08-08-2016 Compliance Agreement for Legend of Ulele Sculpture installed by Hoffman Commercial Real Estate, LLCAvon
COLORADO
Compliance Agreement for Legend of Ulele Sculpture installed by Hoffmann Commercial Real Estate, LLC in
Avon, Colorado
This Compliance Agreement ( "Agreement ") is made by and between the Town of Avon, a Colorado Home Rule
municipality ( "Town ") and Hoffmann Commercial Real Estate, LLC ( "HCRE ") on#fgast5-,-2e46- (� (
Auw5l?, 101[b
WHEREAS, the Town has authority to enter into this Agreement pursuant to Section 7.04.2oo(h) of the Avon
Municipal Code; and,
WHEREAS, HCRE manages certain commercial property located at 220 Chapel Place, Avon, Colorado (the
"Property "), and HCRE has performed work on the Property which the Town has alleged may be in violation of
the Town of Avon's Development Code; and,
WHEREAS, HCRE denies that it is in violation of the Avon Municipal Code; and,
WHEREAS, the Town and HCRE desire to enter into this Agreement to resolve any issues and resolve amicably
the alleged violations of the Avon Municipal Code.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. HCRE performed the following work on the Property which the Town alleges maybe in violation of the Avon
Development Code, as adopted in Title 7 and Title 12, Avon Municipal Code:
• Removal of light fixture and new construction of statue base and lighting, and Installation of the
bronze sculpture, "Legend of Ulele", in Chapel Square PUD. (Exhibit A- Survey of Improvements)
2. HCRE agrees to one of the following options by not later than February 5, 2017: a) Provide to the Town a
completed bid and contract to remove the Legend of Ulele and completely restore the Property to pre-
existing condition by not later than May 1, 2017 or b) Obtain necessary approvals for improvements as
constructed or with modifications for the Legend of Ulele to remain in its current location.
3. Pursuant to Avon Development Code Section 7.04.2oo(h) the time for correction of violations shall not
exceed six months (February 4, 2017) without approval of the Town Council; therefore HCRE shall comply
with stipulations of this Compliance Agreement by February 2, 2017.
4. Town Manager agrees to defer referring the alleged violation to the Town Attorney for potential
enforcement during the period of this Agreement. So long as HCRE Is in compliance with this Agreement,
no violation of the Avon Municipal Code shall be deemed to have occurred. If HCRE fails to comply with any
material condition in this Agreement and such failure is not cured within ten (1o) days of receipt of written
notice from the Town, then the Town may revoke this Agreement to defer prosecution of the alleged
violation and may proceed with prosecution of the alleged violations of the Avon Municipal Code in the Avon
Municipal Court, with potential fines up to three thousand and two hundred ($3,200) per day the alleged
violation(s) occurs.
Compliance Agreement Understood, Agreed and Executed:
Hoffmann Commercial Real Estate, LLC
By: o V 0 ((O
g H a , Manager Date
Compliance Agreement Town of Avon - Hoffmann Commercial Real Estate, LLC
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Town of Avon
ay: !C
_ _ y D
Virginia Egger, To n a agar Date
Exhibit A — Survey of Improvements
Compliance Agreement Town of Avon - Hoffmann Commercial Real Estate, LLC
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Compliance Agreement Town of Avon - Hoffmann Commercial Real Estate, LLC
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