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TC Packet 12-13-2016 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:05 PM AVON TOWN HALL, ONE LAKE STREET OFFICIAL TOWN OF AVON COUNCIL PHOTOS 4:00 P.M. – COUNCIL CHAMBERS AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:35 PM (SEE SEPARATE AGENDA PAGE 4) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEMS 4.1. PUBLIC HEARING AND ACTION ON FINDINGS OF FACT AND RECORD OF DECISION FOR MAJOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE APPLICATIONS FOR AVON HOTEL ON LOT B CONTINUED FROM THE DECEMBER 5, 2016 TOWN COUNCIL SPECIAL MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 4.2. ACTION ON RESOLUTION 16-39 PROVIDING FUNDING TO TREADSTONE DEVELOPMENT LLC FOR THE CONSTRUCTION OF CERTAIN LANDSCAPING AND UTILITY IMPROVEMENTS FOR THE AVON HOTEL (PLANNING DIRECTOR MATT PIELSTICKER) 5. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE URBAN RENEWAL AUTHORITY 6. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING 7. ACTION ITEMS 7.1. ACTION ON RESOLUTION 16-34, CONCERNING THE AVON URBAN RENEWAL AUTHORITY’S SERIES 2017 TAX INCREMENT BONDS, AUTHORIZING THE TOWN MANAGER TO REQUEST THE TOWN COUNCIL FUND ANY DEFICIENCIES IN THE BOND ACCOUNT PLEDGED TO THE PAYMENT OF SUCH BONDS, AND AUTHORIZING THE 2017 COOPERATION AGREEMENT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 7.2. ACTION ON RESOLUTION 16-35, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2017 BUDGET YEAR (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 7.3. ACTION ON RESOLUTION 16-36, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE 2017 BUDGET YEAR (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 7.4. ACTION ON RESOLUTION 16-33, TOWN OF AVON CIVIL LIBERTIES PROTECTION (MAYOR JENNIE FANCHER) 7.5. ACTION ON RESOLUTION 16-38, TO ADOPT THE CLIMATE ACTION PLAN FOR THE EAGLE COUNTY COMMUNITY (MAYOR PRO TEM SARAH SMITH HYMES) 7.6. APPROVAL OF 2017 REGULAR MEETING SCHEDULE (TOWN CLERK DEBBIE HOPPE) 7.7. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) _________________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:05 PM AVON TOWN HALL, ONE LAKE STREET 8. CONSENT AGENDA 8.1. APPROVAL OF MCMAHAN AND ASSOCIATES 2016 AUDIT ENGAGEMENT LETTER (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 8.2. APPROVAL TO APPROPRIATE FUNDS TO REPAIR AVON REGIONAL TRANSIT FACILITY GARAGE DOORS AND HVAC REPAIRS FROM THE 2016 GENERAL FUND CONTINGENCY LINE ITEM (TOWN ENGINEER JUSTIN HILDRETH) 8.3. APPROVAL OF RESOLUTION 16-31, APPROVING A GAS LINE EASEMENT FOR XCEL ENERGY ON TRACT G (TOWN ENGINEER JUSTIN HILDRETH) 8.4. APPROVAL OF FUNDING REQUEST FOR THE ADOPT-A-TRAIL PROGRAM FROM THE 2017 GENERAL FUND CONTINGENCY LINE ITEM (MAYOR JENNIE FANCHER) 8.5. APPROVAL OF THE APPOINTMENT OF THE MEMBERS TO THE HISTORIC PRESERVATION ADVISORY BOARD (MAYOR JENNIE FANCHER) 8.6. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO, AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES (POLICE CHIEF GREG DALY) 8.7. APPROVAL OF MEMBER AGENCY JOINDER AGREEMENT TO THE SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE (POLICE CHIEF GREG DALY) 8.8. APPROVAL OF THE COLORADO INFORMATION SHARING CONSORTIUM PAYMENT INTERGOVERNMENTAL AGREEMENT (POLICE CHIEF GREG DALY) 8.9. APPROVAL OF THE NOVEMBER 15, 2016 REGULAR MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) 8.10. APPROVAL OF THE NOVEMBER 17, 2016 SPECIAL MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) 8.11. APPROVAL OF THE DECEMBER 5, 2016 SPECIAL MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) 9. WRITTEN REPORTS 9.1. GIFT REPORTING – BEAVER CREEK PARKING PASSES & BIRDS OF PREY GIFT BAGS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 11. MAYOR & COUNCIL COMMENTS 12. TOWN MANAGER UPDATE 13. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) AS WELL AS A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) CONCERNING NEGOTIATIONS REGARDING A DEED OF EASEMENT – NORTHSIDE PARCELS _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:05 PM AVON TOWN HALL, ONE LAKE STREET 14. ACTION ITEMS 14.1. ACTION ON RESOLUTION 16-37, PROVIDING A DEED OF CONSERVATION EASEMENT – AVON NORTHSIDE PARCELS (TOWN ATTORNEY ERIC HEIL) 14.2.ACTION ON A CONSENT AND SUBORDINATION AGREEMENT AS IT PERTAINS TO A DEED OF CONSERVATION EASEMENT – LOT 1B, BUCK CREEK SUBDIVISION (TOWN ATTORNEY ERIC HEIL) 15. ADJOURNMENT _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. REPORT OF CHANGES- CORPORATION MASTER FILE 4.1. APPLICANT: DILLON COMPANIES, INC. D/B/A CITY MARKET NO. 26 LOCATION: 72 BEAVER CREEK PLACE MANAGER: JEFF GENTILINI 4.2. APPLICANT: AVON PROPERTIES LEASING, LLC D/B/A VILLAGE WAREHOUSE WINES LOCATION: 101 FAWCETT DRIVE MANAGER: PETER A. CUCCIA 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: COLUMBINE BAKERY, INC. D/B/A COLUMBINE BAKERY LOCATION: 51 BEAVER CREEK PLACE TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: DANIEL NIEDERHAUSER 6. MINUTES FROM NOVEMBER 15, 2016 7. ADJOURNMENT _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 TOWN OF AVON MEETINGS FOR TUESDAY, DECEMBER 13, 2016 AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 6:05 PM AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEM 4.1. ACTION ON RESOLUTION 16-04, A RESOLUTION AUTHORIZING THE ISSUANCE OF THE AVON URBAN RENEWAL AUTHORITY TAX INCREMENT REVENUE BONDS, SERIES 2017 (AVON URA TREASURER SCOTT WRIGHT) 4.2. ACTION ON RESOLUTION 16 – 05, A RESOLUTION EXPRESSING THE INTENT OF THE BOARD TO BE REIMBURSED FOR CERTAIN EXPENSES RELATING TO THE FINANCING OF TOWN HALL (AVON URA TREASURER SCOTT WRIGHT) 4.3. NOVEMBER 15, 2016 URA MEETING MINUTES (AUTHORITY CLERK DEBBIE HOPPE) 5. ADJOURNMENT _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 4 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 15, 2016 AVON TOWN HALL, ONE LAKE STREET LA 11-15-2016 Minutes.docx Page 1 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:09 p.m. A roll call was taken and Board members present were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Public Works Director Gary Padilla, Recreation Director John Curutchet, Fleet Director Rego Omerigic, Planning Director Matt Pielsticker, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. RENEWAL OF LIQUOR LICENSES Start time: 00:11:31 4.1. Applicant: Seerut Inc. & 7-Eleven, Inc. d/b/a 7-Eleven Store 34209A Location: 008 Nottingham Road Type: 3.2% Beer Off Premises Manager: Gary “Sidhu” Guprett Board member Gennett moved to approve the renewal application for Seerut, Inc. d/b/a 7-Eleven Store 34209A. Board member Burch seconded the motion and it passed unanimously by those present. 5. MINUTES FROM OCTOBER 25, 2016 Start time: 00:13:19 Vice Chairman Wolf moved to approve the minutes from October 25, 2016. Board member Smith Hymes seconded the motion and it passed unanimously by those present. Board member Gennett and Board member Reynolds abstained from the vote due. Board member Prince asked the Avon Police Department provide a 5 year violation background check on the report. The Board agreed to the change. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 15, 2016 AVON TOWN HALL, ONE LAKE STREET LA 11-15-2016 Minutes.docx Page 2 6. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 5:14 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ Public Hearing: Avon Hotel Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: December 13, 2016 Agenda Topic: Public Hearing and Action on Findings of Fact and Record of Decision for Major Development Plan and Alternative Equivalent Compliance Applications for Avon Hotel on Lot B | Continued from the December 5, 2016 Town Council Special Meeting Council Action Public Hearing on Major Development Plan and Alternative Equivalent Compliance applications for Avon Hotel, with action by Findings of Fact and Record of Decision (Exhibit 1). Motion “I move to approve to Approve the Avon Town Council Findings of Fact and Record of Decision for Major Development Plan and Alternative Equivalent Compliance Applications for the Avon Hotel (Exhibit 1), thereby conditionally approving the Major Development Plan and Alternative Equivalent Compliance Applications for the Avon Hotel on Lot B.” Summary Before Council is final review of the Avon Hotel project proposed on Lot B. The Public Hearing was continued from the December 5, 2016 Special Meeting. The attached (Exhibit 2) revised design sheets titled “Town Council Update – 12.08.16” incorporate three distinct design modifications that to address comments received at the December 5, 2016 Special Meeting. First, exposed parking areas and the Beaver Creek Boulevard building elevation have been modified with changes to the North, South, and East building elevations. The revised plans show additional stone walls to screen parking and address the “stilts” comments to the extent possible by adding a stronger building base as viewed from multiple elevations. Soffits were also added to the North and South building elevations above the parking stalls to help ground the building and lessen the pedestal appearance. Lastly, the corner balconies on the third and fourth floors have been elongated to the full extent presented previously to PZC. At the December 5, 2016 Special Meeting the Council also discussed parking lot design and the potential parking management systems. The design of the parking spaces is in compliance with Town Code and aisle widths meet the minimum (24’) aisle widths. Staff reviewed the Westin parking structure design for comparison and found the parking design in that development contains a disproportionate percentage of compact, tandem, and/or irregular oriented parking spaces. While some spaces in the Avon Hotel design are at angled or irregular configuration, the spaces should be intuitive and easier to navigate based upon the size of the stalls and parking control systems recommended by the Parking Management Plan. Lot B – Avon Hotel Page 2 of 2 Please refer to Exhibits 2-4, 7, and 10, for additional information regarding the overall project design and correspondence related thereto. PZC Approval Council action follows the review and unanimous recommendation for approval from the Planning and Zoning Commission (PZC). Exhibit 5 documents the PZC action, including recommended conditions of approval. During the final review by PZC, several design changes were recommended; these have all been incorporated into the final design before Council. The remaining conditions recommended by PZC are incorporated into the Findings of Fact and Record of Decision. Funding Requests Treadstone Development, LLC has requested funding to complete portions of landscaping required to meet the minimum landscape requirements (off-site), and the evaluation, design, and extension of heat recovery infrastructure to the property. This funding request is discussed in detail under separate cover with Resolution 16-39. Parking Management Plan The final review of a Parking Management Plan for Lot 55, Lot A, and Lot B was discussed at the December 5, 2016 Special Meeting. As drafted in the Findings of Fact and Record of Decision, the final Parking Management Plan delegates final approval to the Town Manager or designee prior to a building permit being issued. Since the December 5, 2016 Special Meeting further progress has been made with Lot 55 – Alpine Bank, and Lot A – Avon Center, and an addendum to the initial Parking Management Plan can be found as part of Exhibit 8. Attachments Exhibit 1 – Findings of Fact and Record of Decision for Avon Hotel Exhibit 2 – Addendum to Major Development Plans titled “Town Council Update – 12.08.16” Exhibit 3 - Executive Summary Exhibit 4 – Major Development Plan drawings Exhibit 5 – Planning and Zoning Record of Decision Exhibit 6 – Planning and Zoning staff report Exhibit 7 – AEC Narratives Exhibit 8 – Parking Management Plan Exhibit 9 – Parking Study Exhibit 10 – Design Correspondence Avon Town Council Findings of Fact and Record of Decision for Major Development Plan & Alternative Equivalent Compliance Applications for the Avon Hotel DATE OF DECISION: December 13, 2016 APPLICATION TYPES: Major Development Plan & Alternative Equivalent Compliance FILE NUMBERS: #MJR16007 & #AEC16005 PROPERTY LOCATION: Lot B, Avon Center at Beaver Creek Subdivision ADDRESS: 140 W. Beaver Creek Boulevard APPLICANT: Treadstone Development, LLC PROPERTY OWNER: Chicago Title Insurance Company These findings of fact and record of decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020(f): #MJR16007 | MAJOR DEVELOPMENT PLAN: The Avon Town Council hereby approves the Major Development Plan for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, with the following Findings and Conditions: FINDINGS 1. The Planning and Zoning Commission held public hearings on November 1, 2016 and November 14, 2016, after posting notice of such public hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code (“AMC”); 2. After holding public hearings and considered all comments, the Planning and Zoning Commission made a unanimous recommendation for approval to the Avon Town Council; 3. The Application is in conformance with AMC §7.20, Zone Districts and Official Zoning Map, §7.24, Use Regulations, and §7.28, Development Standards; 4. The Lighting Plan and all proposed exterior lighting is in conformance with AMC §15.30, Outdoor Lighting Standards; 5. The Application implements the general land use goals and policies of the Avon Comprehensive Plan including the Land Use Map designations, and planning principles of the Town Center West District; 6. Pursuant to AMC §7.04.090(b), strict compliance with the Avon Comprehensive Plan, and sub-area plans, is not required due to the following: a. The development application is consistent with the general goals and intent of the Avon Comprehensive Plan taking into consideration the unique circumstances of the property, market conditions, and the current needs of the community; and b. Strict compliance with some provisions of the Avon Comprehensive Plan, particularly the West Town Center Investment Plan, is not practical; Avon Hotel Findings of Fact and Record of Decision: #MJR16007 & #AEC16005 Page 1 of 2 Exhibit 1 c. The procedures for amending the Avon Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, or adopting or clarifying the precedence of this land use decision. 7. The Avon Town Council held public hearings on December 5, 2016 and December 13, 2016, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; 8. The Major Development Plan and Design review criteria in AMC §7.16.080(5), and §7.16.090(f) were reviewed by the Avon Town Council; and 9. The Avon Town Council finds the applications to be either in strict conformance with the mandatory review criteria or otherwise fulfilled with an alternative design that meets the requirements of a concurrent AEC application, as described in Avon staff memorandum to PZC dated November 14, 2016 prepared by Matt Pielsticker. CONDITIONS: 1. All potential exterior signage must be approved by the PZC with a Master Sign Program application; 2. An on-site mockup will be constructed for final approval of materials and colors. The scale and design of the mockup will be reviewed by PZC, as well as final approval once constructed; 3. Prior to building permit, the following items will be submitted and approved by the Town Manager or designee: a. Snow shed management plan; b. Final Parking Management Plan. #AEC16005 | ALTERNATIVE EQUIVALENT COMPLIANCE DECISION: The Avon Town Council hereby approves the Alternative Equivalent Compliance application for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, citing the following findings: FINDINGS: 1. After holding public hearings and considered all comments, the Planning and Zoning Commission made a unanimous recommendation for approval to the Avon Town Council; 2. Reduced building height, varying building materials, and articulation (vertical and horizontal) achieve the intent of the building stepping requirements to the same or better degree than strict compliance; 3. The design alternatives contained in the Major Development Plan application meet the intent of the subject design and development standards to the same or better degree than the subject standard; and 4. The AEC and proposed design imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Development Code. APPROVED on December 13, 2016, AVON TOWN COUNCIL By: _______________________________ Attest: ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Avon Hotel Findings of Fact and Record of Decision: #MJR16007 & #AEC16005 Page 2 of 2 Exhibit 1 ACCESS EASEMENT PROPERTY LINE first floor plan scale:1/32”=1’-0”SITE PLAN A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S TOWN COUNCIL UPDATE 12.08.2016Exhibit 2 hotel MATERIAL BOARD WA L L S C O N C E TR E S P A GR E Y E D C E D A R TR E S P A RU S T E D B R O W N ME T A L R O O F S I D I N G SI L V E R G R A Y FL E E T W O O D W I N D O W CO L O R : F - 4 ST U C C O DE T 6 2 0 B A R N W O O D G R A Y ST U C C O DE T 6 2 5 R E C L A I M E D W O O D ST U C C O DE 6 3 6 7 C O V E R E D I N P L A T I N U M ST U C C O / T R I M S DE T 6 3 4 D O W N I N G T O E A R T H GA L L E G O S MO U N T A I N A S H FA C A D E 1 2 3 4 5 6 7 8 9 10 FR O S T E D G L A S S 11 1 2 3 4 3 7 36 3 4 1 23 2 4 10 10 6 10 3 5 7 1 3 3 3 4 11 11 11 11 2 10TOWN COUNCIL UPDATE 12.08.2016Exhibit 2 hotel scale:1/16”=1’-0”ELEVATIONS 745 4 ' - 0 " 1ST F L O O R E A S E M E N T " A " E A S E M E N T " B " P R O P E R T Y L I N E S E T B A C K 747 0 ' - 0 " 2N D F L O O R 749 0 ' - 2 " 750 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 748 0 ' - 0 " 3R D F L O O R AV O N H O T E L 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 6 ' - 0 " 5 6 ' - 0 " 1 0 ' - 0 " 6 12 4 12 5 12 6 12 752 0 ' - 0 " 74 5 4 ' - 0 " 1ST F L O O R 74 7 0 ' - 0 " 2N D F L O O R 74 9 0 ' - 0 " 4TH F L O O R 75 0 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 74 8 0 ' - 0 " 3R D F L O O R 751 6 ' - 5 " 2 1 ' - 0 " 752 0 ' - 0 " 7 12 5 12 8 12 36'-2" 7451'-6"RETAIL 7450'-0"MAIN STREET PEDESTRIAN PATH 745 4 ' - 0 " 1ST F L O O R 747 0 ' - 0 " 2ND F L O O R 749 0 ' - 0 " 4TH F L O O R 750 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 748 0 ' - 0 " 3RD F L O O R 1 5 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 6 ' - 0 " 5 6 ' - 0 " 1 0 ' - 0 " 5 12 3 12 5 12 5 12 4 12 4 12 8 12 8 12 7520'-0" 752 1 ' - 6 " 7510'-0"ROOF 751 8 ' - 1 1 " 751 8 ' - 1 0 " 752 0 ' - 7 " 7518'-10" E A S E M E N T " A " E A S E M E N T " B " P R O P E R T Y L I N E S E T B A C K 7454'-0"1ST FLOOR7470'-0"2ND FLOOR7490'-0"4TH FLOOR7500'-0"5TH FLOOR7510'-0"ROOF 7480'-0"3RD FLOOR 7451'-6"RETAIL 7450'-0"MAIN STREET PEDESTRIAN PATH IC E C R E A M BO O T S COFFEEAVON HOTEL10'-0"10'-0"10'-0"10'-2"9'-10"16'-0"56'-0" 6 12 5 12 7454'-0"1ST FLOOR7470'-0"2ND FLOOR7490'-0"4TH FLOOR7500'-0"5TH FLOOR7510'-0"ROOF 7480'-0"3RD FLOOR 745 1 ' - 6 " RET A I L 74 5 0 ' - 0 " MA I N S T R E E T P E D E S T R I A N P A T H IC E C R E A M B O O T S CO F F E E 10'-0"10'-0"10'-0"16'-0"56'-0"10'-0"7520'-0"7518'-0"8 12 4 12 4 12 8 12 8 12 8 12 5 12 3 12 74 5 4 ' - 0 " 1ST F L O O R 747 0 ' - 0 " 2N D F L O O R 749 0 ' - 0 " 4TH F L O O R 750 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 748 0 ' - 0 " 3RD F L O O R 751 8 ' - 1 1 " 752 0 ' - 0 " 10'-0" 8 ' - 7 " 6 12 5 12 A SOUTH ELEVATION 1/16 = 1'-0"B NORTH ELEVATION 1/16 = 1'-0"C WEST ELEVATION 1/16 = 1'-0" D EA S T E L E V A T I O N 1/ 1 6 = 1 ' - 0 " TOWN COUNCIL UPDATE 12.08.2016Exhibit 2 Lot B Hotel Development Application Treadstone Development December 5, 2016 Exhibit 3 Lot B Hotel Development Application EXECUTIVE SUMMARY The attached materials present a plan to build a mid-scale hotel on the site identified as Lots 2, 3, 5, 7, and B in Avon Center at Beaver Creek in Avon, CO. The site is located in the urban core of the Town of Avon on West Beaver Creek Blvd next to the Sheraton Mountain Vista Villas, The Lodge at Avon Center, and the Seasons at Avon. The hotel will include 142 guest rooms on 5 floors with a breakfast room/lounge area, lobby, parking for 204 vehicles and typical supporting service areas. The development will include a separate recreation center which will feature a pool, fitness center, and restrooms. It will also include four residential condominiums. This recreation center will benefit both the proposed hotel and the residential owners of the Lodge at Avon. The site is 1.6 acres (66,925 sf) including frontage on both West Beaver Creek Blvd and the pedestrian mall. The site is zoned Town Center, which provides for a variety of uses such as hotels, commercial establishments, offices and some residential uses in a predominately pedestrian environment. The Town Center is distinguished from other areas in the Town and is meant to serve as the focal point for social, business and cultural activities. This district contains the highest intensity of uses and serves as a major transit destination as well as providing high levels of pedestrian accessibility. The proposed design supports the Town Center zoning in several significant aspects: 1) The development will integrate with the pedestrian mall and the re-model of West Beaver Creek Blvd to create a vibrant pedestrian area; 2) Significant excess parking is planned which will provide an opportunity for customers of the hotel, the businesses at the Lodge at Avon, and Alpine Bank to park and walk to their destinations; and 3) The hotel will bring over 50,000 customers per year to the heart of the Avon commercial district. These customers will include families, tourists, friends of local residents, business travelers, and people just stopping by. They will frequent the restaurants and retail outlets located in the Town Center area spending an estimated $23MM/year. Exhibit 3 Lot B Hotel Development Application INTEGRATION WITH TOWN CENTER The Lot B project includes significant elements that are critical to the enhancement of the Main Street mall and West Beaver Creek Blvd areas including: A main entry/exit for the hotel directly to the pedestrian mall, activating the mall and encouraging visitors to walk throughout the Town Center area. Integration of the Main Street mall with the hotel in terms of elevations, landscaping, and walkways. The creation of gathering spaces at strategic sites along the pedestrian mall. The addition of micro-retail spaces, enhancing the commercial offerings in the Town Center. Enhanced views through the site which are achieved by 1) Limiting the height of the hotel to below the maximum allowed height of 80’; 2) Stepping back the building adjacent to the pedestrian mall; and 3) Locating/positioning of the building onthe site. The connection of the Main Street mall with West Beaver Creek Blvd via pedestrian access through the site Use of balconies to integrate the hotel guests with the Main Street mall and West Beaver Creek Blvd Elimination of the 2nd curb cut off Beaver Creek Blvd Addition of landscaping/gathering areas to activate the West Beaver Creek Blvd remodel Exhibit 3 Lot B Hotel Development Application EXCESS PARKING REPRESENTS A MAJOR BENEFIT OF THE DEVELOPMENT Site planning and building design were significantly impacted by the legacy agreements that run with the land. Among the agreements that encumber Lot B, the most major ones include: Agreement with the Lodge at Avon regarding the provision of shared parking on the site. Agreement with the Lodge at Avon regarding the development of a joint recreation center. A joint access agreement with the owners of Lot C regarding the development of the entry drive across from Sun Rd A reciprocal parking agreement with the Lodge at Avon and Alpine Bank regarding provisions for shared parking. A drainage easement between Lots B and C The requirements of these agreements have driven much of the site design work for the project. First, the plans include 204 parking spaces which, according to the parking study conducted by Walker Parking, is 20 spaces more than the number of spaces that would be required per code and 61 spaces more than would be needed at peak times as determined by the demand study. Second, all spaces that are built on Lot B will be available on a non-exclusive basis to customers/tenants of the Avon Center and the Alpine Bank lots. This shared parking will enhance the pedestrianization of the area as people can park and walk to the businesses and residences in these buildings. Third, the development will utilize one curb cut to access the site. This will offer significant benefits to the remodel of West Beaver Creek Blvd. Exhibit 3 Lot B Hotel Development Application ECONOMIC AND DESIGN CONSIDERATIONS Treadstone Development conducted a market and feasibility analysis which demonstrated that there is a clear need for mid-scale hotel units in the Town of Avon. Currently that segment is under-represented in the market resulting in a significant price gap between full service properties such as the Westin Hotel Riverfront Resort & Spa and economy properties such as the Comfort Inn Vail/Beaver Creek. The West Town Center District is meant to be an intensely developed mixed-use, pedestrian oriented area that serves as the primary focus for residential and lodging development within the overall Town Center. The proposed development will provide an incremental 142 hotel rooms which will significantly increase the bed base for tourists, business travelers, and friends/family visitors to Avon. Availability of these beds will not be limited by fractional, whole-ownership, or vacation club ownership. Exhibit 3 Lot B Hotel Development Application ECONOMIC AND DESIGN CONSIDERATIONS This proposed development adheres closely to the design principals articulated in the West Town Center Investment Plan. Pursuant to Section H of the plan, the proposed development contributes to the vitality of the pedestrian mall corridor. It is understood that this corridor is an important pedestrian connection. The proposed design includes clearly identified pedestrian routes along the corridor, enhances the accessibility of the corridor through design elements which reduce the perceived bulk on the pedestrian mall, and provides a well defined northern terminus of Lettuce Shed Lane at the proposed Lettuce Shed Plaza. This plaza area will offer a variety of activities for all ages and capture sun throughout the day. The Central Restaurant Plaza is also envisioned to be an exciting plaza space with access to restaurants and the center of the Main Street corridor. The addition of Town Hall to this area will become a critical component to activate the mall and will compliment the hotel development. The central location of this plaza will make this space an attractive environment for outdoor cafes and dining al fresco. The building form and land use should help strengthen this experience. The combination of effective design, increased economic opportunities, and cooperative development with neighboring land owners should offer an opportunity for the Town of Avon to realize the vision as contained in the Town Center Plan. Exhibit 3 Lot B Hotel Development Application UNIQUE DESIGN ELEMENTS The Lot B hotel project will incorporate innovative and unique design elements that will enhance the Town Center area. These elements include: Micro-Retail Spaces: These cutting-edge spaces enable smaller and more flexible business opportunities. Each space can nimbly accommodate different sellers and their inventory in affordable venues for micro businesses as they get off the ground. These spaces also provide a way of adding local flavor, as well as testing consumer interest in cutting-edge products before staging broader rollouts. Low-Emission Vehicle Spaces/Charging Stations: Parking spaces designated for LEFE vehicles (as defined by the EPA SmartWay website) with electric charging stations provides added convenience for those making the effort to reduce their carbon footprint. With a growing market nationwide for plug-in electric vehicles and hybrid vehicles, accommodating these vehicles further enhances the desirability of Avon Town Center. Enhanced Bike Facilities: By placing bicycle parking within the covered areas of the garage, the project encourages and makes more convenient the use of bicycle transportation to access the town center. With protection from the elements, non-motorized transport becomes a reasonable vehicular option on a year-round basis. Exciting Mountain Contemporary Design: Through the use native materials, colors, and design elements, the building offers a contemporary feel while still integrating well within the existing neighborhood. Balconies serve to invite guests outside to enjoy the beautiful Colorado environment; the metal roof forms reflect the subtle outlines of the surrounding peaks; the earth tone colors compliment the trees, rock and soil that surrounds Avon; and the use of native stone connects the building to its Colorado origins. Exhibit 3 Lot B Hotel Development Application RESPONSE TO COMMENTS FROM STAFF, P&Z, AND TOWN OFFICIALS In response to the comments of staff, P&Z, and Town officials on the major development submission for the project, many significant changes have been made to the plans for the project. Highlights of those changes include: Elimination of the 2nd curb cut on West Beaver Creek Blvd to provide access to the site from the shared access drive across from Sun Rd. This was a significant change that addressed concerns that have historically existed on Lot B. Submission of AEC applications for the project. Maintenance of an emergency access from West Beaver Creek Blvd and enhancement of the parking deck per fire department requirements. Alteration of exterior building finishes, fenestration, balconies, roof design, and other elements. These design changes were undertaken to achieve several objectives: 1) To reduce the apparent mass and scale of the building; 2) To enhance the connectivity of the building to the surrounding neighborhood; and 3) To align the design of the project with the vision of the Town to establish a more consistent architecture in the Town that reflects the mountain character of the area. Creation of a pedestrian walkway between Lots B and C to connect West Beaver Creek Blvd and the Main Street mall. Increased landscaping to exceed minimum requirements Plans to use the Heat Recovery System to limit the energy usage of the project Plans to reduce the impact of the development on the environment and to increase the ways the project can support the goal of increased bike/pedestrian activity for the Town of Avon. Exhibit 3 Lot B Hotel Development Application CONDITIONS OF P&Z RECOMMENDATION Per the recommendation of P&Z and in accordance with agreements that are legacy to the property, Treadstone is working to complete the following items: Creation of a parking management plan in concert with the owners of Lot A and Lot 55. Completion of a driveway design for the Shared Access improvements. Driveway to be shared with Lot C. Discussions with the Town of Avon regarding the use of excess capacity from the heat recovery system. Discussions with the Town of Avon regarding the landscaping of the areas adjacent to Lot B. Exhibit 3 Lot B Hotel Development Application PARKING MANAGEMENT PLAN Treadstone has worked closely with the Lodge at Avon and Alpine Bank to develop a parking management plan for the area that includes Lot B, Lot A, Outlot 1, and Lot 55. Highlights of this draft plan are: The parking design includes sufficient parking to meet both code and anticipated demand. The Walker Parking study confirmed that the total study area would have 20 spaces in excess of what would be required by code and 61 spaces in excess of peak demand. All parties will need to take part in the management plan. This is a big change vs the historical status quo of simply having 100+ available spaces at all times. A significant component of the plan is to be sure all parties are using the parking on their properties first. Parking on Lot B will assume 3 groups of users: Hotel guests and employees, Lodge at Avon owners/tenants/renters who have access to the Lot A underground garage, and all others. A validation system will be in place to ensure that users of the Lot B parking are owners/customers/tenants of the buildings located on Lots A, B, and 55. Parkers who exceed their validation time will pay a parking fee. The fee will be market driven and may vary by season. Treadstone is committed to working with the neighbors to facilitate efficient and effective use of the parking resources. Exhibit 3 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 SHEET NUMBERCHECKED BY:SHEET TITLEDRAWN BY:PROJECT NO:DATE:CONSULTANT PCREVISIONSPROJECT TITLE JAG07.12 .20162961 W. MacArthur Blvd.Suite 120 Santa Ana, California, 92704 t. (714) 556-2656 f. (714) 556-2696 15-57505 8TH Street Hermosa Beach, CA 90254 t.(310) 999-8791 www.treadcon.com STAMP AREA ENTITLEMENT PACKAGE:AVON HOTEL 05.11.2016 HOA SET 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL 07.11.2016 HOA SUBMITTAL 07.12.2016 SHARED ACCESSTREADSTONEC O R P O R A T I O N 09.16.2016 PLANNING RE-SUBMITTAL130 W. BEAVER CREEK BLVD AVON, CO 81620 10.18.2016 PLANNING RE-SUBMITTAL LANDSCAPE PLAN L -1.0N 1 CONCEPTUAL LANDSCAPE PLAN 1" = 20'-0"PLANExhibit 4 SHEET NUMBERCHECKED BY:SHEET TITLEDRAWN BY:PROJECT NO:DATE:CONSULTANT PCREVISIONSPROJECT TITLE JAG07.12 .20162961 W. MacArthur Blvd.Suite 120 Santa Ana, California, 92704 t. (714) 556-2656 f. (714) 556-2696 15-57505 8TH Street Hermosa Beach, CA 90254 t.(310) 999-8791 www.treadcon.com STAMP AREA ENTITLEMENT PACKAGE:AVON HOTEL 05.11.2016 HOA SET 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL 07.11.2016 HOA SUBMITTAL 07.12.2016 SHARED ACCESSTREADSTONEC O R P O R A T I O N 09.16.2016 PLANNING RE-SUBMITTAL130 W. BEAVER CREEK BLVD AVON, CO 81620 10.18.2016 PLANNING RE-SUBMITTAL LANDSCAPE NOTES AND PLANT SCHEDULTE L -1.1 GE N E R A L N O T E S : 1. A L L D I S T U R B E D O R R E - G R A D E D A R E A S T O B E R E - V E G E T A T E D WI T H A L A N D S C A P E T R E A T M E N T S I M I L A R T O T H E A R E A S AD J A C E N T T O T H E D I S T U R B E D A R E A . 2. S I L T F E N C E O R H A Y B A L E S A R E T O B E P L A C E D A T T H E L I M I T OF C O N S T R U C T I O N A S N E E D E D T O P R E V E N T E R O S I O N A N D SE D I M E N T A T I O N . A C O N S T R U C T I O N F E N C E W I L L B E P L A C E D AT T H E L I M I T O F D I S T U R B A N C E W H E R E T H E S I L T F E N C E O R HA Y B A L E S A R E N O T U S E D . 3. A L L W O R K O N B O T H P R O J E C T S S H A L L B E P E R F O R M E D I N AC C O R D A N C E W I T H A L L A P P L I C A B L E C O D E S , O R D I N A N C E S , AN D L O C A L G O V E R N M E N T S T A N D A R D S P E R T H E A P P R O V E D PL A N S . 4. C O N T R A C T O R S S H A L L B E R E S P O N S I B L E F O R C O N T A C T I N G AL L U T I L I T Y C O M P A N I E S F O R F I E L D L O C A T E S O F A L L UN D E R G R O U N D U T I L I T Y L I N E S P R I O R T O A N Y E X C A V A T I O N AN D B E C O M I N G A W A R E O F A L L U N D E R G R O U N D U T I L I T I E S AN D S U B - S U R F A C E I N F R A S T R U C T U R E . C O N T R A C T O R S SH A L L T A K E S O L E R E S P O N S I B I L I T Y F O R A N Y C O S T I N C U R R E D DU E T O D A M A G E T O U T I L I T I E S . 5. A L L S T R U C T U R A L E L E M E N T S , B O U L D E R S A N D T R E E S T H A T AR E N O T I D E N T I F I E D F O R D E M O L I T I O N O R R E M O V A L A R E T O BE P R E S E R V E D A N D P R O T E C T E D D U R I N G A L L P E R I O D S O F WO R K . 6. A L L S I T E A N D L A N D S C A P E E L E M E N T S S H A L L B E L O C A T E D AN D L A I D O U T I N T H E F I E L D B Y T H E C O N T R A C T O R A N D AP P R O V E D B Y T H E L A N D S C A P E A R C H I T E C T P R I O R T O F I N A L IN S T A L L A T I O N . 7. F I N A L L O C A T I O N A N D S T A K I N G O F A L L P L A N T A N D HA R D S C A P E M A T E R I A L S S H A L L B E P E R F O R M E D B Y T H E LA N D S C A P E C O N T R A C T O R A T T H E D I R E C T I O N O F T H E LA N D S C A P E A R C H I T E C T . C O N T R A C T O R S H A L L N O T P R O C E E D WI T H P L A N T I N G A N D F I N A L I N S T A L L A T I O N U N T I L L A Y O U T A N D ST A K I N G H A S B E E N F U L L Y A P P R O V E D B Y T H E L A N D S C A P E AR C H I T E C T . 8. A L L B O U L D E R P L A C E M E N T I S T O B E A P P R O V E D I N A D V A N C E BY L A N D S C A P E A R C H I T E C T P R I O R T O F I N A L P L A C E M E N T . 9. A L L R O A D W A Y A R E A S W I T H I N A N D S U R R O U N D I N G W O R K AR E A S S H A L L B E S W E P T A N D C L E A N E D A T C O M P L E T I O N O F WO R K E A C H D A Y A N D N O M A T E R I A L S S H A L L B E S T O R E D WI T H I N O R S U R R O U N D I N G T H E W O R K A R E A O V E R N I G H T . CO N S T R U C T I O N S H A L L N O T B E C O N S I D E R E D C O M P L E T E UN T I L A L L P R O J E C T A R E A S H A V E B E E N C L E A N E D O F A L L DI R T , D E B R I S , M A T E R I A L S , A N D A L L D A M A G E D I T E M S RE P A I R E D W I T H A C C E P T A N C E B Y T H E T O W N E N G I N E E R A N D LA N D S C A P E A R C H I T E C T . IR R I G A T I O N N O T E S & S P E C I F I C A T I O N S : 1. A U T O M A T I C D R I P I R R I G A T I O N S H A L L B E P R O V I D E D A T A L L N E W T R E E S , S H R U B S , A N D PE R E N N I A L B E D S . A U T O M A T I C 6 " P O P - U P S P R A Y H E A D S O R R O T O R S S H A L L B E PR O V I D E D F O R L A W N A R E A S . A L L O V E R H E A D I R R I G A T I O N H E A D S S H A L L B E S P A C E D ON C E N T E R P E R T H E I R C O V E R A G E R A D I U S T O P R O V I D E E V E N A N D E F F I C I E N T WA T E R I N G . 2. F L U S H D I R T A N D D E B R I S F R O M P I P I N G B E F O R E I N S T A L L I N G S P R I N K L E R S A N D O T H E R DE V I C E S . 3. A L O W V O L T A G E S Y S T E M M A N U F A C T U R E D E X P R E S S L Y F O R C O N T R O L O F A U T O M A T I C CI R C U I T V A L V E S O F A N I R R I G A T I O N S Y S T E M S H A L L B E I N S T A L L E D . S Y S T E M S H A L L IN C L U D E A N A D J U S T A B L E 2 4 H O U R T I M E C L O C K W H I C H W I L L A L L O W F O R A U T O M A T I C , SE M I - A U T O M A T I C , O R M A N U A L O P E R A T I O N ; C I R C U I T C O N T R O L W H I C H A L L O W S F O R MA N U A L O R A U T O M A T I C O P E R A T I O N ; A N D P R O G R A M M A B L E C A P A B I L I T I E S T H A T AL L O W F O R I N D E P E N D E N T W A T E R I N G S C H E D U L E S P E R Z O N E . T H E S Y S T E M S H A L L IN C L U D E A P R E S S U R E R E G U L A T O R A N D B A C K F L O W P R E V E N T O R D E V I C E W I T H 2 0 G P M AT 6 0 P S I A T A 1 " P O I N T O F C O N N E C T I O N . N O T I F Y L A N D S C A P E A R C H I T E C T I F T H E RE Q U I R E D F L O W C A N N O T B E M E T . 4. I R R I G A T I O N S Y S T E M T O I N C L U D E A N A U T O M A T I C M O I S T U R E S E N S O R T H A T I S A B L E T O SH U T O F F T H E S Y S T E M W H E N R A I N I S D E T E C T E D . 5. P R O V I D E 4 ' ' P V C S L E E V I N G B E L O W A L L H A R D S C A P E T O A D J A C E N T P L A N T I N G A R E A S . 6. M A I N L I N E I S T O B E B U R I E D 1 2 ' ' - 1 8 ' ' B E L O W F I N I S H E D G R A D E . L A T E R A L P I P E S S H A L L BE B U R I E D 8 ' ' - 1 2 ' ' B E L O W F I N I S H E D G R A D E I N L A N D S C A P E D A R E A S A N D A M I N I M U M O F 2'' B E L O W F I N I S H E D G R A D E I N N A T I V E / U N D I S T U R B E D A R E A S . A L L P I P E T R E N C H E S SH A L L B E F R E E O F R O C K S A N D D E B R I S P R I O R T O P I P E I N S T A L L A T I O N . B A C K F I L L TR E N C H E S W I T H S O I L T H A T I S F R E E O F R O C K S A N D D E B R I S . 7. I N S T A L L A L L D R I P I R R I G A T I O N L I N E S P E R M A N U F A C T U R E R S P E C I F I C A T I O N S . 8. V A L V E B O X L O C A T I O N S A R E T O B E A P P R O V E D B Y L A N D S C A P E A R C H I T E C T P R I O R T O IN S T A L L A T I O N . 9. C O N T R A C T O R I S T O P R O V I D E O W N E R W I T H A S - B U I L T I R R I G A T I O N P L A N S T H A T IN C L U D E A P P R O X I M A T E M A I N L I N E R O U T I N G A N D V A L V E B O X L O C A T I O N S . 10 . T H E F O L L O W I N G I R R I G A T I O N T E S T S A N D I N S P E C T I O N S S H A L L B E C O M P L E T E D B Y T H E CO N T R A C T O R : 10 . 1 . L E A K T E S T : A F T E R I N S T A L L A T I O N , C H A R G E S Y S T E M A N D T E S T F O R L E A K S . RE P A I R L E A K S A N D R E T E S T U N T I L N O L E A K S E X I S T . 10 . 2 . O P E R A T I O N A L T E S T : A F T E R E L E C T R I C A L C I R C U I T R Y H A S B E E N E N E R G I Z E D , OP E R A T E C O N T R O L L E R S A N D A U T O M A T I C C O N T R O L V A L V E S T O C O N F I R M PR O P E R S Y S T E M O P E R A T I O N 10 . 3 . T E S T A N D A D J U S T C O N T R O L S A N D S A F E T I E S : R E P L A C E D A M A G E D A N D MA L F U N C T I O N I N G C O N T R O L S A N D E Q U I P M E N T . 11 . C O N T R A C T O R I S T O P R O V I D E S T A R T U P A N D B L O W - O U T S E R V I C E S F O R I R R I G A T I O N SY S T E M F O R T H E F I R S T S E A S O N I T I S I N S T A L L E D . PLANT SCHEDULE Symbol Key Botanical Description QTY Size Spacing Notes RM Rosa 'Morden Sunrise'Morden Sunrise Rose 14 5 g a l . as shownSymbolKeyBotanicalCommon Name QTY Size Spacing Notes CS Cornus sericea 'Isanti'Isanti Dogwood 13 5 g a l . as shown SJ SVSpirea japonica 'Goldflame'Goldflame Spirea17as shown5 gal.Syringa vulgaris 'Albert Holden'Albert Holden Lilac22as shown15 gal.CC Crataegus crus-galli inermisThornless Cockspur Hawthorne18Single Stem2.5"Cal.as shownDeciduous Trees AG Acer grandidentatumBigtooth Maple 3 Single Stem2.5"Cal.as shown PT Populus tremuloidesQuaking Aspen 9 Single and Multi - Stem3"Cal.as shown Coniferous Trees PP Picea pungens 'Fat Albert'Fat Albert Blue Spruce 12 8 ' H t . as shown PA Pinus aristataBristlecone Pine 76' Ht.as shown Shrubs BTBerberis thunbergii 'Atropurpurea'Japanese Barberry11 5 g a l . as shownPMPinus mugo 'Big Tuna'Big Tuna Mugo Pine51 3 ' h t . as shown6' Ht.10' Ht. IR R I G A T I O N A R E A C A L C U L A T I O N S La n d s c a p e A r e a P r o v i d e d 11 , 6 2 2 S F 17 . 4 % o f L o t / S q . F t . To t a l I r r i g a t e d A r e a 2,0 1 8 S F Sp r a y A r e a 47 8 S F Dr i p A r e a 1, 5 4 0 S F Symbol Key Botanical Common Name QTY Size Spacing NotesGrasses CA 104 5 g a l . as shownCalamagrostisacutiflora 'Karl Forester'Karl Forester Feather Reed Grass Helictotrichon sempervirens HS 95 5 g a l . as shownBlue Avena GrassKAKolkwitzia amabilis Beauty Bush 30 5 g a l . as shown POPhysocarpos opulifolius Amber JubileeAmber Jubillee Ninebark19 5 g a l . as shownJMJuniperus x media 'Sea Green'Sea Green Juniper10 5 g a l . as shownACAbies concolor White Fir 48' Ht.as shown Key Botanical Common Name QTY Size Spacing NotesPerennials - 1,942 sf N/A Aquilegia chrysanthaYellow Columbine 60 18"1 gal.N/A Rudbeckia fulgidaBlack Eyed Susan 1 gal.18"55N/A Hemerocallis 'Hyperion'Yellow Daylily 60 18"1 gal.N/A Aquilegia coeruleaRocky Mountain Columbine6418"1 gal.N/A Salvia nemorosa Purple Salvia 1 gal. 1 8 " 55N/AMonarda 'Gardenview Scarlet'Red Bee-Balm 1 gal. 1 8 " 57 N/A Osteospermum 'Avalanche'Avalanche White Dwarf Sun Daisy1 gal. 1 8 " 49N/A Aquilegia 'White Star'White Star Columbine 55 18"1 gal.N/A Hemerocallis ''Autumn Red'Red Daylily 66 18"1 gal.N/AHuechera sanguinea 'Splendens'Red Coral Bells56 18"1 gal.N/A Geranium viscosissimumSticky Geranium 43 18"1 gal.N/A Campanula persicifoliaPeach-Leaved Bellflower61 18"1 gal.N/A Geranium caespitosumPurple Wild Cranesbill 42 18"1 gal.Eu Eriogonum umbellatumSulphur Flower 31 18"1 gal.N/A Machaeranthera bigeloviiSanta Fe Aster 1 gal.18"43N/A Hemerocallis 'Stella De Oro'Dwarf Gold Daylily57 18"1 gal.Ground Cover Symbol Key Botanical Common Name QTY Size Spacing Notes Poa pratensis N/A N / A -478 s.f.Kentucky Bluegrass SodProvide (4) trees at each specified Ht. PL A N T I N G N O T E S A N D S P E C I F I C A T I O N S : 1. A L L P L A N T M A T E R I A L S S H A L L B E N U R S E R Y G R O W N . P L A N T S S H A L L B E HE A L T H Y A N D F R E E O F D I S E A S E A N D P E S T S . A L L P L A N T M A T E R I A L S A R E T O BE A P P R O V E D B Y L A N D S C A P E A R C H I T E C T P R I O R T O I N S T A L L A T I O N . 2. L A Y O U T A N D L O C A T I O N O F A L L P L A N T S A N D T R E E S T O B E A P P R O V E D B Y OW N E R O R L A N D S C A P E A R C H I T E C T P R I O R T O I N S T A L L A T I O N . 3. L A N D S C A P E C O N T R A C T O R S H A L L S U P P L Y P H O T O S A N D L O C A T I O N O F T H E SO U R C E O F A L L T R E E S A N D S H R U B S T O B E A P P R O V E D B Y L A N D S C A P E AR C H I T E C T P R I O R T O D E L I V E R Y O F M A T E R I A L S T O T H E P R O J E C T S I T E . 4. A L L C O N T A I N E R P L A N T S S H A L L H A V E B E E N G R O W N I N T H E C O N T A I N E R S I N WH I C H T H E Y A R E D E L I V E R E D F O R A M I N I M U M O F T W O M O N T H S , B U T N O T MO R E T H A N T W O Y E A R S F O R S H R U B S A N D G R A S S E S A N D O N E Y E A R F O R PE R E N N I A L S A N D G R O U N D C O V E R S . 5. T O P S O I L / P L A N T I N G B A C K F I L L I S T O B E C L E A N A N D W E L L S C R E E N E D . I T SH A L L C O N S I S T O F 6 6 % N A T I V E T O P S O I L A N D 3 3 % C O M P O S T , W I T H A 2 5 % HO R S E M A N U R E C O N T E N T , T O A D E P T H O F 9 " A C R O S S T H E E N T I R E E X T E N T OF A L L P L A N T E D A R E A S , E X C E P T A R E A O F S O D . 6. A L L T R E E A N D S H R U B P L A N T I N G A R E A S A R E T O B E M U L C H E D W I T H 2 ” D E P T H MU L C H . T H E S P E C I F I E D M U L C H F O R A L L P L A N T I N G B E D S I S T O B E A F I N E BA R K M U L C H 7. A L L P E R E N N I A L B E D S S H A L L B E C O V E R E D W I T H A T O P C O A T O F 2 ” O F CO M P O S T O R S O I L P E P ( N O M U L C H ) . C O N T R A C T O R S H A L L P R O V I D E A SA M P L E O F C O M P O S T A N D I T S S O U R C E T O L A N D S C A P E A R C H I T E C T P R I O R TO P L A N T I N S T A L L A T I O N . 8. T R E E S S H A L L H A V E A L L B I N D I N G M A T E R I A L R E M O V E D A R O U N D T H E B A S E O N TH E T R U N K A N D B U R L A P M A T E R I A L S R E M O V E D A T L E A S T H A L F W A Y T O T H E MI D D L E O F T H E R O O T B A L L P R I O R T O B A C K F I L L I N G A N D P L A N T I N G . 9. E V E R G R E E N T R E E S G R E A T E R T H A N 6 ' A R E T O B E S T A K E D W I T H ( 3 ) 5 ' S T E E L T- S T A K E S A N D G U Y E D W I T H G A L V A N I Z E D W I R E . 10 . L A N D S C A P E C O N T R A C T O R S H A L L B E R E S P O N S I B L E F O R E R A D I C A T I O N , RE M O V A L , D I S P O S A L O F W E E D S W I T H I N T H E L I M I T S O F W O R K D U R I N G T H E CO N S T R U C T I O N P E R I O D A N D T H R O U G H T H E P R O J E C T ' S F I N A L A C C E P T A N C E . 11 . T H E P L A C E M E N T O F R E - L O C A T E D T R E E S S H A L L B E C O O R D I N A T E D W I T H A N D DE T E R M I N E D B Y T H E T O W N O F A V O N . 12 . A T T H E T I M E O F P L A N T I N G A L L N E W L Y P L A N T E D T R E E S A N D S H R U B S S H A L L BE F E R T I L I Z E D W I T H B I O S O I L M I X , A L L - P U R P O S E F E R T I L I Z E R P E R MA N U F A C T U R E R ' S S P E C I F I C A T I O N S . T H I S F E R T I L I Z E R T O B E M I X E D I N W I T H PL A N T I N G B A C K F I L L . P L E A S E C O N T A C T R O C K Y M O U N T A I N B I O - P R O D U C T S , 10 8 0 1 E . 5 4 T H A V E N U E , D E N V E R , C O . 8 0 2 3 9 , P H O N E ( 3 0 3 ) 6 9 6 - 8 9 6 4 . 13 . A L L S O D , P E R E N N I A L B E D , A N D M U L C H A R E A S S H A L L B E S E P A R A T E D F R O M ON E A N O T H E R W I T H E D G I N G . T H E P R E F E R R E D P R O D U C T I S R Y E R S O N M E T A L ED G I N G O R E Q U A L . E D G I N G S H A L L B E 1 / 8 ” X 4 ” S T E E L R O L L T O P , P I N N E D I N PL A C E W I T H T H R E E 1 2 ” E D G I N G P I N S S P A C E D E V E N L Y P E R 1 0 ' S E C T I O N O F ED G I N G . O V E R L A P E D G I N G B Y A M I N I M U M 1 2 ” A N D S E C U R E O V E R L A P P I N G ED G E S W I T H 2 P I N S . E D G I N G S H A L L N O T E X T E N D A B O V E S U R R O U N D I N G FIN I S H E D G R A D E B Y M O R E T H A N ¼ ” . 7. T H E P L A N T L I S T I S P R O V I D E D F O R R E F E R E N C E O N L Y , A N D T H E C O N T R A C T O R IS R E S P O N S I B L E F O R V E R I F Y I N G A L L P L A N T C O U N T S A N D I F A D I S C R E P A N C Y EX I S T S , T H E P L A N S H A L L D I C T A T E . 8. P R I O R T O P L A N T I N G , T H E I R R I G A T I O N S Y S T E M S H A L L B E F U L L Y I N P L A C E AN D O P E R A T I O N A L . A L L P L A N T E D A R E A S A R E T O B E I R R I G A T E D . IR R I G A T I O N T O B E D E S I G N B U I L D B Y L A N D S C A P E C O N T R A C T O R . 9. P R E P A R A T I O N O F A L L S O D A R E A S W I L L I N C L U D E : L O O S E N I N G T H E S O I L T O A MI N I M U M O F 6 ” D E P T H , R E M O V I N G R O C K S A N D D E B R I S O V E R 1 ” I N D I A M E T E R , AN D A M E N D I N G W I T H 2 ” C O M P O S T A N D 2 ” T O P S O I L , A N D T I L L I N G T O A MI N I M U M 6 ” D E P T H . A L L S O D A R E A S W I L L B E G R A D E D T O B E A S M O O T H , CO N S I S T E N T L Y E V E N , F R E E D R A I N I N G S U R F A C E . 10 . L A N D S C A P E C O N T R A C T O R S H A L L S U B M I T A W R I T T E N D O C U M E N T RE G A R D I N G I T S P O L I C Y O F P L A N T W A R R A N T Y F O R P L A N T S P R O V I D E D B Y CO N T R A C T O R . E A C H W A R R A N T Y S H A L L C O N F O R M T O T H E M I N I M U M ST A N D A R D O F R E P L A C I N G A L L M A T E R I A L S I N C L U D I N G L A B O R , D U E T O T H E SI C K N E S S O R D E A T H O F A P L A N T F O R A P E R I O D O F T W O Y E A R S . F O L L O W I N G TH E P L A N T S I N S T A L L A T I O N A N D A C C E P T A N C E O F T H E P R O J E C T . 11 . A L L E X C E S S N A T I V E S O I L R E S U L T I N G F R O M S O I L P R E P S H A L L B E D I S P O S E D OF A N D R E M O V E D F R O M T H E S I T E . 12 . R E F E R T O C I V I L G R A D I N G P L A N F O R P R O P O S E D G R A D E S SI T E C A L C U L A T I O N S : SIT E A R E A S W I T H I N P R O P E R T Y B O U N D A R Y • TO T A L L O T A R E A : 6 6 , 9 2 5 S F • TO T A L L A N D S C A P E A R E A : 1 1 , 6 2 2 S F = 1 7 . 4 % O F T O T A L S I T E A R E A AD D I T I O N A L L A N D S C A P E A R E A S S H O W N O U T S I D E O F P R O P E R T Y B O U N D A R Y = 5 , 8 1 9 S F HA R D S C A P E N O T E S : 1. L A N D S C A P E B O U L D E R S A R E I N T E N D E D T O M A T C H T H E EX I S T I N G B O U L D E R S U S E D A L O N G T H P E D E S T R I A N M A L L AN D S H A L L B E A N G U L A R C O L O R A D O B U F F S A N D S T O N E BO U L D E R S W I T H V A R I A T I O N I N C O L O R I N C L U D I N G L I G H T BR O W N , B E I G E , D A R K S B R O W N S , A N D R U S T O R A N G E . 2. R I V E R R O C K M U L C H I S T O B E 3 ” M I N I M U M T O 6 ” M A X I M U M DI A M E T E R R O U N D E D R I V E R C O B B L E O F S I M I L A R C O L O R RA N G E S A S T H O S E U S E D I N A L O N G T H E P E D E S T R I A N M A L L . 3. P E D E S T R I A N M A L L P A T H G R A D I N G I S P R O P O S E D T O B E RA I S E D B Y O N E F O O T I N T H E A R E A S H O W N O N T H E LA N D S C A P E P L A N . T H I S W I L L C R E A T E A B E T T E R RE L A T I O N S H I P T O T H E R E T A I L F R O N T A G E A N D L O B B Y EN T R A N C E O F T H E N E W H O T E L A L O N G T H E P E D E S T R I A N MA L L . L A N D S C A P E A R E A S A L O N G T H E S O U T H S I D E O F T H E PA T H W I L L N E E D T O B E A D J U S T E D T O A C C O M M O D A T E RA I S I N G T H E P A T H G R A D E . 4. P A V E R S S H O W N O N P E D E S T R I A N M A L L P A T H A R E I N T E N D E D TO R E P L A C E T H E E X I S T I N G A S P H A L T P A T H I N I T S C U R R E N T AL I G N M E N T . C O L O R A N D P A T T E R N O F T H E P A V E R S I S T O MA T C H T H E E X I S T I N G P A V E R A R E A S T O T H E E A S T . 5. P A V E R S S H O W N A L O N G T H E R E T A I L S P A C E S O F T H E N E W HO T E L A R E I N T E N D E D T O B E A D I F F E R E N T P A T T E R N W I T H A SI M I L A R C O L O R P A L E T T E T O C O M P L E M E N T B O T H T H E PE D E S T R I A N M A L L P A V E R S A N D C O L O R S U S E D O N T H E HO T E L . 6. V E H I C U L A R D R I V E W A Y P A V E R S ( 8 0 m m T H I C K N E S S ) A R E IN T E N D E D T O G U I D E G U E S T S T O W A R D T H E H O T E L L O B B Y AN D D R O P O F F A R E A . 17 . 4 % o f L a n d s c a p e d a r e a / S q . F t . 23 . 7 % o f I r r i g a t e d a r e a / S q . F t . 76 . 3 % o f I r r i g a t e d a r e a / S q . F t . Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 SECTION SLOPEExhibit 4 FLUSHACTIVATOR ON WIDE SIDE FLUSHACTIVATOR ON WIDE SIDE 30" x 48" CLEARSPACE 30" x 48" CLEARSPACE 30" x 48" CLEARSPACE 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1 1 1 1 111 2 2 2 2 2 2 22 2 22 735 S. Xenon Ct. #201 Lakewood, Colorado 80228 Ph: 303.716.1270 Fax: 303.716.1272 www.givenandassociates.com Project #G 16090 ENTITLEMENT PACKAGE:AVON, COLORADOAVON HOTEL 05.11.2016 HOA SET 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL 10.17.2016 PLANNING RE-SUBMITTAL SITE LIGHTING PHOTOMETRIC PLAN E-1.0Exhibit 4 735 S. Xenon Ct. #201 Lakewood, Colorado 80228 Ph: 303.716.1270 Fax: 303.716.1272 www.givenandassociates.com Project #G 16090 ENTITLEMENT PACKAGE:AVON, COLORADOAVON HOTEL 05.11.2016 HOA SET 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL 10.17.2016 PLANNING RE-SUBMITTAL SITE LIGHTING CUTSHEETS E-2.0Exhibit 4 735 S. Xenon Ct. #201 Lakewood, Colorado 80228 Ph: 303.716.1270 Fax: 303.716.1272 www.givenandassociates.com Project #G 16090 ENTITLEMENT PACKAGE:AVON, COLORADOAVON HOTEL 05.11.2016 HOA SET 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL 10.17.2016 PLANNING RE-SUBMITTAL SITE LIGHTING CUTSHEETS E-3.0Exhibit 4 Z E H R E N AND ASSOCIATES P.O. BOX 1976 Avon, Colorado 81620ARCHITECTURE • PLANNING • INTERIORS LANDSCAPE ARCHITECTURE 970.949.0257 FAX 970.949.1080www.zehren.com AV O N H O T E L MA J O R D E V E L O P M E N T P L A N S U B M I T T A L EXHIBITS TO W N C O U N C I L 1 2 . 0 5 . 2 0 1 6 INDEX Vicinity map , Building + Code Summary Boundaries - first floor - basement Subdivision exhibit Site Plan - first floor - basement Fire Access - first floor Parking - first floor - basement Pedestrian Access - first floor Vehicle Access - first floor - basement Service Access - first floor - basement Illustrative Landscape Plan Landscape Area Calc Lot Coverage - first floor Snow Melt Coverage Materials Material Boards - hotel - condo Roof Plan - hotel - condo Elevations - hotel - condo CO D E VI C I N I T Y M A P Th e f o l l o w i n g c o d e s a p p l y : 20 1 5 I n t e r n a t i o n a l B u i l d i n g C o d e 20 1 5 I n t e r n a t i o n a l E n e r g y C o n s e r v a t i o n C o d e 20 1 5 I n t e r n a t i o n a l P l u m b i n g C o d e 20 1 5 I n t e r n a t i o n a l M e c h a n i c a l C o d e Bu i l d i n g I n f o r m a t i o n : Bu i l d i n g T y p e : I A C o n c r e t e p o d i u m + V A a b o v e - f u l l y s p r i n k l e r e d All o w a b l e H e i g h t : 5 f l o o r s + B a s e m e n t - H e i g h t i s u n d e r 8 0 ’ - 0 ” Us e a n d O c c u p a n c y C l a s s i f i c a t i o n Pr i m a r y O c c u p a n c y : R - 1 Pa r k i n g : S - 2 Ty p e o f C o n s t r u c t i o n Ta b l e 6 0 1 Bu i l d i n g E l e m e n t s : S - 2 ( 1 - A ) R - 1 ( V - A ) A. S t r u c t u r a l F r a m e 3 h r 1 h r B. B e a r i n g W a l l s - E x t e r i o r 3 h r 1 h r C. B e a r i n g W a l l s - I n t e r i o r 3 h r 1 h r D. N o n - b e a r i n g W a l l s - E x t . 0 h r 0 h r E. N o n - b e a r i n g W a l l s - I n t . 0 h r 0 h r F. F l o o r c o n s t r u c t i o n 2 h r 1 h r G. R o o f c o n s t r u c t i o n 1 - 1 / 2 h r 1 h r MA I N S T L E T T U C E S H E D L N SE A S O N S A V O N R D RA I L W A Y WY N D H A M AV O N C T R SH E R A T O N RA I L W A Y W BEA V E R C R E E K B L V D S U N R D A V O N R D I-7 0 BU I L D I N G S U M M A R Y Av o n H o t e l Sh e e t s A - 1 . 0 + A - 1 . 1 Pa r k i n g T a b u l a t i o n Gro u n d f l o o r Ba s e m e n t To t a l 6 6 r e g u l a r s t a l l s 7 A D A s t a l l s 12 1 r e g u l a r s t a l l s 20 4 s t a l l s 1 1 r e g u l a r s t a l l f o r L o t B Sh e e t s A - 2 . 0 + A - 2 . 1 Gr o s s B u i l d i n g A r e a Ho t e l Gr o u n d f l o o r Ba s e m e n t 2n d f l o o r 3r d f l o o r 4t h f l o o r 5t h f l o o r Re t a i l Gr o u n d f l o o r To t a l 8 , 5 5 2 s q f t . 3 , 6 0 5 s q . f t 2 3 , 8 1 0 s q . f t 2 1 , 6 3 4 s q . f t 2 1 , 6 3 4 s q . f t 2 1 , 6 3 4 s q . f t 5 3 6 s q . f t 10 1 , 4 0 5 s q . f t Ro o m s - t o t a l 1 4 2 u n i t s Ac c e s s i b l e D o u b l e Q u e e n B a l c o n y Ac c e s s i b l e K i n g B a l c o n y Ac c e s s i b l e K i n g S o f a Do u b l e Q u e e n , 1 Do u b l e Q u e e n , 2 Do u b l e Q u e e n , 3 Do u b l e Q u e e n B a l c o n y Do u b l e Q u e e n B a l c o n y , 2 Kin g B a l c o n y Kin g S o f a Kin g S o f a B a l c o n y 2nd 1 1 2 2 4 8 2 0 6 5 03rd1122482465 24th1122482465 25th1122482465 2Sq.ft 534 534 480 294 306 330 402 545 434 384 497units per floor Re c r e a t i o n C e n t e r Sh e e t s A - 2 . 3 + A - 2 . 4 Gr o s s B u i l d i n g A r e a Re c r e a t i o n C e n t e r Gro u n d f l o o r Ou t d o o r d e c k Fit n e s s a r e a Co n d o 2n d f l o o r 3r d f l o o r 4t h f l o o r 5t h f l o o r To t a l 2 , 9 0 0 s q . f t 1 , 6 7 8 s q . f t 3 , 5 4 5 s q . f t 3 , 5 4 5 s q . f t 3 , 5 4 5 s q . f t 2 , 5 4 5 s q . f t 17 , 2 1 3 s q . f t Po o l 1 8 ’ x 3 6 ’ 42 ” d e e p Ph a s e I I S p e c i f i c a t i o n 1. P o o l n o t l e s s t h a n 1 8 ’ x 3 6 ’ , 4 2 ” d e e p 2. S p a n o t l e s s t h a n 1 0 ’ d i a . , 3 6 ” d e e p 3. O u t d o o r d e c k i n c l u d i n g p o o l + s p a n o t l e s s t h a n 2 , 8 0 0 s q . f t 4. F i t n e s s a r e a n o t l e s s t h a n 2 5 0 s q f t t o i n c l u d e c h a n g i n g r o o m s / r e s t r o o m Sp a 1 0 ’ D i a . 36 ” d e e p Op e n D e c k 2, 9 0 0 s q . f t Lo t 3 ( A i r s p a c e ) Lo t 2 ( D e c k S u r f a c e ) Co v e r e d W a l k w a y Exhibit 4 ACCESS EASEMENT PROPERTY LINE first floor plan scale:1/32”=1’-0”SITE PLAN A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S Exhibit 4 basement scale:1/32”=1’-0”SITE PLAN A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . Exhibit 4 LOT A LOT B (PHASE II)LOT 5 (SUBSURFACE)LOT 6 ( SURFACE + AIR)LOT 2A (LOT A)LOT 3A (LOT B)LOT 7 (PHASE II)LOT 1 (SUBSURFACE PHS I)LOT 2 (DECK SURFACE PHS II)LOT 3 (AIRSPACE PHS II) A V O N C E N T E R H O T E L LOT 4 H O T E L first floor plan scale:1/32”=1’-0”BOUNDARIES S E A S O N S F U T U R E T O W N H A L L W E S T B E A V E R C R E E K B L V D. M A I N S T . A V O N C E N T E R Exhibit 4 A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . A V O N C E N T E R LOT A LOT B (PHASE II)LOT 5 (SUBSURFACE)LOT 6 ( SURFACE + AIR)LOT 2A (LOT A)LOT 3A (LOT B)LOT 7 (PHASE II)LOT 1 (SUBSURFACE PHS I)LOT 2 (DECK SURFACE PHS II)LOT 3 (AIRSPACE PHS II)LOT 4 basement scale:1/32”=1’-0”BOUNDARIES H O T E L Exhibit 4 SUBDIVISION EXHIBITExhibit 4 first floor plan scale:1/32”=1’-0”FIRE ACCESS A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S FIRE TRUCK FIRE CMD CTR FH FH FIRE HYDRANTFH STAND PIPE SPSPExhibit 4 first floor scale:1/32”=1’-0”PARKING A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S 1ST FLOOR 66 STANDARD 10 LOW EMISSION 7 ADA PARKING 11 AVON CTR PARKING BASEMENT 121 STANDARD TOTAL 204 PARKINGExhibit 4 W E S T B E A V E R C R E E K B L V D. M A I N S T . A V O N C E N T E R basement scale:1/32”=1’-0”PARKING1ST FLOOR 66 STANDARD 10 LOW EMISSION 7 ADA PARKING 11 AVON CTR PARKING BASEMENT 121 STANDARD TOTAL 204 PARKINGExhibit 4 first floor scale:1/32”=1’-0”PEDESTRIAN + VEHICULAR ACCESS A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S IN OUT ONE WAYPATH OF TRAVEL HOTEL ENTRANCE RETAIL ENTRANCEExhibit 4 W E S T B E A V E R C R E E K B L V D. M A I N S T . A V O N C E N T E R basement scale:1/32”=1’-0”PEDESTRIAN + VEHICULAR ACCESS IN OUT ONE WAYExhibit 4 first floor scale:1/32”=1’-0”SERVICE/DELIVERY ACCESS A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S SERV TRUCK SMALL SERV. TRUCKExhibit 4 W E S T B E A V E R C R E E K B L V D. M A I N S T . A V O N C E N T E R basement scale:1/32”=1’-0”SERVICE/DELIVERY ACCESS SERV TRUCK SMALL SERV. TRUCKExhibit 4 first floor LANDSCAPE A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S Z E H R E N AND ASSOCIATES P.O. BOX 1976 Avon, Colorado 81620ARCHITECTURE • PLANNING • INTERIORS LANDSCAPE ARCHITECTURE 970.949.0257 FAX 970.949.1080www.zehren.comExhibit 4 first floor LANDSCAPE AREAS A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S Z E H R E N AND ASSOCIATES P.O. BOX 1976 Avon, Colorado 81620ARCHITECTURE • PLANNING • INTERIORS LANDSCAPE ARCHITECTURE 970.949.0257 FAX 970.949.1080www.zehren.comExhibit 4 first floor plan scale:1/32”=1’-0”COVERAGE A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S COVERAGE TOTAL LOT B LOT COVERAGE 24,149 SF66,925 SFSNOWMELT31, 813 SF H O T E L Exhibit 4 scale:1/32”=1’-0”ROOF PLAN A V O N C E N T E R H O T E L W E S T B E A V E R C R E E K B L V D. M A I N S T . F U T U R E T O W N H A L L S E A S O N S Exhibit 4 WALL SCONCE TR E S P A GR E Y E D C E D A R TR E S P A RU S T E D B R O W N ME T A L R O O F S I D I N G SI L V E R G R A Y FL E E T W O O D W I N D O W CO L O R : F - 4 ST U C C O DE T 6 2 0 B A R N W O O D G R A Y ST U C C O DE T 6 2 5 R E C L A I M E D W O O D ST U C C O DE 6 3 6 7 C O V E R E D I N P L A T I N U M ST U C C O / T R I M S DE T 6 3 4 D O W N I N G T O E A R T H 1 2 3 4 5 6 7 8 9 1 2 3 4 5 3 10 6 7 9 7 8 10 10 GALLEGOS FACADE MOUNTAIN ASH STONE10FROSTED GLASS 11 fitness / spa MATERIAL BOARDExhibit 4 hotel MATERIAL BOARD WA L L S C O N C E TR E S P A GR E Y E D C E D A R TR E S P A RU S T E D B R O W N ME T A L R O O F S I D I N G SI L V E R G R A Y FL E E T W O O D W I N D O W CO L O R : F - 4 ST U C C O DE T 6 2 0 B A R N W O O D G R A Y ST U C C O DE T 6 2 5 R E C L A I M E D W O O D ST U C C O DE 6 3 6 7 C O V E R E D I N P L A T I N U M ST U C C O / T R I M S DE T 6 3 4 D O W N I N G T O E A R T H GA L L E G O S MO U N T A I N A S H FA C A D E 1 2 3 4 5 6 7 8 9 10 FR O S T E D G L A S S 11 1 2 3 4 3 7 36 3 4 1 23 2 4 10 10 6 10 3 5 7 1 3 3 3 4 11 11 11 11 2 Exhibit 4 hotel scale:1/16”=1’-0”ELEVATIONS 745 4 ' - 0 " 1ST F L O O R E A S E M E N T " A " E A S E M E N T " B " P R O P E R T Y L I N E S E T B A C K 747 0 ' - 0 " 2N D F L O O R 749 0 ' - 2 " 750 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 748 0 ' - 0 " 3R D F L O O R AV O N H O T E L 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 6 ' - 0 " 5 6 ' - 0 " 1 0 ' - 0 " 752 0 ' - 0 " 74 5 4 ' - 0 " 1ST F L O O R 74 7 0 ' - 0 " 2N D F L O O R 74 9 0 ' - 0 " 4TH F L O O R 75 0 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 74 8 0 ' - 0 " 3R D F L O O R 751 6 ' - 5 " 2 1 ' - 0 " 752 0 ' - 0 " 36'-2" 7451'-6"RETAIL 7450'-0"MAIN STREET PEDESTRIAN PATH 745 4 ' - 0 " 1ST F L O O R 747 0 ' - 0 " 2ND F L O O R 749 0 ' - 0 " 4TH F L O O R 750 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 748 0 ' - 0 " 3RD F L O O R 1 5 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 6 ' - 0 " 5 6 ' - 0 " 1 0 ' - 0 " 7520'-0" 752 1 ' - 6 " 7510'-0"ROOF 751 8 ' - 1 1 " 751 8 ' - 1 0 " 752 0 ' - 7 " 7518'-10" E A S E M E N T " A " E A S E M E N T " B " P R O P E R T Y L I N E S E T B A C K 7454'-0"1ST FLOOR7470'-0"2ND FLOOR7490'-0"4TH FLOOR7500'-0"5TH FLOOR7510'-0"ROOF 7480'-0"3RD FLOOR 7451'-6"RETAIL 7450'-0"MAIN STREET PEDESTRIAN PATH IC E C R E A M BO O T S COFFEEAVON HOTEL10'-0"10'-0"10'-0"10'-2"9'-10"16'-0"56'-0" 7454'-0"1ST FLOOR7470'-0"2ND FLOOR7490'-0"4TH FLOOR7500'-0"5TH FLOOR7510'-0"ROOF 7480'-0"3RD FLOOR 745 1 ' - 6 " RET A I L 74 5 0 ' - 0 " MA I N S T R E E T P E D E S T R I A N P A T H IC E C R E A M B O O T S CO F F E E 10'-0"10'-0"10'-0"16'-0"56'-0"10'-0"7520'-0"7518'-0" 74 5 4 ' - 0 " 1ST F L O O R 747 0 ' - 0 " 2N D F L O O R 749 0 ' - 0 " 4TH F L O O R 750 0 ' - 0 " 5TH F L O O R 751 0 ' - 0 " RO O F 748 0 ' - 0 " 3RD F L O O R 751 8 ' - 1 1 " 752 0 ' - 0 " 10'-0" 8 ' - 7 " A SOUTH ELEVATION 1/16 = 1'-0"B NORTH ELEVATION 1/16 = 1'-0"C WEST ELEVATION 1/16 = 1'-0" D EA S T E L E V A T I O N 1/ 1 6 = 1 ' - 0 " Exhibit 4 condo scale:1/16”=1’-0”ELEVATIONS 745 4 ' - 0 " GRO U N D F L O O R 747 1 ' - 0 " 2N D F L O O R 749 1 ' - 0 " 4TH F L O O R 750 1 ' - 0 " 5TH F L O O R 751 1 ' - 0 " RO O F 748 1 ' - 0 " 3RD F L O O R 5 7 ' - 0 " 1 3 ' - 0 " 745 8 ' - 0 " 1ST F L O O R 4 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 745 8 ' - 0 " 1ST F L O O R 747 3 ' - 0 " 1ST F L O O R 747 6 ' - 8 " 7454'-0"GROUND FLOOR7471'-0"2ND FLOOR7491'-0"4TH FLOOR7501'-0"5TH FLOOR7511'-0"ROOF 7481'-0"3RD FLOOR 7458'-0"1ST FLOOR57'-0"13'-0"4'-0"10'-0"10'-0"10'-0"10'-0" 751 1 ' - 0 " RO O F 5 12 6 12 6 12 4 12 4 12 5 12 7 12 7 12 752 3 ' - 2 " 751 5 ' - 2 " 751 7 ' - 4 " 751 4 ' - 4 " 751 6 ' - 1 0 " 752 3 ' - 2 " 752 0 ' - 0 " 752 0 ' - 0 " 4 12 4 12 8 12812 6 12 5 12 745 4 ' - 0 " GRO U N D F L O O R 749 1 ' - 0 " 4TH F L O O R 750 1 ' - 0 " 5TH F L O O R 751 1 ' - 0 " RO O F 748 1 ' - 0 " 3R D F L O O R 745 8 ' - 0 " 1ST F L O O R 752 3 ' - 2 " 751 4 ' - 4 " 751 7 ' - 4 " 752 0 ' - 0 " 747 6 ' - 8 " 7 12712 6 127127126128125127523'-2"7516'-10"7515'-2"BOB PLACE A V O N C E N T E R AVON CENTER7514'-0"7516'-10"7511'-0"ROOF 7458'-0"1ST FLOOR5127523'-2"7491'-0"AVON CENTER 745 4 ' - 0 " GRO U N D F L O O R 747 1 ' - 0 " 2ND F L O O R 749 1 ' - 0 " 4TH F L O O R 750 1 ' - 0 " 5TH F L O O R 751 1 ' - 0 " ROO F 748 1 ' - 0 " 3RD F L O O R 4 ' - 0 " 745 8 ' - 0 " 1ST F L O O R 5 7 ' - 0 " 1 3 ' - 0 " 4 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 " 745 8 ' - 0 " 1ST F L O O R 747 3 ' - 0 " 747 6 ' - 8 " 1 0 ' - 0 " 751 5 ' - 8 " 751 1 ' - 0 " RO O F 751 5 ' - 2 " 751 7 ' - 4 " 752 3 ' - 2 " 7 12 6 12 4 12 4 12 6 12 8 12 8 12 4 12 4 12 A V O N C E N T E R D WEST ELEVATION 1/16 = 1'-0" C NO R T H E L E V A T I O N 1/ 1 6 = 1 ' - 0 " B EAST ELEVATION 1/16 = 1'-0" A SO U T H E L E V A T I O N 1/ 1 6 = 1 ' - 0 " 1 0 ' - 0 " 1 Exhibit 4 PZC Findings of Fact and Record of Decision: #MJR16007 & #AEC16005 Page 1 of 2 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF HEARING: November 14, 2016 DATE OF DECISION December 6, 2016 TYPE OF APPLICATIONS: Major Development Plan & Alternative Equivalent Compliance FILE NUMBERS: #MJR16007 & #AEC16005 PROPERTY LOCATION: Lot B, Avon Center at Beaver Creek Subdivision ADDRESS: 140 W. Beaver Creek Boulevard APPLICANT: Treadstone Development, LLC OWNER: Chicago Title Insurance Company These findings of fact and record of decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020(f): #MJR16007 | MAJOR DEVELOPMENT PLAN DECISION: Recommendation to Town Council for Approval. Unanimously approved with 6-0 vote. FINDINGS: 1. The Development Plan and Design review criteria in AMC §7.16.080(5), and §7.16.090(f) respectively, have been considered by PZC and the Application is found to be either in strict conformance with the criteria or otherwise fulfilled with an alternative design that meets the requirements of AEC approval; 2. The Application is in conformance with AMC §7.20, Zone Districts and Official Zoning Map, §7.24, Use Regulations, and §7.28, Development Standards; 3. The Lighting Plan and all proposed exterior lighting is in conformance with AMC §15.30, Outdoor Lighting Standards. 4. The Application implements the general land use goals and policies of the Avon Comprehensive Plan including the Land Use Map designations, and planning principles of the Town Center West District. 5. Pursuant to AMC §7.04.090(b), strict compliance with the Avon Comprehensive Plan, and sub-area plans, is not required due to the following: a. The development application is consistent with the general goals and intent of the Avon Comprehensive Plan taking into consideration the unique circumstances of the property, market conditions, and the current needs of the community; b. Strict compliance with some provisions of the Avon Comprehensive Plan, particularly the West Town Center Investment Plan, is not practical; and, c. The procedures for amending the Avon Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, or adopting or clarifying the precedence of this land use decision. Exhibit 5 PZC Findings of Fact and Record of Decision: #MJR16007 & #AEC16005 Page 2 of 2 CONDITIONS: 1. Prior to review by the Avon Town Council, a Parking Management Plan will be submitted, with concurrence of neighboring properties. 2. All potential exterior signage must be approved by the PZC with a Master Sign Program application submitted by the property owner; 3. Stone siding will be removed from second floor, and replaced with stucco. 4. Stone siding to complete all first floor locations of both buildings, including support columns for elevated pedestrian bridge. 5. Grey cedar will wrap around the East and West corners to meet the rust panels on 2nd, 3rd and 4th floors of east elevation and 3rd and 4th floors on west elevation. 6. Floor line to be removed from 4th level of condominium tower and west elevation. 7. Floor lines to be removed from 2nd, 3rd and 4th levels. 8. An on-site mockup will be constructed for final approval of materials and colors. The scale and design of the mockup will be reviewed by PZC, as well as final approval once constructed; 9. Prior to building permit, the following items will be addressed: a. A snow shed management plan will be provided to Staff and approved by the Building Official; b. Design details addressed in the October 19, 2016 letter from Eagle River Fire Protection. #AEC16005 | ALTERNATIVE EQUIVALENT COMPLIANCE DECISION: Recommendation to Town Council for Approval. Unanimously approved with 6-0 vote. FINDINGS: 1. Reduced building height, varying building materials, and articulation (vertical and horizontal) achieve the intent of the building stepping requirements to the same or better degree than strict compliance. 2. The design alternatives contained in the Major Development Plan application meet the intent of the subject design and development standards to the same or better degree than the subject standard; and 3. The AEC and proposed design imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Development Code. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ Jim Clancy, Chairperson Exhibit 5 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 1 | P a g e STAFF REPORT November 14, 2016 Planning and Zoning Commission Meeting Application Types: Major Development PlanAlternative Equivalent Compliance Property: Lot B, Avon Center at Beaver Creek Subdivision  140 W. Beaver Creek Blvd Applicant: Treadstone Development, LLC File No.: #MJR16007#AEC16005 Zoning: Town Center Prepared By: Matt Pielsticker, AICP Introduction The Applicant, Treadstone Development, LLC, representing the owner, Chicago Title Insurance Company, of the site located at 140 West Beaver Creek Boulevard (the “Property”) has submitted a Major Development Plan (“Exhibit A”) and concurrent Alternative Equivalent Compliance (“Exhibit B”) request (collectively the “Application”). Additional design modifications have been incorporated into the Application since the November 1, 2016 Planning and Zoning Commission (“PZC”) meeting, and those changes (“Exhibit C”) include a written summary and revised building elevations. The Major Development Plan is for the development of a one-hundred-forty-two (142) unit hotel project, four (4) condominiums, and supporting retail space on the Main Street Pedestrian Mall. The Application includes a recreation center facility for owners and guests, as well as a full level of underground parking. The Application materials include design plans, a written narrative for the Alternative Equivalent Compliance (“AEC”), and a parking study. Additional reports (i.e. drainage study) are on file with the Town but not included in this packet due to their technical nature. The PZC will review the Application and conduct a public hearing on November 14, 2016. After reviewing the Application materials, Staff’s analysis, and public input, the PZC will forward a recommendation to the Town Council. Background The Property was originally part of Lots 47-54, Block 2, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). The properties included a number of “Commercial / Condominium / Apartment” unit allocations, and the Plat included a broad definition for permitted Commercial land uses; building heights up to eighty (80) feet were granted by right. The properties were later re-platted as Lots A, B, and C in the general layout that exists today with: Lot A (now Lodge at Avon Center), Lot B, and Lot C (Sheraton Mountain Vista PUD). The project was originally envisioned as a phased project with Lot A being Phase I, Lot B as Phase II, and Lot C as Phase III. The Avon Center was constructed in 1981, with some parking deferred to future phases and constructed as the surface parking on Lot B. It was not until 1999 that Lot C was rezoned to PUD to advance the Sheraton Mountain Vista Development Plan. Construction of the first phase of that development began in 2001. In 1998, the Avon Town Council approved a zone change for Lot B from the TC zone district to PUD. The PUD zone district was proposed for several reasons: increased building height, reduced setbacks, and a reduced number of parking spaces. The PUD Development Plan that was approved in 1999 by Ordinance 1999-3, and later ratified in 2000 by Ordinance 2000-20 included the following: Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 2 | P a g e  104 Accommodation Units  6 Employee Housing Units  All Uses allowed in Town Center with addition of Timeshare Use  106’ Building Height with ability to reach 111’ with ancillary structures  17,500 sq. ft. Minimum Commercial Density  50,000 Maximum Commercial Density  Modified Parking standards including 1 parking space/ per Accommodation Unit and 2.4 parking spaces / per 1,000 sq. ft. of Commercial  Surface and garage parking requirements including 95 spaces for Lodge at Avon Center  Off-Site Snow removal The Development Plan expired and the vested property rights expired in 2008 when the Development Agreement expired after ten (10) years of no movement. And after several years of inactivity, Treadstone Development, LLC, proposed a rezoning from PUD to the Town Center (TC) zone district for the Property. The rezoning request was approved by Ordinance 2015-06 and is now subject to Title 7: Development Code, requirements. Process The review process for the Application includes a noticed public hearing with PZC and recommendation to Town Council. Another public hearing is required with the Town Council before final action. Final action is required by Town Council since the Property is located in the “Town Core” area as defined by the Development Code. Pursuant to AMC §7.16.020(b)(4), Concurrent Review Permitted, where multiple development applications cover the same property, the Director may permit concurrent review of the development applications for efficiency and practicality. The Major Development Plan and AEC application are being reviewed concurrently. Major Development Plan All new development is subject to the standards and requirements outlined in AMC §7.28, Development Standards. The purpose of these standards is to establish the minimum requirements for the physical layout and design of all development including: access, parking, landscaping, screening, architectural, and other design standards. These provisions address the physical relationship between development and adjacent properties and public streets in order to implement the Avon Comprehensive Plan’s vision for a more attractive, efficient, and livable community. The Application was evaluated against the General Development Standards in AMC §7.28; the Project was found to be either in compliance with the standards or requiring an AEC application in one instance. Table 1: General Development Standard Compliance demonstrates general conformance with the Standards, with an AEC request submitted for off-site landscaping. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 3 | P a g e Table 1: General Development Standard Compliance Development Standards AMC Section Compliant N/A AEC Parking & Loading §7.28.020 X Access Drive §7.28.030 X Mobility & Connectivity §7.28.040 X Landscaping §7.28.050 X Screening §7.28.060 X Retaining Walls §7.28.070 X Fences §7.28.080 X Parking and Loading The Application is in conformance with the Parking and Loading provisions of the AMC, and all parking spaces required to serve the buildings are located on the Property. Per AMC Table 7.28-2: Off-Street Parking, the Application provides one (1) space per accommodation unit, four (4) spaces per 1,000 square feet of retail, ten (10) visitor parking spaces, and residential parking for the condominiums. The AMC allows the Director to apply a Mixed-Use reduction of fifteen percent (15%) to the total parking calculation. Additional parking is included for the Lodge at Avon Center per separate agreement. A parking demand study was submitted (“Exhibit D”) in accordance with AMC 7.28.020(g)(4), based upon the unique parking agreements in place with the adjacent properties and the mix of uses presented. The parking study is attached (“Exhibit D”) and demonstrates a surplus of parking based upon review of code requirements, observed demand during winter months, and demand anticipated for the land use mix. Loading to accommodate trash removal and deliveries is proposed within the shared access drive bordering Lot B and Lot C. Pursuant to AMC §7.28.090(m), Off-Street Loading, access must be designed “with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, as approved by the Town Engineer.” The Applicant has provided turning movements studies to the Town Engineer to satisfy this requirement, and all turning movements occur within the Property. Access Drive The access drive onto West Beaver Creek Blvd is aligned with Sun Road as proposed in the West Beaver Creek Blvd. streetscape project. The access drive is located in a 39-FT wide reciprocal access easement that is located along the northwest property line which was dedicated as part of the previous approval of the Sheraton Mountain Vista. The driveway access is intended to eventually be shared with a future phase of the Sheraton Mountain Vista development. The developer is currently negotiating with the Sheraton Mountain Vista on the final alignment and grades for the access drive and parking garage ramp. The design of the connection to West Beaver Creek Blvd will be finalized as part of the final design of the West Beaver Creek Blvd streetscape project this winter. Emergency access for fire district vehicles is accommodated with an emergency access point into the motor court area between the hotel and the Lodge at Avon Center. The Application is in compliance with all other access requirements, including but not limited to: minimum width, grading, and sight distance Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 4 | P a g e triangle requirements. The Eagle River Fire Protection District has reviewed the plans and are in general acceptance, as documented in attached correspondence (“Exhibit E”). Snow Storage The AMC requires that snow storage must be accommodated on-site, unless waived by the Town Engineer. The Application proposes to snowmelt most parking and loading areas, and therefore the Town Engineer has granted a waiver to the on-site snow storage requirements. There is some concern with the area on the west/north side of the building, near the ramp. The parking spaces and pedestrian path connection in that area are only partially covered by the building and could pose snow management and potential safety issues during big snow events. Staff requests a snow management plan to demonstrate that the area will be safe from snow shedding from the building, and that there are areas to store any excess snow that is not melted by the snowmelt system. The project may connect to the Town’s heat recovery system that currently heats the recreation center pools to mitigate the snowmelt energy off-set fee. An analysis to determine if the existing heat recovery system has the capacity to meet the project’s heating demands in on-going and could be constructed in concert with the Town of Avon as the Town seeks excess capacity for the adjacent Town Hall. Drainage Pre-development hydrology patterns are to be maintained in accordance with AMC §7.32.050, Stormwater Drainage. The project is in conformance with the Town’s drainage standards. The flood detention and stormwater quality treatment requirements will be met by an underground facility owned by the Town under the parking lot adjacent to the future Town Hall. Bicycle Facilities Developments that contain twenty-five (25) or more parking spaces must provide bicycle parking facilities, with at least one (1) space for every ten (10) vehicle parking spaces. The Application proposes racks in the landscaped pedestrian access area facing the new town hall building. The garage also contains a bike rack, allowing for less visible and more covered options. Mobility and Connectivity Bicycle and pedestrian path connectivity is included in the site design with a path connecting the Main Street Pedestrian Mall with Beaver Creek Boulevard on the north and south sides of the project. Ramps and stairs connect the retail spaces with the Main Street Pedestrian Mall, and the existing path adjacent to the Lodge at Avon Center would continue to be functional. Extensive improvements are proposed within the Main Street Pedestrian Mall to coincide with paver treatments surrounding the Wyndham project and elsewhere in the Town Center. The final design of Beaver Creek Boulevard is forthcoming and will need to be coordinated. Landscaping The stated purpose of the landscaping standards in the Development Code is to ensure that the Landscape Plan: (1) Integrates building sites with natural topography and existing vegetation, (2) Minimizes disturbed areas, (3) Respects the limitations and best uses of water resources, Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 5 | P a g e (4) Reduces the amount of reflected glare and heat absorbed in and around developments, (5) Breaks up large expanses of parking lots, and (6) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses. The minimum landscaped area required for the TC zone district is 20%, and according to the landscaping standards the maximum irrigated area is 20% of the landscaped area. In order to comply with the 20% minimum landscape area requirement, the Applicant submitted a concurrent AEC application to provide off- site landscaping areas. The “Landscape Areas” exhibit clearly shows the breakdown of the landscape areas to meet minimum requirements. The irrigated area is 17.4% of the landscaped area and in conformance with the standards. In general, the Landscape Plan appears to respect the best uses of water resources, and helps to integrate the vertical building improvements with the existing adjacent landscaping and improvements in the area. Screening The loading and trash storage should have minimal impact upon adjacent properties as the ramp is below grade. At this stage in design development the screening of rooftop equipment is not clear. It must be demonstrated at building permit that rooftop mechanical equipment is adequately screened pursuant to the design standards. The roof forms should screen most or all of the equipment, however, this would be reviewed in more detail with detailed permit plans. Fences There is a fence surrounding the pool deck area. The design standards require the fence to be “architecturally compatible with the style, materials, and colors of the principal buildings on the same lot.” The design of the fence will be compatible in design with the railings on the building. The railing detail is constructed with painted metal and wood caps. This railing design is also utilized for the elevated bridge element that connects the hotel to the recreation center stair tower. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 6 | P a g e General Design Standards The design standards contained in §7.28.090, Design Standards, AMC, are the cornerstone of the Development Code. This Chapter deals with all architectural standards to determine compatibility with the Town’s overall appearance, and surrounding development. While the immediate area of the Property is dominated by stucco construction, a shifting theme is emerging with this project and others in the area, including the most recently completed Wyndham building. More stone has been introduced to the base of buildings, and additional materials such as hardi-board siding are more commonly found on newer construction. The application was evaluated against the Generally Applicable Design Standards from §7.28.090(c), ADC; the Project was found to be in compliance with all of the Generally Applicable Design Standards, and are listed in Table 2 below: Table 2: Design Standard Compliance General Design Standards AMC Section Compliant N/A AEC Site Disturbance Envelope §7.28.090(c)(1) X Site Design §7.28.090(c)(2) X Building Materials/Colors §7.28.090(c)(3) X Roofs (general) §7.28.090(c)(4) X Weather Protection §7.28.090(c)(5) X Site Design The site design guidelines speak to complementing the existing topography and views of the site. The site disturbance envelope encompasses the entire property and therefore the existing topography will be modified for the entirely of the site. The building steps down from street to mall and matches existing topography. Additionally, the condominium/recreation building is siting to bring relief the large blank existing wall of the Lodge at Avon building. Building Materials and Colors The use of high quality, durable building materials is required. Additionally, “Indigenous natural or earth tones, such as brown, tan, grey, green, blue or red, in muted flat colors with a Light Reflective Value (LRV) of sixty (60) or less are required.” The material and color palette are in compliance with these design standards. It should be noted that the stone siding base, glass at emergency stairways, and two of the four stucco colors have been changed since the last presentation to PZC pursuant to comments received. Materials are of high quality, durable, and reflect the Town’s sub-alpine character. Roofs The roof form design has evolved several times since the original design concepts were presented in April. Additional changes have been made in response to comments received at the November 1, 2016 meeting. Please refer to Exhibit C to see the modifications. The Design Standards require roofline modulation and varied roof forms. Additionally, for buildings exceeding four (4) stories, the minimum overhang length shall Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 7 | P a g e be thirty six (36) inches for primary roof forms. Roof forms shall have a pitch of not less than four-to-twelve (4:12). The roof design is in over-all compliance, proposing mostly 4:12 and 6:12 roof pitches, and up to 5’ overhangs at balcony roof forms. The remainder of the roof design includes 6” cap details. The plan sheet titled “Roof Plan” is the best representative drawing of the roof form locations. Weather Protection Building entrances are protected, as are balconies and pedestrian walkways and sidewalks. A comprehensive snow management plan will be required to ensure that the pedestrian walkways and areas of the exposed parking are sufficiently protected. Snow fence details have been provided to Staff and are under review. Mixed-Use and Nonresidential Design Standards In addition to the generally applicable standards, this Application is subject to AMC §7.28.090(j), Mixed-Use and Nonresidential Design Standards. These standards include an extra layer of review, including some standards specific to Town Center (TC) zoned properties located in the “Town Core”. The following chart includes each mixed-use standard, and outlines conformance, or non-conformance with each one: The application was evaluated by Staff against the Mixed-Use and Non-Residential Design Standards from §7.28.090(j), AMC; the Project was either found to be in compliance with the standards, not applicable to the standards, or requiring the processing of a concurrent AEC application. Table 3 below indicates that the design either meets the Mixed-Use standards, includes AEC for particular standards, or the sections were found to be not applicable. Table 3: Mixed-use and Non Residential Design Standard Compliance Standard AMC Section Compliant N/A AEC Building Orientation §7.28.090(j)(3)(i) X Outparcels §7.28.090(j)(3)(ii) X Parking §7.28.090(j)(3)(iii) X Common Spaces §7.28.090(j)(3)(iv) X Building Layout & Design §7.28.090(j)(4)(i) X Four-sided Design §7.28.090(j)(4)(ii) X Compatible Design §7.28.090(j)(4)(iii) X Mixed-Use §7.28.090(j)(4)(iv) X Scale and Massing §7.28.090(j)(4)(v) X Development Transitions §7.28.090(j)(4)(vi) X Storefronts & Pedestrian Entrances §7.28.090(j)(4)(vii) X Materials §7.28.090(j)(4)(viii) X Roofs §7.28.090(j)(4)(ix) X Windows §7.28.090(j)(4)(x) X Parking Structures §7.28.090(j)(5) X Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 8 | P a g e Building Orientation The building’s massing reinforces the street edge and is in general compliance with this subsection. The project has evolved to ‘front’ the Main Street Pedestrian Mall first and foremost; the design modifications to the north facade facing Beaver Creek Boulevard are reviewed favorably. PZC must determine whether or not the first floor treatments facing Beaver Creek Boulevard meet the design intent of this standard, which is to create “human-scaled” places that face toward streets. Parking The majority of the parking is located underground, under the building, or is screened to the fullest extent possible if located on the surface between the Lodge at Avon Center and the proposed hotel structure. Additional landscaping has been added to the Main Street Pedestrian Mall to help screen parking areas. Common Spaces This Application provides both indoor and outdoor common areas. While the owners lounge patio on The Main Street Pedestrian Mall is not open to the public, there are several areas that border the property that can be enjoyed by non-guests. The plan creates the long-planned terminus to Lettuce Shed Lane, which can be used for small events or as a pedestrian gathering area. The Main Street Pedestrian Mall frontage includes plaza space and multiple pedestrian connections. A passageway on the east side of the property between the recreation center and Avon Center will be open to the public as a permanent easement between and across the property. This passageway will create a secondary access from the Main Street Pedestrian Mall to West Beaver Creek Boulevard, although the passage may be unintuitive to visitors due to diminished sight lines. The west side of the property will also have a pedestrian corridor allowing flow between the Main Street Pedestrian Mall and Beaver Creek Boulevard. The connection is ADA accessible and will offer easy access to the new Town Hall and Seasons building as well. Building Design The design standards encourage building design that is appropriate to the site and a “positive element in the architectural character of Avon. Without prescribing a specific architectural style or organization, buildings should provide a sense of proportion and visual balance.” The overall building design is fitting for the site and its surroundings. Four-sided Design In effect, this property has two “fronts”: one on Beaver Creek Boulevard and one on Main Street Pedestrian Mall. Each side appears to be designed with equal care and quality. The Main Street Pedestrian Mall side contains the three micro-retail units and the main hotel entrance. The other building elevations have been refined to further distinguish the base, body, and top of the building and the same materials and treatments are used throughout. At the suggestion of PZC during the October 4, 2016 work session, the building supports have been modified and are now wrapped with stone veneer to match the rest of the building. The new entrance arch also provides an improved “front of house” feel to the Beaver Creek Boulevard vehicle entrance. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 9 | P a g e Compatible Design A clearly defined architectural theme has been established with the revised plans. In compliance with the design standards, a number of architectural features have been utilized to create compatible design, including but not limited to the following: consistent roof forms, outdoor balconies, vertical banding tower elements at stairwells, and horizontal banding and railings. Mixed-Use Buildings in Town Core This subsection requires retail, personal service, or restaurant uses for portions of the building fronting Lettuce Shed Lane, Benchmark Road, and Main Street. The Main Street Pedestrian Mall includes micro- retail space to activate the mall area and therefore is in compliance with this standard. Scale and Massing These standards seek to break up building mass to ensure a pedestrian-friendly scale at the ground level of new buildings. In all instances, buildings taller than two (2) stories or thirty feet (30’) “shall be designed to reduce apparent mass and visually anchor the building to the site by including a clearly identifiable base, body and top, with horizontal elements separating these components.” This section requires a step back of eight (8) feet, between twelve feet (12’) and forty-five feet (45’); the Application includes an AEC request from this particular standard. The AEC request and review criteria are included later in this report. Development Transitions The relationship of the Hotel structure to existing adjacent structures is an important consideration given the infill nature of the project. As mentioned, the transition from the Lodge at Avon Center to the condominium building addresses the subsection which speaks to “graduating building height and mass in the form of building step-backs….so that new structures have a comparable scale with existing structures.” The Hotel building height is significantly less (approximately 30’) than that of surrounding structures and this relationship must be evaluated in the context of these standards. Staff feels that the transition between the Lodge at Avon Center and the proposed recreation center effectively creates a more human scaled environment on the Main Street Mall. Storefronts & Pedestrian Entrances The storefronts on the Main Street Pedestrian Mall are pedestrian-friendly and human-scale. The floor height of retail frontage now meets the minimum 12’ height requirement. Given that the main entrance to the building is located on the Main Street Mall side of the project and not fronting Beaver Creek Boulevard, the connection for pedestrians to the lobby entrance is essential for this project to meet these standards. Several design options were explored to satisfy pedestrian connectivity. The decision to move the pedestrian walkway was made in concert with changes to the vehicle entrance and results in a straight shot approach toward the back of the building. According to 7.28.090(j) (4)(vii)(B), “when transparency is in conflict with internal functions of the building, other means shall be used to activate the street-facing facades, such as public art, architectural ornamentation or details or color patterns”. Architectural orientation and detail was added and the elevation was modified based upon previous PZC comments. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 10 | P a g e Materials Multiple high quality materials are proposed on each building elevation. There is a weighted hierarchy, with heavy stone materials at the base of the building and lighter materials (i.e. stucco siding) above. A color and material board will be available for review at the meeting. Staff recommends that an on-site mockup be a condition of approval if PZC is fundamentally in agreement with the material and color palette. Roofs The roof design is proportional, and generally in compliance with the standards. The design standards discourage asphalt roofing, and also state that any metal roofing should be muted. As proposed, the design includes muted grey metal roofing for the sloped forms. Windows All buildings on “Main Street, Lettuce Shed Lane, and Benchmark Road” are required to use large display type windows to activate the street experience. This design standard is adhered to with activated building frontage on the Main Street Pedestrian Mall for the portion of the building fronting the mall. Parking Structures The areas of the first floor that front the public ways are wrapped with retail or other materials to add visual interest and screen parking. Surface parking areas are screened by landscaping and/or raised planters to the extent possible. Major Development Plan Review Criteria Pursuant to AMC §7.16.080(f), Review Criteria, the PZC is charged with reviewing this Design and Development application against the following Development Plan and Design Review Criteria: (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: As documented in this report, this Application is found to be in compliance with the purpose statements from the Development Code. The purpose statement directly germane to this Application is §7.04.030(l), which reads “Promote architectural design which is compatible, functional, practical and complimentary to Avon’s sub-alpine environment.” (2) Evidence of substantial compliance with the §7.16.090, Design Review. Staff Response: The Major Development Plan provides compliance with the design review chapter. The proposed materials and colors are visually harmonious with the Town’s overall appearance, and that of the buildings in the immediate vicinity. (3) Consistency with the Avon Comprehensive Plan; Staff Response: The Avon Comprehensive Plan goals and policies related to the built environment and land uses align with the following Planning Principles from the West Town Center District:  Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses.  Establish public plazas and other gathering spaces for community interaction and social events. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 11 | P a g e  Use architectural detailing on ground level/first floor to enhance the pedestrian environment that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities.  Site buildings of various sizes along the street edge to maximize sun exposure, protect views, and break up building bulk. In addition to the West Town Center District planning principles, the Comprehensive Plan’s Future Land Use Map (“FLUM”) calls for a “mixed-use” designation. The Application is in alignment with the Comprehensive Plan definition of mixed-use as follows: Mixed Use– The intent of the mixed-use designation is to create an area providing commercial retail and service uses with a supporting mix of office, residential, lodging, and entertainment uses in an urbanized, pedestrian-oriented environment. A high proportion of lodging and other residential uses should be achieved in order to create the needed critical mass of population and activity to energize the Town Center District. Building should be vertically mixed, with retail, restaurants, and other commercial services located on the lower levels in order to encourage a high level of interest and pedestrian activity. Building design, siting, and orientation, as well as shared parking facilities and public gathering spaces create an environment that is appealing and inviting for pedestrians and vehicles. (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The previously approved PUD has expired, and the property remains subject to various easements and privately recorded covenants. The Application has been modified to further comply with the reciprocal access easement with Lot C. It is understood that a minor subdivision will likely be required prior to construction in order to address areas of Lot A that are encroached upon. (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: Compliance with the applicable development standards has been documented in the report, or otherwise addressed through the AEC application. (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: The development can be adequately served by city services. The Applicant has worked with the fire district to facilitate a successful fire protection plan, including a control panel at the corner of the building facing Beaver Creek Boulevard. Pursuant to comments provided by the fire district, minor additional details will need to be developed prior to final approval or permit. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 12 | P a g e §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: The Design of the building compliments neighboring existing development and are compatible with any surrounding redevelopment that could occur. Design queues are taken from other recent construction, including that on the Wyndham Resort, and updates to the Seasons building immediately to the south. (2) The design meets the development and design standards established in this Development Code; and Staff Response: The design is in general conformance with the development and design standards established in the Municipal Code; where literal conformance is not met, the Applicant has proposed an alternative design through the AEC process. (3) The design reflects the long-range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Avon’s long range planning documents speak heavily to requiring mixed-use development in the Town Center. The Application is in conformance with a number of the overarching Goals and policies from the Avon Comprehensive Plan, including Built Form and Land Use recommendations (i.e. Policy B.1.5 – Require that development within the Town Center is readily accessible to and integrated with existing retail areas and transit service routes for both pedestrians and vehicles). While the Application is not in strict conformance with some of the design criteria found in the West Town Center Investment Plan, Staff finds that the Major Development Plan’s design and programming are supportable based on AMC §7.040.090(f); this section states that conformance with the criteria in the West Town Center Investment Plan is not required since strict compliance would be impractical given market conditions and the current needs of the community. Most notable is the Main Street Pedestrian Mall instead of a roadway. Due to the parking burdens that carry with the property from the Lodge at Avon Center, fronting the entire Main Street Pedestrian Mall with building or retail space is infeasible. From a historical perspective, development between parcels directed retail density to The Lodge at Avon Center, and directed parking density to Lot B. Alternative Equivalent Compliance Accompanying the Major Development Plan submittal is an AEC request from some of the design standards. This procedure allows development to meet the intent of the design-related provisions of this Chapter through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard specified in this Development Code. AEC decisions are site specific and do not establish a precedent for approval of other requests. The Application request AEC approval from the following standards: Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 13 | P a g e  Table 7.28-6, Minimum Landscaped Area and Maximum Irrigated Area by Zone District  §7.28.090(j)(4)(v)(D) Building Stepping (D) Where primary building walls exceed three (3) stories or forty-five (45) feet in height, as measured from finished grade to the underside of the eaves, building form shall step back at least eight (8) feet in depth and shall generally occur between twelve (12) feet and forty-five (45) feet above the finished grade, depending on the height of the structure and the surrounding development context. According to AMC 7.16.120(d), Review Criteria, PZC shall use the following review criteria as the basis for a decision on an application for AEC: (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. Staff Response: The Application appears to achieve the overarching goals of the Comprehensive Plan which speaks to creating vibrant pedestrian friendly developments with attention to the human scale. Reduced building height, varying building materials, and articulation (vertical and horizontal) achieve the intent of the building stepping requirements to the same or better degree than strict compliance. The building setback, required between twelve feet (12’) and forty-five feet (45’) is absent from the north, east, and south sides of the main hotel. The intent of the code is satisfied by differentiation in building color, material, shapes, and the addition of balconies to break up the appearance of massing and scale. The landscaping requirements are proposed to be fulfilled by making off-site improvements to the Main Street Mall area, a small area adjacent to the New Town Hall, and areas along Beaver Creek Boulevard, totaling in 15,474 square feet of landscaping – best depicted on the colored Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 14 | P a g e “Landscape Areas” exhibit near the end of the plan set. This would equate to 23% of the site area, and satisfy the intent of the Code. Available Actions 1. Provide a Recommendation for Approval to Town Council, as submitted. 2. Provide a Recommendation for Approval with conditions to Town Council. 3. Provide a Recommendation for Denial to Town Council. 4. Continue the public hearing for the Application for a period not to exceed thirty-five (35) days, unless the Applicant consents to a longer time period. Staff Recommendation Staff recommends the following specific findings and recommended conditions of approval: A. Major Design and Development Plan. The PZC recommends that the Town Council APPROVE the MAJOR DESIGN AND DEVELOPMENT PLAN Application, with the findings and conditions set forth below: Findings: (1) The Development Plan and Design review criteria in AMC §7.16.080(5), and §7.16.090(f) respectively, have been considered by PZC and the Application is found to be either in strict conformance with the criteria or otherwise fulfilled with an alternative design that meets the requirements of AEC approval; (2) The Application is in conformance with AMC §7.20, Zone Districts and Official Zoning Map, §7.24, Use Regulations, and §7.28, Development Standards; (3) The Lighting Plan and all proposed exterior lighting is in conformance with AMC §15.30, Outdoor Lighting Standards. (4) The Application implements the general land use goals and policies of the Avon Comprehensive Plan including the Land Use Map designations, and planning principles of the Town Center West District. (5) Pursuant to AMC §7.04.090(b), strict compliance with the Avon Comprehensive Plan, and sub-area plans, is not required due to the following: a. The development application is consistent with the general goals and intent of the Avon Comprehensive Plan taking into consideration the unique circumstances of the property, market conditions, and the current needs of the community; b. Strict compliance with some provisions of the Avon Comprehensive Plan, particularly the West Town Center Investment Plan, is not practical; and, c. The procedures for amending the Avon Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, or adopting or clarifying the precedence of this land use decision. Exhibit 6 November 14, 2016 Planning and Zoning Commission Meeting – PUBLIC HEARING Lot B Hotel: Major Development Plan, Alternative Equivalent Compliance 15 | P a g e Conditions: (1) An on-site mockup will be constructed for final approval of materials and colors. The scale and design of the mockup will be reviewed by PZC, as well as final approval once constructed; (2) All potential exterior signage must be approved by the PZC with a Master Sign Program application submitted by the property owner; (3) Prior to review by the Avon Town Council, a Parking Management Plan will be submitted, with concurrence of neighboring properties. (4) Prior to building permit, the following items will be addressed: a. A snow shed management plan will be provided to Staff and approved by the Building Official; b. Design details addressed in the October 19, 2016 letter from Eagle River Fire Protection. B. Alternative Equivalent Compliance. The PZC recommends that the Town Council APPROVE the concurrent ALTERNATIVE EQUIVALENT COMPLIANCE Application, with the findings and conditions set forth below: Findings: (1) Reduced building height, varying building materials, and articulation (vertical and horizontal) achieve the intent of the building stepping requirements to the same or better degree than strict compliance. (2) The design alternatives contained in the Major Development Plan application meet the intent of the subject design and development standards to the same or better degree than the subject standard; and (3) The AEC and proposed design imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Development Code. Exhibits A – Major Development Plans B – AEC Narratives C – Summary of Design Changes and Plans D – Parking Study w/ Addendum E – Design Related Correspondence Exhibit 6 September 19, 2016 Matt Pielsticker Planning Manager Town of Avon Community Development Department PO Box 975 Avon, CO 81620 Re: Submittal for an AEC for use of Tract G, Lot 4, and frontage on West Beaver Creek Blvd to meet requirement for a minimum of 20% on-site landscaped area (ADC Table 7-20-9) Dear Matt: Treadstone Development LLC is submitting this application for an Alternative Equivalent Compliance (AEC) to allow for the use of public land to meet the requirement for a minimum of 20% on-site landscaped area per ADC Table 7-20-9. Currently, the plan includes on-site landscaped area of 11,102sf of the total lot area of 66,925sf, equal to 16.6% of the lot area. This AEC application would propose to landscape an additional 4,372sf of adjacent property, including 3,230sf of Tract G (Pedestrian Mall), 739sf of Lot 4, and 403sf of frontage along West Beaver Creek Boulevard adjacent to Lot B. This additional landscaped area would increase the total landscaped area for the project to 21.7%. BACKGROUND Lot B has been the subject of numerous development applications dating back to the early 1980’s. This history included approved PUD’s in 1998, 1999, and 2002. As part of these PUD approvals the lot owner, neighboring lot owners, and the Town of Avon executed/recorded numerous agreements affecting items such as shared parking facilities, access easements, and drainage requirements. Despite the fact that the PUD approvals have since expired, these legacy agreements have survived and, as such, impose limitations on development on Lot B. For example, by agreement with the Town of Avon, a portion of the parking required for development of The Avon Center on Lot A was transferred to Lot B. As a result, any development on Lot B must include parking that is in excess the quantity required by code for the project. As a result of these encumbrances that have been recorded on Lot B, the lot area available for landscaping is limited. Rather than seek a variance for the landscaping area minimum, the applicant is seeking to utilize Town owned land to install additional landscaping and thereby meet the requirement of the code. The Avon Town Council reviewed the proposal to utilize public space to satisfy the landscaping requirement at its September 13, 2016 meeting. At that meeting the motion was made to allow Treadstone Development LLC to process a development application for a hotel project using portions of Town property to meet minimum landscaping requirements. The motion was approved unanimously. Exhibit 7 …2 REVIEW CRITERIA Pursuant to ADC 7.16.12, the Town offers the following criteria as the basis for granting an AEC application: • The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard: By utilizing the adjacent Town owned property, the project will be able to meet the requirement to provide a 20% minimum on-site landscaping coverage. In fact, the proposed landscaping coverage of 21.7% will actually exceed the minimum requirement. In addition, the project will also be able to provide strong integration between the building development and the landscaping of the adjacent pedestrian mall. This will enhance the vitality of the Main Street corridor as envisioned in the West Town Center Investment Plan. • The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard: In the Avon Comprehensive Plan, the pedestrian mall right-of-way is identified as the heart of the West Town Center District. The integration of high density, multi-use development with pedestrian friendly spaces is critical to the realization of Town Center as a vibrant, active, user-friendly area. Meeting/exceeding the 20% landscaping requirement is essential to maintaining the intent of this plan. By utilizing the public spaces as envisioned in the application, the project will be able to fulfill this aspect of the Comprehensive Plan. • The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard: The utilization of the public property will allow the development to fulfill the requirements for Lot B as presented in the legacy agreements which encumber the lot while also meeting the landscaping requirement as set forth in the code for Town Center development. In addition, it will proactively ensure that the development project and the Main Street mall will be well integrated and provide an exciting/inviting pedestrian space. • The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title: There will be no impacts on adjacent properties as a result of using the proposed Town owned property to satisfy the minimum landscaping requirement. Exhibit 7 …3 Thank you for your time and consideration. We look forward to your approval of our application. Please do not hesitate to contact me with any questions. Sincerely, Gregory Less President Treadstone Development, LLC Exhibit 7 September 19, 2016 Matt Pielsticker Planning Manager Town of Avon Community Development Department PO Box 975 Avon, CO 81620 Re: Submittal for an AEC to utilize alternative architectural approaches to achieve the objectives of ADC 7.28.090(j)(4)(v)(D) Dear Matt: Treadstone Development LLC is submitting this application for an Alternative Equivalent Compliance (AEC) to allow for the use of alternative architectural elements to meet the requirement that states if the primary building walls exceed three (3) stories or forty-five (45) feet in height, as measured from finished grade to the underside of the eaves, then the building form shall step back at least eight (8) feet in depth (ADC 7.28.090(j)(4)(v)(D)). The objective for this requirement is to organize the form and mass of a building to provide human scale to adjacent streets, pedestrian walkways, plazas or other public spaces. The building mass is varied to create variety in the character of the adjacent streets and pedestrian places. The plan as presented includes step-backs on the pedestrian mall end of the building. The north- west, east, and south-east faces of the building do not include a step-backs; however, the plans meet the objective of reducing the apparent mass and scale of the building through three alternative approaches: 1) The plans incorporate the use of distinct changes in color, texture, and materials to break up the visual impact of the building height; 2) The building height is 69’ which is significantly less than the Sheraton building to the north-west or the Avon Center to the south-east. This lesser height creates a transition in the neighborhood, which lessens the impact of the mass of the building; and 3) The building includes multiple changes in form such as the inclusion of balconies and alcoves which break up the impact of the height of the building. It is also noted that the proposed design is consistent with neighboring buildings such as the Avon Center and Sheraton in the use of alternative architectural elements to break-up their apparent mass and scale. REVIEW CRITERIA Pursuant to ADC 7.16.12, the Town offers the following criteria as the basis for granting an AEC application: • The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard: As noted above, the objective of ADC 7.28.090(j)(4)(v)(D) is to reduce the apparent mass and scale of a building. The plans as presented include set-backs as a design element on the west end Exhibit 7 of the building. On the other sides of the building, the design that has been proposed is able to achieve a reduction in apparent mass and scale through the use of alternative architectural features, such as: § Pronounced recesses and projections § Distinct changes in texture and color of wall surfaces § Ground level arcades and galleries/balconies on higher floors § Protected and recessed entries § Vertical accents or focal points. • The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard: The West Town Center Investment Plan encourages diversity through its stated objective to provide enough consistency in the materials, forms, and building elements to create a district, while allowing enough flexibility to encourage unique architectural designs and character. In the context of the existing buildings, the proposed development will offer unique and interesting architectural elements. At the same time, it will conform the design standards which require the building mass to be varied and to offer a human scale. The alternative design elements will perform the same function as the set-back would achieve. • The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard: The Avon Comprehensive plan envisions that the West Town Center District will offer multi-use development that is well-integrated with a pedestrian friendly environment. The proposed development will offer retail spaces and hotel access directly from the pedestrian mall. The effect of this design will be to activate the Main Street area to a significant degree. The design of the hotel will offer additional activation with decks and balconies to bring together the pedestrian environment of Main Street with the guests staying in the units. The architectural elements that have been proposed will lessen the impact of the scale of the building while staying consistent with the surrounding neighborhood. • The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title: There will be no impacts on adjacent properties as a result of using alternative architectural elements to satisfy ADC 7.28.090(j)(4)(v)(D). Exhibit 7 …3 Thank you for your time and consideration. We look forward to your approval of our application. Please do not hesitate to contact me with any questions. Sincerely, Gregory Less President Treadstone Development, LLC Exhibit 7 MEMORANDUM PARKING MANAGEMENT PLAN PAGE 1 BACKGROUND INFORMATION The Avon Hotel project includes two levels of structured parking totaling 204 parking spaces. The structured parking will replace the surface lot currently known as Lot B. Furthermore, the structured parking will feed into the existing 100-space underground parking garage for the Lodge. Walker Parking Consultants (Walker) conducted a parking needs study and determined that the proposed parking supply would be adequate. During our on-site observations we learned that the existing conditions had a surplus of approximately 100 spaces at peak demand, and that approximately 20 parking spaces were lost due to equipment, material or vehicle storage. We also observed a number of motorists parking and walking off-site and carrying skis. Lots A and B are generally signed for 2-hour or permit parking only, with the threat of booting. While the proposed parking supply will accommodate legitimate demand, it could be challenged to accommodate illegitimate use. A parking management plan is required in order to assure that the various owners, tenants and visitors of Avon Center are able to gain access to, and maintain the right to park on the property. This memo will outline the options and our recommendations for implementing a successful parking management plan. DATE: November 30, 2016 TO: Keith Hampton ORGANIZATION: SilverStar Rentals and Property Management ADDRESS: 624 Mountain Village Blvd. CITY/STATE: Mountain Village, CO 81435 HARD COPY TO FOLLOW: No FROM: Dan Kupferman PROJECT NAME: Parking Management Plan PROJECT NUMBER: 23-7595.00 SUBJECT: Parking Management Plan Exhibit 8 MEMORANDUM PARKING MANAGEMENT PLAN PAGE 2 MANAGEMENT PLAN There are typically two distinct ways to manage parking: Gated and ungated. Lots A & B currently incorporate both. The lots are ungated, while the garages are gated. The most significant (and obvious) difference is that gated systems provide a physical barrier, and therefore, they experience a higher percentage of compliance, as cars would need to physically drive through a gate to trespass (and steel doors typically eliminate this option). By contrast, ungated systems rely on the honor system and/or enforcement. Surprisingly, vigilant enforcement is required. Good and honest people who wouldn’t steal from a store (or drive through a parking gate) are often willing to ‘steal’ parking at ungated parking venues. Sometimes it’s inadvertent. People lose track of the time, or their plans change, resulting in parking longer than anticipated (or allowed). Other times it’s intentional. Walker understands that vehicles have been ‘legitimately’ booted on Lot B, resulting in poor public relations. This is a common occurrence in the parking industry. People resent getting booted or towed, even if they violated posted regulations. Nonetheless it makes for poor public relations. In a gated scenario, rather than booting vehicles, a parking fee is used for compliance. Parking fees also ensure that funds are available to properly maintain the parking facility. “Free” parking lots are often under-maintained, creating unsightly and potentially unsafe driving and parking conditions. Lodge owners, tenants and others authorized to park in the Lodge garage would use a credential access the gates, while retail, restaurant and other business visitors would take a ticket and receive a validation from the business they were visiting. Motorists who overstayed the validated timeframe, or did not receive a validation would pay the posted parking rates. This is typically preferable to booting or towing. This philosophy is trending in the parking industry. Many public and private entities are considering replacing tine limits with incremental rate structures. It’s also known as market-or demand-based pricing. So long as enough parking spaces turn over, it’s considered a ‘win- win’. People who want or need to park longer may choose to do so if they’re willing to pay for the right, while most people will opt for free/validated parking and leave within the designated time period. THEORY OF OPERATION Motorists enter Avon Center. Signage would advise retail/restaurant/business patrons to turn left into the 94-space upper parking level. Lodge and Hotel guests would be directed to continue ‘down’ the driveway to the lower parking level. Both levels would be controlled by entry/exit gates and entry/exit stations. Exhibit 8 MEMORANDUM PARKING MANAGEMENT PLAN PAGE 3 UPPER LEVEL: TRANSIENT PARKERS Transient parkers are short-term, unknown parkers such as customers. Transient parkers would take a ticket to access the parking gate. Signage would be prominently displayed to advise of validated parking rates. All businesses within Avon Center would be equipped to validate customer parking (validations are explained below). Upon exiting, the transient parker inserts the validated ticket into an exit verifier to calculate the length of the parking stay. If the ticket was validated for the timeframe, the gate would open. If the motorist stayed longer than the validated timeframe, or the motorist did not receive a validation, a recording would advise that a fee is due. The motorist would insert a credit card into the exit station to pay the fee, or if the motorist needed to pay with cash, the motorist would park and walk to an automated pay station to pay with cash. The ticket would be validated and the motorist would drive to the exit and insert the validated ticket into the exit verifier to leave. An intercom would be available at the entry and exit station, as well as the pay station, enabling motorists to communicate with (hotel) staff remotely. If a problem couldn’t be resolved, hotel staff would be dispatched to assist the motorist, or, as a last resort, the gate could be raised remotely. VALIDATIONS There are three standard options for validated parking in gated parking scenarios: OFFLINE VALIDATORS are compact, portable ticket encoders that encode parking entry tickets with validation information. When the ticket is inserted at the exit verifier, the ticket is recognized as having been validated and a signal is sent to raise the gate. Each ticket is imprinted with the ID # of the offline validator for audit control and reconciliation. CHASER TICKETS are separate, ‘second’ tickets that possess machine-readable validation information. The parker inserts the original parking ticket into the exit verifier, then the chaser ticket. The chaser ticket is recognized as having been validated and a signal is sent to raise the gate. WEB-BASED VALIDATION SYSTEMS provide password protected accounts for each entity authorized to validate parking. The issuer logs-on to a password protected account, enters the ticket number, selects the validation type and authorizes the validation. Magnetic stripe tickets can also be slid through an encoder, and barcode tickets can be scanned, which is faster than entering a ticket number. Barcode validations can also be sent via the internet or smart phone. All three validation types include system software that separates validation accounts so that each validation is uniquely assigned to a particular department or person authorized to provide validations. This allows the different types of validations to be tracked in terms of quantities redeemed and amounts discounted in order to hold people accountable for the validations Exhibit 8 MEMORANDUM PARKING MANAGEMENT PLAN PAGE 4 they issue. It also provides for statistical analysis and audit control, and if desired, system software can create invoices for billing purposes and can also track payments. Validations can be programmed for free parking or discounted parking rates, and can also include time limits. A common problem that occurs in parking facilities is the abuse of validations. It is not uncommon for people to validate unauthorized tickets. Validation programs require oversight and auditing to prevent abuse. LOWER LEVEL: LODGE GARAGE PARKERS Lodge garage parkers include Lodge owners, renters, Avon Center employees or other persons authorized by the Lodge to park in the Lodge parking garage. The Lodge would be issued 110 parking credentials to manage/distribute to those authorized to park in the 100-space Lodge garage. The 10 ‘extra’ credentials are to account for the fact that not every person will park in the garage at the same time. These credentials would be used to access the lower parking gate, as well as the Lodge garage. These credentials would not be programmed for the upper parking level, as the upper level is designated as retail/restaurant/business parking only. All Lodge parkers would be directed to park in the Lodge garage, leaving the ‘outer’ portion of the lower parking level for hotel parking and other customers. The Lodge would be authorized to validate parking in the event of a full garage or other ‘exception’ circumstances. LODGE GARAGE CREDENTIALS Proximity cards are the most common type of non-transient access credential. The motorist drives to the gate, rolls down the car window, and waves the proximity card within a few inches of the proximity reader. The reader confirms the validity of the card and if valid, sends a signal to open the gate. An Automatic Vehicle Identification (AVI) system may be used in place of a proximity card system. A transponder ‘tag’ is issued in place of a proximity card and affixed to the windshield. This allows monthlies to enter and exit without needing to wave the card or even roll down the window. The credential can be programmed to protect against misuse by insisting on an “in-out-in-out” pattern of use. The theory is that if a pattern of “in-in” or “out-out” was allowed, the user could be allowing other cars to enter or exit the facility. This programming feature is referred to as “anti-passback” and can be set as “hard” (the pass will not work if the pattern is broken) or “soft” (the card will work but an exception is noted in the software system). Exhibit 8 MEMORANDUM PARKING MANAGEMENT PLAN PAGE 5 Other features include combining a number of pass cards into one group and limiting the number of cars that are allowed to be in the facility at any given time. This feature allows for compromises such as a lease restriction of ten parking spaces with twenty part-time employees who work various shifts. Each employee can be issued a pass card with the understanding that only ten of them will be allowed to be in the facility at any given time. Once ten cards are in “in” status, the system will not allow another card to access the entry gate until one of the ten cars exits. OTHER PARKING RESTRICTIONS Walker understands that some businesses require shorter-term parking to ensure available parking in close proximity to their businesses. Shorter-term parking spaces can be signed; however, there would be no real enforcement mechanism. This is true industry-wide, and is an existing condition in Lots A & B. Fifteen-minute parking is signed for Alpine Bank (and Avon Center); however, it’s really too small a timeframe to enforce without a constant presence. If there is an adequate parking supply, motorists will typically respect these restrictions. When they don’t, it is typically up to the business owner to note the vehicle make and license plate and report the transgression. This typically occurs with repeat offenders. Exhibit 8 Exhibit 8 Exhibit 8 =8 PARKING NEEDS STUDY AVON CENTER, LOT B Prepared for: Mr. Keith Hampton, Managing Member, Treadstone Development, LLC MARCH 14, 2016; REVISED APRIL 25, 2016; REVISED AUGUST 6, 2016; REVISED SEPTEMBER 29, 2016 FINAL REPORT Exhibit 9 WALKER PROJECT # 23-7605.00 PARKING NEEDS STUDY AVON CENTER, LOT B Prepared for: Mr. Keith Hampton, Managing Member, Treadstone Development, LLC MARCH 14, 2016; REVISED APRIL 25, 2016; REVISED AUGUST 6, 2016; REVISED SEPTEMBER 29, 2016 FINAL REPORT Exhibit 9 April 25, 2016 Mr. Keith Hampton, Managing Member Treadstone Development, LLC 624 Mountain Village Boulevard Mountain Village, CO 81435 Re: Avon Center—Lot B Parking Needs Study Dear Mr. Hampton: Walker Parking Consultants is pleased to submit this study regarding parking needs surrounding the development of Lot B in Avon, Colorado. This document is intended to assist Treadstone Development LLC with decisions related to parking planning, including decisions regarding adding parking, parking requirements, shared uses, and employing existing physical assets efficiently. The information provided is for Treadstone’s internal use only. It includes our findings and projections based on the data collection, analysis, industry standards, code research, and professional assumptions discussed herein. We appreciate the opportunity to be of service to you on this important analysis. Please do not hesitate to contact us with any questions or comments. Sincerely, WALKER PARKING CONSULTANTS David Jay Lieb, Robert E. Stanley, P.E., NSPE, LEED AP, BD+C Parking Consultant, Project Manager Managing Principal, Vice President Enclosure cc: John W. Dorsett, AICP, Walker Parking Consultants 5350 South Roslyn Street, Suite 220 Greenwood Village, CO 80111 Tel: 303.694.6622 Fax: 303.694.6667 www.walkerparking.com Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Walker Project #23-7605.00 TABLE OF CONTENTS Introduction ......................................................................................................................................... 1 Project Description ............................................................................................................................ 2 Project Approach .............................................................................................................................. 3 Summary Conclusions ....................................................................................................................... 5 Definition of Terms ............................................................................................................................... 7 Inventory/Occupancy ........................................................................................................................ 8 Current Conditions – Inventory ........................................................................................................ 8 Current Conditions – Occupancy ................................................................................................. 10 Peak Hour Demand ................................................................................................................... 18 Permit Parking and Turnover .................................................................................................... 19 Future Conditions ............................................................................................................................. 23 Based On Observation ............................................................................................................. 23 Based on Shared Parking Model ............................................................................................. 23 Based on Zoning ......................................................................................................................... 24 Conclusions ........................................................................................................................................ 26 Aggregate Inventory ...................................................................................................................... 26 Current Code Requirements .......................................................................................................... 26 Future Code Requirements ............................................................................................................ 27 Actual Parking Demand .................................................................................................................. 28 ADA Parking ...................................................................................................................................... 29 Statement of Limiting Conditions ...................................................................................................... 31 Appendix A – Town of Avon Excerpt from Municipal Code .......................................................... 32 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 1 Walker Project #23-7605.00 INTRODUCTION On behalf of the owners, Chicago Title Insurance Company, Treadstone Development, LLC (“Treadstone”) plans to develop a hotel on Lot B in Avon Center at Beaver Creek (see map). This parcel is currently a surface parking lot to the north of The Lodge at Avon Hotel (located on Lot A). Lot B is 1.71 acres and contains approximately 120 parking spaces. Figure 1: Study Area and Sub-Area Boundaries Source: Treadstone; graphic prepared by Walker Parking Consultants, over Google Maps base, 2016 The proposed hotel is planned to have 142 rooms, four condominiums, and a small retail space. It will be constructed using a podium-style design above structured parking. Based upon Treadstone’s understanding of the local zoning code, the site will require approximately 142 parking spaces associated with the new hotel, plus an additional 19 spaces for visitors, condominium residents, and retail use. The actual demand for parking on the site may vary from the code requirement due to utilization patterns and prior shared-use agreements. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 2 Walker Project #23-7605.00 PROJECT DESCRIPTION When Lot A was developed it was granted a variance that permitted the construction of less parking than code required, with the understanding that parking spaces in Lot B would be available for users of facilities located in Lot A. Accordingly, Treadstone’s plans include the construction parking spaces in excess of their code requirements, in order to accommodate the needs of the adjacent Lot A. Figure 2: Parking Lots in the Study Area Source: Treadstone; graphic prepared by Walker Parking Consultants, over Google Maps base, 2016 The map above illustrates the approximate boundaries of the parking lots within the study area. The three parking areas in Lot A are associated with the Lodge at Avon Center. There is a row of surface parking along the northwestern face of the Lodge at Avon Center and a larger lot due east. There is also parking beneath the facility accessed from Lot B. The parking at Lot 55 is associated with the Alpine Bank building; a ramp leads down from Lot A to a small underground parking garage beneath the building, and one surface space to the north of the access ramp. Treadstone engaged Walker to provide answers to four key questions: 1. What is the aggregate inventory of parking spaces in the study area (including all surface and underground parking in Lot A, Lot B, Lot 55, and Out-lot 1)? Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 3 Walker Project #23-7605.00 2. Based on all existing land uses within the study area, how many parking spaces does the Town of Avon zoning code require? 3. Once Lot B is developed, what will the parking requirement be based upon the local zoning code? Provide a comparison of the current code to the 1988 code, under which (arguably) the current development may be governed. 4. What is the actual parking demand within the proposed study area? PROJECT APPROACH 1. Meet with the client and conduct a site visit in Avon (combine with field observations in item #4, below). Conduct parking inventory. 2. Review Town of Avon zoning code requirements to determine the number of spaces required for existing and proposed uses. 3. Projection of parking space needs for Lot B: a. Review Town of Avon code requirements to determine the number of spaces required for planned use of Lot B; b. Prepare a shared-parking model for the site based on industry-supported ratios, along with local adjustments to account for non-driving transit usage, captive effects between uses, etc.; c. Prepare a projection that reflects observations from the site visit and occupancy counts (below). 4. Conduct field observations within the designated study area over two days—one weekday and one weekend day—during a period of peak demand. a. Study area to include above- and below-grade parking in Lot A (incorporating parking designated as “Out-lot 1”), above-grade parking in Lot B, and above- and below-grade parking in Lot 55. b. Observe parkers’ destinations (i.e., inside study area or outside) from 7:30 a.m. to 10:00 a.m., to include Lot B at a minimum and other lots with support from Treadstone. c. Perform occupancy counts every hour from 10:00 a.m. to 8:00 p.m., identify number of vehicles by parking lot number/letter and posted regulations Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 4 Walker Project #23-7605.00 d. Perform an inventory of Avon Center residential dashboard permits and Alpine Bank dashboard permits by parking lot number/letter. Placard counts at 10:00 a.m., 1:00 p.m., and 6:00 p.m. e. Continue observations of parking and on- or off-site destinations between counts throughout both days, as deemed necessary. 5. Provide a draft technical memorandum (in PDF format) outlining all findings and recommendations. Memorandum to include infographics along with supporting narrative. 6. Obtain one set of consolidated comments from the client and planning team, and issue a revised final memorandum (in PDF format). Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 5 Walker Project #23-7605.00 SUMMARY CONCLUSIONS Treadstone requested that Walker perform a study to answer the following four questions: 1. What is the aggregate inventory of parking spaces in the study area (including all surface and underground parking in Lot A, Lot B, Lot 55, and Out-lot 1)? 2. Based on all existing uses in the study area, how many parking spaces does current Town of Avon code require? 3. When Lot B is developed what will the parking requirement be, according to Town code? Compare current code to 1988 code, under which (arguably) the current development could be governed. 4. What is the actual parking demand in the study area? Walker’s study, findings, analysis, and conclusions suggest the following:  The current inventory of the study area is 297 parking spaces;  Based on existing uses, Town of Avon Code requires 257 parking spaces, but has allowances for mixed-use and available on-street parking that reduce this requirement to 218;  The proposed 142-room hotel will be required to provide one parking space per room for customers and employees, and another ten spaces for guests. Walker has confirmed that this requirement of 152 parking spaces is consistent with industry standards, and is similar whether the 1988 or current zoning Code requirement is applied;  The hotel will house three condominiums of greater than 2,500 square feet, which will be required to have two spaces per unit; one condominium of less than 2,500 square feet will be required to have one space. The total requirement for the four condominiums is seven spaces;  There will also be 536 square feet of retail. This space is allowed a ten percent reduction for zoning purposes, to 482 square feet. At four spaces per 1,000 square feet, another two spaces would be required;  Actual peak demand within the study area observed by Walker was 193 vehicles at 10:00 a.m. on Friday, February 26, 2016 (of these vehicles seven could be attributed to Alpine Bank overflow, about a dozen to individuals who parked on Lot B, but headed for off-site destinations, and approximately 20 parking spaces were lost to materials storage, equipment, or derelict vehicles);  During this observation period, Walker noted a surplus of 104 parking spaces, even at times of the most intensive use (this surplus exceeds 140 spaces when Alpine Bank overflow, off-site users, and inventory lost to storage are accounted for);  The number of parking spaces required by code for the entire study area, assuming the proposed development is completed, is 355 spaces. The planned development creates a net total of 376 parking spaces (a 21-space surplus); and, Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 6 Walker Project #23-7605.00  Projected peak demand is estimated to be 354 parking spaces (193 based on current observations, plus 161 related to the planned hotel/retail/condo). Walker’s observations included as many as 40 spaces apparently occupied by stored and derelict vehicles, equipment, overflow parking, and vehicles parked by individuals with off-site destinations. Factoring in these variables, it is possible that future demand may be as low as 314 parking spaces at peak. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 7 Walker Project #23-7605.00 DEFINITION OF TERMS (FOR REFERENCE) Several terms are used in this report which may have specific meanings when applied to parking planning, demand analysis, and/or parking management. For this report the following definitions are assumed:  ADA Parking: Shorthand notation for “handicapped” or disabled parking stalls which are typically marked with blue striping and signage. Design standards for these spaces are set by the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which were published to clarify the 1990 ADA legislation and were last updated in 2010.  Peak Hour Occupancy: The overall peak conditions as observed during our parking demand surveys. In this case, the peak hour occurred at 10:00 a.m. on Friday, based on the survey data collected for this study.  Survey Day(s): The days when parking occupancy data was collected. For this study, parking occupancy data was collected on Friday and Saturday, February 26th and 27th, 2016. Our survey included an initial count at 7:30 a.m., and hourly counts between 10:00 a.m. and 8:00 p.m., to show parking demand patterns on a typical weekday and weekend day. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 8 Walker Project #23-7605.00 INVENTORY/OCCUPANCY On February 25th-27th, 2016, Walker undertook parking inventory and occupancy counts of the study area in Avon, Colorado to assess supply and demand during peak hours. On Thursday, February 25th Walker verified the parking inventory by visiting each lot and counting the number of parking spaces. Lots were noted by user type (permit-required, 15-minute, two-hour, gated, ADA, etc.). Individual parking spaces were counted; in those locations without curb stops or pavement markings (absent or worn/faded), the number of spaces was estimated. On Friday and Saturday, February 26th and 27th, Walker observed occupancy within the study area to gauge the level of parking demand. Twelve counts were performed per day: an initial count at 7:30 a.m., followed by hourly counts from 10:00 a.m. to 8:00 p.m. The days and times of the counts were selected based on Walker’s and Treadstone’s mutual understanding that the days of week, time of year, and times of day chosen represent peak demand conditions—i.e., typically busy days during high season. CURRENT CONDITIONS – INVENTORY On Thursday, February 25th, 2016, Walker took an inventory of the parking in the study area. The defined study area contains 297 parking stalls, which are allocated as follows:  Lot A (aboveground) contains 55 spaces  Lot A (underground) has 100 spaces  Lot B accounts for 126 spaces  Lot 55 (aboveground) is 1 space  Lot 55 (underground) represents 15 spaces Lot A is inclusive of the area also known as “Out-lot 1.” The full inventory is showing in the table on the following page. Alpine Bank parking spaces are considered in the inventory and occupancy counts per legacy agreements. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 9 Walker Project #23-7605.00 Figure 3: Study Area Parking Inventory Source: Walker Parking Consultants, 2015 The map of the study area appears below. The Lot A areas are indicated by green, Lot B by blue, and Lot 55 by brown. The hatched pattern represents underground parking. Figure 4: Parking Lots in the Study Area Source: Treadstone; graphic prepared by Walker Parking Consultants, over Google Maps base, 2016 TOTAL INV. 26 15-minute 28 2-hour 1 Unmarked 98 Gated 2 ADA 120 2h/permit 6 ADA 1 Near ramp (above ground) 15 Gated TOTAL 297 297 INVENTORY Lot A (above ground) 55 Lot A (below ground) 100 Lot B 126 Lot 55 (below ground) 16 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 10 Walker Project #23-7605.00 CURRENT CONDITIONS – OCCUPANCY On Friday and Saturday (February 26th-27th, 2016), Walker recorded the occupancies of all inventoried lots at 7:30 a.m. and hourly from 10:00 a.m. to 8:00 p.m., to measure the ebb and flow of demand throughout the day. As expected, the area was only beginning to fill at 7:30 a.m., peaking at 10:00 a.m. on Friday, and at 7:00 p.m. on Saturday. With little exception, the demand was fairly level throughout the day on both days that Walker observed, with approximately 60 percent occupancy in the study area on Friday, and approximately 51 percent occupancy on Saturday. At 10:00 a.m., 1:00 p.m., and 6:00 p.m. on both days, dashboard placards and window decals were also counted. These placards and decals function as permits allowing all-day parking in surface lots in Lots A and B. Both lots are signed for 2-hour and permit parking only, with the exception of 26 15-minute parking spaces in Lot A (east of the Lodge at Avon Center building). Alpine Bank window decals are issued by the bank to its employees; residents and employees of the businesses in the Lodge at Avon Center are issued either dashboard placards or window decals. The full-day table of occupancies by lot (A, B, or 55), along with sub-designations (2- hour, 15-minute, ADA/handicapped, or unmarked), and the number of placards and decals each day, are as follows: Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 11 Walker Project #23-7605.00 Figure 5: Full Occupancy Data, Friday, February 26, 2016 Source: Walker Parking Consultants, 2016 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Avg. 26 15-minute 2 9 9 6 13 8 14 15 14 11 7 6 10 28 2-hour 11 22 18 21 19 22 21 17 17 18 19 22 19 1 Unmarked 0 0 0 0 0 0 0 1 1 0 0 0 0 98 Gated 59 63 63 62 61 60 56 57 68 59 56 57 60 2 ADA 1 1 0 1 1 1 1 1 1 1 1 1 1 120 2h/permit***55 85 82 83 87 90 82 78 76 74 86 74 79 6 ADA 0 0 0 1 0 0 0 0 0 0 0 1 0 1 Near ramp (above ground) 1 1 1 1 1 1 0 0 1 0 0 0 1 15 Gated****?12 11 11 9 8 9 9 7 5 4 4 8 TOTAL 297 129 193 184 186 191 190 183 178 185 168 173 165 178 Percentage 43%65%62%63%64%64%62%60%62%57%58%56%60% Avon Center Decals/Placards (A)9 6 5 7 Alpine Bank Decals (A)5 4 1 3 Subtotal Lot A 14 10 6 10 Avon Center Decals/Placards (B)40 36 30 35 Alpine Bank Decals (B)5 7 0 4 Subtotal Lot B 45 43 30 39 Subtotal Avon Center 49 42 35 42 Subtotal Alpine Bank 10 11 1 7 TOTAL 59 53 36 49*Lot A includes out-lot 1 ** Lot B estimated, no lot markings, some spaces not available due to snow *** Includes 5 spaces occupied by a backhoe and two trailers **** One space used for storage; others reserved for bank or bank tenant employees Lot A* (above ground) Lot A* (below ground) Lot B** Lot 55 (below ground) OCCUPANCY INVENTORY Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 12 Walker Project #23-7605.00 Figure 6: Full Occupancy Data, Saturday, February 27, 2016 Source: Walker Parking Consultants, 2016 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Avg. 26 15-minute 0 4 4 6 3 3 4 5 7 7 9 6 5 28 2-hour 3 14 17 13 14 13 11 8 13 16 22 16 13 1 Unmarked 0 0 0 0 0 0 0 0 0 0 0 0 0 98 Gated 68 64 66 64 65 65 62 62 60 58 61 60 63 2 ADA 2 2 1 2 2 2 2 0 0 0 0 1 1 120 2h/permit***51 61 70 66 64 67 62 60 62 70 78 74 65 6 ADA 1 0 1 0 0 0 0 0 0 1 1 1 0 1 Near ramp (above 0 0 0 0 0 0 0 0 0 0 0 0 0 15 Gated****2 4 4 4 2 2 2 2 2 2 2 2 3 TOTAL 297 127 149 163 155 150 152 143 137 144 154 173 160 151 Percentage 43%50%55%52%51%51%48%46%48%52%58%54%51% Avon Center Decals/Placards (A)4 5 3 4 Alpine Bank Decals (A)0 0 0 0 Subtotal Lot A 4 5 3 4 Avon Center Decals/Placards (B)32 34 32 33 Alpine Bank Decals (B)0 0 0 0 Subtotal Lot B 32 34 32 33 Subtotal Avon Center 36 39 35 37Subtotal Alpine Bank 0 0 0 0 TOTAL 36 39 35 37 *Lot A includes out-lot 1 ** Lot B estimated, no lot markings, some spaces not available due to snow *** Includes 5 spaces occupied by a backhoe and two trailers **** One space used for storage; others reserved for bank or bank tenant employees Lot 55 (below ground) Lot A* (above ground) Lot A* (below ground) Lot B** OCCUPANCY INVENTORY Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 13 Walker Project #23-7605.00 To give a sense of the intensity of use, we’ve combined the various uses in each lot and employed heat maps to illustrate the two survey days. The heaviest occupancies show as red, the lightest as green, with a continuum between: Figure 7: Parking Occupancy Heat Map, Friday, February 26, 2016 Source: Walker Parking Consultants, 2016 Figure 8: Parking Occupancy Heat Map, Saturday, February 27, 2016 Source: Walker Parking Consultants, 2016 Parking Facility 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Avg. Lot A Surface 24% 56% 49% 49% 58% 55% 64% 60% 58% 53% 47% 51% 52% Lot A Garage 60% 64% 63% 63% 62% 61% 57% 58% 69% 60% 57% 58% 61% Lot B Surface 44% 67% 65% 67% 69% 71% 65% 62% 60% 59% 68% 60% 63% Lot 55 Combined 6% 81% 75% 75% 63% 56% 56% 56% 50% 31% 25% 25% 54% OCCUPANCY Parking Facility 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Avg. Lot A Surface 5% 33% 38% 35% 31% 29% 27% 24% 36% 42% 56% 40% 33% Lot A Garage 70% 66% 67% 66% 67% 67% 64% 62% 60% 58% 61% 61% 64% Lot B Surface 41% 48% 56% 52% 51% 53% 49% 48% 49% 56% 63% 60% 52% Lot 55 Combined 13% 25% 25% 25% 13% 13% 13% 13% 13% 13% 13% 13% 16% OCCUPANCY Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 14 Walker Project #23-7605.00 We can translate these occupancies onto maps of the study area. Because the occupancies were relatively level throughout the day, we present the peak and average occupancies for each day (rather than one for each hour of each day), as follows: Figure 9: Parking Peak Occupancy, Friday, February 26, 2016 Source: Walker Parking Consultants, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 15 Walker Project #23-7605.00 Figure 10: Parking Average Occupancy, Friday, February 26, 2016 Source: Walker Parking Consultants, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 16 Walker Project #23-7605.00 Figure 11: Parking Peak Occupancy, Saturday, February 27, 2016 Source: Walker Parking Consultants, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 17 Walker Project #23-7605.00 Figure 12: Parking Average Occupancy, Saturday, February 26, 2016 Source: Walker Parking Consultants, 2016 Viewed through the lens of availability, the table below illustrates parking vacancies throughout the course of the day: Figure 13: Parking Vacancies Source: Walker Parking Consultants, 2016 Currently, even at peak demand on a weekday, Walker observed a minimum of 104 total spaces available in the study area. Day 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Avg. Friday 168 104 113 111 106 107 114 119 112 129 124 132 119Saturday170148134142147145154160153143124137146 AVAILABILITY IN STUDY AREA Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 18 Walker Project #23-7605.00 PEAK HOUR DEMAND During Walker’s observations, peak demand in the study area occurred at 10:00 a.m. on Friday, with 193 vehicles parked in the study area. At this hour there were 104 parking spaces available. During the study days, there were an average of 119 spaces available on Friday and 146 spaces available on Saturday. By taking the inventory numbers and subtracting the observed occupancies, we can calculate the parking adequacy (remaining capacity) or deficit (shortage) of parking in each space type and in each parking facility. At the peak-use observed, the system had 104 parking spaces available. Of these spaces 39 were within gated facilities, so in order for the system to avail itself of this capacity, usage patterns would need to be redistributed, or policies would need to change. However, in all, during the period observed, the study area has 35 percent of its parking spaces available. Figure 14: Capacity by Lot and Time Source: Walker Parking Consultants, 2016 Inventory 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Lot A (above ground)55 42 24 28 28 23 25 20 22 23 26 29 27 Lot A (below ground)100 40 36 37 37 38 39 43 42 31 40 43 42 Lot B 126 71 41 44 42 39 36 44 48 50 52 40 51 Lot 55 16 15 3 4 4 6 7 7 7 8 11 12 12 TOTAL 297 168 104 113 111 106 107 114 119 112 129 124 132 Percent Available 57%35%38%37%36%36%38%40%38%43%42%44% Inventory 7:30 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM Lot A (above ground)55 52 37 34 36 38 39 40 42 35 32 24 33 Lot A (below ground)100 30 34 33 34 33 33 36 38 40 42 39 39 Lot B 126 74 65 55 60 62 59 64 66 64 55 47 51 Lot 55 16 14 12 12 12 14 14 14 14 14 14 14 14 TOTAL 297 170 148 134 142 147 145 154 160 153 143 124 137 Percent Available 57% 50% 45% 48% 49% 49% 52% 54% 52% 48% 42% 46% CAPACITY - Friday, February 26, 2016 CAPACITY - Saturday, February 27, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 19 Walker Project #23-7605.00 PERMIT PARKING AND TURNOVER Lot A (above-grade) and Lot B are signed for permit and short-term parking only. Lot A (below- grade) is permit- and gate-controlled. Lot 55 is gate controlled with marked reserved spaces in the underground garage; Lot 55 also contains one surface space, which is not marked or designated in any way. Because of the double credentialing (permit and gate) in the gated areas, only the permits/placards/decals in surface areas were noted; the gated areas are assumed to be 100 percent occupied by permitted parkers. As part of the study, Walker observed and counted permit parkers periodically throughout Friday and Saturday. Counts of permits—in the form of dashboard placards or window decals—were conducted at 10:00 a.m., 1:00 p.m., and 6:00 p.m. on both days, with the following results: Figure 15: Friday, February 26, 2016 – Permit Use Source: Walker Parking Consultants, 2016 10:00 AM 1:00 PM 6:00 PM 55 55 55 31 32 29 9 6 5 5 4 1 45% 31% 21% 25% 18% 11% 10:00 AM 1:00 PM 6:00 PM 126 126 126 85 87 74 40 36 30 5 7 0 53% 49% 41% 36% 34% 24% TOTAL Lots A (surface) and B 10:00 AM 1:00 PM 6:00 PM 181 181 181 116 119 103 49 42 35 10 11 1 51% 45% 35% 33% 29% 20% Avon Ctr. Permit Alpine Bank Permit PERCENT PERMITTED VEHICLES PERCENT OF SPACES IN LOT Lot A (surface) Lot B PERCENT PERMITTED VEHICLES PERCENT OF SPACES IN LOT TOTAL PERMITS Inventory Occupancy PERMITS Inventory Occupancy Avon Ctr. Permit Alpine Bank Permit Alpine Bank Permit PERCENT PERMITTED VEHICLES PERCENT OF SPACES IN LOT Inventory PERMITS Occupancy Avon Ctr. Permit Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 20 Walker Project #23-7605.00 Figure 16: Saturday, February 27, 2016 – Permit Use Source: Walker Parking Consultants, 2016 Friday Permit Use Throughout business hours on Friday, about half of the vehicles parked in the areas being observed had either Lodge at Avon Center or Alpine Bank credentials. Because these lots were not full at any time, permits represented a third or fewer, of the total parked cars. The number of permits dropped off significantly after the bank and other retail and services began to close for the day. By 6:00 p.m., a little over a third of the parked vehicles had permits, representing about 20 percent of the parking occupancy in these two lots. Of the permits displayed, the vast majority were associated with the Lodge at Avon Center versus Alpine Bank (49 of 59 at 10:00 a.m., 42 of 53 at 1:00 p.m., and 35 of 36 by 6:00 p.m.). While there were a maximum of 49 Lodge at Avon Center permits at 10:00 a.m., Alpine Bank 10:00 AM 1:00 PM 6:00 PM 55 55 55 18 17 23 4 5 3 0 0 0 22% 29% 13% 7% 9% 5% 10:00 AM 1:00 PM 6:00 PM 126 126 126 61 64 71 32 34 32 0 0 0 52% 53% 45% 25% 27% 25% TOTAL Lots A (surface) and B 10:00 AM 1:00 PM 6:00 PM 181 181 181 79 81 94 36 39 35 0 0 0 46% 48% 37% 20% 22% 19%PERCENT OF SPACES IN LOT Inventory Occupancy Avon Ctr. Permit Alpine Bank Permit PERCENT PERMITTED VEHICLES Avon Ctr. Permit Alpine Bank Permit PERCENT PERMITTED VEHICLES PERCENT OF SPACES IN LOT TOTAL PERMITS PERCENT OF SPACES IN LOT PERMITS Lot B Inventory Occupancy Inventory Occupancy Avon Ctr. Permit Alpine Bank Permit PERCENT PERMITTED VEHICLES PERMITS Lot A (surface) Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 21 Walker Project #23-7605.00 experienced a maximum of only 11 at 1:00 p.m.—including their parking spaces in Lot 55, their total maximum presence (as evidenced by permit- and gate-controlled parking) was 23 vehicles at 10:00 a.m., on Friday (or excess of seven vehicles versus the Lot 55 inventory). Saturday Permit Use As one would reasonably imagine, demand patterns are different on a Saturday than on a weekday, as some service businesses (including Alpine Bank) are closed. Throughout the whole day on Saturday, less than half of the vehicles parked in the areas being observed had parking credentials—none of these were Alpine Bank; all permits were associated with the Lodge at Avon Center. Because these lots were not full at any time, these permits represented only about 20 percent of all parked cars. The number of permits remained stable all day as the light to moderate use of the observed lots varied due to transient users. The number of permits was 36 at 10:00 a.m., 39 at 1:00 p.m., and 35 at 6:00 p.m., on Saturday. Other Impacts on Inventory PERMIT HOLDERS Based upon current signage, the holders of permits for the Lodge at Avon Center may park in Lot A and Lot B. There are also a portion that park in underground Lot A. While transient parkers can park in the surface Lots A and B, they do not have access to the underground parking. Based upon observed occupancies, underground Lot A could accommodate many of the Lodge at Avon Center permit holders that are parking aboveground, freeing up more space for the transient 15-minute and 2-hour parkers. STORAGE In addition to parking permits, capacity in these parking areas can be impacted by rarely-used or derelict vehicles, and by equipment storage. Lot B experiences most of this diminution of available parking—a backhoe occupies three spaces, two trailers occupy parking stalls, a few pick-up trucks and SUVs appear to have been left in the lot, untouched for weeks (snow piled around them, flat tires, covered for storage, etc.), and one large box truck seems to have fallen into disuse. All of these unused or lesser used pieces of equipment are found either on the ramp to underground Lot A, or in the surface spaces due west of the ramp. The upper portion of the lot, closest to West Beaver Creek Boulevard, experiences more frequent turnover, even among the vehicles with parking credentials. The underground Lot A parking also contains several vehicles that have vehicle covers, are coated in dust, or otherwise appear unused. One space closest to the entrance is used for materials storage, and at least four spaces in the lot are lost to ice dams in two locations that are the result of significant leaks from above. There is also a trailer, and a commercial van Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 22 Walker Project #23-7605.00 (perhaps building-owned) that are a consistent presence. Similarly, underground lot 55 contained one space occupied by stored materials, and two cars that didn’t move on either Friday or Saturday, including during times at which the Alpine Bank building may be presumed to have been empty. In all, over twenty spaces in the study area (or nearly ten percent) appear to be to be lost to long-term vehicle storage, material and equipment storage, and infrastructure damage. OFF-SITE USERS As part of the study, Walker observed the behaviors of Lot B parkers between 7:30 a.m. and 10:00 a.m. on both Friday and Saturday, February 26 and 27. Specifically, when a car pulled in and parked, its occupants were monitored to see if their destinations were within, or outside of, the study boundaries. The observations were as follows: Figure 17: On- and Off-Site Users Source: Walker Parking Consultants, 2016 This morning sampling of behaviors appears indicative of daily patterns; Walker and Treadstone mutually agreed that this sampling was adequate, as opposed to attempting to monitor each parker through the whole day. The observed pattern was that on a weekday over 80 percent of parkers remained in the study area (residents, employees, and customers). The few that left the site appeared to be employers or contractors walking in the direction of Seasons, Wyndham, and the Westin; three or four of the “off-site” users were individuals (often carrying ski equipment) dropped off at their cars, which had been stored there overnight. Anecdotally, most of those who walked off-site appeared to be parked throughout the day (individual vehicles were not specifically monitored). The 13 off-site users entering lot B on Friday, February 26, 2016, yielded a total of ten vehicles parked between 7:30 a.m. and 9:59 a.m. The remaining three vehicles were immediately removed by people who were dropped off to pick up their cars. Friday, February 26, 2016 Saturday, February 27, 2016 On-site Off-site On-site Off-site 7:30 - 7:59 AM 8 2 7:30 - 7:59 AM 7 2 8:00 - 8:59 AM 24 7 8:00 - 8:59 AM 7 5 9:00 - 9:59 AM 26 4 9:00 - 9:59 AM 12 5 TOTAL 58 13 TOTAL 26 12 82%18%68%32% Destinations Lot B Parkers'Lot B Parkers' Destinations Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 23 Walker Project #23-7605.00 On Saturday, February 27, 2016, observations were conducted during the same period. A total of 12 vehicles (or about a third) were off-site users, between 7:30 a.m. and 9:59 a.m. This contributed ten cars—as with the previous day, two cars dropped off individuals whose cars had been parked overnight. Of these ten cars, three contained skiers, who took their equipment off-site with them, and four appeared to be employees going to work in the direction of Seasons, Wyndham, and the Westin; among the remaining three vehicles parked, the destinations of the occupants were unclear, but was certainly outside the study area. In all, given this small sample, off-site users appeared to account for about a dozen vehicles parked in the study area on each day. FUTURE CONDITIONS Projecting the need for parking as development occurs on Lot B is part art and part science. In order to make its best projections, Walker has used actual observations during a period of peak demand, and has used nationally-recognized standards to assess what the expectations of parking demand will (based upon the proposed uses within the study area). In addition, Walker has researched Town of Avon Code, to assess what the Town is likely to expect based upon its ordinances. BASED ON OBSERVATION As noted in the previous section, Walker conducted observations of parking use in the study area throughout Friday and Saturday, February 26 and 27, 2016. During this observation period, Walker noted an effective surplus of 104 parking spaces, even at times of the most intensive use. Among overflow from Alpine Bank, derelict vehicles, materials and equipment storage, and off- site users of lot B, approximately 40 more spaces could be made available. Next, Walker applied a shared parking model, which was co-developed by the Urban Land Institute and Walker Parking Consultants. This formula-based approach is nationally respected and considered the state of the art in anticipating parking demand in mixed- and shared-use applications. BASED ON SHARED PARKING MODEL Walker built a shared parking model for a 142-room hotel on the site of Lot B; the model predicts a peak demand of 142 parking spaces for guests and employees, plus the need for 11 parking Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 24 Walker Project #23-7605.00 spaces for visitors, seven spaces for condominiums, and an additional two spaces supporting 536 square feet of retail space (482 square feet, allowing for a ten percent reduction, per code)—a total of 162 parking spaces. As described in the section below, zoning would require a maximum of ten spaces for visitors. BASED ON ZONING As interpreted by Walker, Town of Avon Code (see Appendix A), currently requires the study area to have 257 parking spaces for the existing uses. The study area contains 297 spaces. According to Code, parking requirements are reduced by 15 percent (or 39 spaces) for mixed use; and are eligible for a further reduction of one space per on-street parking space adjacent to the front boundary of the site—a credit of an additional six spaces; however, at the Town’s request the on-street credit is not considered in this analysis. The shared parking reduction reduces the mandated number of spaces to 218, giving the site a current surplus of 79 spaces. Again, as interpreted by Walker, the Code would require a new hotel to provide one parking space per room to accommodate hotel, plus ten spaces to accommodate the visitors of hotel guests, seven spaces for condominiums, and two spaces to support retail space. In the case of the current plans, this is likely to yield a requirement of 161 parking spaces. Treadstone intends to displace the 126 spaces in Lot B with the new construction and add a parking facility containing 205 parking spaces. With the addition of the hotel, the study area would be subject to a code-based requirement for 418 parking spaces, again tempered by a 15 percent mixed-use reduction. The resulting requirement would be 355 spaces. The current inventory is 297 spaces, the expected loss is 126, and the planned addition of parking is at least 205 spaces. This yields 376 parking stalls, a surplus of 21 spaces based upon code. Although the hotel project was originally conceived in 1988, Walker applied current code, having found no evidence that there was difference between historical and current codes. In tabular form, the preceding analysis appears as follows: Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 25 Walker Project #23-7605.00 Figure 18: Code-Based Parking Requirements Source: Walker Parking Consultants, 2016 CURRENT USE: Lodge at Avon Center - Commercial Unit #Area (sq. ft.)Use Sq. ft. by use Spaces required 107 5,597 Municipal Office 5,037 22 109 407 Office 110 321 Office 121 1,901 Office 200 2,783 Office 208 1,381 Office 216 485 Office 219 625 Office 222 1,871 Office 228 728 Office 230 1,191 Office 234 1,182 Office 236 1,671 Office 13,091 39 204 1,501 Medical/dental 210 272 Medical/dental 214 270 Medical/dental 218 662 Medical/dental 220 557 Medical/dental 224 1,555 Medical/dental 232 1,124 Medical/dental 5,347 21 125 3,289 Restaurant 127 1,251 Restaurant 129 4,201 Restaurant 7,867 79 113 1,523 Commercial 114 4,071 Commercial 5,035 20 Subtotal 40,419 36,377 182 CURRENT USE: Lodge at Avon Center Condominiums Units <2,500 sq ft > 2,500 sq ft 3BR 43 41 2 45 4BR 7 4 3 10 5BR 2 0 2 4 Subtotal 52 59 CURRENT USE: Bank Area (sq. ft.) Bank 4000 Bank 3,600 14 1500 1st fl. Tenants 1,350 4 Office 5500 2nd fl. Tenants 4,950 15 de facto Town variance (17) Subtotal 11000 16 PLANNED USE: Hotel 142 rooms 1 per room 142 Condominiums under 2,500 sf 1 1 Condominiums over 2,500 sf 3 6 Guest parking see code max. 10 10 Retail 4 per 1000 sq ft (10% reduction)482 2 TOTAL REQUIREDSubtotal 161 418 Reductions Mixed use reduction (15%)15%(63) On-street parking reduction (1 for 1)6 0 Requirement 355 Current Inventory 297 Potential loss to construction (126) Proposed new parking facility 205 Plan 376 Surplus/(Deficit)(plan minus requirement)21 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 26 Walker Project #23-7605.00 CONCLUSIONS This study began with four major questions posed by Treadstone; this section summarizes Walker’s conclusions addressing those points. AGGREGATE INVENTORY 1. What is the aggregate inventory of parking spaces in the study area (including all surface and underground parking in Lot A, Lot B, Lot 55, and Out-lot 1)? The total parking inventory is approximately 297 spaces. Because much of Lot B does not have striped spaces, the capacity has been estimated. Figure 19: Study Area Parking Inventory Source: Walker Parking Consultants, 2015 CURRENT CODE REQUIREMENTS 2. Based on all existing uses in the study area, how many parking spaces does current Town of Avon code require? If the current Town of Avon Code is applied to the study area, the total requirement is 257 spaces (square-foot calculations have been based upon 90 percent of the gross square footage, based upon Code, and restaurants have been assumed to have 60 percent of their space devoted to seating area). With reductions for shared-use (15 percent), the requirement could potentially be lowered to 218 spaces, possibly leaving the study area (which has an inventory of 297 spaces) with a surplus of 79 parking spaces versus code. This information is presented in tabular form as follows: TOTAL INV. 26 15-minute 28 2-hour 1 Unmarked 98 Gated 2 ADA 120 2h/permit 6 ADA 1 Near ramp (above ground) 15 Gated TOTAL 297 297 Lot 51 (below ground) 16 Lot A (above ground) 55 Lot A (below ground) 100 Lot B 126 INVENTORY Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 27 Walker Project #23-7605.00 Figure 20: Study Area Parking Inventory Source: Walker Parking Consultants, 2015 FUTURE CODE REQUIREMENTS 3. When Lot B is developed what will the parking requirement be, according to Town code? Walker reviewed the current code and found the parking provisions to be unchanged when compared to 1988 code (the year in which the current development was initially conceived). For each hotel accommodation unit (under 600 square feet), code requires one parking space—yielding a requirement of 142 spaces to meet the needs of customers and employees of a 142-room hotel. Code further requires additional “guest” spaces, to a maximum of ten per building; the proposed project reaches the threshold for this maximum requirement (see excerpt from Code, in Appendix A). The retail component of 536 square feet (adjusted down ten percent to 482 square feet, per code) will have a requirement of four spaces per 1,000 square feet. Using a nationally-accepted model for projecting parking demand, Walker independently CURRENT USE: Lodge at Avon Center - Commercial Use Adj. Sq. Ft.Code Requirement Municipal Office 5,037 4 spaces/ksf 22 Admin/Professional Office 13,091 3 spaces/ksf 39 Medical/Dental Office 5,347 4 spaces/ksf 21 Restaurant 7,867 1 space/60 sf seating 79 Commercial (retail)5,035 4 spaces/ksf 20 Subtotal 36,377 182 CURRENT USE: Lodge at Avon Center Condominiums Use Units Code Requirement ≥3BR (less 2,500sf)45 1 per unit 45 ≥3BR (2,500sf or greater)7 2 per unit 14 Subtotal 52 59 CURRENT USE: Alpine Bank Building Use Square Feet Code Requirement Commercial (bank)3,600 4 spaces/ksf 14 Office 6,300 2nd fl. Tenants 19 de facto Town variance (17) Subtotal 9,900 16 SUBTOTAL REQUIRED 257 Reductions Mixed use reduction (15%)15%(39) On-street parking reduction (1 for 1)6 0 TOTAL REQUIRED 218 CURRENT INVENTORY 297 Surplus/(Deficit)79Inventory minus required Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 28 Walker Project #23-7605.00 came up with a projected need for 142 parking spaces plus 11 for guests—this helps validate the Code requirement as a reasonable number. When the proposed development is added among the current uses, the tabulated surplus/deficit appears as follows: Figure 21: Projected Code Requirement Source: Walker Parking Consultants, 2015 ACTUAL PARKING DEMAND 4. What is the actual parking demand in the study area? Walker observed a peak parking demand of 193 vehicles, at 10:00 a.m. on Friday, February 26, 2016. This suggests a current surplus of 104 parking spaces—a number that could be approximately 40 spaces higher, if people who park in the study area but have destinations outside the study area no longer have access, if vehicles that are stored or neglected in the lots within the study area are relocated elsewhere, and if Alpine Bank doesn’t overflow into Lots A and B. As an exercise and illustration, Walker has overlaid today’s current demand with a theoretical maximum demand related to the proposed development. The proposed parking supply is 376 spaces. The observed peak was 193 vehicles; the future hotel could have a demand of 161 vehicles (at one per room plus ten guests, plus seven for condos, plus two for retail). This yields a potential peak demand for 354 parking spaces (with an adjustment of as many as 40 vehicles CURRENT USES: Lodge at Avon Center and Alpine Bank Building Calculated requirement 257 PROPOSED USE (142-room hotel) Customers/employees 142 Guests 10 Condos 7 Retail 2 TOTAL REQUIREMENT 418 Reductions Mixed use reduction (15%)(63) On-street parking reduction (1 for 1)0 355 Current Inventory 297 Potential loss to construction (126) Proposed new parking facility 205 Plan 376 Surplus/(Deficit)21 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 29 Walker Project #23-7605.00 to account for stored, derelict, overflow, and off-site uses), which makes the planned supply adequate. In table form, this appears as follows: Figure 22: Observed Current Demand Plus Projected Parking Supply and Demand Source: Walker Parking Consultants, 2015 ADA PARKING Incorporated within the count of spaces above is an inventory of eight ADA parking stalls, for individuals with disabilities. This number of accessible spaces is in compliance with the Americans with Disability Act accessibility guidelines. The requirements thereof are as follows: Figure 23: ADA Parking Requirements Source: Walker Parking Consultants, 2016 The study area has 297 total parking stalls. According to these guidelines, the study area would be required to have seven ADA spaces. With eight spaces, the study area exceeds the legal minimum. This calculation uses an interpretation of ADA regulations which suggest that the whole parking inventory may be taken in aggregate. This may be appropriate, because existing agreements make the parking within the entire study area open to multiple parcels. Although Proposed parking supply 376 Current peak demand 193 Hotel at full demand 161 Projected peak demand 354 Potential adjustment*(40) Surplus/(Deficit)62 * storage and derelict vehicles, parkers going off-site, etc. Total Number of Parking Spaces in Facility Minimum Number of Accessible Space Required 1 - 25 1 26 - 50 2 51 - 75 3 76 - 100 4 101 - 150 5 151 - 200 6 201 - 300 7 301 - 400 8 401 - 500 9 501 - 1000 2% of total 1001 and over 20, plus 1 for each 100, or fraction thereof, over 1000 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 30 Walker Project #23-7605.00 there are four or five distinct parking areas (depending upon which ones are counted as unique), it may be interpreted that not each parking area is required to have ADA spaces. Instead, the accessible spaces may be allowed to be concentrated into particular areas. According the Americans with Disabilities Act (ADA): Where separate parking facilities serve the same building or entrance, accessible spaces may be grouped together, as long as the number of spaces provided is determined according to each of the separate parking facilities. If parking is developed as planned, with a net resulting parking inventory of 376 parking stalls, the required number of ADA spaces would be eight, equivalent to the current number. Spaces should be placed so as to be convenient to the accessible entries and paths of travel for all facilities within the study area. This assumes that the study area continues to be served by parking which is managed and offered as a shared resource among all properties and owners. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 31 Walker Project #23-7605.00 STATEMENT OF LIMITING CONDITIONS 1. This report is to be used in whole and not in part. 2. Walker’s report and recommendations are based on certain assumptions pertaining to the future performance of the local economy and other factors typically related to individual user characteristics that are either outside Walker’s control or that of the client. To the best of Walker’s ability we analyzed available information that was incorporated in projecting future performance of the proposed subject site. 3. Sketches, photographs, maps and other exhibits are included to assist the reader in visualizing the property. It is assumed that the use of the land and improvements is within the boundaries of the property described, and that there is no encroachment or trespass unless noted. 4. All information, estimates, and opinions obtained from parties not employed by Walker Parking Consultants/Engineers, Inc. are assumed to be true and correct. We assume no liability resulting from misinformation. 5. Unless noted, we assume there are no encroachments, zoning, violations, or building violations encumbering the subject property. 6. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless specified otherwise. 7. None of this material may be reproduced in any form without our written permission, and the report cannot be disseminated to the public through advertising, public relations, news, sales, or other media. 8. We take no responsibility for any events or circumstances that take place subsequent to the date of our field inspections. 9. This report was prepared by Walker Parking Consultants; all opinions, recommendations, and conclusions expressed during the course of this assignment are rendered by the staff of Walker Parking Consultants as employees, rather than as individuals. 10. The conclusions and recommendations presented were reached based on Walker’s analysis of the information obtained from the client and our own sources. Information furnished by others, upon which portions of this study may be based, is believed to be reliable; however, it has not been verified in all cases. No warranty is given to the accuracy of such information; moreover, any significant differences between these assumptions and actual performance may impact the financial projections for the subject parking operation. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 32 Walker Project #23-7605.00 APPENDIX A: Town of Avon Excerpt from Municipal Code Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 33 Walker Project #23-7605.00 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 34 Walker Project #23-7605.00 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 35 Walker Project #23-7605.00 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 36 Walker Project #23-7605.00 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY Page 37 Walker Project #23-7605.00 Exhibit 9 =8 PARKING NEEDS STUDY AVON CENTER, LOT B ADDENDUM Prepared for: Mr. Keith Hampton, Managing Member, Treadstone Development, LLC OCTOBER 27, 2016 FINAL REPORT Exhibit 9 WALKER PROJECT # 23-7605.00 PARKING NEEDS STUDY AVON CENTER, LOT B ADDENDUM Prepared for: Mr. Keith Hampton, Managing Member, Treadstone Development, LLC OCTOBER 27, 2016 FINAL REPORT Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 1 Walker Project #23-7605.00 October 27, 2016 Mr. Keith Hampton, Managing Member Treadstone Development, LLC 624 Mountain Village Boulevard Mountain Village, CO 81435 Re: Avon Center—Lot B Parking Needs Study-ADDENDUM Dear Mr. Hampton: Herein, please find revised study area maps, correcting the boundaries between “Lot A” and “Lot 55.” There are also a revised tables and text showing the inventory of spaces in each of the zones within the study area. This document is intended to be an addendum to the Final Report, dated September 29, 2016. The overall number of spaces, of course, remains the same, as do the zoning code requirements. Other than the redrawn boundaries, our findings, conclusions, and recommendations remain the same. We appreciate the opportunity to continue to be of service to you as you work to move the project forward. Please do not hesitate to contact us with any questions or comments. Sincerely, WALKER PARKING CONSULTANTS David Jay Lieb,Robert E. Stanley, P.E., NSPE, LEED AP, BD+C Parking Consultant, Project Manager Managing Principal, Vice President Enclosure cc: John W. Dorsett, AICP, Walker Parking Consultants 5350 South Roslyn Street, Suite 220 Greenwood Village, CO 80111 Tel: 303.694.6622Fax: 303.694.6667 www.walkerparking.com Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 2 Walker Project #23-7605.00 Revised study area map—adjusting the boundaries of “Lot A” and “Lot 55.” Replaces Figure 1 on page 1 of the Final Report, dated September 29, 2016. Figure 1: Study Area and Sub-Area Boundaries Source: Treadstone; graphic prepared by Walker Parking Consultants, over Google Maps base, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 3 Walker Project #23-7605.00 Revised parking areas map—adjusting the boundaries of “Lot A” and “Lot 55.” Replaces Figure 2 on page 2 of the Final Report, dated September 29, 2016. Figure 2: Parking Lots in the Study Area Source: Treadstone; graphic prepared by Walker Parking Consultants, over Google Maps base, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 4 Walker Project #23-7605.00 Revised parking area distribution—adjusting the inventories of “Lot A” and “Lot 55.” While the distribution of spaces in each zone changes, the overall inventory remains the same. Replaces text page 8 of the Final Report, dated September 29, 2016. CURRENT CONDITIONS – INVENTORY On Thursday, February 25th, 2016, Walker took an inventory of the parking in the study area. The defined study area contains 297 parking stalls, which are allocated as follows: Lot A (aboveground) contains 26 spaces Lot A (underground) has 100 spaces Lot B accounts for 126 spaces Lot 55 (aboveground) is 30 spaces Lot 55 (underground) represents 15 spaces Lot A is inclusive of the area also known as “Out-lot 1.” The full inventory is showing in the table on the following page. Alpine Bank parking spaces are considered in the inventory and occupancy counts per legacy agreements. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 5 Walker Project #23-7605.00 Revised parking area distribution—adjusting the inventories of “Lot A” and “Lot 55.” While the distribution of spaces in each zone changes, the overall inventory remains the same. Replaces Figure 3 on page 9 of the Final Report, dated September 29, 2016. Figure 3: Study Area Parking Inventory TOTAL INV. 26 15-minute 0 2-hour 0 Unmarked 98 Gated 2 ADA 120 2h/permit 6 ADA 30 Above ground (2-hour) 15 Gated TOTAL 297 297 INVENTORY Lot A (above ground) 26 Lot A (below ground) 100 Lot B 126 Lot 55 (below ground) 45 Source: Walker Parking Consultants, 2015 The map of the study area appears below. The Lot A areas are indicated by green, Lot B by blue, and Lot 55 by brown. The hatched pattern represents underground parking. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 6 Walker Project #23-7605.00 Revised parking areas map—adjusting the boundaries of “Lot A” and “Lot 55.” Replaces Figure 4 on page 9 of the Final Report, dated September 29, 2016. Figure 4: Parking Lots in the Study Area Source: Treadstone; graphic prepared by Walker Parking Consultants, over Google Maps base, 2016 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 7 Walker Project #23-7605.00 Revised parking area distribution—adjusting the inventories of “Lot A” and “Lot 55.” While the distribution of spaces in each zone changes, the overall inventory remains the same. Replaces Figure 19 on page 26 of the Final Report, dated September 29, 2016. AGGREGATE INVENTORY 1. What is the aggregate inventory of parking spaces in the study area (including all surface and underground parking in Lot A, Lot B, Lot 55, and Out-lot 1)? The total parking inventory is approximately 297 spaces. Because much of Lot B does not have striped spaces, the capacity has been estimated. Figure 5: Study Area Parking Inventory TOTAL INV. 26 15-minute 0 2-hour 0 Unmarked 98 Gated 2 ADA 120 2h/permit 6 ADA 30 Above ground (2-hour) 15 Gated TOTAL 297 297 INVENTORY Lot A (above ground) 26 Lot A (below ground) 100 Lot B 126 Lot 55 (below ground) 45 Source: Walker Parking Consultants, 2015 Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 8 Walker Project #23-7605.00 STATEMENT OF LIMITING CONDITIONS 1. This report is to be used in whole and not in part. 2. Walker’s report and recommendations are based on certain assumptions pertaining to the future performance of the local economy and other factors typically related to individual user characteristics that are either outside Walker’s control or that of the client. To the best of Walker’s ability we analyzed available information that was incorporated in projecting future performance of the proposed subject site. 3. Sketches, photographs, maps and other exhibits are included to assist the reader in visualizing the property. It is assumed that the use of the land and improvements is within the boundaries of the property described, and that there is no encroachment or trespass unless noted. 4. All information, estimates, and opinions obtained from parties not employed by Walker Parking Consultants/Engineers, Inc. are assumed to be true and correct. We assume no liability resulting from misinformation. 5. Unless noted, we assume there are no encroachments, zoning, violations, or building violations encumbering the subject property. 6. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless specified otherwise. 7. None of this material may be reproduced in any form without our written permission, and the report cannot be disseminated to the public through advertising, public relations, news, sales, or other media. 8. We take no responsibility for any events or circumstances that take place subsequent to the date of our field inspections. 9. This report was prepared by Walker Parking Consultants; all opinions, recommendations, and conclusions expressed during the course of this assignment are rendered by the staff of Walker Parking Consultants as employees, rather than as individuals. 10. The conclusions and recommendations presented were reached based on Walker’s analysis of the information obtained from the client and our own sources. Information furnished by others, upon which portions of this study may be based, is believed to be reliable; however, it has not been verified in all cases. No warranty is given to the accuracy of such information; moreover, any significant differences between these assumptions and actual performance may impact the financial projections for the subject parking operation. Exhibit 9 FINAL REPORT AVON CENTER, LOT B PARKING NEEDS STUDY - ADDENDUM Page 9 Walker Project #23-7605.00 Exhibit 9 1 | P a g e August 10, 2016 Treadstone Development, LLC 505 8th Street Hermosa Beach, CA 90254 RE: Initial Review Comments for Lot B Hotel Submittal Greg, First off, the Town is excited to receive and review your hotel project, and look forward to finalizing plans for a successful project. This important infill project will undoubtedly bring vitality to the Town Core area and we are eager to move forward through the approval process. Staff will continue to make itself available to assist with the preparation and review of final plans. This letter summarizes Staff’s initial review comments for your Major Development Plan submittal. While the application remains incomplete pending utility verification approvals, the Town wanted to take this opportunity to offer comments and solicit additional information to refine your proposal and consider alternative design approaches. These comments and questions are important to address to ensure compliance with the Avon Development Code (“ADC”) as well as helping to aid in the review of this project by the general public and decision making bodies. In addition to this initial review conducted by Town Staff, input from OZ architecture was solicited to review the proposal and provide comments and questions on the design plan as it relates to the Development Code and surrounding projects. This firm is familiar with the Town of Avon development code, infill construction with the Wyndham project, and mountain construction in general. Attached to this letter are comments from OZ with document titled “Review of a Major Development Plan”, dated August 8, 2016. We look forward to reviewing these comments with you at your earliest convenience. 1. Zoning:  The plans indicate 9,549 square feet of landscaped area on site (14.2% of lot area), and 6,631 square feet off-site, bringing the total landscaped area to 24.17% of lot area. The code requires a minimum of 20% on-site landscaped area; therefore, the Town Council must authorize using adjacent public land on Tract G to meet minimum standards. ADC Table 7-20-9  Please demonstrate the total square footage of the building coverage within the lot to meet lot coverage requirements.  The plans must demonstrate compliance with 80’ building height. Please show the roof plan with USGS existing contours underneath the building. 2. Alternative Equivalent Compliance (AEC):  An accompanying AEC application must be submitted to address the following design standards: o The code requires a 4:12 pitched roof. Since the design utilizes a flat roof for the primary form. ADC 7.28.090(j)(4)(ix) o Buildings greater than thirty (30) feet in height shall be designed to reduce apparent mass and visually anchor the building to the site by including a clearly identifiable base, body and top, with horizontal elements separating these components.” ADC 7.28.090(j)(4)(v)(B) o After 45’ of vertical rise, buildings are required to have a stepback of at least 8’. ADC 7.28.090(j)(4)(v)(D) Exhibit 10 2 | P a g e 3. Access & Circulation:  According to Avon’s access management guidelines, curb cuts are generally limited to one point of access. Please demonstrate how the second entry “required for necessity, create[s] a better site design and that safety to the traveling public will not be compromised.” ADC 7.28.030(d)(6). The curb cuts are separated by 70 feet. Ideally these curb cuts will be consolidated. In an effort to minimize curb cuts and provide a safer and more pedestrian-oriented experience along Beaver Creek Boulevard.  Demonstrate how Lot C is served with this access easement and agreement. The access ramp indicates a retaining wall on the west side; please show the details for this retaining wall and how it is finished.  The proposed parking ramp has a grade of 9.4%. Site distance could be limited approaching West Beaver Creek Boulevard (“WBCB”), particularly to see pedestrians and bicycles. The sloping driveway is required to have no more than a 4% slope for the first 20 feet from the edge of the street pavement. ADC 7.82.030(d)(9)(iii)  What is the suggested turning movements for delivery and service vehicles?  The current circulation schemes require hotel guests to drive out to WBCB after checking in, to access the ramp that connects with the lower level parking garage. Connecting to the ramp from underneath the building appears could be studied. 4. Mobility and Connectivity:  While there is a direct pedestrian connection from the Main Street Pedestrian Mall to the hotel entrance, a connection lacks from the WBCB side to the hotel entrance. Planning suggests a delineated material or striping connecting WBCB to the entrance, and widening the entrance near the Mall to allow for a more seamless pedestrian experience. ADC 7.28.040(e)(4).  Bicycle facilities at a rate of 1 bicycle parking space per 10 vehicles (21 total spaces required) be placed within 150’ from the primary building entrance in a conveniently located area. Please demonstrate compliance with this code requirement. ADC 7.28.020(J)  The north to south pedestrian connection along the reciprocal access easement is an extension of Sun Road. This corridor not only has the potential to create a desirable four way stop along Beaver Creek Boulevard but it also provides access form WBCB to the Main Street Pedestrian Mall. This is a critical connection identified in the Avon West Town Center Investment Plan and the draft WBCB Reconstruction Plan. The current plans do not show any pedestrian connection in this location. A safe attractive pedestrian corridor through this easement or a more intuitive connection through the parking lot should be explored. 5. Screening:  How is the refuse screened from view? ADC 7.28.060  Please show how any rooftop mechanical equipment will be screened from nearby taller buildings. ADC 7.28.060(d) 6. Snow Storage:  The sloping drive is shown to have snowmelt. What are the total dimensions of pavement heating for the project? The Exterior Energy Offset requirements will be triggered for area in excess of 200 square feet. Avon Municipal Code (AMC) 15.27  Please include a snow storage plan for areas that will not be snowmelted. 7. Parking Study:  This study appears to meet the requirements of 7.28.020(g)(4)(ii), which allows for parking demand studies that are based upon relevant data and combination of land uses between Lot 55, Avon Center, and Lot B. Exhibit 10 3 | P a g e  Retail space in the hotel, while minimal, does not appear to be accounted for.  The analysis accounts for six (6) spaces in the street. The final plans for WBCB are forthcoming and these spaces should not be accounted for until plans are final. 8. Design Standards:  The corrugated metal material for roofs will need to be presented. Are there examples of this material in use in a similar way on other projects? There are maintenance, finish appearance, and aesthetic concerns as the material stretches all the way to ground level in certain points.  Material #12 is not shown on the plans. Please demonstrate where it is located.  Lighting – AMC 15.30 o Please confirm the plan indicates 2 poles (AA 1-3) on WBCB. o The bollards on the Mall must match existing bollards in the Mall. o Please confirm that the FF lighting housing is “full cutoff” per code.  The WBCB side of the building does not appear to be a pedestrian friendly scale or 4- sided design as the Development Code encourages. ADC 7.28.090(j)(4)  Please refer to the attached ‘Review of a Major Development Plan Submittal’ performed by Oz Architecture, dated August 8, 2016, for additional design comments to be taken into consideration when finalizing the plans. 1. Miscellaneous:  The number of hotel units is listed as 140, 141, and 142 in different places. Please provide the accurate number across documents.  Fire o An Initial Code Summary for fire will be necessary. o What is the movement for fire trucks? o If there is not truck access on the property is there a Fire Command Center? If so, where is it located? o What is the fire rating of the construction? o What type of glass is suggested for the two perpendicular faces of the exit stairs on the WBCB side? They must be 2-hr fire rated (1027.6 of fire code)  Mechanical o Where will the exhaust from laundry facilities be located? Will there be a diesel generator? Will these areas be forced to vent onto the Mall? o What types of mechanical units will be on the roof? o Will each room have its own AC unit, or will it be roof mounted? o Where is the roof access point and will it require a stair access or hatch? In order to address comments, and ensure that the public hearings can be accommodated in a timely manner, Staff offers the above following draft schedule for discussion and finalization. Given the substantive nature of some of the comments, we anticipate the need to reevaluate this schedule moving forward. DRAFT SCHEDULE: Revised Plans Deadline for September PZC August 22, 2016 Public Notification sent to Vail Daily August 31, 2016 PZC Hearing & Recommendation to Council September 6, 2016 TC Hearing #1 *September 13, 2016 TC Hearing #2 September 27, 2016 *If PZC continues hearing, these dates subject to change Exhibit 10 4 | P a g e Respectfully, Matt Pielsticker, AICP Planning Director Att: Review of a Major Development Plan by OZ Architecture Cc: Project File Exhibit 10 1 Review of a Major Development Plan Submittal for the project described as: AVON HOTEL Performed for: The Town of Avon Performed by: OZ Architecture, Inc. August 8, 2016 Architectural Concerns and Notations: This first section lays out the initial reactions and/or questions that the architectural team at OZ produced prior to the review of the Town’s planning, entitlement and design guideline documents. Many of these initial notions will reappear in the sections which follow this one and will be further explored in the review of those documents as they relate to the Avon Hotel submittal. Site Plan and Overall Development: o Of the approximately 290 ft. of Main Street Mall frontage available to this project, only around 88 ft. is actually, “occupied” or “reinforced” by the design and location of these buildings; o Retail is minimal along the Main Street Mall; Suggestions:  Add retail to the south of hotel entrance under the overhang currently comprising a single parking space – combine that with Retail #3 and the office space shown to create better sized retail space;  Add a sundries shop in south-east corner of Hotel Lobby area;  Add significant-sized retail (perhaps F&B) at the west, currently blank end of fitness/condo addition to the Avon Center building thus replacing the 5 parking spaces shown there in the proposed site plan; o The parking along the mall seems unsightly; Suggestions, in lieu of completely reorienting the buildings proposed for the site:  See the retail suggestion for the end of the fitness and condo building;  Remove all of parking spaces adjacent to the mall edge and replace with pedestrian-oriented construction and uses; o The Hotel building seems to stand on a hollowed-out floor (of parking), and is perched on stilts similar in concept to LA-styled Mid-century apartment buildings. The building does not fully cover the parking level below it at grade so that the perimeter cars are exposed to sight, sun and snow. The planning department would be hesitant to positively associate this form as a solution for building a “base at the ground level”. Issues of weather, snow shedding and blowing, automobile noise for hotel guests, or ground plane pedestrian activity are all concerns; o Cars will, therefore, be the predominant feature of the ground level experience on nearly all sides of the buildings; o Screening of the parking garage, ramp and loading will be paramount to the building sitting appropriately on its site and to it being pedestrian friendly; o We have concerns as to how the parking lighting will affect the mall and the site at night; o There seems to be zero internal landscape proposed (other than the perimeter landscaping which is required to fulfil a certain portion of the landscape requirement) Exhibit 10 2 resulting in the impression that both buildings reside in a sea of pavement and that the hotel in fact, sprouts from the parking surface; o The trash chute appears to terminate at the basement level – is this where the dumpsters sit? We are concerned with where the dumpsters may be stored on a daily basis and how odors will be handled near the mall; o We would caution against opening the doors out of the secondary elevator vestibule so close to the traffic movement and snow management issues inherent in the drive (which, at the same location, passes under the connecting bridge above these doors). Building Mass and Form o Neither of the two buildings seems to be, “fronting” the mall. Rather, the massing of the development is arranged perpendicular to Main Street.; o We have concerns as to the method of roof access and what that structure will look like in elevation; o The metal shards of sloping roof seem to shed onto the outdoor dining deck and the sidewalk on West Beaver Creek Boulevard (WBC); o Elevation B on Sheet A-3.1 does not adequately reflect the building design at the ground floor. Materials and Colors Proposed o Given the last point above, we have concerns with the distribution of materials at this key location and how they relate to the Main Street Mall and the Sheraton property. o The materials used at the base of the buildings may not uphold the requirement for durability listed elsewhere in this analysis; o The metal shards roofing turning into siding does not seem to uphold the notion of, “blending in with their surroundings” found elsewhere in this analysis; o This material will need to be non-reflective but even with that, the material selection does not seem to meet the Development Code Standards for earth-toned materials; o The glazing of the exit stair enclosures may not, depending on the construction type chosen, meet the code for separation of those stairs from the fuel source of a fire; o The material selection seems to warrant a full sized wall mock-up so as to determine its suitability of aesthetics and durability-in-performance and given the published design guidelines of the town. Technical Issues o We have concerns with the locations of the mechanical equipment and where the ground mounted transformers for the project might be and how they are screened from the Sheraton and others near and on the site; o We have concerns as to the method by which the kitchen exhaust and trash smells will be handled at the 2nd Floor food preparation and trash storage areas given their proximity to the Main Street Mall and the pedestrian connection to the Sheraton; o The condominium/fitness building does not appear to have any means of handling trash and recycling. Is this why the buildings are connected by a bridge? o Similarly, there is no indication of mechanical systems and the inherent exhaust associated with them for the condo structure; Exhibit 10 3 o We have concerns as to the clear height under the connection bridge between the two structures. From some of the information given, it appears to be less than what is needed for truck and fire apparatus clearances. Avon Development Code (Title 7, with Appendix 7A) Observations: 7.28.060 (e)(3 “Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries”. We have concerns with the application of the above section. In addition and from the same section, Paragraph 2 states that loading and service areas need to be screened from being visible off site. From WBCB, the loading will be clearly seen by pedestrians in its current configuration; Materials and Colors Proposed Section 7.28.090 – Design Standards The examples and issues discussed in these sections begin with generally-applicable design standards and gradually move into those more specific to mixed use buildings and finally to those that apply to this type of building within Avon’s Town Core. (c)(3)(i): “The use of high quality, durable building materials is required.” The materials proposed for use at grade appear to be a foreign-made integrally-colored cement composite panel in a cool grey color. The quality and appropriateness of the use of this material in Avon is of concern. (c)(3)(II) “Preferred materials reflect the Town’s sub-alpine character such as native stone, wood siding, masonry or timbers.” None of the preferred materials from this section are to be found in the proposed development. (c)(3)(v) “Indigenous natural or earth tones . . . in muted, flat colors with an LRV (Light Reflective Value) of 60 or less are required.” No reflectivity information for the metal shards described as, “Metal Roof Siding Silver Grey” was provided. However, (b)(4)(iii) further states that, “roofing materials shall be suitable for local environmental conditions. Colors shall be natural or earth tones.” Besides a huge flat and therefore unseen roof, the metal is the only presumed roof material suggested. (c)(5)(i)(A) Generally suggests that pedestrians should be protected from shedding snow coming off of roofs above. As stated earlier, the dining deck at the second level of the hotel building, which looks out over Main Street, appears to be unprotected against the snow coming off of the metal shard roof above. Exhibit 10 4 Paragraph (C) repeats these requirements saying that roof designs which would allow accumulated snow, ice or rain to fall or slide onto sidewalks or other pedestrian building spaces should be avoided. Building Mass and Form (j)(3)(I)(A) “Buildings shall reinforce the street edges and create pedestrian-scaled open spaces.” Given that this development is listed as one of the town’s top priorities, we are concerned about the WBCB side of the project. (j)(3)(iv) “Mixed-use development shall incorporate on-site indoor and outdoor common spaces . . .” The section then goes on to describe the various types of patios, plazas, parks, squares, gardens, etc. which might satisfy the objective of the statement. Except for the, “multi-use lawn area (1636 s.f.)” near Lettuce Shed Plaza, there are no other common spaces on the site. This lawn area, may also detract from the Plaza by blurring its edges. The section concludes with this statement, “New development in Town Core shall maintain a high interaction between pedestrians and the activities inside the buildings at ground level.” Auto traffic is primarily accommodated on this site plan and very little interaction between inside and outside is to be found in the plan. (j)(4)(iii) Compatible Design (B) This section lists methods that might lead to an acceptable compatibility of design, presumably not only within the specific site development but also along the pedestrian mall and Town Center generally. While it declares that these features are not limited to the list of 12 architectural elements, the only one included in the design is the outdoor patio which appears at the second level, reserved for the hotel guest. (j)(4)(iv) Mixed-Use Buildings in Town Core “ . . . any portion of a new mixed-use building with street frontage floor area (lists the streets surrounding, for the most part, this development except for WBCB) must be occupied by retail, personal service and restaurant uses . . .” This project has slightly more than 530 s.f. of retail at its mall end, has a private pool, fitness and spa facility above grade in the addition to the Avon Center and, for the remainder of its ground level square footage, has an exposed parking space. NOTE: this section also requires, “ground-floor commercial space . . . be at least twelve (12) feet in height as measured from the finished floor elevation to the finished ceiling.” The section drawings indicate that the hotel and condo buildings all have a 12 foot floor-to-floor dimension that will yield something between 10’ to 10’-6” of floor to ceiling space. Therefore the design should be revised with the addition of 1’-6” to 2’ of floor to floor height at its ground floor so as to garner the required 12 foot clear height for commercial space. In addition to being a requirement, we would suggest that a clear height of 12 ft. is much more in keeping with industry standard for extra height at the ground floors of contemporary hotels. The extra height obviously provides a clearer “base” level, garners much needed light and visibility for the uses there, and generally speaks to the civic nature of the front of houses areas that hotels are often expected to provide. Exhibit 10 5 (j)(4)(v)(B) Scale and Massing “Buildings greater than two stories or thirty (30) feet in height shall be designed to reduce apparent mass and visually anchor the building to the site by including a clearly identifiable base, body and top, with horizontal elements separating these components.” With a parking structure comprising the dominant amount of the “base” area of this building, and thus having only columns or pilotis and open air as its base, the building does not seem to present the stable ground plane this section suggests. Also, with the predominantly flat roof and no cornice or overhangs at the sky plane, the top of this building has no clear distinction from the, “body”. The building appears simplistic therefore, but for the metal shard roof turning into wall notion that appears in a few select areas. (j)(4)(viii)(C) Synthetic Materials “The use of synthetic materials is discouraged unless they can be shown to display the ability to age in a manner similar to or superior to the natural materials they replace.” While it is uncertain whether or not the materials selected for the project were meant to, “replace” natural versions, this development is made up of nearly 100% synthetic replicas of wood, stone panels and plaster. (j)(4)(x)(C) Windows “Upper floors shall be differentiated through the use of more solid areas than voids and with smaller vertically oriented windows in a regular pattern.” The fenestration strategy for this development appears to employ predominantly horizontally oriented windows (divided internally with some vertical muntins), modernist, slit-type or eyebrow windows at the exit stairs and curtain wall- like glazing behind the metal shard wall material at the Main Street and WBCB elevations. Development Code standards for parking-only structures warrant inclusion due to the separation of uses between the “base” and “body” of this building. (j)(5) Parking structures: (i) “To the maximum extent feasible, (the) ground floor of parking structures shall be wrapped with retail storefronts or residential uses to provide visual interest and to create pedestrian activity at the street level.” (v) “To the maximum extent feasible, parking structures shall be designed to significantly screen or buffer views of parked cars from surrounding properties through the use of architectural screens or other features.” Exhibit 10 TOWN APPLICANT RESPONSE ZONING 1. The plans indicate 9,549 square feet of landscaped area on site (14.2% of lot area), and 6,631 square feet off-site, bringing the total landscaped area to 24.17% of lot area. The code requires a minimum of 20% on-site landscaped area; therefore, the Town Council must authorize using adjacent public land on Tract G to meet minimum standards. ADC Table 7-20-9 The percent of landscaping required per town zoning is 20% of the total site area. This would equate to 13,385 sf of the total site area of 66,925 sf. Currently, the plan includes on-site landscaped area of 11,102sf of the total lot area of 66,925sf, equal to 16.6% of the lot area. The applicant has submitted an AEC application which proposes to landscape an additional 4,372sf of adjacent property, including 3,230sf of Tract G (Pedestrian Mall), 739sf of Lot 4, and 403sf of frontage along West Beaver Creek Boulevard adjacent to Lot B. This additional landscaped area would increase the total landscaped area for the project to 21.7%. 2. Please demonstrate the total square footage of the building coverage within the lot to meet lot coverage requirements. See attached Landscape Area Calculations freferencve rreference. Site coverage per the plans is 36% 3. The plans must demonstrate compliance with 80’ building height. Please show the roof plan with USGS existing contours underneath the building. See attached Roof Plan for reference. The height of the building is less than the 80’ building height maximum. ALTERNATIVE EQUIVALENT COMPLIANCE (AEC) 1. The code requires a 4:12 pitched roof. Since the design utilizes a flat roof for the primary form. ADC 7.28.090(j)(4)(ix) Consistent with ADC7.28.090(j)(4)(ix), sloped secondary roof forms in the plan are at 4:12 in slope. The flat roof form remains predominant in the plan. We understand that it is discouraged; however, it is utilized in the plan as it is beneficial to other important considerations such as the inclusion of solar panels and reduced ice/snow shed. It is also consistent with neighboring properties. Exhibit 10 TOWN APPLICANT RESPONSE 2. Buildings greater than thirty (30) feet in height shall be designed to reduce apparent mass and visually anchor the building to the site by including a clearly identifiable base, body and top, with horizontal elements separating these components.” ADC 7.28.090(j)(4)(v)(B) Pursuant to ADC 7.28.090(j)(4)(v)(B), the design has been modified to include architectural elements that clearly define the base, body, and top of the building. These include elements such as distinct color/texture, varied materials, and the addition identifiable architectural treatments. 3. After 45’ of vertical rise, buildings are required to have a step back of at least 8’. ADC 7.28.090(j)(4)(v)(D) AEC Application is included as part of development application ACCESS AND CIRCULATION 1. According to Avon’s access management guidelines, curb cuts are generally limited to one point of access. Please demonstrate how the second entry “required for necessity, create[s] a better site design and that safety to the traveling public will not be compromised.” ADC 7.28.030(d)(6). The curb cuts are separated by 70 feet. Ideally these curb cuts will be consolidated. The project plan has been modified to include one curb cut. Exhibit 10 TOWN APPLICANT RESPONSE 2. Demonstrate how Lot C is served with this access easement and agreement. The access ramp indicates a retaining wall on the west side. Please show details for this retaining wall and how it is finished. Lot C will utilize the access drive to enter the lot from the south-east side. The plan includes a landing 20 feet from the street entrance. This will serve as the grade level entrance to Lot C. Lot C has indicated that future plans will not include an underground garage. Therefore it is not expected that Lot C will use the lower end of the access ramp. 3. The proposed parking ramp has a grade of 9.4%. Site distance could be limited approaching West beaver Creek Blvd, particularly to see pedestrians and bicycles. The sloping driveway is required to have no more than a 4% slope for the first 20 feet from the edge of the street pavement. ADC 7.28.030(d)(9)(iii) The plan has been modified to include one entrance at the shared access across from Sun Rd. The ramp slope has been modified and will be further defined as plans for the design of WBCB are finalized. 4. What is the suggested turning movements for delivery and service vehicles? Service vehicles can be accommodated per the included vehicle movement plan. Service vehicles will turn into the entry drive from WBCB and proceed to the first landing. At the landing, vehicles will turn left into the upper parking entrance. They will then back out into the access drive and back down to the service area. Vehicles will depart directly up the ramp to WBCB. Exhibit 10 TOWN APPLICANT RESPONSE 5. The current circulation schemes require hotel guests to drive out to WBCB after checking in, to access the ramp that connects with the lower level parking garage. Connecting to the ramp from underneath the building appears could be studied. Plan has been modified to eliminate this circulation scheme. MOBILITY AND CONNECTIVITY 1. While there is a direct pedestrian connection from the Main Street Pedestrian Mall to the hotel entrance, a connection lacks from the WBCB side to the hotel entrance. Planning suggests a delineated material or striping connecting WBCB to the entrance, and widening the entrance near the Mall to allow for a more seamless pedestrian experience. ADC 7.28.040(e)(4). A 6’-0” accessible pedestrian walkway is being provided along the shared access easement on the north-west side of the lot. Use of different paving material, lighting, and landscape will be provided to delineate walk way. 2. Bicycle facilities at a rate of 1 bicycle parking space per 10 vehicles (21 total spaces required) be placed within 150’ from the primary building entrance in a conveniently located area. Please demonstrate compliance with this code requirement. ADC 7.28.020(J) 21 Bicycle parking spaces have been provided on both grade level and lower level parking. Exhibit 10 TOWN APPLICANT RESPONSE 3. The north to south pedestrian connection along the reciprocal access easement is an extension of Sun Road. This corridor not only has the potential to create a desirable four way stop along Beaver Creek Boulevard but it also provides access form WBCB to the Main Street Pedestrian Mall. This is a critical connection identified in the Avon West Town Center Investment Plan and the draft WBCB Reconstruction Plan. The current plans do not show any pedestrian connection in this location. A safe attractive pedestrian corridor through this easement or a more intuitive connection through the parking lot should be explored. A 6’-0” accessible pedestrian walkway is being provided along the shared access easement on the north-west side of the lot. Use of different paving material, lighting, and landscape will be provided to delineate walk way. SCREENING 1. How is the refuse screened from view? ADC 7.28.060 The refuse and recycling area is located below grade level on the north-west side of the lot. In this location, it is not visible from WBCB or adjacent property owners. 2. Please show how any rooftop mechanical equipment will be screened from nearby taller buildings. ADC 7.28.060(d) Rooftop mechanical equipment will be screened per the plan utilizing sloped roof elements that are integral to the design. These sloped roof elements are at least as high as the mechanical equipment being screened. SNOW STORAGE 1. The sloping drive is shown to have snowmelt. What are the total dimensions of pavement heating for the project? The Exterior Energy Offset requirements will be triggered for area in excess of 200 square feet. Avon Municipal Code (AMC) 15.27 The plan includes 31,813 sf snow melt area. Per the Exterior Energy Offset program, the project includes renewable energy systems that will be installed on- site prior to completion of the project which will generate the equivalent of at least 50% of the energy needed for the exterior energy use. Energy use includes snowmelt, outdoor pool, and hot tub facilities. Exhibit 10 TOWN APPLICANT RESPONSE 2. Please include a snow storage plan for areas that will not be snow melted. No snow storage is provided on the property as all exterior areas will utilize snowmelt. PARKING STUDY 1. This study appears to meet the requirements of 7.28.020(g)(4)(ii), which allows for parking demand studies that are based upon relevant data and combination of land uses between Lot 55, Avon Center, and Lot B. The study has been updated to include parking for included retail space. 2. Retail space in the hotel, while minimal, does not appear to be accounted for. 3. The analysis accounts for six (6) spaces in the street. The final plans for WBCB are forthcoming and these spaces should not be accounted for until plans are final. DESIGN STANDARDS 1. The corrugated metal material for roofs will need to be presented. Are there examples of this material in use in a similar way on other projects? There are maintenance, finish appearance, and aesthetic concerns as the material stretches all the way to ground level in certain points The standing seam roofs are used throughout the Colorado mountain area. The plan does not use corrugated metal. The use of this material is to provide durable, long lasting roofing as well as to provide flexibility to be able to provide screening of any roof equipment. 2. Material #12 is not shown on the plans. Please demonstrate where it is located. The concrete panel noted as material #12 will be used as an accent color within the swisspearl panels on the lower level Exhibit 10 TOWN APPLICANT RESPONSE 3. Lighting – AMC 15.30 - Please confirm the plan indicates 2 poles (AA 1-3) on WBCB. - The bollards on the Mall must match existing bollards in the Mall. - Please confirm that the FF lighting housing is “full cutoff” per code. 2 light pole have been added to WBCB Bollards will be provided on the mall to match existing. 4. The WBCB side of the building does not appear to be a pedestrian friendly scale or 4-sided design as the Development Code encourages. ADC 7.28.090(j)(4 The plan has been modified as follows: 1) Balconies have been added to WBCB side of building. These balconies will serve to connect guests in the hotel to WBCB; 2) the ground level frontage on WBCB includes landscaping elements that encourage public gathering and interaction with the project area; and 3) the entrance to the accessible pedestrian walkway that connects WBCB to the pedestrian mall is integrated with the WBCB end of the building. 5. Please refer to the attached ‘Review of a Major Development Plan Submittal’ performed by Oz Architecture, dated August 8, 2016, for additional design comments to be taken into consideration when finalizing the plans. MISC. 1. The number of hotel units is listed as 140, 141, and 142 in different places. Please provide the accurate number across documents. 142 2. Fire - An Initial Code Summary for fire will be necessary. - What is the movement for fire trucks? - If there is not truck access on the property is there a Fire Command Center? If so, where is it located? NEED TO INCLUDE. - What is the fire rating of the construction?  Fire access will be off WBCB with use of Fire Access Entry  A fire command control will also be provided at WBCB exit stair. See attached 11x17 exhibit.  The hotel will be Type I construction on 1st level + type V construction on the 4 floors built on concrete base Exhibit 10 TOWN APPLICANT RESPONSE - What type of glass is suggested for the two perpendicular faces of the exit stairs on the WBCB side? They must be 2-hr fire rated (1027.6 of fire code)  The exit stairs @ WBCB are exterior stairs with a glass facade  The 2 hour rating will be between the guest room and corridor into the exterior exit stairs. 3. Mechanical - Where will the exhaust from laundry facilities be located? Will there be a diesel generator? Will these areas be forced to vent onto the Mall? - What types of mechanical units will be on the roof? - Will each room have its own AC unit, or will it be roof mounted? - Where is the roof access point and will it require a stair access or hatch? Laundry exhaust will be from lower level parking and may be vented to roof, not to mall area. Each room will have its own fan coil A/C unit piped to mechanical equipment on roof. One of the 3 exit stairs will extend to the roof. Technical Issues (Oz Report) 1. Service Area Access - Location of service areas and access drives - Will loading and service areas be screened from being visible off site? Service and loading areas will be located below grade. As such, it will not be visible from either WBCB or the pedestrian mall. Service vehicles will access the area via the drive from WBCB. 2. Locations of mechanical equipment - Where are they located? - How are they screened? Most equipment will be located on the roof and will be screened by roof elements. Some mechanical equipment will be in the lower level parking area. 3. Kitchen exhaust and trash smells - How will they be vented? - How are they screened? The hotel will be a limited service establishment offering pre-prepared foods. Therefore, there will be minimal cooking equipment and resulting odors. Trash area is located below grade and a significant distance from the pedestrian mall. 4. Condominium/Fitness Building Trash - Where is trash located? Trash will be taken to the trash enclosure in the service area. Exhibit 10 TOWN APPLICANT RESPONSE 5. Locations of mechanical equipment in the condo building - Where are they located? - How are they screened? Mechanical equipment will primarily be in the units and venting will be to the roof. 6. Clearance height for bridge The bridge design has been modified to meet the requirements of the fire department. 7. Ground floor commercial spaces must be at least 12’ in height The design has been modified to meet this requirement. Exhibit 10 Dr. G. J. Pakozdi D.D.S. 103-460 Main Street East Hamilton, Ontario L8N 1K4 Tel: (905) 524-2442 Fax: (905) 522-0100 xray.pakozdi@bellnet.ca October 3, 2016 Dear Keith, This letter will confirm that the Lodge at Avon (Lot A) is aware that Treadstone Development has submitted an application for a major development on Lot B. Further, the lodge at Avon is aware that the plans submitted include areas that overlap across the Lot B property boundary onto property owned by Lot A. The areas of overlap include the reconveyance lots 2A and 3A on the deck along where the plan is adjoining Lot B on the SE corner to extend the parking decks. We also confirm that the Lodge at Avon Centre have been in discussions with Treadstone Development and we are aware of the proposal. This communication is by no means an indication of any sort of approval by Lot A for the proposed development plan. The Lodge at Avon Center has deeded right of ways for access across Lot B as well as deeded parking rights on Lot B. Our hope is that Treadstone Development will receive approval to develop Lot B to compliment the Town Center while satisfying the easements that are recorded on title. Thank you, George Pakozdi, Director, Avon Center Board Exhibit 10 Post Office Box 7980/351 Benchmark Road. Avon, Colorado 81620-7980 Phone: 970-736-5064• FAX: 970-949-7965· Email: mwoodworth@eagleriverfire.org October 19, 2016 Matt Pielsticker Town of Avon Comments Avon Hotel 1) Emergency ingress/egress grade. The 8.1% grade meets the requirements for apparatus access. 16 feet wide access is acceptable by the fire district. I do want to know how the emergency access will be gated. Gate, Chain, Collapsible Bollards, etc. 2) Fire lane or equivalent on Beaver Creek rd. Beaver Creek road will need to be designed with fire engine parking at the command room. A sidewalk bump out or cars parked on the road at the command room will cause Beaver Creek road to be shut down anytime that the fire engine responds to the Avon Hotel. 3) Fire Command Room. The location of the fire command room will need to be added to the plans. I found the section that has the fire hydrant, standpipe and command room but it is not at an actual location. 4) Hydrant. I do see that the hydrant will be moved to the west side of the emergency access. This is great, it will keep the fire hose out of the way of the apparatus that will be using the emergency access. Matt, I believe that these are my concerns. I do want to look at the final when it arrives. Please let me know if you require anything else. Mick Exhibit 10 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: December 13, 2016 Agenda Topic: Resolution 16-39, Providing Funding to Treadstone Development LLC for the Construction of Certain Landscaping and Utility Improvements for the Avon Hotel Council Action Action on Resolution 16-39 (Exhibit 1), Providing Funding to Treadstone Development LLC for the Design and Construction of Certain Landscaping and Utility Improvements for the Avon Hotel Recommended Motion “I move to Approve Resolution 16-39, thereby providing funding for construction of certain landscaping and utility improvements for the Avon Hotel.” Summary of Funding Requests In conjunction with the Major Development Plan and Alternative Equivalent Compliance applications for the development of the Avon Hotel on Lot B, Treadstone Development LLC is requesting a funding partnership with the Town to: 1. Complete portions of landscaping on Town property, in the amount of $40,000; and 2. Study the capacity of the current heat recovery generation system, and if found to be a good energy alternative by Treadstone, to fund the engineering design and construction of the necessary heat recovery piping to the Lot B property, an amount of $50,000. Urban Renewal Fund The basis for the requested partnership derives from the purposes of the Avon Urban Renewal Authority, which approved the Urban Renewal Plan for the Town Center West Area in 2007, with revisions approved in 2015. The primary objectives stated in the Urban Renewal Plan include: 1. Improving existing structures and infrastructure 2. Stimulating development of vacant land 3. Encouraging public-private partnerships 4. Attracting new investments and reinvestments in the plan area; and 5. In addition to helping to spurring new development: a. “Landscaping streetscapes and gateways to unify uses” were envisioned as appropriate uses of the tax increments generated from new development; as well as: b. Empowering the Authority to “install, construct, and reconstruct any public improvement in the Urban Renewal Area including, without limitation, streets, sidewalks, underground utility and service facilities, streetscapes, pedestrian corridors, parking facilities, Town offices, and other public buildings and facilities.” Resolution 16-39: Avon Hotel Funding Requests Page 2 of 3 The Urban Renewal Fund (URF) is projected to have available unallocated funds of $680,000 in 2017. The URF grows significantly beginning in 2019, when the Avon Hotel, if approved and constructed by 2018, by increments of $400,000 - $500,000 per year. (Assistant Town Manager Scott Wright’s memorandum is attached (Exhibit 2), which explains new tax increment revenues, which are accruing to the Urban Renewal Fund. Landscaping Funding Request: $40,000 Fund landscaping on Town property including areas on the Main Street Pedestrian Mall, Lot 4 (new Town Hall), and Beaver Creek Boulevard. 1. Exhibit 3 provides the estimated cost of the landscaping at approximately $40,000. 2. The three landscaped areas are part of an Alternative Equivalent Compliance application for the project to meet minimum landscaping requirements off-site. 3. Portions adjacent to Beaver Creek Boulevard would be completed in 2017 with the streetscape project. 4. Areas in the Main Street Mall would be completed in 2018 at the same time when the Town installs brick pavers from Lettuce Shed Lane to Mikaela Way. Staff estimates paver construction costs, which will be borne by the Town, will be upwards of $250,000. Recommended Source of Funding: 2017 Urban Renewal Fund, subject to budget appropriation Heat Recovery Pipe Extension Funding Request: $50,000 Engineering capacity study of the heat recover system, and, if heat recovery is found to be a good alternative by Treadstone, pipe extension design, and construction to the Lot B property line 1. Phase1 – Heat Recovery Capacity Study a. The current Heat Recovery system has 2,800 MBH available for new projects. b. The Town plans to use some of that capacity for the new Town Hall, but the quantity needed has not yet been determined. c. The Avon Hotel has calculated a demand for 2,100 MBH to operate the snowmelt system; which would leave 700 MBH for the new Town Hall. It is not known if that is a sufficient quantity for the new Town Hall. d. To determine total capacity, a mechanical engineer must be retained. For budget purposes, the estimate for the capacity study and cost estimate to provide piping to the new Town Hall and to the Lot B (hotel) property line is $20,000, with the Town and Treadstone sharing the study 50/50. The study would also help determine what the “utility charge” would be for the Hotel. Recommended Source of Funding: 2016 General Fund Contingency Line Item - this will allow engineering work to begin in 2016; monies would be reimbursed from the 2017 Urban Renewal Fund, subject to budget appropriation. The Line Item will have a balance of $ 82,418.00, subject to Council’s approval of a request for ARTF garage door repairs. (See Agenda Item 8.2) Resolution 16-39: Avon Hotel Funding Requests Page 3 of 3 2. Phase 2 – Heat Recovery Pipe Design and Construction a. If there is adequate capacity to serve the new Town Hall and all or a meaningful amount for the Avon Hotel development, the balance of funds (440,000) would be used to engineer the pipe expansion, will be design by a professional engineer, if Treadstone decided that use of the heat recovery renewable is a preferred energy source for the Hotel. b. An agreement for the utility charges to serve the Avon Hotel would be finalized. Recommended Source of Funding: 2017 Urban Renewal Fund, subject to budget appropriation Attachments Exhibit 1 – Resolution 16-39 Exhibit 2 – Memorandum from Scott Wright for Urban Renewal Fund Exhibit 3 – Landscaping Estimate EXHIBIT 1 TOWN OF AVON RESOLUTION 16-39 SERIES OF 2016 A RESOLUTION PROVIDING FUNDING FOR LANDSCAPING AND HEAT RECOVERY UTILITY IMPROVEMENTS RELATED TO THE AVON HOTEL, TOWN OF AVON, COLORADO WHEREAS, the Town Council of the Town of Avon approved Findings of Fact and a Record of Decision for a Major Development Plan and Alternative Equivalent Compliance application for the Avon Hotel located on Lot B; and WHEREAS, the Avon Urban Renewal Authority has an adopted Urban Renewal Plan for the Town Center West Area, which specifies the objectives and uses of funds which accrue to the Urban Renewal Fund; and WHEREAS, Treadstone Development LLC has requested the funding of landscaping and heat recovery in a public-private partnership, which are uses of funds authorized by the Urban Renewal Plan for the Town Center West Area; and WHEREAS, the Avon Hotel project will enhance the vibrancy of the Town Center West area with increased visitors to the Town and beautification of underutilized property with landscaping and other aesthetic improvements; and WHEREAS, leveraging and expanding the Heat Recovery system to serve the Avon Hotel presents an alternative heating source that reinforces the Town Council’s stewardship goals outlined in the 2017-18 Strategic Plan; and WHEREAS, the project is located in the Town Center West Area and expected to generate significant increases to assessed valuation of the Lot B property, and in turn long term financial benefits to the Urban Renewal Fund; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council authorizes the transfer of $20,000 from the 2016 General Fund Contingency line item to the Buildings and Facilities budget for the purpose of engaging a professional engineer to study the capacity of the Heat Recovery system to verify there is excess capacity to serve the new Town Hall and the needs of the Avon Hotel project, to estimate costs of pipe system extension and to develop the methodology for utility charges; and directs that a budget amendment be prepared to reimburse the General Fund from the 2017 Urban Renewal Fund, for consideration by the Urban Renewal Authority. Section 2. The Town Council approves $40,000 from the Urban Renewal Fund, subject to the Urban Renewal Authority approving a budget amendment, for the design and construction to extend the Heat Recovery pipe system to the Lot B property line for use by the Avon Hotel development; Section 3. The Town Council approves $40,000 from the Urban Renewal Fund, subject to the Urban Renewal Authority approving a budget amendment for landscaping in Tract G, Lot 4, Mountain Vista Resort Subdivision, and Beaver Creek Boulevard Right-of-Way, as depicted in the Avon Hotel Major Development Plan application; subject to 2017 budget appropriation from the Avon Urban Renewal Authority. ADOPTED this 13th day of December, 2016. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Avon town Council From: Scott Wright, Assistant. Town Manager Date: December 5, 2016 Re: Avon URA Long-range Financial Model and Available Funds Action before the Council This is an “Information Only” written report for the purposes of providing financial information regarding the Avon Urban Renewal Authority’s long-range financial model and potential available funds based on the development of a 142 room hotel on Lot B. Proposed Motion NA Summary For full disclosure and transparency, much of this information has been gathered from a narrative summary from Amy Bernstein Greer dated May 19, 2016 from her original work on the URA long-range financial model and updated based on current information. Please refer to Exhibit I, which is attached. The Town Center West Area Urban Renewal Area and Pledged Revenues The Town Center West Area Urban Renewal Area (the “Plan Area”) encompasses approximately 225 acres of land within the Town of Avon (the “Town”). The Plan Area generally includes properties located in the commercial area known as Avon West Town Center. According to information provided by the Eagle County Assessor’s Office, as of August 11, 2016, the total certified assessed value within the boundaries of the Plan Area is $61,941,350 with $17,224,470 classified as Assessed Valuation in Excess of the Property Tax Base Amount. This includes $3,156,800 of assessed valuation from the Wyndham which was completed in 2015. The Pledged Property Tax Revenues, which will be available for payment of the annual debt service associated with the Series 2017 Loan, are projected by (i) multiplying the mill levies Exhibit 2 certified each year by the governing bodies of the various taxing jurisdictions within or overlapping the Plan Area (but excluding ad valorem property taxes produced by any mill levy imposed by Confluence Metropolitan District and Avon Station Metropolitan District) by (ii) that portion of the valuation for assessment of all taxable property within the Plan Area which is in excess of that Property Tax Base Amount. In the event of a general reassessment of taxable property in the Plan Area, the valuation for assessment of taxable property within the Plan Area is proportionately adjusted between the Property Tax Base Amount and the valuation for assessment which is in excess of the Property Tax Base Amount. According to the most current Eagle County Abstract of Assessment, the current certified mill levies (for tax collection year 2016) for all of the governing bodies of the various taxing jurisdictions within the overlapping Plan Area are presented below: Taxing Entity Mill Levy Eagle County School District RE-50J 20.331 Town of Avon – General Fund 8.956 Town of Avon – Debt Service Fund 2.809(*) Eagle County – All Funds 8.499 Colorado Mountain College 3.997 Eagle River Fire Protection District 8.205 Eagle River Water and Sanitation District 0.852 Eagle County Health Services District 2.008 Colorado River Water Conservancy District 0.243 Eagle Valley Library District 2.750 Total Overlapping Mill Levy 58.650 (*) The Town of Avon Debt Service Fund is reduced to 0 beginning in 2017. Estimated Increase in Assessed Valuation Generated from the Nexcore Medical Plaza and the Avon Hotel on Lot B The development and construction of new real estate projects within the boundaries of the Plan Area will result in increases in Assessed Valuation in Excess of the Property Tax Base Amount. While there is the potential for a substantial amount of new construction within the boundaries of the Plan Area, as of this date the only project that is under construction and/or completed is the Nexcore – Buck Creek Medical Plaza (Nexcore Medical Plaza). The Wyndham Hotel has been completed and new tax increment is accruing into the URA Fund from the project. The Avon Hotel located on Lot B is under development review and it is included in this analysis for financial modeling purposes only. The Nexcore Medical Plaza includes approximately 48,500 square feet of medical space including an urgent care facility, and medical suites. Based on building permit valuations provided by the developer of the property the estimated valuation generated at completion of the Nexcore Medical Plaza has been estimated to be $12,660,000 with an estimated assessed value of approximately $2,844,685 million (beginning in tax collection year 2018) based upon a continuation of the statewide commercial assessment rate of 29%.  Page 2 Exhibit 2 For purposes of this analysis, Lot B is expected to include four whole ownership residential condominium units with a sales price of approximately $1,925,000 per unit. In addition, Lot B is expected to include 142 hotel rooms, retail space, a gym/spa, and café for a total of 50,260 square feet. Based on the above build out assumptions, the actual valuation generated at completion of Lot B has been estimated to be approximately $27.804 million with an estimated assessed value of approximately $5.360 million based upon a continuation of the statewide residential assessment rate of 7.96% and commercial assessment rate of 29%. Exhibit I Exhibit I presents projected revenues and expenditures and ending fund balances for the Avon URA. Row 6 presents the Assessed Valuation in Excess of the Property Tax Base including The Wyndham (itemized on row 3), the Nexcore Medical Plaza (itemized on row 4), and Lot B (itemized on row 5). Row 20 presents a summary of the expected overlapping mill levies which currently total 58.650 mills, but may change as a result of tax elections, debt maturities, etc. Row 38 represents the net revenues over (under) expenditures. Row 40 represents total ending fund balances, and Row 44 represents unreserved fund balances. Uses of URA Funds Series 2017 Tax Increment Financing The cash flow projections are first expended for the Avon Urban Renewal Authority (URA) issuing $3,000,000 in Tax Increment Revenue Bonds on January 5, 2017 (the “Series 2017 Bonds”), for purposes of financing the tenant finishes and fixtures for the new Avon Town Hall. The Series 2017 Bonds will mature serially over a 15-year period with final maturity on December 1, 2031. Debt service payments of approximately $250,000, at an interest rate of 2.9%, are projected from year 2017 through 2031. Unreserved Fund Balance After issuance of the bond, and beginning in 2018, upon realizing the full value of the Nexcore Medical Plaza, the URA begins to show a relatively significant surplus. Unused, this surplus grows to approximately $2.5 million in 2021 assuming development of the Avon Hotel on Lot B project. The existing Town Center West Area Urban Renewal Plan is very broad and authorizes a wide range of investment and activities within the Plan Area, including investment in public infrastructure and facilities, as well as non-public improvements that may be required to accommodate development. Unreserved funds may be budgeted and spent annually on an ad-hoc basis or can also be used to leverage additional tax increment revenue bonds, as has been done in the past. However, due to the limited life of 25 years for a Plan Area, tax increment financing will become increasingly more difficult as the Plan Area nears the end of that life in 2032.  Page 3 Exhibit 2 The projections in Exhibit I indicate that the URA, with unrestricted reserves of $950,00 will be able to fund the Main Street Mall Improvements of $250,000 and, if Council so chooses, all funding requests of Treadstone Development LLC, on a cash basis.. Other foreseen uses of the revenues include public projects identified from the Tract G plan, which reside in the District. Council may wish to consider the bonding capacity from the Unreserved Fund Balance versus cash outlays prior to any final decision. Exhibit Exhibit I, Avon URA Projected Revenues and Expenditures  Page 4 Exhibit 2 EX H I B I T I AV O N U R B A N R E N E W A L A U T H O R I T Y PR O J E C T E D R E V E N U E S A N D E X P E N D I T U R E S FO R T H E Y E A R S E N D I N G D E C E M B E R 3 1 , 2 0 1 7 T H R O U G H 2 0 2 1 Or i g i n a l R e v i s e d P r o p o s e d Ac t u a l A c t u a l A c t u a l B u d g e t B u d g e t B u d g e t 20 1 3 20 1 4 20 1 5 20 1 6 20 1 6 20 1 7 20 1 8 2019 2020 2021 1 AS S E S S E D V A L U A T I O N B Y U R B A N R E N E W A L P R O J E C T A R E A 2 A v o n T o w n C e n t e r W e s t U r b a n R e n e w a l T I F D i s t r i c t 1 2 , 5 1 1 , 1 6 0 $ 1 2 , 1 0 5 , 3 8 0 $ 1 1 , 5 0 1 , 9 0 0 $ 1 3 , 3 1 9 , 5 8 0 $ 1 3 , 3 1 9 , 5 8 0 $ 1 2 , 9 2 1 , 0 6 8 $ 1 2 , 9 2 1 , 0 6 8 $ 1 3 , 2 4 0 , 9 6 0 $ 13,240,960 $ 13,240,960 $ 3 W y n d h a m R e s o r t - - - 3 , 1 5 6 , 8 0 0 3 , 1 5 6 , 8 0 0 3 , 1 5 6 , 8 0 0 3 , 1 5 6 , 8 0 0 3 , 1 5 6 , 8 0 0 3,156,800 3,156,800 4 N e x c o r e M e d i c a l C e n t e r - - - - - 1 , 1 4 6 , 6 0 2 3 , 9 9 1 , 2 8 7 3 , 9 9 1 , 2 8 7 3,991,287 3,991,287 5 L o t B - - - - - - - 2 , 1 3 8 , 6 8 0 5,360,220 5,360,220 6 TO T A L A S S E S S E D V A L U A T I O N A B O V E B A S E 12 , 5 1 1 , 1 6 0 1 2 , 1 0 5 , 3 8 0 1 1 , 5 0 1 , 9 0 0 1 6 , 4 7 6 , 3 8 0 1 6 , 4 7 6 , 3 8 0 1 7 , 2 2 4 , 4 7 0 2 0 , 0 6 9 , 1 5 5 2 2 , 5 2 7 , 7 2 7 25,749,267 25,749,267 Ra t e s 7 MIL L L E V I E S & P R O P E R T Y T A X I N C R E M E N T R E V E N U E S 20 1 6 8 R E - 5 0 J 2 0 . 3 3 1 2 6 7 , 2 6 3 2 5 8 , 5 9 5 2 4 7 , 4 8 6 3 5 4 , 5 2 2 3 3 4 , 9 8 1 3 5 0 , 1 9 1 4 0 8 , 0 2 6 4 5 8 , 0 1 1 523,508 523,508 9 T o w n o f A v o n - G e n e r a l F u n d 8 . 9 5 6 1 1 2 , 0 5 0 1 0 8 , 4 1 5 1 0 3 , 0 1 1 1 4 7 , 5 6 2 1 4 7 , 5 6 2 1 5 4 , 2 6 2 1 7 9 , 7 3 9 2 0 1 , 7 5 8 230,610 230,610 10 T o w n o f A v o n - D e b t S e r v i c e F u n d 2 . 8 0 9 3 7 , 8 7 1 3 6 , 6 4 2 3 7 , 3 9 3 5 3 , 5 6 5 4 6 , 2 8 2 - - - - - 11 E a g l e C o u n t y 8 . 4 9 9 1 0 6 , 3 3 2 1 0 2 , 8 8 3 97 , 7 5 5 14 0 , 0 3 3 14 0 , 0 3 3 14 6 , 3 9 1 17 0 , 5 6 8 191,463 218,843 218,843 12 C o l o r a d o M o u n t a i n C o l l e g e 3. 9 9 7 50 , 0 0 7 48 , 3 8 5 45 , 9 7 3 65 , 8 5 6 65 , 8 5 6 68 , 8 4 6 80 , 2 1 6 90,043 102,920 102,920 13 E a g l e R i v e r F i r e P r o t e c t i o n D i s t r i c t 8. 2 0 5 94 , 4 9 7 91 , 4 3 1 10 8 , 0 2 6 15 4 , 7 4 6 13 5 , 1 8 9 14 1 , 3 2 7 16 4 , 6 6 7 184,840 211,273 211,273 14 E a g l e R i v e r W a t e r a n d S a n i t a t i o n D i s t r i c t 0. 8 5 2 11 , 6 4 8 11 , 2 7 0 10 , 9 7 3 15 , 7 1 8 14 , 0 3 8 14 , 6 7 5 17 , 0 9 9 19,194 21,938 21,938 15 E a g l e C o u n t y H e a l t h S e r v i c e s D i s t r i c t 2. 0 0 8 25 , 3 1 0 24 , 4 8 9 23 , 2 2 2 33 , 2 6 6 33 , 0 8 5 34 , 5 8 7 40 , 2 9 9 45,236 51,705 51,705 16 C o l o r a d o R i v e r W a t e r C o n s e r v a n c y D i s t r i c t 0. 2 4 3 3, 0 2 8 2, 9 2 9 2,9 1 0 4,1 6 9 4,0 0 4 4, 1 8 6 4, 8 7 7 5,474 6,257 6,257 17 E a g l e C o u n t y L i b r a r y D i s t r i c t 2. 7 5 0 34 , 4 0 6 33 , 2 8 9 31 , 6 3 0 45 , 3 1 0 45 , 3 1 0 47 , 3 6 7 55 , 1 9 0 61,951 70,810 70,810 18 A v o n S t a t i o n ( N e t o f R e b a t e s ) 35 , 4 2 5 63 , 6 1 2 45 , 9 5 5 39 , 2 0 8 39 , 2 0 8 39 , 0 0 0 39 , 0 0 0 39,000 39,000 39,000 19 A b a t e m e n t s a n d O t h e r - 3, 0 4 6 2,1 3 7 - 1,2 9 8 - - - - - 20 TO T A L U R A O V E R L A P P I N G M I L L L E V I E S & T A X E S 58 . 6 5 0 7 7 7 , 8 3 7 78 4 , 9 8 6 75 6 , 4 7 1 1,0 5 3 , 9 5 5 1,0 0 6 , 8 4 6 1,0 0 0 , 8 3 2 1, 1 5 9 , 6 8 2 1,296,971 1,476,865 1,476,865 21 B O N D P R O C E E D S 6, 8 2 5 , 0 0 0 - - - - 3 , 0 0 0 , 0 0 0 - - - - 22 I N T E R E S T E A R N I N G S 2, 5 6 0 5, 3 1 2 3,6 1 7 4,7 1 2 3,7 6 9 4, 7 1 2 7, 8 5 3 9,424 9,424 9,424 23 T O T A L R E V E N U E S 7, 6 0 5 , 3 9 7 79 0 , 2 9 8 76 0 , 0 8 8 1,0 5 8 , 6 6 7 1,0 1 0 , 6 1 5 4,0 0 5 , 5 4 3 1, 1 6 7 , 5 3 5 1,306,394 1,486,288 1,486,288 EX P E N D I T U R E S 24 AN N U A L D E B T S E R V I C E - 2 0 1 3 T I F 25 P r i n c i p a l P a y m e n t o n D e c e m b e r 1 6, 2 9 5 , 0 0 0 30 5 , 0 0 0 32 0 , 0 0 0 41 0 , 0 0 0 41 0 , 0 0 0 39 5 , 0 0 0 41 0 , 0 0 0 425,000 440,000 455,000 26 I n t e r e s t O n J u n e 1 a n d D e c e m b e r 3 1 18 4 , 1 1 1 23 9 , 5 7 3 22 9 , 5 0 4 21 8 , 2 4 0 21 8 , 2 4 0 20 3 , 8 0 8 18 9 , 9 0 4 175,472 160,512 145,024 AN N U A L D E B T S E R V I C E - 2 0 1 6 T I F 27 P r i n c i p a l - - - - - 15 0 , 0 0 0 16 5 , 0 0 0 170,000 180,000 185,000 28 I n t e r e s t O n J u n e 1 a n d D e c e m b e r 3 1 - - - - - 78 , 7 6 1 82 , 1 7 9 77,327 72,530 66,092 29 B o n d I s s u a n c e C o s t s 13 3 , 3 3 0 - - - - 90 , 0 0 0 - - - - 30 F i s c a l A g e n t F e e 1, 6 0 0 - 30 0 1,0 0 0 50 0 50 0 50 0 500 500 500 31 T r e a s u r e r s F e e s 23 , 8 5 9 29 , 7 5 7 28 , 4 9 9 31 , 6 2 0 39 , 2 0 0 39 , 0 0 0 43 , 0 8 0 51,630 57,330 57,330 32 T O T A L D E B T S E R V I C E 6, 6 3 7 , 9 0 0 57 4 , 3 3 0 57 8 , 3 0 3 66 0 , 8 6 0 66 7 , 9 4 0 95 7 , 0 6 9 89 0 , 6 6 3 899,929 910,872 908,946 33 G E N E R A L A N D A D M I N I S T R A T I V E C O S T S - - - 95 0 5,4 5 0 3, 4 5 0 3, 4 5 0 1,000 1,000 1,000 34 C A P I T A L I M P R O V E M E N T S 33 , 9 8 6 - - - 32 , 6 0 3 - - - - - 35 T R A N S F E R O U T T O T O W N C E N T E R W E S T M A I N T E N A N C E F U N D 27 5 , 0 0 0 20 0 , 0 0 0 10 0 , 0 0 0 50 , 0 0 0 50 , 0 0 0 - - - - - 36 T R A N S F E R O U T T O C A P I T A L P R O J E C T S F U N D - 70 0 , 0 0 0 - 50 0 , 0 0 0 - 2 , 9 0 0 , 0 0 0 - - - - 37 T O T A L E X P E N D I T U R E S 6, 9 4 6 , 8 8 6 1, 4 7 4 , 3 3 0 67 8 , 3 0 3 1,2 1 1 , 8 1 0 75 5 , 9 9 3 3,8 6 0 , 5 1 9 89 4 , 1 1 3 900,929 911,872 909,946 38 EX C E S S R E V E N U E S O V E R E X P E N D I T U R E S 65 8 , 5 1 1 (6 8 4 , 0 3 2 ) 81 , 7 8 5 (1 5 3 , 1 4 3 ) 25 4 , 6 2 2 14 5 , 0 2 4 27 3 , 4 2 2 405,465 574,416 576,342 39 BE G I N N I N G F U N D B A L A N C E 85 2 , 5 1 9 1, 5 1 1 , 0 3 0 82 6 , 1 7 8 85 7 , 9 4 1 90 7 , 9 6 3 1,1 6 2 , 5 8 5 1, 3 0 7 , 6 1 0 1,581,031 1,986,497 2,560,913 40 EN D I N G F U N D B A L A N C E 1, 5 1 1 , 0 3 0 $ 82 6 , 9 9 8 $ 90 7 , 9 6 3 $ 70 4 , 7 9 8 $ 1,1 6 2 , 5 8 5 $ 1,3 0 7 , 6 1 0 $ 1, 5 8 1 , 0 3 1 $ 1,986,497 $ 2,560,913 $ 3,137,255 $ Co m m i t e d F u n d s : 41 - B o n d R e s e r v e 2 0 1 3 T I F 62 8 , 2 4 0 62 8 , 2 4 0 62 8 , 2 4 0 62 8 , 2 4 0 62 8 , 2 4 0 62 8 , 2 4 0 62 8 , 2 4 0 628,240 628,241 628,241 42 - B o n d R e s e r v e 2 0 1 6 T I F - - - - - - - - - - 43 - C a p i t a l I m p r o v e m e n t s 59 8 , 0 0 0 - - - - - - - - - 44 Un r e s e r v e d 28 4 , 7 9 0 19 8 , 7 5 8 27 9 , 7 2 3 76 , 5 5 8 53 4 , 3 4 5 67 9 , 3 7 0 95 2 , 7 9 1 1,358,257 1,932,672 2,509,014 45 1, 5 1 1 , 0 3 0 $ 82 6 , 9 9 8 $ 90 7 , 9 6 3 $ 70 4 , 7 9 8 $ 1,1 6 2 , 5 8 5 $ 1,3 0 7 , 6 1 0 $ 1, 5 8 1 , 0 3 1 $ 1,986,497 $ 2,560,913 $ 3,137,255 $ ProjectedExhibit 2 Exhibit 3 AVON URBAN RENEWAL AUTHORITY COMMISSIONERS REPORT To: Chairperson Jennie Fancher and URA Commissioners From: Scott Wright, Treasurer Date: December 13, 2016 Re: Resolution No. 16-04 – issuance of Tax Increment Bonds, Series 2017 Action Before the Commission Avon URA Resolution No. 16-04, authorizes the issuance of Tax Increment Revenue Bonds, Series 2017 (“Bonds”) in the amount of $3,000,000 at a fixed interest rate of 2.9% for a term of fifteen year (15) years, for the purposes of: (1) providing project funds for the construction of improvements and renovations to the new Town Hall, and (2) the costs of issuance of the bonds. Proposed Motion “Move to approve Resolution No. 16-04, a resolution of the Board of Commissioners of the Avon Urban Renewal Authority authorizing the issuance of the Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2017”. Summary The key sections of the resolution are summarized as follows: • Section 1 – defines the various terms used in the bond financing; • Section 3 – ratifies all actions previously taken by the Board regarding the Bonds; • Section 4 – authorizes the project within the parameters of the resolution; • Section 5 – delegates the authorization of the Bonds and the execution and delivery of the Sale Certificate to the URA Chairman and/or the Executive Director. • Section 6 – sets forth the details of the Bonds; • Section 8 – establishes a lien on the pledged revenues; • Section 15 – establishes accounts for the use of the pledged revenues; • Section 16 – establishes how the accounts are to be administered and invested • Section 17 – sets parameters as to the issuance of additional bonds • Section 25 – approves the form of the Cooperation Agreement, the Paying Agent and Registrar Agreement, and the Project Fund Agreement and authorizes the execution by the Chairman and other officers of the Authority.  Page 2 Closing on the Bonds is scheduled for January 5, 2017 with a pre-closing to be held on January 4, 2017, at the offices of Butler and Snow. Dee Wisor from Butler and Snow will be in attendance at the Authority Board meeting to answer any questions that may arise during the presentation of the resolution. Exhibits and Attachments: Attachment A – Resolution No. 16-04, pages 1-44 and Exhibit A Attachment B – Amortization Schedule Attachment C – 2017 Cooperation Agreement, pages 1-7 Attachment D – Paying Agent and Registrar Agreement, pages 1-4 Attachment E – Project Fund Agreement, pages 1-8, and Exhibit A AVON URBAN RENEWAL AUTHORITY RESOLUTION 16-04, SERIES OF 2016 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY AUTHORIZING THE ISSUANCE OF THE AVON URBAN RENEWAL AUTHORITY, TAX INCREMENT REVENUE BONDS, SERIES 2017. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY, COLORADO, THAT: Section 1. Definitions. Terms used in this Resolution shall have the meanings specified in this Section for all purposes of this Resolution and of any Resolution amendatory hereof, supplemental hereto or relating hereto, and of any instrument or document appertaining hereto, except where the context by clear implication otherwise requires. All definitions include the singular and plural and include all genders. Certain terms are parenthetically defined elsewhere herein. Act: Title 31, Article 25, Part 1, C.R.S., as amended. Additional Bonds: one or more series of bonds or other securities or obligations authorized to be issued by the Authority pursuant to Sections 17 and 18 hereof and having a lien on all or a portion of the Pledged Revenues on a parity with the lien of the Bonds. Authority: the Avon Urban Renewal Authority, a body corporate and politic duly organized and existing as an urban renewal authority under the laws of the State of Colorado. Board: the Commissioners of the Authority. Bond Account: the account by that name created by Section 15 hereof. Bonds: the Authority’s Tax Increment Revenue Bonds, Series 2017, authorized to be issued pursuant to this Resolution. Business Day: a day on which banks located in the cities in which the principal offices of each of the Paying Agent and the Registrar are not required or authorized to be closed and on which the New York Stock Exchange is not closed. Chairperson: the Chairperson of the Board. ATTACHMENT A 2 Commercial Bank: any depository for public funds permitted by the laws of the State for political subdivisions of the State which has a capital and surplus of $10,000,000 or more, and which is located within the United States of America. Costs of Issuance Account: the Costs of Issuance Account created in the Paying Agent Agreement and held by the Paying Agent. County: Eagle County, Colorado. C.R.S.: Colorado Revised Statutes, as amended. Escrow Agent: Alpine Bank, its successors and assigns, as escrow agent under the Project Fund Agreement. Executive Director: the Executive Director of the Authority. Federal Securities: only direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or ownership interests in any of the foregoing) and which are not callable prior to their scheduled maturities by the issuer thereof (or an ownership interest in any of the foregoing). Fiscal Year: the twelve months commencing on the first day of January of any calendar year and ending on the thirty-first day of December of such calendar year or such other twelve-month period as may from time to time be designated by law as the Fiscal Year of the Authority. Maximum Annual Debt Service Requirement: the maximum amount of all required payments of principal and interest on the Outstanding Bonds, Outstanding Parity Bonds, and any proposed Additional Bonds which will become due in any Fiscal Year. Moral Obligation Resolution: the resolution adopted by the Town Council expressing its present intent, in each year the Bonds are outstanding, to lend additional moneys to the Authority by making payments into the Bond Account to the extent there are insufficient Pledged Revenues to make such deposits when due. Outstanding: as of any date of calculation, all Bonds, Parity Bonds or Additional Bonds theretofore executed, issued and delivered by the Authority except: (a) Bonds, Parity Bonds or Additional Bonds theretofore cancelled by the Authority, the Registrar or the Paying Agent, or surrendered to the Authority, the Registrar or the Paying Agent for cancellation; ATTACHMENT A 3 (b) Bonds, Parity Bonds or Additional Bonds in lieu of or in substitution for which other Bonds, Parity Bonds or Additional Bonds shall have been executed, issued and delivered by the Authority and authenticated by the Registrar unless proof satisfactory to the Registrar is presented that any such Bonds, Parity Bonds or Additional Bonds are duly held by the lawful Registered Owners thereof; or (c) Bonds, Parity Bonds or Additional Bonds deemed to have been paid as provided in Section 20 hereof or any similar provision of a Resolution authorizing the issuance of the Parity Bonds or Additional Bonds. For purposes of this definition, the terms Registrar and Paying Agent shall include a registrar or paying agent for any Parity Bonds or Additional Bonds. Owner or Registered Owner: the Registered Owner of any Bond as shown on the registration books kept by the Registrar, and, where the context so requires, the Registered Owner of any Parity Bond or Additional Bond as shown on the registration books kept by the registrar for such bonds. Parity Bonds: collectively, the 2013 Bonds and Additional Bonds hereafter issued. Paying Agent: UMB Bank, n.a., or its successors and assigns. Paying Agent Agreement: the Registrar and Paying Agent Agreement between the Authority and the Registrar with respect to the Bonds. Permitted Investment: any investment or deposit permitted by the laws of the State. Person: any individual, firm, partnership, corporation, company, association, joint-stock association or body politic; and the term includes any trustee, receiver, assignee or other similar representative thereof. Pledged Property Tax Revenues: for each Fiscal Year, that portion of the ad valorem property taxes produced by the levies at the rates fixed each year by or for the governing bodies of the various taxing jurisdictions within or overlapping the Urban Renewal Project Area upon that portion of the valuation for assessment of all taxable property within the Urban Renewal Project Area which is in excess of the Property Tax Base Amount, provided, however, that such amount shall be reduced by any lawful collection fee charged by the County and further provided, that the following shall be specifically excluded from the foregoing: ATTACHMENT A 4 (a) tax increment revenues required to be remitted by the Authority to the Confluence Metropolitan District pursuant to the Avon Station/Confluence IGA; and (b) if authorized and approved by the Authority, ad valorem property taxes produced by a mill levy of any special district formed after May 28, 2009 pursuant to Title 32, Article 1, Colorado Revised Statutes, which mill levy is in addition to, and not a replacement for, property taxes levied by taxing entities in existence as of May 28, 2009. Pledged Revenues: (a) Pledged Property Tax Revenues; (b) all amounts held in the Revenue Fund and the Bond Fund, together with investment earnings thereon; (c) all amounts held in the Project Fund, together with investment earnings thereon pursuant to the Project Fund Agreement; and (d) all other legally available moneys which the Town or the Authority determines, in its sole discretion, to deposit in the Revenue Fund or the Bond Account. Principal Operations Office: the principal operations office of the Registrar and Paying Agent. Project: the project constructed, acquired and installed with the net proceeds of the Bonds, consisting generally of the improvements and renovations to the new Town Hall located at Mountain Vista Resort Subdivision, Lot 4-140 Mikaela Way in the Town. Project Costs: all costs and expenses to be incurred in connection with the Project, and the reimbursement to the Authority for all costs and expenses heretofore incurred by the Authority prior to the completion date of such Project (except as otherwise provided below), including, without limitation: (a) the purchase price, and other costs incurred in connection with the purchase, of property or obtaining, or confirming, the title thereto; (b) obligations incurred or assumed for labor, materials and equipment; (c) the cost of performance and payment bonds and of insurance of all kinds (including, without limitation, title and liability insurance) that may be necessary or appropriate; ATTACHMENT A 5 (d) the costs of engineering, architectural and other professional and technical services, including obligations incurred or assumed for preliminary design and development work, test borings, surveys, estimates, plans and specifications; (e) administrative costs related to the Project incurred prior to the date of its completion, including supervision of the construction, acquisition, renovation and installation as well as the performance of all of the other duties required by or consequent from the Project, including, without limitation, costs of preparing and securing all project documents, architectural, engineering and other professional and technical fees, legal fees and expenses, appraisal fees, independent inspection fees, auditing fees and advertising expenses in connection with the Project; (f) all costs which are considered to be a part of the costs of the Project in accordance with generally accepted accounting principles; (g) interest on the Bonds issued to finance the Project through its date of completion, to the extent the other moneys in the Bond Account are not sufficient to pay such interest; and (h) the actual costs incurred by the Authority in acquiring any property or making any improvements for which moneys are transferred to the Authority. Project Fund: the Project Fund created pursuant to the Project Fund Agreement. Project Fund Agreement: the Project Fund Agreement dated the date of issuance of the Bonds, between the Authority and the Escrow Agent. Property Tax Base Amount: the amount certified by the County Assessor as the valuation for assessment of all taxable property within the Urban Renewal Project Area last certified by the County Assessor prior to the adoption of the Urban Renewal Plan; provided, however, that in the event of a general reassessment of taxable property in the Urban Renewal Project Area, the valuation for assessment of taxable property within the Urban Renewal Project Area shall be proportionately adjusted in accordance with such general reassessment in the manner required by the Act. Purchaser: Alpine Bank, its successors and assigns. Rebate Account: the account by that name created by Section 15 hereof. Registrar: UMB Bank, n.a., or its successors and assigns. ATTACHMENT A 6 Regular Record Date: the fifteenth (15th) day of the calendar month next preceding each interest payment date for the Bonds (other than a special interest payment date hereafter fixed for the payment of defaulted interest). Resolution: this Resolution of the Authority, which provides for the issuance and delivery of the Bonds. Revenue Fund: the special fund by that name created by the 2013 Bond Resolution and described in Section 15 hereof. Sale Certificate: the certificate executed by the Chairperson or Executive Director dated on or before the date of delivery of the Bonds, setting forth those determinations that may be delegated to such officials pursuant to Section 11-57-205(1) of the Supplemental Act, subject to the parameters and restrictions contained in Section 6 hereof. Special Record Date: a special date fixed to determine the names and addresses of registered owners for purposes of paying interest on a special interest payment date for the payment of defaulted interest, all as further provided in Section 6 hereof. State: the State of Colorado. Supplemental Act: the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. Tax Code: the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and any regulations promulgated thereunder. Term Bonds: Bonds that are payable on or before their specified maturity dates from sinking fund payments established for that purpose and calculated to retire such Bonds on or before their specified maturity dates. Town: the Town of Avon, Colorado. Town Council: the Town Council of the Town. Town Manager: the Town Manager of the Town. Town Payment: any payment made by the Town and deposited into the Bond Account pursuant to the Moral Obligation Resolution. Trust Bank: a Commercial Bank which is authorized to exercise and is exercising trust powers. Urban Renewal Plan: the Urban Renewal Plan known as the “Town Center West Area Urban Renewal Plan” duly adopted by the Town Council of the Town pursuant to ATTACHMENT A 7 Resolution No. 07-27, Series of 2007, on August 14, 2007, and as amended pursuant to Resolution No. 15-21, Series of 2015, on November 10, 2015, for the purpose of approving the Town Center West Area Urban Renewal Project. Urban Renewal Project Area: the area legally described in Section 1.2.1 of the Urban Renewal Plan. 2013 Bond Resolution: Resolution No. 13-03, Series of 2013, of the Authority, which authorized the issuance and delivery of the 2013 Bonds. 2013 Bonds: the Authority’s Tax Increment Revenue Bonds, Series 2013, issued in the aggregate original principal amount of $6,825,000, as authorized by the 2013 Bond Resolution. 2017 Cooperation Agreement: the 2017 Cooperation Agreement between the Town and the Authority. Section 2. Recitals. A. The Authority is an urban renewal authority and body corporate and politic duly organized and existing under the Act. B. The Authority was organized by the Town pursuant to the Act as an urban renewal authority for the purposes of the Act, including the improvement of the Urban Renewal Project Area. C. The Urban Renewal Plan has been approved by the Town Council and includes the provision for the division of property taxes authorized by Section 31-25-107(9) C.R.S. D. In order to finance the Project Costs and pay the costs of issuance of the Bonds, the Authority desires to issue the Bonds. E. The Pledged Revenues may be pledged lawfully and irrevocably for the payment of the Bonds. F. Pursuant to the 2013 Bond Resolution, the Authority previously issued the 2013 Bonds and the 2013 Bonds are payable from and have a lien on the Pledged Property Tax Revenues. G. The 2013 Bond Resolution provides that, subject to certain conditions set forth in the 2013 Bond Resolution, the Authority may issue Additional Bonds payable from and ATTACHMENT A 8 constituting a lien upon the Pledged Revenues (as defined in the 2013 Bond Resolution) on a parity with the lien of the 2013 Bonds. H. The Authority has determined that the conditions precedent to the issuance of Additional Bonds as set forth in the 2013 Bond Resolution have been met. I. The Authority has determined that the Bonds will be issued with a lien on the Pledged Property Tax Revenues that is on a parity with the lien thereon of the outstanding 2013 Bonds. J. The Authority has received an offer from the Purchaser for the purchase of the Bonds for the purpose of defraying in whole or in part the Project Costs and the costs of issuing the Bonds. K. The Board desires to cause the Bonds to be issued, to authorize and direct the application of the proceeds thereof as set forth herein and in the Project Fund Agreement, and to provide security for the payment thereof, all in the manner hereinafter set forth and in the Project Fund Agreement. L. The Bonds shall be issued pursuant to the provisions of the Constitution and laws of the State, including the Act and the Supplemental Act, this Resolution, and all other laws thereunto enabling. M. There are on file in the Authority offices the proposed forms of the following documents: (i) 2017 Cooperation Agreement; (ii)) the Paying Agent Agreement; (iii) the Project Fund Agreement; and (iv) the Moral Obligation Resolution. Section 3. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Resolution) by the Board and other officers of the Authority in the pledging of the Pledged Revenues (to the extent described herein), the construction, acquisition and installation of the Project, and the selling and issuing of the Bonds for those purposes are hereby ratified, approved and confirmed. Section 4. Authorization of Project. The Board hereby finds and determines, pursuant to the Constitution, the laws of the State of Colorado and the Act, that the financing of the Project in accordance with the parameters set forth in this Resolution and pursuant to the terms and provisions set forth in the Sale Certificate and the Project Fund Agreement, is necessary, convenient and in furtherance of the Authority’s purposes and the Board hereby authorizes and approves the same. ATTACHMENT A 9 Section 5. Authorization of Bonds; Delegation. In accordance with the Constitution and laws of the State, including the Act and the Supplemental Act, and the provisions of this Resolution, and for the purpose of defraying the Project Costs and the costs of issuing the Bonds, there hereby are authorized to be issued the “Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2017”. The Bonds shall be issued in the aggregate principal amount approved by the Chairperson or Executive Director and set forth in the Sale Certificate, subject to the parameters and restrictions contained in this Resolution, and shall be payable and collectible, both as to principal and interest, from the Pledged Revenues. Section 11-57-204 of the Supplemental Act provides that a public entity, including the Authority, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The Board hereby elects to apply all of the Supplemental Act to the Bonds. Either the Chairperson or the Executive Director are hereby independently authorized and directed to execute and deliver the Sale Certificate and to make and approve the final determinations contained therein, subject to the parameters and restrictions of this Resolution. Section 6. Bond Details. The Bonds shall be sold at the price indicated in the Sale Certificate, shall be issued in fully registered form (i.e., registered as to payment of both principal and interest), and shall be initially registered in the name of the Purchaser thereof. The Bonds shall be issued in denominations of $5,000 or any integral multiple thereof (provided that no Bond may be in a denomination which exceeds the principal coming due on any maturity date and no individual Bond may be issued for more than one maturity and interest rate); provided, however, that Term Bonds may be issued subject to annual sinking fund payments. The Bonds shall be dated as of their date of delivery. The Bonds shall be numbered in the manner determined by the Registrar. Interest on the Bonds shall be calculated on the basis of a 360-day year and actual number of days elapsed in the applicable period, payable June 1 and December 1, commencing on the date specified in the Sale Certificate. The Bonds shall mature, bear interest from their date to maturity, and be sold, as provided in the Sale Certificate: provided that: (i) the aggregate principal amount of the Bonds ATTACHMENT A 10 shall not exceed $3,000,000; (ii) the interest rate on the Bonds shall not exceed 2.90% per annum; and (iii) the Bonds shall mature no later than December 1, 2031. The principal of and premium, if any, on any Bond, shall be payable to the Registered Owner thereof as shown on the registration books kept by the Registrar upon maturity or prior redemption of the Bonds, upon presentation and surrender at the Principal Operations Office. If any Bond shall not be paid upon such presentation and surrender at maturity, it shall continue to draw interest at the rate borne by said Bond until the principal thereof is paid in full. Notwithstanding anything in this Resolution to the contrary, in the event that the Bonds are issued as a single Term Bond and the Purchaser is the sole Registered Owner of the Bond, the Purchaser shall not be required to present and surrender the Bond to the Paying Agent to receive payment in connection with a mandatory sinking fund redemption. Except in the case of a transfer of the Bond, the Purchaser shall be required to present and surrender the Bond to the Paying Agent only on the final maturity date of the Bond. On each mandatory sinking fund redemption date, the Bond shall be partially redeemed by payment to the Purchaser of the amount set forth in the mandatory sinking fund schedule in the Bond and the Sale Certificate, and such redemption shall be noted by the Purchaser on the prepayment panel attached to the Bond. By acceptance of the Bond as a single Term Bond, the Purchaser shall be deemed to have agreed to make a notation on the Bond on the prepayment panel attached thereto upon the receipt of all mandatory sinking fund payments. Payment of interest on any Bond shall be made to the Registered Owner thereof by check, draft or wire, sent by the Paying Agent, on or before each interest payment date (or, if such interest payment date is not a Business Day, on or before the next succeeding Business Day), to the Registered Owner thereof at his or her address as it last appears on the registration books kept by the Registrar on the Record Date; but, any such interest not so timely paid or duly provided for shall cease to be payable to the Person who is the Registered Owner thereof on the Record Date and shall be payable to the Person who is the Registered Owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date and the date fixed for payment of such defaulted interest shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the Registered Owners not less than ten days prior to the Special Record Date by first-class mail to each such Registered Owner as shown on ATTACHMENT A 11 the Registrar’s registration books on a date selected by the Registrar, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any Bond by such alternative means as may be mutually agreed to between the Registered Owner of such Bond and the Paying Agent (provided, however, that the Authority shall not be required to make funds available to the Paying Agent prior to the dates specified in the Paying Agent Agreement). All such payments shall be made in lawful money of the United States of America, without deduction for services of the Registrar or Paying Agent. Section 7. Prior Redemption. A. The Bonds will be subject to redemption prior to maturity at the option of the Authority as set forth in the Sale Certificate. B. The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the times and in the amounts set forth in the Sale Certificate, at a redemption price equal to 100% of the principal amount so redeemed plus accrued interest thereon to the date fixed for redemption. On or before the thirtieth day prior to each sinking fund payment date, the Registrar will proceed to call the Term Bonds (or any Term Bond or Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the next December 15, and give notice of such call without further instruction or notice from the Authority. At its option, to be exercised on or before the sixtieth day next preceding each sinking fund redemption date, the Authority may (a) deliver to the Registrar for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds subject to mandatory sinking fund redemption on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and canceled by the Registrar and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the Authority on such sinking fund redemption date and the principal amount of Term Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The Authority will on or before the sixtieth day next preceding each sinking fund redemption date furnish the Registrar ATTACHMENT A 12 with its certificate indicating whether or not and to what extent the provisions of (a) and (b) above are to be availed with respect to such sinking fund payment. C. In the case of Bonds in a denomination larger than $5,000, a portion of such Bonds ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the Owner of such Bonds, authenticate and issue a replacement Bond or Bonds for the unredeemed portion thereof. D. Notice of any redemption shall be given by the Paying Agent in the name of the Authority by sending a copy of such notice by first-class mail, postage prepaid, not more than 60 days and not less than 30 days prior to the redemption date to the Registered Owner of any Bond all or a portion of which is called for redemption at his or her address as it last appears on the registration books kept by the Registrar. Failure to give such notice by mailing to the Registered Owner of any Bond, or any defect therein, shall not affect the validity of the proceedings for the redemption of any other Bonds. All official notices of redemption shall be dated and shall state: (i) the redemption date; (ii) the redemption price; (iii) if less than all Outstanding Bonds are to be redeemed, the identification of the Bonds (and, in the case of partial redemption, the respective principal amounts and interest rate) to be redeemed; (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (v) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the Principal Operations Office of the Paying Agent or such other office as shall be designated by the Paying Agent. On or prior to any redemption date, the Authority shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all of the Bonds or portions of Bonds which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Authority shall ATTACHMENT A 13 default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Paying Agent at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for partial redemption of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity and interest rate in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. Notwithstanding the provisions of this Section, any notice of optional redemption may contain a statement that the redemption is conditioned upon the receipt by the Paying Agent of funds on or before the date fixed for redemption sufficient to pay the redemption price of the Bonds so called for redemption, and that if such funds are not available, such redemption shall be canceled by written notice to the Owners of the Bonds called for redemption in the same manner as the original redemption notice was mailed. Section 8. Lien on Pledged Revenues; Special Obligations. The Pledged Revenues are hereby irrevocably pledged to the punctual payment of the debt service requirements of the Bonds. The Bonds shall be payable from and shall constitute an irrevocable first lien (but not necessarily an exclusive first lien), on the Pledged Revenues. Except as hereinafter provided, the Bonds, the Parity Bonds and any Additional Bonds are equitably and ratably secured by a pledge of and lien on the Pledged Revenues and shall not be entitled to any priority one over the other in the application of the Pledged Revenues regardless of the time or times of the issuance of the Bonds, any Parity Bonds and any such Additional Bonds, it being the intention of the Board that there shall be no priority among the Bonds, any Parity Bonds, and any Additional Bonds. Notwithstanding the foregoing, however, that portion of the Pledged Revenues that consists of moneys in the Project Fund and the Bond Account shall secure only the Bonds and shall not secure any Parity Bonds or Additional Parity Bonds. The Registered Owner or Owners of the Bonds may not look to any general or other fund of the Authority or the Authority for the payment of the principal of and interest on the Bonds, except the designated special funds and accounts pledged therefor. The Bonds shall not constitute an indebtedness nor a debt within the meaning of any constitutional, charter or statutory provision or limitation; nor shall they be considered or held to be general obligations of ATTACHMENT A 14 the Authority. The Bonds shall not constitute an indebtedness of the State of Colorado or of any county, municipality, or public body of said state other than the Authority and shall not be subject to the provisions of any other law or of the charter of any municipality relating to the authorization, issuance, or sale of bonds. Additional Bonds may have a lien on the Pledged Property Tax Revenues on a parity with the lien thereon of the Bonds even if no reserve fund is established for such Additional Bonds or a reserve fund is established but with a different requirement as to the amount of moneys (or the value of a reserve fund insurance policy with respect to such Additional Bonds) required to be on deposit therein or the manner in which such reserve fund is funded or the period of time over which such reserve fund is funded. Moneys on deposit in the Rebate Account are not pledged to the payment of the Bonds and do not constitute Pledged Revenues hereunder. Section 9. Form of Bonds. The Bonds shall be in substantially the following form, with such appropriate variations, omissions and insertions as may be required by the circumstances, or as may be required or permitted by this Resolution or the Sale Certificate executed in accordance with the provisions of this Resolution: [The remainder of this page intentionally left blank.] ATTACHMENT A 15 (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF EAGLE AVON URBAN RENEWAL AUTHORITY TAX INCREMENT REVENUE BOND SERIES 2017 R-____ $_________ INTEREST RATE MATURITY DATE DATED DATE ____% REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The Avon Urban Renewal Authority (the ‘Authority”), a public body corporate and politic duly organized and existing as an urban renewal authority under the laws of the State of Colorado, for value received, promises to pay to the registered owner specified above, or registered assigns, solely from the special funds provided therefor, the principal amount specified above, on the maturity date specified above, and to pay from said sources interest thereon on the June 1 and December 1 of each year, commencing on June 1, 2017, at the interest rate per annum specified above, until the principal sum is paid or payment has been provided therefor. This bond will bear interest from the most recent interest payment date to which interest has been paid or provided for, or, if no interest has been paid, from the date of this bond. The principal of this bond is payable upon presentation and surrender hereof (except as otherwise provided in the Bond Resolution) to the Authority’s registrar and paying agent (the “Registrar” or the “Paying Agent”), initially UMB Bank, n.a., at its principal operations office located in Kansas City, Missouri. Interest on this bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), by check or draft mailed to the person in whose name this bond is registered (the “registered owner”) in the registration records of the Authority maintained by the Registrar at its principal ATTACHMENT A 16 operations office and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such interest payment date (the “Regular Record Date”). Any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the registered owner hereof at the close of business on the Regular Record Date and shall be payable to the person who is the registered owner hereof at the close of business on a special record date for the payment of any defaulted interest (the “Special Record Date”). Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the bonds of the series of which this is one (the “Bonds”) not less than ten days prior to the Special Record Date. Alternative means of payment of interest may be used if mutually agreed to between the registered owner of any Bond and the Paying Agent, as provided in the Resolution of the Authority authorizing the issuance of the Bonds (the “Bond Resolution”). All such payments shall be made in lawful money of the United States of America without deduction for the services of the Paying Agent or Registrar. Terms not otherwise defined herein shall the meanings ascribed to them in the Bond Resolution. The Bonds are subject to redemption prior to maturity as provided in the Sale Certificate. The Bonds are issued in fully registered form, in denominations equal to the principal amount of the Bonds maturing on each maturity date. Subject to the aforementioned restriction, the Bonds are transferable only as set forth in the Bond Resolution. The Authority and the Registrar and Paying Agent may deem and treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of making payment and for all other purposes, except to the extent otherwise provided hereinabove and in the Bond Resolution with respect to Regular and Special Record Dates for the payment of interest. The Bonds are authorized for the purpose of defraying wholly or in part the Project Costs, for the payment of costs and expenses incidental thereto and to the issuance of the Bonds, all under the authority of and in full conformity with the Constitution and laws of the State of Colorado, including the Act, and pursuant to the Bond Resolution duly adopted, published and made a law of the Authority, all prior to the issuance of this bond. The Bonds are also issued pursuant to the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, of the Colorado Revised Statutes, as amended (the “Supplemental Act”). Pursuant to ATTACHMENT A 17 Section 11-57-210 of the Supplemental Act, this recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value. The Bonds do not constitute a debt or an indebtedness of the Authority within the meaning of any applicable charter, constitutional or statutory provision or limitation. This bond shall not be considered or held to be a general obligation of the Authority, and is payable from, and constitutes a pledge of and an irrevocable first lien (but not an exclusive first lien) on the Pledged Revenues, all as more specifically provided in the Bond Resolution. Except as otherwise specified in the Bond Resolution, this bond is entitled to the benefits of the Bond Resolution equally and ratably both as to principal and interest with all other Bonds issued and to be issued under the Bond Resolution, to which reference is made for a description of the rights of the Owners of the Bonds and the rights and obligations of the Authority. Reference is made to the Bond Resolution for the provisions, among others, with respect to the custody and application of the proceeds of the Bonds, the receipt and disposition of the Pledged Revenues, the nature and extent of the security, the terms and conditions under which Additional Bonds payable from the Pledged Revenues may be issued, the rights, duties and obligations of the Authority, and the rights of the Owners of the Bonds; and by the acceptance of this bond the registered owner hereof assents to all provisions of the Bond Resolution. This bond must be registered in the name of the registered owner as to both principal and interest on the registration records kept by the Registrar at its Principal Operations Office in conformity with the provisions stated herein and endorsed herein and subject to the terms and conditions set forth in the Bond Resolution. No transfer of this bond shall be valid unless made in accordance with the restrictions set forth herein and in the Bond Resolution and on the registration records maintained at the Principal Operations Office of the Registrar by the registered owner or his attorney duly authorized in writing. For the purpose of Section 265(b)(3)(B) of the Tax Code, the Authority has designated the Bonds as qualified tax-exempt obligations. Each Owner of this bond, by its acceptance of this bond, acknowledges that this Bond is not being registered under the Securities Act of 1933, as amended, and is not being registered or otherwise qualified for sale under the “Blue Sky” laws and regulations of any state, that as of the date of original issuance thereof, this Bond will carry no rating from any rating ATTACHMENT A 18 service and that such Owner will be deemed to have agreed to be bound by the provisions of this paragraph. It is further certified and recited that all the requirements of law have been fully complied with by the proper Authority officers in the issuance of this bond. This bond shall not be valid or obligatory for any purpose until the Registrar shall have manually signed the certificate of authentication herein. IN WITNESS WHEREOF, the Avon Urban Renewal Authority has caused this Bond to be executed in its name by the signature of its Chairperson and its corporate seal to be hereunto impressed or imprinted hereon and attested by the signature of its Executive Director/Secretary. [AUTHORITY’S SEAL] AVON URBAN RENEWAL AUTHORITY Attest: By: ___________________________________ Chairperson, Board of Commissioners By:________________________________ Executive Director/Secretary (End of Form of Bond) ATTACHMENT A 19 (Form of Registrar’s Certificate of Authentication) This is one of the Bonds described in the within-mentioned Bond Resolution, and this Bond has been duly registered on the registration records kept by the undersigned as Registrar for such Bonds. Date of Authentication and Registration: UMB BANK, N.A. By: ____________________________________ Authorized Officer (End of Form of Registrar’s Certificate of Authentication) ATTACHMENT A 20 (Form of Assignment) For value received, the undersigned hereby sells, assigns and transfers unto ____________________ the within bond and hereby irrevocably constitutes and appoints _______________ attorney, to transfer the same on the registration records of the Registrar, with full power of substitution in the premises. Dated: _______________________________________ Signature Guaranteed By: (Firm or Bank) Authorized Signature Name and Address of transferee: Social Security or other tax identification number of transferee: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. TRANSFER FEES MAY BE CHARGED (End of Form of Assignment) ATTACHMENT A 21 Section 10. Negotiability. Subject to the registration provisions hereof, the Bonds shall be fully negotiable and shall have all of the qualities of negotiable paper, and the Owner or Owners thereof shall possess all of the rights enjoyed by the holders or owners of negotiable instruments under the provisions of the Uniform Commercial Code-Investment Securities. The principal of and interest on the Bonds shall be paid, and the Bonds shall be transferable, free from and without regard to any equities between the Authority and the original or any intermediate owner of any Bonds or any setoffs or cross-claims. Section 11. Execution. The Bonds shall be executed in the name and on behalf of the Authority by the signature of the Chairperson, shall be sealed with a manual or facsimile impression of the seal of the Authority and attested by the signature of the Executive Director/Secretary. Each Bond shall be authenticated by the manual signature of an authorized officer or employee of the Registrar as hereinafter provided. The signatures of the Chairperson and the Executive Director/Secretary may be by manual or facsimile signature. The Bonds bearing the manual or facsimile signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obligations of the Authority (subject to the requirement of authentication by the Registrar as hereinafter provided), notwithstanding that before the delivery thereof and payment therefor or before the issuance of the Bonds upon transfer, any or all of the persons whose manual or facsimile signatures appear thereon shall have ceased to fill their respective offices. The Chairperson and the Executive Director/Secretary shall, by the execution of a signature certificate pertaining to the Bonds, adopt as and for their respective signatures any facsimiles thereof appearing on the Bonds. At the time of the execution of the signature certificate, the Chairperson and the Executive Director/Secretary may each adopt as and for his or her facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears upon any of the Bonds. No Bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form provided, has been duly manually executed by the Registrar. The Registrar’s certificate of authentication shall be deemed to have been duly executed by the Registrar if manually signed by an authorized officer or employee of the Registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the Bonds issued hereunder. By authenticating any of the Bonds initially ATTACHMENT A 22 delivered pursuant to this Resolution, the Registrar shall be deemed to have assented to the provisions of this Resolution. Section 12. Registration and Transfer. A. The Bonds shall initially be issued in the form of certificated, fully registered Bonds issued to the Purchaser. Records for the registration and transfer of the Bonds shall be kept by the Registrar, which is hereby appointed by the Authority as registrar (i.e., transfer agent) for the Bonds. Upon the surrender for transfer of any Bond at the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing, the Registrar shall enter such transfer on the registration records and shall authenticate and deliver in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount and of the same interest rate and maturity, bearing a number or numbers not previously assigned. The Registrar may impose reasonable charges in connection with such transfers of Bonds, which charges (as well as any tax or other governmental charge required to be paid with respect to such transfer) shall be paid by the registered owner requesting such transfer. B. The person in whose name any Bond shall be registered on the registration records kept by the Registrar shall be deemed and regarded as the absolute Owner thereof for the purpose of making payment thereof and for all other purposes; except as may be otherwise provided in Section 6 hereof with respect to payment of interest; and, subject to such exception, payment of or on account of either principal or interest on any Bond shall be made only to or upon the written order of the registered owner thereof or his legal representative, but such registration may be changed upon transfer of such Bond in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such Bond to the extent of the sum or sums so paid. C. If any Bond shall be lost, stolen, destroyed or mutilated, the Registrar shall, upon receipt of such evidence, information or indemnity relating thereto as it and the Authority may reasonably require, authenticate and deliver a replacement Bond or Bonds of a like aggregate principal amount and of the same maturity, bearing a number or numbers not previously assigned. If such lost, stolen, destroyed, or mutilated Bond shall have matured or is about to become due and payable, the Registrar may direct the Paying Agent to pay such Bond in lieu of replacement. ATTACHMENT A 23 D. The officers of the Authority are authorized to deliver to the Registrar fully executed but unauthenticated Bonds in such quantities as may be convenient to be held in custody by the Registrar pending use as herein provided. E. Whenever any Bond shall be surrendered to the Paying Agent upon payment thereof, or to the Registrar for transfer or replacement as provided herein, such Bond shall be promptly canceled by the Paying Agent or Registrar in accordance with the customary practices of the Registrar or Paying Agent and applicable retention laws. Section 13. Reserved. Section 14. Delivery of Bonds and Disposition of Proceeds. When the Bonds have been duly executed by appropriate Authority officers and authenticated by the Registrar, the Authority shall cause the Bonds to be delivered to the Purchaser thereof on receipt of the agreed purchase price. The Bonds shall be delivered in such denominations as the Purchaser thereof shall direct, subject in all respects to Section 6 hereof. The proceeds of the Bonds shall be deposited promptly by the Authority and shall be accounted for in the following manner and are hereby pledged therefor, but the Purchaser of the Bonds or any subsequent Owner in no manner shall be responsible for the application or disposal by the Authority or any of its officers of any of the funds derived from the sale: A. Proceeds of the Bonds shall be deposited to the Cost of Issuance Account in the amount set forth in the Sale Certificate and applied in accordance with the terms and provisions of the Paying Agent Agreement. B. Proceeds of the Bonds shall be deposited in the Project Fund in the amount set forth in the Sale Certificate and used to pay Project Costs upon compliance with the terms and provisions of the Project Fund Agreement. C. After payment of all Project Costs and costs of issuance of the Bonds, or after adequate provision therefor is made, any unexpended balance of the proceeds of the Bonds shall be deposited in the Bond Account and applied to the payment of the principal of and interest on the Bonds. Section 15. Use of Pledged Revenues. Pursuant to the 2013 Bond Resolution, there was created a special fund of the Authority known as the “Avon Urban Renewal Authority Revenue Fund.” So long as any Bonds shall be Outstanding, either as to principal or interest, all ATTACHMENT A 24 Pledged Property Tax Revenues shall be immediately credited to the Revenue Fund and all moneys on deposit in the Revenue Fund shall be applied as described below: A. Bond Account. First, from moneys on deposit in the Revenue Fund and concurrently on a pari passu basis with any payments required to be made to the bond account created by the 2013 Bond Resolution and any bond accounts created in connection with any Additional Bonds, there shall be credited to a special account held by the Authority, which is hereby created and designated as the “Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2017 Bond Account” (the “Bond Account”), the following amounts: (i) Interest payments. No later than the fifteenth day of each month, commencing in the first month following the date of delivery of the Bonds, an amount in equal monthly installments necessary, together with any other moneys from time to time available therefor from whatever source, to pay the next installment of interest on the Bonds coming due at the next interest payment date, and no later than the fifteenth day of each month thereafter, commencing in the month in which an interest payment date occurs, one-sixth of the amount necessary, together with any other moneys from time to time available therefor and on deposit therein from whatever source, to pay the next installment of interest on the Bonds then Outstanding. (ii) Principal payments. No later than the fifteenth day of each month, commencing in the first month following the date of delivery of the Bonds, an amount in equal monthly installments necessary, together with any other moneys from time to time available therefor from whatever source, to pay the next installment of principal of the Bonds coming due at maturity, and no later than the fifteenth day of each month thereafter, commencing in the month in which a principal payment date occurs, one-sixth of the amount necessary, together with any other moneys from time to time available therefor and on deposit therein from whatever source, to pay the next installment of principal of the Bonds coming due at maturity, or pursuant to Section 7 hereof, if any. If prior to any interest payment date or principal payment date there has been accumulated in the Bond Account the entire amount necessary to pay the next maturing installment of interest or principal, or both, the payment required in subsection (1) or (2) (whichever is applicable) of this subsection, may be appropriately reduced; but the required ATTACHMENT A 25 monthly amounts shall again be so credited to such account commencing on such interest payment date or principal payment date. A similar bond account shall be created for any series of Additional Bonds and payments into such account shall be made contemporaneously with and have the same priority as payments into the Bond Account created hereunder. The moneys in the Bond Account shall be used only to pay the principal of, prior redemption premium if any, and interest on the Bonds as the same become due, and shall not be applied to the payment of Parity Bonds or Additional Bonds. If, in any month, there are insufficient moneys on deposit in the Revenue Fund to make the payments into the Bond Account in the amounts set forth above, or if the Executive Director anticipates that there will be a deficiency in moneys on deposit in the Revenue Fund to make any such deposit in any given month, then the Executive Director shall immediately notify the Town Manager of any such insufficiency. Pursuant to the Moral Obligation Resolution, upon the receipt of any such notice, the Town Manager shall notify the Town Council of any such insufficiency in the Revenue Fund and request an appropriation or supplemental appropriation in an amount sufficient to make up any such insufficiency. Pursuant to the Moral Obligation Resolution, the Town Council has agreed to consider, but is not obligated to, deposit to the Bond Account an amount sufficient to cover any such insufficiency. Until the Town credits an amount to the Bond Account in an amount sufficient to fully fund the Bond Account as set forth above, the Authority shall continue to transfer moneys on deposit in the Revenue Fund to the Bond Account to the extent available, including any amounts necessary to make up any insufficiencies in preceding months. While the Town Council has agreed to consider funding the Bond Account in the event that there are insufficient moneys on deposit in the Revenue Fund to make the required deposits thereto, the Town Council’s decision not to fund any such insufficiency shall not constitute an Event of Default hereunder. B. Reserve Funds for Parity Bonds. Second, from moneys on deposit in the Revenue Fund there shall be made on a pari passu basis any payments required to be made to the 2013 Reserve Fund and any reserve funds created in connection with any Additional Bonds. Reserve accounts may be created for any series of Additional Bonds and payments into such reserve accounts shall be made contemporaneously with and have the same priority as payments into the reserve accounts for all Parity Bonds. Notwithstanding the ATTACHMENT A 26 foregoing, Additional Bonds may be issued without a reserve fund securing the payment of such Additional Bonds. C. Termination Upon Deposits to Maturity or Redemption Date. No payment need be made into the Bond Account if the amount on deposit in the Bond Account is sufficient to pay the principal of and interest on the Bonds to their respective maturity dates, or to any redemption date on which the Authority shall have exercised its option to redeem all the Bonds then Outstanding, in which case moneys in the Bond Account in an amount at least equal to such principal and interest requirements shall be used solely to pay such as the same accrue, and any moneys in excess thereof in the Bond Account may be withdrawn and used for any lawful purpose. D. Rebate Account. Third, and concurrently on a pari passu basis with any payments required to be made to any rebate accounts created in connection with the 2013 Bonds and any Additional Bonds, there shall be credited in a special account hereby created and designated as the “Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2017 Rebate Account” (the “Rebate Account”) any amounts required by Section 148(f) of the Tax Code to be held until such time as any required rebate payment is made. Amounts in the Rebate Account shall be held by the Authority and used for the purpose of making the payments to the United States required by Section 148(f) of the Tax Code. Any amounts in excess of those required to be on deposit therein by Section 148(f) of the Tax Code shall be withdrawn therefrom and deposited into the Bond Account. Funds in the Rebate Account shall not be Pledged Revenues hereunder and shall not be subject to the lien created by this Resolution to the extent such amounts are required to be paid to the United States Treasury. A similar rebate account may be created for any series of Additional Bonds and payments into such account shall have the same priority as payments into the Rebate Account created hereunder. E. Payment for Subordinate Obligations. After the monthly payments required by paragraphs A, B, and D of this Section have been made, the Pledged Revenues shall be used by the Authority for the payment of interest on and principal of any obligations secured by Pledged Revenues subordinate to the lien of the Bonds (including the repayment of any Town Payment used to fund an insufficiency in the Bond Account, in accordance with the 2017 ATTACHMENT A 27 Cooperation Agreement), hereafter authorized to be issued, including reasonable reserves therefor. F. Use of Remaining Revenues. After making the payments required to be made by this Section in any given month, any remaining Pledged Revenues may be used for any lawful purpose. Without limiting the foregoing, to the extent permitted by law, the Authority is hereby authorized to transfer any and all remaining Pledged Revenues which constitute investment income on moneys in the Revenue Fund to the Authority to be used for administrative expenses. Section 16. General Administration of Accounts. The Revenue Fund, the Bond Account and the Rebate Account shall be administered as hereinafter set forth, subject to the limitations stated in Section 19K hereof. The Costs of Issuance Account shall be administered as set forth in the Paying Agent Agreement and the Project Fund shall be administered as set forth in the Project Fund Agreement. A. Budget and Appropriation of Accounts. The sums provided to make the payments specified in Section 15 hereof are hereby appropriated for said purposes, and said amounts for each year shall be included in the annual budget and the appropriation Resolution or measures to be adopted or passed by the Board in each year respectively while any of the Bonds, either as to principal or interest, are Outstanding and unpaid. B. Places and Times of Deposits. Each of the Bond Account, the Rebate Account and the Revenue Fund shall be maintained as a book account kept separate and apart from all other accounts or funds of the Authority as trust accounts solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such book accounts pertaining to the Pledged Revenues or to such accounts and any other funds of the Authority to be established under this Resolution. Moneys in any such book account shall be continuously secured to the fullest extent required by the laws of the State for the securing of public accounts. Each periodic payment shall be credited to the proper book account not later than the date therefor herein designated, except that when any such date shall be a Saturday, a Sunday or a legal holiday, then such payment shall be made on or before the next preceding Business Day. C. Investment of Accounts. Any moneys in the Bond Account, Rebate Account and the Revenue Fund may be invested or reinvested in any Permitted Investment. ATTACHMENT A 28 Securities or obligations purchased as such an investment shall either be subject to redemption at any time at face value by the holder thereof at the option of such holder, or shall mature at such time or times as shall most nearly coincide with the expected need for moneys from the account in question. Securities or obligations so purchased as an investment of moneys in any such account shall be deemed at all times to be a part of the applicable account or fund. The Authority shall present for redemption or sale on the prevailing market any securities or obligations so purchased as an investment of moneys in a given account or fund whenever it shall be necessary to do so in order to provide moneys to meet any required payment or transfer from such account or fund. The Authority shall have no obligation to make any investment or reinvestment hereunder, unless any moneys on hand and accounted for in any one account or fund exceed $5,000 and at least $5,000 therein will not be needed for a period of not less than 60 days. In such event the Authority shall invest or reinvest not less than substantially all of the amount which will not be needed during such 60-day period, except for any moneys on deposit in an interest-bearing account in a Commercial Bank, without regard to whether such moneys are evidenced by a certificate of deposit or otherwise, pursuant to this paragraph C and paragraph E of this Section; but the Authority is not required to invest, or so to invest in such a manner, any moneys accounted for hereunder if any such investment would contravene the covenant concerning arbitrage in Section 19K hereof. D. No Liability for Losses Incurred in Performing Terms of Resolution. Neither the Authority nor any officer of the Authority shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Resolution. E. Character of Funds. The moneys in any fund or account herein authorized shall consist of lawful money of the United States or investments permitted by paragraph C of this Section or both such money and such investments. Moneys deposited in a demand or time deposit account in or evidenced by a certificate of deposit of a Commercial Bank pursuant to paragraph C of this Section, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Section 17. Additional Bonds. A. Limitations Upon Issuance of Additional Bonds. Nothing in this Resolution shall be construed in such a manner as to prevent the issuance by the Authority of Additional Bonds payable from and constituting a lien upon all or a portion of the Pledged ATTACHMENT A 29 Revenues on a parity with the lien of the Bonds; but before any such Additional Bonds are authorized or actually issued (excluding any parity refunding securities refunding the Bonds or a part thereof, as provided in Section 18 hereof), the following provisions B through F must all first be satisfied. B. Absence of Payment Default. At the time of the adoption of the resolution or other instrument authorizing the issuance of the Additional Bonds, the Authority shall not be in default in making any payments required by Section 15 hereof. C. Historic Revenues Test. The Pledged Property Tax Revenues constituting Pledged Revenues, as certified by the Executive Director, received in any consecutive twelve month period within the eighteen months immediately preceding the date of the issuance of such Additional Bonds, shall have been sufficient to pay an amount at least equal to 120% of the Maximum Annual Debt Service for the Bonds, any Parity Bonds Outstanding, any Additional Bonds Outstanding and the Additional Bonds proposed to be issued. D. Adequate Reserves. The Authority may, at its option, provide for the creation and maintenance of a reserve account in connection with the issuance of any Additional Bonds. E. Reduction of Annual Requirements. The debt service requirements set forth in this Section (including as such a requirement, the amount of any prior redemption premiums due on any redemption date as of which the Authority shall have exercised or shall have obligated itself to exercise its prior redemption option by a call of bonds or securities for redemption) shall be reduced to the extent such debt service requirements are scheduled to be paid in each of the respective Fiscal Years with moneys held in trust or in escrow for that purpose by any Trust Bank located within or without the State, including the known minimum yield from any investment of such moneys in Governmental Obligations and bank deposits, including any certificate of deposit. F. Certification of Revenues. In the case of the computation of the revenue tests provided in paragraph C of this Section, the specified and required written certification by the Executive Director that such annual revenues are sufficient to pay such amounts as provided in paragraph C of this Section shall be conclusively presumed to be accurate in determining the right of the Authority to authorize, issue, sell and deliver Additional Bonds on a parity with the then Outstanding Bonds. ATTACHMENT A 30 G. Subordinate Securities Permitted. Nothing herein prevents the Authority from issuing additional bonds or other additional securities for any lawful purpose payable from the Pledged Revenues having a lien thereon subordinate, inferior and junior to the lien thereon of the Bonds. H. Superior Securities Prohibited. Nothing herein permits the Authority to issue bonds or other securities payable from the Pledged Revenues and having a lien thereon prior and superior to the lien thereon of the Bonds. Section 18. Refunding Obligations. A. Generally. If at any time after the Bonds, or any part thereof, shall have been issued and remain Outstanding, the Authority shall find it desirable to refund any Outstanding obligations payable from the Pledged Revenues, said obligations, or any part thereof, may be refunded, subject to the provisions of paragraph B of this Section, if (1) the obligations to be refunded, at the time of their required surrender for payment, shall then mature or shall then be callable for prior redemption at the Authority’s option upon proper call, or (2) the owners of the obligations to be refunded consent to such surrender and payment. B. Protection of Obligations Not Refunded. Any refunding obligations payable from the Pledged Revenues shall be issued with such details as the Board may provide, so long as there is no impairment of any contractual obligation imposed upon the Authority by any proceedings authorizing the issuance of any unrefunded portion of obligations payable from the Pledged Revenues; but so long as any Bonds are Outstanding, refunding obligations payable from the Pledged Revenues may be issued on a parity with the unrefunded Bonds only if: (i) Prior Consent. The Authority first receives the consent of the Owner or Owners of the unrefunded Bonds; or (ii) Requirements. The refunding obligations do not increase by more than $25,000, for any Fiscal Year prior to and including the last maturity date of any unrefunded Bonds, the aggregate principal and interest requirements evidenced by such refunding obligations and by any Outstanding Bonds not refunded, and the lien of any refunding parity obligations on the Pledged Revenues is not raised to a higher priority than the lien thereon of any obligations thereby refunded; or (iii) Earnings Tests. The refunding obligations are issued in compliance with Section 17 hereof. ATTACHMENT A 31 Section 19. Protective Covenants. The Authority hereby additionally covenants and agrees with each and every Owner of the Bonds that: A. Use of Bond Proceeds. The Authority will proceed with the acquisition, construction and installation of the Project without delay and with due diligence. In the event that the net proceeds of the Bonds are not sufficient to pay all Project Costs, the Authority or the Town shall pay any such additional Project Costs, subject to appropriation. B. Payment of Bonds. The Authority will promptly pay the principal of and interest on every Bond issued hereunder and secured hereby on the dates and in the manner specified herein and in said Bonds according to the true intent and meaning hereof, provided that such principal and interest is payable solely from the Pledged Revenues. C. Amendment of the Urban Renewal Plan; Continuance and Collection of Taxes. The Authority covenants and agrees that the Authority shall diligently and in a sound and economical manner carry out and continue to completion, with all practicable dispatch, the Urban Renewal Project in accordance with the Act, the Urban Renewal Plan and the 2017 Cooperation Agreement. The Urban Renewal Plan may be amended, but the Authority shall not request that an amendment be made unless the Authority shall have received an opinion of counsel to the Authority to the effect that such amendment would not result in a failure of the Urban Renewal Plan, as so amended, to comply with the requirements of this Resolution or adversely and materially affect the security for the Bonds or unless the required consent is obtained as provided in Section 27 hereof.. The Authority shall take all reasonable action necessary to cause to be collected delinquent payments of the ad valorem taxes owing from the Urban Renewal Project Area. D. Defense of Legality of Application and Use of Pledged Revenues. There is not pending or threatened any suit, action or proceeding against or affecting the Authority before or by any court, arbitrator, administrative agency or other governmental authority which affects the validity or legality of this Resolution, the issuance of the Bonds, or the imposition and collection of the Pledged Revenues, any of the Authority’s obligations under this Resolution or any of the transactions contemplated by this Resolution. The Authority shall, to the extent permitted by law, defend the validity and legality of the collection of the Pledged Property Tax Revenues and any taxes contributing thereto, this Resolution and the Urban Renewal Plan, and all amendments thereto against all ATTACHMENT A 32 claims, suits and proceedings which would diminish or impair the Pledged Revenues or Revenue Fund as security for the Bonds. Except for the issuance of the 2013 Bonds and as otherwise specified in this Resolution, the Authority has not assigned or pledged the Pledged Revenues or Revenue Fund in any manner which would diminish the security for the payment of the Bonds. E. Further Assurances. At any and all times the Authority shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Pledged Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the Authority may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Resolution. The Authority, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of said Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every Owner of any of the Bonds against all claims and demands of all Persons whomsoever. F. Conditions Precedent. Upon the issuance of the Bonds, all conditions, acts and things required by the Constitution or laws of the United States, the Constitution or laws of the State or this Resolution to exist, to have happened, and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened and have been performed, and the Bonds, together with all other obligations of the Authority, shall not contravene any debt or other limitation prescribed by the Constitution or laws of the United States, the Constitution or laws of the State or the Charter. G. Records. So long as any of the Bonds remain Outstanding, proper books of record and account will be kept by the Authority, separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the Pledged Revenues and the accounts created or continued by this Resolution. H. Audits. The Authority further agrees that it will cause an audit of such books and accounts to be made by a certified public accountant, who is not an employee of the Authority, showing the Pledged Revenues. The Authority agrees to allow the Owner of any of ATTACHMENT A 33 the Bonds to review and copy such audits and reports, at the Authority’s offices, at his request. Copies of such audits and reports will be furnished to the Purchaser. I. Performing Duties. The Authority will faithfully and punctually perform or cause to be performed all duties with respect to the Pledged Revenues required by the Constitution and laws of the State and the ordinances and resolutions of the Authority, including but not limited to the segregation of the Pledged Revenues as set forth in Section 15 hereof and their application to the respective accounts herein designated. J. Other Liens. As of the date of issuance of the Bonds, there are no liens or encumbrances of any nature whatsoever on or against any of the Pledged Revenues except for the Outstanding 2013 Bonds. K. Tax Covenants. The Authority covenants for the benefit of the Registered Owners of the Bonds that it will not take any action or omit to take any action with respect to the Bonds, the proceeds thereof, any other funds of the Authority or any facilities financed or refinanced with the proceeds of the Bonds if such action or omission (i) would cause the interest on the Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in calculating the adjusted current earnings adjustment applicable to corporations for purposes of computing the alternative minimum taxable income of corporations, or (iii) would cause interest on the Bonds to lose its exemption from Colorado taxation (except inheritance, estate and transfer taxes) under present Colorado law. In furtherance of this covenant, the Authority agrees to comply with the procedures set forth in the Tax Certificate. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the Authority in fulfilling the above covenant under the Tax Code and Colorado law have been met. The Authority hereby determines that neither the Authority nor any entity subordinate thereto reasonably anticipates issuing in the aggregate more than $10,000,000 face amount of tax-exempt bonds or any other similar obligations during calendar year 2017. For the purpose of Section 265(b)(3)(B) of the Tax Code, the Authority hereby designates the Bonds as qualified tax-exempt obligations. ATTACHMENT A 34 L. Authority’s Existence. The Authority will maintain its corporate identity and existence so long as any of the Bonds remain Outstanding, unless another political subdivision by operation of law succeeds to the duties, privileges, powers, liabilities, disabilities, immunities and rights of the Authority and is obligated by law to receive and distribute the Pledged Revenues in place of the Authority, without materially adversely affecting the privileges and rights of any Owner of any Outstanding Bonds. M. Prompt Collections. The Authority will cause the Pledged Property Tax Revenues to be collected promptly and accounted for in the funds and accounts as herein provided. N. Surety Bonds. Each official of the Authority having custody of the Pledged Revenues, or responsible for their handling, shall be fully bonded at all times, which bond shall be conditioned upon the proper application of such money. O. Prejudicial Contracts and Action Prohibited. No contract will be entered into, nor will any action be taken, by the Authority by which the rights and privileges of any Owner are materially impaired or diminished. Section 20. Defeasance. If, when the Bonds shall be paid in accordance with their terms (or payment of the Bonds has been provided for in the manner set forth in the following paragraph), then this Resolution and all rights granted hereunder shall thereupon cease, terminate and become void and be discharged and satisfied. Payment of any Outstanding Bond shall prior to the maturity or redemption date thereof be deemed to have been provided for within the meaning and with the effect expressed in this Section if (a) in case said Bond is to be redeemed on any date prior to its maturity, the Authority shall have given to the Paying Agent in form satisfactory to it irrevocable instructions to give on a date in accordance with the provisions of Section 7 hereof notice of redemption of such Bond on said redemption date, such notice to be given in accordance with the provisions of Section 7 hereof, and (b) there shall have been deposited with the Paying Agent or a commercial bank exercising trust powers either moneys in an amount which shall be sufficient, or Federal Securities which shall not contain provisions permitting the redemption thereof at the option of the issuer, the principal of and the interest on which when due, and without any reinvestment thereof, will provide moneys which, together with the moneys, if any, deposited with or held by the Paying Agent or other commercial bank exercising trust powers at the same time, shall be ATTACHMENT A 35 sufficient to pay when due the principal of, premium if any, and interest due and to become due on said Bond on and prior to the redemption date or maturity date thereof, as the case may be. Neither such securities nor moneys deposited with the Paying Agent or other commercial bank exercising trust powers pursuant to this Section or principal or interest payments on any such Federal Securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal of, premium if any, and interest of said Bond; provided any cash received from such principal or interest payments on such Federal Securities deposited with the Paying Agent or other commercial bank exercising trust powers, if not then needed for such purpose, shall, to the extent practicable, be reinvested in securities of the type described in (b) of this paragraph maturing at times and in amounts sufficient to pay when due the principal of, premium if any, and interest to become due on said Bond on or prior to such redemption date or maturity date thereof, as the case may be. At such time as payment of a Bond has been provided for as aforesaid, such Bond shall no longer be secured by or entitled to the benefits of this Resolution, except for the purpose of any payment from such moneys or securities deposited with the Paying Agent or other commercial bank exercising trust powers. The release of the obligations of the Authority under this Section shall be without prejudice to the right of the Paying Agent to be paid reasonable compensation for all services rendered by it hereunder and all its reasonable expenses, charges and other disbursements incurred on or about the administration of and performance of its powers and duties hereunder. Upon compliance with the foregoing provisions of this Section with respect to all Bonds Outstanding, this Resolution may be discharged in accordance with the provisions of this Section but the liability of the Authority in respect of the Bonds shall continue; provided that the Owners thereof shall thereafter be entitled to payment only out of the moneys or Federal Securities deposited with the Paying Agent or other commercial bank exercising trust powers as provided in this Section. Section 21. Further Authority. The officers of the Authority are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution, including, without limiting the generality of the foregoing; the printing of the Bonds, the acceptance of the proposal of the Purchaser to purchase the Bonds and the execution of any purchase contract in connection therewith, and the execution of such certificates as may be required by the Purchaser, including, but not necessarily limited to, the absence and existence ATTACHMENT A 36 of factors affecting the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 22. Events of Default. Each of the following events is hereby declared an “event of default:” A. Nonpayment of Principal. If payment of the principal of any of the Bonds shall not be made when the same shall become due and payable at maturity; or B. Nonpayment of Interest. If payment of any installment of interest on the Bonds shall not be made when the same becomes due and payable; or C. Incapable to Perform. If the Authority shall for any reason be rendered incapable of fulfilling its obligations hereunder; or D. Default of Any Provision. If the Authority shall default in the due and punctual performance of its covenants or conditions, agreements and provisions contained in the Bonds or in this Resolution on its part to be performed, other than those set forth in paragraphs A and B of this Section, and if such default shall continue for 60 days after written notice specifying such default and requiring the same to be remedied shall have been given to the Authority by the Owners of not less than 25% in aggregate principal amount of the Bonds then Outstanding. E. Bankruptcy. The Authority shall commence any case, proceeding or other action (A) under any existing or future law of any jurisdiction relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it or seeking to adjudicate it insolvent or a bankrupt or seeking reorganization, arrangement, adjustment, winding up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian or other similar official for itself or for any substantial part of its property, or the Authority shall make a general assignment for the benefit of its creditors. Section 23. Remedies. Upon the happening and continuance of any event of default as provided in Section 22 hereof, the Owner or Owners of not less than 25% in aggregate principal amount of the Outstanding Bonds, or a trustee therefor, may protect and enforce their rights hereunder by proper legal or equitable remedy deemed most effectual including mandamus, specific performance of any covenants, the appointment of a receiver (the consent of such appointment being hereby granted), injunctive relief, or requiring the Board to act as if it ATTACHMENT A 37 were the trustee of an express trust, or any combination of such remedies. All proceedings shall be maintained for the equal benefit of all Owners of Bonds. The failure of any Owner to proceed does not relieve the Authority or any Person of any liability for failure to perform any duty hereunder. The foregoing rights are in addition to any other right available to the Owners of Bonds and the exercise of any right by any Owner shall not be deemed a waiver of any other right. Section 24. Duties Upon Default. Upon the happening of any of the events of default as provided in Section 22 hereof, the Authority, in addition, will do and perform all proper acts on behalf of and for the Owners of the Bonds to protect and preserve the security created for the payment of the Bonds and to ensure the payment of the principal of and interest on said Bonds promptly as the same become due. Proceeds derived from the Pledged Revenues, so long as any of the Bonds herein authorized, either as to principal or interest, are Outstanding and unpaid, shall be paid into the Bond Account, pursuant to the terms hereof and to the extent provided herein, and used for the purposes herein provided. In the event the Authority fails or refuses to proceed as in this Section provided, the Owner or Owners of not less than 25% in aggregate principal amount of the Bonds then Outstanding, after demand in writing, may proceed to protect and enforce the rights of such Owners as hereinabove provided. Section 25. Approvals, Authorizations, and Amendments. The 2017 Cooperation Agreement, the Paying Agent Agreement and the Project Fund Agreement in substantially the forms thereof presented to the Board and filed with the Authority, are in all respects approved, authorized and confirmed, but such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution and as the Executive Director shall approve, the execution thereof being deemed conclusive approval of any such changes by the Authority. The Chairperson is hereby authorized and directed to execute the 2017 Cooperation Agreement, the Paying Agent Agreement and the Project Fund Agreement. The Executive Director/Secretary is hereby authorized to attest and to affix the seal of the Authority, as necessary, to the 2017 Cooperation Agreement, the Paying Agent Agreement and the Project Fund Agreement, and the Chairperson and the Executive Director/Secretary are further authorized to execute, attest, seal and authenticate such other documents, instruments or certificates as are deemed necessary or desirable by bond counsel in order to issue and secure the Bonds. ATTACHMENT A 38 Either the Chairperson or the Executive Director has the independent authority to accept the proposal of the Purchaser to purchase the Bonds, to execute any purchase contract in connection therewith, and to execute the Sale Certificate in connection therewith, all subject to the parameters and restrictions contained in Section 6 hereof. The form, terms and provisions of the Bonds, in the form contained in this Resolution and upon the terms to be set forth in the Sale Certificate, are hereby approved, with such changes therein as are approved by the Executive Director; and the manual or facsimile signature of the Chairperson is hereby authorized and directed to be placed on the Bonds, the seal of the Authority, or a facsimile thereof, is hereby authorized and directed to be affixed to the Bonds, and the Executive Director/Secretary is hereby authorized and directed to attest the Bonds, in accordance with this Resolution. The proper officers and employees of the Authority are hereby authorized and directed to execute and deliver for and on behalf of the District any and all additional certificates, documents and other papers, and to perform all other acts that they may deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this Resolution. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by the Executive Director prior to the execution of the documents. The execution of any instrument by the appropriate officers and employees of the Authority herein authorized shall be conclusive evidence of the approval by the Authority of such instrument in accordance with the terms hereof. Section 26. Replacement of Registrar or Paying Agent. The Registrar or Paying Agent may resign at any time on 30 days’ prior written notice to the Authority. The Authority may remove said Registrar or Paying Agent upon 30 days’ prior written notice to the Registrar and/or Paying Agent, as the case may be. No resignation or removal of the Registrar or Paying Agent shall take effect until a successor has been appointed; provided, that if no successor is appointed by the end of 90 days, the Paying Agent or Registrar may petition a court of competent jurisdiction to appoint a successor. If the Registrar or Paying Agent initially appointed shall resign, or if the Authority shall remove said Registrar or Paying Agent, the Authority may, upon notice mailed to each Registered Owner of any Bond, at the address last ATTACHMENT A 39 shown on the registration books, appoint a successor Registrar or Paying Agent, or both. Every such successor Registrar or Paying Agent shall be a bank or trust company located in and in good standing in the United States and having a shareowners’ equity (e.g., capital stock, surplus and undivided profits), however denominated, not less than $10,000,000 or shall be an officer of the Authority. It shall not be required that the same institution serve as both Registrar and Paying Agent hereunder, but the Authority shall have the right to have the same institution serve as both Registrar and Paying Agent hereunder. Any company or national banking association into which the Registrar or Paying Agent may be merged or converted or with which it may be consolidated or any company or national banking association resulting from any merger, conversion or consolidation to which it shall be a party or any company or national banking association to which the Registrar or Paying Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible, shall be the successor to such Registrar or Paying Agent without the execution or filing of any paper or further act, anything herein to the contrary notwithstanding. Section 27. Amendment. After any of the Bonds have been issued, this Resolution shall constitute a contract between the Authority and the Owners of the Bonds and shall be and remain irrepealable until the Bonds and the interest thereon have been fully paid, satisfied and discharged. A. The Authority may, without the consent of, or notice to the Owners of the Bonds, adopt such resolutions supplemental hereto (which supplemental amendments shall thereafter form a part hereof) for any one or more or all of the following purposes: (i) to cure any ambiguity, or to cure, correct or supplement any defect or omission or inconsistent provision contained in this Resolution, or to make any provisions with respect to matters arising under this Resolution or for any other purpose if such provisions are necessary or desirable and do not materially adversely affect the interests of the Owners of the Bonds; (ii) to subject to the lien of this Resolution additional revenues, properties or collateral; (iii) to grant or confer upon the Registrar for the benefit of the registered owners of the Bonds any additional rights, remedies, powers, or authority that may lawfully be granted to or conferred upon the registered owners of the Bonds; or ATTACHMENT A 40 (iv) to qualify this Resolution under the Trust Indenture Act of 1939, as amended. B. Exclusive of the amendatory ordinances permitted by paragraph A of this Section, this Resolution may be amended or supplemented by Resolution adopted by the Board in accordance with the law, without receipt by the Authority of any additional consideration but with the written consent of the Owners of at least 66% in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such amendatory or supplemental Resolution; provided, however, that, without the written consent of the Owners of all of the Bonds adversely affected thereby, no such Resolution shall have the effect of permitting: (i) An extension of the maturity of any Bond authorized by this Resolution; or (ii) A reduction in the principal amount of any Bond or the rate of interest thereon; or (iii) The creation of a lien upon or pledge of Pledged Revenues ranking prior to the lien or pledge created by this Resolution; or (iv) A reduction of the principal amount of Bonds required for consent to such amendatory or supplemental Resolution; or (v) The establishment of priorities as between Bonds issued and Outstanding under the provisions of this Resolution; or (vi) The modification of or otherwise affecting the rights of the Owners of less than all of the Bonds then Outstanding. Section 28. No Recourse Against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Board, or any officer or agent of the Authority acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal of or interest on the Bonds. Such recourse shall not be available either directly or indirectly through the Board or the Authority, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and as a part of the consideration of their sale or purchase, any Person purchasing or selling such Bond specifically waives any such recourse. Section 29. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, the Bonds shall contain a recital that they are issued pursuant to the ATTACHMENT A 41 Supplemental Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value. Section 30. Pledge of Revenues. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by Section 11-57-208 of the Supplemental Act and this Resolution. The revenues pledged for the payment of the Bonds, as received by or otherwise credited to the Authority, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the contractual provisions made herein shall have priority over any or all other obligations and liabilities of the Authority, except the lien of the pledge on the revenues pledged to pay the 2013 Bonds and any Additional Bonds. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Authority irrespective of whether such persons have notice of such liens. Section 31. Severability. If any one or more sections, sentences, clauses or parts of this Resolution shall for any reason be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Resolution so held unconstitutional or invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this Resolution in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Resolution in any other instances. Section 32. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any bylaw, order, resolution or Resolution, or part thereof, heretofore repealed. Section 33. Resolution Irrepealable. After any of the Bonds herein authorized are issued, this Resolution shall constitute a contract between the Authority and the Owners of the Bonds, and shall be and remain irrepealable until the Bonds and interest thereon shall be fully paid, canceled and discharged as herein provided. Section 34. Effective Date. This Resolution shall take effect immediately upon its passage and approval. ATTACHMENT A 42 PASSED, ADOPTED AND APPROVED this December 13, 2016. Chairperson of the Board of Commissioners (SEAL) Attest: Executive Director APPROVED AS TO LEGAL FORM: Attorney for the Authority ATTACHMENT A 43 STATE OF COLORADO ) ) SS. AVON URBAN RENEWAL ) AUTHORITY ) I, Virginia Egger, the Executive Director/Secretary of the Avon Urban Renewal Authority (the “Authority”), do hereby certify that: a. The foregoing pages are a true and correct copy of a resolution (the “Resolution”) passed and adopted by the Board of Commissioners of the Authority (the “Board”) at a regular meeting held on December 13, 2016. b. The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of December 13, 2016, by an affirmative vote of a majority of the members of the Board as follows: Name “Yes” “No” Absent Jennie Fancher, Chairperson Megan Burch Matt Gennett Scott Prince Amy Phillips Sarah Smith Hymes Jake Wolf c. The members of the Board were present at such meetings and voted on the passage of such Resolution as set forth above. d. The Resolution was approved and authenticated by the signature of the Chairperson or Vice Chairperson of the Board, sealed with the Authority seal, attested by the Executive Director/Secretary of the Board and recorded in the minutes of the Board. e. There are no bylaws, rules or regulations of the Board which might prohibit the adoption of said Resolution. f. Notice of the meeting of December 13, 2016, in the form attached hereto as Exhibit A, was posted in at the Avon Town Hall, Avon Municipal Complex, and One Lake Street, in the Town of Avon, not less than twenty-four hours prior to the meeting in accordance with law. ATTACHMENT A 44 WITNESS my hand and the seal of said Authority affixed December 13, 2016. Executive Director/Secretary (SEAL) ATTACHMENT A EXHIBIT A (Attach Notice of Meeting of December 13, 2016) ATTACHMENT A ATTACHMENT B ATTACHMENT B Butler Snow Draft: 12.5.2016 2017 COOPERATION AGREEMENT BETWEEN THE TOWN OF AVON AND THE AVON URBAN RENEWAL AUTHORITY THIS 2017 COOPERATION AGREEMENT (this “Agreement”), dated as of January __, 2017, is made and entered into between the TOWN OF AVON, COLORADO (the “Town”) and the AVON URBAN RENEWAL AUTHORITY (the “Authority”). WHEREAS, the Town is a Colorado home rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its Town Charter; and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes (“C.R.S.”) (the “Urban Renewal Law”); and WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the Town and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and WHEREAS, the Town has heretofore approved the Avon Urban Renewal Authority Town Center West Area Urban Renewal Plan, as amended (the “Plan”) and the urban renewal project described therein (the “Urban Renewal Project”); and WHEREAS, the Urban Renewal Project has been undertaken for the public purpose of enhancing employment opportunities, eliminating existing conditions of blight, and improving the tax base of the Town; and WHEREAS, pursuant to Section 31-25-112, C.R.S., the Town is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning or undertaking of any urban renewal plans, projects, programs, works, operations or activities of the Authority, to enter into agreements with the Authority respecting such actions to be taken by the Town, and appropriating funds and making such expenditures of its funds to aid and cooperate with the Authority in undertaking the Urban Renewal Project and carrying out the Plan; and WHEREAS, the Authority has previously issued its Tax Increment Revenue Bonds, Series 2013 (the “2013 Bonds”) in order to finance the costs of refunding certain outstanding loans; and WHEREAS, in connection with the issuance of the 2013 Bonds, the Town and the Authority executed and delivered a 2013 Cooperation Agreement (the “2013 Cooperation ATTACHMENT C 2 Agreement”) pursuant to which the Town agreed, among other things, and subject to certain conditions, to loan funds to the Authority for urban renewal purposes; and WHEREAS, pursuant to a resolution adopted on December 13, 2016 (the “Bond Resolution”), the Authority has determined to issue its Tax Increment Revenue Bonds, Series 2017 (the “2017 Bonds”) to finance the acquisition, construction and installation of an improvement project, as further set forth in the Bond Resolution (the “Project”); and WHEREAS, for the purpose of providing additional security for the payment of the Bonds, the Town Council of the Town (the “Council”) has adopted its Resolution 16-__, Series 2016 (the “Moral Obligation Resolution”) declaring its nonbinding intent and expectation that, in each year the Bonds are outstanding, it will lend additional moneys to the Authority, within the limits of available funds and revenues, by making payments into the Bond Account to the extent there are insufficient Pledged Revenues to make such deposits when due; and WHEREAS, the Town Council has determined that it is in the best interest of the Town and the Authority has determined it is in the best interest of the Authority, that the 2013 Cooperation Agreement remain in full force and effect and that this Agreement shall be an additional cooperation agreement among the Town and the Authority. NOW, THEREFORE, in consideration of the mutual promises set forth below, the Town and the Authority agree as follows: 1. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Bond Resolution. 2. 2013 COOPERATION AGREEMENT. The 2013 Cooperation Agreement is hereby ratified, approved and confirmed and shall remain in full force and effect. The terms and provisions of this Agreement shall be in addition to all terms and provisions of the 2013 Cooperation Agreement. 3. PLEDGED REVENUES. (a) The Authority shall use Pledged Revenues for purposes described in the Bond Resolution and for any other lawful purpose, as permitted by the Act. (b) To the extent lawfully possible, the Town will take no action that would have the effect of materially reducing Pledged Revenues. 4. LOAN. (a) If the Council appropriates funds pursuant to the Moral Obligation Resolution, such funds shall be a loan from the Town to the Authority to be repaid as provided herein. (b) The Town may advance to the Authority amounts to be used by the Authority for costs incurred for its staffing, consultants, design, engineering, construction, and other expenses in connection with the Plan, the Urban Renewal Project and the Project, including any amounts advanced prior to the date hereof (a “Prior Advance”). Such amounts shall be subject to annual appropriation by the Town Council, and the Town shall not be obligated to advance any money to the Authority pursuant to the terms hereof. If amounts are appropriated ATTACHMENT C 3 by the Town Council, such amounts may be paid directly to the Authority by the Town or, at the request of the Authority, paid to third-parties by the Town on behalf of the Authority. Each amount advanced shall constitute a loan to the Authority in an amount equal to such advance, to be repaid as provided herein. (c) The Town hereby authorizes the Authority to utilize the services of certain Town employees as determined by the Town to assist the Authority in work related to the Plan and the Project. The Authority shall, upon request of the Town, reimburse the Town for the applicable percentage of each such employees’ wages or salary and benefits, as set forth in writing by the Town. The use of such employees by the Authority and the proportionate cost of their services shall be deemed an advance by the Town and the obligation to pay for such services is hereby designated a loan from the Town to the Authority to be repaid as provided herein. The Town may, in its discretion, choose not to seek reimbursement of such costs in order to assist the Authority with the implementation of the Plan. (d) The Town shall retain the right to establish the employees’ wages or salary and benefits, and the right to discharge, reassign, or hire employees to perform the services required by the Authority. Except for the percentage of time devoted to the Authority activities which shall be under the direction or control of the Executive Director of the Authority, the Town retains the right to direct and control the employees. The Town, as the employer, has the responsibility for payment of salary or wages to the employee, and for reporting, withholding, and paying any applicable taxes with respect to the employees’ wages or salary and payment of Town sponsored employee benefit plans and payment of unemployment compensation insurance as may be required. The Town also retains the right to provide for the welfare and benefit of employees through such programs as professional training. The Authority shall not have any responsibility for the payment or reporting of remuneration paid to the Town’s employees, all of such responsibilities being the obligation of the Town. The Town intends to retain the right to maintain the employment relationship between the Town and its employees on a long term, and not a temporary basis. (e) In the event of any employment related issues with employees assigned to work with the Authority, the Executive Director of the Authority shall report such concerns or issues promptly to the Town Manager, who shall be responsible for addressing such concerns. (f) Any advances or loans made pursuant to this Agreement, including any Prior Advance, shall be reimbursed to the Town to the extent there are Pledged Revenues available for such purposes pursuant to the Bond Resolution. To the extent that such advances and/or loans are not paid, the Town may, by resolution, forgive all or any portion of such advances and/or loans at any time. (g) Any other amounts advanced or loaned to the Authority by the Town or payments made or debts incurred by the Town on behalf of the Authority relating to the Plan, the Urban Renewal Project, the Bonds or the Project may be designated a loan from the Town to the Authority to be repaid as provided herein. ATTACHMENT C 4 5. PAYMENT. (a) All amounts payable by the Authority to the Town hereunder, including any Prior Advances, shall constitute subordinate obligations for purposes of the Bond Resolution. The Authority shall cause such amounts to be paid from and to the extent of Pledged Revenues available for the payment of subordinate obligations in accordance with the Bond Resolution. All amounts payable by the Authority to the Town hereunder shall be on a pari passu basis with all amounts payable by the Authority to the Town under the 2013 Cooperation Agreement. (b) Due to the benefits gained by the Town from the Urban Renewal Project, no interest will be due on the amounts advanced or loaned to the Authority by the Town unless the Town and the Authority agree in writing that interest shall be paid on any such loans or advances. 6. FURTHER COOPERATION. (a) The Town shall continue to make available such employees of the Town as may be necessary and appropriate to assist the Authority in carrying out any authorized duty or activity of the Authority pursuant to the Urban Renewal Law, the Plan, the Urban Renewal Project, the Bonds or the Project, or any other lawfully authorized duty or activity of the Authority. (b) The Town agrees to assist the Authority by pursuing all lawful procedures and remedies available to it to collect and transfer to the Authority on a timely basis all Pledged Revenues. (c) The Town agrees to pay to the Authority any Pledged Revenues when, as and if received by the Town, but which are due and owing to the Authority pursuant to the Urban Renewal Plan. 7. SUBORDINATION. The Authority’s obligations pursuant to this Agreement, including any Prior Advances, are subordinate to the Authority’s obligations for the repayment of any current or future bonded indebtedness. For purposes of this Agreement, the term “bonded indebtedness,” “bonds” and similar terms describing the possible forms of indebtedness include all forms of indebtedness that may be incurred by the Authority, including, but not limited to, general obligation bonds, revenue bonds, revenue anticipation notes, tax increment notes, tax increment bonds, and all other forms of contractual indebtedness of whatsoever nature that is in any way secured or collateralized by revenues of the Authority, and including the Bonds. 8. GENERAL PROVISIONS. (a) Dispute Resolution. If a dispute arises between the parties relating to this Agreement, the parties agree to submit the dispute to mediation prior to filing litigation. (b) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado and shall be subject to the limitations, if any, that are applicable under the Charter or the ordinances of the Town. ATTACHMENT C 5 (c) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the Town or its officials, representatives, consultants or employees as the agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants or employees as agents of the Town. Each entity shall remain a separate legal entity pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations or liabilities of the other. (d) Third Parties. Neither the Town nor the Authority shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto. (e) Modifications. No modification or change of any provision in this Agreement shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by both parties and incorporated as a written amendment to this Agreement. Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement. (f) Entire Agreement. This Agreement shall represent the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts. (g) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. (h) Notices. All notices and other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by first class mail, postage prepaid, addressed as follows: If to the Town: Town of Avon, Colorado P.O. Box 975 Avon, Colorado, 81620 Attention: Town Manager If to the Authority: Avon Urban Renewal Authority P.O. Box 975 Avon, Colorado, 81620 Attention: Executive Director The Town or the Authority may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent or any further or different means by which notices may be sent. ATTACHMENT C 6 (i) Termination. This Agreement may not be terminated by either party so long as the Bonds are outstanding. So long as the Authority does not have any outstanding Bonds and does not owe any amounts to the Town under this Agreement, either party may terminate this Agreement in writing upon thirty (30) days written notice to the other party. (j) Assignment. This Agreement shall not be assigned, in whole or in part, by either party without the written consent of the other. (k) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity. ATTACHMENT C 7 IN WITNESS HEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date above. AVON URBAN RENEWAL TOWN OF AVON, COLORADO AUTHORITY By: By: Chairperson Mayor ATTEST: ATTEST: Executive Director/Secretary Town Clerk APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM By: By: Authority Attorney Town Attorney ATTACHMENT C AVON URBAN RENEWAL AUTHORITY TAX INCREMENT REVENUE BONDS, SERIES 2017 PAYING AGENT AND REGISTRAR AGREEMENT THIS AGREEMENT, dated as of January 5, 2017 (this “Agreement”), is by and between the Avon Urban Renewal Authority, in the County of Eagle and State of Colorado (the “Authority”), and UMB Bank, n.a., in its capacity of Registrar and Paying Agent (the “Bank”). WITNESSETH: WHEREAS, by resolution of the Board of County Commissioners of the Authority, duly adopted on December 13, 2016 (the “Bond Resolution”), the Authority has authorized the issuance of its Tax Increment Revenue Bonds, Series 2017, in the original principal amount of $3,000,000 (the “Bonds”); and WHEREAS, the terms and provisions of the Bonds are further set forth in a Sale Certificate (the “Sale Certificate”) executed and delivered in accordance with the terms and provisions of the Bond Resolution; and WHEREAS, capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Bond Resolution; and WHEREAS, it is mutually desirable to the Authority and the Bank that the Bank, through its Corporate Trust Department located in Denver, Colorado, act as Registrar and Paying Agent for the Bonds; and WHEREAS, it is mutually desirable that this Agreement be entered into between the Authority and the Bank to provide for certain aspects of such Registrar and Paying Agent services. NOW, THEREFORE, the Authority and the Bank, in consideration of the mutual covenants herein contained, agree as follows: 1. The Authority hereby appoints the Bank and the Bank hereby accepts all duties and responsibilities of the Registrar and Paying Agent as provided in the Bond Resolution, the Sale Certificate and this Agreement. The Bank shall cause the Bonds to be honored in accordance with their terms, provided that the Authority causes to be made available to the Bank ATTACHMENT D 2 all funds necessary in order to so honor the Bonds. Nothing in this Agreement shall require the Bank to pay or disburse any funds in excess of the amount then on deposit in the “Principal and Interest Payment Account” provided for in Section 2 of this Agreement. Nothing in this Agreement shall require the Authority to pay or disburse any funds for payment of the Bonds or interest thereon except at the times and in the manner provided in the Bond Resolution and the Sale Certificate. In addition, the Bank hereby accepts, including, without limitation, the duties and responsibilities pertaining to the authentication, registration, transfer, exchange and replacement of Bonds, and the duties and responsibilities pertaining to the calling of the Bonds for prior redemption, all as provided in the Bond Resolution and the Sale Certificate. 2. Not less than (a) one business day prior to each payment date, if funds are delivered by wire transfer, or (b) three business days prior to each payment date if funds are delivered by another method of payment, funds for the payment of the Bonds and interest thereon are to be deposited by the Authority with the Bank in an account designated “Principal and Interest Payment Account.” The funds so deposited shall be held and applied by the Bank through its Corporate Trust Department solely for the payment of principal of and interest on the Bonds. From such funds, the Bank agrees to pay at the times and in the manner provided in the Bond Ordinance, the principal of, interest on and redemption premium, if any, on the Bonds. In the event a payment date is not a business day, the Bank shall make the principal and/or interest payment on the following business day with the same effect as if it had been made on the date scheduled for such payment. The Bank shall not be required to invest or to pay interest on any funds of the Authority for any period during which such funds are held by the Bank awaiting the presentation of the Bonds for payment. 3. There is hereby created and established with the Bank an account to be designated “Avon Urban Renewal Authority, Tax Increment Revenue Bonds, Series 2017, Costs of Issuance Account” (the “Costs of Issuance Account”). There shall be deposited into the Costs of Issuance Account an amount equal to $_________ from the proceeds of the Bonds. The Bank shall use the funds on deposit in the Costs of Issuance Account to pay the costs of issuance of the Bonds upon the written direction of the Authority. The Bank may rely conclusively on any such direction and shall not be required to make any independent investigation in connection therewith. Moneys held as part of the Costs of Issuance Account shall remain uninvested. Any amounts remaining in the Costs of Issuance Account ninety (90) days after closing shall be ATTACHMENT D 3 transferred to the Authority subject to written confirmation from the Authority to the Bank that all costs of issuance have been paid. 4. The Authority shall pay to the Bank fees in accordance with its then existing fee schedule. No new fee schedule shall become effective until 30 days after the Bank has given the Authority notice thereof. 5. Unless waived by the Bank, the Authority agrees to provide the Bank with not less than 45 days’ notice of any prior redemption of the Bonds. 6. Any moneys held by the Bank for the owners of the Bonds remaining unclaimed for one year after principal and interest of the respective Bonds with respect to which such moneys have been set aside become due and payable shall without further request by the Authority be paid to the Authority. 7. This Agreement may be terminated as provided in the Bond Resolution. 8. In the event of any conflict between the provisions of this Agreement and the provisions of the Bond Resolution, the provisions of the Bond Resolution shall be controlling. 9. The rights of the Authority under this Agreement shall be deemed to be a contract made under and shall be construed in accordance with and governed by the laws of the State of Colorado. Jurisdiction and venue for any disputes related to this Agreement shall be in a District Court for the State of Colorado. 10. The parties hereto agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. 11. If any section, subsection, paragraph, clause or other provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions of this Agreement. 12. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. ATTACHMENT D 4 IN WITNESS WHEREOF, the Bank and the Authority have caused this Agreement to be duly executed and delivered as of the day and year first above written. AVON URBAN RENEWAL AUTHORITY, COLORADO By: _______________________________________ Chairperson (SEAL) Attest: Executive Director/Secretary UMB BANK, n.a., As Registrar and Paying Agent By: _______________________________________ Title: Authorized Officer ATTACHMENT D KUTAK ROCK LLP DRAFT 12/06/2016 PROJECT FUND AGREEMENT THIS PROJECT FUND AGREEMENT, dated January __, 2017 (this “Project Fund Agreement”), by and among the AVON URBAN RENEWAL AUTHORITY, a body corporate and politic duly organized and validly existing under the laws of the State of Colorado (the “Authority”), ALPINE BANK, a Colorado banking corporation, in its capacity as purchaser (the “Purchaser”) and ALPINE BANK, a Colorado banking corporation, in its capacity as escrow agent (the “Escrow Agent”); W I T N E S S E T H: WHEREAS, the Board of Commissioners of the Authority (the “Board”) has authorized the issuance of the Authority’s Tax Increment Revenue Bonds, Series 2017 (the “Bonds”) by an authorizing resolution adopted by the Board on December 13, 2016 (the “Resolution”) (all capitalized terms not otherwise defined herein shall have the meanings set forth in the Resolution); and WHEREAS, pursuant to the Resolution, the Purchaser is providing, the sum of $3,000,000 (the “Purchase Price”) to be available in one or more draws for the purpose of defraying in whole or in part the costs of the Project and the costs of issuing the Bonds; and WHEREAS, the Authority and the Purchaser now desire to provide for the safekeeping, investment and disbursement of a portion of such monies provided by the Purchaser; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: Section 1. There is hereby created and established with the Escrow Agent an irrevocable escrow fund (the “Project Fund”) to be held in the custody of the Escrow Agent separate and apart from other funds of the Escrow Agent or the Authority. The Escrow Agent acknowledges receipt of $__________ for application to the Project, as further described herein. The Escrow Agent and the Authority acknowledge and agree that the Project Fund and all proceeds thereof are being held by the Escrow Agent for disbursement or return as set forth herein. The Authority hereby grants to the Purchaser a first priority security interest in the Project Fund, and all proceeds thereof, and all investments made with any amounts in the Project Fund, subject to the terms and provisions of the Resolution. The Escrow Agent agrees that the Project Fund shall be held irrevocably in trust for the account and benefit of the Authority and the Purchaser, respectively. To the limited extent required to perfect the security interest granted by the Authority to the Purchaser in the cash and negotiable instruments from time to time comprising the Project Fund, the Purchaser hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent, and the Escrow Agent agrees to hold physical possession of such cash and negotiable instruments as security for the obligations of the Authority pursuant to the Resolution; provided that the Escrow Agent shall have no responsibility for the perfection of the Purchaser’s security interest in the Project Fund. The Project Fund shall not be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with ATTACHMENT E 2 respect to the security interest therein held by the Purchaser) and all funds on deposit in the Project Fund shall be deposited into a lien-waiver account within such Project Fund. Section 2. On the date hereof, the Escrow Agent has received on behalf of the Authority the sum of $____________ representing the Purchase Price less the Authority’s costs of execution, issuance and delivery. As of the date hereof, the Escrow Agent shall deposit such sum into the lien waiver account of the Project Fund. Section 3. Monies held in the Project Fund shall be promptly invested and reinvested by the Escrow Agent, subject to the Authority’s written direction, in any security or deposit account authorized by law. No investment shall be made in a security maturing later than the date on which the Authority reasonably anticipates needing such funds for the payment of the costs of the Project. The Authority shall notify the Escrow Agent as to the dates on which funds are needed for disbursement and the estimated amount of each such disbursement and the Escrow Agent may rely upon this information in connection with all investment or reinvestment of funds. In the absence of written investment direction from the Authority, the Escrow Agent shall hold all amounts in the Project Fund un-invested. All interest earnings from such investments shall be held in the Project Fund and invested according to the written direction of the Authority, subject to application as provided herein. Section 4. The Escrow Agent shall disburse funds from the Project Fund upon receipt of a written request and certification from the Authority, filed with the Escrow Agent and the Purchaser (who shall notify the Authority of its disapproval of any such request within three days) in substantially the form attached as Exhibit A hereto, setting forth the following: (1) the amount to be disbursed, (2) the address to which such funds are to be forwarded, (3) a brief description of the purpose of the payment, and (4) a statement that the expenditure for which funds are requested was or will be properly applied in connection with the acquisition, construction or installation of the Project or for the costs of execution, issuance and delivery of the Bonds, and that the amounts being requested pursuant to the proposed disbursement were not subject to a previous draw; and (5) a statement that no Event of Default has occurred and is continuing under the Bonds or any related Bond documents. The request shall contain as attachments copies of any bills, receipts, invoices, or other documents received by the Authority since the last disbursement hereunder, as well as executed acknowledgements of payments of all sums due and releases of mechanic’s and materialmen’s liens satisfactory to the Purchaser from any party having lien rights, which acknowledgements of payment and releases of liens shall cover all work, labor, equipment, materials done, supplied, performed, or furnished prior to such request; provided that the Escrow Agent shall have no obligation to review any such documentation accompanying the request in the form of Exhibit A. The Authority agrees to submit to the Escrow Agent and the Purchaser such disbursement request in substantially the form attached hereto as Exhibit A and such other documents and certificates as the Purchaser may reasonably request to evidence the proper expenditure of the monies in the Project Fund for the purposes of acquiring, constructing and installing the Project. The Escrow Agent has no duty to ascertain the correctness of any documents submitted in connection with any direction to disburse funds. In the event the Purchaser in good faith disagrees with any requisition and notifies the Escrow Agent of its disapproval within three days of the delivery of the requisition, then the Authority and the Purchaser shall use reasonable efforts to reach an agreement with ATTACHMENT E 3 respect to the disputed requisition during the thirty (30) days following such delivery. Upon receipt of such notification by the Purchaser, the Escrow Agent shall only cause a disbursement of funds upon the receipt of a written agreement between the Purchaser and the Authority. If the Purchaser and the Authority are unable to resolve the disputed items during the thirty (30) day period, the matter shall be resolved by binding court order. The Escrow Agent shall disburse funds within five (5) business days of receipt of a request and certification from the Authority or receipt of a written agreement between the Purchaser and the Authority; provided that such disbursement shall not be required to be made any earlier than the expiration of the three day period during which the Purchaser may disapprove a draw request as provided above in this Section 4. Section 5. The Escrow Agent agrees that (a) the Escrow Agent shall keep and maintain adequate records pertaining to the accounts in the Project Fund; (b) the Escrow Agent shall make all disbursements from the Project Fund as reasonably directed in writing by the Authority with the consent of the Purchaser and (c) after the Project has been completed and the Authority delivers a certificate to the Purchaser and the Escrow Agent stating that, to the best of the Authority’s knowledge based upon the representations of the related contractors, engineers, vendors or other consultants, and except for any amounts estimated by the Authority to be necessary for payment of any costs of the Project not then due and payable, the Project has been completed and accepted by the Authority, and all costs of the Project have been paid (the “Certificate of Completion”), the Escrow Agent shall file an accounting thereof with the Authority and the Purchaser. Upon making the disbursements as provided in Section 4 of this Agreement and receipt of the Certificate of Completion, the Escrow Agent shall remit any remaining balance to the Authority, who shall apply such amounts in accordance with the Tax Certificate executed by the Authority in connection with the issuance of the Bonds. Section 6. In the event that the Escrow Agent receives written notice that an Event of Default has occurred under the Bonds or any related Bond documents prior to the final disbursement of funds from the Project Fund, monies on deposit in the Project Fund shall be applied in accordance with the terms and provisions of the Resolution. Section 7. The Authority will proceed with the acquisition, construction and installation of the Project without delay and with due diligence. In the event that the net proceeds of the Bonds are not sufficient to pay all Project Costs, the Authority or the Town shall pay any such additional Project Costs, subject to appropriation. Section 8. This Project Fund Agreement may be modified or amended only with the written consent of all parties hereto. Section 9. The Escrow Agent, as escrow agent hereunder, shall have no duties or responsibilities other than those expressly set forth in this Agreement, and no implied duties or obligations shall be read into this Agreement against the Escrow Agent. The Escrow Agent, as escrow agent hereunder, shall have no duty to enforce any obligation of any person, other than as provided herein. The Escrow Agent shall be under no liability to anyone by reason of any failure on the part of any party hereto or any maker, endorser or other signatory of any document or any other person to perform such person’s obligations under any such document. ATTACHMENT E 4 The Escrow Agent acts hereunder as a depository only. The Escrow Agent is not responsible or liable in any manner for the sufficiency, correctness, genuineness or validity of this Project Fund Agreement or with respect to the form of execution of the same. The Escrow Agent shall not be liable for any action taken or omitted by it, or any action suffered by it to be taken or omitted, in good faith, and in the exercise of its own best judgment, and may rely conclusively and shall be protected in acting upon any order, notice, demand, certificate, opinion or advice of counsel (including counsel chosen by the Escrow Agent), statement, instrument, report or other paper or document (not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and acceptability of any information therein contained) which is believed by the Escrow Agent to be genuine and to be signed or presented by the proper person(s). The Escrow Agent shall not be held liable for any error in judgment made in good faith by an officer or employee of the Escrow Agent unless it shall be proved that the Escrow Agent was grossly negligent in ascertaining the pertinent facts or acted intentionally in bad faith. The Escrow Agent shall not be bound by any notice of demand, or any waiver, modification, termination or rescission of this Agreement or any of the terms hereof, unless evidenced by a writing delivered to the Escrow Agent signed by the proper party or parties and, if the duties or rights of the Escrow Agent are affected, unless it shall give its prior written consent thereto. The Escrow Agent may consult legal counsel in the event of any dispute or question as to the construction of any provisions hereof or its duties hereunder, and it shall incur no liability and shall be fully protected in acting in accordance with the opinion or instructions of such counsel. In the event that the Escrow Agent shall become involved in any arbitration or litigation relating to the escrowed funds hereunder, the Escrow Agent is authorized to comply with any decision reached through such arbitration or litigation. To the extent allowable under applicable law, the Authority hereby agrees to indemnify the Escrow Agent for, and to hold it harmless against any loss, liability or expense incurred in connection herewith without negligence, gross negligence or willful misconduct on the part of the Escrow Agent, including without limitation legal or other fees arising out of or in connection with its entering into this Agreement and carrying out its duties hereunder, including without limitation the costs and expenses of defending itself against any claim of liability in the premises or any action for interpleader. The Escrow Agent shall be under no obligation to institute or defend any action, suit, or legal proceeding in connection herewith, unless first indemnified and held harmless to its satisfaction in accordance with the foregoing, except that the Escrow Agent shall not be indemnified against any loss, liability or expense arising out of its own negligence, gross negligence or willful misconduct. Such indemnity shall survive the termination or discharge of this Agreement or resignation of the Escrow Agent. Section 10. Pursuant to Section 1, the Authority shall pay certain fees in connection with the performance of the Escrow Agent’s ordinary services hereunder. Additionally, Escrow Agent is entitled to fees for extraordinary services and reimbursement of any out of pocket and extraordinary costs and expenses, including, but not limited to, attorneys’ fees. All of Escrow Agent’s compensation, costs and expenses shall be paid by the Authority. ATTACHMENT E 5 Section 11. This Agreement shall terminate when all transfers required to be made with respect to the Project Fund by the Escrow Agent under the provisions hereof shall have been made. In the event that all amounts held by the Escrow Agent hereunder shall have not been expended as provided therein by the date that is three years from the date of this Agreement, this Agreement shall terminate and such unexpended amounts shall be remitted to the Authority. Section 12. If any one or more of the covenants or agreements provided in this Project Fund Agreement on the part of the Escrow Agent or the Authority to be performed shall be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Project Fund Agreement. Section 13. This Project Fund Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. Section 14. This Project Fund Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. Section 15. All notices hereunder, including requisitions of funds from the Escrow Agent, may be given by mail or electronically, if to the Authority, to: Avon Urban Renewal Authority, P.O. Box 975, Avon, CO 81620, Attention: ____________; if to the Purchaser, to: Alpine Bank Avon, 400 7th Street South, Rifle, CO 81650, Attention: _____________; and if to the Escrow Agent, to: Alpine Bank Avon, 400 7th Street South, Rifle, CO 81650, Attention: ____________; in any case promptly confirmed by mailing a copy to the addresses set forth above. Section 16. The Escrow Agent may resign and be discharged of the trust created in Section 1 hereof by written resignation filed with the Authority and the Purchaser not less than thirty (30) days before the date it is proposed to take effect. Such resignation shall take effect only upon the appointment of a successor Escrow Agent. Any escrow agent hereunder may be removed at any time by an instrument appointing a successor to the escrow agent so removed, executed by the Authority and the Purchaser. If the Escrow Agent or any successor escrow agent resigns or is removed or dissolved, or if its property or business is taken under the control of any state or federal court or administrative body, a vacancy shall forthwith exist in the office of the Escrow Agent, and the Authority shall appoint a successor and shall mail notice of such appointment by registered or certified mail to the Purchaser; provided, however, that if there shall have occurred an Event of Default under the Bonds or any of the related Bond documents, then the Purchaser may remove the Escrow Agent and appoint a successor at its sole discretion.. If the Authority fails to make such appointment within thirty (30) days after the date notice of resignation is filed, the Purchaser may do so. If the Purchaser fails to make sure appointment within sixty (60) days after the day notice of resignation is filed, the Escrow Agent may petition any court for the appointment of a successor escrow agent. ATTACHMENT E 6 Any successor escrow agent shall be a national bank with trust powers or a bank or trust company, in each case having capital and surplus of at least $50,000,000 if there be one able and willing to accept the escrow on reasonable and customary terms. Section 17. In the event of any dispute between the Authority and the Purchaser as to the facts of default, the validity or meaning of these instructions or any other fact or matter relating to the transaction between the parties, the Escrow Agent is instructed as follows: That it shall be under no obligation to act or make any disbursement of any monies held by it hereunder, except under process or order of court or joint written direction of the Authority and the Purchaser, and shall sustain no liability for its failure to act pending such process or court order or joint written direction of the Authority and the Purchaser; That it may in its sole and absolute discretion, deposit the property herein or so much thereof as remains in its hands with the then Secretary of the Board, or acting Secretary of the Board, interplead the parties hereto, and upon so depositing such property and filing its complaint in interpleader it shall be relieved of all liability under the terms hereof as to the property so deposited, and furthermore, the parties hereto for themselves, their heirs, legal representatives, successors and assigns do hereby submit themselves to the jurisdiction of said court. The institution of any such interpleader action shall not impair the rights of the Escrow Agent under Section 9 of this Project Fund Agreement. Section 18. The Purchaser agrees to provide the Escrow Agent completed Forms W-9 (or forms W-8, in the case of non-U.S. persons) and other forms and documents that the Escrow Agent may reasonably request at the time of execution of this Agreement and the Authority and the Purchaser agree to provide any information reasonably requested by the Escrow Agent to comply with the USA Patriot Act of 2001, as amended from time to time. [Remainder of page intentionally left blank] ATTACHMENT E 7 IN WITNESS WHEREOF, the parties have executed this Project Fund Agreement as of the ___ day of January, 2017. AVON URBAN RENEWAL AUTHORITY, as Authority By: Chairperson ATTEST: By: Secretary ATTACHMENT E 8 ALPINE BANK, A COLORADO BANKING CORPORATION, as Escrow Agent By: Name: Title: ALPINE BANK, A COLORADO BANKING CORPORATION, as Purchaser By: Name: Title: ATTACHMENT E 4842-4446-4701.3 EXHIBIT A FORM OF REQUISITION Alpine Bank, A Colorado Banking Corporation Attention: ____________ 400 7th Street South Rifle, CO 81650 Ladies and Gentlemen: The undersigned Avon Urban Renewal Authority (the “Authority”), pursuant to Section 4 of the Project Fund Agreement dated January __, 2017 (the “Project Fund Agreement”) by and between the Authority and Alpine Bank, a Colorado Banking Corporation, acting as escrow agent (the “Escrow Agent”), hereby requests payment of the following sums from the Project Fund held by the Escrow Agent under the Project Fund Agreement. (Capitalized terms used herein and not otherwise defined shall have the same meanings, respectively, as in the Project Fund Agreement): Amount: $ Name and Address of Payee: Describe Nature of Obligation: Amount: $ Name and Address of Payee: Describe Nature of Obligation: In connection with such request, we certify and warranty as follows: 1. the expenditure(s) for which such funds are requested was (were) or will be properly applied in connection with the construction of the Project or for the costs of preparation, execution, issuance and delivery of the Bonds, and the amounts being requested were not subject to a previous draw; 2. no Event of Default has occurred and is continuing under the Bonds or any related Bond documents; and ATTACHMENT E 4842-4446-4701.3 3. there has been no material adverse change in the financial condition of the Authority since the date of the last requisition from the Project Fund. AVON URBAN RENEWAL AUTHORITY, as Authority By: Authorized Officer In accordance with Section 4 of the Project Fund Agreement, the Purchaser may indicate its disapproval of this request by checking the box below and delivering this page to the Authority or by other appropriate means within three (3) days of the date first set forth above. Disapproved ALPINE BANK, as Purchaser By: Title: ATTACHMENT E AVON URBAN RENEWAL AUTHORITY COMMISSIONERS REPORT To: Chairperson Jennie Fancher and URA Commissioners From: Scott Wright, Treasurer Date: December 13, 2016 Re: Resolution No. 16-05 Action Before the Commission Resolution No. 16-05, a resolution that allows project costs related to the new Town Hall project, incurred prior to the issuance of the tax increment bonds, to be reimbursed to the urban renewal authority from the bond proceeds. Proposed Motion “Move to approve Resolution No. 16-05, a resolution expressing the intent of the Board to be reimbursed for certain expenses relating to the financing of Town Hall”. Summary As stated above, this resolution allows the Avon URA to be reimbursed from bond proceeds for costs related to the new Town Hall project that had to be expended prior to the issuance of the bonds. In this case, a new gas line had to be run by Excel Energy because the old gas line that was run from the Sheraton was disconnected. In addition, the URA has been expending funds for architectural fees which are intended to be paid from bond proceeds. The URA plans to issue the bond on January 5, 2017. At that time a requisition will be forwarded to Alpine Bank to release funds from the project escrow account back to the URA for reimbursement. Exhibits and Attachments: A - Resolution No. 16-05 1 AVON URBAN RENEWAL AUTHORITY RESOLUTION 16-05, SERIES OF 2016 A RESOLUTION EXPRESSING THE INTENT OF THE BOARD TO BE REIMBURSED FOR CERTAIN EXPENSES RELATING TO THE FINANCING OF TOWN HALL. WHEREAS, it is the current intent of the Board of Commissioners (the “Board”) of the Avon Urban Renewal Authority (the “Authority”) to acquire, construct and install various improvements to the new Town Hall (the “Project”) of the Town of Avon, Colorado (the “Town”), which is located in the Town at Mountain Vista Resort Subdivision, Lot 4-140 Mikaela Way; and WHEREAS, the Board currently believes that it is in the best interest of the Authority to finance the Project through the issuance of its Tax Increment Revenue Bonds, Series 2017; and WHEREAS, the Board has determined that it may be necessary to make capital expenditures related to the Project prior to the time that the Authority arranges for the specific financing of such Project; and WHEREAS, it is the Board’s reasonable expectation that when such financing occurs, the capital expenditures will be reimbursed with the proceeds of the financing; and WHEREAS, in order to comply with the provisions of the Internal Revenue Code of 1986, as amended, it is the Board’s desire that this resolution shall constitute the “official intent” of the Board to reimburse such capital expenditures within the meaning of Treasury Regulation §1.150-2. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the Board and the officers, employees and agents of the Authority directed toward the acquisition, construction, installation and financing of the Project is hereby ratified, approved and confirmed. Section 2. The Authority intends to finance approximately $3,000,000 to pay the costs of the Project, including the reimbursement of certain costs incurred by the Authority prior to the receipt of any proceeds of a financing, upon terms acceptable to the Authority, as authorized in a resolution to be hereafter adopted and to take all further action which is necessary or desirable in connection therewith. Section 3. The officers, employees and agents of the Authority shall take all action necessary or reasonably required to carry out, give effect to and consummate the 2 transactions contemplated hereby and shall take all action necessary or desirable to acquire, construct, install and finance the Project and to otherwise carry out the transactions contemplated by the resolution. Section 4. The officers and employees of the Authority are hereby authorized and directed to take all action necessary or appropriate to effectuate the provision of this resolution. Section 5. The Authority shall not use reimbursed moneys for purposes prohibited by Treasury Regulation §1.150-2(h). Section 6. This resolution is intended to be a declaration of “official intent” to reimburse expenditures within the meaning of Treasury Regulation §1.150-2 Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 8. All acts, orders and resolutions of the Board, and parts thereof, inconsistent with this resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 9. The resolution shall in full force and effect upon its passage and approval. 3 PASSED THIS DECEMBER 13, 2016, BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY. AVON URBAN RENEWAL AUTHORITY By:_____________________________________ Chairperson of the Board of Commissioners (SEAL) ATTEST: Executive Director APPROVED AS TO LEGAL FORM: Attorney for the Authority 4 STATE OF COLORADO ) ) SS. AVON URBAN RENEWAL ) AUTHORITY ) I, Virginia Egger, the Executive Director/Secretary of the Avon Urban Renewal Authority (the “Authority”), do hereby certify that: a. The foregoing pages are a true and correct copy of a resolution (the “Resolution”) passed and adopted by the Board of Commissioners of the Authority (the “Board”) at a regular meeting held on December 13, 2016. b. The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of December 13, 2016, by an affirmative vote of a majority of the members of the Board as follows: Name “Yes” “No” Absent Jennie Fancher, Chairperson Megan Burch Matt Gennett Scott Prince Amy Phillips Sarah Smith Hymes Jake Wolf c. The members of the Board were present at such meetings and voted on the passage of such Resolution as set forth above. d. The Resolution was approved and authenticated by the signature of the Chairperson or Vice Chairperson of the Board, sealed with the Authority seal, attested by the Executive Director/Secretary of the Board and recorded in the minutes of the Board. e. There are no bylaws, rules or regulations of the Board which might prohibit the adoption of said Resolution. f. Notice of the meeting of December 13, 2016, in the form attached hereto as Exhibit A, was posted in at the Avon Town Hall, Avon Municipal Complex, and One Lake Street, in the Town of Avon, not less than twenty-four hours prior to the meeting in accordance with law. 5 WITNESS my hand and the seal of said Authority affixed December 13, 2016. Executive Director/Secretary (SEAL) A-1 EXHIBIT A (Attach Notice of Meeting of December 13, 2016) TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR NOVEMBER 15, 2016 AVON TOWN HALL, ONE LAKE STREET URA 11-15-2016 Minutes .docx 1. CALL TO ORDER & ROLL CALL Chairman Fancher called the meeting to order at 8:58 p.m. A roll call was taken and Authority members present were Buz Reynolds, Megan Burch, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Executive Assistant to the Town Manager Preston Neill and Authority Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA No comments were made. 4. ACTION ITEM 4.1. CONSENT AGENDA 4.1.1. APPROVAL OF BUTLER SNOW ENGAGEMENT LETTER (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.1.2. APPROVAL OF OCTOBER 25, 2016 URA MEETING MINUTES (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Authority member Reynolds moved to approved consent agenda. Authority Member Burch seconded the motion and it passed unanimously by those present. 5. WRITTEN REPORT 5.1. BOND ISSUANCE SCHEDULE AND TERM SHEET FOR SERIES 2016 TAX INCREMENT FINANCING REVENUE BONDS FOR THE URA TENANT FINISHES AT THE NEW TOWN HALL ( ASSISTANT TOWN MANAGER SCOTT WRIGHT) 6. ADJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 8:59 p.m. RESPECTFULLY SUBMITTED: __________________________________________ Debbie Hoppe, Authority Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ______________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: December 13, 2016 Agenda Topic: Resolution No. 16-34, Moral Obligation Resolution Action Before the Council A resolution concerning the Avon Urban Renewal Authority’s Series 2017 Tax Increment Bonds, Authorizing the Town Manager to Request the Town Council Fund any Deficiencies in the Bond Account Pledged to the Payment of Such Bonds, and Authorizing the 2017 Cooperation Agreement. Proposed Motion “Move to approve Resolution No. 16-34, a resolution concerning the Avon Urban Renewal Authority and its Tax Increment Revenue Bonds, Series 2017; authorizing and directing actions by the Town Manager with respect to the preparation of requests to the Town Council for appropriation of moneys to fund any deficiencies in the bond account pledged to the payment of such bonds; authorizing the 2017 Cooperation Agreement; and other actions taken by the Town in connection therewith”. Summary This resolution, creates a moral obligation, but not legal, obligation on behalf of the Town, to fund any deficiencies of pledged revenues for the Avon Urban Renewal Tax Increment Revenue Bonds, Series 2017. The resolution states that it is the intention and expectation of the Town Council to appropriate such funds necessary, within the limits of available funds and revenues, but this declaration of intent is not be binding upon the Town Council or any future Town Council in any future fiscal year. The Town Council may determine in its sole discretion, but shall never be required, to make the appropriations so requested. Exhibits and Attachments: Attachment A - Resolution No. 16-34, page 1-5, Exhibit A Attachment B – 2017 Cooperation Agreement, pages 1-7 TOWN OF AVON RESOLUTION NO. 16-34, SERIES 2016 A RESOLUTION CONCERNING THE AVON URBAN RENEWAL AUTHORITY AND ITS TAX INCREMENT REVENUE BONDS, SERIES 2017; AUTHORIZING AND DIRECTING ACTIONS BY THE TOWN MANAGER WITH RESPECT TO THE PREPARATION OF REQUESTS TO THE TOWN COUNCIL FOR APPROPRIATION OF MONEYS TO FUND ANY DEFICIENCIES IN THE BOND ACCOUNT PLEDGED TO THE PAYMENT OF SUCH BONDS; AUTHORIZING THE 2017 COOPERATION AGREEMENT; AND OTHER ACTIONS TAKEN BY THE TOWN IN CONNECTION THEREWITH. WHEREAS, the Town Council (the “Town Council”) of the Town of Avon, Colorado (the “Town”), by Resolution No. 07-20, adopted June 26, 2007, created the Avon Urban Renewal Authority of the Town (the “Authority”); and WHEREAS, pursuant to Resolution No. 07-27, adopted on August 14, 2007, and as amended pursuant to Resolution No. 15-21, Series of 2015, on November 10, 2015, the Town approved the Town Center West Area Urban Renewal Plan, as amended (the “Plan”) pursuant to the Colorado Urban Renewal Law (the “URA Law”); and WHEREAS, the Authority intends to issue its Tax Increment Revenue Bonds, Series 2017 (the “Bonds”) in order to finance certain improvements as contemplated by the Plan (the “Project”) which will be issued pursuant to a resolution to be adopted by the Board of Commissioners of the Authority (the “Bond Resolution”); and WHEREAS, all capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Bond Resolution; and WHEREAS, pursuant to a Cooperation Agreement (the “2017 Cooperation Agreement”) between the Town and the Authority, the Town may agree, subject to conditions specified in the 2017 Cooperation Agreement, to loan funds to the Authority for the Project; and WHEREAS, the Bond Resolution requires that the Pledged Property Tax Revenues be deposited in the Revenue Fund and that moneys on deposit in the Revenue Fund be transferred each month to the Bond Account in the amounts set forth therein to pay the next installment of interest and principal on the outstanding Bonds in accordance with the Bond Resolution; and WHEREAS, the Bond Resolution contemplates that if, in any month, there are insufficient moneys on deposit in the Revenue Fund to make the payments into the Bond Account in the amounts required by the Bond Resolution, or if the Executive Director anticipates that there will be a deficiency in moneys on deposit in the Revenue Fund to make any such ATTACHMENT A 2 deposit in any given month, then the Executive Director shall immediately notify the Town Manager of any such insufficiency, and the Town Manager shall notify the Town Council of any such insufficiency in the Revenue Fund and request an appropriation or supplemental appropriation in an amount sufficient to make up any such insufficiency; and WHEREAS, the Town Council wishes to make a non-binding statement of its present intent to appropriate funds in an amount sufficient to make deposits to the Bond Account in an amount equal to any such deficiency in the Revenue Fund and to authorize and direct the Town Manager to take certain actions for the purpose of causing requests for such appropriations to be presented to the Town Council for consideration; and WHEREAS, the form of the 2017 Cooperation Agreement is on file with the Town Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Appropriations to the Bond Account. In each year the Bonds are outstanding, and as provided in the Bond Resolution, if, in any month, there are insufficient moneys on deposit in the Revenue Fund to make the transfers into the Bond Account in the amounts required by the Bond Resolution, or if the Executive Director anticipates that there will be a deficiency in moneys on deposit in the Revenue Fund to make any such transfers in any given month, then the Executive Director is required to immediately notify the Town Manager of any such insufficiency. Upon the receipt of any such notice from the Executive Director, the Town Manager shall prepare and submit to the Town Council a request for an appropriation of an amount equal to any such insufficiency, to be deposited in the Bond Account. It is the present intention and expectation of the Town Council to appropriate such funds as requested, within the limits of available funds and revenues, but this declaration of intent shall not be binding upon the Town Council or any future Town Council in any future fiscal year. The Town Council may determine in its sole discretion, but shall never be required, to make the appropriations so requested. All sums appropriated by the Town Council for such purpose shall be deposited by or on behalf of the Authority into the Bond Account. Nothing provided in this Section 1 shall create or constitute a debt, liability or multiple fiscal year financial obligation of the Town. Section 2. Repayment of Amounts Appropriated. In the event that the Town Council appropriates funds as contemplated by Section 1 hereof, any amounts actually advanced shall be treated as a loan from the Town to the Authority under the 2017 Cooperation Agreement and shall be repaid by the Authority from and to the extent of Pledged Revenues available for the payment of subordinate obligations in accordance with the Bond Resolution. Section 3. Limitation to Bonds. Unless otherwise expressly provided by a subsequent resolution of the Town Council, the provisions of this Resolution shall apply only to the funding of the Bond Account originally established in connection with the Bonds and shall not apply to any other additional obligations. ATTACHMENT A 3 Section 4. Approval and Authorization of the 2017 Cooperation Agreement. The form of the 2017 Cooperation Agreement is hereby approved. The Town shall enter into and perform its obligations under the 2017 Cooperation Agreement, in substantially the form of such document as is on file with the Town Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution, the execution thereof being deemed conclusive approval of any such changes by the Town. The Mayor or Town Manager is hereby authorized and directed to execute the 2017 Cooperation Agreement on behalf of the Town, and the Town Clerk is hereby authorized to attest to the 2017 Cooperation Agreement. Section 5. General Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 6. Effectiveness. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED December 13, 2016. TOWN OF AVON, COLORADO _______________________________________ Mayor ATTEST: APPROVED AS TO LEGAL FORM: ____________________________________ ______________________________________ Town Clerk Town Attorney ATTACHMENT A 4 STATE OF COLORADO ) ) SS. TOWN OF AVON ) I, Debbie Hoppe, the Town Clerk of the Town of Avon, Colorado, do hereby certify that: 1. The foregoing pages are a true and correct copy of a resolution (the “Resolution”) passed and adopted by the Town Council (the “Council”) at a regular meeting held on December 13, 2016. 2. The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of December 13, 2016, by an affirmative vote of a majority of the members of the Council as follows: Name “Yes” “No” Absent Jennie Fancher, Mayor Jake Wolf, Mayor Pro Tem Megan Burch Matt Gennett Amy Phillips Scott Prince Sarah Smith Hymes 3. The members of the Council were present at such meetings and voted on the passage of such Resolution as set forth above. 4. The Resolution was approved and authenticated by the signature of the Mayor of the Town, sealed with the Town seal, attested by the Town Clerk and recorded in the minutes of the Council. 5. There are no bylaws, rules or regulations of the Council which might prohibit the adoption of said Resolution. 6. Notice of the meeting of December 13, 2016, in the form attached hereto as Exhibit A, was posted at the Avon Town Hall, Avon Municipal Complex, One Lake Street, in the Town, not less than twenty-four (24) hours prior to the meeting in accordance with law. ATTACHMENT A 5 WITNESS my hand and the seal of the Town affixed December 13, 2016. ____________________________________ Town Clerk (SEAL) ATTACHMENT A A-1 Exhibit A (Form of Notice of Meeting) ATTACHMENT A Butler Snow Draft: 12.5.2016 2017 COOPERATION AGREEMENT BETWEEN THE TOWN OF AVON AND THE AVON URBAN RENEWAL AUTHORITY THIS 2017 COOPERATION AGREEMENT (this “Agreement”), dated as of January __, 2017, is made and entered into between the TOWN OF AVON, COLORADO (the “Town”) and the AVON URBAN RENEWAL AUTHORITY (the “Authority”). WHEREAS, the Town is a Colorado home rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its Town Charter; and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes (“C.R.S.”) (the “Urban Renewal Law”); and WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the Town and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and WHEREAS, the Town has heretofore approved the Avon Urban Renewal Authority Town Center West Area Urban Renewal Plan, as amended (the “Plan”) and the urban renewal project described therein (the “Urban Renewal Project”); and WHEREAS, the Urban Renewal Project has been undertaken for the public purpose of enhancing employment opportunities, eliminating existing conditions of blight, and improving the tax base of the Town; and WHEREAS, pursuant to Section 31-25-112, C.R.S., the Town is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning or undertaking of any urban renewal plans, projects, programs, works, operations or activities of the Authority, to enter into agreements with the Authority respecting such actions to be taken by the Town, and appropriating funds and making such expenditures of its funds to aid and cooperate with the Authority in undertaking the Urban Renewal Project and carrying out the Plan; and WHEREAS, the Authority has previously issued its Tax Increment Revenue Bonds, Series 2013 (the “2013 Bonds”) in order to finance the costs of refunding certain outstanding loans; and WHEREAS, in connection with the issuance of the 2013 Bonds, the Town and the Authority executed and delivered a 2013 Cooperation Agreement (the “2013 Cooperation ATTACHMENT B 2 Agreement”) pursuant to which the Town agreed, among other things, and subject to certain conditions, to loan funds to the Authority for urban renewal purposes; and WHEREAS, pursuant to a resolution adopted on December 13, 2016 (the “Bond Resolution”), the Authority has determined to issue its Tax Increment Revenue Bonds, Series 2017 (the “2017 Bonds”) to finance the acquisition, construction and installation of an improvement project, as further set forth in the Bond Resolution (the “Project”); and WHEREAS, for the purpose of providing additional security for the payment of the Bonds, the Town Council of the Town (the “Council”) has adopted its Resolution 16-__, Series 2016 (the “Moral Obligation Resolution”) declaring its nonbinding intent and expectation that, in each year the Bonds are outstanding, it will lend additional moneys to the Authority, within the limits of available funds and revenues, by making payments into the Bond Account to the extent there are insufficient Pledged Revenues to make such deposits when due; and WHEREAS, the Town Council has determined that it is in the best interest of the Town and the Authority has determined it is in the best interest of the Authority, that the 2013 Cooperation Agreement remain in full force and effect and that this Agreement shall be an additional cooperation agreement among the Town and the Authority. NOW, THEREFORE, in consideration of the mutual promises set forth below, the Town and the Authority agree as follows: 1. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Bond Resolution. 2. 2013 COOPERATION AGREEMENT. The 2013 Cooperation Agreement is hereby ratified, approved and confirmed and shall remain in full force and effect. The terms and provisions of this Agreement shall be in addition to all terms and provisions of the 2013 Cooperation Agreement. 3. PLEDGED REVENUES. (a) The Authority shall use Pledged Revenues for purposes described in the Bond Resolution and for any other lawful purpose, as permitted by the Act. (b) To the extent lawfully possible, the Town will take no action that would have the effect of materially reducing Pledged Revenues. 4. LOAN. (a) If the Council appropriates funds pursuant to the Moral Obligation Resolution, such funds shall be a loan from the Town to the Authority to be repaid as provided herein. (b) The Town may advance to the Authority amounts to be used by the Authority for costs incurred for its staffing, consultants, design, engineering, construction, and other expenses in connection with the Plan, the Urban Renewal Project and the Project, including any amounts advanced prior to the date hereof (a “Prior Advance”). Such amounts shall be subject to annual appropriation by the Town Council, and the Town shall not be obligated to advance any money to the Authority pursuant to the terms hereof. If amounts are appropriated ATTACHMENT B 3 by the Town Council, such amounts may be paid directly to the Authority by the Town or, at the request of the Authority, paid to third-parties by the Town on behalf of the Authority. Each amount advanced shall constitute a loan to the Authority in an amount equal to such advance, to be repaid as provided herein. (c) The Town hereby authorizes the Authority to utilize the services of certain Town employees as determined by the Town to assist the Authority in work related to the Plan and the Project. The Authority shall, upon request of the Town, reimburse the Town for the applicable percentage of each such employees’ wages or salary and benefits, as set forth in writing by the Town. The use of such employees by the Authority and the proportionate cost of their services shall be deemed an advance by the Town and the obligation to pay for such services is hereby designated a loan from the Town to the Authority to be repaid as provided herein. The Town may, in its discretion, choose not to seek reimbursement of such costs in order to assist the Authority with the implementation of the Plan. (d) The Town shall retain the right to establish the employees’ wages or salary and benefits, and the right to discharge, reassign, or hire employees to perform the services required by the Authority. Except for the percentage of time devoted to the Authority activities which shall be under the direction or control of the Executive Director of the Authority, the Town retains the right to direct and control the employees. The Town, as the employer, has the responsibility for payment of salary or wages to the employee, and for reporting, withholding, and paying any applicable taxes with respect to the employees’ wages or salary and payment of Town sponsored employee benefit plans and payment of unemployment compensation insurance as may be required. The Town also retains the right to provide for the welfare and benefit of employees through such programs as professional training. The Authority shall not have any responsibility for the payment or reporting of remuneration paid to the Town’s employees, all of such responsibilities being the obligation of the Town. The Town intends to retain the right to maintain the employment relationship between the Town and its employees on a long term, and not a temporary basis. (e) In the event of any employment related issues with employees assigned to work with the Authority, the Executive Director of the Authority shall report such concerns or issues promptly to the Town Manager, who shall be responsible for addressing such concerns. (f) Any advances or loans made pursuant to this Agreement, including any Prior Advance, shall be reimbursed to the Town to the extent there are Pledged Revenues available for such purposes pursuant to the Bond Resolution. To the extent that such advances and/or loans are not paid, the Town may, by resolution, forgive all or any portion of such advances and/or loans at any time. (g) Any other amounts advanced or loaned to the Authority by the Town or payments made or debts incurred by the Town on behalf of the Authority relating to the Plan, the Urban Renewal Project, the Bonds or the Project may be designated a loan from the Town to the Authority to be repaid as provided herein. ATTACHMENT B 4 5. PAYMENT. (a) All amounts payable by the Authority to the Town hereunder, including any Prior Advances, shall constitute subordinate obligations for purposes of the Bond Resolution. The Authority shall cause such amounts to be paid from and to the extent of Pledged Revenues available for the payment of subordinate obligations in accordance with the Bond Resolution. All amounts payable by the Authority to the Town hereunder shall be on a pari passu basis with all amounts payable by the Authority to the Town under the 2013 Cooperation Agreement. (b) Due to the benefits gained by the Town from the Urban Renewal Project, no interest will be due on the amounts advanced or loaned to the Authority by the Town unless the Town and the Authority agree in writing that interest shall be paid on any such loans or advances. 6. FURTHER COOPERATION. (a) The Town shall continue to make available such employees of the Town as may be necessary and appropriate to assist the Authority in carrying out any authorized duty or activity of the Authority pursuant to the Urban Renewal Law, the Plan, the Urban Renewal Project, the Bonds or the Project, or any other lawfully authorized duty or activity of the Authority. (b) The Town agrees to assist the Authority by pursuing all lawful procedures and remedies available to it to collect and transfer to the Authority on a timely basis all Pledged Revenues. (c) The Town agrees to pay to the Authority any Pledged Revenues when, as and if received by the Town, but which are due and owing to the Authority pursuant to the Urban Renewal Plan. 7. SUBORDINATION. The Authority’s obligations pursuant to this Agreement, including any Prior Advances, are subordinate to the Authority’s obligations for the repayment of any current or future bonded indebtedness. For purposes of this Agreement, the term “bonded indebtedness,” “bonds” and similar terms describing the possible forms of indebtedness include all forms of indebtedness that may be incurred by the Authority, including, but not limited to, general obligation bonds, revenue bonds, revenue anticipation notes, tax increment notes, tax increment bonds, and all other forms of contractual indebtedness of whatsoever nature that is in any way secured or collateralized by revenues of the Authority, and including the Bonds. 8. GENERAL PROVISIONS. (a) Dispute Resolution. If a dispute arises between the parties relating to this Agreement, the parties agree to submit the dispute to mediation prior to filing litigation. (b) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado and shall be subject to the limitations, if any, that are applicable under the Charter or the ordinances of the Town. ATTACHMENT B 5 (c) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the Town or its officials, representatives, consultants or employees as the agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants or employees as agents of the Town. Each entity shall remain a separate legal entity pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations or liabilities of the other. (d) Third Parties. Neither the Town nor the Authority shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto. (e) Modifications. No modification or change of any provision in this Agreement shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by both parties and incorporated as a written amendment to this Agreement. Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement. (f) Entire Agreement. This Agreement shall represent the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts. (g) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. (h) Notices. All notices and other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by first class mail, postage prepaid, addressed as follows: If to the Town: Town of Avon, Colorado P.O. Box 975 Avon, Colorado, 81620 Attention: Town Manager If to the Authority: Avon Urban Renewal Authority P.O. Box 975 Avon, Colorado, 81620 Attention: Executive Director The Town or the Authority may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent or any further or different means by which notices may be sent. ATTACHMENT B 6 (i) Termination. This Agreement may not be terminated by either party so long as the Bonds are outstanding. So long as the Authority does not have any outstanding Bonds and does not owe any amounts to the Town under this Agreement, either party may terminate this Agreement in writing upon thirty (30) days written notice to the other party. (j) Assignment. This Agreement shall not be assigned, in whole or in part, by either party without the written consent of the other. (k) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity. ATTACHMENT B 7 IN WITNESS HEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date above. AVON URBAN RENEWAL TOWN OF AVON, COLORADO AUTHORITY By: By: Chairperson Mayor ATTEST: ATTEST: Executive Director/Secretary Town Clerk APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM By: By: Authority Attorney Town Attorney ATTACHMENT B TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Meeting Date: December 15, 2016 Agenda Topic: Adoption of 2016 Property Tax Levies Action Before Council: Adoption of the 2016 Town of Avon general operating and the Avon General Improvement District No. 1 mill levies. Proposed Motion: “I move to approve Resolution #16-35 and #16-36 to adopt the 2016 Town of Avon general operating and the Avon General Improvement District No. 1 mill levies.” Summary: Resolutions #16-35 and #16-36 levying property taxes for Town of Avon general operating and the Avon General Improvement District No. 1 are hereby submitted for adoption. The property tax mill rates will be levied as follows: o General operating purposes - 8.956 mills, no change from the previous year; o Debt service - 0 mills, a decrease of 2.809 mills from 2015. This is the first time in recent history that the Town of Avon debt service mill levy equals zero. o Avon General Improvement District No. 1 – 14.005 mills, a decrease of .072 mills from 2015. Attachments: A – Resolution 16-35 B – Resolution 16-36 TOWN OF AVON RESOLUTION NO. 16-35 SERIES OF 2016 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2016, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2017 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on October 25, 2016; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,737,308; and WHEREAS, the 2016 net total assessed valuation for the Town of Avon, as certified by the County Assessor is $1,737,308. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2017 budget year there is levied a tax of 8.956 mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avon for the year 2016. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED this 13th day of December, 2016. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Eagle County , Colorado. On behalf of the Town of Avon , (taxing entity)A the Town Council (governing body)B of the Town of Avon (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 211,204,450 (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 193,982,580 (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 12/13/2016 for budget/fiscal year 2017 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 8.956 mills $ 1,737,308 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 8.956 mills $ 1,737,308 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 8.956 mills $ 1,737,308 Contact person: (print) Scott C. Wright, Asst. Town Manager Daytime phone: ( 970 ) 748-4055 Signed: Title: Mayor Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). Form DLG 70 (rev 7/08) Page 1 of 4 CERTIFICATION OF TAX LEVIES, continued THIS SECTION APPLIES TO TITLE 32, ARTICLE 1 SPECIAL DISTRICTS THAT LEVY TAXES FOR PAYMENT OF GENERAL OBLIGATION DEBT (32-1-1603 C.R.S.). Taxing entities that are Special Districts or Subdistricts of Special Districts must certify separate mill levies and revenues to the Board of County Commissioners, one each for the funding requirements of each debt (32-1-1603, C.R.S.) Use additional pages as necessary. The Special District’s or Subdistrict’s total levies for general obligation bonds and total levies for contractual obligations should be recorded on Page 1, Lines 3 and 4 respectively. CERTIFY A SEPARATE MILL LEVY FOR EACH BOND OR CONTRACT: BONDSJ: 1. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: 2. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: CONTRACTSK: 3. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: 4. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: Use multiple copies of this page as necessary to separately report all bond and contractual obligations per 32-1-1603, C.R.S. Form DLG 70 (rev 7/08) Page 2 of 4 Notes: A Taxing Entity—A jurisdiction authorized by law to impose ad valorem property taxes on taxable property located within its territorial limits (please see notes B, C, and H below). For purposes of the DLG 70 only, a taxing entity is also a geographic area formerly located within a taxing entity’s boundaries for which the county assessor certifies a valuation for assessment and which is responsible for payment of its share until retirement of financial obligations incurred by the taxing entity when the area was part of the taxing entity. For example: an area of excluded property formerly within a special district with outstanding general obligation debt at the time of the exclusion or the area located within the former boundaries of a dissolved district whose outstanding general obligation debt service is administered by another local governmentC. B Governing Body—The board of county commissioners, the city council, the board of trustees, the board of directors, or the board of any other entity that is responsible for the certification of the taxing entity’s mill levy. For example: the board of county commissioners is the governing board ex officio of a county public improvement district (PID); the board of a water and sanitation district constitutes ex officio the board of directors of the water subdistrict. C Local Government - For purposes of this line on Page 1of the DLG 70, the local government is the political subdivision under whose authority and within whose boundaries the taxing entity was created. The local government is authorized to levy property taxes on behalf of the taxing entity. For example, for the purposes of this form: 1. a municipality is both the local government and the taxing entity when levying its own levy for its entire jurisdiction; 2. a city is the local government when levying a tax on behalf of a business improvement district (BID) taxing entity which it created and whose city council is the BID board; 3. a fire district is the local government if it created a subdistrict, the taxing entity, on whose behalf the fire district levies property taxes. 4. a town is the local government when it provides the service for a dissolved water district and the town board serves as the board of a dissolved water district, the taxing entity, for the purpose of certifying a levy for the annual debt service on outstanding obligations. D GROSS Assessed Value - There will be a difference between gross assessed valuation and net assessed valuation reported by the county assessor only if there is a “tax increment financing” entity (see below), such as a downtown development authority or an urban renewal authority, within the boundaries of the taxing entity. The board of county commissioners certifies each taxing entity’s total mills upon the taxing entity’s Gross Assessed Value found on Line 2 of Form DLG 57. E Certification of Valuation by County Assessor, Form DLG 57 - The county assessor(s) uses this form (or one similar) to provide valuation for assessment information to a taxing entity. The county assessor must provide this certification no later than August 25th each year and may amend it, one time, prior to December 10th. F TIF Area—A downtown development authority (DDA) or urban renewal authority (URA), may form plan areas that use “tax increment financing” to derive revenue from increases in assessed valuation (gross minus net, Form DLG 57 Line 3) attributed to the activities/improvements within the plan area. The DDA or URA receives the differential revenue of each overlapping taxing entity’s mill levy applied against the taxing entity’s gross assessed value after subtracting the taxing entity’s revenues derived from its mill levy applied against the net assessed value. G NET Assessed Value—The total taxable assessed valuation from which the taxing entity will derive revenues for its uses. It is found on Line 4 of Form DLG 57. H General Operating Expenses (DLG 70 Page 1 Line 1)—The levy and accompanying revenue reported on Line 1 is for general operations and includes, in aggregate, all levies for and revenues raised by a taxing entity for purposes not lawfully exempted and detailed in Lines 3 through 7 on Page 1 of the DLG 70. For example: a fire pension levy is included in general operating expenses, unless the pension is voter-approved, if voter-approved, use Line 7 (Other). Form DLG 70 (rev 7/08) Page 3 of 4 I Temporary Tax Credit for Operations (DLG 70 Page 1 Line 2)—The Temporary General Property Tax Credit/ Temporary Mill Levy Rate Reduction of 39-1-111.5, C.R.S. may be applied to the taxing entity’s levy for general operations to effect refunds. Temporary Tax Credits (TTCs) are not necessary for other types of levies (non-general operations) certified on this form because these levies are adjusted from year to year as specified by the provisions of any contract or schedule of payments established for the payment of any obligation incurred by the taxing entity per 29-1-301(1.7), C.R.S., or they are certified as authorized at election per 29-1-302(2)(b), C.R.S. J General Obligation Bonds and Interest (DLG 70 Page 1 Line 3)—Enter on this line the total levy required to pay the annual debt service of all general obligation bonds. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. Title 32, Article 1 Special districts and subdistricts must complete Page 2 of the DLG 70. K Contractual Obligation (DLG 70 Page 1 Line 4)—If repayment of a contractual obligation with property tax has been approved at election and it is not a general obligation bond (shown on Line 3), the mill levy is entered on this line. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. L Capital Expenditures (DLG 70 Page 1 Line 5)—These revenues are not subject to the statutory property tax revenue limit if they are approved by counties and municipalities through public hearings pursuant to 29-1- 301(1.2) C.R.S. and for special districts through approval from the Division of Local Government pursuant to 29- 1-302(1.5) C.R.S. or for any taxing entity if approved at election. Only levies approved by these methods should be entered on Line 5. M Refunds/Abatements (DLG 70 Page 1 Line 6)—The county assessor reports on the Certification of Valuation (DLG 57 Line 11) the amount of revenue from property tax that the local government did not receive in the prior year because taxpayers were given refunds for taxes they had paid or they were given abatements for taxes originally charged to them due to errors made in their property valuation. The local government was due the tax revenue and would have collected it through an adjusted mill levy if the valuation errors had not occurred. Since the government was due the revenue, it may levy, in the subsequent year, a mill to collect the refund/abatement revenue. An abatement/refund mill levy may generate revenues up to, but not exceeding, the refund/abatement amount from Form DLG 57 Line 11. 1. Please Note: If the taxing entity is in more than one county, as with all levies, the abatement levy must be uniform throughout the entity’s boundaries and certified the same to each county. To calculate the abatement/refund levy for a taxing entity that is located in more than one county, first total the abatement/refund amounts reported by each county assessor, then divide by the taxing entity’s total net assessed value, then multiply by 1,000 and round down to the nearest three decimals to prevent levying for more revenue than was abated/refunded. This results in an abatement/refund mill levy that will be uniformly certified to all of the counties in which the taxing entity is located even though the abatement/refund did not occur in all the counties. N Other (DLG 70 Page 1 Line 7)—Report other levies and revenue not subject to 29-1-301 C.R.S. that were not reported above. For example: a levy for the purposes of television relay or translator facilities as specified in sections 29-7-101, 29-7-102, and 29-7-105 and 32-1-1005 (1) (a), C.R.S.; a voter-approved fire pension levy; a levy for special purposes such as developmental disabilities, open space, etc. Form DLG 70 (rev 7/08) Page 4 of 4 TOWN OF AVON RESOLUTION NO. 16-36 SERIES OF 2016 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2016, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2017 BUDGET YEAR WHEREAS, on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS, on November 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and a majority of the votes cast on the question were in favor of incurring such levy as provided in such question; and WHEREAS, the Town Council is authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS, the authority to levy ad valorem taxes as conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on October 25, 2016; and WHEREAS, the estimated cost of providing transportation and recreation services to and within the District is $40,190; and WHEREAS, the 2016 net total assessed valuation for the property included in the District as certified by the County Assessor is $2,869,680. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of providing transportation and recreation services to and within the District during the 2017 budget year there is levied a tax of 14.005 mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2016. Section 2. That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. ADOPTED this 13th day of December, 2016. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Eagle County , Colorado. On behalf of the Town of Avon General Improvement District No.1 , (taxing entity)A the Town Council (governing body)B of the Town of Avon (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 2,869,680 (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 12/13/2016 for budget/fiscal year 2017 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 14.005 mills $ 40,190 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 14.005 mills $ 40,190 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 14.005 mills $ 40,190 Contact person: (print) Scott C. Wright, Asst. Town Manager Daytime phone: (970) 748-4055 Signed: Title: Mayor Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). Form DLG 70 (rev 7/08) Page 1 of 4 CERTIFICATION OF TAX LEVIES, continued THIS SECTION APPLIES TO TITLE 32, ARTICLE 1 SPECIAL DISTRICTS THAT LEVY TAXES FOR PAYMENT OF GENERAL OBLIGATION DEBT (32-1-1603 C.R.S.). Taxing entities that are Special Districts or Subdistricts of Special Districts must certify separate mill levies and revenues to the Board of County Commissioners, one each for the funding requirements of each debt (32-1-1603, C.R.S.) Use additional pages as necessary. The Special District’s or Subdistrict’s total levies for general obligation bonds and total levies for contractual obligations should be recorded on Page 1, Lines 3 and 4 respectively. CERTIFY A SEPARATE MILL LEVY FOR EACH BOND OR CONTRACT: BONDSJ: 1. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: 2. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: CONTRACTSK: 3. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: 4. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: Use multiple copies of this page as necessary to separately report all bond and contractual obligations per 32-1-1603, C.R.S. Form DLG 70 (rev 7/08) Page 2 of 4 Notes: A Taxing Entity—A jurisdiction authorized by law to impose ad valorem property taxes on taxable property located within its territorial limits (please see notes B, C, and H below). For purposes of the DLG 70 only, a taxing entity is also a geographic area formerly located within a taxing entity’s boundaries for which the county assessor certifies a valuation for assessment and which is responsible for payment of its share until retirement of financial obligations incurred by the taxing entity when the area was part of the taxing entity. For example: an area of excluded property formerly within a special district with outstanding general obligation debt at the time of the exclusion or the area located within the former boundaries of a dissolved district whose outstanding general obligation debt service is administered by another local governmentC. B Governing Body—The board of county commissioners, the city council, the board of trustees, the board of directors, or the board of any other entity that is responsible for the certification of the taxing entity’s mill levy. For example: the board of county commissioners is the governing board ex officio of a county public improvement district (PID); the board of a water and sanitation district constitutes ex officio the board of directors of the water subdistrict. C Local Government - For purposes of this line on Page 1of the DLG 70, the local government is the political subdivision under whose authority and within whose boundaries the taxing entity was created. The local government is authorized to levy property taxes on behalf of the taxing entity. For example, for the purposes of this form: 1. a municipality is both the local government and the taxing entity when levying its own levy for its entire jurisdiction; 2. a city is the local government when levying a tax on behalf of a business improvement district (BID) taxing entity which it created and whose city council is the BID board; 3. a fire district is the local government if it created a subdistrict, the taxing entity, on whose behalf the fire district levies property taxes. 4. a town is the local government when it provides the service for a dissolved water district and the town board serves as the board of a dissolved water district, the taxing entity, for the purpose of certifying a levy for the annual debt service on outstanding obligations. D GROSS Assessed Value - There will be a difference between gross assessed valuation and net assessed valuation reported by the county assessor only if there is a “tax increment financing” entity (see below), such as a downtown development authority or an urban renewal authority, within the boundaries of the taxing entity. The board of county commissioners certifies each taxing entity’s total mills upon the taxing entity’s Gross Assessed Value found on Line 2 of Form DLG 57. E Certification of Valuation by County Assessor, Form DLG 57 - The county assessor(s) uses this form (or one similar) to provide valuation for assessment information to a taxing entity. The county assessor must provide this certification no later than August 25th each year and may amend it, one time, prior to December 10th. F TIF Area—A downtown development authority (DDA) or urban renewal authority (URA), may form plan areas that use “tax increment financing” to derive revenue from increases in assessed valuation (gross minus net, Form DLG 57 Line 3) attributed to the activities/improvements within the plan area. The DDA or URA receives the differential revenue of each overlapping taxing entity’s mill levy applied against the taxing entity’s gross assessed value after subtracting the taxing entity’s revenues derived from its mill levy applied against the net assessed value. G NET Assessed Value—The total taxable assessed valuation from which the taxing entity will derive revenues for its uses. It is found on Line 4 of Form DLG 57. H General Operating Expenses (DLG 70 Page 1 Line 1)—The levy and accompanying revenue reported on Line 1 is for general operations and includes, in aggregate, all levies for and revenues raised by a taxing entity for purposes not lawfully exempted and detailed in Lines 3 through 7 on Page 1 of the DLG 70. For example: a fire pension levy is included in general operating expenses, unless the pension is voter-approved, if voter-approved, use Line 7 (Other). Form DLG 70 (rev 7/08) Page 3 of 4 I Temporary Tax Credit for Operations (DLG 70 Page 1 Line 2)—The Temporary General Property Tax Credit/ Temporary Mill Levy Rate Reduction of 39-1-111.5, C.R.S. may be applied to the taxing entity’s levy for general operations to effect refunds. Temporary Tax Credits (TTCs) are not necessary for other types of levies (non-general operations) certified on this form because these levies are adjusted from year to year as specified by the provisions of any contract or schedule of payments established for the payment of any obligation incurred by the taxing entity per 29-1-301(1.7), C.R.S., or they are certified as authorized at election per 29-1-302(2)(b), C.R.S. J General Obligation Bonds and Interest (DLG 70 Page 1 Line 3)—Enter on this line the total levy required to pay the annual debt service of all general obligation bonds. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. Title 32, Article 1 Special districts and subdistricts must complete Page 2 of the DLG 70. K Contractual Obligation (DLG 70 Page 1 Line 4)—If repayment of a contractual obligation with property tax has been approved at election and it is not a general obligation bond (shown on Line 3), the mill levy is entered on this line. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. L Capital Expenditures (DLG 70 Page 1 Line 5)—These revenues are not subject to the statutory property tax revenue limit if they are approved by counties and municipalities through public hearings pursuant to 29-1- 301(1.2) C.R.S. and for special districts through approval from the Division of Local Government pursuant to 29- 1-302(1.5) C.R.S. or for any taxing entity if approved at election. Only levies approved by these methods should be entered on Line 5. M Refunds/Abatements (DLG 70 Page 1 Line 6)—The county assessor reports on the Certification of Valuation (DLG 57 Line 11) the amount of revenue from property tax that the local government did not receive in the prior year because taxpayers were given refunds for taxes they had paid or they were given abatements for taxes originally charged to them due to errors made in their property valuation. The local government was due the tax revenue and would have collected it through an adjusted mill levy if the valuation errors had not occurred. Since the government was due the revenue, it may levy, in the subsequent year, a mill to collect the refund/abatement revenue. An abatement/refund mill levy may generate revenues up to, but not exceeding, the refund/abatement amount from Form DLG 57 Line 11. 1. Please Note: If the taxing entity is in more than one county, as with all levies, the abatement levy must be uniform throughout the entity’s boundaries and certified the same to each county. To calculate the abatement/refund levy for a taxing entity that is located in more than one county, first total the abatement/refund amounts reported by each county assessor, then divide by the taxing entity’s total net assessed value, then multiply by 1,000 and round down to the nearest three decimals to prevent levying for more revenue than was abated/refunded. This results in an abatement/refund mill levy that will be uniformly certified to all of the counties in which the taxing entity is located even though the abatement/refund did not occur in all the counties. N Other (DLG 70 Page 1 Line 7)—Report other levies and revenue not subject to 29-1-301 C.R.S. that were not reported above. For example: a levy for the purposes of television relay or translator facilities as specified in sections 29-7-101, 29-7-102, and 29-7-105 and 32-1-1005 (1) (a), C.R.S.; a voter-approved fire pension levy; a levy for special purposes such as developmental disabilities, open space, etc. Form DLG 70 (rev 7/08) Page 4 of 4 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: December 12, 2016 Agenda Topic: Action on Resolution 16-33, Town of Avon Civil Liberties Protection ACTION BEFORE COUNCIL: Council is asked to consider adopting Resolution 16-33, endorsing the protection of civil liberties of all citizens. PROPOSED MOTION: “I move to approve Resolution 16-33, Town of Avon Civil Liberties Protection.” SUMMARY: Citizen Steve Coyer contacted Mayor Jennie Fancher on November 15, 2016, by email, asking how the Town of Avon might follow Denver and Aurora Police Departments, which are saying they will not “start enforcing federal immigration laws.” He emailed THE Mayor again on November 18th, with a news story from the New York Times (see LINK below), providing his comment that, “We, as a community, need to take the position that we will not be a party to tearing families apart on the immigration issue. We have worked too hard to build a stable, mixed community to throw it away.” On November 27th Steve emailed Jennie asking for the Town to take action, in the following statement, “My (Steve’s) goal is to have our county and all of the government entities within it, state publicly that it/they will not be the enforcement agent for any new deportation efforts under the incoming federal administration. And that we will protect every law-abiding member of our community.” Steve has reached out to the County Commissioners with the same request. Citizen Kristi Ferraro emailed the Town Council on November 16, 2016, and provided a statement from the Denver Police Department, which reads: “Immigration enforcement is handled at the federal level, not by local law enforcement. The Denver Police Department has not participated in those enforcement efforts in the past and will not be involved in the future.” Kristi, wrote in the email, “I would encourage the Avon Police Department to issue a similar statement and for the Avon community to take steps to become a safe city for immigrants, who are such a vital part of our community.” Consideration of Resolution 16-33 before Council endorses the protection of civil liberties of all citizens. The Resolution seeks to ensure that all citizens are treated equal, regardless of their race, skin color, national or ethnic origin, gender, sexual orientation, mental or physical disability, immigration status, religious or political opinion or activity, or homed or homeless status. Town Attorney Eric Heil and Chief of Police Greg Daly have reviewed the Resolution to ensure consistency with Town of Avon Police Department policies and the operations of the Avon Police Department as currently exists. ATTACHMENT: Resolution 16-33 LINK: http://www.nytimes.com/2016/11/18/opinion/donald-trumps-plan-to-purge-the- nation.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left- region&region=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region TOWN OF AVON, COLORADO RESOLUTION 16-33 CIVIL LIBERTIES PROTECTION WHEREAS, the Town of Avon has long aspired to protect civil liberties and provide equal protection under the law to all persons in the town which includes a diverse population of many races, religions, national and ethnic origins, including immigrants, tourists and students—whose contributions to the community’s economy, culture and civic character are vast and important, and affirms its strong support for the fundamental constitutional rights of every person and recognizes that the preservation of civil liberties is essential to the well-being of a democratic society; and WHEREAS, the Town of Avon Chief of Police is committed to community policing practices that seek to improve and maintain a positive relationship between law enforcement officers and the public; and WHEREAS, the Town of Avon opposes measures that single out individuals within our diverse population for legal scrutiny or enforcement activity based on race, skin color, national or ethnic origin, gender, sexual orientation, mental or physical disability, religious or political opinion or activity, immigration status; or homed or homeless status, and WHEREAS, the Town of Avon opposes any efforts to transfer federal immigration responsibility to local officials, since these proposals may damage relationships with the immigrant community; and WHEREAS, the Town of Avon believes that there is no inherent conflict between national security and the preservation of liberty but that Americans can be both safe and free; and WHEREAS, the Town of Avon wishes to play a leading role in the protection of civil liberties and to consistently promote tolerance and respect for all persons, and recognizes that a number of other jurisdictions in Colorado and in the United States have enacted policies or laws to make clear their protection of the civil liberties of a diverse population. THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that: Section 1. The Town of Avon upholds the constitutional rights and civil liberties of any and all persons and it remains the policy of the Town of Avon to protect against discrimination on the basis of race, skin color, national or ethnic origin, gender, sexual orientation, mental or physical disability, immigration status, religious or political opinion or activity, or homed or homeless status. Section 2. Town of Avon officers and employees reject profiling of any group within our diverse population as a factor in selecting individuals, setting up check points or selecting areas of town to subject to investigatory activities. Section 3. In accordance with Avon Police Department policy, if an officer stops a driver of a motor vehicle who cannot produce a valid operator’s license and a computer check shows the driver has no license issuance information, the officer may issue a citation as sufficient enforcement action or may take such other action as deemed appropriate by the officer to ensure proper identification of the driver. Section 4. Town of Avon employees do not and shall not collect, maintain or disseminate information of any individual, association, organization, corporation, business or partnership based solely on political, religious or social views, associations or activities, unless said information is directly related to an investigation of criminal conduct. Section 5. In the absence of state, interstate or international criminal or national security investigations, the Town of Avon does not actively participate in the enforcement of federal immigration law. BE IT ALSO RESOLVED that the provisions of this Resolution are not intended to protect criminal activity on the part of any person but are intended to encourage trust in the Avon Police Department and to encourage reporting of criminal activity to that department by all members of the community. BE IT ALSO RESOLVED that the provisions of this Resolution shall be severable, and if any provision of this Resolution is declared unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected. BE IT FURTHER RESOLVED that this Resolution shall be forwarded to all Town of Avon law enforcement personnel and to every department, agency, commission, officer and employee of the town and to our local, state and federal legislative delegations on behalf of the residents of the Town of Avon. ADOPTED December 13, 2016 AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Debbie Hoppe From: on behalf of Richard Rogel < Sent: Monday, December 12, 2016 7:10 PM To: Debbie Hoppe Subject: Resolution 16 -33 To the town council: I and my wife who are proud residents of Avon, Colorado want you to know that we wholeheartedly support Resolution 16 -33. We are a community and to enforce immigration laws and that is something that would tear the community apart. Sincerely yours Richard Rogel Susan Rogel , Avon, Colorado Debbie Hoppe From: Greg Eynon < > Sent: Monday, December 12, 2016 9:53 PM To: Avon Council Web; Debbie Hoppe Subject: Resolution 16 -33 Dear Mayor Jennie Fancher and Avon Town Council, As a local small business owner in Avon I would like to lend my support for the approval of Resolution 16 -33. Our local immigrant community is important to the diversity, economic and cultural health of our community. I encourage the Avon Town Council to approve Resolution 16 -33 and ensure that that all law abiding Avon residents are afforded the same civil liberties and sense of safety in our community. Best regards, Greg Eynon Greg Eynon vin48 restaurant I wine bar From: James Gustafson < > Subject: Resolution 16 -33 Date: December 11, 2016 at 11:30:41 AM MST To: avoncouncilweb(a-)-avon.org My wife Jeanne and I have lived in Avon for the last 12 years. I am writing to express our strong disagreement with this resolution. While we know it is well intentioned, we don't think local governments have the right to pick and choose what laws are enforced. Jim Debbie Hoppe From: Jack Van Valkenburgh <. Sent: Saturday, December 10, 2016 4:14 PM To: Debbie Hoppe Subject: Resolution 16 -33 Follow Up Flag: Follow up Flag Status: Flagged Honorable Mayor Fancher and Avon Town Council- You are soon to consider Resolution 16 -33 before Council which endorses the protection of civil liberties of all citizens. The Resolution seeks to ensure that all citizens are treated equal, regardless of their race, skin color, national or ethnic origin, gender, sexual orientation, mental or physical disability, immigration status, religious or political opinion or activity, or homed or homeless status. My wife Dr. Amy Roth and I both strongly support the passage of this measure. Jack Van Valkenburgh & Dr. Amy Roth Avon, CO 81620 Debbie Hoppe From: Jennie Fancher Sent: Sunday, December 11, 2016 5:44 PM To: Steve Coyer Cc: Debbie Hoppe; Virginia Egger Subject: Re: Civil liberties protection Steve, Thank you. The email was not received to the council web address. I will find out in the morning how to fix this. Jennie Fancher Mayor, Town of Avon 970 - 390 -3089 jfanchergavon.org On Dec 11, 2016, at 2:12 PM, Steve Coyer < > wrote: We were getting emails bounced back from the avoncouncilweb.com address on Saturday. I just wanted to make sure the Council received this email from Harry Frampton. Steve Begin forwarded message: From: Harry Frampton < > Date: December 11, 2016 at 1:47:59 PM MS I To: "avoncouncilweb cr,avon.org" <avoncouncilweb a,avon.org> Cc: Nicole Greener < >, Colleen Weiss < >, Peter Dann < < _4 >, Kristen Pryor Subject: Civil liberties protection "Craig Ferraro" > On behalf of multiple companies in Avon we strongly support approval of resolution 16 -33. Those companies include the Westin Riverfront, East West Partners, East West Destinations properties,and Slifer Smith Frampton with over 800 employees. The Hispanic community is fundamental to our business and we are totally opposed to the proposed actions by the new administration. We will be shortly announcing a series of actions to not only protect our employees and their families but to help them prosper and continue to contribute to our valley. We urge your support. Sent from my iPad Debbie Hoppe From: Linn Brooks <' > Sent: Sunday, December 11, 2016 3:26 PM To: Debbie Hoppe Cc: Subject: Support of Civil Liberties Resolution Dear Avon Council Members, We are writing to let you know of our strong support of the Civil Liberties Resolution under consideration by the Council. I strongly believe it is important to our community, both its fabric and economy, to let our migrant neighbors here in Avon know that we support their presence and contribution, and that we care about their families and their stability. Please help migrants feel welcome in Avon, as we would want to be welcomed if our circumstances were different and we sought a better life for those we loved. Linn and Gary Brooks Avon Residents since 1992 Linn Brooks General Manager Eagle River Water & Sanitation District Direct: 970 - 477 -5444 846 Forest Road, Vail, CO 81657 http: / /www.erwsd.org Clean Water. Quality Life. TM Alpine Bank Avon 10 W. Beaver Creek Boulevard P.O. Box 7330 Avon, Colorado 81620 970- 949 -3333 Fax 970- 949 -3263 December 12, 2016 Honorable Mayor and Town Council Town of Avon P.O. Box 975 Avon CO 81620 Re: Avon Hotel Project Lot B, Avon Center at Beaver Creek, Town of Avon Dear Mayor and Council: Alpine Bank is sending this letter to the Council as the owner of Lot 55, Block 2, Avon Center at Beaver Creek ( "Lot 55 ") in connection with the Council's consideration of an application by SilverStar Rentals and Property Management ( "SilverStar ") for approval of a major development plan for Lot B, Avon Center at Beaver Creek ( "Lot B "), as part of the approval of a new hotel on Lot B. Alpine Bank supports SilverStar's hotel project and welcomes this addition to the Town of Avon. The Bank has engaged in discussions with Keith Hampton as the representative of SilverStar and has received and reviewed the Parking Management Plan dated November 30, 2016, and the Addendum to Parking Management Plan -- Lot B dated December 8, 2016. The Bank believes that the Plan and Addendum, if properly implemented by all the affected users, will address the Bank's present need for parking on Lot B. However, the Bank wishes to have the assurance of the Town that the development plan approval will not impact uses by right or vested rights of the Bank as the owner of Lot 55. Attached as exhibits to this letter are 1) Lot 55 LTD's (as the then owner of Lot 55) letter dated December 3, 1992, addressed to Rick Pylman as Director of Community Development and acknowledged by Mr. Pylman on behalf of the Town, 2) the recorded Reciprocal Easement Agreement dated October 3, 1992, and recorded at Reception No. 497429, an unrecorded copy of which was attached to the December 3, 1992, letter and 3) Staff Report to Planning and Zoning Commission dated April 6, 1993, including record of Planning and Zoning Action. It is recited in the fourth paragraph of that document that the submitted site plan with 30 outside parking spaces plus 15 structured spaces met the Town parking requirement and that "the criteria of 75 parking spaces was met through a parking agreement with the Avon Center." In www.alpinebank.com other words, the Final Design Review approval of the site plan was premised upon the availability of 30 additional parking spaces on Lot B for the benefit of Lot 55. It is therefore respectfully requested that any approval of SilverStar's application include a recognition of both the uses by right and vested rights of Alpine Bank, as the owner of Lot 55 to the benefits of the April 6, 1993, Final Design Review Approval, including the Town's acknowledgement therein of the rights of the owner of Lot 55 under the Reciprocal Easement Agreement, notwithstanding the Bank's acceptance of the Parking Management Plan. It is also respectfully requested that this letter be made a part of the permanent record of the Council meeting. Yours very truly, ALPINE BANK BN:jwd Debbie Hoppe From: Kristi Ferraro < Sent: Tuesday, December 13, 2016 12:29 PM To: Avon Council Web Subject: Civil Liberties Protection Dear Council Members, I applaud the Town of Avon for proposing Resolution 16 -33 to protect the civil liberties of all residents. I strongly support Resolution 16 -33 and urge each of you to vote in favor of it. During the election, I was a poll watcher in Avon to help prevent any voter intimidation. I was impressed with the significant turn out of young voters and Hispanic voters. Let's send a message that their votes made a difference because they influenced the outcome of the election in Colorado and that their voices have been heard and responded to by our local government. As always, thank you for your service to our town. Best regards, Kristi Ferraro Kristi Ferraro, LLC P.O. Box Avon, Colorado 81620 Phone: Fax: IRS CIRCULAR 230 DISCLOSURE: TO COMPLY WITH IRS REQUIREMENTS, ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION IS NOT INTENDED TO BE USED FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR FOR PROMOTING, RECOMMENDING OR MARKETING TO ANOTHER PARTY ANY TRANSACTION OR MATTER ADDRESSED IN THIS COMMUNICATION. This communication is confidential, it is intended only for the named addressees, and may be subject to attorney - client privilege, and/or attorney - client work product privilege, none of which are waived by this transmission. If you are not the intended addressee, please immediately reply by email to the sender stating that this communication was misdirected, and destroy all copies of this communication, TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Meeting Date: December 13, 2016 Agenda Topic: Action on Resolution 16-38, Adopting the Climate Action Plan for the Eagle County Community ACTION BEFORE COUNCIL: Council is asked to consider adopting Resolution 16-38, adopting the Climate Action Plan for the Eagle County Community. PROPOSED MOTION: “I move to approve Resolution 16-38, Adopting the Climate Action Plan for the Eagle County Community.” SUMMARY: Since the beginning of 2016, Walking Mountains Science Center has partnered with Eagle County to convene and facilitate a group of stakeholders to create a community Climate Action Plan. The group, consisting of over 30 Eagle County stakeholders, has worked together and produced the attached “Climate Action Plan for the Eagle County Community.” Mayor Pro Tem Sarah Smith Hymes has been a member of the stakeholder group and will be presenting the plan and recommendation for adoption. ATTACHMENTS: • Resolution 16-38 • Climate Action Plan for the Eagle County Community TOWN OF AVON, COLORADO RESOLUTION 16-38 A RESOLUTION TO ADOPT THE CLIMATE ACTION PLAN FOR THE EAGLE COUNTY COMMUNITY WHEREAS, during the year 2016, a group of 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County, has collaboratively worked together to create a community-wide climate action plan to help guide greenhouse gas emission reductions into the future; WHEREAS, the new Climate Action Plan for the Eagle County Community recommends greenhouse gas reduction targets and actions that can be integrated with the Town of Avon’s other plans, including but not limited to the Strategic Plan, Comprehensive Plan, Transportation Master Plan, and where each of these plans may include opportunities to reduce greenhouse gas emissions; and WHEREAS, the Town of Avon recognizes that scientific evidence for warming of the earth’s climate system from human activities is unequivocal. Combustion of fossil fuels such as coal, petroleum and natural gas is increasing the concentration greenhouse gases in the atmosphere, pushing average global temperatures higher and changing our mountain ecosystems–making winters warmer and shorter, summers longer and hotter, and increasing the risks of wildfires, droughts and floods; and WHEREAS, the county-wide 2014 Eagle County Energy Inventory identifies energy sources, uses, and emissions by sector. According to the Inventory, greenhouse gas emissions in the baseline year 2014 totaled 1.4 million metric tons of carbon dioxide equivalent (CO2e), with 60% of the emissions from commercial uses and residential buildings, 27% from vehicles, 10% from landfill, and 3% from the airport. Community-wide energy costs for the year 2014 were totaled at $243 million; and WHEREAS, adopting the new Climate Action Plan for the Eagle County Community will help the Town of Avon ensure a sustainable future by protecting the natural environment and recreational economy, reducing long-term financial expenses, creating more affordable solutions for residents and businesses, and supporting a new post carbon energy economy with less climate pollution and more clean renewable energy; and WHEREAS, the first Climate Action Plan for the Eagle County Community (attached) includes: recommended greenhouse gas emission reduction targets of 25% by 2025 and a minimum of 80% by 2050, and recommended climate action goals and strategies by sector, and key recommendations for community leaders and decision makers to take proactive steps to reduce climate pollution and help create positive solutions for future generations. NOW, THEREFORE BE IT RESOLVED BY THE TOWN OF AVON: THAT, the Town of Avon adopts the Climate Action Plan for the Eagle County Community, and endeavors to meet the recommended greenhouse gas emission reduction targets through ongoing initiatives, and through continuing support and participation in community actions to reduce greenhouse gas emissions. THAT, the Town of Avon hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents/constituents of the Town of Avon. MOVED, READ AND ADOPTED by the Avon Town Council, at its regular meeting held this 13th day of December, 2016. By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Climate Action Plan for the Eagle County Community December 2016 ATTACHMENT TO RESOLUTION 16 - 38 > Winters are getting warmer and shorter There are now 23 fewer days with freezing temperatures than before the 1980s Scientists predict we’ll have 30 more days without freezing temperatures by 2060 Spring snow packs are declining and less predictable > Summers are getting hotter The last 15 months have been the hottest on record globally Warmer average summer temperatures are on the rise With every 1.0°F increase in temperature, we’ll see a 3-4% decrease in water supply > Mountain ecosystems are changing Increasing insect pests are changing our forests Scientists predict more extreme events – wildfires, droughts, and floods Wildlife is on the move, adapting to changes in habitat Rising temperatures lead to declining runoff in creeks and rivers The Eagle County Community is Ready to Take Climate Action Our mountain Community is at Risk Table of Contents Acknowledgments Page 1 Introduction Page 2 Why Climate Action? Why Now? Page 6 Targets for Greenhouse Gas Emission Reductions Page 13 Recommended GHG Reduction Goals by Sector Page 14 • Education and Outreach • Residential Buildings • Commercial Buildings • Transportation and Mobility • Waste and Landfi ll • Energy Supply Recommendations for Decision Makers Page 21 What Does Success Looks Like? Page 22 Considerations for Implementation Page 23 Appendix A - Project Ideas and Recommendations Page 24 Appendix B - Stakeholder Meetings and Public Engagement Information Page 34 Appendix C - 2014 Eagle County Energy Inventory Page 35 Appendix D - Glossary of Key Terms Page 40 Appendix E - Literature Cited Page 40 Protecting Community Values Our Community Health and Well-BeingWe can help prevent community health threats like increasing insect-borne diseases, increasing allergies, smoke waves fromwildfi res, and other forms of airand water pollution. Our Environment and RecreationWe can protect the places we play, reduce the risk of catastrophic fi res inour forests, and reduce fl ooding in our streams and rivers. Our Economy and New JobsInvesting in energy effi ciency, solar arrays, electric and hybrid vehicles, smartgrowth, and creating new green jobs willposition us as leaders in the coming‘post-carbon economy’. Climate Action Plan for the Eagle County Community | Page 1 Acknowledgments StakeholdersTerry Armistad, Town of MinturnJared Barnes, Eagle CountyKristen Bertuglia, Town of Vail Tom Boyd, Vail Valley Foundation Fritz Bratschie, Vail Resorts Shawn Bruckman, Ground Up Mikayla Curtis, Eagle River Youth Coalition Deron Dirksen, Town of Eagle Matt Donovan, Vail Honeywagon Lana Gallegos, Town of Gypsum Mac Garnsey, Vail Valley Foundation John Gitchell, Eagle County Chris Hildred, Holy Cross Energy Patrick Hirn, Eagle County SchoolsMelissa Kirr, Walking Mountains Science Center Stephanie Lewis, Vail Mountain School John-Ryan Lockman, Energy Smart CO at Walking Mountains Chris Lubbers, Eagle CountyNikki Maline, Energy Smart CO at Walking MountainsJesse Masten, Eagle County Anne McKibbin, Town of Eagle Roberto Morales, Vail Valley Medical Center Adam Palmer, Eagle County Glenn Phelps, Eagle River Water & Sanitation District Mercedes Quesada-Embid, Ph.D., Colorado Mountain College Brian Rodine, Vail Resorts Clete Saunier, Eagle County Derek Schmidt, East West Destination Hospitality Sarah Smith-Hymes, Town of AvonHarry Taylor, Eagle County Brian Tracy, Eagle River Water & Sanitation District Mary Wiener, Holy Cross EnergyJohn Widerman, Town of Minturn Technical Presentations / ConsultantsAbel Chávez, Ph.D., Western State Colorado UniversityPeter Krahenbuhl, Natural Capitalism SolutionsChris Menges, City of AspenErica Sparhawk, Clean Energy Economy for the Region PreparersKim Langmaid, Ph.D., Walking Mountains Science Center Kelsey Maloney, Walking Mountains Science CenterLarissa Read, Common Ground Environmental Consulting, LLCScott Robinson, Walking Mountains Science Center Special thanks to the Eagle County Board of County Commissioners for their support and leadership on climate action:Jeanne McQueeney, ChairKathy Chandler-Henry, CommissionerJillian H. Ryan, Commissioner This planning effort was supported by funding from the Eagle County Government and coordinated by staff at Walking Mountains Science Center. Climate Action Plan for the Eagle County Community | Page 2 Introduction Climate change is disrupting the basic operating system of our planet. Mountain regions are particularly vulnerable due to their hydrology, ecology, and recreational economies. In the past 30 years, the annual average temperature in Colorado has increased by 2.0°F (Lukas et al., 2014), and Eagle County’s natural environment is feeling the effects. The timing of snowmelt and peak runoff has shifted earlier in the spring, and there are more frost-free days (days with minimum temperatures above freezing) than there were before the 1980s. These fewer days of freezing temperatures impact the water storage in our snow pack, alter the timing and amount of river runoff, hamper the ability to make snow for skiing, debilitate the health of our forests and wildlife, increase the threat of forest fires and flooding, and subsequently, put at risk the very basis of our recreational economy and daily lifestyles. Local climate change takes place within the context of global climate change and greenhouse gas (GHG) emissions. Carbon dioxide (CO2), a potent GHG, has increased by 40% from 280 parts per million (ppm) in the pre-industrial era to 400 ppm today, a level that the earth has not seen in at least 800,000 years, due primarily to the burning of fossil fuels (Lukas et al., 2014). Each of us has a responsibility to take action to reduce GHG emissions and prevent increasing negative impacts of climate change. We can be proactive and embrace the challenge of climate change. We can learn to change; we can take action and innovate; and, we can each do our part to ensure a sustainable future for our Eagle County community. Each of us hasa responsibilityto take actionto reduceGHG emissionsand preventincreasingnegativeimpacts ofclimate change. Climate Action Plan for the Eagle County Community | Page 3 The stakeholders met regularly from March to November 2016, and each meeting included educational components, as well as activities to engage and solicit stakeholder feedback on critical elements of the plan. The stakeholders represented a diverse and engaged group of community leaders, county and municipal government employees, and representatives from key industries in the community. Guest speakers added technical expertise and an outside perspective to the process. Collectively, the plan refl ects the strong values of the Eagle County community including our health and well-being, our natural environment and recreational economy, and our potential as leaders in creating a robust post-carbon economy. Highlights of the plan were shared at three public open house meetings during September 2016. A survey was available at the open house sessions and on the Walking Mountains Science Center website to solicit feedback and public comments. The stakeholders recommended the fi nal plan for adoption by the Board of Eagle County Commissioners and other elected offi cials in December 2016. Recommended GHG emissions reduction targets: 25% by 2025, minimum of 80% by 2050.Stakeholders hard at work discussing solutions. This Climate Action Plan for the Eagle County Community is the culmination of a year-long effort that included more than 30 community stakeholders. Their tasks were to develop targets for the reduction of GHG emissions for the entire community within Eagle County and to identify and prioritize projects and policies by sector that will help the community achieve those targets. The plan calls for aspirational, yet achievable, targets for overall GHG emission reductions: 25% by 2025, and a minimum of 80% by 2050. The 2050 target is in alignment with the recent recommendation of the Intergovernmental Panel on Climate Change (IPCC, 2014). In order to meet the established targets, this plan also contains project recommendations for the community, including the county government, towns, businesses, nonprofi ts, and other partners to begin immediate climate action, as well as plan for the future. Climate Action Plan for the Eagle County Community | Page 4 Summary of recommendations for climate action Education and Outreach Establish climate education team Create county-wide marketing campaign Enhance Eco-Schools for K-12 schools Expand Actively Green business trainings and certifications Leverage special event platforms to change behaviors Transportation and Mobility Sector Reduce local GHG emissions 10% by 2025 Include local commuter train or bus rapid transit Expand use of electric vehicles Encourage multi-modal transportation systems Strive for efficient land use patterns with housing in proximity to workplaces Waste and Landfill Sector Set a waste diversion goal that is above the national average Develop a plan to increase waste diversion through recycling and composting Install waste-to-energy methane capturesystem at landfill Provide residential and commercial composting services Energy Supply Sector Expand local exterior energy offsetprograms (Eco-Build example) Identify locations for local solar arrays Encourage energy utilities to set aggressiveGHG emission reduction goals Commercial Buildings Sector Reduce GHG emissions 25% by 2025 Focus on energy efficiency Provide incentives Adopt “above building code” standards Promote and incentivize efficient use of water Residential Building Sector Reduce GHG emissions 25% by 2025 Focus on energy efficiency Expand Energy Smart Colorado program and incentives Adopt “above building code” standards Promote and incentivize efficient use of water As the impacts of climate change become evident around the world and international efforts to curb GHG emissions are more prevalent, many local communities have begun serious climate action planning to be part of the solution. The Eagle County Board of County Commissioners made “climate action planning” a priority in the County’s 2016 strategic plan, and Walking Mountains Science Center’s Sustainability and Stewardship Programs Department was contracted to convene and facilitate a stakeholder and community-driven climate action plan. The resulting Climate Action Plan for the Eagle County Community reflects a strong commitment to reduce the community’s GHG emissions by a minimum of 80% by 2050, an amount in alignment with that of the Intergovernmental Panel on Climate Change (IPCC, 2014). Local, regional, and state efforts have become the cornerstone of climate action because national and international energy policy and emissions reduction efforts are slowed and often stifled by policy, politics, and bureaucratic processes. Furthermore, local governments and communities are often in a better position to engage citizens and have an immediate and direct impact toward reducing GHG emissions. This climate action plan is specifically focused on mitigation. Climate mitigation is defined as efforts that reduce or prevent GHG emissions. Climate adaptation is defined as efforts that help the community prepare for and adjust to the current and future impacts of climate change. Although this plan does not specifically address climate adaptation, other efforts are being taken throughout the Eagle County community to prepare for the changing climate. The stakeholders believe that future climate action planning initiatives should integrate both mitigation and adaptation. Climate Action Plan for the Eagle County Community | Page 5 Climate Action Plan for the Eagle County Community | Page 6 Why Climate Action? Why Now? We live in a county that is heavily dependent upon climatic conditions. As the climate warms, we enter an era of uncertainty. Imagine our ski and snowboard season starting a month later and ending a month earlier than it does now. Imagine hotter summers affecting our daily activities and our recreational opportunities. Imagine Western Slope ranchers and farmers facing severe droughts without enough water for crops and livestock Scientific research indicates there will be increasing changes to the flows of our streams and rivers. There will be earlier snowmelt in the mountains and an increase in wildfire on our surrounding open lands. There is also evidence of future changes to our daily health and well-being due to increases in insect-borne diseases like West Nile virus, Lyme disease, and the length and intensity of allergy season. Due to these local effects of climate change, communities across the state of Colorado and the U.S. are creating their own climate action plans and making significant commitments to reduce GHG emissions. This Climate Action Plan for the Eagle County Community includes a vision for success—what success looks like, and how it can be achieved. The actions recommended in the plan are broken into six sectors: 1) education and outreach, 2) residential buildings, 3)commercial buildings and industrial operations, 4) transportation and mobility, 5) waste and landfill, and 6) energy supply. Detailed actions and projects have been identified by the stakeholders to support GHG emission reductions in each of the sectors. The plan also includes recommendations for decision makers at all levels within the community, ranging from needed policy changes to on-the-ground activities. Broader public comment on the plan was solicited during September 2016 at three open house sessions, and the community’s ideas were incorporated into the final plan. This final plan has been approved by the stakeholders with a strong recommendation for adoption by all local governments, including special districts, businesses, nonprofits, educational institutions, and neighborhood associations, the goal is that GHG reduction targets are consistent with the ability of each entity to select the strategies and actions that are most appropriate for their situations. The planincludes a vision forsuccess —what success looks like, and how it can be achieved. Climate Action Plan for the Eagle County Community | Page 7 “Scientific evidence for warming of the climate system is unequivocal.” Intergovernmental Panel onClimate Change (IPCC, 2014) “Earth-orbiting satellites and other technological advanceshave enabled scientists to see the big picture, collecting many different types of information about our planet and its climate on a global scale. This body of data, collected over many years, reveals the signals of a changing climate. The heat-trapping nature of CO2 and other gases was demonstrated in the mid-19th century. There is no question that increased levels of greenhouse gases must cause the earth to warm in response.” NASA (2016) “Reducinggreenhousegases requires honesty, courage, & responsibility…There is a nobility in the duty to care for creation through daily actions.” ~Pope Francis CO2 is a heat-trapping GHG. As we burn more coal, natural gas, and oil, the “blanket” of GHGs in the atmosphere gets thicker, and the earth gets hotter. “Climate change has and will continue to impact the state’s resources in a variety of ways, including more rapid snowmelt, longer and more severe droughts, and longer growing seasons.” (Gordon and Ojima, 2015) References: IPCC (2014) and Doran and Zimmerman (2009) SCIENTISTS AGREE (97%) SCIENTISTSUNSURE (3%) SCIENTIFIC CONSENSUS ON CLIMATE CHANGE As a mountain resort community, much of Eagle County is made up of second homes, hotels, and energy-intensive tourism and recreation facilities. The amount of money that leaves the local economy due to high energy expenses is a compelling reason alone to tackle this issue and create solutions. The Eagle County community releases 1.4 million metric tons of CO2 each year, at a cost of $243.5 million (Eagle County, 2016). Based on 2014 energy costs, if we achieve a 25% reduction in GHG emissions by 2025, we could retain $60 million annually in the local economy and create new jobs in the sustainability industry. Our per capita rate of CO2 emissions, 25 metric tons per person per year, is 30% higher than the national average. One of the challenges to solving climate change is that GHGs are invisible. It can be helpful to think of one metric ton of CO2 as the equivalent of one full hot air balloon. For the Eagle County community, we can imagine 1.4 million hot air balloons floating up from the county each year. 2014 Eagle County Energy Costs by SourceTotal energy costs: $243.5 million **More than half of energy costs in 2014 were for transportation fuels, primarily from passenger vehicles on Interstate-70. Source: Eagle County Energy Inventory, 2016. If we achieve a 25% reductionin GHGemissions by 2025, wewill retain$60 millionannually inthe localeconomy. Climate Action Plan for the Eagle County Community | Page 8 Buildings and commercial energy uses in our community had larger emissions (60%) than on-ground vehicles (27%) or landfill (10%) The single largest source of emissions, at 39%, was from generation of electricity used to power residential and commercial buildings and facilities About 22% of electricity was generated from renewable sources, and of that, 1% from solar. The bulk of our electricity during 2014 was produced from coal-fired power plants (62%) and natural gas generation (16%) In the vehicles category, 79% of emissions were from SUVs and passenger cars; 21% were from trucks and tractor trailers. Only 9% of total transportation emissions was from aviation Key FindingsFrom the 2014 Eagle County Energy Inventory In order to demonstrate scenarios of future GHG emissions for the Eagle County community, the Western State Colorado University Center for Environment and Sustainability was consulted. Expert data analyst Dr. Abel Chávez used the 2014 energy inventory to forecast the community’s ‘business as usual’ GHG emissions to the year 2050. The forecast accounts for several key drivers, including demographic, economic, and technical variables. 2014 Total =1,405,856 mt CO2e 2025 Total =1,639,545 mt CO2e 2050 Total =2,687,530 mt CO2e Eagle County Community Business as Usual GHG Forecast Results Inventory: Emissions by Sector **See Appendix C for “2014 Eagle County Energy Inventory” If we don’t take action, GHG emissions will increase Climate Action Plan for the Eagle County Community | Page 9 2014 2030 2050 Year GH G s ( m t C O 2 e) Switch out 25 incandescentlights with LED Reduce single car use by2,400 miles / year Replace 5 old fridges withEnergy Star models Install 1 KW of SolarElectric (3 panels) Shut off lights, work stations, and equipment when not needed Get help from Energy SmartColorado, and make improvements to your home or business How YOU Can Cut One Tonof Carbon Pollution: This graph demonstrates that positive measures can be taken by the Eagle County community to reduce GHG emissions. Included in this graph are energy efficiency in residential and commercial buildings, more renewable energy from utilities, climate-friendly transportation, and reductions to waste in the landfill. Even with future population growth, the Eagle County community can be successful at climate action. The actions forecasted in this graph are a good start to climate action, but more actions will need to be included in order to meet the 25% by 2025 and minimum of 80% by 2050 GHG reduction targets. 2025 Total =1,394,582 mt CO2e(32% to 2025 Goal) 2050 Total =1,219,793 mt CO2e(334% to 2050 Goal) Eagle County GHG Emissions with Hypothetical Mitigation Actions If we take action, we can reduce our GHG emissions Increasing the efficiency of our homes, commercial buildings and facilities is our biggest opportunity. Climate Action Plan for the Eagle County Community | Page 10 2014 2030 2050Year GH G E m i s s i o n s ( m t C O 2 e) The Eagle County Community is Ready to Take Action The stakeholders involved in creating this plan believe that the Eagle County community is now ready and committed to undertake climate action. Involvement in the following existing programs is a good demonstration of peoples’ engagement and interest: Over 50 local businesses are certified “Actively Green” in sustainable business best practices, and awareness of the program is increasing as businesses realize the financial, environmental, and marketing benefits of engaging employees and customers in sustainability. More and more local businesses are also participating in the Colorado Environmental Leadership Awards program. Through the Energy Smart Colorado program, more than 1,000 homes in the county have received energy assessments, and more than 600 homes and 200 businesses have completed energy efficiency and renewable energy improvements, resulting in over 6,000 metric tons of carbon emission reductions annually. Many more homes are adding rooftop solar; the number of LEED (Leadership in Energy and Environmental Design) certified buildings in the community is increasing; and, new community “solar gardens” are becoming a popular way for homes and commercial buildings to attain renewable energy. Climate Action Plan for the Eagle County Community | Page 11 Holy Cross Energy board members and community volunteers installeda new solar array in Gypsum. Climate Action Plan for the Eagle County Community | Page 12 Many community events now incorporate “zero waste” collection of recyclables and compostables while educating participants and diverting the majority of potential waste from the landfi ll. New electric vehicle charging stations are being added throughout the community, and more people are taking advantage of state and federal incentives for new purchases and leases on electric vehicles. Across the Eagle County community, there is a growing desire and demand for sustainable infrastructure and systems that will engage and enable people to participate in reducing GHG emissions. Another major reason why action should be taken now is that population growth in Eagle County is increasing. The state census found that there were 52,831 residents in the county in 2014. In less than 25 years, the county residential population is expected to increase to 94,000 people, or more than 40% by 2040 (DOLA, 2016). The growing population will result in more cars on the road, more homes being built, and more support services such as schools, stores, water infrastructure, and other utilities—all of which consume more energy and generate more GHG emissions. Increasing GHG emissions into the future will contribute to escalated climate change and create negative impacts on the natural environment around us. The projected temperature increases, changes to snowpack and local water resources, health effects on residents and visitors, impacts to the recreation-based economy, increasing population growth, and demands on energy supply are compelling reasons to take climate action seriously. There is an urgent call-to-action for the Eagle County community and local decision makers to collaboratively undertake decisive, meaningful policy and programmatic changes in the areas of energy use in homes and commercial buildings, transportation, waste, energy supply, water conservation, and climate change education. Set meaningful, feasible GHG emission reduction targets Identify projects and policiesto achieve targets Educate and engage the community about climate change Build on the knowledge andcommitment of the stakeholders Collaborate across towns,agencies, and organizations Support and refl ect stategoals and regional efforts Serve as a model for othercommunities Goals for the Climate ActionPlanning Effort Targets for GHG Emissions reduction There are three main types of targets found in climate action plans: (1) directional (i.e., up or down from a baseline), (2) analytical (i.e., based on extensive modeling and projections), and (3) aspirational, (i.e., set to achieve something great). The stakeholders set an aspirational target for the year 2050, with interim targets, as well. These aspirational targets are realistic with concerted community action, and yet, they are high enough to have considerable impact and significance. The reduction targets refer to the 2014 Eagle County Energy Inventory data as a baseline. The climate action plan calls for the community to measure and monitor reductions on a regular basis, such as every three years. By 2050, the Eagle County community will reduce GHG emissions by a minimum of 80%. This target is in alignment with the Intergovernmental Panel on Climate Change’s recommendation for reductions of GHG emissions by industrialized nations (IPCC 2014). The stakeholders agree that, while challenging, this aspirational target is a goal that must be achieved in order to foster a significant set of actions to reduce GHG emissions. In addition, collaborative impact would be greater by assuming a target that is in alignment with what the IPCC set, as many other local, regional, and state goals align with the target of 80% reduction by 2050. The science behind this aspirational target has been well-vetted by thousands of climate scientists, and it doesn’t need to be defended or re-calculated. Lastly, this robust target will outlast changes in local political leadership that will naturally occur between now and 2050. By 2025, the Eagle County community will reduce GHG emissions by 25%. The stakeholders set an interim target that will require considerable efforts and hard decisions, but it also allows adequate time to achieve results. This target is consistent with goals set by other communities. By setting a considerable reduction—one quarter of the emissions the community emits now—some actions beyond the “low-hanging fruit” will be required. The aim is to get moving quickly on making annual GHG reductions throughout the community. The stakeholders also feel that the slogan “25% by 2025” would be compelling and effective for early communication efforts throughout the community. Using these targets, other interim reductions were calculated using a linear approach. The stakeholders agreed that a linear projection of emissions reduction would be the most understandable by the public; even though in reality, there might be large reductions followed by periods of fewer reductions as actions are put into place in different sectors at various times. 25% by 2025 50% by 2035 70% by 2045 80% by 2050 *from 2014 Baseline (See 2014 Eagle CountyEnergy Inventory - Appendix C) Climate Action Plan for the Eagle County Community | Page 13 Climate Action Plan for the Eagle County Community | Page 14 Recommended GHG reduction Goals & Strategies by sector One of the most common ways that communities assess where gains can be made in reducing GHG emissions is by breaking down the source of emissions into understandable categories. These categories, or sectors, make decisions and actions for reducing GHG emissions easier during plan implementation. This plan contains six “sectors” that correspond to the particular climate action opportunities throughout the Eagle County community: 1) education and outreach to help inform sustainable climate-friendly behaviors, 2) residential buildings, 3) commercial buildings and industrial uses, 4) transportation and mobility, 5) waste and landfill, and 6) energy supply. Listed in the following section are the top goals and strategy recommendations for each climate action sector. A full list of ideas generated by stakeholders is provided as Appendix A. Use social-science research on climate change communications andeducation to inform strategies. Create a climate action ‘tool kit’ to share throughout the community. Develop a cross-sector Eagle County climate education team andeducation plan to reach all ages and demographics in Eagle County. Include Eagle County Schools, private K-12 schools, Colorado Mountain College, Walking Mountains Science Center, and other partners. Create a county-wide marketing campaign to raise awareness to engage the community in projects and programs. Include regular announcements through e-newsletters and social media. Ensure community equity so that climate action is all-inclusive andprovides equitable social, economic, and health benefi ts. Utilize special event platforms to share messages, provide resources,and engage participants in behaviors such as zero waste events and bike-to-work days. Incorporate soil-health education to improve carbon sequestration and engage the community in stewardship. Expand and enhance existing educational programs: - Actively Green sustainable business training and certifi cation program, - Energy Smart Colorado energy effi ciency coaching for homeowners, businesses, contractors, and realtors - Colorado Mountain College Certifi cate in Sustainability Leadership and Bachelor of Arts in Sustainability Studies - Eco-Schools program for K-12 schools, supporting student learning and measurable GHG reduction through energy education and behavior change at schools - Colorado State University Extension Service programs and resources. Greater community awareness and understanding of climate change is needed so that people can participate in climate-friendly sustainable behaviors in their daily lives at home, at work, and throughout the community. Effective community engagement in climate action strategies requires partnerships between multiple sectors, targeted education and outreach methods, and continual evaluation of program successes. Education and Outreach Education and Outreach: Top Recommended Strategies Climate Action Plan for the Eagle County Community | Page 15 Climate Action Plan for the Eagle County Community | Page 16 Residential homes create 24% of the total GHG emissions generated in Eagle County. There is a signifi cant opportunity to reduce residential energy use with increased energy effi ciency and conservation efforts. The Colorado State Demographer reports that of Eagle County’s 31,675 housing units (this fi gure does not include commercial lodging properties), 38% were considered “vacant” or unoccupied in 2014. Energy effi ciency retrofi ts from local programs, such as Energy Smart Colorado, can reduce a home’s energy use by 20-30% and save residents hundreds of dollars on their annual energy bills. Reduce GHG emissions 25% below 2014 levels in the residential buildings sector by 2025. For existing residential buildings, expand the localEnergy Smart Colorado energy effi ciency program and incentives in order to reduce GHG emissions in 25% ofall residential buildings in Eagle County by 2025, 50%of all residential buildings by 2035, and 100% by 2050. Provide support and incentives for rental units to be updated with energy effi ciency improvements. For new residential buildings, adopt “abovebuilding code” standards and provide incentives, including “net zero” codes, that are consistent across jurisdictional boundaries throughout Eagle County. Update Eagle County Eco-Build mitigation fees to include all energy-use for large homes over the average Eagle County home size of 3,700 sq. ft., not justoffsetting heated exterior surfaces and pools. Promote and incentivize effi cient use of water in interior and exterior of residential buildings. Continue partnerships with local energy utilities in order to leverage more economic incentives. This graph was developed by Dr. Abel Chávez using “EMiTT” (Effective Mitigation Transition Tool) to helpvisualize, model, track, and quantify climate action mitigation targets. This graph is a hypothetical scenariothat includes the following GHG abatement pathways: 1) electricity from the grid would include 50% renewable energy by 2050 and 100% renewable energy by 2050, and 2) Energy Smart Colorado wouldreach the recommended goal of 100% of homes in Eagle County receiving home energy assessments, andhalf of those homes would complete deep energy retrofi ts. This graph illustrates that the Eagle Countycommunity can take climate action and make signifi cant GHG emission reductions. Fixing aging, leaky buildings is a great start toward effective climate action, but more actions will be needed to reach recommended targets. (BAU = Business As Usual) Reducing Emissions: Residential Residential Buildings Sector: Top Recommended Goals and Strategies Residential Buildings Sector Mitigation Wedges 2014 2025 2040 2050 Year m t C O 2 e Commercial buildings and facilities account for the top sources of GHG emissions in Eagle County. A large amount of energy waste occurs due to inefficient buildings, high energy demands, deferred maintenance, inattention to building performance, and inefficient behavior on the part of occupants. Given current advances in energy efficiency technology and financing programs, there can be up to 40-60% reduction in building-generated GHGs (American Council for an Energy Efficient Economy, 2014). The commercial buildings that exist today will be inhabited into the foreseeable future; therefore, maximizing building efficiency will help ensure reduced energy demands well into the future. Reduce GHG emissions 25% below 2014 levels in the commercialbuildings and facilities sector by 2025. For existing commercial buildings, expand the Energy Smart Colorado energy efficiencyprogram and incentives in order to reduce GHG emissions in 25% of all commercialbuildings in Eagle County by 2025, 50% of all commercial buildings by 2035, and 100%by 2050. Provide support and incentives for buildings over 10,000 square feet to measure and track their energy use through CLEER’s Energy Navigator, the Energy Star Portfolio Manager, or other energy monitoring tools. For new and newly remodeled commercial buildings, adopt “above building code” standards and incentives, including “net zero” codes that are consistent across jurisdictional boundaries throughout Eagle County. Promote and incentivize efficient use of water. Continue partnerships with local energy utilities in order to leverage for more economic incentives. Reducing Emissions: Commercial Commercial Buildings Sector:Top Recommended Goals and Strategies Climate Action Plan for the Eagle County Community | Page 17 Climate Action Plan for the Eagle County Community | Page 18 Transportation and Mobility The majority of GHG emissions from transportation are generated from passenger vehicles. The Eagle County community faces a significant challenge due to Interstate-70 and the many vehicles that pass through the county. Nevertheless, significant improvements in local transportation, mobility systems, and infrastructure can reduce locally generated GHG emissions dramatically, while engaging residents and visitors in healthy climate-friendly lifestyles. Reduce GHG emissions 10% below 2014 levels in thetransportation and mobility sector by 2025. Consider FREE bus service and expanded services throughout the county. Continue to pursue rail transit opportunities to utilize the existing railroad tracks from Dotsero to Leadville. Expand the network of electric vehicle charging stations and promote state and federal incentives for purchasing electric vehicles. Incentivize and encourage multi-modal transportation,including park-and-ride locations and safe county-widebike commuting paths and lanes. Strive for compact mixed-use communities and land-use patterns with affordable workforce housing in close proximity to job centers to enable walking, biking, and transit. Transportation and Mobility Sector: Top Recommended Goals and Strategies This graph is a hypothetical scenario that includes the following GHG abatement pathways: 1) 1% of the Eagle County population annually adopts driving a zero emission at tailpipe vehicle/electric vehicle, 2) increase in paid-parking, reducing the number of people who drive a car to work; 3) all new population growth to the year 2050 lives and works in transit-oriented neighborhoods and workplaces. (BAU = Business As Usual) Meet and exceed the current Eagle County landfill waste diversion goal of 30% diversion rate by 2030, and set an inspiring and achievable waste diversion target that is above the national average. Divert 30% of organics currently landfilled by 2030 through increased composting infrastructure andservices. Support sustainable purchasing policies and practices, and incorporate supply chain management systems. Add new programs and infrastructure to increaserecycling and composting in public areas that are currently deficient, and address hard-to-recycle items like, construction waste and mattresses. Support and incentivize recycling and compostingservices for multi-family buildings which often facechallenges, such as high resident turnover andcontamination of recycling containers. Integrate local waste diversion plan and solutionswith the 2016 Colorado Integrated Solid Waste & Materials Management Plan, designed to provide guidance,cost analysis, strategies, and recommendations tocommunities and local governments. Waste and Landfill The waste and landfill sector refers to methane GHG emissions that result from anaerobic decomposition of organic waste in the landfill. During the first 20 years after its release into the atmosphere, methane gas is 84 times more potent as a GHG than CO2. The 2015 Eagle Valley waste diversion rate was 19.6%, and the recycling rate was 26.9%. There is an effort at the national and state levels to transition away from disposal and towards materials management. The greatest positive impacts in this sector can be realized through reducing materials altogether through more sustainable purchasing practices. Waste and Landfill Sector: Top Recommended Goals and Strategies This graph is a hypothetical scenario that includes diverting half of the compostable materials that currently end up in the landfill. Compostable organics, including paper, account for 60% of the overall tonnage brought to the landfill on an annual basis. (BAU = Business As Usual) Climate Action Plan for the Eagle County Community | Page 19 2014 2030 2050Year m t C O 2 e Climate Action Plan for the Eagle County Community | Page 20 Energy Supply In 2004, Colorado became the first state in the U.S. to create a renewable energy portfolio standard in order to reduce GHG emissions. As the primary provider of energy for buildings and commercial uses throughout the Eagle County community, member-owned utility Holy Cross Energy provides electricity and strives to be a conscientious steward of natural resources. Holy Cross Energy was a pioneer in Colorado, offering consumers the option of purchasing renewable energy to offset GHG emissions. Partnering with utilities, such as Holy Cross Energy, Xcel Energy, and Black Hills Energy, is key toward making large-scale energy supply transitions. Create more financial resources and incentives, and increase the capacity of exterior energy offset programs within the Eagle County community (examples: Eagle County Eco-Build Program, Avon Exterior Energy Offset Program, and Aspen Renewable Energy Mitigation Program), and strive for consistency across jurisdictional boundaries. Research feasibility of local and regional locations for community solar arrays. Encourage utilities to set aggressive goals to reduce their GHG emissions and transition over time away from coal-fired power production. Energy Supply Sector: Top Recommended Goals and Strategies This graph is a hypothetical scenario that includes reducing the GHG intensity from the electrical power mix by 50% in 2030 and 100% in 2050. (BAU = Business As Usual) 2014 2030 2050Year m t C O 2 e The following recommendations support the success of the overall climate action plan and apply to all sectors in this plan: Adopt this climate action plan. Identify people to guide the implementation and follow-through of recommendations in the current plan—designate a task force and hire sustainability/climate staff as needed within local governments and large businesses. Allocate funds for implementation of projects and infrastructure. Collaborate across jurisdictional boundaries for greater impact and likelihood of success. Measure and monitor GHG reduction impacts over time. Begin to address climate change adaptation. Key Recommendations for Community Leaders & decision Makers 1 2 3 4 5 6 Climate Action Plan for the Eagle County Community | Page 21 Climate Action Plan for the Eagle County Community | Page 22 What Does Success Looks Like? Successful community-driven GHG reduction efforts have several key elements that are centered on realistic and achievable targets, community endorsement and support, and strong alignment with community and organizational values. At the onset of the planning process, the stakeholders identified the following elements that are critical to long-term success of the Climate Action Plan for the Eagle County Community: Set Realistic and Achievable Targets• GHG reduction targets must be achievable and measurable• A diverse number of GHG emissions reduction strategies and projects are needed• Actions must be taken by local governments • Progress should be monitored regularly• Celebrate successes along the way to reaching larger goals Community Endorsement, Ownership, and Support of this Plan is Critical• There must be broader community awareness of the need for climate action• Individuals should understand their impacts and responsibilities• Private sector participation and public-private partnerships are keys to success• There must be simple, accessible opportunities for individuals to take action• The community has the tools and resources to reach short and long-term targets Align the Plan with Community and Organizational Values• Local governments adopt the plan and hold values that align with the plan• The plan integrates benefits to the economy, the environment, and social equity• The plan is a catalyst to coordinated climate action across jurisdiction boundaries• Local organizations are aligned with the plan and keys to its success• Local governments strive to coordinate across boundaries• Minimize policy restrictions that limit people’s abilities to take action • Community-wide climate change education is imperative Despite the rewards of success, there are challenges to climate action planning and implementation. These include concerns about communication to and adoption by the public, leadership and prioritization of climate change by decision makers, lack of available funding for new projects, lack of long-term coordinated climate action effort, and tangible obstacles such as technology and infrastructure. Considerations for Implementation The success of this plan rests in the hands of the community and its leaders at many levels. The stakeholders have identified projects, programs, and policies that are both feasible and meaningful for the Eagle County community. In order to meet the 2025 target of 25% reduction of GHG emissions, and the aspirational but critical goal of achieving the 2050 target of a minimum of 80% reduction, this plan must be adopted quickly, shared throughout the community, and supported with meaningful resources. Call To Action Climate Action Plan for the Eagle County Community | Page 23 Breadth of community: Develop programs and education for both residents and guestsCelebrate successes: Take time to recognize accomplishments along the way Clarity: Use language and communication tools that the public can understandFunding: Decision makers prioritize funding for GHG mitigation actionsDiversity: Include a variety of people, strategies, and actions to ensure successImplementation: Decision makers support human resources to enact projects and policiesInfrastructure: Be ready to make tough decisions about infrastructure and building codesMeasurement: Develop metrics that can be monitored and used by all stakeholdersLongevity: Instill a culture of sustainability, and enact policies that outlast changes in leadershipResistance to change: Tackle incremental actions that build confidence Unity: Support towns, county, and other organizations in new climate action partnerships Climate Action Plan for the Eagle County Community | Page 24 Appendixes Appendix A: Project Ideas & Recommendations This Appendix includes detailed tables for each of the six sectors including a basic explanation of each and why they matter. This section also includes lists of recommendations for reducing GHG emissions through water conservation and soil carbon sequestration. The tables include an overview of what is already being done in Eagle County, as the county, towns, and other entities have already undertaken meaningful work in reducing GHG emissions. Finally, the tables include details on programs, projects, and policies that can be undertaken to reduce GHG emissions. These robust lists were developed by the stakeholders in order to provide all users of this climate action plan a place to begin mitigating GHG, and they are reflective of the “triple bottom line” of people, planet, and profit. The stakeholders’ intent is that the county, towns, and other entities use these tables to help guide conversations about planning, policy development, and project implementation. The tables on the following pages also include three columns highlighting ideas that the stakeholders felt would be of special interest to businesses, towns, and the county. Commercial Buildings and Industrial Energy This sector includes traditional commercial buildings, multi-family housing, ski area operations, and commercial area heated streets and driveways. Why focus on the commercial building sector? At 32% of 2014 emissions, this sector constitutes the largest component of the Eagle County community’s GHG emissions. The emissions from this sector can be mitigated through incentives for commercial building owners and landlords, new energy efficient technologies, community solar gardens, education, and sustainable practices in the hospitality sector. What’s already being done: Energy rebates from Energy Smart Colorado (Eagle County Eco-Build Fund, Avon Exterior Energy Offset Program) and Holy Cross Energy, Actively Green Sustainable Business Training and Certification Program, county and municipal goals to reduce energy use, private sector sustainability initiatives, Eco-Schools programming, and more. Cont’d Page 25 Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county High ü High ü High P P High ü High P P High P P P ü P ü P P ü ü P P Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county ü High P P P ü ü Programs and projects Policies and regulations Expand local mitigation programs and fees on snowmelt to address outdoor energy use Develop net zero building codes and certification programs Set wattage limits for lighting for new/remodeled buildings and dark sky code Encourage local stores to sell only LED lights Incorporate flexible work hours and telecommuting to reduce building energy use Support free building phase two audits / recommissioning Hold annual meeting of building officials and planning and design review boards to exchange ideas and best practices Require green laundry practices and efficient toilets at hotels Allow renters in multi-family buildings to make energy-smart recommendations to building owners Encourage landlords to use “green leases”; incentives for landlords Develop baseline energy usage for commercial buildings / plazas Minimum rental energy efficiency guidelines Reduce hotel energy use: install key cards that turns on/off utilities for each room; install timers on gas fireplaces; install occupancy sensors and better automation systems; more education for hospitality sector Expand Energy Smart to beyond retrofits; focus on multi-family, low income units Modify buildings to maximize natural light; add dark sky compliant lighting retrofits Increase assessments and rebates for renewable energy use on commercial properties Adopt SmartRegs for buildings Include more advanced levels of Actively Green Land planning: encourage gardens, green roofs, and native plants in all commercial buildings; create infrastructure for construction and demolition waste, convert golf course “rough” areas into natural habitat Make sustainability practices part of consideration in awarding contracts/ new building requirements - onsite or offsets Commercial Buildings & Industrial Energy Climate Action Plan for the Eagle County Community | Page 25 Climate Action Plan for the Eagle County Community | Page 26 Residential Buildings This sector includes residential homes, both primary and second homes, and multi-family residences with fewer than five units. Why focus on the residential building sector? Residential building-use constituted 28% of emissions in the Eagle County community in 2014.This large component of the community’s emissions can be addressed with homeowner education, energy efficiency audits and incentives, building codes, and other local programs. What’s already being done: Energy Smart Colorado and Holy Cross Energy home energy assessments and rebates for retrofits, ‘green’ MLSprogram, access to community solar and wind projects through Holy Cross Energy, and more. Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Expand Energy Smart Colorado; more education on existing rebate programs; shift to performance based programs High Incentives for landlords and short-term rentals to be more efficient High P LED light bulb giveaways or conversions; require only LED holiday lights; buy- back program for non-LED lights ü Multi-zone split systems for efficient electric baseboards Smart sensors in homes, especially large second homes Town-sponsored events and programs that support energy efficiency ü ü Develop net zero building codes and certification programs ü P Work with HOAs to promote low water use and energy efficiency practices P Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Promote water conservation – native grasses, organic matter, xeriscaping High ü Generate new sources of revenue for income qualified energy efficiency upgrades; employers could offer as benefit to employees High ü ü Eco-Build 3.0 – above 2015 IRC codes for new and existing buildings High ü P Consistent building codes across local political boundaries to increase building contractor’s time efficiency and avoid “jurisdictional shopping” by contractors High ü P Transportation and Mobility This sector includes transportation and transit-oriented design. It also includes the Eagle County Regional Airport. Why focus on the mobility sector? Almost 30% of the Eagle County community’s 2014 emissions came from this sector (3% was from the Eagle County Regional Airport). This sector represents an area in which great gains can be made with policy, infrastructure, education, and a “culture change” among residents and visitors. What’s already being done: ECO Transit, Town of Vail bus system, Sole Power program, improved bike path development, policies to support use of electric bikes, small scale bike share programs, idling policies, and more. Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Change car culture; company incentives for collective transport and telecommuting/encourage remote working High ü P Bicycle education programs (ex: learn to ride safely, bike repair classes, bike donation/earn a bike programs); bicycle sharing program; E-bikes sharing program Electric vehicle infrastructure and incentives; electric buses, more electric charging stations High ü P P Car sharing programs High ü Bike sharing programs and more bike parking areas High ü ü Complete connectivity for biking/walking between towns and better designated bikeways to improve safety P P Public transport service with existing rail line P Shared work spaces (co-working spaces shared by businesses and others) so people don’t have to commute cross county)ü Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Transit-oriented design zoning High ü P Local in-proximity to workplace affordable housing to reduce commuting miles; reduce county sprawl infrastructure extensions Commit to low carbon emission, and zero tailpipe emission, vehicles and equipment ü P P Ride share/carpool service ü Charge for parking ü Encourage carpooling in company vehicles ü Emissions testing; increase MPG policies P Funding for low cost/free transit; first study who uses and if this would be productive P High ü P High P Climate Action Plan for the Eagle County Community | Page 27 Climate Action Plan for the Eagle County Community | Page 28 Waste and Landfill This sector includes waste diversion, residential and commercial recycling, and the county landfill. Why focus on the waste reduction sector? Reduce-Reuse-Recycle, all three R’s are important. In 2015, the overall waste diversion rate of the Eagle Valley was 19.6%. This included general recycled materials, organic materials including yard waste, and household hazardous waste including electronic waste. Eagle County has set an overall waste diversion goal of 30% by 2030. The Eagle Valley recycling rate was 26.9% in 2015; this is below the national average of 34%. Waste reduction, recycling and composting, and sustainable purchasing are areas in which the community can have a greater impact through policy, better infrastructure, education, and programs. A 2010 study of the waste stream at the Eagle County landfill revealed that 40% of current landfill waste could be processed as compost if a commercial scale facility were available. What’s already being done: Eagle County Materials Recovery Facility, waste haulers provide recycling, county and town supported recycling drop-off sites, e-waste collection events, zero waste events, collaboration amongst Eagle Valley Waste Diversion Steering Committee, waste reduction goals set by local governments and other entities, Actively Green Sustainable Business Training and Certification Program, Eco-Schools, and other programs. One town has recently implemented a plastic bag ban and a recycling ordinance. Educational tours to the landfill and recycling facility are very popular. Cont’d Page 29 Programs and projects Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Update Eagle Valley Waste Diversion plan; consider increasing waste diversion goals High P Ensure all schools recycle and compost (when commercial composting becomes available)High P P Reuse construction materials (lumber and construction and demolition waste) High P Group for sustainable purchasing, including local food purchasing High ü Infrastructure improvements for waste diversion, possible single stream at MRF, organic waste diversion High P Zero waste events supported by towns and event producers ü P Repurpose waste into energy or materials ü Address infrastructure gaps discovered in waste access audit of public spaces ü ü Visible public recycling areas, drop sites – at bus stops, sidewalks, at events, etc.P P Home and community composting Anaerobic digesters and methane capture operations ü Policies and regulations Importance to stakeholders Recommended especially for businesses Recommended especially for towns Recommended especially for county Zero waste event goals – encourage events and event facilities to be zero waste High ü ü Research feasibility of increasing landfill tipping fee to support waste diversion efforts High ü Support a Colorado Bottle bill – recycling of glass bottles Reduce use of single use shopping bags county-wide ü P Yard waste collection county-wide P P Commercial compost provided P ü Packaging policies, get rid of Styrofoam ü ü P Register pesticide users to protect organic waste ü Consistent county-wide recycling practices and procedures ü P Waste hauler licensing ü Pay as you throw P P Waste and Landfill Climate Action Plan for the Eagle County Community | Page 29 Climate Action Plan for the Eagle County Community | Page 30 Give community members the knowledge and power to understand theirimpacts and make climate-friendly choices • Use social-science research on climate change communications for education and outreach strategies (e.g., Yale Program on Climate Change Communication, and George Mason Center for Climate Change Communication resources)• Incorporate social diversity and inclusivity throughout education and outreach • Develop a climate action class to feed into current sustainability education programs and trainings• Convene and educate neighborhood climate action groups • Continue to host educational tours to the landfill, and include the materials recovery facility (MRF) and hazardous household waste facility• Host household zero-waste training for residential homeowners • Educate home owners and businesses on shutting down and unplugging when leaving the home or office (reduce “vampire” energy-use)• Educate and incentivize second homeowners to reduce energy use• Promote use of “smart hubs” to understand real-time energy use• Conduct trainings specifically for property managers and landscapers • Educate land owners and users on climate-friendly land use practices Support businesses in climate-friendly practices • Encourage more participation of businesses in the Actively Green Sustainable Business Training and Certification Program • Reduce waste through sustainable purchasing practices and less packaging• Provide more employer/employee climate action and sustainability training • Leverage the VVP Actively Green Awards and the Annual Actively Green Awards Party for businesses• Engage local organizations and groups in educating businesses• Provide cards for hotel rooms and short-term rentals; educate guests on why their efforts matter (water-wise signage, etc.)• Develop employee field experiences, retreats, and experiential learning for climate science understanding for mountain communities Cont’d Page 31 Education and Outreach Create a culture in the community that promotes climate action and sustainability • Create a climate education team to educate about and support implementation of the Climate Action Plan • Provide an e-newsletter with updates on progress related to the Climate Action Plan • Create a valley-wide marketing campaign to elevate day-to-day awareness of climate action and sustainable living • Use an “education-through-demonstration” approach to showcase climate-friendly building, landscaping, and other best-practices • Share the benefits with visitors, such as carbon sequestration and water conservation Engage school children and their families for long-lasting change • Expand the Eco-Schools program at all K-12 schools to educate and recognize youth for their leadership, and incorporate energy saving programs and infrastructure at all schools• Develop competitions for schools on ‘how to reduce carbon footprint’ • Develop “farm-to-school” fresh, local food served in school cafeterias, and teach food production and gardening as part of the curriculum Ideas for an education and marketing campaign promoting climate action • Develop a multi-media brand platform• Create a video about actions that can be taken to promote climate action• Utilize local media, TV, radio, and social media• Fund an educational point position with responsibilities to oversee implementation of climate action education and outreach• Use standardized and frequently communicated, measurable goals • Use empowering positive messages and real-world examples• Focus messages on improved quality of life; connect the message to people and the future • Identify influencers and have them speak up—local celebrities and leaders at regular and fun community events• Host “Trash Talk” about waste with winter visitors—education campaign • Train volunteer advocates for each neighborhood to share ideas with their neighbors; work through neighborhood and homeowner associations• Include outreach to all community sectors, associations, clubs, chambers, etc. Climate Action Plan for the Eagle County Community | Page 31 Education and Outreach Climate Action Plan for the Eagle County Community | Page 32 Reduce reliance on coal-fired power plants, and add more renewable energy sources Provide consumers an option to return equity checks back to Holy Cross Energy to invest in clean power or energy efficiency programs Restructure utility rates to make energy efficiency and conservation more attractive Educate utility co-op owners to advocate for changes Identify areas for local solar arrays Explore use of geothermal energy supply for homes and commercial buildings Explore new technologies, such as storage, to increase renewable energy usage Support Colorado Communities for Climate Action (policy initiatives and lobbyists at the state-level focused on GHG reduction) 1 2 3 4 5 6 7 8 Energy Supply Additional Recommendations Water Conservation and Energy Water conservation reduces demand for both water and energy. Conserving water can play an important role in reducing GHG emissions. The storage, transport, and delivery of water for commercial, residential, and agricultural needs lead to significant GHG emissions. The stakeholders recommend several strategies to conserve water and save energy: • Educate people that all water consumed has to be pumped and processed, requiring energy• Support water utilities and local governments in initiatives to reduce water consumption in facilities and operations• Include more heat recovery systems that use heat energy from discharged treated effluent, such as Avon’s Community Heat Recovery System that heats the pools at the Avon Recreation Center using heat energy from the Avon Waste Water Treatment Facility• Reduce use of water in residential and commercial properties• Develop small hydro plants for electricity generation• Create a study on incentives to switch to xeriscaping for buildings and residences• Work with HOAs to promote low water use and energy efficiency practices Carbon Sequestration and Land Management Organic matter holds carbon in the soil. Land management, landscaping, farming, and ranching practices that support healthy soildevelopment can also be important ways to capture, or sequester, GHGs in the soil and help protect the atmosphere. Below arerecommendations related to carbon sequestration: • Engage agencies, such as CSU Extension, USDA, NRCS, Betty Ford Alpine Gardens, and The Ground Up, to provide education on land management techniques that increase carbon storage • Reduce methane emissions by stopping biodegradable materials from entering the landfill; composting can be a vital way to restore and protect the climate • Promote leaving grass clippings on the ground to return nutrients to the soil• Reduce impermeable surfaces, and encourage catchment of water that promotes healthy ecosystems • Encourage green roofs with native plant species that do not require a large amount of water• Reduce use of synthetic fertilizers and pesticides that are made from fossil fuels that contribute to climate change • Encourage holistic approaches during revegetation and restoration after disturbances, such as after building and infrastructure construction or after natural disasters (e.g., fires and flooding) Climate Action Plan for the Eagle County Community | Page 33 Climate Action Plan for the Eagle County Community | Page 34 Appendix B: Stakeholder Meetings and Public Engagement Information Guiding Principles for Stakeholder Group • Value each other’s and the community’s input and knowledge • Keep in mind the triple bottom-line: “people, planet, profit” • Take calculated risks • Address all sectors that contribute to GHG emissions • Develop meaningful goals and metrics to show progress through time • Strive for informed consent on decisions Stakeholder Meeting Dates March 21, 2016 April 18, 2016 May 23, 2016 June 20, 2016 August 22, 2016 November 14, 2016 Stakeholder Meeting Notes and Materials Meeting notes, slideshow presentations, and other supporting materials can be found at www.walkingmountains.org/cap. Public Open House Sessions September 14, 2016, Brush Creek Pavilion, Eagle September 19, 2016, Grand View, Lionshead Welcome Center, Vail September 22, 2016, Miller Ranch Community Center, Edwards Appendix C: 2014 Eagle County Energy Inventory Ea g l e C o u n t y E n e r g y I n v e n t o r y 20 1 4 d a t a o n e n e r g y u s e , c o s t s a n d G H G e m i s s i o n s KE Y F I N D I N G S • G r e e n h o u s e g a s e m i s s i o n s f r o m e n e r g y u s e i n E a g l e Co u n t y i n 2 0 1 4 t o t a l e d 1 . 4 m i l l i o n m e t r i c t o n s o f c a r b o n di o x i d e e q u i v a l e n t ( C O 2 e ) . • T h e s i n g l e l a r g e s t s o u r c e o f e m i s s i o n s , a t 3 9 p e r c e n t , is f r o m t h e g e n e r a t i o n o f e l e c t r i c i t y u s e d t o p o w e r re s i d e n t i a l a n d c o m m e r c i a l b u i l d i n g s a n d f a c i l i t i e s . • G r e e n h o u s e g a s e m i s s i o n s o n a p e r c a p i t a b a s i s a r e hi g h e r i n E a g l e C o u n t y t h a n i n C o l o r a d o o r t h e U . S . A s a re s o r t c o m m u n i t y , E a g l e C o u n t y h a s m o r e s e c o n d ho m e s , h o t e l s a n d e n e r g y i n t e n s i v e r e c r e a t i o n f a c i l i t i e s . • C o n s i s t e n t w i t h n a t i o n a l fi n d i n g s , E a g l e C o u n t y tr a n s p o r t a t i o n e m i s s i o n s c o m e pr i m a r i l y f r o m p a s s e n g e r v e h i c l e s . • T h e E a g l e C o u n t y c o m m u n i t y s p e n t $ 2 4 3 m i l l i o n i n 20 1 4 o n e n e r g y , f o r e l e c t r i c a n d n a t u r a l g a s b i l l s a n d f o r d ie s e l a n d g a s o l i n e t r a n s p o r t a t i o n f u e l s . • I f t h e c o m m u n i t y a s a w h o l e b e c a m e 1 0 p e r c e n t m o r e en e r g y e f f i c i e n t , $ 2 4 m i l l i o n c o u l d s t a y i n t h e c o m m u n i t y ea c h y e a r t o s t r e n g t h e n t h e l o c a l e c o n o m y . Se c t i o n 1 : O v e r v i e w o f E m i s s i o n s , E n e r g y C o s t s a n d E n e r g y U s e To t a l 2 0 1 4 c a r b o n d i o x i d e e q u i v a l e n t ( C O 2 e) e m i s s i o n s : 1, 3 8 7 , 0 8 0 m e t r i c t o n s 2. E m i s s i o n s b y S e c t o r , 2 0 1 4 Me t r i c t o n s o f CO 2 e 3. E m i s s i o n s b y S o u r c e , 2 0 1 4 Me t r i c t o n s o f CO 2 e 4. E n e r g y C o s t s b y S o u r c e To t a l e n e r g y c o s t s : $2 4 3 . 5 m i l l i o n 1. E m i s s i o n s p e r C a p i t a , 2 0 1 4 Me t r i c t o n s o f C O 2 5. E n e r g y U s e b y S o u r c e , 2 0 1 4 To t a l e n e r g y u s e : 1 8 . 8 t r i l l i o n B T U s Gr e e n h o u s e g a s e m i s s i o n s di v i d e d o n a p e r c a p i t a b a s i s a r e 28 p e r c e n t h i g h e r i n E a g l e C o u n t y th a n i n C o l o r a d o . C o n t r i b u t i n g fa c t o r s a r e t r a n s p o r t a t i o n , s e c o n d ho m e s a n d l o d g i n g . Se e a p p e n d i x f o r d e t a i l s a b o u t ho u s e h o l d e n e r g y u s e a n d t h e im p a c t o f s e c o n d h o m e s o n en e r g y u s e . Ch a r t 4 s h o w s t h a t m o r e t h a n h a l f o f e n e r g y co s t s a r e f o r t r a n s p o r t a t i o n f u e l s ( b a s e d o n 20 1 4 a v e r a g e p r i c e o f $ 2 . 9 2 / g a l l o n ) . N a t u r a l ga s p r i c e s i n C o l o r a d o r a n k 4 7 t h i n t h e U . S . , th u s t h e s m a l l w e d g e f o r n a t u r a l g a s c o s t s . Ch a r t 5 c o n v e r t e d g a l l o n s o f t r a n s p o r t a t i o n fu e l , k i l o w a t t h o u r s o f e l e c t r i c i t y a n d t h e r m s of n a t u r a l g a s i n t o a c o m m o n , i n d u s t r y st a n d a r d e n e r g y u n i t , t h e B r i t i s h t h e r m a l u n i t (B T U ) . S e e A p p e n d i x f o r t h e d e f i n i t i o n o f B T U . Ch a r t 2 i l l u s t r a t e s t h e s o u r c e s o f e m i s s i o n s b y u s e , w h i l e C h a r t 3 i l l u s t r a t e s em i s s i o n s b y f u e l s o u r c e . T h e r e s i d e n t i a l a n d t h e c o m m e r c i a l / i n d u s t r i a l se c t o r s c o n t r i b u t e t h e l a r g e s t p e r c e n t a g e o f t o t a l e m i s s i o n s i n t h e c o u n t y . By f u e l , e l e c t r i c i t y u s e c o n t r i b u t e s t h e l a r g e s t s h a r e o f e m i s s i o n s , f o l l o w e d by g a s o l i n e a n d d i e s e l f u e l s f o r t r a n s p o r t a t i o n . Se c t i o n 2 : U t i l i t y E n e r g y Se c t i o n 3 : E m i s s i o n s f r o m B u i l d i n g s , F a c i l i t i e s a n d I n d u s t r y Ea g l e C o u n t y E n e r g y I n v e n t o r y / 2 0 1 4 d a t a o n e n e r g y c o n s u m p t i o n , s p e n d i n g a n d e m i s s i o n s / A p r i l 2 0 1 6 6. E m i s s i o n s b y S e c t o r Me t r i c t o n s o f CO 2 e 7. E m i s s i o n s b y U t i l i t y Me t r i c t o n s o f CO 2 e 8. H o l y C r o s s E n e r g y E l e c t r i c i t y S o u r c e s CO 2 e m i s s i o n s / y e a r : 83 1 , 3 8 4 m e t r i c t o n s Av e r a g e C O 2 i n t e n s i t y : 1. 5 7 l b . p e r k W h Re n e w a b l e e n e r g y : 20 . 3 % Me m b e r - o w n e d re n e w a b l e s y s t e m s : 5 1 7 Ca p a c i t y : 3 , 4 9 2 k W Me t e r s i n E a g l e C o u n t y : 29 , 3 3 5 r e s i d e n t i a l 6, 3 0 4 c o m m e r c i a l El e c t r i c i t y i s t h e d o m i n a n t s o u r c e o f e m i s s i o n s f r o m b u i l d i n g e n e r g y u s e. 9. E m i s s i o n s b y C o m m u n i t y by R e s i d e n t i a l a n d C o m m e r c i a l S e c t o r , 2 0 1 4 Me t r i c t o n s o f CO 2 e No t e s f o r C h a r t s 9 a n d 1 0 : Ed w a r d s : Da t a f o r E d w a r d s , a n u n i n c o r p o r a t e d co m m u n i t y , i n c l u d e s t h e e n t i r e 8 1 6 3 2 z i p c o d e . Un i n c o r p : Ab b r e v i a t i o n f o r “ u n i n c o r p o r a t e d ” i n c l u d e s me t e r s i n u n i n c o r p o r a t e d E a g l e C o u n t y o t h e r t h a n t h e Ed w a r d s 8 1 6 3 2 z i p c o d e . U n i n c o r p o r a t e d E a g l e C o u n t y ha s m o r e p o p u l a t i o n a n d h o u s i n g u n i t s t h a n a n y o f t h e co u n t y ’ s i n d i v i d u a l m u n i c i p a l i t i e s . Co m m e r c i a l : A u t i l i t y d e s i g n a t i o n f o r a m e t e r o n pr op e r t i e s s u c h a s h o t e l s , m u l t i - f a m i l y c o m p l e x e s w i t h on e m e t e r , r e c r e a t i o n a l f a c i l i t i e s ( l i f t s a n d s n o w - m a k i n g eq u i p m e n t ) , g o v e r n m e n t s , s c h o o l s , r e t a i l , i n d u s t r i a l a n d ma n u f a c t u r i n g f a c i l i t i e s . Bu s i n e s s e s a n d g o v e r n m e n t s o f t e n h o l d m a n y u t i l i t y ac c o u n t s f o r t h e m u l t i p l e p r o p e r t i e s t h e y o w n o r l e a s e . In t h i s c h a r t , e a c h u t i l i t y a c c o u n t i s c o u n t e d s e p a r a t e l y , re g a r d l e s s o f o w n e r s h i p . Ch a r t 9 s h o w s t o t al e m i s s i o n s i n e a c h c o m m u n i t y f r o m bu i l d i n g , f ac i l i t y a n d i n d u s t r i a l e n e r g y u s e i n t h e r e s i d e n t i a l an d c o m m e r c i a l s e c t o r s . Ch a r t 1 0 s h o w s e m i s s i o n s b y c o m m u n i t y ba s e d o n t h e n u m b e r o f r e s i d e n t i a l ( l i g h t ye l l o w ) a n d c o m m e r c i a l ( d a r k y e l l o w ) el e c t r i c u t i l i t y a c c o u n t s i n e a c h co m m u n i t y a n d i n u n i n c o r p o r a t e d a r e a s (f a r r i g h t b a r ) . Wh i l e c o m m e r c i a l e n e r g y u s e p e r ac c o u n t i s h i g h e r t h a n r e s i d e n t i a l , i t ’ s im p o r t a n t t o n o t e t h a t t h e r e a r e a b o u t fi v e t i m e s a s m a n y r e s i d e n t i a l a c c o u n t s as c o m m e r c i a l a c c o u n t s a c r o s s E a g l e Co u n t y . H o w e v e r , t o t a l e n e r g y u s e be tw e e n t h e t w o s e c t o r s i s c l o s e , 5 3 pe r c e n t f o r c o m m e r c i a l a n d 4 7 p e r c e n t fo r r e s i d e n t i a l ( s e e C h a r t 6 ) . 10 . E m i s s i o n s b y C o m m u n i t y b y R e s i d e n t i a l a n d C o m m e r c i a l U t i l i t y A c c o u n t , 2 0 1 4 Me t r i c t o n s o f CO 2 e Se c t i o n 4 : T r a n s p o r t a t i o n E n e r g y E m i s s i o n s a n d U s e 11 . E a g l e C o u n t y Tr a n s p o r t a t i o n E m i s s i o n s , 20 1 4 Me t r i c t o n s o f CO 2 e 13 . U . S . T r a n s p o r t a t i o n S e c t o r Em i s s i o n s b y S o u r c e Me t r i c t o n s o f CO 2 e 12 . E a g l e C o u n t y E n e r g y U s e b y V e h i c l e C l a s s , 2 0 1 4 Th o u s a n d s o f G a l l o n s Ea g l e C o u n t y E n e r g y I n v e n t o r y / 2 0 1 4 d a t a o n e n e r g y c o n s u m p t i o n , s p e n d i n g a n d e m i s s i o n s / A p r i l 2 0 1 6 Se c t i o n 5 : R e c o m m e n d a t i o n s En e r g y E f f i c i e n c y : En e r g y e f f i c i e n c y p r o g r a m s n e e d t o a d d r e s s el e c t r i c i t y c o n s u m p t i o n s i n r e s i d e n t i a l , c o m m e r c i a l a n d in d u s t r i a l s e c t o r s a c r o s s t h e c o u n t y . T h e g r e a t e s t p o t e n t i a l f o r em i s s i o n s r e d u c t i o n i s i n c o m m e r c i a l s e c t o r e n e r g y u s e . Re n e w a b l e E n e r g y : Pa r t n e r i n g w i t h H o l y C r o s s E n e r g y t o in c r e a s e t h e a m o u n t o f r e n e w a b l e e n e r g y i n t h e u t i l i t y ’ s p o w e r po r t f o l i o w i l l d e c r e a s e e m i s s i o n s f r o m e l e c t r i c i t y c o n su m p t i o n . T ra n s p o r t a t i o n : Pr o g r a m s s h o u l d f o c u s o n r e d u c i n g pa s s e n g e r v e h i c l e t r a v e l a n d s h i f t i n g t o c l e a n e r - b u r n i n g al t e r n a t i v e f u e l s . K e y c o m p o n e n t s s h o u l d i n c l u d e i n c r e a s e d av a i l a b i l i t y o f p u b l i c t r a n s i t , g r o w t h i n p u b l i c e l e c t r i c v e h i c l e ch a r g i n g s t a t i o n s a n d u s e o f e l e c t r i c v e h i c l e s , a n d m o r e bi c y c l e t r a v e l o p t i o n s w i t h i n c o m m u n i t i e s . Po l i c y : Lo c a l g o v e r n m e n t p a r t n e r s s h o u l d w o r k t o w a r d s i m i l a r po li c i e s t h a t r e d u c e e m i s s i o n s , s u c h a s e n e r g y e f f i c i e n c y bu i l d i n g c o d e s, l a n d u s e c o d e s t h a t e n c o u r a g e c o m p a c t wa l k a b l e c o m m u n i t i e s a n d t r a n s i t - o r i e n t e d d e v e l o p m e n t , a n d mu l t i - m o d a l t r a n s p o r t a t i o n p l a n n i n g . Ar e a s o f F u r t h e r S t u d y Tr a v e l p a t t e r n s t u d y t o a s s i s t w i t h l o c a l t r a f f i c e m i s s i o n s • ca l c u l a t i o n s a n d p l a n n i n g f o r m a s s t r a n s i t . Up d a t e d w a s t e c o m p o s i t i o n s t u d y a t t h e E a g l e C o u n t y • La n d f i l l t o e n s u r e m or e r e c e n t d a t a i s i n c o r p o r a t e d i n t o fu tu r e i n v e n t o r i e s a n d t o a c k n o w l e d g e i m p r o v e m e n t s a t th e l a n d f i l l . En e r g y u s e s t u d y t o d i f f e r e n t i a t e b e t w e e n o c c u p i e d a n d • un o c c u p i e d h o u s i n g . En e r g y u s e s t u d y s p e c i f i c a l l y f o c u s e d o n r e s o r t • op e r a t i o n s . Ch a r t 1 1 . T o c a l c u l a t e m o t o r v e h i c l e e n e r g y u s e , th e r e s e a r c h t e a m d e t e r m i n e d t h a t t h e b e s t av a i l a b l e m e t h o d w a s t o u s e C o l o r a d o D e p a r t m e n t of T r a n s p o r t a t i o n t r a f f i c s t a t i s t i c s f o r E a g l e C o u n t y . CD O T d a t a d o e s n o t i n c l u d e c o u n t y r o a d s o r c i t y st r e e t s . B e c a u s e o f t h i s m i s s i n g i n f o r m a t i o n , t h i s in v e n t o r y ’ s e s t i m a t e i s i n h e r e n t l y c o n s e r v a t i v e a n d is v e r y l i k e l y a n u n d e r e s t i m a t e o f t o t a l tr a n s p o r t a t i o n e n e r g y u s e . Be c a u s e o f t h e e c o n o m i c i m p o r t a n c e o f I - 7 0 t o t h e re g i o n f o r d e s t i n a t i o n t r a f f i c , t h e h i g h p e r c e n t a g e of l o c a l t r a f f i c o n I - 7 0 , a n d t h e b u i l t - i n un d e r e s t i m a t i o n d u e t o m i s s i n g c i t y s t r e e t t r a f f i c , th e r e s e a r c h t e a m c h o s e t o i n c l u d e 1 0 0 p e r c e n t o f I- 7 0 t r a f f i c t o r e p r e s e n t t h e c o u n t y ’ s t o t a l v e h i c l e mi l e s t r a v e l e d . Ch a r t 1 2 . T h e m a j o r i t y of g a s o l i n e a n d d i e s e l fu e l u s e i s f o r v e h i c l e s th a t c a r r y p a s s e n g e r s . Th e t w o b a r s o n t h e ri g h t r e p r e s e n t s m a l l an d l a r g e p a s s e n g e r ve h i c l e s . C o m b i n e d , th e y a c c o u n t f o r 7 9 pe r c e n t o f g a s o l i n e a n d di e s e l g a l l o n s u s e d i n Ea g l e C o u n t y . M e d iu m an d h e av y - d u t y t r u c k s an d s e m i s u s e 2 1 pe r c e n t o f g a s o l i n e a n d di e s e l g a l l o n s . Ch a r t 1 3 . W i t h i n t h e U . S . tr a n s p o r t a t i o n s e c t o r , l i g h t - d u t y ve h i c l e s ( i n c l u d i n g p a s s e n g e r c a r s an d l i g h t - d u t y t r u c k s ) w e r e b y f a r th e l a r g e s t c a t e g o r y , r e s p o n s i b l e f o r 61 p e r c e n t o f e m i s s i o n s . M e d i u m - an d h e a v y - d u t y t r u c k s m a d e u p t h e se c o n d l a r g e s t c a t e g o r y , w i t h 2 3 pe r c e n t o f e m i s s i o n s . B e t w e e n 19 9 0 a n d 2 0 1 3 , e m i s s i o n s na t i o n w i d e in t h e t r a n s p o r t a t i o n se ct o r i n c r e a s e d m o r e i n a b s o l u t e te r m s t h a n a n y o t h e r s e c t o r ( i . e . el e c t r i c i t y g e n e r a t i o n , i n d u s t r y , ag r i c u l t u r e , r e s i d e n t i a l , o r co m m e r c i a l ) . Ea g l e C o u n t y E n e r g y I n v e n t o r y / 2 0 1 4 d a t a o n e n e r g y c o n s u m p t i o n , s p e n d i n g a n d e m i s s i o n s / A p r i l 2 0 1 6 14 . E n e r g y U s e , in m i l l i o n B T U s 15 . E n e r g y C o s t 16 . E l e c t r i c i t y U s e , in m W h 17 . E l e c t r i c i t y C o s t En e r g y p e r H o u s e h o l d p e r Y e a r , 2 0 1 4 El e c t r i c i t y p e r H o u s e h o l d p e r Y e a r , 2 0 1 4 18 . O c c u p i e d a n d u n o c c u p i e d h o u s i n g u n i t s , 2 0 1 4 Ea g l e C o u n t y h a s a h i g h pe r c e n t a g e o f un o c c u p i e d h o u s i n g un i t s c o m p a r e d t o Co l o r a d o o v e r a l l , o r t o no n - r e s o r t c o u n t i e s s u c h as G a r f i e l d C o u n t y . Su m m i t C o u n t y h a s a n ev e n h i g h e r p e r c e n t a g e of r e s i d e n t i a l u n i t s co n s i d e r e d u n o c c u p i e d . Ap p e n d i x Pe r c a p i t a a n d p e r h o u s i n g u n i t c a l c u l a t i o n s a r e o n e w a y t o co m p a r e o n e c o m m u n i t y ’ s e n e r g y u s e t o o t h e r s , e v e n w h e n po p u l a t i o n t o t a l s a r e d i f f e r e n t . H o w e v e r , t h e s e c a l c u l a t i o n s ca n b e d i f f i c u l t t o a p p l y i n a r e s o r t - d o m i n a t e d c o m m u n i t y s u c h as E a g l e C o u n t y . Pe r C a p i t a : A p e r c a p i t a c a l c u l a t i o n d i v i d e s e n e r g y u s e o r em i s s i o n s b y t h e p e r m a n e n t p o p u l a t i o n o f t h e c o m m u n i t y , a s sh o w n i n C h a r t 1 ( p a g e 1 ) . T h e E a g l e C o u n t y p o p u l a t i o n u s e d fo r t h i s c a l c u l a t i o n w a s 5 2 , 8 3 1 . Ch a r t 1 s h o w s a m u c h h i g h e r r a t e o f e m i s s i o n s p e r c a p i t a f o r Ea g l e t h a n f o r C o l o r a d o o r t h e U n i t e d S t a t e s . E a g l e C o u n ty ’ s la r g e r e s o r t i n d u s t r y , w h i c h i n c l u d e s s k i l i f t s a n d o n - m o u n t a i n fa c i l i t i e s , a n d a h i g h d e n s i t y o f l o d g i n g , d i n i n g a n d r e t a i l es t a b l i s h m e n t s i n e a s t e r n E a g l e C o u n t y , a c t s l i k e o t h e r l a r g e en e r g y - u s i n g i n d u s t r i e s w o u l d i n s k e w i n g t h e p e r c a p i t a em i s s i o n s f i g u r e . Pe r H o u s i n g U n i t : Pe r h o u s i n g u n i t c a l c u l a t i o n s a r e a n o t h e r me a n s o f c o m p a r i n g o n e c o m m u n i t y ’ s e n e r g y u s e t o o t h e r s , sp e c i f i c a l l y i n t h e r es id e n t i a l s e c t o r . T h e s e c a l c u l a t i o n s d i v i d e t ot a l e n e r g y u s e i n t h e r e s i d e n t i a l s e c t o r b y t h e n u m b e r o f ho u s e h o l d s o r r e s i d e n t i a l s e r v i c e m e t e r s i n t h a t c o m m u n i t y . Th i s c a l c u l a t i o n e x c l u d e s e m i s s i o n s f r o m t h e c o m m e r c i a l se c t o r , a v o i d i n g t h e i m b a l a n c e s e e n i n C h a r t 1 . Ho w e v e r , t h e p e r h o u s i n g u n i t c a l c u l a t i o n i s a l s o d i f f i c u l t t o ap p l y i n E a g l e C o u n t y , b e c a u s e a h i g h p e r c e n t a g e o f re s i d e n t i a l u n i t s a r e u s e d s p o r a d i c a l l y o r s e a s o n a l l y a s s e c o n d ho m e s a n d v a c a t i o n r e n t a l s . T h e s e s e c o n d h o m e s a n d va c a t i o n r e n t a l s u s e e n e r g y w h e t h e r t h e y a r e v a c a n t o r oc c u p i e d , a l t h o u g h t h e y w o u l d p r e s u m a b l y u s e l e s s e n e r g y wh e n v a c a n t . Th e C o l o r a d o S t a t e D e m o g r a p h e r r e p o r t s t h a t o f E a g l e Co u n t y ’ s 3 1 , 6 7 5 h o u s i n g u n i t s ( t h i s f i g u r e d o e s n o t i n c l u d e co m m e r c i a l l o d g i n g p r o p e r t i e s ) , 3 8 p e r c e n t w e r e c o n s i d e r e d “v a c a n t ” o r u n o c c u p ie d i n 2 0 1 4 . C o l o r a d o ’ s a v e r a g e v a c a n c y ra t e i n 2 0 1 4 w a s 7 . 6 p e r c e n t . Ut i l i t y c o m p a n i e s , h o w e v e r , d o n o t d i f f e r e n t i a t e b e t w e e n pe r m a n e n t l y o c c u p i e d h o m e s a n d s p o r a d i c a l l y o c c u p i e d se c o n d h o m e s a n d v a c a t i o n r e n t a l s . S o i t ’ s i m p o s s i b l e , wi t h o u t f u r t h e r s t u d y , t o c a l c u l a t e e n e r g y u s e b y p e r m a n e n t l y oc c u p i e d c o m p a r e d t o s p o r a d i c a l l y o c c u p i e d h o m e s . Fo r t h i s i n v e n t o r y , t h e r e s e a r c h t e a m r a n t h e p e r h o u s i n g u n it c al c u la t i o n b o t h w a y s , d i v i d i n g a l l r e s i d e n t i a l e n e r g y u s e b y a l l ho u s i n g u n i t s ( s e c o n d b a r f r o m r i g h t i n C h a r t s 1 5 - 1 8 ) , a n d di v i d i n g o n l y b y p e r m a n e n t l y o c c u p i e d u n i t s ( r i g h t b a r ) . N e i t h e r ba r a c c u r a t e l y d e p i c t s a v e r a g e h o u s e h o l d e n e r g y u s e f o r E a g l e Co u n t y . D i v i d i n g b y a l l u n i t s y i e l d s a l o w p e r - u n i t a v e r a g e , w h i l e di v i d i n g o n l y b y o c c u p i e d u n i t s y i e l d s a n u n f a i r l y h i g h p e r - u n i t av e r a g e . T h e t r u e n u mb e r i s p r o b a b l y s o m e w h e r e i n b e t w e e n . Wh a t i s a B T U ? Ch a r t s 5 a n d 1 5 r e p o r t t o t a l en e r g y u s e b y a c o m m o n u n i t , Br i t i s h t h e r m a l u n i t o r B T U . On e B T U i s t h e a m o u n t o f w o r k ne e d e d t o r a i s e t h e te m p e r a t u r e o f 1 p o u n d o f wa t e r b y 1 d e g r e e F . F o r a ph y s i c a l e x a m p l e , b u r n i n g o n e 4- i n c h w o o d e n k i t c h e n m a t c h ge n e r a t e s 1 B T U . En e r g y a n d E m i s s i o n s b y P o p u l a t i o n a n d H o u s e h o l d Ea g l e C o u n t y E n e r g y I n v e n t o r y / 2 0 1 4 d a t a o n e n e r g y c o n s u m p t i o n , s p e n d i n g a n d e m i s s i o n s / A p r i l 2 0 1 6 So u r c e s Sp e c i a l t h a n k s t o t h e E a g l e C o u n t y C o m m i s s i o n e r s , J e a n n e Mc Q u e e n e y , J i l l R y a n a n d K a t h y C h a n d l e r - H e n r y , f o r t h e i r co n t i n u e d w o r k t o a d d r e s s c l i m a t e c h a n g e , f o r t h e i r un d e r s t a n d i n g o f t h e i m p o r t a n c e o f e n e r g y , a n d f o r co m m i s s i o n i n g t h i s e m i s s i o n s i n v e n t o r y f o r e n a c t i n g in f o r m e d c l i m a t e a c t i o n p o l i c i e s . Th e f o l l o w i n g i n d i v i d u a l s p r o v i d e d d a t a , i n s i g h t , s u p p o r t an d e x p e r t i s e f o r t h i s r e p o r t : Jo h n G i t c h e l l a n d A d a m P a l m e r , E a g l e C o u n t y He at h e r M c G r e g o r a n d A l i c e L a i r d , C L E E R Ch r i s M e n g e s , C i t y o f A s p e n C a n a r y I n i t i a t i v e Ch r i s H i l d r e d , H o l y C r o s s E n e r g y St e v e D e G r a z i o , X c e l E n e r g y Li s a P f i t z i n g e r a n d R e n a e C h a n d l e r , B l a c k H i l l s E n e r g y / So u r c e G a s Am a n d a N o l a n , E a g l e C o u n t y L a n d f i l l Ch r i s A n d e r s o n a n d J e f f r e y B r o w n b a c k , E a g l e C o u n t y A i r p o r t Ch a r t 1 U. S . E n e r g y I n f o r m a t i o n A d m i n i s t r a t i o n : C a r b o n e m i s s i o n s b y s ta t e: ww w . e i a . g o v / e n v i r o n m e n t / e m i s s i o n s / s t a t e / a n a l y s i s / Co l o r a d o S t a t e D e m o g r a p h e r ’ s O f f i c e : P o p u l a t i o n a n d Ho u s e h o l d E s t i m a t e s f o r C o l o r a d o C o u n t i e s a n d Mu n i c i p a l i t i e s , 2 0 1 4 : bi t . l y / C O C o u n t y M u n i H o u s i n g 2 0 1 4 Ch a r t s 2 - 7 Ea g l e C o u n t y E n e r g y I n v e n t o r y d a t a g a t h e r e d f r o m H o l y C r o s s En e r g y , X c e l E n e r g y , S o u r c e G a s , C o l o r a d o D e p a r t m e n t o f Tr a n s p o r t a t i o n , E a g l e C o u n t y A i r p o r t Pi t k i n , E a g l e a n d G a r f i e l d W a s t e C o m p o s i t i o n S t u d y , 2 0 0 9 , LB A A s s o c i a t e s , f u n d e d b y U . S . D e p t . o f A g r i c u l t u r e Ch a r t 7 In 2 0 1 6 , B l a c k H i l l s E n e r g y a c q u i r e d S o u r c e G a s . Ch a r t 8 Ho l y C r o s s E n e r g y , 2 0 1 4 C O 2 E m i s s i o n s R e p o r t Ch a r t s 9 - 1 0 Ea g l e C o u n t y E n e r g y I n v e n t o r y d a t a ( u s a g e a n d c u s t o m e r co u n t s ) g a t h e r e d f r o m H o l y C r o s s E n e r g y , X c e l E n e r g y a n d So u r c e G a s Ch a r t 1 1 Co l o r a d o D e p a r t m e n t o f T r a n s p o r t a t i o n : V e h i c l e s M i l e s Tr a v e l e d S t a t i s t i c s , D a t a p r o v id e d b y C D O T s t a f f A n d r e w H o g l e an d L e o L i v e c c h i . Ch a r t 1 2 Ve h i c l e m i l e s t r a v e l e d ( V M T ) d a t a w a s c o m b i n e d w i t h t h e As p e n V M T M o d e l 2 0 1 4 p r e p a r e d b y C h a r l i e r A s s o c i a t e s (2 0 1 5 ) , t h e n e a r e s t r e g i o n a l d a t a a v a i l a b l e , t o e s t i m a t e ve h i c l e m i l e s t r a v e l e d p e r v e h i c l e t y p e , i n c l u d i n g c a r s , p i c k u p s , an d m e d i u m a n d h e a v y t r u c k s . Ch a r t 1 3 U. S . O f f i c e o f T r a n s p o r t a t i o n a n d A i r Q u a l i t y : F a s t F a c t s : U . S . Tr a n s p o r t a t i o n S e c t o r G r e e n h o u s e G a s E m i s s i o n s 1 9 9 0 - 2 0 1 3 , EP A- 4 2 0 - F - 1 5 - 0 3 2 O c t o b e r 2 0 1 5 : bi t . l y / f a s t f a c t s 1 5 0 3 2 Ch a r t s 1 4 - 1 8 U. S . E n e r g y I n f o r m a t i o n A d m i n i s t r a t i o n : U . S . & C o l o r a d o en e r g y c o m p a r i s o n s : bi t . l y / E I A - U S - C o l o Co l o r a d o S t a t e D e m o g r a p h e r ’ s O f f i c e : P o p u l a t i o n a n d Ho u s e h o l d E s t i m a t e s f o r C o l o r a d o C o u n t i e s a n d Mu n i c i p a l i t i e s , 2 0 1 4 : bi t . l y / C O C o u n t y M u n i H o u s i n g 2 0 1 4 Da t a c o l l e c t i o n a n d a n a l y s i s b y E r i c a S p a r h a w k , C L E E R , a n d R i c k H e e d e , C l i m a t e M i t i g a t i o n S e r v i c e s So u r c e s a n d A c k n o w l e d g e m e n t s En e r g y I n v e n t o r y P r o t o c o l Th e E a g l e C o u n t y E n e r g y I n v e n t o r y q u a n t i f i e s t o t a l en e r g y u s e , c o s t s a n d c a r b o n e m i s s i o n s b y s e c t o r a n d by f u e l a n d u t i l i t y s o u r c e , u s i n g 2 0 1 4 a s t h e b a s e l i n e ye a r . Th e i n v e n t o r y ’ s p u r p o s e i s t o u n d e r s t a n d h o w a n d w h e r e en e r g y i s u s e d a n d e m i s s i o n s a r e g e n e r a t e d . W i t h t h i s in f o r m a t i o n i n h a n d , e a c h e n e r g y - u s i n g s e c t o r c a n id e n t i f y o p p o r t u n i t i e s t o i n c r e a s e e f f i c i e n c y , r e d u c e em i s s i o n s a n d r e d u c e c o s t s . Th i s i n ve n t o r y c o m p l i e s w i t h t h e U . S . C o m m u n i t y Pr o t o c o l f o r A c c o u n t i n g a n d R e p o r t i n g o f G H G E m i s s i o n s (U S C P ) . A t l e a s t f i v e e m i s s i o n - g e n e r a t i n g a c t i v i t i e s m u s t be i n c l u d e d f o r a n i n v e n t o r y t o b e U S C P c o m p l i a n t . T h i s in v e n t o r y s u r v e y s f i v e a c t i v i t i e s : r e s i d e n t i a l e n e r g y , co m m e r c i a l e n e r g y , v e h i c l e s , a v i a t i o n a n d t h e l a n d f i l l . CL E E R : C l e a n E n e r g y E c o n o m y f o r t h e R e g i o n P.O . B o x 4 2 8 / 5 2 0 S . T h i r d S t . , S u i t e 1 7 , C a r b o n d a l e , C o l o r a d o 8 1 6 2 3 (9 7 0 ) 7 0 4 - 9 2 0 0 / C l e a n E n e r g y E c o n o m y . n e t Appendix D: Glossary of Key Terms Adaptation – efforts by society or ecosystem to prepare for and adjust to future climate change (e.g., upgrading infrastructure to be prepared for climate change - induced changes in summer temperatures or annual rainfall)Climate – the average weather over 30 yearsClimate Change – a statistically significant variation in either the mean climate or in its variability (decade or longer) due to natural or anthropogenic causesMitigation – an effort to reduce or prevent impacts of greenhouse gas emissions (e.g., building more multi-modal trails to reduce vehicle use)Projection – a model that describes the future of the climate based on trajectories and dataTrend – the trajectory of past climate over short- and long-term periods of timeResilience – the capability to anticipate, prepare for, or recover from a complex, multi-hazard threatWeather – the current and short-term way the atmosphere is behaving Appendix E: Literature Cited CO Integrated Solid Waste and Materials Management Plan. 2016. www.colorado.gov/pacific/cdphe/integrated-solid-waste-management-plan Doran and Zimmerman. 2009. Examining the scientific consensus on climate change Transactions of the American Geophysical Union. Eagle County. 2016. Eagle County Energy Inventory for year 2014. Eagle County Government and Clean Energy Economy for the Region. http://www.eaglecounty.us/EnvHealth/Documents/General/Energy_Inventory/ Energy Efficiency - Report: Amercian Council for an Energy Efficient Economy. 2014. www.aceee.org Gordon and Ojima. 2015. Colorado climate change vulnerability study: A report submitted to the Colorado Energy Office. http://wwa.colorado.edu/climate/co2015vulnerability/ Intergovernmental Panel on Climate Change (IPCC). 2014. Fifth assessment report. https://www.ipcc.ch/report/ar5/wg3/ Lukas et al. 2014. Climate Change in Colorado: A Synthesis to Support Water Resources Management and Adaptation. A report for the CWCB. http://cwcb.state.co.us/environment/climate-change NASA. 2016. http://climate.nasa.gov/evidence/ State of Colorado. 2015. Colorado Climate Plan. http://cwcb.state.co.us/environment/climate-change State of Colorado Department of Local Affairs (DOLA). 2016. State Demography Office - Dashboard. Accessed 7/2016; https://dola.colorado.gov/demog_webapps/dashboard.jsf Climate Action Plan for the Eagle County Community | Page 40 Climate Action Plan for the Eagle County Community TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: December 13, 2016 Topic: 2017 Regular Meeting Schedule OVERVIEW Please find the proposed regular meeting dates below, which reflect the second and fourth Tuesdays of each month, unless otherwise noted. The Town Council meeting schedule includes special considerations for meeting dates, as follows: • Suggested dates to cancel regular meetings include: 1. February 28 – Mid-winter break 2. April 26 – A review of the Eagle County School District’s school calendar reveals that school spring break falls during the 2nd week of April (10th through 14th) 3. August 22 – Summer break 4. November 28 – Thanksgiving break 5. December 26 – Holiday break • Two Council Retreat dates are recommended. The proposed dates include March 21st and June 20th. Setting quarterly retreats may be considered as you set the schedule. Once the schedule has been confirmed, the dates will be posted to the town’s website and three posting locations. RECOMMENDED MOTION “I move to approve the 2017 Avon Town Council Meeting Schedule as presented (with or without changes).” 2017 Avon Town Council Meeting Recommended Schedule 2nd and 4th Tuesday unless otherwise noted DATE NOTES January 10, 2017 January 24, 2017 February 14, 2017 Mid-winter Break 2/27 – 3/3 March 14, 2017 March 21, 2016 Council Retreat – Noon to 5 p.m. March 28, 2017 April 25, 2017 Spring Break 4/10 – 4/14 May 9, 2017 May 23, 2017 June 13, 2017 June 20, 2016 Council Retreat – Noon to 5 p.m. June 27, 2017 July 11, 2017 July 25, 2017 August 8, 2017 Summer Break 8/21 – 8/25 September 12, 2017 September 26, 2017 October 10, 2017 October 24, 2017 November 14, 2017 Thanksgiving Break 11/20 – 11/30 December 12, 2016 Holiday Break 12/20 – 01/02/2018 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: December 13, 2016 Topic: Appointments to Boards and Commissions Please find attached a table showing the various boards, committees and commissions which require a Town representative to be appointed or offer a Town representative a liaison position. Eagle County’s Mayor/Manager meeting group is not included as the representatives are the Mayor and Town Manager. Appointments to the various organizations are made by motion and vote of the Council. 12/8/2016 Page 1 AGENCY DESCRIPTION 2016 COUNCIL & TOWN MANAGER ASSIGNMENTS - 2016 REPRESENTIVE IS NOTED IN BOLD TYPE 2017 MEETING DATES Upper Eagle Regional Water Authority Town's voting representative on the six member board; responsible for all elements of delivering potable water to the Town Appointment: Primary appointment must be an elected official. Alternate may be Town Manager (or designee) or citizen Primary Representative: SARAH SMITH HYMES _____________________________ Alternate: BUZ REYNOLDS _____________________________ Meets on 4th Thursday of the month 8:00 a.m. Eagle River Sanitation District Office in Vail Eagle County Regional Transportation Authority & Eagle County Regional Trails (ECO) A nine member board of elected officials from the incorporated towns was established to develop operating policy. This board has since been reduced to eight members who represent the towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle County Government and Beaver Creek. The half-cent county sales tax is dedicated to funding regional transportation. One- tenth of this tax goes toward funding the regional trails system. Town's voting representative on Eagle County's Transit & Trails Advisory Board. Appointment: Elected or staff Primary Representative: JAKE WOLF _____________________________ Alternate: SARAH SMITH HYMES _____________________________ TBD Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. The board consists of 5 directors. The property is being managed by Polar Star Properties under an agreement with the Corporation. The present members of the Board are Gerald E. Flynn, Jeffery M. Spanel, Craig Ferraro and Megan Burch. Appointment: Elected or Appointed Town Council also must approve other board member appointments when a vacancy occurs. Appointment: MEGAN BURCH _____________________________ Alternate: VIRGINIA EGGER _____________________________ TBD TOWN OF AVON 2017 BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS December 13, 2016 12/8/2016 Page 2 AGENCY DESCRIPTION 2016 COUNCIL & TOWN MANAGER ASSIGNMENTS - 2016 REPRESENTIVE IS NOTED IN BOLD TYPE 2017 MEETING DATES Public Access TV: Channel 5 Voting representative on the Board of the nonprofit organization that manages non commercial public, educational and governmental programming; receives Town's PEG fees from COMCAST Appointment: Elected Appointment: JAKE WOLF _____________________________ Alternate: SARAH SMITH HYMES _____________________________ January 13, 2016 - remainder of 2016 dates will be scheduled Meet once a quarter 4pm - 5:30 pm Channel 5 Studio Colorado Municipal League Policy Committee The CML Policy Committee is a standing committee that develops the League's legislative program. The membership is composed of representatives from each member municipality, CML sections, and district presidents. Voting representative on policy matters before the State Legislature Appointment: Elected or Town Manager Primary Representative: MATT GENNETT _____________________________ Alternate: JAKE WOLF _____________________________ Various dates 3 -4 times per year Meetings in Denver Colorado Association of Ski Towns CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. We support actions that keep our communities livable, protect our pristine environment, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. Our goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors Voting representative on ski town consortium Appointment: Elected, if desired Town Manager regulary attends; non-voting if an Elected Official is appointed Primary Elected Representative: JENNIE FANCHER _____________________________ Alternate: Has varied by interest January 20-21 Whistler, BCMarch 10 Denver, CO (Annual Legislative Meeting) June 23 Vail, CO (Annual Meeting & Reception held during CML Conference)August 25-26 Fraser, CO October 27-28 Pagosa Springs,CO (tentative) I-70 Coalition Voting representative from towns & counties along the I-70 corridor working to reduce I-70 vehicular congestion and improve safety. Also continues to evaluate proposed magnetic train(Guideway System) Appointment: Elected or Town Manager Appointment: VIRGINIA EGGER _____________________________ Jan 14, Full Coalition Meeting, 1:00-3:00 - Silverthorne Library Feb 3, Board Meeting, 10-Noon, Frisco Town Hall March 2, Board Meeting, 10-Noon, Frisco Town Hall April 7, Full Coalition Meeting, 1:00-3:00, Silverthorne Library May 4, Board Meeting, 10-Noon, Frisco Town Hall June 1, Board Meeting, 10-Noon, Frisco Town Hall July 14, Full Coalition Meeting, 1:00-3:00, Location TBD Aug 3, Board Meeting, 10-Noon, Frisco Town Hall Sept 7, Board Meeting, 10-Noon, Frisco Town Hall 12/8/2016 Page 3 AGENCY DESCRIPTION 2016 COUNCIL & TOWN MANAGER ASSIGNMENTS - 2016 REPRESENTIVE IS NOTED IN BOLD TYPE 2017 MEETING DATES VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private partnership that provides the funding to make the Eagle County Regional Airport (EGE) a vital part of the Eagle County economy with a vibrant flight service program. Formed in 2002, the EGE Air Alliance partnership includes government entities and private business stakeholders in local towns within Eagle County. Serves as representative to discuss regional airport topics of concern. Appointment: Elected or Town Manager Appointment: VIRGINIA EGGER ____________________________ Next Meeting: 1st Monday of the month VVP Conference Room VVP: 2. Economic Development Leadership Council serves under the umbrella of the Vail Valley Partnership Vail Valley Economic Development Advisory Council Contact Names: Chris Romer Economic Development Leadership Council: Serves as representative on the advisory board to the VVP governing board; assists with regional & local collaboration, research, and follow through on economic development initiatives. Vail Valley Economic Development Advisory Council: The Advisory Council is a resource and sounding board for the Partnership. The Advisory Council will provide advisement on issues at hand to ensure that local economic development activities undertaken by VVED are relevant to the needs of the business community and remain aligned to the core mission. Primary Representative: Elected or Appointed Appointment: JENNIE FANCHER _____________________________ Alternate: SCOTT PRINCE _____________________________ January 14, 2016 April 14, 2016 July 14, 2016 October 6, 2016 Time: 3:00-5:00 p.m. Location: TBD Vail Valley Mountain Bike Association Regional committee focused on achieving IMBA Gold Designation. VVMB coordinates volunteer trail work, organizes events, trains volunteer trail construction crew leaders and contributes its talents, guidance and time to support local land managers in various soft surface trail initiatives. Appointment: Elected or Appointed Appointment: SCOTT PRINCE _____________________________ Alternate:MATT GENNETT _____________________________ TBD-New committee; various times; generally evenings Eagle County Home Buyer Assistance Committee ("HBAC") Tori Franks: Eagle County (328-8775) Eagle County Housing & Development Department The Eagle County Homebuyers Assistance Committee (HBAC) is a volunteer committee, who represents public and private entities throughout the valley. We are an advisory committee, to the Board of County Commissioners who, working closely with the Eagle County Housing Department, recommends policies regarding the Eagle County Home Buyers Assistance Programs and First Time Home Buyers Education Classes. Appointment: Elected Appointment: SCOTT PRINCE_____________________________ February 9, 2016 May 10, 2016 August 9, 2016 November 8, 2016 Valley Home Store conference room in the Miller Ranch Community Center from 4:00 - 5:00 p.m. 12/8/2016 Page 4 AGENCY DESCRIPTION 2016 COUNCIL & TOWN MANAGER ASSIGNMENTS - 2016 REPRESENTIVE IS NOTED IN BOLD TYPE 2017 MEETING DATES Traer Creek Liaisons Join the Town Manager in bi-weekly meetings to stay informed & updated on development topics Appointment: Elected or Appointed Appointment:JENNIE FANCHER _____________________________ Appointment: MATT GENNETT _____________________________ Two appointeesMeeting dates determined by the Attendees Hoffmann Commercial Real Estate Liaisons Join the Town Manager in bi-weekly meetings to stay informed & updated on development topics Appointment: Elected or Appointed Appointment: JENNIE FANCHER _____________________________ Appointment: SARAH SMITH HYMES_____________________________ Two Appointees Meeting dates deternined by the Attendees TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: December 13, 2016 Agenda Topic: 2016 Audit Engagement Letter Action Before the Council An engagement letter with McMahan and Associates for the 2016 calendar year audit is included in the Town’s consent agenda. Summary The engagement letter is in the standard form recommended by the AICPA for local government engagements. The 2016 audit will be billed to the Town based on actual hours spent at standard rates with a fee not to exceed $20,480, plus an additional $3,100 for the Single Audit that will be required due to the receipt of more than $750,000 in federal grant funding. In 2015, with the assistance of Councilors Scott Prince and Megan Burch, an RFP was issued for auditing services. The Town received 3 proposals. Based on the scores from the Audit Proposal Evaluation Matrix and discussion, the unanimous selection was McMahan and Associates. The proposal, provided for a three year fee commitment along with an option to renew the engagement for an additional two years. The fee above corresponds to the fees quoted in the proposal. Staff Recommendation Staff recommends approval of the 2016 Audit Engagement Letter with McMahan and Associates through approval of the Consent Agenda. Exhibits and Attachments: A – 2016 Audit Engagement Letter McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Daniel R. Cudahy, CPA, CGMA Frisco: (970) 668-3481 M & A November 2, 2016 Town of Avon, ColoradoP.O. Box 975 Avon, CO 81620 We are pleased to confirm our understanding of the services we are to provide Town of Avon, Colorado for the year ended December 31, 2016. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of Town of Avon, Colorado as of and for the year ended December 31, 2016. In addition, we will audit the entity’s compliance over major federal award programs for the year ended December 31, 2016. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the entity’s major federal award programs. Accounting principles generally accepted in the United States of America provide for certain required supplementary information (“RSI”), such as management’s discussion and analysis (“MD&A”), to supplement Town of Avon, Colorado’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board,who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to Town of Avon, Colorado’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1)Management’s Discussion and Analysis. We have also been engaged to report on RSI other than MD&A and supplementary information other than RSI that accompanies Town of Avon, Colorado’s financial statements. We will subject the following RSI and supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. November 2, 2016 Town of Avon, Colorado Page 2 We intend to provide an opinion on the following RSI and supplementary information in relation to the financial statements as a whole: 1)Budgetary schedules for the General Fund and major special revenue funds 2)Budget schedules for all other funds 3)Combining statements 4)Local Highway Finance Report 5)Debt Schedule The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that other information: 1)Introductory information 2)Statistical information Schedule of Expenditures of Federal Awards We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole. Data Collection Form Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our audit findings, amounts and conclusions. It is management’s responsibility to submit a reporting package including financial statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass- through entities. The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors’ reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk. November 2, 2016 Town of Avon, Colorado Page 3 Audit of the Financial Statements We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America;and the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America. In making our risk assessments, we consider internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will issue a written report upon completion of our audit of Town of Avon, Colorado’s basic financial statements. Our report will be addressed to the governing body of Town of Avon, Colorado. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement. In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. Audit of Major Program Compliance Our audit of Town of Avon, Colorado’s major federal award program compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the Uniform Guidance,and will include tests of accounting records, a determination of major programs in accordance with the Uniform Guidance and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. November 2, 2016 Town of Avon, Colorado Page 4 Audit of Major Program Compliance (continued) The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of determining major federal programs and performing the applicable procedures described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the entity’s major programs. The purpose of those procedures will be to express an opinion on the entity’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Also, as required by the Uniform Guidance, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the entity’s major federal award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the entity’s major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management Responsibilities Management is responsible for: 1.For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2.For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements; 3.For safeguarding assets; 4.For identifying all federal awards expended during the year ended December 31, 2016 including federal awards and funding increments. 5.For preparing the schedule of expenses of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance requirements; 6.For the design, implementation, and maintenance of internal control over compliance; 7.For identifying and ensuring that the entity complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs; 8.For following up and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; 9.For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; 10.For submitting the reporting package and data collection form to the appropriate parties; 11.For making the auditor aware of any significant vendor relationships where the vendor is responsible for program compliance; November 2, 2016 Town of Avon, Colorado Page 5 Management Responsibilities (continued) 12.To provide us with: a.Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to federal award programs, such as records, documentation, and other matters; b.Additional information that we may request from management for the purpose of the audit; and c.Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. 13.For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; and 14.For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter. 15.For informing us about all known or suspected fraud or illegal acts affecting Town of Avon, Colorado involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. 16.For informing us of your knowledge of any allegations of fraud or suspected fraud affecting Town of Avon, Colorado received in communications from employees, former employees, grantors, regulators, or others. 17.For informing us of any changes to the methods of measurement or presentation from those used in the prior period and the reasons for such changes With regard to the supplementary information, including the schedule of expenditures of federal awards, referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. As part of our audit process, we will request from management and, when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit. We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing. With regard to using the auditor’s report, you understand that you must obtain our prior written consent to reproduce or use our report in bond offering official statements or other documents. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. November 2, 2016 Town of Avon, Colorado Page 6 Engagement Administration, Fees, and Other The audit documentation for this engagement is the property of McMahan & Associates, LLC and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to Town of Avon, Colorado’s cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of McMahan & Associates, LLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by Town of Avon, Colorado. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party or parties contesting the audit finding for guidance prior to destroying the audit documentation. Paul J. Backes, C.P.A.is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Additional firm personnel will be assigned to the engagement as considered necessary. We will begin our audit and issue our reports on a mutually agreed-upon date. At the conclusion of our audit engagement, we will communicate to the Governing Board the following significant findings from the audit: Our view about the qualitative aspects of the entity’s significant accounting practices; Significant difficulties, if any, encountered during the audit; Uncorrected misstatements, other than those we believe are trivial, if any; Disagreements with management, if any; Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; Representations we requested from management; Management’s consultations with other accountants, if any; and Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. November 2, 2016 Town of Avon, Colorado Page 7 Engagement Administration, Fees, and Other (continued) Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not exceed $20,480 for 2016 and $21,300 for 2017. If a single audit is required, the additional audit fee will not exceed $3,100. Upon mutual agreement, the engagement may be extended for two additional years beyond 2017, with a fee increase not to exceed the Denver-Boulder- Greeley Consumer Price Index. Our fee will include all related compliance with OMB Circular A-133 and the related data submission. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out- of-pocket costs through the date of termination. Our fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will keep you informed of any problems we encounter and our fees will be adjusted accordingly. We want the Town to feel that the value of services provided by our firm is commensurate with the fee charged. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our latest available peer review report accompanies this letter. We appreciate the opportunity to be of service to Town of Avon, Colorado and believe this letter accurately summarizes the significant terms of our engagement.If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy, and return it to us. Sincerely,McMAHAN and ASSOCIATES, L.L.C. RESPONSE: This letter correctly sets forth the understanding of Town of Avon, Colorado with respect to services to be provided by McMahan and Associates, L.L.C. Town of Avon, Colorado BY: ________________________________________________ Signature ________________________________________________ Title ________________________________________________ Date TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: December 13, 2016 Agenda Topic: APPROVAL TO APPROPRIATE FUNDS TO REPAIR AVON REGIONAL TRANSIT FACILITY GARAGE DOORS AND HVAC REPAIRS FROM THE 2016 GENERAL FUND CONTINGENCY LINE ITEM ACTION BEFORE COUNCIL To transfer $16,582 from the General Contingency budget to the Buildings and Facilities budget to complete repairs to the Avon Regional Transit Facility (ARTF) garage doors and heating, ventilation and air condition (HVAC) system. PROPOSED MOTION I move to approve to transfer $16,582 from the 2016 General Contingency line item to the 2016 General Fund Buildings and Facilities budget for the completion of repairs to the ARTF garage doors and HVAC system. DISCUSSION There have been two unbudgeted repairs to the ARTF that are being requested to be paid out of the General Fund Contingency line item. First, the cable that operates the garage doors snapped and the doors crashed to the ground. Of the 11 doors at ARTF, four are of similar design and may potentially fail again. Staff recommends that the doors be repaired and emergency brakes be installed on the four doors that pose the potential safety risk. The repairs and safety brakes cost $5,750. Second, there were unforeseen repairs to the HVAC system over the summer including several to the air conditioning system for the office spaces. These were considered emergency repairs and the total cost of these repairs was $10,832. BUDGET The 2016 General Fund Contingency line item has a balance of $99,000. After the transfer of $16,582 to the Buildings and Facilities budget there will be a balance of $82,418. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Eric Heil, Town Attorney Meeting Date: December 13, 2016 Agenda Topic: Resolution No. 16-31, Approving the Deed of Easement for Xcel Energy ACTION BEFORE COUNCIL Review and approve Resolution No. 16-31, approving a Deed of Easement for Xcel Energy to extend the gas main from the northwest corner of the Season’s building along Mikeala Way to the New Town Hall. PROPOSED MOTION I move to approve Resolution No. 16-33, approving the Deed of Easement for Xcel Energy. DISCUSSION The Town recently purchased the Sheraton Mountain Vista office building with the intent of moving Town Hall into the building. The building was previously served with natural gas through the Sheraton Mountain Vista development. Since the building is under new ownership, a new gas service had to be installed to the building. The gas main was extended by Xcel Energy from the northwest corner of the Season’s building along Mikeala Way to the northside of the building. This easement allows for the right to access the property, repair, operate and maintain the gas facilities. ATTACHMENTS: Resolution No. 16-31 Exhibit A: Deed of Easement for Xcel Energy RESOLUTION NO. 16-31 APPROVING THE DEED OF EASEMENT FOR XCEL ENERGY WHEREAS, the Avon Town Council has determined that natural gas service to Lot 4, Mountain Vista Subdivision, Avon, Colorado will benefit this property owned by the Town of Avon; and, WHEREAS, the Town Council finds that approval of the attached Deed of Easement will promote the health, safety, prosperity, convenience and general welfare of the Avon community. NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the attached Deed of Easement. ADOPTED DECEMBER 13, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk DEED OF EASEMENT THIS DEED OF EASEMENT (“Easement Deed”) is made on ___________, 2016 between the Town of Avon, a Colorado home rule municipal corporation (“Grantor” or “Town”), whose address is P.O. Box 975, Avon, Colorado 81620 and Public Service Company doing business as Xcel Energy, whose address is PO Box 1819, Silverthorne, CO 80498 (“Grantee”). WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of ten dollars ($10.00), and other good and valuable consideration in hand paid by the Grantee to Town, the receipt and adequacy of which is hereby acknowledged, the Town hereby grants, sells and conveys to Grantee, its successors and assigns, a non-exclusive perpetual easement and right-of-way (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, a natural gas line, including all underground, surface and streetscape appurtenances thereto, as described in the Easement across those certain lands which are situate in the Town of Avon, State of Colorado, such lands and easement area being described more fully on EXHIBIT A attached hereto and by this reference made a part hereof. 2. Town reserves the right to use the Easement area for purposes which will not interfere with Grantee’s full enjoyment of the rights hereby granted. The parties further agree that the Town’s use of the Easement area shall be subject to the following restrictions and conditions: (a) Town shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement area without obtaining the specific written permission of the Grantee, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Town shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement area without obtaining the specific written permission of the Grantee, which permission shall not be unreasonably withheld, conditioned or delayed. (c) Grantee agrees to defend and hold harmless the Town for any damages or claims arising from Grantee’s activities within the Easement area. 3. Grantee agrees that plans for construction of any improvements within the area of the Easement will be provided to Town prior to commencement of construction. Grantee agrees to hold Town harmless from any damages caused by negligent acts of the Grantee during construction, operation and maintenance improvements, and for any damages or claims arising from Grantee’s activities within the Easement area. Except as otherwise provided herein, nothing in this Easement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 4. Grantee, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement area or the balance of Town’s property becomes subject to any such Liens directly or indirectly through the action or inaction of the Grantee, its employees, agents, contractors, or representatives, the Grantee shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Town to pursue all of its rights and remedies under this Easement Deed, at law, or equity. 5. The Grantee shall insure the Easement area and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Town shall be named as an additional insured and Grantee shall deliver to Town the certificate of insurance naming Grantee as an additional insured not less frequently than annually. 6. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 7. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. Grantor, Town of Avon _________________________________ Attest:__________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk STATE OF _____________________________ } } ss. COUNTY OF ___________________________ } Subscribed and sworn to before me on ___________, 2016, by Jennie Fancher as Mayor. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public Grantee, Public Service Co. dba Xcel Energy By:________________________ [name, title] STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me on ______________, 2016, by ______________ as ______________. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public EXHIBIT “A” Xcel Gas Main Extension Legend Avon Recreation Center Xcel Gas Line 100 ft N ➤➤ N © 2016 Google © 2016 Google © 2016 Google EXHIBIT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: December 13, 2016 Agenda Topic: APPROVAL OF FUNDING REQUEST FOR THE ADOPT-A-TRAIL PROGRAM FROM THE 2017 GENERAL FUND CONTINGENCY LINE ITEM Council Action I move to approve $5,000 for the Adopt-A-Trail Program from the 2017 General Fund Contingency Line item, with the following conditions: • All volunteer trail work on trails approved in the Town of Avon – Eagle Valley Land Trust Management Plan, dated December 29, 2014, (Management Plan) will be approved prior to activity by the Avon Public Works Director. • All volunteers will sign a Town of Avon Liability Work Release form prior to any work or mobilization. • Prior to any “old trail” work, including closure, restoration or remediation into a sustainable trail, the Town of Avon’s Planning Director shall be notified and any approvals, which may be needed by the Eagle Valley Land Trust under the Management Plan, will be applied for and obtained by the Town of Avon. • Volunteer groups will be trained in best practices to assist in the maintenance of the trails, as required by the Management Plan and educational programming, including maintenance and restoration workshops are encouraged. The Town will rely on the USFS Seasonal Ranger VVMBA, and/or other qualified entity to provide the training and coordination with Avon Public Works Director. • The use of machinery or heavy equipment will require prior approval by the Director of Public Works. • Future requests for funding be made through the Town of Avon Community Grants application process Summary Please find provided with this Council Report, Attachments 1 & 2, which were received by Mayor Jennie Fancher. Attachment 1 is a request being made by Mr. Lee Rimel, on behalf of the Vail Valley Mountain Bike Association, for Town participation in the Adopt-A-Trail program, at a funding level of $5,000. The Town provided a $250.00 contribution last year. All contributors for the 2016 program are listed in Attachment 2. The program is being expanded in 2017, to include trails outside of the Forest Service lands. This exciting advancement will allow West Avon Preserve trails to be adopted and maintained, with volunteers, under the AAT program. Especially appealing is that AAT provides 1) crew leader and volunteer training, 2) supervision during trail work, and 3) on site supervision during all volunteer work. It is, in staff’s view, the expansion of the program which justifies the $5,000 contribution. Adopt-A-Ranger Funding Request Page 2 of 2 The requested funding supports the following budget. Other contributors are expected to come from other political jurisdictions and private individuals or businesses. SEASONAL RANGER $23,516 ATT COORDINATOR $19,821 SUPPLIES $2,199 $45,536 Staff Recommendation Town staff recommends approval of the funding request of $5,000. Since the West Avon Preserve Trails were constructed, it has been the responsibility of the Avon Public Works Department to maintain the trails. Bi-weekly assessments are made of the trails and maintenance provided, as needed. Trails such as Lee’s Way, which may require machine maintenance, are funded through the General Fund. The addition of the volunteer and training resources of the AAT program is seen as a successful approach to maintaining a community trail program and, if implemented, as proposed, will reduce Town maintenance expenditures and expand the investment of volunteers into these community trails. Of special interest, is the opportunity to begin restoration and closure of “old trails”. The Town of Avon – Eagle Valley Land Trust Management Plan directs trail building and maintenance programs within the West Avon Preserve. As a result, we have a valued relationship with EVLT and all work must comply with those agreements prior to work commencing. A series of recommendations, as conditions to the funding, are recommended to ensure Management Plan compliance is met. A final recommendation is made to include the VVMBA future requests into the Community Grant process, which has been established by Town Council to review requests, such as these, in unison with all other community funding appeals on an annual basis. Review of Council Report by Interested Persons Town staff shared the report as written above with Mr. Lee Rimel for review and comment prior to placement into the Council packet. Lee shared the report with other interested persons working on the AAT program. He emailed me after their review that the report and conditions are “a go”, as developed. ATTACHMENTS Attachment 1 AAT Funding Request Letter Attachment 2 AAT Funding Report ATTACHMENT 1 December 2, 2016 Lee Rimel Adopt-A-Trail c/o Vail Valley Mountain Bike Association (VVMBA) 9 Stillwater Edwards, CO 81632 Adopt-A-Trail Funding Jennie Fancher, Mayor Town of Avon Dear Jennie: I send this letter requesting that Avon participate in our 2017 Adopt-A-Trail (AAT) program. Our AAT team met with the Forest Service Wednesday 11/30/16 to review our 2017 plans including budget, funding and adding new trails to the 29 adopted and maintained this year. The Forest Service has agreed to expand the program to non-system trails therefore West Avon Preserve trails can be adopted and maintained under the AAT program. AAT provides trail crew leader training, volunteer training and supervision of volunteer crews when working on a trail. The Forest Service leads a one-day class providing volunteers with safety training; tool use and basic trail maintenance skills. ATT also brings Volunteers Outdoor Colorado’s www.voc.org Leadership & Training program to our community for a one-day class, half classroom, half working on a trail. Since 1986, Volunteers for Outdoor Colorado (VOC) has been a leading source of training programs that prepare people to be outdoor stewardship leaders. We believe the West Avon Preserve fits ideally into the AAT program. It involves citizens in maintaining, upgrading and restoring neighborhood trails. In my email to you I encouraged Casey & Cody Wyse, under AAT, adopt Wyse Way. Additionally, we believe there is potential that Avon residents will want to adopt additional trails, predominately those used by hikers, runners and dog walkers. There are old trails no longer used that require restoration and re-vegetation. These have turned into gullies with water rushing down in rainstorms. Those in need include the old Wild West Ridge trail where it comes off of O’Neal Spur and the old Saddleridge Trail where it continues down the ridgeline. Eagle Valley Land Trust wants these restored. These, and others, were agreed to be restored/re-vegetated when the WAP trail system was approved. Volunteers under the AAT program & training can do this work in 2017. Some of WAP Trails require annual professional maintenance, including hand and machine care. These are the trails most heavily used by mountain bikers. They include PB & J, Wild West Ridge and Lee’s Way Down. This work hopefully has been completed for 2016 so that the dirt has time to set up over the winter. Should the Town of Avon wish to participate in AAT we would like you to consider making a donation to the program. AAT is community funded through citizen, metro district and government donations. We encourage Avon to consider a $5000.00 donation to the Adopt-A-Trail program. This funding is used to pay for a Seasonal Forest Service Ranger, the Eagle County Adopt A Trail Coordinator, supplies and tools. Because we are adding trails we are considering the possibility of a 2nd Seasonal Ranger who would spend about half their time with the AAT Team. We may have one & a half Seasonal Rangers if needed to work with our volunteers. Our budget for 2017 is $45,536.00: $23,516 for the Seasonal Ranger, $19,821 for the ATT Coordinator and the balance for supplies. The Forest Service Seasonal Ranger is an important component because they provide on the ground supervision and guidance every time an ATT volunteer crew is working on a trail. They inspect the trails, determine the work required and make recommendations for trail improvements. Should you wish one of us would attend your 12/13/16 meeting to answer questions? I am available and will put on my calendar just in case you choose. What would be the time of the meeting? We have a Power Point Presentation that reviews the 2016 AAT season with photos and statistics. We can present this at a meeting or better, in the interest of saving time; just email it to you for you to distribute toTown Staff and Council members. I will send it as an attachment to the email I send this letter with. We use VVMBA as our conduit for funding because they are a 501(c) 3 non- profit. Donations by citizens, which are an important source of our funding, are tax deductible. AAT believes it is important for our locals to participate in funding and caring for the recreational trails we all enjoy while hiking, dog walking, running, biking, snow-shoeing and cross country skiing, all activities citizens enjoy in WAP. Please include us on your 12/13/16 agenda. Sincerely Lee Rimel TRAILS CONNECT OUR PEOPLE AND OUR COMMUNITIES. COMMIT TO SUPPORT 2017 ADOPT A TRAIL TODAY! ADOPTED TRAIL LIST 30 TRAILS! ATTACHMENT 2 VVMBA ADOPT A TRAIL 2016 YEAR END PROGRAM REPORT Berry Creek Booth Lake Brown's Loop Buck Creek Buffehr Creek Colorado Trail - Kokomo Pass to TN Pass Cougar Ridge Cross Creek - TH to 1st Bridge Deluge EagleVail Trail East Lake Creek - TH to Boot Lake Fulford Cave Game Creek Gore Creek - TH to Gore Lake Jct Grouse Lake Knob Hill Lost Lake Meadow Mtn Tie Thru Mesquite North Trail - Trappers Run TH to Davos North Trail - Davos to Buffehr Creek North Trail - Buffehr Ck to Red Sandstone North Trail - Red Sandstone to Middle Ck Sawmill Son of Middle Creek Squaw Creek Stag Gulch Stone Creek / Paulie's Plunge Two Elk - I70-Two Elk Pass Two Elk - West TH from Minturn KIND Bikes and Skis Vail Mountain School VMS Shaeffer Hyde Construction Walking Mtns Pedal Power Colo Trail Foundation The Bunkhouse Crosstraining Fitness of Vail Friends of Eagle's Nest Wilderness EagleVail Community Vail Club 50 Marriot Streamside Town of Minturn Eagle River Water and Sanitation Dist. Michael Dunahay and Associates Singletree POA Venture Sports Alpine Bank Singletree Community Vail Police Department East West Partners Vail Recreation District VRD Town of Vail Hardscrabble Trails Coalition RA Nelson Wells Fargo Edwards Rotary Club AXIS Sports Medicine Moontime Cyclery Slifer Smith & Frampton VVMBA ADOPT A TRAIL 2016 YEAR END PROGRAM REPORT DOUBLE PLATINUM $10,000 Susan and Harry Frampton PLATINUM $5,000 EagleVail Metro District Vail Recreation District Slifer, Smith & Frampton Foundation Bachelor Gulch Metro District Singletree Community John Shipp / Dusty Boot SILVER $1000-$2,500 Vail Valley Foundation Lee Rimel East West Destination Hospitality Vail Mountain School Sonnenalp Hotel Westin Riverfront Resort Garfinkel's Restaurant RA Nelson East West Partners Alpine Bank Jamie and Andy Gunion BRONZE $500-$999 Anonymous Moontime Cyclery Momentum Trail Concepts The KIND Bikes and Skis Mark Luzar Eagle Ranch Association Double Diamond Real Estate Vail Summit Orthopaedics Edwards Station SINGLETRACK SAVIORS $100-$499 Annie & Chris Gunion Tom Dosch Town of Avon Shearon Gleason William Watt Larry & Jean Peterson Charlie Dolan Linn Brooks Steve Pensrose Ellen Miller Rob Levine Mountain Bike Eagle Scott Prince Kent Kriehn Steve Sheldon Scott & Amy Rogers Dick Patriacca Eric Ross Jamie & Kelly Malin Brett Goldstein Beth & Derek Pappas Brian White Fritz Bratschie Edward Green Maria McEvoy Robin Wagner Paul Golden Richard Karlson SHARING THE LOVE $20-$99 Brian & Liana Brodeli Kat & Guy Sedillo Julie Peterson Jen & Jim Mason Marie-Christine Carel Mark Strickland Sylvan Ellefson JP Mulholland Brendan Caffrey 970 Design Michelle Wolffe Cody Wyse Casey Wyse Ernest Saeger Peter Suneson Charles Bailey Ken Harper Dan Anderson Gretchen Swanson Eileen Sordi Zach Smith Aaron & Kate Den Bleyker Jamie & John Stone Patrick Murphy David Shaw Dave Ozog Paul Gerhardt Abby Dixon Hap Young Carol Mulikin Alice Boone Jared Barnes GOLD $2500-$5,000 Crave Community Company THIS YEAR BY THE NUMBERS Eagle County's Adopt A Trail Program is a cooperative partnership between the Vail Valley Mountain Bike Association and the White River National Forest. Adopt A Trail (AAT) is made possible by the generous funding commitments of local governments, businesses, and individuals. Volunteer adopter groups donate their personal time and effort to keep our region's trails in top shape so they can continue providing the high quality experience that underpins this valley's outdoor recreation lifestyle and economy. AAT participants walk away with stronger connections to their community and an increased sense of ownership for their own backyards. 1257 TOTAL VOLUNTEER HOURS 402 INDIVIDUAL VOLUNTEERS 30 TRAILS ADOPTED 86 MILES OF CORRIDOR CLEARED 88 TREES REMOVED 134 LBS OF TRASH PICKED UP 498 TREAD DRAINS CLEARED 192 FEET OF TREAD RESTORED $ 60,000 TOTAL RAISED FOR OPERATION AND STAFF $ 20,000 COMMITTED FROM LOCAL METROPOLITAN DISTRICTS AND NEIGHBORHOOD ASSOCIATIONS 90 INDIVIDUAL DONORS, INCLUDING GOVERNMENTS, BUSINESSES AND CITIZENS Jeff Thompson of the White River National Forest worked closely with Eagle County AAT Coordinator Michelle Wolffe to make the inaugural year a smashing success.This public-private partnership to manage and maintain soft surface trails will set the template for many successes to come. ADOPT A TRAIL 2016 FUNDING TRAILS CONNECT OUR PEOPLE AND OUR COMMUNITIES. COMMIT TO SUPPORT 2017 ADOPT A TRAIL TODAY! VVMBA ADOPT A TRAIL 2016 YEAR END PROGRAM REPORT TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: December 13, 2016 Agenda Topic: Action to Appoint Members to the Historic Preservation Committee ACTION BEFORE COUNCIL: Council is asked to appoint members to the Historic Preservation Committee. PROPOSED MOTION: “I move to appoint Elizabeth Dijulio, Kathy Heicher and Tamra Nottingham Underwood to the Ad Hoc Historic Preservation Committee.” SUMMARY: On July 26, 2016, Council approved the formation of an Ad Hoc Historic Preservation Committee. The Town solicited letters of interest from members of the community. The following three (3) individuals submitted a letter of interest to Mayor Jennie Fancher and are seeking appointment to the Committee: • Elizabeth Dijulio • Kathy Heicher • Tamra Nottingham Underwood The purpose of the Committee will be to protect and enhance the Town's welfare and economy through the preservation of historical attractions for local residents, tourists and visitors to the Town, expand public awareness, appreciation and knowledge of the Town's unique local history, and foster widespread appreciation of and respect for Avon's historic and cultural heritage. ATTACHMENTS: 1. Letter of Interest – Elizabeth Dijulio 2. Letter of Interest – Kathy Heicher 3. Letter of Interest – Tamra Nottingham Underwood ELIZABETH DIJULIO PO Box 9391 (mailing) 5033 Eaglebend Drive (physical) Avon, Colorado 81620 edijulio@yahoo.com 970-977-7213 September 29, 2016 Mayor Jennie Francher c/o Debbie Hoppe, Town Clerk dhoppe@avon.org PO Box 975 Avon, CO 81620 Madam Mayor, I am writing this letter to express my interest in seeking appointment to Avon’s Historic Preservation Committee. I am very enthusiastic at the thought that Avon’s reputation, welfare and reputation can be improved through the preservation of its historical sites. I have lived in the valley for 25 years and I realize our town has an individual and unique character and a history that the general public is not aware of. I would like to be part of the team that helps to educate, enhance and bring the knowledge to our populace that Avon has a rich and important historical past. There are several issues that stick out in my mind but one of the most pressing issues is the future of the Hahnewald Barn. That piece of out history is a gem that I’m sure many hold dear. I think that future should be addressed immediately. Other issues may be less pressing but very interesting … to make Avon not just a four roundabout road to get to Beaver Creek and various shops, but to impress upon both residents and guests that our town is a jewel and a part of Colorado’s rich and vibrant history relating to the Wild Wild West! Thank you for considering my interest in being appointed to Avon’s Historic Preservation Advisory Committee. Thank you and sincerely, Elizabeth DiJulio Elizabeth Eagle County Historical Society is a 501c 3 corporation eaglecountyhistoricalsociety.com Sept. 28, 2016 Mayor Jennie Fancher c/o Debbie Hoppe, Town Clerk dhoppe@avon.org PO Box 975 Avon, CO 81620 Jennnie, The Eagle County Historical Society is interested in representation on the town of Avon’s new Historic Preservation Advisory Committee. We believe a representative from the ECHS could add some perspective on the role that pioneers and historic structures played in shaping the community that exists today. One of our organization’s goals is to develop more of an up-valley presence, and we feel the advisory committee is the perfect opportunity. What we would like to propose is that the Historical Society be given a “slot” on your committee. Because many of our Board members either work or travel a lot, we would probably need to rotate their participation based on availability. The likely representatives would be either myself, local history author Laura Thompson, or possibly other member of our board. Sadly, many residents and visitors to Eagle County today have no sense of the historical context of the Avon/Beaver Creek area. They assume it was always a ski resort community. In reality, Avon has a rich history that dates to the arrival of the Nottingham family in the 1880s. The community had a railroad depot that was an important shipping point for ranchers. During the 1920s and 1930s, Avon was the site of the “College Farm,” an experimental agricultural operation run by Colorado A&M College (now Colorado State University) in order to teach better growing techniques for high altitude farmers. Avon was a farming community from the 1880s to the mid-1970s. We are pleased that the town has identified preservation of the town’s history as a priority. Sincerely, Kathy Heicher President – Eagle County Historical Society kheicher@gmail.com P.O. Box 192 Eagle, Colorado 81631 ECHS@eaglecountyhistoricalsociety.com TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: December 13, 2016 Agenda Topic: Intergovernmental Agreement between the County Of Eagle and the Town Of Avon for the provision of Animal Services (Renewal) ACTION BEFORE COUNCIL Action on Intergovernmental Agreement (IGA) between the County Of Eagle and the Town Of Avon for the Provision of Animal Services RECOMMENDED MOTION “I move to approve the Intergovernmental Agreement between the County Of Eagle and the Town of Avon for the provision of Animal Services” SUMMARY The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the Intergovernmental Agreement between the County Of Eagle and the Town of Avon for the provision of Animal Services. BACKGROUND This IGA is the annual renewal of the current services agreement between Eagle County Animal Services (ECAS) and the Town of Avon. ECAS administers and enforces Title 6 of the Avon Municipal Code and is considered the Animal Control Officer of the Town. In addition, ECAS provides shelter for lost or abandoned domestic animals. FINANCIAL IMPLCIATIONS This IGA increases the monthly service payment for General Animal Services from $800 to $825, a 3.125% increase. Additionally, the County shall bill the Town for On-Call Emergency Services the rate of $100.00 per call in the case of a call-out after business hours. ATTACHMENTS Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON FOR THE PROVISION OF ANIMAL SERVICES This Agreement made this ______ day of __________________, 2016 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a home rule municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Services on the terms and conditions hereinafter set forth; and WHEREAS, the County agrees to perform such Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1- 201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The Services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFINITIONS. Emergency Call is defined as a situation involving life safety for a person or pet animal which cannot be defused by local law enforcement. Emergency On-Call Service is defined as any Emergency Call received by the County for which Animal Services assistance is required and no Animal Services Officer is on duty to respond. Shelter means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. Eagle County-TOA Animal Services IGA – 2017 Page 1 of 6 SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal Services and Emergency On-Call Service (collectively, the “Services”) within the Town of Avon as follows: A. General Animal Services shall include: i. Administration and enforcement of Title 6 of the Town of Avon Municipal Code presently in effect and as may be subsequently amended to apply for the control and licensing of animals within the Town boundaries. Eagle County Animal Services shall be considered the Animal Control Officer of the Town as defined by Section 6.04.020 of the Town of Avon Municipal Code. ii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Avon. iii. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are animals impounded within the Town of Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B. Emergency on call services shall include: i. Emergency on Call Services will be provided outside normal County business hours. In the event that an Eagle County Animal Services Officer is not immediately available to respond to an incident or emergency, the Town of Avon will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Services Officer arrives to resolve said incident. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town’s agent, the Town of Avon Animal Ordinances relating to animal control and licensing now in effect and as amended. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. Eagle County-TOA Animal Services IGA – 2017 Page 2 of 6 SECTION 6. COMPENSATION. A. The Town of Avon agrees to pay the County, monthly, the sum of $825.00 for General Animal Services. B. On Call Emergency Services shall be billed at: $100.00 per call. C. The Town of Avon agrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On-Call Services rendered the previous month. D. All fees and expenses recovered at or for the Shelter will remain with the County. E. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. A. The Eagle County Animal Services Officer shall have full cooperation from the Town of Eagle, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. B. The rendition of Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. C. All persons employed in the performance of such Services for the Town of Avon, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE. A. The County and the Town shall respectively provide its own general liability and public officials’ errors and omissions insurance coverage for claims arising from this Agreement. Further, the County and the Town, respectively as named insureds, shall include the other respective party, its officers, employees, and agents, as additional insureds under the named insured’s insurance policies. The named insured’s insurance shall be primary and non-contributory as respects any covered claim against an additional insured arising out of the premises or operations of the named insured. The parties agree that a claim arising out of the County’s enforcement of the Town’s ordinance in accordance with the terms of this Agreement shall constitute an operation of the Town for purposes of the County’s additional insured status under the Town’s insurance. A certificate of insurance consistent with the foregoing requirement is attached hereto as Exhibit A. This provision shall survive expiration or termination of this Agreement. Eagle County-TOA Animal Services IGA – 2017 Page 3 of 6 B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 9. TERM AND TERMINATION. A. This Agreement is effective January 1, 2017, and shall end on the 31st day of December, 2017. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon and the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: Chief of Police P.O. Box 975 Avon, CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Eagle County-TOA Animal Services IGA – 2017 Page 4 of 6 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. Eagle County-TOA Animal Services IGA – 2017 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Teak J. Simonton, Clerk to the Board TOWN OF AVON Attest: By:___________________________By:__________________________________ Town Clerk Mayor Eagle County-TOA Animal Services IGA – 2017 Page 6 of 6 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: December 13, 2016 Agenda Topic: Intergovernmental Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse by and among the Colorado Information Sharing Consortium, Numerica Corporation, and the Town of Avon ACTION BEFORE COUNCIL Action on Intergovernmental Joinder Agreement (IGJA) to the Services Agreement for a Law Enforcement Data Warehouse by and among the Colorado Information Sharing Consortium, a Colorado local government entity (the “CISC”), Numerica Corporation, a Colorado corporation (“Numerica”), and the Town of Avon. RECOMMENDED MOTION “I move to approve the Intergovernmental Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse by and among the Colorado Information Sharing Consortium, a Colorado local government entity, Numerica Corporation, a Colorado corporation and the Town of Avon” SUMMARY The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the Intergovernmental Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse by and among the CISC, a Colorado local government entity, Numerica Corporation, a Colorado corporation and the Town of Avon. BACKGROUND This IGJA is a companion document to the IGA that was approved by the council on September 13, 2016, regarding the Town’s membership of the CISC and the IGA payment agreement between Town of Avon, Eagle County, Town of Vail and the Town of Eagle. The purpose of this IGJA is to empower Numerica to manage a copy of Avon-related data and to provide the services promised in the initial IGA Agreement. Eric Heil, Town Attorney for the Town of Avon, has reviewed and approved the proposed IGJA. ATTACHMENTS Intergovernmental Agreement Services Agreement for a Law Enforcement Data Warehouse MEMBER AGENCY JOINDER AGREEMENT TO THE SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE This Member Agency Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse (this “Joinder Agreement”) is entered into as of November 15, 2016 (the “Joinder Effective Date”), by and among the Colorado Information Sharing Consortium, a Colorado local government entity (the “CISC”), Numerica Corporation, a Colorado corporation (“Numerica”), and the City of Avon Police Department, a Colorado local government entity (the “Joining Party”). Capitalized terms used in this Joinder Agreement and not otherwise defined are defined in the Services Agreement (including its attachments). RECITALS A. The CISC and Numerica entered into that certain Services Agreement for a Law Enforcement Data Warehouse dated June 13, 2016 (the “Services Agreement”) for the integration the Data Warehouse, the maintenance and provision of a Data Warehouse Service, and for the provision of the Lumen Client Software Service. The Services Agreement is attached hereto as Attachment 1 and is incorporated by reference. B. The Joining Party desires to become a party to the Services Agreement. As a party to the Services Agreement, the Joining Party will be considered a Member Agency and will have certain of its Records integrated into the Data Warehouse, will be provided with the Data Warehouse Service, and, at the election of the Member Agency, will be provided with the Lumen Client Software Service subject to the terms and conditions of the Services Agreement and this Joinder Agreement. C. The Joining Party has executed the CISC’s IGA. D. The Joining Party’s Records are hosted by the Town of Vail, which has already joined the Services Agreement E. The Services Agreement requires that, in certain circumstances, each Member Agency shall pay its portion of a Project Fee to the CISC, who in turn shall remit the same to Numerica. The non-appropriations clause in the Services Agreement applies to this payment obligation. Neither Numerica nor the CISC can create any obligation on behalf of any Member Agency to pay all or any portion of a Project Fee. F. This Joinder Agreement may contain terms and conditions that modify or add to the terms and conditions in the Services Agreement; if so, the modifying or additional terms and conditions stated herein shall control over the terms and conditions stated in the Services Agreement solely between the Parties hereto. AGREEMENT NOW, THEREFORE, in consideration for the recitals, the mutual promises herein, and other good and valuable consideration, the adequacy and receipt of which is acknowledged, the Parties agree as follows: Member Agency Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse 2 1. Joinder. The Joining Party joins in, becomes a party to, and agrees to be bound in all respects by the terms and conditions of the Services Agreement. The Joining Party is a “Member Agency” under the Services Agreement. 2. Lumen Entitlement. Pursuant to Section 3 of SOW 03, a Member Agency is entitled to a limited number of Subscription Licenses to the Lumen Client Software Services. Please refer to SOW 03 for further details. a. Indicate the number of FTE certified peace officers here: 18 b. If the number of FTE certified peace officers is less than 58, a Member Agency is entitled to one Analyst Subscription License. c. If the number of FTE certified peace officers is equal to or greater than 58, indicate the number and type of Subscription Licenses requested. The total calculated cost of the requested Subscription Licenses cannot exceed $20 multiplied by the number of FTE certified peace officers; see SOW 03 for details and limitations. Analyst Subscription Licenses: n/a Investigative Subscription Licenses: n/a Dashboard Subscription Licenses: n/a 3. Notice Information. Contact Person: Greg Daly (Chief of Police) Phone Number: 970-748-4049 Email: gdaly@avon.org Mailing Address: 1 Lake St., Avon, CO 81620 [signature page follows] Member Agency Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse 3 [signature page] IN WITNESS WHEREOF, the Parties are executing this Joinder Agreement to signify their acceptance of all the terms and conditions stated above, to be effective as of the Joinder Effective Date, regardless of the date of actual signature. COLORADO INFORMATION SHARING CONSORTIUM NUMERICA CORPORATION By: ..................................................................... By: ..................................................................... Name: David Shipley Name: Jeff Poore Title: Executive Director Title: President Date: .................................................................. Date: .................................................................. TOWN OF AVON By:__________________________________ Jennie Fancher, Mayor Date: …………………………………………. Attest: ___________________________ Debbie Hoppe, Town Clerk Member Agency Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse 4 ATTACHMENT 1 SERVICES AGREEMENT FOR A LAW ENFORCEMENT DATA WAREHOUSE TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: December 13, 2016 Agenda Topic: Intergovernmental Agreement between the Town of Avon, Eagle County, Town of Vail and the Town of Eagle regarding payment for the services of the Colorado Information Sharing Consortium ACTION BEFORE COUNCIL Action on Intergovernmental Agreement (IGA) between the Town of Avon, Eagle County, Town of Vail and the Town of Eagle regarding payment for the services of the Colorado Information Sharing Consortium (CISC). RECOMMENDED MOTION “I move to approve the Intergovernmental Agreement between Town of Avon, Eagle County, Town of Vail and the Town of Eagle regarding payment for the services of the Colorado Information Sharing Consortium.” SUMMARY The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the attached IGA between the Town of Avon, Eagle County, Town of Vail and the Town of Eagle, regarding payment for the services of the CISC. BACKGROUND This IGA is a companion document to the IGA that was approved by the council on September 13, 2016, regarding the Town’s membership of the CISC. This IGA confirms that the fee for participation in the CISC is covered through the Town’s annual contracted payment to the Vail Communications Center for Dispatch services. There is no duty to pay additional membership fees. This IGA modifies the Services Agreement for a Law Enforcement Data Warehouse, dated June 13, 2016, which is subject to Avon’s annual budget and which may be terminated at the end of the year by not appropriating funds for the next year. Eric Heil, Town Attorney for the Town of Avon, has reviewed and approved the proposed IGA. ATTACHMENTS Intergovernmental Agreement Page 1 of 3 CISC PAYMENT INTERGOVERNMENTAL AGREEMENT This CISC Payment Intergovernmental Agreement (this “Agreement”) is effective as of August 26, 2016 (the “Effective Date”) by and among the Colorado Information Sharing Consortium, a Colorado local government entity (the “CISC”), Eagle County, a Colorado local government entity (“Eagle County”), the Town of Eagle, a Colorado local government entity (the “Town of Eagle”), the Town of Avon, a Colorado local government entity (“Avon”), and the Town on Vail, a Colorado local government entity (“Vail”). The CISC, Eagle County, the Town of Eagle, Avon, and Vail may be referred to herein as the “Parties”. RECITALS A. The CISC promotes data sharing among Colorado law enforcement agencies. B. Each of Eagle County, the Town of Eagle, Avon, and Vail have executed the CISC’s founding intergovernmental agreement and are considered member agencies of the CISC. C. The CISC’s operational expenses (the “CISC Expenses”) are paid by the CISC’s member agencies based on the number of FTE certified peace officers employed by each member agency. D. The CISC entered into a certain Services Agreement for a Law Enforcement Data Warehouse with Numerica Corporation dated June 13, 2016 (the “Data Warehouse Agreement”), for the creation and provision of a law enforcement data warehouse that will enable CISC member agencies the ability to share and analyze law enforcement data. E. The CISC’s member agencies may join the Data Warehouse Agreement and share data thereunder. F. The Data Warehouse Agreement requires that participating member agencies pay $20 per FTE certified peace officer per year (the “Base Fee”) to the CISC; the CISC in turn pays Numerica Corporation that Base Fee. G. Member agencies can purchase additional services under the Data Warehouse Agreement for additional cost. H. To encourage law enforcement data sharing, Vail has offered to pay each of Eagle County’s, the Town of Eagle’s, Avon’s portion of the CISC Expenses and the Base Fee if each of Eagle County, the Town of Eagle, and Avon join the Data Warehouse Agreement. AGREEMENT Now, therefore, in consideration for the recitals, the mutual promises herein, the benefit the Parties will receive from sharing data under the Data Warehouse Agreement, and other good and valuable consideration, the receipt and adequacy of which is acknowledged, the Parties agree as follows: 1. Eagle County, the Town of Eagle, Avon, and Vail shall to join the Data Warehouse Agreement and shall participate in data sharing thereunder. 2. Vail shall pay for its own portion of the CISC Expenses and the Base Fee. Vail shall also pay for Eagle County’s, the Town of Eagle’s, and Avon’s portion of the CISC Expenses and the Base Fee. Nothing herein requires Vail to pay for any additional costs beyond the Base Fee for Eagle County, the Town of Eagle, or Avon. If Eagle County, the Town of Eagle, or Avon Page 2 of 3 purchase additional services under the Data Warehouse Agreement, then they must pay such additional costs themselves. 3. Unless otherwise terminated as provided for herein, Vail’s payment obligation shall continue for so long as Eagle County, the Town of Eagle, or Avon are parties to the Data Warehouse Agreement. 4. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of Vail beyond the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise available. This Agreement is automatically terminated on January 1 of the first fiscal year for which funds are not appropriated. Vail shall notify the other Parties if it does not appropriate funds for this Agreement. 5. If Eagle County, the Town of Eagle, Avon, or Vail terminates its participation in the Data Warehouse Agreement or the CISC, it shall immediately notify the other Parties. 6. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without regard to such jurisdiction’s conflict of laws principles. An action brought by any Party to interpret or enforce any provision of this Agreement may be brought only in a state court located in Eagle County or Denver County, Colorado and each Party submits to the jurisdiction and venue of such courts and waives any objection to which it otherwise might be entitled regarding such jurisdiction or venue. EACH PARTY HEREBY WAIVES ANY RIGHT IT HAS OR MAY HAVE TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. This Agreement states the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes and replaces all previous discussions, negotiations, and agreements. The failure of any Party to insist upon the performance of any provision of this Agreement or to exercise any right or privilege granted to such Party under this Agreement will not be construed as waiving such provision or any other provision of this Agreement. If any provision of this Agreement is held invalid or unenforceable, the invalidity or unenforceability will not invalidate the remaining provisions of this Agreement. Any amendment or addition to this Agreement will be effective only if in writing and signed by both Parties. This Agreement may be executed and delivered in counterparts (including by means of electronic signatures), all of which taken together will constitute one and the same agreement. [signature page follow] Page 3 of 3 [signature page to the CISC Payment Intergovernmental Agreement] The Parties are executing this Agreement to signify their acceptance of all the terms and conditions herein, to be effective as of the Effective Date, regardless of the date of signature. Colorado Information Sharing Consortium Eagle County By: __________________________________ By: __________________________________ Name: ________________________________ Name: ________________________________ Title: _________________________________ Title: _________________________________ Date: _________________________________ Date: _________________________________ Town of Eagle Town of Avon By: __________________________________ By: __________________________________ Name: ________________________________ Name: ________________________________ Title: _________________________________ Title: _________________________________ Date: _________________________________ Date: _________________________________ Town of Vail By: __________________________________ Name: ________________________________ Title: _________________________________ Date: _________________________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, NOVEMBER 15, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting Minutes 11-15-2016.doc Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:14 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Buz Reynolds and Megan Burch. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Public Works Director Gary Padilla, Recreation Director John Curutchet, Fleet Director Rego Omerigic, Planning Director Matt Pielsticker, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Town Attorney Eric Heil requested a change to the title of the Executive Session. He requested the title to read as follows, “a conference with the Town Attorney for the purpose of receiving legal advice on personnel matters under C.R.S. §24-6-402(2)(b).” The agenda was approved with the addition. 3. PUBLIC COMMENT Amy Phillips, Michael Cacioppo, Albert “Chico” Thuon and Betty Todd commented. 4. ACTION ITEMS START TIME: 00:29:40 4.1. ACTION ON FUNDING REQUEST FOR THE 2017 COVER ROCK FESTIVAL IN THE AMOUNT OF $75,000 CASH AND $7,500 OF IN-KIND SERVICES (TRUE LOCAL EVENTS & EVENT PRODUCER TOM DOBREZ & DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY) Michael Cacioppo and Amy Phillips commented. Mayor Pro Tem Wolf moved to approve $75,000 cash request, with the condition that $45,150 will be given up front and the remainder ($29,850) will be put on hold in order for the Town to assess if it would be feasible and cost effective for the Town to invest in “infrastructure” equipment, such as fencing, electric, waste and tents, in order to offset for the producer and the producers of future events. If the Town finds that it would not be cost effective to make any investments to cover the costs associated with the remaining amount, the producer will receive the remaining amount. Council Burch seconded the motion and it passed unanimously by those present. 4.2. APPROVAL OF THE OCTOBER 25, 2016 MINUTES (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Councilor Burch moved to approve the October 25, 2016, minutes. Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Gennett and Councilor Reynolds abstained. 4.3. MOTION TO SET FUTURE MEETING DATES 4.3.1. MOTION TO SET THE NEXT REGULAR COUNCIL MEETING TO SWEAR IN NEW COUNCILORS 4.3.2. CONSIDERATION OF A MOTION TO SET A PUBLIC HEARING ON DECEMBER 5TH FOR PRESENTATION OF THE AVON HOTEL 4.3.3. CONSIDERATION OF A MOTION TO SET A TOWN COUNCIL RETREAT IN DECEMBER TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, NOVEMBER 15, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting Minutes 11-15-2016.doc Page 2 Council agreed to set the swearing in of new Councilors for Thursday, November 17, 2016. Council agreed to set a Public Hearing for December 5, 2016, for presentation and public hearing of the Avon Hotel. Council agreed to set December 12, 2016, as the date for the Town Council Retreat from 11:00 a.m. to 5:00 p.m. 5. WORK SESSION START TIME: 01:32:31 5.1. PRESENTATION OF THE TOWN OF AVON CONSERVATION EASEMENT PROPOSAL AND EAGLE COUNTY PARTNERSHIP TO SUPPORT WALKING MOUNTAINS SCIENCE CENTER IN ACQUIRING APPROXIMATELY SIX ACRES ALONG BUCK CREEK, SOUTH OF THE EXISTING CAMPUS TO EXPAND OPEN SPACE, PUBLIC EDUCATIONAL PROGRAMMING AND PUBLIC RECREATION ACCESS (TOWN ATTORNEY ERIC HEIL) Michael Cacioppo commented. 5.2. PRESENTATION OF OPTIONS FOR ADDING DEED RESTRICTED EMPLOYEE HOUSING UNITS AND/OR A RESIDENTIAL MIX WITH EMPLOYEE AND FREE MARKET UNITS TO THE NEW TOWN HALL (TOWN ENGINEER JUSTIN HILDRETH) Michael Cacioppo and Amy Phillips commented. 6. WRITTEN REPORTS 6.1. MONTHLY FINANCIALS REPORT (BUDGET ANALYST KELLY HUITT) 7. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE URBAN RENEWAL AUTHORITY START TIME: 03:53:40 Mayor Fancher moved to continue the Regular Meeting. Councilor Burch seconded the motion and it passed unanimously by those present. 8. CALL TO ORDER OF THE CONTINUED REGULAR MEETING Mayor Fancher called the meeting to order at 8:59 p.m. A roll call was taken and Council members present were Matt Gennett, Buz Reynolds, Megan Burch, Jake Wolf, Sarah Smith Hymes and Scott Prince. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. MAYOR & COUNCIL COMMENTS 11. TOWN MANAGER UPDATE 12. EXECUTIVE SESSION PURSUANT TO COLORADO REVISED STATUE 24-6-402(4)(F) FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS Council convened into Executive Session at 9:10 p.m. Executive Session ended at 11:43 p.m. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, NOVEMBER 15, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting Minutes 11-15-2016.doc Page 3 Council reconvened into regular session at 11:43 p.m. 13. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 11:43 p.m. RESPECTFULLY SUBMITTED: ______________________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR THURSDAY, NOVEMBER 17, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting Minutes 12-17-2016.doc Page 1 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Council members present were Buz Reynolds, Jake Wolf, Matt Gennett, Sarah Smith Hymes, Megan Burch and Scott Prince. Also present were Councilor Elect Amy Cramer Phillips, Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. PUBLIC COMMENT Council agreed to allow public comment, which was not on the Agenda. Approximately 20 persons spoke regarding selection of the Town of Avon Mayor. 3. NEW COUNCIL SWEARING IN AND ELECTION OF OFFICERS 2.1. READING THE NAMES OF NEWLY ELECTED COUNCIL MEMBERS (TOWN CLERK DEBBIE HOPPE) Town Clerk Debbie Hoppe read the names of the newly elected Council members, including Jennie Fancher, Jake Wolf and Amy Cramer Phillips. 2.2. SWEARING IN AND SEATING OF NEW COUNCIL MEMBERS (TOWN CLERK DEBBIE HOPPE) The newly elected Council members repeated the oath of office, read by Town Clerk Debbie Hoppe, promising to faithfully carry out the responsibilities of the office and to honor the Constitution of the United States and the laws of the State of Colorado and the Town of Avon. 2.3. ELECTION OF MAYOR AND MAYOR PRO TEM 2.3.1. ROLL CALL OF NEW COUNCIL (TOWN CLERK DEBBIE HOPPE) 2.3.2. A roll call was taken and Council members present were Jake Wolf, Matt Gennett, Sarah Smith Hymes, Jennie Fancher, Megan Burch, Scott Prince and Amy Cramer Phillips 2.3.3. NOMINATE AND ELECT A TEMPORARY CHAIRPERSON Buz Reynolds was nominated to serve as the Temporary Chairperson. The majority of Council approved. 2.3.4. NOMINATE AND ELECT A MAYOR Jennie Fancher and Jake Wolf were nominated. Council voted and the results of the paper ballot vote were read out loud by Town Clerk Debbie Hoppe: • Five (5) votes for Jennie Fancher, from Megan Burch, Scott Prince, Sarah Smith Hymes, Amy Cramer Phillips and Jennie Fancher • Two (2) votes for Jake Wolf, from Matt Gennett and Jake Wolf As a result of the vote, Jennie Fancher was elected to serve as Mayor. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR THURSDAY, NOVEMBER 17, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting Minutes 12-17-2016.doc Page 2 2.3.5. NOMINATE AND ELECT A MAYOR PRO TEM Jake Wolf, Sarah Smith Hymes and Megan Burch were nominated. Council voted and the results of the paper ballot vote were read out loud by Town Clerk Debbie Hoppe, as follows: • Four (4) votes for Sarah Smith Hymes from Jennie Fancher, Scott Prince, Amy Cramer Phillips and Sarah Smith Hymes • Two (2) votes for Jake Wolf, from Matt Gennett and Jake Wolf • One (1) vote for Megan Burch, from Megan Burch As a result of the vote, Sarah Smith Hymes was elected to serve as Mayor Pro Tem. 3. COUNCIL MOTION Councilor Wolf made a motion to terminate immediately the employment of Town Manager Virginia Egger. Councilor Gennett seconded the motion and the motion failed on a vote of 2 to 5, with Matt Gennett and Jake Wolf voting yes and Jennie Fancher, Sarah Smith Hymes, Megan Burch, Scott Prince and Amy Cramer Phillips voting no. 4. ADJOURNMENT There being no further business to come before Council, the regular meeting adjourned at approximately 5:57 p.m. RESPECTFULLY SUBMITTED: ______________________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR MONDAY, DECEMBER 5, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting Minutes 12-05-2016.doc Page 1 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Council members present were Amy Phillips, Jake Wolf and Scott Prince. Sarah Smith Hymes appeared via phone. Matt Gennett and Megan Burch were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no public comments. 4. ACTION ITEMS START TIME: 00:13:11 4.1. OPENING OF THE PUBLIC HEARING FOR PRESENTATION OF THE AVON HOTEL MAJOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE, REQUEST FOR THE FUNDING OF CERTAIN LANDSCAPING AND UTILITY IMPROVEMENTS, AND PARKING MANAGEMENT PLAN – THE PUBLIC HEARING WILL BE CONTINUED TO DECEMBER 13, 2016 TO ALLOW ADDITIONAL TIME FOR THE REVIEW, PUBLIC COMMENT AND ACTION BY THE TOWN COUNCIL (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Wolf left the meeting 6:30 p.m. Michael Cacioppo, Tom Crosby and Peter Lorbiecki commented. Council members presented direction to town staff and the developer. The item was continued to the December 13, 2016, regular meeting. 4.2. APPROVAL OF DECEMBER 12, 2016 RETREAT AGENDA (MAYOR JENNIE FANCHER) Councilor Phillips asked to add an item related to the process and timing for how and when Council meeting agendas are set. 5. ADJOURNMENT Mayor Fancher moved to continue the public hearing for the hotel on Lot B to December 13, 2016. Councilor Phillips seconded the motion and it was passed unanimously by those present. The time was 7:32 p.m. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR MONDAY, DECEMBER 5, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting Minutes 12-05-2016.doc Page 2 RESPECTFULLY SUBMITTED: ______________________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: December 13, 2016 Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for December 2016, which lists 1) the 2016 Audi Birds of Prey World Cup gift bags that have been given to each member of the Town Council, and 2) the parking medallions, one each, which have been provided to the Mayor and Town Manager. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a report gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. 2016 Audi Birds of Prey World Cup Gift Bags – The eight (8) gift bags provided by the Vail Valley Foundation for the 2016 Birds of Prey World Cup event include a variety of items. The total value of each gift bag equals $375.00. 2. Beaver Creek Resort Company Parking Medallions – Mayor Jennie Fancher and Town Manager Virginia Egger received parking medallions from the Beaver Creek Resort Company, allowing them to park for free for the year. The total value of each parking medallion is expected to exceed $50 as the Beaver Creek Resort Company has indicated that it costs approximately $1,200 per year to lease one of their parking spots. Submitted to the Avon Town Council on December 13, 2016. _________________________________ Debbie Hoppe, Town Clerk Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Conservation Easement on Buck Creek Open Space Tracts DATE: December 8, 2016 SUMMARY: The Town of Avon was approached by Walking Mountains Science School (“Walking Mountains”) and Eagle County with a proposal for the Town of Avon to grant a Conservation Easement (“Easement”) on approximately 97.3 acres of Town owned open space to supplement a proposed 5.8 acre open space acquisition on Buck Creek Road by Walking Mountains Science School. The form of Easement proposed by Eagle County is attached along with a diagram depicting the Town open space to be placed into the Easement. TERMS: The Easement includes most terms that are in the standard conservation easement form that used by Eagle County and land trusts. The Easement is in perpetuity and cannot be terminated unless by court order. The “Purpose” of the Easement is to preserve the public access for passive recreation and education, preserve the relatively natural habitat, and preserve the scenic values of the open space. The granting of the Easement by the Town would effectively prevent future Town Council’s from ever changing the current zoning from open space and developing the property. The Easement would also impose greater restrictions than the current open space zoning to essentially preserve the property in its current state. New or expanded future uses are generally required to be “consistent with the “Purpose”” of the Easement, which is to ensure that the “Conservation Values” are protected in perpetuity. The Grantee (Eagle County) determines whether any new use or land management practice is consistent with the purpose. The Town retains certain rights (“provided such acts or uses are consistent with the Purpose”) to construct new passive recreation improvements (e.g. picnic tables, benches, trail head parking, trail head restroom); construct new unpaved roads for utilities, drainage, slope stabilization and landscaping; construct up to two miles of new passive recreation trails; maintain existing utility improvements; construct new drainage improvements; and construct retaining walls. The construction of any new underground utility improvements would be subject to review and approval of the Grantee. The balance of the Easement is consistent with the form typically used by the County and land trusts. PROPOSED MOTION: “I move to approve Resolution No. 16-37 Granting a Conservation Easement for the Avon Northside Parcels.” Thank you, Eric ATTACHMENTS: Project Summary from Toby Sprunk, County Open Space Director Diagram of Town open space parcels Form of Conservation Easement M EMORANDUM & PLANNING, LLC Buck Creek/Walking Mountains Open Space Project Summary Sheet Eagle Valley Land Trust | P.O. Box 3016 | Edwards, CO 81632 | 970-748-7654 | www.evlt.org Page 1 of 4 Owners: Town of Avon (71.86 + 24.64 = 96.5 acres) Walking Mountains Science Center (3.51 acres) Town of Avon, Buck Creek Parcels in Green above WMSC 3.5- acre CE Eagle Valley Land Trust | P.O. Box 3016 | Edwards, CO 81632 | 970-748-7654 | www.evlt.org Page 2 of 4 Summary: A planned perpetual conservation easement encumbering approximately 3.5 acres owned by Walking Mountains and surrounding 96.5 acres owned by the Town of Avon. Walking Mountains will acquire approximately 6 acres along Buck Creek, south of its campus. It will place employee housing and future education facilities on a portion of that land, and donate a conservation easement to Eagle Valley Land Trust (EVLT) on the balance of the parcel (approximately 3.51 acres) upon which it intends to continue public educational programming and allow public recreational access. The county intends to commit $1M toward the conservation of this parcel of land for the benefit the public will receive. This $1M commitment is contingent up on the Town of Avon conveying a conservation easement over the adjacent two parcels to Eagle Valley Land Trust. The county intends to commit an additional $100,000 toward the transaction costs of the conservation easement grants to be split equally between Walking Mountains and the town unless otherwise agreed by the parties. Such costs include EVLT project fee, EVLT legal fees, baseline documentation, EVLT Stewardship and Defense Fund payments, title insurance and closing costs and any other due diligence that may be required. Conservation Values: Scenic open space and public education and recreation. Scenic Open Space: The Property’s preservation will provide scenic enjoyment to the general public because the Property is in an undeveloped and natural condition, featuring a mosaic of natural vegetation communities across dramatic topography. As such, the Property adds to the scenic character, openness, and variety of the local rural landscape. The Property is visually accessible to the public from Interstate Highway 70, Nottingham Road, Buck Creek Road, and from nearby adjacent Town of Avon open space properties and the public trails located thereon, which are actively used by the citizens of the Town of Avon, Eagle County and the State of Colorado. Public Access: Outstanding public benefit will be derived from the public recreation opportunities that will be preserved on the Property by virtue of future community and regional trail connections. The conservation easement for the Walking Mountains property will allow for a trail or trails to be determined in the future. The language from the conservation easement states the following: “Grantor may maintain and repair any Trail existing on the Property as of the Effective Date. The Property is subject to an easement to the Town of Avon for construction of a new Trail. In addition, Grantor intends to establish a new Trail on the Property, the location of which is subject to Grantee’s approval. Except as described in the previous two sentences, Grantor may not construct or establish any new Trail on the Property unless approved as part of the Management Plan or otherwise approved by Grantee pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). Grantor reserves the right to make improvements to the Trails and allow use of the Trails as may be required under the law to comply with 42 U.S.C. §§12101 et seq. The conservation easement for the Town of Avon Parcels may contain similar, or the same language. NOTE: Approval of additional trails will not be particularly cumbersome if wildlife habitat is not listed as a conservation value for the Property (as differentiated from the West Avon Preserve, which conservation easement was written to require protection of wildlife habitat). Eagle Valley Land Trust | P.O. Box 3016 | Edwards, CO 81632 | 970-748-7654 | www.evlt.org Page 3 of 4 Habitat Description: If wildlife habitat is not stated as a conservation value to be protected by the conservation easement for the Property, the landowner may freely dictate restrictions on use of the property due to habitat conservation considerations. The property features sagebrush shrublands and small areas of pinyon-juniper woodlands, aspen stands, and montane riparian areas. The property contains winter and/or severe winter range for elk and deer and is one of the main migration corridors for mule deer north of I-70. Winter range vegetation includes both young and old sage communities, mountain shrub, pinyon-juniper, and oakbrush. Buck Creek crosses approximately 900 feet of the Walking Mountains parcel (550 feet on the conservation easement parcel). The creek’s small, but robust riparian corridor, and its connectivity to adjacent open lands give it excellent wildlife habitat characteristics. The property contains the following habitat mapped by Colorado Parks and Wildlife: Historic sage grouse habitat; Bald eagle winter forage Overall mule deer range including migration corridor and winter range Overall elk range including winter concentration; and summer, winter and severe winter range Mountain lion, moose, black bear overall range Other Conservation Easement Terms: Subdivision, industrial uses, mineral extraction, commercial timber harvesting, construction of buildings, motorized vehicles (with the exception for maintenance/restoration/improvements) will be prohibited. Roads, telecom facilities, easements, and commercial activities will be prohibited unless approved by the land trust – some of which may be approved in advance of closing if known. Fences may be maintained, repaired and replaced. The language from the conservation easement states the following: “Grantor may place, install, construct, maintain, repair and replace the following new improvements on the Property: (i) information kiosk; and (ii) interpretive and directional signage; and (iii) one or more outdoor open-air teaching areas as set forth in the Management Plan.” The conservation easement for the Town of Avon Parcels may contain similar, or the same language. Financial Summary (Town of Avon Only): Sources of funding: Eagle County $50,000 Eagle Valley Land Trust | P.O. Box 3016 | Edwards, CO 81632 | 970-748-7654 | www.evlt.org Page 4 of 4 Uses of funding (estimated): EVLT Project Fee $10,000 EVLT legal fees $10,000 Stewardship fund $30,000 Defense fund $ 3,000 Baseline $ 3,800 Title Policy $ 3,000 Mineral Remoteness $ 2,000 Closing Costs $ 500 Total: $62,300 Next Steps Town of Avon Approval Drafting of Option Agreement and CE (EVLT lead) Due Diligence (EVLT Lead) Closing 71 Acres +/- 24.65 Acres +/- 4.61 Acres +/- 5.81 Acres +/-NOTTINGHAM RD BUCKCREEKRDWBEAVERCREEKBLVD SUN R D B E N C H M A R K R D LAKE S T MILLIESLN INTERSTATE70 INTE R STATE 70 A C CESS RD W A L K I N G M O U N T A I N S L N MOUNTAIN STAR DR S W IF T G U L C H R D AVO N R D M E T C A L F R D AVON RD Ea g l e C o u n t y , C o l o r a d o G o v m n t , G I S D e p t P : \ D e p a r t m e n t \ O p e n s p a c e \ W a l k i n g M o u n t a i n _ 1 0 2 4 1 4 \ W a l k i n g M o u n t a i n S c h o o l _ 1 1 0 9 1 6 . m x d D a t e : 1 1 / 9 / 2 0 1 6 9 : 5 3 : 0 6 A M N a m e : s c o t t . f l e m i n g Walking Mountains Science School This map was created by the Eagle County GIS Department.Use of this map should be for general purpose only.Eagle County does not warrant the accuracy of the datacontained herein.[0 400200 Feet Parcel Boundary Walking Mountains Science School Town of Avon Parcel Buck Creek Associates Parcel RESOLUTION NO. 16-37 GRANTING A CONSERVATION EASEMENT FOR THE AVON NORTHSIDE PARCELS WHEREAS, Eagle County and Walking Mountains Science Center have proposed to partner with the Town of Avon to convey conservation easements on certain lands to protect such lands and to provide County open space funds to facilitate Walking Mountains Science Center’s acquisition of lands adjacent to the existing science center facility on Buck Creek road; and WHEREAS, the Town Council finds that approval of the attached Conservation Easement will promote the health, safety, prosperity, convenience and general welfare of the Avon community by preserving lands for passive recreation, educational, natural habitat and scenic value purposes. NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the DEED OF CONSERVATION EASEMENT which is attached to this Resolution as Exhibit A. ADOPTED December 13, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 1 of 30 After recording, please return to: Eagle County Attn: Toby Sprunk, Director of Open Space P.O. Box 850 Eagle, Colorado 81631 DEED OF CONSERVATION EASEMENT Avon Northside Parcels THIS DEED OF CONSERVATION EASEMENT (“Deed”) is granted on this _____day of December, 2016, by the TOWN OF AVON, a Colorado municipal corporation, a/k/a Town of Avon, Colorado (“Grantor”), the address of which is One Lake Street, P.O. Box 975, Avon, Colorado 81620, to EAGLE COUNTY, COLORADO, a body corporate and politic (“Grantee”), the address of which is P.O. Box 850, Eagle, Colorado 81631. (Grantor and Grantee are individually referred to herein as a “Party”, and are collectively referred to herein as the “Parties”). The following exhibits are attached hereto and are incorporated by reference: Exhibit A: Description of the encumbered portion of Tract B Exhibit B: Description of Tract C Exhibit C: Map of the encumbered portion of Tract B Exhibit D: Map of Tract C Exhibit E: Baseline Documentation Report Exhibit F: Sample Notice of Transfer of Property RECITALS: A. Description of Property. Grantor is the sole owner in fee simple of approximately 97.3 acres of real property located in Eagle County, Colorado, more particularly described in Exhibit A and Exhibit B and depicted in Exhibit C and Exhibit D, all of which are attached hereto and made a part hereof (the “Property”). The Property is comprised of a 72.7 acres, more or less, of the northerly parcel known as Tract B and the 24.64 acre, more or less, southeasterly parcel known as Tract C, as shown on Exhibits C and D. B. Conservation Purposes. The conservation purposes of a qualified conservation easement must include one or more of the following: (1) to preserve land for outdoor recreation by or education of the general public; (2) to protect relatively natural habitat of fish, wildlife or plants; (3) to preserve open space; and (4) to preserve historically important land or structures. The conservation purposes set forth in this Recital B and referred to hereafter in this Deed are collectively referred to as the “Conservation Values.” Any time the Property is transferred by Grantor to any third party, Grantor shall pay a transfer fee of $500 to Grantee and notify Grantee pursuant to the requirements of Section 11 of this Deed. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 2 of 30 The Conservation Values of the Property are as follows: 1. Public Recreation or Education. The Property is intended to be used for passive public recreation and education including, but not limited to, public trails. There are no formal trails on the Property as of the Effective Date (defined below) , althoughthere are some social trails; future trails on the Property will connect with an extensive trail system on adjoining public lands, enhancing trail system accessibility and connectivity for the public. 2. Relatively Natural Habitat. The Property supports native sagebrush shrublands, mixed conifer forest, small areas of aspen and cottonwood stands, and riparian areas that provide forage, cover, breeding habitat, and migration corridors for a variety of wildlife species, including migratory songbirds, raptors, small mammals, and big game. The Property’s habitat is significant because it provides or potentially provides habitat for species considered rare, threatened, endangered, or of special concern— namely bald eagle (a State of Colorado Species of Concern). The Property lies within bald eagle winter foraging range. The Property also provides: (i) overall range for elk, including winter concentration, and summer, winter and severe winter range, (ii) overall range, winter range and migration corridor concentration areas for mule deer, (iii) overall range for black bear, and (iv) overall range for mountain lion. These big game species contribute significantly to the biodiversity of the region and to the economy of Eagle County and the State of Colorado. 3. Open Space. The Property qualifies as open space because it is being preserved for the scenic enjoyment of the general public and pursuant to clearly delineated federal, state, and local governmental conservation policies, and will yield a significant public benefit. a. Scenic Enjoyment. The Property’s preservation will provide scenic enjoyment to the general public because the Property is in an undeveloped and natural condition, featuring a mosaic of natural vegetation communities across dramatic topography. The Property adjoins private owned lands or roads on all sides. The east parcel adjoins the pending Walking Mountains conservation easement along Buck Creek, and both parcels adjoin the Mountain Star conservation easement held by the Town of Avon (Figures 2 and 4 of the Baseline Documentation Report). All other adjacent lands are in residential duplex or light industrial or commercial zones or zoned for planned unit development or planned unit development open space. The Property provides open space near the Town of Avon. On a landscape scale, the position of the conservation easement will protect the scenic value and natural, open character of lands around the Town of Avon in the Eagle Valley. The Property is visually accessible to the public from Interstate Highway 70, Nottingham Road, Buck Creek Road, and various trails which are open to and actively utilized by residents of the Town of Avon, Eagle County and the state of Colorado. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 3 of 30 b. Clearly Delineated Government Conservation Policy. Protection of the Property furthers the specific objectives of those clearly delineated government conservation policies set forth in Recitals D and E below. c. Significant Public Benefit. There is a foreseeable trend of urbanization and rural subdivision development in the vicinity of the Property and the surrounding areas within the Town of Avon and Eagle County. There is a strong likelihood that development of the Property would lead to or contribute to degradation of the scenic and natural character of the area. Preservation of the Property will continue to provide an opportunity for the general public to appreciate its scenic values. These Conservation Values are of great importance to Grantor, Grantee, the residents of Eagle County, and the residents of the state of Colorado. It should also be noted that the terms of the Easement (defined below) do not permit a degree of intrusion or future development that would interfere with the essential scenic quality of the Property. D. State Policy Concerning Conservation Easements. 1. C.R.S. § 33-1-101 provides in relevant part that "it is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." 2. C.R.S. § 33-10-101 provides “It is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state.” 3. C.R.S. § 38-30.5-102 provides for the creation of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest or other use or condition consistent with the protection of open land, environmental quality or life sustaining ecological diversity . . ." 4. The Colorado Department of Transportation statutes (C.R.S. § 43-1-401, et seq.) provide that the “preservation and enhancement of the natural and scenic beauty of this state” are of substantial state interest. E. Other Supporting Government Policy. 1. Eagle County Resolution No. 02-123 provides for the creation of an open space mill levy for the purpose of acquiring, maintaining, or permanently preserving open space to preserve wildlife habitat, protect working farms and ranches, conserve scenic EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 4 of 30 landscapes and vistas, protect wetlands and floodplains, or provide public access points to rivers and streams. 2. Eagle County Resolution No. 16-064 establishes that certain characteristics and/or traits make a property worthy of protection through the Open Space Program, such as and not by way of limitation, fish and wildlife habitat or migration routes; working farms and ranches; scenic landscapes and vistas; wetlands, floodplains or other riparian habitat; public access to rivers and streams or lands open to the public; dispersed recreation; geographic or topographic formations; rare or significant flora or fauna; cultural historic values; or other natural, open space or conservation values. 3. The Eagle County Comprehensive Plan states that: “Eagle County is a place where natural ecosystems are preserved and maintained in order to assure the health and wellbeing of local wildlife populations.” 4. The Eagle County Comprehensive Plan states that: “The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved.” 5. The Eagle County Comprehensive Plan states that: “A variety of approaches should be utilized to preserve land as open space” including conservation easements. 6. The Town of Avon Comprehensive Plan states in Goal I.1 that it is a goal of the Plan to “provide an exceptional system of parks, trails, and recreational programs to serve the year round leisure needs of area residents and visitors.” F. Baseline Documentation Report. In order to document the condition of the Property as of the Effective Date, a report has been prepared by Rare Earth Science, LLC and dated ____________, 2016 (the “Baseline Report”). The Baseline Report contains a natural resources inventory and also documents the Conservation Values and the characteristics, current use, and status of improvements on and development of the Property. The Baseline Report is acknowledged by Grantor and Grantee as an accurate representation of the Property at the time of the transfer. The Baseline Report has been provided to both Parties, is attached as an exhibit and incorporated herein by this reference, and may be used by Grantee to assure that any future changes in the use of the Property will be consistent with the terms of this Easement. However, the Baseline Report is not intended to preclude the use of other evidence to establish the condition of the Property as of the Effective Date. G. Eagle County Open Space. Transaction costs associated with the grant of this Easement were funded by the Eagle County Open Space Program (the “County”). EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 5 of 30 NOW, THEREFORE, in consideration of the recitals set forth above, incorporated herein by reference, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, Grantor voluntarily grants and conveys to Grantee and Grantee voluntarily accepts, a perpetual conservation easement in gross (“Easement”), an immediately vested interest in real property defined by C.R.S. §§ 38- 30.5-101, et seq., and of the nature and character described in this Deed, for the purpose of preserving and protecting the Conservation Values in perpetuity, subject to, and without affecting, any currently-existing rights, if any, of third parties or the United States, encumbering the Property, under Federal law, Colorado statutory law or common law (“Third-Party Rights”). 1. Purpose. The purpose of this Easement is to ensure that Grantor preserve and protect in perpetuity the Conservation Values as they exist upon the Effective Date (defined below) and as they may evolve in the future, in accordance with C.R.S. § 38-30.5-101, et seq. (“Purpose”). To effectuate the Purpose of this Easement, the Parties agree. to permit acts on and uses of the Property that are consistent with the Purpose and not expressly prohibited by this Deed and to restrict or prohibit acts on and uses of the Property that are not consistent with the Purpose. In this Deed, “consistent with the Purpose” shall mean acts on and uses of the Property that have a positive impact, neutral impact, or no impact on the Conservation Values as determined by Grantee in its sole discretion in accordance with the terms of this Deed. This Deed sets forth certain uses and activities that are expressly permitted and consistent with the Purpose, but subject to specified qualifications, conditions, and requirements of, and procedures for, prior notice to or approval of Grantee. 2. Nothing in this Easement is intended to compel a specific use of the Property other than the preservation and protection of the Conservation Values. 3. Rights of Grantee. To accomplish the Purpose of this Easement, this Deed conveys the following rights to Grantee: A. To preserve and protect the Conservation Values in perpetuity, subject to and limited by Grantor’s reserved rights; B. To enter upon the Property at reasonable times to monitor Grantor’s compliance with and otherwise enforce the terms of this Easement; provided that, prior to such entry, Grantee shall first provide at least seven (7) days notice to Grantor, and Grantee shall not unreasonably interfere with Grantor’s use and quiet enjoyment of the Property; C. To prevent any activity on or use of the Property that is inconsistent with the Purpose or the express terms of this Easement and, except as limited by Section 8, Grantee may require the restoration of such areas or features of the Property that are damaged by an inconsistent activity or use; D. To enforce the terms and provisions of this Easement; EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 6 of 30 E. To place signs on the Property that identify the land as being protected by this Easement paid for through the use of Eagle County Open Space dollars, provided that the size, number, and location of such signs are subject to Grantor’s reasonable approval; and F. All Development Rights as defined in Section 25 (Development Rights), except as specifically reserved by Grantor herein. Grantor does not have the right to use or transfer any Development Rights conveyed to Grantee by this Deed. Nothing in this Section shall preclude the right of Grantee to enforce the preservation and protection of the Conservation Values or any other provisions of this Easement. 4. Rights Retained and Reserved by Grantor. Grantor retains the right to perform any act on or use of the Property that is not prohibited or restricted by this Deed provided such acts or uses are consistent with the Purpose. 5. No Management Plan. The Parties agree that no management plan is required for the Property under this Deed. 6. Property Improvements. Improvements, as documented in the Baseline Report as existing as of the Effective Date may be maintained, repaired and replaced in their current location. The installation, placement or construction of any other improvement is prohibited unless expressly permitted by this Section 5. A. Improvements. Grantor shall have the right to construct new improvements (“Improvements”) on the Property only to the extent described herein, provided that any surface area disturbed by activity related to Improvements shall be restored and revegetated by the end of two full growing seasons after completion of such activity. For the purposes of this sub-section A, “construct” shall include placement, installation, maintenance, repair and replacement of Improvements. i. Passive Recreation Improvements. Without further notice to or approval by Grantee, Grantor may construct the following new improvements: (a) interpretive and directional signage; (b) wildlife resistant trash collection containers; (c) picnic tables; (d) benches and seating; (e) trail head parking no larger than one and one half acres; (f) trail head restroom or sanitation facilities no larger than 1,200 square feet; and (g) landscaping. With prior written approval of Grantee pursuant to Section 17 (Grantor’s Notice) and Section 18 (Grantee’s Approval), Grantor may construct trail head parking larger than one and one half acres, restroom facilities larger than 1,200 square feet and/or appurtenant improvements to the passive recreation improvements. ii. Roads. For purposes of this Section, “Roads” shall mean any existing or new permanent road that is graded, improved or maintained, including EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 7 of 30 any seasonal unimproved roads and two-track roads. Grantor may only construct Roads as may be reasonably necessary for the purpose of: (a) utility construction and maintenance; (b) drainage improvement construction and maintenance; (c) slope stabilization work; (d) landscaping; and, (e) revegetation. Grantor shall not pave or otherwise surface any Road with impervious surfaces except to the limited extent needed for erosion control. The alignment, width and design of any Roads shall minimize surface disturbance and minimize any potential erosion. Prior to construction of any new Road, Grantor agrees to provide at least 30 days written notice to Grantee. iii. Trails. For the purposes of this Section “Trails” shall mean any unimproved or improved path, or unpaved trail constructed or established by human use, but shall not include trails established by wildlife or livestock. Grantor may maintain existing social trails and construct up to two miles of unpaved Trails on the Property, upon notice to, but without further approval of Grantee. Grantor may construct, maintain and establish additional trails (in excess of two miles) with the prior written approval of Grantee, which approval shall not be unreasonably withheld, pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). The surface of the Trails shall be dirt, gravel, rock, or other natural surface, the width of any Trail tread shall not exceed three (3) feet, and the Trails may include railings and steps. Permitted uses of the trails include hiking, running, mountain biking, cross-country skiing, snowshoeing, equestrian, birdwatching and wildlife viewing, flora viewing, and other passive recreational and educational uses. Grantor may not permit motorized use of the Trails by the public. Grantor reserves the right to make improvements to the Trails and allow use of the Trails as may be required under the law to comply with 42 U.S.C. §§12101 et seq. Maintenance if the Trails shall be the responsibility of Grantor, at Grantor’s discretion, sole cost and expense. iv. Fences. Grantor may maintain, repair and replace existing fences and construct new fences anywhere on the Property, provided that any new fences shall be designed and constructed to conform to the then-existing wildlife-friendly fencing guidance from Colorado Parks and Wildlife (or its successor agency). To the extent that no such guidance exists, such fences shall be designed to minimize, to the extent practicable, impacts on wildlife and to adequately exclude livestock where livestock are present on land adjacent to the Property. v. Utility Improvements. Existing energy generation or transmission infrastructure and other existing utility improvements, if any, including but not limited to: (i) electric power poles, transformers, and lines; (ii) telephone and communications towers, poles, and lines; and (iii) (“Utility Improvements”), may be repaired or replaced with an improvement of similar size and type at their current locations on the Property and may be further developed or expanded in accordance with Section 5 B without further permission from Grantee. Grantor shall not otherwise enlarge or construct any new Utility Improvements, including EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 8 of 30 natural gas pipelines or renewable energy generation systems, including by not limited to, wind, solar, geothermal or hydroelectric unless consistent with the Purpose and approved in writing by Grantee pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). Prior to the enlargement or construction on the Property of any permitted Utility Improvements permitted under Section 5B , Grantor shall provide at least 30 days written notice of such construction to Grantee. Following the repair, replacement, or construction of any Utility Improvements, Grantor shall promptly restore any disturbed area to a condition consistent with the Purpose. Any easement, right of way or other interest granted to a third party or otherwise reserved, to be used for Utility Improvements is subject to Section 7.G (Easements, Rights of Way or Other Interests). vi. Underground Utility Improvements. Grantor may construct new or expanded underground public utility improvements (“Underground Utility Improvements”) provided the Grantee determines the proposed Underground Utility Improvement is consistent with the Purpose, pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval) of this Deed. Following the construction, expansion or repair of any Underground Utility Improvements, Grantor shall promptly restore any disturbed area to a condition consistent with the Purpose. Any easement, right of way or other interest granted to a third party or otherwise reserved, to be used for Utility Improvements is subject to Section 7.G (Easements, Rights of Way or Other Interests). vii. Drainage Improvements. Grantor may construct new or expanded drainage and flood control improvements, including but not limited to grading, impoundments, and control structures. Prior to construction of any new or expended drainage or flood control improvements, Grantor shall give Grantee at least 30 days written notice, unless such improvements are intended to respond to or prevent damage after occurrence identified in Section 35, in which case no notice is required. viii. Retaining Walls. Grantor may construct retaining walls for the purpose of slope stabilization, erosion control, and/or support of any Improvements permitted in this Sub-Section A. Prior to construction of any new retaining walls, Grantor shall give Grantee at least 30 days written notice, unless such improvements are intended to respond to or prevent damage after occurrence identified in Section 35, in which case no notice is required. ix. Signs. Grantor may place and maintain interpretive and directional signs, provided that such signs do not exceed eight (8) square feet. Grantor may place larger signs on the Property with Grantee’s approval pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). x. Existing and New Water Features. The maintenance and repair of existing non-domestic water improvements such as ponds, reservoirs, irrigation EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 9 of 30 ditches, pipes, headgates, flumes, pumps, or wells, if any, is permitted. The construction of new water improvements or enlargement of existing water improvements is permitted upon Grantee’s approval pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). Any portion of the Property that is disturbed by the maintenance, repair, construction or enlargement of water improvements shall be restored to a condition that is consistent with the Purpose promptly after said activity is completed. B. Matters of Record. Grantor and/or the beneficiary or grantee of any easements, rights-of-way, or other instruments of record (“Matters of Record”) recorded as of the date and time this Deed is recorded shall have all rights stated in any such easement to construct, install, place, relocate, maintain, repair, replace, or expand such utilities and improvements to the extent set forth in such easement. This Deed shall neither operate nor be construed to affect, expand, diminish or restrict the rights of any parties or beneficiaries of any Matters of Record recorded as of the date and time of the recording of this Deed. 7. Resource Management. Grantor recognizes the importance of good resource management and stewardship to preserve and protect the Conservation Values. To this end, Grantor shall conduct the following uses of the Property in accordance with the provisions below and in a manner that is consistent with the Purpose. If Grantee believes any resource management practice(s) are not consistent with the Purpose, Grantee, in addition to all of its rights under this Deed, may request that the Parties consult with a mutually agreed upon resource management professional with a mutually agreed upon fee for services. This professional will provide written recommendations for said resource management practice(s) and Grantor shall follow the resource management professional’s reasonable recommendations, only after Grantor and Grantee have jointly determined that said recommendations are consistent with the Purpose. Grantor shall pay the costs for such consultation, including any fees for the resource management professional. A. Motor Vehicles. Grantor, and any other entity or person Grantor authorizes, may use motorized vehicles, including without limitation all-terrain vehicles and construction vehicles (i) on any Roads, and (ii) on any portion of the Property that is not a Road, provided that such vehicles shall be used only for construction, maintenance, and replacement of the improvements permitted by this Easement or for property management purposes including, but not limited to, maintenance of the Trails, weed control, habitat restoration and improvement. Notwithstanding the foregoing, Grantor shall have the right to permit motorized access on the Trails in order to comply with 42 U.S.C. §§ 12101 et seq. Any portion of the Property disturbed due to the use of motor vehicles shall be restored to a condition as close to its original condition as reasonably practicable. B. Timber. Grantor may cut trees to control insects and disease, to control invasive species, to prevent personal injury and property damage, and for fire mitigation purposes including limited and localized tree and vegetation thinning and the creation of EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 10 of 30 defensible space for permitted improvements. Grantor may also cut dead trees for habitat improvement and the construction of permitted Improvements and fences on the Property. Any fire mitigation activities shall be conducted in substantial accordance with a forest management plan prepared by a professional forester at Grantor’s sole cost and expense, which plan shall be reviewed by Grantee (at Grantee’s sole cost and expense), and shall not be effective unless and until approved by Grantee pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). C. Relatively Natural Habitat. Grantor may conduct any activities to create, maintain, restore, or enhance wildlife habitat and native biological communities on the Property, provided that such activities are consistent with the Purpose without Grantee’s approval. If such activities could be inconsistent with the Purpose, , Grantor must first notify Grantee and obtain Grantee’s consent pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). D. Minerals and Other Deposits. As of the Effective Date, Grantor owns all of the coal, oil, gas, hydrocarbons, and other minerals (the “Minerals”) located on, under, or in the Property or otherwise associated with the Property. This Easement expressly prohibits the mining or extraction of Minerals using any surface mining method. So long as such activity is consistent with the Purpose, Grantor may, with Notice and Approval of Grantee under Section 17 and Seciton 18, permit subsurface access to Minerals from locations off the Property, provided that Grantor shall not permit such subsurface access to disturb the subjacent and lateral support of the Property. E. Recreation and Education. Grantor may undertake, or permit members of the public to undertake passive, non-motorized recreation on the Property, provided such activities are consistent with the Purpose and the restrictions provided herein. Notwithstanding the foregoing, Grantor may allow motorized access in the manner otherwise permitted in Section 6. F. Water Rights. No water rights are encumbered by this Easement. G. Special Events. Grantor also reserves the right to conduct special events on the Property, provided such special events are consistent with the Purpose, and the scale, scope and duration of the special event is not expected to cause impact to the Conservation Values. Grantor must conduct such special events in a manner that minimizes damage to the Conservation Values and promptly and diligently re-vegetates any disturbed areas with native seed and/or vegetation. Events with expected attendance of more than 500 people and/or with an expected duration of more than 24 hours require approval by Grantee pursuant to Section 17 (Grantor’s Notice) and Section 18 (Grantee’s Approval). H. Public Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property. The Parties acknowledge that Grantor EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 11 of 30 reserves the right to permit public access to the Property consistent with the Purpose, for use by the public for purposes permitted by this Deed. I. Weed Control. The Parties recognize the potential negative impact of noxious weeds and invasive plant species on the Conservation Values. Grantor shall manage noxious weeds and invasive plant species in a manner consistent with the Purpose. Grantee has no responsibility for the management of noxious weeds and invasive plant species. J. Wildfire. In the event of a wildfire, any and all methods of extinguishing the fire are permissible. Also, in the event of a wildfire, the Property is available for staging of fire activities and camping for firefighters depending on the severity of an event. 8. Restricted Practices. A. Subdivision. Grantor and Grantee agree that the division, subdivision or de facto subdivision of the entire Property (which includes the non-contiguous northerly and southeasterly tracts), whether by legal or physical process, into two or more parcels of land or partial or separate interests (including, but not limited to, condominium interests or the partition of undivided interests) is prohibited. At all times Grantor shall own and convey the Property as a single parcel which shall be subject to the terms and conditions of this Easement, regardless of whether the Property now consists of separate parcels, was acquired as separate parcels, or is treated as separate parcels for property tax or other purposes. Grantor may own the single parcel by joint tenancy or tenancy in common, consistent with Section 28 (Joint and Several Liability) and 29 (Ownership by Single Entity Consisting of Multiple Parties); provided, however, that Grantor shall not undertake any legal proceeding to partition, subdivide or divide in any manner such undivided interests in the single parcel. B. Surface Disturbance. Any alteration of the surface of the land, including without limitation, the movement, excavation, extraction or removal of soil, sand, gravel, rock, peat or sod, is prohibited, unless such alteration is associated with permitted acts on and uses of the Property. C. Commercial or Industrial Activity. Grantor shall not conduct or allow industrial uses on the Property. Grantor shall not conduct or allow commercial uses of the Property that are inconsistent with the Purpose. D. Trash. Grantor may not dump or accumulate any kind of trash, sludge, or refuse on the Property, except for trash contained within wildlife resistant trash containers. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 12 of 30 E. Hazardous Materials. Grantor may use agri-chemicals on the Property in accordance with all applicable federal, state or local laws. For purposes of this Easement, “Hazardous Materials” shall mean any “hazardous substance” as defined in §9601(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), “pollutant or contaminant” as defined in § 9601(33) of CERCLA, or any hazardous waste as defined in C.R.S. §25-15-101(6). 40 C.F.R. § 302.4 provides a non-exhaustive list of over 600 substances that qualify as hazardous substances under CERCLA. The use, treatment, storage, disposal, or release of Hazardous Materials and/or agri-chemicals shall only be permitted in accordance with applicable, federal, state and local law and regulations. Without limiting the foregoing, nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, nor shall Grantee, have any right or ability, to exercise physical or managerial control over the day-to-day operations of the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, as amended. F. Easements, Rights of Way or Other Interests. The conveyance or modification of an easement, right of way or other similar interest is prohibited unless Grantee determines that the proposed conveyance or modification is consistent with the Purpose, pursuant to Sections 17 (Grantor’s Notice) and 18 (Grantee’s Approval). G. Other Restricted Uses. Grantor shall not use the Property for the construction or operation of developed recreational facilities such as golf courses, athletic fields, motorized vehicle tracks, equestrian facilities or other non-dispersed types of recreation, nor may the Property be used for sod farms, helicopter pads, and airstrips. Grantor shall not allow the Property to be used for hunting or the discharge of weapons by the public. H. Telecommunications Facilities. Except as allowed under Section 5B, Grantor shall not erect, construct, install, relocate, or use a communication facility, telecommunication facility, network element, telecommunication equipment, or any other equipment or material that may be used for telecommunications or to provide telecommunication services (as such terms are defined in The Federal Telecommunications Act of 1996, as may be amended) unless Grantee determines that the proposed facility is consistent with the Purpose pursuant to Sections 17 (Grantor Notice) and 18 (Grantee’s Approval) of this Deed.). 9. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligations of Grantor as owner of the Property. Additionally, unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God or other event over which Grantor had no control. Grantor shall continue to be solely responsible and Grantee shall have no obligation for the upkeep and maintenance of the Property and Grantor understands that nothing in this Easement relieves Grantor of any obligation or restriction on the use of the Property imposed by law. Among other things, this shall apply to: EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 13 of 30 A. Taxes. Grantor is a tax-exempt entity. However, if Grantor or the Property ever becomes subject to real or personal property taxes or assessments levied against the Property, Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor will reimburse Grantee for the same. If for any reason Grantor fails to pay any taxes, assessments or similar requisite charges, Grantee may pay such taxes, assessments or similar requisite charges, and may bring an action against Grantor to recover all such taxes, assessments and similar charges plus interest thereon at the rate charged delinquent property taxes by the county assessor's office in which the Property is located. B. No Liability. Grantee shall not be liable for injury or damages occurring on, or arising from, the Property unless due solely to the gross negligence or intentional acts of the Grantee. Liability of Grantor, if any, shall not exceed an amount equal to any limits set forth in the Colorado Governmental Immunity Act now existing or as may hereafter be amended, nor confer any rights or benefits on any person or activity not a party to this Agreement. Grantor does not waive or intend to waive the limitations on liability which are provided to it under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. Grantor agrees to obtain and maintain at all times, commercial general liability insurance consistent with the limits set forth in the Governmental Immunity Act, naming Grantee as an additional insured. Grantor shall provide proof of such insurance at any time requested by Grantee. Nothing herein shall create liability for the Grantee as a result of their contributions to the Property and this Easement. 10. Enforcement. A. General Provisions. Grantee shall have the right to prevent and correct or require correction of violations of the terms of this Deed. If Grantee determines that immediate entry is required to inspect for, prevent, terminate, or mitigate a violation of the terms of this Deed, Grantee may enter the Property without advance notice. If such entry occurs, Grantee shall notify Grantor within a reasonable time thereafter. If Grantee determines that a violation has occurred, Grantee shall notify Grantor, of the nature of the alleged violation in writing. Upon receipt of said notice, Grantor shall immediately cease the alleged violation and within thirty (30) days either (i) if necessary, provide a written plan for restoration and remediation of the Property and, once approved by Grantee, restore or remediate the Property in accordance with the plan; or (ii) provide written documentation demonstrating that the activity is permitted and is not a violation. Grantee’s acceptance of Grantor’s actions under (i) or (ii) above shall be in Grantee’s sole discretion, and shall be confirmed by Grantee in writing. If Grantor is unable or unwilling to immediately cease the alleged violation, and comply with (i) or (ii) above, the Parties agree to resolve the dispute through mediation as set in forth in Section 32 or judicial process. At any point in time, Grantee may take appropriate legal action, including seeking an injunction, to stop the alleged violation. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 14 of 30 B. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Deed against Grantor, including, without limitation, costs and expenses of suit, and reasonable staff time and attorneys' fees necessitated by Grantor's violation of the terms of this Deed, shall be borne by Grantor. If the deciding body determines that Grantor is the prevailing party on all claims in any court action to enforce the terms of this Deed, the Parties shall each be responsible for their own costs and attorney fees. The foregoing two sentences are subject to the following: i. Any costs of restoration necessitated by Grantor’s violation of the terms of this Deed, shall be borne by Grantor. ii. If an action is brought to enforce the final decision of the mediator that was agreed to by the Parties, then the prevailing Party shall be entitled to payment from the non-prevailing Party of its costs incurred in enforcing the terms of the final decision, including, without limitation, its costs and expenses of suit, and attorneys’ fees. C. Grantee’s Discretion. Grantee's remedies described in this Section 9 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of Conservation Values as described in C.R.S. § 38-30.5-108. The failure of Grantee to discover a violation or to take action shall not waive any of Grantee’s rights, claims or interests in pursuing any such action at a later date. 11. Transfer of Easement. A. This Easement may not be transferred for five years from the effective date of this Deed without consent of Grantor, which may be withheld in Grantor’s sole discretion. After the expiration of the five year prohibition on transfer, Grantee may request consent and approval of Grantor to transfer this Easement to any public agency or private non-profit organization that, at the time of transfer: (i) is a "qualified organization” under I.R.C. § 170(h); (ii) is authorized to hold conservation easements under C.R.S. §§38-30.5-101, et seq. and C.R.S. §12-61-720, and (iii) expressly agrees in writing to abide by the terms of this Easement and to assume the responsibility imposed on Grantee by this Easement. Any transfer of this Easement by Grantee shall be subject to Grantor’s prior consent and written approval, which consent and approval shall not be unreasonably withheld. Grantee shall provide Grantor with a written request to assign this Easement at least forty-five (45) days prior to the date proposed for the assignment transaction. B. If Grantee ever ceases to exist or no longer qualifies under state law to hold conservation easement interests, or if Grantee desires to transfer this Deed to a qualified organization having similar purposes as Grantee, but Grantor has refused to approve the transfer, a court with jurisdiction shall transfer this Deed to another qualified EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 15 of 30 organization having similar purposes and that agrees to abide by the terms of this Easement and to assume the responsibility imposed on Grantee by this Easement, provided that Grantor shall have adequate notice of and an opportunity to participate in the court proceeding leading to the court’s decision on the matter. C. Upon compliance with the applicable portions of this Section 10, the Parties shall record an instrument completing the assignment in the Eagle County Clerk and Recorder’s Office. Assignment of this Easement shall not be construed as affecting this Easement’s perpetual duration and shall not affect this Easement’s priority against any intervening liens, mortgages, easements, or other encumbrances. 12. Transfer of Property. Any time the Property or a portion thereof is transferred by Grantor to any third party, Grantor shall pay a transfer fee of $500.00 to Grantee to be used for purposes consistent with Grantee’s mission. Grantor agrees to incorporate the terms of this Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor shall notify Grantee in writing within fifteen (15) business days after the transfer of the Property, using the form in Exhibit C attached hereto and shall provide Grantee with a copy of the new ownership deed. Grantee reserves the right to record a notice of transfer fee in the official real property records of Eagle County, Colorado. This provision is intended to run with the land for perpetuity, and to touch and concern the Property burdened by this easement by providing Grantee a contribution toward its stewardship, enforcement and defense of this Easement. If a fee is attributable to a transfer of property classified as "residential real property," as defined in C.R.S. § 38-35-127(2)(e), then the Grantee covenants and agrees that the fee shall be used for the purposes specified in C.R.S. § 38-35-127(2)(b)(V) in a manner consistent with the Grantee's mission. 13. Condemnation. Grantor shall notify Grantee immediately of any communication or notice received concerning any proposed taking or condemnation affecting the Property, and Grantee shall have the right, but not the obligation, to participate in any proceedings. Grantee may pursue any remedies in law or in equity, including opposition to the condemnation of the Property. If the Property or any part thereof or interest therein is sold or conveyed to a condemning authority under threat of condemnation or taken through condemnation or other involuntary conversion, Grantee shall be entitled to compensation determined as provided in Section 14. 14. Termination or Extinguishment of Easement. Except as provided in Section 12 (Condemnation), this Easement or any part hereof may only be terminated or extinguished by judicial proceedings in a court of competent jurisdiction . The only ground upon which this Easement can be terminated or extinguished is the total loss of all Conservation Values. If termination or extinguishment occurs, Grantee shall be entitled to compensation determined as provided in Section 14. 15. Compensation upon Condemnation, Termination, or Extinguishment. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 16 of 30 A. The Parties acknowledge the fair market value of the Easement is seventy-five percent (75%) of the full fair market value of the Property unrestricted by this Easement (“Proportionate Value Percentage”), which percentage shall remain constant and shall be applied pursuant to Treas. Reg. § 1.170A-14(g)(6)(ii). B. If the Property is condemned, in whole or in part, as discussed in Section 12, or if this Easement is terminated or extinguished pursuant to Section 13 (Termination or Extinguishment of Easement), Grantee shall be entitled to a share of the proceeds of such action at least equal to the Proportionate Value Percentage of the full fair market value of the Property unrestricted by this Easement pursuant to Treas. Reg. § 1.170A-14(g)(6)(ii), excluding the value of any improvements. Grantor shall not voluntarily accept proceeds equal to less than full fair market value of the affected Property unrestricted by this Easement without the approval of Grantee. C. Grantee’s use of its share of such proceeds shall comply with Treas. Reg. § 1.170A-14(g)(6). D. Grantee's remedies described in this Section shall be cumulative and shall be in addition to any and all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of Conservation Values as described in C.R.S. § 38-30.5-108. 16. Perpetual Duration. This Easement shall be a servitude running with the land in perpetuity. The provisions of this Easement that apply to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear; provided, however, that each Party's rights and obligations under this Easement shall terminate (as to such party, but not as to such Party's successor, who shall be bound as provided herein) upon a transfer of the Party's entire interest in this Easement or the Property, except that liability of such transferring Party for acts or omissions occurring prior to such transfer shall survive the transfer. 17. Change of Circumstance. The fact that any use of the Property that is prohibited by this Easement, or any other use as determined by Grantee to be inconsistent with the Purpose of this Easement, may become economically more valuable than permitted uses has been considered by Grantor in granting this Easement. It is the intent of both Grantor and Grantee that such circumstances shall not justify the termination or extinguishment of this Easement pursuant to Section 13. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment pursuant to Section 13. 18. Grantor’s Notice. Where Grantor’s notice is required in this Deed, Grantor shall notify Grantee in writing not less than sixty (60) calendar days prior to the date Grantor intends to undertake the activity in question. The written notice shall describe the proposed activity in EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 17 of 30 sufficient detail (i.e. location, size, scope, design, nature) to allow Grantee to evaluate the consistency of the proposed activity with the pertinent terms of this Easement. 19. Grantee’s Approval. Where Grantee’s approval is required in this Deed, Grantee shall grant or withhold its approval, or shall request an additional thirty (30) days for review, in writing within thirty (30) calendar days of receipt of Grantor’s written notice thereof. Grantee agrees to use best efforts to complete its review and grant or withhold its approval within the applicable timeframe. Grantor shall not engage in the proposed act or use until Grantor receives Grantee’s approval in writing. As part of its determination, Grantee shall consider the proposed manner in which the proposed activity will be conducted, whether it complies with the terms of this Easement, and the likely impact on the Conservation Values. Grantee’s approval may be withheld if Grantee reasonably determines that there is any risk that the activity as proposed is not consistent with the Purpose. Grantor shall pay any and all costs associated with the evaluation of the proposed use or activity, including, but not limited to, staff time, legal fees, and resource specialist fees, provided that Grantee provides prior good faith estimates of such costs which are approved by Grantor in writing and Grantee provides itemized invoices describing the work performed, the date such work was performed, and the hourly rate or such other method of determining the cost. 20. Notices. Any notice that any Party is required to give to the other, in writing shall be transmitted via U.S. mail, overnight delivery service or served personally to the following addresses which addresses may change from time to time by a Party, giving written notice in the manner set forth above: Grantor: Town of Avon PO Box 975 One Lake Street Avon, CO 81620 Phone: ___________________ Grantee: The Board of County Commissioners of Eagle County P.O. Box 850 500 Broadway Eagle, Colorado 81631 Phone: 970-328-8605 Fax: 970-328-8629 With a copy to: Eagle County Open Space PO Box 179 500 Broadway Eagle, CO 81631 Phone: 970-328-8698 Also with a copy to: EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 18 of 30 Eagle County Attorney’s Office PO Box 850 500 Broadway Eagle, CO 81631 Phone: 970-328-8685 21. Liens on the Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing. Any mortgage or lien arising from such a borrowing is subordinate to this Deed. 22. No Merger. Unless the Parties expressly state that they intend a merger of estates or interests to occur, then no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Easement. 23. Grantor's Representations and Warranties. A. Grantor warrants that Grantor: (i) has good and sufficient title to the Property, free from all liens and encumbrances securing monetary obligations except ad valorem property taxes for the current year; (ii) has the right to grant access to the Property to Grantee for the purposes described in this Easement and has in fact granted said access to Grantee; and (iii) hereby promises to defend title to the Property against all claims that may be made against it by any person claiming by, through, or under Grantor. B. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: i. No hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, deposited, or transported, in, on, or across the Property, and that there are no underground storage tanks located on the Property; ii. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; iii. There is no pending or threatened litigation in any way affecting, involving, or relating to the Property; and iv. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 19 of 30 24. Acceptance. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed for which no goods or services were exchanged or provided. 25. General Provisions. A. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. B. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. C. Waiver of Defenses. Grantor hereby waives any defense of laches, estoppel or prescription and acknowledges and agrees that the one-year statute of limitation provided under C.R.S. § 38-41-119 does not apply to this Easement, and Grantor waives any rights of Grantor pursuant to such statute. D. Controlling Law and Liberal Construction. The provisions of this Easement are subject to the laws of the United States and the State of Colorado as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder. The provisions of this Easement are to be liberally construed in favor of the Purpose, and any ambiguities or questions regarding the validity of specific provisions shall be interpreted in favor of maintaining the Purpose. Any decisions resolving such ambiguities or questions shall be documented in writing. E. Counterparts. The Parties may execute this instrument in two or more counterparts which shall, in the aggregate, be signed by all Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it; all counterparts, when taken together, shall constitute this Deed. F. Amendment. If circumstances arise under which the Parties each agree in their respective sole discretion that an amendment to or modification of this Deed would be appropriate, Grantor and Grantee may mutually amend this Deed; provided that no amendment shall result in private inurement for a Board member, staff or contract employee of the Parties, or affect the qualifications of this Easement under CRS 38-30.5- 101 et seq. or be inconsistent with the preservation and protection of the Conservation Values set forth herein. Any amendment must be in writing, signed by both Parties, and recorded in the official records of Eagle County, Colorado. G. Entire Agreement. This Deed sets forth the entire agreement of the Parties with respect to the terms of this Easement and supersedes all prior discussions, EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 20 of 30 negotiations, understandings, or agreements relating to the terms of this Easement, all of which are merged herein. 26. Development Rights. For purposes of this Easement, “Development Rights” are defined as all present or future rights to (i) construct, place, replace, enlarge, maintain or repair any improvements on the Property; or (ii) receive credit for density for development on or off the Property; but not including any rights expressly reserved to Grantor in this Easement, including but not limited to the right to construct Improvements in Sub-Section 5.A. and the rights set forth in any easements, rights-of-way or other interests of recorded as of the date of recording this Deed. 27. Recording. Grantor shall record this Deed in timely fashion in the official real property records of Eagle County, Colorado, and Grantee may re-record it at any time as may be required to preserve its rights in this Easement. 28. No Third Party Enforcement. This Deed is entered into by and between Grantor and Grantee and does not create rights or responsibilities for the enforcement of the terms of this Deed in any third parties, other than the County, except as expressly reserved herein. 29. Joint and Several Liability. If Grantor at any time owns the Property in joint tenancy or tenancy in common, Grantor shall be jointly and severally liable for all obligations set forth in this Easement. 30. Ownership by Single Entity Consisting of Multiple Parties. If Grantor at any time is an entity which consists of shareholders, partners or members, such Grantor entity is required to include in its operating agreement, bylaws or other documents setting forth the rights and responsibilities of the entity, the right to assess or to otherwise collect payment from such shareholders, partners or members for any monetary or other obligations set forth in this Easement. Grantor shall provide a copy of such documentation at any time upon Grantee’s request. 31. Environmental Attributes. Grantor hereby reserves all Environmental Attributes associated with the Property. “Environmental Attributes” shall mean any and all tax or other credits, benefits, renewable energy certificates, emissions reductions, offsets, and allowances (including but not limited to water, riparian, greenhouse gas, beneficial use, and renewable energy), generated from or attributable to the conservation, preservation and management of the Property in accordance with this Easement. Nothing in this Section 30 shall modify the restrictions imposed by this Easement or otherwise impair the preservation and protection of the Conservation Values. 32. Annual Appropriation. To the extent that any financial obligation of this Deed is subject to the multiple fiscal year obligations as set forth in Article 10 of the Colorado Constitution or C.R.S. § 29-1-110, such obligation may be subject to annual appropriation by Grantor. The foregoing is not an agreement or an acknowledgement by either Grantor or Grantee that any financial obligation which could arise pursuant to this Deed would be subject to EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 21 of 30 the requirement that funds for such financial obligation must be appropriated by Grantor. Nothing in this Deed shall be deemed to be a waiver of any rights that Grantee may have pursuant to C.R.S. § 13-60-101. Nothing in this Section 31 shall prevent Grantee from enforcing this Deed in accordance with its terms, despite a failure by Grantor to appropriate funds. 33. Authority to Execute. Each party represents to the other that such party has full power and authority to execute and deliver this Deed, and perform its obligations under this Easement, that the individual executing this Deed on behalf of said party is fully empowered and authorized to do so, and that this Deed constitutes a valid and legally binding obligation of said party enforceable against said party in accordance with its terms. 34. Mediation of Disputes. If Grantee or Grantor has an enforcement dispute as set forth in Section 9, or if Grantee denies a request by Grantor for approval pursuant to Section 18, Grantor may appeal Grantee’s decision by requesting mediation with Grantee in a written notice to Grantee. Within ten (10) working days of the receipt of such request, the Parties shall select a trained, and impartial mediator with experience in conservation easements and other land preservation tools. Mediation shall then proceed in accordance with the following guidelines: A. Purpose. The purpose of the mediation is to: (i) promote discussion between the Parties; (ii) assist the Parties to develop and exchange pertinent information concerning the issues in dispute; and (iii) assist the Parties to develop proposals which will enable them to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the terms, conditions, or restrictions of this Easement. B. Participation. The Parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator. Representatives of the Parties with settlement authority will attend mediation sessions as required by the mediator. C. Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the Parties or their respective counsel. The mediator shall not be subject to subpoena by any Party. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceedings or construed as an admission of a Party in accordance with Colorado Rules of Evidence, Rule 408. D. Time Period. Neither Party shall be obligated to continue the mediation process beyond a period of sixty (60) days from the date of receipt of the initial request or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. E. Costs of Mediation. Each Party shall pay its own costs associated with mediation, except that Grantor and Grantee shall share the cost of the mediator. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 22 of 30 35. Force Majeure. Grantor shall not be obligated to send any prior notice to Grantee, and Grantee shall not be entitled to bring any action against Grantor, with respect to any prudent, good faith activity undertaken by Grantor to prevent, abate, or mitigate injury to the Property immediately before, during, or immediately following fire, flood, storm, earth movement, acts of war, and similar causes beyond the control of Grantor. Grantor will promptly inform Grantee of injury to the Property caused by such events or actions. 36. Effective Date. The “Effective Date” of this Deed shall be the date of its recording in the Eagle County Clerk and Recorder’s Office. 37. Pre-Approval. Nothing herein shall be construed as an approval or pre-approval by the County, in its governmental capacity, of any land use application, right or privilege desired by Grantor. TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: TOWN OF AVON, a Colorado municipal corporation a/k/a Town of Avon, Colorado By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this day of December, 2016, by ___________________, as _______________________ of the Town of Avon, a Colorado municipal corporation a/k/a Town of Avon, Colorado. Witness my hand and official seal. My commission expires: ____________________________ _______________________________ Notary Public EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 23 of 30 GRANTEE: EAGLE COUNTY, COLORADO by and through its Board of County Commissioners By: Jeanne McQueeney, Chair STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _____ day of December, 2016, by Jeanne McQueeney, Chair of Eagle County Board of County Commissioners. Witness my hand and official seal. My commission expires: _______________________ ____________________________ Notary Public EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 24 of 30 EXHIBIT A TRACT “B” A parcel of land Located in Tract B, described in the final subdivision plat – Amendment No. 4 Benchmark at Beaver Creek of Sections 1 and 2, T5S, R82W of the 6th P.M., in Eagle County, Colorado. LEGAL DESCRIPTION All that part of Tract B, Block 1, in A Resubdivion of Lots 5,52,53,54,55,56,57,69 & Tracts B,S,T,U,X, and a portion of Tract C – Block 1, A Specially Planned Area Town of Avon, Eagle County, Colorado described in Final Subdivision Plat – Amendment No. 4 Benchmark at Beaver Creek Eagle County Colorado recorded June 05, 1982, in Book 337 at Page 367 as Reception No. 233719 of the records of Eagle County, State of Colorado, described as follows: Beginning at the Northeast Corner of the NW 1/4 of the SE 1/4 of said Section 1, from which the C 1/4 of said Section 1 bears N 89° 49’ 33” W 1336.90 feet (Basis of Bearing), thence S 00° 19’ 33” E 400.00 feet along the East Line of said NW 1/4 of the SE 1/4 of said Section 1; Thence leaving the East Line of said NW 1/4 of the SE 1/4, S 38° 27’ 09” W 1690.76 feet to the most Northerly Corner of Lot 5 of said Amendment No. 4; Thence S 61° 33’ 13” W 225.43 feet along the Westerly Line of said Lot 5 to an angle point; Thence continued along said Westerly Line of Lot 5, S 43° 01’ 31” W 260.00 feet to an angle point; Thence S 59° 08’ 32” W 23.55 feet along said Westerly Line of Lot 5 to the Northeasterly Corner of Lot 51 of said Amendment No. 4; Thence leaving said Westerly Line of Lot 5, N 75° 58’ 23” W 152.36 feet along the Northerly Line of said Lot 51 to the Northeasterly Corner of Lot 50 of said Amendment No. 4; Thence N 37° 22’ 48” W 140.00 feet along the Northerly Line of said Lot 50 to the Northeasterly Corner of Lot 49 of said Amendment No. 4; Thence N 52° 40’ 07” W 298.27 feet along the Northerly Line of said Lot 49 and Lot 48 of said Amendment No. 4 to the Northwesterly Corner thereof; Thence along the Westerly Line of said Lot 48, S 55° 05’ 28” W 320.00 feet to the Northerly right of way of Nottingham Road; Thence N 79° 54’ 32” W 179.84 feet along said Northerly right of way of Nottingham Road to the Southeast Corner of Lot 47 of said Amendment No. 4; Thence N 01° 44’ 47” E 41.13 feet along the Easterly Line of said Lot 47 to the Northeasterly Corner thereof; Thence N 79° 54’ 32” W 930.00 feet along the North Line of Lots 47 and 46 to the Northwesterly Corner of Lot 46 of said Amendment No. 4; EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 25 of 30 Thence leaving said Northerly Lot 46 of said Amendment No. 4, N 84° 17’ 19” W 172.00 feet to the Northeasterly Corner of Lot 45 of said Amendment No. 4; Thence along the North Line of said Lot 45 and Lot 44, N 82° 33’ 34” W 397.14 feet to the Northeasterly Corner of Lot 43 said Amendment No. 4; Thence along the North Line of said Lot 43 to the most Northerly point of said Lot 43, N 52° 47’ 39” W 95.53 feet; Thence leaving said North Line of Lot 43, S 73° 55’ 27” W 113.22 feet to the Northeasterly Corner of Lot 70A of said Amendment No. 4; Thence along the North Line of said Lot 70A and Lot 70 of said Amendment No. 4, N 88° 57’ 53” W 499.24 feet to the Northwesterly Corner of said Lot 70; Thence S 34° 57’ 08” E 40.25 feet along the Westerly Line of said Lot 70 to the Northeasterly Corner of Lot 42 of said Amendment No. 4; Thence S 80° 32’ 44” W 155.00 feet along the North Line of said Lot 42 to the Northwesterly Corner thereof; Thence leaving said North Line of Lot 42, S 80° 32’ 44” W 110.00 feet to the Northeasterly Corner of Lot 30 of said Amendment No. 4; Thence S 80° 32’ 44” W 399.89 feet along the North Line of said Lots 30 and 31 of said Amendment No. 4 to the Northwesterly Corner of said Lot 31; Thence leaving the North Line of said Lot 31, N 25° 04’ 26” W 436.84 feet along the Easterly Lines of Lot 32 and Lots 34 thru 36 to the Center of the SE 1/4 of said Section 2; Thence S 89° 17’ 27” E 1360.58 feet along the North Line of the SE 1/4 of the SE 1/4 to the Northwest Corner of the SW 1/4 of the SW 1/4 of said Section 1; Thence S 89° 48’ 00” E 2649.26 feet along the North Line of the S 1/2 of the S 1/2 of said Section 1 to the Northeast Corner of the SE 1/4 of the SW 1/4 of said Section 1; Thence N 00° 28’ 18” W 1324.86 feet along the West Line of the SE 1/4 to the C 1/4 of said Section 1; Thence S 89° 49’ 33” E 1336.90 feet along the North Line of the SE 1/4 of said Section 1 to Northeast Corner of the NW 1/4 of the SE 1/4 of said Section 1 and the POINT OF BEGINNING. Total Area = 72.7048 acres, more or less. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 26 of 30 EXHIBIT B TRACT “C” A description of Tract C, described in the Final Subdivision Plat – Amendment No. 4 Benchmark at Beaver Creek of Sections 1 and 12, T5S, R82W of the 6th P.M., in Eagle County, Colorado. LEGAL DESCRIPTION All of Tract C, as shown in A Resubdivision of Lots 67, 68 and a portion of Tract C, Block 1, Town of Avon, Eagle County, Colorado described in Final Subdivision Plat – Amendment No. 4 Benchmark at Beaver Creek Eagle County Colorado recorded November 05, 1982, in Book 348 at Page 296 as Reception No. 244637 of the records of Eagle County, State of Colorado. Total Area = 24.64 acres, more or less. EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 27 of 30 EXHIBIT C (Map of portion of Tract B) EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 28 of 30 EXHIBIT D (Map of portion of Tract C) EXHIBIT A: DEED OF CONSERVATION EASEMENT Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 29 of 30 EXHIBIT E (Baseline Report) EXHIBIT A: DEED OF CONSERVATION EASEMENT DRAFT BASELINE DOCUMENTATION REPORT Avon South SideNorthside Conservation Easement Eagle County, Colorado Prepared For Town of Avon and Eagle County Open Space Prepared By Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 November 15December 5, 2016 Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 i Rare Earth Science, LLC TABLE OF CONTENTS ATTESTATION ........................................................................................................................... ii PREPARER CERTIFICATION STATEMENT ............................................................................. iii CONTACTS & BASIC INFORMATION SUMMARY ................................................................... iv 1 INTRODUCTION ................................................................................................................ 1 1.1 Methods .................................................................................................................. 1 1.2 Property Setting & Description ................................................................................ 2 1.3 Historic & Current Land Use .................................................................................... 3 1.4 Conservation Context .............................................................................................. 3 1.5 Directions to the Property ........................................................................................ 3 1.6 Summary of the Property’s Conservation Values .................................................... 4 2 PHYSICAL CHARACTERISTICS OF THE PROPERTY ..................................................... 5 2.1 Existing Improvements & Other Features ................................................................ 5 2.2 Geology, Topography, & Soils ................................................................................. 6 2.3 Surface Hydrology ................................................................................................... 6 2.4 Vegetation ............................................................................................................... 6 3 LAND USE & MANAGEMENT PRACTICES ....................................................................... 7 3.1 Trails & Roads ......................................................................................................... 7 3.2 Weeds & Weed Control ........................................................................................... 7 3.3 Minerals .................................................................................................................. 8 4 OPEN SPACE .................................................................................................................... 8 4.1 Scenic Characteristics ............................................................................................. 8 4.2 Significant Public Benefit ......................................................................................... 8 4.3 Consistency with Government Policy ...................................................................... 9 5 RELATIVELY NATURAL HABITAT....................................................................................12 5.1 Habitat for Threatened, Endangered, or Special Concern Species .........................12 5.2 Game Habitat .........................................................................................................12 5.3 Habitat for Other Wildlife ........................................................................................13 6 PUBLIC RECREATION OR EDUCATION OPPORTUNITIES ............................................14 7 REFERENCES ..................................................................................................................14 FIGURES (Following Main Text) 1. Regional & Local Locator Maps 2. Topographic Map 3. Aerial Photograph & Photopoint Locations 4. Improvements, Features & Vegetation 5. Geologic Map 6. Soils Map 7. Bald Eagle & Black Bear Ranges 8. Elk & Mule Deer Ranges DOCUMENTARY PHOTOGRAPHS (Following Figures) Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 ii Rare Earth Science, LLC ATTESTATION AVON SOUTH SIDENORTHSIDE CONSERVATION EASEMENT EAGLE COUNTY, COLORADO In compliance with Title 26 of the Internal Revenue Code [§1.170A-14(g)(5)], and to the best of my knowledge, this Baseline Documentation Report, including text, maps, and photographs, is an accurate representation of the Avon South SideNorthside Conservation Easement property at the time of the conveyance of the conservation easement. The conservation values include open space, relatively natural habitat, and recreation or education opportunities for the public. ___________________________________________ _______________ Town of Avon, GRANTOR Date Name ______________________________________ Title _______________________________________ ___________________________________________ _______________ Eagle County, Colorado, GRANTEE Date Name ______________________________________ Title ________________________________________ Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 iii Rare Earth Science, LLC PREPARER CERTIFICATION STATEMENT AVON SOUTH SIDENORTHSIDE CONSERVATION EASEMENT EAGLE COUNTY, COLORADO We, the undersigned, prepared this Baseline Documentation Report in accordance with Title 26 of the Internal Revenue Code [§1.170A-14(g)(5)]. To the best of our knowledge, this update, including text, maps, and photographs, is an accurate representation of the property at the time of the conveyance of the conservation easement. We certify that Rare Earth Science, LLC, is a qualified provider of conservation easement due diligence. Our principal biologist has prepared baseline documentation reports for more than 250 conservation easement projects in Colorado and New Mexico, and is familiar with the natural resources of the region. Other relevant project experience includes rare plant surveys in several western Colorado counties, co-authorship of Colorado Sagebrush: A Conservation Assessment and Strategy (prepared for the Colorado Division of Wildlife in 2005), and a Migratory Bird Status Literature Review (prepared for the Uncompahgre Field Office of the U.S. Bureau of Land Management in 2009). Our principal biologist earned a Bachelor of Science degree in Biological Sciences from Stanford University in 1988 and has more than 25 years of experience in consulting practice, with a focus on land conservation projects since 2004. Our staff biologist earned a Bachelor of Arts degree in Biology from the University of New Mexico in 2003 and has assisted with the preparation of more than 50 baseline documentation reports for properties across Colorado. 12/5/16 __________________________________ __________________ Hilary E. Watts, Staff Biologist Date Rare Earth Science, LLC 12/5/16 __________________________________ __________________ Dawn R. Reeder, Principal Biologist Date Rare Earth Science, LLC Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 iv Rare Earth Science, LLC CONTACTS & BASIC INFORMATION SUMMARY CONSERVATION EASEMENT NAME Avon South SideNorthside GRANTOR Town of Avon 1 Lake Street PO Box 975 Avon, Colorado 81620 (970) 748-4000 GRANTEE Eagle County PO Box 850 Eagle, Colorado 81631 Contact: Toby Sprunk, Eagle County Open Space BASELINE DOCUMENTATION REPORT PREPARER Rare Earth Science, LLC PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 dawn@rareearthscience.com ACREAGE Approximately 96.5 acres EAGLE COUNTY PARCEL NUMBERS: 2105-014-01-004 and 2105-014-02-018 ZONING Zoned as “Open Space, Landscaping and Drainage” by the Town of Avon PHYSICAL LOCATION: Part of the SE1/4 of Section 2, the S1/2 of Section 1, and the NE1/4 of Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, County of Eagle, State of Colorado LEGAL DESCRIPTION See Exhibit A of the Deed of Conservation Easement. BUILDING ENVELOPE No residential development will be permitted on the conservation easement. Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 1 Rare Earth Science, LLC 1 INTRODUCTION Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to maintain land “in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest, or other use or condition consistent with the protection of open land, environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value” [CRS §38-30.5-102]. Toward these ends, the Town of Avon (“grantor”), is conveying a conservation easement on approximately 96.5 acres of land (“Avon South SideNorthside conservation easement” or “property”) in Eagle County (“grantee”). The parties agree that the principal purpose of the conservation easement will be to protect and preserve the property’s conservation values: open space, relatively natural habitat, and recreational or educational opportunities for the public. This report serves as baseline conditions documentation for the property. As such, this report is intended to provide evidence of the property’s conservation values, and to provide the grantee with a description of the existing conditions on the property at the time of the conservation easement conveyance, so that changes to the land can be monitored over time, especially those changes that may affect its conservation values. This report is intended to benefit all involved parties and will be used by the grantee to assure that any future changes on the property are consistent with the terms of the Deed of Conservation Easement (CE Deed). However, this report is not intended to preclude the use of other evidence to establish the condition of the property at the time of the conservation easement conveyance. The accuracy of this report is acknowledged by the grantor and grantee at the time of the conservation easement conveyance. This report consists of narrative text, with figures and documentary photographs following the text. Figure 1 shows the regional setting of the property and its conservation context. Figure 2 shows the topography of the property and surrounding area. Figure 3 provides an aerial overview of the property and a key to documentary photograph locations. Figure 4 shows the locations of improvements, important features, and vegetation communities on the property. Figures 5 and 6 present geology and soils information, respectively, and Figures 7 and 8 map the ranges of selected wildlife species. A list of global positioning system (GPS) coordinates for the locations of documentary photographs is included at the beginning of the documentary photograph section. 1.1 Methods Methods of baseline documentation included a field visit to the property on October 19, 2016, by Dawn Reeder (Principal Biologist, Rare Earth Science), review of information provided by the grantee, and research of available publications and other relevant documents, as cited. The contents of this report satisfy the documentation requirements of the U.S. Internal Revenue Service Code at §1.170A-14 and the conservation easement due diligence requirements of the grantee, and generally follow standards and practices recommended by the Land Trust Alliance (Hamilton 2008). Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 2 Rare Earth Science, LLC Mapping for this document was created using Esri® geographic information systems (GIS) software, ArcGIS 10.4.1™ and a recreational-grade handheld GPS unit. Base maps consist of the local U.S. Geological Survey (USGS) 7.5-minute topographic quadrangle and National Agricultural Imagery Program (NAIP) aerial photography digital mosaics available for public download through the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) or from the Esri online server. The parcel boundary shown on the figures in this report were mapped using a GIS shapefile provided by the Eagle County GIS Department. This boundary should not be considered a survey, but rather, a representational sketch. Data resources used to create regional mapping, geology and soils mapping, and wildlife range maps are cited on the figures themselves. The photopoint map was created by mapping GPS waypoints marked at documentary photograph locations. The improvements mapping was created by interpreting recent aerial photographs and by mapping GPS waypoints of point features and tracks of linear features on the property. Consequently, the improvements map must not be considered a survey of improvements, but rather a simple inventory sketch. Vegetation communities were mapped by interpreting a recent aerial photograph, combined with a walkabout survey of the property. It should be noted that vegetation mapping boundaries cannot accurately represent the intergrade between plant communities. Plant scientific nomenclature generally follows Weber and Wittmann (2001; 2012) and Whitson (2000). It was not within the scope of this report to review boundary adjustments, miscellaneous easements, or rights-of-way, whether recorded or unrecorded, for accuracy or applicability to the conservation easement conveyance. 1.2 Property Setting & Description The Avon South SideNorthside conservation easement is a total of approximately 96.5 acres lying north of Interstate 70 and north of the Town of Avon in Eagle County, Colorado (Figure 1). A complete legal description of the conservation easement is provided in the Deed of Conservation Easement (CE Deed). See the Contacts & Basic Information Summary in the front matter of this report for further information identifying the property. The property is situated in the Southern Rocky Mountains physiographic province in the foothills of the Gore Range in the greater Colorado River Basin. The area is characterized by steep river valleys and terraces flanked by high foothills and mountains. Typical of Colorado’s western slope, winters are relatively cold and snowy and summers are relatively warm and dry. The property consists of two parcels along the lower slopes of the foothills that rise toward Red and White Mountain (Figures 2, 3, and 4). The west parcel is approximately 71.9 acres between Metcalf Creek and Buck Creek. Nottingham Road and multi-unit residential developments bound the parcel to the south, and commercial properties along Metcalf Road bound the parcel on the west. Buck Creek Road parallels much of the east boundary of the west parcel. The east parcel is approximately 24.6 acres between Buck Creek and Swift Gulch. Swift Gulch Road bounds the east parcel on the southwest. On the northwest, lands owned by Walking Mountains Science Center in the Buck Creek drainage adjoin the east parcel, including a pending conservation easement (Figures 2, 3, and 4). Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 3 Rare Earth Science, LLC The property features sagebrush and mixed mountain shrublands and a conifer forest in natural condition at an average elevation of approximately 7,800 feet above mean sea level (Figure 2). The property is undeveloped open space. Improvements on the property include overhead powerlines, primitive powerline access roads, and stormwater basins (these items are described in Section 2). No residential dwellings are present on the property, nor will they be permitted on the property by the CE Deed. Documentary photographs showing the property’s improvements and important features follow the figures after the text of this report. The locations of the photographs are keyed to Figure 3, and improvements and other features are mapped on Figure 4. 1.3 Historic & Current Land Use Historic uses of the property have included livestock range, wildlife habitat, and recreational activities, such as ATV travel, hunting, hiking, bicycling, and horseback riding. A high-voltage power alignment crosses the west parcel, along with its respective access road. Currently, a few social the(undeveloped, unofficial) trails on the west parcel of the property appear to be used by local residents for non-motorized recreation. 1.4 Conservation Context The property adjoins privately owned lands or roads on all sides. The east parcel adjoins the pending Walking Mountains conservation easement along Buck Creek, and both parcels adjoin the Mountain Star conservation easement held by the Town of Avon (Figures 2 and 4). All other adjacent lands are in residential duplex or light industrial or commercial zones or zoned for planned unit development or planned unit development open space. The property provides open space near the Town of Avon and important passive recreation opportunities for local surrounding residential subdivisions. On a landscape scale, the position of the conservation easement will protect the scenic value and natural, open character of lands around the Town of Avon in the Eagle Valley, and will contribute to the protection of wildlife habitat and big game migration areas from incompatible uses or inappropriate development in the future. 1.5 Directions to the Property The property can be accessed from the Town of Avon as follows (see Figure 4): • From the traffic circle at the intersection of Avon Road and Benchmark Road in Avon, travel north on Avon Road approximately 0.5 mile to a traffic circle to reach Nottingham Road. • To reach the east parcel, head northwest (left) on Nottingham Road from the traffic circle and proceed to the Swift Gulch Road intersection. Turn right on Swift Gulch Road and proceed about 300 feet to the west corner of the east parcel. The east parcel can also be reached on foot from Walking Mountains Science Center. Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 4 Rare Earth Science, LLC • To reach the lower part of the west parcel, head northwest on Nottingham Road from the traffic circle. The lower part of the west parcel is on the north (right) side of the road behind the residences. • To reach the upper part of the west parcel, head northwest on Nottingham Road from the traffic circle for about 0.3 mile to Buck Creek Road on the right (north). Turn right on Buck Creek Road and the upper part of the property will lie to the left (west) for about 2,000 feet. Continue up Buck Creek Road (becomes Mountain Star Drive) for about 1.3 miles from the Nottingham Road intersection to reach the west parcel’s north boundary. 1.6 Summary of the Property’s Conservation Values The purpose of the conservation easement conveyance on the property is to preserve, in perpetuity, the following conservation values: 1. Open space. The property possesses the characteristics of open space delineated at §1.170A-14(d) in that its preservation will provide scenic enjoyment to the general public, is pursuant to clearly delineated public policies, and will yield a significant public benefit. The property features a mosaic of natural vegetation communities across dramatic topography, which adds to the scenic character, openness, and variety of the local rural landscape. The property is visible from Interstate-70 and from many other public roads around the Town of Avon, including Buck Creek Road, Nottingham Road, Mountain Star Drive, Swift Gulch Road, Avon Road, and Metcalf Road. From public roads, which are utilized year-round by citizens of Eagle County and the State of Colorado, travelers also enjoy unobstructed scenic views across the property of the Eagle Valley, as well as views of the foothills and/or peaks of the Gore and Sawatch Mountain Ranges on the White River National Forest. The conservation easement on the property will also help conserve scenic natural beauty for the Town of Avon and its relatively high density residential subdivisions. Preservation of open space, including scenic lands, is supported by state, county, and local governmental policies, and brings significant benefit to the public, because development of the property into residential parcels would likely lead to or would contribute to the degradation of the scenic character of the area. The Eagle County Comprehensive Plan supports the preservation of scenic open space using conservation easements. 2. Relatively natural habitat. The property supports native sagebrush and mixed mountain shrublands and a subalpine conifer forest that provide forage, cover, breeding habitat, and migration corridors for a variety of wildlife species, including migratory songbirds, raptors, small mammals, and big game. The property lies in summer and winter range for elk and mule deer. The property encompasses part of winter concentration area and a severe winter area for elk, and lies within a major migration area for mule deer. These big game species contribute significantly to the biodiversity and the region and to the economy through hunting revenues. The Eagle County Comprehensive Plan states that the well-being of wildlife species of economic importance should be protected, and that development in areas critical to the continued well-being of Eagle County’s wildlife populations should not be allowed. 3. Public recreation or education opportunities. Passive recreation will be allowed on the property in accordance with the terms of the conservation easement. The property is important to the quality of life of the local residents of the Town of Avon because it Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 5 Rare Earth Science, LLC provides recreational opportunities in a natural and scenic setting close to an area with relatively high housing density. The property will also be available for education opportunities for the public, such as instructional hikes for local and regional school children or naturalist groups (e.g., at the nearby Walking Mountains Science Center). 2 PHYSICAL CHARACTERISTICS OF THE PROPERTY 2.1 Existing Improvements & Other Features The bulleted paragraphs of this section describe improvements and other features on the property. The appearances of the features are shown in the documentary photographs (following the figures after the main text), whose locations are keyed to Figure 3. Figure 4 maps their locations. •Trails and roads. Several social trails (undeveloped, user-proliferated trails) lead from residential areas to the south across the west parcel of the property. to the Mountain Star conservation easement to the north (social trails are not mapped in this report). Two primitive roads or old roads related to the utility lines were observed on the west parcel. On the upper part of the west parcel, an old road cut for powerline access leads from Buck Creek Road onto the parcel, then traverses up slope to meet the power alignment to the northwest (Photopoints 1, 2, and 5). Along the south boundary of the west parcel is an old access road for the local utility corridor (Photopoints 18 and 21). The road is narrow and revegetated in places, and is currently used as a local (unofficial, undeveloped) foot trail. •Fences. No functional fences were observed on the property (except for a potentialencroaching chain-link fence from an adjoining commercial property, explained under “encroachments” below). Short segments of dilapidated barbed wire fencing were observed on or near the south boundary of the west parcel. •Utilities. A regional overhead high-voltage powerline alignment (Photopoints 1, 2, 5, and 6) and a buried utility corridor (Photopoint 7) extend across the upper part of the westparcel. In the lower part of the west parcel, a local utility corridor exists along the south and west boundaries. The lower utility corridor contains overhead utilities (Photopoints 18, 21 and 23) and may also contain buried utilities. No utilities were observed on theeast parcel of the property. •Stormwater basins. Several small stormwater retention basins (Photopoints 16 and 19)exist along the south boundary of the west parcel to capture and dissipate energy of stormwater flow from the slopes and draws of the parcel, to protect structures and land south of the parcel from erosion. •Encroachments and disturbances. A potential encroachment on the west boundary of the west parcel is present where a chain-link fenced parking area appears to lie partiallyon the west parcel (Figure 4 and Photopoint 24). A disturbed area in the upper part of the west parcel appears to have been created for a high-voltage powerline stanchion(but then was not used for that purpose). Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 6 Rare Earth Science, LLC 2.2 Geology, Topography, & Soils The property lies in the rugged, high-elevation terrain of the Southern Rocky Mountains physiographic province, which is characterized by cliffs, canyons and gulches cut in gently- dipping to broadly-folded sedimentary rocks of Pennsylvanian to Cretaceous age. The topography and geology of this area were influenced by several major structural elements in western Colorado, including the Gore Range to the east-northeast, the White River Uplift and Flat Top Mountains to the west-northwest, and the Sawatch Range to the south. This area is located within the structural Eagle Basin, which is primarily a Pennsylvanian-aged depositional trough located in a structurally complex area east of the larger Piceance Basin. The property is comprised primarily of Eagle Valley Formation (Map Unit Pe) and Gravels and Alluviums (Map Unit Qg). A map of the generalized geologic units occurring in the vicinity of the property is provided on Figure 5. The property consists of two irregularly-shaped parcels along the lower slopes of the foothills that rise north toward Red and White Mountain in the Gore Range (Figures 2, 3, and 4). The property’s topography consists of moderately to relatively steeply sloped hills and draws, at an average elevation of approximately 7,800 feet above mean sea level (Figure 2). The USDA’s NRCS Web Soil Survey (http://www.websoilsurvey.nrcs.usda.gov/app/) of the Aspen-Gypsum Area, Parts of Eagle, Garfield, and Pitkin Counties, Colorado, identifies seven soil types on the property, including the dominant map units: Torriorthents-Camborthids-Rock outcrop complex, 6 to 65 percent slopes (Map Unit 104, approximately 4849 percent of the property); Vandamore channery sandy loam, 25 to 65 percent slopes (Map Unit 111, approximately 26 percent the property’s acreage); Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes (Map Unit 55, approximately 16 percent of the property), and Yamo loam, 12 to 25 percent slopes (Map Unit 116, approximately 87 percent of the property). The mapped soil units are shown on Figure 6. 2.3 Surface Hydrology There are no perennial or seasonal surface water features on the property. Surface drainage across the property is overall from north to south. Several steep draws cut north-south through the west part of the west parcel, and stormwater drainage from these draws is captured in small stormwater basins (Photopoints 16 and 19) near the parcel’s south boundary to protect against erosion around downgradient residential buildings. No irrigation infrastructure or other surface water features were observed on the property. 2.4 Vegetation The vegetation communities found on the property are listed and briefly described in paragraphs below (in decreasing order of prevalence), and mapped on Figure 4. The vegetation map was created by interpreting a recent aerial photograph, combined with a walkabout survey of the property. • Sagebrush-mixed mountain shrubland (approximately 91 percent of the property; Photopoints 1, 5, 6, 9, 12, 13, 16, and 24). Most the property can be characterized as a mosaic of sagebrush (Artemisia tridentata) shrublands and mixed mountain shrublands. The sagebrush component was typically dominant on gentler slopes, hilltops and toe Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 7 Rare Earth Science, LLC slopes, whereas the mountain shrub component was more dominant on the steeper, more exposed slopes. The mountain shrub component contained snowberry (Symphoricarpus rotundifolius), serviceberry (Amelanchier utahensis), mountain mahogany (Cercocarpus montanus), and antelope bitterbrush (Purshia tridentata), as well as sagebrush. Also observed were rabbitbrush (Chrysothamnus viscidiflorus), fringed sage (Artemisia frigida), and winterfat (Krascheninnikovia lanata). Common juniper (Juniperus communis), and an occasional Rocky Mountain juniper or Utah juniper (Juniperus scopulorum and J. osteosperma), were scattered throughout. Native herbaceous plants in the understory included western wheatgrass (Pascopyrum smithii), needle-and-thread (Hesperostipa sp.), Indian ricegrass (Achnatherum hymenoides), junegrass (Koeleria macrantha), mule ears (Wyethia amplexicaulis), pussy toes (Antennaria sp.), and lupine (Lupinus sp.). Nonnative understory plants included common mullein (Verbascum Thapsus), crested wheatgrass (Agropyron cristatum), smooth brome (Bromus inermis), and fowl bluegrass (Poa palustris). In general, the sagebrush-mixed mountain shrublands were in good condition across the property, with all age classes of shrubs and a diversity of desirable herbaceous vegetation. Shrub canopy cover varied from 10 to 50 percent. •Mixed conifer forest (approximately 7 percent of the property; Photopoints 8, 10, and 11). The northwest-facing slope on the east parcel has a stand of mature Douglas fir (Pseudotsuga menziesii) and a few Rocky Mountain juniper (Juniperus scopulorum),with a mixed mountain shrub understory. •Aspen stand (approximately 1 percent of the property; Photopoints 8, 10, and 11). A fewsmall aspen (Populus tremuloides) stands will small stature trees were present on the east parcel, near Buck Creek. Understory shrubs included snowberry, serviceberry, rabbitbrush, and sagebrush. •Cottonwood stand (approximately 1 percent of the property). A small stand of narrowleaf cottonwood (Populus angustifolia) was present alongside Buck Creek Road in the lowerpart of the west parcel. 3 LAND USE & MANAGEMENT PRACTICES The land is currently managed as open space by the Town of Avon. 3.1 Trails & Roads The property is currently managed as public land without official recreational trail access. Several social (undeveloped, user-proliferated) trails lead from residential areas to the south across the west parcel of the property. into the Mountain Star conservation easement (social trails are not mapped in this report). Similar public access is anticipated to continue after the conservation easement conveyance. Primitive or old roads related to the utility lines on the property did not appear to have been recently used or maintained. 3.2 Weeds & Weed Control State-listed noxious weeds (USDA NRCS 2016) observed on the property at the time of the baseline field visit included musk thistle (Carduus nutans). Musk thistle was present along the Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 8 Rare Earth Science, LLC powerline access road in the upper part of the west parcel, and at the west property boundary where occupied commercial lands adjoin the property. Noxious weeds did not appear to be a serious management issue on the property at the time of the field visit. Other weeds on the property included horehound (Marrubium vulgare) in some areas along the south boundary of the west parcel, and houndstongue (Cynoglossum officinale), kochia (Bassia sp.), tall tumblemustard (Sisymbrium altissimum), and lambsquarters (Chenopodium album) in the stormwater catchment basins. Cultivar grasses such as smooth brome, crested wheatgrass (Agropyron cristatum), and intermediate wheatgrass (Agropyron intermedium), were present along the powerline access road in the upper part of the west parcel and in the stormwater catchment basins in the lower part of the west parcel. Such non-native plants are typical and widespread near development in Eagle County and are not considered to be directly harmful to wildlife or pets. 3.3 Minerals The subsurface mineral rights on the property are wholly owned by the grantor. No evidence of past or present surface or subsurface mining was observed during the baseline field visit. 4 OPEN SPACE The property provides scenic views and open space for the benefit and enjoyment of the public (see Section 1.6 for a summary of the property’s conservation values). The open space conservation value of the property is described below and depicted in the documentary photographs following the main text of this report. Documentary photographs were taken at the photopoints shown on Figure 3. 4.1 Scenic Characteristics The property possesses scenic characteristics (see the attached photopages). The property’s aesthetically-pleasing and harmonious array of shapes and textures created by its shrublands, forests, and dramatic topography provide scenic enjoyment to the public, and contribute to the openness and variety of the overall landscape in the region. A large portion of the property is visible from Interstate-70 and from many other public roads around the Town of Avon, including Buck Creek Road, (Photopoints 7, 9, and 14), Nottingham Road, (Photopoints 17, 20, and 22), Mountain Star Drive, (Photopoints 1 and 3), Swift Gulch Road, (Photopoints 12 and 13), Avon Road, and Metcalf Road. From these roads, which are utilized year-round by citizens of Eagle County and the State of Colorado, travelers enjoy unobstructed scenic views across the property toward the foothills of the Gore and Sawatch Mountain Ranges on the White River National Forest. 4.2 Significant Public Benefit Preservation of the property under a conservation easement will yield significant public benefit because its open space provides a) scenic enjoyment for the general public, b) wildlife habitat at the site-specific level and habitat connectivity at the landscape level (see Section 6 and Figures 7 and 8), and c) recreational opportunities and enjoyment to the general public. Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 9 Rare Earth Science, LLC Preservation of the property will continue to provide an opportunity for the general public to appreciate its scenic values, and is important for preserving regional resources with the potential to provide revenue and attract tourism to the area. A significant benefit to the public is provided by the conservation easement on the property because of the strong likelihood that development of the property would lead or contribute to degradation of the relatively natural habitat and the diminishment of the scenic and rural character of the area. Open space (including relatively natural habitat supporting big game and lands providing passive recreation opportunities) and scenic views are important resources that benefit the public by bringing significant hunting and tourism revenues to the State of Colorado and Eagle County. There is a foreseeable trend of population growth and development near the property. The Colorado State Demographer (2016) predicts that the population of Eagle County will nearly double by 2050. Eagle County encompasses the popular ski resorts of Vail and Beaver Creek, as well as a string of growing communities in the I-70 corridor including Gypsum and Eagle. Development of private properties in the Eagle Valley has accelerated in recent years. A 2004 study by the Northwest Colorado Committee of Governments indicated that 64 percent of Eagle County's economy was dependent on second homes. The property’s proximity to the I-70 corridor and world-class ski areas, and its position within the Town of Avon limits, make it an attractive development prospect. Without protection, the likelihood of the eventual development of the property, which could compromise the scenic rural character of the vicinity, is moderate to high. 4.3 Consistency with Government Policy A conservation easement on the property is supported by policy at the state and regional/local levels: • State policy. Colorado Revised Statutes (CRS) provide for the establishment of conservation easements to retain or maintain land “in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest or other use or condition consistent with the protection of open land, environmental quality or life sustaining ecological diversity […] or other use or condition consistent with the protection of open land …” [CRS §38-30.5-102]. The Colorado Wildlife and Parks and Outdoor Recreation statutes [CRS §33-1-101 and §§ 33-10-101], provide, respectively, that “It is the policy of the State of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors” and that “It is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state.” The Colorado Department of Transportation statutes [CRS §43-1-401, et seq.], provide that the "preservation and enhancement of the natural and scenic beauty of this state" are of substantial state interest. The Western Governors' Association Policy Resolution 08-21 supports "voluntary incentive-based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values." Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 10 Rare Earth Science, LLC • Regional & local policy. The Eagle County Board of County Commissioners Resolution 2016-064 – “Resolution Approving the Amendment and Restatement of Resolution No. 2003-97, Resolution Providing for the Establishment of the Eagle County Open Space Program, Citizens’ Open Space Advisory Committee and Eagle County Open Space Fund” defines open space as “an area of land that is primarily undeveloped, natural or pastoral in character, and which may possess values such as fish and wildlife habitat or migration routes; working farms and ranches; scenic landscapes and vistas; wetlands and floodplains or other riparian habitat; public access to rivers and streams or other lands open to the public; geographic or topographic formations,” etc., within and throughout Eagle County (Section 2.D.1.). The conservation easement on the property satisfies this open space definition. The Resolution provides that open space lands may be used for dispersed motorized or non-motorized recreation consistent with conservation values and “construction of trails for the purposes of public access and low impact dispersed recreation” (Section 2.D.2.). The establishment of a conservation easement on the property is also consistent with the following goals of the 2005 Eagle County Comprehensive Plan, which became effective on January 18, 2006. o Goal: The impacts of development in Eagle County are carefully monitored, and future development occurs in a manner that preserves a high quality of life, a diverse and sustainable economy, the area’s scenic beauty, a healthy natural environment and a vibrant, well designed community (3.2). o Goal: Eagle County’s infrastructure and community services support all present and future community needs and encourage efficient travel, healthy lifestyles, a stable economy and the preservation of environmental quality (3.5). o Goal: Preserve and/or enhance the quality of wildlife habitat, and the vitality of wildlife populations in Eagle County (3.7). o Goal: Development in Eagle County avoids or fully mitigates impacts to sensitive lands. Open space is preserved to the greatest degree possible, and scenic quality and cultural resources are protected (3.8). The establishment of a conservation easement on the property is consistent with policies and strategies set forth in the 2005 Eagle County Comprehensive Plan, including the following: o The integrity, quality and interconnected nature of critical wildlife habitat in Eagle County should be preserved (3.7.2.a). o The well-being of wildlife species of economic importance should be actively monitored and protected (3.7.2.b). o The well-being of wildlife species of less economic importance and those on the rare and endangered species list should be actively monitored and protected (3.7.2.c). Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 11 Rare Earth Science, LLC o Development in areas critical to the continued well-being of Eagle County’s wildlife populations should not be allowed (3.7.3.d). o Development and development patterns should preserve landscapes that include visual, historic, and archeological value (3.8.3.c). o A variety of approaches should be utilized to preserve land as open space (3.8.4.e). o Open space should be able to serve different needs in different applications (3.8.4.f). The establishment of a conservation easement on the property is consistent with goals and policies set forth in the 2006 Town of Avon Comprehensive Plan, including the following: o Goal B.2: Provide a distinct physical and visual separation between Avon and its surrounding communities that preserves the natural beauty of the surrounding mountains and the Eagle River Valley.  Policy B.2.1: Inventory, analyze and prioritize lands adjacent to the developed portions of the Town, particularly developable open space, steep slopes, drainage corridors, ridgelines, river frontage and other environmentally sensitive areas, for possible acquisition and/or preservation as open space or other public purposes in order to maintain Avon’s visual identity.  Policy B.2.4: Work with landowners to identify opportunities for conservation easements or other permanent open space protection tools. o Goal H.1: Protect Avon’s unique natural setting and its open spaces.  Policy H.1.2: Acquire or otherwise permanently protect important/significant open space. o Goal H.4: Conserve environmental resources to ensure their most efficient use. o Goal I.1: Provide an exceptional system of parks, trails, and recreational programs to serve the year-round leisure needs of area residents and visitors.  Policy I.1.2: Continue to evaluate and acquire parcels or easements for open space, trails, and recreation.  Policy I.1.5: Coordinate with Eagle County and other government and non-profit agencies in planning, protecting, and managing public open space, and in providing access and linkage opportunities. Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 12 Rare Earth Science, LLC 5 RELATIVELY NATURAL HABITAT The property features relatively natural habitat conservation values (see Section 1.6 for a summary of the property’s conservation values). The property’s native vegetation communities (Figure 4) and topographic relief (Figure 2) provide important relatively natural habitat and migration areas for a diversity of wildlife in the area. The appearance of the property’s relatively natural habitat is depicted in documentary photographs following the main text of this report. Documentary photographs were taken at the photopoints shown on Figure 3. The ranges of selected wildlife species are mapped, relative to the property, on Figures 7 and 8. 5.1 Habitat for Threatened, Endangered, or Special Concern Species The property lies within bald eagle winter range and winter foraging range, and within a few miles of an active bald eagle nest site mapped by Colorado Parks and Wildlife (CPW; Figure 7). In Colorado, bald eagles are rare summer breeders and common winter residents primarily in mountain parks and western river valleys. Eagles and other raptors use the powerline stanchions on the property for perching. The bald eagle was listed as endangered in the conterminous U.S. in 1967. Loss of habitat, shooting for feathers, and widespread use of the pesticide DDT are all thought to have contributed to the decline of this species; only 417 pairs were surveyed in the conterminous U.S. in 1963, down from several hundred thousand before the arrival of Europeans on this continent. Since domestic use of DDT was banned in 1972, bald eagle populations have increased dramatically, nearly doubling every 8 years. Approximately 6,500 pairs of bald eagles were recorded in the conterminous U.S. in 2000 (Buehler 2000). In 2001, 45 resident pairs were recorded in Colorado, up from 11 pairs in 1990. In 2007, the federal government de-listed the bald eagle; however, the bald eagle is still recognized as a State Species of Concern in Colorado (CPW 2016a). 5.2 Game Habitat The property lies within the overall ranges of game species including mule deer, elk, mountain lion, and black bear, all wild game species that are of economic importance to Eagle County and the State of Colorado, and that contribute significantly to the biodiversity of the region. • Elk. The property lies within overall range of elk (Armstrong et al. 2011). According to mapping by CPW, the property lies within summer and winter range, and partially within severe winter range, and partly in a winter concentration area centered on the Buck Creek drainage (Figure 8). Severe winter range is that part of the overall range where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of 10, and winter concentration areas are where elk densities are at least 200 percent greater than in surrounding winter range during the average five of 10 winters (CPW 2016b). The quantity and quality of elk winter range in the region is generally declining due to increasing densities of residential development in lower elevation valleys. Due to hunting revenues, elk are of significant economic importance to Eagle County and the State of Colorado, and contribute significantly to the biodiversity of the region. Approximately 44,852 elk were harvested statewide by hunters in 2015 (CPW 2015a), generating large revenues both directly and indirectly for the state (more than 221,274 hunting licenses Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 13 Rare Earth Science, LLC were issued and a total of 1,160,650 recreation days were provided). The elk population in Colorado was reduced to less than 1,000 animals in the early 1900s due to market hunting. Restoration efforts by CPW over the past several decades have resulted in a current elk population of approximately 280,000 animals statewide. • Mule deer. The property lies within the overall range of mule deer (Armstrong et al. 2011). The entire property lies within CPW-mapped mule deer summer range, winter range, and a migration corridor (Figure 8). Mule deer find good browse and cover in the property’s native vegetation communities and topographic relief. Mule deer contribute significantly to the biodiversity of the region, and due to hunting revenues, mule deer are of significant economic importance to Eagle County and the State of Colorado. In 2015, 73,539 licensed hunters harvested 34,005 deer in a total of 342,451 recreation days (CPW 2015b). The importance of mule deer habitat conservation is underscored by the fact that statewide, mule deer numbers have declined by approximately 36 percent in the past decade, and herd numbers remain about 125,000 below CPW’s population objectives. CPW identifies several factors contributing to the decline, namely Colorado’s dramatic increase in human population, which has contributed to the direct loss and degradation of mule deer habitat due to housing developments, urban and suburban sprawl, and infrastructure (CPW 2016c). Mule deer scat was observed on the property during the field visit. • Black bear. The property lies within the overall range of black bear (Armstrong et al. 2011) and within a CPW-mapped black bear summer concentration and human conflict area (Figure 7) surrounding the Avon community. The black bear is a wide-roaming species with a relatively large territory size requirement. The conservation easement will help guarantee that the property will continue to provide security and a movement corridor for black bears in the region. • Mountain lion. The property lies within the overall range of mountain lion, a wide-roaming species with a relatively large territory size requirement (Armstrong et al. 2011). Mountain lions can be expected to occur on the property occasionally, following the movements of mule deer, their primary prey. The property’s natural vegetation and topographic relief provide cover and security for mountain lions moving through the area. 5.25.3 Habitat for Other Wildlife The property provides habitat or habitat linkages for small animals with large home ranges moving across the surrounding landscape, including many shrubland-dependent neotropical songbirds whose populations are declining in all or parts of their ranges (Sauer et al. 2014). These include Brewer’s sparrow, Virginia’s warbler, and green-tailed towhee. Raptors such as golden eagle, red-tailed hawk, great-horned owl, and American kestrel hunt for abundant small prey in the area. Small mammals such as coyote, red fox, bobcat, badger, striped skunk, raccoon, cottontail, porcupine, ground squirrels, chipmunks, mice, voles, bats, and shrews are known or expected to inhabit or visit the property and utilize their habitat types (Armstrong 2011). Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 14 Rare Earth Science, LLC 6 PUBLIC RECREATION OR EDUCATION OPPORTUNITIES A few social (user-proliferated, unofficial) trails exist on the property, which are used by local residents. This use will continue under the conservation easement., and development of official trails may occur. The property’s recreational value is enhanced by its scenic open space characteristics (Section 5), and by the views it provides to recreationists of the foothills and peaks of the SawtchGore Range to the north (Photopoints 39, 40, and 41), the foothills and open space of the GoreSawatch Range to the south, local ski areas, and the Eagle Valley (Photopoints 12, 37, and 38). The property, especially the east parcel, may be used provide outdoor recreational and educational opportunities to the public, in a natural and scenic setting close to an area with relatively high housing density. The east parcel lies adjacent to the Walking Mountains Science Center, and under the conservation easement, could be incorporated into the center’s educational programs. 7 REFERENCES Armstrong, D.M., J.P. Fitzgerald, and C.A. Meany. 2011. Mammals of Colorado. 2nd Ed. Boulder, Colorado: Univ. Press of Colo. 620 pp. Buehler, D. A. 2000. Bald Eagle (Haliaeetus leucocephalus). In The Birds of North America, No. 506 (A. Poole and F. Gill, eds.). The Academy of Natural Sciences, Philadelphia, and the American Ornithologists' Union, Washington, D.C. Colorado Parks and Wildlife (CPW). 2016a. Threatened and Endangered List. http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx CPW. 2016b. GIS Species Activity Mapping Definitions. https://cpw.state.co.us/learn/Maps/CPW-Public-GIS-Species-Activities-Definitions.pdf CPW. 2015a. 2015 Elk Harvest, Hunters and Recreation Days for All Manners of Take. http://cpw.state.co.us/Documents/Hunting/BigGame/Statistics/Elk/2015StatewideElkHarvest.pdf CPW. 2015b. 2015 Deer Harvest, Hunters, and Recreation Days for All Manners of Take. http://cpw.state.co.us/Documents/Hunting/BigGame/Statistics/Deer/2015StatewideDeerHarvest.pdf Colorado State Demographer. 2016. https://gis.dola.colorado.gov/apps/demographic_dashboard/ Hamilton, J.E. 2008. Conservation Easement Drafting and Documentation. 1st Edition. Washington D.C.: Land Trust Alliance. 324 pp. Hammerson, G.A. 1999. Amphibians & Reptiles in Colorado. 2nd Ed. Boulder: Univ. Press of Colorado. 484 pp. Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 15 Rare Earth Science, LLC Kingery, H.E. (Editor). 1998. Colorado Breeding Bird Atlas. Denver: Colo. Bird Atlas Partnership & Colo. Division of Wildlife. 636 pp. Sauer, J. R., J. E. Hines, J. E. Fallon, K. L. Pardieck, D. J. Ziolkowski, Jr., and W. A. Link. 2014. The North American Breeding Bird Survey, Results and Analysis 1966 - 2013. Version 01.30.2015 USGS Patuxent Wildlife Research Center, Laurel, MD. http://www.mbr- pwrc.usgs.gov/bbs/ USDA NRCS (US Department of Agriculture, Natural Resources Conservation Service). 2016. Colorado state-listed noxious weeds. http://plants.usda.gov/java/noxious?rptType=State&statefips=08. Weber, William A. and Ronald C. Wittmann. 2001. Colorado Flora: Western Slope: A Field Guide to Vascular Plants. Third Ed. Boulder: University of Colorado Press. Weber, William A. and Ronald C. Wittmann. 2012. Colorado Flora: Western Slope: A Field Guide to Vascular Plants. Fourth Ed. Boulder: University of Colorado Press. Whitson, T.D. (Ed.) 2000. Weeds of the West. Ninth Ed. Newark: The Western Society of Weed Science, University of Wyoming, & Western U.S. Land Grant Universities Cooperative Extension Services Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 Rare Earth Science, LLC FIGURES §¨¦70 £¤6 £¤24 Townof Avon Property Other Town of Avon-owned land Conserved private land or town open space State Habitat Area State Land Board land State Land Board Public Access Program land National Forest land Highway USGS Hillshade Topographic MapSourced from Esri Online ServerEffective Scale All Locations ApproximateK 0 1 2 Miles 1:75,000 Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 1FIGURERegional & LocalLocator Maps A & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 1FIGURERegional & LocalLocator Maps AVONNORTHSIDE ! !! ^_Property Denver Grand Junction Colorado Springs STATE OF COLORADO Land ownership and conservation status from Lavender et al. 2011. COMaP v9: Colorado Ownership, Management & Protection. §¨¦70 £¤6 Mountain Star Conservation Easement Property Other Town of Avon-owned land CE in progress Walking Mountains Science Center parcels Other conserved private land National Forest land Highway USGS Hillshade Topographic MapSourced from Esri Online ServerEffective Scale All Locations ApproximateK 0 0.25 0.5 Mile 1:20,000 Land ownership and conservation status from Lavender et al. 2011. COMaP v9: Colorado Ownership, Management & Protection. Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 1FIGURERegional & LocalLocator Maps A & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 2FIGURETopographicMapAVONNORTHSIDE !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( 1 2 3 4 56 7 89 10 11 12 13 14 1516 17 1819 20 21 22 23 24 Property CE in progress Walking Mountains Science Center parcels !(Photopoint location Direction of photo(s) World Aerial Imagery (NAIP 2015)Sourced from Esri Online ServerEffective Scale All Locations ApproximateK 0 500 1,000 Feet 1:7,750 Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 FIGUREA & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 3FIGUREAerial Photograph &Photopoint Locations AVONNORTHSIDE !!!!!!!! ! !!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! DD DD D D D D W Beaver C r e e k B l v d Nottingham RoadM e t c a l f R o a d Mountain Star Drive Buck C r e e k R o a d Walki n g M o u n t a i n s L a n e S w i f t G u l c h R o a d Notti n g h a m R o a d Buck C r e e k Avo n R o a d §¨¦70 Town of Avon WalkingMountainsScienceCenter Mountain Star Conservation Easement Property CE in progress Walking Mountains Science Center parcels Road Old utility access road Regional powerline !Local overhead utility Buried utilities scar DD Chain link fence Buck Creek Stormwater basin Sagebrush-mixed mountain shrubland Mixed conifer forest Cottonwood stand Aspen stand World Aerial Imagery (NAIP 2015)Sourced from Esri Online ServerEffective Scale All Locations ApproximateK 0 500 1,000 Feet 1:7,000 Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 FIGUREA & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 4FIGUREImprovements, Features& Vegetation Communities AVONNORTHSIDE PPm Pe Pee Qg Pmb World Aerial Imagery (NAIP 2015)Sourced from Esri Online ServerEffective Scale All Locations ApproximateK 0 0.25 0.5 Mile 1:20,000 PropertyGeneralized (500K Scale) Geology PPm | Maroon Fm Pe | Eagle Valley Fm Pee | Eagle Valley Fm - evaporitic facies Pmb | Minturn and Belden Fms Qg | Gravels and alluviums Data Source: Green, G.N., 1992. TheDigital Geologic Map of Colorado inARC/INFO Format: U.S. GeologicalSurvey Open-File Report 92-0507, 9 p.http://pubs.usgs.gov/of/1992/ofr-92-0507 Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 1FIGURERegional & LocalLocator Maps A & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 5FIGUREGeologicMapAVONNORTHSIDE 111 104 104 25 40 90 55 116 116116 111 10490 PropertyWorld Aerial Imagery (NAIP 2015)Sourced from Esri Online ServerEffective Scale All Locations ApproximateK 0 500 1,000 Feet 1:9,000 25 | Cushool-Rentsac complex, 15 to 65 percent slopes 40 | Evanston loam, 25 to 45 percent slopes 55 | Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes 90 | Mussel loam, 6 to 12 percent slopes 104 | Torriorthents-Camborthids-Rock outcrop complex, 6 to 65 percent 111 | Vandamore channery sandy loam, 25 to 65 percent slopes 116 | Yamo loam, 12 to 25 percent slopes Soils mapping from U.S. Department ofAgriculture, Natural ResourcesConservation Service, Soil SurveyGeographic (SSURGO) database forAspen-Gypsum, Parts of Eagle, Garfieldand Pitkin Counties, Colorado (2004;dataset co655), accessed athttp://SoilDataMart.nrcs.usda.gov/ Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 1FIGURERegional & LocalLocator Maps A & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 6FIGURESoilsMapAVONNORTHSIDE Bald Eagle Range Property Active Nest Site Summer Forage Winter Range & Winter Forage USGS Hillshade Topographic MapSourced from Esri Online ServerEffective Scale All Locations ApproximateK1:80,000 Data Source:CPW Public SAM GIS Datafrom Esri Online Server 0 0.5 1 Mile Black Bear Range Property Fall Concentration Summer Concentration & Human Conflict Area Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 1FIGURERegional & LocalLocator Maps A & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 7FIGUREBald Eagle &Black Bear Ranges AVONNORTHSIDE Elk Range Property Migration Patterns Summer Range (entire map area) Production Area Severe Winter Range Winter Concentration Area Winter Range USGS Hillshade Topographic MapSourced from Esri Online ServerEffective Scale All Locations ApproximateK1:80,000 Data Source:CPW Public SAM GIS Datafrom Esri Online Server 0 0.5 1 Mile Mule Deer Range Property Migration Patterns Summer Range (entire map area) Migration Corridors Severe Winter Range Winter Concentration Area Winter Range Baseline DocumentationReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | April 2016 1FIGURERegional & LocalLocator Maps A & RRANCH Baseline Documentation ReportEagle County, Coloradowww.rareearthscience.comMap by H. Watts | November 2016 8FIGUREElk & MuleDeer Ranges AVONNORTHSIDE Baseline Documentation Report Avon South SideNorthside November 15December 5, 2016 Rare Earth Science, LLC DOCUMENTARY PHOTOGRAPHS (Keyed to Figure 3) Photopoint (PPT) Coordinates NAD 1983 State Plane CO Central FIPS (Feet) Projection PPT Easting (x) Northing (y) 1 2711937.118 1661719.8051661720 2 2712534.5132712535 1661627.075 3 2713502.8552713503 1662385.246 4 2713388.037 1661632.6761661633 5 2712836.379 1661200.7151661201 6 2712506.065 1661114.367 7 2713236.494 1660814.7451660815 8 2713281.35 16602801660279.966 9 2712671.335 1660296.9291660297 10 2713057.123 1660027.484 11 2712516.285 1659935.403 12 2713275.28 1658412.092 13 2712862.72712863 1658806.295 14 2712017.8362712018 1659717.382 15 2711873.5262711874 1659824.243 16 2711576.345 1659972.292 17 2710040.008 1659985.6121659986 18 2709466.162 1660225.8691660226 19 2709430.82709431 16602811660280.912 20 2709422.06 1660062.443 21 2708733.291 1660171.465 22 2708496.112 1659953.5751659954 23 2708230.243 1660170.114 24 2708181.017 1660381.149 Avon Northside Conservation Easement DRAFT Dec 6, 2016 Page 30 of 30 EXHIBIT F Sample Notice of Transfer of Property To: Eagle County, Colorado (“Grantee”) From: [Insert name of fee owner] (“Grantor”) Pursuant to Section 11 of the Deed of Conservation Easement recorded (date) under Reception No. ___________, Grantee is hereby notified by Grantor of the proposed transfer of the fee simple interest in the subject Property legally described in Exhibit A attached hereto to be effective [insert date of closing] to [insert name of new Grantor], who can be reached at [insert name, legal address, phone and fax number]. GRANTOR: By: Title: STATE OF COLORADO ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ____ day of _____________, 20__, by as of . Witness my hand and official seal. My commission expires: Notary Public Date: EXHIBIT A: DEED OF CONSERVATION EASEMENT Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Consent and Subordination Agreement DATE: December 9, 2016 SUMMARY: This matter is related to the proposed partnership project for the Walking Mountains Science Center (“Walking Mountains”), Eagle County and Town of Avon for Walking Mountains to acquire adjacent lands for preservation and expansion of the science center on Buck Creek road. A portion of the lands to be acquired by Walking Mountains would be subject to a conservation easement. It is common to seek subordination of covenants on a property that could result in terminating or superseding the protections in a conservation easement. Walking Mountains has requested the owners of the other property in the Buck Creek Subdivision (Avon MOB LLC, and Town of Avon and Eagle River Fire Protection District as owners of an undivided interest in Lot 1B) to approve the attached Consent and Subordination Agreement. I do not see any negative impacts to the Town of Avon in approving the Consent and Subordination Agreement so that a conservation easement on lands acquired by Walking Mountains has priority over the Buck Creek declarations. PROPOSED MOTION: “I move to approve the Consent and Subordination Agreement for Lot 1B, Buck Creek Subdivision.” Thank you, Eric ATTACHMENTS: Consent and Subordination Agreement M EMORANDUM & PLANNING, LLC CONSENT AND SUBORDINATION For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each of the undersigned are a beneficiary of that certain Declaration of Covenants, Conditions and Restrictions for Buck Creek recorded on December 30, 2009 at Reception No. 200927821 in the records of the Clerk and Recorder of Eagle County, Colorado, and all related documents and instruments (collectively, the "DCCR"), and each hereby consents to the execution of that certain Deed of Conservation Easement to which this Consent and Subordination is attached as an exhibit, subordinates the lien of the DCCR to the Deed of Conservation Easement and agrees that any foreclosure of the DCCR shall not adversely affect the existence or continuing validity of the Deed of Conservation Easement. The Deed of Conservation Easement shall run with the land and remain in full force and effect as if such were executed, delivered, and recorded prior to the execution, delivery, and recording of the DCCR. Each of the undersigned hereby represents that they are authorized to execute this instrument on behalf of themselves if an individual or on behalf of the entity for which they are acting hereunder. EXECUTED, on the date next to the undersigned’s signature. [signature pages attached] OWNER OF LOT 1A, BUCK CREEK: AVON MOB LLC, a Delaware limited liability company By: Name: Title/Entity: Date: STATE OF COLORADO ) ) ss. COUNTY OF _____ ) The foregoing instrument was acknowledged before me this day of , 2016, by , as of AVON MOB LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: __________________ Notary Public OWNER OF A 55% INTEREST IN LOT 1B, BUCK CREEK: EAGLE RIVER FIRE PROTECTION DISTRICT By: Name: Title/Entity: Date: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2016, by , as of Eagle River Fire Protection District. Witness my hand and official seal. My commission expires: __________________ Notary Public OWNER OF A 45% INTEREST IN LOT 1B, BUCK CREEK: THE TOWN OF AVON By: Name: Title/Entity: Date: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2016, by , as of The Town of Avon. Witness my hand and official seal. My commission expires: __________________ Notary Public OWNER OF LOT 2A, LOT 2B AND LOT 3, BUCK CREEK: WALKING MOUNTAINS, a Colorado non- profit corporation (formerly known as: Gore Range Natural Science School non-profit corporation) By: Name: Title/Entity: Date: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 2016, by , as of Walking Mountains, a Colorado non-profit corporation. Witness my hand and official seal. My commission expires: __________________ Notary Public OWNER OF LOT 5, BUCK CREEK: KRISTIN A. TANG Date: STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this day of , 2016, by Kristin A. Tang. Witness my hand and official seal. My commission expires: __________________ Notary Public