 92,323 Service Call Factor Calculation Direct Costs - 2005: Personnel Costs - Patrol $ 949,124 Gas, Fleet Maint., & Fleet Replacement Charges - Patrol 120,073 Vail Dispatch Services 181,094 1,250,291 % Direct Time Involved in Responding to Calls for Service x 65.00% 812,689 Personnel Costs - Investigations 80,340 Gas, Fleet Maint., & Fleet Replacement Charges - Invest. 10,966 903,995 Ratio of Village/Town Calls for Service x 6.90% Total Calls for Service Factor $ 62,366 Preparedness, Administration & Support Factor Indirect Costs - 2005: Administration Budget S 278,010 Indirect Patrol Costs 75,159 Indirect Investigations Costs 6,418 359,587 Average of Residential DUs & Commercial Square Feet x 13.17% Total Preparedness, Administration & Support Factor $ 47,365 Total Police Services Cost - 2005 $ 20_053 9/812004 12:55 PM EXHIBIT "B" ~ Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Date: May 20, 2004 Re: The Village (at Avon) Filing 3 - Final Plat and Subdivision Improvements Agreement / Resolution No. 04-17, Series of 2004 Summa : Traer Creek-RP LLC has submitted a Final Plat and related - Subdivision Improvements Agreement (SIA) for The Village (at Avon) Filing 3. This is a subdivision of a parcel of land located in the Southeast I/4 of Section 7 and in the West %z of the Southwest I/4 of Section 8, Township 5 South, Range 81 West of the 6`h Principal Meridian in the Town of Avon, Eagle County, Colorado. This area includes all or portions of the-P.U.D. Planning areas OS-5, N, G and RMF-1. The submittal includes construction plans for the extension of Swift Gulch Road and corresponding Bike- Path from Buffalo Ridge (Filing 2) to Post Boulevard north of the new I-70 Interchange. Traer Creek Metropolitan District will be a party to the SIA in addition to Traer Creek-RP LLC. The Final Plat is in conformance with the Preliminary Plan that was previously approved by Resolution No. 04-15, Series of 2004. The Subdivision Improvements Agreement provides for construction of the public improvements required to serve the proposed subdivision and for the provision of securities to assure completion of the improvements. The SIA also establishes guidelines for quality control, release of securities as construction is completed and establishes the warranty period for the completed improvements. The public improvements generally consisting of streets, roads, water, sewer and stone drainage facilities will be constructed by Traer Creek Metropolitan District. The security for the completion of these improvements will be in the form of a District Fund in an amount equal to the cost of the improvements estimated at $3,324,003 and established solely for this purpose. This fund will be established by a "Resolution of Traer Creek } Metropolitan District Regarding Appropriation of Funds Under Subdivision Improvements Agreement" (Exhibit C) to the Subdivision Improvements Agreement. lAEngineeringWvon Village44.0 Filing 344.5 Final Plat\4.5.2 Permits & ApprovalARes 04-17 Approval Memo.Doc The proposed Final Plat and SIA are in conformance with the Annexation and Development Agreement, The Village (at Avon) P.U.D. Guide and P.U.D. Development Plan as Amended and has no effect on existing zoning. Approval of this Final_ Plat and SIA is.recommended. Recommendations:., Approve Resolution No. 04-17, Series of 2004, A Resolution Approving Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 04-17, Series of 2004, A Resolution Approving Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 3, Town of Avon, Eagle County, Colorado. Town Manager_ Comments: 0~ lAEngineeringWvon Village14.0 Filing 3\1.5 Final Plat\4.5.2 Permits & Approvals\Res 04-17 Approval Memo-Doc 2