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TC Packet 07-28-2026_____________________________________________________________________________________ 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, July 28, 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 June 23, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. RESOLUTION 26-07: Adopting a Fast Track Priority Scheduling Policy for Community Housing Projects (Town Manager Eric Heil) 5.3. RESOLUTION 26-08: Approving Intergovernmental Agreement between the Town of Avon, Colorado and the Avon Urban Renewal Authority, concerning the Remittance of Tax Increment Revenue Until 2033 (Chief Finance Officer Paul Redmond) 5.4. RESOLUTION 26-09: Approving Intergovernmental Agreement Between the Town of Avon, Colorado and the Avon Downtown Development Authority, Concerning the Remittance of Tax Increment Revenues until 2054 (Chief Finance Officer Paul Redmond) 5.5. RESOLUTION 26-10: Approving an Amendment of Section 12.01 of the Eagle Valley Transportation Authority Intergovernmental Agreement (Town Manager Eric Heil) 5.6. Appointing Avon’s Designated Election Official and Authorizing the Execution of the Intergovernmental Agreement (IGA) related to the 2026 Coordinated Mail-Ballot Election (Town Clerk Miguel Jauregui Casanueva) 5.7. Notice of Award for the West Beaver Creek Blvd Bridge Rehab Project Construction (Project Engineer Swaz Fraser) 5.8. Notice of Award for Rec Center Aquatic Renovation Design Work (Director of Engineering Eva Wilson) 5.9. Notice of Award for Lettuce Patch Early Learning Center Bus Stop (Senior Engineer Keith Ferrell) 5.10. Notice of Award for Heat Recovery System Expansion Design to Lot B (The Summit) (Director of Engineering Eva Wilson) 6. BUSINESS ITEMS 6.1. PRESENTATION: Discussion of Flock Cameras (Chief of Police Greg Daly) 6.2. PRESENTATION: Council Candidate Petitions and General Election Updates (Town Clerk Miguel Jauregui Casanueva) _____________________________________________________________________________________ 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. RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board See attached Avon Urban Renewal Authority Agenda RECONVENE the Avon Town Council Meeting 6.3. ACTION: Funding Request for Hidden Valley Estates (Community Development Director Matt Pielsticker) 6.4. PUBLIC HEARING: ORDINANCE 26-09, Second Reading Code Text Amendment for Real Estate Transfer Tax (RETT) Exemptions (Financial Analyst Chase Simmons) 6.5. ORDINANCE 26-06: First Reading Construction Noise Regulations (Community Development Director Matt Pielsticker) 7. WRITTEN REPORTS 7.1. June 22 Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. June 25 Upper Eagle Regional Water Authority Summary (Mayor Underwood) 7.3. June 29 Draft DDA Board Meeting Minutes (Financial Analyst Chase Simmons) 7.4. July 13 Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.5. Grants Update (Deputy Town Manager Patty McKenny) 7.6. Q2 Updates 2026 Department Goals (Town Manager Eric Heil) 7.7. Q2 Community Housing Report (Housing Planner Patti Lierman) 7.8. Monthly Financial Report (Senior Accountant Dean Stockdale) 7.9. Signed Letters of Support Summary (Chief Administrative Officer Ineke de Jong) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION 9.1. For the purpose of receiving legal advice from the Avon Town Attorney on specific legal questions pursuant to CRS 24-6-402(4)(b) concerning Private Parking Lot Regulatory Authority (Town Attorney Nina Williams) 10. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 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 June 23, 2026, to order at 5:00 p.m. At roll call, Councilors present in person were Ruth Stanley, Lindsay Hardy, Gary Brooks, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Councilors Chico Thuon and Kevin Hyatt were absent. Also present were Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Recreation Services Superintendent Jerrica Miller, Chief Financial Officer Paul Redmind, Financial Analyst Chase Simmons, Public Works Director Mike Jackson, Community Development Director Matt Pielsticker, IT Administrator Andrew Bare, and Police Chief Greg Daly. Town Manager Eric Heil and Town Attorney Nina Williams were absent. 2. APPROVAL OF AGENDA Video Start Time: 00:00:50 Mayor Underwood opened consideration of the agenda and requested that Written Report Item 7.4 be added as Business Item 6.5.1 to facilitate Council discussion. Councilor Stanley moved to approve the agenda as amended, which was seconded by Councilor Hardy and passed unanimously, 5-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:55 Mayor Underwood asked whether there were any conflicts of interest related to agenda items, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:05 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. Rebecca Larson, an Avon resident and President of the Board of Trustees of the Eagle Valley Public Library District, addressed Council in person. She stated that the Town and the Library are collaborating on a potential expansion into the old Fire House building. She also noted that a virtual information session on conceptual designs for a potential library branch remodel and relocation to the old Fire House was scheduled for June 25 at 9:30 a.m., with additional information available at evld.org. Tim McMahon, an Avon resident, addressed Council in person. He stated that in nearby areas, including the Town of Vail roundabouts and Vail Resorts properties, landscaping appeared brown due to water conservation efforts. He questioned why areas in Avon remained green and whether irrigating the upper field was an appropriate use of water during current drought conditions, expressing his view that it was not. Rebecca Anderson, an Eagle County resident, addressed Council in person regarding her candidacy for Eagle County Sheriff. She discussed her goals, including improving the culture of the Eagle County Sheriff’s Office to better serve the community, and encouraged the public to learn more by visiting her website at andersonforeaglecountysheriff.com. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 No additional public comment was received at that time, either in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:07:00 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of June 09, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Appointments to the Avon Downtown Development Authority Board (Chief Administrative Office Ineke de Jong) Councilor Stanley moved to approve the Consent Agenda as presented. Councilor Brooks seconded the motion, which passed unanimously, 5–0. 6. BUSINESS ITEMS 6.1. PRESENTATION: Eagle Valley Community Foundation Updates (EVCF Director of Development & Marketing Grace Anshutz and Development Officer Hillary Scanlan) Video Start Time: 00:07:25 EVCF Director of Development & Marketing Grace Anshutz delivered a presentation providing an overview of organizational programs and regional impact, with emphasis on Avon. The presentation outlined core initiatives, including The Community Market, MIRA (Mobile Intercultural Resource Alliance), and Elevar, which address food insecurity, access to health and social services, and economic mobility. She highlighted measurable outcomes, including expanded food access, increased enrollment in support programs, and improved quality of life indicators. The presentation also noted that Avon residents represent a meaningful share of service users and emphasized the organization’s role in leveraging public and private resources to strengthen community stability. Council asked questions regarding program operations and outreach, and no public comment was received. 6.2. PRESENTATION: Energy Smart Colorado Updates and 2025 accomplishments (Walking Mountains Sustainability Programs Director Nikki Maline) Video Start Time: 00:31:55 Walking Mountains Sustainability Programs Director Nikki Maline delivered a presentation on Energy Smart Colorado updates and 2025 accomplishments. The presentation summarized sustainability and energy efficiency programs supporting residents and businesses, including energy assessments, rebates, and contractor support, as well as initiatives such as ReEnergize Eagle County for income-qualified households. It highlighted progress toward countywide climate goals, including increased renewable energy adoption and measurable emissions reductions. The presentation also identified ongoing outreach and participation efforts in Avon and noted anticipated changes to funding and incentives. No public comment was received. 6.3. ACTION: Swearing In & Badge Pinning of Detective Corey Baldwin and Sergeant Alan Hernandez (Chief of Police Greg Daly) Video Start Time: 00:53:40 Chief Daly presented the swearing-in and badge pinning of Sergeant Alan Hernandez and Detective Corey Baldwin, recognizing their promotions and service to the Avon Police Department. The report AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 highlighted Sergeant Hernandez’s progression from police explorer to detective and his academic and leadership achievements, as well as Detective Baldwin’s extensive investigative experience and leadership within specialized operations. The ceremony, presided over by Mayor Underwood with the oath administered by the Deputy Town Clerk Brenda Torres, included participation from family members and recognized the officers’ service and dedication. No public comment was received. 6.4. PRESENTATION: Police Presentations & Awards (Chief of Police Greg Daly) • Presentation of Avon Police Department 2025-2026 Awards • Annual report presentation/PowerPoint and a presentation by the Avon Police Criminal Investigation Bureau on Leveraging Technology to Bring Justice to our Crime Victims. Video Start Time: 01:03:55 Chief Daly presented the Avon Police Department’s 2025–2026 awards, recognizing personnel, Town staff, and community members for exceptional service and contributions beyond normal duties. Awards included Citizen Commendations, Letters of Commendation, Leadership Excellence Awards, Department Teamwork Citations, the Medal of Merit, and the Lifesaving Medal, highlighting accomplishments in enforcement, leadership, coordinated incident response, and lifesaving actions. Chief Daly presented the Avon Police Department’s 2025 Annual Report, summarizing operations, staffing, and performance, and noting that the department returned to full staffing levels by year-end. The report highlighted 22,010 calls for service, enforcement trends, and 442 reported crimes, as well as demographic data, mental health-related responses, and community partnerships. The presentation also included an overview of the Criminal Investigation Bureau’s collaboration with Avon Police investigations, emphasizing its role in complex cases and its use of tools such as digital forensics, license plate recognition, and surveillance to support multi-jurisdictional investigations and victim services. No public comment was received. 6.5. ACTION: Approval of Axon Contract Renewal (Chief of Police Greg Daly) Video Start Time: 01:58:30 Chief Daly presented the proposed Axon contract renewal, outlining upgrades to equipment and systems focused on officer safety, evidence management, and operational efficiency. He compared current and proposed capabilities, including expanded features such as automated reporting, live streaming, and integrated technologies, and reviewed pricing scenarios and long-term cost considerations associated with multi-year agreements. Mayor Underwood opened the floor to public comment; no public comment was received. Council discussion included questions regarding Axon’s live translation functionality in relation to cellular coverage and budget considerations for the contract. Following discussion, Councilor Stanley moved to approve the Axon contract for a five-year term, subject to annual budget appropriation. Councilor Brooks seconded the motion, which passed unanimously, 5–0. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 6.5.1. FORMERLY, WRITTEN REPORT 7.4: Updated Facial Recognition Accountability Report (Chief of Police Greg Daly) Video Start Time: 02:14:35 Chief Daly presented an updated facial recognition accountability report outlining the Avon Police Department’s use of facial recognition technology in compliance with Colorado law. He emphasized transparency, civil liberties protections, and statutory limitations, including required human review, restrictions on real-time surveillance without legal authorization, and the use of results as investigative leads only. The report also summarized training requirements, internal controls, and examples of use through partner agencies. No public comment was received. Mayor Underwood inquired about the use of still images in facial recognition systems, including how such images are obtained and the mechanisms in place to prevent misuse by federal immigration authorities. 6.6. PRESENTATION: Overview of DestiMetrics Reports & Graphs (Financial Analyst Chase Simmons) Video Start Time: 02:30:25 Financial Analyst Chase Simmons presented an overview of the DestiMetrics lodging data program and its use in supporting tourism and economic planning. He explained key metrics, including occupancy, average daily rate, and revenue per available room, and reviewed reporting tools used to track trends, booking pace, and comparative performance with peer resort destinations. The data informs marketing strategies, event planning, and operational decision-making. No public comment was received. Council inquired whether Finance Department staff analyze the data and discussed the value the Town could derive independently and in coordination with local hotels and businesses. It was noted that the data has informed targeted marketing efforts, including outreach to the Dallas and Chicago markets. Staff indicated the data would continue to support strategic marketing efforts aimed at driving growth. Council also inquired about improving reporting participation from lodging properties. Mr. Simmons noted that mandatory reporting could reduce data reliability and emphasized encouraging participation through outreach and demonstrating value to property operations. Council provided direction to explore ways to share general DestiMetrics information with the business community and local residents and to collaborate with staff to develop a comprehensive contact database to improve outreach, participation, and data effectiveness. 6.7. PRESENTATION: Colorado Energy Office Local Implementation, Mitigation, and Policy Action (“IMPACT”) Accelerator Grant Introduction (Sustainability Manager Charlotte Lin) Video Start Time: 02:58:50 Sustainability Manager Charlotte Lin presented the Colorado Energy Office Local IMPACT Accelerator grant, a regional program providing funding for building electrification, efficiency rebates, workforce development, and energy policy implementation. She outlined Avon’s participation, including funding allocations for residential and commercial rebate programs, coordination responsibilities, and alignment with adopted climate initiatives such as the Regional Net Zero Roadmap. Next steps include finalizing agreements, procuring partners, and AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 returning to Council with phased implementation options. No public comment was received. Council discussion included questions regarding the need for regional code development, opportunities to expand and improve rebate programs, and clarification on the timeline and structure of the intergovernmental agreement (IGA), including whether it would be executed collectively with the cohort or individually with each municipality. Council also discussed the importance of providing unbiased information on all-electric systems and the value of incorporating a social equity approach in allocating funds. Council directed staff to provide an inventory of neighborhoods that could be prioritized to benefit from the program. Council also inquired whether requests for proposals (RFPs) for program administration would be issued at the regional or local level, and the extent to which services could be tailored to Avon’s needs. Council further referenced a National Association of Home Builders study indicating that new regulations may increase housing costs by approximately 26%. 6.8. ACTION: Acceptance of 2025 Annual Comprehensive Financial Report (Chief Financial Officer Paul Redmond) Video Start Time: 03:45:00 Chief Financial Officer Paul Redmond presented the 2025 Annual Comprehensive Financial Report (ACFR), noting that the independent audit verified the accuracy of the Town’s financial statements and that the ACFR incorporates both audit results and detailed financial reporting. The presentation summarized auditor recommendations, including addressing stale checks and reviewing the transit and self-insurance funds. He was joined by Paul Bachus of McMahan and Associates, who stated that the firm audits governments across the region. He noted that the Audit Report, approximately 115 pages, serves as a comprehensive document for the federal government, grant issuers, bondholders, and the Town’s insurance and banking relationships, and is supported by an independent auditor’s report. He further reported approximately $40 million in revenues and $51 million in expenditures, reflecting significant capital activity related to real estate purchases and the public works garage. He stated that ending fund balances remained reasonable and that the Finance team has established strong controls and continues to progress toward best practices. He also recommended separating the self-insurance function into its own fund and noted the need to adapt to a new reporting standard. No public comment was received. Following discussion, Councilor Stanley moved to accept the 2025 Annual Comprehensive Financial Report. Councilor Hardy seconded the motion, which passed unanimously, 5–0. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission June 8 Meeting Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Quarterly Sustainability Report (Sustainability Manager Charlotte Lin) 7.4. Updated Facial Recognition Accountability Report (Chief of Police Greg Daly) - Added to the agenda AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 under Business Item 6.5.1. 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:56:45 Councilor Stanley reminded the public that Avon Live would take place the following day at 5:30 p.m., with music beginning at 6:00 p.m. featuring the band Heartbyrne. She also noted that Sunset Live occurs each Sunday and invited the public to attend Salute to the USA on July 3 at Harry A. Nottingham Park, including the potential for fireworks if drought conditions allow. Councilor Stanley further encouraged attendance at the Freefall Bluegrass Festival and noted that the Eagle River Coalition will host a guided exploration of Homestake Valley on July 11. Councilor Hardy congratulated Eagle County on the implementation of its geothermal system, noting its efficiency compared to traditional gas-fired systems and its ability to reduce overall energy consumption. He also referenced Colorado Mesa University’s campus-wide geothermal system, stating that associated cost savings have contributed to reduced tuition and increased scholarship opportunities, and suggested that similar systems be considered by private entities. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 09:02 p.m. These minutes are a summary of the proceedings of the meeting and are not intended to be comprehensive or to include each statement, identify each speaker, or reflect the proceedings with complete accuracy. The most accurate record of the meeting is the audio recording maintained in the Town Clerk’s Office and the video recording available for a limited time at High Five Media at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood ___________________________________ 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: Resolution 26-07 Prop 123 Fast Track Review Process DATE: July 24, 2026 SUMMARY: Resolution 26-07 is presented to Council which will adopt a “Fast Track Review” process for review of “Affordable Housing” projects. Adoption of this Fast Track Review process is a mandatory requirement of eligibility for Prop 123 funding. These policies DO NOT supersede the legal requirements of the Avon Development Code or other applicable Town of Avon regulations. PROP 123 FUNDING: Colorado voters approved dedicating one-tenth of one percent of Colorado income tax to support affordable housing projects in Colorado in November of 2022. This funding generates approximately $290-$300 Million per year. Prop 123 funds are eligible to support projects that provide rental housing that serves a maximum 60% Area Median Income household and ownership housing that serves a maximum 100%-120% Area Median Income household. Avon has submitted an application for a Rural Resort Waiver that would expand eligible projects to rental housing that serves up to 100% Area Median Income households and ownership projects that serve up to 140% Area Median Income households. One of the requirements for Prop 123 funding eligibility is adoption of a “Fast Track Review” process for “affordable housing” before the end of 2026. Avon currently has a Prop 123 Land Banking application submitted and under review which requires compliance with the Fast Track Review process. FAST TRACK REVIEW POLICIES: The Fast Track Review policies included in Resolution 26-07 track the criteria and recommendations set forth in the Department of Local Affairs guidance. These policies have been reviewed by the Department of Local Affairs staff, who provided a courtesy review and offered several comments. The courtesy review comments have been incorporated in this draft. Many communities have adopted very simple resolutions without the policy included with this resolution; however, there are a number of questions related to interpretation and application which are left unanswered with a generic policy adoption statement. These guidelines address those details. AFFORDABLE HOUSING: The Prop 123 Fast Track Review process only applies to projects with 50% “affordable housing”, which is residential development that meets the maximum household Area Median Income limits approved for Avon. “Community Housing” is a broader category of housing in Avon. 90 DAYS TO FINAL DECISION: The Prop 123 generally requires 90 days to a final decision for a specific list of development applications, but allows the Town to extend by 30 days and the Applicant to extend by the 90 days or more if desired. There is not any obligation on the Town to approve a project within the timeframe, just a policy to make a final decision within the timeframe. This timeframe is functionally not much different than the timeframes in Avon’s Development Code for review of development applications. The Avon Development Code allows Avon PZC and Council to each continue a public hearing for 65 days after the initial public hearing. Page 2 of 2 There is no change or impact to the Town’s ability to review a development application for completeness and the 90 day period does not begin to toll until the Town formally determines in writing that a development application is complete. ELIGIBLE DEVELOPMENT APPLICATIONS: This Fast Track Review process only applies to Development Plans, Buildings Permits, Variance, Special Review Use, Alternative Design, Development Bonus, Planned Unit Development that do not include zoning use or subdivision, and review of construction and engineering documents. Ineligible projects include Comprehensive Plan amendments, Code Text amendments, Zoning, Subdivisions, Vested Property Rights, Sign Permits, Appeals and Annexations. RECOMMENDATION: I recommend that Council approve Resolution 26-07 so staff can submit these Fast Track Review policies to confirm compliance with Prop 123 requirements. PROPOSED MOTION: “I move to adopt Resolution 26-07 Adopting Proposition 123 Affordable Housing Development Application Fast Track Review Process.” Thank you, Eric ATTACHMENT A: Resolution 26-7 Adopting Proposition 123 Affordable Housing Development Application Fast Track Review Policies. Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 1 of 7 RESOLUTION 26-07 ADOPTING PROPOSITION 123 AFFORDABLE HOUSING DEVELOPMENT APPLICATION FAST TRACK REVIEW POLICIES WHEREAS, the voters of Colorado approved Proposition 123 in 2022 creating the State Affordable Housing Fund to make certain funds available to local governments as defined by C.R.S. § 29-32-104; and WHEREAS, Town of Avon (“Avon”) is a Colorado home rule municipality duly and regularly organized and validly existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado and is eligible for Proposition 123 funding and programing; and WHEREAS, Avon recognizes the significant unmet demand for additional affordable housing opportunities to serve the regional workforce and further recognizes the importance of allowing, supporting, facilitating and expediting the development of affordable and attainable housing for Avon’s workforce and residents; and WHEREAS, Avon has filed a Proposition 123 commitment to increase affordable housing as defined in C.R.S. § 29-32-105; and WHEREAS, Avon adopted the definition of “Community Housing” in Section 3.14.020 of the Avon Municipal Code; and WHEREAS, Avon adopted Section 7.16.015 of the Avon Municipal Code in 2024, creating prioritized scheduling for development projects creating Community Housing units; and WHEREAS, Avon desires to further promote and prioritize a fast track review process for affordable housing projects that may be eligible for Proposition 123 funding; and WHEREAS, Avon desires to clearly adopt fast track review policies that meet the requirements of the Proposition 123 Fast Track Review Process set forth by the Department of Local Affairs; and WHEREAS, the Avon Town Council finds that the adoption of this policy to further promote affordable housing will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE AVON TOWN COUNCIL that Avon Municipal Code Section 7.16.015, Title 7 Avon Development Code in general, and other applicable provisions of the Avon Municipal Code and other adopted regulations shall all be ATTACHMENT A Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 2 of 7 administered to follow the policies attached hereto as EXHIBIT A: PROPOSITION 123 FAST TRACK REVIEW PROCESS. ADOPTED JULY 28, 2026 by the AVON TOWN COUNCIL By: Attest:___________________________ Tamra N. Underwood Miguel Jauregui Casanueva, Town Clerk Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 3 of 7 EXHIBIT A: PROPOSITION 123 FAST TRACK REVIEW PROCESS 1. Purposes. This Fast Track Review policy has the following purposes: (a) Implement the requirements of Fast Track Review process set forth in Colorado Revised Statute §29-32-105(2) and other relevant regulations and guidance adopted by the Department of Local Affairs. (b) Implement a process that maximizes the efficiency and minimizes the timeframe of development application review for Eligible Development Applications in order to reduce development costs, promote Affordable Housing investment interest, and expedite the delivery of additional Affordable Housing. 2. Interpretation. This Fast Track Review process for Affordable Housing development applications shall be liberally interpreted to implement the stated purposes of this policy. Nothing herein shall supersede, replace, or diminish the Town of Avon’s development application review authority and ability to approve, approve with conditions, or deny development applications in accordance with the review criteria set forth the Avon Development Code and in consideration of other relevant regulations. The procedures and criteria set forth in AMC 7.04040 shall apply to interpretations of this policy. 3. Definitions (a) Affordable Housing means rental housing and ownership housing which is subject to a permanent restriction that limits the maximum rent or maximum sales price to the AMIs adopted by the Department of Local Affairs, set forth in Colorado Revised Statute §29-32-101 et.seq., as may be amended from time to time, subject to any specific rural resort waiver granted to the Town of Avon by the Department of Local Affairs. (b) AMC means the Avon Municipal Code, as may be amended from time to time. (c) AMI means the annual Area Median Income maximum rent and income limit tables adopted by the U.S. Department of Housing and Urban Development (“HUD”) and published by the Colorado Housing and Finance Authority (“CHFA”). (d) Applicant means the applicant for an Eligible Development Application. (e) Community Housing means Community Housing as defined in AMC 3.14.020. (f) Eligible Development Application means an application for development which is eligible for this Fast Track Review process as further defined in Section 4.(a) below. (g) Fast Track Review means the expedited review and approval process adopted by these Fast Track Affordable Housing Development Application Review Policies. Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 4 of 7 (h) Mixed-Use Project means a project that includes deed restricted affordable housing and other uses, such other uses include but are not limited to free market residential, Community Housing which does not meet the definition of Affordable Housing, commercial, industrial, and public facilities. 4. Applicability (a) Eligible Development Application means a development application which is (1) one, or more, of the development application types listed in sub-section (b) below, and (2) at least 50% of the proposed residential development is Affordable Housing or the Town has approved a request for the Fast Track Review process in accordance with sub-section (f) below. (b) Applicable Development Applications. (1) Development Plan, including Site Plan, review set forth in AMC 7.16.080. (2) Building Permit set forth in AMC Title 15. (3) Variance set forth in AMC 7.16.110. (4) Special Review Use set forth in AMC 7.16.100. (5) Review of Alternative Design set forth in AMC 7.16.120. (6) Review of a Development Bonus set forth in AMC 7.16.170. (7) Planned Unit Development set forth in AMC 7.16.060 which does not include zoning use approval or a subdivision of land. (8) Review of construction or engineering documents that are part of a standalone application type or are required by local regulations to be included in the types of applications listed above. (9) Modifications of development plan, development permit, variance, or required construction or engineering documents following initial approval of an Affordable Housing project. (c) Exempt Development Applications. The following development applications are not eligible for the Fast Track Review process: (1) Pre-Application Reviews set forth in AMC 7.16.020(a) (2) Comprehensive Plan Amendment set forth in AMC Chapter 7.16.030. (3) Code Text Amendments set forth in AMC 7.16.040. (4) Zoning set forth in AMC 7.16.050. Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 5 of 7 (5) Subdivisions set forth in AMC 7.16.070. (6) Vested Property Rights set forth in AMC 7.16.140. (7) Sign Permits set forth in AMC 7.16.160. (8) Appeals set forth in AMC 7.16.180. (9) Annexations set forth in AMC Chapter 7.36. (10) Non-Residential Building Permits set forth in AMC Title 15. (11) Construction and Engineering Drawings required for any Exempt Development Application. (12) Any application for which the Developer affirmatively opts out of this Fast Track Review process. (d) The Applicant must elect the Fast Track Review when submitting a development application. (e) The Fast Track Review process only applies to the Affordable Housing portion of a mixed-use or mixed-income development project. (f) An Applicant may request Fast Track Review process for projects with less than 50% of residential units constitute Affordable Housing or projects with at least 50% Community Housing residential units which may exceed the AMI limits set forth in the definition of Affordable Housing. The Community Development Director shall determine if the Fast Track Review process is appropriate by considering the complexity of the project, compatibility with adjacent properties in terms of mass and scale, and the overall quantity of Affordable Housing or Community Housing residential units. 5. Best Practices. The following best practices are adopted as guidance to facilitate efficient and expeditious review of Eligible Development Applications: (a) Efficient Pre-Application Conference Process. The Pre-Application Conference process is intended to inform the Applicant of all requirements, details and aspects of a development application that are required to comprise a complete application as well as provide guidance on compliance with applicable development application review criteria. Staff should provide guidance to the Applicant on specific topics and details to discuss prior to the Pre-Application Conference and should provide a written summary to the Applicant after the Pre-Application Conference of guidance and details discussed. (b) Defined Schedule and Due Dates. Staff should identify all target review dates for the Avon Planning and Zoning Commission, Avon Town Council and any other applicable Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 6 of 7 review entity, including the due dates to publish notices and due dates to submit materials for review and inclusion in public meeting packets. Staff should promptly communicate any issues, need for additional information or changed circumstances, that may affect the schedule. NOTE: In order to meet the 90 day timeframe for development applications that require public hearings and review by both Avon Planning and Zoning Commission and Avon Town Council, both review entities may need to strive for review and recommendation or review and action with only two regularly scheduled meetings. If additional meetings and public hearings are desired then special meetings may need to be scheduled to meet the 90 day timeframe for a final decision. (c) Concurrent Review. Concurrent review of multiple application types is permitted and encouraged in accordance with AMC 7.16.020(b)(4). (d) Coordinate with External Review Agencies. Staff shall strive to identify any required external review agencies at the Pre-Application Conference and shall strive to notify, coordinate and facilitate the prompt review of Eligible Development Applications by such external review agencies. (e) Expand Eligibility. Staff shall strive to approve requests for the Fast Tract Review process in accordance with Section 4.(f) above to facilitate and expedite other development applications that propose workforce housing dedicated to full-time residents. (f) Continuous Process Improvement. This Fast Track Review process shall be regularly re-evaluated to determine practices and procedures that may be improved to further facilitate the approval of new workforce housing development. (g) Other Development Types. This Fast Track Review process includes additional development types which are applicable as set forth in Section 4.(b) above. (h) Appeals Process. The Town’s appeal process set forth in AMC 7.16.180 includes defined timeframes which expedite setting a hearing and rendering a decision on appeals. 6. Determination of Complete Application. Eligible Development Applications shall be submitted and processed in accordance with AMC 7.16.020 and shall be determined complete in accordance with AMC 7.16.020(c)(1). The 90 day period for a Final Decision shall begin tolling on the day that the Town notifies the Applicant in writing that an Eligible Development Application is complete. 7. Final Decision within 90 days. A final decision on Eligible Development Applications shall be made within 90 days subject to the following guidelines: (a) 90 starts on day that the Eligible Development Application is determined complete. (b) The 90 days shall run continuously from the first day. Resolution 26-07 Fast Track Community Housing July 28, 2026 Page 7 of 7 (c) Avon Town Council makes the final decision, which shall be documented by adoption of the Findings of Fact and Record of Decision, as defined in Avon Development Code set forth in AMC Title 7. (d) Post approval actions and administrative implementation, such as signatures, recordation of documents, are not required to be completed within 90 days. (e) The 90 day timeframe to render a final decision may be extended as described in Sections 8. and 9. below. (f) Withdrawal of a project and resubmittal of a new development application results in a 90 day timeframe commencing from the day the new development application is determined to be complete. 8. Extension Request by Applicant. The Applicant may request an extension of the 90 day timeframe for review and final decision on an Eligible Development Application per the following guidelines: (a) The Applicant may request an extension for up to an additional 90 days at Applicant’s discretion. (b) The Applicant may request an extension to comply with state law or court order for an additional 90 days and then any further extension will be at the discretion of the Town. (c) The Applicant may request an extension to address comments from third party review agency with approval authority over the project for an additional 90 days and then any further extension will be at the discretion of the Town. (d) The Applicant may request an extension to prepare and submit additional information for an additional 90 days and then any further extension will be at the discretion of the Town. 9. Extension Request by Town. Town may extend the Fast Track Review process by an additional 30 days to address comments or concerns that arise during development review by providing written notice of such extension to the Applicant. The Applicant is encouraged, but not required, to respond within 5 business days 970.748.4088 predmond@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Eric Heil, Town Manager and Paul Redmond, Chief Finance Officer RE: Tax Increment IGA – Avon Urban Renewal Authority DATE: July 7, 2026 SUMMARY: The proposed Intergovernmental Agreement (“IGA”) establishes a framework under which Avon Urban Renewal Authority (“AURA”) will remit all tax increment revenues generated from The Summit development to the Town through December 31, 2033. The agreement is intended to reimburse the Town for significant public investments associated with The Summit, including community housing, public improvements, public amenities, and civic infrastructure. The Avon Urban Renewal Authority and the DDA have entered into an Agreement with the Avon Station/Confluence Metro District. The Avon Urban Renewal Authority will capture the full mill levy until 2033 and the DDA will capture the operation mill levy until 2054. BACKGROUND: The Avon Urban Renewal Authority was established by the Town pursuant to Resolution 07-20 and administers the West Town Center Investment Plan. The Summit project is located within theWest Town Center Investment Plan area and is therefore expected to generate urban renewal taxincrement revenue. As part of The Summit Development Agreement, the Town committed approximately $10 million in project-related investments, including: •$6,000,000 for construction of the community space, adjacent patio, and dedicated parking. •$4,000,000 for acquisition of sixteen (16) Community Housing Deed Restrictions. •Additional support for public benefits including the pedestrian connection and dedication of land forcompletion of the Civic Plaza. The proposed IGA, which has been through legal review, directs tax increment revenues generated by The Summit to the Town through 2033 to help offset these public investments. FINANCIAL IMPACT: Approval of the IGA does not create a new Town expenditure. Instead, it provides a future revenue source to partially reimburse the Town for public investments associated with The Summit development. Tax increment revenues that would otherwise be retained by AURA will be remitted to the Town through December 31, 2033. RECOMMENDATION: We recommend approval of the tax increment revenue remittance agreement. This will be a great use of AURA funds and benefit our community by adding much needed activation spaces to serve the Avon community. Attachment A, is Resolution 26-08 and Exhibit A is the IGA Tax Increment Agreement. PROPOSED MOTION: “I move to approve Resolution 26-08 Approving an Intergovernmental Agreement Between the Town of Avon and the Avon Urban Renewal Authority Concerning the Remittance of Tax Increment Revenue from the Summit Development Through 2033.” Page 2 of 2 Thank you, Eric and Paul ATTACHMENT A: Resolution 26-08 IGA Tax Increment Agreement Resolution 26-08 July 28, 2026 Page 1 of 2 RESOLUTION 26-08 APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE AVON URBAN RENEWAL AUTHORITY CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE FROM THE SUMMIT DEVELOPMENT THROUGH 2033 WHEREAS, the Avon Urban Renewal Authority ("AURA") was established by the Town of Avon pursuant to Resolution 07-20 and in accordance with § 31-25-101, et seq., C.R.S., to promote redevelopment, economic revitalization, and investment within designated urban renewal plan areas; and, WHEREAS, the Town subsequently adopted the West Town Center Investment Plan ("WTCI Plan"), within which The Summit development is located; and, WHEREAS, pursuant to the Urban Renewal Law and the WTCI Plan, AURA is authorized to receive and retain tax increment revenue generated from property located within the urban renewal area; and, WHEREAS, GP Avon Developer, LLC is developing a mixed-use project known as "The Summit," consisting of 164 residential units and approximately 4,000 square feet of commercial community space within the Town of Avon; and, WHEREAS, pursuant to The Summit Development Agreement, the Town has committed substantial public investment in the project, including $6,000,000 for the construction of the commercial community space, adjacent patio, and dedicated parking spaces, and $4,000,000 toward the acquisition of sixteen (16) Community Housing Deed Restrictions; and, WHEREAS, the Town has also supported various public improvements and public benefits associated with The Summit, including contributions toward the pedestrian connection and dedication of land for completion of the Civic Plaza; and, WHEREAS, the Town and AURA have negotiated an Intergovernmental Agreement whereby AURA agrees to remit to the Town the tax increment revenues generated by The Summit through December 31, 2033; and, WHEREAS, the purpose of the Intergovernmental Agreement is to reimburse the Town for its investment in public improvements, public amenities, community housing, and other public benefits associated with The Summit project; and, WHEREAS, the Town Council finds that approval of the Intergovernmental Agreement promotes the health, safety, and welfare of the Town by supporting community housing, public improvements, economic development, and the effective use of public resources. ATTACHMENT A Resolution 26-08 July 28, 2026 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Intergovernmental Agreement Between the Town of Avon and the Avon Urban Renewal Authority Concerning the Remittance of Tax Increment Revenue Through 2033, attached hereto as Exhibit A, is hereby approved. ADOPTED July 28, 2026, by the AVON TOWN COUNCIL By: Attest:___________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk EXHIBIT A IGA – Town of Avon-Avon Urban Renewal Authority The Summit – Tax Increment Remittance July 28, 2026 Page 1 of 4 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE AVON URBAN RENEWAL AUTHORITY, CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE UNTIL 2033 This Intergovernmental Agreement concerning the Remittance of Tax Increments (the “Agreement”) is entered into on July 28, 2026 by and between the Town of Avon, Colorado (“Town”), a home rule municipality organized under the laws of the State of Colorado, and the Avon Urban Renewal Authority (“Authority”) a Authority organized pursuant to C.R.S. § 31-25-101 et. seq., individually referred to as Party and collectively as Parties.RECITALS WHEREAS, the Town is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 (“Charter”); and WHEREAS, the Authority is a Colorado urban renewal authority established in accordance with§ 31-25-101, et. seq. (“URA Act”), with the purpose of promoting development of properties within adopted urban renewal plan areas for the prevention of blight and for the promotion of economic development and revitalization within adopted plan areas; and WHEREAS, pursuant to Resolution 07-20 Council established the Avon Urban Renewal Authority and subsequently adopted the West Town Center Investment Plan (“WTCI Plan”); and WHEREAS, pursuant to the URA Act and the WTCI Plan, the Authority has the ability and authority to collect and retain the District Tax Increment Revenue derived from taxes imposed on The Summit property which is within the boundaries of the Authority; and WHEREAS, GP Avon Developer, LLC, is a limited liability company who is entering into a Development Agreement with the Town for the development of a 164-unit residential project and an approximate 4,000-square foot commercial community space located on the approximately 1.7-acre real property located within the Town of Avon herein referred to as “The Summit;” and WHEREAS, pursuant to such Development Agreement, the Town is contributing $6,000,000 for the construction on the commercial community space, adjacent patio and dedicated parking spaces and is contributing $4,000,000 towards the purchase of 14 Community Housing Deed Restrictions; and WHEREAS, The Summit development is within the WTCI Plan boundary limits; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-203 and 29-1-203.5, et seq., Colorado Revised Statutes, encourage governments to make the mostefficient and effective use of their powers and responsibilities by cooperating and contracting Exhibit A IGA – Town of Avon-Avon Urban Renewal Authority The Summit – Tax Increment Remittance July 28, 2026 Page 2 of 4 among themselves, including forming a political subdivision to provide any public improvements, functions, services, or facilities that the governments can each provide individually; and WHEREAS, the Authority has determined that it is in the best interests of the Authority and Town and the taxpayers that the tax increments received from The Summit be remitted back to the Town through December 31, 2033, to reimburse the Town for its significant investment in public benefits, public improvements and Community Housing units at The Summit. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties hereto as follows: AGREEMENT Section 1. Purpose. The purpose of this Agreement is to establish that the Avon Urban Renewal Authority commits to remitting any tax increments generated by The Summit property or development to the Town until 2033, the last year the Authority is projected to receive the full tax increment. Section 2. Collection and Remittance of Tax Increment. The tax increment revenue received by the Authority derived from taxes imposed on The Summit property through 2033 are hereby authorized and approved to be remitted to the Town, to reimburse the Town for its investment in public improvements and investments, including the Community Space, contribution to the Pedestrian Connection, dedication of land for the competition of the Civic Plaza, and the acquisition of Community Housing Deed Restrictions at The Summit, as described in The Summit Development Agreement, dated July 28, 2026. Section 3. Governmental Immunity. Notwithstanding any provision in the Agreement, the Authority and Town are relying on and do not waive or intend to waive by any provision of this Amended and Restated Agreement, the monetary limitations or any other rights, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Authority and Town or its officers or employees. Section 4. Liability. In the event the Town is named as a party in any legal action related to this Agreement and the Town’s collection the incremental tax remittance, the Authority shall select legal counsel to represent the Town in such action. Such action shall be vigorously defended against, the Town shall be consulted as to all significant decisions involved in the action, and the action shall not be compromised or settled without the Town’s consent, which consent shall not be unreasonably withheld. The Authority’s liability shall be limited to those amounts not covered by the insurance carried by the Town. Under no circumstances shall the Authority be liable to the Town for special, punitive, indirect, or consequential damages suffered by the Town arising out of or in connection with the Agreement or any lawsuit brought under this Section. Exhibit A IGA – Town of Avon-Avon Urban Renewal Authority The Summit – Tax Increment Remittance July 28, 2026 Page 3 of 4 Section 5. Term of Agreement. The Parties have determined that this Agreement, along with all of its terms, conditions, shall go into effect as of June 9, 2026, once approved by all Parties, and shall be in effect through December 31, 2033, the last year the Authority is projected to receive the full tax increment. Section 6. Enforcement. This Agreement and the terms and provisions hereof may be enforced by either Party hereto and their successors and assigns. In the event legal or administrative proceedings are brought against any Party for the purpose of such enforcement, the prevailing Party shall recover from the non-prevailing Party all costs associated therewith, including but not limited to reasonable attorney’s fees. Section 7. Miscellaneous Provisions. 7.1 This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 7.2 No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.3 This Agreement constitutes the entire agreement between the Parties regarding the subject matter thereof and shall be binding upon the Parties, their officers, employees, agents, and assigns, and may not be assigned by any Party without the express written consent of the other Party. 7.4 In the event that any of the terms or conditions of this Agreement or their application shall be held invalid as to any person, entity, or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms or conditions to such persons, entities, or circumstances shall not be affected thereby and this Amended and Restated Agreement shall be interpreted as if such invalid term or condition is not contained herein. 7.5 By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory’s execution of this Agreement. 7.6 The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 7.7 The laws of the State of Colorado, without regard to Colorado laws regarding conflicts of law, shall govern the construction, interpretation, execution and enforcement of this Agreement. Venue for any dispute arising out of or relating to the Agreement shall be in the State of Colorado District Court for Eagle County. Exhibit A IGA – Town of Avon-Avon Urban Renewal Authority The Summit – Tax Increment Remittance July 28, 2026 Page 4 of 4 7.8 The section headings in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any part of this Agreement. 7.9 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. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. TOWN OF AVON, COLORADO, by and through its Town Council BY: ___________________________ ATTEST:___________________________ Tamra N. Underwood, Mayor Miguel Casanueva, Town Clerk AVON URBAN RENEWAL AUTHORITY BY: ____________________________ ATTEST:____________________________ Tamra N. Underwood, Chairperson Miguel Casanueva, Secretary TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Eric Heil, Town Manager and Paul Redmond, Chief Finance Officer RE: Tax Increment IGA DATE: July 7, 2026 SUMMARY: The proposed Intergovernmental Agreement (“IGA”) formalizes an agreement under which the Avon Downtown Development Authority (“DDA”) will remit all DDA tax increment revenues generated by The Summit development to the Town through 2054. The purpose of the agreement is to reimburse the Town for its $6 million investment toward the acquisition of the community space within The Summit project. The Summit is a mixed-use development consisting of 164 residential units and approximately 4,000 square feet of community space located within the boundaries of the Avon Downtown Development Authority. As the project is located within the DDA district, property tax increment revenues generated by the development would otherwise be retained by the DDA pursuant to the DDA Plan and applicable Colorado statutes. The Avon Urban Renewal Authority and the DDA have entered into an Agreement with the Avon Station/Confluence Metro District. The Avon Urban Renewal Authority will capture the full mill levy until 2033 and the DDA will capture the operation mill levy until 2054. BACKGROUND: In 2023, the Town established the Avon Downtown Development Authority and adopted the Avon Downtown Development Authority Plan to support economic development, community housing, and public improvements within downtown Avon. The Summit project is located within the West Town Center Investment Plan area and is therefore expected to generate urban renewal tax increment revenue. As part of The Summit Development Agreement, the Town committed approximately $10 million in project-related investments, including: •$6,000,000 for construction of the community space, adjacent patio, and dedicated parking. •$4,000,000 for acquisition of sixteen (16) Community Housing Deed Restrictions. •Additional support for public benefits including the pedestrian connection and dedication of land forcompletion of the Civic Plaza. The proposed IGA, which has been through legal review, directs tax increment revenues generated by The Summit to the Town through 2054 to help offset these public investments. FINANCIAL IMPACT: The agreement does not create a new Town expenditure. Rather, it establishes a mechanism by which future DDA tax increment revenues generated by The Summit will be remitted to the Town through 2054. These revenues are intended to offset and reimburse the Town's $6 million investment in community space associated with the project. RECOMMENDATION: We recommend approval of the tax increment revenue remittance agreement. This will be a great use of DDA funds and benefit our community by adding much needed activation spaces to serve the Avon community. Attachment A, is Resolution 26-09 and Exhibit A is the IGA Tax Increment Agreement. PROPOSED MOTION: “I move to approve Resolution 26-09 Approving an Intergovernmental Agreement Between the Town of Avon and the Avon Downtown Development Authority, Concerning the Remittance of Tax Increment Revenues from the Summit Development Through 2054.” Thank you, Eric and Paul ATTACHMENT A: Resolution 26-09 IGA Tax Increment Agreement RESOLUTION 26-09 APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE AVON DOWNTOWN DEVELOPMENT AUTHORITY CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE FROM THE SUMMIT DEVELOPMENT THROUGH 2054 WHEREAS, the Avon Downtown Development Authority ("DDA") was established by the Town of Avon pursuant to Ordinance No. 23-02 and in accordance with § 31-25-801, et seq., C.R.S., to support downtown economic development, community housing, and related publicimprovements within the Avon Downtown Development District; and, WHEREAS, the DDA adopted the Avon Downtown Development Authority Plan dated October 2, 2023 (“DDA Plan”); and, WHEREAS, pursuant to The Summit Development Agreement, the Town has committed substantial public investment in the project, including $6,000,000 for the construction of the commercial community space, adjacent patio, and dedicated parking spaces, and $4,000,000 toward the acquisition of sixteen (16) Community Housing Deed Restrictions; and, WHEREAS, the Town has also supported various public improvements and public benefits associated with The Summit, including contributions toward the pedestrian connection and dedication of land for completion of the Civic Plaza; and, WHEREAS, pursuant to the DDA Act and the DDA Plan, the DDA is authorized to receive tax increment revenue generated from property located within the DDA boundaries, including The Summit development; and, WHEREAS, the Town and the DDA have negotiated an Intergovernmental Agreement concerning the remittance of tax increment revenue generated by The Summit development through the year 2054; and, WHEREAS, under the proposed Intergovernmental Agreement, the DDA agrees to remit tax increment revenue generated by The Summit to the Town through 2054 to reimburse the Town for its substantial investment in community housing units within the project; and, WHEREAS, the Avon Town Council finds that approval of the Intergovernmental Agreement promotes the public healthy, safety, and welfare by supporting Community Housing, facilitating economic development, and providing a mechanism to reimburse the Town for its investment in the commercial community space and Community Housing at The Summit. ATTACHMENT A NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Intergovernmental Agreement Between the Town of Avon and the Avon Downtown Development Authority Concerning the Remittance of Tax Increment Revenue Until 2054, attached hereto as Exhibit A, is hereby approved. ADOPTED July 28, 2026, by the AVON TOWN COUNCIL By: Attest:___________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE AVON DOWNTOWN DEVELOPMENT AUTHORITY, CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE UNTIL 2054 This Intergovernmental Agreement concerning the Remittance of Tax Increments (the “Agreement”) is entered into on June 29, 2026 by and between the Town of Avon, Colorado (“Town”), a home rule municipality organized under the laws of the State of Colorado, and the Avon Downtown Development Authority (“Authority”) a Downtown Development Authority organized pursuant to C.R.S. § 31-25-801 et. seq., individually referred to as Party and collectively as Parties. RECITALS WHEREAS, the Town is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 (“Charter”); and WHEREAS, the Authority is a Colorado downtown development authority established in accordance with§ 31-25-801, et. seq. (“DDA Act”), with the purpose of developing Community Housing in the Avon Downtown Area to provide additional workforce housing and to sustain and enhance a critical mass of residents in the Avon Downtown Area necessary to support neighborhood businesses and to support the public infrastructure and public facilities which sustain and enhance the attractiveness of business investment in the Avon Downtown Area within the Town; and WHEREAS, pursuant to Ordinance No. 23-02, the Town Council adopted amendments to the Avon Municipal Code which created the Avon Downtown Development Authority; and WHEREAS, in furtherance of its organization and purpose, the Authority adopted the Avon Downtown Development Authority Plan, dated October 2, 2023 (“DDA Plan”); and WHEREAS, pursuant to the DDA Act and the DDA Plan, the Authority has the ability and authority to collect and retain the District Tax Increment Revenue derived from taxes imposed on The Summit property which is within the boundaries of the Authority; and WHEREAS, GP Avon Developer, LLC, is a limited liability company who is entering into a Development Agreement with the Town for the development of a 164-unit residential project and an approximate 4,000-square foot commercial community space located on the approximately 1.7-acre real property located within the Town of Avon herein referred to as “The Summit;” and WHEREAS, pursuant to such Development Agreement, the Town is contributing $6,000,000 for the construction on the commercial community space, adjacent patio and dedicated parking EXHIBIT A spaces and is contributing $4,000,000 towards the purchase of 14 Community Housing Deed Restrictions; and WHEREAS, The Summit development is within the Avon Downtown Development District boundary limits; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-203 and 29-1-203.5, et seq., Colorado Revised Statutes, encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contractingamong themselves, including forming a political subdivision to provide any publicimprovements, functions, services, or facilities that the governments can each provideindividually; and WHEREAS, C.R.S. §31-25-808(f) provides that the Authority is to “cooperate with the municipality in which the authority is located and any other governmental agency or other public body and to enter into contracts with any such agency or body;” and WHEREAS, the Authority has determined that it is in the best interests of the Authority and Town and the taxpayers that the tax increments received from The Summit be remitted back to the Town through December 31, 2054, to reimburse the Town for its significant investment in public benefits, public improvements and Community Housing units at The Summit. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties hereto as follows: AGREEMENT Section 1. Purpose. The purpose of this Agreement is to establish that the Avon Downtown Development Authority commits to remitting any tax increments generated by The Summit property or development to the Town until 2054, the last year the Authority is projected to receive the full tax increment. Section 2. Collection and Remittance of Tax Increment. The tax increment revenue received by the Authority derived from taxes imposed on The Summit property through 2054 are hereby authorized and approved to be remitted to the Town, to reimburse the Town for its investment in public improvements and investments, including the Community Space, contribution to the Pedestrian Connection, dedication of land for the competition of the Civic Plaza, and the acquisition of Community Housing Deed Restrictions at The Summit, as described in The Summit Development Agreement, dated June 29, 2026. Section 3. Governmental Immunity. Notwithstanding any provision in the Agreement, the Authority and Town are relying on and do not waive or intend to waive by any provision of this Amended and Restated Agreement, the monetary limitations or any other rights, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Authority and Town or its officers or employees. Section 4. Liability. In the event the Town is named as a party in any legal action related to this Agreement and the Town’s collection the incremental tax remittance, the Authority shall select legal counsel to represent the Town in such action. Such action shall be vigorously defended against, the Town shall be consulted as to all significant decisions involved in the action, and the action shall not be compromised or settled without the Town’s consent, which consent shall not be unreasonably withheld. The Authority’s liability shall be limited to those amounts not covered by the insurance carried by the Town. Under no circumstances shall the Authority be liable to the Town for special, punitive, indirect, or consequential damages suffered by the Town arising out of or in connection with the Agreement or any lawsuit brought under this Section. Section 5. Term of Agreement. 6.1 The Parties have determined that this Agreement, along with all of its terms, conditions, shall go into effect as of June 29, 2026, once approved by all Parties, and shall be in effect through December 31, 2054, the last year the Authority is projected to receive the full tax increment. Section 6. Enforcement. This Agreement and the terms and provisions hereof may be enforced by either Party hereto and their successors and assigns. In the event legal or administrative proceedings are brought against any Party for the purpose of such enforcement, the prevailing Party shall recover from the non-prevailing Party all costs associated therewith, including but not limited to reasonable attorney’s fees. Section 7. Miscellaneous Provisions. 7.1 This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 7.2 No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.3 This Agreement constitutes the entire agreement between the Parties regarding the subject matter thereof and shall be binding upon the Parties, their officers, employees, agents, and assigns, and may not be assigned by any Party without the express written consent of the other Party. 7.4 In the event that any of the terms or conditions of this Agreement or their application shall be held invalid as to any person, entity, or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms or conditions to such persons, entities, or circumstances shall not be affected thereby and this Amended and Restated Agreement shall be interpreted as if such invalid term or condition is not contained herein. 7.5 By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory’s execution of this Agreement. 7.6 The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 7.7 The laws of the State of Colorado, without regard to Colorado laws regarding conflicts of law, shall govern the construction, interpretation, execution and enforcement of this Agreement. Venue for any dispute arising out of or relating to the Agreement shall be in the State of Colorado District Court for Eagle County. 7.8 The section headings in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any part of this Agreement. 7.9 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. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. TOWN OF AVON, COLORADO, by and through its Town Council BY: ___________________________ ATTEST:___________________________ Tamra N. Underwood, Mayor Miguel Casanueva, Town Clerk AVON DOWNTOWN DEVELOPMENT AUTHORITY BY: ____________________________ ATTEST:____________________________ Tony Emrick, Chairperson Chris Neuswanger, Secretary 970.748.4113 jshoun@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Jim Shoun, Mobility Manager RE: Eagle Valley Transportation Authority IGA Amendment DATE: July 20, 2026 SUMMARY: This report presents to Avon Town Council Resolution 26-10, approving an amendment to the Eagle Valley Transportation Authority Intergovernmental Agreement (“EVTA IGA”). The amendment is intended to clarify that future amendments to the IGA require a “unanimous vote minus one” of all member. The amendment does not propose any substantive change to the other terms of the EVTA IGA. BACKGROUND: In September 2022, the Eagle Valley Transportation Authority (“Authority”) was created by Intergovernmental Agreement between the Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Beaver Creek Metro District, and Eagle County. It provided for the establishment of the Authority as a Colorado Regional Transportation Authority. DISCUSSION: The Authority Board adopted a resolution on July 8, 2026 initiating an amendment to the EVTA IGA to clarify the existing language in Section 12.01 of the IGA. This resolution is intended to ensure clarity, consistency, and shared understanding among all parties and is meant to clarify that any amendment of the IGA requires approval of unanimous minus one of all members. RECOMMENDATION: Staff recommends approval of the Eagle Valley Transportation Authority Intergovernmental Agreement Amendment. TOWN MANAGER COMMENTS/RECOMMENATION: I was an active participant in the formation of the Authority and the drafting of the EVTA IGA and I shared email correspondence with the Authority Executive Director, Authority attorney, and Avon’s representative to the Authority, Rich Carroll. The EVTA IGA is intended to require a supermajority of “unanimous minus one” for major changes to the EVTA IGA, including amendments. I support the resolution and language change to clarify the super majority vote requirement for amendments to the EVTA IGA. PROPOSED MOTION: “I move to approve Resolution 26-10, Approving an Amendment of Section 12.01 of the Eagle Valley Transportation Authority Intergovernmental Agreement.” Thank you, Jim ATTACHMENT A: EVTA Board Resolution 26-06: Amending Section 12.01 of the EVTA Intergovernmental Agreement. ATTACHMENT B: Town of Avon Resolution 26-10: Approving EVTA Board Resolution 26-06 ATTACHMENT C: Memorandum explaining the amendment from EVTA Executive Director Tanya Allen ATTACHMENT A Resolution Form – 2026 July 28, 2026 Page 1 of 2 RESOLUTION 26-10 APPROVING AN AMENDMENT OF SECTION 12.01 OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT WHEREAS, Eagle Valley Transportation Authority (“Authority”) was created by the Eagle Valley Transportation Authority Intergovernmental Agreement, which was entered into by and among Beaver Creek Metropolitan District; Town of Avon, Colorado; Eagle County, Colorado; Town of Eagle, Colorado; Town of Minturn, Colorado; Town of Red Cliff, Colorado; and Town of Vail, Colorado, dated as of September 1, 2022 (the “Authority IGA”), providing for the establishment of the Authority as a Colorado regional transportation authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended; and WHEREAS, pursuant to Section 43-4-604(3)(i), C.R.S., the Board of Directors of the Authority (“Authority Board”) may amend the Authority IGA t pursuant to the amendment procedures specified in the Authority IGA; and WHEREAS, the members of the Authority desire to amend the Authority IGA to remove ambiguity in Section 12.01 and clarify the process to amend the Authority IGA; and WHEREAS, the intended process for amending the Authority IGA requires initiation of the amendment by resolution of the Board, followed by approval of at least all member entities minus one; and WHEREAS, the Authority Board has approved and initiated an amendment of Section 12.01 of the Authority IGA via resolution; and WHEREAS, Town of Avon hereby finds and determines that amendment of the IGA is appropriate and necessary for the operation of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby as follows: 1. Incorporation of Recitals. The Recitals above are incorporated herein and confirmed as providing support for amendment of the Authority IGA. 2. Approval of Amendment to Section 12.01. The Town of Avon hereby approves theamendment of Section 12.01 of the IGA to read as follows: Section 12.01. Amendments Generally. This Agreement, except as may be limited in this Article 12, may be amended only by a resolution approved by the Authority Board, which shall, before becoming effective, also be approved by a ATTACHMENT B Resolution Form – 2026 July 28, 2026 Page 2 of 2 majority affirmative vote of each of the Governing Bodies of all Members minus one. 3. Severability. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining provisions. 4. Effective Date. This Resolution shall take effect and be enforced immediately upon its approval. ADOPTED July, 28, 2026 by the AVON TOWN COUNCIL By: Attest:___________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk MEMORANDUM July 8, 2026 TO: Eagle Valley Transportation Authority Members FROM: Tanya Allen, Executive Director RE: Eagle Valley Transportation Authority Intergovernmental Agreement Amendment I am writing to inform you that Core Transit’s Board has formally initiated the process to amend the Intergovernmental Agreement (“IGA”) that established the Eagle Valley Transportation Authority. At its July 8th meeting, the Board adopted the enclosed Resolution initiating the amendment. The purpose is to address and resolve a potential area of ambiguity in the existing language. Specifically, the intent is to clarify that any amendment of the IGA requires approval of all member entities minus one, which was the intent of the members when drafting the IGA. At this time, there is no single substantive amendment being proposed; rather, this process is intended to ensure clarity, consistency, and shared understanding among all parties. As part of this effort, the Authority seeks to work collaboratively with each member entity to review and clarify the amendment provision of the IGA. I met individually with each member entity’s Manager/Executive Director to discuss the intent of this effort and to answer preliminary questions. We appreciate your engagement and input during those discussions. Enclosed with this letter, please find the following materials: •A copy of the Board Resolution initiating the IGA amendment process; and •A template Resolution for use by your governing body to formally approve participation inthe IGA amendment process.We respectfully request that your governing body review these materials and consideradoption of the enclosed template Resolution at an upcoming meeting. Your participation is an important step in ensuring a coordinated and efficient amendment process. If you have any questions or would like additional information, please do not hesitate to contact me. Thank you for your continued partnership and support of Core Transit. Sincerely, Tanya Allen Executive Director Eagle Valley Transportation Authority ATTACHMENT C (970) 748-4001 mjauregui@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: ACTION: Appointment of Designated Election Official and Approval of IGA – 2026 Eagle County Coordinated Election DATE: July 24, 2026 SUMMARY: The attached Intergovernmental Agreement (IGA) sets forth the administration and conduct of the November 3, 2026 Coordinated General Election. If Town Council approves the IGA, the ballot will include four (4) Town Council Member seats for election. The Town is not proposing any TABOR ballot issues or ballot questions for the 2026 election. Accordingly, the Town's ballot content is currently limited to the election of Council Members. The Town has timely provided notice to Eagle County of its intent to participate in the 2026 Coordinated Election in accordance with statutory requirements, including the 100-day notice deadline of July 24, 2026. The Town is also requesting to formally designate Miguel Jauregui Casanueva, Town Clerk, as the Town's Designated Election Official ("DEO") for purposes of the 2026 coordinated election. Pursuant to C.R.S. § 1-7-116(2), the signed IGA must be returned to Eagle County no later than 3:00 p.m. on August 25, 2026 (70 days prior to the election) in order to finalize participation and ensure inclusion in the coordinated election. BACKGROUND: The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder Becky Close. Miguel Jauregui Casanueva, Town Clerk, would serve as the Town's Designated Election Official and coordinate directly with the Eagle County Clerk and Recorder's Office to administer Avon's portion of the election, acting as the primary liaison between the Town and County. This arrangement is established in the IGA and is consistent with Avon Municipal Code Section 1.12.020. ANALYSIS: The IGA outlines the responsibilities and coordination between Eagle County and participating political subdivisions, including the following key elements: • Costs: Election costs are allocated on a prorated basis among participating jurisdictions based upon ballot content, number of eligible voters, and election services provided. The Town is responsible for its proportionate share of election costs, including ballot printing, staffing, voter services, and any recount or correction costs attributable to the Town. • Ballot Certification and Content Requirements: The Town is responsible for certifying all ballot content by the statutory deadline of September 4, 2026. For the 2026 coordinated election, the Town's ballot content consists of four (4) Town Council Member seats. No Town ballot issues or ballot questions are proposed for inclusion on the ballot. • TABOR Notice: Because the Town is not submitting any TABOR ballot issues or ballot questions in 2026, no Town TABOR notice is anticipated. Should any ballot measure be proposed before Page 2 of 2 applicable deadlines, the Town would be responsible for compliance with all TABOR notice requirements. • Voter Lists and Address Certification: The Town must review and certify its street locator report and jurisdictional address ranges to ensure election records accurately reflect Town boundaries and eligible electors. • Call, Notice, and Election Administration: The County Clerk is responsible for publication of election notices, ballot mailing, operation of voter service and polling centers, election staffing, vote tabulation, and election administration in accordance with the Uniform Election Code. • Cancellation: The Town must notify the County Clerk within applicable statutory deadlines if the election or any ballot content is canceled and remains responsible for costs incurred prior to cancellation. The agreement also includes supporting exhibits, including Appendix A (Election Calendar and Deadlines), Appendix B (Street Locator Report), Appendix C (Certification Affidavit), and Appendix D (Property Owner Ballot Procedures, if applicable). PROPOSED MOTION: “I move to appoint Miguel Jauregui Casanueva, Town Clerk, as the Town of Avon's Designated Election Official for the November 3, 2026 Coordinated General Election, approve the Eagle County Intergovernmental Agreement for the November 3, 2026 Coordinated Election, and authorize the Town Clerk to execute the agreement and any associated election certifications required under the IGA.” Thank you, Miguel Jauregui Casanueva ATTACHMENT A: Eagle County Intergovernmental Agreement for the November 3, 2026 Coordinated Election Eagle County 2026 General Election IGA Page 1 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and Town of Avon Concerning the Tuesday, November 3, 2026 General Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder (the “Clerk”) and Town of Avon concerning the Tuesday, November 3, 2026 General Election is made on _____________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the General Election, and in accordance with state law, will conduct the General Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the General Election to enter into an agreement with the Clerk concerning the conduct of the General Election, to be signed no later than seventy (70) days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate race(s) at the General Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the General Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A.Except as otherwise provided in this section, the Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”) which require action by the Coordinated Election Official. B.The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the governing body of the Political Subdivision Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA ATTACHMENT A Eagle County 2026 General Election IGA Page 2 from their official responsibilities for the conduct of the Election. C. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D. Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code, the Election Rules (“Election Rules”) promulgated by the Colorado Secretary of State, as may be amended from time to time; and any then-current policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2. The Clerk shall manage all voter registration records and correspondence. 3. The Clerk shall supply, deliver, and set up all voting equipment and other items necessary to conduct the Election. 4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). 6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the Vail Daily, and, as applicable, the Aspen Times, no later than twenty (20) days prior to the Election. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 3 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. B. Conduct of Election 1. The Clerk shall designate the proper number and locations of vote centers and 24-hour ballot boxes. All voting locations will be reasonably accessible to voters with disabilities. 2. The Clerk shall adhere to security requirements pursuant to Election Rule 20, including the security of physical ballots and video surveillance. 3. The Clerk shall provide for the processing of all ballots and verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes and UOCAVA ballot return affidavits. 4. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronically transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 5. The Clerk shall conduct the required post-election risk-limiting audit (RLA). 6. The Clerk shall conduct any mandatory or permissive recount. 7. The Clerk shall appoint the risk-limiting audit board members, coordinate the appointment of the canvass board members through local Democratic and Republican parties, conduct the risk-limiting audit and canvass, and certify the official results of the Election. 8. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 9. The Clerk shall preserve all election records relating to the Election for at least twenty-five months pursuant to 1-7-802 C.R.S. 10. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. C. Ballot Issue Notice (“TABOR Notice”) Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 4 1. The Clerk shall prepare and mail a combined TABOR Notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR Amendment”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the TABOR Notice not less than thirty (30) days prior to the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk shall determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where one or more registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison 1. The Political Subdivision has designated the “Designated Election Official” and Alternative Official (collectively, the “DEO”) identified herein to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice content. To meet statutory and printing deadlines, the DEO shall respond to all Election-related written correspondence, electronic correspondence, phone calls, text messages, or any other communication from the Clerk or Contact Officer as soon as possible and no later than four (4) hours from the time of delivery by the Clerk or Contact Officer. If the DEO cannot respond within four (4) hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence within four (4) hours shall constitute approval allowing the Clerk to move forward, at the Clerk’s discretion, with the action or inaction the Clerk deems appropriate under the circumstances. 2. DESIGNATED ELECTION OFFICIAL The Political Subdivision has designated________________________________________ whose mailing address is _____________________________________________________ and whose phone number is___________________________________________________ and whose cell phone number is _______________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its DEO for the purpose of the Election. 3. ALTERNATIVE OFFICIAL The Political Subdivision has designated________________________________________ Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 5 whose mailing address is _____________________________________________________ and whose phone number is___________________________________________________ and whose cell phone number is _______________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its alternative official for the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. The Political Subdivision shall deliver to the Clerk its completed Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by seventy (70) days before the election, no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 25, 2026. Address changes will not be allowed after this date. If the certification is not provided by the date specified herein, the Political Subdivision may not be allowed to participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. C. Ballot Content 1. Definitions of Ballot Issue and Ballot Question: a. TABOR “ballot issue” means a state or local government matter arising under the TABOR Amendment b. “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. 2. The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203 C.R.S: Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 6 a. The Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty (250) words in English (inclusive of the title) unless the Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot issues or ballot questions that will involve coordination with other counties beyond Eagle County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. b. The Political Subdivision shall not certify any single ballot issue or ballot question title in excess of ten (10) words in English unless the Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot issue or ballot question titles that will involve coordination with other counties beyond Eagle County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. c. Such certified ballot content and the signed resolution that authorizes the ballot content shall be delivered to the Clerk as an email attachment in Word format (see section C.3.h or full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday, September 4, 2026 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the Political Subdivision whose DEO issued and/or approved the incorrect certification. Such costs include but are not limited to staff time to reprogram election content, additional required logic and accuracy testing, reprinting of ballot and ballot materials, and staff time required to make corrections. e. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order, title, spelling, spacing, and punctuation. i. For candidates, specify the exact titles of offices, the order of the names to appear for each office, and the order of offices. ii. For issues, specify the ballot title and the order of the issues (per C.R.S., the Clerk determines specific numbering on the ballot). iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be typed in all uppercase as is dictated by law (i.e. TABOR Amendment). iv. If the Political Subdivision has a non-TABOR question on the ballot, the question must be typed in mixed case. v. Bullet points may be used, but sub-bullet points may not be used; spacing is at the discretion of the Clerk to accommodate proper ballot layout. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 7 vi. Ballot Issues or Questions vote choice must be formatted as follows: _____YES/FOR _____NO/AGAINST It is at the discretion of the Clerk to change the formatting on the ballot to match this formatting if it is not certified in this required format or if the formatting results in the ballot increasing in length, multiple sides, or multiple pages. The Clerk also has discretion to make non-substantive formatting changes, including but not limited to font, font size, and font case, in order to create consistency across ballot contests and measures. f. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize the printing of the ballots. From the time the Clerk delivers via email the ballot proof, the DEO or their designee has four (4) hours to proofread, correct, if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of its issue, question, or contest on the printed ballots. g. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions, and to determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact Officer in conformance with the following formatting requirements: i. Software: Microsoft Word '03 or later (not as a PDF) ii. Spacing: Single iii. Font Type: Arial Narrow iv. Font Size: 10 point v. Justification: Left vi. All Margins: 0.5 inches vii. Language: English viii. Delivery Medium: Email attachment to becky.close@eaglecounty.us and stacey.jones@eaglecounty.us Submissions not meeting these requirements may be rejected by the Clerk. i. Spanish language translation of the ballot content must be submitted by the Political Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 4, 2026. Spanish language translations must be linguistically accurate, culturally appropriate, and technically consistent with the original documents. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 8 j. The Political Subdivision must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exactly as certified for the ballot, on the voicemail of the Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 4, 2026 by 3:00 p.m. Mountain Standard Time (Appendix A). D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store, and prepare TABOR Notice content according to the provisions set forth in the TABOR Amendment and 1-7-901, 1-7-902, 1-7-903, 1-7- 904, and 1-7-908 C.R.S. 2. The Political Subdivision shall transmit via email the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries to the Clerk in order to be included in the TABOR Notice mailings no later than forty-three (43) days, Monday, September 21, 2026 by 3:00 p.m. Mountain Standard Time (Appendix A) before the Election, in final written form in accordance with the formatting requirements for ballot certification (see formatting requirements listed in section C.3.h). Submissions not meeting these requirements will be rejected by the Clerk. 3. The Clerk will coordinate Spanish translation of all TABOR Notice content if the Political Subdivision provides advanced notice by Friday, September 4, 2026 to the Clerk or Contact Officer that the Political Subdivision would like to engage with this service (and be invoiced for the Political Subdivision’s portion of the translation cost). If the Political Subdivision does not choose to coordinate with the Clerk, the Spanish translation of TABOR Notice content is required on Monday, September 21, 2026 by 3:00 p.m. Mountain Standard Time. In accordance with Secretary of State Election Rule 4.8.9(b)(1) (8 CCR 1505-1), Spanish language translations must be performed by a qualified interpreter or translator, linguistically accurate, culturally appropriate, and technically consistent with the original documents. 4. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 5. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the DEO or their designee has four (4) hours to proofread, correct, if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 9 constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. E. Cancellation of Election 1. If the Political Subdivision resolves to withdraw one or more ballot issues or ballot questions from the ballot, notice shall be provided to the Clerk immediately, but no later than twenty- five (25) days before the General Election pursuant to C.R.S. § 1-5-208(2), as amended. The Political Subdivision may only cancel its election only in the event that all applicable conditions of C.R.S. §§ 1-5-208 exist and have been met. 2. The Political Subdivision shall provide notice by publication of the timely cancellation of the Election and a copy of the notice shall be posted in the office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is solely responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing the services noted above to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk-limiting audit as requested by the Clerk. 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 10 5. The Political Subdivision shall follow the additional responsibilities in which non-resident property owners may be eligible to vote as set forth in Appendix D. IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation of election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, translation, printing, labeling, postage, and mailing of the TABOR Notice. Said expenses shall be prorated among all Political Subdivisions participating in the TABOR Notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether the Political Subdivision rescinds its intent to participate in the Election, withdraws any ballot questions or issues or cancels its election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or more candidate contests, ballot issues, or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not the political subdivision measures or candidates legally belong on the ballot and any other challenges, both pre-and post-election. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election (Appendix A). Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 11 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 26, 2027 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers, and employees, from any and all losses, costs, demands, or actions arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or ● immediately upon hand delivery to Becky Close, Clerk; or ● immediately upon receipt of confirmation that a fax or email was received. To Clerk: Becky Close Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 Fax: 888-816-1643 Email: becky.close@eaglecounty.us E. Time is of the Essence Per 1-7-116(2) C.R.S., this Agreement must be signed and returned to Becky Close, Clerk and Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 12 Recorder, seventy (70) days before the Election, Tuesday, August 25, 2026 (Appendix A). The statutory time requirements of the Election Code and Election Rules shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective this day: ___________ (Date) ________________________________________ Designated Election Official Date For Town of Avon (Political Subdivision) ________________________________________ Becky Close Date Eagle County Clerk and Recorder Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 13 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 3, 2026 GENERAL MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for reference. Dates in red and underlined are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines: ● Friday, July 24, 2026– 100 days prior - Last day for a political subdivision to notify the county clerk in writing that it has taken formal action to participate in the 2026 General Election. (100 days before the Coordinated Election). 1-7-116(5), 1-1-106(5) C.R.S. ● July 20-24, 2026 – IGAs will be mailed to participating entities. IGA will include address ranges that must be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure the particular property owner list. ● Tuesday, August 25, 2026, by 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the election must return signed IGAs to the Clerk. Political Subdivisions must verify and certify that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify to the Clerk (Appendix C). The deadline is 3:00 p.m. Address changes will not be made after this date. Please submit sooner if possible. 1-7-116(2) C.R.S. ● Friday, September 4, 2026, by 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify the ballot order and content in English and Spanish and provide audio recordings of candidate names to the Clerk. The deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S. ● Tuesday, September 8, 2026 – Last day for Political Subdivisions with property owner ballots to certify the revised Assessor’s property owner list to the Clerk. Please submit sooner if possible. ● Week of September 14, 2026 – Equipment and Logic and Accuracy Testing ● Monday, September 14, 2026 – Deadline for Political Subdivisions with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk. ● Friday, September 18, 2026, by noon MST – Last day for voters to file pro/con comments pertaining to local ballot issues with the political subdivision DEO (not the Clerk & Recorder) in order to be included in the ballot issue notice. (By noon the Friday before the 45th day before the election). Art. X, Sect. 20(3)(b)(v) 1-7- 901(4) C.R.S. ● Saturday, September 19, 2026 – 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). 1-8.3-110(1) C.R.S., Rule 16 ● Monday, September 21, 2026, by 3:00 p.m. MST – 43 days prior - Political Subdivisions shall deliver the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries in English and Spanish to the Clerk to be included in the TABOR Notice mailing. 1-7-904 C.R.S. ● Friday, October 2, 2026 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado Constitution Article X, Section 20(3)(b), 1-1-106(5) and 1-7-907 C.R.S. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 14 Appendix A continued on next page Appendix A – Continued CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 3, 2026 GENERAL MAIL BALLOT ELECTION ● Friday, October 9, 2026 – Ballots may begin to be mailed, except for UOCAVA voters. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. 1-7.5-107(3)(a)(I) C.R.S., Rule 7.2.3 ● Wednesday, October 14, 2026 – Property Owner Ballot Entities Only - Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office. ● Friday, October 16, 2026, by 10 a.m. MST - Property Owner Ballot Entities Only - Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk. Please submit sooner if possible. ● Monday, October 19, 2026 – Avon, Eagle, and El Jebel vote centers open. 1-5-102.9(2) C.R.S., Rule 7.8.1 ● Monday, October 26, 2026 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date, voters may pick up ballots in person at any vote center. 1-2-201(3)(b)(III) C.R.S. ● Tuesday, November 3, 2026 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted. ● Wednesday, November 25, 2026– Deadline to certify election results. Official results will be forwarded to Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S. ● Monday, February 1, 2027 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of the election as well as any recount costs. ● Friday, February 26, 2027 – Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 15 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 3, 2026 GENERAL MAIL BALLOT ELECTION Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 16 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 3, 2026 GENERAL MAIL BALLOT ELECTION I, Miguel Jauregui Casanueva, as Designated Election Official for Town of Avon, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, any inaccuracies have been noted and corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. Designated Election Official Signature Date for Town of Avon. (Name of Political Subdivision) Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 17 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which property owners and their spouse or civil union partners who are not Eagle County residents but are registered electors in the State of Colorado may be eligible to vote. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1- 103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. The property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision A. Street Locator Report 1. Review the Street Locator Report provided by the Clerk’s office (Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 25, 2026, seventy (70) days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 18 accuracy of this report. B. Property Owner and Overseas and Military Voter Lists Establish the Baseline Lists Secure the following four initial data sets: • List A: Political Subdivision Property Owner list from the Eagle County Assessor’s Office. • List B: Registered voters within the Political Subdivision from the County Clerk. • List C: Statewide registered voters from the Colorado Secretary of State website. • List D: Colorado Statewide Overseas and Military Voter (UOCAVA) list from the County Clerk. First Certification (Due Sept 14, 2026) Step 1: Filter and Verify and Deduplicate the Property Owner List 1. Filter Entities: Remove all non-human property owners (e.g., trusts, LLCs, corporations) from the Assessor’s list (List A). 2. Verify State Registration: Cross-reference this filtered List A with the Statewide voter list (List C) to identify and remove owners not registered to vote in Colorado. For all remaining voters on the list, ensure you include their Colorado Voter ID. 3. Deduplicate Local Voters: Remove any property owners who are already on the local registered voters list (List B). Reason: These voters will already be automatically mailed a ballot containing this ballot measure and should not receive a separate ballot. Step 2: Identify Overseas and Military (UOCAVA) Voters 1. Cross-reference the newly vetted property owner list with the Statewide UOCAVA list (List D) to identify property owners who are also overseas or military voters. First Deadline and Action Item • Deadline: Monday, September 14, 2026 • Action: Certify and submit two distinct lists to the County Clerk in Excel format: 1. The eligible standard property owner list (which excludes non-human entities, non- registered voters and UOCAVA voters), including Colorado Voter IDs (this list is the result of Step 1). 2. The eligible UOCAVA property owners list (this list is the result of Step 2). • Note: This deadline is critical because UOCAVA ballots must be legally mailed out 45 days before the election, by Saturday, September 19, 2026. Supplemental List Certification (Due October 16, 2026) As the election approaches, you must account for recent property transfers. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA Eagle County 2026 General Election IGA Page 19 Step 1: Secure the Supplemental Data • Wednesday, October 14, 2026 (20 days before election): Secure the supplemental Property Owner list from the Eagle County Assessor's Office. • Criteria: This list must include all recorded owners who acquired property no later than Monday, October 12, 2026 (22 days prior to the election). Step 2: Filter and Revise • Apply the same filtering rules as above: remove non-human entities and isolate any new UOCAVA property owners. Final Deadline and Action Item • Deadline: Friday, October 16, 2026, by 10:00 a.m. MST (Submit sooner if possible) • Action: Certify and submit the revised supplemental Assessor’s list (including new property owners and new UOCAVA property owners, while excluding non-human entities and previously identified UOCAVA voters) in Excel format to the County Clerk. Important Reminder: The Political Subdivision holds ultimate responsibility for the accuracy of these certified lists. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. Prepare and send property owner ballots to the individuals the DEO has confirmed are eligible electors entitled to vote on the applicable contest or measure. 3. Record each property owner ballot returned and signature verified. 4. Process ballots at central count. 5. Tabulate and certify results. Docusign Envelope ID: 434A9621-580C-8CFF-81AD-B626154BFBEA 970-748-4078 KFraser@Avon.org Page 1 of 3 TO: Honorable Mayor Underwood and Council members FROM: Keith “Swaz” Fraser, Project Engineer RE: Notice of Award: Construction of W Beaver Creek Blvd Bridge Rehabilitation DATE: July 28, 2026 SUMMARY: This report requests Council authorization to issue a Notice of Award (NOA) for a Contract to Construct the West Beaver Creek Blvd Bridge Rehabilitation Project to Hallmark Incorporated of Wheat Ridge, CO for $ 848,885.90. Funding is mostly provided by a Colorado Department of Transportation (CDOT) grant, as approved in the Town’s Capital Improvement Budget for 2026. Construction is scheduled for August-October 2026. LOCATION PLAN BACKGROUND: The Colorado Department of Transportation (CDOT) Off-System Bridge Program (BRO) funds major structure replacement or major rehabilitation off-system structures selected as “Poor” or “Fair” by the Special Highway Committee. Selected projects require a minimum 20% fund match. In 2022, the Town of Avon was awarded $ 348,397 for the rehabilitation of the two-lane West Beaver Creek Blvd Bridge (WBCB), which crosses the Eagle River just south of Avon Elementary School. In 2025, this Award was increased to $ 895,302 to include all Design, Construction, Environmental and Utilities phasing. The Design phase was completed in March of this year. PROJECT SCOPE: The Construction Contract covers all rehabilitation work including removal and repair of damaged concrete deck sections, placement of polyester concrete thin bonded overlay, replacement of pedestrian rail, adding bikeway rail, repair of traffic rail and abutment spalls, sealing joints, retrofitting light pole connections, asphalt paving of approaches, and roadway restriping. 970-748-4078 KFraser@Avon.org Page 2 of 3 REHABILITATION PLAN- BRIDGE DECK The project also includes minor drainage improvements: replacing the curb and gutter on the southeast part of the approach road. Construction period is estimated to be 9-10 weeks this summer with a final completion date anticipated in October 2026. SELECTION PROCESS: The Town solicited a formal invitation for bids to construct the repairs to the bridge via BidNet Direct in April, 2026. Three compliant bids were received. Following a bid compliance check and overall rate variation analysis, bid results were published: ABCO Contracting Inc $ 865,215.00 Hallmark, Inc $ 848,885.90 Myers & Sons, LLC $ 1,177,250.60 Our Design Consultant’s (SGM) opinion of probable cost was $ 902,997.50. 970-748-4078 KFraser@Avon.org Page 3 of 3 The apparent lowest bidder’s (Hallmark) rates were analyzed for variation, and they were asked to provide justification for any significantly unbalanced rates. Their response was satisfactory. FINANCIAL CONSIDERATIONS: The approved Capital Improvement Program (CIP) amount for this Project including the BRO award is $1,119,128. CDOT Grant: $ 895,302 Local Match Required: $ 223,826 Total Funding Available: $ 1,119,128 The estimated current project cost is: Design Contract $ 84,087 Construction Contract $ 848,886 Construction Management Contract $ 96,942 Contingency (+/-10%) $ 87,085 Total $ 1,117,000 Project funding adjustments to allow residual award funds to be held as contingency during the construction phase are currently in progress with CDOT. RECOMMENDATION: I recommend Council approve the award of a construction contract for the West Beaver Creek Blvd Bridge Rehabilitation Project to Hallmark Inc of Wheat Ridge, Colorado for $848,885.90. PROPOSED MOTION: “I move to approve the award of the Contract Agreement between Hallmark Incorporated and the Town of Avon for the Construction of the West Beaver Creek Blvd Bridge Rehabilitation Project.” Thank you, Swaz 970-390-2014 ewilson@avon.org Page 1 of 4 TO: Honorable Mayor Underwood and Council members FROM: Eva Wilson, Director of Engineering RE: Notice of Award – Rec Center Aquatics Renovation - Design DATE: July 16, 2026 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the design of the Avon Recreation Center (“Rec Center”) Aquatics Renovation Project, as approved in the Town of Avon 2026 Capital Projects Fund, to Ohlson Lavoie Corporation (“OLC”) in the amount of $301,071. The project will address critical end-of-life aquatics infrastructure, including replacement of the pool deck, waterslide, hot tub, and associated mechanical, electrical, and plumbing systems, while expanding and modernizing the aquatics facility to better meet community needs. Avon Rec Center Location Map Following the termination of the Town's design-build contract with A.D. Miller, Inc. in April 2026, staff recommends retaining OLC, the project's original design consultant, as the most efficient path forward by preserving completed design work and maintaining continuity. The proposed agreement has been reviewed and approved by the Town Attorney and includes final design, construction documents, bidding support, and construction administration services. Staff plans to procure a Construction Manager/General Contractor (CMGC) through an RFQ/P process. The project will be delivered using the CMGC method to provide preconstruction services during final design, improve cost certainty, and reduce risks associated with renovating a nearly 30-year-old aquatic Page 2 of 4 facility. In addition, Staff plans to procure an Owner’s Representative (Owner’s Rep) with experience in aquatic renovation to advocate for the Town throughout the project. The current total project budget in the Capital Improvement Program (CIP) is $8.4 million, with $577,833 in expenses to date. Design is anticipated to be completed by November 2026, with the CMGC selected by September 2026 and construction planned from mid-April through October 2027. BACKGROUND: The Avon Rec Center was constructed in 1995 and requires major maintenance and repairs. As part of the 2023 La Zona Design Concepts initiative, the Town evaluated future Rec Center expansion alongside redevelopment of the 351 Benchmark property and extension of the Main Street Mall, recognizing the interconnected impacts on site planning, parking, and pedestrian connectivity. Extensive public outreach identified key Rec Center priorities, including expanded fitness and studio spaces, improved lobby and office areas, upgrades to aquatics infrastructure, and a new hot tub. The Town has since completed several facility improvements in-house, including enhancements to the lobby, staff break room, and office space. The existing hot tub has operated with limited functionality since a significant plumbing leak was discovered in 2021, as permanent repairs would require major excavation of the pool deck. Additionally, the Rec Center's 30-year-old waterslide has reached the end of its service life and no longer complies with current aquatics industry safety and operating standards, necessitating replacement as part of future facility improvements. In early 2025, the Town retained A.D. Miller, Inc. to provide design-build services for renovation of the Avon Rec Center aquatics facilities, addressing numerous major components that have reached the end of their useful life after nearly 30 years of service, including pumps, filtration, electrical and heating systems, the waterslide, and the hot tub. During 2025, the project scope was refined to align with the Town’s Capital Improvement Program budget, with preliminary cost estimates increasing from approximately $5-6 million to $7.6 million by November 2025. In response, the Town budgeted $8.4 million for the project to cover design and construction costs, with General Fund Reserves supplementing available Capital Improvement Projects Fund resources. The Rec Center Aquatics Renovation Project was paused on March 24, 2026, after the Town received an intermediate Guaranteed Maximum Price that exceeded expectations. The design-build contract with A.D. Miller, Inc. was subsequently terminated on April 9, 2026. The design is approximately 60% complete. PROJECT: The project will renovate and modernize the Avon Rec Center aquatics facility through replacement of the existing pool deck, coping, and drainage systems; removal and replacement of the aging waterslide and stair structure; modifications to the leisure pools and associated aquatic features; expansion and modification of the lap pool; construction of a new aquatics facility expansion and outdoor patio on the southwest corner of the building; and relocation of the hot tub into the new addition with construction of a new spa facility. The project also includes all necessary civil, structural, mechanical, HVAC, plumbing, and electrical improvements required to support the upgraded aquatics amenities and ensure long-term functionality, safety, and code compliance. Page 3 of 4 Rec Center Aquatics Renovation - Concept Plan Construction Delivery Method: Staff intends to deliver the Rec Center Aquatics Renovation Project using the Construction Manager/General Contractor (CMGC) method. Under CMGC, the Town will complete the project design with its design consultants and, during the design phase, procure a construction manager to provide constructability reviews, cost estimating, scheduling, value engineering, and risk mitigation services. Once design is sufficiently advanced, the CMGC will negotiate a Guaranteed Maximum Price (GMP) with the Town for construction. This delivery method promotes collaboration between the designer and contractor, improves cost certainty, identifies potential construction challenges early, and can reduce project risks on complex renovation projects where existing conditions and phasing requirements are significant considerations. • Design Architect: Staff recommends continuing the design with OLC, the aquatics design consultant originally retained by A.D. Miller as part of the design-build team. OLC has been the lead architect and aquatics designer for the project since its inception and is familiar with the project goals, existing facility conditions, stakeholder input, and completed design work. Retaining OLC allows the Town to preserve design continuity, avoid unnecessary redesign efforts, and efficiently advance the project toward completion while leveraging the consultant's specialized expertise in recreation and aquatic facility design. • Construction Manager/General Contractor (CMGC): Staff intends to procure CMGC services through a Qualifications and Proposal (RFQ/P) process. A selection committee will evaluate submitted qualifications, conduct interviews, and rank firms based on experience, project approach, qualifications of key personnel, and overall value to the Town. Staff will invite two Town Council Members to participate on the CMGC selection committee alongside Town staff and technical representatives. Following the selection Page 4 of 4 process, the Town will negotiate a CMGC agreement with the highest-ranked firm to provide preconstruction services and, if negotiations are successful, construction services for the project. • Owner’s Representative: Staff plans to procure an Owner’s Rep to advocate for the Town throughout the project, providing independent oversight to help ensure the project is constructed in accordance with the plans, specifications, schedule, and quality expectations. Schedule: Design is anticipated to be completed by November 2026, with the Construction Manager/General Contractor (CMGC) expected to be selected by September 2026 to support preconstruction services during the final design phase. Construction is currently planned to occur between mid-April 2027 and the end of October 2027. FINANCIAL CONSIDERATIONS: $8,405,000 was approved in the 2026 Capital Improvement Plan. Current expenses: 2024 Preliminary Engineering I: $ 39,000 2025 Preliminary Engineering II: $ 16,500 2026 Site Investigations: $ 19,091 2026 AD Miller Design Build (60% Designed): $ 503,242 Total expenses to date: $ 577,833 New effort: Design & Construction Administration (OLC) $ 301,071 Contingency (5%) $ 15,054 Total Design Cost: $ 316,125 RECOMMENDATION: I recommend Council approve the Notice of Award for the design of the Recreation Center Aquatics Renovation Project to Ohlson Lavoie Corporation in the amount of $301,071. PROPOSED MOTION: “I move to approve the Notice of Award for the design of the Recreation Center Aquatics Renovation Project to Ohlson Lavoie Corporation in the amount of $301,071. Thank you, Eva 970-748-4029 kferrell@avon.org Page 1 of 2 TO: Honorable Mayor Underwood and Council members FROM: Keith Ferrell, Senior Engineer RE: Notice of Award – Lettuce Patch Bus Stop DATE: July 16, 2026 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the Lettuce Patch Bus Stop project, as approved in the Town of Avon 2026 Capital Projects Fund, and to increase the project budget from $150,000 to $673,452.38, an increase of $523,452.38. In addition to scope clarification during design, the proposed budget increase reflects an expanded project scope that includes street lighting, landscaping, irrigation improvements, and relocation of an existing irrigation main. The Vail Valley Foundation is contributing $103,388.60 toward street lighting costs and $32,417.18 toward construction of public sidewalks, for a total contribution of $135,805.78. The project will construct a bus pull-off, bus shelter, street lighting, relocated irrigation infrastructure, and sidewalks on both sides of the shelter. These improvements will enhance transit access, pedestrian safety, ADA accessibility, mobility, and connectivity while supporting the Town's sustainability goals. Construction is anticipated to begin in August 2026 and be completed by November 2026. Bus Stop Location Map PROJECT: The project will construct a new bus stop adjacent to the Lettuce Patch Childcare Center. Improvements include a bus pull-off, bus shelter, street lighting, relocation of an existing irrigation main, and sidewalks on both sides of the shelter. The project will improve transit access, pedestrian safety, ADA accessibility, mobility, connectivity, and sustainability. Lettuce Patch Bus Stop Page 2 of 2 Selection Process: Staff initially solicited a bid from RA Nelson because the contractor was already on site constructing the Vail Valley Foundation Childcare Center. RA Nelson submitted a bid of $643,139.65. Because the bid was higher than the Engineer's estimate, staff subsequently solicited bids from MacAllister Construction, Millender White, Scott Green Excavating, and Tri-Phase Electric in May 2026. MacAllister Construction submitted the lowest responsive and responsible bid in the amount of $588,816.55. The firm is currently completing the East Nottingham Park Improvements project for the Town. Construction Schedule: Construction is anticipated to occur between August and November 2026. FINANCIAL CONSIDERATIONS: The project is included in the 2026 Capital Improvement Program with an approved budget of $150,000. The proposed budget increase is primarily attributable to expanded project scope, including street lighting, landscaping, and irrigation improvements. The Vail Valley Foundation will contribute $103,388.60 toward the street lighting costs and $32,417.18 toward sidewalks within the public right-of-way, for a total contribution of $135,805.78. Current CIP Budget: $150,000 Total Project Cost: Design (Stolfus and Associates) $ 55,195.00 Construction $ 588,816.55 Contingency (5%) $ 29,440.83 Total Project Cost: $ 673,452.38 Vail Valley Foundation Contribution: $ 135,805.78 Town of Avon Contribution: $ 537,646.60 RECOMMENDATION: I recommend Council approve the Notice of Award for the construction of the Lettuce Patch Bus Stop to MacAllister Construction in the amount of $588,816.55. PROPOSED MOTION: “I move to approve the Notice of Award for the construction of the Lettuce Patch Bus Stop to MacAllister Construction in the amount of $588,816.55. “ Thank you, Keith 970-390-2014 ewilson@avon.org Page 1 of 2 TO: Honorable Mayor Underwood and Council members FROM: Eva Wilson, Director of Engineering RE: Notice of Award – Heat Recovery System Expansion - Design DATE: July 16, 2026 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the design of the Heat Recovery System ("HRS") Expansion in the amount of $99,817. The project will expand the HRS to serve the Lot B development (“The Summit”) and extend the system north to West Beaver Creek Boulevard in preparation for the future Sun Road Redevelopment. As part of its development obligations, The Summit will construct the HRS expansion improvements in lieu of paying the Exterior Energy Offset Program (EEOP) Fee, which is assessed on developments with exterior energy uses such as outdoor pools, fireplaces, and snowmelt systems. The original HRS design engineer will provide design services, ensuring continuity and familiarity with the existing system. Design is anticipated to be completed by November 2026. Heat Recovery System Location Map BACKGROUND: The HRS was constructed in 2010 and utilizes thermal energy from treated wastewater effluent at the Avon Wastewater Treatment Facility ("WWTF") to heat the Avon Recreation Center swimming pools. The project included construction of two equipment buildings and installation of heat pumps, water pumps, heat exchangers, control valves, process piping, and computerized controls. Thermal energy is transferred between the WWTF and Recreation Center through an insulated piping loop installed beneath Harry A. Nottingham Park. In 2017, the HRS was expanded to serve the new Avon Town Hall. Under the Development Agreement for The Summit, the developer will construct the HRS expansion improvements in lieu of paying the EEOP Fee, which is assessed on developments with exterior energy uses such as outdoor pools, fireplaces, and snowmelt systems. The proposed expansion will extend the HRS to serve The Summit and provide capacity for future extension to West Beaver Creek Boulevard in support of the Sun Road Redevelopment. Page 2 of 2 PROJECT: Based on the May 2026 HRS Expansion Feasibility Study, the existing system has sufficient capacity to serve The Summit parking garage and the Lot 3 swimming pools. The design will extend the HRS distribution system from the existing Heat Distribution Building to The Summit and provide infrastructure for future expansion. New loop piping will be connected to two existing blind-flange stubs within the Heat Distribution Building and extended below grade to the east. Additional design elements will include the distribution piping, controls, and appurtenances necessary to serve the new customers and facilitate future system expansion. Staff recommends retaining the original HRS design engineers for this work due to their familiarity with the existing system and prior design experience. Design is anticipated to be completed by November 2026. Proposed HRS Expansion FINANCIAL CONSIDERATIONS: This new project Design $ 99,817 Contingency (10%) $ 9,982 Total Project Cost: $ 109,799 RECOMMENDATION: I recommend Council approve the Notice of Award for the design of Heat Recovery System Expansion to CDM Smith in the amount of $99,817. PROPOSED MOTION: “I move to approve the Notice of Award for the design of Heat Recovery System Expansion to CDM Smith in the amount of $99,817.“ Thank you, Eva (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Chief Greg Daly RE: Camera Technology Used in Avon DATE: July 28, 2026 SUMMARY: The Avon Police Department uses several public safety technologies and tools to deter crime, support investigations, improve traffic safety, and enhance officer response. These tools include Flock Safety Automated License Plate Reader (“ALPR”) cameras, Flock Safety fixed security cameras, DACRA Tech/TAPCO speed safety cameras, Axon in-car camera systems with license plate recognition capability, and Flock OS911 live dispatch audio. A recent social media post requesting any information related to the felony vandalism and theft received a large volume of public comments, many of which expressed concern about public surveillance with cameras. This report provides an overview and background on camera technology use in Avon. BACKGROUND: The Town of Avon has invested in public safety camera technology over the last several years to improve roadway safety, deter crime, protect public property, and assist officers and investigators when incidents occur. These investments include ALPR cameras at key entrances into Town, speed safety cameras at identified high-risk locations, fixed security cameras at public facilities and recreation areas, and in-car camera systems in Avon Police patrol vehicles. RECENT VANDALISM AND THEFT INCIDENTS: During the early morning hours of Saturday, July 18, between approximately 3:00 a.m. and 5:00 a.m., several felony vandalism and theft incidents occurred involving Town public safety camera equipment. A southbound Avon Road speed safety camera pole was cut down and the camera was stolen; a northbound Avon Road speed safety camera pole was cut nearly through and had to be removed by Public Operations for safety; and an ALPR camera mounted on a Town-owned light pole at Stonebridge Drive and U.S. Highway 6 was cut down and stolen. The estimated cost of vandalism, theft, replacement, labor, and recalibration now exceeds $76,000. The Avon Police Department is actively investigating these felony crimes. PUBLIC AND SOCIAL MEDIA RESPONSE: The Avon Police Department posted a public request for information regarding vandalism and theft as part of standard investigative practice. That post was later shared by a national page opposed to license plate reader technology, which generated significant online attention and thousands of comments, many from outside Colorado or from automated accounts. There were many local comments through Eagle County Classifieds. PUBLIC SAFETY CAMERA TECHNOLOGIES: The Police Department uses several distinct technologies, each with a specific public safety purpose: •Flock Safety ALPR Cameras: Avon’s ALPR cameras are located at key entrances into Town fromInterstate 70 and U.S. Highway 6. They are used to identify vehicles associated with public safetyconcerns, including stolen vehicles or plates, AMBER Alerts, Silver Alerts, missing or endangeredpersons, wanted individuals, and criminal investigations. Officers verify any alert through the VailPublic Safety Communications Center before enforcement action is taken Page 2 of 4 •Speed Safety Cameras: Supplied through DACRA Tech, LLC. and Traffic Logix, a TAPCO brand,these cameras photograph only the rear of a vehicle when it is traveling 11 mph or more above theposted speed limit. Violations are civil citations mailed to the registered owner, carry a $40 fine,and do not assess driver’s license points. •Town Security Cameras: Fixed security cameras are deployed at several public facilities andrecreation areas, including the Eagle County/Town of Avon Recycling Center, Avon Station transitcenter, Nottingham Lake south pedestrian pathway, and the pickleball, basketball, and tenniscourts. These cameras deter vandalism, protect public property, and assist investigators whencrimes occur. •Axon In-Car Camera Systems: Avon Police patrol vehicles are equipped with dashboard videoand audio recording systems that include license plate recognition capability. Officers verify anyalert through the Vail Public Safety Communications Center before enforcement action is taken. •Flock OS911: This non-camera software allows officers to hear live incoming 911 calls on their incar computer so they can respond more quickly to in-progress fire, medical, and law enforcementemergencies. INVESTIGATIVE VALUE: Recent incidents demonstrate that camera systems are most effective when used as an integrated network. Fixed security cameras can provide detailed imagery of an incident, while ALPR cameras help investigators identify vehicle movements before or after a crime. Together, these systems improve the likelihood of identifying suspects, locating witnesses, establishing timelines, and resolving cases more efficiently. Flock ALPR cameras have assisted with 104 operational investigations, 24 documented arrests and 11 recovered stolen vehicles since early 2024. PRIVACY SAFEGUARDS: The Avon Police Department recognizes the importance of balancing public safety with individual privacy rights. ALPR data is automatically deleted after 30 days; searches require a case or event number and a documented law enforcement purpose; data is owned and controlled by Avon; searches are logged, reviewed, and audited; and information is shared only in accordance with Colorado law and department policy. The department does not share ALPR information with Immigration and Customs Enforcement (ICE), does not share ALPR data with federal agencies, and does not share ALPR information with law enforcement agencies outside Colorado. The Avon Police Department has a policy General Order 974 regarding ALPR use and specifies that “The ALPR system uses CCIC permissions and is for official use only; any misuse is subject to corrective and/or disciplinary actions.” Speed safety cameras photograph only the rear of a vehicle and its license plate when the speed violation threshold is met. Town security camera footage is retained for 30 days. The security camera system includes an AI search tool that can locate general characteristics, such as clothing color or a backpack, within recorded video; it does not perform facial recognition. The Police Department does not use these systems to monitor the daily movements of law-abiding residents or visitors. SPEED SAFETY CAMERAS: The 2025 traffic speed study identified significant excessive speeding in several areas, including Avon Road, U.S. Highway 6 between Avon Road and Stonebridge Drive, West Beaver Creek Boulevard near Avon Elementary School, and Nottingham Road. Prior to implementation, the study found more than 1,700 motorists traveling 10 mph or more above the posted speed limit per day. Since the speed safety cameras became operational in November 2025, violations have declined to approximately 55 vehicles per day, representing an estimated 96% reduction. Page 3 of 4 FINANCIAL CONSIDERATIONS: Current Flock Contracts Falcon License Plate Reader Cameras Contract 00020828 •8 Falcon ALPR cameras •Three-year renewal •30-day rolling data retention •$2,500 per camera annually ($20,000 total) •Contract executed August 3, 2023 – August 2, 2026 Additional US Highway 6 ALPR Cameras Contract 00042492 •4 Falcon ALPR cameras on US Hwy 6 •24-month renewal •30-day rolling data retention •$3,000 per camera annually ($12,000 total) •Contract term, May 17,2025 through May 16, 2027 Flock OS 911 Contract 00054726 •911 integration platform – ability to listen to live incoming 911 calls to the dispatch center an arriveon scene before the call is dispatch to police or fire. •Annual renewal •30-day data retention •$9,000 annually •Contract executed January 13, 2025, renewed January 14, 2026, to January 13, 2027 Flock Live Safety Cameras Contract 00046644 •8 Condor PTZ cameras with LTE service and 2 solar Condor PTZ cameras •24-month renewal •30-day rolling video retention •$28,000 annually (6 x $3000 and 2 x $5000) Page 4 of 4 •Contract executed June 4, 2025, term December 13, 2025, through December 12, 2027 TOWN MANAGER COMMENTS: I have worked closely with Chief Daly and the Avon Police Department to understand all operations, growing demands for service in Avon, and emerging technologies that can support more effective and efficient public safety services for the Avon community. In my opinion, there would be no need for Flock cameras if Avon was not situated on I-70; however, my experience with Avon law enforcement and my prior experience serving as Silverthorne’s town attorney in the late 1990’s have impressed upon me that communities on I-70 have a greater frequency of violent felons, drug trafficking, vehicle theft, etc. which are often felons at large fleeing the Denver metro area and heading west. Chief Daly and I are also aware of the on-going nationwide debate on the use of ALPR cameras and privacy. Federal courts have upheld the constitutionality of ALPR cameras as recently as January, 2026, in the Schmidt v. City of Norfolk US District Court case. The Flock ALPR cameras are very effective at identifying vehicles which have a law enforcement lookout or bulletin posted. There is not a substitute which is functionally similar to ALPR cameras. I am confident that Avon Police Department is not conducting any general or targeted civilian surveillance by any means and certainly any such surveillance would be inappropriate and subject to disciplinary action. Thank you, Chief Greg Daly ATTACHMENT A: Public Comments received about Flock Cameras ATTACHMENT A: PUBLIC COMMENTS FLOCK CAMERAS From:@gmail.com @gmail.com> Sent: Thursday, July 23, 2026 10:52 AM To: Council Everyone Group <council@avon.org> Subject: Flock Camera Concern Avon Council. I have been living in Avon/Edwards for 9 years. I am a full time local. I disprove of Flock Cameras anywhere in the Valley. Yes, they might save one cartel child from being kidnapped or be able to track a murder coming through from the front range. It has also stopped speeding by 95%. Great, that is in 2026. Now imagine 10 years from now, AI improving to a point our imaginations can’t grasp in 2026. The surveillance will only tighten and breach any privacy that we have as citizens. Have any of you been to the UK? It just keeps getting worse. I am concerned about the Flock kickbacks to the council and the town of Avon. Nothing is for free; the data is the valuable part. There is national push back on this issue. That doesn’t happen with out reason. Please consider this my vote to take down all Flock Cameras in the Valley. If you don’t true Americans will keep on destroying them, when caught will be considered heroes. Just like in the UK. Please do better. Regards, Bryan Young ATTACHMENT A: PUBLIC COMMENTS FLOCK CAMERAS From: Alison Viau <@gmail.com> Sent: Thursday, July 23, 2026 11:37 AM To: Council Everyone Group <council@avon.org> Subject: Flock cameras Hello! I was told by a town of Avon employee that I was welcome to submit feedback via email or in person about Flock cameras. Thank you for being willing to accept feedback from locals. I am a 7 year resident of Gypsum and like many, come to Avon for concerts, shopping, skiing, and other events where I spend money. I will choose to stop coming to Avon if Flock cameras remain or increase. Our small town and county does not need this type of surveillance. This is an expensive way for the town to betray people's trust and participate in unethical data gathering and usage. I do not believe our town and county benefit in any way from these devices and I sincerely hope that you are able to consider the words of the hardworking locals who help keep the Avon tourist industry humming. Avon is already my least favorite place to go because of how inhospitable the parking situation is, but this really crosses a line for so many reasons. Flock cameras are bad for our community, bad for locals, and bad for the environment. Feel free to call or respond to this email to verify that I am a local human person if needed. Cheers, Alison Viau . (303) ATTACHMENT A: PUBLIC COMMENTS FLOCK CAMERAS From: Thomas Martin @gmail.com> Sent: Thursday, July 23, 2026 11:57 AM To: Council Everyone Group <council@avon.org> Subject: Flock cameras I heard you thought only tourists and “people on the internet” were against the flock cameras. Well I live in Avon and I think they should be taken down and stay down, and that should be fired. November 3, 2026 General Election Updates Presented By: Miguel Jauregui Casanueva, Town Clerk November 3, 2026 General Election Updates July 28, 2026 General Election Overview ●Election Day: Tuesday, November 3, 2026 ●Administration: General Election administered by the Eagle County Clerk and Recorder ●Election Type: Conducted as a Coordinated Election (mail ballot may include federal, state, local, and special district contests) ●IGA Participation: Intergovernmental Agreement for Municipal Election Participation (due August 25, 2026) ●Voter Service & Polling Center: Eagle County Commons (410 Miller Ranch Road, Edwards, CO) ●Town of Avon Website for Election Information: www.avon.org/elections ●Colorado Secretary State Website for Voter Registration: Colorado Secretary of State -(coloradosos.gov) Municipal Candidate Election Overview ●Nomination Petition Circulation: August 5 –August 25, 2026 ●Eligibility Requirements: -Must be 18 years of age; -citizen of the United States; -qualified elector; -and a Town resident for at least one (1) year preceding the election ●Campaign Finance Reporting Requirements (Avon Municipal Code Chapter 1.14: Four (4) reporting periods, including:October 20, 2026 (15 days prior); October 27, 2026 (8 days prior); October 30, 2026 (Friday before Election Day); and December 8, 2026 (30-day post-election report) Election Calendar Overview –Important Dates ●July 29, 2026: Election launch / Candidate Nomination Packet Available ●August 5 –August 25, 2026: Nomination Petition Circulation Timeframe ●August 25, 2026: Coordinated Election IGA due to Eagle County Clerk ●September 2, 2026: Ballot Order Drawing (Conducted by lot by Judge Buck Allen) ●September 4, 2026: Certify Final Ballot to County Clerk ●September 15, 2026: Candidate Information Session with Town Manager ●October 2, 2026: Eagle County Clerk mails TABOR Notices ●October 9, 2026: Eagle County Clerk Begins mailing Ballots ●October 19, 2026: Voter Service and Polling Centers Open ●November 3, 2026: Election Day (Ballots must be received by 7:00 p.m.) ●November 25, 2026: Final Canvass / Certification of Election Results ●December 8, 2026: Swearing-In of New Council Members 24-hour secure ballot drop box available outside Avon Town Hall 100 Mikaela Way -open through 7:00 p.m. on Election Day Thank You –Go Vote! Vote Center: Eagle County Commons Building 410 Miller Ranch Road, Edwards, CO Oct. 27 –Nov. 3 (8:00 am –5:00 pm) Nov. 4 (7:00 am –7:00 pm) _______________________________________________________________________________ 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. 1 AVON URBAN RENEWAL AUTHORITY MEETING AGENDA TUESDAY, JULY 28, 2026 MEETING BEGINS AT 6:00 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 URBAN RENEWAL AUTHORITY MEETING IS SCHEDULED TO BEGIN AT 6:00PM. THIS START TIME IS APPROXIMATE AND COULD START EARLIER OR LATER THAN 6:00PM. 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. BUSINESS ITEMS 4.1. RESOLUTION 26-01: Intergovernmental Agreement between the Town of Avon, Colorado and the Avon Urban Renewal Authority, Concerning the Remittance of Tax Increment Revenue Until 2033 (Chief Finance Officer Paul Redmond) 4.2. RESOLUTION 26-02: Intergovernmental Agreement Concerning Incremental Tax Revenue (Lot B) (Chief Finance Officer Paul Redmond) 5. APPROVAL OF MINUTES: Approval of December 9, 2025 URA Meeting Minutes (Authority Clerk Miguel Jauregui Casanueva) 6. ADJOURNMENT Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. The timer for public comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. TO: Chairwoman Tamra N. Underwood and Authority Members FROM: Eric Heil, Town Manager and Paul Redmond, Chief Finance Officer RE: Tax Increment IGA – Avon Urban Renewal Authority DATE: July 7, 2026 SUMMARY: The proposed Intergovernmental Agreement (“IGA”) establishes a framework under which Avon Urban Renewal Authority (“AURA”) will remit all tax increment revenues generated from The Summit development to the Town through December 31, 2033. The agreement is intended to reimburse the Town for significant public investments associated with The Summit, including community housing, public improvements, public amenities, and civic infrastructure. BACKGROUND: The Avon Urban Renewal Authority was established by the Town pursuant to Resolution 07-20 and administers the West Town Center Investment Plan. The Summit project is located within theWest Town Center Investment Plan area and is therefore expected to generate urban renewal taxincrement revenue. As part of The Summit Development Agreement, the Town committed approximately $10 million in project-related investments, including: •$6,000,000 for construction of the community space, adjacent patio, and dedicated parking. •$4,000,000 for acquisition of sixteen (16) Community Housing Deed Restrictions. •Additional support for public benefits including the pedestrian connection and dedication of land forcompletion of the Civic Plaza. The proposed IGA directs tax increment revenues generated by The Summit to the Town through 2033 to help offset these public investments. This IGA has been reviewed by the Town Attorney’s Office. FINANCIAL IMPACT: Approval of the IGA does not create a new Town expenditure. Instead, it provides a future revenue source to partially reimburse the Town for public investments associated with The Summit development. Tax increment revenues that would otherwise be retained by AURA will be remitted to the Town through December 31, 2033. RECOMMENDATION: We recommend approval of the tax increment revenue remittance agreement. This will be a great use of AURA funds and benefit our community by adding much-needed activation spaces to serve the Avon community. Attachment A, Resolution 26-01 and Exhibit A is the IGA Tax Increment Agreement. PROPOSED MOTION: “I move to approve Resolution 26-01 Approving the Intergovernmental Agreement Between the Town of Avon and the Avon Urban Renewal Authority, Concerning the Remittance of Tax Increment Revenues from the Summit Development Through 2033.” Thank you, Eric and Paul ATTACHMENT A: Resolution 26-01 IGA Tax Increment Agreement RESOLUTION 26-01 APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE AVON URBAN RENEWAL AUTHORITY CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE FROM THE SUMMIT DEVELOPMENT THROUGH 2033 WHEREAS, the Avon Urban Renewal Authority ("AURA") was established by the Town of Avon pursuant to Resolution 07-20 and in accordance with § 31-25-101, et seq., C.R.S., to promote redevelopment, economic revitalization, and investment within designated urban renewal plan areas; and, WHEREAS, the Town subsequently adopted the West Town Center Investment Plan ("WTCI Plan"), within which The Summit development is located; and, WHEREAS, pursuant to the Urban Renewal Law and the WTCI Plan, AURA is authorized to receive and retain tax increment revenue generated from property located within the urban renewal area; and, WHEREAS, pursuant to The Summit Development Agreement, the Town has committed substantial public investment in the project, including $6,000,000 for the construction of the commercial community space, adjacent patio, and dedicated parking spaces, and $4,000,000 toward the acquisition of sixteen (16) Community Housing Deed Restrictions; and, WHEREAS, the Town has also supported various public improvements and public benefits associated with The Summit, including contributions toward the pedestrian connection and dedication of land for completion of the Civic Plaza; and, WHEREAS, the Town and AURA have negotiated an Intergovernmental Agreement whereby AURA agrees to remit to the Town the tax increment revenues generated by The Summit through December 31, 2033; and, WHEREAS, the purpose of the Intergovernmental Agreement is to reimburse the Town for its investment in public improvements, public amenities, community housing, and other public benefits associated with The Summit project; and, WHEREAS, the AURA finds that approval of the Intergovernmental Agreement promotes the health, safety, and welfare of the Town by supporting community housing, public improvements, economic development, and the effective use of public resources. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Intergovernmental Agreement Between the Town of Avon and the Avon Urban Renewal ATTACHMENT A Authority Concerning the Remittance of Tax Increment Revenue Through 2033, attached hereto as Exhibit A, is hereby approved. ADOPTED July 28, 2026, by the AVON URBAN RENEWAL AUTHORITY By: Attest:___________________________ Tamra N. Underwood, Chairwoman Miguel Jauregui Casanueva, Secretary INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE AVON URBAN RENEWAL AUTHORITY, CONCERNING THE REMITTANCE OF TAX INCREMENT REVENUE UNTIL 2033 This Intergovernmental Agreement concerning the Remittance of Tax Increments (the “Agreement”) is entered into on July 28, 2026 by and between the Town of Avon, Colorado (“Town”), a home rule municipality organized under the laws of the State of Colorado, and the Avon Urban Renewal Authority (“Authority”) a Authority organized pursuant to C.R.S. § 31-25-101 et. seq., individually referred to as Party and collectively as Parties. RECITALS WHEREAS, the Town is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 (“Charter”); and WHEREAS, the Authority is a Colorado urban renewal authority established in accordance with§ 31-25-101, et. seq. (“URA Act”), with the purpose of promoting development of properties within adopted urban renewal plan areas for the prevention of blight and for the promotion of economic development and revitalization within adopted plan areas; and WHEREAS, pursuant to Resolution 07-20 Council established the Avon Urban Renewal Authority and subsequently adopted the West Town Center Investment Plan (“WTCI Plan”); and WHEREAS, pursuant to the URA Act and the WTCI Plan, the Authority has the ability and authority to collect and retain the District Tax Increment Revenue derived from taxes imposed on The Summit property which is within the boundaries of the Authority; and WHEREAS, GP Avon Developer, LLC, is a limited liability company who is entering into a Development Agreement with the Town for the development of a 164-unit residential project and an approximate 4,000-square foot commercial community space located on the approximately 1.7-acre real property located within the Town of Avon herein referred to as “The Summit;” and WHEREAS, pursuant to such Development Agreement, the Town is contributing $6,000,000 for the construction on the commercial community space, adjacent patio and dedicated parking spaces and is contributing $4,000,000 towards the purchase of 16 Community Housing Deed Restrictions; and WHEREAS, The Summit development is within the WTCI Plan boundary limits; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-203 and 29-1-203.5, et seq., Colorado Revised Statutes, encourage governments to make the most EXHIBIT A efficient and effective use of their powers and responsibilities by cooperating and contracting among themselves, including forming a political subdivision to provide any public improvements, functions, services, or facilities that the governments can each provide individually; and WHEREAS, the Authority has determined that it is in the best interests of the Authority and Town and the taxpayers that the tax increments received from The Summit be remitted back to the Town through December 31, 2033, to reimburse the Town for its significant investment in public benefits, public improvements and Community Housing units at The Summit. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties hereto as follows: AGREEMENT Section 1. Purpose. The purpose of this Agreement is to establish that the Avon Urban Renewal Authority commits to remitting any tax increments generated by The Summit property or development to the Town until 2033, the last year the Authority is projected to receive the full tax increment. Section 2. Collection and Remittance of Tax Increment. The tax increment revenue received by the Authority derived from taxes imposed on The Summit property through 2033 are hereby authorized and approved to be remitted to the Town, to reimburse the Town for its investment in public improvements and investments, including the Community Space, contribution to the Pedestrian Connection, dedication of land for the competition of the Civic Plaza, and the acquisition of Community Housing Deed Restrictions at The Summit, as described in The Summit Development Agreement, dated July 28, 2026. Section 3. Governmental Immunity. Notwithstanding any provision in the Agreement, the Authority and Town are relying on and do not waive or intend to waive by any provision of this Amended and Restated Agreement, the monetary limitations or any other rights, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Authority and Town or its officers or employees. Section 4. Liability. In the event the Town is named as a party in any legal action related to this Agreement and the Town’s collection the incremental tax remittance, the Authority shall select legal counsel to represent the Town in such action. Such action shall be vigorously defended against, the Town shall be consulted as to all significant decisions involved in the action, and the action shall not be compromised or settled without the Town’s consent, which consent shall not be unreasonably withheld. The Authority’s liability shall be limited to those amounts not covered by the insurance carried by the Town. Under no circumstances shall the Authority be liable to the Town for special, punitive, indirect, or consequential damages suffered by the Town arising out of or in connection with the Agreement or any lawsuit brought under this Section. Section 5. Term of Agreement. The Parties have determined that this Agreement, along with all of its terms, conditions, shall go into effect as of June 9, 2026, once approved by all Parties, and shall be in effect through December 31, 2033, the last year the Authority is projected to receive the full tax increment. Section 6. Enforcement. This Agreement and the terms and provisions hereof may be enforced by either Party hereto and their successors and assigns. In the event legal or administrative proceedings are brought against any Party for the purpose of such enforcement, the prevailing Party shall recover from the non-prevailing Party all costs associated therewith, including but not limited to reasonable attorney’s fees. Section 7. Miscellaneous Provisions. 7.1 This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 7.2 No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.3 This Agreement constitutes the entire agreement between the Parties regarding the subject matter thereof and shall be binding upon the Parties, their officers, employees, agents, and assigns, and may not be assigned by any Party without the express written consent of the other Party. 7.4 In the event that any of the terms or conditions of this Agreement or their application shall be held invalid as to any person, entity, or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms or conditions to such persons, entities, or circumstances shall not be affected thereby and this Amended and Restated Agreement shall be interpreted as if such invalid term or condition is not contained herein. 7.5 By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory’s execution of this Agreement. 7.6 The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 7.7 The laws of the State of Colorado, without regard to Colorado laws regarding conflicts of law, shall govern the construction, interpretation, execution and enforcement of this Agreement. Venue for any dispute arising out of or relating to the Agreement shall be in the State of Colorado District Court for Eagle County. 7.8 The section headings in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any part of this Agreement. 7.9 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. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written above. TOWN OF AVON, COLORADO, by and through its Town Council BY: ___________________________ ATTEST:___________________________ Tamra N. Underwood, Mayor Miguel Casanueva, Town Clerk AVON URBAN RENEWAL AUTHORITY BY: ____________________________ ATTEST:____________________________ Tamra N. Underwood, Chairperson Miguel Casanueva, Secretary 970-748-4004 eheil@avon.org TO: Honorable Chairperson Underwood and URA members FROM: Eric Heil, Town Manager RE: IGA Concerning Incremental Tax Revenue DATE: July 8, 2026 SUMMARY: The Urban Renewal Authority is asked to consider and approve the Intergovernmental Agreement (IGA) establishing a phased framework for the allocation and distribution of tax increment revenue generated from Lot B within Avon Station and applies to the following Authorities and District: •Avon Urban Renewal Authority (“URA”) •Avon Downtown Development Authority (“DDA”) •Avon Station Metropolitan District (Avon Station) BACKGROUND: Lot B is the only property within Avon Station (see Exhibit A of IGA) that overlaps both the URA and DDA. This creates overlapping statutory authority for the collection of tax increment financing (“TIF”) revenues. This agreement clarifies revenue allocation among the URA (Town Center West Urban Renewal Plan), the DDA (2023 Downtown Development Plan), and the Avon Station Metropolitan District. This step aligns with prior agreements, governing district infrastructure financing and debt obligations. On June 1, 2026, the DDA approved an Intergovernmental Agreement between Town of Avon and Avon DDA Concerning Incremental Tax Revenue (June 1, 2026 DDA Packet pages 2-184). This IGA ensures that DDA revenues reimburse the Town for its investment. At the June 29 meeting, the DDA approved Intergovernmental Agreement between Avon Urban Renewal Authority and Avon Downtown Development Authority and Avon Station Metropolitan District Concerning Incremental Tax Revenue (Exhibit A). This IGA ensures that all the complicated, overlapping revenue streams flow correctly and legally to support the project. OVERVIEW: This Intergovernmental Agreement establishes how TIF revenues generated from Lot B within Avon Station will be allocated, retained, and distributed among the URA, DDA, and Avon Station. Lot B is the only property within Avon Station that also lies within the DDA boundary, creating overlapping authority. The agreement resolves how incremental property tax revenue (above base value) is handled across the URA Plan (Town Center West Urban Renewal Plan) and the DDA Plan (2023). It clarifies and supplements prior agreements governing incremental tax revenue and infrastructure financing. The IGA considers the following: •Clarifies overlapping authority for TIF revenues on a key redevelopment parcel •Protect existing debt obligations through required debt service remittance •Supports downtown investment priorities, including workforce housing, post-URA •Provides a clear revenue transition structure, reducing ambiguity and risk If approved, the IGA would be executed by all parties, and the implementation of reporting and tracking requirements would be executed. Page 2 of 2 FINANCIAL CONSIDERATIONS: The IGA addresses the Debt Service Mill Levy, which supports bond repayment and existing district debt, and the Operations Mill Levy which support operations, maintenance, and administrative costs There are some fiscal impact outcomes outlined as follows: •No direct fiscal impact to the Town General Fund •Impacts allocation and timing of TIF revenues among URA, DDA, and Avon Station •Ensures continued funding for: o Urban renewal efforts (short-term) o District debt obligations (mid-term) o Downtown reinvestment priorities (mid-term) PROPOSED MOTION: “I move to approve Resolution 26-02 the Intergovernmental Agreement Concerning Incremental Tax Revenue (Lot B) among the Avon Urban Renewal Authority, the Avon Downtown Development Authority, and Avon Station Metropolitan District.” Thank you, Eric ATTACHMENT A: Resolution 26-02 Intergovernmental Agreement between Avon Urban Renewal Authority and Avon Downtown Development Authority and Avon Station Metropolitan District Concerning Incremental Tax Revenue (Lot B) Resolution 26-02 July 28, 2026 Page 1 of 2 RESOLUTION 26-02 APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING INCREMENTAL TAX REVENUE (LOT B) AMONG THE AVON URBAN RENEWAL AUTHORITY, THE AVON DOWNTOWN DEVELOPMENT AUTHORITY, AND AVON STATION METROPOLITAN DISTRICT WHEREAS, the Town of Avon established the Avon Urban Renewal Authority (“URA”) pursuant to Article 25 of Title 31, Colorado Revised Statutes, to implement the Town Center West Urban Renewal Plan and undertake urban renewal activities within the urban renewal area; and WHEREAS, the Town of Avon established the Avon Downtown Development Authority (“DDA”) pursuant to Article 25, Part 8 of Title 31, Colorado Revised Statutes, to support downtown economic development, public improvements, and community housing initiatives within the downtown area; and WHEREAS, the URA and the DDA have certain statutory rights to receive and retain tax increment revenues generated from property located within their respective plan areas; and WHEREAS, Lot B, located within Avon Station Metropolitan District, is the only property within Avon Station Metropolitan District that is also located within the boundaries of the DDA and is subject to tax increment provisions applicable to both the URA and the DDA; and WHEREAS, the Avon Urban Renewal Authority, the Avon Downtown Development Authority, and Avon Station Metropolitan District have negotiated an Intergovernmental Agreement Concerning Incremental Tax Revenue (Lot B) (the “Agreement”) to establish the allocation, remittance, reporting, and administration of tax increment revenues generated from Lot B; and WHEREAS, the Agreement provides for the retention of Lot B tax increment revenues by the URA during the term of the Town Center West Urban Renewal Plan, establishes the treatment of debt service and operations mill levy revenues following expiration of the URA Plan, and creates reporting and audit procedures among the parties; and WHEREAS, the Avon Urban Renewal Authority Board finds that approval of the Agreement serves the public interest by providing certainty regarding the allocation and administration of incremental tax revenues associated with Lot B and supporting the orderly implementation of the URA Plan, the DDA Plan, and obligations of Avon Station Metropolitan District. NOW, THEREFORE, BE IT RESOLVED BY THE AVON URBAN RENEWAL AUTHORITY OF THE TOWN OF AVON, COLORADO, that the Intergovernmental Agreement Concerning Incremental Tax Revenue (Lot B) among the Avon Urban Renewal Authority, the Avon Downtown Development Authority, and Avon Station Metropolitan District, attached hereto as Exhibit A, is hereby approved. ATTACHMENT A Resolution 26-02 July 28, 2026 Page 2 of 2 ADOPTED July 28, 2026, by the AVON URBAN RENEWAL AUTHORITY By: Attest:___________________________ Tamra N. Underwood, Chairwoman Paul Redmond, Treasurer CERTIFIED: _____________________________ Miguel Jauregui Casanueva, Authority Clerk IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 1 of 9 INTERGOVERNMENTAL AGREEMENT CONCERNING INCREMENTAL TAX REVENUE (LOT B) THIS INTERGOVERNMENTAL AGREEMENT CONCERNING INCREMENTAL TAX REVENUE (LOT B) (the “Agreement”) is made and entered into as of June 29, 2026, by and among the AVON URBAN RENEWAL AUTHORITY, an urban renewal authority and body corporate and politic of the State of Colorado (the “URA”), the AVON DOWNTOWN DEVELOPMENT AUTHORITY, a downtown development authority and body corporate of the State of Colorado (the “DDA”), and AVON STATION METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (“Avon Station”). The URA, the DDA, and Avon Station may be referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the URA is a Colorado urban renewal authority established by the Town of Avon, Colorado (the “Town ”) in accordance with § 31-25-101, et. seq., C.R.S. (the “URA Act”); and WHEREAS, the URA is authorized by the URA Act to provide for improvements and facilities and other functions of benefit to the Authority and its residents and taxpayers; and WHEREAS, pursuant to the URA Act and the Town Center West Urban Renewal Plan, approved by the Town (the “URA Plan”), the URA has the power to collect and retain ad valorem property tax revenue derived from the mill levies imposed by Avon Station and Confluence Metropolitan District (“Confluence” and together with Avon Station, the “Districts”) as applied to any incremental increase in property values within the Districts above the assessed value as of the time the Town adopted the URA Plan (the “District Tax Increment Revenue”), as the same relates to property that is within the boundaries of the Districts and that is also within the URA Plan area; and WHEREAS, the URA, Avon Station and Confluence are parties to that certain Intergovernmental Agreement between Avon Urban Renewal Authority, Confluence Metropolitan District, and Avon Station Metropolitan District Concerning Incremental Taxes, dated October 9, 2007 (the “URA Agreement”); and WHEREAS, pursuant to the URA Agreement, the URA agreed to remit to the Districts the District Tax Increment Revenue it receives as a result of ad valorem property taxes and associated specific ownership taxes levied by the Districts within the current boundaries of the Districts, except for Lot B within Avon Station, as depicted in Exhibit A, attached hereto and incorporated herein (“Lot B”), and except for and to the extent of any incremental ad valorem property taxes or specific ownership taxes generated by an increase in the total number of permitted dwelling units or commercial square footage in the zoning entitlement existing as of February 27, 2007; and EXHIBIT A IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 2 of 9 WHEREAS, subsequent to the date of the URA Agreement, the Town established the DDA as a Colorado downtown development authority established in accordance with § 31-25-801, et. seq. (the “DDA Act”); and WHEREAS, the DDA is authorized to provide organizational focus and financing to support downtown economic developments and improvements, including specifically development of community housing in the Avon downtown area to provide additional workforce housing and to sustain and enhance a critical mass of residents in the Avon downtown area necessary to support neighborhood businesses and to support the public infrastructure and public facilities which sustain and enhance the attractiveness of business investment in the Avon downtown area; and WHEREAS, in furtherance of its organization and purpose, the DDA adopted the Avon Downtown Development Authority Plan, dated October 2, 2023 (the “DDA Plan”); and WHEREAS, pursuant to the DDA Act and the DDA Plan, the DDA has the authority to collect and retain the District Tax Increment Revenue derived from the mill levies imposed Avon Station on property which is within the boundaries of Avon Station and that is also within the boundaries of the DDA; and WHEREAS, Confluence and Avon Station are parties to that certain Second Amended and Restated Joint Facilities Construction and Service Agreement, dated April 26, 2007, as amended (the “District IGA”), pursuant to which Confluence is to manage the construction, operation, and maintenance of public improvements, and Avon Station, through an assignment of revenue raised from mill levies imposed by Avon Station, is to provide funding for such construction, operation, and maintenance; and WHEREAS, in 2021, Confluence obtained two loans, consisting of its 2021A-1 Senior Loan and its 2021A-2 Senior Loan, and issues its Subordinate Limited Tax Supported Revenue Refunding Bonds, Series 2021B (collectively the “2021 Debt”), the proceeds of which were used to refund bonds issued by Confluence in 2007, which bonds were issued to fund the construction of public infrastructure; and WHEREAS, Confluence and Avon Station are parties to that certain Amended and Restated Capital Pledge Agreement, dated June 10, 2021, and that certain Capital Pledge Agreement (Subordinate), also dated June 1, 2021 (collectively, the “2021 Pledge Agreements”), pursuant to which Avon Station has pledged certain revenue to Confluence to support the repayment of the 2021 Debt; and WHEREAS, all of the property within the boundaries of Avon Station is within the plan area of the URA; and WHEREAS, the only property within the boundaries of Avon Station that is also within the DDA is Lot B; and IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 3 of 9 WHEREAS, for the avoidance of doubt, no property within Confluence is within the DDA, and as such the DDA has no right to any District Tax Increment Revenue derived from any mill levies imposed by Confluence; and WHEREAS, the Parties desire to enter into this Agreement to address the remittance of the District Tax Increment Revenue as the same relates to Lot B. NOW THEREFORE, in consideration of the mutual covenants and stipulations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: TERMS AND CONDITIONS Section 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Recitals above, as applicable. In addition, the following definitions shall apply: (a) “Debt Service Mill Levy” means the mill levy imposed by Avon Station for the purpose of paying debt service on bonds or other obligations of Avon Station, as certified by Avon Station to the Eagle County assessor annually. (b) “Operations Mill Levy” means the mill levy imposed by Avon Station for the purpose of funding operations, maintenance, administrative expenses of Avon Station other than debt service, as certified by Avon Station to the Eagle County assessor annually. (c) “Lot B Tax Increment Revenue” means the District Tax Increment Revenue derived from both the Debt Service Mill Levy and the Operations Mill Levy imposed by Avon Station, as applied to the assessed valuation of Lot B in excess of the base assessed value established pursuant to the URA Plan. (d) “URA Plan Termination Date” means the date upon which the URA West Town Center Investment Plan expires or is otherwise terminated in accordance with the URA Act and the URA West Town Center Investment Plan. (e) “DDA Plan Termination Date” means the date upon which the DDA Plan expires or is otherwise terminated in accordance with the DDA Act and the DDA Plan. Section 2. Debt Service Mill Levy Lot B Tax Increment Revenue. (a) From the date of this Agreement until the URA Plan Termination Date, after which time the URA no longer has the right to retain the Lot B Tax Increment Revenue, the URA shall retain all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from Avon Station’s Debt Service Mill Levy. Such retained revenue shall be used by the URA in furtherance of the URA Plan and for such purposes as are authorized under the URA Act. IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 4 of 9 (b) From the URA Plan Termination Date and until the DDA Plan Termination Date, after which time the DDA no longer has the right to retain the Lot B Tax Increment Revenue, the DDA shall remit to Confluence, on behalf of Avon Station in furtherance of the District IGA and the 2021 Pledge Agreements, all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from Avon Station’s Debt Service Mill Levy. Such remittance shall be made no later than thirty (30) days from the DDA's receipt of any such Lot B Tax Increment Revenue from the Eagle County treasurer. (c) After the DDA Plan Termination Date, all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived for Avon Station’s Debt Service Mill Levy shall be remitted directly to Avon Station from the Eagle County treasurer, and neither the URA nor the DDA shall have any right to any such Lot B Tax Increment Revenue. Section 3. Operations Mill Levy Lot B Tax Increment Revenue. (a) From the effective date of this Agreement until the URA Plan Termination Date, after which time the URA no longer has the right to retain the Lot B Tax Increment Revenue, the URA shall retain all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from the Operations Mill Levy imposed Avon Station. Such retained revenue shall be used by the URA in furtherance of the URA Plan and for such purposes as are authorized under the URA Act. (b) From the URA Plan Termination Date and until the DDA Plan Termination Date, after which time the DDA no longer has the right to retain the Lot B Tax Increment Revenue, the DDA shall retain all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from the Operations Mill Levy imposed by Avon Station. Such retained revenue shall be used by the DDA in furtherance of the DDA Plan and for such purposes as are authorized under the DDA Act. (c) After the DDA Plan Termination Date, all Lot B Tax Increment Revenue, and associated specific ownership taxes, derived from Avon Station’s Operations Mill Levy shall be remitted directly to Avon Station from the Eagle County treasurer, and neither the URA nor the DDA shall have any right to any such Lot B Tax Increment Revenue. Section 4. Audit and Reporting. (a) Annual Reporting. The URA and the DDA, during the period which each is entitled to receive and retain Lot B Tax Increment Revenue pursuant to this Agreement, shall provide Avon Station with an annual written report no later than ninety (90) days following the end of each calendar year, which report shall include: (i) The total amount of Lot B Tax Increment Revenue received by the reporting Party during the prior calendar year, itemized separately the Lot B Tax Increment Revenue attributable to the Debt Service Mill Levy and to the Operations Mill Levy; IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 5 of 9 (ii) The total amount of Lot B Tax Increment Revenue remitted to Avon Station during the prior calendar year, including the date(s) of such remittance(s); (iii) The total amount of Lot B Tax Increment Revenue retained by the reporting Party during the prior calendar year; and (iv) The cumulative total of all Lot B Tax Increment Revenue received, remitted, and retained since the effective date of this Agreement or the date such Party first began receiving Lot B Tax Increment Revenue, whichever is later. (b) Audit Rights. Avon Station shall have the right, upon not less than thirty (30) days' prior written notice to the applicable Party, to audit the financial records of the URA or the DDA, as applicable, solely as they relate to the receipt, retention, and remittance of Lot B Tax Increment Revenue by such Party. Such audits shall be conducted at Avon Station’s sole cost and expense, except as provided in subsection (c) below, and shall be conducted during normal business hours at the principal offices of the audited Party. Avon Station shall not conduct more than one (1) such audit of any Party in any calendar year, unless a prior audit has revealed a material discrepancy, in which case an additional audit may be conducted with respect to the period covered by such discrepancy. (c) Audit Discrepancies. If an audit conducted pursuant to subsection (b) above reveals that the URA or the DDA, as applicable, has failed to remit any Lot B Tax Increment Revenue to Avon Station in the amounts and within the timeframes required under this Agreement, the applicable Party shall remit the deficient amount to Avon Station within thirty (30) days of the date the discrepancy is confirmed in writing by the audited Party or, if disputed, within thirty (30) days of a final resolution of such dispute. If the audit reveals an underpayment exceeding five percent (5%) of the total amount required to have been remitted during the audited period, the audited Party shall also reimburse Avon Station for the reasonable costs of the audit. (d) Record Retention. The URA and the DDA shall each maintain complete and accurate financial records relating to all Lot B Tax Increment Revenue received, retained, and remitted for a period of not less than seven (7) years following the end of the calendar year to which such records relate, or for such longer period as may be required by applicable law. Such records shall be made available to Avon Station upon request in connection with any audit conducted pursuant to this Section. (e) Plan Termination Notice. The URA and the DDA shall each provide written notice to Avon Station and to each other no later than one hundred eighty (180) days prior to the anticipated termination date of their respective plan, or as soon as practicable if such termination is not anticipated in advance. Such notice shall include the anticipated or actual termination date and a final accounting of all Lot B Tax Increment Revenue received, retained, and remitted through the date of termination. Section 5. Cooperation. The Parties agree to cooperate in good faith and take all reasonable actions necessary to effectuate the intent of this Agreement, including executing such IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 6 of 9 additional documents, instruments, or agreements as may be necessary or desirable to carry out the purposes hereof. Section 6. Notices. Any notice or communication required under this Agreement must be in writing, and may be given personally, sent via nationally recognized overnight carrier service, or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent; or (ii) three days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered or sent via nationally recognized overnight carrier service, a notice will be deemed to have been given and received on the first to occur of: (i) one business day after being deposited with a nationally recognized overnight air courier service; or (ii) delivery to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section 6 of this Agreement, designate additional persons to whom notices or communications will be given, and designate any other address in substitution of the address to which such notice or communication will be given. Such notices or communications will be given to the parties at their addresses set forth below: The URA: The Avon Urban Renewal Authority Attention: Phone: E-mail: With a copy to: Attention: Phone: E-mail: The DDA: The Avon Downtown Development Authority Attention: Phone: E-mail: With a copy to: Attention: Phone: E-mail: IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 7 of 9 Avon Station: Avon Station Metropolitan District c/o Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Attention: Jon Erickson Phone: (970) 926-6060 E-mail: jon@mwcpaa.com With a copy to: WBA, PC 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 Attention: Trisha K. Harris, Esq. Phone: (303) 858-1800 E-mail: tharris@wbapc.com Section 7. Amendment. This Agreement may not be amended, modified, or supplemented except by a written instrument duly executed by all Parties. Section 8. Entire Agreement. This Agreement, and all exhibits attached hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, warranties, and understandings of the Parties with respect to the subject matter hereof. Section 9. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any dispute arising hereunder shall be in the district court of Eagle County, Colorado. Section 10. Counterparts. This Agreement may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies hereof may be delivered by facsimile or email of a PDF document, and, upon receipt, shall be deemed originals and binding upon the signatories hereto, and shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings. Section 11. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Section 12. No Third-Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties and their respective successors and assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. IGA – URA-DDA-Avon Station The Summit – Tax Increment Remittance July 28, 2026 Page 8 of 9 Section 13. Authority. Each Party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder, and that this Agreement has been duly authorized by all necessary action of such Party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. AVON URBAN RENEWAL AUTHORITY By: Name: Title: ATTEST: AVON DOWNTOWN DEVELOPMENT AUTHORITY By: Name: Title: ATTEST: AVON STATION METROPOLITAN DISTRICT By: Name: Title: ATTEST: EXHIBIT A Depiction of Lot B MINUTES FOR THE URBAN RENEWAL AUTHORITY (URA) MEETING TUESDAY, DECEMBER 9, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:23:25 The meeting was conducted in a hybrid format, in person at Avon Town Hall and virtually via Zoom. Chair Tamra N. Underwood called the December 9, 2025, Urban Renewal Authority (URA) meeting to order at 5:24 p.m. A roll call was taken. URA Board Members present were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Vice Chair Rich Carroll, and Chair Tamra N. Underwood. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina P. Williams, Chief Administrative Officer Ineke de Jong, URA Clerk Miguel Jauregui Casanueva, URA Treasurer Paul Redmond, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:24:05 Chairwoman Underwood opened consideration of the URA Agenda. Vice Chair Carroll moved to approve the agenda, as presented. Board Member Stanley seconded the motion. The motion passed unanimously, 7–0. 3. PUBLIC COMMENT Video Start Time: 00:24:40 Chair Underwood outlined the procedures for public comment, including participation in person, via Zoom, or by email. No public comment was received. 4. BUSINESS ITEMS Video Start Time: 00:25:05 4.1 Public Hearing for the Adoption of the 2026 proposed Avon Urban Renewal Authority Annual Budget (Treasurer Paul Redmond) • Resolution 25-01, Summarizing Expenditures and Revenues and Adopting a Budget for the Avon Urban Renewal Authority for the Calendar Year Beginning on the first day of January 2026 and ending on the last day of December 2026. URA Treasurer Redmond introduced the adoption of URA Resolution 25-01. Chair Underwood opened the public hearing. No public comment was received. Board Member Hyatt moved to approve URA Resolution 25-01. Board Member Hardy seconded the motion. The motion passed unanimously, 7–0. 5. APPROVAL OF THE DECEMBER 10, 2024 URA MEETING MINUTES (AUTHORITY CLERK MIGUEL JAUREGUI CASANUEVA) Video Start Time: 00:28:35 Board Member Hardy moved to approve the December 10, 2024, URA meeting minutes. Board Member Stanley seconded the motion. The motion passed unanimously, 7–0. 6. ADJOURNMENT There being no further business, Chair Underwood adjourned the meeting at 5:31 p.m. [SIGNATURE PAGE FOLLOWS] MINUTES FOR THE URBAN RENEWAL AUTHORITY (URA) MEETING TUESDAY, DECEMBER 9, 2025 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 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 for a time at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, URA Clerk APPROVED: Tamra N. Underwood ___________________________________ 970-748-4413 matt@avon.org Page 1 of 4 TO: Honorable Mayor Underwood and Council Members FROM: Matt Pielsticker, Community Development Director RE: Hidden Valley Estates –Development Agreement Amendments DATE: July 24, 2026 SUMMARY: This report presents to Town Council (“Council”) amendments to the Development Agreement (“Agreement” - Attachment B) between the Town of Avon and Hidden Valley Development, LLC (“Developer”). The Project includes up to 53 units of Community Housing on Metcalf Road in the form of Townhomes and Duplex structures. The Agreement stated that Avon would appropriate $600,000 if the Developer completed at least six Community Housing units by December 31, 2025. The first six units were not completed by that due date and the Town’s commitment to contribute $600,000 expired. The Developer has obtained building permits for eighteen (18) units and is actively constructing the first twelve (12) units. The first six (6) units are expected to be completed this fall and available for purchase and occupancy. The Developer is now requesting Avon to appropriate $900,000 in 2026, to provide buyer assistance funding in the amount of $100,000 per unit, for nine (9) units. The Town recently paused Mi Casa Avon, Good Deeds Avon, and Municipal Employee Home Ownership Program (“MEHOP”) in order for Council to entertain this funding request. The remaining fund balance for Mi Casa Avon/Good Deeds Avon is $652,843, and the remaining balance for the MEHOP program is $625,000. Above: Hidden Valley Estates Lot Layout. Hidden Valley Estates Development Agreement Amendments July 21, 2026 Page 2 of 4 AMENDMENTS TO DEVELOMPENT AGREEMENT: Amendments to the Development Agreement include the following: • Increasing the initial funding commitment from $600,000 to $900,000. • Extending the period for Town’s obligation to provide initial funding from December 31, 2025 to December 31, 2027. • Deleting the Developer’s obligation to dedicate water due to the availability of unassigned water in Avon’s guaranteed water service agreement with the Upper Eagle Regional Water Authority. • Various revisions to remove reference to Mi Casa Avon and clarify the funding obligations are a down payment assistance maximum of 12% per unit or $100,000, whichever is less. • Deletion of Exhibits B and Exhibit C with the form of Deed Restrictions and language which states deed restrictions shall be prepared and approved by Town Attorney. The deed restrictions forms are being updated which will reference the Avon Community Housing Policies (“ACHP) for administration. Third Party ownership remains permitted so long as units are occupied by an Eagle County Employee. BACKGROUND: Council amended the Avon Municipal Code in 2019 to add “Community Housing” as a permitted use in the Light Industrial and Commercial (“IC”) zone district. The density for Community Housing was set at 10 DU/Acre. Additionally, several additions to Title 3 centered around this use were also accomplished in the same year allowing for developer incentives like certain tax credits for building materials and transfer tax relief. “Community Housing” is defined as: “Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town.” In 2021, the developer requested a waiver of taxes and fees for this project. During these discussions with Council, a “pledge” of funds in the amount of $100,000 per residence home purchasers was also considered, and approved, with funds allocated for the first six (6) homes. The Community Housing Fund has maintained the $600,000 allocation since Council’s approval in 2021. The original deed restrictions established with the Development Agreement were to be similar to the ¡Mi Casa! Avon Resident Occupied (non-priced capped) deed restrictions, except that initial owners did not have to occupy the unit for three years before potentially renting to an eligible household. For example, an employer could purchase a unit and rent to an employee if they are qualified accordingly. In 2023, the Hidden Valley Estates development team made an application for a Subdivision and Major Development Plan, which the Planning and Zoning Commission (“PZC”) approved May 16, 2023. The Major Development Plan approval includes 53-units total, and is comprised of townhome and duplex units. As part of the Major Development Plan application, the Applicant also included a Development Bonus for setback modifications. Hidden Valley Estates Development Agreement Amendments July 21, 2026 Page 3 of 4 The Avon Community Housing Policies (“ACHP”), and associated (new) form of deed restrictions, were approved in 2025. TAX AND FEE WAIVERS: The Development Agreement includes waiver of Avon’s Real Estate Transfer Tax (“RETT”), waiver of Sales Tax, waiver of Development Review Fees, Water Tap Fee credit for extension of water line to project, water rights allocation, and Building Permit Fee waivers. Sales tax is no longer applicable as the Use Tax was approved, these units meet the definition of Community Housing. The existing and projected waiver for the first six (6) units includes: Waivers to date Development Review Fees $ 1,750 Building Permit Fees for six (6) $ 36,200 Projected Waivers RETT for six (6) $117,600 Subdivision for two condos $ 1,000 Projected Credit Avon Water Tap Fees $ 24,000 TOTAL $182,550 ($30,425/per unit) The allocation of Single-Family Equivalents (“SFEs”) to serve the project from the Town’s water rights was included in the Development Agreement. The property was originally zoned Industrial Commercial and designated with 5.6 SFEs. There will be 53 units with 47.4 SFEs allocated from Avon’s “unassigned” SFE service guarantee agreement with the Upper Eagle Regional Water Authority. The Upper Eagle Regional Water Authority was not able to provide a cost estimate for a cash-in-lieu dedication of 47.4 SFEs of additional water rights. OPTIONS: Council has discretion to approve, deny, or modify the request from the Developer. This section outlines options and implications of each option. If Council does not act on the request (1) Approve as proposed for $900,000 for first nine (9) units. Staff recently paused the MEHOP, ¡Mi Casa Avon!, and Good Deeds Avon programs until Council decides on this project. The Community Housing Fund currently has $625,000 earmarked for the MEHOP program, and $652,843 remaining for Good Deeds Avon/¡Mi Casa Avon! for a total of $1,277,843, which would amount to $377,843 remaining after committing $900,000 to Hidden Valley Estates. (2) Approve original 2023 request for $600,000 and six (6) units. The MEHOP funds ($625,000) can be repurposed to fund the first six (6) units at closing. This would provide assurance and guidance as units are listed for sale to prospective buyers. (3) Approve alternate funding amount. Demand for other deed restriction purchase programs (e.g. Good Deeds Avon) remains strong. (4) Continue to a future meeting. Council may choose to wait and see completed units and revisit the request at a later date. (5) Deny the request. If no financial assistance is provided, the Development Agreement still requires some of the amendments incorporated in Attachment C. Hidden Valley Estates Development Agreement Amendments July 21, 2026 Page 4 of 4 TOWN MANGER COMMENTS: There is strong demand for Good Deeds Avon/¡Mi Casa Avon! and we have received numerous comments that there is demand for three-bedroom townhomes with a garage. The Good Deeds Avon, ¡Mi Casa Avon!, and support for Hidden Valley Estates are all varieties of buyer down-payment assistance that includes a permanent deed restriction. Since announcing the temporary hold on Good Deeds Avon, ¡Mi Casa Avon! there are three potential buyer contracts that desire to use the Good Deeds Avon program, amounting to a total of $395,850 in funding contribution from Avon to match the funding contribution from Eagle County. We have not received interest to date by Avon employees to use the MEHOP program, so I would support repurposing those funds to support any or all of the buyer down-payment assistance programs. My recommendation is for Council to appropriate $600,000 from the MEHOP balance to commit to Hidden Valley Estates, continue with Good Deeds Avon/¡Mi Casa Avon! with the remaining fund balance of $652,843, and continue to monitor all buyer down-payment assistance programs. If Council desired to appropriate $900,000 for Hidden Valley Estates as requested and desired to support and proceed with the three pending Good Deeds Avon contracts, then Council would need to appropriate an additional $18,007 and there would be no more funds remaining for 2026 for Good Deeds Avon/¡Mi Casa Avon! NOTE: If Council approves $600,000 then Section 7.5 of the Development Agreement does NOT need to be amended and the 1st Amendment to the Development Agreement should be revised accordingly. RECOMMENDED MOTION: “I move to approve the 1st Amendment to the Development Agreement for Hidden Valley Estates.” Thanks, Matt ATTACHMENTS: A. Written Request from Hidden Valley Estates B. Development Agreement C. 1st Amendment to Development Agreement D. Photos of Project Dear Town of Avon Council, We appreciate the Town’s continued partnership and support of Hidden Valley Estates. As construction progresses toward completion of the first homes, we respectfully request that the Town extend the previously approved Development Agreement, with minor modifications, to continue the purchase price buydown program for future phases of the project. Hidden Valley Estates was conceived with a clear purpose: to create new for-sale housing opportunities for Avon and Eagle County’s local workforce. While much of the region’s workforce housing focuses on rental opportunities, Hidden Valley is designed to provide qualified local residents the opportunity to become homeowners, build equity, and establish long-term roots in the community. The Town’s purchase price buydown plays an important role in achieving that goal. By reducing the purchase price, the program makes homeownership more attainable for more qualified local buyers who otherwise may not be able to bridge the gap between today’s market prices and affordability. This investment helps local residents transition from renting to owning, creating lasting community stability and allowing working families to build long-term financial security through homeownership. Construction is progressing well. We currently have 9 homes under vertical construction and have completed foundations and lower-level construction on an additional 6 homes. The first 3 townhomes are anticipated to be completed and ready for occupancy beginning later this summer. Each residence in this phase is a thoughtfully designed three-bedroom, three-and-a-half-bath townhome offering approximately 1,500 square feet of finished living space, a crawlspace for storage, an attached one-car garage, and an additional dedicated parking space. As true townhomes, every residence offers the privacy of having no units above or below. To provide complete transparency for Town Council, staff, and prospective buyers, we have created a dedicated project website at https://hiddenvalleyestatesavon.com/. The website includes floor plans, elevations, interior finishes and specifications, pricing information, preferred lending partners, HOA declarations, draft budget and bylaws, and other project information. We continue to expand these resources as construction advances. Initial pricing is anticipated to range from $975,000 to $995,000, or approximately $650 to $663 per square foot. For comparison, the Timber Ridge project in Vail is priced between approximately $656 and $682 per square foot for three-bedroom, two-bath condominium units without garages. We have included additional information regarding the Timber Ridge project for reference. Both Timber Ridge and Hidden Valley permit third-party ownership, allowing employers to purchase homes and lease them to qualified Eagle County employees. However, our objective is to maximize opportunities for individual local homeownership whenever possible. ATTACHMENT A Recent independent appraisals further support the value being delivered, with interior homes appraising at approximately $1,060,000 and corner homes at approximately $1,100,000. Based on current market conditions and buyer demand, we have intentionally adjusted our construction pace to align with absorption. As a result, we now anticipate delivering approximately six homes in 2026, with the next nine homes delivered in 2027. Accordingly, we respectfully request that the Town continue the previously approved purchase price buydown program through 2027 and 2028 so that eligible buyers have the same opportunity to utilize the program as homes become available. Attached is our proposed amendment extending the Hidden Valley Development Agreement. As previously approved, it includes two deed restriction forms—one applicable when the Town’s purchase price buydown is utilized and one when it is not. These deed restrictions remain unchanged. We believe Hidden Valley Estates represents a unique opportunity to help address one of Eagle County’s greatest housing challenges—not simply by creating more housing units, but by creating more homeowners. By continuing its partnership through the purchase price buydown program, the Town will help more local residents achieve homeownership, build equity, and establish long-term roots in Avon while preserving housing for the local workforce for years to come. Thank you for your continued partnership and thoughtful consideration. We look forward to working together to make this vision a reality for more local families. Sincerely, Steve MacDonald, Sean Reynolds, Phil Matsen ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B 1st Amendment to Development Agreement – Hidden Valley Estates July 28, 2026 Page 1 of 6 1ST AMENDMENT TO DEVELOPMENT AGREEMENT THIS 1ST AMENDMENT TO DEVELOPMENT AGREEMENT (“1ST Amendment”) is made July 28, 2026 (“Effective Date”), by and between the Town of Avon, Colorado, a Colorado home rule municipality (“Town”) and Hidden Valley Development, LLC, a Colorado limited liability company (“Developer”). WHEREAS, the Town and the Developer have entered into a Development Agreement dated June 14, 2023 and recorded on September 7, 2023 at Reception No. 202312321 in the public records of Eagle County, Colorado (“Development Agreement”); WHEREAS, the Development Agreement contains certain obligations of Developer and the Town, and deadlines of Developer, with respect to the Development; WHEREAS, the Town has determined that sufficient water exists to assign and serve the Property, and the Town therefore no longer requires a dedication of water rights; and WHEREAS, the Town and Developer now desire to modify certain deadlines and related terms provided in the Development Agreement and other modifications, including streamlining the process relating to Community Housing Deed Restrictions, so as to be efficient in the administration of deed restrictions within the Town and consistent with the Town’s current forms and the Avon Community Housing Policies (“ACHP”), as further set forth below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Town and the Developer agree as follows: 1. Extension of Dates and Deadlines. a.Town Funding: The first sentence of Section 3 of the Development Agreement is amended to read as follows: “The Term of this Agreement shall run until December 31, 2033, exceptthat the Town’s obligation to provide funding pursuant to the terms ofSection 7 of this Agreement shall run until December 31, 2027.” b. Commence Construction: The first sentence of Section 7.1(a) of the Development Agreement is amended to read as follows: “Developer must commence construction of at least six (6) CommunityHousing units in the first phase of the Development by December 31, 2025.” c.Complete Construction: The first sentence of Section 7.1(b) of the DevelopmentAgreement is amended to read as follows: “Developer must Complete Construction of at least six (6) Community Housing units by December 31, 2026.” ATTACHMENT C 1st Amendment to Development Agreement – Hidden Valley Estates July 28, 2026 Page 2 of 6 2. Water Rights Dedication. Section 4.4 of the Development Agreement is deleted in its entirety. 3. Town Acknowledgement of Completed Developer Obligations. The Town hereby acknowledges Developer’s partial completion of its obligations under Section 4 of the Development Agreement as follows: a. Recordation of Subdivision Plat. Developer recorded that certain Final Plat of Hidden Valley Estates on September 7, 2023 under Reception No. 202312323 in full satisfaction of the requirement of Section 4.1 of the Development Agreement. b. Development Application for Community Housing: Developer submitted a complete Development Application for Community Housing in full satisfaction of the requirement of Section 4.2 of the Development Agreement. c. Public Improvements Agreement. Prior to commencing onsite construction, Developer executed and recorded that certain Public Improvements Agreement on September 7, 2023 under Reception No. 202312322, and rerecorded on September 8, 2023 under Reception No. 2023122397 and amendment thereto recorded August 5, 2025 under Reception No. 202510238 in full satisfaction of the requirements of Section 4.5 of the Development Agreement. 4. Town Obligations; Funding. Developer and the Town agree that Section 7.5 of the Development Agreement is hereby amended and restated in full as follows: “7.5 Under this Section 7, the Town intends to provide funds for the full Development in an amount not to exceed $1.7 million. Town shall appropriate an initial amount of $900,000 for nine (9) Units of Community Housing in 2026, which shall be available in accordance with the terms of this Agreement. The remaining $800,000 funds shall be subject to annual budget and appropriation by the Avon Town Council. The Avon Town Council may revise, increase, reduce, or rescind its commitment of the $800,000 of funds in its sole discretion.” 5. Town Obligations; Community Housing. Developer and the Town agree to the following additional changes within Section 7 of the Development Agreement. a. Section 7.2 of the Development Agreement is hereby amended to state in full as follows: “7.2 For purchasing individuals who request down payment assistance from the Town, the Town shall use the eligibility criteria set forth in the Town of Avon Community Housing Policies (ACHP), as may be amended from time to time by the Town in its sole discretion.” b. Section 7.3 of the Development Agreement is hereby amended to state in full as follows: ATTACHMENT C 1st Amendment to Development Agreement – Hidden Valley Estates July 28, 2026 Page 3 of 6 “Funds shall only be provided for the purchase of Community Housing deed restrictions for qualified buyers that meet the eligibility criteria set forth in the Town of Avon Community Housing Policies (ACHP), as may be amended from time to time by the Town in its sole discretion upon execution of the applicable Community Housing Deed Restriction, on a form prepared and approved by the Avon Town Attorney.” c. Section 7.4 of the Development Agreement is hereby amended to state in full as follows: “The amount of funds available for eligible purchasers of each residential unit under this Section 7 shall be limited to 12% of the purchase price or appraised value (whichever is less) and shall not exceed a maximum amount of $100,000 per residence.” 6. Community Housing Deed Restrictions. Developer and the Town agree to the following, as it relates to Section 8, Exhibit B and Exhibit C of the Development Agreement. a. Section 8.1 of the Development Agreement is hereby amended to state in full as follows: “Developer may elect to sell and convey residential units to qualified buyers that receive funds from the Town subject to the execution and recordation of a form of a Community Housing Deed Restriction prepared and approved by the Avon Town Attorney which is consistent with the terms of this agreement and Chapter 3.14 of the Avon Municipal Code and which incorporates the Avon Community Housing Policies (ACHP).” b. Section 8.2 of the Development Agreement is hereby amended to state in full as follows: “Developer may elect to use residential units for occupants that meet the ACHP definition of Eligible Household or convey to a third party with a deed restriction that restricts use and occupancy of the residential unit to such an Eagle County Employee, subject to a Community Housing Deed Restriction that is executed and recorded prior to occupancy and upon conveyance to a third party, which is on a form of deed restriction prepared and approved by the Avon Town Attorney which is consistent with the terms of this subsection, this Agreement and which references and incorporates the ACHP. No funds shall be provided by the Town as a condition of executing and recording such a deed restriction, as set forth and explained in this subsection. The tax and fee waivers set forth in Section 5 shall be the only consideration for the obligation of Developer to execute and record such Deed Restriction. The execution and recording of such Deed Restriction shall be a condition to the use and occupancy of such residential units.” ATTACHMENT C 1st Amendment to Development Agreement – Hidden Valley Estates July 28, 2026 Page 4 of 6 c. EXHIBIT B: BUYER-OCCUPANT DEED RESTRICTION is hereby deleted and repealed in its entirety. d. EXHIBIT C: EAGLE COUNTY EMPLLOYEE DEED RESTRICTION is hereby deleted and repealed in its entirety. 7. Defined Terms. Except as otherwise defined herein, terms that are defined in the Development Agreement shall have the same meanings when such terms are used in this Amendment. 8. Confirmation of Terms; Conflict. Except as specifically modified and amended by this Amendment, all of the terms, covenants, and conditions of the Development Agreement shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and the Development Agreement, the provisions of this Amendment shall control. 9. Modification. This Amendment may only be modified by subsequent written agreement of the parties hereto. 10. Governing Law and Venue. This Amendment shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 11. Counterparts. This Amendment may be executed in one or more counterparts, which when taken together shall constitute one original of this Amendment. 12. Recording; Binding Effect. This Amendment shall be recorded with the Eagle County Clerk and Recorder. The benefits and obligations of the parties under this Amendment shall run with the land, and shall be binding on, and enforceable by, each of the parties hereto and their respective heirs, successors and assigns, and any subsequent holder of an interest in the Improvements or in the Property. [signature pages follow] ATTACHMENT C WHEREFORE, the Town and the Developer have executed this Amendment as of the Effective Date. TOWN OF AVON, COLORADO BY: ____________________________________ ATTEST:____________________________ Tamra N. Underwood Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT C 1st Amendment to Development Agreement – Hidden Valley Estates July 28, 2026 Page 6 of 6 DEVELOPER: HIDDEN VALLEY DEVELOPMENT, LLC, a Colorado limited liability company By:________________________________ Steve MacDonald, Member STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of ___________________, 202___, by Steve MacDonald as Member of Hidden Valley Development, LLC. My commission expires: (S E A L) _____________________________________ Notary Public ATTACHMENT C Hidden Valley Estates July 23, 2026 Site Visit Photos Buildings A & B Foundation / Structural Progress Building Shell / Exterior Construction Interior Living Kitchen Bedroom Construction Highlights Site grading and infrastructure work continues. Building exteriors substantially complete on Bldg A & B Foundation work underway for additional structures. Interior finishes progressing, including flooring, cabinetry, drywall, and windows. July 23, 2026.Page 1 of 1 ATTACHMENT D 970.748.4106 csimmons@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Chase Simmons, Financial Analyst RE: Real Estate Transfer Tax Exemption Extension DATE: July 16, 2026 SUMMARY: This report presents a second reading of Ordinance 26-09. Council approved the first reading with no requested changes on June 9, 2026. The Real Estate Transfer Tax Exemption Application process is set forth in Avon Municipal Code (“AMC”) sections 3.12.070. Currently, a primary residence exemption application must be completed within four months of property acquisition unless the Finance Director finds good cause for a later filing. Applications arriving past the four-month deadline must be heard in front of Council. In 2024, Council approved multiple applications beyond four months but within one year. Therefore, a one year precedent has been set. Extending the deadline to one year streamlines the process and saves Staff and Council time and resources. Staff presents the following revisions to the application process. 1.Increase application deadline from 4 to 12 months. 2.Remove language allowing for later filing if “good cause” exists. BACKGROUND: Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was only available to a person who met the definition of an “Eagle County Employee”. This change was intended to support working full-time residents who currently owned a primary residence in Avon but desired to purchase a larger residence to reflect residential needs and preferences during various life stages. In 2019, Council adopted AMC Section 3.12.060(19) by Ordinance 19-05 establishing a third primary residence exemption in the amount of $240,000. Ordinance 19-05 also renumbered the Primary Residence Exemptions to (17), (18) and (19). The section (19) exemption requires the purchaser to commit to using the property as a primary residence for three years, as opposed to the one year primary residence requirement for Section (17) and (18) exemptions. Section (19) also caps the purchase price of the home at $700,000. Since 2018, the Town has approved 190 primary residence exemptions. However, this number is trending down on a year over year basis. [2018 = 54; 2019=46; 2020=22; 2021=33; 2022=25; 2023=10]. Only 11 of the approved exemptions elected the Section (19) exemption since it was adopted in 2019. Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee and Primary Residence as follows: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for 970.748.4106 csimmons@avon.org income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the applicant's application for exemption. FINANCIAL CONSIDERATIONS: None. This revision is clerical. PROPOSED MOTION: “I move to approve Second and Final Reading of Ordinance 26-09, Amending Chapter 3.12.070 Real Property Transfer Tax Application for Exemption - Appeal.” Thank you, Chase ATTACHMENT A: Ordinance No. 26-09 ATTACHMENT A ORDINANCE 26-09 AMENDING CHAPTER 3.12.070 REAL PROPERTY TRANSFER TAX APPLICATION FOR EXEMPTION - APPEAL WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town, the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Town Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and WHEREAS, the Town Council finds that amendments to the Avon Municipal Code will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the Ordinance and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment of Section 3.12.070 – Application for exemption - appeal. Section 3.12.070 of the Avon Municipal Code is hereby amended as follows: “3.12.070 (a) Application required. No transfer of real property shall be exempt from the imposition of the real estate transfer tax imposed in Section 3.12.030 unless a complete application for exemptions is filed with the Town and such application is approved by the Ord. 26-09 Amend RETT Exemption Appeals Process July 28, 2026 Page 2 of 4 Town. An application may be filed no more than seventy-five (75) days prior to a transfer of real property. or within seventy-five (75) days after the transfer of real property. No application for exemption from real property transfer tax shall be received and no such application shall be approved if submitted to the Town more than four (4) twelve (12) months after the date of transfer., unless the Finance Director finds good cause exists for a later filing. Notwithstanding the foregoing, an application for exemption for low and moderate income housing projects pursuant to Section 3.12.060(14) must be submitted and approved prior to the transfer of real property and no such application for exemption pursuant to Section 3.12.060(14) may be received or approved after the transfer of real property. Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval. Section 5. Non-Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid or held to be in conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or Ord. 26-09 Amend RETT Exemption Appeals Process July 28, 2026 Page 3 of 4 affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord. 26-09 Amend RETT Exemption Appeals Process July 28, 2026 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 9, 2026 and setting such public hearing for July 28, 2026 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 28, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney 970-748-4413 matt@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Director of Community Development RE: First Reading of Ordinance 26-06 Construction Noise Regulations DATE: July 22, 2026 SUMMARY: The attached Ordinance (“Attachment A”) includes construction noise controls for construction activities in Town. This Ordinance was requested by Council in response to construction noise complaints received last year. Noise that results from pile driving equipment (“Driven Piles”) that emit frequent but non-continuous noise are addressed. The Ordinance was discussed at the May 12, 2026 meeting, and continued again from the June 9, 2026 meeting. The Ordinance (“Attachment A”) has evolved since the first review in 2025. Key components of the regulations include: - Decibel levels established, based on State Statute - 7:00 a.m. to 7:00 p.m. construction hours for Monday-Saturday carried over from current code - 9:00 a.m. to 6:00 p.m. construction hours for Sundays and holidays carried over from current code - Driven Piles is a defined activity with no use on weekends and limited to 9:00 a.m. to 6:00 p.m. - Construction that involves the use of Driven Piles must be identified during the permit review process. - Noise Suppression Plan is required for projects with Driven Piles. - Projects with Driven Piles required to physically post property at least two weeks prior to activities. - Avon Police Department responsible for enforcement. - “Non-Construction” hours clarified. - Violations are a civil enfraction – not criminal as previously drafted. The noise standards for construction activities are in alignment with Colorado Revised Statues (“CRS”) limitations (“Attachment B”) for Construction/Industrial noise levels. QUESTIONS/COMMENTS: At the May 12, 2026 meeting there were questions and dialogue that I have provided responses to here: Why was a 80 dB limit chosen for construction noise? The 80 dB limit was derived from CRS §25-12-103(5) – “Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project”. CRS §25-12-103(1) includes permissible sound levels for Residential (50-55 dB), Commercial (55-60 dB), Light Industrial (65-70 dB), and Industrial (75-80 dB). Can Avon be more restrictive than Colorado statutes? Yes. The Ordinance is drafted to be more restrictive for Driven Pile work. Can the dB limit for construction be lowered? Yes, lowering the decibel limit to 75 dB (or other agreed upon limit) is permissible. One reason construction noise is recognized separately from other sources (eg. Residential, commercial) is due to the unique and sometimes infrequent nature, and limited timeframe for construction projects. The Ordinance and CRS permit period 10 dB increases in noise Page 2 of 3 levels above the prescribed limits. Council may desire to lower the limit below 80 dB based on these periodic exeptions. Can the construction hours be modified and shortened? Yes. I do not recommend changing the 7:00am – 7:00pm construction hours as they are commonly regulated throughout the State of Colorado. I am proposing limiting Driven Pile use to Monday-Friday and 9:00 a.m. to 6:00 p.m. Is the Whole Foods/Skjol project using the same type of drilling as Bosk Apartments? No. Baffles or wall requirements for mitigation? Mitigation Plan is required “demonstrating reasonable measures to baffle or reduce noise emanating from Driven Piles.” Approval of the Mitigation Plan is intentionally left to the discretion of the Building Official. Clarify the Sundays and Holidays time requirements? Section 8.44.030(d) was updated to clarify that no audible construction noise is permissible outside regular construction hours. Clarify the process for complaints? Staff will continue to work on how complaints should be reported for a timely response. At the meeting it was suggested to contact the non-emergency dispatch number (970-479-2201). In addition to communicating this information on the Town’s website, adjacent property owners will be notified of the process as part of communication plans for projects that involve impact drilling. Complaints can be directed to www.avon.org/codeenforcement or the non-emergency dispatch number. General Contractor may need to be one responsible for notifying neighborhoods. This section has again been modified to require physical posting on project fence prior to activities. The Community Development staff can assist with communications (e.g. press releases) to neighborhoods if appropriate. BACKGROUND: Staff was asked to bring noise regulations to Council after the receipt of complaints related to construction noise last year. Construction activites that involve heavy-duty impact or vibratory hammers or drivers to push structural steel beams down to bedrock or to a design load were identified as the primary concern. A comprehensive noise abatement Oridnance was originally presented at the June 23, 2025 Council meeting. The drafted Ordinance included not only construction-related noise, but any audible noise (e.g. snow plowing, yard maintenance) which could be declared a public nuisance. Direction was provided to limit the Ordinance to only construction-related activities. OPTIONS: • Approve 1st Reading of Ordinance 26-06 as presented • Approve 1st Reading of Ordinance 26-06 with modifications • Continue 1st Reading of Ordinance 26-06 • Table Ordinance RECOMMENDATION: I recommend Council approve first reading of Ordinance 26-06 and set a public hearing for second reading on August 11, 2026. RECOMMENDED MOTION: “I move to approve first reading of Ordinance 26-06, repealing Chapter 8.44 of the Avon Municipal Code Regarding Indoor Face Covering Requirements and Replacing it with Construction Noise Regulations.”” Page 3 of 3 Thank you, Matt ATTACHMENT A: Ordinance 26-06 ATTACHMENT B: CRS 25-12-101 Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 1 of 8 ORDINANCE NO. 26-06 REPEALING CHAPTER 8.44 OF THE AVON MUNICIPAL CODE REGARDING INDOOR FACE COVERING REQUIREMENTS AND REPLACING IT WITH CONSTRUCTION NOISE REGULATIONS WHEREAS, pursuant to C.R.S. §§ 31-15-103 and 31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to C.R.S. §25-12-101, the Colorado General Assembly found that noise is a major source of environmental pollution which represents a threat to an individual’s serenity and quality of life; and WHEREAS, further, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt laws and ordinances within its police power in furtherance of the public welfare; and WHEREAS, section 8.24.085 of the Town’s Municipal Code previously provided a limitation on audible construction noise, but does not dictate acceptable, measurable noise levels; and WHEREAS, the Town Council finds it desirable and prudent to properly regulate construction noise in line with the Colorado Revised Statute’s limitations to protect the welfare of the public; and WHEREAS, C.R.S. § 25-12-108 establishes that the state statute regulating noise "shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article;" and WHEREAS, the Town no longer finds it necessary to have within the Town’s Municipal Code regulations regarding face covering requirements; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to repeal section 8.24.085, as well as repeal and reenact Chapter 8.44 of the Avon Municipal Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 2 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repeal and Reenactment of Chapter 8.44 to Title 8 of the Avon Municipal Code. Chapter 8.44, “Indoor Face Covering Requirements” is repealed in its entirely and reenacted in the Avon Municipal Code to read as set forth in Exhibit A: Repeal and Reenacted Chapter 8.44 To Title 8 of the Avon Municipal Code, attached hereto. Section 3. Repeal of Section 8.24.085 of the Avon Municipal Code. Section 8.24.085, “Limitation of construction activity” is hereby repealed in its entirety as set forth in Exhibit B: Repeal in its entirety Section 8.24.085 of the Avon Municipal Code, attached hereto. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 3 of 8 such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on July 28, 2026, and setting such public hearing for August 11, 2026 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August 11, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 4 of 8 EXHIBIT A REPEAL AND REENACTMENT OF CHAPTER 8.44 OF THE AVON MUNICIPAL CODE CHAPTER 8.44 – CONSTRUCTION NOISE REGULATIONS Section 8.44.010 Purpose. Section 8.44.020 Definitions. Section 8.44.030 Prohibition on Construction Noise. Section 8.44.040 Noise Suppression Plans for Driven Piles. Section 8.44.050 Sound level measurements. Section 8.44.060 Inspections. Section 8.44.070 Violation – Penalty. 8.44.010 Purpose. This Chapter is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the Town through the reduction, control and prevention of construction noise. It is the intent of this Chapter to establish standards that will eliminate and reduce unnecessary and excessive construction noise which is disturbing, harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business. 8.44.020 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings defined in this Section: “Construction activities” means any activity performed for the purpose of excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. “Construction equipment” means any equipment or mechanical apparatus operated by fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. “Decibel” means a logarithmic unit of measure often used in measuring magnitude of sound. The symbol is dB. “Driven Piles” means a type of pile-driving equipment or setup used to install piles into the ground by applying repeated impact, vibration, or hydraulic force to drive them to a required depth and load-bearing capacity.” ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 5 of 8 “Noise” means sound that is unwanted, and which causes or tends to cause annoyance and/or adverse physiological effects on human beings, or disturbs the peace and quiet of persons on a receptor premises. “Premises” means any building, structure, land, utility or portion thereof, including all appurtenances, and also includes yards, lots, courts, inner yards and properties without buildings or improvements owned or controlled by a person. “Property line” means that real or imaginary line and its vertical or horizontal extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, inclusive of the lines that separate units in a multiple-unit building. “Sound” means an oscillation in pressure, stress, particle displacement and particle velocity which induces auditory sensation. “Sound level meter” means an apparatus or instrument, including a microphone, amplifier, attenuator, output meter and frequency weighting networks, for the measurement of sound levels. The sound level meter shall be a design and have the characteristics of Type 2 or better instrument as established by the American National Standards Institute, Publication S1.4-1971, entitled Specification for Sound Level Meters, or its current successor publication. Section 8.44.030 Prohibition on Construction Noise. (a) Sound levels of noise from construction equipment and/or construction activities radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) between 9:00 a.m. and 6:00 p.m. shall constitute prima facie evidence that such noise is a public nuisance when occurring on Sundays and national holidays. (b) Sound levels of noise from construction equipment and/or construction activities radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) between 7:00 a.m. and 7:00 p.m. shall constitute prima facie evidence that such noise is a public nuisance when occurring on all other days, Monday through Saturday. (c) Driven Piles activity and/or equipment usage is limited to the hours between 9:00 a.m. and 6:00 p.m., Monday through Friday. Sound levels of noise from Driven Piles radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) shall constitute prima facie evidence that such noise is a public nuisance. ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 6 of 8 (d) During construction hours denoted in sections (a) and (b) above, noise levels may be increased by ten db(A) for a period of not to exceed fifteen minutes in any, one-hour period. (e) No person shall operate any construction equipment, nor conduct any construction activities that produces audible noise at a distance of twenty-five feet or more therefrom outside the prescribed timeframes in sections (a),(b), and (c) above; provided, however, that the Town may grant variances from the noise restrictions for construction equipment and/or construction activities if it can be demonstrated that a construction project will interfere with traffic if completed during daytime hours, or that other extenuating circumstances exist requiring relief from this prohibition; and further excepting the operation of municipal street sweeping equipment. Section 8.44.040 Noise Suppression Plans for Driven Piles. (a) When submitting a building permit application to the Building Official, the General Contractor shall submit a Noise Suppression Plan, demonstrating reasonable measures to baffle or reduce noise emanating from the use of Driven Piles. The Noise Suppression Plan shall include a schedule with the date, time, location of equipment usage, type of equipment, and anticipated duration for use of Driven Piles. The Building Official shall approve a Noise Suppression Plan prior to the issuance of a building permit. (b) The schedule prepared pursuant to the Noise Suppression Plan shall be posted on the construction site notice board and/or attached to the exterior fence of the construction site property at least fourteen (14) days prior to use of Driven Piles and prepared on at least a one (1) square foot in size paper with lettering that is at least one (1) inch in height. The purpose of the posted schedule is to give notice of the date, times, and duration of Driven Piles to surrounding property owners and managers. The schedule shall include the contact information for the Construction Site Superintendent and/or Construction Manager, as well as the non-emergency dispatch phone number as provided by the Building Official. Section 8.44.050 Sound level measurements. Sound level measurements made pursuant to this Chapter shall be made with a sound level meter of standard design using the weighting network/scale. Section 8.44.060 Inspections. (a) For the purpose of determining compliance with the provisions of this Chapter, the Chief of Police or other designated Town representative shall be authorized to make inspection of all noise sources and to take measurements and tests whenever necessary to determine the volume and character of noise. If any person refuses or restricts entry and free access to any part of a premise, or refuses to allow the inspection, testing or noise measurement ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 7 of 8 of any activity, device, facility or motor vehicle where inspection is sought, the Town official seeking such access and/or testing may petition the Municipal Court for a warrant for inspection requiring that such person permit entry and free access to the subject premises without interference, restriction or obstruction at a reasonable time for the purpose of inspecting, testing or measuring noise. The Municipal Court shall have power, jurisdiction, and authority to enforce all orders issued under the provisions of this Chapter. (b) It is unlawful for any person to refuse to allow or permit Town officials charged with enforcing this Chapter free access to any premises when such official is acting in compliance with a warrant or court order issued by the Municipal Court. (c) It is unlawful for any person to violate the provisions of any warrant or court order requiring inspection, testing or measurement of noise or noise sources. (d) No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to interfere with any Town official performing his or her duties under this Chapter. Section 8.44.060 – Violation - Penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 8 of 8 EXHIBIT B REPEAL IN ITS ENTIRETY SECTION 8.24.085 AVON MUNICIPAL CODE Sec. 8.24.085 – Limitation of construction activity. Repealed Construction and excavation activity which produces audible noise at the property lines of the lot or parcel on which such activity is taking place shall be limited to between the hours of 9:00 a.m. and 6:00 p.m. on Sundays and national holidays, and between the hours of 7:00 a.m. and 7:00 p.m. on all other days. Any construction or excavation activity that produces audible noise at the property lines of the parcel containing such activity at times other than the hours defined in this Section shall be deemed a public nuisance. The Town Manager, or his or her designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the Town Manager, or his or her designee, to minimize impacts of the construction activities. ATTACHMENT A 25-12-101. Legislative declaration. The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance. 25-12-102. Definitions. As used in this article, unless the context otherwise requires: (1)“Commercial zone” means:(a)An area where offices, clinics, and the facilities needed to serve them are located;(b)An area with local shopping and service establishments located within walking distances of theresidents served;(c)A tourist-oriented area where hotels, motels, and gasoline stations are located;(d)A large integrated regional shopping center; (e)A business strip along a main street containing offices, retail businesses, and commercial enterprises;(f)A central business district; or (g)A commercially dominated area with multiple-unit dwellings. (2)“db(A)” means sound levels in decibels measured on the “A” scale of a standard sound level meter having characteristics defined by the American national standards institute, publication S1. 4 - 1971. (3)“Decibel” is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of theratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton’s/meter squared). Asan example of the effect of the formula, a three-decibel change is a one hundred percent increase ordecrease in the sound level, and a ten-decibel change is a one thousand percent increase or decreasein the sound level.(4) (a)“Industrial zone” means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural, horticultural, or floricultural operations. (b)Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation. (5)“Light industrial and commercial zone” means: (a)An area containing clean and quiet research laboratories; (b)An area containing light industrial activities which are clean and quiet; (c)An area containing warehousing; or (d)An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (5.2) “Motorcycle” means a self-propelled vehicle with not more than three wheels in contact with the ground that is designed primarily for use on the public highways. (5.4) “Motor vehicle” means a self-propelled vehicle with at least four wheels in contact with the ground that is designed primarily for use on the public highways. (5.6) “Off-highway vehicle” means a self-propelled vehicle with wheels or tracks in contact with the ground that is designed primarily for use off the public highways. “Off-highway vehicle” shall not include the following: (a)Military vehicles; (b)Golf carts; (c)Snowmobiles; (d)Vehicles designed and used to carry persons with disabilities; and (e)Vehicles designed and used specifically for agricultural, logging, firefighting, or mining purposes. ATTACHMENT B (6) “Residential zone” means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. “Residential zone” includes hospitals, nursing homes, and similar institutional facilities. (7) “SAE J1287” means the J1287 stationary sound test or any successor test published by SAE international or any successor organization. (8) “SAE J2567” means the J2567 stationary sound test or any successor test published by SAE international or any successor organization. (9) “Snowmobile” means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off the public highways. “Snowmobile” shall not include machinery used strictly for the grooming of snowmobile trails or ski slopes. 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. ATTACHMENT B (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the “Public Utilities Law”, articles 1 to 7 of title 40, C.R.S. (b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12). (c) For the purposes of this section: (I) “Electric transmission facility” means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts. (II) “Rights-of-way for electric transmission facilities” means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility. 25-12-104. Action to abate. Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section 34-32.5-103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article. ATTACHMENT B 25-12-105. Violation of injunction - penalty. Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. 25-12-106. Noise restrictions - sale of new vehicles. (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue: (a) Any motorcycle manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (b) Any motorcycle manufactured on or after January 1, 1973 86 db(A); (c) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (d) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 1973 86 db(A); (e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 86 db(A); (f) Any other motor vehicle manufactured after January 1, 197 84 db(A). (g) (Deleted by amendment, L. 2008, p. 2102, § 2, effective July 1, 2010.) (2) Test procedures for compliance with this section shall be established by the department, taking into consideration the test procedures of the society of automotive engineers. (3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section commits a civil infraction. 25-12-107. Powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the “A” scale on a standard sound level meter having characteristics established by the American national standards institute, publication S1.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified in this section: (a) Any motor vehicle with a manufacturer’s gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a low-power scooter: Speed limit of 35 mph or less Speed limit of more than 35 mph but less than 55 mph (I) Before January 1, 1973 88 db(A) 90 db(A) (II) On and after January 1, 1973 86 db(A) 90 db(A) ATTACHMENT B (b) (Deleted by amendment, L. 2008, p. 2102, § 3, effective July 1, 2010.) (2) The governing board shall adopt resolutions establishing any test procedures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer’s name and manufacturer’s gross vehicle weight rating shall be considered as having a manufacturer’s gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds. 25-12-108. Preemption. Except as provided in sections 25-12-103 (12) and 25-12-110, this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article. 25-12-109. Exception - sport shooting ranges - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that the imposition of inconsistent, outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific, designated qualifications work to the detriment of the public health, welfare, and morale as well as to the detriment of the economic well-being of the state. The general assembly further finds, determines, and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. As the gain associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs any gains associated with enforcing noise regulations against such ranges, the general assembly further declares that the provisions of this section, as enacted, are a matter of statewide concern and preempt any provisions of any law, ordinance, rule, or order to the contrary. (2) As used in this section, unless the context otherwise requires: (a) “Local government” means any county, city, city and county, town, or any governmental entity, board, council, or committee operating under the authority of any county, city, city and county, or town. (b) “Local government official” means any elected, appointed, or employed individual or group of individuals acting on behalf of or exercising the authority of any local government. (c) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity. (d) “Qualifying sport shooting range” or “qualifying range” means any public or private establishment, whether operating for profit or not for profit, that operates an area for the discharge or other use of firearms or other equipment for silhouette, skeet, trap, black powder, target, self-defense, recreational or competitive shooting, or professional training. (3) Notwithstanding any other law or municipal or county ordinance, rule, or order regulating noise to the contrary: (a) A local governmental official may not commence a civil action nor seek a criminal penalty against a qualifying sport shooting range or its owners or operators on the grounds of noise emanating from such range that results from the normal operation or use of the qualifying shooting range except upon a written complaint from a resident of the jurisdiction in which the range is located. The complaint shall state the name and address of the complainant, how long the complainant has resided at the address indicated, the times and dates on which the alleged excessive noise occurred, and such other information as the local government may require. The local government shall not proceed to seek a criminal penalty or pursue a civil action against a qualifying sport shooting range on the basis of such a noise complaint if the complainant established residence within the jurisdiction after January 1, 1985. (b) No person may bring any suit in law or equity or any other claim for relief against a qualifying sport shooting range located in the vicinity of the person’s property or against the owners or operators of such range on the grounds of noise emanating from the range if: (I) The qualifying range was established before the person acquired the property; ATTACHMENT B (II) The qualifying range complies with all laws, ordinances, rules, or orders regulating noise that applied to the range and its operation at the time of its construction or initial operation; (III) No law, ordinance, rule, or order regulating noise applied to the qualifying range at the time of its construction or initial operation. 25-12-110. Off-highway vehicles. (1) An off-highway vehicle operated within the state shall not emit more than the following level of sound when measured using SAE J1287: (a) If manufactured before January 1, 1998 99 db(A); (b) If manufactured on or after January 1, 1998 96 db(A). (2) A snowmobile shall not emit more than the following level of sound when measured using SAE J2567: (a) If manufactured on or after July 1, 1972, and before July 2, 1975 90 db(A); (b) If manufactured on or after July 2, 1975 88 db(A). (3) (a) A person shall not sell or offer to sell a new off-highway vehicle that emits a level of sound in excess of that prohibited by subsection (1) of this section unless the off-highway vehicle complies with federal noise emission standards. A person shall not sell or offer to sell a new snowmobile that emits a level of sound in excess of that prohibited by subsection (2) of this section unless the snowmobile complies with federal noise emission standards. (b) For the purposes of this section, a “new” snowmobile or off-highway vehicle means a snowmobile or off-highway vehicle that has not been transferred on a manufacturer’s statement of origin and for which an ownership registration card has not been submitted by the original owner to the manufacturer. (4) This section shall not apply to the following: (a) A vehicle designed or modified for and used in closed-circuit, off-highway vehicle competition facilities; (b) An off-highway vehicle used in an emergency to search for or rescue a person; and (c) An off-highway vehicle while in use for agricultural purposes. (5) A person who violates this section commits a civil infraction. (6) No municipality or county may adopt an ordinance or resolution setting noise standards for off- highway vehicles or snowmobiles that are more restrictive than this section. (7) (a) Nothing in this section shall be construed to modify the authority granted in section 25-12-103. (b) Nothing in this section shall be construed to authorize the test to produce a less restrictive standard than the J1287 stationary sound test or the J2567 stationary sound test published by SAE international or any successor organization. (8) The following shall be an affirmative defense to a violation under this section if the off-highway vehicle or snowmobile: (a) Was manufactured before January 1, 2005; (b) Complied with federal and state law when purchased; (c) Has not been modified from the manufacturer’s original equipment specifications or to exceed the sound limits imposed by subsection (1) or (2) of this section; and (d) Does not have a malfunctioning exhaust system. ATTACHMENT B Managed by Eagle River Water & Sanitation District 846 Forest Road | Vail, Colorado 81657 | 970.477.5451 | erwsd.org GOVERNED BY: The Metropolitan Districts of: Arrowhead Beaver Creek Berry Creek EagleVail Edwards The Town of Avon TO Board of Directors FROM Liz S. Miller, Government Affairs Administrator DATE Jul. 17, 2026 SUBJECT Summary of Jun. 25, 2026, Board Meeting The following is a summary of items discussed at the Authority’s Jun. 25, 2026, regular Board meeting. Directors present were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Joanna Kerwin, Michael Towler, and Tamra Underwood. Resolution No. 2026-07: A Resolution Repealing and Readopting a Water Dedication Policy, Repealing the Unallocated Water Policy, and Amending Title 10 of the Rules and Regulations Resolution No. 2026-08: Amending the Rules and Regulations to Include Wildfire Mitigation and Suppression Systems GM/CEO Update The Resolution repealed and readopted the Water Dedication Policy, repealed the Unallocated Water Policy, and incorporated its provisions into the readopted Water Dedication Policy, confirmed the cash-in-lieu payment of $96,195 per consumptive acre-foot of water, and included the water cancellation and retainage fees. These actions were included in the Rules and Regulations to consolidate all related policies and fees into one location. The updated Water Dedication Policy creates a structured, four-step water reservation and commitment process; formally manages unallocated water as part of an integrated supply portfolio; and includes cost-recovery procedures. The amendment to the Rules and Regulations requires review of exterior wildfire mitigation and suppression systems to ensure they comply with the Rules and Regulations and are unconnected to the public water system. Eagle County staff and local fire protection districts expressed support for this requirement. Ms. Roman reported that the Authority and District remain focused on the community's response to Stage III water shortage conditions, expressing appreciation for the demonstrated community awareness and change in water use. She also reported on the Jun. 23 Eagle Park Reservoir Company Shareholder meeting, noting the introduction of Vail Mountain's Vice President and Chief Operating Officer, Shaydar Edelmann. Managed by Eagle River Water & Sanitation District 846 Forest Road | Vail, Colorado 81657 | 970.477.5451 | erwsd.org Minturn Siphon Project Edwards Wastewater Treatment Facility Biosolids Containment Facility Hillcrest Roundabout Irrigation Account West Riverview Townhomes Conditional Capacity to Serve Letter Bolts Lake Traer Creek Historical Consumptive Use Lease Agreement Staff provided background on the Minturn dual inverted siphon rehabilitation project, including project scope, schedule adjustments made to avoid conflicting with a concurrent Town bridge project, and traffic impacts and resident outreach. Staff reviewed construction progress toward the Regulation 85 compliance deadline of Jan. 1, 2029, for reducing phosphorus and nitrogen in plant discharge, covering completed early work, ongoing construction of aeration basins and a chemical building, and upcoming milestones. Staff reported on facility operations, the partnership with the Eagle County Landfill to use biosolids as landfill cap material, and replacement of aging equipment. The Board approved the new permit for an irrigation-only account for the Edwards Metropolitan District at the Hillcrest Roundabout, noting the application reflected an efficient use of water. The Board directed staff to proceed with updating the conditional capacity to serve letter for the West Riverview Townhomes. Staff reported that the 60% design drawings are complete and currently being priced; the state has approved test excavation and material crushing activities onsite; and there will be a special joint meeting of the Authority and District in August to review the Bolts Lake project. The Board directed staff to proceed with a lease agreement with EMD Limited Liability Company, the developer of the Traer Creek area. The one- year lease of 96.6 acre-feet of historical consumptive use credits, which could provide approximately 36 acre-feet of additional augmentation, is for this summer only. DDA SPECIAL MEETING MINUTES MONDAY, JUNE 29TH, 2026 VIRTUAL VIA MICROSOFT TEAMS 1. Roll Call The special meeting was called to order virtually at 4:06 p.m. DDA Board Chair Tony Emrick presided over the meeting. Present: Board Members Tony Emrick, Rob Tartre, Lisa Mattis, Chris Neuswanger, Scott Tarbet, Matt Fitzgerald. There was a quorum with 6 Board members present. Board Member Wayne Hanson joined after the roll call at 4:08 p.m. Absent: Board Members Gregg Cooper, Marcus Lindholm, Brandt Marott and Councilor Chico Thuon Staff: Town Manager Eric Heil, Chief Finance Officer Paul Redmond, Financial Analyst Chase Simmons and Chief Administrative Officer Ineke de Jong. 2. Approval of Agenda There was no opposition to approval of the agenda. 3. Disclosure of Any Conflicts of Interest Related to Agenda Items No conflicts of interest were disclosed. 4. Public Comment There was no public comment. 5. Business Items 5.1 INTERGOVERNMENTAL AGREEMENT BETWEEN AVON URBAN RENEWAL AUTHORITY, AVON DOWNTOWN DEVELOPMENT AUTHORITY, AND AVON STATION METROPOLITAN DISTRICT (Chief Finance Officer Paul Redmond) Paul Redmond presented and explained the Intergovernmental Agreement. Eric Heil provided additional details regarding the agreement. 1. The board asked how funds coming in and going out would be accounted for. 2. The board asked about the estimated annual TIF revenue. Eric Heil explained that budget reporting would be provided. Paul Redmond explained that the estimated annual revenue is approximately $722,000 through 2033. Eric Heil further explained that, after 2033, the DDA will stop capturing debt mills, which is estimated to generate approximately $513,000 per year from 2034 through 2054. DDA Board Chair Tony Emrick made a motion stating, “I move to approve the Intergovernmental Agreement between the Avon Urban Renewal Authority, the Avon Downtown Development Authority, and Avon Station Metropolitan District concerning the remittance of tax increment revenues until 2054.” Board Member Lisa Mattis seconded the motion. DDA SPECIAL MEETING MINUTES MONDAY, JUNE 29TH, 2026 VIRTUAL VIA MICROSOFT TEAMS The vote was taken by roll call. Votes in favor were recorded from Lisa Mattis, Rob Tartre, Chris Neuswanger, Scott Tarbet, Wayne Hanson, Matt Fitzgerald and Tony Emrick. No opposition was recorded, and the motion passed unanimously among the seven Board Members present. 6. Minutes There was no opposition to approval of the June 1 Meeting Minutes. 7. Adjournment DDA Board Chair Emrick adjourned the meeting at 4:21 p.m. Respectfully submitted by: Chase Simmons Financial Analyst 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. 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, July 13, 2026 Public Meeting Begins at 5:30 PM TEAMS LINK: https://teams.microsoft.com/meet/240853380295912?p=HHV4SWKKx5pEP5QQic To join meeting via phone, dial (945) 468-5504 and enter conference ID: 477 057 969# 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, Elizabeth Waters, Nancy Tashman and Nicole Murad were present. Commissioner Rick Sudekum was absent. Also present were Planning Manager Jena Skinner, Planner II Claire Perez, Housing Planner Patti Liermann, Community Development Director Matt Pielsticker. 2. Approval of Agenda ACTION: Commissioner Christianson made a motion to approve the agenda. Commissioner Hansen seconded the motion, and the motion passed unanimously 6-0. 3. Disclosure of any Conflicts of Interest or Ex-Parte Communication Related to Agenda Items 4. Public Comment – Comments are Welcome on Items Not Listed on the Following Agenda Public Comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Planning and Zoning Commission approval. 5. Public Hearing 5.1. MNR26-010 Exterior Remodel at 5580 Coyote Ridge – Claire Perez, Planner II ACTION: Commissioner Tashman made a motion to approve the application with conditions recommended by staff, with an added condition that materials as represented by the architect will be carried over to the building permit process, specifically related to recommended lighting changes. Commissioner Murad seconded the motion, and the motion passed unanimously 6-0. 5.2. CPA26-001 Community Housing Plan Updates (continued from June 22 meeting) – Jena Skinner, Planning Manager ACTION: Commissioner Waters made a motion to recommend approval of CPA26-001, with a recommendation to include stronger language in the housing plan that supports extremely low income, very low income, and low income households and addresses environmental and climate justice. Commissioner Tashman seconded the motion, and the motion passed unanimously 6-0. 6. Consent Agenda 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. 6.1. June 22, 2026 Planning and Zoning Commission Meeting Minutes ACTION: Commissioner Sipes abstained from the vote since he was not present for the June 22 meeting. Commissioner Tashman made a motion to approve the meeting minutes. Commissioner Hansen seconded the motion, and the motion passed unanimously 5-0. 7. Future Meetings 7.1. July 27, 2026 7.2. August 10, 2026 8. Recently Approved Applications 9. Staff Updates 10. Adjourn The meeting was adjourned at 7:44 PM APPROVED: CHAIRPERSON 970-748-4021 pmckenny@comcast.net TO: Honorable Mayor and Town Council FROM: Patty McKenny, Deputy Town Manager RE: Town of Avon Grants Program Update DATE: July 17, 2026 SUMMARY: The purpose of the written report is to provide an update about the town’s grant program and show the status of activity since December 2025 when the last report was submitted to Town Council. The Town of Avon maintains a robust and diverse grant portfolio supporting transportation, housing, infrastructure, sustainability, public safety, and community development initiatives. Total grant funding awarded to date exceeds $15.69 million, leveraging approximately $3.28 million in Town matching funds. The portfolio demonstrates strong success in securing competitive state and federal funding while advancing several strategic Council priorities, including transit expansion, affordable housing, infrastructure investment, downtown revitalization, and sustainability initiatives. The program worksheet has been updated by various departments involved and is summarized in Attachment A. Town staff continue to seek opportunities for funding although there have been some challenges in recent years. This is submitted as a written report and no action by Council is requested. BACKGROUND: The Town Manager’s Office has established a formal grant administration program to secure funding for town projects. The Town of Avon works with Sustainable Strategies (S2) for grant search and writing services. Staff meet with S2 regularly to assess opportunities based on priorities and competitiveness. STATE AND FEDERAL GRANT PROGRAMS: Town staff are actively seeking state and federal grants with S2 to support the town’s capital projects and initiatives. Grant funding remains highly competitive and unstable due to federal freezes and state budget constraints, creating uncertainty for local governments. However, the Town has been fortunate with success in securing grant funding that has positively leveraged town investments with grant funding, as shown below. AVON’S GRANT PROGRAM HIGHLIGHTS: Please see Attachment A for the status of the Town’s grant funded programs with highlights below. Active Grant Applications: The Town currently has three active grant applications under review totaling approximately $2.997 million in potential funding. The Proposition 123 application represents the most significant current funding opportunity and directly supports the Town's long-term community housing strategy. • $2.9 million Proposition 123 Land Banking Grant to acquire 78 acres of State Land Board property for development of more than 300 community housing units. • $40,000 CDOT Planning Grant to evaluate expansion opportunities at Avon Station. • $56,970 Public Safety Drone Grant to enhance emergency response capabilities for Avon Police Department. Completed Grants: Several notable projects have been successfully completed and closed out. The US-6 Safety & Mobility Improvements Project represents one of the Town's largest successfully completed grant- funded infrastructure projects. • US-6 Safety & Mobility Improvements Project ($4.8 million grant). Page 2 of 3 • Eaglebend Pocket Park Revitalization Project ($375,000 grant). • Avon Road Pedestrian Crossing Beacon Improvements ($676,000 grant). • Transit Planning Grant resulting in completion of the Town's 10-year Transit Plan. • Regional Housing Needs Assessment completed and accepted by DOLA. Active Grants/Projects in Progress: There are currently 17 awarded grants across multiple departments addressing strategic initiatives including transit, housing, infrastructure improvements, and sustainability. The Town Manager’s Office and Community Development team have been active with the offerings from Dept. of Local Affairs (DOLA) related to Proposition 123, a statewide ballot measure approved by voters in November 2022. The measure created the State Affordable Housing Fund and dedicated a portion of state revenue to affordable housing programs across Colorado. These funds are split 60/40 between the Office of Economic Development and International Trade (OEDIT) and the Department of Local Affairs (DOLA) through its Division of Housing (DOH), respectively. OEDIT manages the Affordable Housing Financing Fund in partnership with the Colorado Housing and Finance Authority (CHFA), which serves as Contract Administrator. DOH manages the Affordable Housing Support Fund, webpage with program summary: Proposition 123 - Colorado Affordable Housing Financing Fund | Colorado Office of Economic Development and International Trade. Programs funded include the following: • Land acquisition for future affordable housing developments • Affordable rental housing projects • Affordable homeownership assistance • Low-cost financing and equity investments for housing developers • Grants to help local governments increase housing capacity and speed up development reviews • Some homelessness and housing-support services A key feature is that local governments must make a housing commitment, such as increasing affordable housing and implementing faster review processes for affordable housing projects—to access Proposition 123 funding programs after December 31, 2026. The Town completed the “Regional Housing Needs Assessment” in 2025 (included on Attachment A) with acceptance from DOLA, a study that provides overall housing needs for Avon. In addition to the approved Housing Needs Assessment (HNA), the Town will submit materials to Town Council in the coming months to achieve the requirements of the “faster review processes” outlined by the program. The Town has been active with two applications falling under the Prop 123 umbrella: Prop 123 Land Banking: Provides grants to local governments and loans to non-profit organizations to acquire and preserve land for the development of affordable housing. (Funding up to $5 million in Land Banking Program to serve rental households at or below 60% AMI or homeownership households with an annual income at or below 100% AMI). Town of Avon application has been submitted for $2.9 M funding request to support purchase of State Land Board Property. Prop 123 Waiver: The fee waiver application will be submitted in the near future and will request consideration be given to the AMI levels currently set for eligibility of funding for affordable housing projects. Currently the AMI is set between 60% and 100% for affordable housing projects (rent or Page 3 of 3 ownership) which does not accommodate the affordable housing needs for residents of Eagle County. Countywide job data from the HNA validates that most households in Avon will exceed the 60% AMI threshold making them ineligible for traditional assistance. Avon is requesting a Prop 123 income limit waiver to serve residents who are being left behind by the traditional affordable housing model due to relatively high wage rates in the Town. The request for increasing the Prop 123 income limit to 100% for renters and 140% for homeownership will allow Avon to serve the greatest number of residents. FINANCIAL CONSIDERATIONS: The 2026 budget includes funds to continue supporting the retainer arrangement with S2 for their advocacy and grant writing services. Project teams for grant submittals and administration typically include the points of contact from the department, the town manager’s office, and a finance staff member. Staff will present updates to the budget as grant funds are awarded. TOWN MANAGER RECOMMENDATION OR COMMENTS: PROPOSED MOTION: No motion is required as this is a written report only. Thank you, Patty ATTACHMENT A: Summary of Grant Programs ATTACHMENT A Town of Avon, Colorado Federal and State Grants Summary (1)Project Name & Purpose (2)Funding Agency (3)Award Amount (4)TOA Match (5)Status | Notes ACTIVE GRANT APPLICATIONS WITH AGENCIES 1 CDOT (5304) Planning Grant2026 Grant: Expanding Avon Station Colorado Dept. of Transportation (CDOT) 40,000$ 10,000$ The funding would cover costs related to planning for expanding Avon Station area for transit services.UPDATE: Application Submitted 2 Prop 123 Land Banking Funding up to $5 million in Landbanking Program to serve rental households at or below 60% AMI or homeownership households with an annual income at or below 100% AMI Dept. of Local Affairs (DOLA) 2,900,000$ NA The funding would support purchase of State Land Board land for community housing; UPDATE: Application Submitted May 20, 2026. The Town applied for $2.9 million to purchase 78 acres from the State Land Board for development of 300+ Community Housing units. 3 Aerial Incident Response Enhancement Initiative (UAS/Drones)Office of Adult and Juvenile Justice Assistance (OAJJA) 56,970$ -$ The Grant would provide funding for the purchase of a drone for APD.UPDATE: Application Submitted 7/10/26 (Presentations August 2026 with decisions announced in October 2026). Award period is April 1, 2027 through March 31, 2028. COMPLETED PROJECTS FUNDED WITH GRANTS 1 CDOT 5304 Planning Grant2023 Grant: Funding for drafting a 10 year Town of Avon Transit Plan Colorado Dept. of Transportation (CDOT)40,000$ 10,000$ UPDATE: Funds Awarded and Project Plan Completed 2 CDOT 5311 Transit Operations 2026 Grant: Funding for Annual Transit Operations Colorado Dept. of Transportation (CDOT)268,517$ -$ UPDATE: Funds Awarded and Applied to Tranist Operations 3 Community Impact Fund Revitalize Eaglebend Pocket Park Grant Award: 2023; Expires: 2026 Great Outdoors Colorado (GOCO) 375,000$ 456,000$ UPDATE: Eaglebend Pocket Park Ribbon Cutting Celebration on June 16 2026Final Report Submitted to GOCO June 30, 2026 4 More Housing NOW and Land Use InitiativesAvon Eagle County Regional Housing Action Plan EIAF 9716 Grant Award: November 17, 2023; Expires: November 30, 2025 Dept. of Local Affairs (DOLA) State Energy / Mineral Impact Assistance Fund(EIAF) 160,000$ 24,000$ The Project included preparing a Housing Needs Plan for Eagle County and six (6) municipalities in the Eagle River basin in Eagle County.UPDATE: Project completed and DOLA accepted the Regional Housing Needs Assessment in November 2025 5 CDOT Grant Avon-US6 Safety & Mobility Improvements Project Colorado Department of Transportation (CDOT) 4,800,000$ 535,000$ UPDATE: Construction Completed. Landscaping will be completed in spring 2027 due to drought conditions. Final Closeout with CDOT 6 Highway Safety Improvement Program (HSIP)Avon Road Pedestrian Crossing Beacons Colorado Department of Transportation (CDOT) 676,000$ 578,000$ UPDATE: Construction Completed; Final Close out with CDOT GRANT AWARDED | PROJECTS IN PROGRESS 1 CDOT / FTA Grant Program (5339)2023 Grant: Replace Bus with Hybrid Bus Colorado Dept. of Transportation (CDOT)776,000$ 194,000$ UPDATE: PO Complete; ETA 7/2027 2 CDOT Grant Program (5339) 2024 Grant: Fleet Lift Replacement CDOT Capital Grant 256,000$ 64,000$ UPDATE: Drafting RFP for installation & construction 3 CDOT / FTA Grant Program (5339)2024 Grant: Purchase of 2 EV Buses CDOT & Federal Transportation Authority 2,799,986$ 271,320$ UPDATE: PO Completed; ETA 1/2027 Subject to Change Page 1 of 3 7/17/2026 ATTACHMENT A Town of Avon, Colorado Federal and State Grants Summary (1)Project Name & Purpose (2)Funding Agency (3)Award Amount (4)TOA Match (5)Status | Notes 4 CDOT Grant Program 2024 Grant: Bus Charging Equipment Colorado Dept. of Transportation (CDOT) 384,000$ 96,000$ UPDATE: RFP for installation & construction out for bid 5 DC Fast Chargers Plaza Program (DCFC)Colorado Energy Office 560,000$ 190,000$ UPDATE: Under contract for site design - ETA 5/2027 6 CDOT Capital Grant Program (5339) 2026 Grant: New Electric Buses CDOT Capital Grant 1,200,000$ 300,000$ UPDATE: Funds Awarded; Contract Pending 7 CTE- SB-230 Transit Expansion Grant - 2026 Grant: Application for adding a summer Avon-Beaver Creek connector similar to the Skier Shuttle CDOT-Clean Transit Enterprise $ 320,990 $ 106,010 UPDATE: Expanding transit service that includes summer Avon-BC Connector as well as expanded service during winter. Reimbursements for summer service has begun 8 CDOT 5311 Transit Operations 2027 Grant: Funding for Annual Transit Operations Colorado Dept. of Transportation (CDOT) $ 276,853 $ 106,010 UPDATE: Funds Awarded; Contract Pending 9 Colorado Energy Office (CEO) IMPACT Accelerator Grant Colorado Energy Office $ 431,000 16,260$ The funding supports building codes updates to all-electric by 2030 and supports electrification upgrades for residential and commercial buildings (implements rebate programs).UPDATE: The Grant was awarded to the cohort (including 9 other municipalities in Eagle and Pitkin County). Total Cohort Grant Award is $4,024,750 (Avon's share is $431K & Avon's match is $16,260 from the EEOP Fund) 10 Avon Geothermal Pre-Feasibility Study Grant Funded: June 17, 2026; Exp. Date: September 30, 2027 Dept. of Local Affairs (DOLA) State Energy | Mineral Impact Assistance Fund (EIAF) $ 25,000 25,000$ The Project consists of conducting a Town Wide Geothermal Pre-Feasibility Study for the Town.UPDATE: Grant was awarded June 17, 2026 and implementation will begin with drafting an RFP to find a consultant who will assist with the study. 11 APD Collaborative Crisis Response and Intervention Training Grant Colorado Division of Criminal Justice (DCJ) $ 19,782 -$ UPDATE: The grant was awarded in February. Crisis intervention training completed and implementation ongoing. Q2 reimbursement requested ($8801). 12 Law Enforcement Assistance Funding (LEAF) Grant Colorado Dept. of Transportation (CDOT) 5,618$ -$ UPDATE: Grant Awarded 6/12/26 for purchase of PBTs and mouthpieces. 13 Local Planning Capacity Grant Avon Phase II - Eagle County Regional Housing Authority Project LPC-24-027 Grant Award: August 20, 2024; Expires: January 31, 2027 Dept. of Local Affairs (DOLA) 160,000$ 40,000$ The Project includes reseach and regional exploration for the creation of a new regional housing authority, generally advancing affordable housing goals and achieving Proposition 123 requirements in the Town of Avon and Eagle County UPDATE: Avon and Eagle County have presented preliminary information to each local jurisdiction and key partner organizations. A community survey was completed in Spring 2026. The RHA team is reviewing those results and will begin a community education to address gaps in general understanding that were revealed in the survey. Subject to Change Page 2 of 3 7/17/2026 ATTACHMENT A Town of Avon, Colorado Federal and State Grants Summary (1)Project Name & Purpose (2)Funding Agency (3)Award Amount (4)TOA Match (5)Status | Notes 14 More Housing NOW and Land Use Initiatives (EIAF 25-034) Avon Sun Road Housing Conceptual Design & Fiscal Analysis Grant Award:March 5, 2025; Expires: March 31, 2027 Dept. of Local Affairs (DOLA) State Energy / Mineral Impact Assistance Fund (EIAF) 200,000$ 24,000$ The Project includes preparations for Conceptual Design and Fiscal Analysis of the Sun Road planning area.UPDATE: After soliciting proposals for design services Avon contracted with Lionheart Places, LLC. A Professional Services agreement was executed in October 2025. Redevelopment alternatives were evaluated over the winter months, and a traffic study was commissioned to redevelopment impacts on adjacent road intersections. All redevelopment options include at least 50% of the housing as deed restricted. A final conceptual redevelopment plan is scheduled for review by the Avon Downtown Development Authority, Planning and Zoning Commission, and Town Council this fall 15 Colorado Water Plan Grants Town of Avon’s Benchmark Reservoir Conservation Project - Design Phase for New Irrigation System Grant Award: 2023; Expires 2028 Colorado Water Conservation Board 60,000$ 20,000$ The Project includes design services for upgrading the irrigation system around Avon. UPDATE: Procurement completed; contract executed for design services to be completed this summer. (Vendor name: Irrigation Technologies) 16 Main Street LIVE: Livability Investments for Vibrant EconomiesMSL Avon Downtown Improvements (Harry A. Nottingham Park Restrooms and Park Area Infrastructure)EIAF 9772 Grant Award: January 28, 2024; Expires November 30, 2026 Dept. of Local Affairs (DOLA) State Energy / Mineral Impact Assistance Fund 1,000,000$ -$ The Project consists of design and construction of a downtown public park area including restrooms, pedestrian spaces, shelter, seating wall, landscaping creating a plaza areaUPDATE: Restroom Modulars were set on June 25, 2026. Exterior finish work is being completed. Estimated completion date is Oct 6, 2026. Final project costs will be compiled upon completion of the project. 17 CDOT Off-System Bridge GrantWBCB Bridge Deck and Drainage Repair Colorado Department of Transportation (CDOT) 895,302$ 223,826$ UPDATE: Notice of Award Schedule for 7/28/2026. Construction from mid-August to end of Oct 2026 TOTAL GRANT FUNDING AWARDED 15,690,048$ 3,279,426$ Total funding includes complete & active grants Subject to Change Page 3 of 3 7/17/2026 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 1 of 14 Town clerk Town of Avon 2026 Department Goals This document presents specific goals to be completed, or substantially completed, during 2026. The goals are identified by town departments and/or divisions.  Quarterly updates will be provided by department directors and managers.  Town Council will have an opportunity to review the information and provide direction on any revisions, deletions, or changes in priority.  The goals provide a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meeting.  The list is not comprehensive in nature and there will be ample opportunity to review and discuss other high-level priorities set by Town Council, including but not limited to housing, water, childcare, climate action, US Post Office and railroad monitoring. 2026 Department Goals General Government GENERAL GOVERNMENT COMMUNICATION & MARKETING 1. Post One Quarterly Engagement Project to ZenCity: Our Community Engagement Platform is underutilized and should be updated quarterly to keep content relevant. No work has been done on this project. Avon staff met with ZenCity representatives and effective August 2026 has terminated the contract due to underutilization and budget constraints. 2. Streamline Communications Platforms: Avon currently uses Civic Send, Mail Chimp and Constant Contact for communications, depending on department email lists and platform preferences. Staff will streamline external communication by consolidating existing platforms into a unified system, improving collaboration, reducing tool redundancy, and audience understanding. No work has been done on this project. Audiences are being consolidated in MailChimp – and more town staff have been added to the MailChimp account as users. Staff has reached out to procure pricing for 2027 software options to help determine the best provider. 3. Redesign Avon.org: Avon.org is the digital face of Avon, and where residents, guests, contractors and businesses go to get information. Best practice for government websites recommends redesigns every 5-7 years. The current version of Avon.org launched in 2017 and runs on the oldest platform supported by Civic Plus. A website redesign will enhance user experience for both staff and the general public. The new design can strengthen brand identity, address accessibility issues, improve 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 2 of 14 navigation and increase engagement through mobile optimization. Several meetings have been held with CivicPlus and design deliverables were delivered on March 27. An analytics meeting was held in late March to discuss what elements are most utilized on the current site. On April 15, we expect to receive design templates using our branded materials, logos and compelling imagery. CivicPlus has sent a mockup of the homepage and interior pages with a new design concept. Staff requested a few changes and CivicPlus is working through them. Final home page design will be completed by July 10. Videos are currently being created for the home page and all department header pages within the site. The target launch date is this fall. 4. Create Branded Templates for Staff: Develop a suite of professionally branded templates, including press releases, Council reports, and presentation templates to ensure consistent visual identity across all communications and improve team efficiency in content creation. Incorporate use of branded templates with Leadership Team trainings and request IT integrate with our Microsoft suite as possible. An Intranet page was created that includes a press release template, Avon Brand Guidelines, Branded colors, compelling photography, Avon Writing Style Guide and other resources. More templates will continue to be developed. No additional work has been done on this project. CULTURE, ARTS & EVENTS 5. Bronze Research: Research bronze casting artists and solicit general cost estimates for commissioning additional wildlife bronzes for round-abouts (Avon Road – Round-About 1 and Post Blvd Round-Abouts) and other locations (e.g. Pedestrian Mall gateway into Harry A. Nottingham Park). Research if Mother’s Pride is the right scale for Round-About 1 and look into the possible sale of Avon’s town-owned Sidewalk Society Bronze collection by Glenna Goodacre. No work has been done on this project. Staff will begin researching in late Q3. 6. Activating Lot B Commercial Space: Conduct inclusive community engagement process to develop programming and activation of potential ground level commercial space adjacent to Pedestrian Mall in the proposed Lot B apartment project. This will initially be referred to the Avon DDA and CASE Committee. [NOTE: Complete development application is pending and is estimated to be submitted in Q4 of 2025]. The CASE Committee joined the DDA meeting on February 2, 2026, to discuss the proposed Summit Apartments public amenities. Both groups echoed strong support for the Culture & Arts flex space, acknowledging both its community values and the need for further refinement on the details. Staff has received a proposal from ArtSpace to understand and define a space program and operational model that responds to the needs of the community while supporting (not duplicating) the broader creative space landscape. Staff will begin circulating the ArtSpace proposal to the Town Manager’s office and citizen’s committees to solicit feedback as needed. 7. Avon Library Expansion: Collaborate with Eagle Valley Library District to determine potential expansion and community uses of the Avon Library Branch. This goal would be to determine opportunities, demand, and interest of Avon Library Branch in expanding their building, potentially onto the 351 Benchmark Site. [NOTE: Potential Avon Library Expansion will be discussed at the September 23, 2025 Council meeting.] The Town Manager and ComDev have been in conversation with the Library District. The next step is signing an MOU which is scheduled to 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 3 of 14 be presented to Council on April 28. MOU was not presented to Council and pending Town Manager’s office direction; no additional updates. 8. Historical Ranching & Railroad Collection [Carryover from 2025]: Collaborate with Community Development Department to determine an appropriate location for placement of historical farm and ranching and railroad equipment and structures in a public park or plaza and develop content for interpretive and education information. While the events team has not worked on this project, they learned Mike Jackson and Gary Padilla have completed some tasks and events will be looped in when appropriate. No updates. SUSTAINABILITY 9. Commercial Composting Pilot Program Implementation and Evaluation: Building on the 2025 approval of the commercial composting pilot, staff will work on implementing the pilot in 2026. The pilot will collect data to evaluate the relative cost of hauling food waste vs. solid waste, the impact of solid waste volume, and long-term climate action goals like greenhouse gas reduction and water conservation. Staff will also determine the Town’s readiness for a commercial composting expansion. During Q1, two formal in-person visits, as well as on-demand supply drops, were conducted at all participating restaurants to support proper implementation of the commercial composting pilot. Contamination levels have remained very low, with only minor and isolated issues that were addressed immediately. Program participation expanded in late February with the addition of House of Vibes, Avon’s newest café. Compostable bags and supplies have been distributed as needed and tracked to inform ongoing budget management. Program capacity allows for a few more restaurants to join. A Q1 performance report (received March 30) shows 10.8 tons of organics collected since the start of the program, as well as low contamination and cooperative participation by restaurants. The report will be used both for C3 grant planning and public communications recognizing participating businesses. The commercial composting pilot continued to gain momentum during Q2, with ongoing participation from eight local businesses and two new participants joining the program. The program also completed the first return of finished compost to the community, with 25 cubic yards distributed between Northside Farm and Town operations. Staff is awaiting the Q2 report and planning for public recognition of participating restaurants. 10. Recycling Reinforcement & Compliance: With the Universal Recycling Ordinance now in its third year, Staff will shift focus from awareness-building to active performance improvement and compliance. In 2026, this will include conducting waste audits to identify underperforming waste streams and implementing an enforcement mechanism. Data will be tracked quarterly to evaluate waste diversion gains and pinpoint barriers to compliance. Commercial waste audit reports, completed in December 2025, were distributed to businesses in January, and follow-up outreach is ongoing to support recommended improvements. A key finding from the commercial audits is that diverting organic waste through composting would significantly improve overall diversion rates across the business community. For multifamily properties, audits are scheduled to continue into 2026. The Aspens was audited in February, and audits for Eaglebend and Buffalo Ridge (Buildings 1 and 2) are ongoing as of March. In conjunction to this, Staff is working on the Extended Producer Responsibility program reimbursement (approximately $5,850) to assist with our education & outreach effort needed for this goal. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 4 of 14 Waste audit efforts continued throughout Q2 as part of the Town's recycling compliance initiative. Eaglebend was completed during the quarter, leaving Buffalo Ridge 1 and 2 as the final properties pending assessment. Once all audits are completed, staff will prepare a comprehensive summary of findings to help inform future waste reduction, recycling, and education efforts. 11. Town-Wide Geothermal Feasibility Study (Phase I): Initiate a Phase I geothermal feasibility study to explore an innovative heating and cooling solutions for Town infrastructure and potential district applications. The study will assess hydrogeologic viability, topographic constraints, and heating/cooling demand profiles across municipal facilities. Results will include estimated carbon savings, lifecycle costs, siting options, and recommendations for the next steps. The study will also compare open-loop and closed-loop system benefits, and how geothermal might complement future electrification and energy storage goals. A draft Colorado Department of Local Affairs administrative grant application has been completed to support the Phase 1 study, which would assess foundational technical and financial considerations needed to advance a potential geothermal network. Review and refinement of the application is underway in coordination with Public Works, with submission anticipated in early April. The Town was awarded a Colorado Department of Local Affairs (DOLA) grant for a geothermal pre-feasibility study in early June. Staff is currently coordinating with DOLA to initiate the study and evaluating the community's long-term geothermal energy potential. 12. Single-Use Plastic Ban [Carryover from 2025]: Research single use plastic bans in peer communities and present options for a single use plastic ban in Avon for Council consideration, including community outreach, education and implementation plan. A long-term budget plan and a business transition guide will be developed alongside educational materials. This effort is planned to be coordinated with Town of Vail’s effort to research and implement a single-use plastic ban. Progress on the single-use plastic ban during Q1 has focused on continued communication and policy alignment with the Town of Vail. No public-facing updates were issued in January or February 2026 as discussions remain in a preparatory phase. In late March, Vail Health joined the conversation with their independent microplastics campaign, which will launch in April. More details will be shared as they become available. The Town continued monitoring regional progress on single-use plastics policies during Q2. Staff also continued coordinating with regional partners to better understand stakeholder engagement strategies, implementation outcomes, and lessons learned from existing programs. Staff will prepare a work session for Avon Town Council following the November 2026 election, with formal discussion anticipated in early 2027. Additionally, Vail Health’s microplastics education supports broader public awareness and waste reduction objectives. TOWN CLERK & COURT CLERK 13. Rename Benchmark Reservoir [Carryover from 2025]: The lake located in the center of Harry A. Nottingham Park has been locally known as Nottingham Lake since its creation in 1979. However, official documents identify it as Benchmark Lake Reservoir. The Town Clerk will continue to work with the Colorado Geographic Naming Advisory Board to formally rename Benchmark Lake Reservoir to Nottingham Lake. Additionally, the Town Clerk will pursue renaming Nottingham 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 5 of 14 Reservoir to prevent confusion between the two bodies of water. In Q1 2026, DNR confirmed that the Colorado Geographic Naming Advisory Board has approved the renaming of Benchmark Lake Reservoir to Nottingham Lake and forwarded the recommendation to the U.S. Board on Geographic Names for federal review. The Town Clerk was advised that the DNR will not require renaming Nottingham Reservoir to avoid public confusion with Nottingham Lake. The Town Clerk will continue to track the process with the U.S. Board on Geographic Names. On May 14, 2026, the U.S. Board on Geographic Names formally approved the renaming of Benchmark Lake Reservoir to Nottingham Lake, completing the federal review process. The name has been updated in the Geographic Names Information System, and federal map updates will follow in the next revision cycle. Following final approval, the Town Clerk’s Office initiated internal coordination to notify departments and identify necessary updates to Town records, maps, and public-facing materials. This multi-year effort is now complete. COMPLETED 14. Evaluation of Colorado Open Records Act (CORA) Tracking Software: The Town Clerk’s Office has experienced a steady increase in CORA requests: 35 in 2022, 39 in 2023, 53 in 2024, and 43 in the first half of 2025. Currently, responses are managed manually. The Town Clerk will research tracking software to streamline and standardize the CORA request process. Staff will also collaborate with the Police Department’s Records Division to assess the volume of Colorado Criminal Justice Records Act (CCJRA) requests and explore potential efficiencies between CORA and CCJRA workflows. In response to the 68 CORA requests received in 2025, the Town Clerk finalized a revised CORA Policy in Q1 2026 and, in partnership with IT, developed a Laserfiche Workflow ready for implementation. The workflow offers a cost-effective alternative to subscription-based tracking software, with the exception that bulk email redaction will remain a manual process. COMPLETED 15. Review of Court Management Software: The Court Clerk’s Office will assess current court management solutions, with a focus on Tyler Technologies’ Municipal Justice Software. This platform supports daily court operations and reduces paperwork, improving overall efficiency. Since Tyler Technologies also provides Brazos—the Avon Police Department’s system for summons and report writing—adopting their court solution could streamline information exchange between the Police Department, Prosecutor, Judge, and Court Clerk. In Q1, the Court Clerk’s Office participated in an updated demonstration of Tyler Technologies’ Municipal Justice Software and obtained a cost estimate for implementation. After evaluating the projected operational benefits relative to the overall expense, the Court Clerk determined that continuing with the existing case management system, FullCourt Enterprise, is the most appropriate option at this time. Vail Municipal Court’s decision to also continue to move forward with FullCourt further supports maintaining consistency and compatibility between courts. A software change is no longer being pursued at present, but this option may be revisited in the future as operational needs evolve or new opportunities arise. COMPLETED 16. Review Court Process Best Practices in Peer Communities: The Court Clerk will attend a Municipal Court session in each of the following jurisdictions—Vail, Minturn, Eagle, and Gypsum—to observe court operations and collaborate with counterparts in each location. Possible outcomes are moving away from a paper-heavy process to a more paperless process, allowing video appearance and efficiencies that different software could offer. During Q1, the Court Clerk visited two of the 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 6 of 14 four neighboring municipal courts, Gypsum and Eagle, strengthening communication and fostering a growing regional partnership among court staff. These visits have opened the door to ongoing collaboration, shared resources, and the exchange of consistent practices across jurisdictions. The Gypsum and Eagle Municipal Court Clerks also proactively visited the Avon Municipal Court to learn more about Avon’s court preparation and court session procedures. In turn, the Avon Municipal Court Clerk has provided support to both Vail Municipal Court and the Vail Police Department by assisting with questions related to the FullCourt case management system for use during a transitional time of their Court. This developing partnership has resulted in a valuable exchange of knowledge, technical support, and operational insight. During Q2, the Court Clerk visited Vail Municipal Court and met with Avon Hearing Officer/Deputy Municipal Judge and Vail Municipal Judge Courtney Holm to discuss court operations, technology transitions, and future efficiencies. Key topics included Vail’s continued use of FullCourt Enterprise, Eagle County’s planned transition from Brazos RMS to ProPhoenix RMS, and the need to ensure future compatibility between police and court systems. The discussion also identified opportunities to further evaluate virtual hearings, court livestreaming, and paperless court operations, subject to the Municipal Judge’s guidance. COMPLETED FINANCE 1. Lead Multi-Year and Long-Range Financial Projections: Develop models for multi-year and long-range financial forecasts to present a better understanding of new development, revenue collections, capital project needs and future department staffing and expenditures for long range visioning. Finance continues to develop models for new developments and the revenues it may generate. The next phase is to incorporate and research the demand new developments will have on the Town’s services. Long-Range Financial Projections are ongoing tasks the Finance department will continue to update and plan as new projects/changes in the Town occur. 2. Annual Financial and Auditing Services: Complete “Request for Qualifications” process to engage professional audit firms to complete Town of Avon’s year-end financial report which includes an audit of all Town funds. Select qualified firm to complete the year-end Audited Financial Report which would be due no later than June 1, 2026. Finance Department plans to request qualifications after the completion of the 2025 Audit. The Finance Depart will be sending out the Request for Proposal at the end of July. 3. Time Share Amenity Fee – Time Share Amenity Tax: Research a Time Share Amenity Tax that is uniform across all timeshare properties in Avon to replace the Time Share Amenity Fee which is currently not consistent and was negotiated on a case-by-case basis. Finance department will begin working on the Time Share Amenity Tax in the 2nd quarter of 2026. Staff has started the initial work on the project. INFORMATION TECHNOLOGY 1. Strengthen Cybersecurity Posture: Enhance the town’s security infrastructure using existing Microsoft Office 365 tools and modern endpoint protection to ensure better control over devices, 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 7 of 14 reduce security gaps to keep systems protected, increase threat detections and responses and improve data protection. No Updates to report. Rolled out Mobile Device Management for Town on iPhones. Starting to work on using iTunes. 2. Evaluate Alternatives to Current System Monitoring Vendor: Reduce reliance on third-party monitoring services by exploring cost-effective, scalable alternatives that will be evaluated for an option that best fits the IT needs, allows for better integration with current systems and provides better data for informed decision-making. Task complete, implemented ManageEngine Opmanager. COMPLETED 3. Implement Asset and License Management System: Gain full visibility and control over IT assets and software licenses that will provide better inventory tracking, license compliance, and long-term planning. Taks completed, Implemented NinjaOne help desk ticketing, Documentation, remote access, warranty tracking, IT asset management, and vulnerability management. COMPLETED HUMAN RESOURCES 1. Enhance Internal Educational Opportunities and Platforms for Employees: Assess Department needs to define and offer education and training opportunities designed by the HR Team for ongoing use, some of which include topics addressing leadership, legal compliance, management, performance review process, conflict resolution, communication in the workplace, time management, and diversity, equity & inclusion. HR is working on several training opportunities, one more immediate is the Emergency Management Training with Avon Police Department and Eagle County Emergency Manager geared for the Department Managers Team held April 1. Additional emergency training will be supported for employees townwide. Several Department Assessments with Pinnacol (workers compensation provider) have been scheduled to ensure operational compliance with safety policies and practices (ComDev Building Division completed and Transit scheduled). Safety Committee has received a presentation about the Colorado Governmental Immunity Act. HR plans to host another CIRSA seminar addressing “Interpersonal Skills, Communication Styles, Time Management & Leadership” to all employees. No further updates at this time. 2. Explore Technology Options to ensure Efficiencies in HR processes: Explore and streamline all HR & Risk program processes to create efficiencies using technology platforms, when possible, to reconcile with cross department functions between HR and Finance including such areas as compensation, risk management and payroll. HR team has met with several compensation management vendors to review platforms that would help create efficiencies with market study and annual compensation management. No final decision has been made at this time. HR continues to work with Finance team to identify software platforms to create efficiencies for employees’ timekeeping, payroll and benefits management. No further updates at this time. 3. Review Health and Benefits Program: Collaboration between Human Resources and Finance to review Town’s Health and Benefits Programs and related costs. Review options for containing health insurance costs through comparison of self-funded plans, fully funded plans or pooled health plans. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 8 of 14 In addition, make a comparison of health and benefit plans from peer communities using data from Employer’s Council and Colorado Municipal League to ensure Avon’s position for competitive recruiting and retention platforms. This analysis will be completed later this year. HR & Finance are working with Health Plan consultants, Gallagher, to review current year service levels from new vendor and determine next planning steps for budget year 2027. 2026 Department Goals Community Development 1. Community Housing Initiatives: Pursue all reasonable efforts to implement Community Housing, including but not limited to the following goals: a. Regional Housing Authority: Implement the next steps in exploration of potential Regional Housing Authority creation. Community engagement presentations at valley Town Councils continue with Government Performance Solutions(GPS). Community Survey distributed. Vail Daily ads created, testimonial filming for buy-down recipients completed. Survey, ads, marketing to continue in Q2. Virtual Community engagement sessions in Q2. Community Survey was completed, and results will be published on the eagleriverhousingsolutions.com website in early Q3. b. Avondale Apartments Construction [Carryover from 2025]: Complete entitlements, construction drawings, and secure funding. No changes in Q1. If Village (at Avon) PUD amendments are approved for this property, Staff will return to Council with an outline of process and timeframe for completing construction documents and approvals. PUD amendments were approved and the project team was remobilized. Design services agreement before Council for approval. c. Slopeside Apartments [Carryover from 2025]: Complete entitlements, rezoning, construction drawings, and secure funding. Rezoning was recommended by PZC in November 2025. Council to hear Ordinance for Rezoning in Q2. Rezoning on hold. d. Revisit Inclusionary Zoning and Available SFEs [Carryover from 2025]: Explore potential policies that may allocate or prioritize a portion of the remaining available Single-Family Equivalent (SFE) water supply to Community Housing projects. Not started. No activity. e. Update Employee Housing Mitigation Regulations: Update the Employee Housing Mitigation regulations to establish maximum rents and maximum sales price for employee housing mitigation units. In research stage. Avon Community Housing Plan amendment provides additional support for updating the Employee Housing Mitigation regulations. Options will be provided to Council after approval of the Avon Community Housing Plan amendment. f. Mobile Home Park Protections [Carryover from 2025]: Research mobile home park protection to preserve existing workforce housing in Avon and present research and potential 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 9 of 14 options for action to Council. Not started. Avon Community Housing Plan amendment provides additional support for exploring preservation. g. Water Tank Planning: Participate in modeling and planning for future water tank(s) on northern hillside. Infrastructure will serve portions of East Avon Preserve, Village (at Avon), and State Land Board properties. The Town Manager, Town Engineer, and Community Development Director have been coordinating with the water district and Traer Creek. The first draft of a Mountainside water storage and distribution system was completed in late February. No updates. h. Update Avon Community Housing Plan: Update the Avon Community Housing Plan to track Avon’s Housing Action Plan in the recently completed Regional Housing Needs Assessment. Updates to Avon Community Housing Plan drafted by Housing Planner, Planning Manager, Director, and Town Manager. PZC reviewed draft Plan over three public hearings in Q2. Plan will be presented to Council for final consideration in Q3. i. Research legitimizing “ADU’s” in Wildridge: Research and report of the existing “ADU’s” or rental apartments in Wildridge PUD. Research ability to legalize them and promote them. Not started. No activity. 2. Sun Road Redevelopment: Promote and facilitate redevelopment of the Sun Road Redevelopment area that includes Community Housing, retail and public services and potential new regional transit hub. A Department of Local Affairs (HOLA) grant was received in SPring 2025 for conceptual design services . Lionheart was retained last fall for professional design services The conceptual design process and evaluation of redevelopment options is nearly completed. Coordination with tenants is ongoing. A transportation engineer was retained to study Sun Road redevelopment and other new developments in the vicinity to test traffic movements and intersection performance. Design plans will go before the DDA, PZC, before Town Council for final review. Q2 Updates in Avon Teal. 3. Water Allocation Management [Carryover from 2025]: Finalize importing and quality control for all Single-Family Equivalent (SFE) water allocation data into Town of Avon Geographic Information System (GIS) system. Establish protocols for updates and ongoing internal management of data. No progress in Q1. No progress in Q2. Data remains in spreadsheet format and is up to date. 4. Park Planning [Carryover from 2025]: Continue current efforts to conduct park planning, including Planning Area B and P3 in the Village (at Avon) and O’Neal Spur park and Saddleridge Park in Wildridge. [NOTE: This will be conducted in collaboration with Recreation Goal #3] Design work progresses with Planning Area B, inclusion of a water storage feature, and the maintenance of existing ditches through the property. Programmatic elements for Planning Area B remain highly conceptual at this stage. The primary focus is on how water moves through the site, and relationships to adjacent planned development. No progress on other park sites. After the Village at Avon PUD application is finalized, staff plans to re-engage for P3. Nottingham Park plan amendments were presented to PZC. Village park work session with PZC and Health and Recreation Committee slated for Q3. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 10 of 14 5. Research incorporation or adoption of Wildfire Building & Landscaping Code State reflecting State Actions: Staff is involved in Eagle County Wildfire Collaborative Efforts and will bring research to Council in 2026. Building and Planning staff have continuously collaborated with neighboring jurisdictions to develop a common Wildfire Resiliency code for the valley. An Ordinance for Avon has been drafted, with final review by PZC on March 23, 2026. The Ordinance moves to Council for formal consideration next. Staff will be submitted to the State of Colorado for a local exemption to the State Wildfire code as part of this process. Updates went through PZC and Council and were adopted. COMPLETED. 2026 Department Goals Recreation 1. Redevelop Department Standard Operating Procedures (S.O.P.) [Carryover from 2025]: Create and/or modify standard operating procedures for each division of the Recreation Department. An up-to-date S.O.P. document for each division will ensure best/standard practices are being implemented and will promote consistency, safety, efficiency and communication throughout department operations. All existing S.O.P. are being updated and new S.O.P. are being developed on a continual basis throughout this year. Each Recreation Department division will have a complete S.O.P. by the end of 2026. No updates in Q2. 2. Certified Parks and Recreation Professional (CPRP) program: Prepare all full-time Staff to obtain the nationally recognized certification through the National Recreation and Park Administration (NRPA). Three eligible full-time staff members have applied to enroll in the CPRP program. Once accepted, staff will have one year to review program materials and successfully pass the exam. No updates in Q2. 3. Collaborate on Park Planning: Collaborate with the Community Development Department and continue current efforts to conduct park planning, including Planning Area B and P3 in the Village (at Avon) and O’Neal Spur park and Saddleridge Park in Wildridge. [NOTE: This will be conducted in collaboration with Community Development Goal #4] No progress in Q1. Recreation and Community Development Department staff met to discuss approach for community engagement in the Wildridge neighborhood. In Q3, community meetings will be scheduled at O’Neal Spur Park and Saddleridge Park, with a park redevelopment survey distributed as well. Staff plan to present a work session for the Village at Avon park planning to the Health and Recreation Committee in Q3. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 11 of 14 2026 Department Goals Police 1. Implement Automated Vehicle Identification System (AVIS) Speed Enforcement: Enhance traffic safety by enforcing speed limits to reduce vehicle crashes and improve pedestrian safety in high-risk corridors within the Town of Avon. The initiative includes the installation of four Automated Vehicle Identification System (AVIS) speed enforcement cameras: two along Avon Road (northbound and southbound) and two along U.S. Highway 6 between mile markers 170 and 171 (eastbound and westbound). All five cameras were installed in October, followed by a 30-day warning period. Formal enforcement began on December 21, 2025. As anticipated, some technical challenges were encountered related to discrepancies between physical and mailing PO Box addresses. Citations associated with P.O. Box addresses have required manual research. The vendor is actively addressing this issue and is working with their registered owner data provider to enable automatic retrieval of P.O. Box information from Colorado DMV records. Preliminary data indicates a significant reduction in violations—from approximately 1,700 per day during the July 2025 traffic study to an average of 60 per day currently. This represents a 96% decrease and reflects a substantial improvement in traffic safety across the three targeted areas. An updated AVIS report was submitted to Town Council on 05/12/2026. 2. Cameras in the Town Core on Town Assets [Carryover from 2025]: Enhance public safety by installing security cameras in key areas of the town core and Harry A. Nottingham Park. Currently, security cameras are installed at the Stage, Town Hall, Police Department, Recreation Center, and Avon Regional Transportation Facility. We plan to add cameras to the recycling center at Lot 5, at the Avon Transit Center at the Wyndham hotel, at Harry A. Nottingham Park focused on the walking paths, north and south of the lake, and at the pickleball/ tennis courts at Avon Elementary school. Compared to other towns like Vail and Glenwood, Avon has fewer security cameras, but this initiative aims to deter crime and assist in crime detection and resolution, ultimately enhancing the safety of residents and visitors. Six of the eight planned cameras have now been successfully installed: two at the recycling center, two at Avon Station, one on the southwest corner of the pavilion facing the south lake path, and one on West Beaver Creek Boulevard covering the basketball courts. The remaining two cameras are scheduled for installation in May. These final installations will be located 1. along the north lake path at its intersection with the pathway to the North Lot 16 parking area, providing coverage of the north lake path and beach area, 2. on the east side of the pickleball courts to monitor both the pickleball and tennis courts. The system has already proven effective. In a recent incident involving illegal dumping at the recycling center, Public Operations staff reported the activity, and camera footage assisted us to identify and contact the individual responsible. Security camera #7 (of 8) was installed on the east end of the pickleball courts (with a solar panel for power). Camera # 8 (of 8) will be installed on July 9th (with a solar panel for power) overlooking the tennis courts. The Recreation Dept requested that #8 be used to observe the tennis court area given the substantial Town of Avon investment in these recreational facilities. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 12 of 14 2026 Department Goals Engineering 1. Develop a GIS Request and Tracking System: Establish a comprehensive system to facilitate the submission, tracking, and management of internal GIS project requests. This system will enhance workflow efficiency, ensure task accountability, and improve transparency across departments. The project tracking system has been completed and is currently being used to manage GIS projects for testing and refinement. Next steps include developing the public-facing portal to allow departments to submit and track their own requests. The public-facing GIS request portal is complete and ready for rollout. The portal will allow departments to submit GIS requests and track their status, and it will be announced through the next GIS newsletter. COMPLETED. 2. Launch a Public Infrastructure Story Map Series: Develop and publish a series of ArcGIS StoryMaps to effectively communicate infrastructure projects, planning initiatives, and capital improvements to the public through an engaging and visually accessible platform. A list of potential projects is being developed alongside research into best practices for GIS-based public communication and newsletter-style updates, drawing on examples from Aspen and Jefferson County. The public-facing GIS request portal is complete and ready for rollout. The portal will allow departments to submit GIS requests and track their status, and it will be announced through the next GIS newsletter. COMPLETED. 3. Update Emergency Action Plan for Nottingham Reservoir: Update the Emergency Action Plan (EAP) for the Nottingham Reservoir, which was last revised in 2014. The updated EAP will incorporate changes related to population growth, land development, and evolving emergency management practices. The Nottingham Reservoir Emergency Action Plan has been accepted by the State. COMPLETED. 4. Complete inventory of the Nottingham Puder Ditch and the Metcalf Ditches and how they relate to the Raw Water Portfolio: Conduct a detailed inventory of the Nottingham Puder Ditch and the Metcalf Ditches. This effort will support a clearer understanding of current infrastructure conditions and improve the accuracy and efficiency of water use reporting and compliance and how it relates to our water rights. The initial site walk is completed. Several segments need further field investigation. Comprehensive easement research was conducted, and all known ditch easements have been mapped; additional investigation is needed for undocumented segments. A CCTV investigation was completed on previously unknown ditch segments, providing a better understanding of the system. The investigation identified additional unknown flow routes and showed that some assumed ditch alignments were incorrect. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 13 of 14 2026 Department Goals Public Works MOBILITY 1. Prepare 10 Year Transit Plan: Mobility is currently developing a 10 year transit plan with the help of a consultant. The 10 Year Transit Plan will be presented to Council with recommendations for phasing and look at Micro-Transit. Fehr and Peers, a transit planning consultant, is currently working on this plan and we expect to have something for council in the second quarter of 2026. Fehr and Peers finished their plan. It was transitioned from the original proposal to evaluating Avon Station’s ability to remain the Town’s transit hub vs. Moving the hub to the Sun Road project in the future. COMPLETED. FACILITIES 2. Heat Recovery System: Optimize heat recovery system to fully sustain Recreation Center pools and look for opportunities for expansion. Engineering Department is leading coordination with CDM Smith’s design team to calibrate the Heat Recovery System (HRS), with Facilities supporting evaluation of expansion opportunities for the Lot B and Lot 3 developments, and potential future expansion into the Sun RD redevelopment. The Engineering Department has completed the HRS Expansion Analysis. The analysis showed that the existing system will support heating the parking garage for Lot B, The Summit, and the pool for Lot 3 development. COMPLETED. 3. Preventative Maintenance Planning: Develop a comprehensive preventative maintenance plan that can be implemented into a Computerized Maintenance Management System. Facilities is implementing Brightly (CMMS) by migrating asset data and preventative maintenance scheduling, as well as phasing in staff assignments. Brightly is now live and actively being used by staff for work order management and preventive maintenance (PM). We continue to add PM schedules, and all facilities assets have been entered into the system. FLEET 4. Research “Renewable Diesel” [Carryover from 2025]: A presentation during the MT2030 Summit in Jackson sparked this research project for 2025. Continuing into 2026 to include research into other alternative fuel supplies. Began the early stages of research, updating the information received last year. Reached out to numerous different sources for input. Two members of Fleet attended a CIRSA “Future Ready Fleets” seminar last quarter, and has continued with more research on this topic. We plan to have a written report in the next quarter for Council. 2nd Quarter Update 2026 Department Goals January 1, 2026 – 2nd Quarter Update Page 14 of 14 PUBLIC OPERATIONS 5. Redesign of Avon Road Round-About One [Carryover from 2025]: Prepare and present ideas for redesign of Round-About One on Avon to Avon Planning and Zoning Commission and Council. RFQ has been drafted and is currently under review. Consultant selection is anticipated to be completed in the next quarter, with project initiation to follow. No update 6. Harry A. Nottingham Park Irrigation: Retain a consultant to design new irrigation system for Harry A. Nottingham Park which incorporates water conservation goals. RFP has been released, with proposals due April 7. Consultant selection is expected shortly thereafter. Design is anticipated to be completed by the end of July 2026, with implementation currently planned for Fall 2027. Contract awarded and is currently in the design phase. Irrigation design is to be finalized by the end of summer. 7. Harry A. Nottingham Park Upper field: Retain a Sports Turf Consultant/Turf Agronomist to assess the upper field and provide recommendations for improvements or replacement. Project has been temporarily delayed due to current drought conditions and associated water use sensitivities. Timing will be reassessed as conditions improve. New turf is scheduled to be replaced after irrigation installation in the fall of 2027. New turf in upper field will be included as part of the Harry A. Nottingham Park Irrigation implementation project. 970-748-4091 pliermann@avon.org TO: Honorable Mayor Underwood and Council members FROM: Patti Liermann, Housing Planner RE: Deed Restricted Community Housing Programs Update DATE: July 1, 2026 SUMMARY: This report provides the 2nd Quarter 2026 update on each of the available buy-down programs and the overall deed restricted inventory. No Council direction is sought, and this report is for informational purposes. BACKGROUND: Price Capped Deed Restricted inventory began in 1991 and steadily increased throughout the late 1990’s and early 2000’s. Resident Occupied units were added starting in 2012 through Community Housing inclusionary zoning. Buy-down programs were introduced in 2020 to help local residents achieve homeownership by providing a monetary contribution in exchange for recording a deed restriction at closing. There are now three buy-down programs available in Avon: Mi Casa Avon (est. 2020), Municipal Employee Home Ownership Program (est. 2024), and Good Deeds Avon (est. 2025). 2026 BUY-DOWN PROGRAM FUNDING: Total Buy-Down Program Funds Budgeted Committed Balance Mi Casa / Good Deeds Avon $ 1,772,893 $ 961,800 $ 811,093 MEHOP $ 625,000 $ 0 $ 625,000 Total Funds $ 2,397,893 $ 961,800 $ 1,436,093 REVIEW OF PROGRAM PERFORMANCE MI CASA AVON: This program provides a 12% financial contribution towards a buyer’s purchase (maximum of $100,000) with no maximum purchase price, in exchange for recording a Resident Occupied Deed Restriction at closing. GOOD DEEDS AVON: This partnership program with Eagle County Housing & Development Authority (“ECHDA”) provides a 30% financial contribution toward a buyer’s purchase in Avon, with a maximum purchase price of $1,250,000, in exchange for recording a Price Capped Deed Restriction. Good Deeds Avon is a funding match program, with Avon providing 15% of the financial contribution. Annual Funding: 2026 Annual Budget is $1,772,893. There is 1 closed Mi Casa Avon transaction. 1,772,893$ 100% 208,200$ 12% Funds Awarded 2026 - Good Deeds Avon 534,600$ 30% Funds Remaining 1,030,093$ 58.1% Newly requested funds - Mi Casa Avon -$ 0.0% Newly requested funds - Good Deeds Avon 377,250$ 181.2% Total Funds Remaining 652,843$ 36.8% Total Funds 2026 Funds Awarded 2026 - Mi Casa Avon Page 2 of 3 970-748-4091 pliermann@avon.org Mi Casa Avon Program Use: Mi Casa Avon Resales, Listings, Rentals, and Leave of Absence Tracking: 2022 2023 2024 2025 2026 Resales 1 1 1 1 1 Listings 0 2 0 3 3 Rentals 0 1 (LOA) 1 3 2 Leave of Absence 1 1 0 0 0 Good Deeds Avon Program Use: MUNICIPAL EMPLOYEE HOME OWNERSHIP PROGRAM (“MEHOP”): This program provides a 30% financial contribution toward a Town of Avon municipal employee’s purchase in Avon or EagleVail, in exchange for recording a Price Capped Deed Restriction. The maximum purchase price is $1,250,000. Annual Funding: 2026 Annual Budget is $625,000. There are no closed transactions. 625,000$ 100% -$ 0% Total Funds Remaining 625,000$ 100.0% Total Funds 2026 Funds Awarded 2026 Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2020 8 $ 650,000 $ 464,760 $ 58,095 $ 493,500 2021 13 $ 900,000 $ 847,222 $ 65,171 $ 547,142 2022 16 $1,200,000 $1,164,260 $ 72,766 $ 615,344 2023 3 $1,500,000 $ 199,200 $ 66,400 $ 563,333 2024 8 $1,874,558 $ 664,220 $ 83,028 $ 695,938 2025 7 $1,685,328 $ 413,460 $ 59,066 $ 492,214 2026 2 $1,772,893 $ 208,200 $ 104,100 $ 867,500 Total 57 $ 3,961,322 $ 69,497 $ 584,989 Unit Count Available Contribution Contribution Spent (Avon) Average Contribution (Avon) Average Sales Price 2025 10 $ 1,685,328 $ 1,248,975 $ 124,897 $ 832,650 2026 4 $ 1,772,893 $ 534,600 $ 133,650 $ 891,000 Total 10 $ 1,783,575 $ 129,274 $ 861,825 Page 3 of 3 970-748-4091 pliermann@avon.org Deed Restricted Activity (excludes Mi Casa, MEHOP, Good Deeds) 2026 Resale Listings Leave of Absence Resident Occupied Units 0 1 0 Price Capped Units 0 0 0 Community Housing Inventory Price Capped Units Number Resident Occupied Units Number Chapel Square 8 Gandorf 1 Grandview 12 One Riverfront 1 Falcon Point/Lakeside Terrace 3 Riverfront Lodge 2 Lodge at Brookside 3 Frontgate 2 Sheraton Mt Vista 22 Kestrel 1 Wildwood TH 17 Mi Casa Avon 57 Good Deeds Avon 14 MEHOP 2 Total 81 64 Thank you, Patti Unit Count Available Contribution Contribution Spent Average Contribution Average Sales Price 2024 1 $ 750,000 $ 250,000 $ 250,000 $ 849,000 2025 1 $ 375,000 $ 250,000 $ 250,000 $ 850,000 2026 0 $ 500,000 $ 0 $ 0 $ 0 Total 2 $ 500,000 $ 250,000 $ 849,500 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – May 2026 & June 2026 data DATE: July 17th, 2026 SUMMARY: This report presents the revenues for sales, accommodations, nicotine and cigarette, and short-term rental tax for May 2026 and the recreation fees, real estate transfer tax, and use tax for CH revenues for June 2026. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for May and June 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: Sales tax, Accommodations tax, Cigarette tax and Rec Program fees are unfavorable for 2026 compared to 2025. While Nicotine tax and Rec Admissions are favorable 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 $5,433,636.95 $5,182,465.01 ($251,171.94) (4.62%) Acc. Tax $1,179,307.01 $1,003,176.96 ($176,130.05) (14.94%) Nicotine Tax $134,269.15 $145,678.78 $11,409.63 8.50% Cigarette Tax $85,068.00 $77,343.00 ($7,725.00) (9.08%) Rec Admissions $619,253.48 $668,466.30 $49,212.82 7.95% Rec Program Fees $239,471.83 $237,626.49 ($1,845.34) (0.77%) TOTAL $7,691,006.42 $7,314,756.54 ($376,249.88) (4.89%) Page 2 of 12 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 $5,579,186.27 $5,182,465.01 ($396,721.26) (7.11%) Acc. Tax $1,277,896.68 $1,003,176.96 ($274,719.72) (21.50%) Nicotine Tax $146,870.50 $145,678.78 ($1,191.72) (0.81%) Cigarette Tax $95,144.45 $77,343.00 ($17,801.45) (18.71%) Rec Admissions $596,809.45 $668,466.30 $71,656.85 12.01% Rec Program Fees $224,250.91 $237,626.49 $13,375.58 5.96% TOTAL $7,920,158.26 $7,314,756.54 ($605,401.72) (7.64%) 2025 v 2026 YTD REVENUE COMPARISON 2025 2026 Dollar Variance Percentage Variance STR Tax for CH $547,292.15 $476,764.42 ($70,527.73) (12.89%) Use Tax for CH $132,275.60 $226,765.07 $94,489.57 71.43% TOTAL $679,567.75 $703,529.49 $23,961.74 3.53% 2026 REVENUE COMPARISON – BUDGET V ACTUAL Budget 2026 Dollar Variance Percentage Variance STR Tax for CH $525,506.13 $476,764.42 ($48,741.71) (9.28%) Use Tax for CH $250,000.00 $226,765.17 ($23,234.83) (9.29%) TOTAL $775,506.13 $703,529.59 ($71,976.54) (9.28%) Page 3 of 12 REVENUE ANALYSIS: Sales Tax: Revenues – May 2026: May sales tax revenues totaled $706,824. This is an increase of $83,663 or 13.43% compared to May 2025 sales tax revenue of $623,161. MAY 2025 v MAY 2026 SALES TAX COMPARISON BY INDUSTRY May 2025 May 2026 Increase/Decrease Home/Garden $74,108.56 $84,821.80 $10,713.24 Grocery/Specialty/Health $148,537.54 $151,704.70 $3,167.16 Sporting Goods Retail/Rental $34,136.87 $21,613.87 ($12,523.00) Miscellaneous Retail $25,401.15 $19,387.40 ($6,013.75) Accommodations $67,833.96 $92,495.30 $24,661.34 Restaurants/Bars $104,455.54 $110,229.99 $5,774.45 Other $7,916.19 $5,103.28 ($2,812.91) Service Related $22,136.45 $18,505.88 ($3,630.57) Liquor Stores $12,144.92 $39,732.74 $27,587.82 E-Commerce Retail $66,994.56 $75,595.89 $8,601.33 Manufacturing/Wholesale $19,897.01 $32,695.63 $12,798.62 Construction Related Services $31,181.69 $46,936.62 $15,754.93 Digital Media Suppliers/Sellers $7,435.29 $6,869.97 ($565.32) Commercial/Industrial Equipment $910.63 $923.14 $12.51 Special Events $71.37 $208.65 $137.28 TOTAL $623,161.73 $706,824.86 $83,663.13 Sales Tax: May 2026 Budget v Actual Collections: May 2026 sales tax revenues totaled $706,824. This is an increase of $51,823 over the May 2026 estimate of $655,001. This is 7.91% above the adopted 2026 budget (based on a 3-year average). MAY 2026 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2026 Budget 2026 Actual Dollar Variance Percentage Variance May $655,001.48 $706,824.86 $51,823.38 7.91% Page 4 of 12 Accommodation Tax: Revenues –May 2026: Accommodation tax revenues totaled $93,479 for the month of May. This is an increase of $31,969 or 51.97% compared to May 2025 accommodation tax revenues, which totaled $73,801. Accommodation tax collections by industry type for May 2026 compared to May 2025 reported an increase to Hotels and Vacation Rental with a decrease for Time Shares. MAY 2025 v MAY 2026 ACCOMMODATION TAX COMPARISON BY INDUSTRY May 2025 May 2026 Increase/(Decrease) Timeshares $11,393.44 $8,562.65 ($2,830.79) Hotels $19,805.33 $25,430.31 $5,624.98 Vacation Rentals $30,311.14 $59,486.12 $29,174.98 TOTAL $61,509.91 $93,479.08 $31,969.17 647,245.51 625,806.33 682,337.13 623,161.73 $706,824.86 -3.31% 9.03% -8.67% 13.43% $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2022 2023 2024 2025 2026 2022-2026 May Sales Tax Revenue Trend Page 5 of 12 May 2026 Budget v Actual Collections: May 2026 accommodation tax revenues totaled $93,479. This is an increase of $19,677 compared to the May 2026 estimates of $73,081. This is 26.66% above the adopted 2026 budget (based on a 3-year average). MAY 2026 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2026 Budget 2026 Actual Dollar Variance Percentage Variance May $73,801.86 $93,479.08 $19,677.22 26.66% Short Term Rental Tax for CH: Revenues – May 2026: STR Tax for Community Housing totaled $42,648 for the month of May. This is an increase of $12,712 or 42.47% compared to May 2025. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MAY 2025 v APRIL 2026 STR TAX FOR CH COMPARISON BY INDUSTRY May 2025 May 2026 Increase/(Decrease) Timeshares $5,696.72 $4,281.34 ($1,415.38) Hotels $9,902.67 $9,804.79 ($97.88) Vacation Rentals $14,336.41 $28,543.40 $14,206.99 TOTAL $29,935.80 $42,629.53 $12,693.73 76,495 67,233 75,041 61,510 93,479 -12.11% 11.61% -18.03% 51.97% $0 $50,000 $100,000 $150,000 2022 2023 2024 2025 2026 2022-2026 May Accommodation Tax Revenue Trend Page 6 of 12 Nicotine & Cigarette Tax: Revenues – May 2026: Nicotine tax revenues totaled $255,051 and cigarette tax revenues totaled $14,766 for May 2026. Compared to May 2025 revenues, this is an increase of $2,783 for nicotine tax revenues, which totaled $22,267 and a decrease of $987 for cigarette tax revenues, which totaled $15,753. Vapes and all other miscellaneous tobacco and nicotine products are included in the nicotine tax and are subject to the 40% tax rate. 24,274 26,362 19,784 22,268 25,052 8.60% -24.95% 12.56%12.50% - 5,000 10,000 15,000 20,000 25,000 30,000 2021 2022 2023 2024 2025 2022-2026 May Nicotine Tax Revenue Trend 20,034 18,906 18,465 15,753 14,766 -5.63%-2.33% -14.69%-6.27% - 5,000 10,000 15,000 20,000 25,000 2021 2022 2023 2024 2025 2022-2026 May Cigarette Excise Tax Revenue Trend Page 7 of 12 April 2026 Adopted Budget v Actual Collections: May 2026 nicotine and cigarette tax revenues totaled $25,051 and $14,766, respectively. This is an increase of $621 over the May 2026 budget for nicotine tax, which is $24,430 and a decrease of $4,165 over the May 2026 budget for cigarette tax estimates, which is $18,931 which is based on a 3-year average. MAY 2026 BUDGET v ACTUAL COLLECTIONS – NICOTINE AND CIGARETTE TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Nicotine $24,430.45 $25,051.50 $621.05 2.54% Cigarettes $18,931.60 $14,766.00 ($4,165.60) (22.00%) Total ($3,544.55) Use Tax for Community Housing: Revenues – June 2026: The use tax for community housing collected in the month of June 2026 was $15,000. Compared to June 2026 estimate of $41,666, this is an decrease of $26,666. JUNE 2026 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES 2026 Budget 2026 Actual Dollar Variance Percentage Variance Use Tax for CH $41,666.67 $15,000.00 ($26,666.67) (64.00%) Real Estate Transfer Tax: Revenues – June 2026: June 2026 real estate transfer tax totaled $284,708. Compared to June 2025, which totaled $150,020, this is an increase of $134,687. This is an increase of $25,082 over the June 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 $259,625.87 $284,708.63 $25,082.76 9.66% Page 8 of 12 Real Estate Transfer Tax: Revenues 2026: 2026 real estate transfer tax totals 2,184,771. Compared to 2025, which total $2,067,055, this is an increase of $117,715. This is an increase of $28,160 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 $2,156,611.02 $2,184,771.28 $25,082.76 1.31% 2025 Actual 2026 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $2,067,055.95 $2,184,771.28 $117,715.33 5.69% $417,855 $532,712 $293,595 $150,021 $284,709 27.49% -44.89% -48.90% 89.78% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2022 2023 2024 2025 2026 Real Estate Transfer Tax June Revenue Trends Page 9 of 12 Recreation Center Fees: Revenues – June 2026 Admissions & Program Fees: Recreation admission revenues for June 2026 totaled $110,363 is an increase of $8,007 compared to June 2025 which totaled $102,355. This is $8,613 above the adopted 2026 budget estimates of $101,746. Recreation program fee revenues for June 2026 totaled $27,525. This is a decrease of $6,846 compared to 2025, which totaled $34,371. This is $9,714 below the adopted 2026 budget estimates of $27,525, which is calculated based on a 3-year average. 96,969 109,452 102,513 102,356 110,363 12.87% -6.34%-0.15% 7.82% 90,000 95,000 100,000 105,000 110,000 115,000 2022 2023 2024 2025 2026 Recreation Admissions June Revenue Trends $29,899 $36,195 $41,098 $34,372 $27,525 21.06% 13.55% -16.37% -19.92% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 2022 2023 2024 2025 2026 Recreation Program Fees June Revenue Trends Page 10 of 12 New and Renewed Business and STR Licenses – 2025 v 2026: The total number of 2026 business licenses issued thru June was 416. This was down 117 licenses or 22.0% for the year to date. The total number of STR licenses issued through June was 116, which was favorable by 3 licenses or 2.7% compared to 2025. - 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 450.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -6/30 2024 2025 2026 2025 v 2026 – BUSINESS AND STR LICENSES – YEAR TO DATE 2025 2026 License Variance Percentage Variance Business License - Vendor 389 267 (122) (31.4%) Business License – Fixed Location 97 96 (1) (-1.0%) Business License – Home Occupation 26 26 0 0.0% Business License – Special Event 21 27 6 28.6% TOTAL BUSINESS LICENSES 533 416 (117) (22.0%) STR License 113 116 3 2.7% Page 11 of 12 EXPENDITURES: June 2026 General Fund YTD Actuals v 2026 Budget: General Fund expenditures through June 2026 total $12,003,329 which is 44.24% 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 June 2026 total $2,275,832 which is 77.75% 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 June 2026 total $1,444,796 which is 59.02% 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 June 2026 total $3,419,875 which is 17.83% 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. 95 100 105 110 115 120 STR License STR Licenses Issued 1/1 -6/30 2024 2025 2026 Page 12 of 12 DESTIMETRICS ANALYSIS: Avon benefits from a strong visitor economy driven by skiing, outdoor recreation and festivals. The Town contracts with Inntopia DestiMetrics, which collects lodging and booking information from mountain destinations throughout the community to monitor visitor demand, occupancy levels, average daily room rates, and future booking trends. DestiMetrics data is widely used in Colorado resort communities to evaluate tourism and forecast economic activity. Below are the notes from DestiMetrics for the month of July. • Summer softens but stays strong as travelers focus on lower-priced options. • Booking Pace was up a slight 1.0% in June, but travelers preferred less expensive Sept.-Nov. bookings to the higher-priced and revenue critical months of June-Aug. • All three primary metrics lost strength between May 31 and June 30. But overall, seasonal occupancy is up 2.8% (3.7% last month), ADR is up 5.5 percent (6.4% last month), and RevPAR remains strong, up 8.5% (10.3% last month). • The 4th of July holiday will be strong when final #s are in, but most days before and after are down. • There are strong indications of rate sensitivity: Length-of-Stay is longest for Sunday/Monday arrivals, reservations for midweek are up while weekend is down, and Luxury properties are seeing month-over-month declines. • Travel from Canada is better this summer than last, with gains isolated to specific, holiday-focused pockets. • Moderate properties were the only category to strengthen in June; Luxury lost ground, Economy’s struggle extends beyond 10 months. Thank you, Dean 970-748-4013 idejong@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Ineke de Jong, Chief Administrative Officer RE: Signed Position Statement Letters DATE: July 20, 2026 SUMMARY: This report presents an overview of position statement letters that were signed and submitted in recent weeks. BACKGROUND: At the February 13, 2024 Regular Town Council meeting, Council discussed the topic of statement letters and sign-on letters and requests. Staff outlined it is very difficult to define a policy that clearly indicates when letter requests should be reviewed by Council as a whole and when the Mayor or Manager should sign. There are many times when it is in Avon’s interest to support a policy decision and the timing is too quick to include on a Council meeting, so some level of delegation to Mayor and Manager is helpful. Council agreed that the Town Manager and the Mayor can review the contents of the letter requested and determine if it is consistent with policies already adopted by the Town (which may include plan documents, annual Department goals, or previous direction provided by Council). If the letter request is consistent then Mayor or Manager would sign on behalf of the Town. Copies of the signed letters have been included on a quarterly basis on Council agendas under written reports. The attached letters were signed in recent weeks. COUNCIL DIRECTION: This report is informational, and no Council action is required. Thank you, Ineke ATTACHMENT A: June 2, 2026 Letter to Congressman Neguse expressing opposition to H.R. 2289, the American Broadband Deployment Act of 2026 Post Office Box 975 100 Mikaela Way Avon, CO 81620 The Honorable Joe Neguse June 2, 2026 2400 Rayburn House Building Washington, DC 20515 Re: Opposition to H.R. 2289, the American Broadband Deployment Act of 2026 Dear Congressman Neguse, On behalf of the Town of Avon, I am writing to express concerns regarding the potential impacts of the American Broadband Deployment Act (H.R. 2289) on local governments and community access media infrastructure. Avon supports the continued expansion of broadband and the critical importance of reliable connectivity for residents, businesses, and public institutions. However, H.R. 2289, as drafted, would significantly limit local authority over rights-of-way management, infrastructure siting, and cable franchise negotiations—tools municipalities rely on to responsibly manage growth and protect community interests. For nearly 40 years, Avon’s partnership with High Five Access Media (“HFAM”) has been essential to maintaining government transparency and civic engagement. Through this partnership, residents access public meetings, emergency information, and locally produced programming that strengthens participation in local democracy. PEG (Public, Educational, and Government) fees paid by Comcast/Xfinity under its franchise agreement with Avon (and the franchise agreement with our neighbor, the Town of Vail) are essential to the operation of HFAM. We are particularly concerned that H.R. 2289 would undermine the funding structure that sustains HFAM’s services. HFAM relies on cable franchise fees. Provisions that restrict a municipality’s ability to negotiate fair compensation for the use of public rights-of-way, or that exempt certain broadband services from franchise requirements, would put this funding at risk. The result would be a direct loss of media education, equipment access, and public information services that our community depends on. In addition to recognizing the risk to funding, local governments like Avon play an essential role in balancing broadband deployment with public safety, infrastructure coordination, long-term planning, fiscal responsibility, and transparency. Avon, like many Colorado municipalities, relies on locally negotiated franchise agreements to sustain PEG services and ensure continued access to these critical community benefits. Provisions that limit local negotiation authority, impose accelerated approval timelines, or rely on “deemed granted” mechanisms risk undermining municipalities’ ability to protect these interests and deliver services to their residents. We are also concerned that proposed exemptions from the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) would weaken long-standing environmental and cultural review safeguards without providing clear accountability or local coordination mechanisms. We urge careful (re)consideration of these provisions and ask that any broadband deployment legislation preserve meaningful municipal authority and long-standing funding mechanisms that support community media and local governance. We appreciate your continued work on behalf of Colorado communities and welcome ongoing dialogue on this issue. Sincerely, Tamra Nottingham Underwood, Mayor, Town of Avon ATTACHMENT A