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TC Ord. No. 25-14 Concerning the Financing of the Acquisition of Certain Real Property for Town Purposes and Supporting Public Improvements Needed in Connection Therewith, and Approving the Execution and Delivery by the Town of a Site Lease Agreement, a LAvon COLORADO ORDINANCE NO.25-14 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF AVON CONCERNING THE FINANCING OF THE ACQUISITION OF CERTAIN REAL PROPERTY FOR TOWN PURPOSES AND THE SUPPORTING PUBLIC IMPROVEMENTS NEEDED IN CONNECTION THEREWITH, AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT, A LEASE PURCHASE AGREEMENT, AND RELATED DOCUMENTS. WHEREAS, the Town of Avon, Eagle County, Colorado (the "Town") is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the Town (the "Charter"); and WHEREAS, pursuant to Chapter XIV of the Charter, the Town is authorized to enter into one or more leases or lease -purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the Town is authorized by Article XX, Section 6 of the Colorado Constitution, its Charter, and part 8 of Article 15 of title 31, Colorado Revised Statutes ("C.R.S."), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, for the functions and operations of the Town, the Town deems it necessary and in the best interest of the Town to acquire certain real property and the building located thereon in order to perpetuate economic growth, promote job creation, and generate new tax revenues for its citizens and the general public (the "Project"); and WHEREAS, the Town owns, or will own, in fee title, the Site and the premises, buildings and improvements located thereon (the "Leased Property"), as further described in the Site Lease and the Lease (hereinafter defined); and WHEREAS, the Town Council of the Town (the "Town Council") has determined, and now hereby determines, that it is in the best interest of the Town and its inhabitants that the Town lease the Leased Property to a bank with trust powers to be named in the Sale Certificate as trustee (the "Trustee") under an Indenture of Trust (as further described below) pursuant to a Site Lease between the Town, as lessor, and the Trustee, as lessee (the "Site Lease"), and lease back the Trustee's interest in the Leased Property pursuant to the terms of a Lease Purchase Agreement (the "Lease") between the Trustee, as lessor, and the Town, as lessee; and WHEREAS, pursuant to the Lease, and subject to the right of the Town to terminate the Lease and other limitations as therein provided, the Town will pay certain Base Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the Town to use the Leased Property; and Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 1 of 8 WHEREAS, the Town's obligation under the Lease to pay Base Rentals and Additional Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory, or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, contemporaneously with the execution and delivery of the Site Lease and the Lease, the Trustee will execute and deliver an Indenture of Trust (the "Indenture"), pursuant to which there will be executed and delivered certain certificates of participation (the "Certificates") that shall evidence proportionate interests in the right to receive certain Revenues (as defined in the Lease) under the Lease, shall be payable solely from the sources therein provided and as provided in the Indenture, and shall not directly or indirectly obligate the Town to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect; and WHEREAS, the net proceeds of the Certificates will be used to finance the Project; and WHEREAS, there has also been presented to this meeting of the Town Council the form of Continuing Disclosure Certificate (the "CDU"); and WHEREAS, there will be executed and distributed in connection with the sale of the Certificates an Official Statement (the "Official Statement") in substantially the form of the Preliminary Official Statement (the "Preliminary Official Statement") relating to the Certificates as approved by the Finance Director of the Town; and WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S., as amended (the "Supplemental Act"), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act; and WHEREAS, there has been presented to the Town Council and are on file with the Town Clerk of the Town (the "Town Clerk") the following: (i) the proposed form of the Site Lease; (ii) the proposed form of the Lease; (iii) the proposed form of the Indenture; (iv) a form of Official Statement; and (v) the proposed form of continuing disclosure undertaking (the "CDU"), each of which is approved by this Ordinance with such changes as are approved by the Finance Director of the Town (the "Finance Director") or the Town Manager of the Town (the "Town Manager"); and WHEREAS, capitalized terms used herein and not otherwise defined have the meanings set forth in the Lease; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 2 of 8 that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE. TOWN OF AVON, COLORADO the following: Section I. Recitals Incorporated. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town Council or the officers, agents or employees of the Town Council or the Town relating to the Site Lease, the Lease, the acquisition, construction, installation or improvement of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and confirmed. Section 3. Finding of Best Interests. The Town Council hereby finds and determines, pursuant to the Constitution, the laws of the State, and the Charter, that undertaking the Town's responsibilities under the PDSA and financing the Eligible Costs of the Catalyst Project Pre-Dev Scope pursuant to the terms set forth in the PDSA, the Site Lease, the Lease, and the Indenture are necessary, convenient, and in furtherance of the Town's purposes and are in the best interests of the inhabitants of the Town, and the Town Council hereby authorizes and approves the same. Section 4. Authority to Finance Eligible Costs; Leased Property. The Town Council hereby finds and determines, pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the acquisition, construction, and installation of the Project, and the financing of the costs thereof pursuant to the terms set forth in the Site Lease and the Lease are necessary, convenient, and in furtherance of the Town's purposes and are in the best interests of the inhabitants of the Town and the Town Council hereby authorizes and approves the same. The delegation set forth in this Section 4 shall be effective for one year following the effective date of this Ordinance. Section 5. Supplemental Act; Parameters. The Town Council hereby elects to apply all of the provisions of the Supplemental Act to the Site Lease and the Lease and in connection therewith delegates to the Mayor of the Town (the "Mayor"), the Town Manager and the Finance Director the independent authority to make any determination delegable pursuant to Section 11-57-205 of the Supplemental Act, in relation to the Site Lease and the Lease, and to execute one or more sale certificates (each a "Sale Certificate") setting forth such determinations, including without limitation, the term of the Site Lease, the term of the Lease, and the rental amount to be payable by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the Site Lease Termination Date shall be no later than December 31, 2055; (b) the Lease Term shall end no later than December 31, 2045; (c) the aggregate principal amount of the Base Rentals payable by the Town pursuant to the Lease shall not exceed $7,000,000; Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 3 of 8 (d) the Certificates shall be subject to optional redemption no later than December 1, 2030; (e) the purchase price of the Certificates shall not be less than 100% of the aggregate principal amount of the Certificates; and (f) the maximum net effective interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 7.05%. Pursuant to Section 11-57-205 of the Supplemental Act, the Town Council hereby delegates to the Mayor, the Town Manager or the Finance Director the independent authority to sign a contract for the purchase of the Certificates or any other document needed to lock the interest rate and other financial terms in connection with the Certifications in order to carry out the purposes of this Ordinance. The Town Council hereby agrees and acknowledges that the proceeds of the Certificates will be used to finance the costs of the Project and to pay other costs of issuance. The delegation set forth in this Section 5 shall be effective for one year following the date hereof. Section 6. Approval of Documents. The Site Lease, the Lease, and the CDU, in substantially the forms presented to the Town Council and on file with the Town, are in all respects approved, authorized and confirmed, and the Mayor or Mayor Pro Tern of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver the Site Lease, the Lease, and the CDU in substantially the forms and with substantially the same contents as presented to the Town Council, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of such documents by the Mayor shall be conclusive evidence of the approval by the Town Council of such documents in accordance with the terms hereof and thereof. Section 7. Approval of Official Statement. A Preliminary Official Statement and a final Official Statement, in substantially the form of the Official Statement relating to the 2016 Certificates of Participation, which such updates and revisions as hereafter approved by the Mayor, the Town Manager or the Finance Director, and as hereafter presented to the Town Council and on file with the Town, is in all respects approved and authorized. The Mayor is hereby authorized and directed, for and on behalf of the Town, to execute and deliver the final Official Statement in substantially the form and with substantially the same content as the Preliminary Official Statement, with such changes as may be approved by the Town Manager or the Finance Director. The distribution of the Preliminary Official Statement and the final Official Statement to all interested persons in connection with the sale of the Certificates is hereby ratified, approved and authorized. Section 8. Authorization to Execute Collateral Documents. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this Ordinance and to place the seal of the Town on any document authorized and approved by this Ordinance. The Mayor, the Town Clerk, the Town Manager, the Finance Director and other appropriate employees and officials of the Town are hereby authorized and directed to execute and deliver for and on behalf of the Town any and all additional certificates, Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 4 of 8 documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this Ordinance. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any document or instrument by the aforementioned officials or employees of the Town or members of the Town Council shall be conclusive evidence of the approval by the Town Council of such document or instrument in accordance with the terms hereof and thereof. The Mayor, the Town Clerk, the Town Manager, the Finance Director and all other employees and officials of the Town that are authorized or directed to execute any agreement, document, certificate, instrument or other paper in accordance with this Ordinance (collectively, the "Authorized Documents") are hereby authorized to execute Authorized Documents electronically via facsimile or email signature. Any electronic signature so affixed to any Authorized Document shall carry the full legal force and effect of any original, handwritten signature. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. It is hereby determined that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 9. No General Obligation Debt. No provision of this Ordinance, the Site Lease, the Lease, the Indenture, or the Certificates shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall have no obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year, and shall not constitute or give rise to a general obligation or other indebtedness of the Town within the meaning of any constitutional, statutory, or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever. No provision of the Site Lease, the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the Site Lease, the Lease nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section 10. Reasonableness of Rentals. The Town Council hereby determines and declares that the Base Rentals payable by the Town under the Lease, as calculated pursuant to the Lease, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Trustee's leasehold interest in the Leased Property pursuant to the Lease. The Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 5 of 8 Town Council hereby determines and declares that the period during which the Town has an option to purchase the Trustee's leasehold interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. Section 11. No Recourse against Officers and Asents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Town Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse shall not be available either directly or indirectly through the Town Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling the Certificates specifically waives any such recourse. Section 12. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any such bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 13. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies between the provisions of this Ordinance and such statutes. Any such inconsistency is intended by the Town Council and shall be deemed made pursuant to the Charter. Section 14. Ordinance Irreoealable. After the Certificates are executed and delivered, this Ordinance shall be and remain irrepealable until the Certificates have been fully paid, satisfied and discharged, as provided in the Indenture. Section 15. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 16. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 17. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 6 of 8 The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 18. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 19. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 7 of 8 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED PUBLISHED IN FULL AND REFERRED TO PUBLIC HEARING, and setting such public hearing for August 12, 2025, at 5:30 p.m., at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela, Avon, Colorado, on July 22, 2025. [SEAL] BY: mra N. Uidde'rwood, Mayor ATTEST: Miguel Jauredui)�asanueva, Town SEAL INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING, AND ORDERED PUBLISHED IN FULL on August 12, 2025. [SEAL] BY• amra N. Underwood, Mayor APP TO FOR 4 Nina Willia , ToPM: rney Ord 25-14 Approving Financing of 15 Sun Rd July 22, 2025 Page 8 of 8 ATTEST: Miguel Jau nueva, Town �N OF qy .SEAL.. STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Miguel Jauregui Casanueva, the Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify: I, the duly elected, qualified, and acting Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify that: The foregoing pages are a true, correct and complete copy of an ordinance (the "Ordinance") that was introduced, approved on first reading and ordered published in full in accordance with the Town Charter (the "Charter") by the Town Council at a regular meeting thereof held on July 22, 2025, and was introduced, approved on second and final reading, and ordered published in full in accordance with the Charter on August 12, 2025, which Ordinance has not been revoked, rescinded or repealed and is in full force and effect on the date hereof. The Ordinance was duly moved and seconded, and the Ordinance was approved on first reading, at the meeting of July 22, 2025, by an affirmative vote of a majority of the membership of the entire Town Council as follows: Councilmember Voting "Yes" Voting "No" Absent Abstaining Tamra Underwood X Rich Carroll X Chico Thuon X Lindsay Hardy X Ruth Stanley X Gary Brooks X Kevin Hyatt X The Ordinance was duly moved and seconded, and the Ordinance was approved on second and final reading, at the meeting of August 12, 2025, by an affirmative vote of a majority of the membership of the entire Town Council as follows: Councilmember Voting "Yes" Voting "No" Absent Abstaining Tamra Underwood X Rich Carroll X Chico Thuon X Lindsay Hardy X Ruth Stanley X Gary Brooks X Kevin Hyatt X A-1 The members of the Town Council were present at such meetings and voted on the passage of such Ordinance as set forth above. The Ordinance was authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town Clerk, and recorded in the minutes of the Town Council. There are no bylaws, rules or regulations of the Town Council that might prohibit the adoption of the Ordinance. Notice of the public meeting of July 22, 2025 in the form attached hereto as Exhibit A was posted at the Town Hall, the Avon Recreation Center, the Avon Library, the Avon Elementary School and the Town of Avon official website, not less than 24 hours prior to the meeting in accordance with law, which notice included the time, date and place of the public meeting. Notice of the public hearing for the reading of Ordinance 25-14 during the Regular Council Meeting of August 12, 2025, in the form attached hereto as Exhibit B. was given by posting notice at the Avon Town Hall, Avon Recreation Center, the Avon Library, the Avon Elementary School and the Town of Avon official website, which notice stated the title only of the ordinance and any penalty provisions and state that the full text of the ordinance is available for inspection at the Avon Town Hall during normal business hours and on the Town of Avon official website. On August 18, 2025, Notice of Adoption of the Ordinance was posted at Avon Town Hall, Avon Recreation Center, the Avon Library, the Avon Elementary School and the Town of Avon official website, and on August 23d, 2025 published by title only in the Vail Daily, a newspaper of general circulation in the Town, in accordance with the Charter and Chapter 1.16.010 of the Avon Municipal Code. Affidavit of publication is attached hereto as Exhibit C. WITNESS my hand and the seal of the Town affixed on August 21, 2025. i 1 011 31, A-2 Exhibit A Avon C O L 0 R A D 0 Notice of Regular Avon Town Council Meeting July 22, 2025 at 05:00 p.m. MST HYBRID MEETING Attend In -Person or Virtually The Avon Town Council meeting will broadcast on High Five Access Media (Channel 5) and online at www.highfivemedia.org. EITHER JOIN IN PERSON: Avon Town Hall, 100 Mikaela Way, Avon CO 81620 OR JOIN VIRTUALLY VIA PHONE OR ZOOM: Call 346.248.7799. Enter meeting ID: 878 7680 5010 Please go to the Town of Avon website, www.Avon.org and click on the Meeting Bar on the top of the Avon home page to find the link for meeting registration. You can also find the agenda and meeting packet materials for the Council meeting under Government > Avon Town Council > Agendas, Packets & Materials. Posted by Brenda Torres, Deputy Town Clerk on July 15, 2025 at the Avon Town Hall, Avon Recreation Center, Avon Public Library, Avon Elementary School and at www.avon.org A Exhibit B .von COLORADO NOTICE OF PUBLIC HEARING TOWN OF AVON Notice is hereby given that the Avon Town Council will conduct a public hearing for the purpose of considering ORDINANCE NO. 25-14 APPROVING FINANCING TO PURCHASE 15 SUN ROAD LOT. The public hearing will be held on August 12, 2025 at 5:oo p.m., or as soon thereafter as possible, in a hybrid way. To join via Zoom, please go to the Town of Avon website, www.Avon.org, and click on the Meeting Bar on the top of the Avon home page to find the link for meeting registration, or in person at the Avon Town Hall, loo Mikaela Way, Avon, Colorado. The full text of the ordinance is available for inspection on the Town of Avon's official website, www.avon.or . TOWN OF AVON, COLORADO t 0 y-rz/6 BY: Brenda Torres Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON July 23, 2025: ✓ AVON TOWN HALL ✓ AVON RECREATION CENTER ✓ AVON PUBLIC LIBRARY ✓ AVON ELEMENTARY SCHOOL ✓ WWW.AVON.ORG A Avon Exhibit C C O 1 OR A DO NOTICE OF ADOPTION OF ORDINANCE NO.25-14 APPROVING FINANCING TO PURCHASE 15 SUN ROAD LOT The Town of Avon hereby provides notice of final adoption of Ordinance 25-14 on August 12, 2025. The full text of Ordinance 25-14 is available for inspection at the office of the Town Clerk in the Avon Town Hall during normal business hours and can be viewed on the Town of Avon's official website, www.avon.orq. Ordinance 25-14 is subject to the penalty provisions set forth in the following Avon Municipal Code sections: 7.04.170 - Penalties. Any person violating any of the provisions of the Development Code shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code. Any remedies provided for in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. The imposition of any penalty under this Development Code shall not preclude the Town or affected property owner from instituting any ap propriate action or proceeding to require compliance with the provisions of this Development Code, 1.09.030 - Minimum civil penalties. (a) Any person found responsible for a violation of this Code authorized to be prosecuted as a civil infraction shall pay a civil fine of not more than two thousand six hundred fifty dollars ($2,650.00) plus costs, damages and expenses, the amount of the fine and the charging of costs, damages and expenses to be in the discretion of the Court except as follows: (1) Any person found guilty, after trial or settlement, of any provisions of this Code designated as a civil infraction, when the date of the offense is within three hundred sixty-five (365) days of the date of a prior violation of the Code, shall be fined not less than three hundred dollars ($300,00), plus any additional penalties assessed under this Chapter. (2) Any person found guilty, after trial or settlement, of any provision of this Code designated as a civil infraction for a third or subsequent time, when the date of the offense is within three hundred sixty-five (365) days of the date of the prior violation of this Code, shall be fined not less than six hundred dollars ($600.00), plus any additional penalties assessed under this Chapter. TOWN OF AVON, COLORADO By: Date Posted: 08/18/2025 Brenda Torres, Deputy Town Clerk Posted at the Avon Town Hall, Avon Recreation Center, and Avon Public Library and published in a newspaper of general circulation in the Town of Avon in accordance with Avon Municipal Code 1.16.010. Expected print dimensions of advertisement: Width: 3.96 in., Height: 4.77 in. Newspaper page size: Width: 10.00 in., Height: 14.00 in. Publisher may wrap or break notice between pages. Avon NOTICE OF ADOPTION OF ORDINANCE 25-14 The Town of Avon hereby provides notice of final adoption of the following ordinance: • ORDINANCE 25.14 CONCERNING THE FINANCING OF THE ACQUISITION OF CERTAIN REAL PROPERTY FOR TOWN PURPOSES AND SUPPORTING PUBLIC IMPROVEMENTS NEEDED IN CONNECTION THEREWITH, AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT, A LEASE PURCHASE AGREEMENT, AND RELATED DOCUMENTS The full text of this ordinance is available for inspection at the office of the Town Clerk in the Avon Town Hall during normal business hours and can be viewed on the Town of Avon's official websile, www.avon.or(i. This ordinance is subject to the penalty provisions set forth in the following Avon Municipal Code sections: 7.04.170 - Penalties. Any person violating any of the provisions of the Development Code shall be subject to the penalties contained in Chapter 109 of this Municipal Code. Any remedies provided for in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. The imposition of any penalty under this Development Code shall not preclude the Town or affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this Development Code. 1.09,030 - Minimum civil penalties. (a) Any person fond responsible for a Notation of this Code authorized to be prosecuted as a civil infraction sMI pay a civil fine of not more than two thousand six hundred fifty dollars ($2.650.00) plus costs, damages and expenses, the amount of the fine and the charging of costs, damages, and expenses to be in the discretion of the Court except as follows: (1) Any person found guilty, after trial or settlement, of any provisions of this Code designated as a civil infraction, when the dale of the offense is within three hundred sixty-five (365) days of the date of a prior violation of the Cade. shall be fined not less than three hundred dollars (f300.00), plus any additional penalties assessed under this Chapter. (2) Any person found guilty, after trial or settlement, of any provision of this Cade designated as a cW infraction for a third or subsequent tame, when the date of the offense is within three hundred sixty-five (365) days of the dale of the prim violation of this Code, shall be fined not less than six hundred dollars (900.00), plus any additional penalties assessed antler this Chapter. TOWN QOF�AV•OnN,, `CO�LORADO By: Date Posted: 08/1812025 Brenda Torres, Deputy Town Clerk Posted at the Avon Town Hall, Avon Recreation Center, and Avon Public Library and published in a newspaper of general circulation in the Town of Avon in accordance with Avon Municipal Code 1.16.010. iED IN THE VAIL DAILY ON FRIDAY. AUGUST 22, 2025. 8CD09 ORD. 25-14 FINAL ORD PASSAGE - Page 2 of 2