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TC Packet 05-09-2023_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, May 9, 2023 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Fire Mitigation & Fire Evacuation Drill (Chief of Police Greg Daly and Fire Chief Karl Bauer) 5.2. Discussion about Potential Display of Pride Flag (Town Attorney Karl Hanlon) 5.3. PZC Appointments (Planning Director Matt Pielsticker) 5.4. Work Session: Harry A. Nottingham Park Improvements/Policy Review of Off-Leash Dog Area and Bike Dismount/Slow Zone Designation (Recreation Director Michael Labagh) 5.5. Resolution 23-07: Approving PEG fee Grant from 2021/2022 (Finance Director Scott Wright) 5.6. Resolution 23-08: Approving a Public Improvement Fee Collection Services Agreement for Construction in the Village (at Avon) (Finance Director Scott Wright) 6. MINUTES 6.1. Approval of April 25, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission May 2 Abstract (Planner 1+ Max Morgan) 7.2. Draft April 13 Culture, Arts & Special Events Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.3. Art Around Avon Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION: For the purpose of receiving Legal Advice pursuant to CRS §24-6-402(4)(b) regarding the United States Postal Service (Town Attorney Karl Hanlon) 10. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Phillips and Avon Town Council Members FROM: Chief Greg Daly and Deputy Chief Coby Cosper RE: Wildland Fire Community Preparedness Month Proclamation, work session regarding Town of Avon and Eagle River Fire Protection District preparedness, upcoming evacuation exercise and historic and planned mitigation DATE: May 9, 2023 SUMMARY: The Town of Avon in partnership with Eagle County Government, Eagle River Fire Protection District, Eagle County Wildland, Eagle County Wildfire Collaborative, and many other governmental entities in Eagle County have been collaborating on Wildland Fire Community Preparedness. During the work session tonight, Chief Greg Daly and Deputy Chief Cosper will discuss the Town of Avon/ Avon Police Department’s evacuation preparedness and the scheduled exercise on May 26th, Chief Karl Bauer will discuss the preparedness of the Eagle River Fire Protection District and Hugh Fairfield-Smith, Wildland Coordinator with Eagle Valley Wildland will discuss fire mitigation efforts to date in the Town of Avon and surrounding lands and the current plans for Spring/ Summer of 2023. Additionally, we are requesting Mayor Philips and the Avon Town Council proclaim May 2023 as Wildland Fire Preparedness Month. This proclamation will also be reflected in a joint resolution with the Board of Eagle County Commissioners, the Towns of Gypsum, Minturn, Eagle, Redcliff, and Vail with the support of the Eagle River, Greater Eagle and Gypsum Fire Protection Districts, Vail Fire and Emergency Services and the Rock Creek Volunteer Fire Department. BACKGROUND: Wildfire community preparedness is foremost on the minds of the Avon Town Council and Avon Town Staff. Collectively we recognize the increasingly adverse conditions that our community has experienced over the last several years. The Eagle County Wildfire Collaborative using the Wildfire Community Preparedness Month has five recommended tasks/actions for our community throughout the month of May. More information regarding these five tasks/actions can be located at www.ecemergency.org or at www.facebook.com/ECEmergency Wildfire Preparedness Month Schedule - May 2023 Week 1: May 1 - May 7, 2023 Sign up for EC Alert Be in the know by signing up for the Eagle County Alert system to receive the latest information about wildfire incidents and evacuation notices. Subscribers can elect to receive time-sensitive emergency messages to their phone, desktop, or other mobile device. If you already have an account with EC Alert, be sure to check that your notifications are up to date and cover wildfire notices. Learn more and register https://member.everbridge.net/1332612387832141/login Video for how EC Alert works https://share.vidyard.com/watch/RhHuCCdXZ5GEVuZfj8gipK Page 2 of 3 Week 2: May 8 - May 14, 2023 Move your Firewood! When the snow stops flying, it's important to take the leftover firewood off of your deck to ensure that embers won't get trapped and cause an ignition. Move your firewood at least 30 feet from your home and at least 10 feet from tree branches to prevent this from happening or discard your leftover firewood appropriately! For more information on action items, go here https://sites.google.com/eaglecounty.us/ecemergency/wildfire?authuser=0 Week 3: May 15 - 21, 2023 Make a Plan Make a plan and complete your Emergency Checklist by determining your evacuation route and creating an emergency supply kit with plans for your 6 P's; People and pets, important papers and documents, prescriptions and medications, pictures, personal computers and external hard drives, and plastic credit and debit cards. Week 4: May 22 - 28, 2023 Schedule a free REALFire Home assessment Learn about wildfire safety and steps that you can take to reduce wildfire risk in and around your home by signing up for a REALFire home assessment. These voluntary assessments are performed by trained fire professionals and will give you recommendations for mitigating your home from the threat of wildfire. REALFire website here https://realfire.net/ Week 5: May 29 - June 4, 2023 Preparedness Recap "Thank you for joining us in creating a more wildfire prepared County! This month, you've followed critical steps by signing up for EC Alert, registering for Community Connect, making a plan that satisfies your emergency checklist, and learning about how to create defensible space around your home with a REALFire assessment. Congratulations, you are now Wildfire Ready!" If you are just joining us in Wildfire Preparedness Month, you can find all of these critical steps to get your home and household ready for wildfire here https://sites.google.com/eaglecounty.us/ecemergency/wildfire?authuser=0 Additionally, the Town of Avon is currently working on the following Wildfire Community Preparedness initiatives. ➢ Public land defensible space: The Town of Avon Public Operations department, is contributing $80,000 from the Capital Improvements Projects Fund (CIP) to the Eagle Valley Wildland/ Eagle River Fire Protection District to conduct wildland fire migration by creating fire breaks/ defensible space on publicly owned property around the Wildridge Subdivision. The Town of Avon has created an Intergovernmental Agreement with Eagle Valley Wildland regarding this work. ➢ Wildland fire evacuation countywide zone mapping: Avon PD has worked with all of the fire departments/districts and first responder agencies throughout Eagle County to have consistent zone mapping for Eagle County in the event of evacuations. All first responders have access to these maps that breakdown subdivisions into sectors for potential pre-evacuation or evacuation notices. Page 3 of 3 ➢ Emergency siren alerting system: This project is nearing completion with the five sirens installed with battery packs at each of the five locations. The battery packs are independently powered by 120v electrical supply. The five sirens will be tested every month from May to October (Wildland fire season) and can be activated simultaneously from our dispatch center. ➢ Secondary evacuation route planning and implementation: This project is in progress. TOA Community Development have been actively collaborating, working with Berry Creek Metro District, Singletree Homeowners association, Eagle County Government, Eagle River Fire Protection District and U.S. Forest Service to apply for and hopefully create a secondary evacuation route in and out of Singletree that would allow the ingress of wildfire fighting equipment and the egress of potential evacuees from Wildridge or Singletree. The planning application has been submitted to Eagle County for review. ➢ Town of Avon Annual Wildridge wildland fire emergency evacuation exercise: The multi- agency evacuation exercise is scheduled for May 26th when Avon Police Department will exercise every evacuation notification tool to include the sirens, EC alert, Integrated Public Alert & Warning System (IPAWS), radio stations, reverse 911 and physically knocking on doors. We will practice unified command at the Avon Police Department. We have invited twenty community partners to this exercise. TOWN MANAGER COMMENTS: Thank you, Chief Greg Daly and Deputy Chief Cosper ATTACHMENT A: Town of Avon Wildland Fire Preparedness Month Proclamation ATTACHMENT B: Eagle Board of County Commissioners Joint Resolution ### ATTACHMENT A Resolution Form – 2023 May 9, 2023 Page 1 of 1 PROCLAMATION PROCLAIMING MAY AS WILDFIRE PREPAREDNESS MONTH IN THE TOWN OF AVON WHEREAS, twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four out of the five largest fires in state history have occurred within the last four years, including the most destructive fire in state history just a year and a half ago; and WHEREAS, warmer temperatures, drought, and continued development in the wildland-urban interface have made wildfire mitigation a top priority for Eagle County and surrounding jurisdictions; and WHEREAS, Wildfire Preparedness Month is focused on encouraging residents to learn about wildfire safety and take steps to reduce wildfire risk in and around their homes; and WHEREAS, these actions will lead to unified and fire-adapted communities throughout the Town of Avon and Eagle County; and, WHEREAS, the Avon Town Council finds that promoting wildfire awareness and preparation will promote the health, safety and general welfare of the Avon community. The Town of Avon will sign a joint resolution with the Eagle Board of County Commissioners declaring May 2023 as Wildfire Preparedness Month, NOW, THEREFORE, BE IT PROCLAIMED BY THE TOWN OF AVON that the Avon Town Council hereby declares May 2023 is Wildfire Preparedness Month in the Town of Avon. ADOPTED MAY 9, 2023, by the AVON TOWN COUNCIL By: Attest: ___________________________ Amy Philips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B Commissioner ___________________________________ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023 - _________ A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWNS OF GYPSUM, MINTURN, EAGLE, REDCLIFF, AVON AND VAIL, PROCLAIMING MAY 2023 AS WILDFIRE PREPAREDNESS MONTH WHEREAS, twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four out of the five largest fires in state history have occurred within the last four years, including the most destructive fire in state history just a year and a half ago; and WHEREAS, warmer temperatures, drought, and continued development in the wildland- urban interface have made wildfire mitigation a top priority for Eagle County and surrounding jurisdictions; and WHEREAS, Eagle County (the “County”) and the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon and Vail (the “Towns”), and the Fire Districts of Gypsum, Eagle River, Greater Eagle, and Vail (the "Fire Districts") have determined that they share the common goals of wildfire risk reduction, wildfire preparedness and public education; and that collaboration in these areas will lead to unified and fire-adapted communities throughout Eagle County and surrounding areas; and WHEREAS, Wildfire Preparedness Month is focused on encouraging residents to learn about wildfire safety and take steps to reduce wildfire risk in and around their homes; and WHEREAS, the undersigned desire to join in support of Wildfire Preparedness Month and to designate May 2023 as Wildfire Preparedness Month in Eagle County and in the participating Towns. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO (the “BOARD”) AND THE TOWN OF GYPSUM, MINTURN, EAGLE, REDCLIFF, AVON AND VAIL, by and through their governing bodies: THAT, May 2023 is hereby designated as Wildfire Preparedness Month in Eagle County and in the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon and Vail, Colorado. THAT, the Board and the Towns hereby find, determine and declare that this Resolution is necessary for the safety, welfare, and resilience of the residents of the County of Eagle, State of Colorado and the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon and Vail, Colorado. MOVED, READ AND ADOPTED by the undersigned on the dates set forth hereunder. ATTACHMENT B COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ____________________________ By: ______________________________ Clerk to the Board of Kathy Chandler-Henry County Commissioners Chair ______________________________ Matt Scherr Commissioner ____________________________ Jeanne McQueeney Commissioner Commissioner ____________________ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney ______________ Commissioner Chandler-Henry ______________ Commissioner Scherr ______________ This resolution passed by __________________ vote of the Board of County Commissioners of the County of Eagle, State of Colorado ATTEST: TOWN OF GYPSUM, COLORADO ________________________ By: ___________________________________ Becky Close, Town Clerk Steve Carver, Mayor ATTEST: TOWN OF MINTURN, COLORADO ________________________ By: ___________________________________ Jay Brunvand, Town Clerk Earle Bidez, Mayor ATTACHMENT B ATTEST: TOWN OF EAGLE, COLORADO ________________________ By: ___________________________________ Jenny Rakow, Town Clerk Scott Turnipseed, Mayor ATTEST: TOWN OF REDCLIFF, COLORADO ________________________ By: ___________________________________ Melissa Mathews, Town Clerk Duke Gerber, Mayor ATTEST: TOWN OF AVON, COLORADO ________________________ By: ___________________________________ Brenda Torres, Town Clerk Sarah Smith Hymes, Mayor ATTEST: TOWN OF VAIL, COLORADO ________________________ By: ___________________________________ Tammy Nagel, Town Clerk Kim Langmaid, Mayor Eagle River Fire Protection District By: ___________________________________ Name: Rock Creek Volunteer Fire Department By: ___________________________________ Name: Greater Eagle Fire Protection District By: ___________________________________ Name: Gypsum Fire Protection District ATTACHMENT B By: ___________________________________ Name: Vail Fire and Emergency Services By: ___________________________________ Name: 970-945-2261 kjh@mountainlawfirm.com TO: Honorable Mayor Phillips and Council members FROM: Karl Hanlon, Town Attorney RE: Discussion about Potential Display of Pride Flag DATE: May 3, 2023 SUMMARY: Town Council may provide direction to staff to display a flag on Avon’s flagpoles other than the United States flag, Colorado flag, and Avon flag. If the Council chooses to it can provide direction to display the Pride Flag at tonight’s Council meeting. BACKGROUND: Council discussed display of the Ukrainian flag at the April 25th regular Town Council meeting and directed staff to fly the Ukrainian flag for 30 days starting April 26th. Councilor Hardy requested to add a discussion to display the Pride flag at the next meeting. The Town of Avon, exercising the Town’s right to engage in governmental speech, sometimes displays flags and messages on Town owned property, including but not limited to flag poles and digital messaging signs. Along with the various messages displayed on the digital sign at the direction of Town Council both the Pride Flag and the Ukrainian Flag have been displayed in the last three years. These actions were taken only after Council direction was provided at a public Council meeting. The Town of Avon has not and does not accept applications from third parties to display flags on the Town’s flag poles. The Town’s flagpoles are not considered to be a “public forum” under constitutional law. The interpretation of constitutional law which protects governmental speech and recognizes that is distinct from the general public’s right of free speech in public forums was recently reaffirmed by the United States Supreme Court in the Shurtleff v. City of Boston case. No Council action is required, however if Council does wish to take an action it should be in the form of a motion, second and vote. 970.748.4413 matt@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Matt Pielsticker, AICP Planning Director RE: Planning and Zoning Commission Appointments DATE: May 4, 2023 SUMMARY: There are four (4), two-year seats open on the Planning and Zoning Commission (“PZC”). Six (6) applications were received. Avon Municipal Code (“AMC”) Section 7.12.040 requires “registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to PZC.” The stated composition goal is to strike a balance between lay community and industry professionals. The applicants have been asked to be available for introductions and to answer questions from Council members during the meeting. SOLICITATION: Since early March, the Town has continually posted the opening on Avon.org/jobs as well as the Vail Daily job classifieds. A press release, social media posts, and ongoing paid advertisements in the Vail Daily have been active. The solicitation included a questionnaire for applicants to fill out and the responses are attached with other submittal items (“Attachment PZC COMPOSITION: Below is a summary of the continuing members and applicants, their professions, place of residency and time on PZC if applicable: CONTINUING TERMS THROUGH MAY 2024: Name Profession Residency Terms/Notes Bill Glaner Landscape Architect Avon ‘17-’19; Since 5/2022 Kevin Hyatt Business/First Aid Avon ½ First Term Tom Schaefer EV Business Develop Avon ½ First Term TERMS ENDING MAY 2022: Name Profession Residency Terms/Notes Donna Lang Interior Design/Avon Bus Eagle-Vail 1 Term Martin Golembiewski Civil Engineer Avon 3+ Terms Steve Nusbaum DRB/Metro Dist. Edwards 3 Terms Anthony Sekinger Data Analyst Avon Since 2/2021 NEW APPLICANTS: Name Profession Residency Brad Christianson Bartender/Server Avon Olivia Cook Housing Specialist Edwards Gregg Cooper Real Estate Investments Avon Anthony Sekinger Data Analyst Avon Greg Strahan Real Estate/Broker Vail Ryan Wolffe DRB/Architect Avon OPTIONS: • Fill up to four (4) vacancies: or • Delay (re)appointments until next meeting 970.748.4413 matt@avon.org APPOINTMENT FORMAT: 45 minutes is scheduled for PZC appointments. I recommend the meeting order below. Each applicant should be given five minutes to explain their interest and answer questions. Proposed meeting order: Interviews: • Brad Christianson • Olivia Cook • Gregg Cooper • Anthony Sekinger • Greg Strahan [remote attendance] • Ryan Wolffe [remote attendance] Appointments: • Town Clerk Distributes Ballots • Town Council Members Nominate up to four (4) Positions. • Town Clerk Announcement of Voting Results ATTACHMENT: Applicant Information 970-748-4446 mlabagh@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Michael Labagh, Recreation Director RE: Harry A. Nottingham Park Policy Review: Off-Leash Dog Area and Bicycle Policy DATE: May 3, 2023 SUMMARY: This report provides an overview of dog and bicycle policy concerns within Harry A. Nottingham Park. BACKGROUND: In Summer 2022, the Recreation and Police Departments received multiple complaints regarding dogs being off leash and bicyclists traveling at an unsafe speed in Harry A. Nottingham Park. With the increased popularity of electric bicycles, scooters and skateboards and the increased number of people using the park, Staff requested this topic be discussed with the Town Council. In March 2023, the Health and Recreation Committee also reviewed these topics, and their recommendation is below. Park Rules and Regulations: A complete list of rules and regulations for Harry A. Nottingham Park is included as Attachment A. Dogs: • All dogs must be on a leash when in any public park within the Town of Avon. • Dogs are permitted off-leash in the West Avon Preserve, within the fenced in Wildridge Dog Park or within the Off-Leash Dog Area in Harry A. Nottingham Park (between the hours of 6:00 a.m. and 9:00 a.m. daily). • If off-leash, dogs must be under vocal control by their owner. Owners must have a leash with them and are also required to pick up all of their dog’s waste. Current Signage (4) Proposed Signage (8) 970-748-4446 mlabagh@avon.org Page 2 of 3 Bicycles: • Use of bicycles, class 1 or class 2 electric bicycles, are permitted in the park. • Bicycles are not permitted on the Avon Performance Pavilion. • Motorized vehicles, including use of class 3 electric bicycles are prohibited in the park. Electric Bicycle Classifications: A. "Class 1 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electrical assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. OPTIONS: Staff have prepared several options for Council consideration: Off-Leash Dog Area Option A: Maintain Off-Leash Dog Area with the addition of improved signage and increased number of signs. Option B: Remove Off-Leash Dog Area from Harry A. Nottingham Park. Option C: Request more information and continue discussion. Bicycle Dismount/Slow Zone Designation Option A: Maintain park rules and regulations as is. Option B: Designate north park path as a dismount or slow zone. Option C: Designate entire park as a dismount or slow zone. Option D: Request more information and continue discussion. FINANCIAL CONSIDERATIONS: New and improved signage for the Off-Leash Dog Area and Bicycle Dismount/Slow Zone section will cost the Town approximately $2,500.00. REQUESTED DIRECTION: Staff are requesting direction from the Town Council regarding the dog and bicycle policies within Harry A. Nottingham Park. HEALTH & RECREATION COMMITTEE RECOMMENDATION: For the Off-Leash Dog Area, the Health and Recreation Committee originally supported Option B, removal of the area. After further discussion, committee members expressed that it is a valued amenity for community members who live around the park and fully supported Option A, adding and improving signage in the area. For the Bicycle Dismount and/or Slow Zone topic, the Committee supports Option B, designating the north park path as a dismount zone. 970-748-4446 mlabagh@avon.org Page 3 of 3 RECOMMENDATION: I recommend improving community education and adding updated signage for the Off-Leash Dog Area in Harry A. Nottingham Park. I also recommend designating the north park path, between Lake Street and the bridge in the northwest corner of the park, as a dismount zone. I propose that Staff monitor any adjustments made during the Summer and provide a follow up report to Town Council in the Fall. Thank you, Michael ATTACHMENTS: Attachment A - Harry A. Nottingham Park Rules & Regulations Attachment B - Harry A. Nottingham Park Dog & Bike Policy Presentation 16 98 5 2 3 1 17 21 22 23 19 EAGLE RIVER 15 NOTTINGHAM LAKE HARRY A.NOT TINGHAMPARK THE FOLLOWING ARE PROHIBITED without proper permit and/or license. Violators may be subject to fines. • Advertising, soliciting, or selling goods or services • Discarding litter, trash, animal or fish waste anywhere except in designated containers • Allowing dogs off-leash except in designated areas • Driving motorized vehicles in non-designated areas or use of class 3 electric bicycles • Fishing without a valid Colorado Fishing License, if age 16 or older • Hitting golf balls • Shooting archery equipment or firearms • Gatherings of 50 persons or greater • Open fires or use of personal grills • Overnight camping • Consumption of alcohol by persons younger than 21 years of age or outside of the designated hours of 11:30 AM to 30 minutes past dusk • Smoking tobacco or marijuana •Private boating of vessel sixteen (16) feet and larger and/or motorized. • Swimming in non-designated areas •Flying model planes or drones •Using model boats, model cars or stunt kites in areas that interfere with park patrons • Slacklining on any objects other than trees or slacklining without adequate tree protection • Diving or jumping off the terrace or boat dock To report inappropriate activity, call 970-479-2201. Call 970-748-4000 for permitting procedures. For a complete set of Park rules and regulations, see Chapter 9.40 of the Avon Municipal Code. WELCOME TO NOBIKING NOFISHING NOSKATEBOARDING AVON PERFORMANCE PAVILION AVAIL ABLE RESTROOMS •Near Covered Picnic Area •Sand Volleyball and Beach •West Beaver Creek Blvd. North Parking Lot •Recreation Center •Boat Ramp/Dock •Tennis/Pickleball Courts NO UNAUTHORIZEDMOTOR VEHICLES BEYOND THIS POINT. Rec Center Parking Avon Recreation Center Rec Center Parking Municipal Building Parking Municipal Building 1 2 3 4 5 PARKING & PARK FEATURES Off-Leash Dog Area Fishing Pier Sand Volleyball Courts 14 15 16 17 7 Avon Fitness Court Park Loop (0.8 mi) Lake Loop (0.7mi) Upper Loop (0.3mi) Park Trails Eagle Valley Trail Park Features Park Boundary Municipal Structure P PP P P P PARK SPEED LIMIT 10MPH LEARN MORE 1413 11 12 10 Covered Picnic Area13 Limited Parking & Drop-off Only Lower Field Tennis/Pickleball Courts Basketball Courts Avon Elementary School Parking 19 20 21 23 Avon Elementary School24 22 13 16 PET LEASH RULESOWNERS ARE RESPONSIBLE FORCLEAN UP OF ALL PET WASTE. LIMITED OFF-LEASH DOG AREA ( Purple area on map) Hours: 6:00 a.m. – 9:00 a.m. daily Please observe the following rules: • Dogs are only allowed off-leash curbside of the designated area • Dogs must be under vocal control at all times • Dogs must be on a leash at all other times For questions, please call the Town Recreation Center at 970.748.4060. Beach & Swimming Area18 18 20 6 Future Restrooms Metcalf Cabin Boat Ramp/Dock Avon Peformance Pavilion & Terrace Playground Upper Field 7 8 9 11 12 6 Avon Public Library 10 EAGL E V A L L E Y T R A I L MILLIES LN. MIK A E L A W A Y 4 MAIN STREET MALL PP 24 Access to Eagle Valley Trail ATTACHMENT A Avon Town Council May 9, 2023 WORK SESSION: HARRY A. NOTTINGHAM PARK IMPROVEMENTS, BICYCLE & DOG POLICY REVIEW MICHAEL LABAGH, RECREATION DIRECTOR ATTACHMENT B Avon Town Council May 9, 2023 Harry A. Nottingham Park -2023 •Shoreline erosion –northeastern shore •Lower Field recreation path reconstruction •Upgraded beach volleyball net system •SUPCO Rental Operations •SUP Races •Pickleball, Tennis & Basketball Programs •Drop-In Open Water Swim •Dunk-N-Dash Duathlon Series •Open Water Swim Championship Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Review of Off-Leash Dog Area Bicycle use (wheeled device) use in Harry A. Nottingham Park. Goals: •Understand current concerns, rules and regulations •Obtain more information as needed •Provide direction to Staff regarding improvements for each topic Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Off-Leash Dog Area –Town Rules & Regulations •All dogs must be on a leash when in any public park within the Town of Avon. •Dogs are permitted off-leash in the West Avon Preserve, within the fenced in Wildridge Dog Park or within the Off-Leash Dog Area (between the hours of 6:00 a.m. and 9:00 a.m. daily) •If off-leash, dogs must be under vocal control by their owner. Owners must have a leash with them and are also required to pick up all of their dog’s waste. Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Off-Leash Dog Area •Safety & Enforcement Concerns •Confusion with designated hours •59 formal Animal Complaints –Avon PD •Provide improved signage •Community education •Discussion Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Off-Leash Dog Area •OPTION A: Maintain off-leash dog area with the addition of improved signage and increase number of signs •OPTION B: Remove off-leash dog area from Harry A. Nottingham Park •OPTION C: Request more information and continue discussion Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Dismount/Slow Zone Designation •Bicycles and class 1 and 2 E-Bikes are permitted in the park •Bicycles are not permitted on the Performance Pavilion •Motorized vehicles, including use of class 3 E-Bikes are prohibited Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Dismount/Slow Zone Designation •Safety & Enforcement Concerns •No formal complaints to Avon PD •Provide improved signage •Community education •Slow vs. Dismount Zone(s) •Limit E-Bike Share access within park •Apply to entire park or certain section(s) •Discussion Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Dismount/Slow Zone Designation •Proposed dismount zone section –north park path between the •High traffic area •Alternative transportation routes available •Prioritize user safety Avon Town Council May 9, 2023 Harry A. Nottingham Park Policy Work Session Dismount/Slow Zone Designation •OPTION A: Maintain park rules and regulations as is •OPTION B: Designate north park path as a dismount or slow zone •OPTION C: Designate entire park as a dismount or slow zone •OPTION D: Request more information and continue discussion Avon Town Council May 9, 2023 THANK YOU! 970-748-4055 swright@avon.org TO: Honorable Mayor Phillips and Council members FROM: Scott Wright, Finance Director RE: PEG Grant Request DATE: May 4, 2023 SUMMARY: Attached to this report is a grant funding request from J.K. Perry, Executive Director of High Five Access Media, for PEG fees collected by the Town in 2021-2022 in the amount of $16,000. The funds requested would be used to purchase various video equipment as described in Attachment B. PROPOSED MOTION: “I move to approve Resolution No. 23-07 Approving a Grant of PEG Funds” ATTACHMENTS: Attachment A: Resolution 23-07 Approving a Grant of PEG Funds Attachment B: Avon PEG Grant Funds Request Res. No. 23-07 Approving a Grant of PEG Funds May 9, 2023 Page 1 of 1 RESOLUTION NO. 23-07 APPROVING A GRANT OF PEG FUNDS WHEREAS, The Town Council of the Town of Avon has collected PEG fees from cable subscribers during the 2021 and 2022 calendar years in the amount of $16,000; and WHEREAS, a request has been made to the Town of Avon from the local public access television station, High Five Media Access, for an allocation of such funds in the amount of $16,000 for video production equipment, which is an appropriate purpose as set forth in the Town’s cable franchise agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. That the attached request for a grant of $16,000 of PEG funds is hereby approved. Section 2. That an appropriation in the amount of $16,000 is included in the Town’s 2023 Town of Avon budget. ADOPTED this 9th May, 2023. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A High five access media Avon PEG Grant Funds Request 2021 and 2022 Council and staff, Thank you for the opportunity to present our proposal for PEG Grant funds. Each year, Comcast subscribers in Avon pay a PEG fee that is designated in the Avon/Comcast franchise agreement to be used for capital improvements by the local community access media center. The PEG Grant totals approximately $8,000 a year. This fund is intended for High Five Access Media to purchase video-related equipment for the community. This year we are applying for funds from both 2021 and 2022, for a total of approximately $16,000. As always, we strive to improve the quality of production and distribution for residents, cable subscribers and internet users. At the same time, we balance our mission to provide the tools and training for the community to produce their own media and express their ideas, advocate for causes and become civically engaged through cable television and the web. The following equipment purchase proposal helps High Five Access Media achieve its mission. In 2020, High Five Access Media put the grant toward the first phase of purchasing a new portable video switcher and accessories (total cost $13,700) to produce both in-house and volunteer, multi- camera live events in the field, such as high school plays, lectures, concerts and community events. For 2021 and 2022, we propose purchasing the following: •Phase two of the purchase price for the above switcher ($5,700). Pg. 2 •DSLR camera ($4,000) that we use to train community producers in our Advanced Camera Workshop, and make available for these folks to check out at no cost following completion of the class. Pgs. 3-5 •Replace one of the cameras and accessories ($3,400) used for our Camera Basics Workshop and available for check out to the community. Pgs. 6-7 •Replace one of the editing computers ($3,300) we use to train community producers in our Editing Basics Workshop and is then available to check out upon finishing the course. Pg. 8 Total: $16,400 As always, feel free to contact me if you have any questions or concerns. Thank you, J.K. Perry Executive Director High Five Access Media jk@highfivemedia.org 1 ATTACHMENT B 6/29/2021 NewTek TriCaster Mini Advanced HD-4 SDI FG-002881-R001 B&H Photo https://www.bhphotovideo.com/c/product/1556124-REG/newtek_fg_002881_r001_tricaster_mini_advanced_hd_4.html/print 1/1 The Professional's Source Since 1973 420 9th Ave. at 34th St. in New York City www.bhphotovideo.com Sales: 2125026248 Customer Service: 2122397765 $8,635.68 List Price $9,995.00 You Save $1,359.32 (14%) Key Features Simultaneously Broadcast, Stream, Record Switch between 4 SDI or 8 NDI Sources Up to 1080p29.97 Resolution Support Two SDI Program Outputs Built-In Full-Featured Control Software Live Streaming & Social Media Publishing 1TB Internal SSD Storage Eects, Titles & 3D Virtual Sets Keyboard & Mouse Included Optional Control Panel Supported In the Box NewTek TriCaster Mini Advanced HD-4 SDI Keyboard Mouse Cable Retention Bracket Limited 1-Year Warranty © 2000-2021 B & H Foto & Electronics Corp. 420 9th Ave, New York, NY 10001 Privacy & Security User Agreement & Disclaimer Export Policy California Privacy Notice Site Map Prices, specications, and images are subject to change without notice. Not responsible for typographical or illustrative errors. Manufacturer rebates, terms, conditions, and expiration dates are subject to manufacturers printed forms NYC DCA Lic.: Elec. Store #0906712 Elec. & Home App. Serv. Deal. #0907905; Sec. Hd. Deal. Gen. #0907906 We close every Friday afternoon to Saturday evening for Shabbos. Weekend Hours Accessibility Statement NewTek TriCaster Mini Advanced HD-4 SDI BH #NEFG002881R • MFR #FG-002881-R001 Authorized Dealer In Stock 2 Order No.:887616393 Bid No.:R201202-P Bill To:HIGH FIVE ACCESS MEDIA J.K. PERRY 281 METCALF ROAD UNIT 203 AVON, CO 81620 USA Ship To: JOHN-KENNETH PERRY 901 CRAZY HORSE CIRCLE EDWARDS, CO 81632 Bill Phone:(970)949-5657 Ship Phone:(970)390-2170 Invoice Date 07/01/21 Terms Order No: 887616393 Order Date 06/30/21 PO NUMBER Customer Code 74164806 Ship Via FDX GROUND Qty Ord Qty Ship Qty Bko Item Description SKU#/MFR#Item Price Amount 1 2 1 2 1 1 2 1 2 1 KOPUL STUDIO CABLE/ XLR/M TO XLR/F NT-50©/B KOPUL COUPLER - XLR MALE (XLR/M TO XLR/M) LOGITECH M310 WIRELESS MOUSE - SILVER COMPREHENSIVE-CABLES CAT6 550MHZ SNAGLESS P ROKINON 50MM F/1.4 AUTO FOCUS LENS F/SONY-E Instant Savings: -$17.00 Exp. 07/03/21 Instant Savings: -$250.00 Exp. 10/31/21 SERIAL #: Regular Price: $29.93 Your Final Price: $12.93 BLP18243 Regular Price: $696.76 Your Final Price: $446.76 Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: WB WB WB WB WB KOM4050 KOAXMXM LOM310S COC655PC50BK RO5014AFSE (M4050) (A-XMXM) (910-001675) (CAT6-50BLK) (IO50AF-E) $23.96 $4.46 $12.93 $12.89 $446.76 $23.96 $8.92 $12.93 $25.78 $446.76 Continued on Next Page ... BN H _ i n v o i c e - R E P R I N T Customer Copy Page 1 of 3 3 Order No.:887616393 Bid No.:R201202-P Bill To:HIGH FIVE ACCESS MEDIA J.K. PERRY 281 METCALF ROAD UNIT 203 AVON, CO 81620 USA Ship To: JOHN-KENNETH PERRY 901 CRAZY HORSE CIRCLE EDWARDS, CO 81632 Bill Phone:(970)949-5657 Ship Phone:(970)390-2170 Invoice Date 07/01/21 Terms Order No: 887616393 Order Date 06/30/21 PO NUMBER Customer Code 74164806 Ship Via FDX GROUND Qty Ord Qty Ship Qty Bko Item Description SKU#/MFR#Item Price Amount 1 1 1 1 1 1 1 1 1 1 TIFFEN/ 67MM UV PROTECTOR FILTER TIFFEN/ 67MM VARIABLE ND FILTER VELLO ULTRA SCREEN PROTECTOR FOR SONY A7 II SONY NP-FZ100 RECHARGEABLE BATTERY PACK SANDISK XTRM PRO SDXC UHS-II 128GB MEM CRD- Instant Savings: -$12.00 Exp. 06/30/21 Regular Price: $21.71 Your Final Price: $ 9.71 Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: WB WB WB WB WB TIUVP67 TIVND67 VEUSPSA72R SONPFZ100 SAEPSDU128GD (67UVP) (67VND) (GSPU-SA7RII) (NP-FZ100) (SDSDXDK-128G-ANCIN) $7.41 $71.60 $9.71 $58.50 $183.59 $7.41 $71.60 $9.71 $58.50 $183.59 Continued on Next Page ... BN H _ i n v o i c e - R E P R I N T Customer Copy Page 2 of 3 4 Order No.:887616393 Bid No.:R201202-P Bill To:HIGH FIVE ACCESS MEDIA J.K. PERRY 281 METCALF ROAD UNIT 203 AVON, CO 81620 USA Ship To: JOHN-KENNETH PERRY 901 CRAZY HORSE CIRCLE EDWARDS, CO 81632 Bill Phone:(970)949-5657 Ship Phone:(970)390-2170 Invoice Date 07/01/21 Terms Order No: 887616393 Order Date 06/30/21 PO NUMBER Customer Code 74164806 Ship Via FDX GROUND Qty Ord Qty Ship Qty Bko Item Description SKU#/MFR#Item Price Amount 1 1 1 1 SONY ALPHA A7S III DIGITAL CAMERA SANDISK XTRM PRO SDXC UHS-II 64GB MEM CARD- SERIAL #: S013399054J Salesperson Code: Salesperson Code: WB WB SOA7S3 SAEPSDU64GBD (ILCE7SM3/B) (SDSDXDK-064G-ANCIN) $3,093.92 $96.62 $3,093.92 $96.62 Payment Type Card/Check Number Amount VISA CARD VISA CARD ************4232 ************4232 3,981.20 58.50 Sub-Total:$4,039.70 Total Order:$4,039.70 Total Payment:$4,039.70 Balance:USD $.00 BN H _ i n v o i c e - R E P R I N T Customer Copy Page 3 of 3 5 Order No.:896997859 Bid No.:R201202-OMNIA-P Bill To:HIGH FIVE ACCESS MEDIA J.K. PERRY PO BOX 5600 AVON, CO 81620 USA Ship To: J.K. PERRY HIGH FIVE ACCESS MEDIA 281 METCALF ROAD UNIT 203 AVON, CO 81620 Bill Phone:(970)949-5657 Work Phone:(970)949-5657 Ship Phone:(970)949-5657 Invoice Date 12/09/22 Terms Order No: 896997859 Order Date 12/09/22 PO NUMBER Customer Code 38232708 Ship Via FDX GROUND Qty Ord Qty Ship Qty Bko Item Description SKU#/MFR#Item Price Amount 1 1 2 1 1 1 2 1 MIDDLE-ATLANTIC LEVELING FEET W/RUBBER ISOL JVC GY-HC500U CONNCTD CAM 4K PROF CMCORDR Manufacturer©s Rebate Free Item SANDISK 128GB EXTREME PRO UHS-I SD MEMORY C VIEWSONIC 24 SUPERCLEAR IPS FULL HD MONITOR Instant Savings: -$300.00 Exp. 03/31/23 Instant Savings: -$10.00 Exp. 12/18/22 SERIAL #: SERIAL #: GY-HC500UV 14770348 Regular Price:$3280.03 Your Final Price:$2980.03 VC42228C2652 Regular Price: $139.34 Your Final Price: $129.34 Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: WB WB WB WB MILFISO JVGYHC500U SA128GBEPSD VIVA2456MHD (LF-ISO) (GY-HC500U) (SDSDXXD-128G-ANCIN) (VA2456-MHD) $33.72 $2,980.03 $32.36 $129.34 $33.72 $2,980.03 $64.72 $129.34 Continued on Next Page ... BN H _ i n v o i c e - R E P R I N T Customer Copy Page 1 of 3 6 Order No.:896997859 Bid No.:R201202-OMNIA-P Bill To:HIGH FIVE ACCESS MEDIA J.K. PERRY PO BOX 5600 AVON, CO 81620 USA Ship To: J.K. PERRY HIGH FIVE ACCESS MEDIA 281 METCALF ROAD UNIT 203 AVON, CO 81620 Bill Phone:(970)949-5657 Work Phone:(970)949-5657 Ship Phone:(970)949-5657 Invoice Date 12/09/22 Terms Order No: 896997859 Order Date 12/09/22 PO NUMBER Customer Code 38232708 Ship Via FDX GROUND Qty Ord Qty Ship Qty Bko Item Description SKU#/MFR#Item Price Amount 2 1 2 1 1 2 1 2 1 1 PORTA-BRACE 3CAM CARGO CASE CAMERA EDITION KANEXPRO 4K HDMI 2-PORT SLIM SPLITTER CANARE L-3CFW HDSDI VID CBL BNC M TO M 3© B APC BACK-UPS ES 8 OUTLET 550VA 120V RIP-TIE 1" X 6.5" CABLE WRAP 10-PACK (BLACK Instant Savings: -$ 7.23 Exp. 12/31/22 Regular Price: $89.60 Your Final Price: $82.37 Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: Salesperson Code: WB WB WB WB WB POCAR3CAMS KASPHD1X24K CA35HSVB03BL APBE550G RI16510PB (CAR-3CAMS) (SP-HD1X24K) (CA35HSVB03BL) (BE550G) (RLH-065-010-BK) $177.39 $37.77 $14.96 $82.37 $20.21 $354.78 $37.77 $29.92 $82.37 $20.21 Continued on Next Page ... BN H _ i n v o i c e - R E P R I N T Customer Copy Page 2 of 3 7 2/3/23, 4:10 PM Apple Store for Government : Your Cart https://ecommerce.apple.com/asb2bstorefront/asb2b/en/USD/cart 1/2 Apple Store for STATE & LOCAL GOVERNMENT Your Cart Update Send Cart Checkout Add Remove All Item Picture Description Quantity Total Quantity Unit Price Total Price Mac Studio: Apple M1 Max chip with 10-core CPU and 24-core GPU, 512GB SSD MJMV3LL/A Configure Remove Item Specifications Estimated Shipping: In Stock -Select the Apple Care plan to include Applicable terms and conditions can be viewed by clicking each AppleCare product link 1 1,799.00 USD 1,799.00 USD Apple Studio Display - Standard Glass - Tilt-Adjustable Stand MK0U3LL/A Remove Item Estimated Shipping: In Stock -Select the Apple Care plan to include Applicable terms and conditions can be viewed by clicking each AppleCare product link 1 1,499.00 USD 1,499.00 USD AppleCare+ for Mac Studio SELL2LL/A Unit Price: 135.00 USD 1 AppleCare+ for Apple Studio Display SEJX2LL/A Unit Price: 119.00 USD 1 * All orders placed on the Apple store for STATE & LOCAL GOVERNMENT will be reviewed for tax-exempt status Alabama Subtotal:3,298.00 USD Estimated Tax:0.00 USD Total:3,298.00 USD Copyright © 2023 Apple Inc. All rights reserved.Terms of Use | Privacy Policy | The Applicable Terms Help | Contact Us       Part Number  Quantity  Quantity State Zip Code 8 TO: Honorable Mayor Phillips and Council members FROM: Joel McCracken, Finance Manager RE: Construction PIF Collection Agreement, Resolution 23-08 DATE: May 4th, 2023 SUMMARY: The Town of Avon and Traer Creek Metropolitan District have been working towards a more effective and efficient solution to collecting sales taxes on construction materials for construction projects located in the Village at Avon. Resolution 23-08 proposes the Town assumes responsibility for the collection of the PIF (Public Improvement Fee) and Add-On PIF on construction materials. Currently, contractors must complete three individual tax forms when submitting a return for work performed in the Village at Avon. This resolution consolidates this into a single form, located online using our tax collection system MuniRevs. FINANCIAL CONSIDERATIONS: With this agreement the Town will retain an administrative fee of 5% of the PIC fee collected. Further, the Town is entitled to be reimbursed for the proportionate amount of reimbursable expenses it incurs with respect to the Credit PIF Component and Add-On PIF Component revenues. BACKGROUND: Between 2019 and 2020, a major construction project for the Piedmont Apartments commenced and was completed. Town staff worked diligently with CliftonLarsonAllen and contractors to ensure compliance with the Town of Avon and Traer Creek Metropolitan District tax filing requirements. The collection of sales tax throughout the project was difficult and time-consuming for both entities. With the new development of the Dual-Brand Hotel and Maverick Gas Station on the Northside of I-70, the purpose of this agreement is to alleviate difficulties for all parties involved and to ensure each entity is collecting an accurate amount of revenues pertaining to these projects and future projects. PROPOSED MOTION: “I move to approve Resolution 23-08, Approving the PIF Collection Services Agreement for Construction.” Thank you, Joel ATTACHMENTS: Attachment A Resolution 23-08 Attachment B Construction PIF Collection Services Agreement Page 1 of 1 RESOLUTION NO. 23-08 APPROVING A PUBLIC IMPROVEMENT FEES COLLECTION SERVICES AGREEMENT FOR CONSTRUCTON WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, the Village (at Avon) Commercial Public Improvement Company, (“Commercial PIC”), The Village (at Avon) Mixed-Use Public Improvement Company, (“Mixed-Use PIC”), and Traer Creek Metropolitan District (“TCMD”) (collectively the “Districts”) wish to enter into an agreement with the Town for the collection of the Districts imposed Public Improvement Fees (PIF) as it relates to construction materials delivered within the Village; and WHEREAS, the Town is willing to collect the PIF as it relates to construction materials delivered within the Village; and WHEREAS, the Town Council wishes to approve the Construction PIF Collection Services Agreement and believes that doing so is in the best interests of the Town. NOW THEREFORE, THE TOWN COUNCIL, HEREBY RESOLVES: Section 1 The foregoing recitals are incorporated herein as if set forth in full and are adopted as findings. Section 2 The Town Council hereby approves the Construction PIF Collection Services Agreement attached as Exhibit A, authorizes the Town Manager to execute the same. ADOPTED MAY 9, 2023 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva , Town Clerk Attachment A CONSTRUCTION PIF COLLECTION SERVICES AGREEMENT (Construction Materials) THIS CONSTRUCTION PIF COLLECTION SERVICES AGREEMENT (Construction Materials) (“Agreement”) is made as of _________________, 2023 (“Effective Date”) by and among the Town of Avon, a home rule municipal corporation and political subdivision of the State of Colorado (“Town”), The Village (at Avon) Commercial Public Improvement Company, a Colorado nonprofit corporation (“Commercial PIC”), The Village (at Avon) Mixed-Use Public Improvement Company, a Colorado nonprofit corporation (“Mixed-Use PIC”), and Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (“TCMD”). RECITALS This Agreement is made with reference to the following facts: A.Capitalized terms used in this Agreement have the meanings set forth in the schedule of defined terms attached at Exhibit E. Each of the Exhibits are incorporated into and made a part of this Agreement. B.Pursuant to the Commercial Declaration, Commercial Declarant has imposed, among other matters, the Public Improvement Fees on Taxable Transactions occurring within the Commercial Property. C.Pursuant to the Mixed-Use Declaration, Mixed-Use Declarant has imposed, among other matters, the Public Improvement Fees on Taxable Transactions occurring within the Mixed-Use Property. D.Pursuant to and in accordance with their governance documents, the PICs were organized as Colorado nonprofit corporations, constitute the “Company” under the respective Declarations and, among other matters the Declarations grant to the PICs the authority to perform, the PICs have authority to establish the rates of the Public Improvement Fees, to levy and cause the collection of the Public Improvement Fees, to enter into collection services agreements and the Fee Assignment Agreements, and to otherwise receive, utilize, assign and administer the revenues resulting from the levy and collection of the Public Improvement Fees. E.The Districts were organized pursuant to State law in order to facilitate the financing, acquisition, construction and completion of certain public improvements and other services needed for the development of The Village (at Avon). The Districts were established, and have agreed to work cooperatively, to finance, acquire, construct, and complete the public improvements in accordance with the Districts’ service plans and the CARADA. F.Pursuant to the Declarations and the Fee Assignment Agreements, the PICs assigned the Credit PIF Revenues to TCMD and consented to TCMD’s assignment of the Credit PIF Revenues to VMD, to be utilized in connection with financing of public improvements as 1 2477668.32477668.4 Attachment B contemplated in the Districts’ service plans and the CARADA, including but not limited to the Series 2020 Bonds, any refinancing or refunding of the Series 2020 Bonds, and any other similar municipal bond issuances or other financing arrangements of either or both of the Districts. G.Pursuant to the Declarations and the CARADA, the Add-On RSF Revenues are the property of and are to be remitted to the Town to the extent required to satisfy the Municipal Payments obligations set forth in the CARADA until the Tax Credit Termination Date occurs. H.Pursuant to the Add-On PIF Collection Services Agreement, the PICs have engaged the Add-On RSF Collection Agent to collect and remit the Add-On RSF Revenues and the Add-On PIF Revenues, if any, in accordance with the terms and conditions of the CARADA and the Declarations. I.Pursuant to the Credit PIF Collection Services Agreement, the PICs have engaged the Credit PIF Collection Agent to collect and remit the Credit PIF Revenues in accordance with the terms and conditions of the CARADA and the Declarations. J.Pursuant to its Sales Tax Code, the Town has the legal authority to impose and collect from Contractors its Sales Tax on the taxable value of Construction Materials delivered into the Town for use in Construction Activities. K.To the extent otherwise subject to the Sales Tax pursuant to the Sales Tax Code (or, if imposed after the Effective Date, Use Tax) as determined by the Town, deliveries into The Village (at Avon) of Construction Materials (“Village Construction Materials”) for use in Construction Activities within The Village (at Avon) (“Village Construction Activities”) constitute Taxable Transactions with respect to which the PICs have legal authority pursuant to the Declarations to impose and collect the Public Improvement Fees, and the Tax Credit attaches upon payment of the Public Improvement Fees as provided in the Sales Tax Code. L.The Parties have determined that certain logistical impediments render timely and accurate calculation and collection of the Public Improvement Fees applicable to Village Construction Materials (“Construction Materials PIF Revenues”) inefficient and impractical, such that it is in the Parties’ best interests that the PICs and TCMD engage the Town, acting by through its Finance Director, as the PICs’ and TCMD’s agent for collection and disposition of Construction Materials PIF Revenues (“Construction PIF Collection Agent”), and that the Town accept such engagement, subject to and in accordance with the terms and conditions of this Agreement. M.The Credit PIF and the Add-On RSF (and the additional Add-On PIF, if any, of which there is none as of the Effective Date) are private fees imposed pursuant to the Declarations, and are not imposed or collected through the exercise of any Town power. The resulting Construction Materials PIF Revenues are not tax revenues in any form, are the property of the PICs, TCMD (as assigned to VMD in connection with the Series 2020 Bonds) and/or the Town (in its governmental capacity and not in its capacity as Construction PIF Collection Agent), as applicable, and are pledged and to be used solely for the purposes set forth in the Declarations, the Fee Assignments and the CARADA. The Town’s legal authority to collect Construction Materials PIF Revenues is derived solely through its appointment as Construction 2 2477668.32477668.4 PIF Collection Agent pursuant to, and is limited by and will be enforceable only in accordance with the terms and conditions of, this Agreement. Although not a Party, VMD has consented to this Agreement. N.Any indebtedness or other financial obligation of the PICs and of the Districts does not constitute an obligation, indebtedness or multiple fiscal year financial obligation of the Town, does not constitute or give rise to a pecuniary liability of the Town or a charge against the Town’s general credit or taxing powers, and the Town has no obligation of any nature arising pursuant to this Agreement to pay the principal of or interest on the Series 2020 Bonds or any other indebtedness or other financial obligation of the PICs and the Districts. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual agreements, promises and covenants herein contained, and other good and valuable consideration, the receipt of sufficiency are acknowledged, the Parties agree as follows: SECTION 1 Construction PIF Collection Agent Appointment and Functions 1.1.Appointment of Town as Construction PIF Collection Agent. The PICs and TCMD appoint the Town as Construction PIF Collection Agent, and the Town accepts such appointment, for purposes of receiving, collecting, accounting for, administering and disposition of Construction Materials PIF Revenues that become due and payable during the Term. (a)Limited Agency. The Construction PIF Collection Agent is not the agent of any Person other than the PICs and TCMD, and will have only those responsibilities expressly stated in this Agreement. The Construction PIF Collection Agent’s obligations under this Agreement do not constitute a multiple fiscal year direct or indirect debt or other financial obligation of the Town. Except to the extent such costs are for services compensated by the Collection Fee, or are reimbursable to the Construction PIF Collection Agent or otherwise payable from Construction Materials PIF Revenues pursuant to this Agreement, the payment of any costs incurred or to be incurred by the Town in performing its Construction PIF Collection Agent obligations will be subject to annual appropriation by Town Council. (b)Term of Agency. The term of this Agreement and of the Construction PIF Collection Agent’s obligations pursuant to this Agreement (“Term”) will commence on the Effective Date and will continue through and including the earlier to occur of: (i) the date on which the Construction PIF Collection Agent has collected and disbursed, pursuant to the terms and conditions of this Agreement, all Construction Materials PIF Revenues that become due and payable by Contractors prior to the Tax Credit Termination Date; and (ii) the date on which the Parties terminate this Agreement by resignation or replacement in accordance with Section 3.5. 1.2. Ownership and Disposition of Construction Materials PIF Revenues. Pursuant to the Declarations, the Fee Assignment Agreements and the CARADA, as applicable, and unless TCMD and the PICs otherwise deliver Notice to the Construction PIF Collection Agent, the 3 2477668.32477668.4 lawful beneficiaries and legal owners of the components of the Construction Materials PIF Revenues are as follows: (a)Credit PIF Revenues; Credit PIF Component; Net Credit PIF Revenues. Subject to the terms and conditions of TCMD’s assignment to VMD of Credit PIF Revenues in connection with the Series 2020 Bonds, and further subject to the PICs’ reversionary interest in the Credit PIF Revenues, TCMD is the lawful beneficiary and legal owner of the Credit PIF Revenues and such Credit PIF Revenues are required to be remitted to the Credit PIF Collection Agent for disposition by the Credit PIF Collection Agent in accordance with the terms and conditions of the Credit PIF Collection Services Agreement. Accordingly: 1.Credit PIF Component. TCMD is the lawful beneficiary and legal owner of the Credit PIF Component and, after deduction of the Collection Fee, the Net Credit PIF Revenues are required to be remitted to the Credit PIF Collection Agent for disposition by the Credit PIF Collection Agent in accordance with the terms and conditions of the Credit PIF Collection Services Agreement. 2.Net Credit PIF Revenues. Therefore, during the Term, the Construction PIF Collection Agent will collect the Credit PIF Component and, after deducting the Collection Fee from such Credit PIF Component revenues, will remit the Net Credit PIF Revenues to the Credit PIF Collection Agent pursuant to the terms and conditions of this Agreement.[Note: Town margin comment APP1 was “Why not remit to CLA and not directly to the Town?” While open to more efficient and accurate collection/remittance mechanisms, it’s unclear how that would work and also how it would impact drafting of the balance of the agreement as well as the (to-be-prepared) forms. Please elaborate and perhaps the parties can discuss.] (b)Add-On RSF Revenues; Add-On RSF Component; Municipal Payments. Subject to the terms and conditions of the CARADA and the Declarations, the Town (in its governmental capacity, and not in its capacity as Construction PIF Collection Agent) is the lawful owner of that portion of the Add-On RSF Revenues which is required to satisfy the Municipal Payments obligation. As of the Effective Date but subject to adjustment as set forth below, 100% of the Add-On RSF Revenues is required to satisfy the Municipal Payments obligation. Accordingly: 1.Municipal Payments Methodology. The portion of the Add-On RSF Component which is required to satisfy the Municipal Payments obligation is required to be determined pursuant to the following methodology (“Municipal Payments Methodology”): (A)As of the Effective Date, the Town’s Sales Tax rate is 4.0% and the Add-On RSF rate is 0.75%. (B)For so long as the Town’s Sales Tax rate remains (or, if applicable, Use Tax rate is established and remains) at 4.0%, the amount of the Municipal Payments derived from Construction Materials PIF Revenues will equal the gross 4 2477668.32477668.4 proceeds resulting from imposition of the 0.75% Add-On RSF rate to Village Construction Materials that are Taxable Transactions. (C)If the Town increases the Sales Tax (or, if applicable, Use Tax) rate above 4.0% during any period for which Municipal Payments are to be remitted to the Town, the amount of Municipal Payments derived from the Add-On RSF Component will be reduced in the same degree as any Sales Tax (or, if applicable, Use Tax) rate increase above 4.0%. (D)By way of example, if the Town increases its Sales Tax (or, if applicable, Use Tax) rate by 0.25% (from 4.0% to 4.25%), the portion of the Add-On RSF Component revenues required to satisfy the Municipal Payments obligation will be that amount equivalent to a reduction of 0.25% in the rate of the Add-On RSF as applied to Village Construction Materials (i.e., the revenue realized from a rate of 0.50% rather than the revenue realized from a rate of 0.75%);provided,however, the foregoing modification to the calculation of Municipal Payments will not be construed as requiring the PICs to implement a corresponding reduction of the Add-On RSF rate, and any portion of Add-On RSF Component revenues in excess of the amount required to satisfy the Municipal Payments obligation, as so modified, will constitute Add-On PIF Component revenues which are the property of, as applicable, TCMD or the applicable PICs. 2.Add-On RSF Component. As of the Effective Date, the Town is the lawful beneficiary and legal owner of the Add-On RSF Component, 100% of which is required to satisfy the Municipal Payments obligation, and such Municipal Payments are required to be remitted to the Town for utilization in accordance with the terms and conditions of the CARADA. The percentage of Add-On RSF Component revenues required to satisfy the Municipal Payments obligations is subject to adjustment from time to time pursuant to the Municipal Payments Methodology. 3.Municipal Payments. Therefore, during the Term and pursuant to the terms and conditions of this Agreement, the Construction PIF Collection Agent will collect and retain from the Add-On RSF Component, and will transfer to the Town (in its governmental capacity), the portion of the Add-On RSF Component which is required to satisfy the Municipal Payments obligation, the amount of which will be determined for each Reporting Period pursuant to the Municipal Payments Methodology. (c)Add-On PIF Revenues; Add-On PIF Component; Net Add-On PIF Revenues. As of the Effective Date, the Add-On PIF consists only of the Add-On RSF, there are no Add-On PIF Revenues other than or in addition to the Add-On RSF Revenues which are required to satisfy the Municipal Payments obligations, 100% of the Add-On RSF Component is required to satisfy the Municipal Payments obligation, and there is no Add-On PIF Component. If, pursuant to the Declarations and after the Effective Date, the Add-On PIF is imposed at a rate in excess of the Add-On RSF rate and/or the Add-On RSF rate produces revenues in amounts greater than are required to satisfy the Municipal Payments obligations, such excess Add-On RSF Component revenue will, together with any revenues resulting from imposition of the Add-On PIF at a rate in excess of the Add-On RSF rate, constitute Add-On PIF Revenues. Subject to the terms and 5 2477668.32477668.4 conditions of the Fee Assignment Agreements, the lawful beneficiaries and legal owners of the Add-On PIF Revenues, if any, that are in excess of the Add-On RSF Component revenues required to satisfy the Municipal Payments obligation will be the Commercial PIC (with respect to such Add-On PIF Revenues generated from the Commercial Property pursuant to the Commercial Declaration) and the Mixed-Use PIC (with respect to such Add-On PIF Revenues generated from the Mixed-Use Property pursuant to the Mixed-Use Declaration). Accordingly: 1.Add-On PIF Component. The Add-On PIF Component will be comprised of the following revenues, if and as applicable: (A) if and at such time as application of the Municipal Payments Methodology establishes that Add-On RSF Component revenues are collected in amounts which are in excess of the Municipal Payments obligation, the portion thereof which is in excess of the Municipal Payments obligation; and (B) if and at such time as either or both of the PICs impose the Add-On PIF at a rate in excess of the Add-On RSF rate, 100% of revenues collected from imposition of such Add-On PIF rate. The lawful beneficiaries and legal owners of such Add-On PIF Component revenues, if any, will be the Commercial PIC (with respect to such Add-On PIF Component revenues generated from the Commercial Property pursuant to the Commercial Declaration) and the Mixed-Use PIC (with respect to such Add-On PIF Component revenues generated from the Mixed-Use Property pursuant to the Mixed-Use Declaration). 2.Net Add-On PIF Revenues. Therefore, during the Term and pursuant to the terms and conditions of this Agreement, the Construction PIF Collection Agent will collect the Add-On PIF Component revenues (inclusive of the Add-On RSF Component revenues), will determine the portion, if any, of the Add-On RSF Component revenues that constitute Add-On PIF Component and, after deducting the Collection Fee from such Add-On PIF Component revenues, will remit the Net Add-On PIF Revenues to the Add-On RSF Collection Agent. 1.3.Calculation of Construction Materials PIF Revenues Payable by Contractors. At the time required pursuant to Section 1.4(b), the Construction PIF Collection Agent will determine whether and at what value Village Construction Materials are Taxable Transactions which are subject to the Public Improvement Fees. The Construction PIF Collection Agent will make such determinations utilizing the same methodology the Town utilizes for determining whether and at what value Construction Materials are Taxable Transaction which are subject to Sales Taxes (or, if applicable, Use Taxes). The Construction PIF Collection Agent will determine the amount of Construction Materials PIF Revenues due and payable by the applicable Contractor(s) by applying the Public Improvement Fees rates in effect at the time required pursuant to Section 1.4(b) to the value of Village Construction Materials that constitute the Taxable Transactions. (a)Applicable Public Improvement Fees and Rates. As of the Effective Date, the Public Improvement Fees, and rates thereof, applicable to Village Construction Materials which are Taxable Transactions are set forth in the Schedule of Public Improvement Fees Rates attached at Exhibit A. (b)Modifications to Schedule of Public Improvement Fees Rates. Pursuant to the Declarations, the PICs may, from time to time, modify the rates of the Public Improvements 6 2477668.32477668.4 Fees. Not less than thirty (30) days prior to implementing a rate modification, the PICs will deliver Notice thereof to the Construction PIF Collection Agent. The Notice will include the required effective date of the rate modification and an updated Exhibit A, which updated Exhibit A will amend, supersede and replace the schedule of Public Improvement Fees rates set forth in the prior Exhibit A and be incorporated into and made a part of this Agreement (which will not require an amendment to this Agreement). The Construction PIF Collection Agent will apply such modified rates to the value of Village Construction Materials which constitute Taxable Transactions that occur on and after the stated effective date of the rate modification. 1.4.Collection of Construction Materials PIF Revenues. Unless otherwise supplemented or modified from time to time by the PICs’ and/or TCMD’s delivery of Notice to the Construction PIF Collection Agent (which will not require an amendment to this Agreement), the Construction PIF Collection Agent will utilize procedures for the collection, segregation, delinquencies and reporting (but not for the calculation, which is governed by Section 1.3) of Construction Materials PIF Revenues that are substantially similar to the procedures the Town utilizes from time to time for Sales Taxes (or, if applicable, Use Taxes) as applied to Construction Materials that are Taxable Transactions. Consistent with such Town procedures in effect as of the Effective Date, the Parties anticipate the Construction PIF Collection Agent will utilize procedures substantially consistent with those described below. (a)Applicability of Public Improvement Fees. The Public Improvement Fees will apply to all Village Construction Materials which are Taxable Transactions that occur prior to the Tax Credit Termination Date, and the Construction PIF Collection Agent will collect the resulting Construction Materials PIF Revenues from Contractors during the Term. No Public Improvement Fees will be imposed on Taxable Transactions that occur after the Tax Credit Termination Date. The Sales Tax Code (or, if applicable, the Town’s applicable Use Tax provisions and regulations) will govern the determination of whether Village Construction Materials are Taxable Transactions, and the Town’s determination will be dispositive for purposes of the Construction PIF Collection Agent’s obligation to collect Construction Materials PIF Revenues that are due and payable on such Taxable Transactions. (b)Fee Remittance Date. The Fee Remittance Date on which Contractors’ obligation to remit the Construction Materials PIF Revenues to the Construction PIF Collection Agent arises, and on which the Construction PIF Agent will be obligated to collect such Construction Materials PIF Revenues, will be established substantially as set forth below. 1.At Permit Issuance. If the Town collects Sales Taxes (or, if applicable, Use Taxes) on Construction Materials in connection with and prior to the Town’s issuance of Permits for Construction Activities, the applicable Fee Remittance Date will be the date on which Town would require payment of applicable Sales Taxes (or, if applicable, Use Taxes). The Town will not issue Permits for Village Construction Activities prior to the applicable Contractors’ payment in full to the Construction PIF Collection Agent of the Construction Materials PIF Revenues applicable to Village Construction Materials that are Taxable Transactions. 2.Periodically. Alternatively, if the Town collects Sales Taxes (or, if applicable, Use Taxes) on Construction Materials on a monthly (or other periodic) basis 7 2477668.32477668.4 after issuance of Permits for the related Construction Activities and requires Contractors to file reports for that purpose within applicable Reporting Periods, the Town will require Contractors to file Contractor Reports with, together with payment in full of the Construction Materials PIF Revenues applicable to Village Construction Materials that are Taxable Transactions during the applicable Reporting Period to, the Construction PIF Collection Agent within the same Reporting Periods and on the same Fee Remittance Date. 3.Adjustments and Corrections. In a manner consistent with the Town’s generally applicable procedures and requirements for such matters in connection with Sales Taxes (or, if imposed after the Effective Date, Use Taxes) imposed and collected on Construction Materials utilized in Construction Activities, a Contractor will have the right to file with the Construction PIF Collection Agent true and complete copies of revised reports, returns, statements and records in regard to an adjustment (including without limitation refunds, additions or other modifications) to information contained in a previously filed Contractor Report. The Construction PIF Collection Agent will review and verify proposed adjustments to Construction Materials PIF Revenues previously paid or payable by a Contractor in a manner substantially similar to the process followed by the Town for an adjustment of Sales Tax (or Use Tax, if applicable) payments made with respect to Construction Materials utilized in connection with Construction Activities. Upon verifying the validity and accuracy of the proposed adjustment, the Construction PIF Collection Agent will deliver written confirmation thereof to the Contractor. If the verified adjustment results in an increase to or reduction in the amount of Construction Materials PIF Revenues the Contractor paid in a prior Reporting Period, the Contractor will include the additional amount in, or deduct the overpayment amount from, Construction Materials PIF Revenues payable in the next subsequent Reporting Period, will reflect such adjustment in the corresponding Contractor Report, and the Construction PIF Collection Agent will reflect such adjustments in the next Monthly Report. If the Construction PIF Collection Agent verifies that a Contractor made an overpayment but the related Construction Activities have been completed such that the Contractor will not file a subsequent Contractor Report against which the overpayment can be credited, the Construction PIF Collection Agent will submit to the Credit PIF Collection Agent (for overpayment of Credit PIF Component revenues) and/or the Add-On RSF Collection Agent (for overpayment of Add-On RSF Component revenues), as applicable, with copies to the PICS and TCMD by Notice, a written request (which may be incorporated into or submitted with the pertinent Monthly Report) for a refund of such overpayment from Construction Materials PIF Revenues previously remitted with prior Monthly Reports, which written request must include a statement by the Construction PIF Collection Agent that it has reviewed and verified the validity of the refund being requested. The Town will be solely responsible for refunds of Add-On RSF Component revenues it previously received in satisfaction of the Municipal Payments obligation. The Construction PIF Collection Agent will retain all reports and back-up documentation regarding such adjustments for a period of at least three (3) years from the date of submission thereof and such materials will be subject to audit during such period pursuant to Section 2.3. 8 2477668.32477668.4 1.5.Disposition of Construction Materials PIF Revenues. The Construction PIF Collection Agent will receive Construction Materials PIF Revenues remitted by each Contractor and will separately account for the portions thereof that comprise, respectively: (i) Credit PIF Component revenues; (ii) Add-On RSF Component revenues required to satisfy the Municipal Payments obligation; and (iii) Add-On PIF Component revenues, if any. By the twentieth (20th) day of the subsequent month after receipt, the Construction PIF Collection Agent will remit or transfer: (A) the Net Credit PIF Revenues to the Credit PIF Collection Agent; (B) that portion of the Add-On RSF Component revenues required to satisfy the Municipal Payments obligation to the Town; and (C) Net Add-On PIF Revenues, if any, to the Add-On RSF Collection Agent. [Need to discuss w/ Scott how the Town will receive payment of the Construction Materials PIF Revenues – e.g., electronically into a TCMD account (administered either by the Town or CLA), by check payable to the TCMD, etc., as that will impact how to discuss keeping Construction Materials PIF Revenues segregated from Town funds, and accounting for Credit PIF revenues (to be remitted to CLA as Credit PIF Collection Agent) separately from Add-On RSF revenues for Municipal Payments (to the Town) and from Add-On PIF Revenues (if any, to CLA as Add-On RSF Collection Agent). Note: Town margin comment APP2 was “Our recommendation would be to set up a separate agency fund that would be the recipient of the Construction Materials PIF Revenues. This would resolve the issue of segregating the Revenues from Town funds. Then in the subsequent month after closing, the Revenues would be remitted to either the Credit PIF Collection Agent or the Town.” This seems workable. Is there anything that needs to be incorporated into the draft agreement to reflect and document this (and, if so, what is the appropriate language/terminology)? Also, this by implication seems to accept that the question posed in APP1 is resolved by payor remittance of the Credit PIF Component Revenues to the Town (as collecting agent) rather than directly to CLA – correct?] SECTION 2 Preparation and Disbursement of Reports; Audits 2.1.Preparation and Delivery of Reports. (a)Contractor List. From time to time but not later than the last day of each calendar month during the Term, each of the Parties, to the extent it has actual knowledge thereof, will provide to the other Parties a list of the name and address of each Contractor who is actively engaged in Village Construction Activities. Each Party will deliver Notice of such information in substantially the manner described below. 1.PICs. The PICs will seek to coordinate with and obtain from The Village (at Avon) Master Design Review Board (“DRB”) a list of each development project for which the DRB has approved an application involving Village Construction Activities, together with the name of and contact information for the applicant, the legal description of the site on which such approved Village Construction Activities will occur, and information available to the DRB, if any, regarding the Contractors anticipated to be engaged, or anticipated to be engaged, in such approved Village Construction Activities (“DRB Information”). To the extent obtained from the DRB, the PICs will provide such DRB Information to the Construction PIF Collection Agent and the other Parties. 9 2477668.32477668.4 2.Town/Construction PIF Collection Agent. In connection with issuance of Permits for Village Construction Activities, the Town will seek to obtain and will provide to the Construction PIF Collection Agent a list of Contractors actively engaged in Village Construction Activities. The Construction PIF Collection Agent will consolidate the DRB Information it receives from the PICs and Districts with information it receives in connection with the Town’s issuance of Permits for Village Construction Activities, will create, maintain and update on a monthly basis a current listing of such Contractors (“Contractor List”), and will deliver a copy of the Contractor List to each of the PICs and Districts. (b)Contractor Reports. The Construction PIF Collection Agent will provide to each Contractor identified in the then-current Contractor List report substantially in the form and containing substantially the information set forth in Exhibit B or as otherwise mutually agreed upon in writing by the Parties, which will not require an amendment to this Agreement (“Contractor Report”). The Construction PIF Collection Agent will require each such Contractor to submit a fully completed Contractor Report, together with the Construction Materials PIF Revenues due and payable for such Reporting Period to the Construction PIF Collection Agent on the then-applicable Fee Remittance Date pursuant to Section 1.4(b), in a manner consistent with the Town’s generally applicable procedures for collection of Sales Taxes (or, if applicable, Use Taxes) on Construction Materials utilized in connection with Construction Activities, regarding the dollar value of Village Construction Materials that are Taxable Transactions during the applicable Reporting Period and total Public Improvements Fees due and payable thereon. (c)Monthly Reports. Based on the Contractor Reports and the total amount of Construction Materials PIF Revenues the Construction PIF Collection Agent received in the immediately preceding month, the Construction PIF Collection Agent will prepare a written report substantially in the form and containing substantially the information set forth in Exhibit C or as otherwise mutually agreed upon in writing by the Parties, which will not require an amendment to this Agreement (“Monthly Report”).Each Monthly Report will list the aggregate total, for the applicable month and cumulatively for the current calendar year to date, of: (i) the value of Village Construction Materials that were Taxable Transactions; (ii) the amount of Construction Materials PIF Revenues the Construction PIF Collection Agent received; (iii) the amount of delinquent Construction Materials PIF Revenues; (iv) the interest and penalties due and payable on such delinquent payment obligations; and (v) the amounts of Delinquent Fees, interest and penalties paid by Contractors. Monthly Reports will not be required to provide such information on a per-Contractor basis. Each Monthly Report will additionally provide a breakdown of the aggregate total amounts, for the applicable month and cumulatively for the current calendar year to date, of the components of such Construction Materials PIF Revenues, as follows: (A) Credit PIF Component revenues collected, together with Net Credit PIF Revenues remitted to the Credit PIF Collection Agent; (B) Add-On RSF Component revenues collected, together with the total Add-On RSF Component revenues transferred to the Town in satisfaction of the Municipal Payments obligation; and (C) Add-On PIF Component revenues, if any, collected in excess of the Add-On RSF Component revenues required to satisfy the Municipal Payments obligation, together with Net Add-On PIF Revenues remitted to the Add-On RSF Collection Agent.[Once we’ve attached the form, we should be able to remove much/most of this language]On or before the 20th day of each month, the 10 2477668.32477668.4 Construction PIF Collection Agent will deliver the Monthly Report covering the immediately preceding month to TCMD, to each of the PICs and, as applicable, to the Credit PIF Collection Agent (with respect to Credit PIF Component revenues), and the Add-On RSF Collection Agent (with respect to Add-On RSF Component revenues and Add-On PIF Component revenues, if any). (d)Annual Reports. Within ninety (90) days after the end of each calendar year, the Construction PIF Collection Agent will deliver to each PIC, TCMD, the Credit PIF Collection Agent and the Add-On RSF Collection Agent an unaudited report substantially in the form attached at Exhibit D or as otherwise mutually agreed upon in writing by the Parties, which will not require an amendment to this Agreement (“Annual Report”). The Annual Report will state the total amount of Construction Materials PIF Revenues the Construction PIF Collection Agent received in the preceding calendar year, together with a breakdown of the total amounts of the components of such Construction Materials PIF Revenues, as follows: (i) Credit PIF Component revenues collected, together with Net Credit PIF Revenues remitted to the Credit PIF Collection Agent; (ii) Add-On RSF Component revenues collected, together with the total Add-On RSF Component revenues transferred to the Town in satisfaction of the Municipal Payments obligation; and (iii) Add-On PIF Component revenues, if any, collected in excess of the Add-On RSF Component revenues required to satisfy the Municipal Payments obligation, together with Net Add-On PIF Revenues remitted to the Add-On RSF Collection Agent.[Once we’ve attached the form, we should be able to remove much/most of this language – Per App3 and APP4, Town agrees. What is our next step in producing the forms and streamlining this language?] 2.2.Delinquency Notices. Not later than the 15th day following the applicable Fee Remittance Date, the Construction PIF Collection Agent will send a delinquency notice by certified mail (the cost of which will be a reimbursable expense pursuant to Section 3.3(b))and by email to any Contractor which: (i) fails to submit a Contractor Report and/or fails to remit Construction Materials PIF Revenues during the immediately preceding or any other prior Reporting Period; or (ii) the Construction PIF Collection Agent has reasonably determined based solely on information contained in the then-current Contractor List and/or Contractor Form submitted by such Contractor, without obligation to investigate or independently verify the accuracy of such information, to have remitted an incorrect amount for any prior Reporting Period. In making any such delinquency determination, the Construction PIF Collection Agent will coordinate with the Director of Finance as reasonably necessary. Such delinquency notice will state that “Delinquency Costs” (as defined in the Commercial Declaration or Mixed-Use Declaration, as applicable) apply. The Construction PIF Collection Agent will deliver Notice, including copies of all delinquency notices (together with a report listing the name of each Contractor to whom a delinquency notice was sent, the amount of such delinquency, and the period for which such Contractors are delinquent), to each of the PICs, TCMD and, until the occurrence of the Tax Credit Termination, the Town with respect to only delinquent Add-On RSF Revenues that comprise any portion of the Municipal Payments.[Town comment APP5 says “Joel needs to sign-off on this process.” Has Joel done so? Change of Section reference from 3.3(b) to 1.1(a) would not be accurate.] 2.3.Audit Procedures. Within [60] calendar days after the end of each calendar year, the Construction PIF Collection Agent will prepare and deliver to an auditor approved in writing by 11 2477668.32477668.4 the PICs and TCMD all materials necessary for preparation of an audit of the Construction PIF Collection Agent’s accounting of all Construction Materials PIF Revenues received and disbursed in the immediately preceding calendar year. In compiling the information to be provided for the audit, the Construction PIF Collection Agent may rely on information provided as required or permitted under this Agreement without any further obligation to investigate or independently verify the accuracy of such information. The Construction PIF Collection Agent’s reasonable costs and expenses incurred in performing and delivering the annual audit are reimbursable expenses, and will be paid from Construction Materials PIF Revenues in the manner and percentages set forth in Section 3.3(b). At reasonable times during the Town’s regular business hours, TCMD, the PICs and/or their designee(s) are authorized to audit, or cause audits to be conducted of, the Construction PIF Collection Agent’s books and records with respect to the collection, accounting for, and disposition of Construction Materials PIF Revenues. If an independent audit uncovers any deficiency in the Construction PIF Collection Agent’s remittance of Construction Materials PIF Revenues (to the extent actually received from Contractors obligated to remit such revenues) to the Credit PIF Collection Agent or Add-On PIF Collection Agent, as applicable, the Construction PIF Collection Agent will, within sixty (60) days after Notice from the Party(ies) conducting the audit, remit the full amount of such deficiency to the Credit PIF Collection Agent or Add-On PIF Collection Agent, as applicable, together with interest thereon (subject to appropriation by the Town Council) at athe rate equal to twenty-five percent (25%) of the prime rate published in the Wall Street Journal on the date of Notice thereof to the Construction PIF Collection Agent (not to exceed five percent (5%)). [Change from 30 days to 60 days seems reasonable as long as it is consistent with TCMD’s and PICS’ timing needs. Change of Section reference from 3.3(b) to 1.1(a) would not be accurate. Town comment proposed deleting the interest on deficiency amount, which does not seem reasonable – is there a different interest rate calculation that would be more acceptable to the Town?]per annum. 2.4.Confidentiality; Not Public Records. Except to the extent required to be included in any report or to be made available for review and audit as required or permitted under the terms of this Agreement, the Construction PIF Collection Agent will maintain in confidence all reports, information, data, and other written materials that are required or contemplated by this Section 2 or other provisions of this Agreement and which it receives and collects in performing its obligations under this Agreement for the benefit of the PICs and TCMD, which Parties are the beneficial owners of such information, including but not limited to (collectively, “PIF Information”): any such information concerning Village Construction Materials that constitute Taxable Transactions; Contractor Lists; Contractor Reports; Monthly Reports; Annual Reports; delinquency notices; Construction Materials PIF Revenues; Credit PIF Component revenues; Add-On RSF Component revenues applied to satisfaction of the Municipal Payments obligation; and Add-On PIF Component revenues, if any. All PIF Information will be used only for purposes of collecting Construction Materials PIF Revenues, monitoring and enforcing Contractors’ obligations under the applicable Declarations to remit the Construction Materials PIF Revenues, complying with the Construction PIF Collection Agent’s reporting obligations under this Agreement and as otherwise may be authorized under this Agreement and the Declarations. The PIF Information will be produced, maintained, retained, and otherwise possessed by the Construction PIF Collection Agent for the benefit of the PICs and TCMD, which Parties are the beneficial owners of such information, and not by the Town in its governmental capacity. For purposes of the Colorado Open Records Act, the Parties consider 12 2477668.32477668.4 such materials to be presumptively excluded from the definition of “public records” of the Town in its governmental capacity and/or as being subject to the Colorado Open Records Act’s mandatory nondisclosure provisions (e.g., C.R.S. § 24-72-204(3)(a)(IV), pertaining to confidential commercial and financial information). Accordingly, if the Town receives a request for inspection of any purported Town public records pertaining to the PIF Information pursuant to the Colorado Open Records Act, the custodian will, prior to producing such material or otherwise responding to such request, deliver Notice thereof to the PICs and TCMD, and the PICs and TCMD will have the right to take steps to protect PIF Information from disclosure to the extent permitted under State law.[Town comment APP6 says the CORA section reference is to the “wrong section of CORA”. What does the town think is the correct section? 204(3)(a)(IV) mandates nondisclosure of “Trade secrets, privileged information, and confidential commercial, financial . . . data.” This seems to be applicable in this context. The requested revision from “custodian” to “Construction PIF Collection Agent” does not seem appropriate since CORA uses the term “custodian” in reference to public (governmental) records and open records issues. The provision above is addressing the (neither intended result nor intent of the Parties) contingency that the financial data obtained by the Construction PIF Collection Agent is a “record” within the meaning of CORA and, instead, is construed as a “record” of the Town in its governmental capacity (at which point it would be the “custodian” whose actions are at issue under CORA. For CORA purposes generally, who does the Town consider to be “custodian”?] 1.0.1. TCMD will file, or cause to be filed, with the Collecting Agent a Waiver of Confidentiality executed by each Contractor authorizing the Collecting Agent to share all information contained in the reports, returns and other documents delivered by the Contractor or Contractor to the Collecting Agent pursuant to the terms of the PIF Covenants. The Collecting Agent will be responsible for providing Reports to the Report Recipients only for Contractors for whom the District have provided a Waiver of Confidentiality, and TCMD will indemnify and hold the Town harmless from any liability that may arise in connection with the release of such Reports to the Report Recipients. Unless otherwise prohibited by law, the Parties will comply with all confidentiality provisions of the PIF Covenants.[Not sure how the Districts or PICs would have any opportunity to obtain a Waiver of Confidentiality from Contractors – probably won’t even know who they are or when they’d be engaging in Taxable Transactions w/ respect to Village Construction Materials. Town comment APP7 agrees with this comment. That being the case, should we just delete 1.1.1 altogether, or are there other mechanisms to consider if the underlying concept is viewed as necessary? The language is from the Town’s initial draft (didn’t conform to revised defined terms, etc., pending addressing the workability issue).] a. The Collecting Agent will not be obligated to provide any information described herein with respect to any Contractor or Contractor until such time as a Waiver of Confidentiality executed by such Contractor has been provided to the Collecting Agent. 13 2477668.32477668.4 SECTION 3 General Provisions 3.1.Intergovernmental Agreement. As described in Section 1.2, the Recitals and other provisions of this Agreement, and subject to the terms and conditions of the Declarations, the Fee Assignments and the CARADA, TCMD and/or the Town are the lawful beneficiaries and legal owners of specified revenues derived from imposition of the Public Improvements Fees. Such Public Improvements Fees revenues are to be used by TCMD and the Town, as applicable, for their respective governmental purposes as otherwise described in this Agreement and this Agreement is entered into for the purpose of facilitating the efficient collection and disposition of the Construction Materials PIF Revenues in order to advance such governmental purposes. As between and among such governmental Parties, this Agreement constitutes an intergovernmental agreement as authorized pursuant to C.R.S. § 29-1-203 and such other authority as such governmental Parties possess under State law and their respective governance documents. 3.2.Covenants of the Parties. (a)Representations and Warranties. Each Party represents and warrants to and for the benefit of the other Parties that: 1.It has fully power and legal authority to enter into this Agreement. 2.It has taken or performed all acts or actions that may be required by statute, charter, its governance documents, or otherwise, to confirm its authority to execute, deliver and perform each of its obligations under this Agreement. 3.Neither the execution and delivery of this Agreement, nor compliance with any of the terms, covenants or conditions of this Agreement will result in a violation of or default under any other agreement or contract to which it is a party or by which it is bound. (b)Information. Each Party will provide such information reasonably requested by the other Parties from time to time to allow such Parties to fulfill their respective obligations under this Agreement, the CARADA and the Declarations, as applicable. (c)Cooperation. The Parties will cooperate with each other and will undertake any reasonably necessary action that is required to support or assist in the collection, remittance and reporting of Construction Materials PIF Revenues that are or become due and payable by Contractors. 3.3.Collection Fee and Reimbursable Expenses. In consideration of its performance of collection services hereunder, the Construction PIF Collection Agent will be paid the Collection Fee and certain reimbursable expenses as follows: 14 2477668.32477668.4 (a)Collection Fee. The Construction PIF Collection Agent will deduct and retain the Collection Fee from the total dollar amount, excluding interest and penalties, of the following components of the Construction Materials PIF Revenues: 1.pursuant to Section 1.2(a), the Credit PIF Component revenues it collects and, after deduction of the Collection Fee, remits the Net Credit PIF Revenues to the Credit PIF Collection Agent; and 2.pursuant to Section 1.2(c), the Add-On PIF Component revenues, if any, it collects and, after deduction of the Collection Fee, remits the Net Add-On PIF Revenues to the Add-On RSF Collection Agent.[Town comment APP9 is similar to APP1, be applied here to Add-On PIF Component revenues. Same question in response – how would it otherwise be done?] Pursuant to Section 1.2(b), the Collection Fee will not apply to the Add-On RSF Component revenues that are required to satisfy the Municipal Payments obligations, and the Town will be solely responsible for the costs incurred in connection with the Construction PIF Collection Agent’s obligations under this Agreement with respect to Add-On RSF Component revenues that are require to satisfy the Municipal Payments obligations. For avoidance of doubt, the Collection Fee and the Construction PIF Collection Agent’s collection of the Construction Materials PIF Revenues pursuant to this Agreement are not an implementation of, and are expressly distinct from and do not implicate, the Town’s cooperation regarding delinquent Public Improvement Fees pursuant to Section 6.18 of the CARADA (e.g., collection of the corresponding Town tax, interest, penalties and costs, and retention of a 20% administrative fee, etc.). (b)Reimbursable Expenses. In addition to its Collection Fee, the Construction PIF Collection Agent will be entitled to be reimbursed for the proportionate amount of reimbursable expenses it has incurred with respect to the Credit PIF Component and Add-On PIF Component revenues (the Town being responsible for the portion of such expenses incurred with respect to the Add-On RSF Component revenues required to satisfy the Municipal Payments obligation). The Town will be solely responsible for the percentage of such expenses in the same percentage as the Add-On RSF Component revenues that are required to satisfy the Municipal Payments obligations are of the total Construction Materials PIF Revenues in the period for which reimbursement is requested.[Note: Town proposed deletion of the detail. While the detail probably is useful, I’ve deleted it. However, I think it is appropriate to retain the notion of proportionality relative to the Add-On RSF Component/Municipal Payments.] (c)Start-Up Costs. Within 30 days after the Effective Date, the PICs and TCMD approve and authorize a one-time payment to the Construction PIF Collecting Agent in the amount of $2,500 to compensate the Construction PIF Collecting Agent for start-up costs incurred for activities in furtherance of entering into this Agreement, including internal costs and attorneys’ fees incurred prior to execution of this Agreement for negotiation of this Agreement. TCMD will cause such payment to be made (to the Town) from Credit PIF Revenues and, upon receipt, will constitute full and final payment for the Construction PIF Collecting Agent’s start-up costs incurred prior to the Effective Date prior to Credit PIF Component and/or Add-On PIF Component revenues being available for deduction of the Collection Fee.[Note: Town 15 2477668.32477668.4 proposed deletion of the final sentence, but I believe it is appropriate to be clear as to the source of funds, etc.] 3.4.Sovereign Powers and Immunities of Town; Collection of Sales Taxes (or Use Taxes). Nothing in this Agreement will be construed as diminishing, delegating or otherwise restricting any of the sovereign powers or immunities of the Town. Without limitation of the foregoing, no provision of this Agreement will be construed or interpreted as affecting in any manner the Town’s authority pursuant to the Sales Tax Ordinance (or, if applicable, Use Tax regulations) to impose and collect tax revenues derived from application of the Sales Tax (or, if applicable, Use Tax) to Village Construction Materials that are Taxable Transactions to the extent the Tax Credit does not attach (e.g., pursuant to the CARADA, due to a Contractor’s failure or refusal to pay the applicable Construction Materials PIF Revenues) or to the extent the Construction Materials PIF Revenues paid by a Contractor are themselves Taxable Transactions that are not offset by the Tax Credit. 3.5.Resignation; Removal. (a)General. Notwithstanding any provision of this Agreement which could be interpreted to the contrary, the Term will not expire, this Agreement will remain in effect, and the Construction PIF Collection Agent’s obligation to remit to any and all Construction Materials PIF Revenues it receives pursuant to the terms and conditions of this Agreement will survive any resignation or removal of the Construction PIF Collection Agent pursuant to this Section 3.5 until the Construction PIF Collection Agent has remitted all such Construction Materials PIF Revenues to the Credit PIF Collection Agent or the Add-On RSF Collection Agent, as applicable, or control over such funds has been transferred to a successor Construction PIF Collection Agent. No resignation or removal of the Construction PIF Collection Agent will take effect until a successor Construction PIF Collection Agent has been appointed by the PICs and TCMD, with the consent of the Town (as to the Add-On RSF Component required to satisfy the Municipal Payments obligation only); provided, however, if no successor is appointed by the end of 90 days after delivery of Notice to the Construction PIF Collection Agent of such removal, the Construction PIF Collection Agent may petition a court of competent jurisdiction to appoint a successor. (b)Resignation. The Town may resign as the Construction PIF Collection Agent under this Agreement by delivering Notice of resignation to the PICs and TCMD, given not less than 90 days before the date upon which such resignation is intended to take effect. Subject to Section 3.5(a), the Town’s resignation will be effective on the resignation date set forth in such Notice. Notwithstanding the foregoing, except in the event the PICS and/or TCMD have rejected requests for reimbursement of its expenses in whole or in part pursuant to Section 3.3(b), if the Construction PIF Collection Agent’s reimbursable expenses have not been paid for a period of three consecutive months, the Town may resign as the Construction PIF Collection Agent under this Agreement by delivering Notice of resignation to the PICs and TCMD, given not less than 30 days before the date upon which such resignation is intended to take effect and the Town’s resignation will be effective on the resignation date set forth in such notice;provided,however, if the PICs and/or TCMD cause the cure of such default within such 16 2477668.32477668.4 30-day period, the Town’s Notice of resignation will be deemed null and void and of no further force or effect. (c)Removal. The PICs and TCMD may remove the Town as the Construction PIF Collection Agent at any time with or without cause. Subject to Section 3.5(a), any such removal action will be effective immediately upon delivery of Notice by each of the PICs and TCMD of such removal to the Construction PIF Collection Agent unless the Notice specifies a later removal date. 3.6.Bankruptcy of Contractor. Any Party which receives actual written notice of any action in the bankruptcy of any Contractor will, as soon as practicable, give Notice and convey copies of such notice which it received to the other Parties. 3.7.Assignment. This Agreement may not be assigned by any Party for any reason other than to a successor by operation of law or with the prior written consent of the non-assigning Parties. 3.8.No Third-Party Beneficiaries. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the Parties and their duly authorized successors and assigns, and nothing contained in this Agreement will give or allow any such claim or right of action by any other Person with respect to this Agreement. 3.9.Binding Effect. This Agreement will inure to the benefit of and be binding upon the Parties and their duly authorized successors and assigns. 3.10.Amendment. This Agreement may only be amended, changed, modified or altered by an instrument in writing duly executed by each Party. 3.11.Computation of Time. In computing a period of days, the first day will be excluded and the last day will be included. If the last day of any period is not a business day, the period will be extended to include the next succeeding business day. If a number of months is to be computed by counting the months from a particular day, the period will end on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period will end on the last day of that month. 3.12.Payments Due on a Day other than a Business Day. If the date for making any payment or the last day for performance of any act or the exercising of any right as provided in this Agreement will be a day other than a business day, such payment may be made, or such act performed, or such right may be exercised on the next succeeding business day with the same force and effect as if done on the nominal date provided in this Agreement. 3.13. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision of this Agreement. 17 2477668.32477668.4 3.14.Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State. 3.15.Indemnification. To the extent authorized by State law, each Party will indemnify, defend and hold the other Parties (including such Party’s officers, directors, members and employees) harmless from any and all claims, liabilities, losses, actions suits or proceedings at law or in equity, and any other expenses, fees, or charges of any character or nature, which such other Parties may incur or with which such other Parties may be threatened under this Agreement to the extent arising from or out of any claim in connection with the performance of any of such other Parties’ obligations under the Agreement, except to the extent such liabilities arise or result from such other Parties’ negligence, willful misconduct or material breach of this Agreement. 3.16.Default;Dispute ResolutionRemedies. If any Party fails to perform any of its responsibilities, obligations or agreements to be performed in accordance with the terms and provisions of this Agreement, and if such failure of performance continues for a period of thirty (30) days following notice of default from another Party (or such additional period of time as may be reasonably necessary to cure such default as long as the curative action is commenced within such 30-day period and is diligently and continuously pursued to completion), such failure will constitute a default by such Party.AnyIf any dispute arising under this Agreement that is not resolved by the applicable Parties within the foregoing thirty (30-) day period (or such other period as may be specifically set forth in this Agreement) may be submitted by any of the Parties for binding arbitration to a single arbiter of the Judicial Arbiter Group, 1601 Blake Street, Suite 400 Denver, Colorado 80202, utilizing a trial to the court model under streamlined rules and procedures to be mutually agreed upon by the applicable Parties or, if such Persons are not able to agree, as directed by the arbiter. The arbiter’s decision will be final and non-appealable to the courts. Except to the extent such fees and costs are caused by the, a non-defaulting Party may initiate a court action (i) to enjoin such failure of performance, (ii) to recover damages, and (iii) to seek any other remedy available at law or in equity, including an action for specific performance. Each Party in any court action will bear and be responsible for its costs and attorney fees; provided, however, and except to the extent arising from negligence, willful misconduct or material breach of this Agreement by the Construction PIF Collection Agent or its officers or employees, the Construction PIF Collection Agent’s reasonable attorneys’ fees and costs arising from an arbitration will constitute reimbursable expenses and will be paidpayable from Credit PIF Component and Add-On PIF Component revenues pursuant to Section 3.3(b). [Note: Probably need to discuss the dispute resolution concepts. Town proposed deleting binding arbitration and replacing with venue in Eagle County District Court (along with choice of law provision that’s duplicative of 3.14. I don’t see this as being something where a jury trial would make any sense, and generally expect binding arbitration would be more efficient that a trial to court w/ appeals, etc., but I also don’t feel strongly about it.]All rights and remedies under this Agreement are cumulative, and the exercise of any one or more of such rights and remedies will not preclude the exercise of any other right or remedy for any default at the same or a different time. Any delay in asserting any right or remedy under this Agreement will not operate as a waiver of any such right or limit such right in any manner. 18 2477668.32477668.4 3.17.Captions. The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Agreement. 3.18.Notice(s). All notices, deliveries and other communications required or otherwise contemplated in this Agreement to be given (“Notice(s)”) must be in writing and will be deemed given when delivered in person; by prepaid overnight express mail; by a national overnight courier service; mailed by certified or registered mail, postage prepaid; or by email (pdf or similar format), with confirmation of receipt, in each case addressed as follows: To the Town:Town Manager Town of Avon P.O. Box 975 100 Mikaela Way Avon, Colorado 81620 Telephone: 970.748.4004 Email: eheil@avon.org with copies to:Finance Director Town of Avon P.O. Box 975 100 Mikaela Way Avon, Colorado 81620 Telephone: 970.748.4055 Email: swright@avon.org Town Attorney Town of Avon P.O. Box 975 100 Mikaela Way Avon, Colorado 81620 Telephone: 970.945.2261 Email: kjh@mountainlawfirm.com To TCMD: Traer Creek Metropolitan District Attn: Denise Denslow, CliftonLarsonAllen LLP 8390 E. Crescent Parkway, Suite 300 Greenwood Village, CO 80111 Telephone: 303.779.5710 Email: denise.denslow@claconnect.com with copies to:Spencer Fane LLP Attn: David S. O’Leary 1700 Lincoln Street, Suite 2000 Denver, CO 80203 19 2477668.32477668.4 Telephone: 303.839.9352 Email: doleary@spencerfance.com To both PICs The Village (at Avon) Commercial Public Improvement Company P.O. Box 9429 [Mail] 0101 Fawcett Road, Suite 210 [Physical] Avon, CO 81620 Attn: Dan Leary Telephone: 970.949.6776 Email: danleary@traercreek.com The Village (at Avon) Mixed-Use Public Improvement Company P.O. Box 9429 (Mail) 0101 Fawcett Road, Suite 210 (Physical) Avon, CO 81620 Attn: Dan Leary Telephone: 970.949.6776 Email: danleary@traercreek.com with copies to:Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street, Suite 1600 Denver, CO 80202 Attn: Kimberly Martin [220101/220104] Telephone: 303.825.8400 Email: kmartin@ottenjohnson.com The Parties may by Notice designate any additional or different address to which subsequent Notices will be sent. The Parties may also specify, in writing, a different method for conveying Notices or information. 3.19.Execution in Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original and all of which will constitute one and the same instrument. [Signature Pages and Exhibits Follow This Page] 20 2477668.32477668.4 WHEREFORE, the Parties have executed and entered into this Construction PIF Collection Services Agreement (Construction Materials) as of the Effective Date. TOWN OF AVON By: ____________________________________ Amy Phillips, Mayor ATTEST: ________________________________ Miguel Casanueva, Town Clerk Town Signature Page to Construction PIF Collection Services Agreement 21 2477668.32477668.4 TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: __________________________________ President ATTEST: ___________________________________ Secretary TCMD Signature Page to Construction PIF Collection Services Agreement 22 2477668.32477668.4 THE VILLAGE (AT AVON) COMMERCIAL PUBLIC IMPROVEMENT COMPANY, a Colorado nonprofit corporation By: Name: Title: Commercial PIC Signature Page to Construction PIF Collection Services Agreement 23 2477668.32477668.4 THE VILLAGE (AT AVON) MIXED-USE PUBLIC IMPROVEMENT COMPANY, a Colorado nonprofit corporation By: Name: Title: Mixed-Use PIC Signature Page to Construction PIF Collection Services Agreement 24 2477668.32477668.4 Consent of VMD to Construction PIF Collection Services Agreement The Village Metropolitan District consents to the Parties’ entering into of the foregoing Construction PIF Collection Services Agreement and acknowledges that the terms and conditions of the Declarations and the Fee Assignment Agreements do not require that it be a Party to and/or have enforcement rights under the Construction PIF Collection Services Agreement. The Village Metropolitan District further acknowledges that it is not a party to the Credit PIF Collection Services Agreement or the Add-On PIF Collection Services Agreement, pursuant to which agreements the Credit PIF Collection Agent is to receive and process the Net Credit PIF Revenues and the Add-On RSF Collection Agent is to receive and process the Net Add-On PIF Revenues, if any, which components of the Construction Materials PIF Revenues the Construction PIF Collection Agent is to collect and disburse pursuant to the Construction PIF Collection Services Agreement. THE VILLAGE METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: __________________________________ President ATTEST: ___________________________________ Secretary Mixed-Use PIC Signature Page to Construction PIF Collection Services Agreement 25 2477668.32477668.4 EXHIBIT A Schedule of Public Improvement Fees Rates 1.Credit PIF Rate: 4.0% 2.Add-On RSF Rate:0.75%. 3.Add-On PIF Rate:There is no Add-On PIF rate other than or in excess of the Add-On RSF rate. A-1 2477668.32477668.4 EXHIBIT B Form of Contractor Report [To be inserted prior to execution] B-1 2477668.32477668.4 EXHIBIT C Form of Monthly Report [To be inserted prior to execution] C-1 2477668.32477668.4 EXHIBIT D Form of Annual Report [To be inserted prior to execution] D-1 2477668.32477668.4 EXHIBIT E Schedule of Defined Terms For purposes of the Construction PIF Collection Services Agreement (Construction Materials) to which this Exhibit E is attached, the following terms have the meanings stated in this Exhibit E. Add-On PIF has the meaning stated in the CARADA and, as of the Effective Date, consists only of the Add-On RSF. Add-On PIF Collection Services Agreement means and refers to, as amended, supplemented or replaced from time to time, that certain Add-On PIF Collections Services Agreement having an effective date (as defined therein) of January 1, 2015, by and among CLA, the Commercial PIC and the Mixed-Use PIC, which agreement also constitutes the Add-On RSF Collection Services Agreement as the CARADA defines such term. Add-On PIF Component means that portion of the total Construction Materials PIF Revenues, if any (there being none as of the Effective Date), derived from application to Village Construction Materials of the Add-On PIF (inclusive of the Add-On RSF) at a rate which yields an amount greater than the amount required to satisfy the Municipal Payments obligation. Add-On PIF Revenues has the meaning stated in the CARADA, although as of the Effective Date (subject to adjustment after the Effective Date pursuant to the Municipal Payments Methodology) there are no Add-On PIF Revenues in excess of the amount of the Add-On RSF Revenues required to satisfy the Municipal Payments obligations. Add-On RSF has the meaning stated in the CARADA. Add-On RSF Collection Agent has the meaning stated in the CARADA, such agent being, as of the Effective Date, CLA pursuant to the Add-On PIF Collection Services Agreement. Add-On RSF Component means that portion of the Construction Materials PIF Revenues derived from application of the Add-On RSF to Village Construction Materials. Add-On RSF Revenues has the meaning stated in the CARADA. Agreement has the meaning stated in the introductory paragraph of the Construction PIF Collection Services Agreement (Construction Materials), as amended and supplemented from time to time, to which this Exhibit E is attached. Annual Report has the meaning stated in Section 2.1(d). CARADA means, as amended from time to time, the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) entered into by and among the Town,Traer Creek Metropolitan District, Traer Creek LLC and, with respect to certain portions of the Property, EMD Limited Liability Company and,as limited parties, Avon Urban E-1 2477668.32477668.4 Renewal Authority, the PICs and, with respect to certain portions of the Property, EMD Limited Liability Company, and recorded in the Records on August 1, 2014 at Reception No. 201412777. CLA means CliftonLarsonAllen LLP, a Minnesota limited liability partnership, together with its successors and any of its assigns as permitted under the terms and conditions of the Add-On PIF Collections Services Agreement and the Credit PIF Collection Services Agreement. Collection Fee means the fee payable during any Reporting Period to the Construction PIF Collection Agent, in an amount equal to onefive percent (15%), excluding interest and penalties, of the total dollar amount the Construction PIF Collection Agent actually collects in accordance with the terms and conditions of the Agreement of the following: (i) the Credit PIF Component, and (ii) the Add-On PIF Component (e.g. expressly excluding the Add-On RSF Component, with respect to which the Collection Fee does not apply). By way of example, if the Construction PIF Collection Agent collects $100,000.00 in Credit PIF Component revenue and $0.00 in Add-On PIF Component revenue for a total dollar amount of $100,000.00 subject to application of the 15% fee, the resulting Collection Fee would be $1,000.00.[Note: Town proposed changing the fee from 1% to 10%. That is way too high. 1% is what the initial Town draft proposed and it is reasonable.]5,000.00. Commercial Declarant means Traer Creek-RP, LLC, a Colorado limited liability company, or any successor-in-interest or transferee who takes title to any portion of the Commercial Property for the purpose of development and/or sale and is designated as “Declarant” in an instrument recorded in the Records, as more particularly set forth in the Commercial Declaration. Commercial Declaration means, as amended, supplemented or replaced from time to time in accordance with the terms and conditions set forth therein, that certain Amended and Restated Declaration of Covenants for The Village (at Avon) Commercial Areas made as of May 28, 2019 by Traer Creek-RP LLC, a Colorado limited liability company, as declarant, and recorded in the Records on May 29, 2019 at Reception No. 201907781. Commercial PIC had the meaning stated in the introductory paragraph of the Agreement. Commercial Property means and refers to the real property that is defined as the “Property” in the Commercial Declaration and legally described in Exhibit A to the Commercial Declaration. Construction Activities means any activity for which the Town requires application for and issuance of a Permit. Construction Materials means any article, material or supply used or incorporated into a building or project by a Contractor in connection with Construction Activities. Construction Materials PIF Revenues has the meaning stated in Recital L. Construction PIF Collection Agent has the meaning stated in Recital L and, as used within the Agreement, means and refers to the Town, acting by and through its Finance Director, in its capacity as Construction PIF Collection Agent separate and as distinguished from its governmental capacity. E-2 2477668.32477668.4 Contractor(s) means any general contractor, subcontractor or similar Person which is licensed by the Town or licensed by the State to engage, and which engages, in Construction Activities. Contractor List has the meaning stated in Section 2.1(a)2. Contractor Report(s) has the meaning stated in Section 2.1(b). Credit PIF has the meaning stated in the CARADA. Credit PIF Collection Agent has the meaning stated in the CARADA, such agent being, as of the Effective Date, CLA pursuant to the Credit PIF Collection Services Agreement. Credit PIF Collection Services Agreement means and refers to, as amended, supplemented or replaced from time to time, that certain TCMD Collection Services Agreement having an effective date (as defined therein) of January 1, 2015, by and among CLA and TCMD, which agreement also constitutes the Credit PIF Collection Services Agreement as the CARADA defines such term. Credit PIF Component means that portion of the total Construction Materials PIF Revenues derived from application of the Credit PIF to Village Construction Materials. Credit PIF Revenues has the meaning stated in the CARADA. Declarations means, collectively, the Commercial Declaration and the Mixed-Use Declaration. Districts mean, collectively, TCMD and VMD. DRB has the meaning stated in Section 2.1(a)1. DRB Information has the meaning stated in Section 2.1(a)1. Effective Date has the meaning stated in the introductory paragraph of the Agreement. Exhibits means, individually, one of the following Exhibits to the Agreement and/or, collectively, all of the following Exhibits to the Agreement, as the context dictates, which Exhibits are incorporated into and made a part of the Agreement: Exhibit A:Schedule of Public Improvement Fees Rates Exhibit B:Form of Contractor Report Exhibit C:Form of Monthly Report Exhibit D:Form of Annual Report Exhibit E Schedule of Defined Terms Fee Assignment Agreements means and refers to, as amended, supplemented or replaced from time to time: (i) that certain Amended and Restated Fee Assignment Agreement by and between E-3 2477668.32477668.4 the Commercial PIC and TCMD, having an effective date as defined therein of August 1, 2014, as further assigned by TCMD to VMD in connection with VMD’s issuance of the Series 2020 Bonds as described in that certain Consent of Commercial PIC to TCMD’s Assignment of Assigned Revenues effective as of the date on which closing of the Series 2020 Bonds occurred; and (ii) that certain Amended and Restated Fee Assignment Agreement by and between the Mixed-Use PIC and TCMD, having an effective date as defined therein of August 1, 2014, as further assigned by TCMD to VMD in connection with VMD’s issuance of the Series 2020 Bonds as described in that certain Consent of Mixed-Use PIC to TCMD’s Assignment of Assigned Revenues effective as of the date on which closing of the Series 2020 Bonds occurred. Fee Remittance Date means, as further described in Section 1.4(b), the date on which Contractors are required to remit Construction Materials PIF Revenues payments to the Construction PIF Collection Agent, which date will be the date on which the corresponding Sales Tax (or, if applicable, Use Tax) amount is, or would be but for application of the Tax Credit, due and payable to the Town. Finance Director means and refers to the Town’s director of finance or such person’s designee, provided that if there is no director of finance for the Town at any time for whatever reason, the Finance Director for all purposes under this Agreement will refer to the Town Manager or the person the Town Manager designates in a Notice delivered to the PICs and TCMD. Mixed-Use Declarant means Traer Creek-RP LLC, a Colorado limited liability company, or any successor-in-interest or transferee who takes title to any portion of the Mixed-Use Property for the purpose of development and/or sale and is designated as “Declarant” in an instrument recorded in the Records, as more particularly set forth in the Mixed-Use Declaration. Mixed-Use Declaration means, as amended, supplemented or replaced from time to time in accordance with the terms and conditions set forth therein, that certain Amended and Restated Declaration of Covenants for The Village (at Avon) Mixed-Use Areas made as of May 28, 2019 by Traer Creek-RP LLC, a Colorado limited liability company, as declarant, and recorded in the Records on May 29, 2019 at Reception No. 201907752. Mixed-Use PIC has the meaning stated in the introductory paragraph of the Agreement. Mixed-Use Property means and refers to the real property that is defined as the “Property” in the Mixed-Use Declaration and legally described in Exhibit A to the Mixed-Use Declaration. Monthly Report(s) has the meaning stated in Section 2.1(c). Municipal Payments has the meaning stated in the CARADA and, for purposes of this Agreement, means and refers to the portion of the Add-On RSF Component which the Construction PIF Collection Agent is obligated to transfer to the Town (in its governmental capacity) in satisfaction of the Municipal Payments obligation, as determined pursuant to the Municipal Payments Methodology. Municipal Payments Methodology has the meaning stated in Section 1.2(b)1. E-4 2477668.32477668.4 Net Add-On PIF Revenues means, for any applicable Reporting Period, the amount which equals the total amount of the Add-On PIF Component, if any, minus the Collection Fee. Net Credit PIF Revenues means, for any applicable Reporting Period, the amount which equals the total amount of the Credit PIF Component minus the Collection Fee. Notice(s) has the meaning stated in Section 3.18. Party(ies) means, individually, a signatory to the Agreement and, collectively, all signatories to the Agreement. Permit(s) means a building permit, electrical permit, plumbing permit, mechanical permit or similar permit for which the Town requires Contractors apply for and receive prior to engaging in Construction Activities. Person means any individual, partnership, corporation, limited liability company, association, trust or other type of entity or organization. PICs means, collectively, the Commercial PIC and the Mixed-Use PIC. PIF Information has the meaning stated in Section 2.4. Public Improvement Fee(s) has the meaning stated in the CARADA and, as of the Effective Date, consists of the Credit PIF and the Add-On RSF. Recital(s) means and refers, unless otherwise stated, to a paragraph set forth under the Recitals heading of the Agreement. Records means the real property records of the Clerk and Recorder for Eagle County, Colorado. Reporting Period means, if and as applicable from time to time, the period of time with respect to which Contractors are required to file Contractor Reports and remit applicable Construction Materials PIF Revenues to the Construction PIF Collection Agent, which period of time will be the same as that established pursuant to the Sales Tax Code (or, if applicable, regulations implementing Use Taxes) and related Town regulations (which may be monthly, quarterly or such other frequency as the applicable regulations may require) for Contractors to file reports regarding Sales Taxes (or, if applicable, Use Taxes) with respect Construction Materials utilized in Construction Activities in areas of the Town outside The Village (at Avon). Sales Tax(es) means the tax levied by the Town pursuant to its Sales Tax Code. Sales Tax Code means and refers to Chapter 3.08 of the Town’s Municipal Code, as amended, restated or replaced from time to time, and all regulations promulgated thereunder. Section(s) means and refers, unless otherwise stated, to a numbered section or subsection of the Agreement. E-5 2477668.32477668.4 Series 2020 Bonds means and refers to The Village Metropolitan District Special Revenue and Limited Property Tax Refunding and Improvement Bonds, Series 2020, together with any refunding or refinancing thereof. State means and refers to the State of Colorado, inclusive of any regulatory agencies and departments thereof. Tax Credit has the meaning stated in the CARADA, and which is implemented by and codified in the Town’s Municipal Code (as in effect on the Effective Date) at Sections 3.08.035 (with respect to retail sales), 3.12.065 (with respect to real estate transfers) and 3.28.075 (with respect to public accommodations). Tax Credit Termination Date means the date on which, pursuant to the CARADA, the Town’s obligation to provide the Tax Credit occurs. Taxable Transaction(s) has the meaning stated in the Declarations and, for purposes of the Agreement, means and refers to Village Construction Materials that the Town determines are subject to, and not exempt from, application of Sales Tax (or, if the Town imposes such tax after the Effective Date, Use Tax) but for and to the extent of the Tax Credit attaching thereto. Term has the meaning stated in Section 1.1(b). The Village (at Avon) means and refers, for purposes of the Agreement, to all of the real property that comprises the Commercial Property and the Mixed-Use Property. Town has the meaning stated in the introductory paragraph of the Agreement and, as used within the Agreement means and refers to the Town acting in its governmental capacity separate and as distinguished from its capacity as Construction PIF Collection Agent. Town Council means and refers to the “Council” as such term is defined in the Town’s home rule charter. TCMD has the meaning stated in the introductory paragraph of the Agreement. Use Tax(es) means, for purposes of this Agreement and as generally referenced in Section 6.15(a) of the CARADA, any use tax the Town enacts and imposes on Construction Materials (however defined in such enacted regulations) after the Effective Date (there being no such tax in effect as of the Effective Date). Village Construction Activities has the meaning stated in Recital K. Village Construction Materials has the meaning stated in Recital K. VMD means and refers to The Village Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado. E-6 2477668.32477668.4 E-7 2477668.32477668.4 0 Table Insert Changes: 0 Table Delete 0 Add Intelligent Table Comparison: Active Table moves to 27 0 Summary report: Litera Compare for Word 11.3.0.46 Document comparison done on 4/20/2023 1:03:51 PM Table moves from 0 Delete Embedded Graphics (Visio, ChemDraw, Images etc.) 41 0 Original DMS: dm://DENVER01/2477668/3 Embedded Excel 0 Move From Format changes 0 0 Total Changes: Modified DMS: dm://DENVER01/2477668/4 68 Move To Style name: Default Style AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and using zoom.us. Mayor Amy Phillips called the April 25, 2023 Council regular meeting to order at 5:01 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood. Present on behalf of the Cultural, Arts & Special Events Committee were Lisa Mattis, Doug Jimenez, Danielle McNair, and Thomas Walsh who was present intermittently via Zoom. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker, Recreation Director Michael Labagh, Public Works Director Eva Wilson, Human Resources Manager Karyne Spadi, Special Events Manager Danita Dempsey, Special Events Coordinator Chelsea Van Winkle, and Fleet Manager Craig Wilmers. 2. APPROVAL OF AGENDA Video Start Time: 00:00:30 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Thuon presented a motion to approve the Agenda. Councilor Stanley seconded the motion. It was approved with a 7-0 unanimous vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:48 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:05 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. This public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room nor on Zoom. Chris Newswanger, resident of Singletree, advised he is running for a seat on the “Eagle River Water Sanitation board, District 4”, representing Wildridge and Singletree. He reminded the public that the election is on Tuesday, 7 a.m. to 7 p.m., not a mail-in ballot, and you must request a ballot or vote in person. Councilor Thuon endorsed his candidacy. Linn Brooks, resident of Wildridge, advised she is running for the Northern District board seat on the Holy Cross Energy board, and voting will be between May 16 and June 15, 2023. She mentioned at this time the seat is vacant and spoke of her background in energy and as former General Manager for the Eagle River Water and Sanitation District. No further public comment was made in person nor on Zoom. AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. BUSINESS ITEMS 5.1. Discussion about Potential Display of Ukrainian Flag (Town Attorney Karl Hanlon) Video Start Time: 00:08:00 Town Attorney Karl Hanlon delivered his presentation related to the potential display of the Ukrainian Flag in Avon, including clarification that Town flagpoles are government speech and Councilors need to vote on what they display. Councilor Andrade asked if flying the Ukrainian flag at this time was somewhat random. Councilor Thuon stated there are two injured soldiers from Ukraine in the room who are receiving medical treatment in Eagle County and flying the flag at this time would bring recognition and repetitive consciousness to the war in Ukraine. Councilor Stanley invited Kelly Rory, resident of Eagle Vail, to speak on behalf of the soldiers present in the room. Rory took the podium and advised that Igor and Roman are in the County to get prosthetics and will be staying for a month. She added local paramedics have donated $100,000 for medical supplies to go to Ukraine. Councilor Carroll inquired on the locations where the flag will be flown and suggested it be flown until Ukraine reclaims its territory. Councilor Hardy mentioned that the pride flag should be flown during pride month. Councilors Thuon and Stanley supported flying the flag all month. Mayor Pro Tem Underwood expressed her empathy for the soldiers present and welcomed the people in the room and all refugees in the Valley. She noted she wants to welcome all refugees from all countries equally and senses displaying the Ukrainian flag would show a preference for refugees of a particular territory when Avon welcomes them all equally. For this reason, she did not support the display of the Ukrainian flag at this time. When the floor was opened to public comment, Austin Clarkson, a former resident of Avon, took the podium via Zoom and brought up Avon’s noise ordinance and a summons he received for noise, and he was referred to the Avon Municipal Courts to further his inquiry. No other public comment was made in person nor on Zoom. After deliberations, Councilor Thuon moved to approve that the Ukrainian flag be flown for 30 days at selected Avon Roundabouts. Councilor Stanley seconded the motion. It was approved with a 5-2 vote, with Councilor Andrade and Mayor Pro Tem Underwood voting against the motion. 5.2. Joint meeting with Culture, Arts & Special Events Committee: 5.2.1. Presentation: Live Music/Venue trends in Secondary Markets (Dave Dressman, Vail Valley Foundation) Video Start Time: 00:24:05 Cultural Arts and Special Events Manager Danita Dempsey introduced David Dressman with the Vail Valley Foundation, who stated he oversees the Ford Amphitheater. He spoke of the landscape of live music in Eagle County and the State. He detailed a partnership between the Amphitheater and AEG to find programing synergies with artists travelling through Red Rocks and the Mission Ballroom, highlighting its success. He explained the Vail Valley Foundation is risk averse and partnering with AEG lowers that risk. He noted Avon and its AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 park present a big opportunity for live music. He and Councilor Thuon spoke of appropriate budgeting of signature events. Councilor Thuon then inquired on the fencing events and Town Manager Eric Heil noted that it is in the 10-year plan. Mayor Pro Tem Underwood asked Dressman to speak of integration of an athletic event and a music event such as Go Pro and Birds of Prey. Councilor Andrade asked what the sweet spot is for ticket pricing and Dressman provided several ranges. Thomas Walsh and Councilor Carroll inquired on the alternative for the Town to purchase its own sound system and Dressman advised strongly against it. No public comment was made in person nor on Zoom. 5.2.2. Presentation: Music Data, Dynamics and Development (Mike O’Brien, Peak Performances) Video Start Time: 00:53:05 Mike O’Brien delivered his presentation on music data, dynamics and development. He provided the history of Peak Performances since 1993. He explained the turnkey solutions his company offers along with the launch of data driven analysis through the software Gig Digger. O’Brien introduced Elle Kane with Peak Performances and she spoke about data development and analytics in live music. CASE Committee Member Doug Jimenez asked what the Town is missing, and O’Brien and Kane stated it could focus on ticketed events strategically with diverse programming that suits the community. They noted Avon’s capacity to host large events is its biggest advantage. Councilor Carroll asked for more info on Gig Digger, once it is available. No public comment was made in person nor on Zoom. 5.2.3. Work Session: 10-Year Vision for Culture, Arts & Special Events (CASE Manager Danita Dempsey) (45 Minutes) 5:55 Video Start Time: 01:24:21 Town Manager Eric Heil delivered the 10-year vision presentation on behalf of Danita Dempsey and added the Calendar is very full, so CASE and Council will need to be very selective on what events become signature events with a focus on investing in what is already successful. CASE Committee feedback included that of CASE Committee Member Pedro Campos in support of the 10-year plan. Dempsey then read the following statement from Walsh who at that time was no longer participating in the meeting on Zoom: "I have read the document in its entirety, and I feel that in majority I am in support of all proposed. I do however feel that our town and council should exercise caution in relation to the budget for all that is proposed. In the comparison of our town to those listed in the research, I feel it is important that we realize many factors that make us different. Such include our community make up (i.e. income of residents and the population that commutes to other places for work). With this said, I feel that we need to realize that while we have a beautiful space, we are not a concert venue like the Ford or in Dillion. In conjunction with information provided from Dave Dressman as well as the old town hall development, is there any desire to explore AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 more permanent fencing installation around the Avon Performance Pavilion space? In regards to winter scheduling and opportunities, I am eager for Avon to create a permanent event. Maybe even in conjunction with Birds of Prey? I support the idea of ice sculpture and fireworks in the winter. Thank you very much.". CASE Committee Member Doug Jimenez expressed his thoughts on the challenges of growth of special events. He noted the more the Town invests, the more it receives and asked how the Town could use its amphitheater more often. CASE Committee Member Danielle McNair stated the Town, and the community are growing and they need to look for the right events for the coming years. CASE Committee Member Lisa Mattis said she takes spending tax dollars very seriously and likes data-driven decisions, noting she is a careful steward of public spending. No public comment was made in person nor on Zoom. Councilor Thuon stated the Town has built infrastructure, gathered a great special events team and wants them to take the next step and take a chance. If it doesn’t work out, then reel it back in but the Town can’t know if it doesn’t try. Councilor Andrade expressed appreciation for all the hard work at CASE and stated he feels it’s too big of a calendar. He noted just because stage is there, it seems the Town is trying to force things to happen there. He highlighted Nottingham is not a concert venue but a park. Councilor Stanley asked for more information on the Best of the West and if there will be banners for these events. Councilor Carroll thanked CASE for their hard work. Staff asked for direction to the following questions: 1. Does Council support the general concepts in the 10-year vision? 2. Is Council’s desire to create the same level of events as 2023? 3. Is Council’s desire to expand the number of events and add Best of the West in 2024? 4. Is Council’s desire to expand the number of events and add Heart & Soul Festival in 2024 or 2025? 5. Is Council interested in larger ticketed events? After deliberations, Councilors voted as follows: Thuon Carroll Underwood Andrade Hardy Stanley Phillips 1 Yea Yea Yea Yea Yea Yea Yea 2 Yea Yea Yea Yea Yea Yea Yea 3 Yea Yea Yea Yea Yea Yea Yea 4 Yea Yea Yea Yea Yea Yea Yea 5 Yea Nay Yea Nay Nay Nay Yea At 02:12:55 in the recording, Mayor Phillips declared a recess at 7:14 p.m. and later reconvened Council at 7:25 p.m. AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 5.3. Public Hearing: Resolution 23-06 First 2023 Budget Amendment (Town Manager Eric Heil and Finance Director Scott Wright) Video Start Time: 02:13:24 Town Manager Eric Heil delivered a presentation on the first budget amendment. Councilor Carroll had inquiries on Attachment J, page 80 of the packet, the per sq. ft. turf replacement cost, the marketing budget, garden in a box, and contact info for Avon on Page 81 of the packet. Councilor Andrade had inquiries on the paper bag fee and the DUI grant for DUI enforcement. Councilor Stanley had inquiries on the Employee Carpool Pilot Program, the sustainability fair, and DocuSign. Councilor Hardy asked if the Town is doing anything to save money, and Town Manager Heil noted yes, that is a constant, and in 2022 the Town was $1.9 million under budget as evidence that the Town doesn’t forcibly spend what it budgets and is always conscious watching its pennies. Councilor Thuon highlighted the importance of competitive compensation salary adjustments for Town Staff. He noted these adjustments should be continuously analyzed so that Town Staff doesn’t go home at the end of the day searching for a new job elsewhere. He stated Avon needs to be second-in-line behind Vail and as competitive as possible on wages. He reflected on a conversation with Human Resources Manager Karyn Spadi where he learned it costs 50% of a yearly frontline employee salary to find their replacement and observed the cost to replace employees is very high, adding it is 75% for that of an executive position, which are great reasons to stay competitive in wages. Mayor Phillips inquired on the status of the GIS position and the candidate pool. Mayor Pro Tem Underwood inquired on HOA dues references on page 43. Councilor Hardy echoed the statements made by Councilor Thuon on compensation and said it should be the No. 1 priority. She said she is frugal with expenditures but when it comes to the salary increase of 5%, she is all for it and supportive of salaries that retain staff. Mayor Pro Tem Underwood echoed the sentiment expressed by Councilors Thuon and Hardy. She highlighted that the work put out by staff is highly sophisticated and the quality of agendas and materials support it. She spoke in favor of transferring maximum RETT into the community housing fund. She expressed her support for amendments for expenditures around trash, recycling, and the sustainability fair. No public comment was made in person nor on Zoom. After deliberations, Councilor Andrade moved to approve Resolution 23-06. Councilor Hardy seconded the motion. It was approved with a 7 to 0 unanimous vote. AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 5.4. Public Comment Hearing regarding the Avon Police Departments request to use Facial Recognition Services in accordance with Colorado Revised Statutes (C.R.S.) 24-18-302 (Chief of Police Greg Daly) Video Start Time: 02:41:34 Chief Daily delivered his presentation related to Avon PD’s request to use Facial Recognition Services. Mayor Phillips opened the Public Comment Hearing. Charlie Sherwood, resident of Wildridge, raised questions related to how often Avon PD expects to use the technology and for what kind of offenses, if felonies only. Lawrence Trias, resident of Avon, raised questions on related to the meaning of an individual who has committed or is about to commit a crime, assurances that Avon PD will abide by the 6 authorized uses, repercussions for an officer who misuses the technology. No further public comment was made in person nor on Zoom. Chief Daly added that this is the third of three public hearings required before he can submit his Accountability Report to Council on May 23rd. Mayor Pro Tem Underwood asked Chief Daly to share a synopsis of Avon PD’s Annual Reports which contain statistics of crime and police service in Avon, which Daly summarized through a brief breakdown of roughly 4500 dispatch calls received annually and their handling. 5.5. Public Hearing: Second Reading Ordinance 23-03 Building Code Amendments (Building Official Derek Place) Video Start Time: 03:02:50 Building Official Derek Place delivered his presentation related to the second reading of Ordinance 23-03 Building Code Amendments, alongside Kimberly Schlaepfer, Climate Action Collaborative Project Manager at the Walking Mountains Science Center. Councilor Andrade inquired on heat tape operating temperatures. Councilor Carroll added that in his conversation with installers, 32- 40 degrees Fahrenheit are pretty normal operating temperatures for heat tape. Councilor Carroll then inquired on what neighboring communities are doing around adopting similar regulations. Councilor Hardy inquired on the cost of going all electric vs. electric and gas and mentioned a study by Lotus of upfront costs in the Valley. Councilor Stanley thanked them for their work. No public comment was made in person nor on Zoom. After deliberations, Mayor Pro Tem Underwood moved to approve Ordinance 23-03. Councilor Carroll seconded the motion. It was approved with a 7 to 0 unanimous vote. AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 5.6. Work Session: Skate Plaza location (Town Manager Eric Heil) Video Start Time: 03:25:38 Town Manager Eric Heil delivered his presentation related to the Skate Plaza proposed location. Mayor Pro Tem Underwood highlighted that Councilors toured the site this evening and made inquiries on which trees would be saved. Councilor Stanley expressed support for the Skate Plaza but wondered how it will coexist with ticketed events at the park. Councilor Hardy inquired about the conditions associated with the grant funding the skate plaza and if the Town is bound by the grant for future changes. Additional discussion from Councilors included final design, skate park vs. skate plaza, size of skate surface, concession stands, bathroom design, ticketed events, fencing, and most importantly the pros and cons of the old firehouse site vs the old town hall site. Charlie Sherwood, resident of Wildridge, took the podium to detail his professional experience of 28 years as acoustician for the Navy. He stated he measured noise inside the library and prepared a memo for Council entitled: “Prediction of noise from a skate park as perceived inside the Town of Avon Library dated April 22, 2023”. He asked the memo to be added to the record. Tara Novak, resident of Eagle, took the podium to detail her professional experience as a snowboarder and skateboarder. She expressed her preference for the old town hall site over the old firehouse site. As a representative of the Vail Valley Art Guild, she noted skate parks are very disruptive when too close to businesses in the promenade and spoke in favor of exploring a new location. Sarah Smith Hymes, resident of Avon, speaking on her own behalf and not as former Mayor of Avon or Avon Staff stated that she is concerned for noise, over programming at the park and expressed support for a change of location. JoAnn Carhartt-Levy, Resident of Arrowhead, expressed support for moving the skate plaza to the old town hall site instead of the firehouse site. She added her support that the old firehouse become a cultural center and community space. Lawrence Trias, resident of Avon, expressed support for the skate park and hoped there’s no misuse of the skatepark. Amy Lewis, Eagle Vail Resident, representing the Avon Skate Coalition, spoke via Zoom in favor of moving the location of the skate plaza to the old town hall site in lieu of the old firehouse site and stated she looks forward to opportunity to continue the skate plaza design process. She added she is confident in the Coalition’s approach to analyzing noise and securing funding for the skate plaza. No further public comment was made in person nor on Zoom. After deliberations, Councilors Thuon, Carroll, Stanley, Mayor Pro Tem Underwood and Mayor Phillips expressed their support to continue the design of a skate plaza of 24,000 square feet at the old town hall site, with care to provide a park buffer. AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 8 Councilor Hardy elected to abstain from giving direction. She added she prefers the old town hall site over the old firehouse site but is in favor of finding a different location for it such as by the tennis courts. Councilor Andrade expressed his agreement with Councilor Hardy and proposed that they be placed at the old softball field or by the Avon school. 5.7. Work Session: Downtown Development Authority (Town Manager Eric Heil) Video Start Time: 04:14:54 Town Manager Eric Heil delivered presentation related to the Downtown Development Authority. Heil explained the Planning and Zoning Commission will continue to work on this initiative and then will make a recommendation to Council. Mayor Pro Tem Underwood Encouraged staff to expand the map of the Downtown Development Authority to include the areas on the north side of Avon Rd, including from the Shell gas station to the Avon Auto and Truck Tire Shop, 7-eleven, Exxon and Northside Kitchen. Councilor Carroll inquired on the blight study and was advised this is focused on the prevention of blight which study will be presented to the Planning and Zoning Commission. Councilor Thuon expressed support for Mayor Pro Tem Underwood’s suggestion and noted that it is important to include Northside Kitchen and the Tire Shop, which could be torn down and become a hotel and would be a missed opportunity if not. No public comment was made in person nor on Zoom. 5.8. Work Session: Parking Management (Mobility Manager James Shoun) Video Start Time: 04:24:17 Mobility Manager James Shoun delivered his presentation on parking management in Avon. Councilor Andrade inquired on seasonality of these plans and his concerns for local business employees to have to pay for parking. He suggested that a parking pass for local businesses be considered. Town Manager Eric Heil explained that the old Town Hall parking area would remain free in winter and that there is no indication yet of summer pricing but if there is interest from Councilors in moving forward with the concept, staff will refine it. Councilor Thuon expressed support for parking management. Councilor Hardy said she was initially hesitant but now is supportive of parking management in the hope that it will encourage people to use the bus. She made suggestions on pricing of parking and fines. Councilor Carroll expressed support for parking management and of employee parking passes proposed by Councilor Andrade. Mayor Pro Tem Underwood expressed support for parking management and adjusting fees as needed once in place. Mayor Phillips expressed support for parking management and inquired on enforcement of violations by Avon PD and its Code Enforcement Officers. No public comment was made in person nor on Zoom. Consensus from Council was to move forward with parking management starting November 1, 2023. 5.9. Work Session: Fleet conversion to Electric & Hybrid Vehicles (Fleet Manager Craig Wilmers) Video Start Time: 04:44:45 Craig Wilmers delivered his presentation on the Town’s fleet conversion to electric and hybrid vehicles. Councilor Carroll inquired on tax rebates and tax credits and their impact on the fleet conversion, and Wilmers said he will further research the issue. Councilor Hardy highlighted that AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 9 gas powered vehicles have more moving parts than electric vehicles, and Wilmers added that yes there are fewer moving parts, but you need more skill to repair them. No public comment was made in person nor on Zoom. 5.10. Work Session: Housing Guidelines (Senior Planner Jena Skinner) Video Start Time: 04:55:00 Senior Planner Jena Skinner delivered her presentation on housing guidelines. Mayor Phillips reminded fellow Councilors the original guidelines are from 1990 and in grave need of updating. Skinner detailed that the intent is to come back before Council with a resolution which will make it easier to update the guidelines as needed. Councilor Thuon acknowledged the pressure homeowners of deed-restricted homes are under given cost of maintenance vs. deed restricted price of the home. He wondered if the Town could buy them back, refurbish and then reintroduce them in the market at an updated value. Councilor Hardy noted that old deed restrictions need to account for capital improvements and give homeowners flexibility. She added her support to update these regulations in a resolution so they can be updated based on the market. Councilor Stanley shared that she received a call from a person in the Wildwood neighborhood who paid $98,000 for his deed restricted home in 2000 and that the assessor has valued it at $156,000. She asked Skinner how these guidelines might help him, and she was advised it is because these guidelines will allow for more capital improvements, including replacements. Tatiana Wernicke, resident of Avon, commented via Zoom that she owns deed-restricted unit in Grandview where there is a disparity between cost of maintenance and appreciation of the unit in an inflationary market where repairs far exceed value of deed-restricted property. No further public comment was made in person nor on Zoom. Mayor Phillips asked her fellow Councilors to read the guidelines and send their comments to Skinner so that she can focus on preparing a Resolution for Council. Town Attorney Karl Hanlon added the legal appendices to the Resolution are in the working document and ready to go. Mayor Pro Tem Underwood stated there is great urgency in this matter and asked staff to please move forward as quickly as possible. 6. MINUTES Approval of April 11, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 05:33:33 With no discussion or correction, Councilor Stanley moved to approve the Minutes from April 11, 2023, as presented. Mayor Pro Tem Underwood seconded the motion. They were approved with a 7-0 unanimous vote. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission April 18 Abstract (Planner 1+ Max Morgan) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Fourth Quarter Amended RETT Report (Accountant I Carly Fackler) AVON REGULAR MEETING MINUTES TUESDAY APRIL 25, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 10 7.4. First Quarterly RETT Report (Accountant I Carly Fackler) 7.5. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.6. Debris Flow Mitigation Update (Public Works Director Eva Wilson) 7.7. Shift Bike Program Update (Mobility Manager James Shoun) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 05:33:52 Councilor Thuon asked that the park in his neighborhood of Wildridge get similar attention to other parks in Avon, including snow removal, so that people can use the park in winter. He suggested the pedestrian path be cleared to facilitate access to the dog park and wondered if installing soft lighting at the park was possible. Councilor Stanley thanked Public Works Director Eva Wilson and her crew for taking care of a bus stop that needed attention. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 10:48 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.highfivemedia.org. RESPECTFULLY SUBMITTED: Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood RJ Andrade Lindsay Hardy Ruth Stanley Rich Carroll Chico Thuon Page 1 of 2 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, MAY 2, 2023 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY CHAIRPERSON NUSBAUM AT 5:01 PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE MARTY GOLEMBIEWSKI, BILL GLANER, ANTHONY SEKINGER, AND KEVIN HYATT. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, PLANNER 1+ MAX MORGAN. ALSO IN ATTENDANCE WERE APPLICANTS: BRITTANY RICHARDS OF WILDRIDGE, AND DAVE WILKISON, GENERAL CONTRACTOR FOR ANACOSTIA LLC. ALSO PRESENT WAS CHADD ZIEGLER OF WILDRIDGE. TOWN MANAGER, ERIC HEIL, JOINED THE MEETING AT THE BEGINNING OF ITEM 6. COMMISSIONERS DONNA LANG WAS PRESENT TO START THE MEETING BUT WAS NOT ABLE TO ATTEND AFTER ITEM 1. COMMISSIONER SCHAEFER WAS NOT PRESENT. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA, AND COMMISSIONER GOLEMBIEWSKI SECONDED THE MOTION. THE AGENDA WAS APPROVED WITH A UNANIMOUS VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS ACTION: THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED. 4. CONTINUED 5. PUBLIC HEARINGS 5.1. TEMPORARY USE PERMIT EXTENSION FOR STAGING AREA: LOT 1, VILLAGE AT AVON FILING 1 / 332 E. BEAVER CREEK BLVD (PLANNING DIRECTOR MATT PIELSTICKER) ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #TMP22002 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 5.2. VARIANCE FOR ROOF EXPANSION: LOT 12, BLOCK 1, WILDRIDGE / 2190 SADDLERIDGE LOOP (PLANNER 1+ MAX MORGAN) ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE #VAR23001 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 5.3. MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR ADDITION: LOT 12, BLOCK 1, WILDRIDGE / 2190 SADDLERIDGE LOOP (PLANNER 1+ MAX MORGAN) ACTION: COMMISSIONER GOLEMBIEWSKI MOTIONED TO APPROVE #AEC23003 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE #MNR23010 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 5.4. MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR ADDITION: LOT 41, BLOCK 3, WILDRIDGE / 4530 FLAT POINT (PLANNER 1+ MAX MORGAN) Page 2 of 2 ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #AEC23004 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5- 0 VOTE ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #MNR23009 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 6. WORK SESSION 6.1. DOWNTOWN DEVELOPMENT AUTHORITY (TOWN MANAGER ERIC HEIL) 7. CONSENT AGENDA ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE 8. FUTURE MEETINGS 8.1. MAY 9, 2023 – TOWN COUNCIL APPOINTMENTS FOR OPEN TERMS 8.2. MAY 16, 2023 – NEW COMMISSIONER SWEARING IN & TRAINING SESSION 9. ADJOURN THE MEETING WAS ADJOURNED AT 6:44 PM. THESE MEETING NOTES 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN CASE COMMITTEE MEETING MINUTES THURSDAY, APRIL 13, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 13 APRIL 2023 PAGE 1 | 4 1. ROLL CALL Present: Committee Member Calyn Rieger, Doug Jimenez, Justin Chesney, and Committee Chair Lisa Mattis Staff: Culture, Arts & Special Events Manager Danita Dempsey, Deputy Town Manager Patty McKenny, and Special Events Coordinator Chelsea Van Winkle Absent: Town Council Member Lindsay Hardy and Ruth Stanley and Committee Member Pedro Campos, Danielle McNair, and Thomas Walsh The meeting was called to order at 12:30 p.m. 2. PUBLIC COMMENT No public comments were made. 3. MINUTES Committee Member Justin Chesney motioned to approve the minutes from March 16, 2023. Committee Member Doug Jimenez seconded the motion and it passed unanimously. Committee Chair Lisa Mattis joined the meeting at 12:34 p.m. 4. STAFF UPDATE CASE Manager Dempsey provided a recap of the March 16, 2023, CASE Committee meeting. She reiterated that there is a ton of data in the peer communities research but as the committee discussed in March, we thought it would be more effective to put together the “flavor” and who the communities are instead of data in a spreadsheet to bring to the CASE and Council Joint Work Session on April 25th. CASE Manager Dempsey then explained what the flow of the April 25th meeting will look like. She stated, we will have one hour in front of Council, and it will entail, (1) Dave Dressman from the Vail Valley Foundation and Gerald Ford Amphitheater who will talk about what it takes to produce a ticketed model and what the struggles are explaining it is more of an art not a science. (2) Mike O’Brien from Peak Performances is going to talk about the types of music that fit with the Avon brand and what we should look at as we grow. He may also speak about the opportunities that are starting to be presented to us, where we don’t take the risk and he will wrap up his portion speaking to where we have come with AvonLIVE!. (3) CASE Manager Dempsey and Town Manager Heil will talk about the 10-Year Vision of the CASE Committee. (4) CASE Committee will lead the conversation with Council about our goals, 10-Year Vision, struggles, etc. She explained that there will probably not be enough time to dive into the peer community research, but it will be in the staff report. Overall, we are seeking direction from Council regarding approval of the concepts outlined in the 10-Year Vision. Peer Community Research CASE Manager Dempsey dove into the Peer Community Research that herself and Chelsea worked on compiling. Below are the communities that staff further researched, and the slides represent the saliant points that we felt best described each community. She posed the questions, “does CASE think this is the right information to present to council?” and “does CASE agree budget, venue, and staffing are the most important points?” CASE COMMITTEE MEETING MINUTES THURSDAY, APRIL 13, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 13 APRIL 2023 PAGE 2 | 4 1. Beaver Creek Resort Company: When we look at Beaver Creek, the thing to note is the events and activations are year-round with significant budget to produce and market to destination guests. They produce their own events as well as contract out to create a diverse array of events. Their budget is large and is obtained from fees and association dues. 2. Town of Vail: Vail’s budget of $2.6MM; $2MM goes to 3rd party and $600,000 goes to producing their own events. It shows one staff person, but this person is farming the 281 events out and not producing them all. Vail has a large number of events because they have month long activations. Vail’s focus is completely different than ours as it is heads in beds. 3. Town of Breckenridge: GO Breck receives all funding from Town of Breckenridge to produce events and market for the town. The Town also gives money to Breck Creates to help with the operations of their facilities. Their focus is similar to Vails which is increasing destination guests. They spend a large investment in their creative districts and areas. 4. Town of Dillon: Most events are produced by the town and 3rd parties receive some support. They are different in that they heavily focus on the Dillon Amphitheater and their capacity is less than ours in Nottingham Park. They have a lot more staff than us and majority is focused on the Dillon Amphitheater. Their focus is activations that have long lasting social and economic engagement. 5. Town of Silverthorne: Over the past 5 years, they have really built up their town and created more of a Main Street feel with a Downtown development. They are now heavily invested in arts and culture and their First Fridays is their main event once a month and is focused on community. 6. Town of Frisco: Has year-round activations and focuses on history and community. They produce all their own events, in partner with the recreation department. Their budget includes only their current department, not recreation as well, which makes up a large portion of their events. 7. Town of Salida: Salida is a unique, small town and is on the national registration of historic places which capitalize on that in their events, arts, and culture. Salida was one of the first creative districts in the state and the Salida Creative District is run by the city as well as the Steam Plant. Their events and arts & culture have two separate budgets. The Committee commented/inquired: A. One thing that stuck out to me was Beaver Creek had a year-over-year budget increase that is different from Avon. 30% from 2022 to 2023 as well as a larger number of staff. B. Is there a master role up of budget vs. event days and how much they spend per event? C. Which end of the spectrum do you want to be on BCRC or Vail? D. Are you trying to show Council that every town is completely different, and we don’t need to mirror anyone? E. You need to start with saying “we are not the same and this is what the peer communities research shows”. F. What is differentiating is it is guest focused vs. community focused. Breck, Vail, Beaver Creek, etc. That differentiates us from some, right off the bat. Also, their towns are built around guests unlike ours. G. Is the direction we want to go more events and another staff person? H. With the new Council members, would it create a new momentum for Cultural, Art and Special Events? I. What does it mean that they are built and de-constructed? It shows the staffing needs. J. Could we come up with some sort of plan to bid out to have someone help us produce events at the Avon Performance Pavilion? CASE COMMITTEE MEETING MINUTES THURSDAY, APRIL 13, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 13 APRIL 2023 PAGE 3 | 4 K. There is a spectrum of how these communities all work, there is 3rd party and give them funding or the town produces everything. L. You are selling an invisible product. M. I think you (Danita and Chelsea) should decide on what model we want and what we need. Make it well known what your vision is for it. I think it needs to be vocalized. N. CASE has gone in with a recommendation to Council in the past and Council usually does not go in our favor. Our approach is “what we are struggling with”. Our community told us we want more events, and we have a budget that does not support that. We know what we want, and we are wrestling with this. O. Our outcome is we want growth, but the growth did was not supported in the budget. And there is also growth in the community. P. There is no recommendation per’ say, but there is what we are wrestling with. Q. Something that speaks to me is that a lot of these have a year-round event schedule, but for Avon to do that, you are going to need additional staff. R. What stands out to me significantly is that in all these communities the staffing is higher than the number of events on the schedule than the Town of Avon. I don’t think arts and culture is going to get another staff person, I think it is events that will get it done. Council listens to what people want and there are changes in the town and we are struggling with how to keep up. S. They said they want a year-round calendar that includes signature events, we want that too, and we are wrestling with this…. T. The reason I would lead with the data is that it is factual, and it encompasses the vision. CASE Manager Dempsey responded for a “master role up”, it is a good metric to have but I don’t want to change the course of Council if we were to present that. Maybe instead the last bullet on each slide needs to be more detailed out. CASE Manager Dempsey explained that what we are going to Council for is we are trying to get a better feeling if they want to move forward with the vision or if they stay where we are, status quo. If moving forward, we want a thumbs up on Best of the West and Heart of Soul as well as maturing the arts portfolio and beginning a culture portfolio. That being said, if they want any more than we are currently doing, we need another staff person. They could say just stay where we are for another 2-3 years and that’s fine. We have taken larger talent budget = bigger crowds, ticketed concepts, to Council 4-5 times since 2019, and Council has not been supportive so at what time do we stop asking and just keep doing what we are doing? Town Manager Heil posed a question when I asked him this question and he asked me, “Do you think the Avon community wants more events?” He continued, that the answer is yes so, we have to keep trying. He also shared that we need to offer Council a tradeoff which is more staff equals more events and arts and culture. Deputy Town Manager McKenny stated that she thinks part of the conversation is the opportunities that are zero risk that were presented to Council this winter. She continued that another part of the conversation is what is giving Council heartburn…money, activations, risk, etc.? One of the goals she sees at the work session is to walk out with clarity if more events are funded by Avon or 3rd party. The position to Council is all these answers helps CASE get to where they want to go so the team can map out a budget and program for 2024. Then explaining we will be back before you to get what you are thinking so it can percolate with them. She wrapped up expressing, we are growing and need to grow a program that speaks to a growing Avon to guests and locals. CASE COMMITTEE MEETING MINUTES THURSDAY, APRIL 13, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 13 APRIL 2023 PAGE 4 | 4 CASE Manager Dempsey answered to contracting out AvonLIVE! and explained that in 2015, the Town of Avon approached with the Vail Valley Foundation to produce AvonLIVE! and there was no interest at the time, but it was before the brand had traction. She also mentioned that she is curious if Council would be interested in investigating becoming a designated creative district. CASE Manager Dempsey wrapped up the conversation that Council needs to hear from members of CASE! Deputy Town Manager McKenny continued saying each Committee member needs to take a little 3-minute platform on where they stand. She continued that it is a joint meeting for CASE to share what is on their mind. 10-Year Vision Updates CASE Manager Dempsey presented the 10-Year Vision that will be presented to Council and explained that the Strategic Plan will be brought forward again in the fall. She stated that Town Manager Heil wants us to lead with the vision and where we think we are going to be in 10 years. 5. CLOSING COMMENTS CASE Manager Dempsey said that the May CASE committee meeting will be in the green room and on the Terrace so we can talk about the calendar, experience the indoor and outdoor space, in a less formal environment. Committee Chair Lisa Mattis then explained that the CASE Committee is headed for a change in leadership and at May’s meeting we will take a vote on who is going to take the Chair’s role as well as a co-Chair. 6. ADJOURNMENT The meeting was adjourned at 1:47 p.m. Respectfully submitted by: Chelsea Van Winkle Special Events Coordinator 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Danita Dempsey, CASE Manager RE: Art Projects in Avon DATE: May 1, 2023 SUMMARY: This report provides a written update on the third annual Art Around Avon temporary sculpture installations planned for this spring. There is no action required by Council. BACKGROUND: The Art Around Avon program launched in 2021 with nine (9) locations and sculptures. The Art Around Avon program is a mechanism for bringing art to Avon through temporary installations which are renewed/rotated out each year with minimal investment from the Town. In 2022, the Town entered into multi-year license agreements with (1) Hoffman Commercial Properties/Arts of the Valley and (2) Avon Town Square Commercial Condominium Association to license a total of nineteen additional art pedestals with zero license fees. There are thirteen (13) art pedestals through the agreement with Hoffman Commercial Properties/Art of the Valley located in Avon’s “eastern core” and six (6) through the agreement with Avon Town Square Commercial Condominium Association located on W. Benchmark Road. With the addition of these two (2) licenses agreements plus Avon’s original nine (9) locations, the annual Art Around Avon Program grew to include up to twenty-six (26) locations for temporary sculpture installations. Last year Staff was successful in filling nineteen (19) of the twenty-six (26) locations with temporary sculptures. This past winter, Staff work included Artist Call Out/Request For Proposals (RFP) for the third annual Art Around Avon program. To allow the community more time to view and enjoy the Art Around Avon program, and with Council approval, the program was extended to a two-year program instead of one-year program. Therefore, each sculpture installed this spring will remain on exhibit through May 29, 2025. Furthermore, to highlight the keystone location at roundabout four on Avon Road, which is an expansive space, Staff released two (2) separate and distinct RFP’s. Art Around Avon: The Art Around Avon RFP, provided as ATTACHMENT A, requested sculptures for up to twenty-five (25) locations located in the Town core, excluding roundabout number four on Avon Road. 1. Overview: The Art Around Avon is a program with the goal of selecting up to twenty-five (25) visual art pieces for installation in pre-determined outdoor spaces in early June 2023. Selected artists will be engaged by the Town and paid a $900 stipend. The selected artist’s work will be on exhibition in an outdoor location for up to twenty-four (24) months during which time the artist may make the work available for sale. 2. The Call for Artist / RFP was released through CAFÉ, an on-line artist application, selection, and jury process on December 9, 2022, and closed on March 26, 2023. 3. Staff received thirty-two (32) qualified submissions from twenty (20) artists for the Art Around Avon program. 4. A selected group juried the Art Around Avon submissions through CAFÉ between March 27th and April 18th. 5. The Jury Panel selected eighteen (18) new pieces, retained three (3) pieces for another two years, and twelve (12) different artists. 970-748-4065 ddempsey@avon.org 6. Jury Panel: A list of the individuals on the Jury Panel; and a short bio on those who are not employed by the Town or on the CASE Committee, is provided below. a. Andrew Pranger – Past President Vail Valley Art Guild: “…over 15 years of arts education and experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art Painting at the University of Brighton in England (BA Hons), and a Master of Arts Leadership and Cultural Management at Colorado State University. I have been the President of the Vail Valley Art Guild since December 2017, currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work at galleries across the US and Europe." b. Tara Novak – Vail Valley Art Guild: Mountain girl, artist, entrepreneur, and Vail Valley resident for over 25 years. Tara founded the art cooperative ARTSPaCE workshop+gallery in 2014. This space is Tara’s home studio, while also continuing to grow as a thriving hub for local artists and community collaboration. In 2019 Tara received the Town of Eagle’s “Community Impact Award” for her vitality building efforts creating the EagleARTS ARTWalk event in Historic Downtown Eagle. In 2020 and 2021, Tara was awarded public art projects in the Vail Valley – decoratively painting six benches in Avon and a utility box in Riverwalk in Edwards as part of a community vitality installation. c. Emily King – Exhibit Manager and Associate Curator for the Arvada Center for the Arts and Humanities where she manages three art galleries totaling over 10,000 square feet and a large sculpture field featuring a rotating selection of 20+ large outdoor artworks. In addition to her career as a museum professional, Emily is an artist living and working in the Denver Metro area. d. Ruth Stanley – CASE Committee and Avon Town Council Member e. Calyn Rieger – CASE Committee Member f. Danielle McNair – CASE Committee Member g. Pedro Campos – CASE Committee Member h. Patty McKenny - Deputy Town Manager i. Danita Dempsey – CASE Manager j. Chelsea Van Winkle – Special Events Coordinator Art Around Avon Town Center Location: The Town Center RFP, provided as ATTACHMENT B, was specifically designed to attract sculptures that were more substantial and could fill the expansive space. The RFP included (1) a higher stipend ($2,000) paid to the selected artist and (2) additional size parameters for the proposed work. 1. Overview: The Town Center location is the crowned jewel of the Art Around Avon program. This location is of high significance and priority, an expansive space, centered location on Avon’s main thoroughfare, and has mountain vistas as a backdrop, will demand a prominent work with the ability to be seen by pedestrians from across Avon Road. The proposed work for this location must be a minimum of 12’ tall and a maximum of 20’ tall, be of substantial girth/circumference and fit on a concrete circular pedestal measuring 13’ in diameter. 2. The Call for Artist / RFP was released through CAFÉ, an on-line artist application, selection, and jury process on December 9, 2022, and closed on March 26, 2023. 970-748-4065 ddempsey@avon.org 3. Staff received twelve (12) submissions for the Town Center Location of which only three (3) were qualified based on the size requirements listed above. 4. Due to the limited number of qualified submissions for the Art Around Avon Town Center Location the Jury Panel elected to re-install the Town owned bronze sculpture, Checkmate at roundabout four and install a cheerful new piece titled When It’s All Over Have I Done Enough in Possibilities Plaza. 5. Jury Panel: The following Town Staff juried the Town Center Location submissions: a. Eric Heil b. Patty McKenny c. Ineke de Jong d. Danita Dempsey e. Chelsea Van Winkle The Art Around Avon program installations will be presented to the community through the year-round digital map available on the Town’s website, and a printed walking map which will be available in the coming months. The Jury Panels final selections and locations are provided in ATTACHMENT C. FINANCIAL CONSIDERATIONS: The 2023 Adopted Budget includes $39,267 for the Art Around Avon Program and includes all artist stipends for one-year, CAFÉ fee’s, installation costs, creative development fees, printing, and promotional materials. All steel for the base plates and plaque stations were purchased last year. The Fleet Department welds the steel bases to the art pedestals, creates plaque stations and installs both. This is an extremely exciting time! The Jury Panelists, CASE Committee and I are thrilled that Avon continues to support programs which further identify Avon as an “art community.” I will be providing updates to Town Council along the way. Thank you, Danita ATTACHMENTS: Attachment A – RFP Call for Artists Art Around Avon Program Attachment B – RFP Call for Artists Art Around Avon Town Center Location Attachment C – Final Jury Panel Selections and Locations Artist Call Out / Request for Proposal Art Around Avon Project 2023 Page 1 of 3 CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON ART AROUND AVON PROGRAM for 2023 - 2025 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon Program to promote the display of visual art throughout the Town of Avon community for the benefit of residents and visitors. This is a project of the Avon Town Council and the Cultural, Arts & Special Events (“CASE”) Committee. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Overview: The Art Around Avon is a program with the goal of selecting up to twenty-five (25) visual art pieces for installation in pre-determined outdoor spaces in early June 2023. Selected artists will be engaged by the Town and paid a $900 stipend. The selected artist’s work will be on exhibition in an outdoor location for up to twenty-four (24) months during which time the artist may make the work available for sale. The Town shall produce and distribute materials regarding the work for marketing purposes, including photographs of the work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on exhibition in the Town through the Art Around Avon program. If an artist’s work is sold during the exhibition period, the work shall be removed after the decommission date. Project Intent: To further establish the Art Around Avon Program to become a well-known, two-year exhibition showcasing outdoor sculptures in visible places around the Town. Project Budget: Selected artists shall be paid a $900 stipend per piece of work. The artist shall perform all services and furnish all supplies, material, and equipment as necessary for the design, execution and fabrication of the work including transportation of the work to and from the installation site. Site Description: Various visible outdoor locations in highly trafficked areas in the Town along main roadways, Main Street Mall, Nottingham Park, and playgrounds. The ground level base or platform, and/or raised pedestal for the work is provided by the Town and will be either reinforced concrete or cut stone with or without a steel plate; and, based off location of the installation. Installation & Decommission: The Town is not responsible for assembling or disassembling the work on- site during installation or decommission. The Town will provide traffic control, assist in maneuvering and anchoring the work to the base or platform. Attachment A provides the type of material for the base/platform, pedestal, etc., space size, size restrictions and/or requirements for work, and photos or links to photos. ATTACHMENT A Artist Call Out / Request for Proposal Art Around Avon Project 2023 Page 2 of 3 Eligibility: 1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2. All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3. Applicants must be able to complete and transport work on June 8th, 2023. 4. Applicants must be able to pick up work May 29th, 2025. 5. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Requirements of Work: 1. Safe for pedestrians. 2. Of appropriate scale for street display. 3. Able to withstand high winds and/or substantial temperature changes. 4. Easy to maintain in an outdoor mountain environment. 5. Freestanding but attachable to a steel mounting plate or reinforced concrete pedestal (provided by the Town) for exhibit purposes. Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist application and selection processes for the Art Around Avon program. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Artists may submit up to six (6) applications. One application per proposed piece of work. b. Each application must include a minimum of two (2) and a maximum of five (5) digital images for each piece of work being proposed. c. Project statement describing your approach and intention for the work. d. Special display and installation requirements for each piece of proposed work. 3. References Work: Three (3) relevant project references to include the following for each of the three (3) referenced projects: a. Main contact: Name, Organization, Email and Phone Number. b. Scope and description of project. c. Project location. d. Each piece of reference work must include a minimum of one (1) digital image and maximum of three (3) digital images for each referenced work. e. Reference work imagery must be labeled to clearly identify the imagery as referenced work. If not labeled reference work, it will be considered proposed work. For example: i. Reference Work A Image #1; Reference Work A Image #2; Reference Work A Image #3. ii. Reference Work B Image #1, Reference Work B Image #2, etc. Artist Call Out / Request for Proposal Art Around Avon Project 2023 Page 3 of 3 4. All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment B. 5. Anticipated Timeline: • Artist Call for entry: December 9, 2022 • Deadline for entry: March 26, 2023 • Proposed selection notification: April 27, 2023 • Installation of work: June 8, 2023 • Exhibition period for work: June 9, 2023, through May 29, 2025 • Decommission and removal of work: May 29 through May 30, 2025 • Disposal deadline: June 6, 2025 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Artist Call Out / Request for Proposal Town Center Location Art Around Avon Project 2023 Page 1 of 3 CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON TOWN CENTER LOCATION ART AROUND AVON PROGRAM for 2023 - 2025 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon Program to promote the display of visual art throughout the Town of Avon community for the benefit of residents and visitors. This is a project of the Avon Town Council and the Cultural, Arts & Special Events (“CASE”) Committee. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Overview: The Town Center location is the crowned jewel of the Art Around Avon program. This location is of high significance and priority, an expansive space, centered location on Avon’s main thoroughfare, and has mountain vistas as a backdrop, will demand a prominent work with the ability to be seen by pedestrians from across Avon Road. The proposed work for this location must be a minimum of 12’ tall and a maximum of 20’ tall, be of substantial girth/circumference and fit on a concrete circular pedestal measuring 13’ in diameter. The selected artist for the Town Center location will be engaged by the Town and paid a $2,000 stipend. The selected artist’s work will be on exhibition in an outdoor location for up to twenty-four (24) months during which time the artist may make the work available for sale. The Town shall produce and distribute materials regarding the work for marketing purposes, including photographs of the work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on exhibition in the Town through the Art Around Avon program. If an artist’s work is sold during the exhibition period, the work shall be removed after the decommission date. The Town Center location is part of the overall Art Around Avon program which includes up to twenty-six (26) total visual art pieces for installation in pre-determined outdoor spaces in early June 2023. Project Intent: To further establish the Art Around Avon Program to become a well-known, two-year exhibition showcasing outdoor sculptures in visible places around the Town. Project Budget: Selected artist shall be paid a $2,000 stipend. The artist shall perform all services and furnish all supplies, material, and equipment as necessary for the design, execution and fabrication of the work including transportation of the work to and from the installation site. Site Description: The easternly oriented picture below shows the 13’ in diameter reinforced circular pedestal with a large bronze sculpture (no longer in this location) and includes the circular rock wall surrounding the circular pedestal. The Town Center location is on Avon’s main thoroughfare, Avon Road, which contains five (5) roundabouts. The selected work placement and Town Center location is roundabout number four. There are also three flag poles in this roundabout which display the United States, Colorado State, and Town of Avon flags. ATTACHMENT B Artist Call Out / Request for Proposal Town Center Location Art Around Avon Project 2023 Page 2 of 3 Installation & Decommission: The Town is not responsible for assembling or disassembling the work on- site during installation or decommission. The Town will provide traffic control and assist in maneuvering the piece to the pedestal and anchoring the work to the base or platform. Eligibility: 1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2. All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3. Applicants must be able to complete and transport work on June 8th, 2023. 4. Applicants must be able to pick up work May 29th, 2025. 5. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Requirements of Work: 1. Of appropriate scale. 2. Able to withstand high winds and/or substantial temperature changes. 3. Easy to maintain in an outdoor mountain environment. 4. Freestanding but attachable to a reinforced concrete pedestal (provided by the Town) for exhibition purposes. Artist Call Out / Request for Proposal Town Center Location Art Around Avon Project 2023 Page 3 of 3 Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist application and selection processes for the Art Around Avon program. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Artists may submit up to six (6) proposed pieces of work. b. Each proposed piece must include a minimum of two (2) and a maximum of five (5) digital images. c. Project statement describing your approach and intention for the work. d. Special display and installation requirements for each piece of proposed work. 3. References Work: Three (3) relevant project references to include the following for each of the three (3) referenced projects: a. Main contact: Name, Organization, Email and Phone Number. b. Scope and description of project. c. Project location. d. Each piece of reference work must include a minimum of one (1) digital image and maximum of three (3) digital images for each referenced work. e. Reference work imagery must be labeled to clearly identify the imagery as referenced work. If not labeled reference work, it will be considered proposed work. For example: i. Reference Work A Image #1; Reference Work A Image #2; Reference Work A Image #3. ii. Reference Work B Image #1, Reference Work B Image #2, etc. 4. All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment A. 5. Anticipated Timeline: • Artist Call for entry: December 9, 2022 • Deadline for entry: March 26, 2023 • Proposed selection notification: April 27, 2023 • Installation of work: June 8, 2023 • Exhibition period for work: June 9, 2023, through May 29, 2025 • Decommission and removal of work: May 29 through May 30, 2025 • Disposal deadline: June 6, 2025 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Art Around Avon | Site Descriptions April 18, 2023 Art Around Avon Site Descriptions with Proposed Art April 18, 2023 Danita Dempsey | Cultural, Arts & Special Events Manager ATTACHMENT C Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Good Morning Sunshine 15' x 3.5' x 7’ Art Around Avon Town Center Location Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 1 Avon Road -Center of Round-About (RAB) #4 Checkmate Bronze 103” x 91” x 134”N/A 13' Diameter Reinforced concrete circular pedestal Checkmate Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: WingOne 6’ x 2’ x 3” Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 2 Avon Road -RAB #3 SW Corner Ambiguous Family Reclaimed truck hoods, steel 84” x 36” x 36” 35" D, 37" W 12" Tall Cut stone pedestal w/ steel plate set on brick pavers Ambiguous Family Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Effloresce 50" x 55" x 55" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 3 Avon Road -RAB #3B NW Corner Snowy Owl Polymer concrete and steel 80” x 21” x 21”32" D, 41" W 21" Tall Cut stone pedestal w/ steel plate set on reinforced red sandstone Snowy Owl Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Matelassé 4' x 8' x 4' Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 4 Avon Road -RAB #4 SE Corner Raised Platform Mountain Lion Steel 36” x 18” x 106”N/A N/A Reinforced concrete platform Mountain Lion Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Cloud Nine 72" x 14" x 14" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 5 E. Benchmark Road & Beaver Creek Place / NE Corner Peace & Chaos Stainless steel, automotive paint 84” x 24” x 24”53" D, 47" W 8" Tall Cut stone pedestal w/ steel plate set on brick pavers Peace & Chaos Art Around Avon: Site Descriptions April 18, 2023 Google Map Image This piece will remain on display and is Town owned. Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 6 E. Benchmark Road @ City Market Bus Stop Court Jester Steel, Chromed Powder Coated & High Fire Salt 12’ x 6’ x 6’N/A 12" Tall Cut stone pedestal Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Link 84" x 35" x 25" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 7 Avon Road -RAB #4 SW Corner Life Aquatics Steel, Bronze, Sandstone 96” x 13” x 8”36" D, 45" W 10" Tall Cut stone pedestal w/ steel plate set on brick pavers Life Aquatics Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Basking 23" x 63" x 44" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 8 E. Benchmark Road / Bus Stop Fear and Love Steel, 2-part automotive paint 72” x 36” x 36”64" D, 51" W 10" Tall Cut stone pedestal w/ steel plate set on brick pavers Fear and Love Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Resilience 80" x 18" x 9" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 9 Avon Road -RAB #4 NE Corner Let’s Play Steel, high fire salt 6’ x 36” x 36”37" D, 50" W 14" Tall Cut stone pedestal w/ steel plate set on brick pavers Let’s Play Art Around Avon: Site Descriptions April 18, 2023 #11 W. Benchmark Road Google Map Image #12 W. Benchmark Road Google Map Image #10 W. Benchmark Road Google Map Image #13 W. Benchmark Road Google Map Image Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 10 W. Benchmark Rd. East End A -Slifer Smith Frampton Building EMPTY N/A 40" Diameter, 26" Tall Circular concrete pedestal 11 W. Benchmark Rd. East End B -Slifer Smith Frampton Building N/A 40" Diameter, 26" Tall Circular concrete pedestal 12 W. Benchmark Rd. West End A -Slifer Smith Frampton Building N/A 40" Diameter, 26" Tall Circular concrete pedestal 13 W. Benchmark Rd. West End B -Slifer Smith Frampton Building N/A 40" Diameter, 26" Tall Circular concrete pedestal **Pedestals Remain Empty** Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Ancestral Totem 106" x 10" x 8" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 14 Junction North -E. Beaver Creek Blvd.My Mental Garden Steel 96” x 12” x 12”N/A 40" Diameter Cut stone My Mental Garden Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently Empty Bird in all of us Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 15 Junction West -E. Beaver Creek Blvd Bird in all of us Bronze 6’ x 24” x 24”N/A 36" D X 32" W; 34" Tall Square stone veneer pedestal w/ neutral sandstone top Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Blackbird 72" x 24" x 24" Say Cheese Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 16 Junction Parking Lot -E. Benchmark Rd.Say Cheese Steel, foam, fiberglass, paint 72” x 18” x 6”N/A 60" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions April 18, 2023 Google Map Image This piece will remain on display: Wind Sprite Art Around Avon Program Location # |Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 17 Christie Sports West -Parking Lot Wind Sprite Stainless steel and mild steel 15' x 5' x 4.8'N/A 60" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display Storming West 49" x 14" x 10" Oyster Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 18 The Annex Parking Lot -E. Benchmark Rd.Oyster Stainless steel, steel, copper 33” x 24” x 12” N/A 35" D x 35" W; 32" Tall Square stone veneer pedestal w/ neutral sandstone top Art Around Avon: Site Descriptions April 18, 2023 Google Map Image This piece will remain on display and transition to a new location: Petite Couleur 96” x 48” x 36” Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 19 Christie Sports East -E. Benchmark Rd.Songs of Joy Steel and enamel 68” x 60” x 60”N/A 60" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Songs of Joy Art Around Avon: Site Descriptions April 18, 2023 Google Map Image This piece will remain on display and transition to a new location: Eternal Echoes 96" x 15" x 8" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 20 The Annex Parking Lot -E. Benchmark Rd./ Beaver Creek Place Liberation Bronze with patina 108” x 30” x 30”N/A 40" Diameter Square ground level concrete slab Liberation Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 21 Chapel Square Parking Lot -Center Dancing Aspens Mild steel, powder coat, enamel 14’ x 10’ x 10’N/A 111" D x 111" W; 42" Tall Square stone veneer pedestal w/ red sandstone top Currently on Display: Balance of Power 174" x 46" x 60" Dancing Aspens Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently Empty Majesty Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 22 Chapel Square Parking Lot / Urgent Care Majesty Steel, high fire salt 80” x 14” x 12”N/A 48" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Waterspout 65" x 29" x 24" Art Around Avon Program Location # Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 23 Chapel Square Sidewalk / Nozawa Whispers of Spring Steel and aluminum 96” x 18” x 8”N/A 55" Diameter; 26" Tall Circular stone veneer pedestal w/ red sandstone top Whispers of Spring Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display: Parts 80" x 36" x 30" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 24 Chapel Square Sidewalk / Fiesta's Dragonfly Steel and marble 48” X 36” x 36”50" Diameter 52" Diameter; 40" Tall Circular stone veneer pedestal w/ red sandstone top Dragonfly Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Currently on Display Feather 79" x 19" x 36" Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 25 Chapel Square Sidewalk / CoHabit Spine II Steel 84” x 36” x 20”25" x 30" x 29" x 28"40" Diameter Cut stone Spine II Art Around Avon: Site Descriptions April 18, 2023 Google Map Image New location previously occupied by Knox Galleries piece Scratching an Itch Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 26 Possibilities Plaza Petite Couleur N/A 96” x 48” x 46”N/A 54" Diameter Reinforced concrete Petite Couleur Art Around Avon: Site Descriptions April 18, 2023 Google Map Image New location prepared for art during West Nottingham Park Improvements Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 27 Avon Elementary School / Lower Field Entry Eternal Echoes Steel and enamel 96” x 15” x 8”TBD TBD Cut stone Eternal Echoes Art Around Avon: Site Descriptions April 18, 2023 Google Map Image Art Around Avon Program Location #Location Description Art Piece Title Material Size of Piece Steel Plate Size Base/Pedestal Base / Pedestal Material 28 Possibilities Plaza When It’s All Over Have I Done Enough Steel, powder coat 15.6’ x 5’ x 5’TBD TBD Reinforced concrete circular pedestal When It’s All Over Have I Done EnoughCheckmate