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05-03-2017 Termination of Protective Covenants for Benchmark at Beaver Creek SubdivisionTERMINATION OF PROTECTIVE COVENANTS FOR BENCHMARK AT BEAVER CREEK SUBDIVISION THIS TERMINATION OF PROTECTIVE COVENANTS FOR BENCHMARK AT BEAVER CREEK SUBDIVISION (this "Termination") is made and entered into on May 3, 2017 by the Town of Avon, Colorado, a Colorado home rule municipal corporation acting on behalf of the "Benchmark at Beaver Creek Owners" and the "Benchmark at Beaver Creek Landowners Committee" (as those terms are hereinafter defined). RECITALS WHEREAS, pursuant to that certain Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision recorded February 27, 1974 in Book 233 at Page 565 of the Eagle County, Colorado real property records, as amended, restated and modified by the instruments listed in Exhibit A attached hereto and made a part hereof (the Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision, together with all amendments and modifications thereto, are hereinafter collectively referred to as the "Declaration"), certain conditions, stipulations, agreements, limitations, restrictions and uses have been made and placed of record as restrictive and protective covenants (collectively, the "Protective Covenants") running with title to the real property known as Benchmark at Beaver Creek Subdivision, as such land is identified and depicted in those certain plats recorded in the real property records of Eagle County, Colorado that are listed in Exhibit B attached hereto and made a part hereof (the "Subdivision"); and WHEREAS, pursuant to the Declaration, the Protective Covenants may be abandoned, terminated, amended, altered, revoked or modified, as applicable, by either (i) the written consent of the owners of at least 51% of the land within the Subdivision (the "Benchmark at Beaver Creek Owners"), and/or (ii) the written approval of at least a 4/5ths majority vote of the Landowners Committee comprised of five individual owners in the Subdivision who are duly elected by the owners of at least 51% of the land within the Subdivision (the "Benchmark at Beaver Creek Landowners Committee") as evidenced by the Town of Avon meeting minutes attached as Exhibit C; and WHEREAS, pursuant to the Declaration, the Benchmark at Beaver Creek Owners have by written consent pursuant to a duly held election, and the duly elected Benchmark at Beaver Creek Landowners Committee has by at least a 4/5 majority vote, agreed and elected to terminate, abandon, and revoke the Protective Covenants in accordance with this Termination, as evidenced by the Landowners Committee meeting minutes of May 3, 2017, attached as Exhibit D; afid WHEREAS, all other preconditions to the effectiveness of this Termination have occurred or been duly waived. Pagel of 5 Eagle County, CO Regina O'Brien Pgs: 13 REC: $73.00 DOC: $0.00 201711008 06/09/2017 12:03:39 PM TERMINATION NOW, THEREFORE, effective immediately upon the recording of this Termination in the real property records of Eagle County, Colorado, the Declaration and all Protective Covenants contained therein shall be terminated, abandoned, and revoked and shall be of no further force or effect whatsoever. IN WITNESS WHEREOF, the Town of Avon, owning at least 51% of the land within the Subdivision and acting on behalf of the Benchmark at Avon Owners and the Benchmark at Avon Landowners Committee, as applicable, attest to the truth of the foregoing Recitals and approve this Termination as of the date and year first written above. TOW OF BI- ATTEST:�.D . Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APP D AYttorney RM: Town o Avo STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on May 3, 2017, by Jennie Fancher, as the Mayor of the Town of Avon, a Colorado home rule municipal corporation. WITNESS my hand and official seal. Notary Public My commission expires: e) DEBORAH M HOPPE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054028128 MY COMMISSION EXPIRES JULY 18, 2017 Page 2 of 5 Exhibit A DECLARATIONS AND AMENDMENTS Reception Recording Number Book Page Document Title Date 129459 233 565 2/27/1974 Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision 135288 239 249 4/7/1975 Amended Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision Amends 233/565 [References Plat 233/566] Second Amendment to Declaration of Protective 141817 245 642 4/5/1976 Covenants for Benchmark at Beaver Creek Amends 239/49 [References Plats 129460 and 134061] 143173 246 947 6/14/1976 Declaration of Additional Protective Covenants [References Decls 233/565, 239/249, and 245/642] Restatement of and Third Amendment to Declaration 146410 250 143 11/18/1976 of Protective Covenants for Benchmark at Beaver Creek Amends 2331565,245164Z2461947 [References Plats 129460, 134061, 142223, 142224, and 1453471 Restatement of and Fourth Amendment to 184517 288 116 7/12/1979 Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision [References 250/143 and 246/9471 184968 288 567 7/19/1979 Declaration of Additional Protective Covenants Restatement of and Fifth Amendment to Declaration 233718 337 366 3/5/1982 of Protective Covenants for Benchmark at Beaver Creek Subdivision Restatement of and Sixth Amendment to Declaration 308238 411 960 4/23/1985 of Protective Covenants for Benchmark at Beaver Creek Subdivision Page 3 of 5 [References 246/9471 418888 522 721 2/7/1990 Amendment to Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision [References 411/960] Page 4 of 5 Exhibit B RECORDED PLATS Reception Recording Number Book Paye Document Title Date 129460 233 566 2/27/1974 Final Plat, Benchmark at Beaver Creek, Eagle County, Colo. 134061 238 41 12/26/1974 Revised Final Plat, Benchmark at Beaver Creek, Eagle County, Colo. Final Plat Amendment No. 1, Lot 5, Block 1, Tract A 142223 246 43 4/27/1976 and Tract B, Benchmark at Beaver Creek, Eagle County, Colorado Final Plat Amendment No. 2, Lot 26, 27, and 28, 142224 246 44 4/27/1976 Block 2, Benchmark at Beaver Creek, Eagle County, Colorado 145347 249 93 10/1/1976 Final Plat Amendment No. 3, Benchmark at Beaver Creek, Eagle County, Colo. Page 5 of 5 EXHIBIT C Avo n C U L C R A D 0 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017 AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Amy Phillips and Megan Burch. Council member Matt Gennett and Jake Wolf were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Start time: 00:02:36 Mayor Fancher made a request to remove item 6.1, Review of Town Council and Planning and Zoning Commission Compensation to Consider Changes. She explained that more research needs to be completed prior to the discussion. Council agreed to the change. 3. MEETING PROCEDURES FOR THE MEETING OF FEBRUARY 28, 2017 START TIME: 00:03:38 3.1 ACTION ITEMS • PRESENTATION OF ITEM • PUBLIC COMMENT - 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DISCUSSION • MOTION • COUNCIL DISCUSSION • VOTE 3.2. WORK SESSION ITEMS • PRESENTATION OF ITEM • COUNCIL DISCUSSION • PUBLIC COMMENT - 3 MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DIRECTION Mayor Fancher discussed the meeting procedures in an effort to make the meeting more expeditious. 4. PUBLIC COMMENT- COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 00:04:37 Maria Desimone, an Avon resident, commented on the importance of implementing a plastic bag ban. Page 1 .4 V o 1 1 COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017 AVON TOWN HALL, ONE LAKE STREET 5. ACTION ITEMS Start time: 00:10:54 5.1. ACTION ON THE BEAVER CREEK BOULEVARD REDESIGN TO AUTHORIZE THE COMPLETION OF THE DESIGN THROUGH CONSTRUCTION DOCUMENTS AND BIDDING OF THE PROJECT PLANNING DIRECTOR MATT PIELSTICKERITOWN ENGINEER JUSTIN HILDRETH) Mike Albert with Design Workshop presented the Beaver Creek Boulevard Redesign Project. Mayor Fancher opened the discussion for public comment and no comments were made. Mayor Fancher stated that she believes the redesign of Beaver Creek Boulevard is a critical element to the Town's evolution. Mayor Fancher expressed her desire to improve the look of the Town and its walkability score. She went on to say that the more attractive and desirable our Town is, the stronger the draw to visitors and residents. Mayor Fancher expressed her hope that Council will approve the design and move forward. Councilor Phillips said she is concerned about not being able to take a left turn out of Avon Liquors. She also suggested the bike lane should be more traditional. She thought the two lanes on the roundabout when heading east from West Beaver Creek Boulevard is working better than three. Also, she suggested looking at where there are three lanes on Avon Road in front of Vin48 and narrowing it down to two because three lanes can confuse guests and makes it difficult for buses to turn. Councilor Phillips also addressed a concern about a drainage issue at Lake Street and Beaver Creek Boulevard. Mayor Pro Tem Smith Hymes said she has waited 24 years for the redesign and would prefer to do it all in one shot. Councilor Prince asked Justin Hildreth, Town Engineer, about parking during winter conditions. Justin responded that the parking spaces will be plowed out and the bike path also. One of Councilor Prince's main concerns is the budget. He expressed his overall support of the project and thought it would be helpful to see the road striping as proposed. Virginia Egger, Town Manager, clarified the budget stating the adopted budget has $2.5 million for this project. She said that based on what has been presented, including the 30% contingency, it puts the project over the $2.5 million mark. She went on to say that staff worked to ensure there was sufficient money for the Council to appropriate and will be presented on March 14" as a priority if Council elects to move forward on this project. Councilor Burch thanked Design Workshop and staff and said she is excited to move forward on the project. Mayor Pro Tem Smith Hymes suggested looking at the storm sewer system in terms of making it as effective as possible and to keep pollutants out of the watershed. Page 2 .von TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017 AVON TOWN HALL, ONE LAKE STREET Mayor Pro Tem Smith Hymes moved to authorize completion of the redesign as presented, development of construction documents, and bidding of the project. The project will be bid as a complete project and also in two phases — East Beaver Creek Boulevard and West Beaver Creek Boulevard. I also move to authorize up to $50,00o in funding from the General Fund Contingency line item for milling and street painting in May, 2017. Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent. 5.2. APPOINTMENTS TO LANDOWNER'S COMMITTEE FOR CONSIDERATION OF TERMINATION OF THE PROTECTIVE COVENANTS FOR BENCHMARK AT BEAVER CREEK SUBDIVISION TOWN ATTORNEY ERIC HEIL) Start time: 00:77:27 Mayor Pro Tem Smith moved to appoint Gil Avellar, Doug Jimenez, Ruth Stanley, Megan Burch and Jennie Fancher to the Landowner's Committee. Councilor Phillips seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent. Mayor Fancher moved to item 5.5, Public Hearing First Reading of Ordinance 17-05, Approving Title 7: Development Code Text Amendments. 5.5. PUBLIC HEARING FIRST READING OF ORDINANCE 17-05, APPROVING TITLE 7: DEVELOPMENT CODE TEXT AMENDMENTS PLANNING DIRECTOR MATT PIELSTICKER) Start time: oo:81:12 Matt Pielsticker, Planning Director, presented the item. Matt noted one change, which was that the time frame for residential properties will be fewer than 3o days. Mayor Fancher opened the Public Hearing and there were no comments made. Councilor Phillips moved to approve first reading of Ordinance 17-05, thereby approving Title 7: Development Code Amendments, and setting forth a Public Hearing for March 14, 2017. Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent. Mayor Fancher moved to item 5.6, Approval of the February 14, 2017 Meeting Minutes. 5.6. APPROVAL OF THE FEBRUARY 14, 2017 MEETING MINUTES DEPUTY TOWN CLERK BRENDA TORRES) Start time: 00:83:56 Councilor Phillips noted Kathy Ryan's name was misspelled. Councilor Burch noted her name needed to be added to item 5.2, number 4. Councilor Prince asked a note be added that he recused himself from the Executive Session. Councilor Phillips moved to approve the minutes, as amended, from February 14, 2017. Councilor Prince seconded the motion and it passed unanimously by those present. Councilor Page 3 Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017 AVON TOWN HALL, ONE LAKE STREET Gennett and Councilor Wolf were absent. Mayor Fancher moved to item 8, Mayor & Council Comments & Meeting Updates. 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: oo:86:27 Mayor Fancher explained that there has been a request for a formation of Eagle County Housing and Development Authority Advisory Committee (ECHDA). She said it will be a nine member group representing Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, and Vail, as well as the unincorporated areas of the Eagle River Valley portion of Eagle County and the unincorporated area of the Roaring Fork Valley portion of Eagle County. Upon nomination by the Towns and Eagle County, these members will be appointed to the board. Councilor Phillips recommended including Beaver Creek. Mayor Fancher moved to item 5.4, Review and Action Approving or Amending the New Town Hall Program. 5.4 REVIEW AND ACTION APPROVING OR AMENDING THE NEW TOWN HALL PROGRAM (TOWN MANAGER VIRGINIA EGGER) Start time: 00:97:10 Will Bussard with Davis Partnership Architects and Virginia Egger, Town Manager, presented the item. Councilor Phillips recommended public access to the restrooms from 7:00 p.m. to 10:00 p.m. and one family restroom. Councilor Phillips wanted to know if the AV storage on the 1" floor would have sufficient room for High Five Access Media equipment. Justin Hildreth, Town Engineer, presented the budget for the New Town Hall project. Mayor Fancher opened the meeting to comments from members of the public. There were no public comments made. Councilor Burch moved to approve the New Town Hall Program as presented. The motion also contained a direction to staff to explore making the restrooms on the first floor accessible to members of the public for a longer period of time. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent. Mayor Fancher moved to item 5.3, Public Hearing Second Reading of Ordinance 17-03, Amending Avon Municipal Code Sections 5.12.090, 110, and 120 Concerning Vehicle Impoundment. Page 4 COLORADO TOWN OF AVON COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 28, 2017 AVON TOWN HALL, ONE LAKE STREET 5.3 PUBLIC HEARING SECOND READING OF ORDINANCE 17-03, AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.090, 110, AND 120 CONCERNING VEHICLE IMPOUNDMENT (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Start time: 00:141:52 Preston Neill, Executive Assistant to the Town Manager, and Eric Heil, Town Attorney, presented the item. Eric Heil read a letter, submitted by Michael Repucci on behalf of Avon Center, into the record. Mayor Fancher opened the discussion to members of the public. Nick Antuna took issue with the way the Ordinance is written. He said that he has had conversations with Avon PD about what happens when the booting company does not remove a boot within 90 minutes of a request. Nick Antuna also stated that he has not been notified by the Municipal Court when there is a property damage hearing and has not received restitution. Mayor Fancher asked Greg Daly, Chief of Police, what happens if 90 minutes passes after a boot removal request and a boot still remains on the vehicle. She asked if any of his officers have the tools necessary to take a boot off. Greg Daly responded, "no." Andrei Litviakou with AT Booting, proposed a couple of changes to the Ordinance. Judge Buck Allen spoke about requiring the owner of the booted vehicle to first contact the owner of the property, or owner's agent. He went on to say that the hearing is a secondary level if the issue cannot be resolved between the principal and person booted. Councilor Prince recommended implementing an annual and structured review of booting licenses to include an evaluation of the number of boots placed and submitted complaints. Councilor Smith Hymes moved to approve, with the changes recommended by Eric Heil, Ordinance 17-03, thereby approving second and final reading of an ordinance amending Avon Municipal Code Sections 5.12.o8o, 090, 11o, and 120 concerning vehicle impoundment. Councilor Phillips seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent. 6. WORK SESSION 6.1. REVIEW OF TOWN COUNCIL AND PLANNING AND ZONING COMMISSION COMPENSATION TO CONSIDER CHANGES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) This item did not take place. 7. WRITTEN REPORTS 7.1. UERWA WATER RIGHTS REPORT 7.2. MONTHLY FINANCIALS REPORT Page 5 Avon COLORADO TOWN OF AVON COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAYS FEBRUARY 28, 2017 AVON TOWN HALL, ONE LAKE STREET 7.3. FORFEITURE REPORT 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 00:197:251 Mayor Fancher commented on the new wayfinding signs throughout Town. She said the library is an essential element to the Town and made a request to staff to include the library in some of the directional signs. 9. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. Councilor Phillips seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Wolf were absent. The time was 8:21 P.M. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www,high fivemedfa_org. APPROVED: Jennie Fancher Sarah Smith Hymes Jake Wolf Megan Burch Matt Gennett Scott Prince Amy Phillips RESPECTFULLY SUBMITTED: r i 71-RM,•��- Page 6 BENCHMARK AT BEAVER CREEK SUBDIVISION SPECIAL OWNERS MEETING MINUTES WEDNESDAY, MAY 3, 2017 AVON TOWN HALL, ONE LAKE STREET 1. ROLL CALL The meeting was called to order at 10:32 a.m. A roll call was taken and members of the Benchmark at Beaver Creek Landowners Committee present were Gil Avellar, Megan Burch, Jennie Fancher and Doug Jimenez. Ruthie Stanley was absent. 2. VOTE REGARDING TERMINATION OF THE BENCHMARK AT BEAVER CREEK PROTECTIVE COVENANTS Jennie Fancher made a motion to terminate the Benchmark at Beaver Creek Protective Covenants. Gil Avellar seconded the motion and the motion passed on a vote of 4 to o. Ruthie Stanley was absent. 3. AUTHORIZATION TO EXECUTE APPROPRIATE DOCUMENT FOR RECORDING Doug Jimenez made a motion to authorize Jennie Fancher to execute the appropriate document for recording. Gil Avellar seconded the motion and the motion passed on a vote of 4 to o. Ruthie Stanley was absent. 4. APPROVAL OF MEETING MINUTES Jennie Fancher made a motion to approve the minutes from the Benchmark at Beaver Creek Subdivision Special Owners Meeting. Gil Avellar seconded the motion and the motion passed on a vote of 4 to o. Ruthie Stanley was absent. 5. ADJOURNMENT There being no further business to come before the owners, Jennie Fancher made a motion to adjourn the meeting. Megan Burch seconded the motion and the motion passed on a vote of 4 to o. Ruthie Stanley was absent. The time was 10:45 a.m. Gil Avellar Megan Burch Jennie Fancher Doug Jimenez Ruthie Stanley APPROVED: Page 1 EXHIBIT D BENCHMARK AT BEAVER CREEK SUBDIVISION SPECIAL OWNERS MEETING May 3, 2017 -10:30 a.m. (MT) AGENDA FOR SPECIAL OWNERS MEETING 1. ROLL CALL (Via sign-up sheet) 2. VOTE REGARDING TERMINATION OF THE BENCHMARK AT BEAVER CREEK PROTECTIVE COVENANTS 3. AUTHORIZATION TO EXECUTE APPROPRIATE DOCUMENT FOR RECORDING 4. APPROVAL OF MEETING MINUTES S. ADJOURNMENT