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TC Packet 05-13-2025_____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, May 13, 2025 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org 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. CONSENT AGENDA 5.1. Approval of April 22, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Approval of Updated Appointments to Boards & Commissions (Chief Administrative Officer Ineke de Jong) 5.3. Approval of Revised Land Lease for Planning Area E Pre-School (Town Manager Eric Heil) 5.4. Town of Avon Wildland Fire Preparedness Month Proclamation and Eagle County Board of County Commissioners Joint Resolution proclaiming May 2025 as Wildfire Preparedness Month (Chief of Police Greg Daly) 5.5. Notice of Award: Pedestrian Mall Expansion – Design (Engineering Director Eva Wilson) 6. BUSINESS ITEMS 6.1. Presentation: Good Deeds 2 Community Housing Partnership with Eagle County Housing & Development Authority (Housing Planner Patti Liermann) 6.2. Presentation: Eagle County Conservation District (ECCD) and Beyond Lawn Updates (ECCD Executive Director Laura Bohannon) 6.3. PUBLIC HEARING (QUASI-JUDICIAL): First Reading of Ordinance 25-10: REZ24002 Amendment to the Short Term Rental Overlay Zone District Amendment (Planning Manager Jena Skinner) 6.4. PUBLIC HEARING: Second Reading of Ordinance 25-09: Three-mile Plan (Community Development Director Matt Pielsticker) 6.5. Work Session: Village (at Avon) Park Planning Kickoff (Planner II Max Morgan & Recreation Director Michael Labagh) 7. WRITTEN REPORTS 7.1. April 21st Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.2. May 5th Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.3. Quarterly Community Housing Programs Update (Housing Planner Patti Liermann) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION 9.1. For the purpose of: Legal advice pursuant to CRS §24-6-402(4)(b) regarding private parking _____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. regulatory authority (Town Attorney Nina Williams) 10. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. AVON REGULAR MEETING MINUTES TUESDAY APRIL 22, 2025 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 virtually via Zoom.us. Mayor Tamra N. Underwood called the April 22, 2025, Council Regular Meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. They were joined in person by Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Deputy Town Attorney Betsy Stewart, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Chief Financial Officer Paul Redmond, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Engineering Director Eva Wilson, Facilities Manager Luis Tapia, and Avon Police Chief Greg Daly. 2.APPROVAL OF AGENDA Video Start Time: 00:00:45 Mayor Underwood initiated the meeting with the Agenda approval process. Mayor Underwood requested that Consent Agenda Item 5.2. be discussed as Business Item 6.1.a. Mayor Pro Tem Carroll motioned to approve the Agenda, as amended. Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:55 Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4.PUBLIC COMMENT Video Start Time: 00:02:25 Mayor Underwood 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 added that the public comment section is intended for items not listed in the Agenda, and participation by members of the public will be limited to 3 minutes, with an additional minute that may be granted at Council’s discretion. She added that members of the public should address Council directly and should not expect a response as it is only intended as an opportunity and space for the public to provide input to Council. She asked if there was any public comment from those present in the room or virtually and requested that they spell their name and mention the neighborhood they reside in if they so choose to upon taking the podium. Timm Paxson, resident of Vail, took the podium in person to state that there will be an Eagle River Water and Sanitation District Board of Directors election to be held on May 6, 2025, and he is running for reelection for the seat of Director of District 1. He offered the public the link to request a ballot at https://www.erwsd.org/elections and gave a brief synopsis of professional background as part of his candidacy. AVON REGULAR MEETING MINUTES TUESDAY APRIL 22, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Tim McMahon, resident of Avon at Sunridge, took the podium in person to state that he hopes Avon will offer ice skating at the Park for Avon’s youth next winter. No other public comment was received in person nor virtually. 5. CONSENT AGENDA Video Start Time: 00:08:45 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1 Approval of April 8, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) – Councilor Brooks corrected the name of a company in Business Item 6.b. by replacing Brightwater Engineering with Wright Water Engineering. 5.2 Approval of Amendment to CDOT Contract for US6 Safety and Mobility Improvement Project (Engineering Director Eva Wilson) added to the Agenda as Business Item 6.1.a. 5.3 Approval of Amendment to CDOT Contract for Avon Road Crosswalk Improvement Project (Engineering Director Eva Wilson) Councilor Stanley motioned to approve the Consent Agenda, with the correction to the Minutes identified in Consent Agenda Item 5.1 above. Councilor Brooks seconded the motion. The motion carried unanimously with a 7-0 vote. 6. BUSINESS ITEMS 6.1. Interviews & Appointments for Planning & Zoning Commission (Planning Manager Jena Skinner) Video Start Time: 00:10:10 Planning Manager Jena Skinner coordinated the interview and appointment process for vacancies on the Planning & Zoning Commission. Council interviewed Brad Christianson, Elizabeth Waters, and Rick Sudekum. Gregg Cooper and Frank Carriere were unavailable for an interview with Council. After interviewing the applicants, Council was invited to select their top 3 picks from 5 applicants, and they cast the following votes: Chico Thuon: Brad Christianson, Elizabeth Waters, and Rick Sudekum. Gary Brooks: Brad Christianson, Elizabeth Waters, and Rick Sudekum. Ruth Stanley: Brad Christianson, Elizabeth Waters, and Rick Sudekum. Lindsay Hardy: Brad Christianson, Elizabeth Waters, and Rick Sudekum. Kevin Hyatt: Brad Christianson, Elizabeth Waters, and Rick Sudekum. Richard Carroll: Brad Christianson, Elizabeth Waters, and Rick Sudekum. Tamra N. Underwood: Brad Christianson, Elizabeth Waters, and Rick Sudekum. No public comment was received in person nor virtually. Councilor Hyatt motioned to appoint Brad Christianson, Elizabeth Waters and Rick Sudekum for positions on the Planning and Zoning Commission with terms expiring in May 2027. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. AVON REGULAR MEETING MINUTES TUESDAY APRIL 22, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 6.1.a. Action Item: Approval of Amendment to CDOT Contract for US6 Safety and Mobility Improvement Project (Engineering Director Eva Wilson) Video Start Time: 00:35:30 Engineering Director Eva Wilson took the podium in person to deliver a presentation related to the approval of an amendment to the CDOT Contract for US6 Safety and Mobility Improvement Project. Councilor Brooks inquired on the budget and projected cost of this project and was advised Council will be presented final costs as a part of a notice of award. Mayor Underwood opened the floor to public comment and Michael Pascal, resident of Eagle County at River Forge, took the podium virtually but was unable to provide public comment due to technical difficulties with his microphone. Town Clerk Miguel Jauregui invited him to submit his public comment by emailing the Town Clerk, but no public comment was received. No other public comment was received in person nor virtually. Councilor Hyatt motioned to approve the Intergovernmental Agreement Amendment between the Colorado Department of Transportation and the Town of Avon for the US6 Safety and Mobility Improvements Project in the amount between $1,500,000 and $2,000,000, subject to review and approval by the Town Attorney’s Office. Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote. 6.2. Presentation: Facilities Department Program & Services (Facilities Manager Luis Tapia) Video Start Time: 00:55:30 Facilities Manager Luis Tapia delivered a presentation related to the Facilities Department Program & Services. Councilor Brooks asked questions related to the Heat Recovery System. No other public comment was received in person nor virtually. As this was discussed as a presentation, no motion was requested, and staff received feedback and direction to continue their work as indicated. 6.3. Presentation: Town of Avon Reserve Study (Facilities Manager Luis Tapia) Video Start Time: 01:07:35 608 Facilities Manager Luis Tapia delivered a presentation related to the Town of Avon’s Reserve Study. Councilor Thuon asked Facilities Manager Tapia about his feelings around maintenance of the Town’s infrastructure and was advised that the most important aging structures are the Rec Center and the Mobility Department’s Building, but the Town is staying on track with maintenance and repairs for both. Councilor Brooks and Mayor Pro Tem Carroll asked questions related to Appendix B of Tapia’s presentation. Mayor Pro Tem Carroll also asked about the 10- year budget summary and forecast analysis. Facilities Manager Tapia as joined by Chief Financial Officer Paul Redmond to discuss the reserve study and the 10-year budget summary. No public comment was received in person nor virtually. As this was discussed as a presentation, no motion was requested, and staff received feedback and direction to continue their work as indicated. AVON REGULAR MEETING MINUTES TUESDAY APRIL 22, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 6.4. Presentation: Recreation Department Program & Services and 2024 Annual Report (Recreation Director Michael Labagh) Video Start Time: 01:23:35 Recreation Director Michael Labagh delivered a presentation related to the Recreation Department Program & Services and 2024 Annual Report. He fielded questions from Council, including those related to the survey results, services offered, and the upcoming seasonal maintenance closure. No public comment was received in person nor virtually. As this was discussed as a presentation, no motion was requested, and staff received feedback and direction to continue their work as indicated. 6.5. Work Session: Park Updates on Dismount Zones, Speeds on Bike paths, Code enforcement in Harry A. Nottingham Park (Recreation Director Michael Labagh) Video Start Time: 01:44:20 Recreation Director Michael Labagh delivered a presentation related to Park Updates on Dismount Zones, Speeds on Bike paths, and Code enforcement in Harry A. Nottingham Park. After deliberations, Council unanimously selected Option C from the options included in the Staff Report. Councilor Brooks suggested a proactive approach to education of cyclists, with the suggestion of a free educational pamphlet to be handed out at bike rental shops in Town, and Rec Director Labagh added there will also be some creative signage to educate the public. Council also directed staff to delay the dismantling of the Fitness Court in the Park, because it is safe to use by those ages 14 and up and directed Staff to maintain it so that it is ready for use this summer season and until such time as Council and staff decide what to do with this space long term. No public comment was received in person nor virtually. Councilor Brooks asked if Staff had a plan to improve the East Avon Preserve, and was advised that Staff will get back to him with a report later in the year. As this was discussed as a work session, no motion was requested, and staff received feedback and direction to continue their work as indicated. 6.6. PUBLIC HEARING: First Reading of Ordinance 25-09: Three-mile Plan (Community Development Director Matt Pielsticker) 722 Video Start Time: 02:23:20 Community Development Director Matt Pielsticker delivered a presentation related to the First Reading of Ordinance 25-09. He was joined at the podium by Landscape Architect Pedro Campos with Zehren & Associates who contributed to the delivery of the presentation to Council. Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. After deliberations, Councilor Carroll motioned to approve the first reading of Ordinance 25-09, including the Comprehensive Plan Findings and General Criteria Findings outlined in the Report. Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote. AVON REGULAR MEETING MINUTES TUESDAY APRIL 22, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 6.7. Work Session: Local Regulation of Natural Medicine (Town Attorney Betsy Stewart) Video Start Time: 02:44:25 Town Attorney Betsy Stewart presented Council with local regulations of natural medicine healing centers, as included in her Report. Council provided staff with direction on zoning and permitted locations for natural medicine healing centers and directed the Deputy Town Attorney to prepare an Ordinance to regulate natural medicine healing centers in Avon. Council discussed hours of operation for the centers and directed Staff to look at what times mountain resorts are operating so that hours of operations of the centers work in harmony with the resorts. Councilor Hardy suggested that hours of operation should match those of local dispensaries. No public comment was received in person nor virtually. As this was discussed as a work session, no motion was requested, and staff received feedback and direction to continue their work as indicated. 7. WRITTEN REPORTS 7.1. March 20th Draft CASE Committee Meeting Minutes (Special Events Coordinator Emily Dennis) 7.2. April 14th Draft Avon Downtown Development Authority Board Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Monthly Public Operations Report (Public Operations Manager Gary Padilla) 7.5. Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin) 7.6. Commercial Composting Pilot-Program Update (Sustainability Manager Charlotte Lin) 7.7. Art Program Update (Chief Cultural Officer Danita Dempsey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:04:50 Councilor Brooks advised the public that the Eagle River Coalition is hosting the Community Highway Pride Cleanup on Saturday, May 3, 2025 starting at 9:00 a.m. and invited the public to get involved by visiting eagleriverco.org to sign-up. He added that he and Town Manager Eric Heil attended the Eagle County Housing and Development Authority Advisory Committee Quarterly Meeting the week prior where they received an update on most housing programs in Eagle County, and he mentioned that the Town’s 15% downpayment assistance program can be paired with the County’s 15% downpayment assistance program for a total of 30% downpayment assistance in the purchase of a home with a value up to $1,250,000 so long as the purchase includes a deed restriction. He also mentioned the positive impact of Avon’s 2025 Net Zero Building Expo, as well as his attendance to a panel discussion by the Adam Palmer Sustainability Fund that included a conversation with Hugh Fairfield Smith related to resiliency and wildland fires. He added that he attended a Local Sustainable Agriculture Tour hosted by Walking Mountains and the Eagle County Conservation District that he found eye-opening. He closed his remarks by inviting the public to slow down for wildlife, especially on Metcalf Road. AVON REGULAR MEETING MINUTES TUESDAY APRIL 22, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Mayor Underwood thanked voters for passing a mill levy in November 2024 benefiting the Eagle County Conservation District, which includes funding for wildlife fencing and turf replacement rebates. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 8:12 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 Underwood ___________________________________ Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks 970.748.4013 idejong@avon.org TO: Honorable Mayor Tamra N. Underwood and Council FROM: Ineke de Jong, Chief Administrative Officer RE: Updated appointments to Boards & Commissions DATE: April 28, 2025 SUMMARY: This report presents to Council the list of Boards and Commissions for which Avon has a representative seat. At the regular Council meeting on January 14, 2025 Town Council revisited the appointments to various committees, boards and authorities. There has been a request to add the QQ meetings to this document and appoint a primary and an alternate. Appointments are made by motion and vote. Current appointments are shown in Attachment A and the QQ meetings are visible in red font on page 4. RECOMMENDATIONS: The following suggestions and recommendations are provided for Council consideration: QQ Meeting: Councilor Gary Brooks has already attended the first quarter QQ meeting and is willing to be appointed as Avon’s primary representative. Staff member Eva Wilson has expertise in this area and would make a great choice as Avon’s alternate. PROPOSED MOTION: “I move to approve the appointments to Boards and Commissions with the one update of adding QQ meetings with Gary Brooks as Avon’s primary representative and Eva Wilson as the alternate Avon representative, effective May 13, 2025.” Thank you, Ineke ATTACHMENTS: ATTACHMENT A: Board, Committee, Authority and Other Agency Appointments. TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 14, 2025, Revised May 13, 2025 Agency Description Council Assignments ADOPTED 2025-2026 Appointments to Boards and Commissions Page 1 Climate Action Collaborative The Town is a member of the Climate Action Collaborative and is one of about 30 local businesses, organizations, nonprofits and governments trying to address climate change by meeting the goals established in the Climate Action Plan for the Eagle County Community. Every Other Month Meetings, 2nd Friday at 10am for 90 minutes. Appointment: Primary must be Elected, Alternate can be Staff Primary: LINDSAY HARDY Alternate: ERIC HEIL Colorado Association of Ski Towns (CAST) CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. We support actions that keep our communities livable, protect our pristine environment, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. Our goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors. Voting representative on ski town consortium. Quarterly Meeting Appointment: Must be Elected, appointment is only for purpose of casting vote and is not related to eligibility to attend CAST meetings Primary: TAMRA UNDERWOOD Alternate: RICH CARROLL Colorado Municipal League Policy Committee The CML Policy Committee is a standing committee that develops the League's legislative program. The membership is composed of representatives from each member municipality, CML sections, and district presidents. Voting representative on policy matters before the State Legislature Quarterly Meeting (Denver CML Offices) Appointment: Elected, Town Manager or Town Attorney Primary: NINA WILLIAMS Core Transit / Eagle Valley Transportation Authority A nine-member board of elected officials from the incorporated towns was established to develop operating policy. This board has since been reduced to eight members who represent the towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle County Government and Beaver Creek. The half-cent county sales tax is dedicated to funding regional transportation. One tenth of this tax goes toward funding the regional trails system. Town's voting representative on Eagle County's Transit & Trails Advisory Board. Appointment: Elected Primary Representative: RICH CARROLL Alternate: KEVIN HYATT ATT ATTACHMENT A TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 14, 2025, Revised May 13, 2025 Agency Description Council Assignments ADOPTED 2025-2026 Appointments to Boards and Commissions Page 2 Monthly Meetings at 12:00 on 2nd Wednesday, 90-120 minutes Culture, Arts & Special Events (CASE) Committee The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events Committee. The CASE Committee is composed of seven voting members and two Ex-Officio Non-Voting Council members appointed by Town Council. Monthly Meeting (Avon) Start Time typically 12:30 PM for 90 Minutes Two ex-officio non-voting members: Ex-Officio 1: RUTH STANLEY Ex-Officio 2: LINDSAY HARDY Downtown Development Authority (DDA) In August 2023 the voters approved the formation of the Avon DDA as a critical and visionary step to fund more community housing in Avon. A secondary purpose of the DDA is to provide additional funds for public improvements that benefit the health, vitality and success of the Avon commercial core. The DDA Board is composed of five (5) to eleven (11) board members including one (1) Council member appointed by Town Council. By statute one Council member must be on the DDA Board and that it is not an ex-officio position, rather it is a full participating and voting member of the DDA Board. Monthly Meetings, first Mondays at 3pm for 90-120 Minutes. Appointment: Elected Primary: CHICO THUON EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private partnership that provides the funding to make the Eagle County Regional Airport (EGE) a vital part of the Eagle County economy with a vibrant flight service program. Formed in 2002, the EGE Air Alliance partnership includes government entities and private business stakeholders in local towns within Eagle County. Serves as representative to discuss regional airport topics of concern. This group welcomes Avon to have a representative, but it is voluntary/optional. Quarterly Meetings Appointment: Voluntary/Optional Primary Representative: KEVIN HYATT Alternate: RICH CARROLL TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 14, 2025, Revised May 13, 2025 Agency Description Council Assignments ADOPTED 2025-2026 Appointments to Boards and Commissions Page 3 Finance Committee The Finance Committee is a permanent advisory board, composed of five (5) to nine (9) voting members and two Ex-Officio Non-Voting Council members appointed by Town Council. Bi-Monthly meetings, first Monday, start time typically noon for 90 Minutes Two ex-officio non-voting members: Ex-Officio 1: LINDSAY HARDY Ex-Officio 2: KEVIN HYATT Health & Recreation Committee The Health & Rec Committee is a permanent advisory board, composed of five (5) to nine (9) voting members and two rotating Ex-Officio Non-Voting Council members appointed by Town Council. Bi-Monthly meetings, third Tuesday, noon for 90 Minutes Two ex-officio non-voting members: Ex-Officio 1: KEVIN HYATT Ex-Officio 2: RUTH STANLEY Northwest Colorado Council of Governments (NWCCOG) The Town is a member of the NWCCOG, a voluntary association of county and municipal governments in a 5-county region in northwest Colorado. The NWCCOG Council, made up of representatives from each member jurisdiction, directs the activities of NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the NWCCOG is to be responsive to members’ needs and interests by providing guidance and assistance in problem solving, information sharing and partnership building, advocating members’ interests and needs with local, state and federal entities, and providing quality services to our membership that are relevant, effective, and efficient. Meetings are every other month (half day); virtual option Appointment: Elected or staff Primary: GARY BROOKS Alternate: JENA SKINNER Public Access TV: High Five Access Media Voting representative on the Board of the nonprofit organization that manages noncommercial public, educational and governmental programming; receives Town's PEG fees from COMCAST. Quarterly Meeting (Avon) Appointment: Elected Primary: RUTH STANLEY Alternate: KEVIN HYATT TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 14, 2025, Revised May 13, 2025 Agency Description Council Assignments ADOPTED 2025-2026 Appointments to Boards and Commissions Page 4 QQ Meetings NWCCOG QQ meetings are forums for policy formulation and strategic decision-making by the NWCCOG Water Quality/Quantity Committee (QQ). The QQ is a group of municipalities, counties, water districts, and conservancy districts in Colorado's headwaters region. These meetings provide a space for members to discuss and make decisions on water quality and quantity issues. Quarterly Meeting (location varies, virtual options available) Appointment: Elected, Staff or other Primary: GARY BROOKS Alternate: EVA WILSON Railroad Steering Committee On November 13th, 2024 representatives from Western Rail Coalition discussed their proposal for consideration of commuter rail in the Eagle River Valley. The community leaders there requested to form a steering committee. At the December Mayors & Managers meeting, it was agreed to create a steering committee comprising representatives from each municipality in the Eagle River Valley, Core Transit, and Eagle County. That steering committee would appeal to the governor to fund a passenger rail feasibility study as proposed. The designee can be an elected official, staff, or community member. Meeting as required. Appointment: Elected, Staff or other Primary: ERIC HEIL Alternate: GARY BROOKS Upper Eagle Regional Water Authority (UERWA) Town's voting representative on the six-member board; responsible for all elements of delivering potable water to the Town and managing water rights Monthly Meetings – 4th Thursday except for November & December when they are held on the 3rd Thursday, 8:30 AM for full morning Appointment: Elected, Staff or other Primary: TAMRA UNDERWOOD Alternate: GARY BROOKS (1st Alternate) ERIC HEIL (2nd Alternate) TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 14, 2025, Revised May 13, 2025 Agency Description Council Assignments ADOPTED 2025-2026 Appointments to Boards and Commissions Page 5 Vail Valley Art Guild (VVAG) The Vail Valley Art Guild ("VVAG), a 501(c)(3) is organized exclusively for educational and charitable purposes. The VVAG endeavors to create opportunities for the participation, promotion, and appreciation of the visual arts art by the community within Eagle County. The board is comprised of not more than 10 directors who have general management of the affairs, property, and business of the organization. Meetings are held at the new Avon location in The Seasons property. Monthly meeting, second Monday, 3:30 PM for 90 Minutes Appointment: Elected, Staff or other First Board Member: DANITA DEMPSEY Second Board Member: RUTH STANLEY VVP: Economic Development Leadership Council This Advisory Council is a resource and sounding board for the Partnership related to regional economic development efforts. The Advisory Council will provide advisement on issues at hand to ensure that local economic development activities undertaken by Vail Valley Economic Development are relevant to the needs of the business community and remain aligned to our core mission. The Vail Valley Partnership Board of Governors retains all official organizational decision-making powers over the activities undertaken by Vail Valley Economic Development. This group welcomes Avon to have a representative. Numerous towns send representatives, but not all. It is a voluntary group. Quarterly Meetings (two hours each) Appointment: Voluntary/Optional Primary: CHICO THUON 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: Vail Valley Foundation/Eagle River Valley Childcare Land Lease DATE: May 9, 2025 SUMMARY: This report presents to the Avon Town Council (“Council”) revisions to the form of the Land Lease for the Eagle River Valley Childcare facility previously approved by Council on April 8, 2025. The previous report for the April 8, 2025 Council meeting is attached which has more background information. SUBSTANTIVE REVISIONS TO TERMS OF THE LAND LEASE: There are numerous non-substantive revisions related to formatting, clarifications and consistency of terms. Several substantive revisions are proposed, which are highlighted as follows: 5.E. Enrollment Assistance: The original commitment of providing enrollment assistance in the amount of a 50% reduction in tuition for 32 students is scaled back to 16 students. This is due to the reduction federal and state funding sources that supported reduced enrollment. The revised language includes the intent to actively pursue sufficient funding for 32 students. I participated with the review of proposed operators. The other two proposals from national pre-school companies both included a business model that required an annual subsidy of approximately $250K and the selected operator is not requiring an annual subsidy. Based on review of business models presented by the various operators who submitted proposals, I do not believe it is financially viable to require a commitment to enrollment assistance for 32 students when federal and state funding sources have been or may be eliminated. Therefore, I believe the language as presented is practical at this time. 13. Leasehold Financing, A. Tenant Mortgage: The Land Lease allows Eagle River Valley Childcare to secure bridge loan financing (if needed) which is intended to be repaid in full by the end of 2030. Local banks indicated they need three additional years in order to provide bridge loan financing, so the “Maturity Date” has been extended to December 31, 2033. Exhibit C: Form of Sub-Lease: The form of a Sub-Lease that would be used between Eagle River Valley Childcare and an operator is now included in the Land Lease agreement as Exhibit C. LEGAL REVIEW: Bo Riley from Nina’s office reviewed revisions to this Land Lease, including Exhibits A, B and C. RECOMMENDATION: I recommend approval of revisions to this Land Lease. The revisions are relatively minor and are reasonable considering current circumstances. PROPOSED MOTION: “I move to approve the revised Land Lease for the Eagle River Valley Childcare facility on a portion of Planning Area E, Village (at Avon).” Thank you, Eric ATTACHMENT A: Revised Land Lease (Comparison to version in April 8, 2025 Council packet) ATTACHMENT B: April 4, 2025 Report to Council Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 1 of 22 LAND LEASE Eagle River Valley Childcare Planning Area E, Village (at Avon) THIS LAND LEASE (“Lease”) is made and entered into by and between the Town of Avon, a Colorado home rule municipality ("Avon") and Eagle River Valley Childcare, a Colorado nonprofit corporation ("ERVC"), collectively referred to as the “Parties”, on April 8May 13, 2025 (“Effective Date”). RECITALS WHEREAS, Avon is the owner of certain property described in EXHIBIT A: Legal Description consisting of approximately 3.5 acres of land in the Town of Avon, Eagle County, Colorado, a portion of which land will be leased by Avon to ERVC, as further depicted on EXHIBIT B: Depiction of the Leased Land (“Leased Land”). WHEREAS, Avon and ERVC recognize that there is a significant shortage of early childhood education facilities and capacity to serve the Avon and other adjacent communities in the Vail Valley area, which is documented in detail in the 2021 Regional Assessment of Child Care Industry, prepared by Northwest Colorado Council of Governments, which shortage impacts working households with children aged 0-5 years and impacts employers; and WHEREAS, Avon desires to incentivize and partner with ERVC to support the construction and operation of an early childhood education facility on the Leased Land; and WHEREAS, ERVC desires to construct and hire a qualified third -party operator to manage all aspects of an early childhood education facility on the Leased Land to better meet the needs of Avon and surrounding adjacent communities. NOW, THEREFORE, in consideration of the recitals above and the mutual promises contained in this Lease, Avon and ERVC agree as follows: 1.LEASE GRANT AND TERM A.GRANT. Avon hereby demises and leases the Leased Land to ERVC and ERVC does hereby lease and take from Avon the Leased Land subject to the terms and conditions in this Lease, subject to all easements of record on the Leased Land existing as of the Effective Date, and subject to title insurance exceptions listed in EXHIBIT A: Legal Description. All improvements constructed on the Leased Land will be solely owned by ERVC during the term of this Lease. B.TERM. This Lease shall be for a period of fifty (50) years (“Term”), commencing on May 113, 2025 (“Commencement Date”). 2.LAND DELIVERY; CONSTRUCTION A.DELIVERY. Avon shall deliver the Leased Land to ERVC, and ERVC shall accept the Leased Land from Avon, in its “AS IS”, “WHERE IS” condition, without any representation or warranty of any kind by Avon on May 113, 2025 (“Avon’s Delivery Date”). ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 2 of 22 B. CONSTRUCTION. ERVC shall thereafter construct on the Leased Land an early childhood education facility and all related improvements (the “Facility”) in accordance with ERVC’s Plans (as defined in Section 4.A below) and in compliance with applicable laws. ERVC acknowledges the cost of such development, construction, and improvements shall be at ERVC’s sole cost and expense, except Avon shall be responsible for the following costs: i. Construction of bus stop; and ii. Installation of photovoltaics, batteries and battery capacity and related electric work and equipment; and Avon shall receive any and all rebates from the Holy Cross Energy, and/or State, Federal or other funding sources, for installation of photovoltaics, batteries and related equipment (the Holy Cross Energy rebate is estimated atto be $12,500) and ERVC shall be entitled to receive the Holy Cross Energy monthly rebate of(estimated to be $250 per month) paid to ERVC by Holy Cross Energy after the Facility is operational; and , and ERVC may retain any future rebates from funding sources after the Facility is operational; and iii. Reimbursement to ERVC for the portion of tap fees specific to housing in the amount of $126,800 and reimbursement for Plan Check and Building Permit that were pre-paid by ERVC for both the childcare center and the housing concept in the amount of $113,836.70; and iv. A contribution in the amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) towards the cost of construction, or if not needed for construction then to be pledged to the ERVC Tuition Assistance Fund to provide tuition assistance for low income households, which contribution shall be in the form of a pledge of tax increment revenues from the Avon Downtown Development Authority and shall be payable as the Avon Downtown Development Authority receives funds, but shall be not more than $200,000 per calendar year in 2025 and 2026, and such contribution shall be subject to and conditioned upon a separate agreement between the Town of Avon and the Avon Downtown Development Authority; and v. Complimentary Avon Recreation Center passes on an annual basis for all full-time employees of the Facility. C. CONSTRUCTION TIMELINE. ERVC’s construction of the Facility shall commence on or before May 1, 2026. Commencement of construction shall mean submitting a complete application for a building permit. Construction shall be completed by the end of calendar year 2027 (“Construction Completion”). Construction Completion shall be defined as substantially completing the construction shown in the building permit and obtaining a Certificate of Occupancy (including a Temporary Certificate of Occupancy) from the Town of Avon. D. ACCESS AND MONITORING OF CONSTRUCTION. Avon and/or Avon's agents shall have the right to enter the Leased Land or the Facility upon reasonable prior written notice to ERVC at all reasonable times during normal business hours to monitor and review the construction process. 3. RENT; TAX AND FEE WAIVERS. ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 3 of 22 A. Rent. ERVC shall pay to Avon One Dollar and 00/100 ($1.00) as rent for the Term of the Lease which shall be tendered in cash at the time of executing the Lease. B. Tax Waivers. Avon agrees to waive the Town’s Use Tax, Sales Tax and Real Estate Transfer Tax as may be applied to this Lease and the construction of the Facility. C. Fee Waivers. Avon agrees to waive development application review fees and building permit fees that may be otherwise applicable to the construction of the Facility. 4. ERVC’S PLANS AND ERVC’S WORK. ERVC shall be solely responsible for the preparation of the final drawings, plans, and specifications for the design and construction of the Facility (except as provided otherwise in Section 2.B above), including all required mechanical, electrical, and plumbing drawings (collectively, “ERVC’s Plans”), which such ERVC’s Plans shall be prepared by qualified architects, engineers, and consultants and shall be the sole cost and expense of ERVC. ERVC shall construct the Facility, including the building and other improvements benefitting or used during the operation of the Facility (except as provided otherwise in Section 2.B above), in accordance with ERVC’s Plans (collectively, “ERVC’s Work”). ERVC shall diligently pursue the preparation of ERVC’s Plans from and after the Effective Date of this Lease. A. All-Electric, Energy Efficient Design. ERVC shall ensure that ERVC’s Plans are prepared and ERVC’s Work is performed with products, equipment and materials that meet and/or exceed ENERGY STAR specifications, Federal Energy Management Program (“FEMP”) designated guidelines, and the Town of Avon’s building codes. ERVC shall provide products, equipment and materials that earn the ENERGY STAR label and meet the ENERGY STAR specifications for energy efficiency. ERVC shall use only products, equipment and materials that are electric in ERVC’s Plans and in the performance of ERVC’s Work. ERVC shall not use natural gas or other fossil fuels for heating, cooling or any other operations of the Facility. Notwithstanding the foregoing, ERVC may use fossil fuels during the construction of the Facility. B. Plan Review Period. ERVC shall deliver to Avon a true and accurate copy of ERVC’s complete Plans for Avon’s review and approval by March 1, 2026. Avon shall have twenty (20) days from the date of receipt of ERVC’s Plans to review and approve or disapprove of ERVC’s Plans (“Plan Review Period”). Avon will notify ERVC in writing if Avon disapproves of ERVC’s Plans with a reasonably detailed description of the reasons for disapproval. ERVC shall then resubmit revised ERVC Plans and Avon shall again have twenty (20) days to review and approve or disapprove the resubmitted and revised ERVC Plans. Such process shall be followed until ERVC’s Plans have been approved by Avon. C. Plan Modification. Once ERVC’s Plans have been approved by Avon, ERVC shall not materially modify or amend ERVC’s Plans without the prior written consent or approval of Avon. D. Disclaimer. Approval by Avon of ERVC’s Plans and ERVC’s Work shall not constitute any warranty by Avon to ERVC of the adequacy of the design, ERVC’s Plans, or ERVC’s Work for ERVC’s intended use of the Leased Land or Facility, nor shall Avon’s approval of ERVC’s Plans create any liability or responsibility on the part of Avon for compliance with applicable statutes, ordinances, regulations, laws, codes, zoning, or industry standards. ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 4 of 22 5. USE; OPERATOR A. Early Childhood Education. It is covenanted and agreed between the Parties that the Leased Land and Facility shall be used primarily as an early childhood education facility serving children 0-5 years of age, with capacity for at least one hundred and sixty (160) children, and may be used for other lawful complimentary uses such as after school care, week-end child care, parent education classes, community meetings, and youth gathering space provided that such complimentary uses do not detract from the primary early childhood education facility use (“Permitted Use”). The Permitted Use shall be conducted at all times in accordance with the laws of the State of Colorado, any applicable licensure requirements, the laws of the Town of Avon and any other applicable federal, state or local laws. B. Operator. Avon and ERVC acknowledge that ERVC will contract with Access Early Education Foundation (“Operator”) to operate ERVC’s Facility on the Leased Land specific to the Permitted Use as defined in this Agreement. Avon participated in the Operator selection process and Avon and ERVC have agreed to contract Early Access Early Education Foundation as the Operator. If ERVC decides to no longer have Early Access Early Education Foundation as the Operator, Avon shall have the right to participate in any new Operator selection process and Avon and ERVC shall both agree on the selection of any new Operator during the Term. Avon shall have the right to participate in any ERVC meetings that may involve the Operator, its performance, and any decisions associated with operations at the Leased Land or Facility. ERVC shall cause the initial Operator to open and operate the Facility within six (6) months of Construction Completion. An Operator may be removed and replaced from time to time during the Term by ERVC in its sole discretion; provided, however, a replacement Operator and Operator Agreement (as defined below) shall be subject to the terms and conditions of this Section 5. C. Operator Agreement. ERVC agrees to provide a draft of a sub-lease and operator agreement (“Operator Agreement”) to Avon for review and approval prior to executing an Operator Agreement. Avon agrees to review and approve or disapprove the Operator Agreement within twenty (20) days of receipt. Avon will notify ERVC in writing if Avon disapproves of the Operator Agreement with a description of the reasons for disapproval. The Operator Agreement shall be deemed automatically approved by Avon if Avon does not respond within twenty (20) days of receipt of the Operator Agreement. The Operator Agreement shall have the following minimum terms: i. The Operator Agreement shall acknowledge this Lease and the terms of such Operator Agreement shall be consistent with the terms of this Lease. Such acknowledgement shall include recognition of the events of default and Avon’s remedies, including termination of the Lease and recovery of the Leased Land. ii. The Facility shall be regularly opened on Monday through Friday from at least 7:30 am to 5:30 pm, excluding legal holiday days recognized by the State of Colorado and seasonal school closures that do not exceed forty (40) weekdays per calendar year. Avon and ERVC may agree to a different schedule depending upon the needs of the regional community and or resources of the Facility Operator. Temporary closures due to repairs, inclement weather, labor shortages or disruptions, or other unforeseen causes are permissible but shall not exceed thirty (30) aggregate days in a calendar year unless a greater number of days is ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 5 of 22 approved by Avon in writing. iii. The initial tuition fees and any other costs shall be defined and the process for proposing and reviewing increases to tuition fees and costs shall be defined. iv. The minimum standards and procedures to determine and verify qualified employees of the Operator shall be defined. v. Obligation to pay utility costs and obligation to pay maintenance, repair and replacement costs shall be defined. vi. Minimum insurance coverage and obligations shall be defined. vii. Indemnification of Avon and ERVC for all activities of the Operator shall be included. D. Documents. ERVC shall provide Avon with the annual budget and any required annual certification for the Operator and/or ERVC for operations at the Facility each year and without any further request by Avon. Avon may submit written requests for more information, which ERVC shall provide within thirty (30) days of receipt of such request. ERVC agrees to promptly forward to Avon copies of all executed agreements and contracts with the Operator. E. Enrollment Assistance. The Operator Agreement shall include an obligation to provide enrollment assistance“Enrollment Assistance” for at least thirty-two (32sixteen (16) children from households that can demonstrate financial need or hardship in accordance with guidelines defined in the Operator Agreement. Enrollment Assistance shall be in the form of at least a 50% reduction of the regular enrollment rate. The Operator Agreement shall include an obligation that the Operator agrees (1) to actively pursue and apply, each school year, for all available and appropriate tuition assistance programs from Federal, State, local government,, private third- parties and non-profit corporations sources in order to provide Enrollment Assistance for at least thirty-two (32) children each school year ; (2) that the Operator agrees to provide Enrollment Assistance for at least sixteen (16) children each school year regardless of Enrollment Assistance funds received; and, (3) that Operator’s obligation to provide Enrollment Assistance for more than sixteen (16) children each year will depend upon Enrollment Assistance received and financial resources of the Operator. Avon and ERVC may agree in writing to an alternate program for enrollment assistance. F. Town of Avon Priority Enrollment. Priority enrollment shall be offered to the Town of Avon according to the following terms and procedures: i. TheERVC shall require the Operator shallto provide priority enrollment to the Town of Avon for up to twenty-four (24) children each year. “Priority enrollment” shall mean the right to have first priority for any available student enrollment positions over any other agreements or obligations of ERVC or the Operator concerning enrollment. Avon’s priority enrollment shall be available first for children of Town of Avon employees and other Town officials, and then shall be available for children of Town of Avon residents and owners and employees of Town of Avon businesses with a physical address in Avon, in accordance with such policies as Avon may adopt in its sole discretion. Priority enrollment shall only be for available unfilled ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 6 of 22 enrollment positions and shall not displace any previously and continuously enrolled child. ii. Annually, between November 15 and December 15, Avon shall receive notice of available student positions for enrollment and shall have fourteen (14) business days to elect to fill such available student position(s). Avon shall receive notice of enrollment availability at such other times when vacancies and available enrollment positions occur, and Avon has not fully utilized its 24 priority enrollment positions. Based on the availability of overall Facility enrollment positions or the specific availability of infant, toddler or preschool enrollment positions, the Operator may not be able to guarantee Avon the full 24 spots every year if Avon released a portion of its priority enrollment positions to the Operator in the prior year. ERVC and the Operator will provide continuous enrollment priority and guarantee for any of the twenty-four (24) enrollment positions that are actually used by Avon each year. iii. The twenty-four (24) priority enrollment Avon employees, Town officials, Avon residents and employees of Avon businesses shall receive a $10 discount off the published daily tuition rates and shall not have to pay the annual application enrollment fee which is estimated at approximately $100 per child per year. iv. Avon shall manage the allocation of available priority student enrollments amongst the Town of Avon employees, Town officials, residents of Avon and business owners and employees of businesses physically situated in Avon. Any person utilizing the Town of Avon Priority Enrollment shall pay the full regular tuition and fees unless they qualify for state or federal tuition assistance subsidy and/or tuition assistance from the ERVC Tuition Assistance Fund. iv.v. Any of the twenty-four (24) priority enrollment spots per year not used by Avon shall be available to other children. v.vi. The terms and procedures of the Town of Avon Priority Enrollment rights shall be included in the Operator Agreement. G. Rights Personal. The rights of Avon under this Article 5 are personal to Avon, and do not run with ownership of the Leased Land. 6. UTILITIES. ERVC shall be responsible for all utility costs associated with the Leased Land and Facility, including but not limited to water, wastewater, electric, telephone, cable, internet, trash, and recycling and including all associated tap fees, development fees and costs for connection, disconnection and changes to any utility connections or services, except as expressly provided in 3.C. Avon shall have no responsibility of any kind for any such utilities or fees. 7. REPAIRS AND MAINTENANCE. ERVC shall be responsible for all maintenance, repair and replacement of the Facility and the Leased Land, including but not limited to, HVAC equipment, utility systems within the Facility, roofing, doors, windows, exterior siding, exterior painting or staining, appliances, fixtures, ceilings, walls, floor coverings, fire suppression system, CO2 monitoring system, security system, sidewalks, parking areas, landscaping, signage, photovoltaic system, battery storage, and all outdoor play areas. 8. FURNITURE, TRADE FIXTURES, AND EQUIPMENT. ERVC shall have the right at any time to ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 7 of 22 erect, install and replace trade fixtures, furniture, and equipment providing that ERVC complies with all applicable governmental laws, ordinances and regulations. At the expiration or earlier termination of this Lease, ERVC shall have the right to remove such items so installed, provided ERVC is not in default at the time of such removal and that ERVC shall repair in a good and workmanlike manner any damage caused by removal thereof. 9. SIGNS. ERVC shall not construct, erect or maintain any signs on or about the Leased Land without first having obtained Avon’s approval and the necessary permits and licenses from Avon. ERVC shall have the right to remove such signs upon expiration or termination of the Lease, provided ERVC is not in default at the time of such removal and that ERVC shall repair in a good and workmanlike manner any damage caused by removal of signs. 10. ALTERATIONS. ERVC may make alterations or changes to the Facility provided that ERVC may not make any additions, structural alterations or any alterations requiring a building permit without Avon’s prior written consent. 11. TAXES. ERVC shall pay all taxes, assessments, levies and other charges, general and special that may be assessed and levied by the State, County, Town of Avon or other local government on the Facility during the Term of this Lease. The real estate taxes for the initial year of the Lease and for the final year of the Lease shall be prorated, with ERVC responsible only for the period of the tax year payable during which the Leased Land is leased by ERVC on and after the Commencement Date. It is further provided that ERVC shall be responsible and liable for all personal property taxes assessed for the tangible property of ERVC on the Facility during the Term of this Lease. ERVC may, at its sole cost and expense, dispute and contest any “taxes” or “tax assessments” by appropriate proceedings diligently conducted in good faith. Any credits, rebates, or abatements shall be for the benefit of ERVC. If ERVC desires to contest any tax or assessment to be paid by it, it shall notify Avon of its intention to do so at least twenty (20) days prior to the delinquency of such tax assessment. Withholding of tax payments during any period where such taxes are contested or disputed will not constitute an event of default unless doing so is not permissible under the requirements for contesting or disputing such taxes. Within twenty (20) days after the final determination of the validity thereof, ERVC shall pay and discharge such tax, assessment, charge, or other item to the extent held valid, and all penalties, interest and costs in connection therewith. Avon with cooperate with ERVC should ERVC elect to pursue tax exemption for the Facility. If Tenant determines in its sole discretion that partial ownership of the Facility by Avon is necessary or desirable to obtaining tax exemption for the Facility, ERVC shallmay quit claim an undivided .05%de minimis ownership interest in the Facility to the Town of Avon at the time of receiving a Certificate of Occupancy with the expectation that the Facility shallwill be exempt from property taxes. ERVC and Avon shall work together cooperatively to execute other documents and take such other actions as may be necessary to achieve property tax exempt status of the Facility. 12. NO MECHANICS’ LIENS. ERVC shall keep the Leased Land and Facility free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Leased Land and Facility at ERVC’s request. If any such lien exists, ERVC shall, within twenty (20) days after ERVC’s receipt of notice of such lien, have such lien discharged of record or deliver to Avon a recordable bond in form, amount, and issued by a surety reasonably satisfactory to Avon, indemnifying Avon against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If ERVC fails to have such lien released or to deliver such bond to ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 8 of 22 Avon, Avon, without investigating the validity of such lien, may pay or discharge the same; and ERVC shall reimburse Avon upon demand for the amount paid by Avon, including expenses and reasonable attorneys' fees. 13. LEASEHOLD FINANCING A. Mortgage by Tenant. ERVC may hypothecate, mortgage, pledge, or alienate ERVC’s leasehold estate and rights hereunder and its ownership interest in the Facility only in accordance with the requirements of this Lease until December 31, 20302033 (“Maturity Date”). Any such lien shall be referred to herein as a “Leasehold Mortgage” and the holder or holders of any such lien shall be referred to herein as a “Leasehold Mortgagee.” The Leasehold Mortgagee’s interest in the Leased Land and this Lease shall not encumber Avon’s fee interest of the Leased Land or interest as Avon under this Lease. A Leasehold Mortgage shall encumber no interest in the Leased Land other than ERVC’s interest in the Lease and ERVC’s ownership interest in the Facility, including any personal property of ERVC, and any subleases of portions of the Leased Land. A Leasehold Mortgagee or its assigns may enforce such lien and acquire ERVC’s ownership interest in the Facility, the leasehold estate and all of ERVC’s rights under the Lease in any lawful way and, pending foreclosure of such lien, the Leasehold Mortgagee may take possession of and operate the Facility and the Leased Land, performing all obligations performable by ERVC, and upon acquisition of the leasehold estate in accordance with applicable law, the Leasehold Mortgagee may, upon notice to Avon, sell and assign the leasehold estate hereby created. Notwithstanding anything herein contained to the contrary, the Leasehold Mortgagee or any person or entity acquiring such leasehold estate shall be liable to perform the obligations imposed on ERVC by this Lease only during the period such person has ownership of said leasehold estate or possession of the Leased Land. Avon acknowledges and agrees that the mortgage loans for the construction and permanent financing of the Facility shall be permitted Leasehold Mortgages hereunder, and the lenders of such loans shall be permitted Leasehold Mortgagees, provided that any such Leasehold Mortgage shall be paid in full, released and extinguished by the Maturity Date. Avon’s consent shall not be required for the refinancing of such permitted loans provided that such refinancing does not extend the Maturity Date. ERVC will have no right to mortgage or pledge ERVC’s leasehold estate after the Maturity Date without the express written consent of Avon, to be granted or withheld in Avon’s sole discretion. When giving notice to ERVC with respect to any default hereunder, Avon shall also serve a copy of such notice by certified mail, return receipt requested, postage pre-paid, upon any Leasehold Mortgagee who shall have given Avon a written notice specifying its name and address. No such notice shall be effective against any Leasehold Mortgagee unless and until served on any Leasehold Mortgagee as herein provided. In the event ERVC defaults in the performance of any of the terms, covenants, agreements, and conditions of this Lease to be performed on its part, any Leasehold Mortgagee shall have the right, within the grace period available to ERVC for curing such default plus an additional sixty (60) days, to cure or make good, such default or to cause the same to be cured or made good, whether the same consists of the failure to pay rent or the failure to perform any other obligation, and Avon shall accept such performances on the part of any Leasehold Mortgagee as though the same had been done or performed by ERVC. B. In the event that this Lease is terminated by Avon on account of any default, Avon shall give prompt notice thereof to each Leasehold Mortgagee who has given notice to be notified. Avon, ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 9 of 22 within thirty (30) days after receiving a written request therefor, which shall be given within sixty (60) days after such termination, will execute and deliver a new lease (“New Lease”) of the Leased Land to the Leasehold Mortgagee or its nominee or to the purchaser, assignee, or transferee, as the case may be, for the remainder of the term of this Lease, containing the same covenants, agreements, terms, provisions, and limitations as are contained herein. C. As long as there is a Leasehold Mortgagee, neither the bankruptcy nor the insolvency of ERVC shall operate or permit Avon to terminate this Lease as long as the obligations of ERVC continue to be performed and all other charges of whatsoever nature payable by ERVC continue to be paid in accordance with the term of this Lease. In the event of a filing of a petition in bankruptcy by ERVC, and ERVC rejects this Lease under Article 365 of the Bankruptcy Code (or any replacement thereof), Avon shall, upon the request of a Leasehold Mortgagee which has been approved by Avon, affirm this Lease, and Avon will enter into a new lease on the same terms and conditions with the Leasehold Mortgagee immediately upon ERVC’s rejection of this Lease. In the event of a filing of a petition in bankruptcy by Avon, and Avon rejects this Lease and ERVC does not affirm it, a Leasehold Mortgagee will have the authority to affirm this Lease on behalf of ERVC and to keep the Lease in full force and effect. D. During the period that a Leasehold Mortgagee shall be in possession of the Leased Land, the Leasehold Mortgagee shall perform the maintenance and repair obligations of ERVC and shall pay or cause to be paid all other charges of whatsoever nature payable by ERVC hereunder. Following the acquisition of ERVC’s leasehold estate by the Leasehold Mortgagee or its designee, Avon’s right to effect a termination of this Lease based upon the default in question shall be deemed waived if the default is otherwise cured. Any such purchaser, or successor of purchaser, shall not be liable to perform the obligations imposed on ERVC by this Lease incurred or accruing after such purchaser or successor no longer has ownership of the leasehold estate or possession of the Leased Land. E. Avon hasmay have a de minimis ownership interest in the Facility pursuant to Section 11 above. If so, Avon agrees to execute any consent forms that may be required for theERVC’s Leasehold Financing but shall not be required to sign as a co-borrower with ERVC. 14. ESTOPPEL. ERVC agrees, at any time, upon not less than twenty (20) days prior written notice by Avon, to execute, acknowledge and deliver to Avon, a statement in writing addressed to Avon or such other party designated by Avon certifying that this Lease is in full force and effect, stating the dates of commencement and expiration of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that ERVC has accepted possession, that the Lease Term has commenced, whether or not there exists any default by either party in performance of any covenant, agreement, term, provision or condition in this Lease, and, if so, specifying each such default of which ERVC may have knowledge and the claims or offsets, if any, claimed by ERVC. It is intended that such statement may be relied upon by Avon or a purchaser of Avon's interests and by any mortgagee or prospective mortgagee of any mortgage or deed of trust affecting the Leased Land. 15. COMPLIANCE WITH LAW A. Avon. Avon represents and warrants to ERVC that, to the best of Avon’s knowledge, as of the date hereof and as of Avon’s Delivery Date: (a) the Leased Land is in compliance with all federal, ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 10 of 22 state, county and municipal laws, including but not limited to environmental laws, rules, regulations and statutes applicable to the Leased Land or the use thereof; (b) there are no Hazardous Substances in or on the Leased Land; and (c) Avon owns all right, title and interest in and to the Leased Land, and there are no mortgages, liens, pledges, charges or security interests on or with respect to the Leased Land as of the effective date. B. "Hazardous Substances." Shall mean mold and shall mean any substance, chemical, contaminant, or waste that is designated or defined as hazardous, toxic or dangerous or as a pollutant or contaminant in any environmental law, including, without limitation, asbestos, polychlorinated biphenyls (PCBs), pesticides, PCE, and petroleum or its by-products. C. Waste Or Nuisance. ERVC shall not commit or suffer to be committed any waste upon the Leased Land or any nuisance or other act or thing which may disturb the quiet enjoyment of occupants of adjoining properties. ERVC shall defend, indemnify and hold harmless Avon and its agents, employees, successors and assigns, from and against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses (including, without limitation, reasonable attorneys' fees, consultants' fees, court costs and litigation expenses) arising out of or in any way related to the presence of Hazardous Substances in or on the Leased Land in violation of any law or regulation, and resulting from the actions or omissions of ERVC and/or any party acting on ERVC’s behalf. This provision shall survive the expiration or earlier termination of this Lease. D. ERVC. ERVC shall, at its sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force, as said laws and regulations affect ERVC’s use of the Leased Land. 16. CONDEMNATION A. Notice Of Condemnation. If, during the Term of this Lease, Avon receives notice from any public authority that the whole or any part of the Leased Land or Facility is being considered for taking by any public authority under the power of eminent domain, Avon shall immediately provide ERVC with written notice of such action, including a copy of said notice. B. Option To Terminate. If the whole or any part of the Leased Land or Facility shall be taken by any public authority under the power of eminent domain, or conveyed by Avon to such authority in lieu of condemnation, and by reason of such taking ERVC determines that ERVC’s business cannot be continued in operation on the portion of the Leased Land which remains, ERVC may, on written notice to Avon, on or before thirty (30) days after such taking, terminate this Lease effective as of the date the Leased Land or Facility, or portion thereof, must be vacated pursuant to the condemnation order or the date of any conveyance in lieu of such condemnation. C. Modification Of Rights. If any part of the Leased Land shall be taken by any public authority for any public use, or Avon makes any conveyance in lieu of such condemnation, and ERVC does not exercise the option to terminate this Lease granted in this Section 1716, then Avon and ERVC agree that the rights, duties, and obligations of the Parties shall then be modified as shall fairly and equitably adjust the rights, duties, and obligations of the Parties under such changed ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 11 of 22 circumstances. D. Award. It is expressly understood and agreed that ERVC shall have no claim or demand of any kind to any award made to Avon for the Leased Land only. ERVC shall, however, be entitled to an award from such condemning authority for the value of the Facility, all personal property of ERVC, damages suffered by ERVC for diminution in the value of the leasehold and for loss of ERVC’s trade fixtures and improvements. ERVC shall also be entitled to claim an award for damages suffered by ERVC for relocation expenses. 17. DEFAULT OF ERVC. Each of the following shall constitute an "event of default" under this Lease: A. Failure To Pay Amounts Due. ERVC shall fail to pay taxes (if any are due), utilities, required maintenance or repairs, or other amounts to be paid by ERVC for more than one hundred eighty days (180) days after written notice to ERVC that said amount has not been paid; or B. Failure To Comply With Use And Operator Requirements. ERVC shall fail to cause an Operator to operate an early childhood education facility as the Permitted Use in compliance with Section 5 of the Lease for more than twelve (12) months after Avon has provided written notice to ERVC of such event of default; or C. Other Defaults. ERVC's failure to perform any of the other terms, conditions or covenants of this Lease to be observed or performed by ERVC for more than one hundred eighty (180) days after written notice to ERVC thereof; or D. General Assignment. The making by ERVC of any general assignment for the benefit of creditors; or should there be filed by or against ERVC a petition to have ERVC adjudged a bankrupt or petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against ERVC, the same is dismissed within ninety (90) days); or should an appointed trustee or receiver take possession of substantially all of ERVC’s assets at the Leased Land, or of ERVC’s interest in this Lease, where possession is not restored to ERVC within ninety (90) days; or should substantially all of ERVC’s assets at the Leased Land or ERVC’s interest in this Lease have been attached or judicially seized, where the seizure is not discharged within ninety (90) days. E. Period to Cure. Avon and ERVC acknowledge that unforeseen circumstances may effect performance and may impact the timeframe to cure defaults as defined in this Section 17. Avon and ERVC may determine in writing that an extended Period to Cure is more practical and appropriate and may add details and conditions as is mutually determined appropriate to any extended Period to Cure. 18. REMEDIES FOR AVON. A. Right Of Entry. If any event of default occurs and is not cured within all applicable cure periods, Avon, besides all such other rights or remedies it may have, shall have the immediate right to enter the Leased Land and take possession thereof and of all improvements thereon and may remove all persons and property from the Leased Land by summary action, or otherwise, and such property may be removed and stored in a public warehouse or elsewhere ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 12 of 22 at the cost of and for the account of ERVC, all without service of notice or resort to legal process except as otherwise provided herein. ERVC agrees to quit and deliver up the possession of the Leased Land, including the Facility and improvements to the Leased Land, when this Lease terminates. B. Additional Remedies. If an event of default occurs, Avon may elect to re-enter, as herein provided, or take possession pursuant to legal proceedings or pursuant to any notice provided for herein, and it may either terminate this Lease, or it may from time to time without terminating this Lease pursue any other remedies available at law or in equity. No such re- entry or the taking of possession of the Leased Land by Avon shall be construed as an election on its part to terminate this Lease or to accept a surrender thereof unless a written notice of such intention be given to ERVC. C. Effect Of Lease Termination. Should Avon at any time terminate this Lease for any uncured event of default, in addition to any other remedies it may have, it may recover from ERVC all damages it may incur by reason of such breach, including the cost of recovering the Leased Land. D. Cumulative Remedies. Any and all remedies provided to Avon for the enforcement of the provisions of this Lease are cumulative and not exclusive and Avon shall be entitled to pursue either the rights enumerated in this Lease or remedies authorized by law or in equity. 19. ASSIGNMENT AND SUBLETTING. Neither this Lease nor any interest herein may be assigned by ERVC, voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of Avon. Further, neither all nor any part of the Leased Land shall be subleased by ERVC without the prior written consent of Avon. Avon understands that ERVC intends to sublease the Facility owned by ERVC to an Operator. Such sublease and Operator terms and conditions shall be defined in an agreement between ERVC and Operator. The general form sublease between ERVC and Operator is attached to this agreement as Exhibit C. Avon shall have the right to review and approve any Operator of the Facility and any final agreement between ERVC and Operator. Any consent to assignment or sublease given by Avon shall not constitute a waiver of necessity for such consent to a subsequent assignment or sublease. Notwithstanding any approved assignment or sublease, ERVC shall remain fully liable under the terms and conditions of this Lease and shall not be released from performing any of the terms, covenants, and conditions hereof. Any subleasing not approved in writing by Avon or assignment in violation of this Section 19 shall be null and void, and further shall be deemed a material breach of this Lease. 20. ERVC INDEMNIFICATION. ERVC shall indemnify and save harmless Avon and its agents from and against any and all claims, actions, damages, suits, judgments, decrees, orders, liability and expense in connection with loss of life, personal injury and/or damaged property arising from or out of the negligent acts or omissions of ERVC, the Operator, its contractors, employees, servants or agents, unless the same shall be caused by the negligence or willful act of Avon. This provision shall survive the expiration or earlier termination of this Lease. 21. INSURANCE A. PROPERTY INSURANCE. ERVC agrees to carry property insurance at all times during the ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 13 of 22 Term which provides protection against any peril generally included in the classification “special form coverage,” insuring the Facility and other building improvements and betterments on the Leased Land, including all appurtenances thereto, in the amount of the estimated replacement value. Said insurance policies shall be with an insurance company or companies with a general policy holders’ rating of not less than “A-VIII” as rated in the most current available A.M. Best’s ratings and which are qualified to do business in the state in which the Leased Land is located. ERVC agrees, in the event of cancellation, ERVC shall provide Avon with notice and a copy of the replacement certificate of insurance which complies with all Lease requirements. ERVC shall furnish Avon a certificate of ERVC’s insurance policies and shall name Avon as a loss payee. B. DESTRUCTION OF THE FACILITY. If the Facility situated upon the Leased Land should be damaged or destroyed, in whole or in part, ERVC shall give immediate written notice thereof to Avon. ERVC shall at its sole cost and expense proceed with reasonable diligence to rebuild and repair such Facility to substantially the condition in which it existed prior to such damage or destruction. If such damage or destruction exceeds forty percent (40%) of the square footage or value of such Facility, or repairs will take over one hundred eighty (180) days to complete, ERVC may, at ERVC’s sole discretion, immediately terminate this Lease by giving Avon written notice. If ERVC terminates this Lease all insurance proceeds for the Facility shall be payable to Avon. C. INSURANCE ON ALTERATIONS. ERVC shall have the right to maintain insurance on all alterations, additions, partitions and improvements erected by, or on behalf of, ERVC in, or about the Leased Land. Such insurance shall be for the sole benefit of ERVC and under its sole control. All such policies shall be procured by ERVC from responsible insurance companies. D. GENERAL LIABILITY INSURANCE. ERVC shall, and ERVC shall cause its Operator, during the entire Lease Term, to keep in full force and effect, a policy or policies of commercial general liability insurance written on an occurrence basis and including coverage appropriate for early childhood education operationsthe Permitted Use of the Facility, product liability, completed operations and contractual liability, with minimum limits of One Million and 00/100 Dollars ($1,000,000.00) per occurrence. ERVC agrees, and ERVC’s Operator shall agree, in the event of cancellation, that it shall provide Avon with notice and a copy of the replacement certificate of insurance which complies with all Lease requirements. Said insurance policy shall be with an insurance company or companies with a general policyholders’ rating of not less than “A-VIII” as rated in the most current available A.M. Best’s ratings and which are qualified to do business in the state where the Leased Land is located and shall name Avon as an additional insured. 22. WAIVER OF SUBROGATION. ERVC hereby waives any and every claim which arises or may arise in its favor against Avon during the Term of this Lease for any and all loss of, or damage to, any of its property within or upon, or constituting a part of, the Leased Land, which loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recoverable under such insurance policies. Such waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release in this Lease with respect to any loss of, or damage to, property of ERVC. Inasmuch as such waiver will preclude the ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 14 of 22 assignment of any aforesaid claim by way of subrogation or otherwise to an insurance company (or any other person), ERVC hereby agrees to give immediately to each insurance company, which has issued policies of fire and extended coverage insurance, written notice of the terms of such waiver, and to cause such insurance policies to be properly endorsed, if necessary, to prevent the invalidation of such insurance coverage by reason of such waiver. 23. AVON’S RIGHT OF ENTRY. Avon and its authorized agents shall have the right to enter the Leased Land upon reasonable prior written notice to ERVC (i) to inspect the general condition and state of repair thereof, (ii) to show the Leased Land to any prospective purchaser or (iii) for any other reasonable purpose. Avon shall use reasonable efforts to minimize interference with ERVC’s business as a result of any such entry by Avon. 24. SURRENDER OF LAND. A. CONDITION OF SURRENDER. ERVC shall, at the expiration or earlier termination of this Lease, vacate the Leased Land and Facility and leave the Facility in a good condition, except for reasonable use and wear thereof, acts of God, or damage by casualty beyond the control of ERVC, and on vacating shall leave the Leased Land free and clear of all rubbish and debris. B. REMOVAL RIGHTS. At the expiration or earlier termination of this Lease, ERVC shall have the right to remove furniture, trade fixtures, equipment, signs, personalty, and other similar items ERVC installed, provided ERVC is not in default at the time of such removal and that ERVC shall repair in a good and workmanlike manner any damage caused by such removal. C. ABANDONMENT. All personal property of ERVC remaining on the Leased Land or in the Facility after the expiration or earlier termination of the Lease Term or after the abandonment of the Leased Land by ERVC may be treated by Avon as having been abandoned by ERVC, and Avon shall have the right to remove such personal property from the Leased Land or Facility without any obligation to deliver such personal property to ERVC and without any liability to ERVC whatsoever. ERVC shall be presumed conclusively to have abandoned the Leased Land or Facility if the amount of ERVC's property removed by ERVC from the Leased Land or Facility is substantial enough to indicate a probable intent to abandon the Leased Land or Facility, and such removal is not within the normal course of ERVC's business. 25. OWNERSHIP. Upon the expiration or earlier termination of this Lease, the ownership of the Facility and any other improvements, will vest in and be held by Avon; provided, however, ERVC shall have the right to remove furniture, trade fixtures, equipment, signs, personalty, and other similar items ERVC installed in the Leased Land unless this Lease is terminated by Avon following an ERVC material default, subject to all applicable cure periods. ERVC will execute a Bill of Sale in a form reasonably acceptable to Avon, or any other documents reasonably requested by Avon, to confirm in writing and convey, if necessary, the title and interest of any of the foregoing improvements to Avon. 26. RIGHT OF FIRST REFUSAL. A. During the Term, and provided there is then no uncured default, Avon hereby grants to ERVC and Vail Valley Foundation (“VVF”) a right of first refusal (“Right of First Refusal”) to purchase ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 15 of 22 all or any portion of the Leased Land, subject to and in accordance with the following provisions: B. Prior to Avon entering into any binding agreement with a bona fide third party purchaser for sale of all or any portion of such propertythe Leased Land, Avon shall deliver to ERVC and VVF a written notice, including a proposed purchase and sale agreement or letter of intent which Avon is willing to accept from such third party, subject to this Right of First Refusal (“ROFR Offer Notice”). The ROFR Offer Notice shall set forth the date for closing on the proposed sale, which shall be no earlier than sixty (60) days from the delivery of the ROFR Offer Notice. C. ERVC and VVF shall have thirty (30) days from receipt of the ROFR Offer Notice to either accept or reject the ROFR Offer Notice. If ERVC rejects the ROFR Offer Notice or if Avon has not received written acceptance or rejection of the ROFR Offer Notice by 5:00 p.m. on the thirtieth (30th) day from ERVC’s receipt thereof, then Avon may enter into and close the proposed purchase and sale on the same terms and conditions as set forth in the ROFR Offer Notice; provided, however, that if Avon and such third party fail for any reason to close such purchase on such terms and conditions within 90 days following the original closing date set forth in the ROFR Offer Notice, this Right of First Refusal shall be deemed reinstated. D. If the ROFR Offer Notice is accepted by ERVC in accordance with this paragraph, Avon and ERVC, or ERVC’s designee, shall close the purchase and sale on the same terms and conditions as set forth in the ROFR Offer Notice, unless otherwise agreed between them. ERVC’s rights under this Lease shall not be merged with the fee ownership of the PremisesLeased Land upon such a purchase or taking of title by ERVC unless ERVC records a termination of this Lease. 27. MEDIATION, ARBITRATION. A. Mediation. In the event of any dispute under this Lease Avon and ERVC agree to first utilize mediation to attempt to resolve such dispute before filing any legal action in the District Court. Either party may submit a request in writing to the other party to use mediation to attempt to resolve a dispute, which request must describe the unresolved dispute in detail. Avon and ERVC shall mutually agree upon a mediator licensed in Colorado. If Avon and ERVC cannot agree upon a mediator, then each party shall appoint its own mediator licensed in Colorado and then those two mediators shall select a third mediator licensed in Colorado who shall then solely serve as the mediator. Avon and ERVC shall split the cost of any mediator equally. Avon and ERVC agree to utilize mediation for at least six (6) months from the date of a written request to utilize mediation, or may utilize mediation for a longer period if mutually agreed in writing by Avon and ERVC. B. Arbitration. In the event of any dispute between the Parties relating to the selection and approval of an Operator or approval of the sub-lease to an Operator, the Parties agree that any such dispute shall be resolved by final and binding arbitration in Eagle County, Colorado by a mutually agreed upon arbitrator. If Avon and ERVC cannot agree upon an arbitrator, then each party shall appoint its own arbitrator who is licensed in Colorado and then those two arbitrators shall select a third arbitrator licensed in Colorado who shall then solely serve as the ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 16 of 22 arbitrator. Avon and ERVC shall split the cost of any such arbitrator equally. The decision of the arbitrator shall be final and binding on the Parties, and judgment thereon may be entered in a court of competent jurisdiction. C. Tolling of Period to Cure. During any periods that ERVC and Avon have commenced and are continuing either mediation or arbitration proceedings pursuant to Section A or B above, all time periods related to the period to cure for then-existing events of default that the Parties seek to resolve through mediation or arbitration will be tolled from the date of written request for such mediation or arbitration. 28. NOTICES. Any notice or document required or permitted to be delivered hereunder may be delivered or shall be deemed to be delivered, whether actually received or not, via overnight mail, via email with acknowledgement of receipt by the recipient, or when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the Parties at the addresses indicated below, or at such other addresses as may have theretofore been specified by written notice delivered in accordance herewith: AVON: Town of Avon, Colorado Attn: [MORE INFORMATION]Town Manager P.O. Box 975 100 Mikaela Way Avon, CO 81620 townmanager@avon.org ERVC: Eagle River Valley Childcare Attn: [MORE INFORMATION]Mike Imhof P.O. Box 6550 90 W. Benchmark, #300 Avon, CO 81620 mimhof@vvf.org 29. MISCELLANEOUS. A. Counterparts. This Lease may be executed in two (2) counterparts, each of which shall be an original but shall together constitute one and the same instrument. B. Entire Agreement/Amendment. This Lease, together with any exhibits hereto, encompasses the entire agreement of the Parties, and supersedes all previous understandings and agreements between the Parties, whether oral or written. The Parties hereby acknowledge and represent, by affixing their signatures hereto, that they have not relied on any representation, assertion, guarantee, warranty, or other assurance, except those set out in this Lease, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Lease. The Parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Lease. In addition, this Lease may not be ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 17 of 22 altered, amended, or otherwise modified except by the express written agreement of the Parties. C. Force Majeure. If the performance of any act required by this Lease to be performed by either Avon or ERVC is prevented or delayed by reason of any act of nature, strike, lockout, labor trouble, unavailability of critical building materials, acts of war, terrorism, civil disturbance, or government orders, the time for performance of the act will be extended for a period equivalent to the period of resulting delay and performance of the act during the period of delay will be excused. However, nothing in this Section shall excuse the prompt payment of any amounts by ERVC as required by this Lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. D. Warranty of Authority. Each individual executing this Lease on behalf of Avon and ERVC represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Avon or ERVC, and that this Lease is binding upon Avon or ERVC. E. Interpretation. Notwithstanding the fact that this Lease (in its original form) was prepared by Avon, this Lease has been reviewed by ERVC and its legal counsel and the terms and provisions hereof have been negotiated by both Parties and this Lease shall not be construed for or against Avon or ERVC. F. Attorneys’ Fees. Each party shall be responsible for its own attorney’s fees and court costs if a Party commences litigation, legal action, or claim to protect its interest, or to enforce any term or provision of this Lease, unless and to the extent recovery of attorney’s fees and costs is expressly addressed elsewhere in this Lease. G. Damages: Each party waives its respective right to incidental, consequential, exemplary, and punitive damages. H. Exhibits. All exhibits referred to herein shall be considered a part hereof for all purposes with the same force and effect as if copied at full length herein. I. Avon/ERVC Relationship. This Lease shall not be construed as creating an association, trust, partnership or joint venture in any way between Avon and ERVC, nor as creating any relationship between Avon and ERVC other than that of Avon granting a leasehold interest to ERVC in said property, thereby creating solely and strictly a "Landlord-Tenant" relationship and no other. J. Captions And Context. The captions of the Sections of this Lease are to assist the Parties in reading this Lease and are not a part of the terms or provisions of this Lease. Whenever required by the context of this Lease, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and neuter genders shall each include the other. K. Waiver of Breach. No waiver of any breach of any provision of this Lease shall be construed to be a waiver of any preceding or succeeding breach of such provision or of any other provision hereof. ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 18 of 22 L. Applicable Law, Jurisdiction and Forum. This Lease and the rights and obligations of the Parties arising hereunder shall be construed in accordance with the laws of the State of Colorado. In the case of any action, suit or proceeding arising out of this Lease, Avon and ERVC agree that jurisdiction and venue shall be in Eagle County, State of Colorado. M. Severability. A determination that any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws will not affect the remainder of this Lease. N. Signatures. Signatures on this Lease that are delivered by facsimile or electronically in a portable document format (pdf) shall be deemed to constitute original signatures. O. Covenant of Good Faith and Fair Dealing. Avon and ERCV acknowledge the covenant of good faith and fair dealing applies to this Lease. Both Parties agree to not unreasonably withhold, condition or delay any action or approval referenced in this Lease. P. Governmental Immunity. No term or condition of this Lease shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq. Q. Recording. At Tenant’s request, Landlord and Tenant will execute a short form of this Lease to be recorded in the public records of Eagle County at Tenant’s cost. Remainder intentionally blank. Signature page follows. ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 19 of 22 IN WITNESS WHEREOF, Avon and ERVC have hereunto executed this Lease on the date(s) set forth below. AVON: TOWN OF AVON By:__________________________________ Attest:_____________________________________ Tamra Nottingham Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk Approved as to Form: Nina Williams, Town Attorney ERVC: EAGLE RIVER VALLEY CHILDCARE By: Print Name: Michael Imhof Title: President and CEO Date: ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 20 of 22 EXHIBIT A: LEGAL DESCRIPTION ATTACHMENT A: Revised Land Lease EXHIBIT A: Legal Description Page 1 of 5 EXHIBIT A: Legal Description Lot 3, Second Amended Final Plat, Amended Final Plat, The Village (at Avon) Filing 1, A Resubdivision of Lot 1, according to the plat thereof recorded at Reception No 201412782, County of Eagle, State of Colorado Exceptions to Title 1. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 4. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded November 19, 1952 in Book 138 at Page 247, recorded December 2, 1936 in Book 123 at Page 456, recorded June 27, 1936 in Book 123 at Page 403, recorded March 14, 1958 in Book 158 at Page 231, recorded January 7, 1891 in Book 35 at page 459, recorder August 31, 1896 in Book 48 at Page 208, recorded August 5, 1921 in Book 93 at Page 320 recorded August 25, 1970 in Book 218 at Page 520 and recorded August 19, 1921 in Book 93 at Page 322, except Right of way of Grand Valley and Denver and Rio Grande Railway Companies. reserving 1) Right of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 5. All coal and other minerals in the land so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39. Stat. 862) as reserved in the United States Patents recorded March 14, 1959 in Book 158 at Page 231, recorded June 27, 1936 in Book 123 at Page 403, recorded August 25, 1979 in Book 218 at Page 520. 6. Each and every right of access of the Granters to and from any part of the Right of Way for Colorado State Highway No. 4, a Freeway, from Nottingham Ranch Company, recorded May 3, 1972 in Book 223 at Page 982. 7. Terms, conditions, provisions and obligations contained in the Permanent Easement for a Perpetual Easement to The State Department of Highways, Division of Highway, State of Colorado recorded May 3, 1972 in Book 223 at Page 983. 8. Right of Way for the Denver and Rio Grande Western Railroad, as described in the Deed recorded June 14, 1887 in Book 5 at Page 222. EXHIBIT A: Legal Description Page 2 of 5 9. Terms, conditions, provisions and obligations contained in the Order and Decree Creating District for The Village Metropolitan District recorded February 3, 1999 at Reception No. 685804. 10. Terms, conditions, provisions and obligations contained in the Incremental Sewer Tap Agreement recorded December 7, 1998 at Reception No. 679009 and Resolution recorded December 26, 2001 at Reception No. 780922. 11. All matters shown on the Annexation Map of The Village (at Avon) No. 1 recorded November 25, 1998 at Reception No. 677739. 12. Terms, conditions, provisions and obligations contained in the Annexation and Development Agreement recorded November 25, 1998 at Reception No. 677743 and First Amendment to Annexation and Development Agreement recorded December 10, 2001 at Reception No. 779049 and Ordinance No. 03-08 recorded July 30, 2003 at Reception No. 842248 and Ordinance No. 04-17 recorded December 22, 2004 at Reception No. 901429. 13. Terms, conditions, provisions and obligations contained in the Town of Avon Ordinance No. 98-14 recorded November 25, 1998 at Reception No. 677740. 14. Terms, conditions, provisions and obligations contained in the Notice of Water Service Agreements recorded November 15, 1999 at Reception No. 714779 and Resolution recorded December 26, 2001 at Reception No. 780923. 15. Terms, conditions, provisions and obligations contained in Resolution 01-09, a Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 1 recorded July 31, 2001 at Reception No. 763438. 16. All matters shown on the plat of The Village (at Avon) Filing 1 recorded May 8, 2002 at Reception No. 795007 and Amended Final Plat of The Village (at Avon) Filing 1 recorded November 18, 2004 at Reception No. 898173 and Amended Final Plat, the Village (at Avon) Filing 1, a resubdivision of Lot 1 recorded contemporaneously with the Special Warranty Deed recorded August 1, 2014 at Reception No. 201412786. 17. Terms, conditions, provisions and obligations contained in the Declaration of Master Design Review Covenants for The Village (at Avon) recorded May 8, 2002 at Reception No. 795011 and First Amendment recorded June 10, 2008 at Reception No. 200812112 and Assignment of Declarant's Rights recorded August 24, 2009 at Reception No. 200918640 and Second Amendment and Ratified First Amendment to Declaration of Master Design Review Covenants for The Village (at Avon) recorded September 16, 2010 at Reception No. 201018341. 18. Terms, conditions, provisions and obligations contained in the Easement with Covenants and Restrictions affecting Land ("ECR") recorded May 8, 2002 at Reception No. 795009 and amended by Amendment to Easements with Covenants and Conditions Affecting land EXHIBIT A: Legal Description Page 3 of 5 ("Amendment") recorded July 7, 2003 at Reception No. 839304 and Amendment and Restated Conveyance of Roadways, Parklands and Easements recorded January 27, 2005 at Reception No. 904568 and Second Amendment to Easements with Covenants and Conditions Affecting Land recorded October 31, 2008 at Reception No. 200823449 and Third Amendment to Easements with Covenants and Conditions Affecting Land recorded August 13, 2010 at Reception No. 201015934 and Partial Assignment thereto recorded August 1, 2014 at Reception No. 201412795. 19. Terms, conditions, provisions and obligations contained in the Declaration of Covenants for the Village (at Avon) Commercial Areas recorded May 8, 2002 at Reception No. 795012 and First Amendment recorded June 10, 2008 at Reception No. 200812111 and Supplemental Notice of Fees and Delinquency Costs recorded September 30, 2011 at Reception No. 20118243. 20. Terms, conditions, provisions and obligations contained in the Amended and Restated Declaration of Covenants for The Village (at Avon) Commercial Areas recorded May 29, 2019 at Reception No. 201907781 and Amended and Restated Notice of Fees and Delinquency Costs recorded August 15, 2019 at Reception No. 201913098 and First Amendment thereto recorded October 1, 2020 at Reception No. 202017387. 21. Terms, conditions, provisions and obligations contained in the Conveyance of Roadways, Parkland and Easements recorded May 8, 2002 at Reception No. 795010 and Amended and Restated Conveyance of Roadways, Parkland and Easement recorded January 27, 2005 at Reception No. 904568. 22. Terms, conditions, provisions and obligations contained in the Subdivision Improvements Agreement, Filing 1 recorded May 8, 2002 at Reception No. 795008. 23. Terms, conditions, provisions and obligations contained in the Radius Declaration recorded May 8, 2002 at Reception No. 795018 and Amended and Restated Radius Declaration recorded January 24, 2003 at Reception No. 821384. 24. Terms, conditions, provisions and obligations contained in the Holy Cross Energy Underground Right of Way Easement between Traer Creek-RP LLC, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation recorded June 19, 2002 at Reception No. 799223. 25. Terms, conditions, provisions and obligations contained in the Holy Cross Electric Underground Right of Way recorded June 19, 2002 at Reception No. 799224. 26. Terms, conditions, provisions and obligations contained in the Trench, Conduit and Vault Agreement between Traer Creek-RP LLC, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation recorded June 5, 2002 at Reception No. 800610. EXHIBIT A: Legal Description Page 4 of 5 27. Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault Agreement between Traer Creek-RP LLC, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation recorded July 5, 2002 at Reception No. 800611. 28. Terms, conditions, provisions and obligations contained in the Trench Conduit and Vault Agreement between Traer Creek-RP LLC, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation recorded August 14, 2002 at Reception No. 804443. 29. Terms, conditions, provisions and obligations contained in the Holy Cross Energy Underground Right of Way Easement between Traer Creek-RP LLC, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation recorded August 14, 2002 at Reception No. 804448. 30. Terms, conditions, provisions and obligations contained in the Trench, Conduit and Vault Agreement – (Lot 1) recorded April 7, 2005 at Reception No. 911468. 31. Terms, conditions, provisions and obligations contained in the Town of Avon Ordinance No. 06-17 Series of 2006 recorded March 2, 2007 at Reception No. 200705490. 32. Terms, conditions, provisions and obligations contained in the Ordinance No. 01-14 Series 2001 recorded January 1, 2002 at Reception No. 782683. 33. Terms, conditions, provisions and obligations contained in the Holy Cross Energy Underground Right of Way easement recorded June 3, 2003 at Reception No. 835334. 34. Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault Agreement between Traer Creek-RP LLC, a Colorado limited liability company and Holy Cross Energy, a Colorado corporation recorded June 3, 2003 at Reception No. 835336. 35. Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault Agreement recorded October 21, 2003 at Reception No. 854548. 36. Terms, conditions, provisions and obligations contained in the Gas Easement recorded June 29, 2011 at Reception No. 201112313. 37. Terms, conditions, provisions and obligations contained in the Gas Easement recorded September 4, 2012 at Reception No. 201217617. 38. Terms, conditions, provisions and obligations contained in the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon) recorded August 1, 2014 at Reception No. 201412777. 39. The Village (at Avon) PUD Guide recorded November 25, 1998 at Reception No. 677744 and PUD Development Plan Administrative Amendment No. 1 to The Village (at Avon) P.U.D. Development Plan/Sketch dated October 9, 1998 as shown on document recorded July 31, EXHIBIT A: Legal Description Page 5 of 5 2001 at Reception No. 763439 and PUD Guide Administration Amendment No. 2 Certificate of Landowner Request recorded February 19, 2002 at Reception No. 786254, PUD Guide Administrative Amendment No. 4 recorded May 15, 2002 at Reception No. 795805 and PUD Guide Administrative Amendment No. 3 recorded May 15, 2002 at Reception No. 795806. 40. Terms, conditions, provisions and obligations contained in the Amended and Restated PUD Guide - The Village (at Avon) recorded August 1, 2014 at Reception No. 201412778. 41. Covenants, conditions, restrictions, notes; easements, reservations and rights of ways as shown on the Amended Final Plat, The Village (at Avon) Filing 1, a resubdivision of Lot 1 recorded August 1, 2014 at Reception No. 201412782. 42. Terms, conditions, provisions and obligations contained in the Amended and Restated Declaration of Covenants for the Village (at Avon) Mixed-Use Areas recorded May 29, 2019 at Reception No. 201907752. Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 21 of 22 EXHIBIT B: DEPICTION OF THE LAND ATTACHMENT A: Revised Land Lease Ground Lease: ERVC April 4May 13, 2025 DRAFT Page 22 of 22 EXHIBIT C: FORM OF SUBLEASE ATTACHMENT A: Revised Land Lease EXHIBIT C: Form of Lease and Sublease Agreement Page 1 of 19 EXHIBIT C: Form of LEASE and SUBLEASE AGREEMENT THIS LEASE and SUBLEASE AGREEMENT (“Lease/Sublease”) is made on _______________, 2025, by and between Eagle River Valley Childcare, a Colorado nonprofit corporation (the “Landlord”), and __________________________________, a _________________________ (“Tenant”). RECITALS WHEREAS, pursuant to a Land Lease dated ________, 2025 (the “Land Lease”), between Town of Avon, a Colorado home rule municipality (the “Fee Owner”) as ground lessor, and Landlord, as ground lessee, Landlord acquired from Fee Owner a leasehold interest in a portion of that certain parcel of land in Eagle County, Colorado, more particularly described and depicted on Exhibit A attached hereto and made a part hereof (the “Leased Premises”): WHEREAS, pursuant to the terms of the Land Lease, Landlord agreed to construct and develop on the Leased Premises an early childhood education facility and all related improvements (collectively, the “Improvements”) as further described and defined in the Land Lease, which Improvements are and shall be owned by Landlord during the term of the Land Lease (the Leased Premises and the Improvements are hereinafter referred to as the “Project”); and WHEREAS, Tenant and Landlord have concurrently entered into that certain [Operator Agreement] (the “Operator Agreement”) regarding the operation of the early childhood education facility (“ECE Operations”); WHEREAS, Landlord desires to sublease the Leased Premises, and lease the Improvements (when completed), to Tenant, and Tenant desires to sublease the Leased Premises and lease the Improvements (when completed) from Landlord, on the terms, conditions, and covenants described herein. TERMS NOW, THEREFORE, in consideration of the foregoing, Tenant and Landlord, intending to be legally bound, hereby agree as follows: 1. DEMISE AND DESCRIPTION OF PROJECT. 1.1 Project. In consideration of the mutual promises and obligations set forth under this Lease/Sublease between Landlord and Tenant, Landlord hereby leases, assigns (to the extent assignable) and delegates to Tenant, and Tenant hereby accepts from Landlord, all of its rights, title and interest in and to the property, contracts, rights and privileges described hereinbelow relating to the Project: EXHIBIT C: Form of Lease and Sublease Agreement Page 2 of 19 (a) Improvements. All Improvements, whether heretofore constructed, presently being constructed or hereafter to be constructed, on or with respect to the Project; and (b) Fixtures. All appliances, machinery, devices, fixtures, appurtenances, equipment, building supplies and equipment, and articles of tangible personal property of every kind and nature, if any, owned by Landlord and located in or at, and used in connection with the ownership, construction, operation or maintenance of, all or any part of the Leased Premises and Improvements. (c) AS IS. TENANT HEREBY ACKNOWLEDGES IT IS TAKING THE LEASED PREMISES IN “AS-IS” CONDITION AND LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE LEASED PREMISES FOR TENANT’S INTENDED USE EXCEPT AS EXPRESSLY LAID OUT IN THIS LEASE/SUBLEASE. TENANT IS RELYING ON ITS OWN INSPECTIONS AND EXAMINATIONS TO DETERMINE THE SUITABILITY OF THE LEASED PREMISES. Tenant acknowledges that it is in possession of the Leased Premises, that Tenant has inspected and examined the entire Leased Premises and utility installations, and that the same were, and are, in good and satisfactory condition. 2. TERM. 2.1 Initial Term. The initial term of this Lease/Sublease (the “Initial Term”) shall be for a period of [____] ([___]) years, commencing on [the date hereof][_____, ____] and ending on the [____] ([___]) anniversary of the date hereof; provided, however, that this Lease/Sublease shall sooner automatically terminate upon (i) the surrender, forfeiture, termination or other cancellation of the Land Lease, or (ii) the termination of the Operator Agreement (the expiration or earlier termination of this Lease/Sublease is referred to herein as the “Termination Date”). 2.2 Operation. Tenant will open and operate the Improvements for the ECE Operations within six (6) months of Construction Completion, as such term is defined in the Land Lease. The Improvements shall be regularly opened on Monday through Friday from at least 7:30 am to 5:30 pm, excluding legal holiday days recognized by the State of Colorado and seasonal school closures that do not exceed forty (40) weekdays per calendar year, or as otherwise agreed to by Landlord and Fee Owner pursuant to the Land Lease and Operator Agreement. Temporary closures due to repairs, inclement weather, labor shortages or disruptions, or other unforeseen causes are permissible but shall not exceed thirty (30) aggregate days in a calendar year unless a greater number of days is approved by Fee Owner in writing. 3. RENT; UTILITIES. 3.1 Minimum Rent. Except as expressly provided in this Lease/Sublease, during the Term hereof, Tenant shall pay to Landlord, without deduction or offset, in monthly installments in arrears on or before the first day of each month during the Term, the “Minimum Rent” as described in the Minimum Rent Schedule set forth on Exhibit B attached hereto. EXHIBIT C: Form of Lease and Sublease Agreement Page 3 of 19 Monthly installments of Minimum Rent shall be prorated on or for any period during the term hereof which is less than a full calendar month. 3.2 Additional Rent. Tenant shall pay when due, and as additional rent hereunder, the following (collectively, the “Additional Rent”): (a) Additional Rent - Net Lease. Tenant agrees to pay as Additional Rent hereunder all Real Property Taxes, impositions, assessments, liens, fees, interest and penalties, insurance premiums, operating charges and maintenance charges relating to or in connection with the Project. The parties hereto expressly intend that this Lease/Sublease is an absolute net lease. To the extent permitted by law (and except as otherwise expressly provided for herein), Tenant shall make all payments due under this Section 3.2(a) directly to the appropriate person or entity to whom such payments are customarily made, and shall provide Landlord, within ten (10) days after payment thereof, with proof of payment. Any payments due under Section 3.2 which cannot be lawfully paid by Tenant to the person to whom such payments are customarily paid shall be paid by Tenant to Landlord within ten (10) days of Landlord’s written demand therefor, accompanied by a valid invoice for the costs in question. (b) Additional Rent – Land Lease. Tenant agrees to pay as Additional Rent hereunder all costs and expenses of every kind whatsoever payable by Landlord, as ground lessee, pursuant to the Land Lease. 3.3 Pro-rata; Place of Payment. Minimum Rent for any period during the Term hereof which is for less than one month shall be a pro-rata portion of the monthly installment. Minimum Rent and Additional Rent shall be payable in lawful money of the United States to Landlord at the address stated in Section 17 hereof or to such other persons or at such other places as Landlord may designate in writing from time to time. 3.4 Utilities. Tenant shall pay directly to the public utility supplying the same, all charges to the Project, if any, for all water, gas, heat, electricity, telephone, television and communication lines and other utilities and services supplied to the Project, together with any taxes thereon. 3.5 Security Deposit. Tenant shall deposit with Landlord, upon execution hereof, a deposit in the amount of [____] and 00/100 Dollars ($[___]), which shall not bear interest, as a security for the faithful performance by Tenant of all terms, covenants and conditions contained within this Lease/Sublease (the “Security Deposit”). If, at any time during the Term of the Lease/Sublease, any of the Minimum Rent or Additional Rent shall be overdue and unpaid beyond any applicable cure period, Landlord may, at its sole discretion, appropriate and apply any portion of the deposit to the payment of any such overdue rent or other fees Tenant is obligated to pay hereunder. In the event Landlord uses any portion of the Security Deposit, Tenant shall remit sufficient funds to restore the Security Deposit to the initial sum deposited, and Tenant’s failure to do so within ten (10) days after receipt of any demand for the same shall constitute a breach of this Lease/Sublease. Should Tenant comply with all terms, covenants and conditions of this Lease/Sublease, remain current on Minimum Rent and Additional Rent as it becomes due, and return the Leased Premises in the same condition as EXHIBIT C: Form of Lease and Sublease Agreement Page 4 of 19 existed on the Effective Date (ordinary wear and tear excepted), then Landlord shall return this Security Deposit in full at the expiration of the Lease/Sublease. 4. RULES AND REGULATIONS. Tenant shall, at Tenant’s sole cost and expense, comply with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any part of the Term that regulate the Project or Tenant’s use and occupancy thereof. Tenant shall not use or permit the use of the Project in any manner that creates material waste or a public nuisance. 5. PAYMENT AND PERFORMANCE OF LAND LEASE COVENANTS. 5.1 Compliance. Tenant shall comply with, and this Lease/Sublease is expressly subject to, all of the provisions of the Land Lease which are to be observed or performed during the term hereof by the Landlord as ground lessee thereunder. 5.2 Termination of Land Lease. If the Land Lease is terminated prior to the expiration date of this Lease/Sublease or any extensions and renewals hereof, whether voluntarily or involuntarily, this Lease/Sublease shall terminate concurrently with such termination or surrender of the Land Lease. 5.3 Incorporation. Insofar as the provisions of the Land Lease do not conflict with specific provisions hereof, they and each of them are incorporated into this Lease/Sublease as fully as if completely restated herein, and the Tenant agrees to be bound to the Landlord by all of the terms of the Land Lease and to pay to Landlord and perform all of the obligations and responsibilities that Landlord, as ground lessee, by the Land Lease assumes toward the Fee Owner. Tenant hereby agrees to indemnify and hold harmless Landlord from any claim, cost, expense, damage, obligation or liability (including, without limitation, reasonable attorneys’ fees and expenses) arising under, relating to or in connection with (i) the Land Lease, (ii) the Project, or (iii) otherwise which arises or is alleged to arise from or in connection with any act or omission of Landlord or any of its agents, directors, officers, employees, servants or invitees under the Land Lease or hereunder. 5.4 Services. Notwithstanding anything herein contained, the only services or rights which Tenant is entitled to hereunder are those to which the Landlord is entitled under the Land Lease and Tenant shall look solely to the Fee Owner under the Land Lease for all such services and rights. 5.5 Acknowledgment. Tenant acknowledges that it has read and is familiar with the terms of the Land Lease. 6. TENANT’S OBLIGATIONS. EXHIBIT C: Form of Lease and Sublease Agreement Page 5 of 19 6.1 Insurance. (a) Requirements. The Tenant will maintain or cause to be maintained insurance coverages described on Exhibit C attached hereto, at the cost and expense of the Tenant, with financially sound and reputable insurers. (b) Premiums. The Tenant shall pay all premiums on insurance policies. The Tenant shall deliver duplicate originals or certified copies of all such policies to Landlord, Fee Owner and any lender of Landlord (“Lender”), and the Tenant shall promptly furnish to the Fee Owner and Lender all renewal notices and evidence that all premiums or portions thereof then due and payable have been paid. At least 30 days prior to the expiration date of the policies, the Tenant shall deliver to the Landlord, Fee Owner and the Lender evidence of continued coverage, in the form of a certificate of insurance satisfactory to the Landlord, Fee Owner and the Lender. (c) General. All policies of insurance required by this Lease/Sublease shall contain clauses or endorsements to the effect that (a) no act or omission of the Tenant or anyone acting for the Tenant (including, without limitation, any representations made in the procurement of such insurance), which might otherwise result in a forfeiture of such insurance or any part thereof, no occupancy or use of the Project for purposes more hazardous than permitted by the terms of the policy, and no foreclosure or any other change in title to the Project or any part thereof, shall affect the validity or enforceability of such insurance insofar as the Landlord, Fee Owner, or the Lender is concerned, (ii) such insurance is primary and shall not be modified, canceled or terminated prior to the scheduled expiration date thereof without the insurer thereunder giving at least thirty (30) days prior written notice to the Landlord, Tenant, Fee Owner and the Lender, and (iv) neither the Landlord, Fee Owner nor the Lender shall be liable for any premiums thereon or subject to any assessments thereunder, and such insurance shall in all events be in amounts sufficient to avoid any coinsurance liability. 6.2 Taxes. (a) Real Property Taxes. Tenant will pay or cause to be paid all Real Property Taxes (as defined below), other taxes, assessments and other governmental charges against the Project before the same become delinquent, and will duly pay and discharge, or cause to be paid and discharged, before the same shall become overdue, all taxes, assessments and other governmental charges imposed upon it and its other properties, sales and activities, or any part thereof, or upon the income or profits therefrom, as well as all claims for labor, materials, or supplies that if unpaid might by law become a lien or charge upon any of its properties; provided that any such tax, assessment, charge, levy or claim need not be paid if the validity or amount thereof shall currently be contested in good faith by appropriate proceedings and if the Tenant shall have set aside on its books adequate reserves with respect thereto; and provided further that the Tenant will pay all such taxes, assessments, charges, levies or claims forthwith upon the commencement of proceedings to foreclose any lien that may have attached as security therefor. As used herein, the term “Real Property Tax” shall mean any levy, tax, assessment, lien, charge or impost of every kind and nature, ordinary or extraordinary, foreseen or unforeseen, general or special, levied, assessed or imposed by any authority having the direct or indirect power to tax, EXHIBIT C: Form of Lease and Sublease Agreement Page 6 of 19 including any city, county, state or federal government, or any school, agricultural, lighting, drainage, transportation, landscaping or other improvement or maintenance district thereof, as against any legal or equitable interest of Landlord in the Project or against any Leased Premises, as against Landlord’s right to rent or other income therefrom, or as against Landlord’s business of leasing the Project. (b) Personal Property Taxes. Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property located on or used in connection with the Project. 6.3 Compliance with Laws, Contracts, Licenses, and Permits. The Tenant will comply with (a) all applicable laws and regulations now or hereafter in effect wherever its business is conducted, including all Environmental Laws, (b) the provisions of its applicable organizational documents and (c) all applicable decrees, orders, and judgments. If at any time any permit or authorization from any governmental Person shall become necessary or required in order that the Tenant may fulfill or be in compliance with any of its obligations hereunder, the Tenant will immediately take or cause to be taken all reasonable steps within the power of the Tenant to obtain such authorization, consent, approval, permit or license and furnish the Lender with evidence thereof. 6.4 Environmental Indemnification. The Tenant covenants and agrees that it will indemnify and hold the Landlord and Fee Owner harmless from and against any and all claims, expense, damage, loss or liability incurred by the Landlord or Fee Owner (including all reasonable costs of legal representation incurred by the Landlord and/or Fee Owner, but excluding any claim, expense, damage, loss or liability as a result of the gross negligence or willful misconduct of the Landlord or Fee Owner) relating to (a) any release or threatened release of hazardous substances on the Project; (b) any violation of any Environmental Laws with respect to conditions at the Project or the Leased Premises or the operations conducted thereon; or (c) the investigation or remediation of off-site locations at which the Tenant are alleged to have directly or indirectly disposed of hazardous substances. 6.5 Response Actions. The Tenant covenants and agrees that if any release or disposal of hazardous substances shall occur or shall have occurred on the Project or the Leased Premises if the same would have a material adverse effect, the Tenant will cause the prompt containment and removal of such hazardous substances and remediation of the Project or Leased Premises as necessary to comply with all Environmental Laws or to preserve the value of such Project to the extent necessary to avoid a material adverse effect. 6.6 Tenant’s Maintenance, Repairs and Alterations. (a) [Tenant’s Obligations. Tenant shall, at its sole cost and expense, during the Term, keep in good order, condition and repair, the Project and every part thereof, structural or nonstructural. Landlord shall incur no expense nor have any obligation of any kind whatsoever in connection with maintenance of the Project or the Improvements thereon, other than with regard to the Landlord’s obligations to construct and pay for the Improvements as required pursuant to the Land Lease.] OR EXHIBIT C: Form of Lease and Sublease Agreement Page 7 of 19 [(a) Landlord's Maintenance. Landlord, at its sole cost, and expense shall maintain, repair and replace in good operating condition and repair, reasonable wear and tear, casualty and condemnation excepted, and in compliance with all applicable laws, all Structural (hereafter defined) components of the Improvements. The term “Structural” shall mean that portion of the Improvements that is integral to the integrity of the Improvements and shall include the footings, foundation, column supports, roof, and roofing system of the Improvements. (b) Tenant’s Maintenance. Subject to Landlord’s obligations in Section 6.6(a), Tenant shall, at Tenant’s own expense, except as otherwise provided in this Lease/Sublease, keep and maintain the entire Project and all parts and systems thereof, including windows and/or plate glass, all utility installations and equipment, and all areas outside of the Improvements including but not limited to the parking lot, loading dock access area, and landscaped areas, in good operating condition and repair, ordinary wear and tear, casualty and condemnation excepted. All repairs, maintenance and replacements required to be performed by Tenant hereunder shall be performed in a prompt, workmanlike manner, shall be promptly paid for by Tenant and no liens shall be allowed to attach either to the Project or Tenant’s interest therein. Notwithstanding anything to the contrary in this Lease/Sublease, if a Capital Repair (as defined below) is required for Tenant to perform its obligations under this Section 6.6(b), the costs incurred by Tenant in completing such Capital Repair shall be amortized over the useful life of the applicable repair, replacement or improvement on a straightline basis at zero percent (0%) interest and Tenant shall only be responsible for paying that portion of the cost for such Capital Repair which is attributable to the portion of the useful life of such Capital Repair that falls within the then remaining Term of the Lease/Sublease, and Landlord shall pay the remainder. In the event the Term of this Lease/Sublease is extended, Tenant shall be liable for the additional portion of the cost for such Capital Repair attributable to the portion of the useful life of such Capital Repair that falls within the extended Term of this Lease/Sublease and shall pay such additional amount at the time such extension is exercised or otherwise entered into. "Capital Repairs" are those repairs, maintenance or replacements having a useful life that extends beyond the Term and costing more than [Ten Thousand Dollars ($10,000)]. Except as otherwise expressly provided in this Lease/Sublease, Landlord has no obligation to make any repairs or replacements or to perform any maintenance at the Project.] (b) Surrender. On the last day of the Term, or on any sooner termination, Tenant shall surrender the Project to Landlord in the same condition as when received (subject to the Improvements and any other improvements then constructed or completed thereon), ordinary wear and tear excepted. (c) Tenant’s Cooperation. Tenant shall cooperate with Landlord in obtaining such permits, approvals and consents as may be required in connection with the construction and development of the Improvements on the Leased Premises and in granting such utility and other easements, rights, restrictions, licenses and other interests as may be necessary in order to develop the Improvements in accordance with the Contracts and the Plans. 7. LIMITATION OF LIABILITY AND INDEMNITY. Notwithstanding any provision of the Land Lease to the contrary, Landlord shall not be liable to Tenant or any of Tenant’s agents, employees, servants, or invitees for any death or injury to persons or damage to property due to the condition or design or any defect in the Project, or any part or component EXHIBIT C: Form of Lease and Sublease Agreement Page 8 of 19 thereof, which may exist or subsequently occur, and Tenant, for itself and its agents, employees, servants, and invitees, hereby expressly assumes all risks and damage to persons and property, either proximate or remote, by reason of the present or future condition of the Project, or any part or component thereof. Tenant agrees that it will indemnify and hold Landlord and Fee Owner harmless from and against all suits, claims, and actions of every kind (and all costs and expenses including, without limitation, reasonable attorneys’ fees) by reason of any act or omission of Tenant, or any of Tenant’s agents, employees, servants or invitees with respect to the Project. 8. HOLDOVER. Any holdover by Tenant at the expiration of this Lease/Sublease without Landlord’s written consent shall constitute a tenancy from month-to-month at a rental in the amount of two hundred (200%) percent of the last monthly installment of Minimum Rent plus all Additional Rent and other charges payable hereunder and upon all other provisions hereof. Tenant shall be liable to Landlord for all damage that Landlord suffers because of any holding over by Tenant. 9. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS; SIGNS. 9.1 Tenant may not make any alterations, additions or improvements to the Project without first obtaining the written consent of Landlord and Fee Owner. All such alterations, additions and improvements shall be made at Tenant’s expense and shall be Tenant’s property during the term of this Lease/Sublease, but shall remain on and be surrendered with the Project at the termination of this Lease/Sublease without disturbance, molestation, or injury, at which time they shall become Landlord’s property. 9.2 Tenant shall not place thereon any signs, placards, blinds, awnings, identifying marks, trademarks, insignia, and advertising and shall not paint any portion of the Project without first obtaining the written consent and approval of Landlord, which shall not be unreasonably withheld, and subject further to the term and conditions set forth in the Land Lease. In the event that Tenant shall place or cause to be placed any signs, placards, blinds, awnings, identifying marks, trademarks, insignia, advertising on or about the Project without the prior written consent of Landlord, and as set forth in the Land Lease, Landlord shall have the right and power to remove the same and make the necessary repairs as a consequence thereof at Tenant’s expense. 10. CASUALTY LOSS. If the Project, or portion thereof, is damaged by fire or other casualty, and the Landlord terminates the Land Lease, this Lease/Sublease shall terminate on the date specified in Landlord’s termination notice. Notwithstanding the foregoing, in the event of any loss or damage to the Project, the Tenant shall give prompt written notice to the insurance carrier, Landlord, and the Fee Owner. Tenant hereby irrevocably authorizes and empowers the Landlord, in the Landlord’s sole discretion, as its or their attorney in fact, to make proof of such loss, to adjust and compromise any claim under insurance policies, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom the Landlord’s expenses incurred in the collection of such insurance proceeds; provided, however, that so long as no Event of Default has occurred and is continuing and so long as the Tenant shall in good faith diligently pursue such claim, the Tenant may make proof of loss and appear in any proceedings or negotiations with respect to the EXHIBIT C: Form of Lease and Sublease Agreement Page 9 of 19 adjustment of such claim, except that the Tenant may not settle, adjust or compromise any such claim without the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, the Landlord shall make such net insurance proceeds available to the Tenant to reconstruct and repair the Project to the condition existing prior to such loss or damage (the “Restoration”), in accordance with the following: (i) no default shall have occurred and be continuing under the Lease/Sublease; (ii) Landlord shall, within a reasonable period of time prior to request for initial disbursement, be furnished with an estimate of the cost of the Restoration accompanied by an independent architect’s certification as to such costs and appropriate plans and specifications for the Restoration, such plans and specifications and cost estimates to be subject to Landlord approval, not to be unreasonably withheld or delayed; (iii) the net proceeds, together with any cash or cash equivalent deposited by Tenant with Landlord, are sufficient to cover the cost of the Restoration as such costs are certified by an independent architect; (iv) Landlord shall be satisfied that payments of Rent hereunder will be covered out of the net proceeds, or other funds of Tenant; (v) Landlord shall be satisfied that, upon the completion of the Restoration, the Project will have substantially the same or greater economic value as it or they would have absent the casualty loss or damage; and (vi) the Project and the use thereof after the Restoration will be in compliance with, and permitted under, all applicable zoning laws, ordinances, rules and regulations (including, without limitation, all applicable Environmental Laws). 11. WAIVER OF ONE BREACH, NOT WAIVER OF OTHERS. Waiver of one breach of a term, condition, or covenant of this Lease/Sublease by either party hereto shall be limited to the particular instance and shall not be deemed a waiver of future or other breaches of the same or other terms, conditions or covenants of this Lease/Sublease. 12. DEFAULT. 12.1 Event of Default. The Tenant shall have breached this Lease/Sublease, an “Event of Default” shall have occurred, and Landlord shall have all of the remedies available to Landlord under this Lease/Sublease and/or which would be available to the Landlord under the Land Lease upon the occurrence of an Event of a Default under, and as that term is defined in, the Land Lease, as well as all other remedies available to a Landlord according to state law, including but not limited to the right to terminate this Lease/Sublease upon the occurrence of any of the events set forth in clauses (a) through [(f)] of this Section 12.1. (a) Tenant fails to make any payment within [ten (10)] days of the date due of Minimum Rent or Additional Rent; or EXHIBIT C: Form of Lease and Sublease Agreement Page 10 of 19 (b) Tenant fails to make payment of any other charge, cost or expense payable hereunder within [fifteen (15)] days of the date due (or on the date due if failure to make payment will result in the imposition of any lien); or (c) Tenant fails to perform any covenant, condition or agreement in the Land Lease to be performed hereunder by Tenant on behalf of Landlord as set forth in this Lease/Sublease and such default remains uncured after any applicable grace period provided in the Land Lease; or (d) Tenant shall make an assignment for the benefit of creditors, or admit in writing its inability to pay or generally fail to pay its debts as they mature or become due, or shall petition or apply for the appointment of a trustee or other custodian, liquidator or receiver of any substantial part of its properties or shall commence any case or other proceeding under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation or similar law of any jurisdiction, now or hereafter in effect, or shall take any action to authorize or in furtherance of any of the foregoing, or if any such petition or application shall be filed or any such case or other proceeding shall be commenced against any such Person and such Person shall indicate its approval thereof, consent thereto or acquiescence therein; or (e) A decree or order is entered appointing any such trustee, custodian, liquidator or receiver or adjudicating the Tenant bankrupt or insolvent, or approving a petition in any such case or other proceeding, or a decree or order for relief is entered in respect of the Tenant in an involuntary case under federal bankruptcy laws as now or hereafter constituted; or (f) Tenant is in default under the Operator Agreement. 12.2 Damages. Upon the occurrence of an Event of Default and in addition to any damages due to Landlord for the Tenant’s default hereunder, Landlord shall also be entitled to all damages to which the Fee Owner under the Land Lease would be entitled in the event of a default thereunder, as well as any other amount necessary to compensate Landlord for all detriment proximately caused by the Tenant’s failure to perform its obligations under this Lease/Sublease, including without limitation, reasonable attorneys’ fees. 13. LANDLORD’S REMEDIES. In the event of an Event of Default, Landlord at any time thereafter may at its option, and to the full extent permitted by applicable law, exercise any one or more of the following remedies: 13.1 Termination of Lease/Sublease. Landlord may terminate this Lease/Sublease, by written notice to Tenant, without any right by Tenant to reinstate its rights by payment of rent due or other performance of the terms and conditions hereof. Upon such termination Tenant shall immediately surrender possession of the Project to Landlord, and Landlord shall immediately become entitled to receive from Tenant an all Minimum Rent and Additional Rent as and when such amounts would otherwise accrue if the Lease/Sublease were still in effect. 13.2 Reletting. With or without terminating this Lease/Sublease, as Landlord may elect, Landlord may re-enter and repossess the Project, or any part thereof, and sublease EXHIBIT C: Form of Lease and Sublease Agreement Page 11 of 19 them to any other person upon such terms as Landlord shall deem reasonable, subject, however, to the terms and conditions of the Land Lease, for a term within or beyond the term of this Lease/Sublease; provided, that any such reletting prior to termination shall be for the account of Tenant, and Tenant shall remain liable for (a) all Minimum Rent, Additional Rent and other sums which would be payable under this Lease/Sublease by Tenant in the absence of such expiration, termination or repossession, less (b) the net proceeds, if any, of any reletting effected for the account of Tenant after deducting from such proceeds all of Landlord’s expenses, reasonable attorneys’ fees and expenses, employees’ expenses, reasonable alteration costs, expenses of preparation for such reletting and all costs and expenses, direct or indirect, incurred as a result of Tenant’s breach of the Lease/Sublease. 13.3 Removal of Contents by Landlord. Landlord may remove all persons and property from the Project, and store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant, without service of notice or resort to legal process (all of which Tenant expressly waives) and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. 13.4 Right of Distress and Lien. In addition to all other rights and remedies of Landlord, if an Event of Default shall occur, Landlord shall, to the extent permitted by law, have a right of distress for rent and lien on all of Tenant’s fixtures, merchandise and equipment in the Project, as security for rent and all other charges payable hereunder. 13.5 Survival of Tenant’s Obligations. No expiration or termination of the Term of this Lease/Sublease pursuant to Section 13.1 above or by operation of law or otherwise (except as expressly provided herein), and no repossession of the Project or any part thereof pursuant to Section 13.1 or 13.2 above or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such expiration, termination or repossession, and Landlord may, at its option, sue for and collect all rent and other charges due hereunder at any time as when such charges accrue. 13.6 Injunction. In the event of breach or threatened breach by Tenant of any provision of this Lease/Sublease, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity in addition to other remedies provided for herein. 13.7 Waiver of Redemption. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future law in the event this Lease/Sublease is terminated, or in the event of Landlord obtaining possession of the Project, or Tenant is evicted or dispossessed for any cause, by reason of violation by Tenant of any of the provisions of this Lease/Sublease. 13.8 Not Exclusive Right. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. EXHIBIT C: Form of Lease and Sublease Agreement Page 12 of 19 13.9 Expenses. In the event that Landlord commences suit for the repossession of the Project, for the recovery or rent or any other amount due under the provisions of this Lease/Sublease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred in connection therewith, including reasonable attorneys’ fees. 13.10 State Laws. In addition to any remedies set forth above, Landlord shall have all of the rights and remedies of a commercial Landlord under the laws of the State of Colorado. Tenant acknowledges and agrees that this Lease/Sublease is intended to benefit from and comply with all state and local laws applicable to the Project. Consequently, Tenant hereby waives all rights to notice, cure periods and procedures pursuant to State law in excess of those permitted herein to the extent permitted under State law, and agrees (i) that all rights and remedies to which Landlord would be entitled under state law are hereby incorporated herein by reference as though set forth in this Section 13.10 in full, and (ii) that any remedy set forth in this Lease/Sublease which is contrary to or not permitted by the laws of the State shall have no force or effect and shall not impair the enforceability of the other provisions of this Lease/Sublease. 13.11 Landlord’s Right to Cure Tenant’s Default. If Tenant defaults in the making of any payment or in the doing of any act herein required to be made or done by Tenant, then Landlord may, but shall not be required to, make such payment or do such act, and charge the amount of Landlord’s expense, with interest accruing and payable thereon at the Default Rate as of the date of the expenditure by Landlord or as of the date of payment thereof by Tenant, whichever is higher, from the date paid or incurred by Landlord to the date of payment thereof by Tenant; provided, however, that nothing herein contained shall be construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Such payment and interest shall constitute Additional Rent hereunder due and payable with the next monthly installment of Minimum Rent due and payable. The making of any such payment or the taking of any such action by Landlord pursuant to this Section 13.11 shall not operate to cure any such default by Tenant or to estop Landlord from the pursuit of any remedy to which Landlord would otherwise be entitled. 14. USE OF PROJECT. The Project shall be used by Tenant primarily as an early childhood education facility serving children 0-5 years of age, with capacity for at least one hundred and sixty (160) children, and may be used for other lawful complimentary uses such as after school care, week-end child care, parent education classes, community meetings, and youth gathering space provided that such complimentary uses do not detract from the primary early childhood education facility use (“Permitted Use”). The Permitted Use shall be conducted at all times in accordance with the laws of the State of Colorado, any applicable licensure requirements, the laws of the Town of Avon and any other applicable federal, state or local laws. 15. APPLICABLE LAW. THIS LEASE/SUBLEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO. 16. CONSENT TO JURISDICTION. Landlord and Tenant hereby consent to the exclusive jurisdiction of the Court of Eagle County of the State of Colorado and/or the United States District Court for the District of Colorado in any and all actions and proceedings arising EXHIBIT C: Form of Lease and Sublease Agreement Page 13 of 19 hereunder or pursuant hereto, and irrevocably agree to service of process by certified mail, return receipt requested, to its address set forth herein or such other address as each may direct to the other in accordance with this Lease/Sublease. Landlord and Tenant irrevocably as an independent covenant waive a jury trial and the right thereto in any action or proceeding between Landlord and Tenant whether hereunder or otherwise. 17. NOTICES. All notices, requests, demands, directions, declarations and other communications provided for herein shall be in writing and shall, except as otherwise expressly provided, be mailed by registered or certified mail, return receipt requested, delivered to a nationally recognized overnight courier service, [sent via electronic mail,] or delivered by hand to the applicable party at its address indicated below: If to Tenant: Access Early Education Foundation Attn: [MORE INFORMATION] E-mail: If to Landlord: Eagle River Valley Childcare Attn: [MORE INFORMATION] Email: Except as otherwise expressly provided herein, each notice, request, demand, direction, declaration and other communication (i) shall be effective three days after deposit when deposited in the mail, postage prepaid, addressed as aforesaid; (ii) shall be effective one day after deposit when deposited with a nationally recognized overnight courier service and (iii) shall be effective upon delivery when hand delivered [or delivered by electronic transmission]. Either party may change its address by a communication in accordance herewith. 18. NO ASSIGNMENT OR SECOND LEASE/SUBLEASE WITHOUT CONSENT. Tenant shall not sell, assign, transfer, convey, or encumber this Lease/Sublease or any part thereof or any interest therein or relet the Project in whole or in part without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion, and subject further to the terms and conditions of the Land Lease. 19. EXCULPATION. Except as otherwise provided herein and except due to Landlord’s negligence or willful misconduct, neither Landlord nor Fee Owner shall be responsible to Tenant or to any other person, firm, partnership, association or corporation for damages or injuries by virtue of or arising out of burst water pipes, leaks from sprinkler or air EXHIBIT C: Form of Lease and Sublease Agreement Page 14 of 19 conditioning systems, leaks from the roof, or by virtue of earthquakes, riots, windstorms, overflow of water from surface drainage, rains, water, fire or by the elements or Acts of God, or from theft. Neither Landlord nor Fee Owner will be liable for any interruption in utilities to the Project. 20. SUBORDINATION. This Lease/Sublease shall be subject and subordinate, in all respects, to the Land Lease. 21. LEASE/SUBLEASEHOLD MORTGAGE. The Tenant is prohibited from encumbering, hypothecating, or mortgaging Tenant’s interest in this Lease/Sublease. 22. COUNTERPARTS. To facilitate execution, this Lease/Sublease may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties be contained on any one counterpart hereof. Additionally, the parties hereby covenant and agree that, for purposes of facilitating the execution of this Lease/Sublease, (a) the signature pages taken from separate individually executed counterparts of this Lease/Sublease may be combined to form multiple fully executed counterparts and (b) a digitally scanned or electronic signature shall be deemed to be an original “wet ink” signature. All executed counterparts of this Lease/Sublease shall be deemed to be originals, but all such counterparts taken together shall constitute one and the same agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO APPEAR ON FOLLOWING PAGE.] EXHIBIT C: Form of Lease and Sublease Agreement Page 15 of 19 IN WITNESS WHEREOF, this Lease/Sublease is executed as of the date recited in the first paragraph above. TENANT: Access Early Education Foundation, a _________________________ By: Name: Title: LANDLORD: Eagle River Valley Childcare, a Colorado nonprofit corporation By: Name: Title: DMS_US.370842442.3 EXHIBIT A DEPICTION OF THE LEASED PREMISES DMS_US.370842442.3 EXHIBIT B MINIMUM RENT SCHEDULE [TBD] DMS_US.370842442.3 EXHIBIT C INSURANCE REQUIREMENTS During the term of the Lease/Sublease, Tenant shall obtain and maintain insurance on the Leased Premises and Project, and all buildings and other improvements thereon, now or hereinafter constructed, for the mutual benefit of Landlord, Fee Owner, Tenant and any mortgagee in accordance with the following requirements: (a) Property insurance at all times during the Term which provides protection against any peril generally included in the classification “special form coverage,” insuring the Improvements and betterments on the Leased Premises, including all appurtenances thereto, in the amount of the estimated replacement value. Said insurance policies shall be with an insurance company or companies with a general policy holders’ rating of not less than “A-VIII” as rated in the most current available A.M. Best’s ratings and which are qualified to do business in the state in which the Leased Premises is located. In the event of cancellation, Tenant shall provide Landlord with notice and a copy of the replacement certificate of insurance which complies with all Lease/Sublease requirements. Tenant shall furnish Landlord and Fee Owner a certificate of Tenant’s insurance policies and shall name Fee Owner as a loss payee. (b) Commercial general liability insurance written on an occurrence basis and including coverage appropriate for the Permitted Use of the Facility (as defined in the Land Lease), product liability, completed operations and contractual liability, with minimum limits of One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Landlord and Tenant agree that in the event of cancellation, that they shall provide Fee Owner with notice and a copy of the replacement certificate of insurance which complies with all Lease/Sublease requirements. Said insurance policy shall be with an insurance company or companies with a general policyholders’ rating of not less than “A-VIII” as rated in the most current available A.M. Best’s ratings and which are qualified to do business in the state where the Leased Premises is located and shall name Landlord and Fee Owner as an additional insured. (c) Umbrella and/or Excess Liability insurance on an “occurrence” basis in an amount not less than $10,000,000 per occurrence. (d) Automobile Liability insurance including coverage on owned, hired and non- owned automobiles and other vehicles, with Bodily Injury and Property Damage limits of not less than $1,000,000 per occurrence combined single limit. (e) Worker’s Compensation and Employer’s Liability insurance to the extent required by the law of the state in which the Leased Premises is located or in the state in which Tenant is obligated to pay compensation to employees, and to the extent necessary to protect Landlord against worker’s compensation claims. The policy limit under the Employer’s Liability Insurance section of the policy shall not be less than $1,000,000 for any one accident. DMS_US.370842442.3 (f) Such other insurance, and in such amounts, as may from time to time be required by any current or future holder of a fee or leasehold mortgage on the Leased Premises against the same or other insurable hazards which are of the type commonly insured against in the case of premises similarly situated. All policies of insurance shall be effected under valid and enforceable policies, in such forms and amounts as above specified, issued by insurers of recognized responsibility which have a minimum A.M. Best Policyholder’s rating of A- and a minimum A.M. Best’s Financial rating of VIII, and which are authorized to transact fire and casualty insurance in the state that the Leased Premises is located. Upon the execution of the Lease/Sublease and thereafter not less than thirty (30) days prior to the expiration date of each policy, a certificate evidencing each policy required to be furnished shall be delivered to Landlord. 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: Vail Valley Foundation Land Lease DATE: April 4, 2025 SUMMARY: This report presents to the Avon Town Council (“Council”) a Land Lease for approximately 2.5 acres situated on the eastern portion of Planning Area E, Village (at Avon) (“Property”) to Eagle River Valley Childcare (“ERVC”) for the construction of an early childhood education facility (“Facility”). Vail Valley Foundation is the organization that is leading the design, funding, construction and programming of this Facility. Vail Valley Foundation formed ERVC as non-profit entity to oversee this Facility and hopefully additional early childhood education facilities in Eagle County. ERVC is controlled by Vail Valley Foundation. This Facility will be 13,600 sq.ft. with twelve classrooms and will have capacity for 160 children. The estimated construction cost is $13,500,000. Vail Valley Foundation is in the process of raising these funds from private donors and through investments by various employers based in Eagle County that secure a limited number of enrollment positions. Vail Valley Foundation hopes to begin construction this June and complete construction before the end of 2026. The Town of Avon received the Property as a dedication for school purposes under the Village (at Avon) Planned Unit Development Guide and the Consolidated, Amended, and Restated Annexation and Development Agreement (“CARADA”). Vail Valley Foundation conducted a request for proposal process for an Operator and selected Access Early Education and founder Jennifer Knott, who has successfully opened early childhood education facilities in Glenwood Springs, Rifle, Grand Junction and Crested Butte. TERMS OF THE LAND LEASE: Several terms in the Land Lease are highlighted for Council as follows: Term: 50 years, commencing May 1, 2025. Avon Contributions: In addition the 50 year Land Lease, the Town of Avon would contribute the following: • Construction of a bus stop (estimated costs $50K to $70K) • Installation of Photovoltaics and Battery Capacity (estimated costs $100,000) • Cash contribution of $400,000, coming from the Avon Downtown Development Authority funds and conditioned upon approval of agreement between Town of Avon and Avon DDA • Complimentary passes to Avon Recreation Center for all employees of the Facility • Waiver of Use Tax, Sales Tax, Real Estate Transfer Tax (estimated value of $270,000) • Waiver of Plan Review and Building Permit Fees (estimated value of $113K) ATTACHMENT B: April 4, 2025 Report Page 2 of 2 • Avon would receive a de minimus ownership interest in the Facility so that it is exempt from property taxes to all jurisdictions. Avon’s Rights: The Town of Avon has the following rights under the Land Lease: • Primary use of Facility is restricted to early childhood education. Accessory uses are also allowed. • Avon has the right to participate in selection of Operator, including right review and approve the Operator. [NOTE: I participated in all steps of reviewing proposals for the Operator, Tamra and I participated in the second interviews, and I attended site visits to pre-school facilities in Glenwood Springs and Grand Junction this spring]. • Avon has the right to review and approve the sub-lease agreement with the Operator. • Avon has the right to twenty-four priority enrollment positions for children of Town of Avon employees and Town Officials and for children of Town of Avon residents and owners/employees of businesses located in the Town of Avon. Allocation of these priority enrollment positions would be administered by the Human Resources division. • The Operator must provide tuition assistance for at least 32 enrollment positions with at least 50% reduction in tuition. • Avon would own the Facility after 50 years and expiration of the Land Lease term. Leasehold Financing: Vail Valley Foundation contemplates the need for bridge financing during the construction and fund raising period. Section 13 sets forth the right of ERVC to obtain Leasehold Financing which must be paid and satisfied in full by December 31, 2030. Right of First Refusal: ERVC has a right of first refusal if the Town of Avon decides to sell its interest in the land before the expiration of the Term. Mediation and Arbitration: The Land Lease contains provisions for mediation and arbitration as less costly and faster methods of dispute resolution alternatives to traditional litigation. LEGAL REVIEW: Bo Riley from Nina’s office reviewed this Land Lease and provide considerable assistance to sort through the terms. RECOMMENDATION: I recommend approval of this Land Lease. This will be a great use of the property and will add much needed additional pre-school capacity serving the Avon community. PROPOSED MOTION: “I move to approve the Land Lease for the Eagle River Valley Childcare facility on a portion of Planning Area E, Village (at Avon).” Thank you, Eric ATTACHMENT A: Land Lease ATTACHMENT B: April 4, 2025 Report (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Chief Greg Daly RE: Wildland Fire Community Preparedness Month Proclamation DATE: May 13, 2025 SUMMARY: The Town of Avon, in partnership with Eagle County Government, Eagle River Fire Protection District, Eagle County Wildfire Collaborative, and Eagle Valley Wildland, continues to advance our shared commitment to Wildland Fire Community Preparedness. A work session focused on evacuation preparedness will be held on May 27, 2025, addressing plans specific to the Town of Avon. During this session, Chief Karl Bauer, Division Chief Michael Woodworth, and Division Chief Hugh Fairfield-Smith of the Eagle River Fire Protection District will present updates on preparedness initiatives and current fire mitigation efforts within Avon and neighboring communities. They will also outline strategies for the upcoming spring and summer fire season. In recognition of these efforts, a proclamation is being proposed to Mayor Underwood and the Avon Town Council to declare May 2025 as Wildland Fire Preparedness Month. This proclamation will be supported by a joint resolution in collaboration with the Eagle County Board of Commissioners and other municipalities and fire protection districts across Eagle County. BACKGROUND: Wildfire community preparedness remains a significant focus for the Avon Town Council and Town Staff. Recognizing the escalating challenges faced by the community in recent years, the Eagle County Wildfire Collaborative has outlined five recommended tasks/actions for the community to undertake throughout May, aiming to enhance preparedness. Further details on these initiatives are available at www.ecemergency.org or at www.facebook.com/ECEmergency Task 1 Sign Up Be in the know and sign up for the Eagle County Alert system to receive the latest information about wildfire incidents and evacuation notices. Subscribers can elect to receive time-sensitive emergency messages to their phone, desktop and/or mobile device. Sign up here for EC Alert. *New* ReachWell App Receive emergency alerts in 130+ languages with the County’s new app from ReachWell. It is easy to sign up and you can begin receiving notifications right away: 1. Download the ReachWell app on your phone (Apple | Google) 2. Allow notifications 3. Add Eagle County Alerts 4. Select your preferred language Task 2 Check your insurance Call your agent or insurance company this wildfire season to discuss your policy limits and to make sure that your policy reflects the correct square footage and features in your home. If you are a renter, call your renters insurance provider to confirm that your policy includes wildfire damages. Task 3 Make a plan Make a plan and complete your Emergency Checklist by determining your evacuation route and creating an emergency supply kit with plans for your 6 P's: -People and pets -Papers, phone numbers and important documents -Prescriptions, vitamins, and eyeglasses -Pictures and memorabilia -Personal computers (information on hard drive and removable memory) -Plastic (credit cards, debit cards) and cash Task 4 Home assessment Learn about wildfire safety and steps that you can take to reduce wildfire risk in and around your home by signing up for a REALFire home assessment. These voluntary assessments are performed by trained fire professionals and may qualify you for a cost-share assistance grant that will cover a portion of your mitigation work. To learn more and to submit an application, please visit realfire.net Task 5 Preparedness Recap Thank you for joining us in creating a more wildfire-prepared county. This month, you've followed critical steps by signing up for EC Alert, moving firewood away from structures, making a plan that satisfies your emergency checklist, and learning about how to create defensible space around your home with a REALFire assessment. Congratulations, you are now Wildfire Ready! We look forward to continued collaboration in building a fire-resilient community. Thank you, Chief Greg Daly ATTACHMENT A: Eagle Board of County Commissioners Joint Resolution ATTACHMENT B: Proclamation Proclaiming May as Wildfire Preparedness Month in Town of Avon # # # Page 2 of 2 ATTACHMENT A Commissioner _________________________ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2025 - _________ A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWNS OF GYPSUM, MINTURN, EAGLE, REDCLIFF, AVON AND VAIL, THE FIRE DISTRICTS OF GYPSUM, EAGLE RIVER, AND GREATER EAGLE, AND THE ROCK CREEK AND VAIL FIRE DEPARTMENTS, PROCLAIMING MAY 2025 AS WILDFIRE PREPAREDNESS MONTH WHEREAS, twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four out of the five largest fires in state history have occurred within the last five years, including the most destructive fire in state history just three and a half years ago; and WHEREAS, warmer temperatures, drought, and continued development in the wildland- urban interface have made wildfire mitigation a top priority for Eagle County and surrounding jurisdictions; and WHEREAS, Eagle County , the Towns of Gypsum, Minturn, Eagle, Redcliff, Avon, and Vail, and the Fire Districts of Gypsum, Eagle River, and Greater Eagle, and the Rock Creek Volunteer Fire Department, and the Vail Fire Department (the foregoing are hereinafter collectively referred to as the “Parties”) have determined that they share the common goals of wildfire risk reduction, wildfire preparedness, and public education; and that collaboration in these areas will lead to unified and fire-adapted communities throughout Eagle County and surrounding areas; and WHEREAS, Wildfire Preparedness Month is focused on encouraging residents to learn about wildfire safety and take steps to reduce wildfire risk in and around their homes; and WHEREAS, the Parties desire to join in support of Wildfire Preparedness Month and to designate May 2025 as Wildfire Preparedness Month within their respective jurisdictions. NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE PARTIES by and through their governing bodies: THAT, May 2025 is hereby designated as Wildfire Preparedness Month within the respective jurisdictions of the Parties. THAT, the Parties hereby find, determine, and declare that this Resolution is necessary for the safety, welfare, and resilience of their residents. 2 MOVED, READ AND ADOPTED by the undersigned on the dates set forth hereunder. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: ______________________________ Jeanne McQueeney ____________________________ Chair Clerk to the Board of County Commissioners ______________________________ Tom Boyd Commissioner ____________________________ Matt Scherr Commissioner Commissioner ____________________ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney ______________ Commissioner Boyd ______________ Commissioner Scherr ______________ This resolution passed by __________________ vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 ATTEST: TOWN OF GYPSUM, COLORADO ___________________________ By: ___________________________________ Polly Keene, Interim Town Clerk Steve Carver, Mayor ATTEST: TOWN OF MINTURN, COLORADO ________________________ By: ___________________________________ Jay Brunvand, Town Clerk Earle Bidez, Mayor ATTEST: TOWN OF EAGLE, COLORADO ________________________ By: ___________________________________ Camille Deering, Town Clerk Scott Turnipseed, Mayor ATTEST: TOWN OF REDCLIFF, COLORADO ________________________ By: ___________________________________ Melissa Mathews, Town Clerk Duke Gerber, Mayor ATTEST: TOWN OF AVON, COLORADO ________________________ By: ___________________________________ Miguel Jauregui Casanueva Town Clerk Tamra N. Underwood, Mayor ATTEST: TOWN OF VAIL, COLORADO ________________________ By: ___________________________________ Steph Johnson, Town Clerk Travis Coggin, Mayor 4 Eagle River Fire Protection District By: ___________________________________ Name: Greater Eagle Fire Protection District By: ___________________________________ Name: Rock Creek Volunteer Fire Department By: ___________________________________ Name: Gypsum Fire Protection District By: ___________________________________ Name: Vail Fire and Emergency Services By: ___________________________________ Name: Resolution Form – 2025 May 13, 2025 Page 1 of 1 PROCLAMATION PROCLAIMING MAY AS WILDFIRE PREPAREDNESS MONTH IN THE TOWN OF AVON WHEREAS, the State of Colorado has witnessed a significant increase in the frequency and magnitude of wildfires, with twenty of the largest wildfires occurring within the last twenty years, and four out of the five largest fires in state history happening within the last five years, including the most destructive fire in state history just over two years ago; and, WHEREAS, the convergence of warmer temperatures, prolonged drought conditions, and ongoing development in the wildland-urban interface has elevated the imperative of wildfire mitigation as a primary concern for Eagle County and its surrounding jurisdictions; and, WHEREAS, the observance of Wildfire Preparedness Month aims to galvanize community efforts toward enhancing wildfire awareness, fostering proactive engagement in wildfire safety practices, and implementing measures to mitigate wildfire risks within residential and wilderness areas; and, WHEREAS, the collective adoption of wildfire mitigation strategies fosters cohesion and resilience among the communities of the Town of Avon and Eagle County, forging a shared commitment to fostering fire-adapted environments; and, WHEREAS, the Avon Town Council recognizes that the promotion of wildfire awareness and preparedness is paramount to safeguarding the health, safety, and overall welfare of the Avon community, and deems it fitting to align with the Eagle Board of County Commissioners in affirming May 2025 as Wildfire Preparedness Month; NOW, THEREFORE, BE IT PROCLAIMED BY THE TOWN OF AVON that the Avon Town Council, in recognition of the urgency and importance of wildfire preparedness, hereby designates May 2025 as Wildfire Preparedness Month in the Town of Avon. DONE this thirteen day of May, in the year two thousand twenty-five. NOW, THEREFORE, BE IT PROCLAIMED BY THE TOWN OF AVON that the Avon Town Council hereby declares May 2025 as Wildfire Preparedness Month in the Town of Avon. ADOPTED MAY 13, 2025, by the AVON TOWN COUNCIL By: Attest: ___________________________ Tamra N Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B 970-390-2014 ewilson@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Eva Wilson, Engineering Director RE: Notice of Award – Pedestrian Mall Extension Design DATE: May 7, 2025 SUMMARY: Staff requests Council authorization to issue a Notice of Award (“NOA”) for the design of the Main Street Pedestrian Mall Extension project as approved in the Town of Avon 2025 Capital Projects Fund and to increase the budget from $200,000 to $425,000. The proposed budget increase is due to project scope clarification, redesigning two parking lots and Mikaela Way, and additional survey work. The project will extend and enhance the Pedestrian Mall from Lettuce Shed Lane Plaza to Lake Street, upgrade the civic plaza in front of the Town Hall, and improve crosswalks at Mikaela Way and Lake Street. Additionally, the Recreation Center and Library parking areas will be redesigned for better functionality and access. In addition, CDM Smith, the design engineers for Avon’s existing Heat Recovery System, evaluated the potential to expand the system for use in a snow melt application at the Pedestrian Mall. CDM Smith advised against using the Heat Recovery System for outdoor pavement snow melting due to the higher heat and energy demands. Significant upgrades would be required. Wastewater heat recovery is best suited for heating buildings, not outdoor surfaces. As a result, further evaluation of an in-ground snow melt system is not included in this project. BACKGROUND: Following the completion of the La Zona planning effort in 2023, Council directed staff to move forward with the design and construction of the Pedestrian Mall extension from Lettuce Shed Lane to Harry A. Nottingham Park. The Conceptual Design process began with a joint work session involving the Town Council, Avon Planning and Zoning Commission, Avon Downtown Development Authority, Health & Recreation Committee, and the Cultural Arts and Special Events Committee. Subsequently, each citizen committee held one or more meetings to review the proposed Conceptual Design options, ask questions, and provide feedback. At its March 10, 2025, meeting, the Planning and Zoning Commission recommended Option 2. Town Council endorsed this recommendation and approved moving forward with Option 2 at its March 25, 2025, meeting. Option 2: Main Street Mall Extension Project Concept Firm Selection Process: In 2022, five firms submitted Statements of Qualifications (“SOQ”) for on-call transportation engineering services. Stolfus and Associates was selected under an agreement that was Page 2 of 2 extendable for up to three years. In 2025, following a new competitive process with nine SOQs submitted, Stolfus and Associates was again selected as Avon’s On-Call Transportation Consultant. Construction Schedule: Construction is scheduled to start in the Spring of 2026. FINANCIAL CONSIDERATIONS: NOTE: The $3,000,000 construction estimate is a “placeholder” at this time. Actual cost will depend upon the scope of the project and impact to underground infrastructure. Current CIP Budget: 2025 - Main Street Mall Extension Design $ 200,000 2026 - Main Street Mall Extension – Construction $3,000,000 Total Current CIP Budget: $3,200,000 Total Design Cost Estimate: Conceptual Design (completed) $ 60,000 Design $ 332,000 Contingency (10%) $ 33,000 Total design Costs: $ 425,000 Additional CIP Funds needed to complete design: $225,000 ($ 425,000 - $ 200,000) Final Estimated Project Budget if Approved: 2025 - Main Street Mall Extension – Design $ 425,000 2026 - Main Street Mall Extension – Construction $3,000,000 Total Estimated CIP Budget: $3,425,000 RECOMMENDATION: I recommend Council approve the Notice of Award to Stolfus and Associates for the design of the Main Street Mall Extension Project in the amount of $332,000. TOWN MANAGER COMMENTS: The design proposal is comprehensive and includes several related disciplines. The overall design cost and potential projects are higher due to increased parking space and parking lot construction and reconfiguration contemplated in the project. I support Eva’s recommendation to PROPOSED MOTION: “I move to approve the Notice of Award for design of the Main Street Mall Extension Project to Stolfus and Associates in the amount of $332,000.” Thank you, Eva ATTACHMENT: Stolfus and Associates Design Proposal 5690 DTC Boulevard, Suite 330W Greenwood Village, CO 80111 phone:303-221-2330 • fax: 303-221-2331 www.stolfusandassociates.com May 7, 2025 Eva Wilson, PE, PTOE Engineering Director Town of Avon EWilson@Avon.org RE: Proposal for Avon Mall Final Design Dear Eva: The Town of Avon has identified a need to extend the Avon Main Street Mall from Lettuce Shed Ln to Nottingham Park. The desire is to implement Option 2 developed during the conceptual design effort and attached to this scope of work. Plans would include the following: Pedestrian walk from Lettuce Shed Ln. to Lake St. with decorative pavers to match existing mall, bollards, furnishings, relocated sculptures, possible low retaining walls, overhead string lights, and landscaping. Plaza at town hall with seating, relocated sculpture, furnishings, planter areas. Plaza between the library and recreation center (west of Mikaela Way). Plaza at Lake St. including seating, shade sails and crossing of Lake Street. Modified parking lot, walks and landscape, street closure, bollards/planters on Mikaela Way. Modified parking lot, walkway connections, landscape modifications and buffer, west of recreation center. Enhanced raised crossing and modified parking along Lake street including, stone bollards, and landscape. This task order identifies the scope of work necessary to perform a preliminary and final design and deliver construction documents for advertisement. SCOPE OF WORK Work Element 1 – Project Administration / Coordination(Stolfus & Associates, Inc.) Stolfus & Associates, Inc. (Stolfus), will review/process invoices, as well as provide other project administration/ management services (coordination and product review) throughout the duration of the project. Stolfus will be responsible for day-to-day management and coordination of the work elements included in this scope of work. Stolfus will work with the Town’s project manager to establish a schedule of activities for each task element, as appropriate. Stolfus and DHM will participate in the following meetings: kick-off meeting (virtual) bi-weekly status meetings with the Town staff (1/2 hour - virtual) – will be used to provide over the shoulder design reviews and make design decisions as the project progresses biweekly internal design team meetings (1/2 hour - virtual) 30% design review meeting with site visit (in-person) Planning commission meeting (up to 2 in person) Town Council meeting (1 in person) All other meetings will be billed on an hourly basis with written approval from the Town Meeting minutes will be prepared and distributed for the kick-off and review meetings. A note-taking tool such as One-Note will be used to document bi-weekly status meetings and shared with Town staff. It is anticipated that ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 2 Town staff will prepare presentations for planning commission and Town Council meetings and Stolfus Team Staff may provide exhibits for incorporation into overall presentations and attend to answer questions. Work Element 1 Deliverables: Schedule Monthly invoices and progress reports Meeting minutes Work Element 2 – Survey & ROW (Farnsworth Group) Farnsworth Group, Inc. (FGI) will provide professional land surveying services for the design phase of the Avon Mall project. The survey limits are illustrated in the attached exhibit and include the mall from Lettuce Shed Lane – 100 feet west of Lake Street along the Main Street Mall (building face to building face, all of Mikaela Way, Lake Street from W. Benchmark Rd to W. Beaver Creek Blvd, and the parking lots between these roadways (see survey exhibit for areas). This project will require: a control network and diagram; topographic survey of the survey area (approximately 9.2 acres of urban areas), existing right-of-way / boundary lines, the location and survey of the existing utilities and up to three temporary easement exhibits. The following tasks are included: 1. Project Management: a. Attend biweekly meetings and project updates. Meeting attendance, in person or virtual, is limited to 8 hours of Land Survey Manager time. i. Permission to Enter forms are not included in this scope of work. It is assumed that the Town of Avon will notify the property owners of the work. 2. Project Control: Establish a project control network (a modified state plane network using NAVD 88 elevations) along the project area. a. Expand an existing modified state plane survey control network in the area. Research existing survey control monumentation in the area, such as NGS benchmarks and CDOT control monuments. Set additional control monuments where needed. b. Set temporary traverse points for conventional Total Station work. c. Create a Project Control Diagram (PDF) of the control point coordinates and their locations for future construction and to be included in right-of-way plans. d. This scope of services does not include boundary resolution in case any substantial discrepancy, ambiguity, gap, overlap or conflict with lines of possession is discovered during the boundary survey. If any such issues arise, Farnsworth Group will advise the Client and negotiate additional scope and fee. 3.Survey: Provide a topographic survey of Main Street Mall defined area within the survey limits. The survey limits are shown on the attached exhibit and described below. This scope of work does not include traffic control for this work. All work will be conducted either with scans or survey staff. No lane closures are anticipated to conduct the work. a. Roadway areas: i. Lake Street (right of way (ROW) to ROW) from Benchmark Road to W. Beaver Creek Boulevard, including both intersections (approximately 1200 feet). This area also includes a 100-foot swath, west of Lake Street within the park area excluding the parking lot on the west side of Lake Street north of Benchmark Road. ii. Mikaela Way (ROW to ROW) from Benchmark Road to Lake Street. iii. Benchmark Road from ROW on North to edge of pavement on the south side from Mikaela Way to 100’ west of Lake Street. ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 3 b. Walkway areas: i. Main Street Mall area, approximately 600 feet long by 120 feet wide (building face to building face in areas) and includes multiple parking areas and landscaped areas. ii. All areas between Mikaela Way and Lake Street excluding the buildings and south parking area along Benchmark Road. c. Tree survey: i. Individual trees will be surveyed, listing trunk diameter and the approximate tree canopy diameter within the utility and tree survey limits attached. ii. NOTE: if dense enough, trees may be identified as grove of trees with a note listing the approximate number and size of the trees. d. Provide an ORD 3-D drawing and surface of the existing surveyed topography along with ground elevations using one-foot contours. 4. Existing Right-of-Way and Boundary Determination: a. Research the Town and county records for right-of-way information for Lake Street and Makaela Way and subdivision plats and deeds for the areas that border those streets and the Main Street Mall area to determine preliminary ownership lines. i. No title commitments or title work will be ordered at this time. b. Draw up any survey plats, deeds, and any existing right-of-way documents. Plot any easements found in research documents, provided they are plottable without the need for additional research or field surveys. c. Perform a field search and survey to tie in found boundary or aliquot monuments. d. Adjust the calculated Right-of-way / boundary lines per found monumentation and evidence. e. Create an existing ROW / Ownership drawing exhibit showing the calculated existing roadway right of way and preliminary property boundaries within the survey limits. 5. Easement Documents: a. Create up to three temporary easement (TE) exhibits for potential construction needs. These will be defined during design. b. NOTE: No Right-of-way plans or legal descriptions will be created in this scope of work. Farnsworth can provide a cost for this work if needed. 6. Utility Survey: a. Locate underground utility lines within the Utility survey limits (see survey limits exhibit). i. Only horizontal locations, no depths will be provided without potholes. b. Survey utility locates and create an existing utility drawing. 7. The cost of this proposal includes estimated reimbursable expenses such as utility locate costs, vehicle use/mileage, GNSS and conventional surveying instruments, and hotel and per-diem costs. 8. Farnsworth Group is not responsible for delays due to inclement weather, severe wind, snow cover, ice cover, or site access issues. Work Element 2 Deliverables: Topographic site and surface drawing in ORD Project control diagram ROW / Ownership Map drawing and PDF Up to 3 TE exhibits Existing utility drawing ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 4 Work Element 3 – Path Alignment/Grading & Roadway/Traffic/Parking Lot Design (Stolfus) 30% Design At project initiation, a conceptual opinion of probable cost (OPC) will be developed based on the Option 2 conceptual layout to plan for construction funding. Quantities and costs will be high level for planning purposes. Roadway and trail design criteria will be confirmed. Designs will be developed based upon applicable Town, County, and AASHTO standards, specifications, and guidance as well as the current state-of-the-practice around accessibility design within the public right-of-way. We will assume PROWAG guidance applies to designs for the project. Stolfus will complete a (30%) design of the Avon pedestrian mall between Lettuce Shed Ln and Lake St as depicted by Option 2 attached. It is assumed that the existing mall will be removed and replaced with a new pedestrian path alignment. A horizontal and vertical alignment for the pedestrian pathway will be developed. The design will be coordinated with urban design and landscape treatments, including 3 plazas. The slope of the path will meet ADA requirements and connect to other pathways that connect to the mall. A preliminary 3-D model will be developed to understand the grading necessary to tie-in and achieve drainage patterns that can be managed with existing water quality treatments. If this cannot be achieved, recommendations for drainage and water quality design will be identified with RESPEC per Work Element 5. Stolfus will design an ADA accessible crossing of Mikaela Way and the necessary improvements to close vehicular access on Mikaela Way at the crossing, including updated on-street parking layouts and circulation treatments. In addition, Stolfus will design an enhanced raised crosswalk with RRFB’s at the Lake Street crossing. On-street parking updates on Lake Street will be designed. Curb ramp layouts at street crossings will be laid out, but not detailed. Associated signing and striping for the crossings will be included. Modifications to the library parking lot will be designed and a 3-D model will be developed to understand the grading necessary to tie- in and achieve positive drainage. Stolfus will provide design data to DHM to prepare a 30% roll plot for review as described Work Element 4 and will review the 30% roll plot prior to submittal to the Town. 30% plans will not be prepared. Estimated quantities of major items and a 30% OPC with contingencies for minor items will be provided. Prior to submittal to the Town of Avon, Stolfus will perform a quality control (QC) review of deliverables for completeness, accuracy, and appropriateness. The Stolfus Project Manager will be responsible for scheduling QC reviews with senior technical staff. Stolfus will provide written responses to comments from the 30% design that will be addressed during 100% design. 100% Design Based on 30% comments, the design of the path, roadway improvements, and library parking lot will be advanced to a 100% level. Stolfus will prepare project documentation of 100% plan, project specifications, and opinion of probable cost. 3D models will be advanced to provide spot elevation details for the design elements and confirmation of any ROW impacts. Curb ramps will be vertically designed with curb ramp details. Traffic design plans with signing and striping and RRFB details will be prepared. Construction phasing and traffic control are not included in this scope of work. Traffic control quantities will be estimated for Lake Street and Mikaela Way improvements and a high level construction schedule will be prepared. Stolfus will provide overall utility coordination for the project. Stolfus will review utility locates with the updated designs and evaluate proposed design with existing utilities to identify impacts. Utility plans will be prepared and potential conflicts will be identified through a utility matrix. Stolfus will hold up to 2 Utility Coordination Meetings with the Town and affected utility companies to review impacts and relocations (one virtual and one in-person meeting). The in-person meeting will be scheduled such that only one day is required to meet with all utility owners. Additional one-on-one contacts via phone and email will be provided to coordinate relocations with utility companies. Stolfus will also prepare a utility specification that outlines the utility impacts and actions by the ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 5 contractor and/or utility company. Requests from utility companies for additional information (QL-B or QL-A data) will be addressed by Town Staff. Stolfus will prepare 100% plans including: title sheet, general notes, survey control diagram, typical sections, geometric control plans, summary of approximate quantities, tabulations, removal plans, horizontal roadway/path plans, path profile roadway & crossing details, grading plans (with spot elevations), SWMP utility conflict plans and matrix signing and striping and RRFB plans and details urban design and landscape plans (see Work Element (WE) 4) lighting plans (see WE 6) structural details for plaza walls/seat walls (see WE 7) Prior to submittal to the Town of Avon, Stolfus will perform a quality control (QC) review of deliverables for completeness, accuracy, and appropriateness. The Stolfus Project Manager will be responsible for scheduling QC reviews with senior technical staff. The Town will conduct a review of the 100% documents and provide written comments to the Stolfus Team for inclusion in the Ad set. Stolfus will provide written responses to comments from the 100% design. Ad Plans The Advertisement documents will incorporate comments from the 100% design and consist of advertisment plans, specifications, and engineer’s opinion of probable cost. General conditions are excluded from this scope of work. The Ad plan package will be submitted to in electronic (PDF) format to the Town for reproduction by the Town. This scope of work does not include major design changes identified by the 100% design. Work Element 3 Deliverables: Conceptual OPC 30% roll plot and OPC 100% plans, specifications, OPC and construction schedule Ad plans, specifications, OPC and construction schedule Work Element 4 – Urban/Landscape Design (DHM Design) DHM will work closely with Stolfus and the Town to develop detailed construction plans and specifications for contractor bidding. The following services are included: ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 6 Task 1: 30% Plans (Roll Plot) - DHM will prepare construction plans for the pedestrian mall extension and adjacent improvements. We will provide the following: A roll plot that includes layout of pedestrian mall, modified parking lots and plazas, preliminary landscaping (1 sheet at 1”=20’). Plaza Enlargement Plans (2 sheets at 1”=10’). DHM will provide up to 2 additional design options for each plaza. Site Details (pavers, walks, conc. edges, bollards, boulders, shade sails, seating, furnishings, etc.) Preliminary Estimate of Probable Cost DHM will coordinate locations of bollard lighting and other fixtures with lighting consultant to include on plan. Task 2: 100% Construction Plans and Specifications - Based upon client comments, DHM will prepare final construction plans for the pedestrian mall extension and adjacent improvements. We will provide the following: Layout and Materials Plan (2 sheets at 1”=20’) Plaza Enlargement Plans (2 sheets at 1”=10’), based upon selected plaza designs. Landscape Plans (new plantings and adjustments to existing) (2 sheets at 1”=20’) Landscape Details (1 sheet) Irrigation Plans (new layout and adjustments to existing system) (2 sheets at 1”=20’) Irrigation Details (2-3 sheets) Site Details (pavers, walks, conc. edges, bollards, boulders, shade sails, seating, furnishings, etc.) Technical Specifications Updated estimate of Probable Cost DHM will provide a draft set of plans for review and final stamped set for contractor bidding. Work Element 4 Deliverables: Up to 2 design options for each plaza 30% roll plot and OPC 100% plans, specifications and OPC Work Element 5 – Drainage and Water Quality (RESPEC) RESPEC will complete an analysis of existing drainage and water quality treatment conditions and provide consulting services for potential drainage and water quality treatment options for inclusion in the final design. The following services will be provided: Task 1 – Project Coordination 1.1 Project Meetings - Project meetings will include up to four virtual team meetings, including the kick-off meeting and one site visit to assess existing conditions. Team meetings may include the design team and Avon staff. The site visit should include maintenance staff responsible for pathway and local drainage. Task 2 – Existing Conditions 2.1 Existing Site Drainage and Water Quality Evaluation – This task includes a qualitative assessment of current drainage patterns and problems including snow storage concerns noted by Avon. It also includes an assessment of the current water quality treatment of stormwater runoff through the project corridor. Input from maintenance staff will be instrumental in understanding current conditions. Detailed evaluation for off drainage and local basin delineation is not included. 2.2 Existing Conditions Memo – A technical memo will be provided that details the findings of the existing site evaluation. ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 7 Task 3 – Drainage Consulting & Site Visit 3.1 RESPEC will meet with Stolfus and the Town at the project site to advise on how the planned pedestrian improvements can incorporate improvements in conditions resulting from stormwater runoff, snowfall and snow storage, snowmelt, and icing as identified by Town maintenance staff. This will likely occur simultaneously with the on-site 30% review meeting. Consulting will include facilitating high-level, on-site discussions with Town and maintenance staff to collaborate on the most effective and economical options that could be identified for further investigation and incorporation into the final design plans. RESPEC will not produce any deliverables as part of this task but will meet on site and provide options for the Town to consider. Work Element 5 Deliverables:  Existing Conditions Memo Work Element 6 – Lighting and Electrical (Clanton) Clanton will provide lighting and electrical design services for the following elements: 1. Bollard lighting along the length of the pedestrian mall – Town will provide specifications for bollard lights 2. Canopy lighting between Lettuce Shed Lane and Town hall – Clanton will research and select suitable canopy light. Alternative analysis is not included. 3. Potential for specialty lighting at plazas – Town will provide specifications for plaza lights 4. Overhead street lighting at the street crossings (Mikaela Way and Lake Street) – Town will provide specifications for overhead street lights Design services shall include the following: 30% Design  Project kick-off meeting via teleconference  Preliminary lighting design  Lighting calculations  Up to one (1) submittal – design files to be provided for inclusion in 30% roll plot  Attendance at 30% Review meetings in Avon with Site visit. 100% Design  Incorporate comments from 30% Review, up to one (1) comment response  Lighting plans and detail sheet setup  Lighting design o Final lighting design and layout o Lighting details o Final luminaire schedule  Electrical design o Panel schedules o One-line diagrams o Lighting control centers, including short circuit calculations and feeder sizing o Circuiting and conduit, including voltage drop calculations and conduit sizing o Electrical details  Coordinate power source locations and capacity with electric utility  Specifications  Tabulation of Approximate Quantities  Opinion of Probable Cost  Up to one (2) submittals (100% set) ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 8 o Quality Control o Submittal IDR o Respond to 100% Comments Work Element 6 Deliverables:  30% design file and OPC  100% plans, specifications and OPC Work Element 7 – Structural Support (San Engineering) San Engineering will provide structural design support for the design of plaza and/or seat walls identified in Option 2. At 100% design, San will provide structural calculations and structural details of the walls for inclusion in the construction documents. Plan and profile view is not included and will be incorporated in the plaza plans from Work Element 4. Updates and comments will be addressed at 100% for inclusion in the Contract Documents. Structural design for the shade sail is assumed to be provided by the manufacturer and is not included in this scope of work. Work Element 7 Deliverables:  100% details for plaza/seat walls EXCLUSIONS Items specifically excluded or to be provided by others:  Meetings with other Town committees beyond planning commission and Council  Public Involvement support and meeting attendance  Permission to Enter  ROW plans and legal descriptions, titlework and property acquisition  Subsurface Utility Engineering  Utility relocations/adjustment designs  Cross-sections  Traffic Analysis  Construction Phasing and Traffic Control Plans  Wayfinding signage  Geotechnical investigation/design  Shade sail structural design  Environmental investigations, studies, clearances  EV charging station design  Parking lot lighting design  Lighting alternatives including development design or detailing of custom luminaires  Temporary lighting, arti lighting or development of light art  Heat recovery systems design  Equipment procurement  General Conditions  Bid assistance  Design services during construction/construction management ATTACHMENT A: Stolfus Design Proposal Proposal for Avon Mall Final Design May 7, 2025 Page 9 SCHEDULE Assuming a May 15, 2025 notice-to-proceed, the project is anticipated to be ready for advertisement by December, 2025 with 30% submittal in July, 2025, and 100% submittal in November, 2025. A more detailed schedule will be prepared upon notice to proceed. FEE As detailed below, Stolfus and its subconsultants will perform these engineering services for a total fee of $331,725. Work Element 1: Project Administration/Coordination(Stolfus): $39,650 Work Element 2: Survey and ROW (Farnsworth): $76,550 Work Element 3: Path Alignment/Grading & Roadway/Traffic Parking Lot Design (Stolfus) $102,775 Work Element 4: Urban/Landscape Design (DHM) Work Element 5: Drainage and Water Quality (RESPEC) $53,020 $13,735 Work Element 6: Lighting (Clanton) $40,485 Work Element 7: Structural Support (San) $4,355 Direct Expenses $1,155 Total Services: $331,725 We appreciate the opportunity to work with the Town of Avon and would be happy to answer any questions you have on this Scope of Services. Sincerely, STOLFUS & ASSOCIATES, INC. Michelle R Hansen, PE Vice President of Consulting Services ATTACHMENT A: Stolfus Design Proposal ATTACHMENT A: Stolfus Design Proposal ATTACHMENT A: Stolfus Design Proposal Good Deeds Avon pliermann@avon.org May 13, 2025 TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner RE: Good Deeds 2 Partnership with ECHDA DATE: April 15, 2025 SUMMARY: This report provides Town Council (“Council”) with an update to the Good Deeds Partnership program originally presented at the May 14, 2024 Council meeting. Staff is requesting Council formalize and approve the buy-down program partnership. BACKGROUND: Staff proposed two pilot partnership programs with Eagle County Housing & Development Authority (“ECHDA”). The two programs were: (1) partnering on the Good Deeds program within the Town of Avon to increase the price capped deed restriction buy-down from 15% to 30%, and (2) partnering to extend the Mi Casa Avon resident occupied deed restriction program to Eagle-Vail. Each program consisted of the partner entities contributing financially 50 / 50 towards the buy-down programs. Funding would come from the existing Mi Casa Avon fund. Both programs were presented to ECHDA. Due to the limited funds ECHDA has at this time, they determined to process with partnering with Town of Avon on the Good Deeds program was pursued and determined to not partner on the Mi Casa Avon in Eagle-Vail. Good Deeds Avon: As presented in May 2024, the program proposed the following: 1. Area: Town of Avon only 2. Contribution total: 30% (15% / 15% from each entity) 3. Maximum purchase price: $850,000 4. Program administration: ECHDA 5. Use of ECHDA’s Good Deeds deed restriction and Avon named as a beneficiary, second to ECHDA Council fully supported the partnership with the understanding that the program’s maximum purchase price would likely increase to $1,200,000 (to better align with the current average home price in Eagle County) and that the Town Attorney would finalize the form of deed restriction with ECHDA directly. Update: On April 15, 2025, the Board of County Commissioners (“BoCC”) approved the Good Deeds Community Partnership Program, available to partner entities throughout Eagle County, highlighting the Town of Avon as the first partner. The program increased the maximum purchase price from $850,000 to $1,250,000. Avon’s Town Attorney is working directly with Eagle County’s Attorney to make any necessary modifications to the Good Deeds Avon deed restriction form. Funds will come from the existing Mi Casa Avon program, which was increased for the 2025 budget year in anticipation of the program’s approval. Budget Implications: The 2025 Annual Budget for Mi Casa Avon/Good Deeds Avon is $1,060,328. The current fund balance is $986,528, which includes one Mi Casa Avon closing set for June. Proposed Motion: “I make a motion to approve the Good Deeds Avon partnership with Eagle County Housing & Development Authority.” Thank you, Patti The Eagle County Conservation District (ECCD) oers several programs aimed at promoting sustainable land management and conservation practices within the community. Below is an overview of these initiatives: Beyond Lawn Program The Beyond Lawn program is a water conservation program that oers expertise for residents to significantly reduce outdoor water consumption and enhance local biodiversity. ECCD provides: ● Landscape and Irrigation Evaluations: ($100-$200) Interested participants begin with an on-site evaluation, conducted by Beyond Lawn Specialists. ○ The evaluation covers: current landscaping and irrigation practices, irrigation ineciencies, appropriate plant selection for the site, and other landscape improvement or water conservation recommendations ○ Participants receive a comprehensive report detailing potential projects, tailored recommendations, personalized plant lists, and additional resources that address the landowner’s conservation goals. ● Turf Replacement Rebate: $1/sqft for replacing existing turf with low-water-use landscapes, up to $5,000 ● Irrigation System Rebate: 75/25 cost-share for upgrading or replacing inecient irrigation systems, up to $5,000 ● Workshops: DIY Landscape Transformation, Enhancing Irrigation Systems & Native Plant Selection and Design Noxious Weed Cost-Share Program ECCD oers a 75/25 cost-share program to assist landowners in managing and controlling noxious weeds. Participants receive an on-site visit to help identify noxious weeds and an integrated treatment plan. Grass & Wildflower Seed Mixes For Sale To support land restoration and sustainable landscaping eorts, ECCD oers a variety of locally adapted seed mixes. These mixes include native, drought-tolerant grasses and wildflowers curated for the Rocky Mountain climate. They are suitable for pasture lands, reclamation projects, and enhancing pollinator habitat, meadows, and lawns. Technical Assistance & Research ECCD provides technical assistance and research support to HOAs, special districts, and municipalities to develop conservation plans that address natural resource concerns and promote land restoration, ecosystem health, and habitat enhancement. Eagle County Conservation District Conservation@ECCDistrict.org ECCDistrict.org (970) 236-6131 970-748-4023 jskinner@avon.org TO: Honorable Mayor Underwood and Council Members FROM: RE: Jena Skinner, AICP, Planning Manager PUBLIC HEARING (QUASI-JUDICIAL) REZ24002 Rezoning Application Short Term Rental Overlay Amendment DATE: May 7, 2025 SUMMARY: This report presents to Avon Town Council (“Council”) a rezoning application for expanding the Short Term Rental Overlay (“STRO”). The current overlay does not cover all areas of the Town of Avon, and was enacted in 2009, after annexation of the Kestrel (AKA McGrady Acres Subdivision that occurred in 2002). Approval of this application would permit the ability for up to three (3) full STR licenses of the approved 24 units (or 15%) in The Kestrel development to operate short term rentals. This file was heard by the Planning and Zoning Commission (“PZC”) on April 21st, where they made a recommendation for Council approval. The Short Term Rental Overlay as part of the Town of Avon Zoning Map is depicted using the heavy black borders and hatching in the image above. The Kestrel is zoned Neighborhood Commercial (NC), red, bottom right of the image frame. BACKGROUND: The Kestrel Subdivision/development is formed out of property once part of the original Nottingham Cottages Planned Unit Development (“PUD”) that is administered by unincorporated Eagle County. While the majority of lots within the PUD remain outside of Town boundary, Lots 5 and 6 were annexed and rezoned to Neighborhood Commercial (“NC”) in 2002. Sold to the current owners in 2021, an interest to permit STRs within their development has developed. Because STRs are not a land use with the Table of Permitted Uses, and rather, permitted by this overlay zoning, no zone districts in Avon currently allow STRs as a “permitted use” except for PUDs. Long after the establishment of the Benchmark at Beaver Creek Subdivision, which split the Town into residential, commercial, and park areas, the Town adopted a zone district map to mimic the general layout and SITE Ordinance 25-10 1st Reading- Kestrel STRO Rezoning Application May 7, 2025 Page 2 of 7 intensity of land uses. In 2009, the Town implemented the STRO overlay zone district to outright permit and control short term rentals in a large majority of the valley floor area, outside of areas zoned Planned Unit Development (PUD). In 2017/18, the overlay was extended north of I-70 along Nottingham Road. Location of project as it relates to the STRO. The shaded area is the Town Boundary, in the image above. PROCESS: Rezonings can only be initiated by property owners or Council. The applicant seeking this STRO amendment is the property owner and developer of the townhomes being constructed for Kestrel. PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on May 2, and mailed notice sent to adjacent property owners within 300’ on April , 2025. No public comments have been received. STAFF ANALYSIS & REPORT PZCPUBLIC HEARING RECOMMENDATION April 21, 2025 TOWN COUNCIL1st Reading ORDINANCE & PUBLIC HEARING May 13, 2025 TOWN COUNCIL2nd Reading ORDINANCE & PUBLIC HEARING TBD APO Map Ordinance 25-10 1st Reading- Kestrel STRO Rezoning Application May 7, 2025 Page 3 of 7 DISCUSSION: The Kestrel townhomes currently under construction are located outside of the Town Core, which means that this subdivision will have a 15% cap on available licenses. This restriction limits the number of short-term rental (“STR”) units to three (3) full STR licenses at any given time. Please note that an alternative form of STR license that is available for owners includes an STR limited license (limited to six (6) weeks or 42 nights) for the remaining property owners. The development is designed to effectively manage potential issues associated with short-term rentals, such as access, parking, and trash disposal. Additionally, all units are equipped with fire sprinkler systems, as required for new construction. Since these townhomes are not aimed at accommodating the local workforce, the inclusion of Kestrel in the STR Overlay will not displace or adversely affect local residents. Current STRO and Town Core Area, with The Kestrel site PLANNING COMMISSION DELIBERATION: The PZC discussed the findings related to the Rezoning application and found that this particular application met the the required criteria supporting an amendment to the Short Term Rental Overlay, per the Avon Municipal Code (“AMC”). The PZC expressed concern surrounding future STRO amendments and conveyed to Staff that it may be appropriate to add specific considerations for amendments to this overlay related to the location of properties, not previously included in the STRO with concern surrounding the potential displacement of workforce housing. These concerns were not applied to the application as presented, and were merely forward thinking should someone propose to amend the overlay in the future in a different location that is currently not inlcuded in this overlay. REVIEW CRITERIA: The Planning and Zoning Commission and Town Council must consider a set of review criteria when reviewing rezonings. The review criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings. Ordinance 25-10 1st Reading- Kestrel STRO Rezoning Application May 7, 2025 Page 4 of 7 (1) Evidence of substantial compliance with the purpose of the Development Code; Applicant Response: This rezoning does not have a substantial impact with its application to the Kestrel Subdivision/development, in creating an opportunity for three (3) additional Short Term Rental units within the Town of Avon. As part of the original approval pursuant to the AMC, the Kestrel offers a Resident Occupied Deed Restricted unit that will not be subject to the pending licenses, ensuring this unit is available to a qualified, full-time employee within Eagle County. As an approved development that has achieved all permitting including the active building permit, this project is in compliance with the AMC. The additional use of Short Term Rentals does not affect its compliance with Code. (2) Consistency with the Avon Comprehensive Plan; Applicant Response: As stated on the 2021 Avon Housing Plan, “Short Term Rentals have grown in popularity nationwide and have the potential to adversely impact the availability of residential housing for long-term rental opportunities...” Since the implementation of the 2021 Housing Plan, staff has effectively updated the AMC to account for considerations regarding short-term rental (STR) licensing and control. Notably, STRs are currently limited to a 15% cap for units located outside of the Town Core. The Kestrel development is a suitable resort-oriented subdivision in alignment in meeting the requirements of STR licensing due to the design (townhomes with generous garage spaces and guest parking), and location of the development (The Kestrel has a dedicated Avon bus stop near its entrance). The Kestrel can also mitigate any potential STR impacts such as traffic, noise, health and safety concerns, while maintaining compatibility with the remaining residential units within Kestrel. (3) Physical suitability of the land for the proposed development or subdivision; Applicant Response: All necessary infrastructure components including roads and utilities, are installed for this property, and has previously been deemed suitable for development. The implementation of STRs within Kestrel will not be impactive to its continuing build out. (4) Compatibility with surrounding land uses; Applicant Response: In amending (expanding) the STRO to encompass this property, STR use for three (3) units will neither impede any other existing developments, nor detract from the viability of these surrounding land uses. The Kestrel is buffered from neighboring residential properties by open space to the west and south, the Eagle River- also to the south, the Union Pacific Railroad to the north, and significant road right of way (Post Boulevard ROW) to the east. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; Applicant Response: This rezoning is being sought directly in response changed conditions in that the Kestrel was not part of the Town of Avon when the STRO was established in 2009. In determining the development and with the construction of this subdivision, it is appropriate to consider this property for inclusion into the STRO. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Ordinance 25-10 1st Reading- Kestrel STRO Rezoning Application May 7, 2025 Page 5 of 7 Applicant Response: This site has all necessary infrastructure, including the availability of water and sewer. STR use will not modify the levels of service within this subdivision or to the system in general. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Applicant Response: The existing zoning is Nieghborhood Commercial. The addition of an STR use is consistent with the underlying zoning. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, or such impacts will be substantially mitigated; Applicant Response: As mentioned previously, this site is suitable for development, as established with the approvals of the underlying planning and building applications, including the annexation of this property in 2002. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Applicant Response: The STRO is an additional zoning layer and any modification of this overlay does not have any effect on the underlying zone district or adjacent zone districts within, or outside of the Town of Avon. STR permits provide additional regulations through the licensing process, as required in Title 3 of the Avon Municipal Code. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and Applicant Response: Not applicable. (11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Applicant Response: The Town will thoughtfully and thoroughly design a project that is properly mitigated in changing its current use to residential. This will include any infrastructure modifications or expansions. As previously mentioned, having existing water and sewer and public transit in proximity to this location within a developed roadway is helpful. GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; Ordinance 25-10 1st Reading- Kestrel STRO Rezoning Application May 7, 2025 Page 6 of 7 (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Applicant Response: This rezoning application is complete. Applicant believes sufficient information exists to allow the PZC to review this application with the review criteria. FINDINGS: §7.16.050, Rezonings. (1) Evidence of substantial compliance with the purpose of the Development Code has been established within the application and The Kestrel meets the requirements for a development permitting STRs as an allowable use; (2) This application aligns with the Avon Comprehensive Plan and Housing Plan as short-term rentals (STRs) at this location will not impact the availability of long-term housing for average-income individuals, as this development is not intended for workforce housing; (3) The physical suitability of the land for the proposed development or subdivision is sufficient for the purposes of this rezoning; (4) Compatibility with surrounding land uses is reasonable, as the application of STR uses will not modify the residential nature of this development; (5) The proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned, especially as the STRO does not effect the underlying Neighborhood Commercial zone district that was applied with Annexation; (6) There are adequate facilities available to serve development for the type and scope suggested by the existing zoning and the inclusion of STRs will not affect the existing level of service; (7) The rezoning action in expanding the STRO is consistent with the stated purpose of the underlying zoning district and will not effect this zoning in expanding the STRO to this area of Avon; (8) The rezoning action in expanding the STRO will not result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; (9) The rezoning action in expanding the STRO will not result in significant adverse impacts upon other property in the vicinity of the subject tract; (10) As this property is not within an existing PUD, consistency with a relevant PUD Master Plan is not applicable; and (11) Mitigation will not be required as the rezoning action in expanding the STRO will not result in greater intensity of land use or increased demands on public facilities and infrastructure. Ordinance 25-10 1st Reading- Kestrel STRO Rezoning Application May 7, 2025 Page 7 of 7 And, Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is deemed complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria including a complete narrative with additional application materials; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan, as been established through the annexation of the underlying development, as well as through the more recent (2022) subdivision creating the underlying Kestrel development; and (iv) The demand for public services or infrastructure has been mitigated through the ongoing development permits. OPTIONS: Town Council has the following options with the Application: • Approve 1st Reading of Ordinance 25-10, as presented • Continue Public Hearing to a specific date • Deny the rezoning application RECOMMENDATION: Staff recommends approval of this application seeking to expand the STRO to include the Kestrel Subdivision/development. PROPOSED MOTION: “I move to approve Ordinance 25-10, an amendment to the Short Term Rental Overlay zone district for inclusion of The Kestrel development based on the findings for §7.16.050 Rezonings and §7.16.010(f)(1) General Criteria, as presented and outlined in the Staff report.” Thank you, Jena ATTACHMENT A: Ordinance 25-10 EXHIBIT A: Proposed STRO Map ATTACHMENT B: REZ24002 Kestrel Applicant Rezoning Application Ord 25-10 STRO Amendment May 9, 2025 Page 1 of 3 ORDINANCE 25-10 AMENDMENT TO THE SHORT TERM RENTAL OVERLAY FOR INCLUSION OF THE KESTREL DEVELOPMENT RECITALS WHEREAS, the developers of The Kestrel subdivision/development (formerly known as McGrady Acres), Eagle River Homes Llc (“Applicant”), submitted an application to amend the Short Term Rental Overlay district to include their development located on Post Boulevard, Avon, Colorado (“Property”) into this overlay. WHEREAS, The Kestrel is not located within Town Core and is as such, limited to a certain number of licenses according to the Short Term Rental program as administered by the Town of Avon. WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on April 21, 2025, and prior to formulating a recommendation to the Town Council, considered all comments, testimony, evidence and the suggested findings as presented within the Staff report for this application, and then took action to adopt Findings of Fact and a Record of Decision on May 12, 2025. WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; WHEREAS, pursuant to the home rule powers of the Town, the Avon Town Council (“Council”) has the power to approve ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants; WHEREAS, the Council held Public Hearings on May 13 and May 27, 2025, after posting notice as required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and Staff reports prior to taking action on the Application; WHEREAS, pursuant to AMC §7.16.050 Rezonings and AMC §7.16.010(f)(1), General Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with these findings. WHEREAS, the Council finds that the amendment to the Short Term Rental Overlay is in alignment with the Avon Comprehensive Plan and the Avon Community Housing Plan, and will not be a detriment to the health, safety and welfare of the Avon community; and Ord 25-10 STRO Amendment May 9, 2025 Page 2 of 3 WHEREAS, approval of this Ordinance on First Reading is intended to confirm Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that Council, or any member of the Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of Council. Section 2. Rezoning. The Short Term Rental Overlay hereby is amended to include The Kestrel Subdivision/development within its boundary. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 25-10 STRO Amendment May 9, 2025 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 13, 2025, and setting such public hearing for Second reading for May 27, 2025, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ _____________________________________ Tamra N. Underwood, Mayor Migual Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 27, 2025. BY: ATTEST: ____________________________ _____________________________________ Tamra N. Underwood, Mayor Migual Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ___________________________ Nina P. Williams, Town Attorney Go to map.eaglecounty.us/GIS_Viewer/ for more information on properties in Avon lopment Department. neral purposes only. ata contained herein. This map was produced by the C ommunity Deve Use of this map sh ould be for ge Town of Avon does not w arrant the accuracy of the d Author:JS S hort Term Rental Map 0 1,000500 Properties NOT Subject to the 15% STR-Full License Cap (per property) Town Core Area Lakes and Rivers Property Boundaries Short Term Rentals Allowed M E T C A L F R D 12/9/2024 EXHIBIT A THE KESTREL DEVELOPMENT ZONING CHANGE APPLICATION SECTION 1: APPLICATION INFORMATION APPLICATION SUMMARY: The Kestrel Development proposes a zoning change for its 24-unit residential development, located at 86 Post Blvd in the Town of Avon, Colorado. In addition to its primary residential use, the applicant is requesting approval for three of the 24 units to be designated as allowing short term rentals. This rezoning application is intended to support the Town’s efforts to diversify housing options and accommodate evolving market conditions while aligning with the objectives of the Avon Development Code and Comprehensive Plan. BACKGROUND: This property was on the market for many years and was often overlooked as a possibility for development due to location within the town, zoning restrictions and cost. In response to market trends we have developed the townhomes currently on the property and at the request of the purchasing community we are seeking the limited short term rental option for only three units. The Kestrel Development represents a modern residential project aimed at providing a mix of long-term housing for permanent residents and part time residents alike, specifically aimed at families, and limited short term rental opportunities. With a total of 24 residential units, the project is designed to provide enhanced housing diversity in Avon by incorporating modern rental practices that respond to the regional economic and tourism trends, avoiding vacant homes during times when owners may not be present and allowing larger families to enjoy the Vail Valley as owners or renters. The inclusion of three short term rental units is intended to complement the overall residential character while offering increased flexibility for homeowners and visitors. SECTION 2: REVIEW CRITERIA AND RESPONSES 1.Evidence of Substantial Compliance with the Purpose of the Development Code Applicant Response: The proposed rezoning is consistent with the Development Code’s purposes by ensuring orderly and efficient land use. Efficient Infrastructure and Land Use: The inclusion of three short term rental units within The Kestrel Development is strategically designed to maximize the use of existing infrastructure. By ATTACHMENT B incorporating these units into a predominantly long-term residential project, the development leverages the same utilities, road access, and public services already in place, thereby reducing the need for additional infrastructure investments. This approach minimizes duplicative expenditures while promoting efficient land use. For example, rather than requiring separate facilities for transient visitors—such as new roads, parking areas, or utility upgrades—the short term rental units share the infrastructure already serving the entire project. This shared usage not only optimizes the overall capacity of the area but also ensures that incremental increases in demand are managed through established municipal systems. Addressing Local Housing Challenges in a Resort Town: Resort towns like Avon often face unique housing challenges, including high occupancy rates, seasonal demand fluctuations, and limited housing availability for both residents and visitors. The integration of short term rental units into The Kestrel Development offers a flexible housing solution by providing additional accommodation options without the need for a separate, large-scale tourism facility. These three units serve several critical functions: Flexibility for Homeowners: By allowing a portion of the development to operate as short term rentals, homeowners have the opportunity to generate supplemental income during peak tourism seasons. This additional revenue can help offset housing costs, making homeownership more sustainable in a high-cost resort environment. Optimizing Housing Supply: In a resort town where demand for visitor accommodations is high, the presence of short term rentals can alleviate pressure on the local hotel market. This, in turn, ensures that more housing stock remains available for long-term residents. The dual use of residential properties helps maintain a balanced housing market where both residents and visitors can find appropriate accommodations. Economic and Community Benefits: Short term rental units contribute to the local economy by attracting tourists who spend money at nearby businesses and services, further enhancing the economic stability of the community. At the same time, by integrating these units into a residential setting rather than isolating them in a separate commercial area, the development supports a cohesive community identity and minimizes the risk of displacement or neighborhood disruption. Overall, the strategic inclusion of three short term rental units within The Kestrel Development is a targeted response to the evolving needs of a resort town. It fosters efficient use of land and existing infrastructure while addressing local housing challenges by providing flexible, mixed-use housing options that benefit both residents and the local economy. 2. Consistency with the Avon Comprehensive Plan Applicant Response: The rezoning application supports the goals outlined in the Avon Comprehensive Plan by promoting a diverse range of housing types. The Kestrel Development’s mixed-use approach—providing both long-term housing and select short term rental options—aligns with the Plan’s vision of a balanced, inclusive community. Meeting the Avon Comprehensive Plan and Promoting Diverse Housing: Incorporating three short term rental units within The Kestrel Development directly aligns with the Avon Comprehensive Plan’s vision of offering a diverse range of housing options to serve the varied needs of the community. The Comprehensive Plan emphasizes the importance of achieving a balanced mix of housing densities and types—including long-term residences and flexible accommodations—to foster a vibrant, inclusive community. By integrating short term rental units into an otherwise long-term residential project, the development expands the housing portfolio, providing an adaptable option that benefits both residents and visitors. This mixed-use approach supports diverse housing in several key ways: Flexible Housing Options: The addition of short term rental units creates a hybrid model that caters to both permanent residents and transient visitors. This flexibility allows homeowners to convert their property use based on market conditions, effectively providing a safety net against seasonal fluctuations and economic uncertainty. Enhanced Local Economic Stability: By offering short term rental opportunities, the development attracts tourists and seasonal visitors, thereby boosting local spending in nearby businesses, restaurants, and services. This increased economic activity not only supplements the income of homeowners but also contributes to broader economic stability by creating a more resilient local market that can weather seasonal shifts. Alignment with Strategic Goals: The Comprehensive Plan advocates for development that both meets the immediate housing needs of the community and supports long-term economic growth. The Kestrel Development’s integration of short term rentals exemplifies this dual purpose. It addresses pressing housing affordability issues common in resort towns like Avon—where limited inventory and high demand often drive up costs— while simultaneously enhancing the local tourism economy. Strengthening Community Identity: A diverse housing mix encourages a dynamic and interconnected community. The presence of short term rentals, when properly integrated into a residential development, can invigorate neighborhood activity, provide additional cultural and social opportunities, and create a more dynamic urban fabric. This balance contributes to community stability and helps ensure that growth is both sustainable and reflective of local values. In summary, by incorporating short term rental units within a primarily long-term residential project, The Kestrel Development meets the objectives of the Avon Comprehensive Plan. It promotes diverse housing, supports economic resilience, and ultimately contributes to a stable and vibrant community where both residents and visitors benefit from the shared amenities and robust local economy. 3. Physical Suitability of the Land for the Proposed Development or Subdivision Applicant Response: The parcel at 86 Post Blvd has been evaluated for its topographical and infrastructural suitability. The land is level to moderately graded and is fully accessible to utilities, water, and sewer services. The site’s dimensions and proximity to existing roadways make it an ideal location for a 24-unit development. No significant natural hazards have been identified, and any minor site adjustments (such as landscaping or minor grading) are anticipated to have a minimal environmental footprint. Alignment with Physical Suitability and Housing Context: Designating three out of the 24 units as short term rentals is well-suited to the physical attributes of the site and the overall housing design. The development is established as a standalone project with ample parking, robust utility connections, and sufficient open space. This strategic allocation allows for: Optimized Site Utilization: The inclusion of a limited number of short term rental units maximizes the use of the available land without overburdening the site. With ample parking and utility capacity, the project supports both long-term residents and short term visitors efficiently, ensuring that infrastructure remains sufficient for all users. Maintaining a Cohesive Residential Character: By limiting short term rentals to only three units, the development preserves its predominantly residential nature. This balance mitigates potential disruptions and maintains the community’s integrity, while still offering flexibility for transient occupancy. Independence from Neighboring Developments: As a stand-alone development, The Kestrel Development does not rely on connectivity to other neighborhoods. The project’s self-contained nature ensures that the addition of short term rental units fits seamlessly with the site's physical layout. It leverages existing infrastructure without necessitating external modifications or additional inter-neighborhood services. Efficient Integration of Mixed-Use Components: The modest proportion of short term rentals is tailored to the site’s scale, ensuring that all units are adequately serviced by existing facilities. This approach reduces the need for additional investments in infrastructure while still providing diverse housing options that meet contemporary market demands. Overall, the allocation of three short term rental units is a deliberate design choice that harmonizes with the site's physical suitability, supporting efficient land use and robust housing provisions while preserving the development’s overall residential character. 4. Compatibility with Surrounding Land Uses Applicant Response: The Kestrel Development is located in a transitional area that balances residential uses with small-scale commercial activity. The proposed rezoning is compatible with surrounding properties, which include established residential neighborhoods and community facilities. The design minimizes vehicular traffic and emphasizes walkability, ensuring that the project will integrate smoothly into the existing fabric of the area without causing undue impact on adjacent land uses. Compatibility with Surrounding Land Uses: The Kestrel Development is ideally situated within a diverse yet complementary context that enhances its overall compatibility with surrounding land uses. On the West side, the adjacent residential area already permits short term rentals, establishing a precedent for the inclusion of such units and ensuring that the limited short term rental component of The Kestrel Development aligns well with local practices. To the North, the soon-to-be-established daycare contributes a family- friendly atmosphere, fostering a community setting that benefits from a mix of both residential and supportive service uses. The presence of a roadway on the East side ensures efficient connectivity and access to the development without detracting from its residential character. Finally, the river on the South side adds a natural amenity, providing scenic value and environmental benefits that further enhance the appeal of the project. Collectively, these surrounding uses—residential, educational, transportation, and natural—support a balanced, multi-functional environment that dovetails seamlessly with The Kestrel Development’s objectives, reinforcing its compatibility and positive impact on the neighborhood. 5. Justification by Changed or Changing Conditions in the Character of the Area Applicant Response: Recent market trends and demographic shifts in Avon have underscored the need for innovative housing solutions. The introduction of short term rental units, albeit limited to three, reflects the changing dynamics in visitor accommodation and local housing affordability. The rezoning is justified by these evolving conditions, which have led to increased demand for flexible rental options that support both economic growth and community diversity. Responding to Changing Market Conditions: Over the past three years, the resort community of Avon and its surrounding areas have experienced notable shifts in both the real estate market and the demand for short term rentals. These changes reflect evolving consumer preferences, economic dynamics, and broader tourism trends in a highly sought-after resort area. Key factors include: Increased Demand for Flexible Housing Options: In response to the evolving work environment and lifestyle changes brought about by recent events, more individuals are seeking flexible housing arrangements. This shift has led to increased interest in properties that can serve dual purposes— providing stable, long-term housing while also offering short term rental options during peak tourist seasons. This dual-use approach has proven particularly attractive in resort communities where seasonal fluctuations in demand are common. Rising Real Estate Prices and Limited Inventory: The rapid appreciation of property values in Avon and neighboring resort areas has intensified the demand for innovative housing solutions. With a limited supply of available housing, incorporating short term rentals into new developments allows homeowners to generate supplementary income. This additional revenue can help offset high property costs and maintain affordability, contributing to long-term market stability. Boost in Tourism and Changing Visitor Behaviors: As tourism rebounds and traveler preferences shift towards more personalized, homelike accommodations, the market for short term rentals has expanded significantly. Vacationers increasingly favor short term rentals over traditional hotels due to the unique experience and local authenticity they offer. By incorporating a small number of short term rental units, The Kestrel Development is poised to capitalize on this trend without overwhelming the local housing supply. Economic Resilience and Community Benefits: The integration of short term rental units within a predominantly residential development can help diversify income streams and bolster the local economy. The revenue generated from short term rentals supports local businesses and services, contributing to a more resilient economic environment in a resort town. Moreover, these units provide flexible housing options that benefit both visitors and residents during off-peak seasons, enhancing overall community stability. In summary, the inclusion of three short term rental units within The Kestrel Development is a strategic response to the dynamic market conditions observed in Avon. This approach not only accommodates changing real estate trends and growing tourist demand but also helps maintain housing affordability and economic vitality in the community. 6. Adequacy of Facilities to Serve the Proposed Development Applicant Response: Existing public facilities, including water, sewer, roads, and public transit, are adequate to support the scope of The Kestrel Development. The addition of three short term rental units does not significantly alter the intensity of land use compared to the current zoning. The project will maintain high levels of service to existing development, and any necessary infrastructure improvements will be coordinated with relevant agencies to ensure continuity of service. Limited Impact on Utility Usage Compared to Standard Family Residences: The design and operational patterns of the three short term rental units are expected to have utility consumption profiles that are comparable to, or even lower than, those of a continuously occupied family residence. Key considerations include: Occupancy Patterns: While primary residences are occupied year-round, short term rental units generally experience variable occupancy and often have lower annual occupancy rates when averaged over time. This seasonal or intermittent use means that the overall utility demand on a per-unit basis is similar to, or sometimes less than, that of a full-time occupied home. Data Insights: Studies comparing energy consumption patterns between short term rentals and primary residences indicate that, when normalized for occupancy, the per-day utility usage is not significantly higher in short term rental units. In fact, some data suggest that efficient energy management practices—such as automated thermostats and energy-efficient appliances—are more commonly implemented in short term rentals to manage operating costs, thereby mitigating any potential increases in consumption. Infrastructure and System Capacity: The Kestrel Development is designed with ample infrastructure capacity, including utilities and parking, which is built to support standard family occupancy levels. Given that the short term rentals constitute only three of the 24 units and operate on a variable occupancy schedule, their impact on overall infrastructure demand is minimal. The shared utility systems are more than capable of accommodating the typical usage of both permanent and transient residents without overtaxing existing services. Comparable Impact on the Community: When evaluating the total effect on local infrastructure, the limited number of short term rental units integrated into a primarily residential development demonstrates a negligible increase in utility load compared to a scenario where all units are occupied full time. In essence, the additional demand from these three units is balanced by the lower annual occupancy rates typical of short term rentals, ensuring that their impact is in line with that of a standard family residence. Overall, the incorporation of three short term rental units in The Kestrel Development is carefully calibrated to align with efficient land use and infrastructure planning. Their presence does not lead to a significant increase in utility usage or strain on public services, making them a sustainable and balanced addition to the development. 7. Consistency with the Stated Purpose of the Proposed Zoning District Applicant Response: The rezoning request aligns with the stated purpose of creating flexible residential zones that foster a diverse housing portfolio. The integration of three short term rental units within a predominantly long-term residential development supports the Town’s objectives of maximizing housing options while encouraging responsible tourism. This approach is consistent with the Town’s goals of innovation, economic vitality, and community well-being. 8. Environmental Impacts Compared to the Existing Zoning Applicant Response: A preliminary environmental review indicates that the proposed rezoning is not expected to result in adverse impacts on the natural environment. The project design includes mitigation measures to address stormwater management, noise, and air quality. With careful site planning and preservation of green spaces, any potential impacts on wildlife, vegetation, or water resources will be substantially mitigated, ensuring minimal environmental disruption. Minimal Environmental Impact with Comparable or Lower Resource Use: Research indicates that, on a per-unit basis, short term rental properties tend to have environmental impacts that are comparable to, or even lower than, continuously occupied homes. For instance, many studies have shown that short term rentals typically exhibit an occupancy rate of around 50–70%, which means that the annual consumption of energy, water, and generation of waste is often proportionately lower than that of a full-time residence. In numerical terms, if a standard full-time household consumes roughly 10,000 kWh of electricity per year, a similar unit functioning as a short term rental—given a 60% average occupancy— would be expected to use approximately 6,000 kWh per year, assuming usage scales linearly with occupancy. Moreover, environmental analyses have found that, in resort communities, short term rentals can generate up to 15% less waste per unit due to factors such as modern, energy-efficient appliances and more rigorous local sustainability standards applied during renovations or property management. Additionally, metrics from comparable studies indicate that water usage in intermittently occupied units is lower because periods of vacancy naturally reduce consumption. When considering the overall project, the addition of three short term rental units within a 24-unit development is anticipated to result in only a marginal increase— estimated at less than 5%—in local energy and water consumption compared to an all full-time residential occupancy scenario. These figures are well within the capacity of the existing municipal infrastructure and underscore that the limited integration of short term rentals will not pose a significant environmental burden on the surrounding area. 9. Impacts on Other Property in the Vicinity Applicant Response: Compared to the existing zoning, the rezoning for The Kestrel Development is not anticipated to result in significant adverse impacts on neighboring properties. The project is designed to maintain the current residential character of the area. Traffic and parking impacts have been minimized through thoughtful design, and the inclusion of only three short term rental units limits any potential disruption to adjacent properties. Minimal Impact on Neighboring Properties: The Kestrel Development is designed as a self-contained, standalone project that is isolated from other residential or commercial developments. This isolation ensures that the project does not contribute to additional traffic beyond its immediate vicinity, nor does it generate noise or other disturbances that could affect neighboring properties. Key points include: Standalone Location: The development is not physically connected to any other housing or commercial projects. Its independent location minimizes the potential for spillover effects such as shared traffic corridors or overlapping noise levels that could disrupt adjacent neighborhoods. Traffic Considerations: The internal circulation of The Kestrel Development is designed to handle all vehicle movements without impacting external roads. With ample parking provided on-site, the need for overflow parking or on-street parking is eliminated, ensuring that traffic remains contained within the development boundaries. As a result, there is no significant increase in traffic volumes on nearby roads, maintaining a stable environment for surrounding areas. Noise Mitigation: Open spaces and natural buffers strategically surround the project, serving as effective noise barriers. This separation ensures that any noise generated by the development—whether from transient occupancy in the short term rental units or normal residential activity—is effectively dampened before reaching adjacent properties. The design promotes a quiet and serene environment, consistent with the expectations of the surrounding community. Preservation of Community Character: The deliberate separation provided by open spaces reinforces the residential character of the area. By ensuring that The Kestrel Development operates as an independent entity, the potential for adverse impacts on neighboring properties is significantly reduced. This approach not only preserves the quality of life for nearby residents but also supports the overall aesthetic and environmental standards of the community. Overall, the careful planning and design of The Kestrel Development ensure that its operation—particularly with the inclusion of a limited number of short term rental units—remains self-contained. This minimizes any potential adverse impacts on neighboring properties, traffic, or noise levels, thereby preserving the integrity and tranquility of the surrounding area. 10. Consistency with the Relevant PUD Master Plan (If Applicable) Applicant Response: This rezoning application is not part of an existing Planned Unit Development (PUD); therefore, this criterion is not applicable. 11. Adequate Mitigation for Increased Demands on Public Facilities and Infrastructure Applicant Response: The Kestrel Development incorporates design elements and planning strategies to mitigate any increased demand on public facilities. Infrastructure improvements— including updates to stormwater management, road access, and utility capacities— are planned in coordination with local agencies. The project’s scale and intensity are comparable to existing uses. Minimal Increase in Demand for Public Facilities and Infrastructure: Multiple studies and municipal assessments indicate that short term rental units, when compared on a per-unit basis to full-time residences, generally impose a lower overall load on public facilities and infrastructure. Key findings include: Occupancy and Usage Rates: Short term rental units typically operate at around 50–70% occupancy compared to the 100% occupancy of full-time residences. For example, if a full-time household consumes roughly 10,000 kWh of electricity per year, a short term rental unit might use around 6,000–7,000 kWh annually. Similar proportional reductions are seen in water usage and waste generation, meaning that each short term rental effectively contributes the equivalent demand of approximately 0.5 to 0.7 of a full-time household. Impact in a Small-Scale Integration: With only 2 out of 24 units designated as short term rentals (approximately 8.3% of the overall housing stock), the additional demand on public services—such as water, sewer, and waste management—is marginal. In many instances, the net impact of these 2 units can be estimated to be equivalent to that of only about 1 full- time household when averaged over the year. Infrastructure Capacity: Municipal assessments in similar resort communities have shown that the incremental impact from a small number of short term rentals generally falls well within the capacity of existing public facilities. For instance, infrastructure studies in comparable developments often report that short term rental usage leads to less than a 5% increase in overall service demand. This minimal rise is typically managed by the existing infrastructure without necessitating costly upgrades or additional capacity planning. In summary, data suggests that the addition of three short term rental units results in only a minor increase in demands on public facilities and infrastructure. Their lower occupancy rates and efficient, modern management practices mean that the overall impact is significantly less than that of full-time occupied units, ensuring that the existing municipal systems can easily accommodate the additional load. SECTION 3: CONCLUSION AND NEXT STEPS If this rezoning application is approved, The Kestrel Development will proceed with: • Continued development and application for unit 2B short term license. ATTACHMENTS • Site Plan and Architectural Renderings Imagery ©2025 Airbus, Maxar Technologies, USDA/FPAC/GEO, Map data ©2025 50 ft 86 Post 970-748-4413 matt@avon.org Page 1 of 6 TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, AICP, Community Development Director RE: PUBLIC HEARING: Ordinance 25-09 Three-Mile Plan / CPA-25001 Comprehensive Plan Amendment DATE: April 29, 2025 SUMMARY: Before the Town Council is a public hearing to consider 2nd reading of Ordinance 25-09, adopting the Avon Three-Mile Plan ("Plan"). Preparation and approval of this Plan was identified as a Community Development Department goal last year. The Plan is a supplemental document to the Town of Avon Comprehensive Plan. A work session and subsequent public hearing was conducted by the Planning and Zoning Commission (“PZC”) on February 10, 2025, and March 10, 2025. Following the public hearing, PZC made a recommendation for approval. First reading of Ordinance 25-09 was approved on April 22, 2025. INTRODUCTION TO THREE-MILE PLANNING: The Colorado Revised Statues (“CRS”) authorizes municipalities to adopt a Three Mile Plan. In 1987, the legislature made changes that limited the expansion of municipal boundaries further than three miles in any given year except under special circumstances. Communities are required to have a plan in place. Plans are required to be updated routinely. A Three-Mile Plan is a planning document used to coordinate development beyond a municipality’s boundaries, guide regional infrastructure development, describe preferred uses and development for properties that are adjacent and near the municipal boundaries, and designate properties that are eligible to consider for inclusion within Town boundaries if there is mutual consent. Three-Mile plans range in specificity and style. Most communities adopt plans that are general in nature. For example, https://www.townoflarkspur.org/media/4251 Fraser, CO chose the ‘less is more’ approach to meet CRS requirements. Buena Vista, CO goes into more detail with specific properties and associated service extensions. Avon’s draft Plan falls somewhere in the middle. BACKGROUND: The Town of Avon has never adopted a Three-Mile plan as an independent document. After being identified as a Community Development Department goal, a Request for Proposals ("RFP") to solicit professional planning assistance and public outreach support. Scot Hunn of Hunn Planning and Policy LLC and Pedro Campos of Zehren and Associates were brought on board in early 2024 to start the Plan effort. Staff has met with several property owners and/or entities, including: • Beaver Creek Resort Company, • EagleVail Metropolitan District, • EagleVail Property Owners Association, • Kayak Crossing, • Presbyterian Church, • Carol Kreuger, • Polar Star, • State Land Board, and • United States Forest Service. CPA25001 – Three-Mile Plan May 13, 2025 Public Hearing Page 2 of 6 Avon Development Code ("AMC") Section 7.36.030 currently recognizes and designates the Avon Comprehensive Plan as the "plan in place" referenced in the Colorado Revised Statutes (“CRS”) when utilizing/implementing a Three-Mile Plan. Staff will amend this chapter once the Council adopts the Three- Mile Plan to ensure the AMC language acknowledges adopting an independent Three-Mile Plan document. Three-mile plans delineate an area (3 miles) surrounding a municipality as a potential expansion boundary. All properties within three miles of Avon's municipal boundaries were analyzed for inclusion, and a set focus area within the three-mile buffer was selected in further detail (see map on the following page). Much of the potential area within the 3-mile boundary is developed, with either little potential for further redevelopment or the land is United States Forest Service land. As reflected in the Three-Mile boundary map, only the areas with the potential for development or redevelopment that may involve coordination with the Town of Avon, including the United States Forest Service lands that the Avon community uses for recreation, are included in the more detailed study area. OVERVIEW: The Plan provides a general overview of the purposes of the Three-Mile plan and explains the requirements of the State of Colorado statutes for its use. It also acknowledges specific parcels as potential inclusions into the Town Boundary, based on a logical analysis of the reasons why these particular parcels have potential benefit in being included. The Plan also clearly conveys that Avon is neither promoting growth in adopting a Three-Mile Plan nor actively seeking any potential inclusions into the Town and that the Plan is simply acknowledging the areas identified as those parcels most likely for inclusion, should the owners wish to pursue an annexation or partnership with the Town of Avon in developing (e.g.,) Community Housing. Three-mile Plan Boundary Limits – Yellow dashed line. The Town of Avon is in Blue CPA25001 – Three-Mile Plan May 13, 2025 Public Hearing Page 3 of 6 ADOPTION PROCESS: The CRS do not specify the process or notification requirements when adopting a Three-Mile Plan. As such, public notification for adoption of the Three-Mile Plan is subject to the Avon Development Code requirements. The Three-Mile Plan is considered a “Comprehensive Plan” by definition, and subject to the notification and approval process. Published notification was provided in the Vail Daily on February 28, 2025. Prior to 2nd Reading of the Ordinance, additional public notification will take place in the Vail Daily. Approval of the Plan is by Ordinance. PZC REVIEW & REFERRALS: I introduced Three-Mile planning with a work session at the February 10, 2025 Planning and Zoning Commission meeting. After the work session and orientation, PZC held a Public Hearing to consider the draft plan on March 10, 2025. The PZC unanimously supported, and recommended approval of the plan at the Public Hearing. One change that was requested was to acknowledge the Colorado Department of Transportation as a recognized stakeholder for consultation with potential expansions/projects adjacent to CDOT rights-of-way. This has been included in the attached plan. After the PZC hearing on March 10, 2025, the final draft plan was referred to all of the stakeholders identified on Page 1 of this staff report. There were no concerns voiced with the draft plan. PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for CPA25001 (Comprehensive Plan Amendment). REVIEW CRITERIA. Council shall use the following review criteria as found in AMC §7.16.030 as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Plan (“Comp Plan”): (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Response: This Plan (amendment) communicates preferred land areas adjacent to Town boundaries, while considering potential inclusion. Public Benefits include the support for additional Community Housing efforts that may be coordinated with other local and regional entities, or potential utilitarian inclusion (Swift Gulch Road), or potential economic inclusion. This Plan does not replace the Comprehensive Plan in its detailing of any Future Land Uses nor creates any new Districts, as are found within the Comp Plan. The benefit in the Town in adopting an independent Three-Mile Plan is to specifically and clearly acknowledge any potential boundary expansion, which is good planning in itself and as such, an additional benefit to the Avon community. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; PUBLIC NOTICE ANALYSIS & STAFF REPORT PZC PUBLIC HEARING RECOMMENDATION March 10, 2025 TOWN COUNCIL PUBLIC HEARING ORDINANCE May 13, 2025 CPA25001 – Three-Mile Plan May 13, 2025 Public Hearing Page 4 of 6 Staff Response: This Plan does not affect infrastructure; rather, it acknowledges the potential to improve infrastructure within outlying areas if capacity for services are deemed necessary. For instance, Highway 6 and CORE transit serve the Eagle Vail commercial area. Nottingham Ranch Road properties are accessible via a roadway that is maintained by the Town. As noted, one of the USFS properties contains a Town of Avon roadway by easement (a segment of Swift Gulch Road) and is currently maintained by the Town of Avon as well; however, it would be the preference of the Town for it to be included as a true Right-Of-Way under Avon’s ownership and not be an easement in USFS lands. Land use applications for potential expansion of Town boundaries- in contrast to the examples above, would be reviewed on a case-by-case basis, and only considered if mutually agreed upon by land owner(s) and the Avon Town Council. Water availability is reviewed in the greater context of the region by the Upper Eagle River Regional Water Authority. In some cases, water may be allocated by the Town or other members of the Water Authority for Community Housing efforts, should the Town be approached for inclusion by a property owner seeking annexation for a residential project for workforce housing and/or other uses. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Response: The State Statutes for Three-Mile planning requires consideration of public services, both current and planned developments, when planning for developments beyond the Town’s boundaries. The Plan identifies the need to review public services, on a case-by-case basis, to ensure service does not affect the Town’s services negatively. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: The Three-Mile Plan does not create or affect the existing properties and districts within the Town as acknowledged within the Comp Plan. The Three-Mile Plan introduces the potential for additional inclusions that will require a specific amendment to the Comp Plan itself through the annexation process that will evaluate if the property is appropriate for incorporation. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Response: The Plan is flexible by design and preferred land uses can change over time - regardless of what is within the Comp Plan. Effectively, the Three-Mile Plan does not affect the existing Comp Plan and any amendments will be analyzed in conjunction with annexation applications to ensure the integrity of the Comp Plan is maintained. By adopting an independent Three-Mile Plan, the Town is actually ensuring that the Comp Plan is accurate in its focus on those areas within the Town, while the Three-Mile Plan focuses on those areas outside of its boundary. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Staff Response: The Plan supports, compliments, and expands the Comprehensive Plan by creating focused areas beyond the Town of Avon municipal Boundaries. Updating the Comp Plan in this manner supports and allows both documents to correspond with each other, strengthening the planning process and review of pending development resulting in achieving assets that Avon desires. CPA25001 – Three-Mile Plan May 13, 2025 Public Hearing Page 5 of 6 (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: This amendment updates and clarifies current goals and policies of the Town of Avon, with infill and redevelopment opportunities identified. The Plan promotes the health, safety, and welfare of the community by appropriately planning for growth and coordinates infill development potential (vs. greenspace sprawl) with preservation of open space lands. In recognizing those areas outside of Town, it supports greater efforts in anticipating the potential impacts potentially affecting Avon’s future. GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This Comp Plan Amendment is complete. Staff believes sufficient information exists to allow the PZC and Council to review this application with the applicable review criteria. This Comp Plan Amendment application will not create impact demands for public services or infrastructure as a recommending document, as it is not a development application. All impacts of redevelopment will come forward as projects develop, seeking inclusion into Avon. Specific to (iv), the General Review Criteria provisions are geared towards development applications, to ensure that a new development plan will not injure or cause major disruptions for existing development, or ensure that impacts will be mitigated appropriately. OPTIONS: Council has the following options with the Application: • Approve 2nd Reading as drafted • Approve 2nd Reading with changes • Continue Public Hearing and 2nd Reading to a future meeting date CPA25001 – Three-Mile Plan May 13, 2025 Public Hearing Page 6 of 6 STAFF RECOMMENDATION: I recommend approval of the Avon Three-Mile Plan as an extension of the Comprehensive Plan. RECOMMENDED FINDINGS: COMPREHENSIVE PLAN FINDINGS: 1. The proposed Plan is both compatible with the goals and policies of the entirety of the Avon Comprehensive Plan while recognizing that Avon has unique needs that requires a thoughtful framework (like this Plan) to achieve coordinated development and in recognizing that logical growth prospects may exist. 2. This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the Development Code, and offers increased support for Community Housing efforts and good planning by the Town of Avon. 3. The proposed Plan provides guidance for planned and orderly use of land and in encouraging a high quality of place for the community, should the public seek inclusion into the Town; and 4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by supporting coordinated development using a tool like the Three-Mile Plan for its long term vision. GENERAL CRITERIA FINDINGS: 1. The development application is complete. 2. The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria. 3. The development application complies with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation at this time and with the adoption of the Three-Mile Plan as there is no development application accompanying this Comprehensive Plan Amendment that results in a physical project that utilizes public services or infrastructure. RECOMMENDED MOTION: “I move to approve second and final reading of Ordinance 25-09, adopting the Avon Three-Mile Plan.” Thank you, Matt ATTACHMENT A: Ordinance 25-09, Exhibit A -Three-Mile Plan Ord 25-09 Three-Mile Plan – 2nd Reading Page 1 ORDINANCE 25-09 ADOPTING THE AVON THREE-MILE PLAN AS AN AMENDMENT TO THE AVON COMPREHENSIVE PLAN WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, the Avon Town Council (“Council”) has the authority to adopt planning documents as described in Section 7.04.020 of the Avon Development Code; and WHEREAS, updates, revisions, amendments, and extensions of the Avon Comprehensive Plan were presented to the Avon Planning and Zoning Commission in accordance with the procedures set forth in Section 7.16.030 – Comprehensive Plan Amendment; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 10, 2025, prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact as a Record of Decision and made a recommendation to the Town Council to approve the Three-Mile Plan; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held public hearings on April 22, 2025, and May 13, 2025, and prior to taking final action considering all comments, testimony, evidence, and Staff reports; and then took action by approving this Ordinance; and WHEREAS, the purpose of this Amendment is to adopt the Avon Three-Mile Plan herein attached as Exhibit A as an extension or related document of the Comprehensive Plan; and WHEREAS, the Application complies with AMC §7.16.020(f)(1), General Criteria, and is consistent with the Comprehensive Plan, specifically, by ensuring that the Town’s goals and policies are identified and met in all annexations and other commitments (Goal A.3), and WHEREAS, the Avon Three-Mile Plan promotes additional benefit to the Avon community by providing the framework for promoting the inclusion of certain properties for new Community Housing development; and ATTACHMENT A Ord 25-09 Three-Mile Plan – 2nd Reading Page 2 WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Comprehensive Plan Amendments. The Avon Comprehensive Plan is hereby amended by the adoption of the Sun Road Redevelopment Plan as a supplement to the Avon Comprehensive Plan, as set forth in EXHIBIT A: AVON THREE-MILE PLAN. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or Ord 25-09 Three-Mile Plan – 2nd Reading Page 3 obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on April 22, 2025 and setting such public hearing for May 13, 2025 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on May 13, 2025. BY: ATTEST: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Nina P. Williams, Town Attorney Town of Avon Three-Mile Plan February 2025 Review Draft Table of Contents Section I: Introduction Page 2 A.Overview Page 2 B.Statutory Requirements Page 2 C.Purpose and Intent Page 3 D.Summary of Changes Page 3 E.Definitions Pages 4, 5 Exhibit A to Ordinance 25-09 Three-Mile Plan – Draft 4-17-25 2 Table of Contents I. Introduction ........................................................................................................................ 1 A. Overview ................................................................................................................................... 1 B. Statutory Requirements .......................................................................................................... 1 C. Purpose and Intent ................................................................................................................... 2 D. Summary of Changes .............................................................................................................. 2 E. Definitions ................................................................................................................................ 3 II. Three-Mile Boundary ........................................................................................................... 4 III. Existing Plans, Agencies, and Districts ................................................................................. 5 Plans ................................................................................................................................................... 5 Entities ................................................................................................................................................ 5 IV. Study Area .......................................................................................................................... 6 V. Areas of Potential Boundary Inclusion .................................................................................. 7 General Considerations for Inclusion in the Town’s Boundary ..................................................... 7 Specific Parcels for Potential Town Boundary Inclusion ............................................................... 7 Area 1 State Land Board Parcel ........................................................................................................ 9 Area 2: Dowd Junction Residential Parcels .................................................................................. 10 Area 3: U.S. Forest Service Parcels (3A, 3B, 3C)........................................................................... 11 Parcels 3A and 3B: .......................................................................................................................... 11 Parcel 3C: ......................................................................................................................................... 12 Area 4: EagleVail Business Center ................................................................................................. 13 Area 5: Nottingham Ranch Road and UPRR Parcels .................................................................... 14 Areas 6 & 7: Beaver Creek (6) Bear, Wolf, and (7) Elk, Parking Lots Parcels ............................. 15 VI. Maps Included in Plan ........................................................................................................ 16 Three-Mile Plan – Draft 3-10-25 1 I. Introduction This document constitutes the Three-Mile Plan (“Plan”) for the Town of Avon, as required by and in conformance with § 31-12-105(1)(e) of the Colorado Revised Statutes (C.R.S.). A. Overview The Town of Avon is a Home Rule municipality in Colorado that adopted a Home Rule Charter in 1978 under the Colorado Constitution and Municipal Home Rule Act of 1971. Avon’s Charter established a Council-Mayor form of government that enables its citizens to make laws and decisions about local issues via the election of a Town Council. The Town has all the power of local self-government and home rule and all power possible for a town to have under the Constitution of the State of Colorado. The State of Colorado authorizes Home Rule municipalities to adopt a Three-Mile Plan, a planning tool for managing growth. A Three-Mile Plan coordinates street development beyond a municipality’s boundaries, guides regional infrastructure development, describes preferred uses and development for properties contiguous to municipal boundaries, and identifies the potential for properties within unincorporated areas that may be eligible for inclusion into a Town boundary. For Avon, much of the land surrounding the Three-Mile Plan area is already developed and has little potential to redevelop or seek applications for inclusion. When considering Public Lands, this Plan only acknowledges that U.S. Forest Service land immediately to the Town Boundary. Avon’s focus on these areas considers to what degree the potential for development or redevelopment may involve coordination with the Town of Avon and service providers and U.S. Forest Service lands, which have recreation access and values. In some cases, the properties identified in this Plan overlap and are within 3 miles of the adjacent jurisdictions of the Town of Vail and Town Minturn (reference Map on Page X). Due to the geographic location of properties, topographical challenges or barriers, and with many having limited access, they are considered potential inclusions into Avon as the most logical municipality if property owners ever consider annexing into this municipality. B. Statutory Requirements In 1987, the Colorado legislature amended state statutes relating to municipal annexations. The change restricts annexations from extending from a municipal boundary more than three miles in any given year. State statutes also require that municipalities have a Plan that generally describes potential future growth within three miles of the municipal boundary and that the Plan be updated at least annually. Colorado Revised Statute C.R.S. § 31-12-105(1)(e) defines the Plan as a document that generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, roadways, playgrounds, squares, Parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Before adopting this Plan, Avon implemented the Avon Comprehensive Plan as the official "plan in place" (See Section 7.36.030). The Town of Avon Comprehensive Plan, as amended from time to Three-Mile Plan – Draft 4-17-25 2 time, provides distinct area districts, provisions for growth, and sufficient acknowledgments of future use and redevelopment. This Plan will increase the detail specific to outlying properties, improving guidance when considering future boundary changes. Therefore, the Three-Mile Plan, in conjunction with the Avon Municipal Code and the Town of Avon Comprehensive Plan, will evaluate the location, character, and extent of those public improvements, facilities, proposed land uses, and infrastructure, providing more significant direction within the Three-Mile Area for any areas identified as most likely and/or appropriate for inclusion. C. Purpose and Intent This Plan addresses land within three miles of the current Town limits in unincorporated Eagle County. Avon is not actively seeking opportunities to expand town boundaries, but should annexation be proposed, the Three-Mile Plan is a planning tool to help with its potential inclusion in the Town’s boundaries. The Plan briefly describes existing conditions and does not seek to duplicate existing planning efforts that more thoroughly characterize extraterritorial areas. Instead, this document references existing plans or policies adopted by the Town, Eagle County, or other entities. This Plan does not propose specific improvements or land uses for extraterritorial areas; if any potential annexation is considered, more detailed analyses will be required. This Plan is a living and public document that should evolve based on new developments and changes in the Town, as well as community values and priorities. It works best as a land use and growth document in alignment with future Comprehensive Plans. According to Avon regulation, it will evolve more quickly with the community as it requires updates more frequently. D. Summary of Changes The Town of Avon, Colorado, has addressed requirements for a Three-Mile Plan as a component of the Town’s Comprehensive Plan, while annexation procedures are addressed by the Town’s Municipal Code. Historically, the Town of Avon Comprehensive Plan has addressed existing and future land uses within the municipal boundaries of the Town, as well as goals, objectives, and policies aimed at informing future growth decisions. The 2024 Town of Avon Comprehensive Plan outlines several “districts” throughout the Town; with each district containing descriptions and “District Planning Principles.” Therefore, this 2025 Town of Avon Three-Mile Plan represents a significant change from previous master planning efforts which may have discussed future land uses and larger order goals for areas within and outside the Town’s existing municipal boundaries. Specifically, this Plan will depict “Areas of Potential Boundary Inclusion” (APBIs) – shown on the Areas of Potential Boundary Inclusion Map and labeled with a numbering system - to depict individual parcels or larger areas where the Town generally believes inclusion within the Town’s boundaries may be feasible and beneficial in the short- and long-term time horizon. The Avon Municipal Code procedures and annexation application requirements in Section 7.36 will continue to be the key regulatory document governing these applications. Three-Mile Plan – Draft 4-17-25 3 E. Definitions Unless otherwise defined herein, all terms used in this Plan will use the definition(s) as written in the Town’s Municipal Code. The following definitions are specific to this Plan: Area of Potential Boundary Inclusion (“APBI”) means the area within the Town’s Three-Mile Boundary that is identified for potential growth based on physical, geographical, economic, and/or service-related attributes. Eagle River Water & Sanitation District (“District” or “ERWSD”) is a special district responsible for the regional public water and wastewater treatment systems that serve the towns of Vail and Avon, plus other communities in eastern Eagle County or “up valley.” The District provides full contract water operations and management services to the Upper Eagle Regional Water Authority (“UERWA”), which provides water to its member entities within the 3-mile plan area, including: • Town of Avon • EagleVail Metropolitan District The Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority maintains related infrastructure for providing water and wastewater services. The water distribution system consists of 240 miles of pipeline and other equipment to deliver drinking water to customers in the District and Authority service areas, and another 210 miles of pipeline is used to collect wastewater. Immediately capable of being served by ERWSD’s and/or UERWA’s water infrastructure means that, with proper engineering demonstrating compliance with the District’s or Authority’s water infrastructure specifications and demonstration of adequate water supplies, the District’s or Authority’s current water system could service inclusion into Avon’s municipal boundaries. This designation does not infer the District, or the Authority has any current resources or plans committed to extending water service to any potential new areas to be included within Avon’s town boundaries. Avon Municipal Code (“AMC”) shall serve as a general reference code to be used in conjunction with the Three-Mile Plan and the Town of Avon Comprehensive Plan and related plans. Three-Mile Plan – Draft 4-17-25 4 II. Three-Mile Boundary The Three-Mile Boundary or “Buffer” area is shown below in Figure 1: Three-Mile Plan Boundary Map, and on Map 3 attached to this Plan. The land areas described by this document include properties in unincorporated Eagle County located within the Three-Mile Boundary or “buffer” area. C.R.S. § 31-12-104 includes contiguity requirements for annexation. Certain areas of unincorporated Eagle County are within three miles of the Town but are not eligible for annexation because they do not meet contiguity requirements. Other areas of unincorporated Eagle County are within the three-mile boundaries of the Towns of Vail and Minturn. Figure 1: 2025 Town of Avon Three-Mile Boundary Map Three-Mile Plan – Draft 4-17-25 5 III. Existing Plans, Agencies, and Districts In acknowledgement of the work completed by various boards, commissions, and stakeholders to create various master planning documents, and in the spirit of intergovernmental coordination within the 3-mile area at the edge of Town with potentially affected jurisdictions, the following plans (as amended from time to time), special districts, and agencies will be considered and consulted as part of annexation procedures, as appropriate. PLANS 1. Town of Avon Comprehensive Plan and Related Plans 2. Town of Avon Capital Projects Fund 5-Year Plan 3. 2006 Eagle County Comprehensive Plan and Future Land Use Map 4. 2014 Eagle County Eagle-Vail Business Center Master Plan ENTITIES 1. Eagle County Government 2. Towns of Vail and Minturn 3. Eagle River Water and Sanitation District 4. Eagle River Fire Protection District 5. Eagle County Re-50J School District 6. Eagle County Paramedic Services District 7. United States Forest Service (USFS) 8. Colorado Department of Transportation (CDOT) Three-Mile Plan – Draft 4-17-25 6 IV. Study Area Criteria to be considered when determining which properties near Avon that might be likely to request inclusion into the Town boundary: 1. Areas which will broaden the range of housing types and home ownership opportunities in the Town. 2. Areas that have enough buildable land so that the desired Town land uses can be accommodated. 3. Areas that are, or can easily be, served by utilities with no negative physical or economic impact on the community. 4. Areas that help strengthen the economy of Avon. 5. Areas that promote infill development. 6. Areas that share a community of interest with Avon. Figure 2: 2025 Town of Avon Three-Mile Study Area Three-Mile Plan – Draft 4-17-25 7 The Three-Mile Plan does not assume, propose, or guarantee that any property within three miles will be included in the Town boundary. The descriptions and mapping included in this Plan only identify areas that may (1) be considered desirable for future planning needs; (2) can be served by current services and facilities; (3) are existing residential developments or subdivisions; (4) are needed to provide additional commercial or light-industrial land area and uses; (5) are desired to provide open space(s) or other critical infrastructure for the community; or (6) will be logical for the expansion of the Avon urban area. Please reference this section of the AMC: CHAPTER 7.36 - Annexation and Disconnection Procedures V. Areas of Potential Boundary Inclusion General Considerations for Inclusion in the Town’s Boundary The Town of Avon intends to ensure that potential opportunities for inclusion in the Town’s boundary are evaluated through careful consideration of both the current and future interests and planning needs of the community. The Town of Avon Comprehensive Plan, as may be amended from time to time, sets forth general policies to annex lands in an orderly manner that balances both the short- and long-term fiscal needs of the community. Opportunities for inclusion within the Town’s boundary should also balance commercial, residential, recreational, and industrial land uses to the greatest extent possible with the provision and capacity of critical infrastructure and services such as water and sewer, transportation and circulation, police protection and emergency services, and open space and recreational considerations to help maintain a balanced, healthy community. Applications for inclusion into the Town’s boundary shall refer to the AMC and focus on how associated site-specific zoning and development plans will meet the goals of the Avon community as identified in the Town’s Comprehensive Plan and related plans listed in the Three-Mile Plan. Specific Parcels for Potential Town Boundary Inclusion The following parcels have been identified as having the potential for inclusion into the Town boundary and receiving future municipal services based upon the policies, objectives, and strategies established by the Town of Avon Town Council. Three-Mile Plan – Draft 4-17-25 8 Figure 3: 2025 Town Boundary and Areas of Potential Boundary Inclusion Area 1: State Land Board Parcel Area 2: Dowd Junction Residential Parcels Area 3A 3B 3C: U.S. Forest Service Parcels Area 4: EagleVail Business District Area 5: Nottingham Ranch Road and UPRR (Railroad) Parcels Area 6: Beaver Creek Elk Parking Lot Area 7: Beaver Creek Bear and Wolf Parking Lots The Three-Mile Plan includes enlarged images of each area and a summary of each area's characteristics and attributes that make it likely to be considered for inclusion within the Town's boundaries. As part of developing the Three-Mile Plan, the Town of Avon contacted individual property owners for each parcel from 1 through 7 to discuss the Plan. Meetings with each of the property owners were scheduled and conducted individually. Before these meetings, the team shared an introduction to the Three-Mile Plan and a draft of the Plan maps with each property owner. These individual meetings aimed to explain the purpose of the Three-Mile Plan and discuss the rationale for the potential inclusion of each parcel within the Town's boundary in the future, complete with explicit references in the Plan's final version. The summary provided below for each parcel addresses the information discussed with each property owner specific to their parcel. Three-Mile Plan – Draft 4-17-25 9 Area 1 State Land Board Parcel Figure 4: State Land Board Parcel The State Land Board (SLB) parcel identified for inclusion into the Town’s boundary has been the subject of a tentative multi-year annexation into the Town of Avon. Spurred by Colorado General Assembly State Bill 23-001 , this parcel has been targeted for development as future Community Housing to support the major employment centers in the upper Eagle River Valley, with one of the Town of Avon’s Community Housing zone districts adopted in 2024 slated as anticipated zoning. Located within the EagleVail Business Center and in unincorporated Eagle County, access to the parcel’s southern areas is provided by U.S. 6 & 24. Internal streets and accessways exist within the southern side of the parcel. The parcel is currently served along the main east-west public free-fare transit line operated by the regional transportation authority, Core Transit. Future service by the Town of Avon’s public transit is also possible. Access to the parcel’s northern areas found north of the Eagle River and Union Pacific Railroad line and associated right-of-way, does not exist. A future road with new bridges spanning across the Eagle River and the Union Pacific Railroad would need to provide new access. Additionally, access to the north areas of the State Land Board parcel could be available from the west, with a future road connecting through the Village at Avon to Post Boulevard. The SLB parcel borders the Eagle River on the south side. The Eagle River is an important waterway and riparian area that must be protected in the future. Flooding hazards and floodplain management will remain important factors in any future use. Three-Mile Plan – Draft 4-17-25 10 Public utilities such as gas and electricity exist in the area. For water, the SLB parcel is currently served by ground wells. The adjacent area of the EagleVail Business District is currently served by the Eagle River Water and Sanitation District and the EagleVail Metropolitan District, and hooking up to these services is possible with no major new water and sewer service extensions anticipated to serve the parcel. The portions of the State Land Board parcel south of the Eagle River have housed the Colorado Department of Transportation (CDOT) Service Yard and Employee Housing on a right-of-way granted by the State Land Board dating back to the early 1960s. The eastern side of the parcel has recently been vacated and no longer houses CDOT employees in anticipation of future development of Community Housing, with approximately (96) deed restricted units being called for the site. The western portion of the CDOT right-of-way on the SLB land south of the Eagle River remains used as a CDOT service yard. The future development of this parcel area hinges on relocating the service yard to a different site, which is yet to be identified. Area 2: Dowd Junction Residential Parcels Figure 5: Dowd Junction Residential Parcels The Dowd Junction Residential Parcels consists of two existing multi-family market-rate residential projects, Kayak Crossing and River Run Apartments. These projects exist east of the EagleVail Business District and the State Land Board parcel along U.S. 6 & 24. Kayak Crossing is owned by EagleBend / Dowd Affordable Housing Corporation, and Texas Capital Partners owns River Run Apartments. If the State Land Board becomes included in the Town of Avon boundary by contiguity, the Dowd Junction Residential Parcels are also eligible to be included in the Town’s boundary. Three-Mile Plan – Draft 4-17-25 11 Access to both parcels is through a private driveway off U.S. 6 & 24. Core Transit, the public transit operated by the regional transportation authority, has a bus stop at the entrance driveway of these projects. Eagle County’s Regional Recreation Path also provides access for pedestrians and cyclists. The parcels are located along the Eagle River and have historically provided a significant rental housing supply in the upper reaches of the Eagle River Valley. Meetings with representatives of both properties highlighted the potential benefits of being included in the Town of Avon’s boundary, especially about potential redevelopment and bonus incentives that are part of the Town’s Community Housing policies. Representatives of either property shared they had no immediate plans for redevelopment but were amenable to being included in the Three-Mile Plan. Area 3: U.S. Forest Service Parcels (3A, 3B, 3C) Figure 6: United States Forest Service (USFS) Parcels See also image, next page Parcels 3A and 3B: Two USFS-owned parcels located north of the Town’s boundary are potential inclusions in the Three-Mile Plan. Parcel 3A is located at the east end of the Three-Mile Plan Study area and abuts the Village at Avon Planned Unit Development to the west and the State Land Board Parcel to the south. Parcel 3B is located further to the west, surrounded by the Village at Avon on three sides. These parcels are included in the Three- Mile Plan primarily because they provide open space and other critical infrastructure for the community. Parcel 3A would serve as an additional open space supporting potential residential growth in the east end of the community. Parcel 3B includes a short segment of the existing Swift Gulch Road right-of-way, which is currently an easement across USFS land. The remainder of the parcel is too steep for development but would provide an additional open space buffer to the north of Town. Three-Mile Plan – Draft 4-17-25 12 During the meeting with USFS representatives, parcels 3A and 3B were discussed in context with the Three- Mile Plan and other ongoing coordination between the USFS and the Town of Avon. The USFS was receptive to being included in the Three-Mile Plan and the possibility of being included within the Town’s boundary. Figure 7: United States Forest Service (USFS) Parcels Parcel 3C: Figure 7 represents Parcel 3C within the green hatched area. The subject area includes the land within the USFS that borders the entire northern municipal boundary of the Town and extends to the Three-Mile boundary. This area also includes USFS lands surrounding the eastern and western boundaries of the Town of Avon. As the map depicts, the USFS property essentially surrounds the Town of Avon, and there is existing access to the USFS lands from several locations within Avon. The Town has worked closely with the USFS to manage the existing accesses and recreational areas into these lands to the north, east, and west. The intent to include the USFS land within the Three-Mile Plan supports the coordination of access, wildlife closures, wildfire mitigation, and responsible management of this interface. It will also allow the organized planning of open space conservation for general wildlife habitats and the management of existing and potential additional recreation opportunities within the USFS lands. Three-Mile Plan – Draft 4-17-25 13 Area 4: EagleVail Business Center Figure 7: EagleVail Business District Parcels The EagleVail Business District Parcels are within unincorporated Eagle County along U.S. 6 & 24. Specifically, they are immediately west and south of the State Land Board Parcel. Access to all properties within the EagleVail Business District Parcels is provided by U.S. 6 & 24, as well as the regional transportation authority Core Transit. The properties within this area are zoned Commercial General (CG) under Eagle County’s Land Use Regulations and fall under the EagleVail Metropolitan Service Zone. The EagleVail Business District Parcels are included in the Three-Mile Plan for various reasons. They are logical for expanding the Avon urban area, especially if the State Land Board becomes included in the Town’s boundary. The existing parcels have all current services and facilities, and for what exists, these uses continue providing vital commercial services to support the broader community. Given their juxtaposition to Avon, the Parcels may offer a suitable location for redevelopment and future beneficial uses to Avon, including additional Community Housing opportunities and potential mixed-use redevelopment. Representatives of the EagleVail Metropolitan District indicated an interest in being included in the Three- Mile Plan, allowing the potential for future inclusion in the Town’s boundary. This acknowledgment allows property owners within the EagleVail Business District Parcels to take advantage of the Town’s Community Housing zoning and associated bonus incentives for redevelopment and the Town’s services beyond what EagleVail or the County may provide. At the same time, EagleVail representatives expressed concerns over the potential loss of sales tax into the EagleVail Metropolitan District and neighborhood compatibility issues if redevelopment is too tall and dense. In acknowledging their concerns within the Three-Mile Plan, Avon will not lose sight of any potential issue should the Town be approached for incorporation. Three-Mile Plan – Draft 4-17-25 14 Area 5: Nottingham Ranch Road and UPRR Parcels Figure 8: Nottingham Ranch Road Parcels The Nottingham Ranch Road Parcels are located between the Eagle River and the Union Pacific Railroad and accessed from the west by Post Boulevard and Nottingham Ranch Road. The entire right-of-way of Nottingham Ranch Road is already within the Town boundary. Lands to the south of the Eagle River are part of the EagleVail Planned Unit Development and Metropolitan District. Lands to the north across the Union Pacific Railroad are part of the Village at Avon PUD. The Nottingham Ranch Road Parcels include two existing churches, a parcel zoned residential within the Nottingham Ranch Planned Unit Development, the Eagle River, and a sliver of the Union Pacific Railroad. A portion of the underlying development of the Nottingham Ranch PUD has already been annexed and included in the Town’s boundary. The inclusion of these remaining parcels in the Town boundary is logical for the expansion of the Avon urban area. Public utilities, sewer, and water services exist within the Nottingham Ranch Road right-of-way. Inclusion within the Town’s boundary will allow the parcels greater flexibility for development by applying Community Housing zoning and associated bonus incentives or other zoning. Additionally, other infrastructure may be available for extension to this area. This allows mixed-use development, medium to high-density residential uses, and Community Housing that are not currently within the existing Nottingham Ranch PUD. Representatives of the Churches and the residential lot agreed with the rationale and had no issue with the acknowledgement in the Three-Mile Plan. Three-Mile Plan – Draft 4-17-25 15 Areas 6 & 7: Beaver Creek (6) Bear, Wolf, and (7) Elk, Parking Lots Parcels Figure 9: Beaver Creek Parking Lot Parcels The Beaver Creek Parking Lot Parcels include Areas 6 and 7, the Beaver Creek Elk Parking Lot, and Beaver Creek Bear and Wolf Parking Lots, respectively. The Elk and Bear lots are located directly south of and accessed by U.S. 6. The Wolf lot is accessed by Prater Lane and Bachelor Gulch Trail Roads, just to the south and above U.S. 6. The parking lots are part of the Beaver Creek Planned Unit Development (PUD) Guide adopted by Eagle County originally in 1978, and most recently amended and restated in 2017. The Elk Parking lot is Tract N, the Bear lot is Tract Q, and the Wolf lot is Tract B within the PUD guide for Beaver Creek. Tract N has a land use designation of RS -Resort Services, Tract Q has a land use designation of RCI- Resort Commercial I, and Tract B has a land use designation of RC – Resort Commercial. These land use designations have associated development rights within the Beaver Creek PUD Guide, allowing for significant residential density and associated resort-related uses. Vail Resorts and Beaver Creek representatives indicated support and understanding of the Town’s Three-Mile Plan planning effort; however, given the inclusion of the parking lots within the existing Beaver Creek PUD guide, their existing land use designations, and the existing development rights, representatives from Vail Resorts and Beaver Creek indicated a preference to remain within the adopted Beaver Creek Planned Unit Development and most likely stay within unincorporated Eagle County. Acknowledgment in this Plan remains in case something changes in the future or for potential partnerships with Avon regarding Community Housing or services. Three-Mile Plan – Draft 4-17-25 16 VI. Maps Included in Plan The following are the maps that are included in this Three-Mile Plan: Figure 1: 2025 Town of Avon Three-Mile Plan Boundary Map Figure 2: 2025 Town of Avon Three-Mile Plan Study Area Map Figure 3: 2025 Town Boundary and Areas of Potential Boundary Inclusion Figure 4: State Land Board Parcel Figure 5: Dowd Junction Residential Parcels Figure 6: United States Forest Service (USFS) Parcels Figure 7: EagleVail Business District Parcels Figure 8: Nottingham Ranch Road Parcels Figure 9: Beaver Creek Parking Lot Parcels Additional Maps of Avon, including the Town’s Zoning Map, can be accessed on the Town of Avon website via this link: https://www.avon.org/155/Mapping 970-748-4023 mmorgan@avon.org Page 1 of 18 TO: Honorable Mayor Underwood and Avon Town Council FROM: Max Morgan, AICP, Planner II RE: Village (at Avon) Park Planning DATE: April 21, 2025 SUMMARY: The Community Development Department 2024 Goals included a goal to “Retain a consultant to conduct initial conceptual planning for park areas in the Village (at Avon).” This goal was broadened in 2025 to state “Retain a consultant to conduct initial conceptual planning for all public park areas in Town. This was originally planned for only Village (at Avon) parks.” This report provides information about park planning in the Village (at Avon) (“VAA”) Planned Unit Development (“PUD”) as it relates to governing documents, parkland dedication requirements, and park construction requirements. The purpose of bringing this information to the Avon Town Council at this time is due to upcoming requirements related to an area identified as Planning Area 3 (“P3”). Additionally, the Town recently received a conceptual layout for a reconfigured community park location owned by the Town referred to as Planning Area B (“PA-B”). The Town anticipates that the information provided below, in addition to feedback from Council and the public related to park planning, are valuable contributions to the planning and design process for parks in Avon. BACKGROUND: In 1998, the Avon Town Council agreed to annexation of the Village (at Avon) and approved an Annexation and Development Agreement (“Development Agreement”) for the VAA. These actions resulted in the formation of the Village (at Avon) PUD, a 1,779-acre area primarily owned by the Traer Creek LLC (“Traer Creek”) and its subsidiaries. The VAA represents most of the east portion of Avon and is entirely within Town limits. Figure 1 - VAA Map Village (at Avon) Park Planning April 22, 2025 Page 2 of 18 PUDs are common in municipalities nationally, and represent areas with an expressed vision dictated by customized land use controls, separate from traditional zoning prescribed by the municipality. The Avon Municipal Code Section 7.08.010 General Definitions defines PUDs as: “An area of land, controlled by one (1) or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations.” Three documents serve to guide development and land use decisions for the VAA PUD: Operative Documents 1.VAA PUD Master Plan: This plat map serves to establish the PUD and represents the ongoing long-term vision to subdivide the Village (at Avon) into specific planning areas (ATT A – PUD Master Plan). 2.VAA PUD Guide: The PUD Master Plan is supplemented by the PUD Guide (“Guide”), a detailed document that informs land use controls and development standards. The Guide dictates processes for application review and approvals, and is amended on occasion. 3.CARADA: The Consolidated, Amended, and Restated Annexation and Development Agreement (“CARADA”) signed and recorded in 2014 represents the development agreement between the current, primary landowners, Traer Creek. The original version is labeled as the “Development Agreement”. The VAA Master Plan subdivides the PUD into Planning Areas. Each Planning Area has specific land use requirements and restrictions for development, similar to zoning controls. The VAA PUD Guide necessitates a Design Review Board (“DRB”), a small group of individuals tasked with reviewing development applications similar to the Town’s Planning and Zoning Commission (“PZC”) but specific to properties within the PUD. The Guide states that certain types of development projects in the VAA are only reviewed by the VAA DRB and are not subject to the Town’s Development Standards and review procedures (E.g., Signage, fencing, etc.), while other types of applications employ the Town’s standards and procedures (E.g., Temporary Use permits). Since the VAA PUD’s inception, the Town and Traer Creek have collaborated to update its operative documents, including the VAA PUD Master Plan plat map, via administrative approvals and ordinances approved by Council. One specific amendment via Ordinance 12-10 (ATT B – TC Ord. No 2012-10) ratified past decisions, conveyed additional property to the Town, and set requirements for future development, including Area N, a portion of which is now P3. Area N / P3 Early iterations of the VAA Master Plan plat map (ATT C – VAA PUD 1998) show (Planning) Area N – Community Park (29 acres) in the Land Use Summary. Ordinance 12-10 renamed the parcel to “P3” and reduced P3 to thirteen (13) acres. The sixteen (16) acres removed from P3 received dedication as primarily Open Space, with two, 1-acre parcels for Public Facilities included as well. Village (at Avon) Park Planning April 22, 2025 Page 3 of 18 Image 2 - Area N - 1998 VAA PUD Image 3 – Planning Area 3 - 2014 VAA PUD The Town and Traer Creek revised the PUD Guide to reflect the updated terms adopted by Council via TC Ordinance 12-10, and this updated version now represents the current operative PUD Guide (2014). Included in the updated PUD Guide are Provisions for Certain Amenities, which include an encumbrance for P3: Excerpt from VAA PUD Guide - Provision of Certain Amenities. Community Park (Planning Area P3). Construction of the initial fifty percent (50%) of the community park shall be commenced prior to the date that the Town’s obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 601st Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. Construction of the second fifty percent (50%) of the community park shall be commenced prior to the date that the Town’s obligation arises to issue a certificate of occupancy for the Dwelling Unit constituting the 1200th Dwelling Unit within the Property that otherwise is eligible to receive a certificate of occupancy. Once commenced, construction of the improvements contemplated in (i)and (ii) above shall be prosecuted with due diligence in accordance with sound construction practices. P3 Site Description P3 is a thirteen-acre property (although not a unique parcel) near the center of the VAA PUD. The site’s high elevation provides exceptional views of the valley floor and mountains to the south. The site is perched above the adjacent hotel, but the hotel is only visible when standing at the edge of the site. The area to the north includes hillsides of even higher elevation, with a trail that connects to the expansive trail system between Avon and Vail. The area reports wildlife including birds, snakes, deer, mountain lions, and foxes. Village (at Avon) Park Planning April 22, 2025 Page 4 of 18 Figure 4 - P3 Context Map Village (at Avon) Park Planning April 22, 2025 Page 5 of 18 Image 5 - View from Southern Edge of P3 Looking Southeast, with Maverik Gas Station and Hotel The property sits north of Swift Gulch Road and the new Springhill Suites Hotel, and northwest of the Maverik gas station. An unnamed, private dirt road leads to the property, represents the eastern boundary of the site, and extends further north to a decommissioned water tank owned by the Upper Eagle Regional Water Authority. Wagon Trail Road terminates at the Nottingham Reservoir, a two-acre, human-made lake on land owned by Traer Creek. Nottingham Gulch bounds the property to the west. Currently, the center of the site is used to store natural materials (E.g., dirt, soils, gravel, etc.) for construction projects and grading, and construction equipment, such as excavators. Despite the construction element, the site is generally well cared for by the current property owners, and is restricted to the public by a large chain link fence north of the roundabout leading up to the site. Village (at Avon) Park Planning April 22, 2025 Page 6 of 18 Image 6 - Center of P3 Looking Southeast Image 7 - P3 Looking West The edges of the site are less disturbed, with a small gully hosting native grasses along the south border of the site. The southeast portion of the site houses a small wetland area created by human-made drainage patterns. Village (at Avon) Park Planning April 22, 2025 Page 7 of 18 Image 8 - Human-made Wetland at P3 Image 9 - Wagon Trail Road Looking North with P3 on the Left Village (at Avon) Park Planning April 22, 2025 Page 8 of 18 Potential future uses of the site appear robust, based on size and current conditions. The VAA PUD identifies P3 as Parkland, and is subject to development standards including: Uses By Right: (a)Agricultural Use (as an Interim Use only). (b)Community Facilities (subject to review and written approval of such Uses by the Design Review Board). (c)Equestrian, pedestrian and bicycle trails. (d)Landscape improvements. (e)Indoor and outdoor, sports, training and recreation facilities. (f)Lakes, ponds, reservoirs and irrigation ditches. (g)Parks, picnic facilities and temporary entertainment for special events. (h)Open Space. (i)Infrastructure. (j)Dry Utilities. (k)Cabled Telecommunications Equipment, Cabled Television Facilities and Cabled Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. (l)Wireless Telecommunications Equipment (excluding antenna towers), Wireless Telecommunications Facilities (excluding antenna towers) and Wireless Telecommunications Services, each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. Special Review Uses: (a)Rock and gravel crushing operations related to rock and gravel materials excavated within The Village (at Avon) PUD. (b)Wireless Telecommunications Equipment (antenna towers only) and Wireless Telecommunications Facilities (antenna towers only), each of the foregoing being subject to review and written approval by the Design Review Board authorizing such Use. Prohibited Uses: (a)Residential Uses. (b)Commercial Uses (except as specifically included in Sections D.10(a) or D.10(b)). (c)Industrial Uses. There are no setbacks or site coverage restrictions for buildings, and a thirty-five (35) foot building height maximum in P3. P3 - VAA / Town Obligations The Town is obligated to develop a Neighborhood Park at the site when a certain number of housing units develop in the VAA (the Town is not responsible for the development of housing in this case); the Town is responsible for “construction of the initial 50% of the community park…” at the time the 601st market-rate residential unit is built and approved for use by the Town’s Building Official, in the VAA. The 1200th market- rate residential unit represents the Town’s obligation for the remaining half of park development. Village (at Avon) Park Planning April 22, 2025 Page 9 of 18 The Town and Traer Creek track housing development, and update the housing inventory monthly. The Town anticipates that the current Bosk Apartments project in the VAA brings the total number of market- rate residential units to above 601, once certificates of occupancy are issued for the building. The Town approved plans for the project in 2024, and expects construction to begin in 2025. As a result of the development, the need will arise to meet the obligation for 50% park construction in the next few years. Staff are not aware of what specifically constitutes “50% park construction,” but the Avon Municipal Code states the characteristics and criteria for Park Land Dedication (AMC Section 7.32.090 – Parks land dedication) and intends to pursue plans, construction, and operations of Neighborhood Park with long-term positive impact to existing and future community of Avon. Criteria for Park Land Dedication includes: •Standards for size, based on population in the area •Requirements for drainage and suitability for public use (50% of the site) •Requirements for connectivity, access to water (water rights) •Procedures for dedication •Recommended uses: o Multi-use lawns, picnic area, playgrounds, small court games, community gardens and playing fields, and facilities. Neither the Avon Municipal Code, the VAA PUD Guide, nor TC Ord 12-10 specify whether the requirement for drainage and suitability is the responsibility of Traer Creek or the Town. Regardless, the Town acknowledges the obligation for effective park planning in the immediacy, in anticipation of 601st housing unit in the VAA. Planning Area B While the Town does not yet own P3, the Town does own a parcel in the VAA PUD: Planning Area B (“PAB”). Representatives of Traer Creek recently engaged with the Town to show development plans for areas surrounding Planning Area B, and the Town is considering options for complementary design of PAB. PAB is an undeveloped 4.1-acre site, bound by a steep slope to the north that leads up to Interstate-70. The parcel is otherwise encompassed by land owned by Traer Creek, dedicated as Village Center Mixed Use Project in the PUD Master Plan. PAB is a physically depressed parcel in an area used for construction and snow storage on the valley floor, and is eligible for reconfiguration if necessitated by a development project. Village (at Avon) Park Planning April 22, 2025 Page 10 of 18 Image 10 - PAB Plat (2019) Image 11 - PAB Looking West with Chapel Square in the Background Village (at Avon) Park Planning April 22, 2025 Page 11 of 18 Image 12 - PAB Looking Northwest with Avon Regional Transit Facility in Background PAB is identified as Community Facilities in the VAA PUD Guide Land Use Summary. The VAA 2018 PUD Guide includes guidelines for PAB: Uses by Right: (a)Parks and Open Space. (b)Community Facilities and related amenities, including without limitation, accessory Commercial Uses, including food and beverage concessions, as may be mutually approved by the Town and the Design Review Board. (c)Agricultural Use (as an Interim Use only). (d)Infrastructure. (e)Dry Utilities. (f)Snow storage (as an Interim Use only). (g)Water storage and water resource management facilities. Special Review Uses: (a)Outdoor entertainment facilities that include the use of amplified music. Prohibited Uses: (a)Commercial Uses. (b)Residential Uses. (c)Industrial Uses. (d)Mixed Use Projects Village (at Avon) Park Planning April 22, 2025 Page 12 of 18 The PUD Guide also includes guidelines for building setbacks, building height maximum (60 ft), maximum allowable site coverage (20%), parking requirements and street standards, specific to Planning Area B. The site is currently contemplated for water storage. In 2025, the Town and Traer Creek are considering specific elements of development for the site in order to craft a detailed vision for comprehensive VAA development in the next 10-20 years. The VAA PUD Guide reports the conditions for the prior dedication of Planning Area B, which includes: •The Town can construct a water feature, with a limit on total surface area (0.6 acres) and a minimum 2-acre feet of water storage. •Development of the site, including public improvements, is subject to VAA DRB approval. •The Town has a right to maintain and operate the site as Open Space. •The site can be used for snow storage by the Town or Traer Creek until it is developed. The VAA includes two additional sites designated as Parkland: P1 and P2. P1 is a linear path, currently undefined at the site, that connects the Piedmont apartment complex with Planning Area B. The future of P1, its look, feel and overall development, is likely subject to adjacent development projects. P1 essentially preserves a physical connection between existing residential development and future sites in and around PAB. A soft surface path is currently being constructed between Bost Apartments and Piedmont, signifying the beginning/end point of P1. The construction of the soft surface trail was approved by Council as part of a cost-share agreement with the Bosk apartment developers. Figure 13 - PAB and P1 Context Map Village (at Avon) Park Planning April 22, 2025 Page 13 of 18 Image 14 - View of P1 Area Looking Northeast with Piedmont Apartments in Background P2 is the park in between the Walmart and Home Depot buildings on Yoder Ave. The site is only accessible from the Walmart / Hope Depot parking areas, and offers seating areas throughout a nature- scape, a fountain, and a small bridge. The Town is not anticipating development projects related to P2. Image 15 - Center of P2 Village (at Avon) Park Planning April 22, 2025 Page 14 of 18 Image 16 - P2 from Eastside of Walmart Building Village (at Avon) Park Planning April 22, 2025 Page 15 of 18 Image 17 - VAA Parkland Sites and PAB PARK PLANNING IN AVON: The process of planning a neighborhood park presents opportunities to address the wants and needs of a community, and support goals and objectives from the comprehensive plan or other relevant plans. Park planning can follow the same general process for all development, but should emphasize public engagement during Concept Planning. Consultants offer services related public engagement however, Staff is prepared to direct the public engagement process for park planning as well. Figure 18 - Image from TOA Park Planning Toolkit Village (at Avon) Park Planning April 22, 2025 Page 16 of 18 Concept Planning Concept Planning confirms the purpose of the project (Goals) and decision-making framework when the park is designed (Policies). Effective concept planning prevents unnecessary expenditures during the design phase- when changes to plans become more costly and detrimental to the progress of a project. When a community develops a clear concept, less time, energy and money is spent on revisions. Governments are likely to experience more members of the public, local businesses, and community leaders expressing interest and ideas for new neighborhood parks, compared to other development projects. Park planners should have a plan specifically for public engagement, otherwise risk ignoring or misapplying valuable input as the project takes shape. The public should be empowered to conceptualize the project and identify parameters for development. Staff can support effective public engagement through Information Gathering, Creating Engagement with the information gathered, and continuously Sharing Feedback, creating a feedback loop that should ultimately inform a community-driven design of the park. Figure 19 - Image from TOA Park Planning Toolkit SHARE FEEDBACK Village (at Avon) Park Planning April 22, 2025 Page 17 of 18 Information Gathering It is essential that planners and municipalities share and refine information in anticipation of park development. This establishes a baseline of information, so that the public can understand and address opportunities and challenges that the park could impact. New information introduced deep into the concept planning stage, even if the information is accurate, can derail the discussions around plans and projects. Staff and members of the public can help develop that baseline of information. One example of effective baseline information is a Community Profile (ATT D – Avon Community Profile 2023) using census data and other data points that confirm community elements such as: •Demographic Info: Age, income, racial / ethnic backgrounds, family size and composition, industries / job sectors, languages spoken, housing composition (rent vs. own), etc. •Trends: Is the demographic information changing? How quickly? Are other critical trends emerging in your community, the state, or even nationally? Prepare a Trends Report to give context to demographic information, and invite members of the public to share what trends they may have observed (ATT E – Trends Report 2023) •Mapping: Maps make engagement more dynamic! Staff and the public should map assets and asset gaps, and the specific locations of emerging trends. Neighborhood park planning should consider the neighborhood, so site-specific information proves valuable when envisioning the purpose and positive impact of a proposed park. •Standards, Encumbrances, and Parameters of Development: The Background section of this report is an example of the guidelines and restrictions of development that should be identified from the onset for any project. Planners and the public should possess a complete understanding of what can and can’t take place, and the process to change development standards or similar rules if needed. •Previous Surveys and Community Feedback: If a municipality or organization has administered surveys in the past relevant to park planning, planners should summarize the results and include that information as a resource during public engagement (ATT F – Example of Survey Results Summary Creating Engagement Once planners have synthesized available data and designed resources to share relevant information- groups, individuals, leaders and shareholders should have the opportunity to respond to the information presented in a meaningful way. Using the information gathered (Community Profile, Trends Report, and Asset Maps, etc.), and existing plans, like a Comprehensive Plan or Park Plan, the planners and members of the public can: •Confirm key issues that a neighborhood park could help address. •Identify goals and a vision for the park’s impact. •Identify relevant stakeholders, interest groups, community stewards, and potential points of conflict for the project. Village (at Avon) Park Planning April 22, 2025 Page 18 of 18 • Design surveys, social media campaigns, and overall messaging Engagement opportunities should be: • Online and in-person • Available in group settings and to individuals • Provided in languages represented in the community • Designed to minimize barriers for attendance and participation • Incentivized and promoted Sharing Feedback The “results” of engagement opportunities take more than several forms, ranging from formal survey responses to comments overheard in a public meeting. Ideas, concerns, and general feedback should not only be documented, but included as material for future engagement opportunities. Planners should confirm with individuals that any interpretation of their feedback represents their ideas, before sharing it with others. Meeting minutes, logs of conversations, photos, Miro Boards, etc., are all ways to encapsulate feedback. Engagement opportunities should begin with a summary of existing feedback, with the chance for participants to respond. Thank you, Max ATTACHMENTS: Attachment A – PUD Guide Master Plan Attachment B – TC Ord. 12-10 Attachment C – VAA PUD Development Plan 1998 Attachment D – Avon Community Profile 2023 Attachment E – Trends Report 2023 Attachment F – Example of Survey Results Summary Attachment G – P3 Photos Attachment H – PAB / P1 Photos and PAB Plat Attachment I – P2 Photos ATTACHMENT A - PUD Master Plan (2019) TOWN OF AVON, COLORADO ORDINANCE 12 -10 SERIES of 2012 AN ORDINANCE IMPLEMENTING THE SETTLEMENT TERM SHEET TO RESOLVE PENDING LITIGATION 2008 CV 385 AND 2010 CV 316; APPROVING THE CONSOLIDATED, AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT; APPROVING ACCEPTANCE OF REAL PROPERTY AND EQUIPMENT; APPROVING THE ACCEPTANCE AND CONVEYANCE OF WATER RIGHTS; APPROVING AN AMENDMENT TO THE VILLAGE (AT AVON) PLANNED UNIT DEVELOPMENT (PUD); APPROVING THE TRAER CREEK PLAZA CONDOMINIUM PLAT; APPROVING A REPLAT OF LOT 1; APPROVING AMENDMENTS TO CHAPTER 18 OF THE AVON MUNICIPAL CODE; AND TAKING SUCH OTHER ACTIONS AS SET FORTH HEREIN TO IMPLEMENT THE SETTLEMENT TERM SHEET. WHEREAS, the Town of Avon ( "Town "), Traer Creek Metropolitan District ( "TCMD "), Traer Creek LLC, Traer Creek -RP LLC, Traer Creek Plaza LLC, EMD Limited Liability Company, Traer Creek -HD LLC, Traer Creek -WMT LLC, (collectively the "Traer Creek Parties "), BNP Paribas ( "BNP ") and Eagle County are parties to the consolidated litigation Civil Action No: 2008 CV 385 and Civil Action No: 2010 CV 316 ( "Litigation "); WHEREAS, on October 7, 2011 Town, TCMD, the Traer Creek Parties, and BNP entered into the Settlement Term Sheet ( "Settlement Term Sheet ") in an effort to resolve pending litigation No. 2008 CV 385 and 2010 CV 316, Eagle County District Court; WHEREAS, the Settlement Term Sheet and the documents contemplated in the Settlement Term Sheet require the Town to approve several and various actions which are all related to and necessary for implementation of the Settlement Term Sheet; WHEREAS, in order to facilitate concurrent action with respect to the various documents implementing the Settlement Term Sheet, the parties to the Settlement Term Sheet intend to execute the Receipt and Escrow Agreement Pertaining to the Village (at Avon) Settlement Implementation as approved by this Ordinance and defined in Section 2 below, by which all documents implementing the Settlement Term Sheet, including without limitation, the Development Agreement, shall be deposited into escrow and released in accordance with the terms of such Escrow Agreement at the appropriate time; and WHEREAS, the Town of Avon approved a PUD and corresponding PUD Guide for the Village (at Avon) PUD by Ordinance No. 98 -16; Page 1 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 WHEREAS, the Town of Avon approved administrative amendments Village (at Avon) PUD Guide Administrative Amendment No. 1 on May 21, 2001, Village (at Avon) PUD Guide Administrative Amendment No. 2, on February 13, 2002, Village (at Avon) PUD Guide Administrative Amendment No. 3 on May 15, 2002, and Village (at Avon) PUD Guide Administrative Amendment No. 4 on May 15, 2002; WHEREAS, the Town of Avon approved Village (at Avon) PUD Guide Formal Amendment No. 1 by Ordinance No. 06 -16 and 06 -17; WHEREAS, the Town of Avon approved an Annexation and Development Agreement for the Village (at Avon) by Ordinance No. 98 -17; WHEREAS, the Town of Avon approved the First Amendment to the Annexation and Development Agreement by Ordinance No. 01 -16, the Second Amendment to the Annexation and Development Agreement by Ordinance No. 03 -08, and the Third Amendment to the Annexation and Development Agreement by Ordinance No. 04 -17; WHEREAS, Traer Creek, LLC ( "Applicant ") has submitted an application to amend the Village (at Avon) Annexation and Development Agreement and to amend the Village (at Avon) Planned Unit Development Guide and Master Plan Map; WHEREAS, the Applicant submitted to the Town a draft of the Consolidated, Amended, and Restated Annexation and Development Agreement ( "Development Agreement "); WHEREAS, the Town Council of the Town of Avon held a public hearing for the Development Agreement on September 11, September 25, October 9, October 23, and November 7, 2012 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Development Agreement amendment application; WHEREAS, the Town Council finds that the approval of the Development Agreement will implement the Settlement Term Sheet in part and further adopts the findings as state in the recitals to the Development Agreement; WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings for preliminary planned unit development review on June 5 and June 11, 2012, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings of fact and make a recommendation of approval to the Town Council; Page 2 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 WHEREAS, the Town Council of the Town of Avon held public hearings for preliminary planned unit development review on June 26 and July 10, 2012, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the preliminary Village (at Avon) PUD amendment application; WHEREAS, the Planning & Zoning Commission of the Town of Avon held public hearings for final planned unit development review on August 7, August 13, August 21 and August 27, 2012, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation, then took action to adopt findings of fact and make a recommendation of denial to the Town Council; WHEREAS, the Town Council of the Town of Avon held a public hearing for final planned unit development review on September 11, September 25, October 9, October 23, and November 7, 2012, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the final Village (at Avon) PUD amendment application; WHEREAS, the Town Council finds the PUD Amendment application for the Village (at Avon) complies with the review criteria set forth in Sections 7.16.060(a), (b), (e)(4) and (f)(5) as more particularly described in the Findings of Fact attached as Exhibit A; WHEREAS, with regard to the Traer Creek Plaza Condominium Plat, the Settlement Term Sheet contains the following condition: "Avon must approve the Traer Creek office building /parking garage condominium application such that the ownership of the parking garage as established in the pertinent existing instruments between Developer and the District are recognized and established as condominium interests. This is required to obtain legal opinions of the re -issue of the District's bonds "; WHEREAS, on March 22, 2012, Traer Creek Plaza LLC submitted an application for the Traer Creek Plaza Condominium Plat, located in Section 7, Township 8 South, Range 81 West of the 6t ' P.M., Town of Avon, Eagle County Colorado, also known as 0101 Fawcett Road; WHEREAS, the Traer Creek Plaza Condominium Plat is necessary to implement the Settlement Term Sheet and complies with the requirements for consideration as a minor subdivision and combined preliminary plat and final plat; WHEREAS, the Town Council of the Town of Avon held a public hearing for review of the Traer Creek Plaza Condominium Plat on May 8, 2012, after posting notice as required by law, continued such public hearing to May 22, 2012, and considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Traer Creek Plaza Condominium Plat application; Page 3 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 WHEREAS, the Town Council finds the Traer Creek Plaza Condominium Plat is in conformance with the review criteria in Sections 7.16.070(e) Preliminary Plat Review Criteria and 7.16.070(f), Final Plat Review Criteria, Avon Municipal Code; WHEREAS, the Town Council of the Town of Avon held a public hearing for minor subdivision plat review for the SECOND AMENDED FINAL PLAT, THE VILLAGE (at Avon) FILING 1, A RESUBDIVISION OF LOT 1 on October 9, October 23, and November 7, 2012, after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Village (at Avon) PUD amendment application; WHEREAS, Section 7.16.070(d)(2) states that minor subdivision applications may be approved by ordinance; WHEREAS, the Town Council finds the SECOND AMENDED FINAL PLAT AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1, A RESUBDIVISION OF LOT 1 is in conformance with the review criteria in Sections 7.16.070(e), Preliminary Plat Review Criteria, and 7.16.070(f), Final Plat Review Criteria, Avon Municipal Code; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Closing Escrow Agreement The Receipt and Escrow Agreement Pertaining to the Village (at Avon) Settlement Implementation ( "Closing Escrow Agreement "), attached hereto as Exhibit B, is hereby approved. The Mayor and the Town Clerk and their respective designees are authorized to execute the Closing Escrow Agreement. The Town Council may approve amendments and/or extension to the Closing Escrow Agreement by Resolution at any time prior to the earlier to occur of the Implementation Date or the Outside Date as defined in the Closing Escrow Agreement. The Town Council may approve documents requiring Town approval as designated in the Closing Escrow Agreement by Resolution or Motion. This Ordinance shall be effective for the purpose of Council taking final action on second and final reading for the purpose of any appeal, legal challenge and referendum as set forth in Section 17 below; however, the Ordinance shall not become binding on the Town and shall not benefit or Page 4 of 8 Ord No. 12-10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 burden the applicable property or parties until the Implementation Date as defined in the Closing Escrow Agreement. This Ordinance, every approval in this Ordinance and every document approved by this Ordinance, shall all become automatically void ab initio and treated as invalid from the outset if the Implementation Date has not occurred prior to the Outside Date as such capitalized terms are defined the Closing Escrow Agreement. Section 3. Approval of Development Agreement The Consolidated, Amended and Restated Annexation and Development Agreement is hereby approved. The Mayor and the Town Clerk and their respective designees are authorized to execute the Development Agreement, attached hereto as Exhibit C. Section 4. Acceptance of Property The Town Council hereby accepts the conveyance of real property, easements and equipment described as follows and in the form attached to this Ordinance, provided that the final acceptance of documents shall be subject to review by the Town of any title reports or title insurance commitments that the Town may desire to determine that title is acceptable to the Town, shall be subject to physical inspection of such properties, including but not limited to soils testing and environmental investigations, shall be subject to further negotiations which Town may seek concerning restrictions, reversions, encumbrances and other rights and obligations which may be contained in the documents, and shall be subject to review of additional revisions which may be requested by other parties to such conveyance documents. Town Council may approve amendments and/or revisions to these documents conveying property by Resolution at any time prior to the Outside Date as defined in the Closing Escrow Agreement. a) Planning Area B by Special Warranty Deed as set forth in Exhibit D -1; b) Access Easement to Planning Area B as set forth in Exhibit D -2; c) Planning Area E by Special Warranty Deed as set forth in Exhibit D -3; d) Public Road Tracts by Special Warranty Deed as set forth in Exhibit D -4; e) Bill of Sale for Road Improvements as set forth in Exhibit D -5; f) Partial Assignment of Amended and Restated Conveyance of Roadways and Easements as set forth in Exhibit D -6; g) Amended and Restated Nottingham Dam Easement and Asignment Agreement as set forth in Exhibit D -7; h) Wet Well Easement Agreement as set forth in Exhibit D -8; i) Bill of Sale for Wet Well Improvements as set forth in Exhibit D -9; Page 5 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 j) Tract G by Special Warranty Deed as set forth in Exhibit D -10; and, k) Bill of Sale for Water Dissipater asset forth in Exhibit D -11. Section 5. Acceptance and Conveyance of Water Rishts The Town Council hereby accepts conveyance of water rights from Traer Creek Metropolitan District and Reconveyance of such water rights to the Upper Eagle River Water Authority as set forth in Exhibit E to this Ordinance provided that the final acceptance of documents shall be subject to review of additional revisions which may be requested by other parties to such conveyance documents. The Mayor and Town Clerk and their respective designees are hereby authorized to execute all documents to effectuate such acceptance and conveyance of water rights. Section 6. Amendment to Village (at Avon) PUD The Village (at Avon) Amended and Restated PUD Guide and Village (at Avon) PUD Master Plan amendments are hereby approved as such amendment is set forth in Exhibit F. Section 7. Approval of Traer Creek Plaza Condominium Plat The Traer Creek Plaza Condominium Plat is hereby approved as attached hereto as Exhibit G. Section 8. Repeal of Ordinance No. 06 -17 Ordinance 06 -17 "An Ordinance Approving, with Conditions, a PUD Amendment Application Amending the Village at Avon PUD Development Plan by Relocating Planning Area G, from Planning Area RMF -1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision," adopted by the Town Council on January 23, 2007, is hereby repealed in its entirety. Section 9. Approval of Replat of Lot 1 The SECOND AMENDED FINAL PLAT AMENDED FINAL PLAT, THE VILLAGE (at AVON) FILING 1, A RESUBDIVISION OF LOT 1, ( "Replat of Lot 1 ") attached hereto as Exhibit H, is hereby approved. The Mayor and Town Clerk and their respective designees are hereby authorized to execute the Replat of Lot 1. Section 10. Amendment to Title 18 . Avon Municipal Code Section 18.01.120 is hereby amended by the adoption of subsection 18.01.120(e) to read as follows: e) Notwithstanding any other provision in this Title 18, any provision concerning material modification of Service Plans set forth in this Title 18, including compliance, modification, definition, applicability, enforcement and procedures, shall not apply to the Traer Creek Metropolitan District and The Village Metropolitan District and all matters concerning material modification by the Traer Creek Metropolitan District and The Village Metropolitan District shall be governed by the Colorado Revised Statutes as may be amended from time to time." Section 11. Correction of Errors Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, Page 6 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 grammatical, cross - reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 12. Severability No provision of this Ordinance shall be severable. If any provision of this Ordinance is for any reason held to be invalid, such invalidity shall affect the entirety of this Ordinance, and all documents and exhibits to documents approved by this Ordinance, and shall render the entire Ordinance invalid, without and void ab initio. Section 13. Effective Date This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter for the purposes of final action as described in Section 16 below. Notwithstanding the foregoing, the effectiveness of this Ordinance shall be subject to Section 2 above, provided that neither this Ordinance nor any of the instruments approved hereby shall be recorded against, be binding upon, benefit or burden the property known as The Village (at Avon) or be binding upon any party until the occurrence, if any, of the Implementation Date in accordance with the terms of the Closing Escrow Agreement. Section 14. Safety Clause The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 15. Publication by Posting The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Section 16. Right of Referendum The right of referendum shall run thirty days from the date of publication of the notice that a vested property right has been granted in accordance with Section 7.16.140(d)(2)(iii) of the Avon Municipal Code. Section 17. Final Action Approval and final adoption of this Ordinance on second reading constitutes the Town's final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter. EXECUTION PAGE FOLLOWS') Page 7 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on October 9, 2012 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on October 23, 2012, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. ME1011 Published b pds&riiit lLsf t Clerk at lea seven days priorto ATTEST: COLOR ' (3 tty McKgnny, T Rich Carroll, Mayor public places in Town and posting at the office of the Town 1 action by the Town Council. y - W Tf5Wn Attorney INTRODUCED, FINAILLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the r7 ` — day of l , 2012. Rich Carroll, M yor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. Ofiq 60, S EA L Page 8 of 8 Ord No. 12 -10 Implementing the Settlement Term Sheet V8 12 -11 -07 FINAL ATT B - TC Ord. No. 2012-10 I O I I I I- - I I- - I II D C E i N IA CT I> In I O y y 1 o b z CL 1 , p I a / x I cr o x L1 rn rn d n to Y r CD D v l no I CI D ro O V I 1 I E 1 I 1i 1 G 7 I I 1 I 1I IIII IIII IIII IIIII i N I O I to I I- - I I- - I IA W N IA CT I> In I O y y o b z CL 1 , p I a / x I cr o x L1 rn rn d n to Y r CD D v l no I CI D ro O V I 1 I E 1 I 1i 1 G 7 1 I 1 X N I N J I 01 I I q k s w w tv w w cn ND . - m 4 n Q0 J O w J 4 Ut w IA O IA IA w N w „ ba F H n 9 . I o S R I, c C i < 9 z I 4 2 n 39 $ c x s d e b n m 0 I GF 9 roC C rt S a A I aRl c 1 a. l J o o, C O y y o b z C) CD m / I o m D CD d Ot z CD D v l CI D O V S X N I N J I 01 I I q k s w w tv w w cn ND . - m 4 n Q0 J O w J 4 Ut w IA O IA IA w N w „ ba F H n 9 . I o S R I, c C i < 9 z I 4 2 n 39 $ c x s d e b n m 0 I GF 9 roC C rt S a A I I i i mA 1 W m o I 1 A W J A u X o f a . + aRl c 1 a. l J o o, C O y y o b z C) CD o C' o m D CD d Ot z CD o y I i i mA 1 W m o I 1 A W J A u X o f a . + AT T B - T C O r d . N o . 2 0 1 2 - 1 0 ACRES % OF SITEResidential / Single Family -Lots 1-96 916.4 51.2% 24.2 1.4%Residential / Multi-Family LAND USE Residential 20 Subtotal 1000.5 56.0% RMF-1 29.0 1.6% Natural Open SpaceOS-1–OS-10 499.9 27.9% Road R.O.W.66.0 3.7% Area N - Community Park Road R.O.W. Parkland P-1–P-6 15.7 .9% Subtotal 544.6 30.4% Parks and Open Space Area -N P 66.0 3.7%Subtotal OS 43.6 2.4%Residential / Multi-FamilyRMF-2 16.3 .9%Residential / Multi-Family -RMF-3 MAX. ALLOWED DENSITY DU/AC 1 primary/1 secondaryresidence per lot 6 du/ac 12 du/ac 6 du/ac 2400 maximum* 25 du/ac 10 du 4 du 18 du/ac 18 du/ac 18 du/ac 15 du/ac 15 du/ac 15 du/ac 15 du/ac 15 du/ac MAX. ALLOWED DENSITY DU/AC Regional Commercial 33.0 1.8% 2.4 0.1% 1.7 0.1% 20.5 1.1% 5.5 0.3% Area - F 9.5 0.5% 7.3 0.4% 5.7 0.3% Area - J 8.4 0.5% 29.9 4.0 0.2% PROJECT TOTAL 1789.9 100% Mixed Use Area -M Village Center Cultural/Recreational Ice Skating/Events Center Village Residential Village Residential Village Residential School Neighborhood Center Regional Commercial Regional Commercial 47.7 2.7% Subtotal 178.8 9.9% Area A Area B Area - C Area - D Area - E Area- G Area - I Area - K Area - L ACRES % OF SITE 1.7% Regional Commercial Area - H Neighborhood Center 3.2 0.2%15 du/ac 2021 22 23 24 27 28 25 26 17 19 29 30 16 35 18 32 37 34 33 36 39 38 42 4440 41 43 31 15 45 46 48 47 49 51 50 52 53 54 55 14 13 6 7 89 10 11 12 56 57 59 58 61 63 64 62 69 73 74 72 71 70 68 67 66 65 60 78 83 82 84 85 75 81 80 79 77 76 86 87 88 89 90 91 92 93 94 95 96 53 F A B C D J K M N RMF-1 RMF-2 RMF-3 OS-1 OS-4 OS-5 OS-7 OS-8 OS-9 OS-10 A A A EE E E P-1 P-2 P-3 OS-6 2.7 ac 101.9 ac 43.6 ac 215.5 ac 16.3 ac 1.6 ac 20.5 ac 24.2 ac 145.2 ac .5 ac 5.4 ac PedestrianBridge Lot 1 2.7 ac 1.4 ac 2.5 ac K OS-2 J OS-11 H L P-6 OS-3 G E I Prepared for: EMD LIMITED LIABILITY COMPANY and TRAER CREEK LLC Prepared by: PJA Land Planning ADMINISTRATIVE APPROVAL This Amendment to The Village (at Avon) P.U.D. Development Plan/Sketch dated October 9, 1998 (the Original Plan) (i) is approved as an Administrative Amendment in accordance with The Village (at Avon) PUD Guide, Section H.3(e),this day of May 2001, for filing with the Clerk and Recorder of the County of Eagle, and (ii) amends and replaces the Original Plan in its entirety as shown hereon. Notary Public STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of May 2001 by Ruth O. Borne, Assistant Director of Community Development, Town of Avon, Eagle County, Colorado. Witness my hand and official seal. My commission expires: TOWN OF AVON DEPARTMENT OF COMMUNITY DEVELOPMENT By: Designated Representative Ruth O. Borne, Assistant Director Community Development The foregoing instrument was acknowledged before me this day of May 2001, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company, and by Magnus Lindholm as President of LAVA Corporation, a Colorado corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 3. *Total residential and commercialdensity permitted within the entire P.U.D.shall be in accordance with THE VILLAGE(at Avon) P.U.D. Guide. NOTES: 1. Lot 1 is intended for use as homeownerfacilities and residential caretaker unit. Noadditional residential use shall be allowedon Lot 1. 2. There are no lots numbered 2,3,4 and 5on this plan. 4. Pursuant to Section 17.14.050 of theAvon Municipal Code: Approval of this plan constitutes a vestedproperty right, pursuant to Article 68 ofTitle 24, C.R.S., as amended. 5. This symbol [ ] indicates BuildingEnvelope Location. STATE OF COLORADO ) ) ss: COUNTY OF _________) THE VILLAGE ( at Avon) May _______, 2001 PUD DEVELOPMENT PLAN ADMINISTRATIVE ADMENDMENT NO. 1 CERTIFICATE OF LANDOWNER REQUEST Know all men by these presents that TRAER CREEK LLC and EMD LIMITED LIABILITY COMPANY, Colorado limited liability companies, do hereby request an administrative approval of PUD Development Plan Administrative Amendment No. 1. OWNER: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By: LAVA CORPORATION, a Colorado corporation, as Manager By: _________________________ Name: Magnus Lindholm Title: President OWNER: TRAER CREEK LLC, a Colorado limited liability company By: __________________________ Name: Magnus Lindholm Title: Manager 400 0 200 400 800 (IN FEET) NORTH ATT C - Original VAA PUD (1998) TOWN OF AVON COMMUNITY PROFILE: 2023 Source: American Community Survey, ACS 5-Year Estimates, 2023 Demographics • Population: 6,057 • % Change Since 2020: -10.1% • Male to Female Ratio: 1.15 to 1 Age Distribution Background Languages Spoken 0-14 Years: 15.2% 15-24 Years: 9.4% 25-44 Years: 37.2% 45-59 Years: 27.8% 60-75 Years: 8.3% 75 and Older: 2.1% •12% of population moved to Avon from outside the county •19.4% of population born outside the US •28.6% of population speaks a language other than English •19.2% of population speaks Spanish Income • Avg Individual Income: $85,364 •~1/3 of population has income <$50,000 • Renter vs Own Ratio: 1.17 to 1 • % of renters living with non-family: 61.2% Households ATT D - Avon Community Profile 2023 The census shows us who we are and the direction we are going. It helps our communities determine where to build everything from schools, parks, homes and hospitals, by providing data for effective and proactive decision-making. Comparing census data from varying moments in time helps identify trends that may have relevance to proposals, projects, and plans. Town of Avon examined census data starting in 2010, that show several, potential trends ▪Trend One: Avon’s Population Is Aging ◦Since at least 2010, Avon has seen its three youngest age groups represent a smaller portion of the population every five years. Individuals forty-five years and older represent a larger portion of the population in the same timeframe. ▪Trend Two: Renters Continue to Use More of Their Income on Housing ◦Since 2010, the portion of Avon renters who spend more than 30% of their income on housing costs has grown almost 50%. ◦In the same timeframe, the portion for mortgage-holders in the same category has dropped more than 50% TOWN OF AVON 2023 TRENDS REPORT ▪Trend Three: Avon Residents Forgo Vehicle Ownership More Than the County or State as a Whole ◦Avon residents are less likely to own a vehicle when compared to the larger County and State populations, now and in the past. Since 2010, the percentage of Avon’s households that do not have access to a private vehicle represent a larger portion of the population when compared to Eagle County or the State of Colorado’s populations. TRENDS ANALYSIS Relevant, accurate data, including a trends report, empower community members and decision-makers to evaluate plans and projects’ abilities to meet goals and improve livelihoods. Thousands of trends, valid or debateable, could emerge from census data reporting over time. Relative to park planning in Avon, Trend One might give guidance about the user groups for which the space is designed. Trend Two should initiate questions about access and use of the park, and what type of activities the park should support. Trend Three raises questions about who can get to the park and how , leading to questions about mobility, access, and even the opportunities to certain individuals to engage in the planning process. TOWN OF AVON 2023 TRENDS REPORT CONT. ATT E - Trends Report TOWN OF AVON TRENDS REPORT: 2023 0% 10% 20% 30% 40% 50% 0-14 Years 15-24 Years 25-44 Years 45-64 Years 65-74 Years 75 and Older Town of Avon Total Population Age Distribution by Year 2010 2015 2020 2023 Source: American Community Survey, ACS 5-Year Estimates Source: American Community Survey, ACS 5-Year Estimates ATT E - Trends Report TOWN OF AVON TRENDS REPORT: 2023 0% 20% 40% 60% 80% 2010 2015 2020 2023 Percent of Group Spending >30% of Annual Income on Housing Costs by Year Mortgage-holders Renters Source: American Community Survey, ACS 5-Year Estimates ATT E - Trends Report TOWN OF AVON TRENDS REPORT: 2023 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 2010 2015 2020 2023 Percentage of Households with No Personal Vehicle Avon Eagle County Colorado Source: American Community Survey, ACS 5-Year Estimates ATT E - Trends Report ATT F - Example of Survey Results Summary ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT G - P3 Photos Combined [Type here] ATT G - P3 Photos Combined ATT G - P3 Photos Combined ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT H - PAB / P1 Photos and PAB Plat ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos ATT 1 - P2 Photos _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY APRIL 21, 2025 PUBLIC MEETING BEGINS AT 5:30 PM PUBLIC MEETING: 5:30 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:30PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS CARLY HANSEN, BRAD CHRISTIANSON, OLIVIA COOK, NANCY TASHMAN AND BRIAN SIPES WERE PRESENT. COMMISSIONER NICOLE MURAD AND TOWN ATTORNEY NINA WILLIAMS ATTENDED VIA ZOOM. COMMISSIONER ANTHONY SEKINGER WAS ABSENT. ALSO PRESENT WERE PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AICP, AND DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 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 PLANNING AND ZONING COMMISSION APPROVAL. THERE WERE NO PUBLIC COMMENTS. 5. PUBLIC HEARING 5.1. MJR25002 EXTERIOR REMODEL AT 5743 WILDRIDGE RD – PLANNER II, MAX MORGAN COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE APPLICATION MJR25002 WITH THE PROPOSED CONDITIONS AS PRESENTED BY STAFF. COMMISSIONER TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0 5.2. REZ24002 KESTREL DEVELOPMENT SHORT TERM RENTAL OVERLAY – PLANNING MANAGER, JENA SKINNER COMMISSIONER CHRISTIANSON MADE A MOTION TO RECOMMEND APPROVAL OF THE APPLICATION REZ24002 AS PRESENTED BY STAFF. COMMISSIONER HANSEN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0 5.3. CTA24002 AVON MUNICIPAL CODE UPDATES - PLANNING MANAGER, JENA SKINNER COMMISSIONER SIPES MADE A MOTION TO CONTINUE THE HEARING FOR CTA24002 TO THE JUNE 9TH PLANNING AND ZONING COMMISSION MEETING. COMMISSIONER MURAD SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0 6. CONSENT AGENDA 6.1. MARCH 24, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. 6.2. RECORD OF DECISION – MJR24004 NEW RESIDENCE AT 2967 JUNE CREEK TRAIL ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 7. FUTURE MEETINGS 7.1. MAY 12, 2025 – NO BRAD CHRISTIANSON 7.2. JUNE 9, 2025 8. STAFF UPDATES 9. ADJOURN THE MEETING WAS ADJOURNED AT 7:34 PM THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.  RESPECTFULLY, EMILY BLOCK FINANCE COMMITTEE MEETING MONDAY, MAY 5, 2025 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, May 5th 2025 1 | 2 1. ROLL CALL Present in Person: Committee members John Widerman, Lisa Post, Steve Coyer and Councilors Kevin Hyatt and Lindsay Hardy. Present Virtually: Committee Member Clark Rogers, Town Manager Eric Heil Absent: Committee member Markian Fedeschuk. Staff: Deputy Town Manager Patty McKenny, Chief Financial Officer Paul Redmond, Finance Manager Joel McCracken, Financial Analyst Chase Simmons, Recreation Director Michael Labagh and Chief Administrative Officer Ineke de Jong as Secretary. The meeting was called to order by CFO Paul Redmond at 12:05 p.m. 2. APPROVAL OF MARCH 3RD, 2025 MINUTES Committee member Lisa Post moved to approve the minutes. Committee member John Widerman seconded that motion and it passed 4 to 0 with the 4 voting committee members present. 3. PUBLIC COMMENT There was no public comment. 4. WORK SESSION: RECREATION CENTER REFRESH (MICHAEL LABAGH, RECREATION DIRECTOR) Recreation Director Michael Labagh took the Finance Committee through the Recreation Center presentation including the background of the rec center since opening its doors. He then jumped into the Facility Condition Assessment study / evaluation which evaluates all the components for maintenance & upkeep. And then showed an overview of the minimum refurbishment required including the roof, water slide, hot tub repairs, HVAC and plumbing, electrical infrastructure, pool pumps and a few other items. Then he took the group through a potential addition, showing the basic expansion option, and the financial considerations and significant operational impact of the closure needed for this renovation. Some questions & comments raised by the committee: 1) Is this expansion mainly to increase capacity? Just to keep up with a growing community? Will we attract more people? Will we add additional programs & offerings? 2) What is the breakdown of local versus visitors use of the rec center facility? 3) What is the facility’s useful life after renovations? How far forward will it push the facility’s capacity? 4) Should the rec center be relocated to the area near Walmart, planning area A where a park is planned? And then we could repurpose the current building for something that needs to be in close proximity to the park. 5) Would admission prices be raised to balance supply & demand? 6) Would a reservation system return to manage capacity better? 7) Would a parking structure be included in the expansion plans? Parking is so expensive and perhaps habits should change to “walk or bike to your workout”. 8) The estimated cost of $7.7Mln does not seem accurate and reviewing and getting a more accurate number to present would be helpful for everyone. 9) Could there be a cost benefit to doing 3 levels in the addition, do a cost analysis of going down FINANCE COMMITTEE MEETING MONDAY, MAY 5, 2025 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, May 5th 2025 2 | 2 half a level and then adding 2 levels on top. 10) If we shut down the pool for 3 months then we should probably go ahead and do all the required pool maintenance for the next 10-20 years? 11) Expect low voter appetite for mill levy to pay for this expansion. Steve Coyer left the meeting at 12:37 p.m. As this was a work session, no motion was made. Eric Heil left the meeting at 1:03 p.m. 5. PRESENTATION: 1ST QUARTER GENERAL FUND R EVIEW (CFO PAUL REDMOND) Chief Financial Officer Paul Redmond presented the 2024 financial update. We ended the year with a surplus, even after moving out $2,600,000 dollars to fund the public works garage. The finance team has started quarterly meetings with each division/department to see how they are tracking on the 2025 budget. It has been well received and all departments are right on track with their 2025 budget. As this was a presentation, no motion was made. 6. WORK SESSION: 2026 BUDGET PROCESS TIMELINE (CFO PAUL REDMOND) Chief Financial Officer Paul Redmond explained that staff will be starting the 2026 budget process soon. We kick off with department presentations to Council between now and July. Then next steps are review of the Town’s health plan and staffing projections for the next 3-5 years. Finance is assessing what projects would potentially build out and what growth is expected and the impacts they will have on community needs for staffing levels. In the summer staff will review capital projects and a deep-dive budget review with each division/department. As this was a work session, no motion was made. FINANCE COMMITTEE MEETING MONDAY, MAY 5, 2025 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, May 5th 2025 3 | 2 7. NEXT COMMITTEE MEETING DATE Monday, July 7th at 12:00 p.m. 8. ADJOURNMENT Committee Chair John Widerman moved to adjourn the meeting. Committee member Lisa Post seconded that motion and the meeting adjourned, the time was 01:20 p.m. Respectfully Submitted by: Ineke de Jong, Chief Administrative Officer. These minutes are action minutes and 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. 1st Quarter Community Housing Report pliermann@avon.org May 13, 2025 TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner RE: Community Housing Programs Update DATE: April 15, 2025 SUMMARY: This report provides the 1st Quarter 2025 update on each of the available buy-down programs and the overall deed restricted inventory for our Community Housing programs. No Council direction is being sought and this report is for informational purposes. BACKGROUND: Price Capped Deed Restricted inventory began in 1991 with Wildwood Townhomes and steadily increased throughout the late 1990’s and early 2000’s with Grandview, Lodge at Brookside, Chapel Square, and Sheraton Mt Vista. Resident Occupied units were added starting in 2012 through Community Housing inclusionary zoning at Gandorf Townhome, Riverfront, Frontgate, and Kestrel. Buy-down programs were introduced in 2020 to help local residents achieve homeownership by providing a monetary contribution towards their purchase in exchange for recording a deed restriction on the property, permanently preserving that home for a member of the local workforce in the future. The Mi Casa Avon buy-down provides a payment of up to 12% of the buyer’s purchase price in exchange for a Resident Occupied deed restriction in the Town of Avon. The Municipal Employee Home Ownership Program (“MEHOP”) offers Town of Avon employees a 30% payment in exchange for recording the MEHOP Price Capped deed restriction and is available in both Avon and EagleVail. This program is offered only to Town employees. Update. The Good Deeds Program by Eagle County Housing & Development Authority (“ECHDA”) offers both a Resident Occupied and Price Capped deed restriction on properties purchased anywhere in Eagle County. At the May 14, 2024 Town Council meeting, a pilot partnership program was presented to Council. The pilot program would: use the Good Deeds price capped deed restriction for purchases in the Town of Avon, buy-down contribution of 30% (15% from ECHDA and 15% from Avon), maximum purchase price of $850,000, program administration would be through ECDHA, and Town funds would come from the Mi Casa Avon fund. Council provided full support to partner with ECHDA with the understanding that the program’s maximum purchase price would likely increase to $1,200,000 to better match the increased average home price in Eagle County. On April 15, 2025, The Board of County Commissioners (“BoCC”) approved the Good Deeds Community Partnership Program, available to partner entities throughout Eagle County. The program also increased the maximum purchase price from $850,000 to $1,250,000 to better align with the increased average home price in Eagle County since the program’s initial inception. Avon’s Town Attorney is working directly with Eagle County’s Attorney to make modifications to the Good Deeds Community Partnership Program deed restriction used in Avon. Funds will come from the existing Mi Casa Avon program. Community Housing Program Update 1/3/2025 Page 2 of 6 REVIEW OF PROGRAM PERFORMANCE: RESIDENT OCCUPIED AND PRICE CAPPED RESALE ACTIVITY (excludes Buy-Down inventory) 2025 Resale Leave of Absence Resident Occupied Units 0 0 Price Capped Units 0 0 MI CASA AVON Annual Funding and Total Contribution by Year: The 2025 Annual Budget is $1,060,328. There is 1 closing scheduled for June. Funds remaining to date: $986,528. Rollover Funds 2024 $ 460,328 Total Funds 2025 $ 600,000 Total Funds 2025 $ 1,060,328 100% Funds Awarded 2025 $ - 0% Funds pending transaction 2025 $ 73,800 7.0% Funds Remaining $ 986,528 93.0% Newly requested funds $ - 0.0% Total Funds Remaining $ 986,528 93.0% Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500 2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142 2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344 2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333 2024 8 $1,874,558 $ 664,220 $ 83,028 $ 695,938 2025 1 $1,060,328 $73,800 $73,800 $615,000 Total 49 $3,413,462 $ 69,877 $ 588,376 Community Housing Program Update 1/3/2025 Page 3 of 6 Mi Casa Avon Program Performance by Unit Type and Bedroom Count: Unit Type # Bedroom Count # Condo 37 Studio 1 Townhome 11 1 Bedroom 5 Duplex 1 2 Bedroom 33 Single Family Home 0 3 Bedroom 9 Other 0 4 Bedroom + 1 Total 49 Total Bedrooms 103 Mi Casa Avon Resales, Listings, Rentals, and Leave of Absence Tracking: 2021 2022 2023 2024 2025 Resales 0 1 1 1 0 Listings 0 0 2 0 0 Rentals 0 0 1 (LOA) 1 1 Leave of Absence 0 1 1 0 0 Financial Considerations: The initial funds of $650,000 were approved by Town Council in 2020 from the Avon Community Housing Fund. In 2021, Council approved $900,000 to continue the program. In 2022, Council approved funding in the amount of $1,200,000 which included a rollover balance from 2021 in the amount of $238,018. Total funds for 2023 were $1,583,558 including $378,158 in rollover funds from 2022. 2023 ended with three units and $199,200 in contributions spent. Town Council approved rollover funds of $1,274,558 plus an additional $600,000 for the 2024 Budget. Staff anticipates increased program participation with the ECHDA partnership, estimated to commence in 2025. 2020 2021 2022 2023 2024 2025 Unit Count 8 13 16 3 8 1 Total Contribuion $464,760 $847,222 $1,164,260 $199,200 $664,220 $73,800 Average Contribution $58,095 $65,171 $72,766 $66,400 $83,028 $73,800 $464,760 $847,222 $1,164,260 $199,200 $664,220 $73,800 $58,095 $65,171 $72,766 $66,400 $83,028 $73,800 0 200000 400000 600000 800000 1000000 1200000 1400000 Mi Casa Avon (Resident Occupied) Total Contribuion Average Contribution 8 13 16 3 8 1 Community Housing Program Update 1/3/2025 Page 4 of 6 MUNICIPAL EMPLOYEE HOME OWNERSHIP PROGRAM (“MEHOP”) Annual Funding and Total Contribution by Year: The 2025 Annual Budget is $1,000,000. There has been 1 closing of a 3 bedroom Townhome in Wildridge in the 1st Quarter of 2025. Rollover Funds 2025 $ 500,000 Total Funds 2025 $ 500,000 Total Funds 2025 $ 1,000,000 100% Funds Awarded 2025 $ 250,000 25% Funds pending transaction 2025 $ - 0.0% Funds Remaining $ 750,000 75.0% Newly requested funds $ - 0.0% Total Funds Remaining $ 750,000 75.0% Program Performance by Unit Type and Bedroom Count: Unit Type # Bedroom Count # Condo 0 Studio 0 Townhome 2 1 Bedroom 0 Duplex 0 2 Bedroom 0 Single Family Home 0 3 Bedroom 1 Other 0 4 Bedroom + 1 Total 2 Total Bedrooms 7 Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2024 1 $750,000 $ 250,000 $ 250,000 $ 849,000 2025 1 $1,000,000 $250,000 $250,000 $850,000 Total 2 $ 500,000 $ 250,000 $ 849,500 Community Housing Program Update 1/3/2025 Page 5 of 6 Mi Casa Avon Inventory Property NEIGHBORHOOD / SUBDIVISION Unit Type Square Ft Bedrooms Contract Price Price requested %$/Sq Ft 1 511 Metcalf Rd Unit J28 METCALF / BARRANCAS Condo 935 2 399,000$ 47,880$ 12.0%$427 2 2450 Saddle Ridge Loop Apt B WILDRIDGE Duplex 1987 4 645,000$ 75,000$ 11.6%$325 3 2140 Saddle Ridge Loop #5 WILDRIDGE / SADDLERIDGE AT AVON Townhouse 2027 3 630,000$ 75,000$ 11.9%$311 4 600 Nottingham Rd #17 NOTTINGHAM / BRISTOL PINES Townhouse 1337 3 480,000$ 57,600$ 12.0%$359 5 371 Nottingham Rd. Apt 2E NOTTINGHAM / SHERWOOD MEADOWS Condo 552 1 288,000$ 34,560$ 12.0%$522 6 175 Hurd Lane Unit 3309 HURD / AVON CROSSING Condo 840 2 431,000$ 51,720$ 12.0%$513 7 2492 Draw Spur Unit B WILDRIDGE / COYOTE CREEK TOWNHOMES Townhouse 2063 3 675,000$ 75,000$ 11.1%$327 8 988 W Beaver Creek Blvd Unit C102 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 400,000$ 48,000$ 12.0%$521 9 1061 W Beaver Creek Blvd Unit H304 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 430,000$ 51,600$ 12.0%$560 10 1050 W Beaver Ck Blvd Unit D103 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 370,000$ 44,400$ 12.0%$482 11 2465 Draw Spur Unit B WILDRIDGE / ELK RUN TOWNHOMES Townhome 1770 3 695,000$ 83,400$ 12.0%$393 12 211 W Beaver Creek Blvd Unit A5 ADJ. TOWN CORE / GREENBRIER Condo 1019 2 449,000$ 53,880$ 12.0%$441 13 511 Metcalf Rd J30 METCALF / BARRANCAS Condo 935 2 498,000$ 59,760$ 12.0%$533 14 211 Nottingham Rd #F NOTTINGHAM / BALAS TOWNHOUSE Condo 1647 2 645,000$ 77,400$ 12.0%$392 15 410 Nottingham Rd #E NOTTINGHAM / NIGHTSTAR Townhome 1228 2 744,000$ 88,560$ 12.0%$611 16 1066 W. Wildwood Road, Unit D WILDWOOD / 1066 WILDWOOD TOWNHOMES Townhome 806 1 515,000$ 61,800$ 12.0%$639 17 2458 Draw Spur, Unit 4 WILDRIDGE / MOUNTAIN VIEW TOWNHOMES Townhome 1176 3 616,100$ 73,932$ 12.0%$524 18 1082 W Wildwood Rd #B WILDWOOD / WILDCAT RIDGE TOWNHOMES Townhome 2025 3 880,000$ 100,000$ 11.4%$435 19 491 Metcalf Road, D12 METCALF / BARRANCAS Condo 935 2 480,000$ 57,600$ 12.0%$548 20 1061 W Beaver Creek Blvd Unit G303 WEST BEAVER CREEK BLVD / SUNRIDGE Condo 768 2 420,750$ 50,490$ 12.0%$513 21 414 W Beaver Creek Blvd Unit B20 NOTTINGHAM LAKE / BEAVER BENCH Studio 464 0 370,000$ 44,400$ 12.0%$797 22 1061 W Beaver Creek Blvd Unit Q203 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 500,000$ 60,000$ 12.0%$651 23 998 W Beaver Creek Blvd Unit D112 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 540,000$ 64,800$ 12.0%$703 24 1061 W Beaver Creek Blvd Unit M303 WEST BEAVER CREEK BLVD / LIFTVIEW Condo 768 2 522,000$ 62,640$ 12.0%$680 25 371 Nottingham Rd 4E NOTTINGHAM / SHERWOOD MEADOWS Condo 552 1 390,000$ 46,800$ 12.0%$707 26 2311 Old Trail Rd Unit A WILDRIDGE / ORCHARD Townhouse 1468 3 995,000$ -$ 0.0%$647 27 511 Metcalf Rd Unit M37 METCALF / BARRANCAS Condo 925 2 520,000$ 62,400$ 12.0%$562 28 491 Metcalf Rd B6 METCALF / BARRANCAS Condo 935 2 610,000$ 73,200$ 12.0%$651 29 988 W Beaver Creek Blvd Unit C205 WEST BEAVER CREEK / LIFTVIEW Condo 768 2 600,000$ 72,000$ 12.0%$781 30 511 Metcalf Rd I26 METCALF / BARRANCAS Condo 935 2 625,000$ 75,000$ 12.0%$669 31 3000 Wildridge Rd, Unit A2 WILDRIDGE / SUNCREST Townhome 1824 3 750,000$ 90,000$ 12.0%$411 32 175 Hurd Ln, Unit 3101 HURD / AVON CROSSING Condo 866 2 700,000$ 84,000$ 12.0%$808 33 2424 Draw Spur #3 WILDRIDGE / DRAW SPUR TOWNHOMES Townhome 1380 3 860,000$ 100,000$ 11.6%$623 34 410 Nottingham Rd., Unit A NOTTINGHAM / NIGHTSTAR Condo 1228 2 730,000$ 87,600$ 12.0%$595 35 871 W Beaver Creek Blvd, A18 WEST BEAVER CREEK / BENCHMARK Condo 503 1 363,500$ 43,620$ 12.0%$723 36 1050 W Beaver Creek Blvd, B204 WEST BEAVER CREEK / SUNRIDGE Condo 780 2 615,000$ 73,800$ 12.0%$789 37 511 Metcalf Rd, Unit H23 METCALF / BARRANCAS Condo 935 2 570,000$ 68,400$ 12.0%$610 38 331 Nottingham Rd 2A NOTTINGHAM / SONNEN HALDE Condo 915 2 430,000$ 48,000$ 11.2%$470 39 1050 W Beaver Creek Blvd, B101 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 575,000$ 69,000$ 12.0%$749 40 1050 W Beaver Creek Blvd C102 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 685,000$ 82,200$ 12.0%$892 41 971 W Beaver Creek Blvd C4 WEST BEAVER CREEK / BRIDGEWATER TERR Condo 853 2 850,000$ 100,000$ 11.8%$996 42 215 W Beaver Creek Blvd B16 ADJ. TOWN CORE / GREENBRIER Condo 861 2 630,000$ 75,600$ 12.0%$732 43 491 Metcalf Rd #E14 METCALF / BARRANCAS Condo 953 2 685,000$ 82,200$ 12.0%$719 44 371 Nottingham Rd 2B NOTTINGHAM / SHERWOOD MEADOWS Condo 1056 2 849,000$ 100,000$ 11.8%$803 45 1061 W Beaver Creek Blvd N203 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 699,000$ 83,880$ 12.0%$910 46 511 Metcalf M39 METCALF / BARRANCAS Condo 935 2 695,000$ 83,400$ 12.0%$743 47 211 Nottingham Rd #H NOTTINGHAM / BALAS TOWNHOUSE Condo 764 1 544,500$ 65,340$ 12.0%$712 48 1061 W Beaver Creek Blvd P302 WEST BEAVER CREEK / SUNRIDGE Condo 768 2 615,000$ 73,800$ 12.0%$801 49 998 W Beaver Creek Blvd E207 WEST BEAVER CREEK / LIFTVIEW Condo 768 2 615,000$ 73,800$ 12.0%$80120 2 5 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 Community Housing Program Update 1/3/2025 Page 6 of 6 MEHOP Avon & EagleVail Inventory Thank you, Patti Liermann Property NEIGHBORHOOD / SUBDIVISION Unit Type Square Ft Bedrooms Contract Price Price requested %$/Sq Ft 20 2 4 1 2530 Old Trail Unit A WILDRIDGE Townhome 1709 4 849,000$ 250,000$ 29.4%$497 2 2355 Old Trail Rd Unit 5 WILDRIDGE Townhome 1541 3 850,000$ 250,000$ 29% $552 20 2 5