25.04.14 DDA FINAL Website Packet_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
DOWNTOWN DEVELOPMENT AUTHORITY MEETING AGENDA
Monday, April 14, 2025
MEETING BEGINS AT 3:00 PM
DOWNTOWN DEVELOPMENT AUTHORITY PUBLIC MEETING BEGINS AT 3:00 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 Board approval.
5. NEW BUSINESS
5.1. Work Session: Overview of Avon’s Community Housing Efforts (Community Development
Director Matt Pielsticker)
5.2. Work Session: Review of Draft RFP for Sun Road Conceptual Design Services (Community
Development Director Matt Pielsticker)
5.3. Action Item: Approval of Early Childhood Education Funding Agreement (Chief Finance Officer
Paul Redmond)
6. MINUTES
6.1. Approval of February 3, 2025 Downtown Development Authority Meeting Minutes (Chief
Administrative Officer Ineke de Jong)
7. ADJOURN
Public Comments: Avon DDA agendas shall include a general item labeled “Public Comment” near the
beginning of all Board meetings. Members of the public who wish to provide comments to the Board 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 Board in advance of the Board meeting. The Chairperson
shall permit public comments for any action item or work session item and may permit public comment for
any other agenda item, and may limit such public comment to three minutes per individual, which limitation
may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon
Downtown Development Authority Simplified Rules of Order
970.748.4413 matt@avon.org
TO: Chairperson Tony Emrick and DDA Board Members FROM: Eric Heil, Town Manager
Matt Pielsticker, Community Development Director
RE: Update on Community Housing
DATE: February 7, 2025
SUMMARY: This report provides a quick update on Community Housing. Council has designated
Community Housing as the top priority for the last several years. Community Housing is also referred to as
workforce housing, affordable housing and attainable housing. Avon’s use of the phrase “Community
Housing” is intended to recognize the importance of housing to the community as well as the diverse range
of household incomes from lower incomes to relatively high incomes that require housing assistance.
No DDA action is requested at this time. This report is for information purposes only. Council approved a
2025 Department Goals which includes a specific list of Community Housing goals for 2025.
OVERVIEW: The development and acquisition of Community Housing involves a complete program with
the following elements:
(1)Staffing
(2)Planning
(3)Regulations
(4)Funding(5)Development
(6)Programs
STAFFING: Avon created a dedicated Housing Planner position in October 2023. Additionally, the
Planning Manager, Community Development Director, Town Manager and Chief Financial Officer regularly
work on various aspects of Avon’s Community Housing efforts.
PLANNING: Avon has been very active with planning efforts related to Community Housing, including
legislative efforts.
2018 - Avon Community Housing Plan: Avon adopted its first version of the Avon Community
Housing Plan in 2018, which was updated in 2021. The Avon Community Housing Plan is scheduled
to be updated in 2025.
2021 - Colorado Association of Ski Towns (“CAST”) Housing Task Force: The Town Manager
and Housing Planner have actively participated in the CAST Housing Task Force since its inception in
2021. This effort included a very involved collaboration to respond to Senate Bill 213 in 2023 which
proposed a series of land use mandates which would have pre-empted local government control.
2022 - Regional Land Inventory: Avon organized and successfully obtained grant funding to conduct
a regional land inventory. Eagle County and the Town of Vail contributed local matching funds for the
grant award. This project was completed in 2022.
2024 - Regional Housing Needs Assessment Update: Avon organized and successfully obtained
grant funding to update the 2018 Eagle County Regional Housing Needs Assessment. Eagle County
Page 2 of 4
and the Town of Vail contributed local matching funds for the grant award. The final report is expected
to be available in March, 2025.
2019-2024: Water Rights Evaluation. Town Manager Eric Heil and Mayor/Council member Tamra N.
Underwood worked with Avon’s water rights attorney and the Upper Eagle River Water Authority to
evaluate the availability of water to serve future Community Housing projects. This information is
incorporated into the Conceptual Housing Plan attached to this report.
2025 – Multi-Jurisdictional Housing Authority Planning: Avon organized and successfully obtained
grant funding to conduct a regional planning process to explore the formation of a Multi-Jurisdictional
Housing Authority. Eagle County contributed local matching funds for the grant award. This project is
expected to start in spring of 2025 and run through early 2027.
REGULATIONS: A variety of regulations related to Community Housing were adopted over the last six
years, including:
2019 – Tax and Fee Waivers
2019 & 2024 – Updates to Primary Residence Exemption for Real Estate Transfer Tax
2019 – Revised Light Industrial Zone District to Allow Community Housing
2019 – Updated Employee Housing Mitigation from 10% to 20%
2022 – Updated Short Term Rental Overlay Zone District
2024 – Adopted Community Housing Zone Districts and Priority Scheduling for Community
Housing Projects
Staff is currently researching inclusionary zoning for Community Housing in the Town Core and hopes to
introduce proposed code amendments in 2025.
FUNDING: Avon has adopted a number of dedicated funding sources for Community Housing since 2019
which is cumulatively estimated to generate over $2 Million in 2025. These dedicated funding sources
include:
2020 – 10% Real Estate Transfer Tax to Community Housing (estimated $500K per year)
2021 – 2% Short Term Rental Tax (estimated $1 Million per year)
2023 – 50% Avon Downtown Development Authority (estimated $200K in 2025)
2024 – 4% Use Tax (estimated $600K in 2025)
PROJECTS: Avon is pursuing a variety of potential new Community Housing construction projects. The
status of these projects is briefly described as follows:
(1)Avondale Apartments: Requires amendment to Village (at Avon) PUD. Staff is working with
Traer Creek LLC to finalize application and begin PUD Amendment process.
Page 3 of 4
(2)Pre-School Housing: Requires amendment to Village (at Avon) PUD. Staff is working with Traer
Creek LLC to finalize application and begin PUD Amendment process.
(3)Lot 8 Housing: Same as (2) Pre-School Housing.
(4)Hidden Valley Estates: Site construction has commenced and building permits for first four units
was recently submitted. Updates to the Public Improvements Agreement and Development
Agreement will be required in the near future.
(5)East Avon Preserve: Council approved first reading of rezoning. Construction of a new water
tank is required to provide water service. Staff is coordinating with Traer Creek LLC and the Upper
Eagle Regional Water Authority to execute a cost sharing agreement for design of a new water
storage tank.
(6)Lot 16, Benchmark: No action is being taken on this property at this time.
(7)Slopeside: Staff conducted a Request for Proposal process and selected Ulysses Development.
Staff is currently negotiating a Conceptual Design agreement to present to Council in the near
future.
(8)Nottingham Road – Pavilich Property: Staff is currently working with this property owner to
prepare a Conceptual Planning scope of work and cost sharing agreement to present to Council in
the near future.
(9)Nottingham Road TBD: Staff as contacted the property owner of vacant land on Nottingham
Road near the intersection with Metcalf Rd, who indicated they may be interested in exploring a
project with the Town of Avon at some undefined future date.
(10) Wildwood Annex: Staff received a rough cost estimate of $1 million to extend water and sewer to
this Town property. Staff is soliciting some preliminary conceptual design work to determine the
number of potential units that could be constructed in order to better understand economic
feasibility of developing this property for Town of Avon employee housing.
(11)Village (at Avon) Future Housing: The obligation to provide additional housing is triggered when
the development entitlements are almost full developed, which is expected to be many decades in
the future.
(12)Village (at Avon) Direct Acquisition: There are no active discussions with Traer Creek LLC on
direct acquisition of property planned for residential development at this time.
(13) Village (at Avon) Planning Area I: Same as (11) above.
(14) Sun Road-East Town Center Redevelopment: Council is in the process of adopting a Sun Road
Redevelopment Plan. Staff has submitted a grant application for conceptual planning work for a
potential high-density, mixed-use development that incorporates substantial Community Housing
residential units.
Outside Avon Town Boundaries:
Page 4 of 4
(A)State Land Board: Avon is currently in negotiation with the State Land Board on development of
Phase I.
(B)Eagle-Vail Commercial Redevelopment: A draft 3-Mile Plan which would identify the Eagle-Vail
Commercial area as potentially eligible for annexation and redevelopment into higher density
mixed-use projects with Community Housing will be presented to Council in the next several
months.
(C)Elk/Bear/Wolf Lots: Staff met with representatives of Beaver Creek Resort Company who
indicated that they are not interested in considering Community Housing development on these
parking lots at this time.
PROGRAMS: Avon has adopted several housing deed restriction programs, including:
Mi Casa Avon: This owner deed restriction purchase program was initially successful when adopted in
2022, but has decreased in number of transactions to date.
Good Deeds Partnership: Council approved a partnership program with Eagle County whereby Town
of Avon would contribute 15% matching funds to Eagle County for the Eagle County Good Deeds
program (30% total downpayment assistance with a price capped deed restriction).
Update to Avon Community Housing Policies: Staff is working on revisions and updates to the
Avon Community Housing Policies along with updated deed restriction forms.
Public-Public Partnerships, Employer Partnerships: Staff is researching potential partnership
programs to work with other public entities and local employers to provide matching downpayment
assistance with price capped deed restrictions.
CONCLUSION: Avon Council and Staff have been very active and diligent in pursuing all potential
Community Housing projects. The development of new Community Housing is very complicated and
expensive and time-consuming. However, the Town of Avon has made significant advancements over the
last 5 years and has established the foundation and increased our capacity to deliver much more
Community Housing over the next 20 years.
Thank you, Eric & Matt
ATTACHMENT A: Avon Community Housing Projects
CONCEPT 20 YEAR PLAN - DRAFT January 19, 2023
Updated Feb 7, 2025
#NAME PROJECT ADDRESS UNITS WATER SUPPLY EST.
TIMEFRAME
1 Avondale Apartments 375 Yoder Ave 40 TOA Unassigned SFEs 2024-2026
2 Pre-Schol Housing Village (at Avon)
Planning Area E 4468 E. Beaver Creek Blvd.16 Traer Creek Water Bank 2024-2026
3 Village (at Avon) Lot 8 4468 E. Beaver Creek Blvd.16 Traer Creek Water Bank 2024-2026
4 Hidden Valley Estates (aka Tract Y)382 Metcalf Road 53 TOA Unassigned SFEs 2024-2026
5 East Avon Preserve Wagon Trail Road 120 Eagle County Affordable
Housing Water Dedication 2027-2030
6 Lot 16, Benchmark Plat West Beaver Creek Blvd 10 Eagle County Affordable
Housing Water Dedication
7 Slope Side (Swift Gulch Road - 3.5 acres)TBD 80 Eagle County Affordable
Housing Water Dedication 2025-2027
8 Nottingham Road (1 acre)Nottingham Road 65 Eagle County Affordable
Housing Water Dedication 2025-2027
9 Nottingham Road Nottingham Road TBD tbd
10 Wildwood Annex Wildwood Rd 8 Eagle County Affordable
Housing Water Dedication 2024-2026
Avon Community Housing Projects
ATTACHMENT A: Concept Housing Plan
#NAME PROJECT ADDRESS UNITS WATER SUPPLY EST.
TIMEFRAME
11 Village (at Avon): Future Affordable Housing PUD Requirement 224 Traer Creek Water Bank 2027-2039
12 Village (at Avon): PA-A, C, D Negotiated Acquisition 200 Traer Creek Water Bank 2025-2039
13 Village (at Avon): PA-I Negotiated Acquisition 260 Traer Creek Water Bank 2026-2039
14 Redevelopment of Sun Road & East Avon
(1,000 est residential)Nottingham Road 500 TOA Existing SFE Guarantee 2023-2043
TOTAL 1592
Outside Avon - Within 3-Mile Plan Area
#NAME PROJECT ADDRESS UNITS/SFE
DEMAND SFE SUPPLY EST. TIMEFRAME
A State Land Board TBD 700 Eagle County Affordable
Housing Water Dedication 2025-2036
B Eagle-Vail Commercial Redevelopment TBD 300 Eagle County Affordable
Housing Water Dedication 2026-2046
C Elk/Bear/Wolf Lot Redevelopment HWY 6 TBD Eagle County Affordable
Housing Water Dedication TBD
TOTAL 1000
Page 2 of 2
ATTACHMENT A: Concept Housing Plan
970.748.4413 matt@avon.org
TO: Chairperson Tony Emrick and DDA Board Members FROM: Matt Pielsticker, Community Development Director
RE: Sun Road Redevelopment RFP/RFQ Review
DATE: April 9, 2025
SUMMARY: At the April 14, 2025 Downtown Development Authority (“DDA”) meeting, the next steps of the
Sun Road Redevelopment Planning will be reviewed. Specifically, a series of Request for Proposals (“RFP”)
and a Request for Qualifications (“RFQ”) drafts will be reviewed. The purpose of putting this on your agenda
is because Staff is seeking input from the DDA on the drafts that have been developed prior to going live
with solicitations.
BACKGROUND: The DDA took an active role in the development and eventual approval of the SUN
ROAD Redevelopment Plan. Avon Town Council formally adopted this long-range plan document at their
February 25, 2025 meeting. The Town of Avon is the recipient of a grant (effective March 5, 2025) from the
Department of Local Affairs (“DOLA”) for a $200,000 grant to perform conceptual design and fiscal analysis
of a Sun Road redevelopment. The Town has pledged $24,000 in matching funds.
REQUESTS FOR SERVICES: Professional services are now being sought to assist with determining
transit needs, preferred phasing and conceptual design plans, and fiscal analysis. Attached to this report
are three solicitations for review by DDA members.
Transit Capacity and Facility Planning [ATTACHMENT A]: During the Sun Road Redevelopment
plan formulation, the concept for a relocated (partial or entire) transit center was discussed as an
option. This study will project 25+ year growth for transit in Avon’s existing transit hub, and determine
if all or portions make sense for Sun Road. This effort will lead the conceptual design phase since
mobility requirements will greatly affect access and master-planned site attributes.
Conceptual Design [ATTACHMENT B]: Seeking a design team that is versed in mountain, multi-use,
complicated projects that include phased elements. This will likely involve an architecture firm that
has experience combining transit-oriented development in a mountain community. The DDA and PZC
will be involved early and often in the process, which will likely begin with a design charette involving
property owners and interested stakeholders. Final conceptual plans will be vetted with a fiscal
analysis.
Fiscal Analysis [ATTACHMENT C]: Once conceptual design plans are finalized with a general level
of acceptance from DDA and the Avon Town Council, a detailed financial analysis will be performed.
This RFP will go out during the design phase. The selected consultant will develop a cost analysis,
perform a range of revenue projections, create a financial model, risk analysis, feasibility analysis, and
recommendations for potential funding sources.
NEXT STEPS: Provide feedback on the attached documents at your meeting. Next, staff will move forward
expeditiously with the RFP/RFQs and obtain proposals. We ask that at least two representatives from the
DDA be appointed to a selection committee to assist Town staff with the selection process.
Thank you, Matt
ATTACHMENTS: ATTACHMENT A: Transit Planning RFP
ATTACHMENT B: Conceptual Design RFQ
ATTACHMENT C: Fiscal Analysis RFP
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 1 OF 10
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
TOWN OF AVON
100 Mikaela Way
PO BOX 975
AVON, COLORADO 81620
PURPOSE OF THIS REQUEST FOR PROPOSALS (RFP)
The Town of Avon (“Town”) is seeking a professional transportation consulting firm to participate in the analysis of
Avon’s primary transportation hub.
PROJECT SUMMARY
Avon Station is the Town’s main transportation hub. In the Town core, this hub is serviced by Avon Transit, the
county regional bus service CORE Transit, the statewide bus service Bustang/Pegasus as well as shuttles operated
by local hotels and condominium complexes. In the last few years ridership and the number of buses in Avon’s core
has risen dramatically. Avon Station is at or near its feasible bus capacity. This hub needs to be expanded or moved
to accommodate future growth.
The Avon Station location is not large and hemmed in between railroad tracks and hotels with little room for
expansion. Space just to the east near possibilities plaza may offer some room to grow. The Sun Road
redevelopment may offer opportunities to move the hub to that location.
PROJECT APPROACH
Scope of Services for Transportation Consultant
The following is an outline of services and deliverables anticipated for these plans.
This initiative aims to develop a strong foundation for future transportation improvements as the Town grows and
demand increases. The plan is expected to meet the following objectives:
1. Provide comprehensive details and data on existing transit traffic in Avon, particularly at Avon Station.
Including all Avon Transit, Core Transit, regional carriers Bustang/Pegasus and small independent shuttles.
2. Project future transit traffic growth for all carriers over the next 30 plus years.
3. Analyze and consider ridership origin and destination trends now and in the future.
4. Provide a physical analysis of Avon Station and Possibility Plaza to maximize bus capacity for future growth.
Attachment A
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 2 OF 10
5. Provide basic concept design and layout options for a new transit center at the Sun Road redevelopment.
Include options for amenities within the transit center, such as a lobby, restrooms and café.
6. Lay the foundation of longer-term enhancements of Avon’s core areas to address the region’s transportation
needs well into the future.
In summary the culmination of this project should paint a picture of the Town of Avon’s current and future
transportation hub status. It should include financial and resource analysis, sustainable service and capital
improvement options, policy recommendations and clearly identify growth opportunities. It should include a long-term
vision of Avon and Eagle Counties transportation needs. Monies for this project include federal transit funds and all
federal regulations must be followed.
The following is a general outline of key tasks the consultant team is expected to perform to complete the project
successfully.
1. Kickoff Meeting:
a. Workplan and milestones should be discussed to develop a project schedule.
b. The studies goals, objectives and expectations should be discussed.
c. Identify and collect written documents and any previous studies available. Identify gaps in data
and any resources or methods to collect additional information.
d. Identify other studies that are relevant to the project.
e. Identify and request any other data relevant to the project.
2. Analysis of Current Conditions and Determination of Need: Complete a broad-based assessment of
operations. Include finance, market analysis, traffic patterns, project density and service standards. This
will form the basis for which all recommendations and analysis will be based.
3. Develop Alternatives: Options should be presented along with rationale for each. Meeting mobility needs
most effectively and efficiently should be considered. Potential alternatives should be identified as short-,
medium- or long-term recommendations and should be communicated accordingly. Any financial and
capital considerations must be linked to each alternative. How Avon Transit, Core Transit and statewide
services link and interact should be considered. This includes opportunities for resource sharing and
increased coordination between the agencies.
4. Performance Measurements: The team must work with staff and stakeholders to establish targets and
reporting methods for measuring the plan’s success.
5. Prepare and Present Final Plan: The Plan must include a detailed financial, capital and infrastructure plan
as well an implementation playbook. Present a detailed and comprehensive cost benefit analysis of each
alternative considered.
Note: All deliverables must be designed and provided to the Town so that Town Staff will own and can edit all
materials following the conclusion of the sub-area planning process. Deliverables should be provided in Adobe Suite
and Microsoft Office Suite, whenever possible
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 3 OF 10
PROPOSAL SUBMITTAL REQUIREMENTS
General Format: Proposals should provide straightforward and concise information. Emphasis should be placed on
brevity, conformity to the Core Team’s instructions, selection criteria of this RFP, and completeness and clarity of
content. Examples of past transportation studies (portfolio) via link or attachment is acceptable.
Submittal Address: The Submittal shall be submitted in electronic format only, to
https://www.bidnetdirect.com/colorado/townofavon.
RFP SUBMITTAL SHALL INCLUDE:
PART 1: Project Plan
Provide a Project Plan for performing all activities described in this RFP. The intent is to demonstrate the firm’s
clear understanding of the purposes, services, scope and objectives of this project.
PART 2. Proposal Information & Signature
Complete the Attachment to this Request for Proposals: Qualification Information, including Signature.
SELECTION PROCESS
Prequalification Submittal Review: Each Proposal will be analyzed by a review committee established by the Town.
The committee will consider demonstrated experience of the firms with similar projects in mountain resort settings.
Proposals will be reviewed and evaluated by Town Staff.
Interviews: After reviewing proposals, the top two to three contractors will be invited for interviews.
Final Selection for Recommendation to Town Council: The review committee will select, for recommendation to the
Town Council, the Transportation Consultant based on demonstrated experience, the interview, the Proposal that, in
the Town’s view, represents the best value and any other criteria deemed material by the committee. Additional
information, including but not limited to references.
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 4 OF 10
ADMINSTRATION RULES
By virtue of submission of a Proposal, the Proposer agrees to be bound by the following rules with regards to this
RFP and said Submittal. Said rules shall in no way act to limit the right to negotiate additional or different terms if it
sees necessary.
• Town reserves the right to reject any and all Proposals, in whole or in part, as well as the right to issue similar
RFPs in the future. This RFP is in no way an agreement, obligation, or contract and in no way is the Town
responsible for the cost of preparing the proposal. For the selected firm, no reimbursement will be made by the
Town for any costs incurred by the proposer prior to the full execution of a contract and issuance of written
notice by the Town to commence project services.
• Town may modify the RFP by posting addendums on https://www.bidnetdirect.com/colorado/townofavon
and it is the responsibility of the Proposers to regularly check the website for addendums. A contractor must
notify the Project Managers in writing if they wish to withdraw or modify their submittal at any time prior to the
deadline for submitting. Submittals may not be modified after the Proposal due date and time listed in this RFP.
• The Town may conduct such investigations as they consider necessary to assist in the evaluation of any
proposal and to establish the responsibility, qualifications and financial ability of the respondents and award in
accordance with the proposal documents to the Town's satisfaction within the prescribed time. The Town may
consider, but not be limited to financial condition, prior experience, operating costs, maintenance requirements,
performance data, and guarantees of performance as part of its evaluation.
• Licenses Required/Compliance with Applicable Law. Successful proposers shall maintain all required licenses,
and be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws as
applicable to, and affected by, the project, including but not limited to Equal Employment Opportunity
Commission (EEOC), Title I and Title II of the Americans with Disabilities Act (ADA) regulations, the Colorado
Illegal Aliens-Public Contracts for Services legislation, and the Keep Jobs in Colorado Act of 2013.
• Execution of Contract. The successful proposer will be required to sign an agreement for preconstruction
services. If the Town is able to move forward with construction after obtaining sufficient funding, the Town and
the GC will enter into an agreement that is substantially similar to the AIA standard agreement with all
preconstruction services provisions deleted therefrom.
• Equal Opportunity. No proposer shall be excluded from consideration for award in conjunction with this
solicitation on the basis of race, color, creed, national origination, handicap or sex or be subjected to
discrimination under any contractual award administered by the Town.
• The apparent silence or any omission within this RFP regarding a detailed description of the materials or
services to be provided shall be interpreted to mean that only the best commercial practices are to prevail and
that only materials and workmanship of first quality are to be used.
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 5 OF 10
• Taxes. Proposers will not include Federal, State or applicable Local excise or sales taxes in bid prices, as the
Town are exempt from payment of such taxes. An exemption certificate will be provided where applicable upon
request.
• A proposal may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to
the Town upon any debt or contract or which has defaulted as surety or otherwise upon any obligation to either
the Town.
• Confidentiality. As a governmental entity, proposals submitted to the Town for consideration shall be subject to
the Colorado Open Records Act (the "Act"). Any confidential information in proposals shall be identified as such.
However, should the Town receive a request in accordance with the Act, the Town shall make a final
determination as to whether the information is releasable. Proposers will be notified before information is
released. Proposals submitted and terms and conditions specified in each proposer's response shall remain the
property of the Town. Neither cost information nor the total proposal will be considered confidential/proprietary.
• All employees of a proposer shall be considered to be, at all times, employees of the proposer under its sole
direction and not an employee or agent of the Town. The proposer shall supply competent and physically
capable employees in a number that is consistent with the RFP requirements. Where required, employees shall
be licensed and accredited. The Town may, in their sole discretion, require the proposer to remove an employee
it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on
the Town property is not in the best interest of the Town.
• The provisions in this RFP and any procurement or purchasing policies or procedures of the Town are solely for
the fiscal responsibility of the Town and confer no rights, duties, or entitlements to any party submitting
responses to this RFP. The Town reserves the right to issue clarifications and other directives concerning this
RFP, to make and issue modifications to the RFP schedule; to require clarification or further information with
respect to any response or proposal received; to waive any informalities or irregularities; and to determine the
final scope and terms of any contract, and whether to enter any contract. The provisions herein confer no rights,
duties or entitlements to any proposer.
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 6 OF 10
ATTACHMENT
REQUEST FOR PROPOSALS
QUALIFICATION INFORMATION
Official Company Name: ___________________________________________________ (___A Corporation)
(___A Partnership )
(___An Individual )
Business Address: _______________________________________________________
1. How many years has your organization been in business as a transportation consulting firm under your
present business name? __________________
2. How many years has the consulting firm been in continuous operation doing this type of work?
______________________
3. Has any officer or partner of your organization ever been an officer or partner of any organization that
failed to complete a planning contract? _____________________________ _____________________
If so, state name of individual, other organization, and give full details: ____
__________________________________________________________________________________
__________________________________________________________________________________
4. Have you ever failed to complete any work awarded to you? __________________________________
If so, explain _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 7 OF 10
5. What percentage of the work does your firm perform with in-house employees? __________________
__________________________________________________________________________________
6. What type of work do you normally subcontract? ___________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
7. Have you ever been refused surety, bond or liability insurance? _______________________________
If so, explain _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
8. What is the estimated bonding capacity of your company?
9. Provide a statement of current backlog extending 12-months, if any.
10. Describe major project(s) of a similar nature your organization has completed during the last five (5)
years. Provide references from each project sponsor.
11. In the last two (2) years, have you been charged liquidated damages? __________________________
If so, explain _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
12. Resumes are required and should include all applicable experiences for all foreman, superintendents,
and principals of the company. Also submit a copy of your company’s Table of Organization.
13. For which governmental agencies have you performed work; on which projects, including total project
amount? ___________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 8 OF 10
AFFIDAVIT FOR CORPORATION
(IF APPLICABLE)
State of ___________________________________________
ss.
County of __________________________________________
_______________________________________________ , being duly sworn, deposes and says:
that he is __________________________ of the ____________________________, the corporation
submitting the attached statement of experience and financial condition; that he has read the same, and that
the same is true and correct.
Sworn to before me this ___________ day of ________________, 20____.
__________________________________________
Officer must sign here
__________________________________________
Notary Public
Address:
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 9 OF 10
AFFIDAVIT FOR PARTNERSHIP
(IF APPLICABLE)
State of ___________________________________________
ss.
County of __________________________________________
_______________________________________________ , being duly sworn, deposes and says:
that he is a general partner of the partnership of ______________________________________________ ;
that said partnership submitted the attached statement of experience and financial condition; that he has
read the same, and that the same is true and correct.
Sworn to before me this ___________ day of ________________, 20____.
__________________________________________
General Partner must sign here
__________________________________________
Notary Public
REQUEST FOR PROPOSALS
AVON TRANSIT HUB PLANNING
PAGE 10 OF 10
SIGNATURE OF APPLICANT FOR PROPOSAL:
Contractor’s Name: _____________________________________________________________________________
Business Address: _________________________________________ Phone No.: _________________________
Email Address: ____________________________________________ Fax No.: ___________________________
Request is hereby made for qualification to perform the stated contract work for the Town of Avon.
By: ______________________________________________
Title: _____________________________________________
Date: ____________________________________
REQUEST FOR QUALIFICATIONS
To Provide
CONCEPTUAL PLANNING
for
SUN ROAD REDEVELOPMENT
April ____, 2025
TOWN OF AVON
100 Mikaela Way
PO BOX 975
AVON, COLORADO 81620
Attachment B
SECTION I. Introduction
A. Introduction
The Town of Avon (“Town”) is requesting qualified firms to assist with conceptual designs to develop
redevelopment options for the Sun Road area. The scope of work will include creating conceptual plans for
programming uses focusing on the most advantageous locations from a visibility perspective regarding
commercial/retail uses and, from an economic standpoint, for community and commercial uses. The scope of
work does not include exterior design or architecture. The Town will utilize the preferred conceptual plans to
inform a fiscal analysis of costs and potential funding sources for the redevelopment of the Sun Road area.
• The Study Area for this work includes the Walgreens, First Bank, Post Office, and Sun Road Right-
of-Way area defined in the adopted Sun Road Redevelopment Plan 2025 (the “Sun Road Plan”).
B. Goals and Objectives
• Engagement of community and stakeholders to gather understanding of their thoughts and
opinions for scenario development for revamping Sun Road.
• Conceptual plans centering on transit-oriented, pedestrian-forward design and orientation with
thoughtful connections to surrounding infrastructure. This supports a new regional transit hub to
supplement and potentially replace Avon’s existing Avon Station.
• Maximize Community Housing and achieve or exceed a minimum of 50% of residential development
in the Sun Road Plan area as full-time, primary residential use. Incorporate 300 Community Housing
units.
• Inclusion of an attractive public plaza element with public art that supports adjacent civic and
commercial uses.
• Consideration of centralized, district-wide heating and cooling strategies for the Study Area.
• Preparation of conceptual designs based on scenarios that are viable, economically feasible,
reflective of community goals, and responsive to the sites and surrounding community.
• Creation of phasing strategies that may keep existing commercial uses operating within the existing
Study Area during redevelopment(s), or strategies for temporary displacement.
SECTION II. Background
A. Avon, Colorado
The Town of Avon is located in the “heart” of the Eagle River Valley, between two of North America’s premier
mountain resorts: Vail and Beaver Creek.
B. Project Need
The Sun Road area is grossly underdeveloped, with mostly one-story construction and surface parking lots. Not
only does this development pattern fail to leverage current zoning, it fails to reinforce street edges and prioritize
alternative modes of transportation.
The Eagle River Valley needs at least 6,000 new workforce housing units. Eagle County and its municipalities are
working together to study solutions for community housing, including how to create a Multi-Jurisdictional Housing
Authority with a stable revenue stream. In 2024, the Town identified the Sun Road area as an ideal location to
redevelop into a high-density Transit Oriented Development (“TOD”) that could provide affordable housing with
community amenities for the struggling workforce.
The Avon Town Council adopted the Sun Road Redevelopment Plan in early 2025, allowing the next planning
phase to continue seamlessly. A Department of Local Affairs Grant (“DOLA”) was received and contributes the
majority of the funding to this important phase of redevelopment planning. The Town understands the need for
workforce housing, is partnering with the region on solutions, and has identified an ideal location for a high-density
TOD with up to 300 housing units. This project has an immediate need to pursue TOD with a sizable proportion of
workforce housing. Supporting commercial development will round out the project and help to ensure a vibrant
mix of uses that contribute to the vitality of residents and guests.
Study Area and Site Description
The Sun Road Redevelopment Area includes three two key private properties (First Bank, Walgreens, United
States Postal Service property, and the Sun Road street public right-of-way.
C. Existing Zoning
Town Center (“TC”) (USPS/First Bank/Walgreens): Purpose Statement: The TC district permits a
variety of uses such as hotels, commercial establishments, offices, with residential, in a predominately
pedestrian environment. Town Center should be unique from other areas in the Town and serve as
the focal point for social, business, and cultural activities. This district contains the highest intensity of
uses and should serve as the major transit destination as well as provide high levels of pedestrian
accessibility. The TC district implements the mixed-use classification of the Avon Future Land Use
Plan.
D. Assumptions
During the proposal process, both the Public Engagement activities and Planning and Design phases
must recognize the existing conditions of the given premises that underlie the planning process:
• The study area is assumed to include the properties delineated within the attached map.
• The Town of Avon, which largely relies upon visitor-based revenues, seeks to be economically
diverse and competitive.
• Affordable (deed restricted) Community Housing remains a high priority for the Town and the
community.
• Emerging technologies should be employed when and where opportunities arise. For example,
Avon's existing Heat Recovery System may be available to expand into the area.
• The proposed development shall be consistent with the Town's commitment to environmental
sustainability.
• Utilization of Avon's community engagement tools shall continue fostering strong public outreach
and citizen participation.
• The Avon Urban Renewal Authority expires June 6, 2030, and revenues from TIF must be
expended by then.
• The Avon Downtown Development Authority expires in 2053, and,
• Future TIF revenues may be used to secure bond issuance, enabling financing of some or all the
Plan outcomes.
SECTION III: Scope of Professional Services
The Town is seeking stated qualifications for professional services from qualified design teams (the “Proposer(s)”)
to assist the Town with Spatial and Conceptual Development Planning services (Economic Analysis performed by
separate consultants) to determine viable scenarios for the redevelopment of the Study Area.
The analysis will involve four steps, commencing with the development of the guiding principles, followed by
formulation of design concepts. From the conceptual outcomes will come a recommended course of action(s),
which will be implemented subject to funding, additional design work, and stakeholder.
Phase 1
Determine access (including loading), pedestrian circulation, and desired programming mix for the Study
Area: The Town is actively studying Avon Station and the potential need to relocate and or expand transit services
to Sun Road. Results of that effort will inform whether or not Sun Road will include a substantive TOD component
or not. Centralized loading and vehicular circulation into and through the site will be essential at the first phase of
design, as will the overall targeted building form, massing, and program.
Phase 2
Finalize preferred conceptual design plans and obtain community feedback: This phase will engage
property owners and other identified stakeholders, including the DDA, PZC, and Town Council. At least two (2)
alternatives will be vetted. Online and broader community feedback will be garnered. The final preferred
conceptual plan will be modeled with financial consultants (hired separately by Town). The financial modeling
and potential funding mechanisms will be brought to the DDA and Town of Avon Finance committee for evaluation
and comments.
Phase 3
Preferred concept plan will be presented to Town Council: After review by the DDA and PZC, a preferred plan
will be presented to stakeholders and the Avon Town Council. Next steps will be identified.
SECTION IV: Selection and Evaluation Criteria
The ideal Proposers will possess and demonstrate the following skills and abilities:
• Extensive knowledge and experience managing large-scale planning projects with demonstrated
success working with municipalities and/or private property owners and how previous successes are
transferable or otherwise adaptable to the Town of Avon’s need for this process.
• Demonstrated ability to excel in the public engagement process and management and organization of
multiple stakeholders with varying ideas and priorities.
• Demonstration of planning exercises completed successfully by Proposers in a comparable mountain
environment, addressing relatable site challenges, space constraints, and solutions.
• Demonstrated ability to complete projects on time and within budget with a commitment to successfully
implementing the Civic Area Plan with plan goals and objectives.
• Strong ability to build and maintain professional relationships through effective communication,
coordination, teamwork, and integrity.
• Ability to develop recommendations for public uses that integrate land use and spatial and financial
considerations.
• That Proposers professional fee is competitive and based upon the scope and quality of the work to
be provided and the ability to bring the project in on budget and on time.
If only one (1) proposal is received in response to this RFQ, the Town of Avon may require assistance from
the single responsive and responsible Proposer in the preparation of a proposal price analysis in order to
determine whether the single proposal received by the Town of Avon is fair and reasonable.
The Town of Avon maintains the right, but shall be under no obligation, to award a contract to the responsive
and responsible Proposer whose proposal is deemed by the Town of Avon to be most advantageous to the
Town as determined by capability, qualifications and other factors set forth above.
SECTION V. Information Provided
The Town of Avon has the following information that may be used by prospective Proposers for the purposes of
responding to this RFP:
• Sun Road Redevelopment Plan 2025
• Town of Avon Downtown Development Authority Plan 2023
• Development drawings and permit files for existing construction in Sun Road
SECTION VII. Form of Response
This Section contains detailed instructions to which Proposers must adhere in the preparation and submittal of
proposals to the Town of Avon. For purposes of evaluation, Proposers are advised that the proposal content,
completeness of information, clarity, ease of reference and effectiveness in demonstrating the qualifications
of the Proposer is most important.
One (1) electronic copy (PDF) shall be submitted to the Town of Avon through bidnet.com portal Share File
site by 12:00 noon, (MDT), May ___, 2025. All submitted qualification summaries shall be submitted
electronically through the Bidnet Site https://www.bidnetdirect.com/colorado/townofavon and will not
be accepted by e-mail or file share platforms.
Proposals must include the following information to be considered:
A. Cover letter describing the interest the Proposer has in working on the project and what uniquely sets
them apart from other equally qualified Proposers.
B. Professional background information about the Proposer including an indication of who is the project
lead and the firm or entity responsible for execution on behalf of the team.
C. A minimum of three (3) references from past clients on relevant or similar projects.
D. Description of relevant experience. Specifically large-scale redevelopment in mountain regions,
planning, experience planning and/or designing parking structures, urban design in highly pedestrianized
areas, and developments of similar size and magnitude in mountain resort communities similar to Avon,
Colorado. Please provide at least three reference contacts, including name, contact information, project
date, brief project description, original project budget, and final project cost. Please provide an
explanation of any variations from the original budget and final project cost.
E. Description of the development approach to the project, noting project understanding, unique
challenges, assessments and project interpretation, and strengths that the individual, firm, or team
brings to this project. Please be clear and concise when describing the development approach.
F. Specify personnel to be assigned by name, position, specific office location, and commitment of time
to the project. Attach resumes of assigned personnel.
G. Provide a brief vision statement of the individual, firm or team’s goals and objectives for the public
engagement and conceptual design process and describe what a successful relationship with the
Town of Avon would look like. The Town of Avon is most interested in evaluating how the selected
Proposer intends to engage the input of the community to identify a vision for the Sun Road
Redevelopment Area
H. Provide a draft public engagement, planning and design process and schedule that reflect an ability
to successfully complete the process within six (6) months of the start of the contract and within the
contracted budget. If changes to the schedule are needed or if the planned six (6) month schedule is
not realistic, provide a revised schedule and an explanation for the schedule change. The
development schedule shall include, but shall not be limited to, public engagement, review of existing
plans and documents, visioning, SWOT analysis of existing facilities and lands in the study area,
conceptual designs, and plan review by Downtown Development Authority, Planning and Zoning
Commission, and Avon Town Council.
I. Provide a fee proposal for the scope of services of the project, with a breakdown of that fee into the
following phases: background research, public engagement process, design options, plan
implementation steps, and plan approval. The fee proposal breakdown shall include a complete line-
item budget for the work with explanations as necessary.
J. The Proposer shall obtain and maintain in force for the term of an agreement the following insurance
coverages. Certificates of insurance evidencing such coverage’s shall be furnished to the Town of
Avon at the time of signing of an agreement. Prior to cancellation of, or material change in, any
requisite policy, thirty (30) days written notice shall be given to the Town of Avon through its risk
manager. All automobile liability and general liability policies shall include the Town as an additional
named insured by policy endorsement.
1. Automobile Liability (including owned, non-owned, and hired) in an amount not less than one
million dollars ($1,000,000) each occurrence and not less than two million dollars ($2,000,000)
general aggregate.
2. Worker's compensation and employer liability in accordance with the Worker's
Compensation Act of the State of Colorado for employees doing work in Colorado in
accordance with this Agreement and with limits in an amount not less than five hundred
thousand dollars ($500,000) each accident and not less than one million dollars disease-
policy limit and not less than one million dollars disease- each employee.
3. Comprehensive General Liability (including personal injury) in an amount not less than one
million dollars ($1,000,000) per occurrence and not less than two million dollars ($2,000,000)
in the aggregate.
4. Professional errors and admission liability insurance in an amount not less than one million
dollars ($1,000,000) each claim and not less than two million dollars ($2,000,000) in the
aggregate.
K. A written statement identifying any reservations, conditions or constraints related to the request for
qualifications.
L. Upon selection, the selected Proposer shall execute an Professional Services Agreement with the
Town of Avon acknowledging that all design work, including but not limited to plans, photographs,
documents, reports, engineered drawings and Project work shall be completed in a professional and
workmanship-like manner and that the Project work shall fully comply with all applicable Town of
Avon regulations and ordinances and State and Federal laws and requirements.
M. A completed proposal bid form (attached)
N. Upon selection, the selected Proposer shall execute an agreement with the Town of Avon
acknowledging that all design work, including but not limited to plans, photographs, documents,
reports, engineered drawings and other work produced for the Project shall become property of
the Town of Avon, and may be used or reproduced by the Town of Avon without approval from or
additional compensation to the Proposer.
SECTION VIII. Technical Platforms/Software
A. Design Drawings: Assumes proficiency in AutoCAD, Adobe Acrobat/PDF, Adobe Creative Cloud
a. Drawing size 24” x 36” maximum 11”x17” minimum
b. Reduced drawings (e.g., 11” x 17”) must be reconfigured and utilize a minimum of 10 pt
font
B. Documents: Assumes proficiency in Microsoft
a. All documents to be submitted as PDFs unless otherwise specified.
C. Deliverables: All deliverables must be designed and provided to the Town so that Town Staff will
own and can edit all materials following the conclusion of the sub-area planning process.
Deliverables should be provided in Adobe Suite and Microsoft Office Suite, whenever possible.
D. Communication Preferences: Microsoft Teams or Zoom
REQUEST FOR QUALIFICATIONS
Sun Road Redevelopment
PAGE 9 OF 9
The Town of Avon reserves all rights to investigate the qualifications of any and all individuals and
firms under consideration, to perform a financial audit of one or more firms, to confirm any part of
the information furnished in a proposal, and to require further evidence of managerial, financial or
professional capabilities which are considered necessary for the successful performance of work
described in this RFP. The Town of Avon reserves the right to reject any or all proposals and to
waive informalities and minor irregularities in proposals received.
All proposals and supporting documents, except such information that discloses proprietary or
financial information submitted in response to qualification statements, becomes public
information held in custody of the Town of Avon after the proposal submittal date given in this
RFP. The Town of Avon assumes no liability for the use or disclosure of technical or cost data
submitted by any Proposer.
Nevertheless, if a proposal contains information that the Proposer does not want disclosed to the
public, or used for any purpose other than the evaluation of this offer, all such information must be
indicated with the following or similar statement:
"The information contained on pages shall not be duplicated, used in
whole or in part for any purpose other than to evaluate the proposal provided; that if
a contract is awarded to this firm as a result of the submission of such information,
the Town of Avon shall have the right to duplicate, use or disclose this information to
the extent provided in the contract. This restriction does not limit the right of the
Town of Avon to use the information contained herein if obtained from another
source."
All such nondisclosure items specified in the proposal shall be subject to disclosure as provided in
Part 2 of Article 72 of Title 24, C.R.S. ("The Colorado Public Records Act") or as otherwise provided
by law.
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 1 OF 9
REQUEST FOR PROPOSALS
SUB-AREA CIVIC PLANNING
Sun Road
TOWN OF AVON
100 Mikaela Way
PO BOX 975
AVON, COLORADO 81620
PURPOSE OF THIS REQUEST FOR PROPOSALS (RFP)
The Town of Avon (“Town”) is seeking a professional financial consulting firm (“Team”) to participate in the financial
and investment analysis, of sub-area master plans for two identified sub-areas within the Town of Avon.
PROJECT SUMMARY
The Avon Town Council provided direction to the Town’s Community Development Department to pursue analyzing
the Sun Road redevelopment: The Sun Road sub-area plan will be the first sub-area master plan for this
neighborhood.
PROJECT APPROACH
Scope of Services for Financial Consultant
The following is an outline of services and deliverables anticipated for these plans.
Financial Modeling and Investment Document to include:
1.Cost Analysis: Develop a detailed cost analysis, including land acquisition, construction, development fees
and ongoing operational costs.
2.Revenue Projections: Project the potential revenue streams from community housing units, commercial
leases, parking fees and other sources. The other sources will include TIF revenues going to the Avon
Downtown Development Authority and the amounts generated for property taxes.
3.Financial Modeling: Create a comprehensive financial model to assess the project’s financial viability,
including payback periods, rate of return and projects potential value.
Attachment C
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 2 OF 9
4. Risk Assessment: Identify and assess potential financial risks, including market fluctuations, construction
delays and regulatory challenges.
5. Feasibility Study: Prepare a detailed feasibility study outlining the project’s financial viability and
recommending strategies to mitigate potential risks.
6. Economic analysis and recommendations to fund potential development or redevelopment
opportunities through use of e.g., Urban Renewal Authority, or Downtown Development Authority, public-
private partnerships, etc..
Note: All deliverables must be designed and provided to the Town so that Town Staff will own and can edit all
materials following the conclusion of the sub-area planning process. Deliverables should be provided in Adobe Suite
and Microsoft Office Suite, whenever possible.
DOCUMENTS INCLUDED WITH AND PART OF THIS RFP
1. Comprehensive Plan
2. Sun Road Redevelopment Plan
3. Urban Renewal Plan
4. Avon Downtown Development Authority Plan
PROPOSAL SUBMITTAL REQUIREMENTS
General Format: Proposals should provide straightforward and concise information. Emphasis should be placed on
brevity, conformity to the Core Team’s instructions, selection criteria of this RFP, and completeness and clarity of
content. Examples of past financial studies (portfolio) via link or attachment is acceptable.
Submittal Address: The Submittal shall be submitted in electronic format only, to
https://www.bidnetdirect.com/colorado/townofavon.
RFP SUBMITTAL SHALL INCLUDE:
PART 1. Project Plan
Provide a Project Plan for performing all activities described in this RFP. The intent is to demonstrate the firm’s
clear understanding of the purposes, services, scope and objectives of this project. The Project Plan should deal
directly with the two sub-area planning projects as identified in this RFP, including but not limited to the following:
a. Understanding of project scope
b. Maintenance of project schedule
c. Approach to staffing/team, including any sub-contractors
d. Cost estimating
PART 2. Proposal Information & Signature
Complete the Attachment to this Request for Proposals: Qualification Information, including Signature.
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 3 OF 9
SELECTION PROCESS
Prequalification Submittal Review: Each Proposal will be analyzed by a review committee established by the Town.
The committee will consider demonstrated experience of the firm’s with similar projects in mountain resort settings.
Proposals will be reviewed and evaluated by Town Staff
Interviews: After reviewing proposals, the top two to three contractors will be invited for interviews.
Final Selection for Recommendation to Town Council: The review committee will select, for recommendation to the
Town Council, the Financial Consultant based on demonstrated experience, the interview, the Proposal that, in the
Town’s view, represents the best value and any other criteria deemed material by the committee. Additional
information, including but not limited to references.
ADMINSTRATION RULES
By virtue of submission of a Proposal, the Proposer agrees to be bound by the following rules with regards to this
RFP and said Submittal. Said rules shall in no way act to limit the right to negotiate additional or different terms if it
sees necessary.
• Town reserves the right to reject any and all Proposals, in whole or in part, as well as the right to issue similar
RFPs in the future. This RFP is in no way an agreement, obligation, or contract and in no way is the Town
responsible for the cost of preparing the proposal. For the selected firm, no reimbursement will be made by the
Town for any costs incurred by the proposer prior to the full execution of a contract and issuance of written
notice by the Town to commence project services.
• Town may modify the RFP by posting addendums on https://www.bidnetdirect.com/colorado/townofavon
and it is the responsibility of the Proposers to regularly check the website for addendums. A contractor must
notify the Project Managers in writing if they wish to withdraw or modify their submittal at any time prior to the
deadline for submitting. Submittals may not be modified after the Proposal due date and time listed in this RFP.
• The Town may conduct such investigations as they consider necessary to assist in the evaluation of any
proposal and to establish the responsibility, qualifications and financial ability of the respondents and award in
accordance with the proposal documents to the Town's satisfaction within the prescribed time. The Town may
consider, but not be limited to financial condition, prior experience, operating costs, maintenance requirements,
performance data, and guarantees of performance as part of its evaluation.
• Licenses Required/Compliance with Applicable Law. Successful proposers shall maintain all required licenses,
and be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws as
applicable to, and affected by, the project, including but not limited to Equal Employment Opportunity
Commission (EEOC), Title I and Title II of the Americans with Disabilities Act (ADA) regulations, the Colorado
Illegal Aliens-Public Contracts for Services legislation, and the Keep Jobs in Colorado Act of 2013.
• Execution of Contract. The successful proposer will be required to sign an agreement for preconstruction
services. If the Town is able to move forward with construction after obtaining sufficient funding, the Town and
the GC will enter into an agreement that is substantially similar to the AIA standard agreement with all
preconstruction services provisions deleted therefrom.
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 4 OF 9
• Equal Opportunity. No proposer shall be excluded from consideration for award in conjunction with this
solicitation on the basis of race, color, creed, national origination, handicap or sex or be subjected to
discrimination under any contractual award administered by the Town.
• The apparent silence or any omission within this RFP regarding a detailed description of the materials or
services to be provided shall be interpreted to mean that only the best commercial practices are to prevail and
that only materials and workmanship of first quality are to be used.
• Taxes. Proposers will not include Federal, State or applicable Local excise or sales taxes in bid prices, as the
Town are exempt from payment of such taxes. An exemption certificate will be provided where applicable upon
request.
• A proposal may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to
the Town upon any debt or contract or which has defaulted as surety or otherwise upon any obligation to either
the Town.
• Confidentiality. As a governmental entity, proposals submitted to the Town for consideration shall be subject to
the Colorado Open Records Act (the "Act"). Any confidential information in proposals shall be identified as such.
However, should the Town receive a request in accordance with the Act, the Town shall make a final
determination as to whether the information is releasable. Proposers will be notified before information is
released. Proposals submitted and terms and conditions specified in each proposer's response shall remain the
property of the Town. Neither cost information nor the total proposal will be considered confidential/proprietary.
• All employees of a proposer shall be considered to be, at all times, employees of the proposer under its sole
direction and not an employee or agent of the Town. The proposer shall supply competent and physically
capable employees in a number that is consistent with the RFP requirements. Where required, employees shall
be licensed and accredited. The Town may, in their sole discretion, require the proposer to remove an employee
it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on
the Town property is not in the best interest of the Town.
• The provisions in this RFP and any procurement or purchasing policies or procedures of the Town are solely for
the fiscal responsibility of the Town and confer no rights, duties, or entitlements to any party submitting
responses to this RFP. The Town reserves the right to issue clarifications and other directives concerning this
RFP, to make and issue modifications to the RFP schedule; to require clarification or further information with
respect to any response or proposal received; to waive any informalities or irregularities; and to determine the
final scope and terms of any contract, and whether to enter any contract. The provisions herein confer no rights,
duties or entitlements to any proposer.
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 5 OF 9
ATTACHMENT
REQUEST FOR PROPOSALS
QUALIFICATION INFORMATION
Official Company Name: ___________________________________________________ (___A Corporation)
(___A Partnership )
(___An Individual )
Business Address: _______________________________________________________
1. How many years has your organization been in business as a financial consulting firm under your
present business name? __________________
2. How many years has the financial consulting firm been in continuous operation doing this type of work?
______________________
3. Has any officer or partner of your organization ever been an officer or partner of any organization that
failed to complete a planning contract? _____________________________ _____________________
If so, state name of individual, other organization, and give full details: ____
__________________________________________________________________________________
__________________________________________________________________________________
4. Have you ever failed to complete any work awarded to you? __________________________________
If so, explain _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
5. What percentage of the work does your firm perform with in-house employees? __________________
__________________________________________________________________________________
6. What type of work do you normally subcontract? ___________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
7. Have you ever been refused surety, bond or liability insurance? _______________________________
If so, explain _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
8. What is the estimated bonding capacity of your company?
9. Provide a statement of current backlog extending 12-months, if any.
10. Describe major project(s) of a similar nature your organization has completed during the last five (5)
years. Provide references from each project sponsor.
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 6 OF 9
11. In the last two (2) years, have you been charged liquidated damages? __________________________
If so, explain _______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
12. Resumes are required and should include all applicable experiences for all foreman, superintendents,
and principals of the company. Also submit a copy of your company’s Table of Organization.
13. For which governmental agencies have you performed work; on which projects, including total project
amount? ___________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 7 OF 9
AFFIDAVIT FOR CORPORATION
(IF APPLICABLE)
State of ___________________________________________
ss.
County of __________________________________________
_______________________________________________ , being duly sworn, deposes and says:
that he is __________________________ of the ____________________________, the corporation
submitting the attached statement of experience and financial condition; that he has read the same, and that
the same is true and correct.
Sworn to before me this ___________ day of ________________, 20____.
__________________________________________
Officer must sign here
__________________________________________
Notary Public
Address:
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 8 OF 9
AFFIDAVIT FOR PARTNERSHIP
(IF APPLICABLE)
State of ___________________________________________
ss.
County of __________________________________________
_______________________________________________ , being duly sworn, deposes and says:
that he is a general partner of the partnership of ______________________________________________ ;
that said partnership submitted the attached statement of experience and financial condition; that he has
read the same, and that the same is true and correct.
Sworn to before me this ___________ day of ________________, 20____.
__________________________________________
General Partner must sign here
__________________________________________
Notary Public
REQUEST FOR PROPOSALS
FOR FINANCIAL MODELING
SUN ROAD SUB-AREA PLANNING
PAGE 9 OF 9
SIGNATURE OF APPLICANT FOR PROPOSAL:
Contractor’s Name: _____________________________________________________________________________
Business Address: _________________________________________ Phone No.: _________________________
Email Address: ____________________________________________ Fax No.: ___________________________
Request is hereby made for qualification to perform the stated contract work for the Town of Avon.
By: ______________________________________________
Title: _____________________________________________
Date: ____________________________________
970.748.4088 predmond@avon.org
TO: Chairperson Tony Emrick and DDA Board Members FROM: Paul Redmond, Chief Finance Officer
RE: Vail Valley Foundation Land Lease
DATE: April 11, 2025
SUMMARY: Avon Town Council approved a 50-year land lease with Eagle River Valley Child Care at the
April 8, 2025, meeting. This is for the construction and operation of an early childhood education facility
(facility) on the eastern part of Planning Area E, Village (at Avon).
Attachment A are the materials provided to Council for their review and approval of the land lease. At the
next DDA meeting, Staff will be presenting a funding agreement for supporting the construction of the
facility and supporting an endowment fund to support local families.
Thank you, Paul
ATTACHMENT A: Early Childhood Land Lease Agreement
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)
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
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 1 of 20
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 8, 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 1, 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 1, 2025 (“Avon’s Delivery Date”).
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 2 of 20
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 for
installation of photovoltaics, batteries and related equipment (estimated at $12,500) and
ERVC shall be entitled to receive the Holy Cross Energy monthly rebate of $250 paid to
ERVC by Holy Cross Energy 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.
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.
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 3 of 20
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.
5. USE; OPERATOR
A. Early Childhood Education. It is covenanted and agreed between the Parties that the Leased
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 4 of 20
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 Education Foundation as the Operator. If ERVC
decides to no longer have Early Access 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
approved by Avon in writing.
iii. The initial tuition fees and any other costs shall be defined and the process for proposing and
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 5 of 20
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 for at least thirty-two (32) 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. 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. The Operator shall 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 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 24 enrollment positions that are actually used by Avon each year.
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 6 of 20
iii. 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.
Any of the twenty-four (24) priority enrollment spots per year not used by Avon shall be
available to other children.
v. 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
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
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 7 of 20
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. ERVC shall
quit claim an undivided .05% 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 shall 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
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, 2030 (“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 the leasehold
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 8 of 20
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,
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
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 9 of 20
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 obligations of ERVC and 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 has a de minimis ownership interest in the Facility pursuant to Section 11 above. Avon
agrees to execute any consent forms that may be required for the Leasehold Financing but shall
not be required to sign as a co-borrower.
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,
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
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 10 of 20
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 17, 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
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
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 11 of 20
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
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
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 12 of 20
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. 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
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
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 13 of 20
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 for early
childhood education operations, 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
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.
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 14 of 20
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
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 property, 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.
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 15 of 20
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 Premises
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
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
ERVC:
Eagle River Valley Childcare
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 16 of 20
Attn: [MORE INFORMATION]
Attn: [MORE INFORMATION]
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
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.
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 17 of 20
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.
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.
Remainder intentionally blank. Signature page follows.
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 18 of 20
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:
Title:
Date:
ATTACHMENT A: LAND LEASE
Ground Lease: ERVC
April 4, 2025 DRAFT
Page 19 of 20
EXHIBIT A:
LEGAL DESCRIPTION
[MORE INFORMATION]
[title exceptions to be included]
ATTACHMENT A: LAND LEASE
B
B
B
B
T
/
R
POC
EXHIBIT B:
DEPICTION OF LEASED LAND
Eagle River Valley Childcare –Land Lease
April 8, 2025
EAGLE RIVER VALLEY
CHILDCARE
LAND LEASE
April 8, 2025
Eric Heil,
Town Manager
The Future of a Vibrant Valley
Town of Avon and VVF have partnered together to address
a major crisis in our community. The Eagle River Valley is
considered a childcare desert.
Eagle River Valley Childcare Initiative
There are approximately 3,000 children ages 0-5 today
needing childcare in our Valley. Today, approximately 1,400
children receive childcare through licensed centers,
another 850 manage through informal and unlicensed
friends, family, and neighbors, and roughly 900 children
have no viable childcare solution.
To address this critical need, the VVF launched the Eagle
River Valley Childcare Initiative and thanks to the amazing
partnership and generosity of the Town of Avon, the VVF’s
first early childhood education and development center will
be in Avon, CO.
Avon Early Childhood Education and Development Center
•A new facility is desperately needed
•The facility will serve 160+ children ages 0-5
•GOAL: break ground July 2025, open by October 2026
•Zehren Architects are the facility designers
•RA Nelson is our General Contractor
•Jennifer Knott, Founder and CEO of Access Early Education
Foundation, will be our Avon Childcare Center operator
•The facility will provide the highest quality early childhood
education and development
•Employer-sponsored pre-school model plus spots made available to general public
•At least 24 spots (approximately 15%) of total pre-school spots subject to priority enrollment for Town of Avon
employees, Town officials, residents of Avon, and employees of Avon businesses.
•Jennifer Knott, founder of Access Early Education Foundation, will be the operator of the Avon facility. Jennifer
has nearly twelve years of experience operating large, highest-quality childcare centers in Glenwood Springs,
Rifle, Clifton, Grand Junction, and Crested Butte. The Avon Childcare Center will operate as a nonprofit.
•Three infant rooms. Three toddler rooms. Four preschool rooms. Two flexible rooms which can be allocated for
toddler or preschool use, and one multipurpose room for training, community meetings and/or indoor play
space.
•Infant and toddler playgrounds on the north end of building and two preschool playgrounds on south end of
building.
•The new Avon facility will be 100% electric and will include photovoltaics and battery storage
4
Project Overview and Update
Eagle River Valley Childcare –Land Lease
April 8, 2025
Eagle River Valley Childcare –Land Lease
April 8, 2025
FINANCING
•Project Cost: $13,500,000
•80% fund secured: May 31,
2025
CONSTRUCTION TIMELINE
•Commencement in June or
July, 2025
•Completion by September,
2026
OPERATION
•Target Opening October, 2026
Eagle River Valley Childcare –Land Lease
April 8, 2025
LAND LEASE
-Approximately 2.5 acres
-50 year lease
-Vail Valley Foundation
formed Eagle River Valley
Childcare non-profit
-Avon participated in
Operator selection process
-Avon to review sub-lease
with Operator
Eagle River Valley Childcare –Land Lease
April 8, 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
(DDA meeting on 4/14)
•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)
•Avon would receive a de minimus ownership interest in the Facility so that it is exempt from
property taxes to all jurisdictions.
Eagle River Valley Childcare –Land Lease
April 8, 2025
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.
•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.
Eagle River Valley Childcare –Land Lease
April 8, 2025
Eagle River Valley Childcare Rights:
•Primary Use: Pre-School Accessory Uses: week-end child care, adult classes in
evenings
•Leasehold Financing: Ability to take out construction loan before all pledged donations
are received
•Right of First Refusal: If Avon desires to sell land before the end of the Term
•Mediation and Arbitration:
Eagle River Valley Childcare –Land Lease
April 8, 2025
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)and authorize the Town Manager, Town Attorney, Mayor and Mayor
Pro-Tem to review and approval any final changes to the Land Lease which
are not substantive.”
Eagle River Valley Childcare –Land Lease
April 8, 2025
EAGLE RIVER VALLEY
CHILDCARE
LAND LEASE
April 8, 2025
Eric Heil,
Town Manager
DDA MEETING MINUTES
MONDAY, FEBRUARY 3, 2025
HYBRID MEETING, IN PERSON AND VIA MICROSOFT TEAMS
AVON DDA MEETING MINUTES FEBRUARY 3, 2025 PAGE 1 | 2
ROLL CALL
Present in Person: Chair Tony Emrick, and Board Members Gregg Cooper, Lisa Mattis, Wayne Hanson,
Matthew Fitzgerald & Chris Neuswanger
Present Virtually: Board Members Marcus Lindholm & Rob Tartre.
Absent: Board Members Brandt Marott & Scott Tarbet, Councilor Chico Thuon.
Staff: Town Manager Eric Heil, Community Development Director Matt Pielsticker, Housing Planner Patti
Liermann, Planner II Max Morgan & Deputy Town Clerk Brenda Torres. Staff present virtually were Deputy Town
Manager Patty McKenny, Planning Manager Jena Skinner, CFO Paul Redmond and CAO Ineke de Jong.
The meeting was called to order at 3:01 p.m. DDA Board Chair Tony Emrick presided over the meeting. There
was quorum with 8 Board Members present.
2. APPROVAL OF AGENDA
Board Member Matthew Fitzgerald motioned to approve the agenda as presented. Board Member Gregg Cooper
seconded the motion. The motion was approved with an 8-0 vote of those present at that time.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Board Chair Emrick asked if there were any conflicts of interest, and none were disclosed.
4. PUBLIC COMMENT
No public comments were made in person nor virtually.
5. BUSINESS ITEMS
5.1 Welcome to New Board Member Lisa Mattis and Swearing In of new and re-appointed Board
Members (Deputy Town Brenda Torres)
Town Manager Eric Heil welcomed Lisa Mattis to the board. He expressed that she is no stranger to Avon’s
Citizen Committees and has been serving Avon for many years on the CASE Committee.
Deputy Town Clerk Brenda Torres was present to perform the Oath of Office for Lisa Mattis (in-person),
Rob Tarte (virtually) and Marcus Lindholm (virtually).
Deputy Town Clerk Brenda Torres left the meeting at 3:07 p.m.
5.2 Pedestrian Mall Concept Review (Planner II Max Morgan)
Planner II Max Morgan delivered his presentation on the Pedestrian Mall Concept. The DDA board
members provided input and comments. The Community Development Department is collecting and
compiling all comments until the end of February.
5.3 Regional Housing Needs Assessment Update (Housing Planner Patti Liermann)
Housing Planner Patti Liermann delivered her presentation on the Regional Housing Needs Assessment.
She took the board members through the report and slides in the Board packet. There were several
questions about Avon’s efforts on community housing. Town Manager Eric Heil confirmed staff will bring
back a wide and long-range (20-yr) overview of Avon’s housing efforts at a future DDA Meeting.
5.4 Proposed 2025 Meeting Schedule (Chief Administrative Officer Ineke de Jong)
Chief Administrative Officer Ineke de Jong expressed staff reviewed the 2025 calendar and is proposing
DDA MEETING MINUTES
MONDAY, FEBRUARY 3, 2025
HYBRID MEETING, IN PERSON AND VIA MICROSOFT TEAMS
AVON DDA MEETING MINUTES FEBRUARY 3, 2025 PAGE 2 | 2
meetings on the following dates:
• April 14 (Second Tue due to a conflict on First Tue)
• June 2
• Aug 4
• Oct 6
• Dec 1
Board Member Matthew Fitzgerald moved to approve the proposed 2025 meeting schedule. Board Member
Chris Neuswanger seconded that motion, and it passed unanimously by those present.
6. MINUTES
Board Member Chris Neuswanger presented a motion to approve the Minutes from Avon DDA Board Meeting held
November 4, 2024. Board Member Matthew Fitzgerald seconded that motion. They were approved unanimously
by those present at that time.
7. ADJOURNMENT
DDA Board Chair Emrick adjourned the meeting at 5:06 p.m.
Respectfully submitted by:
Ineke de Jong
Chief Administrative Officer
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.