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TC Packet 09-12-2023_______________________________________________________________________________ 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, Sept 12, 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. Presentation: SpeakUp ReachOut Update (SpeakUp ReachOut Hispanic and Youth Program Specialist Elian Marquez) 5.2. Presentation: Downtown Development Authority Election Update and Next Steps (Town Manager Eric Heil) 5.3. Work Session: Capital Project Fund and First Draft Long-Range CIP (Public Works Director Eva Wilson) 5.4. Public Hearing: Resolution 23-17 Approving 2nd Amendment to 2023 Budget (Incoming Finance Director Paul Redmond) 5.5. Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner) 6. MINUTES 6.1. Approval of Aug 22, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. Salute to the USA 2023 Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. 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. Slide Title Style Shown Here SpeakUpReachOut.org Suicide Prevention Coalition of the Eagle ValleySuicide Prevention Coalition of the Eagle Valley Slide Title Style Shown Here SpeakUpReachOut.org Suicide by the Numbers SpeakUpReachOut.org Eagle County Statistics Year # of Suicides Average Age Male/Female Resident 2022 15 48 12 male; 3 female 14 yes; 1 no 2021 9 32 7 male; 2 female 8 yes; 1 no 2020 12 42 11 male; 1 female 12 yes; 0 no 2019 12 48 7 male; 4 female 10 yes; 1 no Slide Title Style Shown Here SpeakUpReachOut.org Stories Behind the Work SpeakUpReachOut.org Your Impact on Sherry Slide Title Style Shown Here SpeakUpReachOut.orgSpeakUpReachOut.org Provide Education & Awareness Improve ConnectednessPostvention Improve Access & Delivery of Suicide CareLethal Means Safety Increase Economic Stability Theory of Change Slide Title Style Shown Here SpeakUpReachOut.org ●Signature Event Series ●Community Connections ●Peer Support Groups ●Suicide Prevention Training ●Signs of Suicide School Programming ●Coping Skills for Resilience ●Continuing Education for Providers ●The Gun Shop Project ●Retrospective Fatality Analysis ●Community Response & Loss Support Our Initiatives SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org ●2009-2021 Reached 16,500 people ●2022 Reached 1,746 Adults in 76 Sessions ●21/22 School Year Reached: 3,779 students ○140 classroom sessions ●12,000 Website visits in 2022 ●5 Full Time Staff in 2022 In 2023, we strive to train 40 organizations in suicide prevention. Giving 1000 people the skills to recognize the signs of suicide and ask the tough question…’Are you thinking of suicide?’ Reaching our Goals SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org Language Matters SpeakUpReachOut.org Choosing Compassionate and Accurate Language ●Died of/by Suicide vs. Committed suicide ●Suicide v. Successful attempt ●Suicide Attempt vs. Unsuccessful attempt ●Describe behavior vs. manipulative/attention seeking ●Describe behavior vs. suicide gesture/cry for help ●Diagnosed with vs. they’re Borderline/Schizophrenic ●Working with vs. dealing with suicidal patient Slide Title Style Shown Here SpeakUpReachOut.org ●Share what you have observed ●Let the person know you are concerned and willing to help ●Ask the question(s) without dread ●Provide resources and make a direct referral, if possible ●Never leave an actively suicidal person alone ●Call 911 immediately if the person has a weapon or is actively trying to hurt themselves or someone else Helping Someone SpeakUpReachOut.org How to help Slide Title Style Shown Here SpeakUpReachOut.org ●Tell the person to “snap out of it”, “act happy”, “I know exactly how you feel”, etc. ●Blame person for their symptoms ●Try to “cure” or fix the person ●Dismiss, belittle or trivialize the person’s feelings or experiences ●Do nothing Helping Someone SpeakUpReachOut.org What you should NOT do Slide Title Style Shown Here SpeakUpReachOut.org ●Level 1 ○Question, Persuade and Refer ○LivingWorks Start ○VitalCog: Suicide Prevention for the Workplace ●Level 2 ○Mental Health First Aid ○Youth Mental Health First Aid ○Soul Shop for Leaders ●Level 3 ○Applied Suicide Intervention Skills Training (ASIST) Learn More SpeakUpReachOut.org Training with SpeakUp ReachOut Slide Title Style Shown Here SpeakUpReachOut.org ●QPR Trainings -Every other Tuesday ●Hope Hour -September 13 & October 11 ●Psychological First Aid -September 14 ●This Is My Brave-The Show -October 19 ●Día de los Muertos -November 4 ●Soul Shop -November 6 ●Applied Suicide Intervention Skills Training (ASIST)-November 7 & 8 ●MY SISTER LIV Film Screening - November 14 & 15 Upcoming Events SpeakUpReachOut.org ●Bullet style shown here ●Bullet style shown here ●Bullet style shown here ●Bullet style shown here Slide Title Style Shown Here SpeakUpReachOut.org Get Help SpeakUpReachOut.org www.vailhealthbh.org 970-306-4673 970-748-4021 pmckenny@avon.org TO: Avon Town Council FROM: Eric Heil, Town Manager RE: Downtown Development Authority: Special Election Results and Next Steps in Establishing the DDA DATE: September 4, 2023 SUMMARY: The purpose of the report is to (1) provide a summary about the Special Election conducted on August 29, 2023, including results and costs, and (2) outline next steps in the establishment of the Avon Downtown Development Authority (“Avon DDA”). No formal Council action is requested at this time. BACKGROUND: The Town Council referred the ballot question to eligible voters about establishing an Avon Downtown Development Authority at the June 27, 2023 council meeting. A special election on August 29, 2023 was conducted by the Town Clerk’s office as an independent mail ballot election. Town Hall served as the voter service center on Election Day. ELECTION RESULTS: The final election results included 51 votes in favor of the establishment of the Avon DDA and 13 votes not in favor of the referred question. The official certification for the election is reflected in Attachment A. In summary, 19% of those eligible to vote returned ballots (67); there were 294 ballots mailed to registered voters and 53 ballots mailed to resident landowners and lessees. The costs associated with election administration were just around $5,200 which included multiple mailings of election notices to eligible voters and production of ballots, envelopes, etc. In addition, there were professional fees related to the hiring of a communications consultant in the amount of $19K responsible for helping to build community and stakeholder support and recommend key strategic communications for the initiative. NEXT STEPS: Staff are taking steps for the establishment of the Avon DDA which are identified below: 1.Notice to Solicit Interested Parties to serve as Avon DDA Members: The Town Clerk’s Office posted anotice soliciting letters of interest to serve on the newly formed Avon DDA. The deadline for receiving letters ofinterest and a resume is Wednesday, September 20. Persons who are residents, property owners and businesslessees within the Avon DDA area are eligible to serve on the Avon DDA Board of Directors. The terms of theinitial members of the Avon DDA Board of Directors are staggered per statute such that two Directors shall haveterms expiring on June 30, 2024, two Directors shall have terms expiring on June 30, 2025, two Directors shallhave terms expiring June 30, 2026 and the remaining Directors shall have terms expiring on June 30,2027. Please indicate your preference for a 1, 2, 3 or 4 year term. Notices, agendas, and packet materials willbe available on the town’s website similar to the format used for town council meetings as well as other boardsand formal committees. 2.Appointment of DDA members: Interviews for applicants and appointments to the DDA will be conducted atthe September 26 Council Meeting. Town Council will interview those interested in serving on the DDA and takeformal action to make the appointments that evening. 3.DDA Meeting: The first DDA meeting is scheduled for Monday October 2, 2023. The meetings will likely occurquarterly or on an as needed basis. 4.Business Topics for DDA Meeting: A number of business topics identified below will be presented at theOctober 2, 2023 DDA meeting to be held at Avon Town Hall (Holy Cross Meeting Room). a.Introduction and Overview of Avon DDAb.Adoption of By-Lawsc.Appointment of Officersd.Discussion of Potential Projects and Budgetse.Adoption of Avon DDA Plan and Review of Employer Survey Thank you, Eric ATTACHMENT A: Official Certification of Election Results for August 29, 2023 Special Election Attachment A Page 1 of 7 TO: Honorable Mayor Amy Phillips and Council Members FROM: Eric Heil, Town Manager, Eva Wilson, Public Works Director, and Paul Redmond, Chief Finance Officer RE: 2024 Capital Improvements Projects DATE: September 5, 2023 SUMMARY: This first of two work sessions serves as an introduction to the Avon Capital Improvement Program (CIP) and an opportunity to review the long-range Capital Improvements Project Plan (“CIP Plan”). This report estimates available revenues, describes CIP Plan policies, and introduces projects and options to the Council. Several large construction projects will be presented and discussed separately for the September 24, 2023, Council meeting. These projects include: • Avondale Apartments • Public Operations Garage • Recreation Center Expansion • Recreation Center Parking Structure • Planning Area E Early Childhood Education/Housing Project REQUESTED COUNCIL DIRECTION: This is an initial work session on updating the Town’s five-year CIP Plan. There are new projects, including several projects that require planning and design before there is a more accurate estimate of project costs. Council questions or requests for more detailed information are welcome and encouraged. Staff presentation will focus on the status of the 2023 CIP projects and the 2024 CIP list. Staff will be prepared to discuss any project on the proposed 2024 5-year CIP Plan list. Ultimately, Council direction is desired to prioritize projects in the CIP Plan as part of the complete 2024 Budget. AVAILABLE REVENUE: Council has the following identified revenue sources that can be used for capital improvement projects in 2024: TABLE 1: 2024 CAPITAL PROJECTS FUND REVENUE Real Estate Transfer Tax ($8.5M base level less $1,601,000 for debt service/staff) $6,899,000 General Fund (PW Garage) $3,500,000 Real Estate Transfer Tax interest earnings $300,000 American Recovery Act $1,600,000 2024 ChargeAhead Grant $20,000 Community Enhancement Funds $100,000 Avon Urban Renewal Authority $1,750,000 TOTAL Projected Revenues $14,169,000 Projected Fund Balance (12/13/2023, Unreserved) $2,852,323 TOTAL AVAILABLE FUNDS for 2024 $17,021,323 Proposed CIP Expenditures in 2024 $11,923,133 Page 2 of 7 CIP Policies and Restrictions on Various Fund Sources: The following policies have been used for the CIP fund: • The Town strives to maintain a minimum $1,000,000 balance in the CIP fund for emergencies and unforeseen capital improvement expenditures. • The projected RETT revenue base of $8.5 million is conservative. The projected revenue was increased from the $4 million used in previous budgets. Revenues that exceed the annual budget projection carry over in the fund balance to the next budget year. • The Avon Urban Renewal Area currently has $1,750,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon Elementary School, and north to the Buck Creek Medical Plaza north of I-70. The West Avon Urban Renewal Plan broadly authorizes the expenditure of URA funds on Town properties and Town public infrastructure in this area. Capital Projects Scheduling: The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage cost requires planning and design in the first year for a new project, and then bidding and construction the following year. Capital Projects Prioritization: A master list of projects is developed based on existing maintenance needs, requests from the Leadership Team and Council, and the Comprehensive Plan and Sub-Plans. Projects are prioritized and recommended for inclusion in the Capital Projects Fund based on the following criteria: • Maintenance of Existing Infrastructure and Facilities. Existing infrastructure and facilities should be well maintained (1) to prevent deterioration that may be costly to repair, (2) to maintain the intended functionality of all infrastructure and facilities, and (3) to prevent the appearance of disrepair or neglect. These projects are identified by staff as “Non-Discretionary”. • Public Safety. The protection of the public’s safety includes flood mitigation, fire prevention, and pedestrian safety. • Climate Goals and Water Quality. The Town’s adopted Climate Action Plan recommends reducing the amount of carbon generated by operating our facilities and improving the quality of water in the Eagle River. • Implementation of Town of Avon Comprehensive Plan. The Comprehensive Plan recommends improvements along the Main Street Mall and Harry A. Nottingham Park including extension of the Main Street Mall to Lake Street and redevelopment of the former Town Hall and Fire Station Sites. Year-End Fund Balance: The year-end unreserved fund balance of the Capital Projects fund is budgeted to stay above $1,000,000 to ensure a stable cash flow and ensure availability for unexpected projects. The year-end fund balances for the 5-year Capital Projects Fund are summarized below: Page 3 of 7 TABLE 2: CAPITAL PROJECTS FUND YEAR-END UNRESERVED FUND BALANCE Year Year-End Fund Balance 2024 $4,851,313 2025 $2,148,171 2026 $2,639,282 2027 $1,164,414 2028 $2,704,795 STATUS OF 2023 CIP PROJECTS AND ROLLOVERS TO 2024. Project Execution: The execution of the 2023 CIP program was impacted by the departure of key Engineering staff. Existing Engineering staff absorbed duties such as Project/Program Management, Planning File and Development reviews, Grading and Right-of-Way Permitting, and Flood/Debris Flow mitigation programs. In addition, extraordinary inflation in construction costs, limited availability of contractors, and increases in construction activities for 2022 and 2023 also impacted the execution of the 2023 CIP program. Moving forward, available staff hours should be part of the decision-making process. Contract support such as Owner Representatives helps support the surges/peaks of project management needs. Project Cost Estimating: The accuracy and reliability of project cost estimating increases as a project progresses from the Planning Phase to the Schematic Design phase, and to Design Complete. During the early phases of a project, contingencies are added based on the complexity of the project. Typical Project Cost Estimating phases: • Planning Cost Estimate: Project at conceptual stage. No site investigation. Contingency: 25% to 50% • Schematic Design: Facility layout/square footage/dimensions known. Desired amenities known. No site investigation. Contingency: 10%-30% • Design Complete: As design progresses from 30%, 60%, 90%, to design complete, cost estimates will assist/direct the design based on affordability. Utilities and site investigation/testing completed. Construction-ready documents. Contingency: 0% - 10% Project Solicitation Process: The Town of Avon uses Bidnet Direct for formal solicitations for design and construction services. In addition, local and established contractors with a positive history are contacted. For smaller projects, typically below $50,000, Staff reaches out to local and established contractors with a positive history for at least three (3) bids. Typically, the best time of the year to solicit projects is Oct and Nov when contractors start planning and filling their next year’s work plan. The Public Works Garage and several other projects are scheduled for solicitation in November. With past challenges in obtaining bids for several projects, a 2024 Contractors Open House will be held this fall to increase awareness of the Town of Avon’s design and construction program. Page 4 of 7 ACTIVE/ROLLOVER 2024 CIP PROJECTS: The Engineering, Facilities, and Operations Team continues to manage the below projects. TABLE 3: 2023 CAPITAL PROJECTS ROLLOVER to 2024: Page 5 of 7 NEW PROJECTS FOR 2024: The following projects are new for 2024. The project lists are divided into non-discretionary and discretionary categories. Non-discretionary projects are required to maintain existing facilities and infrastructure, council-approved intergovernmental agreements, and projects that have already started construction. Discretionary projects are for new public infrastructure and facilities which are NOT considered essential to prevent the deterioration of existing infrastructure and facilities. TABLE 4: New 2024 CAPITAL PROJECTS – FACILITIES NON-DISCRETIONARY DISCRETIONARY Page 6 of 7 TABLE 5: New 2024 CAPITAL PROJECTS – PARKS & OPEN SPACE NON-DISCRETIONARY DISCRETIONARY TABLE 6: New 2024 CAPITAL PROJECTS – STREETS AND PARKING NON-DISCRETIONARY DISCRETIONARY Page 7 of 7 TABLE 7: New 2024 CAPITAL PROJECTS – DRAINAGE - NON-DISCRETIONARY TABLE 8: New 2024 CAPITAL PROJECTS – UTILITIES - DISCRETIONARY REQUESTED DIRECTION: Council direction and additional project suggestions are requested. Thank you, Eric, Eva, and Paul ATTACHMENT A: 5-Year Capital Improvements Project Inventory ATTACHMENT B: General Fund and CIP Fund Balances ATTACHMENT C: Completed and Rollover CIP Project Descriptions ATTACHMENT D: NEW CIP Project Descriptions CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Total Proposed Project Budget Project #Capital Improvement Projects Budget 2024 2025 2026 2027 2028 Notes Facilities: 11032 Building Door Replacements (Town Hall Front Doors, Rec Center, Pavilion)105,000 - - - - - 13014 Public Works Facilities Expansion Planning 600,000 - - - - 14010 Fleet Maintenance EPDM Roof Replacement 460,000 - - - - - 14020 Fleet Maintenance - HVAC / AC 25,000 - - - - - 14021 ARTF - Roof Improvements / Snow 50,000 - - - - - 14022 ARTF - Roof Repair 90,000 - - - - - 14023 ARFT - Overhead Door Replacement 105,000 - - - - - 14024 ARTF - BAS / HVAC PM 165,600 - - - - - 14025 ARTF - HVAC Separation 170,000 - - - - - 14026 ARTF - Bus Wash Exit 125,000 - - - - - 15025 Metcalf Family Cabin Feasibility Analysis 20,000 - - - - - 15029 Recreation Center Aquatics Deck Repair 700,000 - 650,000 - - - Urban Renewal Fund Project New Projects for 2024: Non Discretionary NEW IT Office Expansion 30,000 30,000 - - - - NEW PD Cooling Tower Chemical loop pump 12,000 12,000 - - - - NEW Fleet Compressor System 40,000 40,000 - - - - NEW Swim Area Anchors Nottingham Lake (4)25,000 25,000 - - - - NEW Fleet Vehicle Lifts Repair*400,000 320,000 - - - - NEW PSF HVAC BAS 75,000 - - - 75,000 - NEW PSF Security Systems 155,000 - - - 155,000 - NEW Public Works Annex Roof (Wildridge)40,000 - - - 40,000 - Discretionary NEW Public Works - Vehicle Storage Facility Construction 3,500,000 3,500,000 - - - - NEW Demolition of Facilities Modular 100,000 100,000 - - - - NEW Parks Garage Trash Enclosure 25,000 25,000 - - - - NEW Additional Lighting and Signage for Stage 50,000 50,000 - - - - NEW Relocate Facilities Division 50,000 50,000 - - - - NEW Pool area LED replacement 100,000 100,000 - - - - NEW Fitness Court Removal Design 35,000 35,000 - - - - NEW Improve Rear Access to Rec Center 150,000 150,000 - - - - NEW Recreation Center Expansion Project (Design)1,100,000 1,100,000 - - - - NEW Rec Center Building Key Card Access 50,000 50,000 - - - - NEW Rec Center additional 8 new cameras 25,000 25,000 - - - - NEW Planning West Parking Lot Area Old Town Hall 50,000 - 50,000 - - - NEW Rec Cernter Furniture 15,000 15,000 - - - - NEW Monument Signs for Pocket Parks 75,000 75,000 - - - - Projected Attachment A CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Total Proposed Project Budget Project #Capital Improvement Projects Budget 2024 2025 2026 2027 2028 Notes Projected Completed in 2023: 11023 New Town Hall 2nd and 3rd Floor Updates 130,000 - - - - - 11028 Office Furniture 153,184 - - - - - 11029 Building Access Control 70,000 - - - - - 11030 New Town Hall Front Entry ADA Access 25,000 - - - - - 11031 511 Metcalf Road #G20 535,000 - - - - - 14019 Bus Shelters 462,500 - - - - - 15019 Pavilion - Deck Railing and Floor Replacement 425,600 - - - - - 15021 Recreation Center Locker Replacement 330,439 - - - - - 15023 Recreation Center HVAC Upgrade 250,000 - - - - - 15024 Recreation Center ADA Parking 20,865 - - - - - 15028 Recreation Center Pool Replastering 205,000 - - - - - 15031 Water Slide Repair 45,788 - - - - - 15032 Steam Room / Sauna Remodel 75,000 - - - - - 15033 Public Art - "Mother's Pride"30,000 - - - - - 19008 EV Charging Stations (6)257,500 - - - - - 19009 2120 Saddle Ridge Loop Window Replacement 40,000 - - - - - 19010 Heat Recovery Controls Replacement 251,000 - - - - - 79115 Facility Reserve Study 50,000 - - - - - Parks and Open Space 11025 H.A. Nottingham Park East Improvements 2,850,000 - - - - - Urban Renewal Fund Project Rollover to 2024 21058 North Restrooms - Nottingham Lake Beach 540,000 - - - - - 21062 Nottingham Park - Irrigation Replacement Design 125,000 - - - - - 21063 Saddleridge Park Refresh 100,000 - - - - 21064 Park Water Fountain Replacement 75,000 - - - - - 21065 Irrigation System and Landscape Design 80,000 - - - - - 21066 Eaglebend Park Improvements*550,000 - - - - - GOCO $375K, TOA $175K 34041 Lee's Way Rebuild 50,000 - - - - - 34045 Recreation Trail Path Recon. - Lower Athletic Field 866,000 - - - - - Urban Renewal Fund Project 34046 Hurd Lane - Recreation Trail Reconstruction 205,000 - - - - - 34047 Eagle Valley Trail - West Reconstruction 325,000 - - - - - 21054 Wildland Fire Mitigation 40,000 40,000 40,000 40,000 40,000 40,000 21027 O'Neil Spur Park Improvements Design 25,000 - - - - - 21067 Wildridge Trail Contribution*58,245 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Total Proposed Project Budget Project #Capital Improvement Projects Budget 2024 2025 2026 2027 2028 Notes Projected New Projects for 2024: Non Discretionary NEW EV Charging Station at PD*20,000 20,000 - - - - 2024 ChargeAhead Gread NEW Art Pedestal Repairs and Solar Light Install 75,000 75,000 - - - - NEW Recreation Trail Path Recon. - WBCB to Spillway 665,138 - 60,000 605,138 - - NEW Nottingham Park Rec Trail - North 560,000 - 60,000 500,000 - - Urban Renewal Fund Project Discretionary NEW H.A.N. Irrigation System Construction*1,500,000 750,000 750,000 - - - Grant Funding - DOLA NEW West Restrooms 540,000 60,000 480,000 - - - NEW Special Events Meridian Barriers 100,000 65,238 31,520 Completed in 2023: 21053 Nottingham Park West Courts Reconstruction 1,432,523 - - - - - Streets and Parking 21057 O'Neil Spur Park Parking Lot Rebuild 150,000 - - - - - 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.200,000 - - - - - 32030 Avon Road Safety Improvements 750,000 150,000 150,000 - - - 32032 Hurd Lane Intersection Improvements 20,000 - - - - - 32035 Metcalf Road - Retaining Wall Stabilization 80,000 - - - - - 32037 W. B/C Blvd. - Concrete Repairs 200,000 - - - - - 32039 US Hwy 6 Safety and Mobility Improvements Project*4,600,000 - - - - - 32043 Upper Buck Creek Repairs / Asphalt Overlay 1,292,748 - - - - - 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay 673,474 613,474 - - - - 32045 Old Trail Road Asphalt Overlay 689,701 626,701 - - - - 32046 WBCB River Bridge Deck Repair Railing Upgrade 250,000 - - - - - 32047 Avon Road Pedestrian Crosswalk Repairs 50,000 - - - - - 33220 Annual Guard Rail Repair 40,000 40,000 40,000 40,000 40,000 40,000 34044 June Creek Emergency Access 110,000 - - - - - 79114 Schematic Design / Final Design - W. Main Street 275,000 - - - - - Urban Renewal Fund Project CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Total Proposed Project Budget Project #Capital Improvement Projects Budget 2024 2025 2026 2027 2028 Notes Projected New Projects for 2024: Non Discretionary NEW I-70 Off-ramp Streetlight Repair 50,000 50,000 - - - - NEW Town Wide Retaining Wall Structures Analysis 80,000 80,000 NEW Post Blvd. Asphalt Overlay 2,750,000 - 2,750,000 - - - NEW Swift Gulch Road - East Asphalt overlay 440,000 - - 400,000 - - NEW Avon Road Asphalt Overlay 1,558,955 - - 1,418,955 - - NEW Lake Street / Riverfront Asphalt Overlay 890,000 - 890,000 - - - NEW Wildridge Road Asphalt Overlay 2,344,000 - - - 2,344,000 - NEW WBCB - Elementary School to Lake St Asphalt Overlay 650,000 - - - 650,000 650,000 Discretionary NEW Tract A DC Fast Chargers (4)350,000 350,000 - NEW W. Main Street Mall Improvements 1,500,000 1,000,000 500,000 - - - Urban Renewal Fund Project NEW Rec Center Parking Structure Design 200,000 200,000 - - - - Urban Renewal Fund Project Completed in 2023: 31030 Mall Activation Elements 40,000 - - - - - 33221 Asphalt Seal Coat Roadway & Parking Lots 100,000 - - - - - 32033 WB B/C Blvd - US Hwy 6 to Avon Elem.1,350,043 - - - - - 32036 Fawcett Road Asphalt Overlay 440,000 - - - - - 32038 Metcalf Road Culvert Repair 493,820 - - - - - 32040 Metcalf Road Manhole Repair 14,000 - - - - - 32041 Millie's Lane Asphalt Overly 46,523 - - - - - 32042 East Beaver Creek Blvd. Repair Project 28,806 - - - - - 12006 PSF Parking Lot Canopy Design 20,000 - - - - - 12007 Wildridge Emergency Warning Siren 356,436 - - - - - 32034 Buck Creek Road Repairs 800,000 - - - - - 31031 Avon Rd./I70 Aesthetic Improvements 1,150,000 - - - - - Drainage 21029 GIS Implementation - Drainage Infrastructure Layers 125,000 - - - - - 61011 Tract A Drainage Improvements 50,000 - - - - - 61013 330 Nottingham Road Drainage Improvements 575,000 500,000 - - - - 61014 400 WBCB Drainage Improvements 575,000 500,000 - - - - New Projects for 2024: Non Discretionary NEW Nottingham Rd Basin 4 Erosion Control 400,000 400,000 - - - - NEW Puder Ditch Headgate Repair 675,000 75,000 600,000 - - - Water Fund NEW Nottingham Reservoir Repairs 100,000 100,000 - - - - CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Total Proposed Project Budget Project #Capital Improvement Projects Budget 2024 2025 2026 2027 2028 Notes Projected Completed in 2023: 21026 Nottingham Rd. Debris Flow Improvements and Water Quality 600,810 - - - - - 61015 Nottingham / Wildridge Culvert Repairs 125,000 - - - - - 61012 Nottingham-Puder Ditch Piping 1,112,597 - - - - - Water Fund Utilities 21055 Power Line Undergrounding 120,000 - - - - - Community Enhancement Fund 81011 Broadband (Connection to Thor and Avon PD)185,000 60,000 - - - - Community Enhancement Fund 81020 Surveillance NVR Server Consolidation and Replacement 32,000 - - - - - 81021 Nottingham Park Wi-Fi Access 150,000 - - - - - New Projects for 2024: Discretionary NEW Council Chambers AV Improvements 10,000 10,000 - - - - NEW Rec Center AV/WIFI upgrades 65,000 65,000 - - - - Urban Renewal Fund Project NEW Recycling Center Upgrade*110,000 110,000 - - - - Grant Funded Completed in 2023: 11019 Utility Upgrade 470,845$ -$ -$ -$ -$ -$ 81015 Finance/Comm Dev./HR ERP & HRIS Systems 275,290 - - - - - 81016 Mini-split NTH Data Center 20,000 - - - - - 81019 Microsoft Teams Phone System Migration 64,413 - - - - - Total Capital Improvement Projects 53,730,843$ 11,642,413$ 7,051,520$ 3,004,093$ 3,344,000$ 730,000$ - 2018 2019 2020 2021 2022 General Fund 6,304,042.00 8,198,535.00 10,202,887.00 14,567,561.00 20,311,855.00 Restricted For: 3% TABOR Emergency Reserve 693,001 805,865 829,650 980,080 1,101,215 Assigned For: Carryover of Fleet Purchases - - - - Unassigned: 25% Minimum Reserve Balance 4,047,947 - - - - 27% Minimum Reserve Balance - 4,272,055 4,437,574 4,742,749 5,514,002 Undesignated, Unreserved 1,563,094 3,120,615 4,935,663 8,844,732 13,696,638 Capital Projects Fund 7,940,477.00 8,722,351.00 12,101,243.00 13,714,320.00 14,018,774.00 Restricted For: Asphalt Overlay 658,421.00 658,421.00 455,210.00 451,280.00 451,280.00 Assigned For: Town-owned Properties Development Strategies Plan 2,635,081.00 - - - - Tract G/URA Projects - 337,048.00 484,108.00 1,155,610.00 1,155,610.00 Unreserved 4,646,975.00 7,726,882.00 11,161,925.00 12,107,430.00 12,411,884.00 Summary of Fund Balances Attachment B ATTACHMENT C 2023 COMPLETED CAPITAL IMPROVEMENT PROJECTS 1. Fawcett Road Street Improvements: Fawcett Road connects Post Blvd. and Yoder Ave. and is located between Traer Creek Plaza and Wal-Mart. The road surface was constructed in 2002 and is due to be resurfaced. The project includes the following: • Asphalt overlay • Sidewalk repairs • American with Disability Act Ramp replacement • Replacement of concrete at bus pullout • Removal of 25-FT of median near Walmart tire center • Fawcett Road Improvements 2. W. Beaver Creek Blvd, US6 to UPRR Railroad: The project includes the following: • Asphalt Mill and Overlay • Concrete replacement • Drainage Improvements • Water Quality Vaults Page 2 of 15 West Beaver Creek Boulevard 3. Nottingham Puder Ditch Repair. The Nottingham Puder Ditch leaked approximately 2 cubic feet per second when operating, or 357 acre-feet per year, approximately the size of Benchmark Lake in Harry A. Nottingham Park. Project cleared out beaver dams, reshaped and lined the ditch with HDPE liner. Nottingham Puder Ditch - Repair Red Segment Page 3 of 15 Lined Ditch 4. Heat Recovery and Rec Center HVAC Controls Replacement: The heat recovery system captures sewer effluent heat and transfers it to the Recreation Center pools and Town Hall HVAC system. Project replaced outdated controls with a modern system. Heat Recovery System Page 4 of 15 5. Asphalt Seal-Coat Parking Lots: All asphalt parking lots were sealed to extend the life of the asphalt pavement. Sealcoat at Town Hall Parking Lot 6. Rec Center Sauna and Steamroom Repair: The Recreation Center Sauna and steam room were repaired. Repaired Steamroom Page 5 of 15 Repaired Sauna 7. Microsoft Teams System Integration. The IT Manager completed the migration from Skype to Microsoft Teams for its telephone and video conferencing system. 8. Public Works Facilities Master Planning: The Public Works Department (Operations, Engineering, and Facilities divisions) needs to be relocated to make room for future transit expansion. This project developed space and staffing needs based on Town build-out and created a master plan for the site to accommodate these departments. Phase 1 of the project is to design and construct a Vehicle Storage Garage. Public Works Complex - Swift Gulch site Page 6 of 15 9. Avon Road Safety Improvements: A multimodal safety and operational assessment was conducted to address concerns for pedestrian safety and mobility. This project analyzed, evaluated, and recommended improvements for Avon Road. Improvement pavement markings were installed in the Avon Road Roundabout. In addition, the findings of the assessment helped garner a $366K grant to add 6 additional Flashing Beacons at Avon Road pedestrian crossings. Updated Pavement Markings Garnered CDOT Grant to Install Additional Flashing Beacons Page 7 of 15 ACTIVE AND ROLLOVER 2023 CAPITAL IMPROVEMENT PROJECTS The Engineering, Facilities, and Operations Team continues to manage the below projects. 1. US6 Safety and Mobility Improvements Project (US 6 Ped Crossings): The Safety and Mobility Improvements Project includes a roundabout at the Stonebridge and US6 intersection and 3 pedestrian crossings across US6. In Jan 2023, at 80-90% design, Colorado Department of Transportation (CDOT) identified several unacceptable design features due to their safety concerns (circulating roadway grade, proximity of a private fence, size of the roundabout, crosswalk location). After many months of coordination, collaboration, site visits, and redesign, CDOT proposed a traffic signal at Stonebridge/US6 to enable a pedestrian crossing. The other three crossings will be permitted to have refuge medians, but pedestrian pavement markings and flashing beacons will not be permitted at this time. Staff are working on a scope of work with the vision to create a boulevard feel on US6 that may slow the prevailing traveling speed to allow pavement markings and flashing beacons in the future. Four hundred and fifty thousand dollars ($450K) of the $3.5M budget (3,000,000 CDOT grant, $200,000 Eagle County Contribution, $300,000 Avon Contribution) have been expensed. Figure 1US6 Safety and Mobility Improvements - Ped Crossings and Stonebridge Roundabout Page 8 of 15 2. Harry A. Nottingham Park Path Replacement. This project replaces the path on the west side of Harry A. Nottingham Park from the dam to the pickleball courts and extends a new path between the railroad tracks and the Avon Water Treatment Plant. The project is 90% design and scheduled to be solicited in Oct 2023 for construction in 2024. Figure 2Recreation Trail Replacement and Connector 3. Recreation Trail Reconstruction – Hurd Lane and Eagle Valley Trail West: The reconstruction of recreation trails project received no bids in a Spring 2023 solicitation. The scope of work was reduced to focus on the worst sections of the trail (tree root upheavals and wide cracks) and is being solicited for bids currently. We are hopeful improvements can be made this fall. Hurd Lane and Eagle Valley Trail West Recreation Trails Page 9 of 15 4. Flood Mitigation Improvements: The steep hillside north of Nottingham Rd is prone to debris flow flooding. Mitigation strategies to reduce the impact of heavy rainfall events include: 1. Mapping and cataloging the Town’s drainage infrastructure will allow staff to assess the condition of infrastructure, track maintenance activities, and recommend future improvements. The system mapping and cataloging is in progress. 2. Assessing the existing drainage pipe infrastructure and developing surface routes when feasible, rather than pipes, to reduce the risk of clogging and subsequent property damage. 3. Continue to develop regional mitigation measures along Nottingham Road, Swift Gulch Road, and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. Additional drainage easements on private property will likely be required depending on final project designs. 4. Continue to pursue flood mitigation grants. Future projects include improved drainage facilities and flood mitigation measures located near 540 Nottingham Road, 330 Nottingham Road adjacent to Sonnen Halde condominiums, and 400 West Beaver Creek Blvd adjacent to Beaver Bench/Beaver Creek West condominiums. The 5-year Capital Program includes $500,000 for each project in 2024 to implement drainage improvements. This is a placeholder and will be further refined during the development of the projects and the grant application process. Page 10 of 15 • Basin 5: Erosion Controls were implemented in 2020. o Energy Diversion Wall and Erosion Control FlexaMats • Basin 7 and 8: o Public and Private Improvements needed o Pursuing FEMA Grant • Basin 4: 540 Nottingham Road o Detention Ponds o Weirs o Erosion Control FlexaMats • Basin 3: Design needed. Flood Mitigation Project Locations Unfortunately, the Sonnen Halde and Beaver Bench Flood Mitigation projects were not awarded FEMA grants for 2023. Staff are continuing to pursue grant opportunities; however, eligibility for federal funds is very limited for projects that benefit a small number of properties and structures. In 2024, $400K is requested to construct erosion control measures for the Basin 4 discharge point located at 540 Nottingham Road. Page 11 of 15 Basin 4 Erosion Control Design Page 12 of 15 5. Fleet Roof Replacement: The Fleet Roof is 26 years old and at the end of its useful life. The project will replace the roof membrane with a new membrane extending the life another 25 years. The installation of solar photovoltaic panels will be included in the project since the building is south-facing and has excellent solar exposure. The project budget is $340,000 for the membrane and $100,000 for the solar panels. Fleet Maintenance Facility Figure 3Proposed Solar Panels Page 13 of 15 6. Nottingham Park Wi-Fi. The CASE and IT Manager researched and will complete the installation of equipment to provide Wi-Fi on the east side of Harry A. Nottingham Park for Town Operations and to support special events operations. The 2nd phase, providing Wi-Fi to the rest of the park, will be completed in 2024. 7. Avon Regional Transit Facility Maintenance Program: The Avon Regional Transit Facility is 10 years old and requires maintenance to ensure the building is operated efficiently. Proposed projects include reconstruction of the overhead doors, upgrade of the heating, ventilation, and air condition building automation system, and drainage improvements at the bus wash exit. The total budget for the three projects is $395,600. Asphalt Pavement Repair Page 14 of 15 8. Saddleridge and Eaglebend Park Improvements: The Saddleridge and Eaglebend Parks are over 20 years old and are due to be renovated. a. Saddleridge Pocket Park: i. Built in the early ’90s; Playground and Basketball Court ii. Project budget is $25,000 in 2023 for design (Rollover) b. Eaglebend Park: The Town garnered $375.000 from Great Outdoors Colorado (GOCO). Design will begin soon. i. Built in 2000. New Playground Equipment ii. McGrady Acres is contributing $100,000 iii. Total Project Budget: $595,000 ($550,000 – CIP) 1. GOCO Grant: $375,000 2. Local Match – Town of Avon: $175,000 3. In-kind services/time - $45,000 Saddleridge Pocket Park Page 15 of 15 Eaglebend Park 9. La Zona, formerly the Main Street Mall Extension: The La Zona project, formerly called the Main Street Mall Extension, involves planning for redevelopment of the former fire station site, recreation center, and extension of the Main Street Mall to Lake Street. The budget includes $175,000 for planning and design in 2023. Main Street Mall ATTACHMENT D NEW CAPITAL IMPROVEMENT PROJECTS FACILITIES – NON-DISCRETIONARY 1. IT Office Expansion - $30,000: The IT Department is expanding from two staff to three staff. Currently, the two staff share an office room on the 2nd Flr. The Office Space needs to expand into the adjacent office and new furniture is needed. The existing IT furniture was from the old Town Hall and is not sized and efficient for the modern design. Town Hall - 2nd Floor Plan 2. Nottingham Lake Swim Anchors - $30,000: Additional commercial concrete anchors (4) are needed for the swim lane buoys. The existing ad hoc buoys are not safe. They are an entanglement danger because multiple concrete buckets are needed at one spot to hold down the swim lane buoys. Ad Hoc Anchors Commercial Anchors Page 2 of 18 3. Fleet Vehicle Lifts Repair - $320,000: The project will replace the Fleet’s scissor lift and add 4 Heavy Duty Portable Lifts. The current lifts are original to the building which was constructed in 1999 (24 years old) and has exceeded its service life. CDOT Transit grant was garnered to fund 80% of the project (CDOT- $256,000; Town local Match - $64,000. Out of Service Life and Broken Lifts Example of an In-Ground Lift Page 3 of 18 4. Public Safety Facility (Police Department) HVAC BAS & Security System Upgrade - $230,000: The Public Safety Building is over 10 years old. The HVAC (Heating, Ventilation Air Conditioning) system requires an upgrade to their Controller (BAS – Building Automation System). The Security System also requires an upgrade. Public Safety Building (Police Department) 5. Public Works Annex Roof (Wildridge): $40,000: The original roof’s membrane is 40 years old and requires replacement. Public Works Annex (Wildridge) Page 4 of 18 FACILITIES – DISCRETIONARY 1. Public Works (PW) Vehicle Storage “Garage” - $3,500,000: A Vehicle and Equipment Garage is greatly needed for staff safety and equipment preservation. Currently, snow plows are parked in the Avon Regional Transportation Facility (ARTF) when space is available. With the growth of the newly formed Eagle Valley Transportation Authority and its expected growth in service, the Federally funded ARTF has to support Transportation. The Garage will keep staff and equipment out of the elements as they prepare for snow removal operations that regularly begin at 3 am. Public Works Complex Master Planning Proposed Public Works Garage (Phase I) Page 5 of 18 2. Demolition of Facilities Modular Bldg and the Relocation of the Facilities Staff- $150,000: The 30-year Modular Building will need to be removed/demolished before the construction of the PW Garage. Utilities will need to be relocated. In addition, the Facilities Staff will operate temporarily out of the Old Fire Station. Facilities Modular Building 3. Additional Lighting and Signage for Stage - $50,000: The Town desires to install additional lighting at the Stage. Additional Stage Lighting and Sign Page 6 of 18 4. Replace Pool area lights to LED - $100,000: The Recreation Center Natatorium lighting will be the last interior LED lighting conversion project for the Town Recreation Center Natatorium 5. Fitness Court Removal Design - $35,000: The Town desires to remove the seldom-used Fitness Court and construct a Picnic Pavilion for the Community. Figure 1Fitness Court Page 7 of 18 6. Improve Access/Rec Center rear entrance - $150,000: The Maintenance Staff use the rear entrance at the Rec Center. The rear entrance driveway is steep and does not provide a safe path back up a truck to the back door. The project will widen the driveway and add railings. Lower Mechanical Room Access and Upper Rear Door Access Steep Driveway Page 8 of 18 7. Recreation Center Expansion (Design) - $1,100,000: The Town desires to update and Expand the popular Recreation Center. Conceptual Design is complete. The next phase will design project which will include: • Expanded fitness, multi-use child watch & admin offices- Planning Estimate - $8,783,000 • New spa addition – Planning Estimate - $2,321,000 • Planning estimate for the total project - $11,104,000 Conceptual Design for Rec Center Expansion 8. Recreation Center Building Key Card Access - $50,000: The Recreation Center is still using hard Keys for Access. A key card access system is more secure. Adding the Recreation Center to the Town’s Key Card Access system will enhance efficiency and security. 9. Recreation Center 8 additional new cameras - $25,000: The Recreation Center desires to add 8 additional new cameras to cover blind spots. The project will enhance security. Page 9 of 18 10. Planning West Parking Lot Area – Old Town Hall - $50,000: There’s a desire for an evaluation of the use and layout of the West Parking Lot Area. This project will initiate a needs and usage assessment. West Parking Lot Area 11. Rec Center Furniture - $15,000: The Rec Center desires to remove the seldom-use climbing wall and add additional furniture to create more gathering space. Rec Center Climbing Wall Page 10 of 18 12. Monument Signs for Pocket Parks (3) - $75,000: The Town desires to standardize signage at Town Parks. Monument signs would be added to the O’Neal Spur Park, Saddleridge Pocket Park, and Eaglebend Pocket Park. PARKS AND OPEN SPACE – NON-DISCRETIONARY 1. EV Charging Station at PD - $20,000: With the addition of Electric Vehicles to the Police Fleet, an EV Charging Station should be located at the Public Safety Building for efficiency. Otherwise, they will have to charge at the Town Hall, Swift Gulch, or at home. 2. Art Pedestal Repairs and Solar Light Install - $75,000: Art pedestal around town requires maintenance and repair. The addition of solar lights would enhance the art. Maintain Art Pedestal and add up lighting Page 11 of 18 PARKS AND OPEN SPACE – DISCRETIONARY 1. Harry A. Nottingham Irrigation System Replacement - $1,500,000 (2024 - $750,000; 2025 - $750,000): The antiquated Irrigation system has had 11 mainline breaks in 2023. The design for the replacement will begin soon. This project will construct the new irrigation system in two phases. Figure 2 GIS Layer - Avon Irrigation System 2. West Avon Restrooms - $540,000 (2024 – $60,00;2025 - $480,00): The Town desires to construct Bathrooms by the Outdoor Sports Courts. Design may begin in 2024 with construction in 2025. West Restrooms - Play Courts Page 12 of 18 3. Special Events Meridian Barriers - $100,000 ($65,238 – 2024; $31,520 – 2025): The Police Department and Special Events desire to purchase Meridian Barriers for security management at large events. The Town of Vail has successfully incorporated them into its Crowd Management Program. The proposal is to purchase four (4) barriers and the trailer in 2024 and purchase four (4) more barriers in 2025 Meridian Barriers STREETS AND PARKING – NON-DISCRETIONARY 1. I-70 off-ramp Streetlight Repair - $50,000: The maintenance and repair of the I-70 off-ramp streetlights is the responsibility of the Town of Avon. The streetlights are readily damaged. Instead of running light to light, the repair will move the lights 20ft away from the road and run it from the junction box (blue dot) to the second junction box near RA1. Currently, it has 2 known defective wires that have been repaired. Staff would like to move the conduit 20ft from the road so that we avoid all CDOT signage. I-70 Off-Ramp Streetlight Repair Page 13 of 18 1. Town-wide Retaining Wall Structures Analysis - $80,000: The Town’s many retaining walls are deteriorating. This project will assess the stability of the Town retaining walls and provide recommendations for repair and maintenance. Nottingham Rd Retaining Wall STREETS AND PARKING – DISCRETIONARY 1. Tract A DC Fast Chargers (4) - $350,000: In support of Avon’s Sustainability Goals, this project installs four DC Fast Charge at Tract A. Tract A - By Sun and Ski Page 14 of 18 2. W. Main Street mall Improvements - $1,500,000 ($1M – 2024; $500K-2025): This Project will design and implement the recommendations from the La Zona Pedestrian Mall Study. 3. Rec Center Parking Structure Design - $200,000: The Recreation Center does not have sufficient parking spaces during peak times and desires to provide additional parking spaces with a parking structure. The availability of land is limited. The likely option is to build up for additional parking spaces. A Concept for a Rec Center Parking Structure Page 15 of 18 DRAINAGE – NON-DISCRETIONARY 1. Nottingham Rd Basin 4 Erosion Control - $400,000: Improvements are needed to mitigate debris flow flooding. Improvements include: Detention Ponds, Weirs, and Erosion Control FlexaMats Basin 4: Erosion Control Design Page 16 of 18 2. Nottingham-Puder Ditch Headgate Repair - $675,000 (2024 - $75,000: 2025 - $600,000): During low flows in the Eagle River flows, the crumbling diversion wall does not direct sufficient water into the Nottingham-Puder ditch to supply irrigation water. The project will repair the diversion wall. Headgate Diversion Structure Diversion Wall Repair Page 17 of 18 3. Nottingham Reservoir Repairs - $100,000: From the Office of the State Engineer, the Dam Safety Inspection observed seepage at the toe of the dam in the area of the historic natural stream channel and recommended a permanent flow meter to be installed to collect and accurately measure seepage flows. Nottingham Reservoir Repairs Page 18 of 18 UTILITIES – DISCRETIONARY 1. Council Chambers AV Improvements - $10,000: The COMDEV Department desires to improve the audio-visual system in the Council Chambers. The plug-n-play audio/visual setup will support hybrid meetings without using TV5 staff and equipment. 2. Rec Center AV/WIFI Upgrades - $65,000: The Rec Center desires to upgrade its audio-visual Equipment and provide /WIFI to patrons. WIFI available has become an expected amenity for many community facilities such as Recreation Centers. 3. Recycling Center Upgrade - $110,000: The Sustainability department continues to pursue grants for a Styrofoam Condenser to be located at the Recycling Center. In addition, Eagle County will provide a cardboard compactor at the Recycling Center. This project will provide the power needed by the two new equipment. Recycling Center Upgrade 970-748-4055 swright@avon.org TO: Honorable Mayor Phillips and Council members FROM: Paul Redmond, Incoming Finance Director RE: 2023 Supplemental Budget Amendment, Resolution 23-17 DATE: August 31, 2023 SUMMARY: This report presents the second supplement budget amendment for 2023. The Town of Avon’s financial practice is to consider amendments to the 2023 Budget in order to update beginning fund balance estimates and generally recognize revisions to the Budget that were not identified at the time the Budget was originally adopted. Resolution 23-17 amends the General Fund, Community Housing Fund, Water Fund, Mobility Fund, Fleet Maintenance Fund, Equipment Replacement Fund, and Capital Projects Fund. FINANCIAL CONSIDERATIONS: Below is a summary of the proposed budget revisions and the estimated impacts to fund balances. General Fund Expenses: A total increase of $368,025 is proposed to the General Fund to implement pending programs, respond to changed circumstances, and include expenditures which were not identified and included during the 2023 Budget process last fall. The following are proposed revisions to expenditure appropriations in the General Fund: 1. Senior Engineers: Increase of $57,750 for the addition of Two Senior Engineers. The search for the new Town Engineer resulted in two highly qualified licensed Engineers. The hiring of two engineers in lieu of replacing the Town Engineer position is preferred to bring on additional engineering support. The Public Works Director is qualified to assume the authority of the Town Engineer. 2. Code Enforcement Officers: Increase of $84,837 for the two Code Enforcement Officer positions. The two Code Enforcement Officers positions have been filled and they started their training in August. 3. T2 Parking System: Increase of $67,300 for the purchase of the Parking Management Software. This includes the T2 Parking System, training and installation to include 2 handheld LPRs. LPR equipment and installation into one vehicle. 4. Gas Utility Charges: Increase of $47,750 for the unexpected jump in utility gas prices. The January charges from Amerigas were significantly more than budgeted or expected. Rates in in previous years fluctuated between $4 and $8.5/dekatherm. Due to a number of regional factors, rates jumped to $49.57 in January. These charges were reviewed by the Town Attorney who determined the Town was obligated to pay this charge. We have since terminated our partial natural gas service with Amerigas and consolidated our natural gas service with Xcel Energy which we expect will not impose this type of extraordinary price increase. 5. Analog Telephone Expense: Allocated $41,027 of previously approved Analog Telephone Expense to the individual Departments and Funds. 6. Night of Excellence: Increase of $2,000 for the sponsorship of the Police Night of Excellence event. 7. Key to the City: Increase of $7,158 for design and production of the “Key to the City” and the $5,000 community partnership contribution for the 2023 Mikaela Celebration. 970-748-4055 swright@avon.org 8. Police Training Vehicle: Increase of $50,288 for a new ID.4. The new ID.4 would replace the 2009 Ford Escape, that is currently being used for commute to Carbondale daily for the training of the new Code Enforcement Officers. 9. Climate Solutions Summit Contribution: Increase of $25,000 for the Host Community Partnership MT2030 Climate Solutions Summit. 10. Salute to the USA: Increase of $4,310 for the Town Employees (92) and Volunteers (23) who helped support the Salute to the USA. 11. Public Works Vehicle: Increase of $2,793 for actual cost of a new ID.4. The new vehicle would be shared between several Staff; the Admin Coordinator, GIS Coordinator and Engineers. 12. Education Foundation: Increase of $1,000 for the contribution to the Education Foundation for Eagle County. 13. Police Professional Development: Increase of $10,821 for Professional Development as Police received the I-70/POST Grant. The professional development will include Explosive Breaching Training, SWAT Training, Service/Crisis Intervention Training and SniperCraft’s Training. 14. IT Help Desk Technician: Increase of $32,674 for an additional IT Help Deck Technician. General Fund Revenue Increases: The following are proposed revisions to revenue estimates: • Increase of $10,821 for the receipt of the Colorado POST Grant. • Increase of $18,077 for Special Events revenues. This was largely due to the increased Concession Sales of $23,000 from the Salute to the USA event. The revised 2023 ending fund balance of the General Fund reports a total of $18,838,373. A reserve of 27% is $7,197,483, the 3% TABOR emergency reserve is $980,080, and the remaining amount of $10,660,810 is undesignated and unreserved and can be used for any legal purpose. Capital Projects Fund: The changes to the Capital Project Fund are as follows: • Net additions to project budgets totaling $514,736. One of these project budget increases have previously been approved by Council include the New Town Hall 2nd and 3rd Floor Updates ($11,491). • Other project budget increases include the following: o $80,000 for the Irrigation Replacement Design Project. Previously, Council approved the Colorado Water Conservation Board Grant of $60,000 for the funding of this project. The Town match is $20,000. o $550,000 for the Eaglebend Park Improvement (which is matched with an approved $375,000 grant from Great Outdoors Colorado). o $75,000 for the Facilities Reserve Study. o $58,245 for the Metcalf Creek Rd USFS #779 Improvements. o $125,000 Nottingham/Wildridge Culvert Repairs. o $30,000 Expansion of the IT Office to include an additional Help Desk Technician. • Projects that were cancelled or otherwise reduced include the following: o Asphalt Seal Coat Roadway and Parking lots were reduced by $385,000. The following are proposed revisions to revenue estimates: 970-748-4055 swright@avon.org • Added the Colorado Parks and Wildlife Grant for $39,745 and $3,500 Community Donation for the Metcalf Creek Rd USFS #779 Improvements. • Added GOCO Grant of $375,000 for the Eaglebend Park Improvements. The revised 2023 ending fund balance of the Capital Projects Fund shows a total of $1,703,167. Of this amount, $451,280 is reserved for asphalt overlay projects in the Village at Avon, $844,108 is reserved for Tract G/Avon Urban Renewal Authority Projects projects. The remaining amount of $407,779 can be used for capital improvements as defined by the municipal code and up to 10% of real estate transfer tax revenues can be transferred to the Community Housing Fund. Staff has not revised our projections for real estate transfer taxes for 2023. However, staff expects to see significant revenues from the units being sold at Frontgate. We will continue to evaluate these revenues are make any recommended revisions later in the year. Mobility Fund: Revisions to the Mobility Fund include the following items: • Increase of $40,400 for utility gas expense. This was a result of the unexpected jump in utility gas prices in the months of January and February. • New Horizon Analog phones allocation of $9,822 Projected ending fund balance for 2023 is $648,832. Fleet Maintenance Fund: Revisions to Fleet Maintenance include the following: • Repair expenses provided by 3rd parties were increased by $55,000 which resulted in 3rd party revenues increasing by $68,750. Vehicle repairs provided by 3rd parties are billed out at 125% of costs incurred. • A $11,550 increase in the utility gas expense. This was a result of the unexpected jump in utility gas prices in the months of January and February. The Fleet Maintenance Fund reports a revised 2023 ending fund balance of $488,398. Equipment Replacement Fund: Revisions to the Equipment Replacement Fund include the following items: • Increase of $1,365 for the replacement of a broken axis camera at the Public Safety Facility. • Increase of $27,907 to replace the existing heat recovery industrial network switches. The replacement enables communication with upgraded Recreation Center building automation system. The Equipment Replacement Fund reports a revised 2023 beginning fund balance of $4,219,735 which is an increase of $152,819 from the original budget and a revised 2023 ending fund balance of $3,693,605. Paper Bag Fee Fund: Revisions to the Paper Bag Fee Fund include the following: • Increase of $53,000 for the purchase of 60 Bearsaver ($45,000) bins and Avon-Branded Recycle Bins with a handle ($8,000). • Increase of $4,000 for the promotional materials for the new Recycling Ordnance. • Increase of $8,000 to host Open Houses for public education training about the upcoming Recycling Ordinance. 970-748-4055 swright@avon.org The Paper Bag Fee Fund reports a revised 2023 ending fund balance of $82,602. Water Fund: Revisions to the Water Fund include the following: •Increase of $2,500 for the sponsorship at the Colorado Water Assembly in 2023. The Water Fund reports a revised 2023 beginning fund balance of $1,008,884 which is an increase of $83,8364 from the 2023 Supplemental Budget Amendment #1 a revised 2023 ending fund balance of $473,068. PROPOSED MOTION: "I move to approve Resolution No. 23-17, A Resolution Amending the 2023 Town of Avon Budget." Thank you, Paul ATTACHMENTS: Attachment A Resolution No. 2023-17 Attachment B General Fund Amendment #2 Attachment C Capital Projects Fund Amendment #2 Attachment D Mobility Fund Amendment #2 Attachment E Fleet Maintenance Fund Amendment #2 Attachment F Equipment Replacement Fund Amendment #2 Attachment G Paper Bag Fee Fund Amendment #2 Attachment H Water Fund Amendment #2 Res. No. 23-17 September 12, 2023 Page 1 of 3 TOWN OF AVON, COLORADO RESOLUTION NO. 23-17 A RESOLUTION TO AMEND THE 2023 TOWN OF AVON BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2023 budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2023; and WHEREAS, the Town Council finds it necessary to amend the 2023 budget to more accurately reflect the revenues and expenditures for 2023; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2023: Original or Previously Amended 2023 Budget Current Proposed Amended 2023 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 20,670,237 24,796,582 26,260,421 $ 20,670,237 24,825,480 25,157,344 Ending Fund Balance $ 19,206,398 $ 18,838,047 Attachment A Res. No. 23-17 September 12, 2023 Page 2 of 3 Original or Previously Amended 2023 Budget Current Proposed Amended 2023 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 14,190,357 10,269,085 22,458,201 $ 2,001,241 $ 14,018,774 10,687,330 23,002,937 $ 1,703,167 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 925,520 762,000 1,295,316 $ 392,204 $ 1,008,884 762,000 1,297,816 $ 473,068 Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 167,988 55,000 75,407 $ 147,581 $ 168,009 55,000 140,407 $ 82,602 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 429,071 2,974,280 3,000,082 $ 403,269 $ 512,200 3,043,030 3,066,632 $ 488,598 Mobility Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,098,870 3,097,344 3,780,660 $ 415,554 $ 1,382,370 3,097,344 3,830,882 $ 648,832 Res. No. 23-17 September 12, 2023 Page 3 of 3 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2023 Budget $ 4,219,735 1,989,757 2,512,988 Current Proposed Amended 2023 Budget $ 4,219,735 1,989,757 2,542,260 Ending Fund Balance $ 3,684,928 $ 3,693,605 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 12th September, 2023. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase 2022 2023 2023 2023 (Decrease) REVENUES Taxes 20,200,018$ 19,802,741$ 19,802,741$ 19,802,741$ -$ Licenses and Permits 1,506,307 378,450 378,450 378,450 - Intergovernmental 1,336,937 1,254,455 1,277,425 1,288,246 10,821 Charges for Services 2,449,480 1,775,293 1,760,293 1,778,370 18,077 Fines and Forfeitures 28,191 38,700 38,700 38,700 - Investment Earnings 557,726 480,000 480,000 480,000 - Other Revenue 486,654 458,500 458,500 458,500 - Total Operating Revenues 26,565,313 24,188,139 24,196,109 24,225,007 28,898 Other Sources Transfer-In From Capital Projects Fund 494,593 600,473 600,473 600,473 - Total Other Sources 494,593 600,473 600,473 600,473 - TOTAL REVENUES 27,059,906$ 24,788,612$ 24,796,582$ 24,825,480$ 28,898$ EXPENDITURES General Government, HR and Finance 5,530,992$ 6,911,320$ 7,299,907$ 7,322,086$ 22,179$ Community Development 624,153 1,100,608 1,041,531 994,036 (47,495) Public Safety 4,844,069 5,177,982 5,303,412 5,516,658 213,246 Public Works 5,830,958 8,169,475 8,357,185 8,556,003 198,818 Recreation 1,992,058 2,692,863 2,758,386 2,768,561 10,175 Total Operating Expenditures 18,822,230 24,052,248 24,760,421 25,157,344 396,923 Other Uses Transfers-Out to Capital Projects Fund 535,000 ---- Transfers-Out to Mobility Fund 1,300,000 1,300,000 1,300,000 1,300,000 - Transfers-Out to Fleet Maintenance Fund 300,000 200,000 200,000 200,000 - Total Other Uses 2,135,000 1,500,000 1,500,000 1,500,000 - TOTAL EXPENDITURES 20,957,230 25,552,248 26,260,421 26,657,344 396,923 NET SOURCE (USE) OF FUNDS 6,102,676 (763,636) (1,463,839) (1,831,864) (368,025) FUND BALANCES, Beginning of Year 14,567,561 17,404,663 20,670,237 20,670,237 - FUND BALANCES, End of Year 20,670,237$ 16,641,027$ 19,206,398$ 18,838,373$ (368,025)$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 980,080$ 980,080$ 980,080$ 980,080$ -$ Assigned For: Carryover of Fleet Purchases 846,673 ---- Unassigned: 27% Minimum Reserve Balance 5,514,002 6,899,107 7,090,314 7,197,483 107,169 Undesignated, Unreserved 13,329,482 8,761,840 11,136,004 10,660,810 (475,195) TOTAL FUND BALANCES 20,670,237$ 16,641,027$ 19,206,398$ 18,838,373$ (368,025)$ Fund Summary General Fund #10 Supplemental Amendment #2 Attachment B Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2022 2023 2023 2023 (Decrease) Taxes: General Property Tax 2,107,961$ 2,083,188$ 2,083,188$ 2,083,188$ -$ General Property Tax - Delinquencies 8 500 500 500 - General Property Tax - Interest 2,391 1,900 1,900 1,900 - General Property Tax - Abatements (913) - - - - Specific Ownership Tax 130,200 130,000 130,000 130,000 - Sales Tax 13,186,146 12,730,885 12,730,885 12,730,885 - Utility Tax 139,369 120,000 120,000 120,000 - Accommodation Tax 2,494,450 2,671,268 2,671,268 2,671,268 - Penalties and Interest 60,444 50,000 50,000 50,000 - Sales Tax Audit Assessments 4,918 50,000 50,000 50,000 - VAA Retail Sales Fee 990,605 950,000 950,000 950,000 - Cigarette Excise Tax 247,799 245,000 245,000 245,000 - Tobacco Add-on Sales Tax 348,917 330,000 330,000 330,000 - Franchise Fees 487,723 440,000 440,000 440,000 - Total Taxes 20,200,018 19,802,741 19,802,741 19,802,741 - Licenses and Permits: Liquor Licenses 6,130 8,300 8,300 8,300 - Business Licenses 177,275 150,000 150,000 150,000 - Contractor's Licenses 21,305 18,625 18,625 18,625 - Tobacco/Cigarette Licenses 1,250 1,750 1,750 1,750 - Booting/Towing Licenses 300 600 600 600 - Building Permits 1,234,979 190,000 190,000 190,000 - Road Cut Permits 64,893 9,000 9,000 9,000 - Mobile Vendor Cart Permits 175 175 175 175 - Total Licenses and Permits 1,506,307 378,450 378,450 378,450 - Intergovernmental: Federal Grants: Click It or Ticket - 3,000 3,000 3,000 - Ballistic Vests Grant 2,135 2,000 2,000 2,000 - State Grants LEAF Grant 12,148 12,500 12,500 12,500 - High Visibility Grant 19,820 20,000 20,000 20,000 - Colorado POST Grants 43,943 20,000 20,000 30,821 10,821 DOLA Grants 15,167 - - - - Other State Grants 69,294 - 22,970 22,970 - Local Government/Other Agency Other Local Grants 1,307 - - - - Revenue Detail General Fund Supplemental Amendment #2 Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2022 2023 2023 2023 (Decrease) Revenue Detail General Fund Supplemental Amendment #2 State/County Shared Revenue: Conservation Trust 78,579 80,000 80,000 80,000 - Motor Vehicle Registration 26,063 26,000 26,000 26,000 - Highway User's Tax 197,952 191,805 191,805 191,805 - County Sales Tax 712,987 746,750 746,750 746,750 - Road & Bridge Fund 155,135 150,000 150,000 150,000 - State Severance Tax 2,407 2,400 2,400 2,400 - Total Intergovernmental 1,336,937 1,254,455 1,277,425 1,288,246 10,821 Charges for Services: General Government: Photocopying Charges - 100 100 100 - License Hearing Fees - 100 100 100 - Other Fees and Charges 1,035 3,500 3,500 3,500 - Credit Card and Paper Filing Fees 3,501 2,500 2,500 2,500 - Community Development: Plan Check Fees 796,625 120,000 120,000 120,000 - Development Review Fees 20,355 15,000 15,000 15,000 - Animal Control Fees - 150 150 150 - Fire Impact Fee Administration Fees 10,428 1,500 1,500 1,500 - Public Safety: Police Reports 798 1,000 1,000 1,000 - Police Extra Duty 16,911 25,000 25,000 25,000 - Fingerprinting Fees 930 500 500 500 - VIN Inspection Fees 1,695 2,000 2,000 2,000 - False Alarm Fees/Misc Police Dept Fees 25 75 75 75 - DUI Reimbursement 9,620 15,000 15,000 15,000 - Avon Recreation Center: Admission Fees 1,159,001 1,100,000 1,100,000 1,100,000 - Program Fees 23,638 30,000 30,000 30,000 - Facility Rentals 18,904 4,000 4,000 4,000 - Merchandise Sales 6,012 10,000 10,000 10,000 - Other Recreation Services 8,802 8,600 8,600 8,600 - Fitness Program Revenues 46,094 40,000 40,000 40,000 - Swim Team Revenue 47,877 55,000 55,000 55,000 - Private Lessons 14,943 30,000 30,000 30,000 - Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2022 2023 2023 2023 (Decrease) Revenue Detail General Fund Supplemental Amendment #2 General Recreation: Adult Program Revenues 10,950 11,000 11,000 11,000 - Cabin Equipment Rentals 35,976 50,000 50,000 50,000 - Athletic Field Rentals 500 240 240 240 - Cabin Concessions - 700 700 700 - Youth Program Revenues 129,331 165,000 150,000 150,000 - Special Events: Consession Sales 65,092 55,828 55,828 78,828 23,000 Sponsorships - 10,000 10,000 - (10,000) Special Event Fees 13,780 13,500 13,500 15,800 2,300 Special Event Admission Fees 2,637 3,000 3,000 2,791 (209) Pavillion Rentals 4,020 2,000 2,000 4,986 2,986 Total Charges for Services 2,449,480 1,775,293 1,760,293 1,778,370 18,077 Fines and Forfeitures: Court Fines - Traffic 21,531 23,000 23,000 23,000 - Court Fines - Criminal 1,980 6,500 6,500 6,500 - Court Fines - Parking 2,520 3,000 3,000 3,000 - Court Costs 550 3,000 3,000 3,000 - Jury Fees - 100 100 100 - Bond Forfeitures - 100 100 100 - Police Training Surcharge 1,610 3,000 3,000 3,000 - Total Fines and Forfeitures 28,191 38,700 38,700 38,700 - Investment Earnings: 557,726 480,000 480,000 480,000 - Other Revenues: Recreational Amenity Fees 335,325 330,000 330,000 330,000 - Lease of Town-Owned Property 4,617 3,500 3,500 3,500 - Miscellaneous Nonclassified Revenues 146,712 125,000 125,000 125,000 - Total Other Revenues 486,654 458,500 458,500 458,500 - TOTAL REVENUES 26,565,313$ 24,188,139$ 24,196,109$ 24,225,007$ 28,898$ Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2022 2023 2023 2023 (Decrease) General Government: Mayor and Town Council 282,902$ 285,244$ 286,744$ 286,744$-$ Town Attorney 157,152 245,000 245,000 245,000 - Town Clerk 32,592 162,701 168,801 168,801 - Municipal Court 197,876 228,333 235,999 235,999 - Administrative Services 693,057 831,640 853,536 833,694 (19,842) Community Relations 264,658 349,766 355,857 355,857 - Economic Development 159,981 282,170 433,770 465,770 32,000 Special Events 1,003,545 1,247,371 1,259,666 1,277,040 17,374 Community Grants 96,950 120,250 120,250 121,250 1,000 Sustainability -191,212 263,926 263,926 - Subtotal General Government 2,888,713 3,943,687 4,223,549 4,254,081 30,532 Human Resources: Human Resources 715,513 596,534 660,988 660,988 - Finance and Information Technology: Finance 992,791 1,213,846 1,242,371 1,242,371 - Information Systems 519,277 612,770 627,244 659,918 32,674 Nondepartmental 414,698 544,483 545,755 504,728 (41,027) Subtotal Finance and IT 1,926,766 2,371,099 2,415,370 2,407,017 (8,353) Total General Government, HR and Finance 5,530,992 6,911,320 7,299,907 7,322,086 22,179 Community Development: Planning and Zoning Commission 11,047 17,093 17,093 17,093 - Planning 389,573 580,727 511,643 511,643 - Building Inspection 223,533 502,788 512,795 465,300 (47,495) Total Community Development 624,153 1,100,608 1,041,531 994,036 (47,495) ... . Police Department: Administration 925,081 998,762 1,019,027 1,019,027 - Patrol 3,602,828 3,865,033 3,963,413 4,024,522 61,109 Investigations 316,160 314,187 320,972 320,972 - Code Enforcement ---152,137 152,137 Total Police Department 4,844,069 5,177,982 5,303,412 5,516,658 213,246 Department Expenditure Summaries MUNICIPAL SERVICES General Fund Supplemental Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2022 2023 2023 2023 (Decrease) Department Expenditure Summaries MUNICIPAL SERVICES General Fund Public Operations: Administration 10,465 355,469 366,616 416,904 50,288 Engineering 423,378 758,538 772,917 872,667 99,750 Roads and Bridges 2,909,455 3,986,003 4,032,120 4,013,850 (18,270) Parks 815,894 1,040,806 1,132,102 1,132,102 - Buildings and Facilities 1,671,766 2,028,659 2,053,430 2,120,480 67,050 Total Public Works Department 5,830,958 8,169,475 8,357,185 8,556,003 198,818 Recreation Department: Administration 266,149 237,923 241,941 252,116 10,175 Adult Programs 28,341 63,249 64,640 64,640 - Aquatics 626,285 905,307 927,437 927,437 - Fitness 234,453 310,386 314,107 314,107 - Guest Services 509,083 594,290 607,987 607,987 - Youth Programs 132,811 358,698 374,486 374,486 - Communtiy Swim Program 194,936 223,010 227,788 227,788 - Total Recreation 1,992,058 2,692,863 2,758,386 2,768,561 10,175 TOTAL OPERATING EXPENDITURES 18,822,230$ 24,052,248$ 24,760,421$ 25,157,344$ 396,923$ Fund Summary Original Amended Amended Difference Audited Budget Budget #1 Budget #2 Increase 2022 2023 2023 2023 (Decrease) REVENUES Taxes 5,971,192$ 4,500,000$ 4,500,000$ 4,500,000$ -$ Intergovernmental 45,000 2,200,000 3,260,000 3,674,745 414,745 Investment Earnings (15,545) 300,000 300,000 300,000 - Other Revenue 249,212 --3,500 3,500 Total Revenues 6,249,859 7,000,000 8,060,000 8,478,245 418,245 Other Sources: Transfer In from Other Funds 1,570,088 1,876,250 2,209,085 2,209,085 - Total Other Sources 1,570,088 1,876,250 2,209,085 2,209,085 - TOTAL REVENUES AND OTHER SOURCES 7,819,947 8,876,250 10,269,085 10,687,330 418,245 EXPENDITURES Capital Improvements: Facilities 2,117,461 3,911,000 5,361,553 5,403,044 41,491 Land and Land Improvements 1,465,506 215,000 883,713 1,571,958 688,245 Roads and Streets 848,579 8,924,748 10,799,147 10,414,147 (385,000) Utility Projects 253,688 1,031,250 1,335,755 1,460,755 125,000 Planning and Consulting 31,544 175,000 243,456 318,456 75,000 Communications and Technology 95,638 229,338 375,683 375,683 - Debt Service: Capital Leases 55,720 55,720 55,720 55,720 - Total Expenditures 4,868,136 14,542,056 19,055,027 19,599,763 544,736 Other Uses Operating Transfer-Out - General Fund 494,593 600,473 600,473 600,473 - Operating Transfer-Out - Mi Casa Program 597,699 734,871 734,871 734,871 - Operating Transfer-Out - Debt Service Fund 959,708 963,142 963,142 963,142 - Operating Transfer-Out - Mobility Fund 400,000 200,000 200,000 200,000 - Operating Transfer-Out - Fleet Maintenance Fund 195,357 398,766 398,766 398,766 - Operating Transfer-Out - Equipment Replacement Fund -470,004 505,922 505,922 - Total Other Uses 2,647,357 3,367,256 3,403,174 3,403,174 - TOTAL EXPENDITURES AND OTHER USES 7,515,493 17,909,312 22,458,201 23,002,937 544,736 NET SOURCE (USE) OF FUNDS 304,454 (9,033,062) (12,189,116) (12,315,607) (126,491) FUND BALANCE, Beginning of Year 13,714,320 10,327,090 14,190,357 14,018,774 (171,583) FUND BALANCE, End of Year 14,018,774$ 1,294,028$ 2,001,241$ 1,703,167$ (298,074)$ Fund Balances Restricted For: Asphalt Overlay 451,280$ 451,280$ 451,280$ 451,280$ -$ Assigned For: Tract G/URA Projects 1,155,610 800,610 844,108 844,108 - Unreserved 12,411,884 42,138 705,853 407,779 (298,074) Total Fund Balances 14,018,774$ 1,294,028$ 2,001,241$ 1,703,167$ (298,074)$ Capital Projects Fund #41 Supplemental Amendment #2 Attachment C Original Amended Amended Difference Account Audited Budget Budget #1 Budget #2 Increase Number Description 2022 2023 2023 2023 (Decrease) Taxes: 51401 Real Estate Transfer Tax 5,943,400$ 4,500,000$ 4,500,000$ 4,500,000$ - 51304 Penalties and Interest 27,792 - - - - 51000 Total Taxes 5,971,192 4,500,000 4,500,000 4,500,000 - Intergovernmental: Federal / State: 53201 CDOT Revitalize Main Street Grant (Hwy 6 Roundabout) - - 2,000,000 2,000,000 - 53201 CDOT Multimodal Trans. & Mit. Options Fund Grant (Hwy 6 Round - 2,200,000 1,000,000 1,000,000 - 53299 Colorado Energy Office - 2022 Charge Ahead Grant 45,000 - - - - 53299 Colorado Water Conservation Board - - 60,000 99,745 39,745 53202 GOCO Grant (Eaglebend Playground) - - - 375,000 375,000 53402 Eagle County Contribution (Hwy 6 Roundabout) - - 200,000 200,000 - 53000 Total Intergovernmental 45,000 2,200,000 3,260,000 3,674,745 414,745 Investment Earnings: 57101 Interest Earnings (15,545) 300,000 300,000 300,000 - 57000 Total Investment Earnings (15,545) 300,000 300,000 300,000 - Other Revenues: 58209 Contributed Infrastructure & Improvements (McGrady Acres Park) 248,507 - - - - 58999 Miscellaneous Nonclassified Revenue 705 - - 3,500 3,500 58000 Total Other Revenues 249,212 - - 3,500 3,500 Other Sources: Transfers In - General Fund 59201 - Purchase of Employee Housing 535,000 - - - - Transfer In from Avon URA: 59201 Tract G Projects 1,000,000 1,000,000 1,000,000 1,000,000 - Transfer in from Community Enhancement Fund 59201 Powerline Undergrounding - 120,000 120,000 120,000 - Transfer in from Water Fund 59201 Nottingham-Puder Ditch Piping 23,512 756,250 1,089,085 1,089,085 - Transfer in from Equipment Replacement Fund 59201 Diving Board and Water Slide 11,576 - - - - 59000 Total Other Sources 1,570,088 1,876,250 2,209,085 2,209,085 - 50000 TOTAL REVENUES 7,819,947$ 8,876,250$ 10,269,085$ 10,687,330$ 418,245$ Revenue Detail Capital Projects Fund #41 Supplemental Amendment #2 (1)(2)(3)(4)(4)(1+2+4) Revised 2021 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2022 2023 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11019 Utility Upgrade 450,733$ 32,945$ -$ -$ -$ 483,678$ 470,845$ 470,845$ -$ 11023 New Town Hall 2nd and 3rd Floor Updates 36,758 53,750 - - 11,491 101,999 130,000 141,491 11,491 11025 H.A. Nottingham Park East Improvements 58,556 261,311 2,000,000 2,530,570 2,530,570 2,850,437 2,850,000 2,850,000 - 11028 Office Furniture 27,184 68,435 50,000 107,565 107,565 203,184 203,184 203,184 - 11029 Building Access Control - - - 70,000 70,000 70,000 70,000 70,000 - 11030 Town Hall Front Entry ADA Access - 13,225 - 11,775 11,775 25,000 25,000 25,000 - 11031 511 Metcalf Road #G20 - 537,519 - - - 537,519 535,000 535,000 - IT Office Expansion - - - - 30,000 30,000 - 30,000 30,000 11032 Building Door Replacements - - 105,000 105,000 105,000 105,000 105,000 105,000 - Public Safety Facilities: 12006 PSF Parking Lot Canopy Design 14,153 5,847 - - - 20,000 20,000 20,000 - 12007 Wildridge Emergency Warning Siren 28,436 194,984 - 133,016 133,016 356,436 356,436 356,436 - Public Works Facilities: 13014 Public Works Facilities Expansion Planning - 14,774 500,000 585,226 585,226 600,000 600,000 600,000 - Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 10,500 - 440,000 449,500 449,500 460,000 460,000 460,000 - 14019 Bus Shelters (6)- 436,350 - 26,150 26,150 462,500 462,500 462,500 - 14020 Fleet Maintenance - HVAC / AC - - - 25,000 25,000 25,000 25,000 25,000 - 14021 ARTF Roof Improvements / Snow - 44,860 - - - 44,860 50,000 50,000 - 14022 ARTF Roof Repair - 75,701 - 64,299 64,299 140,000 140,000 140,000 - 14023 ARFT - Overhead Door Replacement - - 105,000 105,000 105,000 105,000 105,000 105,000 - 14024 ARTF - BAS / HVAC PM - - 165,000 165,000 165,000 165,000 165,000 165,000 - 14025 ARTF - HVAC Separation - - 150,000 170,000 170,000 170,000 170,000 170,000 - Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2022 Supplemental Amendment #2 (1)(2)(3)(4)(4)(1+2+4) Revised 2021 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2022 2023 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2022 Supplemental Amendment #2 14026 ARTF - Bus Wash Exit - - 125,000 125,000 125,000 125,000 125,000 125,000 - (1)(2)(3)(4)(4)(1+2+4) Revised 2021 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2022 2023 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2022 Supplemental Amendment #2 Cultural and Recreational Facilities: 15019 Pavilion - Deck Railing and Floor Replacement 397,153 18,161 - - - 415,314 425,600 425,600 - 15021 Recreation Center Locker Replacement 303,412 27,027 - - - 330,439 330,439 330,439 - 15023 Recreation Center HVAC Upgrade 7,500 44,945 - 197,555 197,555 250,000 250,000 250,000 - 15024 Recreation Center ADA Parking 865 19,135 - - - 20,000 20,865 20,865 - 15025 Metcalf Family Cabin Feasibility Analysis - - 20,000 20,000 20,000 20,000 20,000 20,000 - 15028 Recreation Center Pool Replastering 202,980 1,160 - - - 204,140 205,000 205,000 - 15029 Recreation Center Aquatics Remodel Plan and Design - - - 50,000 50,000 50,000 700,000 700,000 - 15030 Pavilion Ramp - - - - - - - - 15031 Water Slide Repair - 33,070 - - - 33,070 45,788 45,788 - 15032 Sauna / Steam Room Remodel - 7,867 - 99,897 99,897 107,764 107,764 107,764 - 15033 Public Art - "Mother's Pride"- - - 30,000 30,000 30,000 30,000 30,000 - Other Facilities: 19008 EV Charging Stations (6)- 226,395 - - - 226,395 257,500 257,500 - 19009 2120 Saddle Ridge Loop Window Replacement - - - 40,000 40,000 40,000 40,000 40,000 - 19010 Heat Recovery Controls Replacement - - 251,000 251,000 251,000 251,000 251,000 251,000 - Land and Land Improvements: 21027 O'Neil Spur Park Improvements Design - - - 20,000 20,000 20,000 20,000 20,000 - 21053 Nottingham Park West Courts Reconstruction 24,853 1,384,494 - - - 1,409,347 1,432,523 1,432,523 - 21054 Wildland Fire Mitigation - 40,000 40,000 40,000 40,000 80,000 NA NA - 21055 Power Line Undergrounding 333 1,200 - 118,467 118,467 120,000 120,000 120,000 - 21057 O'Neil Spur Park Parking Lot Rebuild - - - - - - - - 21058 North Restrooms - Nottingham Lake Beach 19,942 39,812 - 480,246 480,246 540,000 540,000 540,000 - 21061 Beach Expansion Planning 865 - - - - 865 865 865 - 21062 Nottingham Park - Irrigation Replacement Design - - 75,000 125,000 125,000 125,000 125,000 125,000 - (1)(2)(3)(4)(4)(1+2+4) Revised 2021 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2022 2023 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2022 Supplemental Amendment #2 21063 Saddleridge Park Refresh - - 25,000 25,000 25,000 25,000 100,000 100,000 - 21064 Park Water Fountain Replacement - - 75,000 75,000 75,000 75,000 75,000 75,000 - 21065 Irrigation System Project Design - - - - 80,000 80,000 - 80,000 80,000 21066 Eaglebend Park Improvements - - - - 550,000 550,000 - 550,000 550,000 21067 Wildridge Trail Contributions - - - - 58,245 58,245 - 58,245 58,245 Roads and Streets: Streetscape Improvements: 31030 Mall Activation Elements 16,701 9,878 - 13,421 13,421 40,000 40,000 40,000 - 31031 Avon Rd./I70 Aesthetics Improvements 908,093 227,576 - - - 1,135,669 1,150,000 1,150,000 - 32035 Metcalf Road - Retaining Wall Stabilization - - - 80,000 80,000 80,000 80,000 80,000 - Street Improvements: Annual Street Maintenance and Repair: 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.6,179 1,263 50,000 192,558 192,558 200,000 200,000 200,000 - 32030 Avon Road Safety Improvements - 69,196 150,000 150,000 150,000 219,196 NA NA - 32032 Hurd Lane Intersection Improvements 7,030 2,927 - - - 9,957 20,000 20,000 - 32033 W. B/C Blvd. - US Hwy 6 to Avon Elem.- 29,470 830,000 1,320,043 1,320,043 1,349,513 1,349,513 1,349,513 - 32034 Buck Creek Repairs 580,467 2,518 - - - 582,985 800,000 800,000 - 32036 Fawcett Road Asphalt Overlay - 25,456 440,000 414,544 414,544 440,000 440,000 440,000 - 32037 W. B/C Blvd. - Concrete Repairs - - - 223,701 223,701 223,701 223,701 223,701 - 32038 Metcalf Road Culvert Repair 41,610 2,210 - 450,000 450,000 493,820 493,820 493,820 - 32040 Metcalf Road Manhole Repair - 15,055 - - - 15,055 14,000 14,000 - 32041 Millie's Lane Asphalt Overlay - 42,653 - - - 42,653 46,523 46,523 - 32042 East Beaver Creek Blvd. Repair Project - 28,806 - - - 28,806 28,806 28,806 - 33220 Annual Guard Rail Improvements 45,703 6,230 40,000 40,000 40,000 91,933 NA NA - 33221 Asphalt Seal Coat Roadway & Parking Lots - - 200,000 485,000 100,000 100,000 485,000 100,000 (385,000) (1)(2)(3)(4)(4)(1+2+4) Revised 2021 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2022 2023 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2022 Supplemental Amendment #2 32043 Upper Buck Creek Repairs / Asphalt Overlay - - 1,292,748 1,292,748 1,292,748 1,292,748 1,292,748 1,292,748 - 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay - - 60,000 60,000 60,000 60,000 673,474 673,474 - 32045 Old Trail Road Asphalt Overlay - - 63,000 63,000 63,000 63,000 789,701 789,701 - 32046 WBCB River Bridge Deck Repair Railing Upgrade - - 225,000 250,000 250,000 250,000 250,000 250,000 - 32047 Avon Road Pedestrian Crosswalk Repairs - - 50,000 50,000 50,000 50,000 50,000 50,000 - Multi-Modal/Alternative Mobility: 32039 US Hwy 6 & Stonebridge Rd. Roundabout - 369,712 4,200,000 4,230,288 4,230,288 4,600,000 4,600,000 4,600,000 - 34044 June Creek Emergency Access 7,127 1,791 - 101,082 101,082 110,000 110,000 110,000 - Recreational Trails Program: 34041 Lee's Way Trail Rebuild - 600 - - - 600 50,000 50,000 - 34045 Recreation Trail Path Recon. - Lower Athletic Field - 13,238 794,000 852,762 852,762 866,000 866,000 866,000 - 34046 Hurd Lane - Recreation Trail Reconstruction - - 205,000 205,000 205,000 205,000 205,000 205,000 - 34047 Eagle Valley Trail - West Reconstruction - - 325,000 325,000 325,000 325,000 325,000 325,000 - Utility Projects: 21026 Nottingham Rd. Debris Flow Improvements and Water Qua 376,140 178,000 - 46,670 46,670 600,810 600,810 600,810 - 21029 GIS Implementation - Drainage Infrastructure Layers - 52,176 125,000 - - 52,176 52,176 52,176 - 61011 Tract A Drainage Improvements - - - 50,000 50,000 50,000 50,000 50,000 - 61012 Nottingham-Puder Ditch Piping - 23,512 756,250 1,089,085 1,089,085 1,112,597 1,112,597 1,112,597 - 61013 330 Nottingham Road Drainage Improvements - - 75,000 75,000 75,000 75,000 575,000 575,000 - 61014 400 West Beaver Creek Blvd. Drainage Improvements - - 75,000 75,000 75,000 75,000 575,000 575,000 - 61015 Nottingham / Wildridge Culvert Repairs - - - - 125,000 125,000 - 125,000 125,000 Planning and Consulting: 79114 Schematic Design / Final Design - W. Main Street - 31,544 175,000 243,456 243,456 275,000 275,000 275,000 - 79115 Facilities Reserve Study - - - - 75,000 75,000 - 75,000 75,000 (1)(2)(3)(4)(4)(1+2+4) Revised 2021 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2022 2023 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2022 Supplemental Amendment #2 Communications and Technology: 81011 Broadband 44,598 - 60,000 80,402 80,402 125,000 125,000 125,000 - 81015 Finance/Comm Dev. ERP System 165,055 22,820 - 87,415 87,415 275,290 275,290 275,290 - 81016 Mini-split NTH Data Center - 12,070 - - - 12,070 20,000 20,000 - 81019 Microsoft Teams Phone System Migration - 38,547 19,338 25,866 25,866 64,413 64,413 64,413 - 81020 Surveillance NVR Server Consolidation and Replacemen - 22,201 - 32,000 32,000 54,201 32,000 32,000 - 81021 Nottingham Park Wi-Fi Access - - 150,000 150,000 150,000 150,000 150,000 150,000 - Total Capital Improvement Projects 3,782,926$ 4,812,416$ 14,486,336$ 18,999,307$ 19,544,043$ 28,139,385$ 30,655,881$ 31,200,617$ 544,736$ Supplemental Proposed Original Amended Budget Difference Audited Budget Budget Amendment #2 Increase 2022 2023 2023 2023 (Decrease) REVENUES Taxes 46,707$ 46,003$ 46,003$ 46,003$ -$ Intergovernmental 2,008,389 1,086,000 1,086,000 1,086,000 - Charges for Services 223,064 309,452 309,452 309,452 - Other Revenues 184,037 155,889 155,889 155,889 - Total Operating Revenues 2,462,197 1,597,344 1,597,344 1,597,344 - Other Sources Transfers In from General Fund 1,300,000 1,300,000 1,300,000 1,300,000 - Transfers In from Capital Projects Fund 400,000 200,000 200,000 200,000 - Total Other Sources 1,700,000 1,500,000 1,500,000 1,500,000 - TOTAL REVENUES 4,162,197 3,097,344 3,097,344 3,097,344 - EXPENDITURES Administration 279,197 335,363 337,326 384,638 47,312 Transit Operations 3,399,773 2,799,132 2,825,060 2,825,060 - Washbay 159,159 258,039 261,642 264,552 2,910 Mobility Programs 490,893 349,718 356,632 356,632 - TOTAL EXPENDITURES 4,329,022 3,742,252 3,780,660 3,830,882 50,222 NET SOURCE (USE) OF FUNDS (166,825) (644,908) (683,316) (733,538) (50,222) FUND BALANCES, Beginning of Year 1,549,195 1,098,870 1,098,870 1,382,370 - FUND BALANCES, End of Year 1,382,370$ 453,962$ 415,554$ 648,832$ (50,222)$ Fund Summary Mobility Enterprise Fund #52 Supplemental Amendment #2 Attachment D Supplemental Proposed Original Budget Budget Difference Audited Budget Amendment #1 Amendment #2 Increase 2022 2023 2023 2023 (Decrease) REVENUES Intergovernmental -$ 806,250$ 806,250$ 806,250$ -$ Charges for Services 1,556,425 1,569,264 1,569,264 1,638,014 68,750 Other Revenue 25,991 - - - - Total Operating Revenues 1,582,416 2,375,514 2,375,514 2,444,264 68,750 Other Sources Transfers-In from General Fund 300,000 200,000 200,000 200,000 - Transfers-In from Capital Projects Fund 195,357 398,766 398,766 398,766 - Total Other Sources 495,357 598,766 598,766 598,766 - TOTAL REVENUES 2,077,773 2,974,280 2,974,280 3,043,030 68,750 EXPENDITURES Public Works: Fleet Maintenance 1,972,059 2,976,775 3,000,082 3,066,632 66,550 Total Operating Expenditures 1,972,059 2,976,775 3,000,082 3,066,632 66,550 NET SOURCE (USE) OF FUNDS 105,714 (2,495) (25,802) (23,602) 2,200 FUND BALANCES, Beginning of Year 406,486 429,071 512,200 512,200 - FUND BALANCES, End of Year 512,200$ 426,576$ 486,398$ 488,598$ 2,200$ Fund Summary Fleet Maintenance Enterprise Fund #61 Supplemental Amendment #2 Attachment E Supplemental Proposed Original Budget Budget Audited Budget Amendment #1 Amendment #2 2022 2023 2023 2023 REVENUES Charges for Services: Equipment Replacement Charges 1,131,958$ 1,223,835$ 1,223,835$ 1,223,835$ Interest Earnings 36,967 90,000 120,000 120,000 Other Revenue: Insurance Claim Reimbursements 28,407 - - - Total Operating Revenues 1,197,332 1,313,835 1,343,835 1,343,835 Other Sources Transfers-In from Capital Projects Fund - 470,004 505,922 505,922 Sales of Fixed Assets 84,467 140,000 140,000 140,000 Total Other Sources 84,467 610,004 645,922 645,922 TOTAL REVENUES 1,281,799 1,923,839 1,989,757 1,989,757 EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 231,042 1,866,831 1,975,668 1,975,668 Recreation Center Equipment 19,256 359,005 359,005 359,005 Computer and Office Equipment 234,336 78,815 78,815 108,087 Machinery and Equipment - - 12,000 12,000 Heat Recovery - 87,500 87,500 87,500 Total Operating Expenditures 484,634 2,392,151 2,512,988 2,542,260 Other Uses: Transfer-Out to Capital Projects Fund 11,576 - 11,576 11,576 TOTAL EXPENDITURES 496,210 2,392,151 2,524,564 2,553,836 NET SOURCE (USE) OF FUNDS 785,589 (468,312)(534,807)(564,079) FUND BALANCES, Beginning of Year 3,472,095 4,104,865 4,257,684 4,257,684 FUND BALANCES, End of Year 4,257,684$ 3,636,553$ 3,722,877$ 3,693,605$ Fund Summary Equipment Replacement Internal Service Fund #63Supplemental Amendment #2 Attachment F Difference (Increase) Decrease -$ - - - - - - - - - 29,272 - - 29,272 - 29,272 (29,272) - (29,272)$ Fund Summary Supplemental ProposedOriginalBudgetBudget Difference Audited Budget Amendment #1 Amendment #2 Increase2022202320232023(Decrease) REVENUES Other Revenues Disposable Paper Bag Fee 72,317$55,000$55,000$55,000$-$ Total Operating Revenues 72,317 55,000 55,000 55,000 - TOTAL REVENUES 72,317 55,000 55,000 55,000 - EXPENDITURES General Government: Waste Reduction and Recycling 11,459 33,840 75,407 140,407 65,000 Total Operating Expenditures 11,459 33,840 75,407 140,407 65,000 TOTAL EXPENDITURES 11,459 33,840 75,407 140,407 65,000 NET SOURCE (USE) OF FUNDS 60,858 21,160 (20,407)(85,407)(65,000) FUND BALANCES, Beginning of Year 107,151 102,151 168,009 168,009 65,858 FUND BALANCES, End of Year 168,009$ 123,311$ 147,602$ 82,602$ 858$ Fund Summary Disposable Paper Bag Fee Fund #28 Supplemental Amendment #2 Attachment G Fund Summary Supplemental Proposed Original Amended Budget Difference Audited Budget Budget Amendment #2 Increase 2022 2023 2023 2023 (Decrease) REVENUES Charges for Services: Water Surcharges 168,354$ 170,000$ 170,000$ 170,000$ -$ Tap Fees 265,841 588,000 588,000 588,000 - Tap Fees - Mountain Star 25,800 4,000 4,000 4,000 - Total Charges for Services 459,995 762,000 762,000 762,000 - Other Revenues Nonclassified Revenues ----- TOTAL REVENUES 459,995$ 762,000$ 762,000$ 762,000$ - EXPENDITURES Water Utilities 149,612 131,231 206,231 208,731 2,500 Total Operating Expenditures 149,612 131,231 206,231 208,731 2,500 Other Uses Transfers Out - Capital Projects Fund 23,512 756,250 1,089,085 1,089,085 - TOTAL EXPENDITURES 173,124 887,481 1,295,316 1,297,816 2,500 NET SOURCE (USE) OF FUNDS 286,871 (125,481) (533,316) (535,816) (2,500) FUND BALANCES, Beginning of Year 722,014 714,706 925,520 1,008,884 83,364 FUND BALANCES, End of Year 1,008,885$ 589,225$ 392,204$ 473,068$ 80,864$ FUND BALANCES: Restricted For: Water Projects 1,008,885$ 589,225$ 392,204$ 473,068$ 80,864$ TOTAL FUND BALANCES 1,008,885$ 589,225$ 392,204$ 473,068$ 80,864$ Water Fund #24 Supplemental Amendment #2 Attachment H 970.748.4023 jskinner@avon.org Page 1 of 2 TO: Honorable Mayor Amy Phillips and Council members FROM: Jena Skinner, AICP Senior Town Planner RE: Resolution 23-11: Avon Community Housing Policies DATE: September 8, 2023 SUMMARY: This report updates current housing efforts and context for modifying the 1990-1991 Town of Avon Housing Guidelines. This document is retitled as the Avon Community Housing Policies (“ACHP”), as the previous document being “guidelines” sound very optional and do not lend Staff or the public all of the additional- and much-needed procedures and language for managing deed restricted Community Housing units. These policies also provide support to existing outdated deed restrictions programs that, in 2023, require more transparency, fairness, and modernization. The Town Council first reviewed this request to repeal/update the old Guidelines on April 25, June 27, and July 25, 2023. This report reflects the progress achieved with discussions at the previous hearing and includes revised materials for review at this work session. As a secondary motivation, Staff realizes that as Avon moves forward in pursuing more and more Community Housing opportunities, replacing the Guidelines becomes very important for other reasons. Having an up to date document that supports Community Housing efforts aides in formulating solid intergovernmental partnerships, in pursuing funding sources, in supporting Town projects, in creating a variety of new deed restricted units, and in facilitating new Community Housing units in private developments within the Town of Avon. Attached to this report you will find our proposed template deeds to be used as starting points in discussing and implementing new Community Housing projects, including a price capped deed restriction template that was discussed during the previous work session as a tool to modernize the outdated values of these important properties of high demand. PURPOSE OF THE ACHP • The 1990/1991 Housing Guidelines are referenced and relied upon within various price capped deed-restricted units (66) within Avon. This document is over 30-years old, and no longer functions efficiently as a tool to manage the purchase and sale of these units. • It does not recognize the Mi Casa Program or the Town of Avon Housing Plan, nor does it reflect using Area Median Incomes (AMI) as the “standard” for establishing specific qualifications and managing the values of these specialized housing units. • The old restrictions do not reflect the current housing culture, housing market, economic environment, or the necessity for investment/reinvestment in price capped units. • Deed-restricted properties deserve the protection of their necessity (social capital) and the equity that both the owners and the Town expect with buying and selling a home. • The proposed draft clarifies, and updates outdated non-transparent procedures and provides essential information currently “missing” or not contemplated previously with the original deed restriction implementation. • The Avon Community Housing Policies consider the current administrative housing procedures of Eagle County and Vail, providing a more “universal” administrative standard that could support multi-jurisdictional partnerships. 970.748.4023 jskinner@avon.org Page 2 of 2 MOST RECENT CHANGES TO THE PROPOSED ACHP: • This document has been reformatted to better align with other Town of Avon policy documents. • This document more effectively embraces any concerns of the Town Council from the last work session regarding the ability to administer Community Housing deed restrictions and units, in a more equitable and transparent fashion. • This document better reflects pending Avon Community Housing projects that may include rentals, leasing, and management of sales and resales. • Chapter 4, Section D (Page 14 of the Policies): The resale of price capped units’ section has been clarified and simplified for the administration thereof; however, Staff has also provided options for Council consideration. Staff recommends Council approve this policy document leaving Chapter 4 Section D as RESERVED allowing Staff to further vet the best resale practice and update the Policies accordingly. NEXT STEPS: 1. Community Housing deed restriction templates provide the framework for voluntary replacement of existing price capped deed restricted units. • Staff has been approached by a few concerned price capped, deed restriction unit owners about the extreme gap in value that now exists between their units governed by old restrictions (1994/2000/2001/2012). • With deeds not allowing modern capital investments, owners have not made significant investments in their units as the existing/allowable capital improvements are very limited. • Deeds have various and complicated or unclear methods of administering resales and for rentals making it difficult to process and decipher what is required by owners, buyers, and sellers. 2. Administrative details. Pending the adoption of these policies, Staff may move forward in drafting additional supporting documents for administration of Community Housing deed restrictions. Documents include a variety of application forms, resale transaction documents, and public educational materials surrounding Community Housing programs beyond Mi Casa. RECOMMENDATION: Staff recommends that the Town Council approve Resolution 23-11, which incorporates the proposed Avon Community Housing Policies as presented with Chapter 4.D. as RESERVED. In approving this Resolution, the Avon Community Housing Policies document (“ACHP”) shall officially replace the 1990/1991 Housing Guidelines. Thank you, Jena ATTACHMENTS: Proposed Resolution Avon Community Housing Policies 1990/1991 Housing Guidelines Res 23-11 ACHP Page 1 of 1 RESOLUTION 23-11 APPROVING THE REPEAL AND REPLACEMENT OF THE 1990-1991 HOUSING GUIDELINES WITH THE AVON COMMUNITY HOUSING POLICIES DOCUMENT WHEREAS, the existing Town of Avon Housing Guidelines were adopted in 1990-1991 and have not been useable for several years due to the outdated nature of this document; and WHEREAS, several existing deeds refer to this document; however, due to the outdated nature of the 1990-1991 Housing Guidelines, this document does not assist in the proper maintenance of price capped deed restriction properties as was originally intended; and WHEREAS, community housing practices and efforts have changed requiring this document to be updated to reflect contemporary management of existing and ongoing housing programs, and WHEREAS, the Avon Town Council held work sessions on April 25, 2023, June 27, 2023, July 25, 2023, and considered all comments, testimony, evidence, and reports provided by the Town Staff prior to deciding on the request to update the existing Housing Guidelines; and WHEREAS, the goal of Staff and Town Council is to allow this document to be updatable and to be maintained as a living document; and WHEREAS, the Town of Avon Housing Program Guide and Administrative Procedure document supports and conforms to Avon Municipal Code, Town of Avon Comprehensive Plan, the Avon Community Housing Plan, and other Community Housing programs and policies set forth by the Town of Avon. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby repeals and replaces the 1990 -1991 Housing Guidelines with the 2023 Town of Avon Housing Program Guide and Administrative Procedure document that supports Community Housing programs and projects in the Town of Avon. ADOPTED this day of 2023. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk AVON COMMUNITY HOUSING POLICIES2023 Avon Community Housing Policies September 7, 2023 Page 1 Avon Community Housing Policies 2023 Avon Community Housing Policies September 7, 2023 Page 2 PURPOSE: The general purpose of the Avon Community Housing Policies is to establish policies which will help the Town of Avon acquire, develop, and manage housing which meets the needs of the Avon community. “Community Housing” is broader than workforce housing and contemplates providing housing for all segments of the Avon community which cannot otherwise afford free market rental and ownership prices. Community Housing includes housing for the workforce, seniors, retirees, aging in place, and disabled members of the community who may not be able to work. These Avon Community Housing Policies (also referred to as “Policies” in this document) are intended to promote predictability in the process of executing and enforcing Community Housing Deed Restrictions and uniformity in the establishment and administration of various Community Housing Deed Restrictions and describe the authorization to perform certain tasks and transactions administratively. These Policies may be updated from time to time as determined appropriate by the Avon Town Council. INTRODUCTION: These Policies address housing that is sponsored, operated, managed or partnered with the Town of Avon. Community Housing commitments include, but are not limited to: Community Housing Deed Restrictions; project agreements with terms and conditions by state, federal and third party housing partners; and, housing obligations in various development agreements and Planned Unit Development approvals. These Policies replace the 1990/1991 Avon Housing Policies in its entirety and shall be used as the official policy document for administration and enforcement of all Community Housing Deed Restrictions held by the Town of Avon. This includes those deed restrictions created through the development entitlement process or created independent of a development process, like the іMi Casa Avon! or similar program. These provisions apply to both price-capped and resident occupied deed restrictions, for sale, or rental units. Avon Community Housing Policies September 7, 2023 Page 3 TABLE OF CONTENTS CHAPTER 1 ................................................................................................................................................................. 5 INTRODUCTION.......................................................................................................................................................... 5 A. INTRODUCTION .................................................................................................................................................. 5 B. ADOPTION AND AMENDMENTS ........................................................................................................................ 5 C. TYPES OF COMMUNITY HOUSING DEED RESTRICTIONS: ............................................................................ 5 D. INTERPRETATION .............................................................................................................................................. 5 E. ADMINISTRATION ............................................................................................................................................... 5 F. AUTHORIZATION: ............................................................................................................................................... 5 G. AREA MEDIUM INCOME: .................................................................................................................................... 5 H. INCOME LIMITS ................................................................................................................................................... 5 I. COUNCIL TO APPROVE FORM OF DEED RESTRICTIONS: ............................................................................ 6 J. EMPLOYEE HOUSING MITIGATION: ................................................................................................................. 6 K. CONVERSION OF RENTAL TO FOR-SALE RESTRICTED: ............................................................................... 6 L. OWNERS ASSOCIATIONS: ................................................................................................................................. 6 M. ACRONYMS: ........................................................................................................................................................ 6 N. DEFINITIONS ....................................................................................................................................................... 7 CHAPTER 2 ............................................................................................................................................................... 12 PRICE CAPPED COMMUNITY HOUSING ............................................................................................................... 12 A. Initial Pricing of Priced Capped Community Housing: ......................................................................................... 12 B. Maximum Rental Rates for Rent Capped Community Housing: ......................................................................... 12 C. Form of Deed Restrictions: ................................................................................................................................. 12 CHAPTER 3 ............................................................................................................................................................... 12 NON-PRICE CAPPED COMMUNITY HOUSING ...................................................................................................... 12 A. Pricing of Non-Price Capped Community Housing: ............................................................................................ 12 B. Form of Deed Restriction: ................................................................................................................................... 12 CHAPTER 4 ............................................................................................................................................................... 12 REQUIREMENTS OF BUYERS, OWNERS OR RENTERS ...................................................................................... 12 A. Employment Qualification ................................................................................................................................... 12 B. Restriction on Owning Other Real Estate ........................................................................................................... 13 C. Application Process for Price Capped Community Housing Units: ..................................................................... 13 D. Selection Process For Price-Capped Community Housing Units: ...................................................................... 14 E. Rules For Selection Process For Price-Capped Community Housing Units: ...................................................... 14 F. Application Process For Purchasing Non-Price Capped Community Housing Units: ......................................... 15 E. Rental Of A Community Housing Unit By Qualified Employers For Employees: ................................................ 16 F. Maintaining Occupancy:...................................................................................................................................... 16 G. Compliance ......................................................................................................................................................... 16 I. Leave Of Absence – All Community Housing Units: ........................................................................................... 16 Avon Community Housing Policies September 7, 2023 Page 4 CHAPTER 5 ............................................................................................................................................................... 17 INFORMATION FOR PROPERTY MANAGERS OF RENTAL UNITS ..................................................................... 17 A. Application Process. ........................................................................................................................................... 17 B. Annual Verification .............................................................................................................................................. 17 CHAPTER 6 ............................................................................................................................................................... 17 ALL COMMUNITY HOUSING UNITS........................................................................................................................ 17 A. Trust Ownership: ................................................................................................................................................ 17 B. Short Term Rentals: ............................................................................................................................................ 18 C. Foreclosures: ...................................................................................................................................................... 18 D. Other Title Transfers: .......................................................................................................................................... 18 E. Tax Sale. ............................................................................................................................................................. 18 F. Previous Policies. ............................................................................................................................................... 18 CHAPTER 7 ............................................................................................................................................................... 19 SALE OF COMMUNITY HOUSING UNITS ............................................................................................................... 19 A. Sales Of Price-Capped Housing Units: ............................................................................................................... 19 B. Maximum Resale Price For Price-Capped Housing Units: ................................................................................. 20 C. Increases To Base Price And Permitted Capital Improvements For Price Capped Housing Units: .................... 20 CHAPTER 8 ............................................................................................................................................................... 22 COMPLIANCE AND ENFORCEMENT...................................................................................................................... 22 A. Required Documents .......................................................................................................................................... 22 B. Non-Qualified Transferee:................................................................................................................................... 22 C. Failure To Comply. ............................................................................................................................................. 22 D. Uncured Violations. ............................................................................................................................................. 22 E. Required Rental. ................................................................................................................................................. 23 F. Preservation Of Deed Restricted Unit ................................................................................................................. 23 APPEAL PROCEDURES .......................................................................................................................................... 23 CHAPTER 9 ............................................................................................................................................................... 23 APPENDIX A – DEED RESTRICTION TEMPLATES ............................................................................................... 25 Price Capped Community Housing Deed Restriction Rent Capped Community Housing Deed Restriction Owner Occupied Community Housing Unit (Mi Casa Avon Deed Restriction) Resident Occupied Community Housing Unit APPENDIX B – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS Avon Community Housing Policies September 7, 2023 Page 5 AVON COMMUNITY HOUSING POLICIES A. INTRODUCTION: The Avon Community Housing Policies (“Policies” or “ACHP”) establish minimum requirements and procedures for developing, purchasing, owning, selling, and renting Community Housing and are to be read and applied in conjunction with the Avon Municipal Code and the various, established Deed Restrictions. These Policies should be updated periodically based on current real estate market, area median income, and the most recent affordable housing data, affecting the Avon community. B. ADOPTION AND AMENDMENTS: These Policies shall be adopted by the Avon Town Council by Resolution, after first conducting a public hearing, and may be amended by adoption of a Resolution after first conducting a public hearing. C. TYPES OF COMMUNITY HOUSING DEED RESTRICTIONS: There are five primary types of Community Housing Deed Restrictions used for Community Housing projects in Avon, which are described below. The Avon Town Council may approve other types of Community Housing Deed Restrictions or variations of the form of Community Housing Deed Restrictions included with these Policies in the sole discretion of the Avon Town Council. 1. Price Capped Community Housing 2. Rent Capped Community Housing 3. Owner Occupied Community Housing 4. Resident Occupied Community Housing D. INTERPRETATION: These Policies shall be liberally interpreted to achieve the purpose stated in this Policy. The Community Development Director has the authority to interpret these Policies. E. ADMINISTRATION: These Policies shall be administered by the Avon Community Development Department, or such other Department or personnel as the Town Manager may delegate and assign. F. AUTHORIZATION: The Town Manager, Town Clerk and Town Attorney, and respective designees, shall have the authority to execute all documents related to transactions contemplated in these Policies, including but not limited to Community Housing Deed Restrictions, documents related to closing on real estate (e.g., settlement statements, disclosure statements, etc.), and purchase and sales agreements. New Community Housing projects approved by the Avon Town Council should include an approval of the terms, conditions and any forms of Community Housing Deed Restrictions or other documents if different from the standard forms in these Policies, which may then be used and executed administratively. G. AREA MEDIUM INCOME: There are many references to Area Median Income or AMI throughout these Policies. The Town of Avon shall use county-wide AMI data as provided by the State of Colorado or federal government or may use an AMI based on Avon’s Zip Code or AMI based on another more localized geographic area in the discretion of the Town of Avon. H. INCOME LIMITS: When maximum household incomes limits are used, the “1 Person” limit shall be used for one CHAPTER 1 INTRODUCTION Avon Community Housing Policies September 7, 2023 Page 6 person and the “4 Person” limit shall be used when there are two to four income earners in the household. Households which are initially eligible for Price Capped Community Housing units based on Maximum Income Limits shall not become in-eligible, disqualified or non-compliant if the household income exceeds the Maximum Income Limit during occupancy of that specific Price Capped Community Housing unit. I. COUNCIL TO APPROVE FORM OF DEED RESTRICTIONS: All forms of Community Housing Deed Restrictions must be approved by the Avon Town Council prior to use. All forms of Community Housing Deed Restrictions must include these minimum terms and conditions: 1. Runs with the land and burdens future Buyers/Owners; 2. Expressly names the Town of Avon as a beneficiary of the Deed Restriction; 3. Any eligibility and primary residence requirements are verified annually by the Town of Avon; 4. Short-Term Rental use shall be prohibited; 5. Town must receive a minimum 60 days formal written notice of foreclosure prior to foreclosure; Town has the right to cure the foreclosure; Town has option to purchase prior to foreclosure and Town has a first right of refusal post foreclosure; 6. Restriction on owning other improved residential property, which includes a procedure and timeframe for sale of existing residential property. J. EMPLOYEE HOUSING MITIGATION: New development is required to provide Employee Housing Mitigation. See AMC Section 7.20.100 K. CONVERSION OF RENTAL TO FOR-SALE RESTRICTED: No Rent Capped Community Housing or Resident Occupied Community Housing Unit shall be converted in the future to For-Sale Community Housing through subdivision, the cooperative form of ownership, condo conversion, or some similar form of ownership inconsistent with its rental purpose, unless approved in writing in advance by the Town of Avon. L. OWNERS ASSOCIATIONS: Any documents creating an owners’ association should require that association dues or assessments levied against Community Housing Units be prorated to a maximum of 75% of the association dues or assessments levied against market rate units for mixed use projects consisting of 75% or more unrestricted market rate residential (Short Term Rentals or second homes) or interval housing units (Timeshares) (e.g. The Westin or Frontgate properties). M. ACRONYMS: ACHP - Avon Community Housing Policies AMC – Avon Municipal Code AMI – Area Median Income CHU - Community Housing Unit EC – Eagle County ECAHGAP – Eagle County Affordable Housing Policies Administrative Procedures Avon Community Housing Policies September 7, 2023 Page 7 FHA – Federal Housing Administration. OO - Owner Occupied RO – Resident Occupied TOA – Town of Avon N. DEFINITIONS: Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Affordability Gap – The difference between the median home price in each Eagle County community (as defined by zip code) and the average buying power of a typical household in that community, as provided for in the Administrative Procedures. Applicant – A prospective renter, an owner of Real Property, the owner's representative, owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Area Median Income (“AMI”) – The estimates of median household income compiled and released annually by the United States Department of Housing and Urban Development, which may be modified on a Zip Code basis or other geographic basis as determined by the Town of Avon. Attainable Housing – All Deed Restricted Housing Units regardless of price. Units include Price Capped For-Sale Housing, Price Capped Rental Housing, Resident Occupied For-Sale Housing, and Resident Occupied Rental Housing. Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contrast to obligations due others. See also definition for Gross Assets and Net Assets. Avon – The Town of Avon home rule municipality located in Colorado. Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom – That portion of a dwelling Unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Building Code requirements for egress, light, and ventilation. Capital Improvements – Any fixture erected as a permanent improvement to Real Property or that which adds to the value of the Real Property. Co-Signer – A joint signer of a promissory note who may not be listed on the deed of ownership on the housing unit unless required by the Program Administrator. Commercial Development – Any development that is not a Residential Development for which a Development Permit is required. Institutional uses such as government buildings, schools, hospitals, churches and other religious institutions, and facilities operated by non-profit service agencies are considered Commercial Development for purposes of these Policies. Avon Community Housing Policies September 7, 2023 Page 8 Commercial Mitigation – See AMC Section 7.20.100 Employee Housing Mitigation Community Housing – Residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. See AMC Section 3.14.20 - Definitions Comprehensive Plan – As defined in Avon Municipal Code Chapter 7 Development Code, as may be amended from time to time. Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. Cost Burdened Household – A Household that is paying more than 30% of its income for housing costs. County Resident – Person living and or working within Eagle County. Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of Gross Income. Development Permit – Any preliminary or final approval of an application for rezoning, Planned Unit Development, amendment of an existing Planned Unit Development, special use permit, subdivision, or similar application for new construction. Applications for a building permit where no previous condition of approval required housing mitigation. Disability – A physical or mental impairment that substantially limits one or more of the major life activities of such for an individual. Displaced Tenants – Any person who is removed from his/her residence due to conversion or reconstruction of a project. Eagle County Administrative Procedures – The Eagle County Affordable Housing Policies Administrative Procedures. Eagle County Employee – Eagle County Employee as defined in Section 3.12.020 Definitions. This section States: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence for which such person seeks an exemption under this Chapter is the primary residence for that person. Eligible Household – A Household that includes an Eagle County Employee and meets qualifying criteria used in establishing occupancy. Emergency Worker – An employee or volunteer of a community-based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Avon Community Housing Policies September 7, 2023 Page 9 Employee – Employee means a person employed in a building or on a property during normal periods of use. Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in the Town of Avon and/or Eagle County. Employee Housing – That housing used exclusively for persons employed in Eagle County. Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. Essential Worker – An employee who performs front-line work with public infrastructure or services, including but not limited to street maintenance, water, waste water, schools, day care, and Emergency Workers. Financial statement – A statement detailing all personal Assets, liabilities, and net worth (the difference between Assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of their to its debts. Gross Household Income – Total amount of income a Household earns in one year from all sources before taxes. Gross Income – The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Household – All individuals who will occupy a Unit regardless of legal status or relation to the owner or lessee. Household Income Combined – Adjusted Gross Income of all individuals who will be occupying the Unit regardless of legal status. Housing Plan – A written plan submitted to the Town of Avon describing how an Applicant will satisfy the minimum recommendations of the Avon Municipal Code or as required through a Development Agreement as approved by Town Council. Inclusionary Housing – The provision of Affordable Housing in Residential Developments to ensure adequate housing stock for local residents and to maintain or increase the current ratio of primary to secondary home ownership. Initial Sales Price – The maximum price for which a Price Capped For-Sale Housing may be initially sold. Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Drawing – A drawing of qualified households needed to select a winner from equal Applicants, who are tied for highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the Resale Agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Avon Community Housing Policies September 7, 2023 Page 10 Maximum Rental Rate – The maximum monthly rent payment for a Price Capped Rental Housing Unit, as provided for in the Administrative Procedures. All ongoing fees required to be paid by the resident (including but not limited to utilities and mandatory parking fees) must be included within the Maximum Rental Rate. Maximum Resale Price – The maximum amount an owner can sell the Housing Unit for per the deed restriction requirements. Mi Casa Avon – ¡Mi Casa Avon! is a Deed Restriction program that assists Avon’s workforce in purchasing homes within the Town of Avon with the intention of preserving the Unit for full-time residents in perpetuity. Minimum Occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets – Gross Assets minus Liabilities. Non-Eligible Household – A Household that does not qualify as an Eligible Household. Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. Owner – The Owner of record of the CHU according to the Clerk and Recorder of Eagle County during their period of ownership interest. Owner Occupied Community Housing – Housing subject to a Deed Restriction requiring that the Housing be owned and occupied by an Eligible Household as its Primary Residence as set forth in this document. Payment in Lieu – A payment made to the Town of Avon to satisfy a Project’s recommended Housing mitigation. Price Capped Community Housing – Collectively refers to For Sale Price Capped Community Housing and Rental Price Capped Community Housing. Price Capped Community Housing is subject to a Deed Restriction requiring that the Housing meet Initial Sales Prices, resale price appreciation limits, rental restrictions, quality, and other criteria set forth in this document. Primary Residence – The occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the Applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the buyer is continuously occupying and using the residence as a Primary Residence. Program Administrator – The Administrator of the Avon Community Housing Policies. The Program Administrator shall be the Community Development Director, or designee, or such person appointed by the Town Manager. Qualified Person – a person who has provided sufficient information for review and verification that such person meets the minimum requirements for a qualified buyer or qualified resident by the Program Administrator. Real Property – Property other than personal property as defined by the statutes of the State and does not include trailers or mobile homes, except trailers or mobile homes, which, by way of a foundation, have become attached as fixtures to the land on which they are located. Avon Community Housing Policies September 7, 2023 Page 11 Rent Capped Community Housing – Rental housing subject to a Deed Restriction requiring that the Housing meet Rental Rate Restrictions, quality, annual compliance and other criteria set forth in this document. Rental Rate Restrictions – The maximum Rental Rate for which a Rent Capped Community Housing unit may be leased, as provided for in this document or deed restriction. Retired Person or Older Person – a person at least 60 years of age or more at the time of initial occupancy. Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Short Term Rentals – Any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any Unit classified as commercial property by the Eagle County Assessor. Tenancy-in-common – Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to their heirs or beneficiaries and not to the surviving tenants in common. Transfer – Any grant, conveyance or alienation of Real Property, as evidenced by deed, instrument of conveyance or exchange, or any other writing wherein or whereby title to Real Property is granted, conveyed or alienated, or the conveyance of a possessory interest including any other indicia of ownership without the passing of legal title. Note: Some terms within this Section may be considered retired (outdated) and no used within these Policies but may be found within existing deed restriction language. Certain relevant definitions have also been updated within these Policies. The Town of Avon may replace certain terms using other modernized definitions within this Section when replacing or updating older documents. Avon Community Housing Policies September 7, 2023 Page 12 These policies are for Priced Capped Community Housing. The purpose of Price Capped Community Housing is to provide housing that is affordable for lower AMI households and to preserve the affordability of such housing while providing appropriate reimbursement of capital investments on resale. A.Initial Pricing of Priced Capped Community Housing: The Initial Sales Price of Price Capped CommunityHousing units shall be set no higher than at a price affordable to Households earning 140% of AMI, based on twopersons per bedroom (e.g. pricing for a three bedroom unit shall be based on the income limits for six persons). B.Maximum Rental Rates for Rent Capped Community Housing: Maximum Rental Rates for Deed RestrictedRental Housing Units must be set at rates that are affordable for households with incomes no greater than 120%AMI, based on unit type. C.Form of Deed Restrictions: All Deed Restrictions for For-Sale Price Capped Community Housing units mustuse the form attached as EXHIBIT A.1 – PRICE CAPPED COMMUNITY HOUSING DEED RESTRICTION. AllDeed Restrictions for Rental Price Capped Community Housing units must use the form attached as EXHIBIT A.2–RENTAL CAPPED COMMUNITY HOUSING DEED RESTRICTION. These policies are for Occupied and Resident Occupied Community Housing. The purpose of Resident Occupied and Resident Occupied Community Housing is to provide housing for full-time primary residential use without limiting the price upon sale and resale and without limiting the rental rate. A.Pricing of Non-Price Capped Community Housing: The sale price and rental price for Non-Price CappedCommunity Housing is not restricted or limited and shall be determined by the Owner or Seller. B.Form of Deed Restriction: All Deed Restrictions for Resident Occupied Non-Price Capped Community Housingunits must use the form attached as EXHIBIT A.3 – RESIDENT OCCUPIED COMMUNITY HOUSING DEEDRESTRICTION. All Deed Restrictions for Owner Occupied Non-Price Capped Community Housing units mustuse the form attached as EXHIBIT A.4 – OWNER OCCUPIED COMMUNITY HOUSING DEED RESTRICTION. A.Employment Qualification: At least one primary member of a Household must meet one or more of thefollowing criteria: 1.An Owner or Occupant meets the definition of Qualified Employee; or CHAPTER 2 PRICE CAPPED COMMUNITY HOUSING CHAPTER 3 NON-PRICE CAPPED COMMUNITY HOUSING CHAPTER 4 REQUIREMENTS OF BUYERS, OWNERS OR RENTERS Avon Community Housing Policies September 7, 2023 Page 13 2. A Retired Person or Older Person over the age of sixty (60) and had earned a living in the Town of Avon or within Eagle County, for no less than five (5) years prior to the date of their retirement; or 3. A Person with a Disability who had been a full-time employee in the Town of Avon or within Eagle County immediately prior to their Disability or has been granted an exception to the minimum of 30 hours per week to continue with a federal or state Disability benefit program, or as qualifying programs allow; or 4. Owners and Members of Households that reside in the Town of Avon or within Eagle County but work for employers that are located outside of Eagle County (e.g., remote workers). These employees may be considered eligible if all other eligibility requirements are met and the Owner and or Member of the Household can prove Town of Avon or Eagle County residency for no less than one year before application submission, subject to the Program Administrator’s sole discretion or as otherwise stated in the applicable deed restriction; or 5. Members of the Household cumulatively earning at least 75% of the Household’s Gross Household Income in the Town of Avon or within Eagle County or Members of the Household that are considered qualified renters by the Town of Avon or assigns. 6. At initial qualification of a purchase of a price capped unit, assets of the buyer cannot exceed 50% of the list price for the unit. B. Restriction on Owning Other Real Estate: No Qualified Person or immediate household members, including, but not limited to, spouses, domestic partners and children under 18 years of age, may own other improved residential real estate anywhere as of the date of purchase or occupancy of the Community Housing Unit, unless such is under contract to sell such existing real estate and such person in fact conveys ownership of such existing real estate within six (6) months. The Program Administrator may provide an additional six (6) month period to convey such existing real estate for unforeseen circumstances. During ownership of a Community Housing Unit, no Qualified Person or immediate household member shall own or acquire any interest, alone or in conjunction with others, in any other improved residential real estate, including ownership via a corporation, limited liability company, trust, or other legal entity. C. Application Process for Price Capped Community Housing Units: Households interested in purchasing a Price Capped Community Housing unit must apply to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit. The application and any accompanying documentation will become the property of the Program Administrator and will not be returned to the Applicant. The Applicant must provide all of the following information and documentation: 1. Complete application. Applications can be obtained from the [website] or Program Administrator; 2. Evidence of employment by a Qualified Employer. 3. Evidence of residency in Eagle County, if applicable. 4. Affirmation on the application that your Household intends to live in the unit as your Primary Residence and that no members of your Household own other improved residential real estate in Eagle County. 5. A prequalification letter from a mortgage lender for a mortgage with a fixed interest rate of at least 3 years duration or a statement of proof of funds and submit a copy to the Program Administrator. Reverse amortization mortgages are prohibited. Avon Community Housing Policies September 7, 2023 Page 14 6. Provide proof of funds for a down payment equal to at least 3% of the purchase price or as otherwise stated in the applicable Deed Restriction. Once basic eligibility has been met, the Applicant submitting the highest and best offer (not to exceed the Maximum Resale Price) will have the first right to negotiate for the purchase of the unit. If two or more equal offers are received, those offers will be prioritized for selection based on the selection criteria listed below. The Program Administrator will notify the Applicant if additional proof of any of the following items is necessary. D. SELECTION PROCESS FOR PRICE-CAPPED COMMUNITY HOUSING UNITS: The following selection criteria applies to all resales of Price-Capped Community Housing Units: 1. Selection Process. Applicants will first be ranked according to the following: a. First Priority. Household income - Priority order is first assigned for those whose income falls below 100% AMI, Second priority to those whose income falls below 120% AMI, Third priority to those who fall below 140% AMI and so on. Preference will be for Applicant(s) who meet the lowest of the available income categories but will not be selected solely based on lowest income alone. If two or more Applicants fall into the lowest available income category, the following criteria will be used to further prioritize Applicants. b. Additional priority will be given to those who have worked full time within Eagle County. Proof of work history for at least 5 years, considered on a cumulative, calendar year basis. c. If there is a tie based upon the selection criteria above, the Program Administrator shall hold a drawing comprised of applicants who have equal qualifications, to determine the winning Applicant. The drawing shall be held by the Program Administrator within five (5) business days from notification. Drawing shall be witnessed by the Applicants with equal priority, if desired, via in-person and or online means during regular business hours. i. There will be no consideration for those who do not meet the definition of Eligible Household. ii. The ability to purchase the unit with cash has no relevance to the selection process. *ALTERNATE OPTIONS For Town Council’s Consideration: 1. Selection Process. Applicants will first be ranked according to the following: Applicants who have lived and worked in Eagle County for at least four (4) years shall be placed in a first priority pool of eligible applicants from which applicants shall be selected by random lottery drawing. The remaining pool of qualified applicants shall be placed in a second priority pool. If there are no first priority applicants, then applicants shall be selected by random lottery drawing from the second priority pool. 2. Reserved. Section may be left as Reserved until this process is ultimately determined. E. RULES FOR SELECTION PROCESS FOR PRICE-CAPPED COMMUNITY HOUSING UNITS: The following rules apply to the selection process for Price-Capped Community Housing Units: 1. The physical place of prior residency and local employment and/or employer is relevant. The Applicant’s mailing address or company headquarters is not. For example, company or organization headquarters are located in “Town A”, but the Eligible Household member reports to another physical location in “Town B.” In this example, the physical location where the Eligible Household member reports to daily, in “Town B”, would be considered the physical place of employment. Alternatively, the company or organization headquarters are Avon Community Housing Policies September 7, 2023 Page 15 located in “Town A” but work is completed at changing locations throughout the county (e.g., construction/landscaping). In this example, the location of the headquarters in “Town A” would be used. 2. Full time employment for an Eagle County Employee as defined in Section 3.12.020 of the Avon Municipal Code. 3. Joint Applicants must meet the criteria for an Eligible Household. Combined income will be considered in determining a max AMI%, with a combined income not to exceed the equivalent of a 4-person AMI%. 4. Income may be determined using the Applicant's most recent federal income tax return or if unavailable or if income has changed, by Applicant’s current paystubs, or other reasonable means as determined by the Program Administrator. 5. All claims shall be verified by the Program Administrator. Claims of residency or employment that cannot be verified will not be considered in determining length of employment or residency. 6. Eligible Households may have no more than two occupants per Bedroom at any time. For example, a household of five (5) people does not qualify for a two (2) Bedroom unit. 7. Home office or remote work (remote workers) will be required to provide acknowledgement of home office status from their employer. 8. Qualified Persons in existing CHUs located in the Town of Avon or Eagle County may receive higher priority by the Town of Avon when being considered for a different CHU elsewhere within the Town of Avon. F. APPLICATION PROCESS FOR PURCHASING NON-PRICE CAPPED COMMUNITY HOUSING UNITS: Qualified persons interested in purchasing an existing Non-Price Capped Community Housing units must submit an application to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit, unless otherwise outlined in the recorded deed restriction. The application and any accompanying documentation will become the property of the Town of Avon and/or the Program Administrator and will not be returned to the Applicant. The application steps are as follows: 1. Obtain an application from the Program Administrator. 2. Provide a verification of employment (“VOE”) by a Qualified Employer as follows: a. The two most recent pay stubs and, a W2 or VOE letter from employer(s), or b. An employment contract or other documents that the Program Administrator deems necessary to make this determination, or c. Affidavit from employer verifying employment plus other documents that the Program Administrator deems necessary for substantiation. 3. Most recent tax returns, if required by existing deed restriction 4. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that, unless otherwise stated in the deed restriction, no members of your Household own other real estate in Eagle County. Avon Community Housing Policies September 7, 2023 Page 16 There are no selection criteria for resales of Resident Occupied For-Sale Housing units. E. RENTAL OF A COMMUNITY HOUSING UNIT BY QUALIFIED EMPLOYERS FOR EMPLOYEES: Qualified Employers may purchase a Community Housing Unit and lease to employees who are members of Eligible Households. Qualified Employers may not impose additional Deed Restrictions to renters within these Units without the written consent of the Program Administrator. F. MAINTAINING OCCUPANCY: The Owner of a Community Housing Unit shall continue to use the unit as its primary place of residence. The Owner of a Community Housing Unit will be deemed to have ceased to use the unit as its Primary Residence by accepting permanent employment outside of Eagle County, by residing in the unit for fewer than 9 months out of any 12 months, or by registering to vote outside of Eagle County. G. COMPLIANCE: Once a Community Housing Unit has been purchased, it must continue to be owned and occupied only by an Eligible Household. On an annual date set by the Program Administrator, the Owner of the Unit, shall submit the following information to the Program Administrator: 1. A completely filled out compliance verification form stating that the Owner continues to meet employment and residency requirements, as applicable; and 2. A statement that the Owner owns no other Real Property with the exceptions provided for herein. The Program Administrator will provide either a paper or electronic form to CHU Owners. Failure to provide information as required by the Program Administrator and any applicable deed restriction may result in forfeiture of appreciation, a sale mandated by the Program Administrator, or any other available remedy at law or equity. I. LEAVE OF ABSENCE – ALL COMMUNITY HOUSING UNITS: A leave of absence for the occupant of a Community Housing Unit may be granted at the sole discretion of the Program Administrator, subject to clear and convincing evidence that shows the reason for leaving and a commitment to return. Said evidence shall be in written form and presented to the Program Administrator for review and decision prior to the Owner leaving. The leave of absence shall be in accordance with the limitations as established in the subject Deed Restriction. In the case of an approved leave of absence, the Owner shall only rent to an Eligible Household. 1. Unless otherwise stated in the applicable deed restriction, any and all charges to rent a Deed Restricted Housing Unit during a leave of absence may not exceed the lesser of 1) Maximum Rental Rates for Rental Housing at 100% AMI* or 2) the Owner’s monthly housing expenses. *See the ECAHGAP for current Maximum Rental Rates. 2. Tenant(s) must submit a complete application and receive approval from the Program Administrator prior to occupancy. The Owner shall provide a copy of the executed lease agreement between the Owner and tenant to the Program Administrator. 3. If a Community Housing Unit is listed for sale and the Owner has relocated outside of Eagle County, the unit may, upon approval of the Program Administrator, be rented to an Eligible Household prior to completion of the sale. Avon Community Housing Policies September 7, 2023 Page 17 A. APPLICATION PROCESS: Only Eligible Households may rent Price Capped and Resident Occupied Community Housing Units, unless prohibited by other funding sources. Households must meet all other requirements of the Deed Restriction. The Property Manager must document how eligibility and income was confirmed and must keep a record of any documents supporting the eligibility determination. B. ANNUAL VERIFICATION: The Property Manager of Price Capped and/or Rent Capped Community Units must verify annually that the Owners and tenants follow the applicable Community Housing requirements. The Property Manager shall submit a written statement to Avon including the following information and certifying that such information is true and correct to the best of the Property Manager’s knowledge and belief. 1. A list of Owners or tenants who occupy the Community Housing Units in the prior calendar year and the evidence, to include income and employment documentation, submitted by such tenants to establish that their Households were Eligible Households; 2. A copy of the lease form currently used for tenants of the Community Housing Units; 3. Copies (which may be electronic) of all application information submitted by the Eligible Households occupying the Community Housing Units including but not limited to a copy of a driver’s license, voter registration, or vehicle registration information; Manager shall maintain Owner’s records with respect to the use and occupancy of the Community Housing Units available to Avon or its authorized agent for inspection upon request for audit to confirm compliance with the recorded deed restriction. A. TRUST OWNERSHIP: An Eligible Household may seek a variance to allow the title of a Community Housing Unit to be held in trust for the benefit of a natural person who also meets the definition of an Eligible Household member. Such ownership in trust may only occur in the circumstances provided herein, at the sole discretion of the Program Administrator, on a case-by-case basis. In order to request a variance from the strict application of these Policies, the Applicant shall submit a letter requesting a special review to the Program Administrator as follows: 1. Community Housing Units may be held in trust only for the benefit of a natural person who due to a physical or mental impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to a unit in their own name. The letter shall include documentation of such impairment and the basis for ownership in trust. It should be noted that the Applicant should submit any additional information reasonably requested by the Program Administrator to allow the Program Administrator to process this special request. 2. The beneficiary of the trust may not own other residential Real Property. 3. The beneficiary of the trust must be of the age of majority to qualify under this section. CHAPTER 5 INFORMATION FOR PROPERTY MANAGERS OF RENTAL UNITS CHAPTER 6 ALL COMMUNITY HOUSING UNITS Avon Community Housing Policies September 7, 2023 Page 18 4. The criteria set forth in these Policies may be met so long as the trust pre-qualifies for a loan. Further the trust must prove an adequate means of ensuring that expenses associated with ownership, including, but not limited to association dues and expenses are met. 5. Upon receipt of a request for a special review and any requested information and documentation, the Program Administrator may grant the request with or without conditions, in a timely manner. B. SHORT TERM RENTALS: Short Term Rentals are not permitted in any Community Housing Unit regardless of type. A Short Term Rental is defined in AMC Section 3.29.020 - Definitions. C. FORECLOSURES: In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a promissory note secured by a first deed of trust on a Community Housing Unit, Avon shall have the option to purchase the unit prior to public sale, which option shall be exercised as set forth in the deed restriction. The Owner has an obligation to notify the Program Administrator in writing once the Owner perceives a foreclosure difficulty. D. OTHER TITLE TRANSFERS: In the event that title to a Community Housing Unit transfers to a person or entity that is not an Eligible Household, the Non-Eligible Household must notify the Program Administrator of its intent as outlined below within 90 days of taking title to the unit. 1. The Non-Eligible Household may list the unit for sale, following the procedures outlined herein. 2. The Non-Eligible Household shall have one year to become an Eligible Household. In the event the Non-Eligible Household is unable to become an Eligible Household in one year then the unit shall be listed For-Sale as provided herein. 3. Non-Eligible Households shall not: a. Occupy the Community Housing Unit; b. Rent all or any part of the Community Housing Unit, except in strict compliance with these Policies; c. Engage in any other business activity on or in the Community Housing Unit; d. Sell or otherwise transfer the Community Housing Unit except in accordance with these Policies or applicable Deed Restriction. e. The Program Administrator may require the Non-Eligible Household to rent or sell the Community Housing Unit in accordance with the provisions of these Administrative Procedures. E. TAX SALE. In the event of a tax sale the deed restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Community Housing Unit through a tax lien sale process. F. PREVIOUS POLICIES. Within the 1990-1991 Avon Housing Policies, income limitations were classified as a “Category”. Under these Policies, income limitations shall utilize AMI rates and levels, or whatever methodology in establishing income is employed by the Program Administrator. Avon Community Housing Policies September 7, 2023 Page 19 A. SALES OF PRICE-CAPPED HOUSING UNITS: 1. Listing Units. All Price Capped Community Housing Units must be listed for sale with the Program Administrator, its designee, or as specified by the applicable deed restriction. An Owner who wishes to sell the Price Capped Community Housing Unit must follow these steps: a. Execute a standard Listing Contract on forms approved by the Program Administrator. b. Consult with the Program Administrator to review the Deed Restrictions recorded against the unit to determine the Maximum Resale Price and other applicable provisions concerning a sale. c. The Program Administrator shall administer the sale in accordance with the requirements in effect at the time of listing. d. The Owner may consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services (excluding all sales fees), will be at the Owner’s own expense and shall not be included in the calculation of the Maximum Resale Price. 2. Inspection Prior to Sale. The Owner shall undertake a listing inspection by the Program Administrator or assigns before executing a listing contract to determine the condition of the unit. a. The Owner shall pay for the cost of the inspection at the time of inspection. b. The inspector shall furnish a written report to the Owner and the Program Administrator. c. This information shall be furnished to the purchaser as a part of the seller’s property disclosure once a purchase contract has been executed. d. The inspection will be valid for no more than 60 days. The Owner shall replace or repair any items that are identified as unsatisfactory in the report at market value or reduce the listing price accordingly. 3. Sales Fees. Unless otherwise set forth in the applicable Deed Restriction, at the closing of the sale, the Owner shall pay the Program Administrator or its designee a minimum sales fee of 2% (two percent) of the sale price. This fee offsets the administration and associated fees of selling a unit and does not act as a direct commission for a Town of Avon employee or third-party handling the transaction. a. The Owner must deposit 0.5% (one half percent) of the list price with the Program Administrator upon listing the unit for sale, known as the listing deposit. b. If the Owner fails to perform under the listing contract, rejects all offers, or withdraws the listing after advertising has commenced, the Owner shall not be refunded the listing deposit. CHAPTER 7 SALE OF COMMUNITY HOUSING UNITS Avon Community Housing Policies September 7, 2023 Page 20 c. The listing deposit shall be considered a budgeted amount for advertising and administrative costs that will be incurred by the Program Administrator. If the Program Administrator incurs any additional costs, the Owner will be notified in advance by the Program Administrator and shall be responsible for those additional costs. d. Closing Costs. Sellers of Community Housing Units shall not permit any prospective buyer to assume any of the seller’s customary closing costs, including the fees set forth herein, nor accept any other consideration that would increase the purchase price above a Maximum Resale Price to induce the seller to sell to such prospective buyer. B. MAXIMUM RESALE PRICE FOR PRICE-CAPPED HOUSING UNITS: No Owner of Price Capped Community Housing shall sell the unit for an amount greater than the Maximum Resale Price for the unit. Maximum Resale Price will be calculated as follows: Base Price + Appreciation of Base Price + Permitted Capital Improvements – Depreciation of Capital Improvements + Sales Fee = Maximum Resale Price. There are no resale price limitations on Resident Occupied For-Sale Housing, unless such a provision is included within the pertinent deed restriction for that Unit. C. INCREASES TO BASE PRICE AND PERMITTED CAPITAL IMPROVEMENTS FOR PRICE CAPPED HOUSING UNITS: Certain capital improvements to a unit may be included in a Community Housing’s Maximum Resale Price. The following list outlines the costs that may be included in an Owner’s Base Price as "Permitted Capital Improvements" and provides a depreciation schedule for Permitted Capital Improvements. Base Price items are not counted against the Permitted Capital Improvement allowance. "Base Price": purchase price including garage, lot premium, or other developer inclusions The following improvements may be included in the Base Price with the written approval of the Program Administrator prior to the commencement of work: 1. Structural addition or addition of livable space including bathrooms, Bedrooms, exterior door, interior doors, baseboard, window casing, insulation, and plumbing (excluding fixtures) 2. Modifications or improvements to accommodate a person with a Disability as defined in the Americans with Disabilities Act of 1990. Permitted Capital Improvements depreciated on a 5-year schedule Replaced appliances Door locks (including smart) Gutters and downspouts Washer/Dryer Ceiling fans Heat Tape Water heaters Thermostats (including smart) Exterior paint Carpet/pad replacement Permanent fitted window blinds Storm doors Laminate flooring Health and safety protection Building permit fees New garage door openers Permitted Capital Improvements depreciated on a 20-year schedule Avon Community Housing Policies September 7, 2023 Page 21 Hardwood or tile flooring Permanent landscaping Solar panels Solid stone countertops Trees Roof replacement (not reserved) Light fixtures Permanent irrigation systems Furnace replacement Plumbing fixtures Outdoor decks A/C, swamp cooler, split units Cabinets and vanities New fencing Closet organization systems Windows Improvements that are NOT Permitted Capital Improvements Jacuzzi, saunas, hot tubs, steam showers, etc. Work done without issuance of a building permit Maintenance, cleaning, painting, or improvements to existing mechanical systems, fixtures, appliances Decorative items including window coverings, lamps and lighting not affixed to walls or ceilings, bathroom towels bars, hooks, etc. Gas or electric fireplaces Cost of tools Removable items not attached to the unit Equipment rental Security and smart home systems Unless otherwise identified in the recorded deed restriction, the actual costs of Permitted Capital Improvements made to a unit shall not exceed 10% of the Initial Sales Price for a five-year term, regardless of changes in ownership. For every subsequent five-year period, an additional 10% of the value of the unit at the beginning of that five-year period may be added into the value as Permitted Capital Improvements. The five-year period for Permitted Capital Improvements shall not reset merely upon resale. No costs incurred in one five-year term may be rolled into a different five-year term. For an Owner to request Base Price Improvements and/or Permitted Capital Improvements be added to the Maximum Resale Price, Owners must retain original receipts and invoices. Additionally: 1. Upon completion of the work the following must be submitted to the Program Administrator: a. Legible copies of receipts for materials and or invoices for purchases. b. Proof of payment by a third party and itemized invoice receipt for work performed. 2. In calculating the costs allowed as Permitted Capital Improvements, only the Owner’s actual out of pocket costs and expenses shall be eligible for inclusion. Such an amount shall not include an amount attributable to the Owner's labor, or that of their employees or business, or to any appreciation in the value of these improvements. 3. If an Owner pays cash for improvements, the Owner must provide third party documentation of payment. An Owner must have an invoice for improvements, but if no such documentation of proof of cash payment can be produced, the Program Administrator can inspect the improvement completed in the unit. Up to 75% of documented invoice value may be included after an inspection, subject to depreciation, at the Program Administrator’s sole discretion. Avon Community Housing Policies September 7, 2023 Page 22 4. Work that requires and is performed without the issuance of all required building permits or property owners’ association approval will not be included as a Base Price or Permitted Capital Improvement. 5. The value of the Permitted Capital Improvements will be added to the appreciated value of the unit at the time of sale. No appreciation is allowed on Permitted Capital Improvements. 6. Other improvements to the Affordable Housing unit are allowed, but adjustments to the Maximum Resale Price will only be given for Base Price and Permitted Capital Improvements. If a Base Price Improvement and/or Permitted Capital Improvements or an improvement included in the Base Price of the unit is removed or is no longer operational, the actual cost of the improvement shall be deducted from the Base Price or Permitted Capital Improvement schedule. No other categories or types of expenditures may qualify as Permitted Capital Improvements unless pre-approved in writing by the Program Administrator. This area purposefully left blank A. REQUIRED DOCUMENTS: The Program Administrator may request any and all documents and information necessary to establish continued compliance with any restriction and with the HPGAP as amended from time to time. The Owner of a Deed Restriction will provide documents that may include but are not limited to: Federal and State Income Tax Returns, W2’s, 1099’s, bank statements, vehicle and license information, pay stubs and invoices for utility payments. All information will maintain the confidentiality of financial information as provided by law. B. NON-QUALIFIED TRANSFEREE: In the event that title to a Community Housing Unit vests in any individual or entity that is not a Qualified by descent, by foreclosure and/or redemption by any lien or mortgage holder (except any holder of a HUD-insured First Mortgage), or by operation of law or any other event, the Town may elect to notify the Non- Qualified individual or entity that it must sell the Community Housing Unit in accordance with this Guide. A Non-Qualified individual or entity shall not: (i) occupy a Community Housing Unit; (ii) rent all or any part of a Unit, except in strict compliance with the corresponding deed restriction and as approved in writing by the Avon; (iii) engage in any business activity on or in a Community Housing Unit; (iv) sell or otherwise transfer a Unit except in accordance with the applicable procedures; or (v) sell or otherwise transfer a Community Housing Unit for use in trade or business. C. FAILURE TO COMPLY: In the event an Owner fails to comply with any of the restrictions, Avon may, but is not required to, provide notice to the owner of the Community Housing unit in violation and provide an opportunity for the owner to cease and desist or cure. In the event a Community Housing Unit is occupied, transferred or leased in violation of a deed restriction, Avon may, at its sole discretion, notify an Owner that it must immediately list the Community Housing Unit for sale. D. UNCURED VIOLATION: In the case of such an uncured violation, if required by Avon, the Owner shall: (i) consent to any sale, conveyance or transfer of such Unit to a Qualified Owner; (ii) execute any and all documents necessary to do so; and (iii) otherwise reasonably cooperate with Avon to take actions needed to accomplish such sale, conveyance or transfer of such Community Housing Unit. For this purpose, Owner constitutes and appoints Avon or the Program Administer as the Owner’s true and lawful attorney-in-fact with full CHAPTER 8 COMPLIANCE AND ENFORCEMENT Avon Community Housing Policies September 7, 2023 Page 23 power of substitution to complete or undertake any and all actions required or as set forth elsewhere in the corresponding deed restriction. It is further understood and agreed that this power of attorney, which shall be deemed to be a power coupled with an interest, cannot be revoked. Owner specifically agrees that all power granted to Avon under this Covenant may be assigned by it to its successors or assigns. E. REQUIRED RENTAL: In all situations where the provisions of this section apply, Avon may alternatively require the Owner to promptly rent their Unit to a lessee that is deemed a Qualified Occupant in accordance with the requirements of this Covenant and subject to the one (1) year limit while the Unit is listed for sale. F. PRESERVATION OF DEED RESTRICTED UNIT: In order to preserve the value of community housing, specifically, for persons of low to moderate income, and or to ensure the physical condition of the Community Housing Unit, Avon shall also have and is hereby granted the right and option to purchase a Community Housing Unit, exercisable within a period of fifteen (15) calendar days after notice is sent by Avon to the Owner that requires the Owner to sell the Unit due to a violation pursuant to this Section. Avon shall complete the purchase of such Unit within thirty (30) calendar days after exercising its option hereunder for a price equal to the lesser of the appraised market value of the Unit, as determined by the Program Administer in its reasonable, good faith judgment, or the Maximum Sale Price as may be limited by the underlying deed restriction. An appeal is a request by a Community Housing Unit Owner or potential purchaser (collectively referred to as “Owner”) to reconsider an interpretation, action or failure to act in accordance with the rights, duties, welfare, or status of these persons or entities under these Policies. Procedures for filing an appeal are as follows: 1. The Owner must submit a written appeal to the Program Administrator. It shall specify: a. The decision for which the Owner requests reconsideration; b. The grounds for the reconsideration of the decision; c. The specific decision that the Owner requests; and d. The name, address, telephone number, email address of the Owner filing the grievance and similar information about his/her representative, if any. 2. Within thirty (30) days of receipt of a written appeal the Program Administrator may issue a written decision or may request addition information. The Program Administrator may request a meeting with the Owner at the discretion of the Program Administrator. If the Program Administrator requests additional information, then the timeframe to provide a written decision shall be extended by thirty (30) days for the purpose of receiving or collecting additional information. The Program Administrator shall provide a written decision on the appeal within ten (10) business days of meeting with the Owner. 3. If Owner’s appeal is not approved by the Program Administrator, the Owner may request a hearing before the Town Manager, in accordance with the following procedures: a. A written request for a hearing shall be submitted to the Program Administrator. CHAPTER 9 APPEAL PROCEDURES Avon Community Housing Policies September 7, 2023 Page 24 b. The Town Manager shall schedule a hearing date within forty-five (45) days of receipt of the hearing request. c. The Owner requesting the Hearing and the Program Administrator may provide information to the Town Manager, including the decision which is the subject of the appeal, the initial appeal request and the appeal decision of the Program Administrator. All information received by the Town Manager shall be shared with both the Owner and the Program Administrator prior to the appeals hearing. d. The Town Manager may request additional information. e. Written notice of the date, time and place of the appeal hearing shall be provided to the Owner at least four (4) days in advance of the hearing, which timeframe may be waived by the Owner. f. The Owner and the Program Administrator may be present at the appeal hearing. g. The Town Manager shall consider all information provided prior to or during the appeal hearing, including testimony of the Owner, Program Administrator or other persons. The Town Manager shall provide a written decision within ten (10) business days of the appeals hearing. Avon Community Housing Policies September 7, 2023 APPENDIX A – DEED RESTRICTION TEMPLATES Price Capped Community Housing Deed Restriction Rent Capped Community Housing Deed Restriction Owner Occupied Community Housing Unit (Mi Casa Avon Deed Restriction) Resident Occupied Community Housing Unit Price Capped Community Housing Deed Restriction Page 1 of 12 APPENDIX A.3. TOWN OF AVON PRICE CAPPED COMMUNITY HOUSING DEED RESTRICTION THIS PRICE CAPPED COMMUNITY HOUSING DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and [DEVELOPMENT ENTITY], with an address of __________________________________ (“Declarant”) (each individually a “Party” and collectively the “Parties”). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620, and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, pursuant to the Avon Community Housing Policies (“ACHP”), as may be amended from time to time, Declarant has agreed to place certain restrictions on the ownership and sale of the Property for the benefit of the Town by requiring ownership and sale of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership and sale of the Property shall be restricted as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Buyer means a prospective qualified Owner who purchases the Property. b. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated Price Capped Community Housing Deed Restriction Page 2 of 12 in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence is the primary residence for that person. c. Maximum Income Limit means the ________________________________________. d. Maximum Resale Price means the maximum price an Owner can sell the Property for. e. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner at the time of closing. f. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. g. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the occupants are continuously occupying and using the Property as a primary residence. h. Qualified Owner means an Eagle County Employee. i. Second Home means the status of the Property when used by any person who has a Primary Residence that is not the Property. j. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. k. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Sale. Sale of the Property shall be limited to a Qualified Owner (who may take title with their spouse or civil union partner) at a cost not to exceed the Maximum Resale Price. c. Maximum Resale Price. The Maximum Resale Price for the Property shall be __________________________________________________________________. Price Capped Community Housing Deed Restriction Page 3 of 12 d. Lease. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. e. Exceptions. It shall not be deemed a violation of Section 3.d. above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. f. Owner covenants that the Owner shall not permit any sale or lease of the Property in violation of this Section 3. g. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. h. No later than February 1st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property. b. The Property must be listed for sale with the Town's designee. c. Owner shall consult with the Town to review this Deed Restriction and to determine the Maximum Resale Price and other applicable provisions concerning a sale. d. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and Price Capped Community Housing Deed Restriction Page 4 of 12 rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. e. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the Buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. f. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a Buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. g. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. h. Upon sale and conveyance of the Property by Owner to a Buyer, the Buyer shall be subject to the same occupancy and use requirements set forth herein. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. e. Failure to submit an annual certification of occupancy and use as described in Section 3.h. above. Price Capped Community Housing Deed Restriction Page 5 of 12 f. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. g. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. h. Permitting the use of the Property as a Short Term Rental or Second Home. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and Price Capped Community Housing Deed Restriction Page 6 of 12 enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 7 and 8 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 7 or 8. 10. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the Price Capped Community Housing Deed Restriction Page 7 of 12 amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 10.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting sale of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 10.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 11. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 10 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. Price Capped Community Housing Deed Restriction Page 8 of 12 e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 10.d above, subject, however, to Section 10.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 12. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 13. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. Price Capped Community Housing Deed Restriction Page 9 of 12 e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. l. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then-current duly elected and seated Town Council, and the then-current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. Price Capped Community Housing Deed Restriction Page 10 of 12 n. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. Price Capped Community Housing Deed Restriction Page 11 of 12 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [ ] By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Price Capped Community Housing Deed Restriction Page 12 of 12 Exhibit A [Insert Property Legal Description] Rent Capped Community Housing Deed Restriction Page 1 of 11 APPENDIX A.2. TOWN OF AVON RENT CAPPED COMMUNITY HOUSING DEED RESTRICTION THIS RENT CAPPED COMMUNITY HOUSING DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and [DEVELOPMENT ENTITY], with an address of __________________________________ (“Declarant”) (each individually a “Party” and collectively the “Parties”). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620, and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, pursuant to the Avon Community Housing Policies (“ACHP”), as may be amended from time to time, Declarant has agreed to place certain restrictions on the lease and occupancy of the Property for the benefit of the Town by requiring lease and occupancy of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The lease and occupancy of the Property shall be restricted as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence is the primary residence for that person. Rent Capped Community Housing Deed Restriction Page 2 of 11 b. Maximum Rental Rate means the maximum monthly rent payment for the Property. All ongoing fees required to be paid by the resident (including without limitation utilities and mandatory parking fees) must be included within the Maximum Rental Rate. c. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. d. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the occupants are continuously occupying and using the Property as a primary residence. e. Second Home means the status of the Property when used by any person who has a Primary Residence that is not the Property. f. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. g. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Lease. Lease of the Property shall be limited to an Eagle County Employee (who may lease with their spouse or civil union partner) at a cost not to exceed the Monthly Rental Rate. c. Monthly Rental Rate. The Monthly Rental Rate for the Property shall be __________________________________________________________________. d. Occupancy and Use. Occupancy and use of the Property shall be limited to one or more Eagle County Employees for occupancy and use as a Primary Residence for periods of thirty (30) days or longer. Permitted occupancy and use shall include immediate family members of the Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Use or lease of the Property as a Second Home or for Short Term Rental is Rent Capped Community Housing Deed Restriction Page 3 of 11 prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. e. Exceptions. It shall not be deemed a violation of Sections 3.b. or 3.d. above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. f. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. g. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. h. No later than February 1st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. b. Failure to submit an annual certification of occupancy and use as described in Section 3.h above. Rent Capped Community Housing Deed Restriction Page 4 of 11 c. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. d. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. e. Permitting the use of the Property as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and Rent Capped Community Housing Deed Restriction Page 5 of 11 enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the Rent Capped Community Housing Deed Restriction Page 6 of 11 amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re- conveyance to a subsequent Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. Rent Capped Community Housing Deed Restriction Page 7 of 11 e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. Rent Capped Community Housing Deed Restriction Page 8 of 11 e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. l. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then-current duly elected and seated Town Council, and the then-current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. Rent Capped Community Housing Deed Restriction Page 9 of 11 n. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. Rent Capped Community Housing Deed Restriction Page 10 of 11 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [ ] By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Rent Capped Community Housing Deed Restriction Page 11 of 11 Exhibit A [Insert Property Legal Description] Owner Occupied Community Housing Deed Restriction Page 1 of 12 APPENDIX A.3. TOWN OF AVON OWNER OCCUPIED COMMUNITY HOUSING DEED RESTRICTION (NON-PRICE CAPPED) THIS OWNER OCCUPIED COMMUNITY HOUSING DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and [DEVELOPMENT ENTITY], with an address of __________________________________ (“Declarant”) (each individually a “Party” and collectively the “Parties”). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620, and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, pursuant to the Avon Community Housing Policies (“ACHP”), as may be amended from time to time, Declarant has agreed to place certain restrictions on the use and occupancy of the Property for the benefit of the Town by requiring ownership and occupancy of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Buyer means a prospective Qualified Owner who purchases the Property from an Owner. b. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) Owner Occupied Community Housing Deed Restriction Page 2 of 12 years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence is the primary residence for that person. c. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meets the definition of Qualified Owner. d. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. e. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the occupants are continuously occupying and using the Property as a primary residence. f. Qualified Owner means an Eagle County Employee who occupies the Property as their Primary Residence. g. Second Home means the status of the Property when used by any person who has a Primary Residence that is not the Property. h. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. i. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner’s spouse or civil union partner). c. Occupancy and Use. During the first three (3) years of ownership by the Owner, the Owner shall occupy and use the Property as the Owner’s Primary Residence. On and after the third anniversary of the Owner’s acquisition of the Property, occupancy and Owner Occupied Community Housing Deed Restriction Page 3 of 12 use of the Property may include, but shall be limited to, (1) the Qualified Owner for their occupancy and use as a Primary Residence or (2) one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of the Qualified Owner or such Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. d. Exceptions. It shall not be deemed a violation of Sections 3.b. or 3.c. above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. e. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. f. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. g. No later than February 1st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the Buyer(s) and all information required to determine whether the Buyer(s) meets the definition of Qualified Owner. Owner Occupied Community Housing Deed Restriction Page 4 of 12 b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. c. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the Buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a Buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. f. Upon sale and conveyance of the Property by Owner to a Buyer, the Buyer shall be subject to the same occupancy and use requirements set forth herein. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. Owner Occupied Community Housing Deed Restriction Page 5 of 12 e. Failure to submit an annual certification of occupancy and use as described in Section 3.g above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. g. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. h. Permitting the use of the Property as a Short Term Rental or Second Home. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover Owner Occupied Community Housing Deed Restriction Page 6 of 12 any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 7 and 8 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 7 or 8. 10. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. Owner Occupied Community Housing Deed Restriction Page 7 of 12 c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 10.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 10.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 11. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 10 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re- conveyance to a subsequent Owner. Owner Occupied Community Housing Deed Restriction Page 8 of 12 d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 10.d above, subject, however, to Section 10.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 12. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 13. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. Owner Occupied Community Housing Deed Restriction Page 9 of 12 d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. l. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such Owner Occupied Community Housing Deed Restriction Page 10 of 12 provision shall continue only for the period of the lives of the then-current duly elected and seated Town Council, and the then-current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. n. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. Owner Occupied Community Housing Deed Restriction Page 11 of 12 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [ ] By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Owner Occupied Community Housing Deed Restriction Page 12 of 12 Exhibit A [Insert Property Legal Description] Resident Occupied Community Housing Deed Restriction Page 1 of 11 APPENDIX A.4. TOWN OF AVON RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION (NON-PRICE CAPPED) THIS RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and [DEVELOPMENT ENTITY], with an address of ____________________________________ (“Declarant”) (each individually a “Party” and collectively the “Parties”). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620, and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, pursuant to the Avon Community Housing Policies (“ACHP”), as may be amended from time to time, Declarant has agreed to place certain restrictions on the use and occupancy of the Property for the benefit of the Town by requiring occupancy of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle Resident Occupied Community Housing Deed Restriction Page 2 of 11 County if that person can demonstrate that the residence is the primary residence for that person. b. Non-Qualified Resident means any person who does not meet the definition of Qualified Resident, including persons who originally qualified as a Qualified Resident but whose circumstances change and who no longer meets the definition of Qualified Resident. c. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. d. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the occupants are continuously occupying and using the Property as a primary residence. e. Qualified Resident means an Eagle County Employee who occupies the Property as their Primary Residence. f. Second Home means the status of the Property when used by any person who has a primary residence that is other than the Property. g. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. h. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Occupancy and Use. The Property shall be occupied by at least one (1) Qualified Resident. Permitted occupancy and use shall include immediate family members of the Qualified Resident(s) and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property shall be for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property that is not allowed or is prohibited by this Deed Restriction shall constitute a default of this Resident Occupied Community Housing Deed Restriction Page 3 of 11 Deed Restriction and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction against the Owner. c. Exceptions. It shall not be deemed a violation of Sections 3.a. or 3.b. above if: i. The occupant of the Property who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The occupant of the Property who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to a Qualified Resident, provided that the period of vacancy of the Property shall not exceed twelve (12) months. d. Every Owner, by taking title to the Property, covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. e. Every Owner, by taking title to the Property, covenants that any lease of the Propety shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Qualified Resident status. f. No later than February 1st of each year, the Owner shall submit to the Town a certification setting forth evidence establishing that the occupancy and use of the Property complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Occupancy of the Property by a person who is a Qualified Resident prior to obtaining certification from the Town that such person is a Qualified Resident. b. Any use or occupancy of the Property in violation of Section 3 above. Resident Occupied Community Housing Deed Restriction Page 4 of 11 c. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. d. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. e. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. f. Permitting the use of the Property as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to Resident Occupied Community Housing Deed Restriction Page 5 of 11 attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the Resident Occupied Community Housing Deed Restriction Page 6 of 11 amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. Resident Occupied Community Housing Deed Restriction Page 7 of 11 e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Sections 9.e and 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Resident Occupied Community Housing Deed Restriction Page 8 of 11 Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. l. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then-current duly elected and seated Town Council, and the then-current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. n. Section Headings. Paragraph or section headings within this Deed Restriction are Resident Occupied Community Housing Deed Restriction Page 9 of 11 inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. [signature page follows] Resident Occupied Community Housing Deed Restriction Page 10 of 11 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [ ] By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Resident Occupied Community Housing Deed Restriction Page 11 of 11 Exhibit A [Insert Property Legal Description] Avon Community Housing Policies September 7, 2023 APPENDIX B – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS E.g., Declarations and Covenants, Plat Notes, etc. COVENANTS The Town of Avon hereby reserves the right to participate as a voting member of the “(Home)Owner(s) Association” as an equity partner to the Owner listed on Title for any properties restricted as a Town of Avon Deed Restricted Housing Unit. The Town of Avon reserves the right to review any financial documents as approved by the “(Home)Owner(s) Association”. PLAT NOTES Using “Community Housing” as a Use: All properties within / Lots / Parcel Nos. are hereby restricted as Community Housing Units, subject to the requirements of the Avon Municipal Code Titles 3 and 7. Using Inclusionary Housing Requirements: Unit Nos. are hereby restricted as Community Housing Units (“CHU”), subject to the requirements of the Avon Municipal Code and Avon Community Housing Policies (“ACHP”), until or unless said restriction is released by the Town of Avon. THE TOWN OF AVON 1990/91 AFFORDABLE HOUSING GUIDELINES PURPOSE "TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND AFFORDABLE HOUSING FOR PERSONS EMPLOYED IN AVON AND EAGLE COUNTY, SENIOR CITIZENS, THE HANDICAPPED, AND OTHER QUALIFIED PERSONS OF AVON AND THE COUNTY, WHICH ARE NECESSARY FOR A BALANCED COMMUNITY." RENTAL/SALE REQUIREMENTS CRITERIA, SPECIFICATIONS, PROCEDURES AND PRIORITIES The following Rental/Sale Requirements for Affordable Housing Units establish admission and occupancy criteria for affordable housing units. A. OCCUPANCY, INCOME AND ASSET REQUIREMENTS a. OCCUPANCY REQUIREMENTS - To be eligible for affordable rental/ sale housing, a person must propose to occupy the unit as their primary residence and meet the criteria: A person must qualify as follows: i. An Employee, as defined in the Definitions to these Guidelines; ii. A Senior, as defined in the Definitions to these Guidelines; iii. A Handicapped Person, as defined in the Definitions to these guidelines; or iv. A dependent of any of the above who proposes to live in the affordable housing unit. (Note: Anyone claiming a dependent must claim the dependent on their Income Tax Returns.); and b. An individual owning a local residence must agree to list that residence within 90 days of closing on the affordable housing unit. The residence must be sold within one year of closing on the affordable housing unit or the individual must be able to demonstrate a good faith effort was and is being made to sell the unit. The value of this property will be excluded from the gross asset limitation and included in the net asset limitation calculation. c. If an individual owns vacant land when leasing or purchasing a restricted affordable housing unit, as soon as the land is improved with a residence, the individual must relinquish the affordable rental unit or list and sell the ownership interest in the affordable sales housing unit or agree to restrict the new unit(s) to affordable housing as provided in these guidelines. 2. INCOME RANGE Household income individual(s) income) shall not maximums per year:(defined as combined exceed the following INCOME MAXIMUM Category #1 - $0 - $29,999 The range for this category is derived by taking up to the 30th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. Category #2 - $30,000 - $44,999 The range for this category is derived by taking from the 31st to the 59th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. Category #3 - $45,000 - $59,000 The range for this category is derived by taking from the 60th to the 78th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. NOTE: A household below an income limit wishing to purchase a unit restricted under a higher category, may qualify for a unit restricted under a higher category. Each non-working dependent qualifies for $5,000 addition to income. 3. ASSET LIMIT - Net Assets shall not exceed $40,000 (category 1), $75,000 (Category 2), $100,000 (Category 3) and not exceed $150,000 Gross Assets for any category. Any purchaser who has assigned, conveyed, transferred, or otherwise disposed of property within the last two years without fair consideration in order to meet the asset limitations shall be ineligible. B. PRIORITY FOR RENTAL OF AFFORDABLE HOUSING UNITS Persons desiring to lease a Deed Restricted Affordable Housing Unit, shall be given priority for units according to the following guidelines. Avon Residents shall receive highest priority, with county Residents receiving second priority. Persons shall be prioritized by years of consecutive residency. (See Definitions of Avon Resident and County Resident). 1. Qualified persons living within the same complex meeting occupancy, income and asset standards. 2. Qualified persons living within a Deed Restricted Affordable Housing Unit in Avon meeting occupancy, income, and asset standards. 3. Qualified Avon Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards. 4. Qualified Avon Residents meeting the occupancy, income and asset standards. 5. Qualified county Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards. 6. Qualified County Residents meeting the occupancy, income and asset standards. 7. Avon Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit. 8. County Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit. 9. Emergency Workers may qualify for a. higher priority category upon a finding by the Town that there exists an immediate community need to house an individual(s) falling within this category of workers in an affordable housing unit within Avon. 10. First priority for handicapped accessible units given to handicapped persons prioritized by residency. C. PRIORITY FOR SALE OF AFFORDABLE HOUSING UNITS Qualified Persons desiring to purchase an affordable housing unit shall receive preference and be prioritized by length of consecutive residency according to the following: Avon Residents shall receive priority, with County Residents receiving second priority (see definitions of Avon Resident and county Resident). 1. Highest offer price below or equal to stated maximum. The Authority or Owner reserve the right to reject any and all offers. In addition, the Authority may set a minimum offer price, below which no offers will be accepted. 2. Qualified person(s) meeting income and asset standards with a present ownership interest (joint tenants in common) in the affordable housing unit. The purchase price for this interest shall be equal to or greater than all other offers and not exceeding the maximum allowable offer price. 3. Qualified person(s) meeting income and asset standards chosen by the remaining owner(s) to purchase the interest of another owner provided that the offer is equal to or greater than other offers received but not exceeding the maximum allowable offer price. 4. Qualified Spouses and/or Children of current owners meeting income and asset standards. 5. Qualified persons meeting income and asset requirements. a. With minimum occupancy. b. No minimum occupancy. 6. Upon a finding by the Town, Employers may purchase units and are the last priority. Employers who purchase units are subject to different Occupancy, Resale, Deed Restriction, and Covenant which can be obtained through the Town for review Avon employers will receive priority over County employers. 7. Qualified persons. a. With minimum occupancy. b. No minimum occupancy. 8. First priority for handicapped given to handicapped persons prioritized by length of residency. 9. Qualified persons who are removed from their residence in Eagle County due to conversion or reconstruction of their residence may receive higher priority upon a finding by the Town. D. VERIFICATION REQUIRED BY APPLICANT TO QUALIFY FOR AFFORDABLE HOUSING UNITS The applicant combination, of residency, shall provide upon request by the Town any or all, of the following documentation as proof employment and income: 1. Federal Income Tax return forms. a. Applicant must provide the last four (4) years of Federal Tax Returns, an audited financial statement, or acceptable documentation to the Town. b. No greater than a 20 percent difference between income reported on tax returns and current income statements will be accepted without acceptable documentation of the difference. 2. Verification of current employment or job commitment in Avon or Eagle County (i.e., wage stubs, employer name, address, and phone number or other appropriate documentation as requested by the Authority). 3. Landlord verification (proof of residency, physical address). 4. Valid Colorado Driver's License (address, issue date). 5. Verification of Telephone service (date of installation, person listed to). 6. Vehicle insurance and registration. 7. Voter registration. 8. Deposits for down payment shall be verified by the holder of such funds. 9. Any documentation which the Town deems necessary to make a determination. NOTE: In addition to the initial verification requirements set forth above, rental applicants shall be reviewed and verified annually to ensure that they continue to meet occupancy, income, and asset requirements under the Guidelines as they are adopted from time to time. Units for which the renter fails to meet these requirements shall be made available for lease according to these Guidelines. Upon notice that the requirements are no longer met, renters will be given a maximum of a 10-month lease to provide them the opportunity to locate other housing. E. ADDITIONAL INFORMATION 1. Any co-ownership interest other than joint tenancy or tenancy-in-common must be approved by the Town. 2. All transactions regarding the conveyance of any of the units shall be subject to the Occupancy and Resale Deed Restriction and Agreement. 3. Co-signers may be approved for ownership projects but shall not occupy the unit unless qualified by the Town. 4. The following procedures are described for the reader's information and some of which are delineated in the Occupancy and Resale and Agreement which is required to purchase of the Affordable Housing Unit. a. Units with the highest offers of equal amounts and equal priority status shall be placed in a lottery, which will be held within a reasonable amount following the deadline for bids. b. Leave of Absence may be granted for one year subject to clear and convincing evidence, which shows a reason for leaving and a commitment to return to the Avon/Eagle County area and shall be approved by the Town. Said evidence shall be in written form presented to the appropriate Homeowner's Association and to the Town 30 days prior leaving for review and recommendations. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extended for one year, but in no event shall it exceed two years. The unit may be rented under the Town's rental guidelines, during said year or years, to a qualified resident in the Town of Avon and/or Eagle County. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished to the Town. c. If a unit is listed for sale and the owner must relocate to another area, the unit may, upon approval of the Town be rented to a qualified resident, approved by the Town. A letter must be sent to the Town Offices requesting permission to rent the unit until sold. A minimum six (6) month written lease must be provided to the tenants with a sixty (60) day move out clause upon notification that the unit is sold. All tenants must obtain verification from the Town and the unit must rent as defined in the terms of the Occupancy and Resale Deed Restriction and Agreement on the unit. F. DEED RESTRICTIONS The reader is referred to the “Occupancy and Resale Deed Restriction and Agreement”, which is available at the Town of Avon Offices. G. FORECLOSURE The Town of Avon (the "Town") may, pursuant to an agreement entered into in connection with any first lien deed of trust or mortgage to be secured by the affordable housing unit, agree to release and waive their ability to enforce the resale restrictions contained herein, in the event of foreclosure, provided that such agreement grants to the Town Council and Authority, the option to acquire the affordable housing unit within 30 days after the expiration of the statutory redemption period for an option price not to exceed the redemption price on the last day of the redemption period. The following option provisions shall be included in loan documents, or in a separate agreement entered into in connection with loan documents, and shall be executed by the lender, the Town council, and the Authority. In the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust or mortgage on the affordable housing unit, and subject to the issuance of a pul1,lic trustee's or sheriff's deed to the holder following the expiration of the borrower's redemption rights, the Housing Authority of the Town of Avon ("Authority") and the Town Council of the Town of Avon, Colorado (the "Town Council") shall have the option to purchase the affordable housing unit which shall be exercised in the following manner: 1. Notice. The holder shall give notice to the Authority and the Town Council that a certificate of purchase with respect to the affordable housing unit has been issued to said holder by the Public Trustee of Eagle County. such notice will be given within 10 days of the issuance of the certificate. Notice shall be deemed given upon being placed in the U.S. Mail, First-class postage prepaid, and addressed as follows: Town Manager, Town of Avon P.O. Box 975 Avon, CO 81620-0975 2. First Option. The Town council shall have 15 days after the expiration of the borrower's statutory right to redeem in which to exercise its option by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower on the last day of the redemption period. 3. second Option. The Authority shall have 15 days after the expiration of the Town Council’s option as set forth above to exercise its option to purchase the affordable housing unit by tendering to the holder, in cash or certified funds an amount equal to the redemption price which the borrower would have been required to pay on the last day of the redemption period. 4. Title. Upon receipt of the option price, the holder shall deliver to either the Authority or the Town Council a special warranty deed, conveying the property to either the Authority or the Town Council. Title shall be merchantable, free and clear of liens and encumbrances which would render title unmerchantable. In the event that neither the Authority or the Town council exercise their respective options as provided above, the Authority and the Town Council shall cause to be recorded in the records of the Clerk and Recorder of Eagle County, a full and complete release of the covenants restricting such unit to Affordable Housing use which appear in said records in Book ( ) Page ( ). Such release shall be placed of record within three days after demand therefore by the holder following expiration of the options. DEFINITIONS Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets. Authority – The Housing Authority of the Town of Avon. Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom – That portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Capital Improvements – Any fixture erected as a permanent as a permanent improvement to real property or that which adds to the value of the property. Co-signer – A joint signer of a promissory note who shall not be on the deed of ownership on the housing unless qualified under the Guidelines but may be collateralized by a lien. Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. County Resident – Person living and/or working within Eagle County or persons persons having a job commitment with an Eagle County employer. Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of gross income. Displaced Tenants – Any person who is removed from his/her residence due to conversion or reconstruction of a project. Emergency Worker – An employee or volunteer of a community based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee – A person who works a minimum of 30 hours per week, 9-months per year, in Eagle County. Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in Eagle County. Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. Financial statement – A statement detailing all personal assets, liabilities, and net worth (the difference between assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of his or her to its debts. Gross Income – The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Handicapped Person – A person shall be considered handicapped within the meaning of the Rehabilitation Section 504 Act of 1973 and C.R.S.24-34-301. Household Income Combined – Adjusted gross income of all individuals who will be occupying the unit regardless of legal status. Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Lottery – A drawing of lots to select a winner from equal applicants of highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the resale agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets – Gross assets minus liabilities. Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. Qualified Person – A full-time employee who is paid annually on a basis of 1170 or more hours per year, senior, handicapped person, or dependent of any of these, as defined by the IRS who elect to execute a contract with the Authority obligating such person ( s) to occupy the affordable housing unit as their sole place of residence. Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Senior – A person the age of 62 years or more. Tenancy-in-common – Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to his or her heirs or beneficiaries and not to the surviving tenants in common. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 22, 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 August 22, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Phillips. Also present were Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Community Development Director Matt Pielsticker, Finance Director Scott Wright and incoming Finance Director Paul Redmond, Avon Rec Director Michael Labagh, Human Resources Manager Karyne Spadi, and Sustainability Coordinators Charlotte Lin and Sarah Smith-Hymes. Absent was Town Manager Eric Heil. 2. APPROVAL OF AGENDA Video Start Time: 00:00:50 Mayor Phillips initiated the meeting with the Agenda approval process. There were no requested changes to the Agenda. Without further discussion, Councilor Thuon made a motion to approve the Agenda. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:17 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:30 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. She then clarified that the 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 or on Zoom, and no public comment was made in person nor on Zoom. 5. BUSINESS ITEMS 5.1. Proclamation: Honoring Scott Wright for his years of Service (Town Manager Eric Heil) Video Start Time: 00:02:04 Mayor Amy Phillips read the proclamation honoring Finance Director Scott Wright into the record, congratulating, and thanking Mr. Wright for his many distinguished years of service. A picture of Councilors and Mr. Wright was captured memorializing the proclamation he was presented. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 22, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5.2. Presentation: Eagle Valley Trail Update (Kevin Sharky, Eagle County Trails Manager) Video Start Time: 00:07:38 Kevin Sharky delivered his presentation related to the Eagle Valley Trail and its improvements. He fielded questions from Councilor Stanley and Mayor Pro Tem Underwood on the existing route and condition of the trail. No public comment was made in person nor on Zoom. 5.3. Work Session: Cost Share Program for Commercial Outdoor Recycling Bins and Recycling Totes for Multi-Family (Sustainability Coordinator Sarah Smith Hymes) Video Start Time: 00:17:30 Sustainability Coordinator Sarah Smith Hymes delivered her presentation noting that the goal of this program is to get people to recycle. Questions from Council included whether there was a plan for Avon businesses to receive recycling materials like those presented to residents, and if training materials were made from recycled materials. Also, how much the bag fee created in revenue, which was approximately $129,350, and how the recycling and wildlife ordinance would be enforced. It was noted and explained why the recycling container offered was smaller in size, based on space availability in multi-family units. Councilor Thuon suggested that materials under this program advertise that they were paid for by the bag fee collected by the Town and consider that to accelerate recycling adoption by local businesses, staff explore the use of a sign-up lottery with a prize to include a year of free trash recycling. Consensus and direction from Council was to move forward with the program as presented. Mayor Phillips opened the floor to public comment and Wayne Hanson, resident of Avon at Chapel Square of Avon HOA took the podium to state they have had recycling for quite a while but lack education to discontinue the use of plastic bags when transporting recyclables to their dumpster. Ms. Hymes noted she has been in contact with the HOA and is awaiting their approval and invitation for a recycling training of their residents. No other public comment was made in person nor on Zoom. 5.4. Presentation: Update on Avondale Apartments (Planning Director Matt Pielsticker) Video Start Time: 00:43:11 Planning Director Matt Pielsticker delivered his presentation related to an update on the development of the Avondale Apartments. Questions from Council included the level of response for RFPs under this project, which prefabrication materials are being stored in Town, design restrictions in panelized and modular construction, assurances that each unit will have usable outdoor living space such as a terrace or deck and a storage space for each unit. No public comment was made in person nor on Zoom. 5.5. Resolution 23-18: All Electric Net Zero Housing (Town Manager Eric Heil) Video Start Time: 01:00:53 Community Development Director Matt Pielsticker introduced the topic of Resolution 23-18 on behalf of Town Manager Eric Heil. Mayor Pro Tem Underwood asked Pielsticker to talk about AVON REGULAR MEETING MINUTES TUESDAY AUGUST 22, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 precision cooktops and their efficiency, and he offered to come back and speak about those once accompanied by an expert since he is not prepared to speak about them. Councilor Carroll asked what the difference is in utilities between all electric versus gas and electric and noted that the Resolution uses the verb should instead of shall which he observed made Net Zero encouraged but not mandatory. No public comment was made in person nor on Zoom. After deliberations, Councilor Stanley made a motion to approve Resolution 23-18. Mayor Pro Tem Underwood seconded the motion. It was approved with a 5-2 vote, with Councilors Carroll and Thuon voting nay. After the vote, Councilor Carroll added that he is in favor of Net Zero and energy efficiency but that this Resolution feels forced down his throat with no information on the full cost and consequence of the decision to adopt Net Zero. He repeated he is in favor but not knowing that information bothers him, and the Resolution as presented doesn’t allow him to make a fully informed decision. 6. MINUTES 6.1. Approval of the August 8, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:08:13 With no discussion or correction, Mayor Pro Tem Underwood moved to approve the Minutes from August 8, 2023, as presented. Councilor Stanley seconded the motion. They were approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Dean Stockdale) 7.2. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.3. Post-event Brief Open Water Swim Meet August 12thm 2023 (Megan Hershey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:08:46 Mayor Phillips noted Governor Jared Polis issued an executive order related to construction and housing, and asked Town Attorney Karl Hanlon to give Council his opinion on the matter. Hanlon stated that the Governor issued executive order 2023-124 directed at housing initiatives in the State, establishing strategic growth goals many of which were identified in a CAST (Colorado Association of Ski Towns) memo which he helped draft. He said the order directs State agencies to look at housing in local jurisdictions with an interdepartmental approach, not just through DOLA but also through relevant agencies such as Department of Housing, Department of Transportation, Department of Local Affairs, Department of Health and the Environment, among others, so that by December 15, they determine what programs those Departments offer to support housing in Colorado. He closed his remarks explaining the order lays framework and sets the stage AVON REGULAR MEETING MINUTES TUESDAY AUGUST 22, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 for next the legislature to look broadly to solve the housing stock crisis in Colorado. Mayor Phillips noted that on Thursday August 24, 2023, she and Councilor Stanley will attend a CAST meeting in Basalt, accompanied by Town Manager Eric Heil, and will tour a local housing project prior to meeting. Councilor Thuon asked for 40 copies of the Firewise Accreditation materials for Wildridge from Town Clerk Miguel Jauregui Casanueva, and noted he would like to personally make them available to Insurance Companies and neighbors. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 06:18 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 Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, CASE Manager RE: Salute to the USA Post Event Report DATE: September 5, 2023 SUMMARY: This report contains a summary of Staff findings, observations and reporting as well as Intercept Insights Survey data on the 37th annual Salute to the USA event, on July 3rd, 2023. This is submitted as a written report and no action by Council is requested. BACKGROUND: Avon’s hallmark and signature event Salute to the USA was held for the 37th year on Monday, July 3rd, 2023. The event is well established and can draw upwards of 25,000 people to Harry A. Nottingham Park and surrounding areas. This year’s event included fireworks which we have not had on July 3rd, since 2019. Additionally, and based on feedback received through the event survey last year, Staff contracted for more family entertainment options which included new elements such as a 360-video station, silent disco, “Heart Intention / Pray Flag” art activation, in addition we continue to offer inflatable features (6), face painters (3), magician (1), balloon sculptors (2) and themed stilt walkers (2). POST EVENT REPORT: Over the years and specifically since 2019, Salute to the USA has become more sophisticated with marketing and promotion tactics, operations and logistics, safety and security, stage production, and activations resulting in a memorable and shareable experience for attendees. The event was executed well, and all operational aspects were smooth considering the fireworks logistics we have not had since 2019. All departments and staff were positive, initiative-taking, communicated well and did a fantastic job. The number of guests through the gates is estimated at 19,439 (approximate guest count in 2022 = 18,534; 2021 = 8,300, 2019 = 21,232). Guests were clicked by volunteer personnel as they accessed the venue via four main entry points located at (1) Gate D between the Recreation Center and Library, (2) Gate C Lake Street South terminus, (3) Gate B Lake Street North terminus, and (4) Gate A pedestrian bridge near the playground. Estimating crowd attendance at a free event / venue is more art than science. However, using the data that we collected, and the historical and institutional knowledge of Staff, we are able to get relatively close to an actual attendance number. Based on the increase in bar sales, portable restroom capacity, volume of trash, recycle, and compost products, food vendors lines, bus ridership reports and the inability of Staff to move easily through the venue, Staff believes the attendance to be larger than the 19,439 people clicked at the gates. Using a crowd sourcing tool (Map Checking Crowd Counting) and a standing crowd density vs. moving crowd density, Staff analyzed images for 1 person per square meter (1 square meter is equal to 10.764 sq. ft.), 1.25 people, 1.35 people, 2 people and 2.5 people per square meter. Table 1 below illustrates the correlating crowd density per square meter. Table 1 Page 2 of 4 Furthermore, Staff used the crowd sourcing images and compared them to actual drone images taken during the event. Staff’s opinion is the crowd density is more than 1 person per square meter, but not as dense as 1.5 people per square meter. Based on the analysis, considering picnic blankets and low back chairs, and cautious not to over inflate an attendance number, Staff estimates attendance is likely closer to 22,000 to 24,000 which equates to 1.25 to 1.35 people per square meter. A visual demonstration of what 1 – 3 people per square meter looks like, and images of crowd density taken during Salute to the USA is provided as Attachment A. Intercept Insights, LLC surveyed the event via in-person intercept and QR code methods in both English and Spanish; 24.3% of the responses were recorded in Spanish. The survey report highlights are provided below, and the full survey report is provided as Attachment B. Furthermore, to provide the granular detail on accommodations by type and location, which is available on the digital survey dashboard but not on Attachment B; Staff has provided screenshots of this information in Attachment C. 1. Total completed surveys – 144 | 107 In-person Intercepts | 37 QR Code Completions 2. Sample size provides statistical validity with an error rate of 8.1% at a 95% confidence interval 3. Estimated attendance – 22,000 4. Estimated revenue generated to the Town of Avon - 2.7M 5. 78% of the attendees came to Avon, CO specifically for the Salute to the USA (Increase of 5% over 2022) 6. 65% of the attendees had attended Salute to the USA in the past (increase of 3% over 2022) 7. “Word-of-mouth” and “Poster” were selected most when asked, “How did you hear about, and/or where did you see advertising for Salute to the USA?” (Word of mouth and newspaper in 2022) 8. 88% of the attendees staying in paid lodging stayed in Avon, CO (Increase of 21% over 2022) 9. 83% are “Very” or “Extremely Likely” to return in the future (Decrease of 4% over 2022) 10. Average nights stayed in paid lodging in Avon, CO – 4.3 (Decrease of 1.2% over 2022) 11. Average group size of those lodging in Avon, CO – 3.5 (Increase of 1.4 persons over 2022) 12. Average age of respondents – 45 | Average age of children under 18 – 8.3 13. Estimated number of room nights generated in Avon – 2,710 (Decrease of 1,403 room nights over 2022) 14. Estimated average nightly rate in Avon - $380 (Decrease off $50 per room/night) Also, in the open-ended questions section of the survey participants were asked, “What can we do to increase your likelihood to recommend this event?” The most common responses were (1) related to more restrooms, parking, and amenities (2) related to food vendors (more of them, space them out, shorter lines) (3) related to water (more filling stations and/or don’t require guests poor out liquids in non-sealed containers) and (4) bigger, better bands and/or non-Latino music. And when asked “Is there one think we can do to enhance your experience in the future?” The most common responses were similar to those above. The remainder of this report provides a brief list of what Staff believes functioned well, and areas identified as needing improvement and/or adjustment. Additionally, a detailed Final Post Event Brief arranged by (1) Production & Talent (2) Security, Medical & Emergency Response (3) Sanitation & Resource Recovery (4) Marketing, Promotions & Communications (5) Transportation & Parking; and (6) Operations & Logistics to allow for ease of organizing the information, the Final Post Event Brief is provided and attached as Attachment D. Additionally, a mini photo gallery is provided as Attachment E. Page 3 of 4 Functioned Well: 1. The addition of gate signage aided internal communication and way finding. 2. The addition of two (2) security personnel at each of the four (4) main entrances allowed lines to move quickly and efficiently. 3. Increasing Walking Mountains personnel, number of “Zero Hero” stations, and two (2) 8-yard dumpsters on the north side of the park supported more accurate diversion reporting and helped decrease trash left in the park. 4. Not providing VIP parking and opening the Rec. Center north lot for vendors and ADA parking. 5. Increased bar sales by 83.57%; from $28,000 last year to $51,400 this year. a. Approx. Sales Tax generated by bar sales = $3,508 6. Increased food vendors by 46%; from 15 last year, to 22 this year. a. Approx. Sales Tax generated by food vendors = $2,500 7. Increased number of standard portable restrooms by approximately 10 and moved two banks of restrooms to different locations for higher visibility. 8. Addition of tear-off vouchers for VIP access and food aiding in tracking entries and food; collected 202 access vouchers 155 food vouchers. 9. Avon Transit Special Event Shuttle reporting shows a 40.61% increase in overall ridership over last year (no boom scenario). 10. Expanded Avon Transit Special Event Shuttle to Wildridge community; approximately 100 total riders. 11. Use of 21 Meridian Vehicle Barries at all four (4) main gates for increased guest safety and visually enhanced / welcoming entrances. 12. Kaleidoscope Production provided stage production and the new video walls and uplighting on trees were nice additions. 13. Addition of the “Heart Intention / Prayer Flag” art activity; 200 unique creations to be hung on the Main Street Mall this September. 14. Addition of the “360 Selfie Video” activity which reported 78,556 total impressions and 23,472 social reaches. 15. Re-write of Pyrotechnical Protocols and accompanying maps, and Security, Medical and Emergency Response plans was a good exercise and appreciated by Western Enterprises, Avon Police Department and external emergency agencies supporting the event. 16. Reimagining the venue design and layout with Avon PD and Public Operations for maximum efficiency and guest flow. 17. Pre-event communications, planning materials and “All Staff Meeting” was well received and supported everyone’s success. 18. Staff Comments: a. Michael Labagh: “Can’t say it enough – what a spectacular event! Great job!” b. Max Morgan: “This was such a terrific event, and I was glad to be involved. You two continue to find amazing talent from far and wide and showcase what’s great about the Town. c. Craig Wilmers “The event was absolutely outstanding, and the Town did what it always does… puts on one heck of a perfect show!” Page 4 of 4 Areas for Improvement / Adjustment: 1. Chain-link fencing not securely attached to public restroom building and Rec. Center creating gaps and opportunity for attendees to bypass bag check. 2. Chain-link fencing on Lake Street was extended to the north to allow “more runway” for bag check, ingress, etc. This change did not yield improved results. 3. Rent additional golf carts for staff to timely complete setup and tear down tasks. 4. Close and secure “Fit Court” for safety, damage, and risk concerns. 5. Better communication with SUP CO and/or Rec. Department about closure of lake and SUP CO operations, and mechanism / equipment used to close lake. 6. Better communications and signage about closing the fishing pier and boat dock. 7. Provide laptop at VIP check in table to streamline check in process. 8. Continue to fine tune routine / consistent breaks for staff positioned in roles where needed at all times, such as clicking attendees at gates, roadways, and check in. 9. Additional ADA parking is needed; approximately 50+ spaces were needed and only 23 were secured / identified. 10. Additional communication about location of ADA parking and on-site signage for ADA parking. FINANCIAL CONSIDERATIONS: The Approved 2023 Budget event expense is $295,313 and at the time of this report, the year to date spend is $304,810.55, representing an overspend of $9,497.55 or 3.21%. The Approved 2023 Budget event revenue projection is $46,100 ($10,000 in sponsorship, $28,000 in bar sales, and $8,100 in vendor booth fees), and the actual year to date gross revenue is $60,750 ($0 in sponsorship, $51,400 in bar sales and $9,350 in vendor booth fees) Therefore, at the time of this report, the net expense is $244,060.55. The bar sales are up by 83.57% representing approximately $51,400 in gross sales the units sold is up by 28%, with 7,306 units sold this year compared to 5,713 units sold in 2022. Thank you, Danita Attachment A: Crowd Density Attendance Analysis Attachment B: Salute to the USA Survey Report Attachment C: Accommodations Filter by Type & Location Attachment D: Final Post Event Brief – Salute to the USA 2023 Attachment E: Photo Gallery & Video Salute to the USA Attachment A September 5, 2023 ATTACHMENT ACrowd Density Attendance Analysis Salute to the USA 2023 The information below was provided on the Map Checking Crowd Counting website and linked to Crowd Safety and Crowd Risk Analysis (Prof. Dr. G. Keith Still). The diagrams below illustrate the standing density in people per square meter. The top left image shows one person in each square, and the bottom left image shows one person per square meter but with random distribution (2 people in one square and 0 persons in the fourth). Noting that crowds rarely pack in regular formations. The top right and bottom right images illustrate what 1 person per square meter looks like. The top left image illustrates 1.5 person per square meter and the bottom left image illustrates 2 people per square meter. The top right image illustrates 2.5 person per square meter and the bottom right image illustrates 3 people per square meter. Drone images during Salute to the USA 2023 showing the crowd density in the main event venue and estimated to be 22,000 to 24,000 people. Zoomed in drone images during Salute to the USA 2023 showing crowd density, illustrating that the crowd is not packed in uniform formations and like the images demonstrating 1.00 to 1.5 people per square meter crowd density. Map Checking Crowd Source illustrating a venue crowd lightly packed at 18,011 people at 1 per person per square meter. Map Checking Crowd Source illustrating a venue crowd lightly packed at 22,514 people at 1.25 per people per square meter. Map Checking Crowd Source illustrating a venue crowd lightly packed at 24,315 people at 1.35 per people per square meter. Map Checking Crowd Source illustrating a venue crowd approaching crowded at 36,022 people at 2 per people per square meter. Map Checking Crowd Source illustrating a venue crowded at 44,966 people at 2.5 per people per square meter. SALUTE TO THE USA DASHBOARD JULY 2023 Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT B OBJECTIVES The Town of Avon invested in a third party research company, Intercept Insight, LLC, to conduct intercept surveys during Salute to thte USA to help quanfy decisions and increase performance related to the event. With this insight, the Town is able to evaluate economic contribuons of the event, develop objecves to increase the overall performance, market effecvely, and provide sponsors with valuable data regarding the event. The Town of Avon idenfied several objecves for this study. Objecves: v A)endee details (e.g. reason for vising Avon, prior a)endance, loyalty) v Intent to return to the event v Quanfy recommendaons v Evaluate event performance v Esmate spending habits v Esmate revenue generaon v Understand media effecveness/awareness v Obtain demographical and geographical data v Determine accommodaons, nights stayed, town stayed in, etc. v Town of residence/Neighborhood v Newspaper Adversing SALUTE TO THE USA METHODOLOGY The Town of Avon and Intercept Insight designed a core set of quesons intended to meet the objecves of the study, including some event specific quesons. Once the survey was approved the quesons were programmed into a survey design tool and then uploaded to tablets. The surveys were then conducted in-person using the tablets to collect the data. In-person intercepts were conducted on July 3rd, 2023 throughout the event locaon. Surveyors were hired and trained to conduct the intercepts in a way so that a random representave sample of the populaon was being collected each day. Those surveyed must have been 18 years of age or older. A sample plan was designed, and a quota was met to ensure stascal validity. Once the quota were met, the data was downloaded using a stascal so8ware and prepared for analysis and reporng. The Town of Avon requested the survey to be translated to Spanish to ensure diversity within the sample, and a QR to be created to help increase the sample size. Nearly a quarter of the responses were recorded in Spanish. SALUTE TO THE USA SALUTE TO THE USA FILTERS 2023 0K 5K 1.. 1.. 2.. 2.. 3.. 3.. 4.. 4.. 5.. . . . . . . . . . 22,000 $2,668,905 Attendance and Revenue Generation Year 2023 SALUTE TO THE USA FILTERS 2023 0% 20% 40% 60% 80% 100% 2% 25% 71% 73% Net Promoter Score Year 2023 Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 2023 2023 2023 2023 2023 0 20 40 60 80 100 89 83 87 90 87 Attribute Satisfaction Ratings SALUTE TO THE USA FILTERS Better headline band Bring back big bands Continue real fireworks don’t have to dump water It’s 4th of July not Cinco de Mayo, don’t bring Latino music to an American independence celebration. more amenities More bathrooms? More chairs more food trucks more parking More space Parking shorter lines Space the food vendors out The amount of people has made it more and more difficult to attend but that’s a good thing so it’s not really a good complaint What can we do to increase your likelihood to recommend this event? Year 2023 SALUTE TO THE USA FILTERS better food prices dont have to dump water More food more kids activities NA Not to play Latino music nonstop for 2hrs. Prepare more water at filling stations Shorter food lines Is there one thing we can do to enhance your experience in the future? Year 2023 SALUTE TO THE USA FILTERS Came for event Heard about it after arrival 2023 2023 0% 20% 40% 60% 80%78% 22% Reason for Visiting Avon Year 2023 Not at all Likely Not Very Likely Somewhat Likely Very Likely Extremely Likely 2023 2023 2023 2023 2023 0% 10% 20% 30% 40% 1%1% 19% 35% 44% Intention to Return SALUTE TO THE USA FILTERS First year 2 years 3 years 4 years 5+ years 2023 2023 2023 2023 2023 0% 10% 20% 30% 40% 35% 12% 14% 3% 36% Prior Attendance Year 2023 Self Spouse or significant other Family (including children) Family (not including children) Friends and Family Friends Only Group 2023 2023 2023 2023 2023 2023 2023 0% 10% 20% 30% 7% 21% 28% 6% 18%19% 2% With Whom Attended SALUTE TO THE USA FILTERS Yes No 2023 2023 0% 50% 100%95% 5% Are you with children < 18? Year 2023 1 C h i l d 2 C h i l d r e n 3 C h i l d r e n 4 C h i l d r e n 5 C h i l d r e n Mo r e t h a n f i v e ch i l d r e n 2023 2023 2023 2023 2023 2023 0% 20% 40% 60% 13% 50% 24% 5%5%3% Number of Children < 18 2023 0.0 2.0 4.0 6.0 8.0 8.3 Average Age of Children SALUTE TO THE USA FILTERS Em a i l Ra d i o Ne w s p a p e r Fr i e n d s / F a m i l y To w n o f A v o n We b s i t e Dis c o v e r A v o n We b s i t e Go o g l e S e a r c h Ot h e r W e b s i t e Fa c e b o o k In s t a g r a m Po s t e r Co n c i e r g e Ba n d s i n T o w n Ot h e r 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 20% 40% 2%5% 15% 44% 10% 3% 10% 1% 8%5% 20% 2%3% 12% Media/Awareness Year 2023 Va i l D a i l y ( P r i n t ) va i l d a i l y . c o m su m m i t d a i l y . c o m Ot h e r No n e o f t h e s e 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 50% 100% 81% 29% 5% Newspaper Advertising SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12%6%3%1%1% Accommodations Year 2023 Avon Vail Eagle Dillon/Silverthorne Edwards Gypsum Minturn 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60% 80% 67% 8% 2%2% 14% 6%2% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 8%12%6%3%1%1% 12% Accommodations Year 2023 Avon Vail 2023 2023 0% 20% 40% 60% 80% 100% 88% 12% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%12%6%3%1%1% 8% Accommodations Year 2023 Avon Eagle Edwards Gypsum 2023 2023 2023 2023 0% 10% 20% 30% 40% 50% 45% 9% 27% 18% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%6%3%1%1% 12% Accommodations Year 2023 Avon Dillon/Silverthorne Edwards Minturn 2023 2023 2023 2023 0% 20% 40% 60%60% 10% 20% 10% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12% 3%1%1%6% Accommodations Year 2023 Avon Vail 2023 2023 0% 20% 40% 60% 80%78% 22% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying HIGHLIGHTS v Total completed surveys – 144 | 107 In-person Intercepts | 37 QR Code Compleons v Sample size provides stascal validity with an error rate of 8.1% at a 95% confidence interval v Esmated a,endance – 22.000 v Esmated revenue generated to the Town of Avon - 2.7M v Net Promoter Score – 71 v Overall Sasfacon Score – 89 v 78% of the a,endees came to Avon, CO specifically for the Salute to the USA v 65% of the a,endees had a,ended Salute to the USA in the past v 79% are “Very” or “Extremely Likely” to return in the future v “Word-of-mouth” and “Poster” were selected most when asked, “How did you hear about, and/or where did you see adversing for Salute to the USA?” v 81% of those who saw adversing in a newspaper, saw it in a Vail Daily print ad v 88% of the a,endees staying in paid lodging stayed in Avon, CO v Average group size of those staying in paid lodging in Avon, CO - 3.5 v Average nights stayed in paid lodging in Avon, CO – 4.3 v Esmated number of room nights generated in Avon – 2710 v Esmated average nightly rate in Avon - $380 v Average age of respondents – 45.0 | Average age of children under 18 – 8.3 SALUTE TO THE USA SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12%6%3%1%1% Accommodations Year 2023 Gypsum 2023 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12%6%3%1%1% Accommodations Year 2023 Edwards 2023 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60% 12%8%12%6%3%1%1% 58% Accommodations Year 2023 Avon Edwards 2023 2023 0% 10% 20% 30% 40% 50%50%50% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS 1 - 2 3 - 5 6 - 7 8 - 10 11 - 14 2023 2023 2023 2023 2023 0% 10% 20% 30% 40% 22% 39% 31% 6% 2% Nights Stayed Categories (All Accommodations) Year 2023 2023 0.0 1.0 2.0 3.0 4.0 5.0 4.3 Average Nights Stayed (Paid Lodging in Avon) SALUTE TO THE USA FILTERS Lodging Spend Dining Spend Vendor Spend Retail Spend Activities Spend 2023 2023 2023 2023 2023 $0 $500 $1,000 $1,131 $114 $73 $41 $53 Average Household Spend in Avon by Category Year 2023 2023 $0 $100 $200 $300 $400 $380 Average Nightly Rate Generated in Avon 2023 0 500 1,000 1,500 2,000 2,500 3,000 2,710 Room Nights Generated in Avon SALUTE TO THE USA FILTERS 1% 4% 1% 1% 1% 1%2% 1% 1% 1% 1% 1% 1%1% 1% 1% 75% 1% 1% © 2023 Mapbox © OpenStreetMap Origin Year 2023 1%75% Percentage SALUTE TO THE USA FILTERS Co l o r a d o Te x a s Flo r i d a Ge o r g i a Ka n s a s Me x i c o Mis s o u r i Ne w J e r s e y Ne w M e x i c o No r t h C a r o l i n a Oh i o Ut a h Ar k a n s a s Ca l i f o r n i a Co l o m b i a El S a l v a d o r Il l i n o i s In d i a n a Lo u i s i a n a Ne b r a s k a Ok l a h o m a Or e g o n Ve n e z u e l a 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 10% 20% 30% 40% 50% 60% 70% 80%75% 4%1%1%1%1%1%1%2%1%1%1%1%1%1%1%1%1%1%1%1%1%1% States of Origin Year 2023 Local In-State Overnight Out-of-State International 2023 2023 2023 2023 0% 20% 40% 60%58% 17%21% 3% Market Segment SALUTE TO THE USA FILTERS Av o n Ed w a r d s Va i l Ea g l e V a i l Gy p s u m Ea g l e Min t u r n Oth e r ( p l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 10% 20% 30% 25% 28% 7%7%8% 18% 1% 6% In which community do you live? Year 2023 Ea s t C o r e ( v a l l e y f l o o r e a s t o f A v o n R o a d – Ch a p e l S q u a r e ) Hu r d L a n e / E a g l e b e n d Mo u n t a i n S t a r No r t h s i d e – M e t c a l f a n d N o t t i n g h a m R o a d s No t t i n g h a m P a r k / L a k e A r e a Ot h e r ( p l e a s e s p e c i f y ) To w n C o r e A r e a ( b e t w e e n A v o n R o a d a n A v o n Re c C e n t e r ) Vil l a g e a t A v o n , P i e d m o n t , B u f f a l o R i d g e We s t A v o n ( v a l l e y f l o o r w e s t o f A v o n Ele m e n t a r y – S u n r i d g e / A s p e n s / L i f t v i e w ) Wil d r i d g e 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 20% 40% 5%9%9%5% 14% 5%5%5%9% 36% In which part of Avon do you live? SALUTE TO THE USA FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/ children not living at home Single w/o children Prefer not to answer 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 20% 40% 33% 18% 13% 2% 26% 7% Family Status Year 2023 Own Rent Prefer not to answer 20 2 3 20 2 3 20 2 3 0% 50% 75% 20% 5% Own vs. Rent Primary Residence SALUTE TO THE USA FILTERS So m e H i g h S c h o o l Hig h S c h o o l So m e C o l l e g e As s o c i a t e s D e g r e e ( 2 y e a r ) Ba c h e l o r ' s D e g r e e ( 4 Y e a r ) Po s t G r a d u a t e D e g r e e Pr e f e r n o t t o a n s w e r 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 20% 40% 60% 2%8%14%7% 42% 23% 4% Education Level Year 2023 St u d e n t $0 - $ 2 4 , 9 9 9 $2 5 , 0 0 0 - $ 5 4 , 9 9 9 $5 5 , 0 0 0 - $ 7 4 , 9 9 9 $7 5 , 0 0 0 - $ 9 9 , 9 9 9 $1 0 0 , 0 0 0 - $ 1 9 9 , 9 9 9 $2 0 0 , 0 0 0 - $ 4 9 9 , 9 9 9 $5 0 0 , 0 0 0 + Pr e f e r n o t t o a n s w e r 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 10% 20% 30% 4%2% 5%4% 11% 25% 20% 5% 25% Income Categories SALUTE TO THE USA FILTERS Female Male Prefer not to answer 20 2 3 20 2 3 20 2 3 0% 20% 40% 60% 45% 54% 1% Gender Year 2023 Wh i t e / C a u c a s i a n His p a n i c / L a t i n x Bla c k / A f r i c a n Am e r i c a n As i a n Na t i v e Am e r i c a n / A m e r i c a n In d i a n Na t i v e Ha w a i i a n / P a c i f i c Is l a n d e r Ot h e r Pr e f e r n o t t o a n s w e r 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 50% 100% 69% 29% 1%2%1%0%0%1% Ethnicity 18 - 20 21 - 24 25 - 34 35 - 44 45 - 54 55 - 64 65+ 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 10% 20% 30% 2% 5% 19% 29% 22% 13% 10% Age Categories 20 2 3 0.0 10.0 20.0 30.0 40.0 50.0 45.0 Average Age SALUTE TO THE USA FILTERS Ou t d o o r E n t h u s i a s t (c a m p i n g , h u n t i n g , fi s h i n g ) Tr a v e l e r Wi n e & F o o d i e Sp o r t s E n t h u s i a s t (h i k i n g , b i k i n g , sk i i n g ) He a l t h & F i t n e s s Ho m e E n t h u s i a s t (g a r d e n i n g , p e t ow n e r , a v i d r e a d e r ) Te c h E n t h u s i a s t In v e s t m e n t & M o n e y Ho b b i e s & I n t e r e s t s (c o l l e c t o r , c r a f t s , ho m e s h o p ) Cr a f t B e e r En t h u s i a s t Ar t s E n t h u s i a s t (m u s i c , d a n c e , Th e a t r e ) Liv e M u s i c En t h u s i a s t Ot h e r 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 20 2 3 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 52%51% 33% 39% 29% 18% 4% 20% 16% 25% 22% 35% 2% Lifestyle Categories Year 2023 SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60% 12%8%12%6%3%1%1% 58% Accommodations Year 2023 Avon Edwards 2023 2023 0% 10% 20% 30% 40% 50%50%50% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying ATTACHMENT C SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 8%12%6%3%1%1% 12% Accommodations Year 2023 Avon Vail 2023 2023 0% 20% 40% 60% 80% 100% 88% 12% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%12%6%3%1%1% 8% Accommodations Year 2023 Avon Eagle Edwards Gypsum 2023 2023 2023 2023 0% 10% 20% 30% 40% 50% 45% 9% 27% 18% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%6%3%1%1% 12% Accommodations Year 2023 Avon Dillon/Silverthorne Edwards Minturn 2023 2023 2023 2023 0% 20% 40% 60%60% 10% 20% 10% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12% 3%1%1%6% Accommodations Year 2023 Avon Vail 2023 2023 0% 20% 40% 60% 80%78% 22% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12%6%1%1%3% Accommodations Year 2023 In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12%6%3%1%1% Accommodations Year 2023 Gypsum 2023 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Tim e s h a r e VR B O / A i r B n B Ca m p i n g Oth e r ( P l e a s e sp e c i f y ) 2023 2023 2023 2023 2023 2023 2023 2023 0% 20% 40% 60%58% 12%8%12%6%3%1%1% Accommodations Year 2023 Edwards 2023 0% 20% 40% 60% 80% 100%100% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying ATTACHMENT D - POST-EVENT BRIEF EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Salute to the USA Monday, July 3rd, 2023 Start Time: 5:00pm End Time: 10:30pm ☒ Town Produced ☐ 3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Harry A. Nottingham Park and Avon Performance Pavilion 22 – 24,000 estimated attendees 19,439 people captured /clicked at gates • GATE A: 7,147 (PLAYGROUND) • GATE B: 3,429 (LAKE STREET N.) • GATE C: 3,751 (LAKE STREET S.) • GATE D: 5,112 (LIBRARY/REC.) Temp: High 88 Low 46 Wind: Strong gusts of 28 MPH at approx. 5:35 p.m. which quickly passed. Sustained wind speed between 0-8 MPH. Rain/Snow: N/A BRIEF EVENT DESCRIPTION We invite you to take part in the family friendly festivities in Harry A. Nottingham Park with face painters, holiday themed stilt walkers, balloon sculptors, magicians, inflatable fun houses and so much more! Bring your blanket and enjoy festival style food favorites from fresh squeezed lemonade and funnel cakes to turkey legs and roasted ears of corn. Live music from Grammy Award winning artists is sure to keep you dancing and singing, followed by one of the biggest fireworks show in Colorado over Nottingham Lake! Opener: Jenny and the Mexicats Headliner: Los Lonely Boys EVENT DETAILS CASH FUNDING IN-KIND FUNDING: ESTIMATED COST ALCOHOL SERVED 2023 ADOPTED BUDGET = $295,313.00 $ _________________________________ ☒ Yes, Town Served ☐ Yes, BYOB ☐ Yes, S.E. Permit ☐ No STAFF OBSERVATI0NS/RECOMMENDATIONS Over the years and specifically since 2019, Salute to the USA has become more sophisticated with marketing and promotions, operations and logistics, safety and security, stage production, and activations resulting in a memorable experience for attendees. The event was executed well, and all operational aspects were smooth considering the fireworks logistics we have not had since 2019. All departments and staff were positive, initiative-taking, communicated well and did a fantastic job. As with any event and production, there are items to improve upon. Functioned Well: • Entrances are in good locations, and guests’ ingress and egress without problems/incidents. • The addition of gate signage aided internal communication and way finding. • The addition of two (2) security personnel at each of the four (4) main entrances allowed lines to move quickly and efficiently. • Increasing Walking Mountains personnel, number of “Zero Hero” stations, and two (2) 8-yard dumpsters on the north side of the park supported more accurate diversion reporting and helped decrease trash left in the park. • Not providing VIP parking and opening the Rec. Center north lot for vendors and ADA parking. • Increased bar sales by 83.57%; from $28,000 last year to $51,400 this year. o Approx. Sales Tax generated by bar sales = $3,508 • Increased food vendors by 46%; from 15 last year, to 22 this year. o Approx. Sales Tax generated by food vendors = $2,500 • Backup system (Starlink) for Wi-Fi to support bar sales. • Increased number of standard portable restrooms by approximately 10 and moved two banks of restrooms to different locations. • Addition of tear-off vouchers for VIP access and food aiding in tracking entries and food; collected 202 access vouchers 155 food vouchers. • Addition of “Production / Artist” parking passes and using a different vendor for printing all parking passes. Page 2 • Food vendors reported doing well, while also reporting difficulties in servicing the volume of people in a short period of time. • Additional lighting for egress. • Avon Transit Special Event Shuttle reporting shows a 40.61% increase in overall ridership over last year (no boom scenario). • Expanded Avon Transit Special Event Shuttle to Wildridge community; approximately 100 total riders. • Addition of bicycle parking on Mikaela Way. • Use of 21 Meridian Vehicle Barries at all four (4) main gates for increased guest safety and visually enhanced / welcoming entrances. • Public Operations, Building and Events Team worked well together and stayed ahead of build schedule. • Peak Performances booked talent which was appropriate and well received; Los Lonely Boys and Jenny and the Mexicats. • Kaleidoscope Production provided stage production and the new video walls and uplighting on trees were nice additions. • Addition of the “Heart Intention / Prayer Flag” art activity; 200 unique creations to be hung on the Main Street Mall this September. • Addition of the “360 Selfie Video” activity which reported 78,556 total impressions and 23,472 social reaches. • Re-write of Pyrotechnical Protocols and accompanying maps, and Security, Medical and Emergency Response plans was a good exercise and appreciated by Western Enterprises, Avon Police Department and external emergency agencies supporting the event. • Reimagining the venue design and layout with Avon PD and Public Operations for maximum efficiency and guest flow. • Pre-event communications, planning materials and “All Staff Meeting” was well received and supported everyone’s success. • Staff Comments: o Michael Labagh: “Can’t say it enough – what a spectacular event! Great job!” o Max Morgan: “This was such a terrific event, and I was glad to be involved. You two continue to find amazing talent from far and wide and showcase what’s great about the Town. o Craig Wilmers “The event was absolutely outstanding, and the Town did what it always does… puts on one heck of a perfect show!” Areas for Improvement/Adjustment: • Chain-link fencing not securely attached to public restroom building and Rec. Center creating gaps and opportunity for attendees to bypass bag check. • Chain-link fencing on Lake Street was extended to the north to allow “more runway” for bag check, ingress, etc. This change did not yield improved results. • Rent additional golf carts for staff to timely complete setup and tear down tasks. • Close and secure “Fit Court” for safety, damage, and risk concerns. • Location of entertainment / art activations on the south side of the Rec. Center west parking was not ideal. • Silent Disco was not as engaging as staff had hoped. • Better communication with SUP CO and/or Rec. Department about closure of lake and SUP CO operations, and mechanism / equipment used to close lake. • Better communications and signage about closing the fishing pier and boat dock. • Provide laptop at VIP check in table to streamline check in process. • Continue to fine tune routine / consistent breaks for staff positioned in roles where needed at all times, such as clicking attendees at gates, roadways, and check in. • Additional ADA parking is needed; approximately 50+ spaces were needed and only 23 were secured / identified. • Additional communication about location of ADA parking and on-site signage for ADA parking. • Secure a battery charging station at check in; even though extra fully charged batteries were supplied, we still ran out. • Consider creating the large event venue map in house instead of outsourcing to Eagle County GIS. Page 3 Production & Talent: • Kaleidoscope Production provided timely, high-quality, professional, and safe stage production and artist production advance. Production enhancements included two (2) video walls and uplighting of trees surrounding the park. • On-site talent needs increased significantly; consider hiring a third-party vendor to facilitate on-site artist hospitality and relations. • Post event cleaning in artist green rooms was significant. • Utilizing Town staff supported by volunteers for pre-event preparation of artist green rooms works well. • Secure event posters to place in green rooms for talent to sign. • Western Enterprises provided a seamless, well-executed, safe, and professionally choregraphed fireworks display. • Request for Proposal (“RFP”) for Pyrotechnic Design and Production was released August 8th with a deadline of August 25th. Proposal review took place on August 31st and contract awarded later this fall subject to budget appropriation. Security, Medical, & Emergency Response: • Re-write of planning document, thorough review by and involvement of Avon PD and external emergency agencies refreshed everyone’s memories on hosting over 20,000 in a 5-hour span of time and was time well spent. • Minimal security breach or medical incidents. • Inviting Avon PD to present during the “All Staff Meeting” was immensely helpful and provided a level of comfort for those staff not typically in a large event environment. • Meridian Vehicle Barriers worked well and will continue to be used in future years, if available, and is safer more appealing solution to large vehicles. • Continue to fine-tune and educate security personnel and staff about (1) the use of and (2) checking for the proper credentials to access secured areas (back of house, stage, VIP, green rooms, etc.). Sanitation & Resource Recovery: • Restrooms: o Increase in the number of ADA and standard portable restrooms. This year there were 80 total units/75 standard/5 ADA/10 hand washing stations.  On the north side of the main athletic field bank of 15/1 ADA were over capacity and overflowed  On the north side of the park bank of 30/3 ADA were at 60% capacity  Lake Street south bank of 15/2 were at 90% capacity  Lake Street north / bus stop bank of 8 were at 85% capacity  Vendors bank of 4 were at 10-15% capacity; grey water tanks at 95% capacity  Sport Courts and Pyro Team bank of 2 were at 35% capacity  Transit Center bank of 1 for transit drivers remained locked and therefore was not used.  VIP Trailer was at 75% capacity o Consider increasing order and/or distributing differently based on capacity reporting. o Considering adding portable restrooms at the Transit Center for egress. o The addition of wayfinding “Restrooms” flutter flags assisted guests in locating facilities. o Public was upset they could not use the VIP restrooms trailer. • Trash, Recycling & Composting: o Large amounts of trash were generated and left on the ground in all areas of the park. o Consider additional and/or larger trash and recycle containers specifically on the north side of the park. Public Operations and Walking Mountains had difficulty in keeping up with the volume during the event. o Highlight and drive awareness to our sustainability messaging and consider adding language encouraging public “to help keep the park beautiful…pick up your trash”. o Walking Mountains was contracted to our “Green Team” and provided pre-event food vendor compliance, Zero Hero station set up, management, tear down, sorting and reporting of all product streams and they did an amazing job! o The diversion rate was 80.92% representing an increase of 14.89% over last year.  Compost = 1,603.12 lbs.  Recycling = 1,265.98 lbs.  Landfill = 676.42  Total Weight = 3,545.52 / Diverted Weight 2,869.10 o Requesting Walking Mountains increase the number of stations and personnel on the north side and in the main venue worked well. There were 22 total stations managed by 19 personnel. o The Town providing wheelbarrows to their team for set up worked well however, due to the volume become too heavy to use post-event to haul trash, recycle and compost. The Town providing a golf cart to this team post-event would be helpful, they are on-site sorting until well after midnight. Page 4 o The addition of grey water disposal tanks at the four main entry gates worked well for guest to dump liquids prior to entering the venue as part of our alcohol management plan. o Consider purchasing additional weights and/or stakes to secure then number of stations as we were short this year and stations were blowing over. Therefore, these stations covered the trash/recycle cans on the north side of the park which exasperated the overflow / volume experience in this location. Marketing, Promotions & Communications: • The marketing and advertising plan dollar spend was minimal, but it yielded great results. Tactics included were Avon.org and Discoveravon.org event landing pages, community calendars (i.e., visitvailvalley.com and vaildaily.com), print advertising, digital promotions, press release, Avon Road banners, social media, radio spots, Last DJ, DJ mentions, bus driver talking points, Avon Road digital sign, and posters. o Print Campaign  Six ¼ page ads in Vail Daily and Summit Daily on 7/01, 7/02 and 7/03 o Digital / Programmatic Campaigns  Bands in Town = Two (2) email campaigns to 10,000 email addresses with a total of 7,179 opens and an average open rate of 71.79%.  Vaildaily.com = 15,309 impressions /.33% CTR (click through rate)  Summitdaily.com = 15,118 impressions / .08% CTR  Programmatic Display Ads = 9,489 impressions / .13% CTR  Facebook Device ID = 5,921 impressions / .13% CTR o Social Media  12 Dedicated Discover Avon Instagram and Facebook Posts = 16,488 Reach  Facebook Event = 300 Responded o Radio Spots on KZYR/KKVM  6/20–7/03  150+ spots  100 DJ mentions  60-minute Last DJ slot on June 30th o Press Releases through Civic Plus subscribers = 585  Band announce sent on January 13 and April 3  Event centric sent on June 20 o Avon Road Light Pole Banners = 40 total, double panel installation 5/29 – 7/05 o Avon.org event page visits = 2,200 o Discoveravon.org event page visits = 992 o Electronic Newsletter = 2,108 recipients, with a total of 1,056 opens with an open rate of 50% o Posters = 100 posters distributed in Avon and Edwards communities. Transportation & Parking: • Re-writing of and collaboration on the Transportation & Parking Plan was useful and a good exercise resulting in exceptionally smooth experience for guest and bus drivers. o Public Operations personnel on W. Benchmark Road / Avon Station kept traffic moving and were efficient. o Avon Transit Special Event Shuttle reporting shows a 1,056 total ridership representing a 40.61% increase in overall ridership over last year (no boom scenario). o Expanded Avon Transit Special Event Shuttle to the Wildridge community was added just a few days prior to the event and worked well: approximately 100 total riders. o Transit operated 5 full-time buses (35 or 40 ft. buses) and 3 additional egress buses, which was sufficient. o The ridership for Town Routes (red, blue, and night rider) was 1,029 which is 44% higher than the June average of 716. o Addition of “leave at your own risk” bicycle parking on Mikaela Way worked well. Continue to research a non- profit/sponsor partner who can operate a “bike valet” to fund raise. o Guests indicated that clarity and increased communications / marketing about pick up and drop off locations would be helpful. o Public Operations utilized the Sheraton pull off on W. Beaver Creek Blvd for cars wanting to drop off and worked well. o No complaints were received about the removal of VIP parking at the Rec. Center north lot. This lot was used instead for vendors and ADA. o More ADA parking is needed with 50+ cars and only 23 allotted for ADA. Removing the extended chain-link on north Lake Street will open more ADA parking but it is likely not enough. o Vendors did not fill the parking stalls on W. Benchmark Road or Town Hall, consider other uses for these lots. o The Boy Scouts were permitted to use the FirstBank parking lot for fundraising. o The addition of two staff and signage at Avon Transit to assist guests getting on the correct bus was extremely helpful. Page 5 Operations & Logistics: • Power: o Ordered two additional turtle boxes (power) for entertainment activities and generator for north bar from Wagner. Will need these in 2024 and should identify (1) what is our max vendor capacity and (2) power capacity. o Events and Buildings teams met to go over which vendors had power needs, type of plugs, number of amps, number of cable runs, etc. and were able to locate and provide power to vendors accurately. o Provide vendors a “hard stop” time to stop service (selling) and for turning off power to prevent vendors continuing to sell while tear down is taking place and delaying venue closure. • Fencing: o Temporary fences were quite easy to move on those locations where they abutted buildings and structures. This is a reminder for staff to double-check these and consider security positions in these locations. o Fencing company mis-measured linear length of fence panels, stand and weights during site survey resulting in shortages and last-minute fencing installation needs on July 2nd. • Signage: o Consider adding VIP banner or other signage to (1) guests locating VIP (2) discourage public from trying to gain access (3) and use VIP restroom trailer. o The addition of signage at main points of entry Gates A-F and decluttering entrances worked well. o The addition of “Bar” and “Restrooms” flutter flags helped guests locate these areas. o Consider adding more signage for ADA parking and bus pick up /drop locations. • VIP Experience: o Addition of tear-off vouchers for VIP access and food aiding in tracking entries and food; 227 picked up; 202 collected access vouchers 155 food vouchers. o VIP Trailer was at 75% capacity o Provide laptop at VIP check in table to streamline check in process. o Provide flashlight in the VIP check in table for after dark operations. o Consider adding a banner or other signage to better locate VIP area for guest and to deter public trying to access. • Staffing: o 87 Town staff across all departments worked at the event! This is amazing! o Continue to fine tune the staffing schedule, roles, and responsibilities to ensure fit with skill sets and educate and support staff not typically in an event role. o Two (2) temporary staff were hired through Innovative Team Partners staff helped with coolers, beverages, signage, etc. pre and post event. o Seven (7) temporary staff were hired through Eagle Valley Temps for post event park clean up. o Twelve (12) Town volunteers worked at the event and continue to play a critical role in our events program. o Feeding all those working at the event continues to be an operational struggle with timing of meals offered, ordering, and delivering meals. o The branded fanny pack those who worked received was appreciated and useful on event day. • Bar: o Increased bar sales by 83.57%; from $28,000 last year to $51,400 this year. o Volume / units sold increased by 28%; from 5,713 last year to 7,306 this year. o Selling prices increased slightly this year; domestic and craft beer, seltzers and water increased $2; wine and canned cocktails increased by $3. For context, AvonLIVE! selling prices are $1 lower across all products. o People LOVED the 16 oz. Liquid Death canned water and commented how reasonably priced they were compared to other concerts venues in the region. o Expanding to 40-foot bars was a good decision and bar tenders serviced the guest efficiently with little wait time. o We followed the newest “best practice” in the event industry by not providing a wrist band after ID’s are checked. This created some consumer frustration with getting their ID checked repeatedly. o Consider providing wristbands and weighting against time spent wrist banding vs time spent checking ID’s multiple times. o Utilizing Fleet team to build bars continues to work very well. • Food & Entertainment Vendors: o Increased food vendors by 46%; from 15 last year, to 22 this year. o Some comments from vendors: Page 6  “Thank you so much for having us! It was our first time participating in your event and we had a wonderful experience! Everything went well and we did great sales!”  “My numbers were up but the biggest limitation for vendors is definitely serving such high capacity in such a short time…”  “Overall, another great event and I appreciate the work you guys put in!” o Addition of alphabetical file folder and extra vendor parking passes at the first check in point worked well for staff and vendors. o Provide vendors a “hard stop” time to stop service (selling) and for turning off power to prevent vendors continuing to sell while tear down is taking place and delaying venue closure. o Avon PD assistance was required to insist vendors stop selling after venue was closed. o Family Zone inflatable features, face painters and balloon sculptors were once again, remarkably busy with long lines. Growth of this activation is constrained by the footprint available. o New - 360 video was well received and super popular. Stats showed it was a successful way of engaging guests on social media.  109 Photos (VIP) / 175 Videos  328 Shares / 1,850 Views  23,399 Reach / 78,309 Impressions o New - Vail Valley Silent Disco was not as successful as we had hoped, and adjustments are needed if we bring this activation back. o New - Heart Intention and Prayer Flag art activation with Pat Milbery was successful with guests engaging and designing all 200 pre-made shapes. Bringing art to events is a great way to bring the community together through art. o Stilt Walkers were not as visible as previous years, and staff reported they were “…in Rec Center for long periods of time..” Consider more oversight of this activation. Attachment E September 6, 2023 ATTACHMENT EPhoto Gallery Salute to the USA 2023 Salute to the USA 2023 Highlight Reel Thank You!