TC Packet 05-26-2026_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, May 26, 2026
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or
virtually through Zoom, Zoom registration is on the header at Avon.org
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of May 12, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
5.2. ACTION: Intergovernmental Agreement with the Upper Eagle Regional Water Authority for Water Use Data (Public Works Director Mike Jackson) 6. BUSINESS ITEMS
6.1. ACTION: Development Agreement for The Summit (Town Manager Eric Heil)
7. WRITTEN REPORTS 7.1. Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. May 19 Draft Health & Rec Committee Minutes (Recreation Director Michael Labagh)
7.4. Parks Seasonal Review/Outlook (Recreation Director Michael Labagh)
7.5. Village at Avon Permitting Updates (Director of Engineering Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION
9.1. Executive Session: Personnel Matter Concerning Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F) (Town Manager Eric Heil) 9.2. Executive Session: Personnel Matter Concerning Town Attorney Annual Review Pursuant to CRS §24-6-402(4)(F) (Town Manager Eric Heil)
10. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public
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MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17.
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1. CALL TO ORDER AND ROLL CALL The meeting was held in a hybrid format, in person at Avon Town Hall and virtually via Zoom. Mayor Tamra N. Underwood called the Regular Council Meeting of May 12, 2026, to order at 5:07 p.m. At roll call, Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Deputy Town Attorney Betsy Stewart, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul Redmond, Recreation Director Michael Labagh, Public Works Director Mike Jackson, Engineering Director Eva Wilson, Senior Engineer Will Kearney, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Chief Building Official Derek Place, IT Administrator II Carlos Molina, and Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:07:55 Mayor Underwood opened consideration of the Agenda. She noted that the Intergovernmental Agreement with the Upper Eagle Regional Water Authority for Water Use Data, listed under Consent Agenda Item 5.3, did not include the Agreement as an attachment. As a result, she requested that Item 5.3 be removed from the Consent Agenda. Councilor Thuon moved to approve the Agenda, as amended. Councilor Hardy seconded the motion, which passed unanimously, 7‑0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:55 Mayor Underwood asked whether there were any conflicts of interest related to agenda items. None were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:09:05 Mayor Underwood explained the public comment process, noting that comments could be provided in person, via Zoom, by telephone, or by email. Public comment was limited to items not listed on the agenda, with a three‑minute time limit per speaker and an additional minute at Council’s discretion. Rick Sudekum, a U.S. Highway 6 resident, addressed Council in person and referenced an April 6 Vail Daily article that described the Town of Avon as “scrappy” in its composting efforts. He commended staff for their work on the program, noting that the Town has diverted 1.8 million tons of waste from the landfill and describing the effort as a significant undertaking. Sarah Smith Hymes, an Avon resident, addressed Council in person regarding her candidacy in the upcoming Holy Cross Energy Board election. She explained how to request a ballot and vote, noting that voting begins May 13 and concludes June 10, and encouraged residents to visit the website for additional information. At the invitation of Councilor Stanley, she also provided additional context regarding her reasons for running. Tim McMahon, an Avon resident, addressed Council in person. He stated that Roundabout No. 3 had recently been replaced with sod and questioned the decision to use sod rather than drought‑tolerant landscaping. He also raised concerns about e‑bikes traveling at excessive speeds on the U.S. Highway 6
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bike path and requested increased enforcement. Additionally, he requested a written report on the speed camera program, including discussion by the Police Chief regarding its effectiveness and clarification on data retention periods, whether for several months or up to three years. Councilor Hardy congratulated Mr. McMahon on being named a Vail Valley Partnership Community Impact Award finalist. No additional public comment was received, either in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:19:40 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of April 28, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Record of Decision for MJR26-002 Comfort Inn Remodel (Community Development Director Matt Pielsticker) 5.3. ACTION: Intergovernmental Agreement with the Upper Eagle Regional Water Authority for Water Use Data (Public Works Director Mike Jackson) Councilor Thuon moved to approve the Consent Agenda, as amended to remove Item 5.3. Councilor Hyatt seconded the motion. The motion passed unanimously, 7–0. 6. BUSINESS ITEMS 6.1. RESOLUTION 26-05: Appointing Judge Courtney Holm as Deputy Municipal Judge and Hearing Officer for Town of Avon (Chief of Police Greg Daly and Town Clerk Miguel Jauregui Casanueva) Video Start Time: 00:20:15 Chief of Police Greg Daly and Town Clerk Miguel Jauregui Casanueva introduced the item regarding the appointment of Judge Courtney Holm as Deputy Municipal Judge and Hearing Officer for the Town of Avon under the Automated Vehicle Identification Systems (AVIS) Speed Camera Enforcement Program (SCEP). They invited Judge Holm to join them at the podium to introduce herself and respond to Council questions. At the Mayor’s invitation, Chief Daly responded to public comment from Mr. McMahon. He clarified that Flock Safety camera footage is retained for 30 days, while speed camera citation records are retained for three years in compliance with Colorado law. He further explained that Flock footage associated with an active investigation is retained for up to three years only when connected to such an investigation. Judge Holm described the civil hearing process in which she participates, noting that violations are no‑point infractions and are appealable. She also shared statistics on hearing outcomes since the start of the SCEP. Mayor Underwood opened the floor to public comment, and no public comment was received, either in person or virtually. After brief deliberation, Councilor Brooks moved to approve Resolution No. 26‑05, as presented. Councilor Stanley seconded the motion. The motion passed unanimously, 7-0. Following approval of Resolution No. 26‑05, Town Clerk Jauregui Casanueva invited Court Clerk
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Brenda Torres to administer the oath of office to Judge Courtney Holm as Deputy Municipal Judge and Hearing Officer for the Town of Avon under the Automated Vehicle Identification Systems (AVIS) Speed Camera Enforcement Program (SCEP). 6.2. ACTION: Health & Recreation Committee Interviews & Appointments (Recreation Director Michael Labagh) Video Start Time: 00:30:55 Recreation Director Michael Labagh outlined the Health and Recreation Committee interview and appointment process, noting that five vacancies became available in March 2026 and that Council may appoint up to five members. He stated that six applications were received and encouraged Council to select up to five candidates. He recommended interviewing applicants in the order received: Gregg Cooper (in person), Lisa Post (in person), Kathy Ryan (in person), Kathleen Walsh (in person), Michael Lindholm (in person), and Mildred Soza Torrez (virtually). Following the interview process, Council cast votes for up to five candidates as follows: 1. Councilor Chico Thuon voted for Gregg Cooper, Kathy Ryan, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez. 2. Mayor Pro Tem Rich Carroll voted for Gregg Cooper, Lisa Post, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez. 3. Mayor Tamra N. Underwood voted for Gregg Cooper, Lisa Post, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez. 4. Councilor Gary Brooks voted for Gregg Cooper, Lisa Post, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez. 5. Councilor Ruth Stanley voted for Gregg Cooper, Lisa Post, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez. 6. Councilor Lindsay Hardy voted for Gregg Cooper, Lisa Post, Kathy Ryan, Kathleen Walsh, and Michael Lindholm. 7. Councilor Kevin Hyatt voted for Gregg Cooper, Lisa Post, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. Town Clerk Jauregui Casanueva tallied the Council votes as follows: Gregg Cooper received 7 votes; Lisa Post received 6 votes; Kathy Ryan received 2 votes; Kathleen Walsh received 7 votes; Michael Lindholm received 7 votes; and Mildred Soza Torrez received 6 votes, for a total of 35 of 35 votes cast by Council. Councilor Stanley moved to appoint Gregg Cooper, Lisa Post, Kathleen Walsh, Michael Lindholm, and Mildred Soza Torrez to the Health and Recreation Committee for two-year terms. Councilor Hyatt seconded the motion. The motion passed unanimously, 7–0. 6.3. ACTION: Development Agreement for The Summit (Town Manager Eric Heil) Video Start Time: 01:05:25
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Town Manager Eric Heil presented the Development Agreement for The Summit apartment project on Lot B, along with related agreements necessary for its full implementation. Don Simpson, representing the developer, was present in person to answer Council questions. Wednesday Lida, legal counsel, and Alan Simpson and Kevin Fults of the developer’s team were also present. Council questions focused on parking, SFEs, affordability, and project costs. Councilor Hardy asked whether parking spaces were included in the Development Agreement; Town Manager Heil clarified that parking is addressed in the deed restrictions and Parking Management Agreement, and indicated he believed the deed restrictions were the appropriate location. Councilor Hardy stated it should be included in all three. She also raised concerns regarding the availability of surplus SFEs for this and other community housing projects; Town Manager Heil responded that he would provide a spreadsheet to Council showing current SFE allocations. Councilor Hardy inquired about the difference between providing 16 units at 120% AMI versus 14 units at 100% AMI; Town Manager Heil stated that achieving 16 units at 100% AMI would require approximately $730,000 in additional funding. Councilor Hardy expressed concern that reducing the number of units would diminish community benefit and suggested the units remain and be offered to other community stakeholders. She also questioned the basis for the $6 million allocation for community space; Town Manager Heil stated he had not yet reviewed the underlying costs. Councilor Hardy recommended that staff use comparable projects to validate the cost of the commercial space. Mayor Pro Tem Carroll raised questions regarding the Development Agreement. He asked for details on the $6 million prepayment penalty referenced on page 61; Town Manager Heil stated he would need to confirm, as the provision remains under negotiation. Referring to page 71 of the Development Agreement, he asked whether the developer owns the property; Don Simpson confirmed they do not, and stated that closing is anticipated to occur concurrently with the start of construction following finalization of the Development Agreement and financing. Mayor Pro Tem Carroll suggested the documents should reflect that the developer is under contract. He also inquired about the timing of the Town’s $10 million contribution, noting a prior understanding that funding would be contributed at project completion, whereas the current materials indicate it would be a condition for the developer to secure construction financing. Councilor Brooks asked whether Lot B falls within the Riverfront Metro District and requested background information. Mayor Underwood raised concerns regarding the Development Agreement, noting the absence of specific dates and reliance on milestones rather than defined timelines. Town Manager Heil acknowledged the concern, stating it was not intended as an oversight and that he would work with the developer to incorporate a project schedule and provisions addressing delays. Mayor Underwood also asked about ownership of the circular area on the south side of the building adjacent to Town Hall; Town Manager Heil stated it would be dedicated to the Town. She concurred with Councilor Hardy that parking should be addressed consistently across all related documents. Additionally, she requested clarification on fee waivers, asking Town Manager Heil to explain the 13.1% fee waiver. Mayor Underwood opened the floor to public comment. Tim McMahon, an Avon resident, addressed
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Council in person and expressed concern regarding the Town’s $10 million financial contribution to the developer. No additional public comment was received, either in person or virtually. Councilor Thuon asked about the timing of the Town’s $10 million contribution relative to the developer’s $40 million investment and what protections would be in place for the Town’s funds. Town Manager Heil stated that these details have not yet been fully developed and that a repayment waterfall has not been established. Don Simpson added that the project includes a completion guarantee and that his company will demonstrate financing commitments for the $40 million. Mayor Pro Tem Carroll requested additional information regarding utilities and expressed support for Councilor Hardy’s suggestion to maintain 16 units with a mix of AMI levels. He thanked staff and the development team for their work over the past month. He stated that he would like more detail on the developer’s $40 million financing to better evaluate the Town’s $10 million contribution, particularly given the timing of that investment. He indicated he may be able to support the project with additional information but was not prepared to do so at this time. He emphasized the importance of advancing the project while ensuring responsible stewardship of public funds. Councilor Brooks requested additional detail on the $6 million cost, including a breakdown on a price-per-square-foot basis. He also asked whether the Town could utilize a letter of credit as a legal obligation in lieu of an upfront $10 million contribution to support project financing and suggested staff explore that option. Regarding engineering details, he referenced the heat recovery system, noting it is proposed to extend through the parking structure to West Beaver Creek Boulevard near Sun Road. He also expressed uncertainty as to whether the associated road improvements would require an extension to West Beaver Creek Boulevard. Mayor Pro Tem Carroll asked how the heat recovery system factors into the Town’s Energy Efficiency Opportunity Plan (EEOP). Town Manager Heil stated he would return with additional information regarding the applicable calculations. Councilor Hardy stated she would like the Development Agreement and related documents to consistently reflect parking requirements, and requested the SFE documentation to clarify water availability. She expressed skepticism regarding the $6 million allocation for commercial space, noting a perceived imbalance compared to the $4 million for community housing, and raised concerns about the alignment of these costs with the Town’s proposed $10 million contribution. She agreed with Mayor Pro Tem Carroll’s concerns regarding responsible stewardship of public funds. Councilor Hardy further noted competing Town priorities, including deferred Recreation Center improvements, and expressed concern about allocating funds to this project over other initiatives, such as prior work on the old firehouse site. She indicated it would require substantial additional information to support the project. She also stated that, based on preliminary figures, the Town could invest approximately $4 million through the MiCasa program to acquire and deed-restrict approximately 44 existing units, compared to 14–16 units proposed in the project. Councilor Stanley expressed concern with allocating any funds at this time and indicated she is not
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comfortable with the cost of the community space either, particularly given unknown expenses and other urgent priorities, such as Recreation Center needs. She also cautioned that the Town may be overextending its resources. Councilor Hyatt echoed concerns raised by other Council members, including those related to SFEs and consumptive use. He also expressed concern about the timing of the Town’s $10 million contribution, noting that those funds may have greater impact if allocated to other priorities, such as the Recreation Center. He stated he is not opposed to the project and could be persuaded with additional information, but cautioned against diverting focus to what he described as a “shiny object.” Councilor Thuon emphasized the importance of advancing development in the Town Core, noting it is a longstanding Town priority and should not be characterized as a “shiny object.” He acknowledged the significant effort already invested and expressed support for identifying mechanisms, such as a letter of credit or similar tool, to allow the project to move forward without undermining its viability. Town Manager Heil stated that the Town does not currently have $10 million available and explained that the purpose of the URA and DDA is to generate and invest funds in the downtown area. He indicated that Councilor Hardy’s comments regarding housing were valid and reiterated his philosophy of providing housing within Avon, acknowledging that the cost per unit is high but noting the project’s central location near the gondola contributes to housing diversity. He also acknowledged the validity of Council’s concerns. He described the proposed community space as a significant investment and stated that staff must determine how to deliver something bold and unique, noting this may be a final opportunity to activate the pedestrian mall with a $6 million investment if that is a Council priority. Councilor Thuon noted that the project would address existing blight in the area and stated that eliminating those conditions provides intrinsic value. Mayor Pro Tem Carroll referenced page 60 of the Development Agreement and requested that it be reviewed at the next meeting. He stated that achieving the $10 million contribution is contingent on project approval and noted that a portion of the funding would be derived from the tax increment generated by the project. Mayor Underwood stated she would provide detailed comments on the Development Agreement and reiterated her enthusiasm for the project as a neighbor to Town Hall, particularly noting the value of the 16 units and other public benefits. She expressed concern that the proposed 4,000 square feet of community space has consumed focus at the expense of other benefits, stating it is too large and too costly. She noted that approximately $3 million in interest to finance this space, without a defined use, presents risk and requires identification of potential users. She cautioned that prioritizing the community space has placed other benefits, including the 16 units, at risk. Mayor Underwood expressed concern with reducing the number of units from 16 to 14 and stated she would not support a further reduction to 11, indicating a preference to maintain 16 units. She questioned the rationale for borrowing funds to construct commercial space and stated that current
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priorities are misaligned, including in staff memoranda. While acknowledging support from DDA, CASE, staff, and a majority of Council for the community space, she stated she does not support that approach and prefers prioritizing housing. She asked whether the developer could modify the project to reduce and appropriately scale the commercial component. Town Manager Heil asked Council to consider whether to proceed with the 4,000 square feet of commercial space previously identified as a public benefit. Mayor Underwood questioned how it could be structured to function as a public benefit. Councilors Hardy and Hyatt volunteered to work with staff to evaluate options to achieve that objective. Don Simpson stated that the project would generate additional tax revenue to support Recreation Center repairs and other future projects, while noting the overall complexity of the development, including parking. Following deliberation, Councilor Thuon moved to continue consideration of The Summit Development Agreement to May 26, 2026. Councilor Brooks seconded the motion. The motion passed unanimously, 7–0. With unanimous support from Council, Mayor Underwood declared a 10‑minute recess at 7:59 p.m. Council reconvened at 8:10 p.m. 6.4. ORDINANCE 26-06: First Reading Construction Noise Regulations (Community Development Director Matt Pielsticker) Video Start Time: 02:59:25 Community Development Director Matt Pielsticker presented the first reading of Ordinance No. 26‑06, adopting construction noise regulations. He noted recent complaints related to construction noise at the Bosc Apartments and explained that the item, previously on hold for approximately one year, is being revisited. He stated the ordinance addresses a gap in the code by establishing decibel standards consistent with Colorado regulations. Council questions included Mayor Underwood asking whether the Town may adopt standards less restrictive than state law; the Town Attorney advised that the Town may only match or be more restrictive than state standards. Councilor Thuon emphasized the importance of communication with residents regarding construction noise, which Director Pielsticker acknowledged. Mayor Pro Tem Carroll asked about enforcement procedures and the frequency of such violations. Councilor Hardy referenced enforcement practices in Aspen, including the use of sound baffles, and expressed concern regarding the need for sound barriers. She commented that an 80‑decibel limit reflects an industrial maximum and noted the impact of topography on noise. She reiterated the importance of communication and requested clarification of Section 8.44.040(d) on page 156 regarding permitted hours, stating the language was unclear. Mayor Underwood opened the floor to public comment. Kathleen Walsh, an Avon resident, addressed Council in person and stated she has experienced construction noise outside of business
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hours. She asked how to report concerns, noting reluctance to use 911, and added that pile driving at the Bosc Apartments caused noticeable vibration. No additional public comment was received, either in person or virtually. Council comments included Mayor Pro Tem Carroll stating he was uncertain whether the proposed ordinance would address the issues experienced at the Bosc Apartments and questioned whether the 80‑decibel threshold is appropriate. He expressed concern that without additional information, the ordinance may be overly restrictive without resolving the underlying issue, and emphasized the need for clearer regulation of construction hours. Mayor Underwood suggested incorporating expectations of contractor communication and neighborliness, stating that developers, rather than the Town, should notify nearby residents of disruptive activities. She indicated general support for the ordinance framework, as it aligns with state law, but recommended additional provisions to limit construction activity to defined hours. Councilor Brooks supported limiting the hours of high‑impact activities such as pile driving but noted that such restrictions may extend project timelines and increase costs. He suggested improved communication may help manage neighborhood expectations, similar to practices used for dust control. Councilor Hardy proposed a tiered approach to allowable noise levels, suggesting 60 decibels from 7:00 a.m. to 9:00 a.m., 80 decibels from 9:00 a.m. to 5:00 p.m., and reduced levels again from 5:00 p.m. to 7:00 p.m. She also referenced concerns regarding supersonic devices. Mayor Pro Tem Carroll requested more proactive involvement from Code Enforcement, and Director Pielsticker noted that the non‑emergency reporting line is the preferred method for faster response. Following deliberation, Councilor Hyatt moved to continue the first reading of Ordinance No. 26‑06 to June 9, 2026. Councilor Hardy seconded the motion. The motion passed unanimously, 7–0. 6.5. PUBLIC HEARING: ORDINANCE 26-08: Second Reading Amending Chapter 10.28, “Vehicle Registration” and Repealing Chapter 10.32, “Driver Licenses” of the Avon Municipal Code (Chief of Police Greg Daly) Video Start Time: 03:36:35 Chief of Police Greg Daly introduced the second reading of Ordinance No. 26‑08, amending Chapter 10.28, “Vehicle Registration,” and repealing Chapter 10.32, “Driver Licenses,” of the Avon Municipal Code. Council had no questions. Mayor Underwood opened the public hearing, and no public comment was received, either in person or virtually. The public hearing was closed with no Council deliberation. Councilor Brooks moved to approve the second reading of Ordinance No. 26‑08, as presented. Councilor Stanley seconded the motion. The motion passed unanimously, 6–0, with Councilor Thuon absent from the room at the time of the vote.
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6.6. PUBLIC HEARING: ORDINANCE 26-05, Second Reading: Wildfire Code Updates CTA 26-002 Code Text Amendment (Planning Manager Jena Skinner) Video Start Time: 03:39:40 Planning Manager Jena Skinner presented the second reading of Ordinance No. 26‑05, adopting wildfire code updates (CTA 26‑002 Code Text Amendments). Council questions included Mayor Pro Tem Carroll asking about the number of residential construction-related incidents over the past five years. He thanked staff for their work on the ordinance. Mayor Underwood opened the public hearing, and no public comment was received, either in person or virtually. Following closure of the public hearing, Council members acknowledged the work of staff, including Ms. Skinner. After brief deliberation, Councilor Stanley moved to approve the second reading of Ordinance No. 26‑05. Councilor Hyatt seconded the motion. The motion passed unanimously, 7–0. 6.7. NOTICE OF AWARD: East Harry A. Nottingham Park Restrooms Project (Senior Engineer Will Kearney) Video Start Time: 03:44:25 Senior Engineer Will Kearney introduced the Notice of Award for the East Nottingham Park Restrooms Project. Council questions included whether the Green Flush group met the May deadline and what lessons were learned. Mayor Pro Tem Carroll asked for clarification on project warranties; staff indicated a two‑year warranty period begins upon project acceptance following third‑party inspection. Councilor Hardy asked why a modular approach was selected instead of stick‑built construction, and Town Manager Heil explained it was due to cost considerations. She also asked whether liquidated damages were included; Town Attorney Betsy Steward stated those provisions remain under negotiation. Mayor Underwood opened the floor to public comment, and no public comment was received, either in person or virtually. After brief deliberation, Mayor Pro Tem Carroll moved to authorize issuance of a Notice of Award for construction of the East Nottingham Park project to MacAllister Construction in the amount of $1,001,384.42, as approved in the Town of Avon 2026 Capital Improvements Fund, and to approve the Independent Contractor Agreement with Rocky Mountain Custom Landscapes for landscape installation at an estimated cost of $100,052.87. Councilor Hyatt seconded the motion. The motion passed unanimously, 7–0. 7. WRITTEN REPORTS
7.1. 2025 Recreation Department Annual Report (Recreation Director Michael Labagh) 7.2. Update on Fire Mitigation 2026 Scope of Work (Public Works Director Mike Jackson) 7.3. Food Truck Program Update (Senior Special Events Coordinator Chelsea Van Winkle)
7.4. Speed Cameras Update (Chief of Police Greg Daly)
7.5. Avon-Beaver Creek Summer Connector Bus Update (Mobility Director Jim Shoun)
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8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:53:30 Mayor Underwood referenced Written Report Item 7.4 (pages 312–315 of the packet), noting it includes a detailed report from Chief Daly on the AVIS camera program and serves as a useful resource for program information. Councilor Thuon asked about maintenance of the Walgreens property, inquiring whether it is performed by a third party and noting the need for improved cleaning and upkeep. Mayor Underwood highlighted Avon Cleanup Week, noting it is ongoing through the week, with an online form available at avon.org through Saturday, May 16. She invited Sustainability Coordinator Ineke de Jong to provide details on the Sustainability Fair scheduled for Saturday, May 16, from 11:00 a.m. to 2:00 p.m. at the Sun and Ski parking lot, including a hard‑to‑recycle collection event. Councilor Stanley reported on the High Five Access Media strategic planning retreat held the prior week, where participants worked on a five‑year plan and discussed long‑term goals, including youth programming, describing the process as creative. Councilor Hardy recognized the Avon Police Department’s participation in the Torch Run with Special Olympics athletes, including Al Zepeda and Brenda Torres. She also noted the upcoming Vail Valley Partnership Success Awards and encouraged Council participation, highlighting local finalists Ian Grask and Tim McMahon, as well as CORE Transit, and acknowledged Mayor Pro Tem Carroll’s leadership as board chair. Mayor Pro Tem Carroll commended Public Works for prompt trash pickup service, based on his personal experience, and noted the upcoming CORE Transit monthly meeting tomorrow, May13, from 12:00 p.m. to 2:00 p.m., recognizing Tanya Allen for her contributions. [REMAINDER OF PAGE LEFT BLANK]
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9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 09:14 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood ___________________________________
970-331-2405 mjackson@avon.org
TO: Honorable Mayor Underwood and Council Members FROM: Mike Jackson, Public Works Director RE: IGA - Water Use Data Sharing DATE: April 30, 2026
SUMMARY: Staff requests Council approval of an Intergovernmental Agreement (IGA) with the Upper Eagle Regional Water Authority (“Water Authority”) to allow the Town access to limited water use data for properties within town limits. The agreement is in anticipation of a possible future water resource ordinance. The Town Attorney’s office has reviewed and approved this agreement. BACKGROUND: The Authority owns and operates the public water system serving properties within the Town of Avon and collects monthly water use data as part of its billing system. Under the Town’s adopted landscaping and water management regulations, properties are subject to maximum irrigation and landscape water use limits. To effectively administer and enforce these regulations, the Town requires access to certain customer water use data maintained by the Authority. The IGA establishes the legal framework governing how that data is shared, protected, and used for limited governmental purposes. PURPOSE AND USE OF DATA: Under the proposed IGA, the Authority will provide the Town with water use data for Avon customers whose usage falls within the highest use Tiers 3, 4, and 5, which typically indicate water use beyond what is reasonably necessary. The data will be used exclusively to:
• Enforce the Town’s Water Resource and Landscaping Ordinances
• Monitor activity and compliance related to the Traer Creek Water Bank
• Verify compliance with development agreements and approvals that establish maximum landscaping or irrigation water use obligations The agreement expressly limits the data to the minimum necessary, restricts redistribution, and requires the Town to maintain confidentiality and comply with the Colorado Open Records Act. FISCAL IMPACT: There is no direct fiscal impact associated with approval of this IGA. The agreement supports more effective enforcement and monitoring of existing regulations and agreements. RECOMMENDATIONS: Staff recommends that Council approve the IGA between the Town of Avon and the Upper Eagle Regional Water Authority for water use data sharing. PROPOSED MOTION: “I move to approve the Water Use Data Sharing Agreement with Upper Eagle Regional Water Authority.” Thank you, Mike ATTACHMENT A: Data Sharing Agreement
4904-3609-2066, v. 1
DATA SHARING AGREEMENT
This Data Sharing Agreement (“Agreement”) dated this ____ day of _____, ______ is between the Upper
Eagle Regional Water Authority, a quasi-municipal corporation and political subdivision of the State of Colorado
(the “Authority”), and the Town of Avon, a municipality of the State of Colorado (the “Town”), collectively referred
to as the “Parties.”
RECITALS
A.The Authority owns the public water system (the “System”) serving the Town’s boundaries.
B.Pursuant to Section 7.28.050(c)(1) of the Town of Avon Municipal Code (“Landscaping Code)”,
properties within the Town are subject to a landscape design irrigation budget which imposes a
maximum amount of water that may be used for irrigation.
C.The Authority collects and maintains customer water use data through its monthly billing
system under a five-tier use structure. Customers in the highest tiers—Tiers 3, 4, and 5—
typically use water beyond what is reasonably necessary to establish and maintain a healthy
landscape and may exceed the Town’s approved irrigation budget.
D.Water use data is necessary for enforcement of the Landscaping Code and ensure water used
on irrigated landscaped areas remains within the required watering budget.
E.The Town is a member of the Authority, and for purposes of water use data, the Authority serves
in a role functionally equivalent to a water department for the Town.
F.The Town requires access to certain water use data to verify compliance with the Landscaping Code.
G.The Parties intend to enter into this Agreement to establish the scope of sharing such data for the
specific governmental purpose set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the Authority
and the Town agree as follows:
ARTICLE I
USE OF DATA
1.1 Water Use Data. To ensure compliance with the landscape design irrigation budgets set
forth under the Town’s Landscaping Code, the Town has requested access to the following water use data
for Authority customers located within the Town boundaries (“Avon Customers”) whose water use falls within the
Authority’s Tier 3, Tier 4, or Tier 5 water use tiers, as established by the Authority’s Schedule of Rates, Charges,
and Fees: account name, service address, and total metered consumption (“Water Use Data,” collectively). The
Parties agree that the Water Use Data shared under this Agreement will be limited to the minimum necessary to
accomplish the goal of assisting with compliance with the Landscaping Code.
1.2 Billing Period and Winter Period Data. If an Avon Customer’s water use reaches Tier 3, Tier 4, or
Tier 5 during any billing period, the Authority will provide Water Use Data pertaining to the Avon Customer’s water
use during that billing period. The Authority will also provide the Avon Customer’s Water Use Data for the four-
month winter period of December 2025 through March 2026 (“Winter Period Data”) for the sole purpose of
establishing an average indoor, non-irrigation baseline for purposes of evaluating irrigation use.
1.3 Limitations on Water Use Data. Except for irrigation-only accounts, the Authority’s Water
Use Data does not distinguish between indoor and outdoor water use. The Town shall be solely responsible
for evaluating irrigation use to enforce the Landscaping Code. The Authority does not determine, represent, or
warrant that the Water Use Data reflects outdoor water use or whether any customer has exceeded a landscape
design irrigation budget or violated any provision of the Landscaping Code. All compliance determinations shall be
made solely by the Town. The Town shall not use the Water Use Data for unrelated code enforcement purposes,
general investigations, or any purpose other than that expressly authorized in this Agreement. The Town shall not
disclose the Water Use Data to any third party without prior written consent of the Authority.
ATTACHMENT A
4904-3609-2066, v. 1
1.4 Data Delivery. The Authority shall transmit the Water Use Data by email to the
representative designated by the Town on a schedule mutually agreed upon by the Parties. The format of
the Water Use Data shall be determined by the Authority.
1.5 Authorized Uses. The Town is granted a nonexclusive license to use the Water Use Data for the
term of this Agreement, provided the Town remains in compliance with its terms and conditions. The Town may
use the Water Use Data in the form provided by the Authority solely for its own governmental purposes and for no
other purpose without the Authority’s prior written consent. The Town may modify the Water Use Data or
incorporate it into other databases as necessary to carry out its legitimate governmental functions.
1.6 Unauthorized Uses. The Town shall not use the Water Use Data on behalf of any other
individual, organization, corporation, government entity, or any other third party, and shall not duplicate, sell,
redistribute or disclose the Water Use Data to any third parties. The Town shall not license, sub-license, assign,
lease, release, publish, transfer, sell, permit access to, distribute, allow interactive rights to, or otherwise make
available the Water Use Data or any part therefore in any form or media without the express written permission of
the Authority. The Town agrees to notify its employees, agents, and any contractors of the restrictions contained
in this Agreement and to ensure the compliance of such persons with said restrictions.
1.7 Colorado Open Records Act. The Parties acknowledge that the Water Use Data may be
subject to disclosure limitations set forth in the Colorado Open Records Act, § 24-72-200.1 et seq., C.R.S.
(“CORA”). The Parties further acknowledge that the Water Use Data is shared pursuant to this Agreement for
a limited governmental purpose and is not intended to constitute public disclosure of such information.
Nothing in this Agreement shall be construed to limit either Party’s obligations under CORA, and each Party
shall respond to requests for records in its custody in accordance with applicable law. The Town shall
maintain the Water Use Data as confidential and shall deny, upon prompt notification to the Authority, any
request for disclosure of the Water Use Data under CORA or otherwise.
1.8 Data Security. The Town agrees to take all necessary and reasonable steps to ensure Water
Use Data is not disclosed, duplicated or made accessible in whole or in part for the use of others. The Town
agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell,
disclose or otherwise make the Water Use Data available to others. The Town agrees to immediately notify the
District in writing if the Town becomes aware of any unauthorized duplication, sale or other disclosure. The
Town further agrees to prevent unauthorized disclosure by taking appropriate security measures to protect
information, data or other tangible and intangible property of its own that the Town regards as proprietary,
confidential or nonpublic.
1.9 Compliance with Laws. The Town shall at all times observe all applicable federal, state and local
laws, ordinances and rules and regulations issued pursuant thereto, which in any manner affect or govern the
rights and obligations arising from this Agreement. The Town understands and agrees that any illegal use of the
Water Use Data by the Town, or by any person who obtains the water use data or any part thereof from or through
the Town, whether by lawful or unlawful means, constitutes a material breach of this Agreement by the Town and
is likely to cause irreparable harm to the Authority.
ARTICLE II .
TERM AND TERMINATION
2.1 Term of Agreement. The term of this Agreement shall be ___________, 20__ through
December 31, 2026. This Agreement may be renewed for additional one-year terms by written agreement
of the Parties.
2.2 Termination. This Agreement may be terminated by either Party at any time through written notice.
4904-3609-2066, v. 1
ARTICLE III .
WARRANTIES
3.1 No Warranty. The Water Use Data provided by the Authority is made available to the Town subject
to the following limitations and restrictions:
(a) The Authority provides the Water Use Data without any warranty or representation as to its
accurateness or fitness for any use, including the Town’s intended use. The Town is solely responsible for
the use of the Water Use Data and the results or consequences obtained from the Town’s use of the Water
Use Data.
(b) The Authority disclaims any other warranties, express or implied, respecting this Agreement
or the Water Use Data.
ARTICLE IV .
INDEMNIFICATION AND IMMUNITY
4.1 Nothing herein shall be construed to waive or limit any right or defense available to either Party
under the Colorado Government Immunity Act, §24-10-101, et seq., C.R.S, and each Party shall be responsible for
its own acts and omissions in connection with this Agreement.
4.2 To the extent permitted by law, the Town shall indemnify and hold harmless the Authority and their
respective elected and appointed officials, employees, agents, and attorneys, from and against any and all claims,
damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to (i) the
Town’s receipt, use, or disclosure of the Water Use Data, or (ii) the Authority’s release of the Water Use Data to the
Town pursuant to this Agreement.
ARTICLE V . GENERAL TERMS AND CONDITIONS
5.1 Amendment of Agreement The terms and provisions of this Agreement may be amended by
mutual agreement of the Parties.
5.2 Amendment or Repeal of Applicable Code. If, during the Term of this Agreement, the Town
amends, repeals, or otherwise modifies any provision of the Code in a manner that materially affects the scope of
the Town’s use of the Water Use Data for enforcement of the Code, the Town shall promptly provide written notice
to the Authority. Upon such notice, the Town and the Authority shall negotiate in good faith any necessary
amendments to the Agreement.
5.3 Invalidity and Severability. Notwithstanding the foregoing, if any provision of this Agreement, or its
application to any person or circumstance, is held invalid, illegal, or unenforceable, the remainder of this Agreement
shall not be affected and shall be enforced to the fullest extent permitted by law.
5.4 Governing Law. This Agreement shall be governed by and interpreted pursuant to the laws of the
State of Colorado, excluding its choice of laws rules, and applicable federal law.
5.5 Waiver. No waiver of any breach or violation of this Agreement shall constitute a waiver of any
subsequent breach or violation, whether of the same or any other covenant, term or condition. Subsequent
performance of any of the terms, covenants or conditions of this Agreement shall not constitute a waiver of any
preceding breach or violation, regardless of the other Party’s knowledge of the preceding breach or violation at the
time of subsequent performance. The delay or omission of any Party’s exercise of any right arising from any
default shall not affect or impair the Party’s rights regarding the same or future default.
5.5 Assignment. The Town shall not assign, sublet or transfer this Agreement or its rights or
obligations created hereunder, whether in whole or in part, without the prior written consent of the Authority. Any
attempt to assign, sublet or transfer this Agreement without prior written consent shall be void and of no force and
4904-3609-2066, v. 1
effect, and the Agreement shall immediately terminate.
5.6 Correspondence. Correspondence regarding this Agreement or the Water Use Data shall be
directed to the Authority and the Town at the addresses following the signatories to this Agreement.
5.7 Survival of Provisions. All obligations and warranties in this Agreement that by their sense and
context are intended or reasonably construed to survive the performance of this Agreement, shall so survive the
completion of performance and termination or cancellation of this Agreement.
5.8 Counterparts, Electronic Signatures and Electronic Records. This Agreement may be executed
in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and
the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may
be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S.
Acknowledged and agreed to this ____ day of _____________, 20____
TOWN OF AVON UPPER EAGLE REGIONAL WATER AUTHORITY
By:
By:
Name: Eric Heil Name:
Title: Town Manager
100 Mikaela Way
Avon, Colorado 81620
Title:
Notice Address: ___________________________
___________________________________________
___________________________________________
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
970.748.4004 eric@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: The Summit Development Agreement DATE: 5/22/2026
SUMMARY: This report presents revisions to the Development Agreement for The Summit apartment project on Lot B along with revisions to the Escrow Agreement and Parking Management Agreement. Council reviewed the Development Agreement and related documents at its last regular Council meeting on May 12, 2026. Final action on this Development Agreement on June 9th is anticipated and recommended because I will not be available for June 23rd Council meeting and Council does not meet again until July 28. Please see the May 12, 2026 Report and Council packet materials for a complete review of all documents.
REVISIONS TO THE DEVELOPMENT AGREEMENT: The Development Agreement defines both the obligations of the developer (“Owner”) and obligations of the Town of Avon (“Avon”). Revisions to the Development Agreement include the following:
1. Revision to specify 16 Additional Community Housing Units which will be restricted to 100% AMI maximum rent.
2. “Development Costs” is a new definition which defines Development Costs to be inclusive of costs in addition to direct construction costs.
3. IV.D. Milestone Dates were added to specify that the Building Permit must be obtained no later than September 15, 2026, and Construction Completion is scheduled for December 31, 2030. NOTE: Construction Completion in 2030 would result in a delay in the creation and recognition of the full valuation by two years and could result in an overall reduction of projected revenues of $700,000 to $800,000 during the remaining term of the Avon URA. A December 31, 2029 Completion Date would result in in an overall reduction of projected revenues of $350,000 to $400,000. The revenue projections through the remaining initial 30 year duration of the Avon Downtown Development Authority indicates a positive balance of $2.9M of revenues over costs.
4. Parking Management Plan Agreement. A Parking Management Plan Agreement has been drafted as an agreement between Town of Avon and Owner which parallels the Parking Management Plan between The Summit and the Avon Center owners association. This satisfies one of Council’s conditions for approval of The Summit Development Plan to have a parking management plan where the Town of Avon is a party and has a right to enforce the parking plan. This is shown in the ATTACHMENT A as fully redlined because it is a new agreement, even though similar to the existing agreement between Grand Peaks and Avon Center.
5. Rents, Parking. VI.D. includes revisions to clarify that the determination of maximum rent for Deed Restricted units includes cost of electric, gas, water, sewer, trash and that each Deed Restricted unit shall have one parking space assigned at no additional cost.
6. VIII.C. Tax and Fee Waivers. Additional language was added to clarify that the tax and fee waiver calculation shall be adjusted if the total number of Deed Restricted units changes.
7. VIII.E. Avon Financial Contribution was revised to contemplate 16 Additional Community Housing Units and to specify that the additional $1,840,000 in funds above $4M will be due and payable at the
Page 2 of 7
time of issuing a Certificate of Occupancy. The request to Eagle County for a partnership contribution will be increased from $1,110,000 to $1,475,000 and Avon would be required to contribute and additional $365,000 at the time a Certificate of Occupancy is issued. Eagle County cannot make a legal commitment today because it would appropriate funds in the year in which the building is to be completed (2028 or 2029). If Eagle County did not make this contribution then the Town of Avon could appropriate the entire funds to secure all 16 Additional Community Housing Units. Language was added to require the Town of Avon to contribute its total financial contribution of $10M by December 31, 2026, which coincides with the September 15, 2026 Building Permit date.
NOTE: Ideally, a building permit will be obtained in August and loan documents will be presented for Council approval in September to close on financing in late September or October.
8. VIII.E.3. Release of Funds. Negotiations with the Owner have resulted in a proposal to stagger the release of funds so that the entire $10M financial contribution from the Town is not released at $40M in Development Costs (estimated 31% completion). Consideration was given to the Use Tax payment to be paid by the Owner at Building Permit along with the remainder of the $4M initial contribution for Additional Community Housing Units will NOT require the Town to take out a loan, therefore the releasee of these funds are proposed to be earlier. The Owner has proposed that the release of the remaining $6M in funds can be later in the project completion, but will create additional interest costs for the Owner in relationship to construction financing. The Owner is proposing that the interest accrued while these funds are in the Escrow Account be credited to the Owner and released with the principle amount. The anticipated interest rate is 3% for the funds in the Escrow Account. The estimated time of accrual is 1 year for the 1st $3M release of funds and 2 years for the second and last $3M release of funds, which would result in $90,000 in interest for the 1st $3M and $180,000 for the 2nd $3M, for an estimated total interest of $270,000 to be included with the release of $6M. The Town has not included the interest on the $6M loan proceeds that are placed into the Escrow Account as part of the project revenues. The summary of release of funds is below.
NOTE: I believe it is preferrable for the Town’s $6M financial contribution for the Community Space to remain in the Escrow Account longer, to be released when the project is mostly built, and to allow the accrued interest to be included with the funds released, rather than to release the funds earlier.
Dollar Amount Released
Development Cost Estimated Percentage Completion
$2,000,000 $12,000,000 10%
$2,000,000 $24,000,000 20%
$3,000,000 + interest $91,000,000 70%
$3,000,000 + interest $110,000,000 85%
TOTAL $10,270,000
Page 3 of 7
CIVIC PLAZA EASEMENT: The boundaries of the Civic Plaza Easement have been staked-out and are more than adequate for the proposed Civic Plaza development.
COMMUNITY SPACE/COMMERCIAL SHELL: Councilors Kevin Hyatt and Lindsay Hardy were able to meet with me for a preliminary introduction and overview of the commercial shell space and ideas on how use and programming related to interior layout and finishing. I do not believe these details will be finalized before approving a Development Agreement. The specifications for the commercial shell space, including identifying locations for plumbing, mechanical, electrical, trash chute, doors and windows will be finalized before issuance of a building permit. I have proposed revisions to Exhibit C: Community Space to better define the area to be constructed (which is partially on Town of Avon property) to better define the area to be conveyed to Avon on the Owners property once the commercial shell is condominimized. I am also discuss the most practical dividing line for Town of Avon ownership and responsibility with the patio, landscaping and Lettuce Shed Plaza.
PUBLIC IMPROVEMENTS AGREEMENT: No changes have been made to this agreement since May 8, 2026. The Public Improvements Agreement follows Avon’s template but deleted the requirement of additional independent security due to the limited scope of public improvements and the requirement to complete the improvements before issuance of a Certificate of Occupancy.
ESCROW AGREEMENT: Revisions to the Escrow Agreement to track the Schedule of Release of Funds are included and show in this version of the Development Agreement, Exhibit I: Escrow Agreement.
WATER ASSIGNMENT FROM AVON WATER PORTFOLIO: Avon’s water rights portfolio consists of water rights which are leased to the Upper Eagle Regional Water Authority (“UERWA”). The lease agreements include guarantees to serve a specific number of Single Family Equivalents (“SFEs”). A SFE is the assumed water required for a residential property up to 3,000 square feet, that contains a kitchen facility. In 2005 Avon renegotiated the lease agreement for the administration of all Avon’s water rights with UERWA. During this process Avon completed an analysis of water consumption, existing zoning, and future water demand. The analysis resulted in an agreement with UERWA that now includes a commitment to serve 5,282.45 SFEs. Water accounting for SFEs based on zoning (served + future development) totals 4,927.8 SFEs, which results in 354.65 “unassigned” SFEs. The unassigned number does NOT include projects that have been underdeveloped and are unlikely to add significant density. For example, the Riverfront PUD contains 125 less Dwelling Units than zoned. This means we anticipate a surplus of 200+ SFEs in addition to a full build-out scenario for all existing properties under current zoning.
Recent land use plans and approvals contemplate using additional SFEs:
• Lot 3, Sheraton Mountain Vista (67 SFEs additional),
• The Summit (50.6 SFEs additional).
• Slopeside (103 SFEs additional1),
• Sun Road redevelopment (77 SFEs additional1) .
• 91 Beaver Creek Place (9 SFEs additional1)
• Wildwood Annex Condos (12 SFEs additional1)
• Hidden Valley Estates (47 SFEs2)
• CH1 Habitat (24 SFEs3)
• CH2 Avondale (40 SFEs3)
Page 4 of 7
• State Land Board (104 SFEs4)
1. Conceptual level planning and subject to change 2. Accounted for within existing assigned 4,927.8 SFEs 3. Separate Village (at Avon) Water Bank 4. Eagle County Water Dedication for Housing SFE – preliminarily approved
Summary of Pending Development and Water Right Assignment:
Unassigned = 354.65
Lot 3 + Summit + Slopeside + Sun Road + 91 Beaver Creek Place + Wildwood Annex = 318.6
Remaining Unassigned = 36.05 [NOT including underdeveloped properties not likely to increase development]
In addition to that analysis, an effort has begun to explore converting the guarantee to serve SFEs to a guarantee to serve a commensurate volume of water consumption as specified in the underlying water rights decrees. Actual usage per unit is roughly 20% less than the water usage assumptions in the water rights decree, which means the guarantee to serve could potentially be increased by as much as 1,000 more units under the same water rights portfolio.
There are many variables as well as unknowns with climate change. This analysis shows that Avon can comfortably assign water rights to serve an additional 50.6 SFEs without over committing our water rights to serve all future development under current zoning as well as identified additional Community Housing development over the next 10-20 years.
EXTERIOR ENERGY OFF-SET PROGRAM: The Exterior Energy Offset Program (“EEOP”) was updated in January 2025 to modernize energy calculations and mitigation requirements for projects that contain fire pits, pools, and/or snowmelt systems. The updated EEOP regulations added a cap of 6,000 square feet for exterior snowmelt systems. The Calculation Sheet for the EEOP breaks down the projected energy use for projects, associated energy offset required, fees, and credits. Applicants may apply for credits to reduce the exterior energy offset “by producing on-site renewable energy, using all-electric energy efficient technologies, and/or utilizing the Avon wastewater treatment heat recovery system.” Further, the credits for utilization of Avon’s Wastewater Heat Recovery System “shall be determined on a case-by-case basis.”
The Summit building plans include a 12,896 square foot snowmelt plan. The snowmelt area includes the vehicle ramp down to parking levels, amenity areas, and paths connecting West Beaver Creek Boulevard with the Pedestrian Mall.
[picture on next page]
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According to the EEOP regulations “an administrative reduction or waiver of EEOP fees may occur when reasonable alternatives are not available for ADA access.” A reduction request of 3,928.8 square feet for ADA access was submitted for a series of 5’ wide ADA routes through the project.
[picture on next page]
Page 6 of 7
The EEOP ordinance does not contemplate exceptions to the 6,000 square foot limitation. Council has the ability to approve this request as part of the Development Agreement. The 6,000 square foot limitation originated in an earlier version of the Pitkin County regulations – but has since changed to a limitation on Btus/year.
The estimated energy demand of the snowmelt system is 263.70 kW, with fees totaling $857,025 if there is no offset. In lieu of providing on-site renewable energy (or battery storage), the design team has worked with Staff to model the total energy potential of utilizing the Avon Wastewater Heat Recovery System. The design engineers confirmed there is adequate capacity in the Avon Wastewater Heat Recovery System to pull excess heat into the parking structure of the Summit. The modeled energy use for tapping into the Avon Wastewater Heat Recovery System is 483,000 kWh of electricity, or the equivalent of 322.29 kW of photovoltaic solar installation.
The expense to run heat recovery loops to the project site is unknown. The expense to run a line through the parking structure toward future Sun Road redevelopment is also unknown, but would be borne by the developer. Ongoing use charges and maintenance will be further developed and presented to Council at a later date when these costs are determined.
Does Council accept a snowmelt system that exceeds the 6,000 square foot maximum requirement?
Page 7 of 7
Does Council endorse using the Avon Wastewater Recovery project to fully offset exterior energy use of the snowmelt system?
REMAINING DETAILS TO FINALIZE: Significant progress has been made to prepare the Development Agreement and related documents and agreements to fully implement the Development Agreement. One outstanding issue is finalizing the engineering drawings for the Public Improvements Agreement – Exhibit G. Review of engineering drawings for a Public Improvements Agreement is typically performed administratively.
RECOMMENDATION: If Council approves the proposed schedule for the Release of Funds, then I recommend Council approve The Summit Development Agreement. If Council desires more time to consider the Development Agreement, or to further review the release of funds, or if there are additional details that need attention, then I suggest continuing to June 9, 2026 to allow the time to finalize the documents and details that are outstanding as described above.
PROPOSED MOTION: “I move to approve The Summit Development Agreement, and various exhibits and related agreements as presented, and direct and authorize the Town Attorney and Town Manager to finalize Exhibit C: Community Space, the engineering drawings in Exhibit G: Public Improvements Agreement.”
ALTERNATE MOTION: “I move to continue consideration of The Summit Development Agreement to the June 9, 2026 Council meeting.”
Thank you, Eric
ATTACHMENT A: The Summit Development Agreement – REDLINE to the May 12, 2026 DRAFT
1
6637119.76637119.8
THE SUMMIT
DEVELOPMENT AGREEMENT
THIS THE SUMMIT DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into
as of _______, 2026 (“Effective Date”) by and between GP Avon Developer, LLC, a Delaware
limited liability company (together with its successors and assigns, “Owner”) and the Town of
Avon, a home rule municipal corporation of the State of Colorado (“Avon”) (Owner and Avon
may be referred to individually as “Party” and collectively as “Parties”).
RECITALS
This Agreement is made with reference to the following facts:
A.Initially capitalized words and phrases used in this Agreement have the meanings set forth
in Section I;
B.The Owner owns the approximately 1.7-acre real property located in Avon and legally
described in Exhibit A attached hereto and incorporated herein (the “Property”);
C.The Owner submitted to Avon a Major Development Plan (File No. MJR25003)
application (“Major Development Plan”) and Development Bonus (File No. DEB25001)
application (“Development Bonus”) for the development of a 164-unit residential project
and an approximate 4,000-square foot commercial community space on the Property
referred to as “The Summit”;
D.Public Hearings were held by the Avon Planning and Zoning Commission on
November 17, 2025 and December 8, 2025 and held by Avon Town Council (“Council”)
on January 13, 2026, February 10, 2026, and March 10, 2026;
E.Council approved the Major Development Plan and the associated Development Bonus
applications on March 10, 2026 with certain conditions, as set forth in the Findings of Fact
and Record of Decision;
F.Avon and the Owner each have various obligations which must be coordinated for the
successful development of The Summit, including but not limited to design, financing,
construction, property conveyances, and execution of various legal documents concerning
ownership, Community Housing Deed Restrictions and other matters affecting title to the
Property and the rights of the Parties; and
G.Development of the Property in accordance with this Agreement will provide for orderly
growth in accordance with the policies and goals set forth in the Avon Comprehensive Plan
and will specifically implement goals and strategies of the Avon Urban Renewal Authority
West Town Center Investment Plan, the Avon Downtown Development Authority Plan
and the Avon Community Housing Plan.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
2
6637119.76637119.8
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions,
covenants and mutual promises set forth in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and Avon
agree as follows with respect to development of the Property:
I. DEFINITIONS
A.$4,000,000 Contribution has the meaning set forth in Section IX.D.1.
B.$6,000,000 Contribution has the meaning set forth in Section IX.D.1.
C.Additional Community Housing Units means the fourteensixteen
(1416) Community Housing Units which are in addition to the four (4) Employee
Mitigation Units.
D.Agreement has the meaning set forth in the introductory paragraph of this
Agreement.
E.AMI means Area Medium Income as reported by CHFA.
F.Avon has the meaning set forth in the introductory paragraph of this Agreement.
G.Avon Center Agreement means the Amended and Restated Consolidated
Agreement by and between the Owner and Avon Center at Beaver Creek – I
Homeowners Association, to be recorded in the Eagle County clerk and recorder’s
office contemporaneously with the Effective Date.
H.Avon Community Housing Policies means the Avon Community Housing
Policies adopted by Avon and amended from time to time.
I.Avon Contributions has the meaning set forth in Section XI.L.
J.Building means the mixed-use building to be constructed on the Property as part
of the Development.
K.CASE Committee has the meaning set forth in Section VI.E.1VI.F.1.
L.Certificate of Occupancy means the earlier of a temporary certificate of
occupancy or a final certificate of occupancy issued for the Development by the
Town.
M.CHFA means the Colorado Housing and Finance Authority.
N.Civic Plaza means the area of the Development between the Avon Town Hall and
Pedestrian Mall as depicted in Exhibit B to be constructed as a civic plaza in
accordance with the Development Plan.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
3
6637119.76637119.8
O.Community Housing means Community Housing as defined in Municipal Code
Section 3.14.020 subject to specific terms defined in this Agreement.
P.Community Housing Deed Restriction(s) means the form of a Community
Housing Deed Restriction prepared and approved by Avon which is consistent with
the terms in this Agreement and which references and incorporates the Avon
Community Housing Policies.
Q.Community Housing Financial Contribution has the meaning set forth in
Section VIII.E.
R.Community Space means the approximately 4,000-square foot commercial space
to be located on the ground floor of the Building and appurtenant use rights over
the adjacent patio and landscape area between such commercial space and the
Pedestrian Mall as depicted in Exhibit C.
S.Community Space Financial Contribution has the meaning set forth in
Section VIII.F.
T.Council has the meaning set forth in Recital D.
U.Deed Restricted Housing Units means, collectively, the Employee Mitigation
Units and the Additional Community Housing Units.
V.Deferred Contribution has the meaning set forth in Section IX.D.3.
W.Development means the development of the Property in accordance with the
Development Plan, including the Building structure, shared parking structure
access ramp, landscaping, patios, walkways, signage, and Public Improvements.
X.Development Bonus has the meaning set forth in Recital C.
Y.Development Costs means the costs Owner incurs to design and build the
Development, which costs include, without limitation, costs to acquire the Property,
third party design, engineering, and legal fees, permit fees, and construction costs.
Z.Y. Development Plan means the Major Development Plan and the associated
Development Bonus, subject to the conditions stated in the Findings of Fact and
Record of Decision.
AA.Z. Effective Date has the meaning set forth in the introductory paragraph of this
Agreement.
BB.AA. Employee Mitigation Units means the four (4) Community Housing units
which are required by the Municipal Code and which are calculated, defined and
required in the Development Plan to mitigate the housing for employees generated
by the Development.
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CC.BB. Escrow Account means the Escrow Account established by the Escrow
Agreement and for which Land Title Guarantee Company is the escrow agent.
DD.CC. Escrow Agreement means the Escrow Agreement set forth in Exhibit I which
specifies the terms for receipt and disbursement of Avon’s financial obligations for
the construction of the Community Space and for the Community Housing Deed
Restrictions.
EE.DD. Findings of Fact and Record of Decision means Council’s Findings of Fact
and Record of Decision for the Development Bonus and Major Development Plan
attached as Exhibit F.
FF.EE. Major Development Plan has the meaning set forth in Recital C.
GG.FF. Mediator has the meaning set forth in Section IX.F.
HH.GG. Municipal Code means the Avon Municipal Code, including the Avon
Development Code, as may be amended from time to time.
II.HH. Owner has the meaning set forth in the introductory paragraph of this
Agreement.
JJ.II. Party/ies has the meaning set forth in the introductory paragraph of this
Agreement.
KK.JJ. Pedestrian Connection means the ten (10)-foot wide public pedestrian path
connection between the public sidewalk on West Beaver Creek Boulevard and the
Pedestrian Mall as depicted in Exhibit D.
LL.KK. Pedestrian Mall means the Avon Pedestrian Mall located on a portion of
Tract G and generally running from Possibility Plaza to Mikaela Way and then to
Lake Street.
MM.LL. Property has the meaning set forth in Recital B.
NN.MM. Public Improvements means the improvements on West Beaver Creek
Boulevard to provide vehicle access to the parking garage ramp, to the surface
parking area, and the reconfiguration of West Beaver Creek Boulevard to create a
loading zone/delivery area and the extension of the heat recovery utility line to the
Property, all as further defined in the Exhibit G.
OO.NN. Reciprocal Access Easement Agreement means that certain Reciprocal
Access Easement Agreement recorded in the Eagle County clerk and recorder’s
office on November 16, 2000 at Reception No. 744155.
PP.OO. SFEs has the meaning set forth in Section VIII.B.
QQ.PP. TABOR has the meaning set forth in Section XI.L.
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RR.QQ. Term means the Term as defined in Section III.
II. EXHIBITS
A.EXHIBIT A: Legal Description of the Property
B.EXHIBIT B: Civic Plaza Description
C.EXHIBIT C: Community Space
D.EXHIBIT D: Pedestrian Connection
E.EXHIBIT E: Designation of Deed Restricted Units
F.EXHIBIT F: Findings of Fact and Record of Decision
G.EXHIBIT G: Public Improvements Agreement
H.EXHIBIT H: Parking Management Plan Agreement
I.EXHIBIT I: Escrow Agreement
III. TERM
A.The “Term” of this Agreement shall commence on the Effective Date of this
Agreement and shall continue after construction of the Building for so long as the
Building continues to exist and for three (3) years after such time the Building no
longer exists on the Property. In the event the Building is destroyed, or partially
destroyed, by fire or other calamity and then reconstructed within three (3) years,
such reconstructed building shall be deemed the Building and this Agreement shall
continue in full force and effect until three (3) years after the reconstructed Building
no longer exists. The Parties may terminate this Agreement earlier by mutual
written agreement signed by both Parties and recorded in the Eagle County clerk
and recorder’s office.
IV. OWNER’S GENERAL OBLIGATIONS
Owner has the following general obligations:
A.Reasonableness. Owner has a general obligation to not withhold or unreasonably
delay any review or approval required in this Agreement.
B.Construction of Development. The Owner has a general obligation to timely
construct the Development substantially in accordance with the details and
specifications set forth in the Development Plan and the terms of this Agreement.
Such obligation shall include, but not be limited to, timely completing all designs
and engineering, retaining a suitable contractor, making commercially reasonable
efforts to secure necessary financing, and finalizing and executing all agreements
that may be necessary for the construction and completion of the Development.
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This obligation shall commence upon the Effective Date and continue until the
issuance of a Certificate of Occupancy.
C.Indemnification. Owner shall indemnify, hold harmless, and defend Avon from
any legal claims or claims of damages arising from the design, financing,
contracting, construction or general development of the Development, except to the
extent such claims arise in whole or part from acts of negligence of Avon. The
obligations set forth in this Section IV.C shall survive the expiration of earlier
termination of this Agreement.
D.Milestone Dates.
1.Building Permit. As of the Effective Date, the Owner has submitted a
building permit application for the construction of the Development to
Avon. The deadline for the Owner to obtain such building permit from
Avon is September 15, 2026.
2.Construction Completion. The Owner shall cause the complete
construction of the Development by December 31, 2030.
V. OWNER’S OBLIGATIONS PRIOR TO ISSUANCE OF BUILDING PERMIT
Owner has the following obligations which must all be completed and fully satisfied prior
to the issuance of a building permit for the Development:
A.Complete Design of the Community Space. As of the Effective Date, Owner has
coordinated with Avon to complete and finalize the design of the Community
Space, which design level is generally referred to as a “commercial shell” and
includes the perimeter walls, exterior doors, windows (including a minimum of one
16’ full length window wall opening), shaft to connect to equipment provided on
the roof for heating and cooling, exterior exhaust for restrooms and food and
beverage area, electrical lines stubbed to space and sufficient for intended uses
including electrical service sufficient for food and beverage operations, exterior
electrical outlets to serve the patio area, connections for water and waste water,
fiber optic connection, chute to trash room in the first level of the parking structure,
open ceiling, and exterior water spigot adjacent to the patio.
B.Reciprocal Access Easement Agreement Supplement. The Owner shall execute
a supplemental agreement to the Reciprocal Access Easement Agreement with the
owner of Lot 3, Sheraton Mountain Vista subdivision, in a form reasonably
satisfactory to Avon, that addresses the location, installation, and ongoing
maintenance of the heating system for snow melt in the Development’s parking
structure.
C.Agreement with Avon Center. Owner shall execute the Avon Center Agreement
and comply with the terms set forth therein.
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D.Parking Management Plan Agreement with Avon. Owner shall execute the
Parking Management Plan Agreement, substantially in the form attached hereto as
Exhibit H, and comply with the terms set forth therein.
E.D. Conveyance of Civic Plaza Easement. The Owner shall prepare the legal
description for the Civic Plaza and grant Avon a perpetual non-exclusive easement
over the Civic Plaza via a separate document mutually agreed upon by the Owner
and Avon and recorded in the Eagle County clerk and recorder’s office. The Civic
Plaza configuration shall coordinate with the Pedestrian Mall design and which
shall be subject to review and approval by Avon. The Parties shall work together
to coordinate and align the designs and plans for the Owner’s landscape, the
Pedestrian Mall, and the Civic Plaza; provided, however, that completion of Avon’s
designs and plans and/or complete alignment of the design shall not impede or delay
Avon’s issuance of a building permit to the Owner for the Development.
F.E. Easement for Heat Recovery System Utility Line. Owner shall provide Avon
an easement to extend the heat recovery system utility line through the Property to
West Beaver Creek Boulevard in a form that includes the location and route of the
utility line that is mutually acceptable to Avon and the Owner.
VI. OWNER’S OBLIGATIONS PRIOR TO CERTIFICATE OF OCCUPANCY
Owner has the following obligations which must all be completed and fully satisfied prior
to the issuance of a Certificate of Occupancy for the Development:
A.Construction of Public Improvements. The Owner shall cause the timely
construction of the Public Improvements in accordance with the Public
Improvements Agreement in Exhibit G.
B.Construction of Community Space. The Owner shall construct the Community
Space and appurtenant improvements as described in Exhibit C.
1.Inspections. Avon shall have the right to inspect the construction of the
Community Space to determine compliance with the approved designs.
2.Change Orders. If Avon requests design changes from the Community
Space designs approved by Avon prior to issuance of a building permit then
Avon shall be responsible for the cost of design and construction of such
change. Owner may refuse change orders if such change order would
unreasonably frustrate or delay the construction of the Development.
3.Approval and Acceptance. Avon shall have the right to approve and
accept the completed construction of the Community Space which shall be
constructed in accordance with building permit plans or with such changes
as may be approved or requested by Avon.
4.Construction Contracts. Avon shall be listed as additional insured in any
Development construction contract.
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5.Assignment of Warranties. Where possible, the Owner shall assign any
assignable warranties from the Development construction contract for the
Community Space to Avon upon issuance of a Certificate of Occupancy.
C.Creation of Community Space. Owner shall prepare a condominium or planned
community map or plat for the Development for review and approval by Avon
which depicts the Community Space as a separate unit and the four (4) designated
parking spaces associated with the Community Space as limited common elements
allocated to such unit, and shall prepare associated owners association covenants
(aka declaration of covenants, conditions and restrictions) which shall address dues
and fees for operation, maintenance and replacement, shall define division of
responsibilities and shall define Avon’s rights as an owner in an Owners’
Association. Avon shall waive all application, plan review, and impact fees (if any)
associated with the creation of such condominium or planned community map or
plat.
D.Deed Restricted Housing Units.
1.Employee Mitigation Units. The Development shall include a total of
four (4) Employee Mitigation Units, which shall be apartment unit
numbers. 404, 417426, 419517, and 426519 (such units are depicted as the
wave-hatched apartment units on the Overall 4th and 5th Level Plate Plan
set forth in Exhibit E), or such other apartment units as may be periodically
reconfigured and/or redesignated upon mutual agreement of the Owner and
Avon Town Manager. The Employee Mitigation Units shall be subject to a
Community Housing Deed Restriction with the following terms:
(a)The maximum allowable rent (inclusive of monthly rent, electric,
gas, water, wastewater, and trash charges) that can be charged is
120% AMI as reported by CHFA;
(b)Each Employee Mitigation Unit shall be assigned one exclusive
parking space, selected by the Owner in its reasonable discretion, at
no additional cost.
(c)(b) Any future sale of any Employee Mitigation Unit, if sold as a
separate unit and not as part of a sale of the entire residential portion
of the Development, shall be sold at price not to exceed 120% AMI,
as set forth in the Community Housing Deed Restriction, and shall
be subject to restriction on appreciation of the sales price for future
resales as defined in the Community Housing Deed Restriction; and,
(d)(c) The Avon Community Housing Policies shall be referenced and
shall apply to the extent they are not inconsistent with the terms of
this Agreement.
2.Additional Community Housing Units. There shall be a total of
fourteensixteen (1416) Additional Community Housing Units which shall
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be apartment unit numbers 117, 119, 204, 208, 210, 217, 219, 226, 304, 308,
310, 317, 319, and 326, 417, and 419 (such units are depicted as the
cross-hatched apartment units on the Overall Entry, 2nd, and 3rd, and 4th
Level Plate Plan set forth in Exhibit E), or such other apartment units as
may be periodically reconfigured and/or redesignated upon mutual
agreement of the Owner and Avon Town Manager. The Additional
Community Housing Units shall be subject to a Community Housing Deed
Restriction which limits the maximum rent charged to 100% AMI as
reported by CHFA.
(a)The maximum allowable rent (inclusive of monthly rent, electric,
gas, water, wastewater, and trash charges) that can be charged is
100% AMI as reported by CHFA;
(b)Each Additional Community Housing Unit shall be assigned one
exclusive parking space, selected by the Owner in its reasonable
discretion, at no additional cost.
(c)(b) Any future sale of any Additional Community Housing Unit, , if
sold as a separate unit and not as part of a sale of the entire
residential portion of the Development, shall be sold at price not to
exceed 100% AMI, as set forth in the Community Housing Deed
Restriction, and shall be subject to restriction on appreciation of the
sales price for future resales as defined in the Community Housing
Deed Restriction; and,
(d)3. The Avon Community Housing Policies shall be referenced and
shall apply to the extent they are not inconsistent with the terms of
this Agreement.
E.Community Housing Deed Restrictions. Owner shall execute the Community
Housing Deed Restrictions for the Employee Mitigation Units and the Additional
Community Housing Units and then deposit the Community Housing Deed
Restrictions in the Escrow Account.
F.Art Mural. Owner shall finalize the design of an art mural that is approximately
eight hundred (800) square feet in size and twenty-one (21) feet wide by thirty-nine
(39) feet tall and generally in the location depicted in the Development Plan. The
Owner shall install such art mural as follows:
1.CASE Committee Review. Owner shall submit an application to Avon’s
Culture Arts and Special Events Committee (“CASE Committee”) which
provides a depiction of the art mural and describes the method of installation
(paint or vinyl). The CASE Committee shall review and approve the art
mural.
2.Installation. Owner shall cause the art mural to be installed as approved
by the CASE Committee.
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VII. OWNER’S ON-GOING OBLIGATIONS
Owner has the following obligations which continue after the issuance of Certificate of
Occupancy for the Development:
A.Maintenance of Pedestrian Connection. Owner shall have an on-going
obligation to maintain the Pedestrian Connection, including prompt removal of
snow and other debris and general maintenance of the Pedestrian Connection path
in good repair. Owner hereby covenants that the Pedestrian Connection shall be
open and accessible for use by the general public, except reasonable times for
maintenance, repair, and replacement. Avon is a beneficiary and shall have the
right to enforce this covenant.
B.Maintenance of Outdoor Common Area Landscaping and Hardscape. Owner
shall have an on-going obligation to maintain the outdoor landscaping and
hardscape improvements as generally required for all properties in Avon with an
approved Development Plan.
C.Maintenance of the Art Mural. Owner shall have on-going obligation to maintain
the art mural in good repair or replace the art mural with substantially the same
design and color when repair is not practical or feasible.
D.Outdoor Water Use. The Property has an irrigation limitation of
16,117 square feet of landscaped area as approved in the Development Plan.
Owner shall install a manual shut-off valve and separate irrigation meter pursuant
to Municipal Code Section 7.28.050(m)(7)(i)(B) and (D). Owner shall not exceed
the maximum allowable outdoor water use limit for the Development as established
by the Upper Eagle Regional Water Authority’s Water Service Agreement. Avon
reserves the right to determine a different maximum allowable outdoor water use
limit as well as reserves the right to curtail water use through fines, penalties and
other enforcement actions during drought conditions in a manner that is generally
applicable in the Town of Avon.
E.Maintenance of Parking Structure. Owner shall have an on-going obligation to
cause the maintenance of the parking structure, including prompt removal of debris,
annual pressure wash cleaning, and repair of any components of the parking
structure which affects the structural integrity or functionality of the parking
structure.
F.Parking Management Plan. The Owner shall comply with the Parking
Management Plan set forth in Exhibit H.
G.Compliance with Avon Center Agreement. Owner shall comply with the terms
set forth in the Avon Center Agreement, which obligation shall commence upon
the Effective Date and shall continue until the earlier to occur of (1) expiration of
the Term or (2) expiration or termination of the Avon Center Agreement.
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H.Compliance with Reciprocal Access Easement Agreement. The Owner shall
comply with all terms set forth in the Reciprocal Access Easement Agreement.
I.Insurance. The Owner shall obtain and maintain an insurance policy for the
replacement of the Building in the event of a fire or other casualty.
VIII. AVON’S OBLIGATIONS
A.Reasonableness. Avon (including the CASE Committee and all other committees,
departments, and instrumentalities of Avon) has a general obligation to not
withhold or unreasonably delay any review or approval required in this Agreement.
B.Water Service. Avon agrees to assign adequate single-family equivalents
(“SFEs”) necessary to serve the entire Project with water from Avon’s portfolio of
guaranteed SFEs described in Avon’s agreement with the Upper Eagle Regional
Water Authority.
C.Community Housing Tax and Fee Waivers. Avon approves tax and fee waivers
in accordance with Municipal Code Chapters 3.09 and 3.14 as follows:
1.Waiver Calculation. The waiver in accordance with Municipal Code
Chapter 3.14 is calculated as 13.114.3% based on the equivalent of
2224 total Community Housing units [1416 Additional Community
Housing Units + 4 Employee Mitigation Units + the Community Space
equivalent of 4 Community Housing units = 2224] divided by 168
equivalent apartment units [164 apartment units + 4 equivalent apartment
units for the Community Space = 168]. Should the number of Additional
Community Housing Units and/or Employee Mitigation Units and/or the
size of the Community Space change, then the Parties agree that the
foregoing percentage tax and fee waiver shall also be adjusted
proportionately.
2.Building Permit and Plan Review Fees. Avon agrees to waive 13.114.3%
of the building permit and plan review fees as calculated for the entire
Development.
3.Use Tax. Avon agrees to waive 13.114.3% of the Use Tax calculated for
the entire Development.
D.Heat Recovery System Utility Line; Exterior Energy Offset Program. Avon
shall permit the Property to connect to Avon’s existing heat recovery system utility
line at no additional cost to the Owner, and Avon shall grant such license(s) or
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easement(s) necessary to facilitate such connection. Avon agrees to waive all
Exterior Energy Offset Program fees for the Project.
E.Avon Financial Contribution.
1.E. Community Housing Financial Contribution. Avon shall contribute
a total of FIVE MILLION ONEEIGHT HUNDRED TENFORTY
THOUSAND DOLLARS (US $5,110,0005,840,000) for the purchase of
fourteensixteen (1416) Community Housing Deed Restrictions
(“Community Housing Financial Contribution”) as follows:
(a)1. The Use Tax paid at the time of receiving a building permit for
the Development shall be deposited into the Escrow Account in
accordance with the Escrow Agreement.
(b)2. Avon shall contribute additional funds to the Escrow Account to
supplement the amount of the Use Tax paid in the amount sufficient
to provide FOUR MILLION DOLLARS (US $4,000,000) total as
Avon’s contribution for the purchase of eleven (11) of the
Community Housing Deed Restrictions on the earlier of (i) within
ten (10) business days of deposit of the Use Tax, or
(ii) December 31, 2026.
(c)3. Provided thatAvon and/or Eagle County provides such funds to
Avon, Avon shall contribute an additional ONE MILLION
ONEEIGHT HUNDRED TENFORTY THOUSAND DOLLARS
(US $1,110,0001,840,000) to the Escrow Account, as Avon’s
contribution for the purchase of threefive (35) of the Community
Housing Deed Restrictions, within ten (10) days of issuance of a
Certificate of Occupancy.
4. The total funds for Community Housing deposited in the Escrow Account
pursuant to Sections VIII.E.1 and VIII.E.2 shall be released and disbursed
to the Owner, and may thereafter be used by the Owner to pay or reimburse
costs of the Development, at such time as the Owner provides evidence
reasonably satisfactory to Avon that: (a) not less than FORTY MILLION
DOLLARS (US $40,000,000.00) of the Owner’s funds have been spent on
the cost of the Development; and (b) the Owner has secured the remaining
funds necessary to construct the Development, based on the guaranteed
maximum price set forth in the Development’s construction contract.
5. The funds for Community Housing deposited in the Escrow Account pursuant to
Section VIII.E.3 shall be released and disbursed to the Owner, and may
thereafter be used by the Owner to pay or reimburse costs of the
Development, concurrently with the execution of the Community Housing
Deed Restriction for three (3) units at a closing to be held within ten
(10) days after such funds are deposited into the Escrow Account.
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2.F. Community Space Financial Contribution. Avon shall contribute a
total of SIX MILLION DOLLARS (US $6,000,000) for the construction of
the Community Space (“Community Space Financial Contribution”) as
follows:
(a)1. Avon shall secure financing and/or appropriate available cash
funds at Avon’s discretion, adopt an ordinance as may be required,
amend the Avon budget as may be required, and deposit SIX
MILLION DOLLARS (US $6,000,000) into the Escrow Account
on the earlier to occur of (i) within ninety (90) days of issuance of a
building permit for the Development, or (ii) December 31, 2026.
3.2. The totalRelease of Funds. As to be further described in the Escrow
Agreement, the funds for the Community Housing Financial Contribution
and the Community Space Financial Contribution indeposited into the
Escrow Account contemplated in this Section VIII.Fby Avon pursuant to
Sections VIII.E.1(a), VIII.E.1(b), VIII.E.1(c), and VIII.E.2(a) shall be
released and disbursed to the Owner, and may thereafter be used by the
Owner to pay or reimburse costs of the Development, in the amounts and at
such times as follows:
(a)TWO MILLION DOLLARS (US $2,000,000) at such time as the
Owner provides evidence reasonably satisfactory to Avon that:
(ai) not less than FORTYTWELVE MILLION DOLLARS (US
$40,000,000.0012,000,000.00) of the Owner’s funds have been
spent on the cost of the Development Costs; and (bii) the Owner has
secured the remaining funds necessary to construct the
Development, based on the guaranteed maximum price set forth in
the Development’s construction contract.
(b)TWO MILLION DOLLARS (US $2,000,000) at such time as the
Owner provides evidence reasonably satisfactory to Avon that an
additional TWELVE MILLION DOLLARS (US $12,000,000) (for
a total of TWENTY FOUR MILLION DOLLARS (US
$24,000,000)) of the Owner’s funds have been spent on
Development Costs.
(c)THREE MILLION DOLLARS (US $3,000,000) (plus all interest in
the Escrow Account) at such time as the Owner provides evidence
reasonably satisfactory to Avon that an additional SIXTY SEVEN
MILLION DOLLARS (US $67,000,000) (for a total of NINETY
ONE MILLION DOLLARS (US $91,000,000)) of the Owner’s
funds have been spent on Development Costs.
(d)THREE MILLION DOLLARS (US $3,000,000) (plus all interest in
the Escrow Account) at such time as the Owner provides evidence
reasonably satisfactory to Avon that an additional NINETEEN
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MILLION DOLLARS (US $19,000,000) (for a total of ONE
HUNDRED TEN MILLION DOLLARS (US $110,000,000) of the
Owner’s funds have been spent on Development Costs.
(e)ONE MILLION EIGHT HUNDRED FORTY THOUSAND
DOLLARS (US $1,840,000) and all remaining funds in the Escrow
Account within ten (10) days of the issuance of a Certificate of
Occupancy for the Development.
F.G. Temporary Certificate of Occupancy. Notwithstanding anything in this
Agreement to the contrary, and provided the Owner otherwise agrees to promptly
complete the unfinished work outlined below, Avon shall issue a temporary
certificate of occupancy for the Development and permit residents to move into the
Building, if:
1.The Owner has substantially completed the construction of the Public
Improvements and the remaining work does not create a safety hazard;
2.The Owner is unable to complete the road work portion of the Public
Improvements because it is during a period where Avon does not permit
work within the roadway;
3.The Owner has substantially completed the construction of the Community
Space and the remaining work does not create a safety hazard; or
4.It is not feasible to complete the art mural due to weather or other
unforeseen events.
IX. DEFAULT, REMEDIES AND TERMINATION
A.Default by Avon. A “breach” or “default” by Avon under this Agreement shall be
defined as Avon’s failure to perform any of its material obligations under this
Agreement, after the applicable cure period described in Section IX.C, below.
B.Default by Owner. A “breach” or “default” by the Owner shall be defined as the
Owner’s failure to fulfill or perform any of its material obligations contained in this
Agreement following the applicable cure period described in Section IX.C below,
or the Owner’s failure to fulfill or perform any material obligation of the Owner
contained in any other written agreement relating to the Property between Avon
and the Owner following any applicable cure period contained in such agreement.
C.Notices of Default. In the event of a default by either Party under this Agreement,
the non-defaulting Party shall deliver written notice to the defaulting Party of such
default, at the address specified in Section X, and the defaulting Party shall have
five (5) days for monetary obligations and thirty (30) days for non-monetary
obligations from and after receipt of such notice to cure such default. With respect
to non-monetary obligations, if such default is not of a type that with the exercise
of reasonable diligence can be cured within such thirty (30) day period and the
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defaulting Party gives written notice to the non-defaulting Party within such
thirty (30) day period that it is actively and diligently pursuing such cure, the
defaulting Party shall have a reasonable period of time up to one hundred
twenty (120) days given the nature of the default to cure such default, or such
longer period if mutually agreed by the Parties, provided that such defaulting Party
is at all times within such additional time period actively and diligently pursuing
such cure.
D.Remedies for Default by Avon. If a default by Avon under this Agreement is not
cured as described in Section IX.C, the Owner shall have the right to enforce
Avon’s obligations by an action for any equitable remedy, including, without
limitation, injunction or specific performance or an action to recover damages.
Each remedy in this Section IX.D is cumulative and is in addition to every other
remedy provided for in this Agreement or otherwise existing at law or in equity.
Without limiting the foregoing, and by way of example:
1.If Avon does not make either or both of the $4,000,000 Community
Housing Financial Contribution required by
Section VIII.E.2Sections VIII.E.1(a) and VIII.E.1(b) (the “$4,000,000
Contribution”), or the $6,000,000 Community Space Financial
Contribution required by Section VIII.FVIII.E.2(a) (the “$6,000,000
Contribution”), then Owner, at its option, shall not be required to construct
the Development and shall be relieved of any further obligations under this
Agreement;
2.If Avon does not make either or both of the $4,000,000 Contribution and
the $6,000,000 Contribution, but Owner nevertheless elects to proceed with
the Development, then (a) if Avon does not make the $4,000,000
Contribution, the number of Deed Restricted Housing Units shall be
reduced by eleven (11), and (b) if Avon does not make the $6,000,000
Contribution, Owner shall not be required to create the Community Space
as a separate unit or to convey the Community Space to Avon; and
3.If Avon makes the $4,000,000 Contribution and the $6,000,000
Contribution, but does not make the $1,110,0001,840,000 Community
Housing Financial Contribution required by Section VIII.E.3VIII.E.1(c)
(the “Deferred Contribution”), Owner shall not be relieved of its
obligations under this Agreement, but the number of Deed Restricted
Housing Units shall be reduced by threefive (35).
No default by Avon shall affect the Owner’s rights to construct the Development
in accordance with the Development Plan and the associated Development Bonus.
E.Remedies for Default by the Owner. If any default by the Owner under this
Agreement is not cured as described in Section IX.C, Avon shall have the right to
enforce the Owner’s obligations hereunder by an action for any equitable remedy,
including injunction or specific performance, or an action to recover damages.
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Each remedy in this Section IX.E is cumulative and is in addition to every other
remedy provided for in this Agreement or otherwise existing at law or in equity. A
default of this Agreement by the Owner also constitutes a violation of the Municipal
Code and non-compliance with the Development Plan for this Property and Avon
shall have all enforcement rights as described in the Municipal Code and other
applicable sections of the Municipal Code concerning enforcement and penalties
for violations.
F.Mediation. The Parties agree that prior to submitting any controversy or claim
arising out of or relating to this Agreement, including, without limitation, any
breach, default, or interpretation hereof, to a legal process, and as a prerequisite to
initiating any legal process, the Parties shall attempt to resolve the controversy or
claim in good faith in accordance with the procedures stated in this Section IX.F.
The Party asserting the breach, default, controversy, or claim shall first provide
written notice to the other Party, citing this Section IX.F, and requesting
consideration by the other Party to resolve the controversy or claim. The Parties
shall use reasonable efforts to resolve the dispute within thirty (30) days from the
date of the notice commencing this process. If the dispute is not resolved within
thirty (30) days of the date of the notice, or by such longer period as may be
mutually agreed by the Parties, then either Party may initiate a legal action. At any
time after the written notice citing this Section IX.F, the Parties may mutually agree
to appoint an independent neutral third party (“Mediator”) to assist them in
resolving the dispute. In such an instance, (i) each Party agrees to provide the
Mediator access to all relevant and non-privileged documents and may impose
reasonable confidentiality provisions; (ii) the Parties may make representations and
submissions to the Mediator but there shall be no formal hearing unless the
Mediator requires a formal hearing and provides a written notice to the Parties;
(iii) the Mediator shall make his or her recommendations in writing as soon as is
reasonably possible but not later than thirty (30) days following the receipt of
representations and submissions by each Party; (iv) the Mediator’s
recommendation shall not be binding upon the Parties, but would become binding
upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees
of the Mediator shall be paid equally by the Parties. Following receipt by the Parties
of the recommendations made by the Mediator, the Parties shall have ten (10) days,
or such longer period as may be mutually agreed by the Parties, to accept said
recommendation or a mutually acceptable alternative. Submission of the dispute
to the Mediator shall be deemed by the Parties to toll the applicable statute of
limitations until the mediation process is concluded.
X. NOTICES
A.Any notice or communication required or permitted under the terms of this
Agreement shall be in writing, may be given by the Parties hereto or such Party’s
respective legal counsel, and shall be deemed given and received (i) when hand
delivered to the intended recipient(s), by whatever means; (ii) three (3) business
days after the same is deposited in the United States Mail, with adequate postage
prepaid, and sent by registered or certified mail, with return receipt requested;
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(iii) one (1) business day after the same is deposited with an overnight courier
service of national reputation having a delivery area encompassing the address of
the intended recipient, with the delivery charges prepaid; or (iv) when receipt via
electronic mail is acknowledged by the recipient. Any notice shall be delivered,
mailed, or sent, as the case may be, to the appropriate address set forth below:
If to Avon: Town of Avon
Attention: Town Manager
P.O. Box 975
Avon, Colorado 81620
Email: townmanager@avon.org
And:Town of Avon
Attention: Town Attorney
P.O. Box 975
Avon, Colorado 81620
Email: townattorney@avon.org
If to Owner: GP Avon Developer, LLC
c/o Grand Peaks Properties, Inc.
Attention: Don Simpson and Alan Simpson
4582 South Ulster Street Parkway, Suite 1200
Denver, Colorado 80237
Email: dsimpson@grandpeaks.com;
asimpson@grandpeaks.com
With a copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
Attention: Michael Westover and Lindsay Lyda
950 17th Street., Suite. 1600
Denver, Colorado 80202
Email: mwestover@ottenjohnson.com;
llyda@ottenjohnson.com
Each Party may change its addresses and/or email addresses for notices pursuant to a
written notice that is given in accordance with the terms hereof. As used herein, the term
“business day” shall mean any day other than a Saturday, Sunday or a legal holiday for
which U.S. Mail service is not provided. Whenever any date or the expiration of any
period specified under this Agreement falls on a day other than a business day, then
such date or period shall be deemed extended to the next succeeding business day
thereafter.
XI. MISCELLANEOUS
A.Amendment of Agreement. No amendment to this Agreement shall be valid
unless signed in writing by Avon and the Owner.
B.Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
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C.Assignment. The Owner shall have the right to assign or transfer all of its interests,
rights and obligations under this Agreement to third parties acquiring the Property,
subject to the Development Plan and all terms, rights and obligations of this
Agreement. Any assignee shall fully assume in writing all obligations of the Owner
assigned to such assignee and Owner must obtain Avon’s written consent to such
assignment, which consent will not be unreasonably withheld or delayed if the
Owner has reasonably demonstrated to Avon that the assignee has the financial
capability to perform the obligations under this Agreement so assigned. Upon
completion of the Development and issuance of a Certificate of Occupancy, the
Owner may convey or transfer the Property to another entity and the surviving
obligations of this Agreement shall automatically be assigned to such new owner.
D.Estoppel Certificates. Avon, at any time and from time to time upon not less than
twenty (20) days’ prior written notice from the Owner, shall execute and deliver to
the Owner a statement in the form provided by the Owner: (i) certifying that this
Agreement is unmodified and in full force and effect, or, if modified, stating the
nature of such modification and certifying that this Agreement, as so modified, is
in full force and effect, or, if terminated, certifying that all of the Owner’s
obligations have been satisfied and this Agreement is terminated;
(ii) acknowledging that there are not any uncured defaults on the part of the Owner
or specifying such defaults if they are claimed; and (iii) containing such other
information regarding this Agreement as Developer reasonably requests.
E.Compliance with General Regulations. The approval of the Development Plan
and this Agreement shall not preclude the application of Avon’s Municipal Code,
ordinances and regulations, or state or federal laws and regulations, which are
general in nature and are applicable to all property subject to land use regulation by
Avon, including, but not limited to, building, exterior energy offset, fire, plumbing,
electrical and mechanical codes, as all such regulations exist on the date of this
Agreement or may be enacted or amended after the date of this Agreement.
Furthermore, all matters not covered by this Agreement are controlled by the
Municipal Code. This Agreement does not prevent Avon from imposing additional
building and construction related requirements that are not inconsistent with this
Agreement as conditions for approval of a building permit.
F.Counterparts. This Agreement shall be executed in multiple counterparts, each of
which shall be deemed to be an original and all of which taken together shall
constitute one and the same agreement. Any electronically delivered counterparts
shall have the same force and effect as an “ink-signed” original.
G.No Joint Venture or Partnership. No form of joint venture or partnership exists
between Avon and the Owner, and nothing contained in this Agreement shall be
construed as making Avon and the Owner joint venturers or partners.
H.No Third Party Beneficiaries. This Agreement is not intended to and shall not in
fact create any third-party beneficiaries.
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I.No Waiver of Governmental Immunity. Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that
may be available by law to Avon, its officials, employees, contractors, or agents, or
any other person acting on behalf of Avon and, in particular, governmental
immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
J.Recording of Agreement. This Agreement shall be recorded in the Clerk and
Recorder’s office for the County of Eagle and the obligations contained in this
Agreement shall run with the land.
K.Severability. In the event that any term, provision, covenant, or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, then the remaining provisions of this Agreement shall continue in
full force and effect so long at the intent of this Agreement is not frustrated.
L.TABOR. The Parties understand and acknowledge that Avon is subject to
Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a
multi-fiscal year direct or indirect debt or obligation within the meaning of
TABOR. The Owner understands and agrees that, notwithstanding anything in this
Agreement to the contrary, to the extent the $4,000,000 Contribution, the
$6,000,000 Contribution and the Deferred Contribution (collectively, the “Avon
Contributions”) have not been made by December 31, 2026, Avon’s deposit of the
Avon Contributions is dependent and conditioned upon the continued availability
of funds beyond the term of Avon’s current fiscal period ending on December 31,
2026 or, with respect to the Deferred Contribution, upon Eagle County delivering
to Avon its portion of the funds necessary to make the Deferred Contribution.
Financial obligations of Avon payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations and resolutions of Avon and
other applicable law. However, if Avon does not make the Avon Contributions,
the Owner shall have the rights and remedies set forth in Section IX.D of this
Agreement.
M.Waiver. No waiver of one or more terms of this Agreement shall be effective
unless in writing. No waiver of any provision of this Agreement in any instance
shall constitute a waiver of such provision in other instances.
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IN WITNESS WHEREOF, Avon and the Owner have executed this Agreement effective as of
the Effective Date.
TOWN OF AVON:
By:ATTEST:
Tamra Underwood, Mayor Miguel Jauregui Casanueva
APPROVED AS FORM:
Nina Williams, Town Attorney
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OWNER:
GP Avon Developer, LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
20___, by _______________ as _____________________ of GP Avon Developer, LLC, a
Delaware limited liability company.
WITNESS my hand and official seal.
My commission expires: ___________
Notary Public
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EXHIBIT A
Legal Description of the Property
PARCEL 1:
LOT B, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 7, 2003 AT RECEPTION NO. 832542.
PARCEL 2:
LOTS 2 AND 3, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF
LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47,
48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK,
AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542, (EXCEPT
FOR LOT 2A (ALSO KNOWN AS RECONVEYANCE LOT A) AND LOT 3A (ALSO KNOWN
AS RECONVEYANCE LOT B) AS SHOWN THEREON, AND AS DESCRIBED IN THE
GENERAL WARRANTY DEEDS RECORDED ON OCTOBER 5, 2010 AT RECEPTION NO.
201019949 AND RECEPTION NO. 201019950, RESPECTIVELY).
PARCEL 3:
LOT 5, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 07, 2003 AT RECEPTION NO. 832542.
PARCEL 4:
LOT 7, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 7, 2003 AT RECEPTION NO. 832542.
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EXHIBIT B
Civic Plaza Description
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EXHIBIT C
Community Space
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EXHIBIT D
Pedestrian Connection
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EXHIBIT E
Designation of Deed Restricted Units
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EXHIBIT F
Findings of Fact and Record of Decision
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EXHIBIT G
Public Improvements Agreement
PUBLIC IMPROVEMENTS AGREEMENT
(THE SUMMIT)
THIS PUBLIC IMPROVEMENTS AGREEMENT (THE SUMMIT) (“Agreement”),
is made and entered on ___________________, 20___, (the “Effective Date”) by and among GP
Avon Developer, LLC, a Delaware limited liability company (together with its successors and
assigns “Owner”), and the Town of Avon, a Colorado home rule municipality, (“Town”) (Owner
and Town may individually be referred to as a “Party” and collectively referred to as “Parties”).
RECITALS
This Agreement is made with reference to the following facts:
WHEREAS, the Owner owns certain property that is legally described in Exhibit A: Legal
Description of Property attached hereto and incorporated herein (“Property”) and desires to
enter into this Agreement with the Town pertaining to the Property; and
WHEREAS, pursuant to the Town’s Municipal Code (“Code”), the Town desires to make
reasonable provisions for completion of certain public improvements generally described in
Exhibit B attached hereto and incorporated herein (“Public Improvements”) and depicted in the
plans approved by the Town in accordance with the Code and set forth in Exhibit B (together with
minor changes approved by the Town Engineer from time to time, “Approved Plans”); and
WHEREAS, the Owner is responsible for the completion of the Public Improvements; and
WHEREAS, the Owner acknowledges and agrees that certain restrictions on development will
apply to the Property until the Public Improvements are completed in accordance with the terms
and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants, conditions and
promises, the Parties hereby agree as follows:
1.Completion of Work.
(a)Performance. Owner agrees to furnish, or cause to be furnished, all equipment,
labor and material necessary to perform and complete, in a good and workmanlike
manner, all Public Improvements and work incidental thereto (“Work”) as depicted
on the Approved Plans. Owner further agrees that Owner will be responsible for
all costs of Public Improvements. Said Work shall be performed substantially in
accordance with the Approved Plans.
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(b)Time for Completion of Public Improvements. Owner agrees to complete the
Public Improvements within four (4) years of the Effective Date; provided,
however, that any Work within West Beaver Creek Boulevard shall be completed
within a sixty (60) day timeframe in either the spring or fall. For the purposes of
this Paragraph 1(b), the date of completion of the Public Improvements is defined
as the date that Owner submits the Completion Certification as described in
Paragraph 5. The Owner may request an extension for completion of the Public
Improvements. The request for an extension shall be submitted to the Town in
writing at least thirty (30) days prior to the otherwise applicable deadline for
completion, provided that the Town may reduce or waive this requirement in the
Town’s discretion. The Town may review the status of completion of the Public
Improvements when considering a request for extension of the time to complete
and the Town may require additional inspection, testing and other measures to
preserve and verify the quality of the Work and materials prior to Construction
Acceptance (defined in Paragraph 1(e)), which additional costs shall be borne by
the Owner. Construction Acceptance of Public Improvements by the Town must
be obtained prior to the issuance of either a temporary or final certificate of
occupancy (collectively, “Certificate of Occupancy”) for any building to be
served by the Public Improvements (or applicable portion or phase thereof).
(c)Inspection Procedures. All Work shall be done under the inspection procedures
and standards established by the Town and Holy Cross Energy, Eagle River Water
and Sanitation District, Upper Eagle River Water Authority, Xcel Energy, Qwest
Communications, Comcast or any other utility (collectively, “Utilities”), as
applicable, and shall be subject to the reasonable satisfaction of the Town and
applicable Utilities. The Town will not accept the Work as complete until the Town
provides Construction Acceptance (pursuant to Paragraph 1(e) below). Once the
Town receives a Completion Certification (as defined in Paragraph 5 below) from
the Owner’s engineer that the Work is complete, or portions of the Work are
complete, the Town shall, within twenty-five (25) days, review the engineer’s
Completion Certification, inspect the Work, and provide a written notice of
Construction Acceptance (defined in Paragraph 1(e)) or provide a Notice of Non-
Compliance (as defined in Paragraph 1(f) below). Such inspections by the Town
and Utilities shall not relieve the Owner or Owner’s agents from any responsibility
or obligation to assure that all Work is completed substantially in conformance with
the Approved Plans and this Agreement.
(d)Cost of Inspections. The cost, if any, of such inspections, by Town employees, or
an independent third party inspector, shall be paid by the Owner, subject to the
limitations set forth in Paragraph 7 below.
(e)Construction Acceptance. Upon completion of the Public Improvements,
satisfactory inspection by the Town to verify compliance of the construction with
the Approved Plans and receipt of the As-Built Plans, the Town shall provide
construction acceptance (“Construction Acceptance”) of the Public
Improvements in writing to the Owner. The Town may provide Construction
Acceptance for a portion of the Public Improvements where such portion is
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independent from, and unaffected by, the remaining Public Improvements or for
the completion of a phase of the Public Improvements.
(f)Notice of Non-Compliance. In the event that the Town through its inspectors
reasonably determines that the Public Improvements are not substantially in
compliance with the Approved Plans, it shall give written notice of such non-
compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non-
Compliance shall include a narrative describing the unsatisfactory construction
work with specific reference to the applicable Approved Plans and specifications.
The Owner shall correct the unsatisfactory Work and re-submit As-Built Plans as
appropriate.
2.Intentionally Omitted.
3.Restriction on Certificate of Occupancy. The Town will not issue a Certificate of
Occupancy for the Property to be served by the Public Improvements until the Town has
issued Construction Acceptance of the Public Improvements. Notwithstanding anything
in this Agreement to the contrary, and provided the Owner otherwise agrees to promptly
complete the unfinished work outlined below, the Town shall issue a temporary certificate
of occupancy for the Property and permit residents to move into the building constructed
on the Property, if:
(a)The Owner has substantially completed the construction of the Public
Improvements and the remaining work does not create a safety hazard; or
(b)The Owner is unable to complete the road work portion of the Public Improvements
because it is during a period where Avon does not permit work within the roadway.
4.No Completion Guarantee for Public Improvements. Given the limited scope of the
Public Improvements, the Town will not require the Owner to provide a financial guarantee
to secure the completion of the Public Improvements.
(a)Intentionally Omitted.
(b)Intentionally Omitted.
(c)Intentionally Omitted.
5.Engineering Certification. Upon completion of portions of the Public Improvements,
Owner will cause Owner’s engineers (who shall have been actively engaged in observing
the construction of the Public Improvements and shall be registered engineers in the State
of Colorado) to provide a written opinion (“Completion Certification”), to the satisfaction
of the Town Engineer, that based upon on-site observation, review of sufficient
construction-observation reports, field test reports and material test reports and
certifications by qualified personnel, the installation of the Public Improvements, or
portions thereof as may be completed from time to time, have been completed, to the best
of their knowledge and professional judgment, substantially in conformance with the
Approved Plans. Inspection reports, test results, as-constructed plans and other supporting
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documentation shall be submitted with the Completion Certification. The as-constructed
plans shall be submitted on paper and in one of the following digital formats: AutoCad
DWG, AutoCad DXF, or ESRI GIS shapefile.
6.Warranty Period. The Public Improvements shall be warranted to be free from defects
in workmanship or quality for a period of two (2) years after Construction Acceptance of
all the Work by the Town (“Warranty Period”). Given the limited scope of the Public
Improvements, the Town will not require the Owner to provide a financial guarantee to
secure the Public Improvements during the Warranty Period.
(a)Intentionally Omitted.
(b)Corrective Work. In the event of any defect during the Warranty Period, the Town
may require Owner to correct the defect in material or workmanship (“Corrective
Work”). If Corrective Work is performed during the two (2) year Warranty Period
then the warranty on such Corrective Work shall be extended for two (2) years from
the date on which the Corrective Work receives Construction Acceptance by the
Town.
(c)Intentionally Omitted.
7.Review and Inspection Fees. Fees for review and inspections, if any, shall be paid by the
Owner within thirty (30) days after delivery of written invoice for such fees to cover the
cost of inspections by the Town. The fees, if any, will be based on direct (out-of-pocket)
costs of the Town plus an administrative fee in the amount of fifteen (15%) percent of the
direct costs, but in no event will the total amount of such inspection fees exceed five percent
(5%) of the actual aggregate costs for such Public Improvements.
8.No Obligation of Town to Complete Improvements. Owner agrees that in the event
Owner shall fail to perform its obligations as set forth herein, the Town shall be under no
obligation to complete any of the Public Improvements or to issue a Certificate of
Occupancy for the development served by the Public Improvements.
9.Non-Liability of Town; Indemnification. The Town shall not, nor shall any officer,
agent, or employee thereof, be liable or responsible for any accident, loss or damage related
to the Work specified in this Agreement, nor shall the Town, nor any officer, agent or
employee thereof, be liable for any persons or property injured by reason of the nature of
said Work. To the extent permitted by law, Owner hereby agrees to indemnify and hold
harmless the Town, and any of its officers, agents and employees against any losses,
claims, damages or liabilities to which the Town or any of its officers, agents or employees
may become subject, because of any losses, claims, damages or liabilities (or actions in
respect thereof) that arise out of, or are based upon, any acts or omissions in the
performance of the obligations of Owner, as hereinbefore stated. Furthermore, the Owner
shall reimburse the Town for any and all legal or other expenses reasonably incurred by
the Town in connection with investigating or defending any such loss or claim.
10.Rights of Town in Event of Default. In the event that Owner defaults in whole or in part
in the performance of this Agreement, and after the expiration of thirty (30) days after
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having given written notice to Owner of such default during which period of time the
Owner fails to correct said default, the Town may, at its sole discretion, proceed with the
construction or completion of the Public Improvements specified in the Approved Plans or
proceed to secure the site to prevent erosion and implement best management practices for
storm water management. The Town shall have access to the site to perform such work.
All costs paid by the Town to correct or complete the Public Improvements, including cost
of personnel, equipment, materials, studies, legal and other amounts expended by the Town
to perform the Public Improvement construction responsibilities of Owner, together with
an administrative fee in the amount of fifteen percent (15%) of the total costs incurred by
Town shall be paid by Owner. The Owner shall reimburse any costs incurred by the Town
(including the 15% administrative fee) relating to correction or completion of the Public
Improvements and/or related to securing the site within thirty (30) days after receipt of a
demand for such amounts. In addition to other remedies stated in this Agreement, if the
Owner is in default of this Agreement, the Town may withhold the issuance of a Certificate
of Occupancy for or on any Property which would be served by the Public Improvements
until such time as the Public Improvements are completed.
11.Letter Certifying Completion and Final Acceptance of Improvements. When all
Public Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired, and provided that Owner is not in
default under any of its obligations to the Town under this Agreement, the Town will issue
a letter of final acceptance for the Public Improvements (“Final Acceptance”), after
consultation with the pertinent utility supplier if necessary, in recordable form, certifying
that all obligations of Owner under this Agreement have been satisfied (“Certification of
Final Acceptance”).
12.Termination. Upon the Town’s issuance of Final Acceptance and Certification of Final
Acceptance for all Public Improvements, this Agreement shall automatically terminate,
without the requirement of further action, demand or notice. Notwithstanding the
foregoing, the Owner’s obligations under Section 9 above shall survive the termination of
this Agreement.
13.Non-Liability of Town for Indirect or Consequential Damages or Lost Profits. The
Parties agree that the Town shall not be liable for indirect or consequential damages,
including lost profits, which result or arise from the Town’s declaration that Owner is in
default of the Agreement, so long as the Town acts in good faith.
14.Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits,
applications, or documents referenced in this Agreement shall be incorporated in this
Agreement for all purposes. In the event of a conflict between any incorporated exhibit and
this Agreement, the provisions of this Agreement shall govern and control.
15.Assignment and Release. Any written assignment shall expressly refer to this Agreement,
specify the particular rights, duties, obligations, responsibilities, or benefits so assigned,
and shall not be effective unless approved by the Town. No assignment shall be effective
to relieve the Owner of the duties, obligations, or responsibilities until a written notice of
assignment is delivered to the Town.
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16.No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or
shall create a contractual relation with, cause of action in favor of, or claim for relief for,
any third party, including any agent, sub-consultant or sub-contractor of the Owner.
Absolutely no third party beneficiaries are intended by this Agreement. Any third-party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
17.Amounts Past Due. Any amounts due to the Town of Avon under this Agreement,
including costs for inspection, which are past due shall bear interest at the rate of one and
one-half percent (1½%) per month (eighteen percent [18%] per annum, compounded
annually).
18.Amendments. This Agreement may be amended from time to time, provided that such
amendment is in writing, signed by all Parties, and recorded in the Office of the Eagle
County Clerk and Recorder, in Eagle County, Colorado.
19.Covenants Running with the Land. This Agreement and the obligations hereof shall be
deemed to be covenants running with the land and shall be binding on the successors and
assigns of the Parties hereto.
20.Recording of Agreement. This Agreement shall be recorded in the Office of the Eagle
County Clerk and Recorder, in Eagle County, Colorado.
21.Venue. Venue for any litigation arising out of this Agreement shall be in the District Court
for Eagle County, Colorado.
22.Good Faith and Reasonableness. The Parties agree that each Party hereto is subject to
the covenant of good faith and fair dealing, which includes an obligation to act reasonably
in all matters associated with the performance and interpretation of this Agreement.
[Signature and Exhibit Pages Follow]
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit G-
Page 7
6637119.76637119.8
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE
EFFECTIVE DATE.
TOWN OF AVON:
BY:ATTEST:
[Mayor or Manager]Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit G-
Page 8
6637119.76637119.8
OWNER:
GP Avon Developer, LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF ____________ )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
20___, by _______________ as _____________________ of GP Avon Developer, LLC, a
Delaware limited liability company.
WITNESS my hand and official seal.
My commission expires: ___________
Notary Public
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit G-
Page 9
6637119.76637119.8
EXHIBIT A: LEGAL DESCRIPTION OF PROPERTY
PARCEL 1:
LOT B, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 7, 2003 AT RECEPTION NO. 832542.
PARCEL 2:
LOTS 2 AND 3, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF
LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47,
48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK,
AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542, (EXCEPT
FOR LOT 2A (ALSO KNOWN AS RECONVEYANCE LOT A) AND LOT 3A (ALSO KNOWN
AS RECONVEYANCE LOT B) AS SHOWN THEREON, AND AS DESCRIBED IN THE
GENERAL WARRANTY DEEDS RECORDED ON OCTOBER 5, 2010 AT RECEPTION NO.
201019949 AND RECEPTION NO. 201019950, RESPECTIVELY).
PARCEL 3:
LOT 5, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 07, 2003 AT RECEPTION NO. 832542.
PARCEL 4:
LOT 7, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 7, 2003 AT RECEPTION NO. 832542.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit G-
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6637119.76637119.8
EXHIBIT B: DESCRIPTION OF PUBLIC IMPROVEMENTS AND APPROVED PLANS
Description of Public Improvements:
West Beaver Creek Boulevard improvements to provide vehicle access to the Property’s
parking garage ramp and surface parking area.
West Beaver Creek Boulevard improvements to create a loading zone/delivery area.
Extension of the heat recovery utility line from adjacent Town property to the Property.
Extension of the heat recovery utility line through the Property.
Approved Plans: [Note to Draft: Engineered drawings to be supplied before building permit.]
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit G-
Page 11
6637119.76637119.8
EXHIBIT C: PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
[Note to Draft: Cost estimate to be supplied before building permit.]
[ to be inserted ]
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 1
6637119.76637119.8
EXHIBIT H
Parking Management Plan
PARKING MANAGEMENT PLAN AGREEMENT
THIS PARKING MANAGEMENT PLAN AGREEMENT (this “Agreement”) is made
and entered into as of _______, 2026 (“Effective Date”) by and between GP AVON
DEVELOPER, LLC, a Delaware limited liability company (together with its successors and
assigns, “Owner”) and the TOWN OF AVON, a home rule municipal corporation of the State of
Colorado (“Avon”) (Owner and Avon may be referred to individually as “Party” and collectively
as “Parties”).
PREAMBLE AND PURPOSE
The Reciprocal Easement Agreement, dated October 30, 1992, as amended (the “Reciprocal
Easement Agreement”), created certain reciprocal parking easements between and among Lot 55
(Alpine Avon Building Company LLC, “AABC”); Lot A/Outlot 1 (“Avon Center”); and Lot B
(GP Avon Developer, LLC, “GPAD”). It is intended that AABC, Avon Center and GPAD will
each agree to amend the Reciprocal Easement Agreement such that GPAD will give up its right to
ten (10) unassigned parking spaces on Lot 55, AABC will give up its right to ten (10) unassigned
parking spaces on Lot B, and Avon Center will agree that its rights to park on Lot B will be
amended and restated by the terms of the Access and Parking Easement entered into between Avon
Center and GPAD contemporaneously with execution of the Amended and Restated Consolidated
Development Agreement dated effective ____, 2026 (the “Amended Development Agreement”).
Except as otherwise defined herein, all capitalized terms used in this Parking Management Plan
shall have the same meanings as ascribed thereto in the Amended Development Agreement. The
Association shall possess approval rights with respect to the Reciprocal Easement Agreement
amendment whereby AABC and GPAD respectively relinquish parking rights on each other’s
property in order to confirm that this arrangement will not adversely impact the Association's
ability to enforce its current parking and maintenance rights on Lot 55.
The Amended Development Agreement contains certain recorded covenants, conditions and
restrictions pertaining to Avon Center’s parking rights in and to the “New Subsurface Parking
Spaces” to be located in the “New Parking Structure” to be constructed on Lot B, and in and to
the “New Surface Parking Spaces” to be located on the “Lot B Property” and on the Avon
Center’s property.
The purpose of this Parking Management Plan is to establish an understanding between Avon
Center and GPAD as to how to best manage parking across the subject areas after the Lot B
“Development” is completed, and to provide for equitable and peaceful adjustment of differences
which may arise.
PLAN OBJECTIVESRecitals
While the planned parking supply with the completion of the Lot B Development will be sufficient
to accommodate authorized user parking demand, unauthorized users could create times when
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6637119.76637119.8
parking is not available for legitimate users. This Parking Management Plan is necessary so that
only authorized owners, guests, tenants, employees, and customers are able to gain access to
parking in the Avon Center’s “Existing Parking Structure”, the New Parking Structure, the New
Subsurface Parking Spaces located in the New Parking Structure, and the New Surface Parking
Spaces (collectively, the “Managed Parking Spaces”), in a manner consistent with both the
Amended Development Agreement and the Reciprocal Easement Agreement amendment. The
objectives of the plan are to:
1. Accommodate authorized users for parking in Managed Parking Spaces; and
2. Establish and maintain efficient use of the Managed Parking Spaces.
This Agreement is made with reference to the following facts:
A. Initially capitalized words and phrases that are used but not otherwise defined in
this Agreement have the meanings set forth in the Development Agreement (as defined below);
B. The Owner owns the approximately 1.7 acre real property located in Avon and
legally described in Exhibit A attached hereto and incorporated herein (the “Property”);
C. The Owner submitted to Avon a Major Development Plan (File No. MJR25003)
application (“Major Development Plan”) and Development Bonus (File No. DEB25001)
application (“Development Bonus”) for the development of a 164 unit residential project and an
approximate 4,000 square foot commercial community space on the Property referred to as “The
Summit”;
D. Public Hearings were held by the Avon Planning and Zoning Commission on
November 17, 2025 and December 8, 2025 and held by Avon Town Council (“Council”) on
January 13, 2026, February 10, 2026, and March 10, 2026;
E. Council approved the Major Development Plan and the associated Development
Bonus applications on March 10, 2026 with certain conditions, as set forth in the Findings of Fact
and Record of Decision attached as Exhibit F to the Development Agreement (the “Approvals”);
F. In order to implement the obligations of Owner and Avon pursuant to the
Approvals, Owner and Avon are entering into “The Summit Development Agreement” of even
date herewith (the “Development Agreement”), which has been or will be recorded in the Clerk
and Recorder’s office for Eagle County;
G. As part of the Development, Owner will be constructing a new underground
parking structure (the “New Parking Structure”), portions of which will be utilized for the benefit
of the Deed Restricted Housing Units and the Community Space; and
H. This Agreement is being executed to supplement the Development Agreement, and
is in satisfaction of Condition 5 of the Approvals.
PLAN STRATEGIESAGREEMENT
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 3
6637119.76637119.8
NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions,
covenants and mutual promises set forth in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and Avon
agree as follows:
1. Recitals. The Recitals set forth above are hereby incorporated into and made a part
of this Agreement.
2. Parking for Deed Restricted Housing Units. Owner agrees that each of the Deed
Restricted Housing Units shall at all times be assigned one exclusive parking space in the New
Parking Structure, as selected by Owner in its reasonable discretion. The occupants of the Deed
Restricted Housing Units shall not be charged additional rent, fees or other amounts for their
parking spaces; it being agreed that parking shall be included in the rent that Owner is entitled to
charge for such units.
3. Parking for Community Space. Pursuant to the Development Agreement, Owner
is required to create the Community Space as a separate unit and to designate four (4) parking
spaces associated with the Community Space as limited common elements allocated to such
Community Space. The parking spaces that will be so designated are identified on Exhibit B
attached hereto. Avon shall not be required to pay any rent, fees or other amounts in connection
with the use of such parking spaces.
4. Maintenance of New Parking Structure. Owner shall be responsible for
maintaining the New Parking Structure, and agrees to keep the New Parking Structure, including
the parking spaces described in Section 1 and Section 2 above, in good order and repair. Avon
shall have no responsibility for maintaining the New Parking Structure or any of the parking spaces
located therein, except that Avon shall be responsible to repair any damages (other than ordinary
wear and tear) to the New Parking Structure caused by any negligent, reckless or willful actions
taken by Avon or any of its employees, agents, guests, or invitees.
5. Parking Plan Strategies. In order to accommodate the distinctvarious types of
authorized users of parking in the ManagedNew Parking SpacesStructure, the following strategies
will be implemented:
(a)1. Parking Management System:. A parking management system will be in
place at the entrances to and throughout the ManagedNew Parking SpacesStructure.
Access to the ManagedNew Parking SpacesStructure may be by key card, fob, or other
means as determined by GPAD with approval of the Avon Center Executive Board.
a. Users with authorized access to the Existing Parking Structure will have unrestricted
access through the New Parking Structure for the purpose of accessing the Existing
Parking Structure. This access will be authorized, monitored, and enforced solely
by the Avon Center Executive Board.
b. A physical barrier (gate) may also be placed at the entrance and exit to the Existing
Parking Structure. This access will be authorized, monitored, managed and
enforced solely by the Avon Center Executive Board.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
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6637119.76637119.8
c. Authorized users of the Lot B Development will not be permitted to park in the Existing
Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking
Spaces without the consent of the Avon Center Executive Board.
(b)2. Temporary/Transient Parking Validation:. Users who are entering the
New Parking Structure, the New Subsurface Parking Spaces or the New Surface Parking
for a short time will be required to register their cars with a professional parking
management system provider (the “Parking Management Company”) using their mobile
phone or similar process.
a. Appropriate validation times will vary by the type of business and will be set/managed
by GPAD in consultation with the individual business owners in Avon Center and
general oversight and approval rights reserved to the Avon Center Executive Board.
b. . Temporary/transient users who are patronizing the Lot B Development will
also be required to obtain validation. This oversight will be reserved to the owner of Lot
B subject to reasonable caps agreed by GPAD and the Avon Center Executive Board on
the number and permitted parking period of temporary/transient users allowed to utilize
the New Parking Structure, the New Subsurface Parking Spaces or the New Surface
Parking for short term parking while patronizing the Lot B Development.
(c)3. Overnight Parking:. Authorized overnight users of the ManagedNew
Parking SpacesStructure will include residential unit owners/tenants and guests of
residential unit owners/tenants.
a. GPAD and the Avon Center Executive Board will work together to endeavor that
strategies are in place for parking in the Managed Parking Spaces, especially during
“Peak Usage Times”, defined to mean major holiday periods and other periods of
intensive parking usage which shall not exceed a cumulative total of thirty (30) to
forty (40) days per year for all such holiday and other periods of peak usage.
b. Strategies may include limits on the number of vehicles that may be parked by any one
person, or family, and/or per residential unit during Peak Usage Times and
promotion of the Existing Parking Structure as the first/best option for Avon Center
owners, tenants and guests.
4. Lot B Development Parking: GPAD will provide the New Subsurface Parking Spaces in the
New Parking Structure dedicated to and restricted for the use of Avon Center. GPAD will
manage and enforce parking restrictions for New Subsurface Parking Spaces.
5. Avon Center Employee Parking: Avon Center employee parking will only be permitted in the
New Surface Parking Spaces and in the Existing Parking Structure on a limited basis while
the employee is physically present and working at Avon Center. There is the impression
that employee parking has been abused in that employees have been observed in the past
parking on Lot B and in the Existing Parking Garage even when they are not scheduled to
work at the authorized business, or employees have been observed engaging in the
unauthorized transfer of employee parking passes. In the future, employee parking will be
managed to ensure that only authorized employees are parking where permitted.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 5
6637119.76637119.8
a. The Avon Center Executive Board may identify the spaces that are available for
employee parking in the New Surface Parking Spaces and the Existing Parking
Structure. This will serve to ensure that priority is given to customers of businesses
served by the Managed Parking Spaces.
b. GPAD and the Avon Center Executive Board will work together to endeavor that
strategies are in place for employee parking in the Managed Parking Spaces,
especially during Peak Usage Times.
(d)6. Long-Term Parking/Vehicle Storage: No long-term. No long-term
parking or vehicle storage in the New Parking Structure, the New Subsurface Parking
Spaces, the New Surface Parking Spaces, or the Existing Parking Structure will be
permitted; provided, however, at the discretion of the Avon Center Executive Board
exceptions may be granted at times of low activity or demand.
(e)7. Communication and Discussion Model:. In order to establish, promote
and maintain an on-goingon-going mutually positive environment between Avon Center
and GPADOwner, a process will be established to identify issues of concern to the
partiesParties, explore options for their resolution and come to mutually acceptable
agreements to resolve issues raised.
OPERATIONAL PLAN
6.For the purpose of fully understanding the operational implications of the above
objectives and strategies, the following plans are presented as examples of how the plan may be
implemented. GPADOperational Plan. Owner intends to engage at its sole cost and expense the
Parking Management Company to design and implement the technological aspects of the parking
management system once completed by the Parking Management Company and approved by the
Avon Center Executive Board and GPAD.
(a)a. Gated Access: GPAD would. Owner will determine the best system to
accomplish the plan objectives/strategies in consultation with the other parties to the
Reciprocal Easement Agreement. Gated Access may be an option but is not required by
mutual agreement of GPAD and Avon Center other than any gate or other barrier that the
Avon Center Executive Board unilaterally may place or require to be placed by GPAD
(a) at the entrance and exit to the Access Ramp during construction of the Lot B
Development, and (b) at the entrance and exit to the Existing Parking Structure at all times
prior to, during and following completion of construction of the Lot B Development..
(b)b. Validation: GPAD. Owner has identified Metropolis Parking Systems
(https://www.metropolis.io/https://www.metropolis.io/) as the designated Parking
Management Company for validation, collection and enforcement of the ManagedNew
Parking Spaces. GPADStructure. Owner may identify and utilize an alternative Parking
Management Company so long as the alternative Parking Management Company can
provide validation, collection, and enforcement services in accordance with this Plan.
(c)c. Management: GPAD. Owner will provide 24/7 management of parking
in the ManagedNew Parking SpacesStructure to assist owners, guests, tenants, employees,
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
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6637119.76637119.8
and other authorized users who may need assistance regarding access, validation, payment,
or other services.
d. Existing Parking Garage Access: Avon Center, at Avon Center’s expense, will provide
readers and credentials (cards, fobs, or phone APP access) for use by its owners,
guests, tenants, employees, and other authorized users. The readers and credentials
would allow passage through the New Parking Structure to the Existing Parking
Structure. The number of credentials issued would be determined by the Avon
Center Executive Board. It is expected that once a credential is used to enter the
New Parking Garage and the Existing Parking Garage, it cannot be used again until
the vehicle using it exits those garages. The Avon Center Executive Board would
be solely responsible for the management and distribution of the credentials.
e. Avon Center Employee Parking/Residential Guest Parking: Avon Center business
owners and Residential Unit Owners may be required to register their
employees/guests through the Parking Management Company’s phone APP and
web-based system to park in the New Parking Structure, the New Subsurface
Parking Spaces, or the New Surface Parking Spaces.
f. Revenue: All gross parking revenue generated from any of the 42 New Subsurface
Parking Spaces dedicated for the exclusive use of Avon Center and from the New
Surface Parking Spaces, less Parking Management Company fees not greater than
fees charged for comparable paid parking operations by other competitor parking
management companies, will be the sole property of the Association and paid by
GPAD to the Association quarterly. All parking revenue generated from any
parking spaces located in the New Parking Structure other than the 42 New
Subsurface Parking Spaces dedicated for the exclusive use of Avon Center shall be
the sole property of GPAD.
(d) Revenues. All parking revenues generated from the New Parking Structure
shall be the sole property of Owner or Avon Center (hereafter defined) to the extent
provided by separate agreement between Owner and Avon Center. Avon shall not be
entitled to any parking revenues generated by the New Parking Structure.
7. Compliance and Enforcement. Owner will comply with all of its obligations under
any other agreements relating to parking at or related to the Development, including without
limitation, agreements with Avon Center at Beaver Creek – I Homeowners Association (“Avon
Center”), and will not, without the prior written consent of Avon, (a) fail to enforce the obligations
of any other parties to any such agreements to the extent such failure would have a material adverse
effect on the rights of Avon under this Agreement or (b) agree to any modifications or amendments
to any such agreements to the extent such modifications or amendments would have a material
adverse effect on the rights of Avon under this Agreement.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 7
6637119.76637119.8
8. Default and Remedies.
(a) Default by Avon. A “breach” or “default” by Avon under this Agreement
shall be defined as Avon's failure to perform its obligations under this Agreement, after the
applicable cure period described in Section 8(c), below.
(b) Default by Owner. A “breach” or “default” by the Owner shall be defined
as the Owner's failure to fulfill or perform any obligation of the Owner contained in this
Agreement following the applicable cure period described in Section 8(c) below, or the
Owner's failure to fulfill or perform any obligation of the Owner contained in any other
written agreement relating to the Property between Avon and Owner following any
applicable cure period contained in such agreement.
(c) Notices of Default. In the event of a default by either Party under this
Agreement, the non defaulting Party shall deliver written notice to the defaulting Party of
such default, at the address specified in Section 9, and the defaulting Party shall have five
(5) days for monetary obligations and thirty (30) days for non monetary obligations from
and after receipt of such notice to cure such default. With respect to non monetary
obligations, if such default is not of a type that with the exercise of reasonable diligence
can be cured within such thirty (30) day period and the defaulting Party gives written notice
to the non defaulting Party within such thirty (30) day period that it is actively and
diligently pursuing such cure, the defaulting Party shall have a reasonable period of time
up to one hundred twenty (120) days given the nature of the default to cure such default,
or such longer period if mutually agreed by the Parties, provided that such defaulting Party
is at all times within such additional time period actively and diligently pursuing such cure.
(d) Remedies for Default by Avon. If a default by Avon under this Agreement
is not cured as described in Section 8(c), the Owner shall have the right to enforce Avon's
obligations by an action for any equitable remedy, including, without limitation, injunction
or specific performance or an action to recover damages. Each remedy in this Section 8(d)
is cumulative and is in addition to every other remedy provided for in this Agreement or
otherwise existing at law or in equity.
(e) Remedies for Default by the Owner. If any default by the Owner under this
Agreement is not cured as described in Section 8(c), Avon shall have the right to enforce
the Owner's obligations hereunder by an action for any equitable remedy, including
injunction or specific performance, or an action to recover damages. Each remedy in this
Section 8(e) is cumulative and is in addition to every other remedy provided for in this
Agreement or otherwise existing at law or in equity. A default of this Agreement by the
Owner also constitutes a violation of the Municipal Code and non compliance with the
Development Plan for this Property and Avon shall have all enforcement rights as
described in the Municipal Code and other applicable sections of the Municipal Code
concerning enforcement and penalties for violations.
(f) Mediation. The Parties agree that prior to submitting any controversy or
claim arising out of or relating to this Agreement, including, without limitation, any breach,
default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
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6637119.76637119.8
legal process, the Parties shall attempt to resolve the controversy or claim in good faith in
accordance with the procedures stated in this Section 8(f) The Party asserting the breach,
default, controversy, or claim shall first provide written notice to the other Party, citing this
Section 8(f), and requesting consideration by the other Party to resolve the controversy or
claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days
from the date of the notice commencing this process. If the dispute is not resolved within
thirty (30) days of the date of the notice, or by such longer period as may be mutually
agreed by the Parties, then either Party may initiate a legal action. At any time after the
written notice citing this Section 8(f), the Parties may mutually agree to appoint an
independent neutral third party (“Mediator”) to assist them in resolving the dispute. In
such an instance, (i) each Party agrees to provide the Mediator access to all relevant and
non privileged documents and may impose reasonable confidentiality provisions; (ii) the
Parties may make representations and submissions to the Mediator but there shall be no
formal hearing unless the Mediator requires a formal hearing and provides a written notice
to the Parties; (iii) the Mediator shall make his or her recommendations in writing as soon
as is reasonably possible but not later than thirty (30) days following the receipt of
representations and submissions by each Party; (iv) the Mediator's recommendation shall
not be binding upon the Parties, but would become binding upon the Parties if voluntarily
accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally
by the Parties. Following receipt by the Parties of the recommendations made by the
Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually
agreed by the Parties, to accept said recommendation or a mutually acceptable alternative.
Submission of the dispute to the Mediator shall be deemed by the Parties to toll the
applicable statute of limitations until the mediation process is concluded.
9. Notices. Any notice or communication required or permitted under the terms of
this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective
legal counsel, and shall be deemed given and received (i) when hand delivered to the intended
recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the
United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with
return receipt requested; (iii) one (1) business day after the same is deposited with an overnight
courier service of national reputation having a delivery area encompassing the address of the
intended recipient, with the delivery charges prepaid; or (iv) when receipt via electronic mail is
acknowledged by the recipient. Any notice shall be delivered, mailed, or sent, as the case may be,
to the appropriate address set forth below:
If to Avon: Town of Avon
Attention: Town Manager
P.O. Box 975
Avon, Colorado 81620
Email: townmanager@avon.org
And:Town of Avon
Attention: Town Attorney
P.O. Box 975
Avon, Colorado 81620
Email: townattorney@avon.org
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 9
6637119.76637119.8
If to Owner: GP Avon Developer, LLC
c/o Grand Peaks Properties, Inc.
Attention: Don Simpson and Alan Simpson
4582 South Ulster Street Parkway, Suite 1200
Denver, Colorado 80237
Email: dsimpson@grandpeaks.com;
asimpson@grandpeaks.com
With a copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
Attention: Michael Westover and Lindsay Lyda
950 17th Street., Suite 1600
Denver, Colorado 80202
Email: mwestover@ottenjohnson.com;
llyda@ottenjohnson.com
Each Party may change its addresses and/or email addresses for notices pursuant to a written notice
that is given in accordance with the terms hereof. As used herein, the term “business day” shall
mean any day other than a Saturday, Sunday or a legal holiday for which U.S. Mail service is not
provided. Whenever any date or the expiration of any period specified under this Agreement falls
on a day other than a business day, then such date or period shall be deemed extended to the next
succeeding business day thereafter.
10. Miscellaneous.
(a) Amendment of Agreement. No amendment to this Agreement shall be valid
unless signed in writing by Avon and the Owner.
(b) Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
(c) Assignment. The Owner shall have the right to assign or transfer all of its
interests, rights and obligations under this Agreement to third parties acquiring the
Property, subject to the Development Plan and all terms, rights and obligations of this
Agreement. Any assignee shall fully assume in writing all obligations of the Owner
assigned to such assignee and Owner must obtain Avon's written consent to such
assignment, which consent will not be unreasonably withheld or delayed if the Owner has
reasonably demonstrated to Avon that the assignee has the financial capability to perform
the obligations under this Agreement so assigned. Upon completion of the Development
and issuance of a Certificate of Occupancy, the Owner may convey or transfer the Property
to another entity and the surviving obligations of this Agreement shall automatically be
assigned to such new owner.
(d) Estoppel Certificates. Avon, at any time and from time to time upon not
less than twenty (20) days' prior written notice from the Owner, shall execute and deliver
to the Owner a statement in the form provided by the Owner: (i) certifying that this
Agreement is unmodified and in full force and effect, or, if modified, stating the nature of
such modification and certifying that this Agreement, as so modified, is in full force and
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
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effect, or, if terminated, certifying that all of the Owner's obligations have been satisfied
and this Agreement is terminated; (ii) acknowledging that there are not any uncured
defaults on the part of the Owner or specifying such defaults if they are claimed; and
(iii) containing such other information regarding this Agreement as Developer reasonably
requests.
(e) Compliance with General Regulations. The approval of the Development
Plan and this Agreement shall not preclude the application of Avon's Municipal Code,
ordinances and regulations, or state or federal laws and regulations, which are general in
nature and are applicable to all property subject to land use regulation by Avon, including,
but not limited to, building, exterior energy offset, fire, plumbing, electrical and mechanical
codes, as all such regulations exist on the date of this Agreement or may be enacted or
amended after the date of this Agreement. Furthermore, all matters not covered by this
Agreement are controlled by the Municipal Code. This Agreement does not prevent Avon
from imposing additional building and construction related requirements that are not
inconsistent with this Agreement as conditions for approval of a building permit.
(f) Counterparts. This Agreement shall be executed in multiple counterparts,
each of which shall be deemed to be an original and all of which taken together shall
constitute one and the same agreement. Any electronically delivered counterparts shall
have the same force and effect as an “ink signed” original.
(g) No Joint Venture or Partnership. No form of joint venture or partnership
exists between Avon and the Owner, and nothing contained in this Agreement shall be
construed as making Avon and the Owner joint venturers or partners.
(h) No Third Party Beneficiaries. This Agreement is not intended to and shall
not in fact create any third party beneficiaries.
(i) No Waiver of Governmental Immunity. Nothing in this Agreement shall
be construed to waive, limit, or otherwise modify any governmental immunity that may be
available by law to Avon, its officials, employees, contractors, or agents, or any other
person acting on behalf of Avon and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part
1 of the Colorado Revised Statutes.
(j) Recording of Agreement. This Agreement shall be recorded in the Clerk
and Recorder's office for the County of Eagle and the obligations contained in this
Agreement shall run with the land.
(k) Severability. In the event that any term, provision, covenant, or condition
of this Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, then the remaining provisions of this Agreement shall continue in full force
and effect so long as the intent of this Agreement is not frustrated.
(l) Reasonableness. Each Party agrees that it will not unreasonably withhold,
delay or condition any consent or approval that it may be requested to provide pursuant to
this Agreement.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 11
6637119.76637119.8
(m) Waiver. No waiver of one or more terms of this Agreement shall be
effective unless in writing. No waiver of any provision of this Agreement in any instance
shall constitute a waiver of such provision in other instances.
[Remainder of page intentionally left blank; signatures follow]
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 12
6637119.76637119.8
IN WITNESS WHEREOF, Avon and the Owner have executed this Agreement effective
as of the Effective Date.
GP AVON DEVELOPER, LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2026, by _______________ as _____________________ of GP Avon Developer, LLC, a
Delaware limited liability company.
WITNESS my hand and official seal.
My commission expires: ___________
Notary Public
TOWN OF AVON:
By:ATTEST:
Tamra Underwood, Mayor Miguel Jauregui Casanueva
APPROVED AS FORM:
Nina Williams, Town Attorney
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 13
6637119.76637119.8
EXHIBIT A
THE PROPERTY
PARCEL 1:
LOT B, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 7, 2003 AT RECEPTION NO. 832542.
PARCEL 2:
LOTS 2 AND 3, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF
LOTS A AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47,
48, 49, 50, 51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK,
AMENDMENT NO. 4, RECORDED MAY 07, 2003 AT RECEPTION NO. 832542, (EXCEPT
FOR LOT 2A (ALSO KNOWN AS RECONVEYANCE LOT A) AND LOT 3A (ALSO KNOWN
AS RECONVEYANCE LOT B) AS SHOWN THEREON, AND AS DESCRIBED IN THE
GENERAL WARRANTY DEEDS RECORDED ON OCTOBER 5, 2010 AT RECEPTION NO.
201019949 AND RECEPTION NO. 201019950, RESPECTIVELY).
PARCEL 3:
LOT 5, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 07, 2003 AT RECEPTION NO. 832542.
PARCEL 4:
LOT 7, SECOND AMENDED CONDOMINIUM MAP AND RESUBDIVISION OF LOTS A
AND B, AVON CENTER AT BEAVER CREEK A RESUBDIVISION OF LOTS 47, 48, 49, 50,
51, 52, 53, AND 54, BLOCK 2, BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4,
RECORDED MAY 7, 2003 AT RECEPTION NO. 832542.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit H-
Page 14
6637119.76637119.8
EXHIBIT B
COMMUNITY SPACE PARKING SPACES
Problem Resolution: After completion of construction of the Lot B Development, and the
implementation of this Parking Management Plan, a Committee shall be formed whose purpose is
to jointly address future parking issues that may arise and to potentially adjust the number of the
Avon Center’s dedicated New Subsurface Parking Spaces in the New Parking Structure. At the
sole discretion of the Avon Center Executive Board, the number of the Avon Center’s dedicated
New Subsurface Parking Spaces in the New Parking Structure could be decreased or increased
(never to exceed forty-two (42) New Subsurface Parking Spaces in the New Parking Structure).
The released spaces would be added to the revenue generating guest parking spaces in the New
Parking Structure. This Committee will include two representatives designated by GPAD or the
Lot B Development and two representatives designated by the Avon Center Executive Board. The
Committee shall meet at least semi-annually and more frequently if needed, to engage in
communication and discussion, making a good faith effort to actively solve problems in a timely
manner. The process involves two-way meetings with the representatives where each party fully
airs its position and each listens to gain insight into the other’s reasoning.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 1
6637119.76637119.8
EXHIBIT I
Escrow Agreement
ESCROW AGREEMENT
THIS ESCROW AGREEMENT (this “Agreement”) is entered into as of _____________,
2026, by and among GP AVON DEVELOPER, LLC, a Delaware limited liability company
(“Developer”), THE TOWN OF AVON, a home rule municipal corporation of the State of
Colorado (“Avon”), and LAND TITLE GUARANTEE COMPANY, LLC (‘‘Escrow Agent’’).
The parties to this Agreement are sometimes referred to herein individually as a “Party” and
collectively as the “Parties.”
Recitals
A. Developer and Avon are parties to an agreement entitled “The Summit
Development Agreement” dated as of _________________, 2026 (the “Summit Development
Agreement”), pursuant to which Developer and Avon have agreed upon certain terms and
conditions for the development by Developer of a 164-unit residential project and an
approximately 4,000-square foot commercial community space on certain real property described
in the Summit Development Agreement (the “Project”). A copy of the Summit Development
Agreement is attached hereto as Exhibit A. Any initially capitalized terms used but not otherwise
defined in this Agreement shall have the meanings assigned to such terms in the Summit
Development Agreement.
B. Pursuant to the Summit Development Agreement, Avon will be depositing into an
escrow account with Escrow Agent (the “Escrow Account”) certain funds, in the amounts and at
the times set forth in Section 6 of this Agreement (the “Escrowed Funds”), and Developer and
Avon will be depositing into escrow with the Escrow Agent certain documents described in
Section 8 of this Agreement (the “Escrowed Documents”).
C. The Parties desire to enter into this Agreement to set forth the terms applicable to
the establishment of the Escrow Account, the deposit into and disbursement from the Escrow
Account of the Escrowed Funds, and the deposit into escrow and subsequent recordation of the
Escrowed Documents.
Agreement
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby
acknowledge, the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2. Appointment of Escrow Agent. The Parties hereby appoint Escrow Agent to act as
the escrow agent in accordance with the terms and conditions of this Agreement, and Escrow Agent
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 2
6637119.76637119.8
hereby accepts such appointment. Escrow Agent agrees to receive, hold and disburse the Escrowed
Funds, and to receive and record the Escrowed Documents, in accordance with the terms and
conditions of this Agreement. The duties of Escrow Agent are limited to those specifically
provided in this Agreement.
3. Reliance on Notice. Escrow Agent may act in reliance upon any writing or
instrument or signature which Escrow Agent, in good faith, believes to be genuine, and may
assume the validity and accuracy of any statement or assertion contained in such a writing or
instrument, and may assume that any person purporting to give any writing, notice, advice or
instruction in connection with the provisions hereof has been duly authorized so to do.
4. Non-Liability of Escrow Agent. Escrow Agent shall not be liable for any mistakes
of fact, or errors of judgment or for any acts or omissions of any kind unless caused by the willful
misconduct or gross negligence of Escrow Agent. Escrow Agent shall not be liable for any taxes,
assessments or other governmental charges which may be levied or assessed upon the Escrowed
Funds or any part thereof, or upon the income therefrom. Escrow Agent may rely upon the advice
of counsel and upon statements of accountants, brokers or other persons reasonably believed by it
in good faith to be expert in the matters upon which they are consulted, and for any reasonable
action taken or suffered in good faith based upon such advice or statements.
5. Indemnity of Escrow Agent. To the extent permitted by law, Developer and Avon,
jointly and severally, agree to indemnify Escrow Agent for, and hold it harmless against, any and
all liability incurred by the Escrow Agent by reason of this Agreement, or in connection with
Escrow Agent's performance of its duties hereunder, except for any liability resulting from Escrow
Agent’s willful misconduct or gross negligence. Developer shall reimburse Escrow Agent for all
reasonable out-of-pocket expenses, including but not limited to attorneys’ fees and court costs
incurred pursuant to this Agreement, and any necessary disbursements and advances incurred or
made by Escrow Agent in the performance of its duties hereunder.
6. Deposit of Escrowed Funds. Escrow Agent shall establish the Escrow Account
with a financial institution approved by Developer and Avon. Upon receipt of a completed W-9,
the Escrow Account shall be an interest-bearing account, and all interest earned on the Escrowed
Funds shall be added to and become part of the Escrowed Funds. Escrow Agent shall not be
responsible for maximizing the yield on the Escrowed Funds. Under no circumstances shall
Escrow Agent be liable for loss of funds due to bank or other Institution failure, including
employees or agents thereof, suspension or cessation of business, or any action or inaction on the
part of the bank or other institution, or any delivery service transporting funds to and from the
institution. Avon shall deposit the following Escrowed Funds with Escrow Agent, to be placed in
the Escrow Account (the “Avon Deposits”):
(a) Within five (5) business days after receipt thereof, Avon shall deposit with
Escrow Agent the amount of use tax paid by Developer in connection with Avon’s issuance
of a building permit for the Project (the “Building Permit”) (or, if Avon so directs,
Developer shall deposit such use tax directly with Escrow Agent);
(b)WithinOn the earlier of (i) within ten (10) business days following the
deposit made pursuant to Section 6(a) above or (ii) December 31, 2026, Avon shall deposit
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 3
6637119.76637119.8
with Escrow Agent an amount equal to $4,000,000, less the amount deposited pursuant to
Section 6(a) above.
(c)WithinOn the earlier of (i) within ninety (90) days after issuance of the
Building Permit or (ii) December 31, 2026, Avon shall deposit with Escrow Agent an
additional $6,000,000.
(d) Within ten (10) days following issuance of a certificate of occupancy for
the Project, and provided that Eagle County, Colorado (the “County”) has delivered its
portion of such funds to Avon, Avon shall deposit with Escrow Agent an additional
$1,110,0001,840,000 (the “Deferred Deposit”).
7. Release of Escrowed Funds. The Escrowed Funds shall be disbursed by Escrow
Agent to Developer as follows:
(a) The $10,000,000 deposited by Avon with the Escrow Agent pursuant to
Sections 6(a), 6(b), and 6(c) (plus all interest accrued on those funds) shall be disbursed to
Developer in the amounts and at such times as follows:
i.(a) At$2,000,000 at such time as Developer has (i1) invested at least
$40,000,00012,000,000 toward the costs of the Project and (ii2) secured the
remaining funds necessary to construct the Project, based on the guaranteed
maximum price set forth in the Project’s construction contract;
ii. $2,000,000 at such time as Developer has invested an additional
$12,000,000 (for a total of $24,000,000) toward the costs of the Project;
iii. $3,000,000 (plus all interest accrued in the Escrow Account) at such time
as Developer has invested an additional $67,000,000 (for a total of
$91,000,000) toward the costs of the Project; and
iv. $3,000,000 (plus all interest accrued in the Escrow Account) at such time
as Developer has invested an additional $19,000,000 (for a total of
$110,000,000) toward the costs of the Project.
, OwnerPrior to each disbursement, Developer shall deliver to Escrow Agent, with a copy
to Avon, notice of the same, and requesting release of all Escrowed Funds then being held
in the Escrow Account (i.e.,the applicable portion of the Escrowed Funds deposited by
Avon pursuant to subsection 6(a), 6(b) and 6(c) above, plus all interest accrued on those
funds) (the “Disbursement Request”). If Avon does not deliver to Developer and Escrow
Agent a written objection to the Disbursement Request within five (5) business days after
the date of the Disbursement Request, Escrow Agent shall disburse all Escrowed Funds
being held at such time (including all accrued interest) to Developer. The Parties
understand and agree that the Deferred Deposit will not have been made by this time. If
Avon does deliver a written objection to the Disbursement Notice to Developer and the
Escrow Agent within five (5) business days after the date of the Disbursement Request,
Escrow Agent shall not disburse the Escrowed Funds, but shall continue to hold the
Escrowed Funds until receipt of written instructions signed by both Developer and Avon,
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 4
6637119.76637119.8
or if Escrow Agent has not received such written instructions within thirty (30) days
thereafter, it may interplead such funds in accordance with Section 12 of this Agreement.
(b) Within ten (10) days following the recordation of the Community Housing
Deed Restrictions pursuant to Section 8 of this Agreement, the Deferred Deposit, together
with any interest earned thereon, shall be disbursed to Developer.
8. Deposit and Recordation of Community Housing Deed Restrictions. At such time
as Developer and Avon have agreed upon the form of the Community Housing Deed Restrictions
(as defined in the Summit Development Agreement), Developer and Avon shall execute the
Community Housing Deed Restrictions and deliver the same to Escrow Agent. Following
completion of the Project, receipt of joint written direction from Developer and Avon, and the
receipt of sufficient recording fees and filing funds from the Parties. Escrow Agent shall record
the Community Housing Deed Restrictions in the Eagle County Clerk and Recorder’s Office.
9. Termination of Escrow. At such time as the Escrowed Funds have been fully
disbursed by Escrow Agent and the Community Housing Deed Restrictions have been recorded
by Escrow Agent pursuant to the terms of this Agreement, Escrow Agent shall close the Escrow
Account and this Agreement shall terminate and be of no further force and effect.
10. Resignation. Escrow Agent, or any successor to it hereafter appointed, may at any
time resign by giving notice in writing, stating the effective date of its resignation to Developer
and Avon, and furnishing to Developer and Avon a written accounting of the Escrowed Funds, in
such form and containing such information as Developer and Avon may reasonably request, and
upon the appointment of a successor Escrow Agent as hereinafter provided and upon the delivery
to such successor Escrow Agent of all of the Escrowed Funds remaining in Escrow Agent’s
possession, shall be discharged from any further duties hereunder. In the event of such resignation,
a successor Escrow Agent shall be appointed by Developer, subject to the prior approval of Avon,
which approval shall not be unreasonably withheld, conditioned or delayed. Any such successor
Escrow Agent shall deliver to Developer and Avon a written instrument accepting such
appointment hereunder, and thereupon it shall succeed to all of the rights and duties of Escrow
Agent hereunder, and shall take delivery of all then remaining Escrowed Funds and any other
amounts held by it pursuant to this Agreement to hold in accordance with the terms hereof.
11. Notices. All notices, demands or other communications required or permitted to
be given hereunder (each a “Notice” for the purposes of this Section) shall be in writing, unless
oral notice is expressly permitted in the applicable Section. Any and all written Notices shall be
deemed to have been duly delivered upon transmission by email to the applicable address(es) set
forth below. Notwithstanding the foregoing, (a) if the Notice is a termination, default or change
of address Notice, such Notice must be additionally given within two (2) business days by either
personal delivery or overnight delivery with Federal Express or a similar overnight courier service
(provided that if the recipient of such notice given by email acknowledges receipt of such notice
in writing (including by email), the original notice need not be delivered) to the applicable
address(es) set forth below (each an “Alternative Delivery Method”), and (b) if no email address
is provided below for a party, any and all written Notices to such party shall be deemed to have
been duly delivered upon receipt by an Alternative Delivery Method or refusal following an
Alternative Delivery Method attempt in accordance with this Section.
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 5
6637119.76637119.8
If to Developer:
GP Avon Developer, LLC
c/o Grand Peaks Properties, Inc.
4582 South Ulster Street Parkway, Suite 1200
Denver, Colorado 80237
Attention: Don Simpson and Alan Simpson
Email: dsimpson@grandpeaks.com; asimpson@grandpeaks.com
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street., Suite. 1600
Denver, Colorado 80202
Attention: Michael Westover and Lindsay Lyda
Email: mwestover@ottenjohnson.com; llyda@ottenjohnson.com
If to Avon:
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Attention: Town Manager
Email: townmanager@avon.org
Town of Avon
Attention: Town Attorney
P.O. Box 975
Avon, Colorado 81620
Email: townattorney@avon.org
If to Escrow Agent:
Land Title Guarantee Company
3033 East First Avenue, Suite 600
Denver, Colorado 80206
Attention: Charles Ottinger
Email: cottinger@ltgc.com
Each Party may change its addresses and/or email addresses for notices pursuant to a written notice
that is given in accordance with the terms hereof. As used herein, the term “business day” shall
mean any day other than a Saturday, Sunday or a legal holiday for which U.S. Mail service is not
provided. Whenever any date or the expiration of any period specified under this Agreement falls
on a day other than a business day, then such date or period shall be deemed extended to the next
succeeding business day thereafter.
12. Disputes and Interpleader. If any dispute arises between Avon and Developer, or
in the event any party fails for any reason to fully receipt and acquit the Escrow Agent in writing,
the Escrow Agent may refuse to carry out escrow instructions or to deliver any funds, documents,
or property it is holding to anyone. The Escrow Agent may continue, without liability, to refrain
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 6
6637119.76637119.8
and refuse to act: (a) until all the rights of the adverse claimants have been finally adjudicated by
a court having jurisdiction over the parties and the property, after which the Escrow Agent shall
act in accordance with the adjudication; or (b) until all differences have been resolved by
agreement and Escrow Agent has been notified and directed in writing signed jointly by the parties,
at which time the Escrow Agent shall act in compliance with the agreement. The Escrow Agent
may interplead into a court of competent jurisdiction at the Parties’ expense. To the extent
permitted by law, costs and legal fees associated with an interpleader action shall be paid jointly
and severally by Avon and Developer, or deducted from the Escrowed Funds prior to deposit with
the Court.
13. Laws Relating to Unclaimed Funds. The Parties are hereby advised that unclaimed
funds may be payable to the State at some future date pursuant to unclaimed property laws, and
should Escrow Agent pay any such funds held in the Escrow Account, Escrow Agent shall be
released from all further responsibility under the Escrow Agreement and shall not be liable to any
Party so long as such payment was made pursuant to applicable law.
14. Successors and Assigns. All of the terms and provisions of this Agreement shall
be binding upon and inure to the benefit of the respective successors and assigns of the Parties
hereto, and may not be amended, modified or terminated except by a writing signed by all Parties
hereto.
15. Headings. The headings of the articles, sections and subsections of this Agreement
are for convenience and reference only, are not to be considered a part hereof, and shall not limit
or otherwise affect any of the terms hereof.
16. Waiver. No action taken pursuant to this Agreement shall be deemed to constitute
a waiver by the Party taking such action of compliance with any agreement contained herein. No
waiver of any of the provisions of this Agreement shall be valid unless the same is in writing and
signed by the Party against whom such waiver is sought to be enforced. The written waiver by
any Party to this Agreement of a breach of any provision of this Agreement shall not operate or be
construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of
any other provision of this Agreement.
17. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado.
18. Prior Understandings. This Agreement supersedes all prior understandings and
agreements, whether written or not, between the Parties hereto relating to the transactions provided
for herein. This Agreement represents the final agreement between the Parties relating to the
transactions provided for herein and may not be contradicted by evidence of prior,
contemporaneous or subsequent oral agreements of the Parties. There are no unwritten oral
agreements between the Parties. Nothing contained in this Agreement shall be deemed to modify
the terms of the Summit Development Agreement.
19. Severability. Any provision of this Agreement which is declared by a court of
competent jurisdiction to be illegal, invalid, prohibited or unenforceable shall be ineffective only
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 7
6637119.76637119.8
to the extent of such illegality, invalidity, prohibition or unenforceability, without invalidating or
otherwise affecting the remaining provisions of this Agreement.
20. Expenses. Except as expressly provided in this Agreement, each of the Parties to
this Agreement, except Escrow Agent, shall pay its own expenses in connection with this
Agreement and the transactions contemplated hereby, including the fees and expenses of its
counsel and its accountants and other experts.
21. Cumulative Remedies. All rights and remedies of any Party hereto are cumulative
of each other and of every other right or remedy such Party may otherwise have at law or in equity,
and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or
subsequent exercise of other rights or remedies.
22. Costs of Legal Proceedings. In the event that a Party hereunder institutes legal
proceedings with respect to this Agreement, the prevailing Party shall be awarded, in addition to
any other relief to which it is entitled, its costs and expenses incurred in connection with such legal
proceedings, including, without limitation, reasonable attorney’s fees. Notwithstanding the
foregoing, Escrow Agent shall not be held liable for costs, expenses, or attorney’s fees incurred in
connection with legal proceedings pursuant to this Paragraph 22 absent a finding that Escrow
Agent was engaged in willful misconduct or gross negligence.
23. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, and all of which shall constitute but one and the
same instrument. Emailed pdf signatures hereon shall be deemed original signatures for all
purposes.
24. No Waiver of Governmental Immunity. Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that may be available
by law to Avon, its officials, employees, contractors, or agents, or any other person acting on
behalf of Avon and, in particular, governmental immunity afforded or available pursuant to the
Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
25. TABOR. The Parties understand and acknowledge that Avon is subject to
Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the
terms and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi fiscal year direct or indirect debt or obligation
within the meaning of TABOR. Developer understands and agrees that, notwithstanding anything
in this Agreement to the contrary, to the extent the Avon Deposits have not been made by
December 31, 2026, Avon’s deposit of the Avon Deposits is expressly dependent and conditioned
upon the continued availability of funds beyond the term of Avon’s current fiscal period ending
on December 31, 2026 or, with respect to the Deferred Deposit, upon the County delivering to
Avon the funds necessary to make the Deferred Deposit. Financial obligations of Avon payable
after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available in accordance with the rules, regulations and resolutions
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 8
6637119.76637119.8
of Avon and other applicable law. However, if Avon does not make the Avon Deposits, Developer
shall have the rights set forth in Section IX.D of the Summit Development Agreement.
[The remainder of this page has been left blank intentionally.]
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 9
6637119.76637119.8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective
as of the date first set forth above.
DEVELOPER:
GP AVON DEVELOPER, LLC, a Delaware
limited liability company
By:
Name:
Title:
TOWN OF AVON:
By:
Tamra Underwood, Mayor
ATTEST:
Miguel Jauregui Casanueva
APPROVED AS FORM:
Nina Williams, Town Attorney
ESCROW AGENT:
LAND TITLE GUARANTEE COMPANY, LLC
By:
Name:
Title:
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
Exhibit I-
Page 10
6637119.76637119.8
EXHIBIT A
[SUMMIT DEVELOPMENT AGREEMENT]
[to be attached]
ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
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ATTACHMENT A - THE SUMMIT DEVELOPMENT AGREEMENT REDLINE
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER, AT (970) 748-4413 OR MATT@AVON.ORG WITH
YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
ACTION: Commissioner Christianson abstained since he was not present for the April 13th meeting. Commissioner Hansen made a motion to approve the consent agenda. Commissioner Tashman seconded the motion, and the motion passed unanimously 6-0.
8. Future Meetings
8.1. June 8, 2026
8.2. June 22, 2026
9. Administratively Approved Applications
10. Staff Updates
11. Adjourn
The meeting was adjourned at 5:54 PM.
APPROVED:
CHAIRPERSON
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER, AT (970) 748-4413 OR MATT@AVON.ORG WITH
YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
AVON PLANNING & ZONING COMMISSION
Meeting Minutes (DRAFT)
Monday, May 11, 2026
Public Meeting Begins at 5:30 PM
TEAMS LINK: https://teams.microsoft.com/meet/276069688836660?p=pMDbY3igOGw70Sipy1
To join meeting via phone, dial (945) 468-5504 and enter conference ID: 580484318#
1. Call to Order and Roll Call (Chairperson) – 5:30 PM
Meeting commenced at 5:30 PM. A rollcall was taken, and Planning Commissioners Carly Hansen, Brad Christianson, Brian Sipes, Rick Sudekum, Nancy Tashman, and Nicole Murad were present. Commissioner Elizabeth Waters was present remotely. Also present were Planning Manager Jena Skinner, Planner II Claire Perez, and Development Coordinator Emily Block.
2. Swearing in of New Commission Members and Assignment of Chair and Co-Chair
ACTION: Commissioners Nancy Tashman, Nicole Murad, Brian Sipes, and Carly Hansen were sworn in by Deputy Town Clerk Brenda Torres. Commissioner Brian Sipes was re-appointed as chair, and Commissioner Rick Sudekum was appointed as co-chair.
3. Approval of Agenda
ACTION: Commissioner Sipes approved the agenda.
4. Disclosure of any Conflicts of Interest or Ex-Parte Communication Related to Agenda Items
5. Public Comment – Comments are Welcome on Items Not Listed on the Following Agenda Public Comments are limited to three (3) minutes. The speaker may be given one (1) additional minute
subject to Planning and Zoning Commission approval.
6. Public Hearing
6.1. SRU26-001 Walkin the Dog – Claire Perez, Planner II
ACTION: Commissioner Sudekum made a motion to approve the application with conditions as presented in the staff report. Commissioner Murad seconded the motion, and the motion passed unanimously 7-0.
7. Consent Agenda
7.1. April 13, 2026 Planning and Zoning Commission Meeting Minutes
7.2. Record of Decision: MJR26-002 Comfort Inn Remodel
7.3. Record of Decision: SGNP26-001 Christie Lodge Sign Program
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER, AT (970) 748-4413 OR MATT@AVON.ORG WITH
YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
ACTION: Commissioner Christianson abstained since he was not present for the April 13th meeting. Commissioner Hansen made a motion to approve the consent agenda. Commissioner Tashman seconded the motion, and the motion passed unanimously 6-0.
8. Future Meetings
8.1. June 8, 2026
8.2. June 22, 2026
9. Administratively Approved Applications
10. Staff Updates
11. Adjourn
The meeting was adjourned at 5:54 PM.
APPROVED:
CHAIRPERSON
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – March 2026 & April 2026 data DATE: May 15th, 2026
SUMMARY: This report presents the revenues for sales, accommodations, nicotine and cigarette, and short-term rental tax for March 2026 and the recreation fees, real estate transfer tax, and use tax for CH revenues for April 2026.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for March and April 2026 revenues. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues.
GENERAL FUND REVENUE SUMMARY: Tax Revenue Comparison – 2025 v 2026: All taxes except the Nicotine Tax and Rec Admissions are unfavorable for 2026 compared to 2025. Below is a table which reflects the dollar change and percentage variance. Total revenue for 2026 is reflecting an unfavorable variance to 2025.
2025 v 2026 YTD REVENUE COMPARISON
2025 2026 Dollar Variance Percentage
Variance
Sales Tax $4,155,225.10 $3,858,629.32 ($296,595.78) (7.14%)
Acc. Tax $1,055,521.10 $866,863.37 ($188,657.73) (17.87%)
Nicotine Tax $87,610.61 $96,112.63 $8,502.02 9.70%
Cigarette Tax $52,962.00 $48,054.00 ($4,908.00) (9.27%)
Rec Admissions $449,887.55 $469,478.50 $19,590.95 4.35%
Rec Program Fees $171,447.77 $168,031.89 ($3,415.88) (1.99%)
TOTAL $5,972,654.13 $5,507,169.71 ($465,484.42) (7.79%)
Page 2 of 11
Adopted Budget 2026 v Actual 2026: All taxes reflect an unfavorable variance over the 2026 budget. Rec Center Admissions and Rec Program Fees revenue is favorable compared to the 2026 budget. Total revenue for 2026 is reflecting an unfavorable variance to the 2026 budget. Below is a table which reflects the dollar change and percentage variance.
COMMUNITY HOUSING REVENUE SUMMARY:
2026 REVENUE COMPARISON – BUDGET V ACTUAL
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $4,256,270.83 $3,858,629.32 ($397,641.51) (9.34%)
Acc. Tax $1,124,287.53 $866,863.37 ($257,424.16) (22.90%)
Nicotine Tax $96,863.39 $96,112.63 ($750.76) (0.78%)
Cigarette Tax $57,375.24 $48,054.00 ($9,321.24) (16.25%)
Rec Admissions $426,973.56 $469,478.50 $42,504.94 9.95%
Rec Program Fees $152,279.86 $168,031.89 $15,752.03 10.34%
TOTAL $6,114,050.41 $5,507,169.71 ($606,880.70) (9.93%)
2025 v 2026 YTD REVENUE COMPARISON
2025 2026 Dollar Variance Percentage
Variance
STR Tax for CH $490,127.03 $414,788.14 ($75,338.89) (15.37%)
Use Tax for CH $34,568.00 $59,371.41 $24,803.41 71.75%
TOTAL $524,695.03 $474,159.55 ($50,535.48) (9.63%)
2026 REVENUE COMPARISON – BUDGET V ACTUAL
Budget 2026 Dollar Variance Percentage
Variance
STR Tax for CH $460,585.65 $414,788.14 ($45,797.51) (9.94%)
Use Tax for CH $166,666.67 $59,371.41 ($107,295.26) (64.38%)
TOTAL $627,252.32 $474,159.55 ($153,092.77) (24.41%)
Page 3 of 11
REVENUE ANALYSIS:
Sales Tax: Revenues – March 2026: March sales tax revenues totaled $1,543,192. This is a decrease of $168,015 or 9.82% compared to March 2025 sales tax revenue of $1,711,208.
MARCH 2024 v MARCH 2026 SALES TAX COMPARISON BY INDUSTRY
March 2025 March 2026 Increase/Decrease
Home/Garden $133,425.72 $135,801.31 $2,375.59
Grocery/Specialty/Health $245,030.95 $232,575.21 ($12,455.74)
Sporting Goods Retail/Rental $185,474.92 $141,611.09 ($43,863.83)
Miscellaneous Retail $69,725.77 $52,799.43 ($16,926.34)
Accommodations $363,102.65 $288,089.17 ($75,013.48)
Restaurants/Bars $269,550.34 $224,986.57 ($44,563.77)
Other $20,149.95 $52,410.36 $32,260.41
Service Related $69,246.59 $64,006.85 ($5,239.74)
Liquor Stores $31,033.74 $17,527.07 ($13,506.67)
E-Commerce Retail $104,311.49 $119,322.24 $15,010.75
Manufacturing/Wholesale $56,043.13 $44,927.34 ($11,115.79)
Construction Related Services $127,741.46 $130,172.60 $2,431.14
Digital Media Suppliers/Sellers $23,628.36 $21,970.58 ($1,657.78)
Commercial/Industrial Equipment $12,695.41 $16,993.06 $4,297.65
Special Events $48.00 $0.00 ($48.00)
TOTAL $1,711,208.48 $1,543,192.88 ($168,015.60)
Sales Tax: March 2026 Budget v Actual Collections: March 2026 sales tax revenues totaled $1,543,192. This is a decrease of $167,044 over the March 2026 estimate of $1,710,237. This is 9.77% below the adopted 2026 budget (based on a 3-year average).
MARCH 2026 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2026 Budget 2026 Actual Dollar Variance Percentage Variance
March $1,710,237.45 $1,543,192.88 ($167,44.57) (9.77%)
Page 4 of 11
Accommodation Tax: Revenues –March 2026: Accommodation tax revenues totaled $300,149 for the month of March. This is a decrease of $77,549 or 20.53% compared to March 2025 accommodation tax revenues, which totaled $37,699. Accommodation tax collections by industry type for March 2026 compared to March 2025 reported a decrease for Vacation Rentals, Time Share and Hotels.
MARCH 2025 v MARCH 2026 ACCOMMODATION TAX COMPARISON BY INDUSTRY
March 2025 March 2026 Increase/(Decrease)
Timeshares $48,753.11 $33,995.05 ($14,758.06)
Hotels $132,809.29 $107,740.75 ($25,068.54)
Vacation Rentals $196,136.84 $158,413.59 ($37,723.25)
TOTAL $377,699.24 $300,149.39 ($77,549.85)
1,550,583.98 1,615,720.89 1,715,792.76 1,711,208.48 $1,543,192.88
4.20%
6.19%
-0.27%
-9.82%
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
2022 2023 2024 2025 2026
2022-2026 March Sales Tax Revenue Trend
Page 5 of 11
March 2026 Budget v Actual Collections: March 2026 accommodation tax revenues totaled $300,149. This is a decrease of $94,279 compared to the March 2026 estimates of $394,429. This is 20.90% below the adopted 2026 budget (based on a 3-year average).
MARCH 2026 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2026 Budget 2026 Actual Dollar Variance Percentage Variance
March $394,429.12 $300,149.39 ($94,279.73) (23.90%)
Short Term Rental Tax for CH: Revenues – March 2026: STR Tax for Community Housing totaled $144,441 for the month of March. This is a decrease of $31,690 or 17.99% compared to March 2025. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
MARCH 2025 v MARCH 2026 STR TAX FOR CH COMPARISON BY INDUSTRY
March 2025 March 2026 Increase/(Decrease)
Timeshares $24,376.55 $16,997.53 ($7,379.02)
Hotels $55,955.69 $48,353.39 ($7,602.30)
Vacation Rentals $95,800.01 $79,090.42 ($16,709.59)
TOTAL $176,132.25 $144,441.34 ($31,690.91)
393,864 352,541 358,871 377,699 300,149
-10.49%
1.80%5.25%
-20.53%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2022 2023 2024 2025 2026
2022-2026 March Accommodation Tax Revenue
Trend
Page 6 of 11
Nicotine & Cigarette Tax: Revenues – March 2026: Nicotine tax revenues totaled $33,344 and cigarette tax revenues totaled $17,124 for March 2026. Compared to March 2025 revenues, this is an increase of $1,466 for nicotine tax revenues, which totaled $31,878 and a decrease of $1,284 for cigarette tax revenues, which totaled $18,408. Vapes and all other miscellaneous tobacco and nicotine products are included in the nicotine tax and are subject to the 40% tax rate.
30,238 32,709 30,046 31,878 33,345
8.17%
-8.14%
6.10%4.60%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2021 2022 2023 2024 2025
2022-2026 March Nicotine Tax Revenue Trend
21,517 19,599 19,401 18,408 17,124
-8.91%-1.01%-5.12%-6.98%
-
5,000
10,000
15,000
20,000
25,000
2021 2022 2023 2024 2025
2022-2026 March Cigarette Excise Tax Revenue
Trend
Page 7 of 11
March 2026 Adopted Budget v Actual Collections: March 2026 nicotine and cigarette tax revenues totaled $33,344 and $17,124, respectively. This is an increase of $1,083 over the March 2026 budget for nicotine tax, which is $32,261 and a decrease of $2,833 over the March 2026 budget for cigarette tax estimates, which is $19,957 which is based on a 3-year average.
MARCH 2026 BUDGET v ACTUAL COLLECTIONS – NICOTINE AND CIGARETTE TAX REVENUES
2026 Budget 2026 Actual Dollar Variance Percentage
Variance
Nicotine $32,261.51 $33,344.92 $1,083.41 3.36%
Cigarettes $19,957.75 $17,124.00 ($2,833.75) (14.20%)
Total ($1,750.34)
Use Tax for Community Housing: Revenues – April 2026: The use tax for community housing collected in the month of April 2026 was $19,200.Compared to March 2026 estimate of $41,666, this is decrease of $22,466.
APRIL 2026 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES
2026 Budget 2026 Actual Dollar Variance Percentage
Variance
Use Tax for CH $41,666.67 $19,200.00 ($22,466.67) (53.92%)
Page 8 of 11
Real Estate Transfer Tax: Revenues – April 2026: April 2026 real estate transfer tax totaled $365,659. Compared to April 2025, which totaled $367,503, this is a decrease of $1,843. This is a decrease of $37,348 over the April 2026 budget which was based on a 3-year average.
2026 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2026 Budget 2026 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $403,008.47 $365,659.85 ($37,348.62) (9.27%)
Real Estate Transfer Tax: Revenues 2026: 2026 real estate transfer tax totals 1,689,676. Compared to 2025, which total $1,220,772, this is an increase of $468,903. This is an increase of $142,906 compared to the 2026 budget which was based on a 3-year average.
2026 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2026 Budget 2026 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $1,546,770.04 $1,689,676.07 $142,906.03 9.24%
2025 Actual 2026 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $1,220,772.35 $1,689,676.07 $468,903.72 38.41%
$378,321 $433,787 $714,231 $367,503 $365,660
14.66%
64.65%
-48.55%-0.50%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2022 2023 2024 2025 2026
Real Estate Transfer Tax April Revenue Trends
Page 9 of 11
Recreation Center Fees: Revenues – April 2026 Admissions & Program Fees: Recreation admission revenues for April 2026 totaled $98,448 is an increase of $10,445 compared to April 2025 which totaled $88,003. This is $15,328 above the adopted 2026 budget estimates of $83,120. Recreation program fee revenues for April 2026 totaled $43,963. This is an increase of $9,623 compared to 2025, which totaled $34,340. This is $13,811 above the adopted 2026 budget estimates of $30,152, which is calculated based on a 3-year average.
66,815 81,349 87,418 88,004 98,449
21.75%7.46%0.67%
11.87%
-
20,000
40,000
60,000
80,000
100,000
120,000
2022 2023 2024 2025 2026
Recreation Admissions April Revenue Trends
$26,280 $25,940 $30,131 $34,341 $43,964
-1.29%
16.16%
13.97%
28.02%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
2022 2023 2024 2025 2026
Recreation Program Fees April Revenue Trends
Page 10 of 11
New and Renewed Business and STR Licenses – 2025 v 2026: The total number of 2026 business licenses issued thru April was 265. This was down 64 licenses or 25.4% for the year to date. The total number of STR licenses issued through April was 97. Compared to 2025 the STR licenses were up 8 licenses or 9.0% for the year.
-
50.00
100.00
150.00
200.00
250.00
300.00
Business License - Vendor Business License - Fixed
Location
Business License - Home
Occupation
Business License - Special
Event
Business Licenses Issued 1/1 -4/30
2024 2025 2026
2025 v 2026 – BUSINESS AND STR LICENSES – YEAR TO DATE
2025 2026 License
Variance
Percentage
Variance
Business License - Vendor 252 188 (64) (25.4%)
Business License – Fixed Location 63 59 (4) (6.3%)
Business License – Home Occupation 13 16 3 23.1%
Business License – Special Event 0 2 2 0.0%
TOTAL BUSINESS LICENSES 328 265 (63) (19.2%)
STR License 72 92 20 27.8%
Page 11 of 11
EXPENDITURES: April 2026 General Fund YTD Actuals v 2026 Budget: General Fund expenditures through April 2026 total $7,911,322 which is 29.16% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2026 Budget: Mobility Fund expenditures through April 2026 total $1,620,539 which is 55.36% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, and utilities. Fleet Maintenance YTD Actuals v 2026 Budget: Fleet Maintenance expenditures through April 2026 total $643,060 which is 26.27% of the total adopted budget. These expenditures include wages, health benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2026 Budget: The Capital Improvement expenditures through April 2026 total $1,651,332 which is 8.61% of the total adopted budget. These expenditures were primarily made up from the public works garage, Avon Rd cross walk improvements, and Hwy 6 improvements. DESTIMETRICS ANALYSIS The April Market Briefing reports a strong outlook for western mountain resorts heading into summer. Booking pace is strong, room rates are high, and revenues are showing double-digit gains driven by both increased demand and higher rates. Momentum built steadily from February and accelerated through March and April, giving more confidence after a challenging winter season. However, early signs of economic stress are appearing, particularly among economy and value properties, which are the only segment beginning to lower rates. Consumer sentiment is down and room rates are rising faster than inflation. Rising travel costs—gas and airfare both up more than 20% year over year—may make summer mountain trips harder to justify for more price-sensitive travelers. In addition, ongoing drought conditions and wildfire risk remain key uncertainties. Thank you, Dean
75
80
85
90
95
100
STR License
STR Licenses Issued 1/1 -4/30
2023 2024 2025
Source: DestiMetrics. Copyright 2026.
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Avon Daily Occupancy Report as of April 30, 2026
"RETAIL REPORT": 60-DAY ADVANCE VIEW
2026 YTD as of 4/30/26 (5 properties included)
2025 YTD as of 4/30/25 (5 properties included)
2025 - historic actuals (5 properties included)Report Date: 4/30/2026
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DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MAY 19, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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1. ROLL CALL Present- Committee Members: Committee Chair Nancy Tashman, Vice-Chair Lisa Post, Amy Phillips, Gregg Cooper, Kathleen Walsh (virtual), Michael Lindholm, Mildred Soza Torrez Staff: Recreation Director Michael Labagh, Recreation Services Superintendent Jerrica Miller, Aquatics Superintendent Kacy Carmichael, Aquatics Supervisor – Operations Maggie Sherrill, Recreation Services Coordinator Nicholas Klauss, Town Manager Eric Heil Town Council: Councilor Kevin Hyatt Absent- Committee Members: Derek George, Pat Nolan Town Council: Councilor Ruth Stanley Committee Chair Nancy Tashman opened the meeting at 12:02 p.m. 2. APPROVAL OF THE AGENDA Committee Chair Nancy Tashman made a request for a motion to approve the agenda. Committee Member Amy Phillips moved to approve the agenda and Vice-Chair Lisa Post seconded the motion. Committee Chair Nancy Tashman declared the agenda approved. 3. APPROVAL OF THE MARCH 17, 2026 MEETING MINUTES Committee Chair Nancy Tashman made a request for a motion to approve the minutes of the March 17, 2026 meeting. Committee Member Amy Phillips moved to approve the meeting minutes, and Vice-Chair Lisa Post seconded the motion. Committee Chair Nancy Tashman declared the minutes approved. 4. PUBLIC COMMENTS Kathy Ryan - North Shore of Nottingham Park resident, provided public comment about the cameras that have been added to the park by the volleyball courts, and she would like to know the purpose of the cameras since she may be recorded on the footage. 5. BUSINESS ITEMS 5.1 Health & Recreation Committee Update Recreation Director Michael Labagh introduced new staff members Recreation Services Coordinator Nicholas Klauss and Aquatics Supervisor – Operations Maggie Sherrill. All members of the committee and staff present provided brief introductions. Recreation Director Michael Labagh shared with the committee the 2026 Department Goals. He also shared that Lisa Post is to remain Vice-Chair of the committee. 5.2 Recreation Department Update Recreation Director Labagh shared visitation and revenue data for the recreation center, showing slightly lower numbers for March with the slower winter but assured the committee there was no concern at this time. He shared information and photos from the Spring Recreation Center maintenance closure and the May 2 All-Staff Training. The All-Staff Training had a guest speaker from Eagle County Paramedics talking about emergency response and Recreation Services Superintendent Jerrica Miller presented customer service training. Next, he shared an update
DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MAY 19, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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on the Eagle County Bike Safety Education Campaign including colorful posters, geared towards youth to encourage bike safety. The committee commented/inquired:
• Committee Member Nancy Tashman inquired if the posters would be distributed to local bike stores? She also commented that she likes graphics.
• Council Member Kevin Hyatt inquired if the posters being produced in Spanish?
• Committee Member Mildred Soza Torrez inquired about the Avon Police Department social media post and if it could be shared further.
• Committee Chair Nancy Tashman inquired if the Avon Police Department information that was shared on social media could be added to an Avon Recreation newsletter.
• Committee Chair Nancy Tashman inquired about the metrics for measuring reach of these messages and inquired about accident data involving bikes in the park.
• Committee Member Amy Phillips inquired about accident reporting and wonders if reporting would help deter unsafe behavior and if a campaign to encourage reporting could be created.
• Vice-Chair Lisa Post inquired if the cameras can be used for enforcement and if there is a registration procedure for bicycles.
• Committee Member Amy Phillips inquired about the increase of cameras in the park. Recreation Director Michael Labagh confirmed that the posters will also be in Spanish and shared from multiple sources since this is a county-wide initiative. He confirmed that the Avon Police Department social media post information about the differences of e-bikes can be shared across all other town channels. He also shared that Avon Police Department tracks all interactions (whether a citation is issued or not) with park users when addressing inappropriate activity. Recreation Director Michael Labagh explained that identification of users and/or bikes is not always possible using the existing security cameras, but having a description of inappropriate activity can be beneficial for enforcement and education efforts. Town Manager Eric Heil addressed the committee members’ questions regarding the security cameras located in the park. He shared that cameras being added to the parks and recycling center began after staff were continually seeing inappropriate activity like e-bike misuse, graffiti, property damage and illegal dumping. Town Manager Eric Heil asked for the camera located by the beach in Nottingham Park to be taken down and relocated to the outdoor sport courts. He shared that he plans to review security camera policy with the Town Council later this year. Public Comment:
• Kathy Ryan expressed that 3 to 13-year-olds need the bike safety messages as well since they were prevalent last weekend. The kids were not accompanied by parents. Recreation Director Michael Labagh then provided an update on the Aquatics Area Remodel as it has been officially paused. The tentative project timeline includes finishing the design this Summer, soliciting construction bids in Fall or Winter 2026 and beginning construction in Spring 2027. Town Manager Eric Heil shared that staff felt confident with the scope and design, and it was disappointing to see the much higher price from the contractor. The timeline to do this project in 2026 was the reason for the design-build approach, but the traditional design-bid-build would be a better fit for this project. He is cautiously optimistic that the project can still be done within the budget.
DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MAY 19, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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The committee commented/inquired:
• Committee Chair Nancy Tashman inquired about philanthropy or donations to the pool project to be able to name the facility after a donor.
• Committee Vice-Chair Lisa Post inquired about the consultant Eric Heil referenced and asked if we had worked with them before.
• Committee Member Kathleen Walsh inquired about the design completion, she would like to see a 6-lane lap pool, she’s a former collegiate swimmer and worked at every pool in the valley. She has other specific input for the design but would like to know if there’s time to change the design.
• Committee Member Amy Phillips brought up the history of the idea of making the lap pool into a competition pool and they realized that it would take more than a few changes to bring it up to competitive standards.
• Committee Member Amy Phillips asked for clarification on the remodel of the lap pool and how it would affect the leisure pools. She also asked about the typical longevity of an indoor pool in Colorado.
• Committee Chair Nancy Tashman inquired about the structure of the pools and how the plumbing would be changed without touching the shells.
• Committee Member Kathleen Walsh inquired about the lifespan of the pools and the deck now that they are 30 years old. She would like the pool shell changes to be considered. Town Manager Eric Heil explained that Eagle County is saturated with non-profit organizations making it competitive to pursue donations or naming rights efforts. He explained that the Town has used the consultant before and they would supplement what staff can accomplish managing the project. Eric also explained that restructuring the pool shells has been explored, but the changes would require a whole new pool which is beyond the budget for this project and that design changes would impact on the project timeline. He shared that the former Town Manager had proposed a continuation of a tax to support a Recreation Center expansion, but it narrowly failed. Recreation Director Michael Labagh explained that most of the plumbing is under the pool deck, and the project design does not include replacing pipes encased in concrete. Recreation Director Labagh explained that expanding the lap pool to 7 or 8 lanes would require changes to both leisure pools as well. Recreation Director Michael Labagh shared an overview of the scope of the Aquatics Area Remodel to benefit the new committee members. Town Manager Eric Heil provided additional project background information regarding the issues with the pool deck, drains, HVAC, hot tub, waterslide and pool infrastructure. He shared that the project started with infrastructure updates and further expanded to include upgrades to enhance the operation. The committee commented/inquired:
• Committee Member Gregg Cooper inquired about the process of community engagement prior to this project and shared his opinion that he thinks we should have a correct length lap pool.
• Committee Member Gregg Cooper stated that there is a service model and a business model for recreation and inquired if a revenue generating pool was considered.
• Committee Member Kathleen Walsh inquired about the current length of the lap pool and if the goal is to get it to 25 meters?
• Committee Member Amy Phillips inquired if staff are still receiving complaints about the hot tub.
DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MAY 19, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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• Committee Member Gregg Cooper inquired about hot tub use and how that is measured. Does it have a high demand for use?
• Committee Member Kathleen Walsh inquired about lap swimmers without lifeguards, would that help with cost savings? What about guarding the lake? Can lap swim lanes be added at the lake?
• Committee Member Mildred Soza Torrez inquired how the remodel of the pool would enhance safety for families. Recreation Director Michael Labagh and Town Manager Eric Heil addressed the committee members’ comments and questions. Recreation Director Labagh stated that the recreation center design process started with the La Zona Design Concepts Master Planning effort in 2023 where public support was noted. Regarding the economic impact of swim meets and other programming, he shared that staff conducted internal research, but no formal pro formas were completed. He confirmed with the committee that our lap pool is a few inches short of the 25-yard length and that the hot tub continues to see high use, especially in the evenings. Recreation Director Michael Labagh explained that we currently do not provide lifeguards at the swim beach and staff can research what it would take to add lap lanes in Nottingham Lake. Recreation Director Michael Labagh shared that having lifeguards during lap swim is a best practice according to the American Red Cross program and aquatics industry standards. Town Manager Eric Heil clarified that he is not aware of a specific expiration date for concrete pool shells. Recreation Director Michael Labagh added that the pool plaster has a lifespan, but we can ask the contractors about the lifespan of a concrete pool shell. Recreation Director Michael Labagh explained the remodel would help with the mechanical operations to improve water quality, the water slide would be updated to current safety standards, and the pool deck replacement would reduce slips and falls on the pool deck. Town Manager Eric Heil suggested polling the committee about reconsidering the pool design. Committee Chair Nancy Tashman asked for a poll to see who was in favor of posing the question to Town Council if the lap pool can be expanded and redesigned. The seven committee members present all indicated their support. Recreation Director Michael Labagh stated that the committee expressed support in adjusting the lap pool design to include 6 lanes, measure 25 yards in length and increase the water depth so it would be suitable to host competitions. Recreation Director Labagh continued his general update and shared that the Eaglebend Park is scheduled to reopen in June 2026. There will be a Ribbon Cutting event to attend on Tuesday June 16 at 5:30 p.m., which he invited committee members to attend and explained transportation options to get to the park. The committee commented/inquired:
• Committee Member Gregg Cooper inquired about using Google Maps to find our parks.
• Committee Member Kathleen Walsh inquired about the trees that were cut down and the promise of replacement. She also inquired about replacement fencing and the slab of concrete that was intended for a portable toilet that is no longer going in. She also shared concerns about the landscaping. Recreation Director Michael Labagh shared that all the parks are visible on Google Maps, except for Eaglebend Park that will need to be updated following the completion of construction. He informed Kathleen that he will follow up with the construction team and provide her with an update. 5.3 2025 Recreation Department Annual Report Recreation Director Michael Labagh provided an overview of the Annual Report, which included information about the Recreation Department’s facilities, services and programs. Recreation Services Superintendent Jerrica Miller
DRAFT - HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MAY 19, 2026 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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provided an overview of Youth, Adult and Family programming. Director Labagh provided an overview of Fitness and Aquatics programming. The annual report included analysis of recreation center admissions data, program statistics, department financial information and community testimonials. The committee commented/inquired:
• Committee Vice-Chair Lisa Post inquired what Homestake Peak School is used for.
• Committee Member Amy Phillips inquired if Homestake kids can participate in our programs.
• Committee Member Gregg Cooper inquired about the qualifier for the word “valuable” on a previous slide. Recreation Director Michael Labagh explained that we use Homestake Peak School gymnasium for adult drop-in sports and that transportation is provided for kids to be able to participate in the department’s After School Program. Recreation Director Michael Labagh shared how the department plans their programs by utilizing survey results and real time community feedback. He shared that programs are typically planned a year in advance or as soon as 3 months in advance. Town Manager Eric Heil shared that he is eager to see the Health & Recreation Committee activated to provide feedback on policy topics and recommendations. There are several upcoming topics in the community that could use their involvement. Topics include park planning, bike paths, e-bike policy, skate park development and more. The committee commented/inquired:
• Committee Chair Nancy Tashman inquired about the status of the EagleVail trail extension.
• Committee Member Amy Phillips encouraged new committee members to familiarize themselves with other projects being worked on by the Town Council, so they are up to speed and have ample time to digest the available documents.
• Committee Member Gregg Cooper is in favor of the model that has visitors providing enough revenue to support local infrastructure. He also has a personal interest in a tennis league that he believes should start this Summer and he would like to know what the public interest is in this league. Town Manager Eric Heil shared that the EagleVail trail extension should be constructed within a year, but the timeline is still to be determined based on final approvals. Recreation Director Michael Labagh thanked Committee Member Gregg Cooper for his input and suggested he connect with Recreation Services Superintendent Jerrica Miller to discuss the possibility of a tennis league. 6. OTHER BUSINESS AND COMMITTEE MEMBER COMMENTS No other business or committee member comments were received. 7. ADJOURNMENT Committee Chair Nancy Tashman asked if there was a motion to adjourn the meeting. Committee Member Lisa Post motioned to adjourn the meeting and Committee Member Amy Phillps seconded the motion. The meeting adjourned at 1:38 p.m. on May 19, 2026. Respectfully submitted by Kacy Carmichael Aquatics Superintendent
970-748-4446 mlabagh@avon.org
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TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Michael Labagh, Recreation Director RE: Summer Park Improvements DATE: May 18, 2026
SUMMARY: This report provides a review of identified improvements in Town parks and open spaces.
BACKGROUND: The Recreation Department provides an overview of the Summer season in the Spring and Fall of each year. Additionally, the Recreation Department keeps an on-going “punch-list” of improvements to the parks that is updated and provided to Council. PLANNING AND IMPROVEMENT TOPIC AREAS: Harry A. Nottingham Park
1. Park water fountains – All water fountains in Harry A. Nottingham Park and at the two pocket parks
are scheduled to be replaced with a new model that includes a bottle filling station, bubbler and dog
bowl. This work was originally within the scope of the contractor for the East Nottingham Park
Restrooms project. Engineering staff are working with several contractors to complete this multi-trade
project (plumbing and concrete) to have the work completed this summer.
2. Fitness Court location / Picnic shelter design – This project is scheduled to be designed in 2026
and will be proposed for installation in 2027. Staff are preparing a Request for Quote (RFQ) to
determine the best approach and contractor to complete the project. Per Council’s previous
direction, Staff will maintain the Fitness Court in its current location until construction of a picnic
shelter is designed and approved. The Fitness Court can be relocated to another area in Town, but
Staff have been unsuccessful determining a suitable location. If the Fitness Court cannot be
relocated, the equipment will be recycled or upcycled as able.
970-748-4446 mlabagh@avon.org
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3. Multi-Use Recreation Path Slow Zone Designation – In Spring 2025, Council directed Staff to
designate all multi-use recreation paths within Harry A. Nottingham Park, along the Eagle Valley
Regional Trail and through the Main Street Mall, as Slow Zones. Staff placed signage in various
areas and focused on educating the community on safe use along the recreation paths. Staff
recommend maintaining all areas as Slow Zones paired with ongoing public education to encourage
safe recreation path use. Avon Police Department will continue their education and enforcement
efforts.
The Town of Avon participated in a Safe Driving/E-Bike Use Steering Committee this winter led by
Eagle County and Mountain Youth. The committee focused on establishing a coordinated approach
to improving E-Bike (and other electric travel devices) safety along all multi-use recreation paths in
the county. Phase I action items from the committee include circulating consistent marketing
materials (digital and print) among all communities within the county. Examples of the print materials
are included below. These posters have been distributed throughout the county at bus stops,
schools and other community bulletin boards. Town Staff plan to circulate within Town, specifically in
Harry A. Nottingham Park and the Recreation Center.
970-748-4446 mlabagh@avon.org
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4. Soft recreation path along sedimentation pond – In the Fall of 2023, the informal path between
the sedimentation pond and the lake was improved with additional dirt and gravel. Due to the
frequent use by park patrons, Staff recommend constructing a more formal walkway in this area.
Internal improvements have been made since this effort was originally identified. Staff plan to
propose formal construction to establish a safe and accessible path within the Town’s Capital
Improvement Plan for the 2027 budget.
5. South recreation path landscaping – Although there are limitations what landscaping can added in
this area, Staff plan to add flower planters along the south lake path. Staff will continue to research
the landscaping and/or shade opportunities and provide recommendations for the 2027 budget
planning process.
970-748-4446 mlabagh@avon.org
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6. Additional shade – Staff are considering the addition of natural or structure shade along the sun-
exposed south recreation path. Staff are researching solutions to add shade along the south
recreation path due to the limitations on what can be added on top of Nottingham Lake dam. Staff
recently installed shade sails outside of the Pickleball Courts due to high traffic in that area. Staff
reconstructed the swinging chair in the northwest corner of the park which now provides partial
shade.
7. Additional charcoal grills – An additional charcoal grill was added west of the SUPCO boat rental
location. Additional grill locations will be identified this summer and installed as needed based on
demand. Staff will add flagstone to the base of each grill to improve safety and landscaping.
8. Upper field restoration – Due to heavy use, Staff recommend refurbishing and/or replacing the
upper athletic field turf. Staff are currently coordinating the redesign of the irrigation infrastructure in
Harry A. Nottingham Park. Turf replacement of the upper field will be completed after the irrigation
infrastructure is updated. Irrigation design is set to be completed in 2026 with construction tentatively
scheduled for 2027.
970-748-4446 mlabagh@avon.org
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Pocket Parks
9. Pocket parks – In partnership with the Community Development Department, community
engagement will be conducted in Summer 2026 to solicit desired improvements and consider
redevelopment for Saddleridge Park and O’Neal Spur Park in Wildridge.
The redevelopment of Eaglebend Park will be completed in June 2026. A ribbon cutting ceremony is
scheduled for Tuesday, June 16 at 5:30 p.m. A photo, taken in Fall 2025, of the substantially
completed Eaglebend Park is shown below.
970-748-4446 mlabagh@avon.org
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Open Space
10. West Avon Preserve – In collaboration with the Eagle Valley Land Trust (EVLT) and Vail Valley
Mountain Trails Alliance (VVMTA), Staff identified several priority improvements for the preserve based
on the West Avon Preserve Management Plan. Key focus areas include updated and expanded
signage, trail drainage improvements, vegetation restoration and renewal, decommissioning of social
trails, and overall trail revitalization. Staff will begin a community engagement process this summer to
gather trail user feedback and identify any additional improvement opportunities.
Proposed social trail decommissioning along the Our Backyard Loop will begin in June, and flagged
trails are shown in the image below:
11. EagleVail Trail extension – The Town is working with stakeholders to support the completion of the
EagleVail Trail extension. This trail extension represents the final missing segment needed to
complete this regional connection. Completion of this segment has been discussed for several years
and is considered a significant milestone for mid-valley soft-surface trail connectivity. The project also
replaces unsanctioned social trails with a sustainable, purpose-built route that improves safety and
reduces trespass and liability concerns across private and public lands.
970-748-4446 mlabagh@avon.org
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REQUESTED DIRECTION: Council input, direction and/or confirmation is welcomed for Staff to complete the park improvements plan for 2026 and beyond. Please email Town Manager Eric Heil, Public Works Director Mike Jackson and Recreation Director Michael Labagh with any comments, questions or suggestions.
Thank you, Michael
970-390-2014 ewilson@avon.org
TO: Honorable Mayor Underwood and Council Members
FROM: Eva Wilson, Engineering Director
RE: Village at Avon – Planning Area A & B – Construction Update
DATE: May 19, 2026
SUMMARY: This report provides an update on construction and grading activities currently underway or
scheduled within Planning Areas A and B of the Village at Avon development. Activities include over-lot
grading, lot-specific preparation, roadway construction, and pre-construction efforts associated with pending
building permits for the Whole Foods and Skjól developments.
No Council action is requested at this time.
BACKGROUND: The Village at Avon Planned Unit Development (PUD) consists of multiple planning areas
designated for phased residential, commercial, and mixed-use development. Planning Areas A and B are
currently active and are undergoing site preparation consistent with the approved PUD Master Plan
Administrative Amendment No. 2 (Attachment A).
The ongoing work is focused on establishing site conditions necessary to support future vertical construction,
including roadway infrastructure, utility coordination, and grading operations.
Planning Area A and B: Proposed Work
970-390-2014 ewilson@avon.org
VILLAGE AT AVON – CONSTRUCTION UPDATES
1. Building Permits – Whole Foods (CBP-26-002) and Skjól Condominiums (RBP26-005)
• Status: Under Review
• Schedule: Anticipated construction 2026–2027
Building permit applications for both developments have been submitted and are currently under review by
the Town’s Building and Engineering Departments. Review efforts are focused on code compliance, site
design coordination, and integration with approved grading and infrastructure plans.
WHOLE FOODS
SKJOL
CONDOS
970-390-2014 ewilson@avon.org
2. Roadway Construction – Phase 3A (GR26-002)
• Status: Grading Permit Under Review
• Schedule: Completion anticipated November 2026
The Phase 3A roadway improvements are currently in the permit review stage. Staff review includes
verification of engineering design, traffic management planning, utility coordination, and compliance with
Town standards.
3. Roadway Construction – Phase 2 (GR26-001)
• Status: Active
• Schedule: Completion anticipated November 2026
Construction activities for Phase 2 roadway improvements are underway. This phase includes roadway
grading, utility installation, and associated infrastructure necessary to support development within Planning
Areas A and B. Staff continues to monitor construction to ensure compliance with approved plans and
project requirements.
970-390-2014 ewilson@avon.org
4. Over-Lot Grading – Planning Areas A & B (GR25004)
• Status: Active
• Schedule: Completion anticipated by the end of July 2026
Over-lot grading operations are in progress to establish the overall site configuration and development-
ready elevations. Key components include:
• Mass earthwork to achieve approved grading contours
• Redistribution of on-site materials to balance cut and fill
• Establishment of interim and permanent drainage patterns
• Implementation and maintenance of erosion and sediment control measures in accordance with
State and Town requirements
• Construction of temporary access and detour roadways
This phase also includes construction access routes and staging areas necessary to support ongoing and
future development activities.
5. Lot 10 Grading – Whole Foods and Skjól Condominiums (GR25005 – Amended)
• Status: Active
• Schedule: Completion anticipated by the end of July 2026
Lot-specific grading activities for Lot 10 are underway to prepare for vertical construction. Work includes:
• Establishment of building pad elevations
• Fine grading in accordance with approved plans
• Drainage improvements to direct runoff around building envelopes
• Coordination and installation of utility infrastructure
Construction activities within Planning Areas A and B are progressing in accordance with the approved
development framework and permit processes. Staff will continue to review permits, monitor construction
activity, and coordinate with the developer to ensure compliance with Town standards and approved plans.
Thank you, Eva
ATTACHMENT A: The Village (at Avon) PUD Master Plan – Amend No. 2
ATTACHMENT A