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FINAL - WEBSITE PACKET Updated Item 7 URATOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 14, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON URBAN RENEWAL AUTHORITY BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ 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 OPTIONAL: 4:00 PM – MEET AT THE BASE OF THE GONDOLA SITE TOUR OF LOT 1 AND LOTS 4 THROUGH 7, RIVERFRONT VILLAGE PUD AND SUBDIVISION 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) 1.CALL TO ORDER & ROLL CALL 2.APPROVAL OF AGENDA 3.MEETING PROCEDURES FOR THE MEETING OF NOVEMBER 14, 2017 ACTION ITEMS •PRESENTATION OF ITEM •PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME •COUNCIL DISCUSSION •MOTION •COUNCIL DISCUSSION •VOTE WORK SESSION AND PRESENTATIONS •PRESENTATION OF ITEM •COUNCIL DISCUSSION •PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME •COUNCIL DIRECTION 4.PRESENTATION 4.1. PROCLAMATION FOR EAGLE COUNTY GIVES DAY (DENISE KIPP) (15 MINUTES) 5.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME (5 MINUTES) 6.ACTION ITEMS 6.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2017 FINAL REVISED BUDGETS, 2018 OPERATING BUDGET, 2018 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM (ASSISTANT TOWN MANAGER SCOTT WRIGHT) (50 MINUTES) 6.1.1. RESOLUTION 17-24, RESOLUTION TO AMEND THE 2017 TOWN OF AVON OPERATING FUNDS BUDGETS 6.1.2. RESOLUTION 17-25, RESOLUTION TO AMEND THE 2017 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET 6.1.3. RESOLUTION 17-26, RESOLUTION TO ADOPT THE 2018 TOWN OF AVON OPERATING FUNDS BUDGETS 6.1.4. RESOLUTION 17-27, RESOLUTION TO ADOPT THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2018 CAPITAL PROJECTS FUND BUDGET TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 14, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET ___________________________________________________________________________________________ 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 6.2. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE URBAN RENEWAL AUTHORITY MEETING (MAYOR JENNIE FANCHER) 6.3. ACTION TO RESUME THE REGULAR MEETING AND ROLL CALL (MAYOR JENNIE FANCHER) 6.4. FIRST READING OF ORDINANCE 17-18 APPROVING A REZONING APPLICATION ADDING NOTTINGHAM ROAD PROPERTIES TO THE SHORT TERM OVERLAY DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 6.5. FIRST READING OF ORDINANCE 17-16, EXTENDING THE VESTED PROPERTY RIGHTS AND APPROVING A MINOR PUD AMENDMENT FOR LOTS 4-7, RIVERFRONT VILLAGE PUD AND SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (20 MINUTES) 6.6. FIRST READING OF ORDINANCE 17-17, APPROVING A VESTED RIGHTS EXTENSION FOR LOT 1, RIVERFRONT VILLAGE SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 6.7. DIRECTION TO STAFF FOR NEXT STEP(S) FOR THE HAHNEWALD BARN BASED UPON REVIEW OF THE SCHEMATIC SITE PLAN FOR RELOCATION OF HAHNEWALD BARN TO TRACT G AND OPINION OF PROBABLE COSTS (PLANNING DIRECTOR MATT PIELSTICKER) (40 MINUTES) 6.8. CONSENT AGENDA 6.8.1. APPROVAL OF AN AMENDMENT TO THE EAGLEBEND SUBORDINATION AGREEMENT AND PROJECT AGREEMENT TO REMOVE THE PUBLIC FINANCE AUTHORITY AS A PARTY TO THE AGREEMENTS (TOWN ATTORNEY ERIC HEIL) 6.8.2. APPROVAL OF THE DIVISION OF TRANSIT AND RAIL FTA SECTION 53111 GRANT AGREEMENT WITH THE TOWN OF AVON AND AUTHORIZATION FOR MAYOR JENNIE FANCHER TO SIGN THE AGREEMENT (TRANSPORTATION DIRECTOR EVA WILSON) 6.8.3. APPROVAL OF MINUTES FROM OCTOBER 24, 2017 COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) 7.WRITTEN REPORTS 7.1. BEN HARPER & THE INNOCENT CRIMINALS CONCERT REPORT (SPECIAL EVENTS PRODUCTION ASSISTANT LOUISE DUNCAN) 7.2. RECOMMENDATION BY THE AD HOC SPECIAL EVENTS COMMITTEE REGARDING CONTINUATION OF THE COMMITTEE THROUGH JANUARY 31, 2019 (SPECIAL EVENTS PRODUCTION ASSISTANT LOUISE DUNCAN) 7.3. POLICE DEPARTMENT SIX-MONTH UPDATE (POLICE CHIEF GREG DALY) 7.4. TOWN OF AVON 2017 – 2019 STRATEGIC PLAN QUARTERLY PROGRESS UPDATE 8.MAYOR & COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 9.ADJOURNMENT _______________________________________________________________________________________________________________________________________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 14, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ 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 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.PUBLIC HEARING FOR ART GALLERY PERMIT APPLICATION 4.1. APPLICANT: VAIL VALLEY ART GUILD D/B/A ART IN THE VALLEY GALLERY LOCATION: ONE LAKE STREET TYPE: ART GALLERY PERMIT MANAGER: ROSALIND REED 5.REPORT OF CHANGE – CHANGE OF MANAGER 5.1. APPLICANT: CTK, LLC D/B/A CHRONIC TACO LOCATION: 150 EAST BEAVER CREEK BLVD UNIT A101 MANAGER: RODNEY QUILES 5.2. APPLICANT: WVO LICENSING, LLC D/B/A WYNDHAM RESORT AT AVON LOCATION: 75 BENCHMARK ROAD MANAGER: SCOTT MARTIN 6.RENEWAL OF LIQUOR LICENSES 6.1. APPLICANT: WVO LICENSING, LLC D/B/A WYNDHAM RESORT AT AVON LOCATION: 75 BENCHMARK ROAD TYPE: RESORT COMPLEX MANAGER: SCOTT MARTIN 6.2. APPLICANT: SEERUT INC. & 7-ELEVEN INC. D/B/A 7-ELEVEN STORE 34209A LOCATION: 008 NOTTINGHAM ROAD TYPE: 3.2 % BEER RETAIL OFF PREMISES MANAGER: GARY “SIDHU” GUPRETT 7.MINUTES FROM OCTOBER 24, 2017 8.ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 14, 2017 AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ 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 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 (20 MINUTES) 4.1. PUBLIC HEARING RESOLUTION 17-02, AMENDING THE 2017 AVON URBAN RENEWAL AUTHORITY BUDGET (TREASURER SCOTT WRIGHT) 4.2. PUBLIC HEARING RESOLUTION 17-03, ADOPTING THE 2018 AVON URBAN RENEWAL AUTHORITY BUDGET (TREASURER SCOTT WRIGHT) 4.3. APPROVAL OF SEPTEMBER 26, 2017 URA MEETING MINUTES (DEPUTY TOWN MANAGER PRESTON NEILL) 5.MOTION TO CONTINUE THE URBAN RENEWAL AUTHORITY MEETING 6.MOTION TO RECONVENE THE URBAN RENEWAL AUTHORITY MEETING 7.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) IN REGARDS TO A PROPOSAL FROM GART PROPERTIES FOR IMPROVEMENTS AT THE SEASONS BUILDING 8.ACTION TO APPOINT SPECIAL COUNSEL FOR LEGAL REVIEW OF A PROPOSAL FROM GART PROPERTIES FOR A MINOR DEVELOPMENT PLAN APPLICATION AND URBAN RENEWAL FUNDING (EXECUTIVE DIRECTOR & SECRETARY VIRGINIA EGGER) 9.ADJOURNMENT LIQUOR AUTHORITY REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Debbie Hoppe, Town Clerk Meeting Date: November 14, 2017 Agenda Topic: Report of Changes: Change in Manager for Chronic Taco’s ACTION BEFORE COUNCIL Town Council acting as the Local Liquor Licensing Authority is asked to consider the Permit Application Change in Manager for CTK, LLC d/b/a Chronic Taco’s. Rodney Quiles is the manager of Chronic Taco’s and will be replacing Chad Wilkison, former manager on the property. PROPOSED MOTION I move to approve (or deny stating the reasons for denial) the Permit Application Change in Manager for CTK, LLC d/b/a Chronic Taco’s. BACKGROUND The Permit Application & Report of Changes Form is used when “manager” changes occur; the applicant completed a Report of Change form section 8. Once approved by the local authority, the application is forwarded to the Colorado Liquor Enforcement Division for its approval. Rodney Quiles, new manager, has been invited to attend the Liquor Board meeting to answer any questions. The Liquor Code contains special requirements that there be a registered “manager” in the case of several types of licenses, i.e. hotel, restaurant, and tavern licenses. The Municipal Code Section 5.08.150 (c), requires background checks on all managers. A background investigation has been completed by the Avon Police Department and the report indicates no concerns. The Colorado Bureau of Investigation report is pending. PERMIT APPLICATION CHANGE OF MANAGER ATTACHMENTS: The applicants for the permit application change of manager submitted the following materials:  Permit application and report of changes (State form DR 8442)  Police Report on Background Checks LIQUOR AUTHORITY REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Debbie Hoppe, Town Clerk Meeting Date: November 14, 2017 Agenda Topic: Report of Changes: Change in Manager for Wyndham Resort at Avon ACTION BEFORE COUNCIL Town Council acting as the Local Liquor Licensing Authority is asked to consider the Permit Application Change in Manager for WVO Licensing, LLC d/b/a Wyndham Resort at Avon. Scott Martin is the manager of Wyndham Resort at Avon and will be replacing Patricia Janssens, former manager on the property. PROPOSED MOTION I move to approve (or deny stating the reasons for denial) the Permit Application Change in Manager for WVO Licensing, LLC d/b/a Wyndham Resort at Avon. BACKGROUND The Permit Application & Report of Changes Form is used when “manager” changes occur; the applicant completed a Report of Change form section 8. Once approved by the local authority, the application is forwarded to the Colorado Liquor Enforcement Division for its approval. Scott Martin, new manager, has been invited to attend the Liquor Board meeting to answer any questions. The Liquor Code contains special requirements that there be a registered “manager” in the case of several types of licenses, i.e. hotel, restaurant, and tavern licenses. The Municipal Code Section 5.08.150 (c), requires background checks on all managers. A background investigation has been completed by the Avon Police Department and the report indicates no concerns. The Colorado Bureau of Investigation report is pending. PERMIT APPLICATION CHANGE OF MANAGER ATTACHMENTS: The applicants for the permit application change of manager submitted the following materials:  Permit application and report of changes (State form DR 8442)  Police Report on Background Checks TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 24, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Scott Prince, Megan Burch, Jake Wolf, Amy Phillips and Sarah Smith Hymes. Matt Gennett was absent. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Deputy Town Manager Preston Neill and Secretary Brenda Torres. 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: 00:50 4.1. Applicant: Nova Entertainment, LLC D/B/A Loaded Joe’s Location: 82 E. Beaver Creek Blvd. #14 Type: Hotel And Restaurant Manager: Kent Beidel The application was presented with no concerns. Police Chief Greg Daly commented that Loaded Joe’s has two violations in two courses of action, one local and one for the state on November 17, 2016 by Eagle County Sheriff’s Office for serving alcohol to a visibly intoxicated person. Eagle County Sheriff’s Office Deputy sent the citation directly to the state and the case is still under the administrative process. The state will issue paperwork to the local licensing authorithy notifying the conclusion for this incident. Vice Chairwoman Smith Hymes moved to approve the renewal application for Nova Entertainment, LLC d/b/a Loaded Joe’s. Board member Phillips seconded the motion and it passed unanimously by those present. Board member Gennett was absent. 4.2. Applicant: Avon Properties Leasing, LLC D/B/A Village Warehouse Wines Location: 101 Fawcett Road Type: Retail Liquor Store Manager: Peter Cuccia The application was presented with no concerns. Board member Phillips moved to approve the renewal application for Avon Properties Leasing, LLC d/b/a Village Warehouse Wines. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously by those present. Board member Gennett was absent. 5. REPORT OF CHANGE – CHANGE OF MANAGER Start time: 06:50 5.1. Applicant: Y&Z, INC. D/B/A NOZAWA SUSHI & KITCHEN Location: 240 Chapel Place Manager: Ashley Mueller The application was presented with no concerns. Ashley Mueller was present to answer any questions. Board member Burch moved to approve the report of change application for Y&Z, INC. d/b/a Nozawa Sushi & Kitchen. Board member Phillips seconded the motion and it passed unanimously by those TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 24, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 present. Board member Gennett was absent. 6. MINUTES FROM OCTOBER 10, 2017 Start time: 07:47 Vice Chairwoman Smith Hymes moved to approve the minutes from the October 10, 2017, Liquor Authority meeting. Board member Prince seconded the motion and it passed with a vote of 5. Board member Gennett was absent. Board member Phillips abstained from the vote. 7. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. The time was 5:08 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Brenda Torres, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________     TOWN COUNCIL REPORT  To:   Honorable Mayor and Town Council  From:    Preston Neill, Deputy Town Manager  Date:    November 14, 2017  Topic:    Proclamation Honoring Colorado Gives Day    SUMMARY:  The Town Council is asked to consider adopting the attached Proclamation supporting Colorado Gives  Day. According to its supporters, this is a statewide day of philanthropy where citizens are encouraged  to “Give Where You Live” by logging onto www.coloradogives.org and investing in local charitable  organizations. The eighth annual Colorado Gives Day takes place midnight to midnight on Tuesday,  December 5, 2017.    Denise Kipp with the Red Ribbon Project will attend Tuesday’s meeting to present more information  about Colorado Gives Day.       ATTACHMENT:  Colorado Gives Day Proclamation      PROCLAMATION  Town of Avon, Colorado   COLORADO GIVES DAY  WHEREAS, charitable giving in the Town of Avon, Colorado is critical to  providing support that local nonprofit organizations need to make our community a  desirable place to live; and  WHEREAS, research shows an increase in online giving both locally and  nationally, and many believe it is the future of philanthropy; and  WHEREAS, Community First Foundation and FirstBank have partnered in an  effort to increase charitable giving in our community through the online giving  initiative Colorado Gives Day; and  WHEREAS, Colorado Gives Day in 2016 raised over one million dollars in a  single 24‐hour period via online donations at eaglecogives.org, a website allowing  donors to direct their contributions to one or more of the 42 local charities featured  on the site, making it an ideal resource for facilitating charitable giving to our locally‐ based nonprofit organizations; and WHEREAS, Colorado Gives Day is December 5th this year, and all citizens are  encouraged to participate because all donations, large or small, can make a  difference to nonprofits in need.  NOW, THEREFORE, LET IT BE KNOWN:  The Town of Avon, Colorado, hereby proclaims Tuesday, December 5, 2017 as  Colorado Gives Day in our community.   Mayor Jennie Fancher  On behalf of the Town of Avon, Colorado   THE 2018 BUDGET IS POSTED AT WWW.AVON.ORG TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: November 14, 2017 Re: Adoption of Proposed 2018 and Final Revised 2017 Capital Projects Fund and Long- range Plan Action Before Council Adoption of the Proposed 2018 and Final Revised 2017 Town of Avon Capital Projects Fund budget and long-range plan. Proposed Motion “I move to approve Resolution 17-25 and 17-27 to adopt the proposed 2018 Capital Projects Fund budget and amend the 2017 Capital Projects Fund budget and long-range plan.” Summary The Town’s final revised Capital Projects Fund budget for 2017 and the proposed 2018 Capital Projects Fund budget are hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). The Town Manager and staff presented the proposed Capital Fund budgets at the Council work sessions held on September 26. Public Hearing. As required by Town Charter, on November 14, 2017, a public hearing will be held for members of the public to comment on the proposed 2018 budget. Updates and Changes The following changes have been made subsequent to the September 26th budget work session: Project Expenditures: • Added wayfinding signage in 2018 of $25,000 • Added O’Neil Spur Park Improvements Design of $20,000 in 2018 • Advanced by one year the Metcalf Road FS 7-779 Trailhead Design and Improvements project, from 2021/2022 to 2020/2021. M2/M3 Trails Construction Update: Funding was provided in the 2017 budget for continued trail construction. Staff issued a RFP for planning and design of the M2/M3 Trails, north of the Buffalo Ridge Apartments, and the P8 connector in the West Avon Preserve. The RFP included construction of M2/M3 north of Buffalo Ridge. Two bids were received, with Momentum Trails Concepts being the low bidder, in an amount of $50,520 for the M2/M3 trails. The other bid came in at $102,720. At the time of executing a contract with Momentum, staff anticipated gaining the needed easements from Traer Creek (full name) in a timely fashion. The easements, however, were not approved by Traer Creek until October 10th. Staff kept Momentum informed of the easement delay and requested “drop dead” date to construct the trails from Momentum on September 29th, which was not responded to by Momentum, until October 12th, when Momentum found that it was too late to construct the trails, including in a phased, two season approach. In discussions Momentum preferred an approach of the Town exercising its unilateral right to terminate the construction contract, with a request to the Town Council for a new contract for 2018, in the amount of $71,000.00, which they believe would address a portion of lost earnings from the 2017 agreement and out-of-pocket costs of $2,000. Staff is recommending a contract be provided to Momentum for the M2/M3 trails construction, in an amount of $71,000.00, with completion no later than June 1, 2018. Monies for the construction are available in the 2018 Capital Projects Fund presented for action today. The alternative to this action is to bid the trail construction and make no payment to Momentum for the 2017 missed construction period. Broadband Update: With the voters approving the exemption for the Town of Avon to provide broadband services, staff will begin to work with Council, on a vision and strategy for developing broadband for Avon’s public spaces and, potentially, for services to private residential and commercial users. The prospect for collaboration with the other governmental agencies, which also received voter approval for the exemption, will be pursued. The proposed budget includes a placeholder of $125,000 for public WIFI development on Town owned properties. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program as submitted. Exhibits and Attachments: Resolution 17-25 Resolution 17-27 Resolution No. 17-25 November 14, 2017 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 17-25 SERIES OF 2017 A RESOLUTION TO AMEND THE 2017 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2017 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017 WHEREAS, the Town Council of the Town of Avon has adopted the 2017 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2017; and WHEREAS, the Town Council finds it necessary to amend the 2017 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2017; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2017 budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2017 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2017: Resolution No. 17-25 November 14, 2017 Page 2 of 2 Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 10,416,611 6,978,000 15,045,205 $ 10,416,611 9,040,375 15,038,474 Ending Fund Balance $ 2,349,406 $ 4,418,512 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk Resolution No. 17-27 November 14, 2017 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 17-27 SERIES OF 2017 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2017 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2018 AND ENDING ON THE LAST DAY OF DECEMBER, 2018 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 14, 2017, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2018: Resolution No. 17-27 November 14, 2017 Page 2 of 2 2018 Proposed Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,880,271 4,497,500 4,035,741 Ending Fund Balance $ 4,880,271 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: November 14, 2017 Re: Adoption of Proposed 2018 and Final Revised 2017 Capital Projects Fund and Long- range Plan Action Before Council Adoption of the Proposed 2018 and Final Revised 2017 Town of Avon Capital Projects Fund budget and long-range plan. Proposed Motion “I move to approve Resolution 17-25 and 17-27 to adopt the proposed 2018 Capital Projects Fund budget and amend the 2017 Capital Projects Fund budget and long-range plan.” Summary The Town’s final revised Capital Projects Fund budget for 2017 and the proposed 2018 Capital Projects Fund budget are hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). The Town Manager and staff presented the proposed Capital Fund budgets at the Council work sessions held on September 26. Public Hearing. As required by Town Charter, on November 14, 2017, a public hearing will be held for members of the public to comment on the proposed 2018 budget. Updates and Changes The following changes have been made subsequent to the September 26th budget work session: Project Expenditures: • Added wayfinding signage in 2018 of $25,000 • Added O’Neil Spur Park Improvements Design of $20,000 in 2018 • Advanced by one year the Metcalf Road FS 7-779 Trailhead Design and Improvements project, from 2021/2022 to 2020/2021. M2/M3 Trails Construction Update: Funding was provided in the 2017 budget for continued trail construction. Staff issued a RFP for planning and design of the M2/M3 Trails, north of the Buffalo Ridge Apartments, and the P8 connector in the West Avon Preserve. The RFP included construction of M2/M3 north of Buffalo Ridge. Two bids were received, with Momentum Trails Concepts being the low bidder, in an amount of $50,520 for the M2/M3 trails. The other bid came in at $102,720. At the time of executing a contract with Momentum, staff anticipated gaining the needed easements from Traer Creek (full name) in a timely fashion. The easements, however, were not approved by Traer Creek until October 10th. Staff kept Momentum informed of the easement delay and requested “drop dead” date to construct the trails from Momentum on September 29th, which was not responded to by Momentum, until October 12th, when Momentum found that it was too late to construct the trails, including in a phased, two season approach. In discussions Momentum preferred an approach of the Town exercising its unilateral right to terminate the construction contract, with a request to the Town Council for a new contract for 2018, in the amount of $71,000.00, which they believe would address a portion of lost earnings from the 2017 agreement and out-of-pocket costs of $2,000. Staff is recommending a contract be provided to Momentum for the M2/M3 trails construction, in an amount of $71,000.00, with completion no later than June 1, 2018. Monies for the construction are available in the 2018 Capital Projects Fund presented for action today. The alternative to this action is to bid the trail construction and make no payment to Momentum for the 2017 missed construction period. Broadband Update: With the voters approving the exemption for the Town of Avon to provide broadband services, staff will begin to work with Council, on a vision and strategy for developing broadband for Avon’s public spaces and, potentially, for services to private residential and commercial users. The prospect for collaboration with the other governmental agencies, which also received voter approval for the exemption, will be pursued. The proposed budget includes a placeholder of $125,000 for public WIFI development on Town owned properties. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program as submitted. Exhibits and Attachments: Resolution 17-25 Resolution 17-27 Resolution No. 17-25 November 14, 2017 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 17-25 SERIES OF 2017 A RESOLUTION TO AMEND THE 2017 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2017 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017 WHEREAS, the Town Council of the Town of Avon has adopted the 2017 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2017; and WHEREAS, the Town Council finds it necessary to amend the 2017 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2017; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2017 budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2017 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2017: Resolution No. 17-25 November 14, 2017 Page 2 of 2 Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 10,416,611 6,978,000 15,045,205 $ 10,416,611 9,040,375 15,038,474 Ending Fund Balance $ 2,349,406 $ 4,418,512 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk Resolution No. 17-27 November 14, 2017 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 17-27 SERIES OF 2017 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2017 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2018 AND ENDING ON THE LAST DAY OF DECEMBER, 2018 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 14, 2017, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2018: Resolution No. 17-27 November 14, 2017 Page 2 of 2 2018 Proposed Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,880,271 4,497,500 4,035,741 Ending Fund Balance $ 4,880,271 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: November 14, 2017 Re: Adoption of Proposed 2018 and Final Revised 2017 Operating Budgets Action Before Council Adoption of the proposed 2018 and final revised 2017 Town of Avon operating budgets. Proposed Motion “I move to approve Resolution 17-24 and 17-26, adopting the proposed 2018 Town of Avon operating budgets and amending the 2017 operating budgets.” Summary The Town’s final revised operating budgets for 2017 and the proposed 2018 operating budgets are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. The Town Manager and staff presented the proposed budgets at Council work sessions held on September 26 and October 24. The following material changes have been made to the operating budget subsequent to the September work session: General Fund • $28,280 increase in expenditures of special event admission fess Public Hearing. As required by Town Charter, on November 14, 2017, a public hearing will be held for members of the public to comment on the proposed 2018 budget. Transportation Department: Change of Name to Mobility Department Avon’s Transportation Department, with the hiring of Director Eva Wilson, has evolved quickly into a multi-modal transportation and parking department. Today, municipalities are changing the name of respective transportation departments to the encompassing title Mobility Department. Town staff is recommending our Transportation Department name be updated to Mobility Department to more accurately reflect and promote the work of the department, which includes all facets of multi-modal transportation and parking. Unless Council feels otherwise, the proposed name change will be presented at the December 12th meeting and the 2018 budget will be published with the new department name - Mobility Department, pending Council action. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: Resolution No. 17-24 Resolution No. 17-26 Resolution No. 17-24 November 14, 2017 Page 1 of 3 TOWN OF AVON, COLORADO RESOLUTION NO. 17-24 SERIES OF 2017 A RESOLUTION TO AMEND THE 2017 TOWN OF AVON OPERATING BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2017 OPERATING BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2017 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2017; and WHEREAS, the Town Council finds it necessary to amend the 2017 budget to more accurately reflect the revenues and expenditures for 2017; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2017 budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2017 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2017: Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,063,891 16,610,839 17,580,126 $ 6,063,891 16,778,451 16,937,774 Ending Fund Balance $ 5,094,604 $ 5,904,568 Resolution No. 17-24 November 14, 2017 Page 2 of 3 Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 74,469 84,000 158,000 $ 62,205 80,000 142,000 Ending Fund Balance $ 469 $ 205 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 38,173 211,200 157,977 $ 79,895 213,475 181,424 Ending Fund Balance $ 91,396 $ 111,946 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 506,220 3,741 25,000 $ 516,183 73,146 26,000 Ending Fund Balance $ 484,961 $ 563,329 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 0 0 0 $ 0 32,768 0 Ending Fund Balance $ 0 $ 32,768 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 536,467 1,027,469 1,027,469 $ 536,567 1,022,469 1,022,469 Ending Fund Balance $ 536,467 $ 536,567 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 685,600 2,110,267 2,170,774 $ 685,600 2,072,003 2,132,062 Ending Fund Balance $ 625,093 $ 625,541 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 139,750 1,679,426 1,652,546 $ 223,149 1,639,426 1,622,757 Ending Fund Balance $ 166,630 $ 239,818 Resolution No. 17-24 November 14, 2017 Page 3 of 3 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,640,322 846,800 387,200 $ 2,777,507 937,415 483,303 Ending Fund Balance $ 3,099,922 $ 3,231,619 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk Resolution No. 17-26 November 14, 2017 Page 1 of 3 TOWN OF AVON RESOLUTION NO. 17-26 SERIES OF 2017 A RESOLUTION TO ADOPT THE 2018 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2018 AND ENDING ON THE LAST DAY OF DECEMBER, 2018 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 14, 2017, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2018: 2018 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 5,904,568 16,580,030 16,568,200 Ending Fund Balance $ 5,916,398 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 205 80,000 0 Ending Fund Balance $ 80,205 Resolution No. 17-26 November 14, 2017 Page 2 of 3 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2018 Proposed Budget $ 111,946 170,000 269,149 Ending Fund Balance $ 12,797 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 563,329 32,541 25,000 Ending Fund Balance $ 570,870 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 32,768 5,000 0 Ending Fund Balance $ 37,768 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 536,567 1,016,854 1,016,854 Ending Fund Balance $ 536,567 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 625,541 1,626,900 1,687,784 Ending Fund Balance $ 564,657 Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 239,818 1,694,426 1,693,973 Ending Fund Balance $ 240,271 Resolution No. 17-26 November 14, 2017 Page 3 of 3 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,231,619 662,478 584,517 Ending Fund Balance $ 3,309,580 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: November 14, 2017 Re: Adoption of Proposed 2018 and Final Revised 2017 Operating Budgets Action Before Council Adoption of the proposed 2018 and final revised 2017 Town of Avon operating budgets. Proposed Motion “I move to approve Resolution 17-24 and 17-26, adopting the proposed 2018 Town of Avon operating budgets and amending the 2017 operating budgets.” Summary The Town’s final revised operating budgets for 2017 and the proposed 2018 operating budgets are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. The Town Manager and staff presented the proposed budgets at Council work sessions held on September 26 and October 24. The following material changes have been made to the operating budget subsequent to the September work session: General Fund • $28,280 increase in expenditures of special event admission fess Public Hearing. As required by Town Charter, on November 14, 2017, a public hearing will be held for members of the public to comment on the proposed 2018 budget. Transportation Department: Change of Name to Mobility Department Avon’s Transportation Department, with the hiring of Director Eva Wilson, has evolved quickly into a multi-modal transportation and parking department. Today, municipalities are changing the name of respective transportation departments to the encompassing title Mobility Department. Town staff is recommending our Transportation Department name be updated to Mobility Department to more accurately reflect and promote the work of the department, which includes all facets of multi-modal transportation and parking. Unless Council feels otherwise, the proposed name change will be presented at the December 12th meeting and the 2018 budget will be published with the new department name - Mobility Department, pending Council action. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: Resolution No. 17-24 Resolution No. 17-26 Resolution No. 17-24 November 14, 2017 Page 1 of 3 TOWN OF AVON, COLORADO RESOLUTION NO. 17-24 SERIES OF 2017 A RESOLUTION TO AMEND THE 2017 TOWN OF AVON OPERATING BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2017 OPERATING BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2017 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2017; and WHEREAS, the Town Council finds it necessary to amend the 2017 budget to more accurately reflect the revenues and expenditures for 2017; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2017 budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2017 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2017: Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 6,063,891 16,610,839 17,580,126 $ 6,063,891 16,778,451 16,937,774 Ending Fund Balance $ 5,094,604 $ 5,904,568 Resolution No. 17-24 November 14, 2017 Page 2 of 3 Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 74,469 84,000 158,000 $ 62,205 80,000 142,000 Ending Fund Balance $ 469 $ 205 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 38,173 211,200 157,977 $ 79,895 213,475 181,424 Ending Fund Balance $ 91,396 $ 111,946 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 506,220 3,741 25,000 $ 516,183 73,146 26,000 Ending Fund Balance $ 484,961 $ 563,329 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 0 0 0 $ 0 32,768 0 Ending Fund Balance $ 0 $ 32,768 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 536,467 1,027,469 1,027,469 $ 536,567 1,022,469 1,022,469 Ending Fund Balance $ 536,467 $ 536,567 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 685,600 2,110,267 2,170,774 $ 685,600 2,072,003 2,132,062 Ending Fund Balance $ 625,093 $ 625,541 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 139,750 1,679,426 1,652,546 $ 223,149 1,639,426 1,622,757 Ending Fund Balance $ 166,630 $ 239,818 Resolution No. 17-24 November 14, 2017 Page 3 of 3 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,640,322 846,800 387,200 $ 2,777,507 937,415 483,303 Ending Fund Balance $ 3,099,922 $ 3,231,619 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk Resolution No. 17-26 November 14, 2017 Page 1 of 3 TOWN OF AVON RESOLUTION NO. 17-26 SERIES OF 2017 A RESOLUTION TO ADOPT THE 2018 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2018 AND ENDING ON THE LAST DAY OF DECEMBER, 2018 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 14, 2017, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2018: 2018 Proposed Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 5,904,568 16,580,030 16,568,200 Ending Fund Balance $ 5,916,398 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 205 80,000 0 Ending Fund Balance $ 80,205 Resolution No. 17-26 November 14, 2017 Page 2 of 3 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2018 Proposed Budget $ 111,946 170,000 269,149 Ending Fund Balance $ 12,797 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 563,329 32,541 25,000 Ending Fund Balance $ 570,870 Exterior Energy Offset Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 32,768 5,000 0 Ending Fund Balance $ 37,768 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 536,567 1,016,854 1,016,854 Ending Fund Balance $ 536,567 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 625,541 1,626,900 1,687,784 Ending Fund Balance $ 564,657 Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 239,818 1,694,426 1,693,973 Ending Fund Balance $ 240,271 Resolution No. 17-26 November 14, 2017 Page 3 of 3 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,231,619 662,478 584,517 Ending Fund Balance $ 3,309,580 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 14th day of November, 2017. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk AVON URBAN RENEWAL AUTHORITY COMMISSIONERS REPORT To: Chairperson Jennie Fancher and URA Commissioners From: Scott Wright, Treasurer Date: November 14, 2017 Re: 2018 Proposed and 2017 Revised Budgets Action Before the Board Adoption of the 2018 proposed and 2017 final revised Avon Urban Renewal Authority annual budgets. Proposed Motion “I move to approve Resolution 17-02 and 17-03, adopting the proposed 2018 annual budget and amending the 2017 annual budget for the Avon Urban Renewal Authority.” Summary Attached are the final proposed and revised budget resolutions for the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. There have been no changes since the proposed budget was introduced to the Board at the September 26 meeting. The Authority’s budget summary is attached as an exhibit to this memorandum and is also included for informational purposes in the Town’s budget summary as a component unit of the Town. Public Hearing. At the Avon URA meeting on November 14, 2017 a public hearing will be held for members of the public to comment on the proposed 2018 budget. Recommendation Staff recommends that the Board adopt the resolutions as presented.  Page 2 Exhibits and Attachments: Exhibit 1 - Avon Urban Renewal Authority budget Resolution No. 17-02 Resolution No. 17-03 Fund Summary Original or Final Prev. Amend.Revised Proposed Proposed Actual Budget Budget Budget Budget 2016 2017 2017 2018 2019 REVENUES Taxes 1,026,249$ 1,000,832$ 1,124,116$ 1,419,328$ 1,419,328$ Investment Earnings 4,085 4,712 6,282 7,853 9,424 Total Operating Revenues 1,030,334 1,005,544 1,130,398 1,427,181 1,428,752 Other Sources Debt Issuance Proceeds - 3,000,000 3,000,000 - - TOTAL REVENUES 1,030,334 4,005,544 4,130,398 1,427,181 1,428,752 EXPENDITURES Current: General Government - 3,450 3,450 3,450 1,000 Capital Improvements 32,603 - 50,000 - - Debt Service: Principal 410,000 545,000 564,637 576,079 595,998 Interest 218,240 282,569 282,253 271,907 252,556 Bond Issuance Costs - 90,000 81,625 - - Treasurer Fees 39,391 39,000 34,000 42,580 42,580 Fiscal Charges 300 500 500 500 500 Total Operating Expenditures 700,534 960,519 1,016,465 894,516 892,634 Other Uses Transfers Out - Capital Projects Fund - 2,900,000 2,978,375 20,000 - Transfers Out - Town Center West Mtc. Fund 50,000 - - - - Total Other Uses 50,000 2,900,000 2,978,375 20,000 - TOTAL EXPENDITURES 750,534 3,860,519 3,994,840 914,516 892,634 NET SOURCE (USE) OF FUNDS 279,800 145,025 135,558 512,665 536,118 FUND BALANCES, Beginning of Year 907,963 1,162,585 1,187,763 1,323,321 1,835,986 FUND BALANCES, End of Year 1,187,763$ 1,307,610$ 1,323,321$ 1,835,986$ 2,372,104$ FUND BALANCES: Restricted For: Debt Service 628,240$ 628,240$ 628,240$ 628,240$ 628,240$ Urban Renewal 559,523 679,370 695,081 7,746 543,864 Assigned For: New Town Hall - - - 1,200,000 1,200,000 TOTAL FUND BALANCES 1,187,763$ 1,307,610$ 1,323,321$ 1,835,986$ 2,372,104$ AVON URBAN RENEWAL AUTHORITY #22 Summary EXHIBIT 1 Resolution No. 17-02 November 14, 2017 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 17-02 SERIES OF 2017 A RESOLUTION AMENDING THE 2017 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2017 budget; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2017; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2017 budget to more accurately reflect the revenues and expenditures for 2017; WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2017 budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2017 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2017: Original or Previously Amended 2017 Budget Current Proposed Amended 2017 Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,162,585 4,005,544 3,860,519 $ 1,307,610 $ 1,187,763 4,130,398 3,994,840 $ 1,323,321 Resolution No. 17-02 November 14, 2017 Page 2 of 2 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 14th day of November, 2017. AVON URBAN RENEWAL AUTHORITY ______________________________ Jennie Fancher, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Debbie Hoppe Authority Clerk Resolution No. 17-03 November 14, 2017 Page 1 of 2 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 17-03 SERIES OF 2017 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2018, AND ENDING ON THE LAST DAY OF DECEMBER, 2018. WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority’s Executive Director/Secretary to prepare and submit a proposed budget for its consideration; WHEREAS, Virginia Egger, Town Manager, has submitted a proposed budget to said governing body on September 26, 2017; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2017 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are as follows for 2018: 2018 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,323,321 1,427,181 914,516 Ending Fund Balance $ 1,835,986 Resolution No. 17-03 November 14, 2017 Page 2 of 2 Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 14th day of November, 2017. AVON URBAN RENEWAL AUTHORITY ______________________________ Jennie Fancher, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Debbie Hoppe, Authority Clerk TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR SEPTEMBER 26, 2017 AVON TOWN HALL, ONE LAKE STREET URA Minutes 09-26-2017 .docx Page 1 1. CALL TO ORDER & ROLL CALL Chairwoman Fancher called the meeting to order at 7:32 p.m. A roll call was taken and Authority members present were Amy Phillips, Matt Gennett, Jake Wolf, Scott Prince, Sarah Smith Hymes and Megan Burch. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Treasurer Scott Wright, Police Chief Greg Daly, Town Engineer Justin Hildreth, and Deputy Town Manager Preston Neill. 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. WORK SESSION 4.1. BUDGET WORK SESSION FOR THE 2018 URBAN RENEWAL FUND (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Scott Wright delivered a presentation about the Avon Urban Renewal Authority 2018 proposed budget along with the final revised budget for 2017. 5. ACTION ITEM 5.1. APPROVAL OF JANUARY 10, 2017, URA MEETING MINUTES (AUTHORITY CLERK DEBBIE HOPPE) Authority member Burch moved to approve the minutes from the January 10, 2017, URA Meeting. Vice Chairwoman Smith Hymes seconded the motion and it passed unanimously. 6. ADJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 7:43 p.m. RESPECTFULLY SUBMITTED: ______________________________ Preston Neill, Deputy Town Manager APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Amy Phillips ________________________________ Scott Prince ________________________________ Jake Wolf ______________________________ Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney and Avon Urban Renewal Authority Attorney RE: Special Counsel for Conflicts of Interest DATE: November 10, 2017 SUMMARY: The Avon Urban Renewal Authority was formed pursuant to statutory Urban Renewal Law at CRS §31-25-101 et. seq. The Urban Renewal Law contains specific provisions on conflicts of interest arising from ownership of property within the Urban Renewal Authority area, and such disclosure applies to all commissioners, other officers and employees of the Authority. Last March, I purchased a condominium in the Seasons building, 137 Benchmark Road, which is located in the West Avon Urban Renewal Plan area, therefore, I am required to disclose this property ownership interest to the Council, as the Avon Urban Renewal Authority board. My intentions are to use the condominium while in Avon and to make the unit available for short term rental when I am not using it. I have obtained a business license for home occupation in accordance with the Avon Finance Department requirements. The statutes state that I shall not participate in action by the authority affecting that plan area, “unless the authority determines that, in light of such personal interest, the participation of such member in any such act would not be contrary to the public interest.” The cited statute is reprinted below. A Request for Proposal has been submitted through the Colorado Municipal League attorney list serve for proposals for independent legal counsel. It is the Council’s discretion, acting as the Avon URA Commissioners, to determine if my participation in any act of the Authority for the West Avon URA Plan area would not be contrary to the public interest. I have no recommendation in this regard other than it is my opinion that any act of the Avon URA which may directly affect the Seasons building and property would raise a clear and direct conflict of interest for me and that I should not participate in those acts of the Authority. Proposals for independent legal counsel are included in a separate confidential packet. An executive session of the Avon Urban Renewal Authority is requested for the purpose of reviewing proposals. C.R.S. §31-25-104 (3) No commissioner, other officer, or employee of an authority nor any immediate member of the family of any such commissioner, officer, or employee shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner, other officer, or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he shall immediately disclose the same in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner, officer, or other employee shall not participate in any action by the authority affecting the carrying out of the project planning or the undertaking of the project unless the authority determines that, in the light of such personal interest, the participation of such member in any such act would not be contrary to the public interest. Acquisition or retention of any such interest without such determination by the authority that it is not contrary to the public interest or willful failure to disclose any such interest constitutes misconduct in office. Thank you, Eric M EMORANDUM & PLANNING, LLC Ordinance 17-18 Including the Nottingham Road Residential District in the Short Term Overlay District Zone 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director David McWilliams, Town Planner Meeting Date: November 14, 2017 Meeting Agenda Topic: First Reading of Ordinance 17-18, Approving a Rezoning Application Adding Nottingham Road Properties to the Short Term Overlay Zone District ACTION BEFORE COUNCIL Vote on first reading of Ordinance 17-18, approving a Rezoning Application Adding Nottingham Road Properties to the Short Term Overlay Zone District. PROPOSED MOTION “I move to approve the first reading of Ordinance 17-18, thereby approving a Rezoning Application Adding Nottingham Road Properties to the Short Term Overlay Zone District.” INTRODUCTON On September 8, 2017, Town Council instructed staff through a motion and vote to conduct an application process for inclusion of the Nottingham Road corridor in the Short Term Overlay Zone District. The action spawned from an individual unit owner who applied on Nottingham Road, as well as a recommendation from Planning and Zoning Commission (PZC) to pursue the district expansion. Staff notified all property owners within the corridor and within 300’ of the corridor to the potential changes, and the ways to have their opinion of the matter heard. Town staff provided outreach and general information via a press release and notices in the Town’s regular Vail Daily announcements, as well as social media. Attached is this memo is the report to the PZC that clarifies the application and new overlay boundaries. Staff received several letters regarding the rezoning hearing, which are included as further attachments. At the PZC public hearing Kevin Hyatt and Kristen McKnight spoke in support of the rezoning. Staff recommends approval of this application due to the rationale listed in the staff report. AVAILABLE ACTIONS • No action • Continue First Reading to December 12, 2017 meeting • Approve First Reading and set public hearing date for December 12, 2017 meeting NEXT STEPS Staff is recommending these changes and suggests a further round of public outreach and hearings to determine further regulations, if any, are appropriate to place on the Short Term Overlay Zone District. After collecting information from Host Compliance and surveying other communities, staff would return Ordinance 17-18 Including the Nottingham Road Residential District in the Short Term Overlay District Zone 2 to Council in the spring with a report on findings and options for moving forward. ATTACHMENTS A. Ordinance 17-18 B. Staff report to PZC from 10/17/2017, including PZC Record of Decision C. Written Public Comments Ord 17-18 Nottingham Road STR November 14, 2017 FIRST READING Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE 17-18 APPROVING THE REZONING OF LOTS 6-9; 43-51; 70; 70A, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, TO INCLUDE THE SHORT TERM RENTAL OVERLAY DISTRICT RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town of Avon (“Applicant”) has submitted a Rezoning application affecting the following properties, collectively referred to as (“the Properties”) by applying the Short Term Rental Overlay District (“STRO”): Lot 6, Block 1, Benchmark at Beaver Creek Subdivision (“BMBC”); Lot 7, Block 1, BMBC; Lot 8, Block 1, BMBC; Lot 9, Block 1, BMBC; Lot 43, Block 1, BMBC; Lot 44, Block 1, BMBC; Lot 45, Block 1, BMBC; Lot 46, Block 1, BMBC; Lot 47, Block 1, BMBC; Lot 48, Block 1, BMBC; Lot 49, Block 1, BMBC; Lot 50, Block 1, BMBC; Lot 51, Block 1, BMBC Lot 70, Block 1, BMBC; Lot 70A, Block 1, BMBC; according to Final Plat No. 4 of the BMBC Subdivision recorded at Book 274, Page 701, Eagle County Clerk and Recorders office; WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on October 17, 2017; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances and State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application; and WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on November 14, 2017 and December 12, 2017, and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and Exhibit A Ord 17-18 Nottingham Road STR November 14, 2017 FIRST READING Page 2 of 4 WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is consistent with the Comprehensive Plan’s goal of providing a balance of land uses, and inviting guest accommodations that strengthen Avon’s identity as both a year round residential community and a tourism center; and WHEREAS, the Properties are physically suitable for short term rental usage, and short term rentals on the Nottingham Road corridor are compatible and pose negligible impacts upon the current and future potential uses of neighboring properties; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, the health, safety and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Rezoning. The Properties are hereby rezoned and the Official Town of Avon Zoning Map shall be amended to designate the Properties as included in the STRO District. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Exhibit A Ord 17-18 Nottingham Road STR November 14, 2017 FIRST READING Page 3 of 4 Section 4. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Exhibit A Ord 17-18 Nottingham Road STR November 14, 2017 FIRST READING Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 14, 2017 and setting such public hearing for December 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on December 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A Exhibit B REZ17002 Nottingham Road Short Term Overlay 1 Staff Report – Rezoning October 17, 2017 Planning & Zoning Commission Meeting Project file Case #REZ17002 Current Zoning Residential Low Density (RL) and Residential Duplex (RD) Proposed Zoning Short Term Rental Overlay (STRO) Address Between 160 and 600 Nottingham Road Legal Description Lots 6-9; 43-51; 70 and 70a, Block 1, Benchmark at Beaver Creek Subdivision Prepared By David McWilliams, Town Planner Introduction The application in front of PZC would overlay all the residential properties along Nottingham Road, between addresses 160 and 600, with the Short Term Rental Overlay (“STRO”) District. The Planning and Zoning Commission (“PZC”) will review the application and conduct a public hearing on October 17, 2017. After reviewing staff’s analysis and considering public input, PZC will forward a recommendation to the Town Council. Background Earlier this year, staff was approached by a homeowner to permit short term rentals in his unit. After a public hearing, PZC recommended, and Town Council agreed, that this individual application was not supportable for several reasons. Both bodies found that the individual application was not in compliance with comp plan; not compatible with surrounding uses; and they were unable to determine if there would be significant impacts to surrounding land uses. Town Council subsequently voted on a motion to have staff initiate public notification and an application for the inclusion of the entire area of Nottingham Road residential area in the STRO District. Process The review process first requires a noticed public hearing with PZC. Final action is taken on the Application by Town Council after conducting public hearings and either approval by Ordinance or denial by motion. History of STRO Long after the platting of the Benchmark at Beaver Creek Boulevard Subdivision, which split the Town into residential, commercial, and park areas, the Town adopted a zone district map to Staff Review & Report PUBLIC HEARING: PZC Council & 1st Reading of Ordinance PUBLIC HEARING: Council & 2nd Reading of Ordinance Exhibit B REZ17002 Nottingham Road Short Term Overlay 2 mimic the general layout and intensity of land uses. The STRO district was created in 2009 as a way to outright permit short term rentals in a large majority of the valley floor area. During the public hearings related to the creation of the STRO, several iterations of the map were presented to the Town Council and public for review. Most of the early versions of the overlay district included areas of Nottingham Road, Eaglebend Drive, and even the Wildridge Subdivision. A determination was made that the STRO could not legally be overlaid on PUD zone districts (i.e. Wildridge, Eaglebend), and through further modifications to the approving Ordinance, Nottingham Road was dropped out of the overlay area during Council approvals in 2009. The map below is the current STRO in orange, with some of the PUD districts that explicitly permit short term rentals in green. Area Description Typical properties on Nottingham Road are multi-family structures with anecdotally high owner- residency. The eastern edge of the proposed overlay district is the Medical office building and the Further to the west on Nottingham Road the zoning changes to Light Industrial and Commercial and eventually to open space. Exhibit B REZ17002 Nottingham Road Short Term Overlay 3 Rezoning Review Criteria Analysis As outlined in Sec. 7.20.060(b), the RL district “is a mixed dwelling district intended to provide sites for single-family, two-family, and multi-family dwellings either in traditional neighborhoods or in a setting with a mix of dwelling unit types. This district implements the residential low density classification of the Avon Future Land Use Plan and can be located as a transitional use between lower density single family development and medium density or mixed-use development. Residential low density should be located along a local road.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. PZC shall use the criteria below as the basis for a recommendation on the Application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; The entire Purpose statement section from the Development Code (Section 7.04.030 - Development Code Purposes) is outlined for reference: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets Exhibit B REZ17002 Nottingham Road Short Term Overlay 4 and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. Staff Response: The application is compliant with the purpose statements of the Development Code. The character and primary use of the zone district would remain residential and consistent with the intent of the zone district classifications of the Town. Exhibit B REZ17002 Nottingham Road Short Term Overlay 5 (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application is generally consistent with the Comprehensive Plan, and supporting planning documents listed above. The property is located in District 9: Valley Residential District. The area includes all of the residential on Nottingham Road, Beaver Creek Boulevard, and the Aspens Village. Most of the other areas of District 9 also possess the STRO district as approved in 2009. The planning principles for this district deal primarily with improving connectivity, wayfinding, and pedestrian improvements. Staff is concerned that the changes to the area may bring transient people to an area with little walkability . However, the area has recently improved in walkability and is continuing to become more attractive to pedestrians. Pedestrian crossings are being added along Nottingham Road, as well as a new sidewalk on the north side of Nottingham Road will be installed to connect even more properties with essential services. General land use goals and policies from the Avon Comprehensive Plan worth noting include: Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year- round residential community and as a commercial, tourism and economic center. Policy B.2.2: Promote a wide range of residential uses throughout the Town. A common critique of short term rentals is that they limit the availability of housing for residents, and may drive up housing costs as speculative interests compete with locals for property. On the other hand, locals report that the ability to offer short term rentals of a spare bedroom allows them to stay in their house despite high costs of living. PZC should carefully weigh the overlay Exhibit B REZ17002 Nottingham Road Short Term Overlay 6 district’s benefits and the costs to the town before making a decision on this application. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is physically suitable for the proposed short term rental overlay district. Staff recognizes that there are negative externalities associated with incorporating a transient or vacation population into an area. Issues such as parking, trash, and noise must be considered, and staff feels that HOAs are the best equipped to decide appropriate rules on an individual basis. If properties are not comfortable with short term rental, their by-laws can reflect that. (4) Compatibility with surrounding land uses; Staff Response: The surrounding land includes commercial, light industrial, open space, and residential land uses. The STRO appears to be compatible on the scale proposed, and no major conflicts are anticipated. From a pedestrian perspective, the properties are somewhat isolated from the core of Town and other public amenities including minimal sidewalk connections and no current bus routes. Crossing Nottingham Road on foot is at minimum not compelling, and at worst dangerous. As mentioned above, some sidewalks and crossings are planned in coordination with budgeted road overlay projects. Guests would likely need to arrive by private vehicles and would need to travel by vehicle for any activity. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned; Staff Response: While the conditions of the area have not changed greatly, the online rental business has evolved rapidly. Since the STRO district was created in 2009, the environment for owners to market their properties and for guests in resort areas to shop for rentals has grown considerably. The barriers to rent out space are much lower due to new technology and it is a viable option for a wider variety of homeowners. This application responds to the changing ease of short term property rentals by extending the district to its last logical location in Avon. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: No additional facilities are required to serve the development if short-term rentals are allowed in this area. If individual HOAs conclude that they do not have enough facilities to serve short term rental uses, they can make that determination on their own. Exhibit B REZ17002 Nottingham Road Short Term Overlay 7 (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The Nottingham Road corridor has Residential Low (RL) and a single Residential Duplex (RD) zoned properties. According to the stated purpose of the RL district, it “can be located as a transitional use between lower density single family development and medium density or mixed-use development. Residential low density should be located along a local road.” According to the stated purpose of the RD district, “The RD district is established to accommodate single-family and duplex residential development either as single neighborhoods of similar units or in a development with a mix of unit types. This district implements both the residential low density and residential medium density classifications of the Avon Future Land Use Plan and should be located along a local road.” The STRO district is intended to “allow short term rentals of properties, including but not limited to accommodate, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties.” If the corridor was rezoned with the STRO district it would continue to be subject to all underlying requirements of the zone districts and generally consistent with the purpose statements of the RL and RD districts. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Staff does not anticipate any adverse impacts upon the natural environment compared to the existing zoning. No substantive changes to air, water, noise, etc. are expected. The nature of the use is still residential. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No substantial impacts to other properties in the vicinity are envisioned with a STRO district applied to the corridor. Future uses on the east side of Nottingham Road could intensify and include more residential development as permitted in the RL district, however the rezoning is not likely to impact those future adjacent uses. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: No PUDs are included within the STRO district. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Exhibit B REZ17002 Nottingham Road Short Term Overlay 8 Staff Response: The intensity of use is comparable to existing residential uses. Incremental changes to the character of the corridor do not increase demands on public facilities or infrastructure. Available Options 1. Continue the Public Hearing to a date certain, pending additional information. 2. Approve Findings of Fact and Record of Decision recommending that the Town Council approve the application, together with findings. 3. Approve Findings of Fact and Record of Decision recommending that the Town Council deny the application, together with findings. Staff Recommendation Staff recommends approval as explained herein. If amendable, PZC can direct Staff to prepare a formal Findings of Fact, Record of Decision, and recommendation to Council pursuant to Section 7.16.020(f)(3), Findings, to be presented to the Council for final action. Additionally, staff feels that the regulations pertaining to STRO are not adequately serving the community. Resort communities have struggled with this issue, and some are more sophisticated in their regulations to diminish some of the problems associated with short term rentals. While not in the scope of this application, an additional process that addresses further requirements of short term rentals across the entire STRO overlay district is recommended to reach a more comprehensive policy independent from this application moving forward. Recommended Motions and Findings: “I move to recommend Town Council approval of Case #REZ17002, an application for rezoning of Lots 6-9; 43-51; 70 and 70a, Block 1, Benchmark at Beaver Creek Subdivision, together with the findings of fact.” The following Findings may be applied: 1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria and Avon Comprehensive Plan, as outlined in the staff report for the October 17, 2017 public hearing; 2. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town; and 3. Short term rentals on the corridor would be compatible and pose negligible impacts upon the current and future potential uses of neighboring properties. Attachments Exhibit B 1 On Oct 19, 2017, at 2:35 PM, cameron clower  Hello,  I wanted to throw my opinion in on the short term rentals on Nottingham road as well as  Metcalf Rd.  I own a property in the Metcalf lofts that are up the road from Comcast and the industrial  section on lower Metcalf.  I Think there is NO reason whatsoever that we should not be allowed to short term rent our  properties.  I CAN NOT afford to live there without that option.   I am 47 years old and do not  want a roomate!  Renting on the weekends would be beneficial to me because I could afford to  pay my mortgage and still live in the home.    There is plenty of parking for these units and all have a private garage as well.  Plus it is in the  middle of an Industrial  area in Avon.  It is NOT fair that the rest of the town can rent short term while we can not!!!  Thank You,  Cameron Clower    Exhibit C 1 Sent: Tuesday, October 17, 2017 8:48 AM To: Matt Pielsticker Subject: Please Forward to PZC Commissioners for Tonight's Hearing on STR Good morning, Matt. I was hoping to attend tonight's PZC meeting concerning Short Term Rentals on Nottingham Road. Unfortunately, I may have a family matter that will keep me from attending. This email is sent to you with the request that you forward it to the Commissioners for their consideration for tonight's discussion. As full time residents on Nottingham Road, we ask the Commissioners to consider and make accommodations in the following areas before including Nottingham Road in the Short Term Overlay District: 1.Traffic: Nottingham Road has heavy side driveway traffic. It is already very difficult to enter Nottingham Road from the many driveways along the road. This problem is especially true during the rush hour from 7:30 to 9 a.m. Short term rentals will greatly increase the traffic volume, difficulty, and danger. Currently, 7:30-9 a.m. is difficult because of residents going to work. This traffic pattern will increase as short term renters will be going to Vail or Beaver Creek. A traffic light or other methods of disrupting the traffic flow in order to create breaks so that residents can enter Nottingham Road will become necessary. Nottingham Road is a major school bus route. The increased traffic will pose an added risk to the young children catching their bus on Nottingham Road and the buses stopping and starting will further complicate the traffic flow. 2.Water and Sewer: Eagle River Water and Sewer must be consulted to determine if there will be sufficient infrastructure and/or any negative impact on the infrastructure from allowing short term rentals along Nottingham Road. 3.Police, Fire and EMS: Naturally, the more people along Nottingham Road, the greater the call volume for all emergency services. Also, the increased traffic volume will impact the ability of emergency services to respond from the Nottingham Station. Again, traffic lights or other traffic control measures may become necessary. 4.Parking: Currently, there is no public parking area on Nottingham Road, nor any nearby overnight parking at Town of Avon parking lots. Notably, there are no signs on Nottingham Road stating no parking. The parking facilities at most complexes are fully maximized. Since most short term tenants will arrive in their own vehicle(s), consideration should be made as to where these people will park. 5.Trash: Some complexes have dumpsters, others still have trash cans. An increase in the volume of people staying on Nottingham Road will inevitably increase the amount of trash. The trash collection process of large trucks starting and stopping on Nottingham Road as well as pulling in and out of (which may entail backing up) will further exacerbate the travel issues stated above. 6.Density Limitations: All of the above concerns will be further impacted when the PZC follows through in the Town Council's recent instruction for the PZC to reevaluate and expand the density limitations in Avon. Thank you for your consideration of the impact of short term rentals on Nottingham Road. Please keep this small section of Avon along Nottingham Road a truly residential area. Nancy Adam Resident at Unit 3 at Sunnyside at Avon, 220 Nottingham Road, Avon, CO Exhibit C 1 From: David Collins     Sent: Wednesday, September 27, 2017 5:39 PM  To: Matt Pielsticker  Subject: Short term rentals  Hi,   My name is David Collins.   I am just writing you to say that I am in favor of the short term rentals on Nottingham  road.  My wife and I have lived at 730 Nottingham rd.  for over ten years.  Sent from my iPhone  Exhibit C 1 From: Kerri Thelen Sent: Sunday, September 10, 2017 9:04 AM To: Debbie Hoppe Subject: RE: Short Term Rentals In Avon-Nottingham Hello, Derek George asked us to share our thoughts and opinions on the issue. As a Avon home owner and bunnies owner we are for short-term rentals. It is my understanding the TOA is requesting all home owners that participate in this activity to register as a business. This seems reasonable to us. We would like to see Nottingham have the same rights and privileges as other areas in Avon. We are requesting that the town allow Nottingham Rd. to offer short-term rentals. Please let me know if I can answer any other questions for you. Sincerely, Kerri Thelen 220 Nottingham Rd. #2 Sunnyside Town Homes Exhibit C 1 From: Kevin Hyatt Sent: Wednesday, September 06, 2017 11:46 AM To: Avon Council Web Subject: STRO for Nottingham Rd Hello , I am writing to state my support for the STRO on Nottingham rd. I see it as a positive for myself and my neighbors to have this capability, just as other citizens of the town do. Individual properties should be able to control the uses that go on in their respective borders. Thank you Kevin Hyatt Exhibit C Exhibit C Exhibit C 1 From: Danielle Miller Sent: Monday, September 04, 2017 2:56 PM To: Avon Council Web Subject: Nottingham Road Rental Issue Hello all,   I own a residence on Nottingham Rd and would like to encourage the council see the benefit in allowing short  term rentals. It allows the homeowners to reside at their properties with the extra advantage of using their  homes when not home for short term rentals.   I have not rented my property out, ever. But if the day does come where I would choose to do so, it would be  nice for the opportunity.   Thank you,   Active homeowner and member of the community  Danielle Miller   Exhibit C 1 From: Debbie Gibson Sent: Monday, September 11, 2017 9:30 AM To: Debbie Hoppe; Avon Council Web Subject: September 12 Nottingham Road Rental Input Avon Town Council,  I am writing to offer my comments on the Nottingham Road short‐term rental issue to be discussed at the September  12th, 2017 Town Meeting.    While I am sympathetic to the need for long‐term rentals in the valley, I do not believe that it is the responsibility of a  few  private residence owners on Nottingham Road to solve that issue for the towns and businesses.  They should have  the same right as town core property owners to rent to anyone they choose and pay the proper taxes to the town.  The  overlay only excludes this road which I understand was an original oversight.  From my understanding, it was originally  included with Wildridge.  Wildridge was dropped because it was part of a PUD, but Nottingham Road should not have  been.  While we would not short‐term rent and would prefer to have a long‐term tenant, we would like to have the  option to short term in the future.  If the rentals were allowed, it would not affect properties whose HOAs do not allow  them.  Those few who do not have HOA restrictions should not be responsible for solving the need for long term housing  for the community.  That needs to be addressed by Vail Resorts, the towns and business owners and not fall on the  shoulders of a few small property owners trying to offset the cost of living in this expensive community.  I am in support of short‐term rentals on Nottingham Road.  ‐520 Nottingham  Thank you!  DEBBIE GIBSON CURTIS | BROKER ASSOCIATE Slifer Smith & Frampton Real Estate 970.470.3866 | LiveinVail.com Download My Real Estate App Exhibit C 1 From: Ralph Demasi Sent: Monday, September 11, 2017 12:49 PM To: Matt Pielsticker Subject: nottingham rd rentals hi my name is ralph d ive lived on nottingham rd at grandveiw for 13 years. i dont see anything wrong with being able to rent your owned property for whatever price you like .Everything is so expensive the little guys should get chace make money not just real esates agents.thanks ralph d. Exhibit C 1 From: Irish Boston  Sent: Tuesday, September 12, 2017 1:56 PM  To: Matt Pielsticker  Subject: Short term rentals on Nottingham in Avon  Hello,        My husband and i recently moved to Gypsum from the Avon area (eagle‐vail).  We feel strongly that short term  rentals should be allowed in the Nottingham Rd area because we saw what it was like when the 'illegal' short term down  the street was rented without regulation.  The property was always plowed and mowed but the blinds inside were  broken at several windows, lights were routinely left on for days between rentals and the back deck was frequently  abused.  Allowing short term rentals will allow the town enforcement and standards that will help the tourists know an  avon rental is one of quality and also ensure that the property owners are protected against misuse.    Thank you for your time and good luck!!  Irish Boston  Sent from my iPhone  Exhibit C 1 From: terry Sent: Sunday, September 10, 2017 7:12 AM To: Matt Pielsticker Subject: Nottingham Road Zoning September 10, 2017 To Avon Town Council, This summer we came to visit our family whom lives on Nottingham Road. While there I read the article in your local newspaper "Notttingham Road Rentals", residents are asking the Town Council to have the zoning law change on Nottingham Road to allowed homeowners to applied for a BB or short term rentals applaction. Our family loves to visit Avon and look forward to be able to stay as close to our family or dear friends as possible. We find It a challenge to find the right accommodations or not able to even fine a place to stay in Avon because of full hotels. I'm just the visitor, that enjoys to come to sunny Avon, and find this "short term rentals" a very welcome alternative way to enjoy our visit with family in your town of Avon. Best Regards, Terry Curtis Terry Curtis 3-12th Ave Haverhill,MA TC Exhibit C 1 From: Tyler Heins    Sent: Tuesday, September 12, 2017 5:14 PM  To: Matt Pielsticker  Subject: Short term rentals on Nottingham  To whom it may concern,  As a owner at 410 Nottingham rd unit b. I fully support the rezoning of Nottingham to allow short term rentals, and find  it unfair that just because we are on the other side of the interstate that we are treated differently. As home owner I  feel that i should be able to do with my home as I wish. As the rest of the town may because of a zoning issue.  These are  my thoughts on the issue.  Thanks Tyler Heins  Sent from my iPhone  Exhibit C 1 From: Igor   Sent: Tuesday, September 12, 2017 4:44  PM To: Debbie Hoppe  Cc: Matt Pielsticker  Subject: Short term rentals  Hello, I would like to express support for allowing short term rentals on Nottingham road.  Igor Gavrilov  Owner  231 Nottingham rd Unit E  Exhibit C 1 From: sye curtis Sent: Tuesday, September 12, 2017 8:23 AM To: Avon Council Web; Debbie Hoppe Subject: Nottingham short term rental I am writing in support of short-term rentals on Nottingham Road. We should have the right to decide who can rent our property and HOA's should have the right is disallow if they choose. The benefits to homeowners and the town outweigh any negatives. Thank you, Sye Curtis 520 Nottingham Exhibit C 1 From: Dave Rice Sent: Monday, September 11, 2017 8:35 PM To: Avon Council Web Subject: Nottingham Road To whom it may concern. My name is David Rice and it has been brought to my attention that there is to be a meeting regarding short term rentals in Avon soon. I lived in the Vail Valley for many years. I owned a business in Edwards and have been involved with Moe's Original Bar-B-Que nearly since it's inception. When I lived in the Valley there was no such thing as short term rentals. Therefore, it could be somewhat difficult to find reasonable accommodations for family and friends. Short term rentals allow people of normal means the ability to afford a vacation in the Vail Valley. They also allow families or groups the ability to stay together. I have brought my family to the Vail area every year since I have left. It is nice to have an option to be able to make somewhere your 'home' for a stay rather than having to deal with getting in and out of hotels. We still spend plenty of money at restaurants, grocery stores, etc.. It is my hope that the council will look at this issue from the side of people like myself and the people that are operating short term rentals and do the logical thing and approve that the Nottingham home owners by allowed to use their homes as short term rentals. Thank You Sincerely, David Rice Exhibit C 1 From: Suzanne Jones Sent: Monday, September 11, 2017 9:24 PM To: Avon Council Web Subject: Nottingham STRO Dear Committee, In reference to Short Term Rentals in Avon, Co. After living in the Vail Valley for several years, I have been back to vacation at least once a year with my family. The prices in Vail for hotels are crazy expensive and there is no way I could ever afford this for my family. Short term rentals make it possible for us to make a vacation in the Valley, without this option we would not be able to afford this yearly vacation. While we are visiting we are eating meals out, buying groceries and skiing on the mountain, etc. supporting the Vail Valley. Also, we find the short term rentals much more comfortable as a family, other than staying in hotels or lodges. Our short term rental experiences have been fantastic, if this rental option were not available then we would not be able to vacation in Vail. After reading the Vail Valley News, I was shocked by the headline story of eliminating short term rentals, this is a must in the Vail Valley. I sincerely hope it is the committees decision to approve for short term rentals in Avon, so families like mine can continue to enjoy the Vail Valley as we have for years. Sincerely, Suzanne R. Jones Exhibit C Ordinance 17-16 | Riverfront PUD and Subdivision November 14, 2017 Town Council Meeting 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: November 14, 2017 Meeting Agenda Topic: First Reading of Ordinance 17-16, Approving a Vested Property Rights Extension and a Minor PUD Amendment for Lots 4-7, Riverfront Village PUD and Subdivision ACTION BEFORE COUNCIL Action on First Reading of Ordinance 17-16, and Ordinance approving Vested Property Rights Extension and a Minor PUD Amendment for Lots 4-7, Riverfront Village PUD and Subdivision. SUMMARY Two separate development applications are before Town Council for action by a single Ordinance (Exhibit A). The attached narrative and cover letter (Exhibit B) outline the requests to extend the vested property rights and amend the allowable development standards and design guidelines for Lots 4-7, Riverfront PUD and Subdivision. The Minor PUD Amendment was reviewed by the Planning and Zoning Commission (PZC) at their October 17, 2017 meeting. The attached PZC materials (Exhibit C) document conformity with the applicable review criteria as well as recommended conditions. Staff is recommending further refinement to the Minor PUD conditions of approval, and that language is included in the recommended motion below. The attached Ordinance incorporates the accompanying Vested Property Rights Extension application, which is being reviewed and acted upon concurrently as an amendment to the development agreement. The remainder of this report outlines the Vested Property Rights considerations for Town Council. VESTED PROPERTY RIGHTS The process for a Vested Property Rights application public hearing and Ordinance approval by the Town Council. It also requires a different set of review criteria than the PUD amendment, as outlined below: (i)The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii)Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; (v)Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; Ordinance 17-16 | Riverfront PUD and Subdivision November 14, 2017 Town Council Meeting 2 (vi) Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; (viii)The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Staff Response: The great recession immediately followed the completion of the first phases of the Riverfront Subdivision, and until recently, economic conditions have prevented the successful completion of the project. Most of the public amenities and benefits associated with the Riverfront PUD were “front- loaded” and completed at the inception of the development. The Riverfront PUD and Subdivision resulted in several public improvements including: Riverfront Lane road and sidewalk construction, riverfront park parcel deeded to the Town with high amenity regional path construction, gondolas, public plaza and restrooms, and the provision of money towards the Town’s affordable housing efforts. Aside from the public benefits and amenities already completed for the project, additional benefits are being proposed with the Minor PUD Amendment application. Development on the far western side of the project would be limited by a platted easement for a future trail that could connect Riverfront Lane to the riverfront path. Additionally, two (2) units within the condominium building would be deed restricted and occupied by Eagle County employees. Both of the proposed benefits stem from early discussions between staff and the applicant, and directly achieve goals from the Comprehensive Plan. Staff finds that an extension of three (3) years is warranted based upon the economic realities of resort development that resulted from the great recession, as well as the numerous public amenities and benefits that have been provided in Riverfront. An extension would help to facilitate the completion of the project in a reasonable timeframe, and guarantee the rights for current and future owners of the project. AVAILABLE ACTIONS 1) APPROVE First Reading of Ordinance 17-16; thereby upholding PZC’s Decision and recommendation for approval of the Minor PUD, approving the Vested Rights Extension, and setting the public hearing for December 12, 2017. 2) CONTINUE First Reading of Ordinance 17-16 to the December 12, 2017 meeting. 3) DENIAL with motion and vote to deny the application(s). Ordinance 17-16 | Riverfront PUD and Subdivision November 14, 2017 Town Council Meeting 3 RECOMMENDED MOTION AND ACTION “I move to approve First Reading of Ordinance 17-16, approving the Vested Rights Extension and Minor PUD Amendment, with the following language added to the General Notes on the PUD Development Plan (Exhibit B to Ordinance 17-16): 1.Owner shall provide an easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane. The easement(s) will be provided concurrently with the first Development Plan proposal for Lot 4, and which easement(s) shall allow for the construction of a hard surface trail path for pedestrian, bicycle and other passive recreation use that is similar in width, grade, surface, construction and appurtenances as other passive recreation hard surface trails in Avon. 2.Owner shall convey deed restrictions for two (2) residential units in the Condominium Building to the Town of Avon as a condition of receiving any certificate of occupancy, the residential units shall be each a minimum of 800 sq. ft., the deed restriction shall be permanent, recorded at the Eagle County Clerk and Recorders office, shall limit the use of the residential units to occupancy by persons employed or working full-time in Eagle County (defined as working at least 32 hours per week for at least 8 months in a calendar year), and the form of the Deed Restriction shall be acceptable to the Town of Avon and shall be consistent with other Deed Restrictions conveyed to the Town of Avon with similar terms.” ATTACHMENTS Exhibit A: Ordinance 17-16 w/exhibits Exhibit B: Application Narratives and Design Guideline Amendments Exhibit C: PZC Materials for Minor PUD Amendment Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD Nov. 14, 2017 – FIRST READING Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE 17-16 AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS AND APPROVING A MINOR PUD AMENDMENT FOR LOTS 4-7, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, East West Resort Development XIV, L.P., L.L.L.P (“Applicant” and “Owner”) has submitted a Vested Property Rights Application (“Vested Rights Application”) to amend the term of vesting outlined in the Amended and Restated Development Agreement for the Confluence approved by Ordinance 06-03 (“Development Agreement”), currently set to expire March 14, 2018; and WHEREAS, the Vested Rights Application amends Section 2.2. of the Development Agreement to extend the expiration date for an additional three (3) years to then expire March 14, 2021; and WHEREAS, the Applicant submitted a concurrent Minor PUD Amendment Application (“Minor PUD”) to amend the development standards and design guidelines for Lots 4-7 of the Riverfront Subdivision PUD Development Plan (“Project”); and WHEREAS, the Vested Rights Application and Minor PUD are being reviewed and processed concurrently pursuant to Avon Municipal Code §7.16.020(b)(4), Concurrent Review Permitted; and WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property Rights, the Town Council finds the Vested Rights Application eligible for consideration since the Application was submitted at least six (6) months prior to the expiration of the Vested Property Rights approved by Ordinance 06-03; and WHEREAS, the Town Council of the Town of Avon held public hearings on November 14, 2017 and December 13, 2017 after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided before acting; and WHEREAS, the Town Council makes the following specific findings as the basis for its decision as required by Avon Municipal Code §7.16.020(g)(3): Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD Nov. 14, 2017 – FIRST READING Page 2 of 4 A. The Vested Rights Application meets the review criteria set forth in Avon Municipal Code §7.16.140(e)(2); specifically: 1) Property values and the real estate market experienced a significant downturn for several years, commencing locally in early 2009 and continuing for several years during the initial vested rights period and market conditions for the construction of new multi-family residential product have improved only recently; and, 2) There have been no changes to the Avon Comprehensive Plan or other community planning documents that affect the Project as originally approved in 2006; therefore, the project continues to comply with the Avon Comprehensive Plan and other community planning documents; and, 3) The Project has provided public amenities through the dedication of land for the Eagle river path, water rights dedications, river path construction, landscaping improvements, and employee housing mitigation; and, 4) The extended duration of the vested property rights for an additional three (3) years is reasonable considering the local, state and national economic recovery and local market conditions for new construction of residential product. WHEREAS, the Town Council makes the following specific findings as the basis for its decision on the Minor PUD as required by Avon Municipal Code §7.16.020(g)(3): A. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development. B. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD. C. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinance. Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD Nov. 14, 2017 – FIRST READING Page 3 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the follow Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Development Agreement Amendment. The Amendment to the Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the Amended and Restated Development Agreement: The Confluence. Section 3. Riverfront Minor PUD Amendment Approved. The Riverfront Subdivision PUD Development Plan, attached hereto as Exhibit B, is hereby approved and the Mayor and Town Clerk are authorized to execute the PUD Plan Amendment. Section 4. Recording. The Town Clerk shall cause the fully executed Amendment to the Amended and Restated Development Agreement: The Confluence and the Development Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be recorded at the Eagle County Clerk and Recorder’s Office. Section 5. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 6. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that the Ordinance bears a rational relation to the proper legislative Exhibit A Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD Nov. 14, 2017 – FIRST READING Page 4 of 4 object sought to be obtained. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 14, 2017 and setting such public hearing for December 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on December 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 1 of 3 EXHIBIT A: AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT The Confluence THIS AMENDMENT to the Amended and Restated Development Agreement The Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on December 12, 2017, by and between East West Resort Development XIV, L.P., L.L.L.P. (“Owner”) and the Town of Avon, a Colorado home rule municipal corporation (“Town”). WHEREAS, the Owner applied to the Town for an extension of the vested property rights for Lots 4-7, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 17-16 on December 12, 2017. NOW, THEREFORE, in consideration of the foregoing and the terms in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Town agree as follows: 1.Section 2.2 Term is hereby amended to add the following language, “Notwithstanding the foregoing, Owner and the Town agree that the Term of this Agreement and the vested property rights established under this Agreement shall continue until March 18, 2021 for Lots 4, 5, 6 and 7, Riverfront Subdivision.” 2.All other terms of the Agreement shall remain the same. [SIGNATURE PAGES FOLLOW] Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 2 of 3 OWNER: East West Resort Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability limited partnership Its: Manager By: HF Holding Corp., a Colorado corporation Its: General Partner By:_____________________________ Name:___________________________ Title:____________________________ STATE OF ___________ ) ) ss: COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ____________________, 2017, by _________________________ as ________________ of _____________________________, a ____________________. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 3 of 3 TOWN: TOWN OF AVON, a Colorado home rule municipal corporation By: ___________________________ Attest: __________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on ___________________, 2017, by Jennie Fancher, as Mayor of the Town of Avon, and Debbie Hoppe, as Town Clerk of the Town of Avon. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A ƅĈȾĈǸȀȉǻĈŋŒɑƪŒľŋǖľȗȯɑ     `¥ ú%'ɑ ɑ "ɑ *! Ų¸<ɑ×"-ɑ d…4 N "  * †¨<ɑYg 0  dc4 Ĺ& Ť 07=ɑ! ɑg \0$=ɑ "ɑ[f! 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D#?DDD<,&7D D D1-D-AD D .>35D-D   DD   D       Exhibit B Exhibit B RIVERFRONT VILLAGE Minor PUD Amendment Minor PUD Amendment Submitted: Lots 4, 5, 6 and 7 | Riverfront Village PUD September 29, 2017 Updated 10/26/2017 Exhibit B 2 | Page A. INTRODUCTION The applicant and owner East West Resorts Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as a limited liability partnership (“EWRD”) is hereby requesting a Minor PUD Amendment to amend Lots 4, 5, 6 and 7, of the Riverfront Subdivision. As represented in Exhibit A to Ordinance 06-03 (see Sheet 3 of 3 below) the PUD Development Plan currently in effect identifies specific building footprints for Lots 4, 5, 6, and 7. The specific development plan and density represented is no longer valid and economically feasible in present day conditions. The goal of the request is to amend the exhibit and allow for a range of residential units and density in the development plan in order to provide greater flexibility. This will allow the plan to adapt to market conditions. We propose that densities could range from 40 to 108 units depending upon the development plans to be submitted. This maintains the density in the current PUD for Lots 4-7 while allowing flexibility for a reduced density of 40 units. Sheet 3 of 3 of Riverfront Subdivision – Exhibit A to Ordinance 06 -03 *Note specific building outlines and footprints proposed on Lots 4, 5, 6 and 7 that are included in the development plan. These outlines are proposed to be removed from Exhibit A. Exhibit B 3 | Page Specifically, the applicant is requesting the Town of Avon to remove Sheet 3 of Exhibit A of the PUD Development Plan and replace with new exhibits showing a subdivision plan with no specific building footprints and no internal lot lines consolidating lots 4-7 into one single ‘new’ Lot 4 that preserves most of the existing easements assigned in the PUD. Preliminary level subdivision plat maps are included as part of this submittal showing the removal of internal lot lines for Lot 4-7 while maintaining existing easements and setbacks, with the exception of vacating a driveway & utility easement specific to Lot 7. New sheet for Exhibit A of PUD Development Plan showing all lots (existing and proposed). New sheet of Exhibit A showing new Lot 4, with all existing easements reflected Exhibit B 4 | Page The applicant is also requesting minor amendment to Sheets 1 and 2 of Exhibit A, consisting of eliminating references lot 5,6 and 7 to the table on sheet 1 and minor adjustment to the architectural guidelines on sheet 2. Sheet 3 has been updated to show a new subdivision plan with Lot 4 boundaries consistent with the requested PUD amendment. Minor amendment of Architectural Guidelines: The following amendments to items 5 and 6 of PUD Design Standards, Section IIIA Architectural Design Guidelines ‘Building Form and Massing’ are proposed to introduce more flexibility in the architectural expression of the future development, deliberately leaning towards a’ fresh’ mountain contemporary aesthetic with clean and simple forms, materials, and details: (reference bold italicized text for new proposed text additions). 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials, textures and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 2:12 to a maximum of 8:12. Secondary roofs—such as at dormers, porte cocheres, building protrusions, and similar additive forms—may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs may be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. Likewise, amendments to items b). and c) of PUD Design Standards, Section IIIC Architectural Design Guidelines - Exterior Materials, Details, and Colors are proposed to allow greater flexibility in the style of architecture and leaning towards the mountain contemporary. These include: (reference bold italicized text for new proposed text additions). b) Stucco conveys mass in a subtle, “quiet” way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure longevity when it comes near the ground plane at building walls. Greater variation in materials for Town Homes is contemplated with less reliance on use of stucco in lieu of use of recycled and other siding materials. c) Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal may be used for primary roof planes, and for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. Exhibit B 5 | Page Aside from the items requested in this Minor PUD Amendment, all other aspects of the current PUD remain unaltered and in effect for all Lots that are part of the PUD. The property is 18.9 acres and is surrounded by the Eagle River to the south, Riverfront Lane to the north, the Westin Timeshare building to the east and Eagle River Water and Sanitation District land to the west. The Eagle Valley Regional Trail and the Riverfront park that border the site to the south are part of the program of amenities and public benefits that have been implemented as part of the Riverfront PUD. The proposed Minor PUD amendment respects most setbacks and easements that are currently in place. The PUD amendment proposes only to eliminate the driveway and utility easement for Lot 7, since the Lot becomes part of Lot 4. There is no proposed change in land use or density increase. A range of density from 40 to 108 units is requested to provide greater flexibility for the development to adjust to market conditions. Preliminary development concepts will be shared with the Town during the minor PUD amendment review demonstrating the intended development plan consistent with the requested PUD amendment. The remainder of this narrative provides an evaluation of the proposed Minor PUD amendment against the criteria for review as set forth by the Town, as well as an analysis of compliance against the Town’s Comprehensive Plan and Development Code. Exhibit B 6 | Page B. CRITERIA FOR REVIEW Section 7.16.060. (e)(4) establishes the criteria for review of a PUD amendment. Section 7.16.060(e)(4) states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in the over what could have been accomplished through strict application of otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in the open space provision and access: environmental protection; trees / vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: The proposed minor amendment to the Riverfront Village PUD is to remove the specific development plan and allow a range of density from 40 to 108 units. This request will provide greater flexibility for the development to adjust to market conditions. The request is appropriate as it respects the majority of original easements and setbacks of the property, and remains consistent with the original approval of the Riverfront Village PUD. The PUD amendment will allow greater flexibility for the coordinated development of the land area within the existing four lots. Eliminating specific building footprints, may allow a reduction in the overall size, bulk and mass of the proposed condominium buildings. A greater variety of townhome development with a functional and efficient layout through- out the site taking advantage of the views, topography and adjacencies of Lots 4-7 of the PUD may be possible with greater flexibility in the density. The amendment will allow future development to apply different units and development prototypes that are more appropriate for present day market conditions and demands. The amendment preserves and honors the town’s 75’ riparian stream setback, and the riparian and recreation corridor previously established by the Riverfront Village is maintained. Additionally, trees and vegetation will be maintained or mitigated. Furthermore, an easement for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane will be provided by the applicant concurrent with the first development plan proposal for Lot 4. Lastly, it is also the intent of the applicant to deed restrict two condominium units. These units will be deed restricted as follows: two units in the condominium building, each a minimum of 800 sf will be permanently deed restricted to employees working full time for an Eagle County employer by form approved by the Town of Avon. Deed restrictions must be executed prior to temporary certificate of occupancy (TCO) of the condominium building. This would be in addition to the $846,000 Employee Housing Contribution that was part of the original PUD in 2006. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: All aspects of the current Riverfront Village PUD remain in place and in effect as originally approved in 2006. The PUD amendment only seeks flexibility in density for Lots 4 – 7, to allow a revised development concept but otherwise remains consistent with the overall vision and residential land uses for the area within Lots 4-7. Remaining consistent with the original PUD will Exhibit B 7 | Page promote the public health, safety, and general welfare of the Town. Open space is being preserved and public river access is being maintained and possibly enhanced via this Minor PUD Amendment application. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7. I 6.060(b); The eligibility criteria for a PUD are outlined in Section 7. I 6.060(b) and state the following: (I) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent the proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7. I 6.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Benefit. A recognizable and material benefit will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district (7) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. Applicant Response: As demonstrated within this document, all aspects of the current Riverfront Village PUD remain in place and in effect as originally approved in 2006 and therefore the PUD amendment is consistent with the Avon Comprehensive Plan and the eligibility criteria outlined in §7. I 6.060(b) and the purpose of the Town’s Development Code. The PUD amendment seeks greater flexibility in density as well as minor revisions to architectural guidelines of the PUD Development Plan as described in the introduction. No deviations or variances from the Town’s Development Code are proposed nor anticipated in association with the minor PUD amendment. The proposal is consistent with the eligibility criteria for a PUD given the conformance and adherence to all aspects of the original PUD Development Plan approval granted in 2006. Exhibit B 8 | Page The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; Exhibit B 9 | Page (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (I) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. Applicant Response: As demonstrated within this document, the proposal is consistent with and in substantial compliance with the purpose of the Development Code by allowing greater flexibility in overall density that is currently allocated for Lots 4-7. The proposal will maintain setbacks to the sensitive riparian area within the 75’ stream setback that will remain mostly open space, with the potential for a new easement at the west end to allow for additional connectivity from Riverfront Lane to the Eagle Valley Regional Trail which will be provided by the Town in the future. No deviations or variances from the Town’s Development Code are proposed nor are anticipated in association with the minor PUD amendment. The ultimate development plan will meet the goals of Avon’s Comprehensive and Development codes by providing a development concept that promotes quality real estate compatible with surrounding land uses and fulfills the vision of the Riverfront Village PUD. Further, the applicant intends to deed restrict two of the future condominium units as previously discussed in this application. This would be in addition to the $846,000 Employee Housing Contribution that was part of the original PUD in 2006. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable will be available to serve the subject property while maintaining adequate levels of service to existing development; Applicant Response: Facilities are in place and available per the current development in place at Riverfront Village PUD and the infrastructure and service network is already implemented in anticipation of the full build-out for the PUD. All utility and access easements (except access easement for Lot 7) in place and originally established by the original PUD are being honored and preserved. Exhibit B 10 | Page (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, Including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: Given the proposed flexibility in density from the current PUD underlying zoning, the PUD amendment proposal is not likely to result in significant impacts to the natural environment. The existing easements including the 75’ stream setback will be maintained and respected with potential enhancement of the edge along the Eagle Valley Regional Trail. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Applicant Response: The proposed PUD remains consistent with the current PUD in effect, with the same land use assignments and similar condominium and town home development concept. Only greater flexibility in the overall density is proposed, which is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Applicant Response: The proposed amendment is to allow greater flexibility in the overall density of development in the areas occupied by Lots 4-7. The proposed range of density of 40 to 108 units will allow the applicant to create a development plan that responds to current economic and market conditions. The density is not increased per the original PUD approval and there is no change in the existing underlying residential land use. Therefore the uses on the subject track will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Exhibit B Riverfront Village October 2017 Design Standards Page 1 of 6 R I V E R F R O N T V I L L A G E Avon, Colorado DESIGN STANDARDS February 14, 2006 (Updated October 2017) I. Vision Statement for Riverfront Village A. Scope of Design Standards 1) The following Design Standards for Riverfront Village have been established to ensure the overall quality and compatibility of the Village with the Town of Avon and its riverfront site. In general these Standards shall apply to all buildings and plaza areas within Riverfront Village, with the exception of the Hotel building, or as otherwise noted. 2) An important aspect of the Riverfront Village vision is responsible care for the environment and sustainability of the architecture and landscape. To this end, best efforts will be made to meet the principles set forth in the LEED (Leadership in Energy and Environmental Design) Green Building System for the Hotel. In addition, all other buildings within the Village will be designed with sensitivity to the sustainability aspects of site and architectural design. B. Architectural Theme 1) Riverfront Village represents an important interface between the Town of Avon and Beaver Creek Ski Resort. It is envisioned as a lively gathering place connecting the river, mountain and town- a pedestrian friendly environment where townspeople and guests can stroll from Avon’s western Town Center, through the resort retail plaza, to ride the gondola up to the mountain or to step down to the river. 2) The village is situated on the seam between the town and the mountain landscape and should therefore strike a balance between the two environments, creating an architectural expression that captures both alpine and townscape traditions. To achieve this balance, the architecture shall take advantage of materials inherent to successful mountain resort architecture—such as stone, wood, and other natural materials, combined with more contemporary materials such as stucco, metal, and recycled products. 3) The Architectural Theme will also feature the use of large areas of glass, clean building forms based on pure geometries, strong, simple but honest detailing (not overly rustic, “heavy,” or overstated), and the bolder proportions appropriate to the larger scale of the Town. C. Design of Public Spaces 1) A public plaza will be used to link the Town of Avon to the Eagle River. This link should be reinforced in both a physical and perceptual way through the use of Exhibit B Riverfront Village October 2017 Design Standards Page 2 of 6 paving materials, landscaping, and sensitive spatial planning. Spatial planning shall include components that reinforce the connectivity of the Town to the River, and avoid elements that act as barriers to this connection, such as planter walls that block pedestrian flow, landscaping that screens the visual connection between Town and River, etc. D. Pedestrian orientation 1) A pedestrian corridor, connecting the town to a retail plaza with gondola, will gracefully transition from the plaza to the riverfront promenade by way of a staircase and stepped terraces merging with the natural landscape. This transition will avoid barriers from the Town to the River, and include elements which reinforce this connection, including similar paving materials, wide pedestrian ways that encourage movement, active signage and wayfinding, and a gracious grand stair with oversized treads and minimal risers. 2) Pathways shall also create a network within the Village itself, linking the different buildings along the length of the site and providing pedestrian access to defined access/gathering points along the River. The Plaza and pathways within Riverfront Village should encourage a pedestrian-friendly environment. E. View Corridors 1) A primary southern view corridor to the mountains shall be maintained from the eastern railroad crossing through the public plaza to help reinforce the connection between the Town and the ski mountain. 2) An east-west view corridor along the Eagle River will also be maintained through the preservation of a 75-foot river setback throughout most of the site, with limited minor encroachments as allowed in the development plan. In addition, the Riverfront Park will act as a natural corridor along the river edge portion of the Village and act to enhance this view corridor. F. The Natural Environment 1) The Eagle River is a primary amenity for the Town of Avon and Riverfront Village. Links to the River shall be developed as special pedestrian ways to help activate this wonderful amenity. 2) The 75-foot river setback will be largely left in its natural state, and certain defined river access and gathering points should be created along the linear riverfront path. 3) In general, additional plantings within the river setback will be riparian in character and relate to plantings indigenous to river edge environments. More formal planting areas -- such as small sections of lawn, however, are encouraged at special gathering and access points to highlight these more formal features. Formal plantings featuring annuals are not permitted within the 75-foot setback. 4) In an effort to enhance the natural environment, site walls and site walkways should become more “organic” as they approach the river edge portion of the Exhibit B Riverfront Village October 2017 Design Standards Page 3 of 6 Village. Any walls installed south of the bike path shall be limited to boulder walls. Accessibility shall be considered when designing walkways. II. Site and Village Guidelines A. Primary Building Entries 1) Primary building entries shall be emphasized as welcoming portals through careful attention to massing, scale, and materials. This will ensure that Riverfront Village will not turn its back to Avon. Portals will be scaled to encourage pedestrian movement through them—and avoid overwhelming or diminutive massing—and they will be treated with materials that enhance this experience. The front doors of buildings should be treated in interesting ways, either through the use of glass or special designs and materials that provide interest to these special areas of each building. 2) Massing of entries shall relate to the overall massing of the buildings but be presented as special forms different than typical building bays. Sensitivity to scale should be considered when transitioning from the overall larger building mass to the more intimate scale of the pedestrian visitor. Designers are encouraged to use materials in interesting ways at primary building entries to reinforce their unique role as part of the building and as part of the overall Village streetscape. B. Solar Access 1) A solar access study shall be required for buildings exceeding 3 stories in height. These studies will convey shading impacts at summer and winter solstice (Jun 21 and Dec 21), and at vernal and autumnal equinox (Mar 21 and Sept 21). C. Site Materials and Colors 1. Plaza materials a) Rustic materials common in mountain towns and/or a more contemporary interpretation of these materials such as cut stone pavers, colored concrete pavers, and stained or colored concrete slabs are appropriate to the Village. Colors shall be complementary to the site and its architecture, avoiding bright or brilliant hues that distract from the pedestrian experience. 2. Site walls a) Site walls shall make use of more contemporary materials such as colored concrete masonry, stained concrete, board-formed concrete, and similar materials, in colors complementary to the site and its buildings. Site walls shall relate to plaza materials and building bases to help visually merge the ground plane around the site. D. Site Signage – Design, materials, and colors 1) Site signage shall be designed to help animate the plaza and be consistent and compatible with the design and materiality of the buildings. Site lighting will also be used to enhance the pedestrian experience at the Plaza level. Exhibit B Riverfront Village October 2017 Design Standards Page 4 of 6 III. Architectural Design Guidelines A. Building Form and Massing 1) In general the form and massing within Riverfront Village will follow the intent of the Town of Avon Design Guidelines by incorporating form articulation to avoid the monolithic. However, specific buildings within the Village shall be subject to less or more stringent requirements relative to building form and massing as identified within this document to form a coherent, pleasant composition for the entire neighborhood. 2) Smaller masses, such as portions of the building or elements such as porte cocheres, etc, will be used to break up the apparent size of larger building forms. Smaller masses positioned in front of large masses will be used to reduce the visual dominance of the larger forms. 3) The development of building bases will help to tie together individual buildings within the Village and will also tie the Village to its riverfront site. Site walls, and other site features shall relate to building bases in a way that reinforces visual connectivity to the ground plane. The plaza and gondola terminal, with its cantilevered structure will stand out as an elevated element from the south, drawing people up from the river. 4) In general the middles of buildings will be more visually subtle, but broken by primary and secondary elevation features and material accents that help to avoid monotonous facades. On any given elevation at Lots 1, 3, and 4, 80 percent of the vertical wall area will be permitted to be within the same plane, with a minimum of 2-foot offset for plane changes. Vertical forms comprised of stacked decks and balconies will be considered plane changes. At Lots 5, 6, and 7, 70 percent of the vertical wall area will be permitted to be within the same plane. 5) The roofscape of Riverfront Village is also critical to the success of the neighborhood and its relationship to the Town of Avon. The visual coherency of the Village should be reinforced through the use of similar and compatible roofing materials and colors throughout the Village, helping to knit the individual buildings together when seen from the Gondola or Beaver Creek above. 6) Pitched roofs expressive of an alpine tradition and the incorporation of dormers, shed roofs and chimney forms, should be employed, while allowing variation in roof pitches to break up building mass and height. Primary roofs will have pitches ranging from a minimum of 42:12 to a maximum of 8:12. Secondary roofs—such as at dormers, porte cocheres, building protrusions, and similar additive forms—may be flat, but only if they are finished in materials similar in quality to roof or wall materials on the building, such as pavers, colored stone, etc. When secondary roofs are pitched roofs, the minimum pitch required shall be 2:12. Flat roofs are notmay be permitted for primary roof forms in order to help address views and reduce overall height of buildings along the river interface. Ideally flat roofs should be developed as terraces and other functional spaces. 7) Given the modern alpine character of the architecture at Riverfront Village, relatively small roof overhangs are encouraged for buildings on Lots 1 and 3, which are visually and compositionally related to the Hotel. At these locations the minimum roof overhang permitted shall be six inches. At other locations within Exhibit B Riverfront Village October 2017 Design Standards Page 5 of 6 Riverfront Village the minimum roof overhang shall be 24 inches for primary roofs and 12 inches at secondary dormers. 8) To help ensure that roof ridges for the Village remain interesting and contribute to the overall success of building massing, uninterrupted ridgelines shall be avoided. To this end, roof ridgelines are limited to 150 feet before a change in height (elevation above sea level) is required. These breaks (elevation changes) shall run horizontally for at least 10% of the overall building ridge length before returning to the prior elevation. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. B. Building Height 1) Building heights for the Riverfront Village will be restricted to the heights described in the approved Development Plan, as measured according to the Town of Avon Code. Architectural features such as chimneys, cupolas, and other similar elements will not be included when calculating maximum building height. 2) In addition, the percentage of ridge height allowed at the maximum allowable building height for any given building will be limited to 25% of the overall building ridge length. Overall building ridge length is defined as the sum of all primary ridge lengths for the entire building. 3) The maximum height for building facades fronting the Public Plaza will be limited to 75 feet from the Plaza elevation. The only exception to this facade height limitation shall be for the western façade of the central tower of the hotel, which shall be permitted to be as tall as 100 ft. from Plaza elevation. This central tower façade may run horizontally for up to 60 feet along the plaza. 4) The minimum horizontal setback required for building facades exceeding the maximum height for building facades fronting the Public Plaza will be 2 feet from the building façade fronting the Public Plaza. This shall only apply to the central tower portion of the Hotel. 5) The minimum setback required for maximum allowable height per the Development Standards from the Public Plaza will be 60 feet from building façade fronting the Plaza C. Exterior Materials, Detailing, and Colors 1. Materials and colors for walls and roofs at Riverfront Village will have a Light Reflective Value (LRV) not exceeding 60%. a) Materials inherent to the mountains, including stone and wood, will be used at lower levels of buildings in areas of direct pedestrian interface, as well as metals. These materials should be used in refreshing ways within the Village, reinterpreted for the urban nature of Avon towards a “mountain modern” character. b) Stucco conveys mass in a subtle, “quiet” way and is therefore a recommended material for building middles and tops. However, building accents comprised of non-stucco materials, such as metal, wood and cement materials replicating wood, shall be allowed in building middles and tops to help provide interest, except as prohibited by Codes. When used, stucco shall be carefully detailed to ensure Exhibit B Riverfront Village October 2017 Design Standards Page 6 of 6 longevity when it comes near the ground plane at building walls. Greater variation in materials for Town Homes is contemplated with less reliance on use of stucco in lieu of use of recycled and other siding materials. c)Roof materials will include rubber shingles, asphalt shingles and other materials suitable for mountain environments. Standing seam metal shall notmay be used for primary roof planes, but may be used for small and/or special roof features such as shed dormers, retail roof forms, porte cocheres, and other selective roof elements. d)In general, colors used within the Village should be complementary to the site, and be comprised of greens, grays, golds, browns, and other earth-tone hues. However, due to the desire for a highly activated retail experience at the Plaza level, the colors used along the retail edges of the Public way may be more vibrant and active in nature. 2.Minimum window area at plaza level a)At a minimum, 50% of the 1st level of building facades facing the plaza from the east and the west shall be glass. For this calculation the plaza shall be deemed to begin at the northwest corner of the hotel and the northeast corner of timeshare west and shall terminate at the east-west plane where the staircase down to the river begins. This calculation shall exclude the gondola terminal, control booth and public restrooms. Exhibit B PZC Record of Decision: #PUD17002 Page 1 of 1 PLANNING AND ZONING COMMISSION RECORD OF DECISION DATE OF DECISION: October 17, 2017 FINDINGS APPROVED: November 7, 2017 TYPE OF APPLICATION: Minor PUD Amendment PROPERTY LOCATION: Lot 4-7 Riverfront Subdivision FILE NUMBER: #PUD17002 APPLICANT: Jim Telling with East West Resorts This decision is made in accordance with the Avon Development Code §7.16.060: DECISION: Approved with a withdrawal of the parking reduction including the following findings: FINDINGS: 1. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development; 2. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD; and 3. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. CONDITIONS: 1. Easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane will be provided concurrent with the first Development Plan proposal for Lot 4; and 2. Two (2) units in the Condominium Building, each a minimum of 800 sq. ft., will be permanently deed restricted to employees working full time in Eagle County for an Eagle County employer by form approved by Town of Avon. Deed restrictions must be executed prior to temporary Certificate of Occupancy (TCO) of the Condominium Building. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 1 Staff Report – Minor PUD Amendment October 17, 2017 Planning & Zoning Commission Meeting File #PUD17002 Legal description Lots 4-7, Riverfront Subdivision Zoning PUD Address 254-358 Riverfront Lane Prepared By Matt Pielsticker, AICP, Planning Director Introduction Jim Telling with East West Resorts Development XIV, L.P., L.L.L.P. (“the Applicant”), is requesting a Planned Unit Development (PUD) Amendment (“the Application”) to modify the building type and placements upon lots 4-7 of the Riverfront PUD and Subdivision (collectively referred to as “the Property”). The Riverfront PUD Development Plan, the governing zoning document, entitles the Property with a large condominium building on lot 4, and smaller buildings with diminishing densities moving east to west on lots 5, 6, and 7. The Application proposes the following amendments: •Removal of current building footprint restrictions and internal lot lines •Modified parking requirements for condominium development – 1.2 per/unit to 1.0 per/unit •Architectural Guideline changes to roof pitch and materials •Provision of trail access easement and two (2) deed restricted affordable housing units All of the details of the Application are included as: Exhibit A – Riverfront Village Narrative, and Exhibit B –Riverfront Subdivision PUD Development Plan and Preliminary Subdivision. Process Minor PUD Amendment This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. According the Avon Development Code, a proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A) The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B) The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C) The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. The application, as submitted, meets the criteria for a Minor Amendment. The review procedures require a public hearing with the PZC. Council would make the final decision through either a Resolution or an Ordinance. Public Notification In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily. No written comments have been received. Public Hearings The October 17, 2017 meeting completes the public hearing requirements with the PZC. As noted, the Council will make the final decision on this Application after holding an additional public hearing. The Town Council hearing is tentatively scheduled for November 14, 2017. Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 2 PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The Application and amendments would preserve the environmental resources of the river and result in more flexibility with respect to future development. All other applicable development standards would remain intact, or be superseded with standards as outlined in the attached PUD Development Plan. The Application advances many Comprehensive Plan policies, along with subsections (n) from the Purpose Statement of the Development Code. A range of housing types are provided with condominium, townhomes, and affordable workforce units. General areas of open space would be maintained by existing platted setbacks, landscape easements, naturally steep areas, and the new provision of a trail easement on the west side of the development. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the Town, its residents, or guests. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required and analysis is provided below. The Comprehensive Plan includes this property within District 2: The Riverfront District. The planning principals for The Riverfront District speak heavily to connectivity and respecting the river environment. All of the planning principles are included on the following page, with bolded Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 3 principles that relate specifically to this Application. • • • • • • • • • • • • • This Application proposes to provide a direct connection, via easement, to the Riverfront Park and Eagle Valley Regional Trail on the Eagle River. This advances the planning principles and helps connect the entire Town Core and Nottingham Park with a more convenient access portal south of the railroad tracks to the riverfront park and trails. Buildings would be sited to protect the river by maintaining the 75’ riparian setback. It is expected that future development will be at a lower overall scale compared to the existing development plan approval. Additional Goals and Policies from the Comprehensive Plan that this application is consistent with include the following: Policy A.2.1: Continue to inventory, analyze, and prioritize lands adjacent to the developed portions of Town for acquisition and/or preservation as open space or other public purposes. Policy A.2.2: Encourage cluster style development in areas of less density to promote environmentally and aesthetically sensitive site design. Goal D.3: Increase the number of visitors to Avon by enhancing the year-round mountain resort community. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units. Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 4 Policy E.1.4: Integrate attainable housing within large developments and throughout Town. Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce compliance. Policy G.1.3: Work with public and private landowners to identify opportunities for conservation easements, permanent open space protection tools, and access to open space. Policy H.1.1: Evaluate and seek parcels or easements for open space, trails, and recreation. Policy H.1.3: Support development and annexation to incorporate recreational amenities, land for trails, and open space accessible to the public. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This PUD amendment does not change the demands or ability of future development to be served by existing installed or planned facilities and services. Many of the utilities were installed at the time of original subdivision development in 2006-2007. The potential building placement locations is the primary change being proposed; overall density allotment is retained. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: When compared to the existing zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: Approval of this PUD amendment could result in a lesser overall impact to neighboring properties since the proposed development would not provide a building at the western edge (Lot 7). Instead of a duplex on Lot 7 a trail connection would be provided. Impacts are contained within the property and would be mitigated accordingly. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future uses on the subject tracts would remain residential/resort and consistent with other properties in the vicinity. The scale and density of development is retained with existing setbacks and dwelling unit ranges. Staff Recommendation  Staff is recommending approval of the Application. The PZC shall conduct a public hearing, consider public comments, and direct Staff to prepare a formal Findings of Fact, Record of Decision, and Recommendation to Council pursuant to Section 7.16.020(f)(3), Findings. Exhibit C October 17, 2017 PZC Meeting – Riverfront Minor PUD Amendment 5 Recommended Motion “I move to recommend conditional approval of Case #PUD17002, an application for a Minor PUD Amendment for Riverfront PUD.” The following Findings may be applied should PZC make a favorable recommendation to Council: 1. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development. 2. The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Riverfront PUD. 3. The Application is in conformance with §7.16.060(e)(4), Review Criteria, AMC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment. The following Conditions may be applied: 1. Easement(s) for a trail connection from the Eagle Valley Regional Trail to Riverfront Lane will be provided concurrent with the first Development Plan proposal for Lot 4. 2. Two (2) units in the Condominium Building, each a minimum of 800 sq. ft., will be permanently deed restricted to Eagle County employees by form approved by Town of Avon. Deed restrictions must be executed prior to temporary Certificate of Occupancy (TCO) of the Condominium Building. Attachments A: Riverfront Village Narrative B: Riverfront Subdivision PUD Development Plan and Preliminary Subdivision Exhibit C Ordinance 17-17 | Lot 1, Riverfront Vested Rights Extension November 14, 2017 Town Council Meeting 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: November 14, 2017 Meeting Agenda Topic: First Reading of Ordinance 17-17, Approving a Vested Property Rights Extension Lot 1, Riverfront Village PUD and Subdivision ACTION BEFORE COUNCIL Action on First Reading of Ordinance 17-17 (Exhibit A), an Ordinance approving a Vested Property Rights Extension application for Lot 1, Riverfront Village PUD and Subdivision. SUMMARY Ruth Borne, (Applicant) representing Points of Colorado, Inc. (Owner), is applying for an extension of the vested property rights for Lot 1 of the Riverfront Subdivision. The attached application narrative (Exhibit B) outlines the written request and rationale for the extension. The property is part of the Riverfront PUD and Subdivision and currently retains a development plan approval for a 74-unit timeshare development. This application is being reviewed separately from the other vested rights extension application based upon different ownership of the properties. Staff is supportive of the request and finds the extension reasonable considering the local and regional economic recovery and market conditions for new timeshare development moving forward. The attached Ordinance (Exhibit A) would approve the three (3) year extension as proposed. REVIEW CRITERIA The Town Council must consider the following review criteria when acting on this application: (i)The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii)Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; (iii)Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv)Compliance with the Avon Comprehensive Plan and other community planning documents; (v)Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; (vi)Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; Ordinance 17-17 | Lot 1, Riverfront Vested Rights Extension November 14, 2017 Town Council Meeting 2 (vii)The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; (viii)The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix)Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and (x)Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Staff Response: The owner’s other property within Riverfront PUD and Subdivision, Riverfront Mountain Villas (Lot 4, or “Timeshare West”), was successfully completed pre-recession and helps to anchor the public plaza with amenities located between it and the Westin Hotel. The subject property (Lot 1) originally received a development plan approval in late 2000’s, and that approval has been extended multiple times, now set to expire in April 2018. The economic realities of resort development were altered with the great recession, and those realities in Avon and the rocky mountain region have changed in recent years. The proposed three (3) year extension of the vested rights is necessary to ensure the owners can develop in a reasonable timeframe with either a single or phased construction project. All the public benefits that were constructed at the outset of the Riverfront PUD and Subdivision will continue to be realized. In addition to the physical developments including the riverfront path, public plaza, and other benefits, the monetary benefits continue to be realized. As outlined by the applicant, ongoing revenues related to real estate transfer tax, property tax, amenities fees, and public improvement fees for maintenance are ongoing and will be positively affected by completing this timeshare development. AVAILABLE ACTIONS 1) APPROVE First Reading of Ordinance 17-17 and set public hearing for the December 12, 2017 meeting. 2) CONTINUE the First Reading of Ordinance 17-17 to the December 12, 2017 meeting. 3) DENIAL with motion and vote. ATTACHMENTS Exhibit A: Ordinance 17-17 Exhibit B: Application Narrative Ord. 17-17 Amending Confluence Development Agreement Nov. 14, 2017 – FIRST READING Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 17-17 AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS FOR LOT 1 WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Points of Colorado, Inc., (“Applicant” and “Owner”) has submitted a Vested Property Rights Application (“Vested Rights Application”) to amend the term of vesting outlined in the Amended and Restated Development Agreement for the Confluence approved by Ordinance 16-03 (“Development Agreement”), currently set to expire March 14, 2018; and WHEREAS, the Vested Rights Application amends Section 2.2. of the Development Agreement to extend the expiration date for an additional three (3) years to then expire March 14, 2021; and WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property Rights, the Town Council finds the Vested Rights Application eligible for consideration since the Application was submitted at least six (6) months prior to the expiration of the Vested Property Rights approved by Ordinance 06-03; and WHEREAS, the Town Council of the Town of Avon held public hearings on November 14, 2017 and December 13, 2017 after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided before acting; and WHEREAS, the Town Council makes the following specific findings as the basis for its decision as required by Avon Municipal Code §7.16.020(g)(3): A. The Vested Rights Application meets the review criteria set forth in Avon Municipal Code §7.16.140(e)(2); specifically: 1) Property values and the real estate market experienced a significant downturn for several years, commencing locally in early 2009 and continuing for several years during the initial vested rights period and market conditions for the construction of new multi-family residential product have improved only recently; and, 2) There have been no changes to the Avon Comprehensive Plan or other community planning documents that affect the Project as originally approved in 2006; therefore, the project continues to comply with the Avon Comprehensive Plan and other community planning documents; and, Exhibit A Ord. 17-17 Amending Confluence Development Agreement Nov. 14, 2017 – FIRST READING Page 2 of 3 3) The Project has provided public amenities through the dedication of land for the Eagle river path, water rights dedications, river path construction, landscaping improvements, and employee housing mitigation; and, 4)The extended duration of the vested property rights for an additional three (3) years is reasonable considering the local, state and national economic recovery and local market conditions for new construction of a timeshare development. WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the follow Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. River Front Development Agreement Amendment. The Amendment to the Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the Amended and Restated Development Agreement: The Confluence. Section 3. Recording. The Town Clerk shall cause the fully executed Amendment to the Amended and Restated Development Agreement: The Confluence and the Development Agreement Amendment to be recorded at the Eagle County Clerk and Recorder’s Office. Section 4. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and Exhibit A Ord. 17-17 Amending Confluence Development Agreement Nov. 14, 2017 – FIRST READING Page 3 of 3 includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on November 14, 2017 and setting such public hearing for December 12, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on December 12, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 1 of 3 EXHIBIT A: AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT The Confluence THIS AMENDMENT to the Amended and Restated Development Agreement The Confluence, dated March 14, 2006, (“Amendment”) is made and entered into on December 12, 2017, by and between Points of Colorado, Inc., a Colorado corporation (“Owner”) and the Town of Avon, a Colorado home rule municipal corporation (“Town”). WHEREAS, the Owner applied to the Town for an extension of the vested property rights for Lot 1, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 17-17 on December 12, 2017. NOW, THEREFORE, in consideration of the foregoing and the terms in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Town agree as follows: 1. Section 2.2 Term is hereby amended to add the following language, “Notwithstanding the foregoing, Owner and the Town agree that the Term of this Agreement and the vested property rights established under this Agreement shall continue until March 18, 2021 for Lot 1, Riverfront Subdivision.” 2. All other terms of the Agreement shall remain the same. [SIGNATURE PAGES FOLLOW] Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 2 of 3 OWNER: Points of Colorado, Inc., a Colorado corporation By:_____________________________ Name:___________________________ Title:____________________________ STATE OF ___________ ) ) ss: COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ____________________, 2017, by _________________________ as ________________ of _____________________________, a ____________________. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A Amendment to Amended and Restated Development Agreement: The Confluence Page 3 of 3 TOWN: TOWN OF AVON, a Colorado home rule municipal corporation By: ___________________________ Attest: __________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on ___________________, 2017, by Jennie Fancher, as Mayor of the Town of Avon, and Debbie Hoppe, as Town Clerk of the Town of Avon. Witness my hand and official seal. My commission expires: _______________ ________________________________________ Notary Public Exhibit A The demand for timeshare projects particularly in Colorado has begun a resurgence and Points of Colorado, Inc, is hoping to capitalize on the renewed demand for timeshare in Avon. (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; The Avon Comprehensive Plan, High Priority District, District 3: The Confluence District, recognizes the Confluence District as the “most valuable property in Town limits” and recommends it be “developed at its most optimal level”. Riverfront PUD has lived up to the goals and objectives of the Compressive Plan adopted in 2009 and has provided unparalleled amenities for the public and other gathering places by providing a gondola and unique resort destination. Lot 1 will continue to capitalize on enhancing this vital component of the Town by creating more resort destination opportunities and revenue to the Town. (v) Proposed public amenities and benefits that enhance the project and overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; Lot 1 will be in two phases so the absorption of the development is accomplished within the three-year vesting period and will include resort amenities such as a new pool and public areas. (vi) Projected pubic financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; Lot 1 will continue to provide all the revenue sharing requirements set forth in the Development Agreement. The new amenities for resort guests will also offset the impact to the resort areas of Lots 2 & 3 and provide for more alternatives for resort guests. (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town’s ability to apply future legislatively adopted fees and regulations for providing public infrastructure, public services and public facilities and for meeting evolving community needs. The existing development agreement for the Riverfront has provisions for ensuring public services and facilities are compensated for the development, which include but are not limited to Recreational Amenities Fees, RETT, Public Improvement Fees and Maintenance. Exhibit B (viii) The terms of any existing specific development plans with development agreements for the applicant’s property that specify the duration of vested property rights. To date, Riverfront PUD has complied with all the terms and conditions of the development agreement including but not limited to the construction of the gondola and related facilities. The extension of the vesting period will provide an opportunity for the Town to continue to provide for new development opportunities that enhance our community. Exhibit B Hahnewald Barn PAGE 1 OF 2     TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Matt Pielsticker, AICP, Planning Director  Meeting Date: November 14, 2017  Agenda Topic: DIRECTION TO STAFF FOR NEXT STEP(S) FOR THE HAHNEWALD BARN BASED UPON REVIEW OF  THE SCHEMATIC SITE PLAN AND OPINION OF PROBABLE COSTS FOR RELOCATION OF  HAHNEWALD BARN TO TRACT G      ACTION BEFORE COUNCIL:  Council is asked to review the attached Schematic Site Plan and Opinion of Probable Costs to evaluate  relocating the Hahnewald Barn to Tract G.  Staff is seeking direction by motion and vote.      COUNCIL MOTION:  A range of options are listed below.     SUMMARY:  During the public hearing and review process for the Town of Avon Properties Development Strategies  (“Town Properties Plan”), dated August 15, 2017, the Planning and Zoning Commission made a  unanimous motion to recommend further study of the potential to relocate the Hahnewald Barn to an  area of Tract G.   With the Eagle River Water and Sanitation District stating the barn needs to be  removed by fall 2018, the PZC felt that action to evaluate site planning should precede the  advancement of the final Town Properties Plan.        At the Town Council’s August 22, 2017 meeting, Council concurred with PZC’s recommendation and  allocated $10,000 in funds to hire consultant services and develop a schematic site plan and cost  estimates to relocate the barn to Tract G or place into storage.    The project team for the plan included:     After a formal Request for Proposal (RFP) process, staff selected Tomecek Studio Architecture  as the lead for the design and charrette process based upon being the lowest qualified bidder.     At the recommendation of the Historic Preservation Committee, staff engaged Dean Smith  with Timeless Barn Company, to evaluate methods and costs associated with moving the barn,  both including and not including temporary storage of the structure based on the timeframe  for design and the schedule from Eagle River Water and Sanitation to remove the structure for  their future needs.      Town staff contracted with Tim Leininger and Alpine Engineering to provide further expertise  with civil engineering and related costs.       BARN SITE WALK AND CHARRETTE:  The project team did a site walk through the Hahnewald Barn on October 11, 2017.  The consultants  concluded that the barn could be dismantled and relocated.  Storage is also an option, for one or two  years, in a protected environment.    Hahnewald Barn PAGE 2 OF 2 After the site walk, a design charrette was conducted with the project team, including members of the  Historic Preservation Advisory Committee.   The charrette exercise was opened to the public that  evening and gained favorable support from those who attended, with a preferred design being  developed.       A major consideration during the charrette was whether a full‐sized ice hockey facility should be  accommodated on Tract G.  The decision, during the planning session, was that a chilled, outdoor ice  rink should be developed, but the park was not the right location, if or when the Town pursues an ice  hockey arena.  Recreation Director John Curutchet led the discussion.    The resultant schematic plan is presented in Exhibit A and includes:     Placement of the barn in the current location of the Town Hall, with space for construction of  an exoskeleton to provide structural stability for the barn.  The exoskeleton building  technique, proposed by Timeless Barn Company, includes a shell building to apply the barn  wood.  The exterior of the structure would be cladded with salvaged barn wood from other  structures.     Retention of the Parks Garage and Cabin for ancillary and support structures to the Pavilion,  including potential uses for event production crews, additional green room space and  restrooms.  Park’s storage and equipment would still be planned for relocation to Lot 5 to  accommodate the needs of the Pavilion.     Circulation needs, vehicular parking and large semi‐truck and artist tour bus parking is  planned.   No loss in public parking spaces for the area.      An outdoor, mechanically chilled ice rink between the barn and Lake Street, which could have  ice for an extended season include fall shoulder month(s).   An outdoor event space between the barn and the parking areas is open.    OPINION PROBABLE OF COSTS:  BARN RELOCATION TO TRACT G & CHILLED OUTDOOR ICE RINK:  The project team, based upon the schematic drawings and local knowledge of construction costs,  developed an “opinion of probable costs”, which are summarized as follows:                                (See Exhibit C for full line item detail.)        A significant amount of site work and the construction of retaining walls are required to  functionally locate the Hahnewald Barn in its drawn location, while maintaining adjacent  parking areas.  (EXHIBITS A & B)   Cost to dismantle and reassemble the structure at the proposed Tract G site is provided by  Timeless Barn Company in EXHIBIT D.   EXHIBIT E describes mobilization, demolition, material quantities, unit costs, retaining walls,  grading and drainage work necessary to site the barn as proposed. This work was provided by  Alpine Engineering.    Hahnewald Barn PAGE 3 OF 3  The charrette and schematic plan did not identify what uses would be programmed into the  barn.  If Council wishes to proceed with the barn relocation effort, additional finishes to the  inside of the barn would be defined through a public process; cost estimates for finishes to the  inside of the structure are based upon the current new Town Hall pricing.       Pricing for the outdoor ice rink was provided by Custom Ice, Inc., a company specializing in  design/build of outdoor ice facilitates.    OPINION PROBABLE OF COSTS:  BARN STORAGE:  EXHIBIT D also estimates the added cost of $70,000 to dismantle and store the barn.  Dean Smith  recommends any storage be with cover and not exceed two years.  The potential site for storage  would be the upper bench at the Swift Gulch – listed as Option 1 in Dean’s proposal.    RECOMMENDED MEETING ORDER:   Town staff overview of process and packet information  (Virginia Egger, Town Manager)   Tomecek Studio Architecture Presentation (Brad Tomecek, Architect)   Historic Preservation Advisory Committee Comments      Public Comments   Questions, Discussion, and Direction    OPTIONS:   No further action, except to direct staff to continue Town Owned Properties Plan with the  PZC, without the barn relocation.         Direct staff to budget and secure storage space at Swift Gulch to move and store the barn for  the 2018/19 winter season.     Direct staff to schedule with the PZC final public hearings on the Town Owned Properties  Development Plan, with the proposed relocation; and, after recommending action by the PZC,  schedule at least one work session on the plan for Town Council to garner public comments,  followed by a meeting for action.     Direct staff to commence a public process to determine programmatic uses of the barn; enlist  professional architectural services; proceed with preliminary design drawings and cost  estimates; and budget amendment to fund these services.   For comparison, direct staff to evaluate construction of a new building on Tract G in  approximately the same location.   Other options, as identified during the work session.    ATTACHMENTS:  Exhibit A ‐  Schematic Site for Hahnewald Barn Relocation, Tomecek Studio Architecture   Exhibit B – Grading and Drainage Plan, Alpine Engineering   Exhibit C – Opinion of Probable Costs (Complete), Tomecek Studio Architecture  Exhibit D – Timeless Barn Company Project Proposal    Exhibit E – Hahnewald Barn Relocation Opinion of Probable Civil Costs, Alpine Engineering  Exhibit F – Hahnewald Barn Historical Documentation and Field Analysis, Tatanka Historical Assoc.      6HPL7UXFN7XUQLQJ5DGLXV'HJUHHV    ƒ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ƒ1: ƒ1: ƒ1( ƒ1: ƒ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xhibit A Exhibit B DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL TOTAL DEMOLITION, CIVIL, & SITE COSTS MOBILIZATION Site Work Mobilization (4%) - SUB-TOTAL LS 1 83,331.00$ DEMO & REMOVAL Remove Curb and Gutter LF 583 18.00$ 10,494.00$ Remove Sidewalks/Stairs SF 5,189 25.00$ 129,725.00$ Remove Asphalt & Basecourse SF 40,410 4.00$ 161,640.00$ Remove Walls SF 929 18.00$ 16,722.00$ Remove Storage Sheds, Fencing, Bollards LS 1 5,000.00$ 5,000.00$ Tree Removal EA 62 300.00$ 18,600.00$ Sawcut Asphalt Material LF 70 2.50$ 175.00$ Mill Shear Step LF 43 2.00$ 86.00$ Remove Asphalt & Road Base for Water Install.SF 5,003 5.00$ 25,015.00$ Asbestos Remediation & Demolition of Existing Town Hall EA 1 282,000.00$ 282,000.00$ SUB - TOTAL 649,457.00$ SITEWORK Surveying LS 1 5,000.00$ 5,000.00$ Overexcavate subgrade & replace w/ class 2 CY 4,998 20.00$ 99,960.00$ Excavation CY 1,127 5.00$ 5,635.00$ Embankment CY 6,690 7.00$ 46,830.00$ Import CY 5,563 15.00$ 83,445.00$ Topsoil Remove (6") & Stockpile CY 184 10.00$ 1,840.00$ 4" Topsoil Replace CY 324 40.00$ 12,960.00$ Topsoil Import CY 140 15.00$ 2,100.00$ Revegetation (Sod)SF 26,263 2.25$ 59,091.75$ Aggregate Road Base (Parking, Hardscape)EA 1 65,200 65,200.00$ Asphalt (4")TN 1,035 120.00$ 124,200.00$ 18" wide Concrete Curb & Gutter LF 1,630 30.00$ 48,900.00$ 5" Concrete Walks & Stairs SF 3,180 50.00$ 159,000.00$ Site Walls (MSE) (No Veneer)SF 8,313 75.00$ 623,475.00$ Pedestrian Guardrail LF 326.0 170.00$ 55,420.00$ Striping (4" White)LF 2,088.0 2.50$ 5,220.00$ Thermoplastic Pavement Marking SF 40 25.00$ 1,000.00$ Install Site Signage EA 8 100.00$ 800.00$ Erosion & Sediment Control LS 1 3,000.00$ 3,000.00$ Concrete Washout Structure EA 1 700.00$ 700.00$ SUB - TOTAL 1,403,776.75$ UTILITIES Surveying LS 1 1,500.00$ 1,500.00$ Disconnect & Cap Water Service EA 1 1,000.00$ 1,000.00$ Disconnect & Cap Sewer Service EA 1 1,000.00$ 1,000.00$ Disconnect & Cap Gas Service EA 1 750.00$ 750.00$ Disconnect Phone EA 2 500.00$ 1,000.00$ Disconnect Fiber Optic EA 1 500.00$ 500.00$ Install Water Service w/ Curb Stop LF 42 50.00$ 2,100.00$ Install Sewer Service w/ CO LF 48 45.00$ 2,160.00$ Reconnect Gas Service EA 1 1,500.00$ 1,500.00$ Reconnect Phone EA 2 2,000.00$ 4,000.00$ Reconnect Fiber Optic EA 1 2,000.00$ 2,000.00$ Install Pavilion/Cabin 2" Water Service LF 499 50.00$ 24,950.00$ HAHNEWALD BARN tract g avon colorado opinion of probable costs for barn relocation and ice rink november 10th, 2017 Exhibit C DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Replace 6" Road Base for Water Install.TN 194 60.00$ 11,640.00$ Replace 4" Asphalt for Water Install.TN 136 140.00$ 19,040.00$ Relocate FH & GV EA 1 3,000.00$ 3,000.00$ Relocate Transformer EA 1 8,000.00$ 8,000.00$ Relocate Pedestal EA 1 2,500.00$ 2,500.00$ Adjust Manhole Rims EA 2 500.00$ 1,000.00$ Adjust Clean-outs EA 2 300.00$ 600.00$ Install Site Lighting LS 1 120,000.00$ 120,000.00$ SUB - TOTAL 208,240.00$ STORM 12" SDR 35 PVC LF 165 60.00$ 9,900.00$ 2'x3' Curb Inlet EA 3 3,800.00$ 11,400.00$ 4' Storm Manhole EA 1 2,500.00$ 2,500.00$ SUB - TOTAL 23,800.00$ LANDSCAPE Irrigation LS 1 5,000.00$ 5,000.00$ Landscape LS 1 75,000.00$ 75,000.00$ SUB - TOTAL 80,000.00$ TOTAL SITE WORK, DRAINAGE, UTILITIES, & LANDSCSAPING 2,448,604.75$ 15% Contigency 367,290.71$ TOTAL DEMOLITION, CIVIL, & SITE COSTS 2,815,895.46$ TOTAL VERTICAL CONSTRUCTION: BARN RELOCATION *Disassembly and re-assembly of existing barn structure EA 1 330,000.00$ 330,000.00$ Lodging for labor EA 1 30,000.00$ 30,000.00$ BARN STRUCTURE: EXOSKELETON, INTERIOR & EXTERIOR Exoskeleton Structure & Exterior Finishes SF 8,128 175 1,422,400.00$ Interior Finishes SF 7,500 300.00$ 2,250,000.00$ TOTAL VERTICAL CONSTRUCTION: BARN RELOCATION & FINISH 4,032,400.00$ 15% Contingency 604,860.00$ TOTAL VERTICAL CONSTRUCTION: BARN RELOCATION & FINISH 4,637,260.00$ GRAND TOTAL PROJECT COST AS DRAWN: BARN RELOCATION 7,453,155.46$ TOTAL OUTDOOR ICE RINK 316,250.00$ 7" Concrete 50' x 120' Ice Rink, Piping & Regrigeration EA 1 316,250.00$ GRAND TOTAL PROJECT COST AS DRAWN: BARN & ICE RINK 7,769,405.46$ *Disassembly and re-assembly, with storage at Swift Gulch + $70,000 Scope of work from Mobilization through Landscape provided by Alpine Engineering Scope of work for Barn Reloccation and Assembly provided by Timeless Barn Company The information contained within this document is understood solely as an opinion of probable costs based on the schematic site plan for Tract G Avon, CO dated 10/20/2017. The opinions of probable costs has been assembled from information given by others. Tomecek Studio is not responsible for the accuracy of the information contained within this document Exhibit C Exhibit D Exhibit D Exhibit D HAHNEWALD BARN RELOCATION OPINION OF PROBABLE CIVIL COSTS November 09, 2017 DESCRIPTION UNIT QUANTITY UNIT PRICE TOTALMOBILIZATION Mobilization (4%)LS 1 83,331.00$ 83,331.00$ DEMO & REMOVALRemove Curb and Gutter LF 583 18.00$ 10,494.00$ Remove Sidewalks/Stairs SF 5,189 25.00$ 129,725.00$ Remove Asphalt & Basecourse SF 40,410 4.00$ 161,640.00$ Remove Walls SF 929 18.00$ 16,722.00$ Remove Storage Sheds, Fencing, Bollards LS 1 5,000.00$ 5,000.00$ Tree Removal EA 62 300.00$ 18,600.00$ Sawcut Asphalt Material LF 70 2.50$ 175.00$ Mill Shear Step LF 43 2.00$ 86.00$ Remove Asphalt & Road Base for Water Install.SF 5,003 5.00$ 25,015.00$ SITEWORKSurveying LS 1 5,000.00$ 5,000.00$ Overexcavate subgrade & replace w/ class 2 CY 4,998 20.00$ 99,960.00$ Excavation CY 1,127 5.00$ 5,635.00$ Embankment CY 6,690 7.00$ 46,830.00$ Import CY 5,563 15.00$ 83,445.00$ Topsoil Remove (6") & Stockpile CY 184 10.00$ 1,840.00$ 4" Topsoil Replace CY 324 40.00$ 12,960.00$ Topsoil Import CY 140 15.00$ 2,100.00$ Revegetation (Sod)SF 26,263 2.25$ 59,091.75$ Aggregate Road Base (Parking, Hardscape)TN 1,630 40.00$ 65,200.00$ Asphalt (4")TN 1,035 120.00$ 124,200.00$ 18" wide Concrete Curb & Gutter LF 1,630 30.00$ 48,900.00$ 5" Concrete Walks & Stairs SF 3,180 50.00$ 159,000.00$ Site Walls (MSE) (No Veneer)SF 8,313 75.00$ 623,475.00$ Pedestrian Guardrail LF 326.0 170.00$ 55,420.00$ Striping (4" White)LF 2,088.0 2.50$ 5,220.00$ Thermoplastic Pavement Marking SF 40 25.00$ 1,000.00$ Install Site Signage EA 8 100.00$ 800.00$ Erosion & Sediment Control LS 1 3,000.00$ 3,000.00$ Concrete Washout Structure EA 1 700.00$ 700.00$ UTILITIES Surveying LS 1 1,500.00$ 1,500.00$ Disconnect & Cap Water Service EA 1 1,000.00$ 1,000.00$ Disconnect & Cap Sewer Service EA 1 1,000.00$ 1,000.00$ Disconnect & Cap Gas Service EA 1 750.00$ 750.00$ Exhibit E Disconnect Phone EA 2 500.00$ 1,000.00$ Disconnect Fiber Optic EA 1 500.00$ 500.00$ Install Water Service w/ Curb Stop LF 42 50.00$ 2,100.00$ Install Sewer Service w/ CO LF 48 45.00$ 2,160.00$ Reconnect Gas Service EA 1 1,500.00$ 1,500.00$ Reconnect Phone EA 2 2,000.00$ 4,000.00$ Reconnect Fiber Optic EA 1 2,000.00$ 2,000.00$ Install Pavilion/Cabin 2" Water Service LF 499 50.00$ 24,950.00$ Replace 6" Road Base for Water Install.TN 194 60.00$ 11,640.00$ Replace 4" Asphalt for Water Install.TN 136 140.00$ 19,040.00$ Relocate FH & GV EA 1 3,000.00$ 3,000.00$ Relocate Transformer EA 1 8,000.00$ 8,000.00$ Relocate Pedestal EA 1 2,500.00$ 2,500.00$ Adjust Manhole Rims EA 2 500.00$ 1,000.00$ Adjust Clean-outs EA 2 300.00$ 600.00$ Install Site Lighting LS 1 120,000.00$ 120,000.00$ STORM 12" SDR 35 PVC LF 165 60.00$ 9,900.00$ 2'x3' Curb Inlet EA 3 3,800.00$ 11,400.00$ 4' Storm Manhole EA 1 2,500.00$ 2,500.00$ LANDSCAPE Irrigation LS 1 5,000.00$ 5,000.00$ Landscape LS 1 75,000.00$ 75,000.00$ TOTAL 2,166,604.75$ 15% Contigency 324,990.71$ GRAND TOTAL 2,491,595.46$ Assumuptions: 10% Overage for Basecourse and Asphalt, Ice Rink and associated equipment is not included, does not include building subdrains or any other items required for the installation of the barn other than utility reconnections This estimate does not include costs for engineering fees, easement aquisition, construction management, materials testing, soils report, separate costs from shallow utility companies or costs for unforseen conditions. These costs are based on a concept plan and the actual costs may vary significantly based upon final design and the cost and availability of labor, equipment, material and Exhibit E Tatanka Historical Associates Inc. Bringing the Past to Life Historical Documentation and Field Analysis HAHNEWALD BARN Avon Wastewater Treatment Plant 950 W. Beaver Creek Blvd. Avon, Colorado completed by Tatanka Historical Associates, Inc. P.O. Box 1909 Fort Collins, CO 80522 tatanka@verinet.com 970.221.1095 12 May 2016 Exhibit F Tatanka Historical Associates Inc. Bringing the Past to Life Tatanka Historical Associates, Inc. P.O. Box 1909 Fort Collins, CO 80522 tatanka@verinet.com 970.221.1095 www.facebook.com/tatankahistoricalassociates 12 May 2016 Eagle River Water & Sanitation District 846 Forest Road Vail, CO 81657 Town of Avon P.O. Box 975 Avon, CO 81620 Subject: Historical Documentation & Field Analysis Hahnewald Barn, Avon, Colorado Dear Clients, In response to your recent request, I have completed the updated historical documentation and field analysis of the Hahnewald Barn. This large agricultural building, more than a century old, is now located on the property of the Avon Wastewater Treatment Plant in Avon, Colorado. I first took a look at the Hahnewald Barn six years ago, although at that time I was not able to enter the property. The building had to be documented from adjacent areas that offered views, which resulted in a limited degree of architectural description and analysis. This time I was provided with full access to the barn. In addition, I have completed additional archival research on its history that was not possible due to previous cost constraints. The results of my more comprehensive documentation and analysis are presented below. Sincerely, Ron Sladek President Exhibit F Tatanka Historical Associates Inc. Bringing the Past to Life TABLE OF CONTENTS Location, Setting, Use & Ownership 1 Figure 1: Site Location Map 2 Figure 2: Satellite Image of the Barn and its Surroundings 2 Description of the Hahnewald Barn 3 Photo 1: North Side of the Barn 4 Photo 2: East Side of the Barn 4 Photo 3: South Side of the Barn 5 Photo 4: West Side of the Barn 6 Photo 5: Lower Level of the Barn 7 Photo 6: Upper Level of the Barn 7 Photo 7: Roof Framing System 8 Alterations to the Barn 9 History of the Hahnewald Barn 10 Figure 3: Map of the 1890 & 1893 Metcalf Land Patents 10 Figure 4: Aerial Photograph of the Avon Area, 1970 15 Photo 8: West Side of the Barn, early 1970s 16 Photo 9: Upper Level Interior, early 1970s 16 Figure 5: Plat of Benchmark at Beaver Creek, 1976 17 Comments on Historical and Architectural Significance 18 Comments on Condition and Preservation 20 Bibliography 22 Appendix A: Photos of the Hay Rail and Carrier 26 Exhibit F 1 Tatanka Historical Associates Inc. Bringing the Past to Life Hahnewald Barn Avon Wastewater Treatment Plant 950 W. Beaver Creek Blvd. Avon, Colorado Location, Setting, Use & Ownership The Hahnewald Barn is located in the Town of Avon on the grounds of the Avon Wastewater Treatment Plant. This fenced complex is owned and operated by the Eagle River Water and Sanitation District, which launched development of the facility in the late 1960s. Access to the restricted site is by way of a narrow dead-end street known as Millie’s Lane that extends toward the southeast from W. Beaver Creek Blvd. After passing the LiftView Condominiums, the street ends at the entrance to the wastewater treatment plant. The barn is located in the southwest corner of the wastewater treatment plant complex. This specific location correlates to the SE¼ of the SE¼ of the NE¼ of the NE¼ of Section 11, Township 5 South, Range 82 West. To the north, northeast and east are the buildings, parking lots, yards and landscaped areas that make up the wastewater treatment plant. Beyond the plant to the north are the historic Denver & Rio Grande Railroad corridor and Nottingham Lake. Constructed in 1887, the rail line remained in operation for over a century until it was placed out of use about twenty years ago. (see Figure 1: Site Location Map, on page 2) The Eagle River corridor occupies the areas to the southeast, south and southwest of the barn. This provides the barn with what little remains of its original rural, sparsely developed setting. Running parallel to the river’s north bank and located just outside the wastewater treatment plant’s south fence line is the Eagle Valley Trail, a popular route for walking, running and biking. To the west and northwest of the barn are the LiftView Condominiums. (see Figure 2: Satellite Image of the Barn and its Surroundings, on page 2) The Hahnewald Barn had a long history of use throughout much of the twentieth century as an agricultural building associated with the management of livestock. However, this use began to change by the early 1970s as the Avon area came under development and the adjacent wastewater treatment plant began to expand. For more than forty years, the plant’s managers and staff have used the building as a storage facility. It continues to serve this purpose today. Exhibit F 2 Tatanka Historical Associates Inc. Bringing the Past to Life Figure 1: Site Location Map USGS Edwards 7.5’ Topographic Quadrangle 1962 (revised 1987) Figure 2: Satellite Image of the Barn and its Surroundings Exhibit F 3 Tatanka Historical Associates Inc. Bringing the Past to Life Description of the Barn This large two-story, concrete and wood frame building rests upon a concrete foundation. Its rectangular footprint’s dimensions measure approximately 30’ from north to south x 125’ from east to west. While the building may first appear to be a bank barn, it is actually above ground on all four sides. The walls enclosing the main floor (lower level) are constructed of board-formed concrete that rises to a height of at least 6’ above grade. The rough concrete that was most likely mixed on site includes cobbles and sand that were probably collected from the adjacent grounds along the river. Above the concrete, the upper walls are framed with dimensional lumber and finished on the exterior with unpainted, weathered board-and-batten siding. All of the small windows on the building seem to have originally been four-light windows with wood frames. A long gabled roof covers the building. This terminates with a large hip on the east and a smaller clipped gable on the west. The roof has been finished with metal standing-seam paneling that was installed in more recent decades to replace the original wood shakes. Open eaves with exposed rafter ends are present along the entire perimeter. Each rafter tail was finished with a curved lower edge for ornamentation. Three rectangular, boxed ventilators rise from the ridgeline. These are constructed of wood framing with board and batten siding on the east and west, and wood louvers on the north and south. Each ventilator has a gabled roof that is also finished with metal paneling. North Side: The north side of the barn is both physically and visually impacted by the fact that the higher ground to the north slopes distinctly downward as it gets close to the building. This appears to be a non-historic grading modification to the site and is discussed below in relation to the building’s condition. The narrow space between the lower concrete wall and embankment was filled with snow during the current fieldwork, obscuring much of the wall from outside the building. Because of this, the features there had to be observed from the inside, where the storage of numerous items also obscured some areas from view. What is apparent is that a pedestrian entrance in the lower level has long been out of use because it is inaccessible from the steep slope outside the building. This entry holds a deteriorated wood plank door with bracing on the inside. Also along the wall are three or four window openings that no longer hold the original windows but retain their wood surrounds. A single entrance is located on the barn’s upper level near its northwest corner. This is reached by way of a dirt ramp that fills the steep slope below. In the entry is a large vertical wood plank sliding door that is hung from a metal rail inside the building. The wood threshold is deteriorated and the header above the entrance is arched. Two small window openings are present on the north wall. While the windows are gone and they are boarded closed, they retain their wood surrounds. Also present just below the eaves are six horizontal boards with bolts in the middle that retain the six internal tie rods that run through the building. Exhibit F 4 Tatanka Historical Associates Inc. Bringing the Past to Life Photo 1: North Side of the Barn East Side: The east side of the barn is fully exposed to view and holds a single entry into the lower level. This is centered in the concrete wall and contains a pair of wood plank swinging doors, with the planks set on a diagonal. Flanking the entrance are two small window spaces that have been boarded closed but retain their wood surrounds. The tops of the concrete walls on either side of the entry are angled downward toward the corners of the building. Photo 2: East Side of the Barn Exhibit F 5 Tatanka Historical Associates Inc. Bringing the Past to Life South Side: The south side of the barn is fully exposed to view but holds no entries. In the lower concrete wall are three window openings that have been boarded closed but retain their wood surrounds. Areas of the wall are deteriorated, with some sections entirely missing (more about this below in the condition section). It appears that there may have been a fourth window that is now gone. The upper wall has two small window spaces that are also boarded closed. Along the upper board-and-batten wall are a few additional features. Several horizontal boards that run the length of the building mark where the roofs of wood frame shed additions were once attached. Just below the eaves are six short horizontal boards with bolts in the middle. As on the north side, these retain the six internal tie rods that run through the building. Toward the upper southwest corner is a horizontal board with a metal rail attached to the top. Hanging from this is a vertical board with a metal wheel at the top. Just below the horizontal board, the vertical board is bolted into the building, rendering it stationary. What this feature was used for is currently unclear. Photo 3: South Side of the Barn West Side: The west side of the barn is fully exposed to view and holds an entry into the lower level. This contains a pair of wood-plank swinging doors with horizontal planks and wood surrounds. A large non-historic wooden handicap access symbol has been attached to one of the doors. As on the east side, the concrete wall flanking the entry angles downward toward the building’s corners. On either side of the entrance are two small window spaces that are set into the concrete wall. While both of these are boarded closed, a modern fuse box and electric meter are mounted to the window near the southwest corner. Electrical conduit rises upward from this meter, piercing the wall at a point just below the eave. This provides power to the non-historic electric lights within the building. Exhibit F 6 Tatanka Historical Associates Inc. Bringing the Past to Life The upper wall on this side of the building holds a large centered hayloft door that is constructed of vertical wood planks. This is braced with additional planking on the interior. Centered directly above the hayloft door is the end of the hay carrier rail, which projects from the roof’s clipped gable. This was constructed with a horizontal wood plank that supports the metal rail below. The Louden hay carrier, patented 1894, along with a 14’ section of rail from inside the building are now in the possession of Tamra Nottingham Underwood. (see photos in Appendix A) Two small windows are present in the upper wall of the barn. One holds the deteriorated frame of a four-light window and the other is boarded closed. Photo 4: West Side of the Barn Interior Features: The building’s lower level features a center aisle that runs the length of the barn. On either side of this to the north and south, the long spaces there may have originally been divided into livestock stalls or for other uses. Today these contain equipment and supplies stored by the wastewater treatment plant. Once cleared, closer inspection of the floor, walls and ceiling may reveal physical evidence of historic features and uses that are not currently apparent. Steel framing was installed in recent years in both the northern and southern areas to shore up the floor above and to address the deterioration of several segments of the exterior concrete wall along the south side of the building. The lower level floor is of poured concrete, at least along the central aisle, and the flanking north and south areas appear to be dirt. Around fourteen heavy squared timber posts, many with chamfered vertical corners, flank the central aisle and run the length of the building. Horizontal timber beams rest atop the posts, and these support the upper floor joists above. Diagonal timbers placed at periodic intervals provide lateral support to the posts and beam system. These run from the beams down to the bases of the outer concrete walls. The ceiling in the lower level is relatively low and consists solely of the upper floor’s open joists. Graffiti is found on some of the posts, beams and doors toward the east end. Exhibit F 7 Tatanka Historical Associates Inc. Bringing the Past to Life Photo 5: Lower Level of the Barn The barn’s upper level is an expansive open room that runs from wall to wall and from the floor to the roof. With its unfinished walls and no ceiling, the building’s dimensional lumber framing is fully exposed to view. This area is used to store equipment and supplies associated with the adjacent wastewater treatment plant. The only modern intrusions include metal and wood shelving and a small area along the north wall where a couple of minimally framed rooms are located. Photo 6: Upper Level of the Barn Exhibit F 8 Tatanka Historical Associates Inc. Bringing the Past to Life The upper level floor consists of its original wood planks. A simple rectangular pattern of widely spaced studs connected by two horizontal bands of short boards, together with sill and roof plates, forms the simple framing system along the walls. Horizontal wood plank tie beams formerly ran between the upper north and south walls, providing additional structural stability to the building. These have been cut off and replaced with six horizontal metal tie rods with turnbuckles. The rods are mounted to the walls with the wood planks that are visible along the exterior just below the eaves. Toward the middle of the interior, metal rod hangers suspended from the roof structure support the tie rods from above. The barn’s roof structure is light and without trusses, leaving the height of the space open for stacking hay. While the metal hayrail remains in place for a distance of about 5’ inside the west loft door, it terminates at that location. Presumably, the hay carrier once ran the entire length of the building. The roof rests upon the north and south exterior walls and is primarily formed of numerous rafters that meet at the gable peak with no ridge beam. Wood planks running the length of the building are attached to the outsides of the rafters to form the roof decking. These are clad on the exterior with the standing seam metal panels that are visible from outside the barn. A series of diagonal wood plank braces provide stability to the roof. These rest upon the roof plates at the tops of the north and south walls. From there they extend upward at a steep angle, attaching to the rafters at about their midpoint. Short horizontal boards with a slight incline connect the braces to the lower ends of the rafters just above the roof plates. Horizontal wood plank collar ties connect the upper lengths of the rafters to one another below the ridgeline, spanning the space from north to south. These are strengthened with a single band of horizontal boards that run the length of the building atop the collar ties. Vertical boards also connect every other collar tie to the upper rafter ends at the ridgeline above. Photo 7: Roof Framing System Exhibit F 9 Tatanka Historical Associates Inc. Bringing the Past to Life Grounds Around the Building: Unpaved grounds of varying dimensions surround the barn in all directions. To the north the ground slopes steeply upward from the long base of the building to the paved parking lot above. This narrow area is landscaped with grass, rocks, and several Aspen trees. The deep space at the base of the slope is filled with snow throughout the winter months. A short dirt ramp is present outside the barn’s north entrance near its northwest corner. This connects the parking lot to the barn’s upper level, and appears to be original to the building, suggesting that a ramp has always been located there. Beyond these features to the north are the paved parking lot and driveway, along with the wastewater treatment plant to the northeast. The ground just east of the building is at the level of the lower entrance. Two modern stacked concrete block walls with metal fencing on top rise a few yards to the east, one above the other. These run from north to south and form a terrace that encloses the small area outside the barn. Above the walls, the higher ground to the east is occupied by a gassed yard and a building associated with the wastewater treatment plant. The yard area south of the barn is unpaved and partially filled with piles of sand and gravel that are located against the building’s concrete wall. This area is bordered on the south by a dirt drive, a band of landscaping, and the chain link fence that runs along the perimeter of the property. The area west of the barn is narrow and consists solely of the dirt drive and chain link perimeter fence. Alterations to the Barn The barn is largely intact from its original date of construction and its period of agricultural use prior to the early 1970s, with few substantial alterations noted. (see early 1970s photos on page 16) The most obvious non-historic change has involved replacement of the wood shingle roof with the standing seam metal roof that remains there today. The south loafing shed addition has also been removed. These changes were completed during the past few decades. Most of the building’s small windows have been boarded closed and the frames and glass panes are now absent. However, the historic photograph from the early 1970s and limited physical evidence that remains on the barn show that these were primarily four-light windows with wood frames. The wood plank door on the lower west wall is not original, but is a replacement that dates from the past several decades. The original door there consisted of a pair of swinging doors with vertical planks rather than the current horizontal ones. The early 1970s photograph of the barn’s interior shows that the overhead north- south beams described above had already been cut by that time and the metal tie rods were in place. The hay carrier and a length of rail about 14’ in length have been removed and are in the possession of Tamra Nottingham Underwood. (see photos in Appendix A) Exhibit F 10 Tatanka Historical Associates Inc. Bringing the Past to Life Historical Background Prior to the 1880s, the entire Eagle River Valley existed in a state of undisturbed nature, with the river, open valleys, and forested slopes above supporting wildlife and generations of the Ute Indians. The State of Colorado had been established in 1876 and over the following years Euro-Americans moved ever closer to the Eagle River Valley. In the mountains to the east they established ranches and mining camps. Trappers visited the Eagle River Valley for years, however it wasn’t until the early 1880s that the first settlers arrived to establish ranches and communities there. Among the first to venture into the area was John C. Metcalf. The Metcalf/Metherd Era: John Conard Metcalf was born in Ohio in 1851 and by the time he was five years old both of his parents had died. He remained in Ohio throughout his childhood and was raised by an aunt. In 1879, John headed west to Colorado Springs, Colorado. What drew him there was his ailing older brother Ornan, a Civil War veteran who was struggling with tuberculosis. Ornan died that September and just over two months later John married Elizabeth Love. Known as Lizzie, she was the daughter of El Paso County livestock dealer John W. Love and was a decade younger than her husband.1 The 1880 federal census listed John and Lizzie as residing in the South Park area of Park County, in the mountains west and northwest of Colorado Springs. He had gained work as a ranchman, probably on a property owned by his father- in-law. By that time, Lizzie’s parents had moved to the mining town of Breckenridge, where John Love operated a feed stable. In 1881, John Metcalf and a small party of men, some of them members of his wife’s family, traveled from Breckenridge to Leadville and then down the Eagle River to the unsettled area that would soon come to be known as Avon. They found the land there so appealing that in May of 1882 John brought Lizzie and their infant son Wilbur to the locale. Lizzie’s parents resettled nearby, on a cattle ranch they established along Brush Creek near the town of Eagle. Over the following years, the Metcalfs and Loves became prominent in the Eagle River Valley community and both men served as early county commissioners. Upon their arrival, John built a log cabin on the open flats north of the river and the Metcalfs settled in to raise children and build their ranch. According to a memoir written years later by their daughter, Amy Metcalf Bowen, the cabin measured about 20’x 20’ and was built of unpeeled logs with a sod roof, single window, and a wood plank door. According to her estimate, it was located approximately 200’ from the river and about four-fifths of a mile west of where the Avon railroad station would soon be built. This placed the historic site of the cabin just north of where W. Beaver Creek Blvd. now crosses the Eagle River.2 1 Metcalf Family History, Unpublished Manuscript Posted on Ancestry.com; US Census Records for Lizzie Love, El Paso County, CO (1870). 2 US Census Records for John and Lizzie Metcalf, Park County, CO (1880); US Census Records for John W. Love, Breckenridge, Summit County, CO (1880) and Eagle County, CO (1885); Amy Metcalf Bowen, “Memories of Eagle County in the 1880s.” Exhibit F 11 Tatanka Historical Associates Inc. Bringing the Past to Life In 1887, John sold a strip of land 100’ wide through his land to the Denver & Rio Grande Railroad (D&RGRR). This served as the right-of-way that the railroad used to construct its main line through the valley. The following year, he secured a water appropriation from the Eagle River and used it to construct the Metcalf Ditch (this was adjudicated years later in 1901). A ditch statement filed with the State of Colorado in 1894 showed that the ditch’s owners were John C. Metcalf (3/7), George A. Townsend (1/7), and Nottingham & Company (3/7). It was two miles in length and just three feet deep. Today the ditch is completely erased from the landscape in the vicinity of the Town of Avon.3 Although the Metcalfs had settled on the land, they did not actually own the property for a number of years. To address this, in early June 1890 John purchased 160 acres from the United States government that consisted of the N½ of the NE¼ of Section 11 and the adjoining N½ of the NW¼ of Section 12. The boundaries of his acquisition included much of the land that eventually came to be occupied by the Town of Avon. Several years later, in July 1893, he filed a homestead claim to an additional 80 acres that made up the S½ of the SE¼ of Section 2. This parcel was located just north of the acreage that he had acquired three years earlier.4 Figure 3: Map of the 1890 and 1893 Metcalf Land Patents 3 Warranty Deed, John C. Metcalf to the Denver & Rio Grande Railroad, 10 January 1887; Statement of Claim to Water Right, Metcalf Ditch, Eagle County, Colorado, Water District No. 37, 16 August 1894. 4 Resume of Applications and Amended Applications, Colorado Water Division 5, August 1999; Cash Patent, USA to John C. Metcalf, 2 June 1890 for the N½ of the NE¼ of Section 11 and the N½ of the NW¼ of Section 12, Township 5 South, Range 82 West; Homestead Patent, USA to John C. Metcalf, 18 July 1893 for the S½ of the SE¼ of Section 2, Township 5 South, Range 82 West. Exhibit F 12 Tatanka Historical Associates Inc. Bringing the Past to Life Three years later, in December 1896, John transferred legal ownership of the 160 acres in Sections 2 and 11 to Lizzie (he may have already sold off the remaining 80 acres in Section 12 by that time). Why he did this appears to be related to the fact that the Klondike Gold Rush had started in August of that year. John left for the Yukon Territory, where he joined the estimated 100,000 prospectors who flooded the region in search of wealth. However, according to family history he disappeared there in 1898 and was presumed dead.5 Following the loss of their husband and father, Lizzie and the children moved to her parents’ ranch near Eagle, where they shared the home with a boarder named Charles Curry. Although he was seven years younger than Lizzie, the two struck up a relationship and were soon married. In April 1905, Lizzie and Charles Curry sold the acreage in Avon to Joseph Metherd for $3,700. The sale excluded the strip of land already transferred to the D&RGRR, but included their share in the Metcalf Ditch.6 Joseph Henry Metherd was born in Dayton, Ohio around 1870 and as a child moved with his family to Cass County, Indiana. After growing up on the family farm, he moved west to Denver, Colorado and in 1899 married Luella Burns there. They initially settled in Breckenridge but relocated to the Avon area by early 1902 with their growing family. According to a local newspaper article about the 1905 land purchase, the Metherds were residing at the time on a leased property known as the McCoy Ranch and had no immediate plans to settle on the Metcalf property. In addition, the Metcalf Ranch was already leased to another party. In any case, Joseph Metherd owned the acreage for just a few years before selling it to Paul Hahnewald in July 1908 for $10,000 (more than $250,000 in today’s currency value). Following the sale, Joseph and Luella left the Eagle River Valley for good and moved with their children first to Idaho and from there to Nevada and California.7 The Hahnewald Era: Paul Hahnewald not only acquired the acreage from Joseph Metherd in 1908, but on the same date as the land transfer he paid Metherd an additional $10,000 for a substantial number of items related to the ranching operation. These included about eight horses, sixty-four head of cattle, wagons, a buggy, a mower, a hay stacker, sleds, harnesses, plows, harrows, cultivators and other equipment. The deal included a blacksmith shop, complete with anvils, bellows and tools. A few weeks later, Paul spent another $1,125 on additional items from I. Fedor Schlaepfer. Among these were horses and cows, 5 Warranty Deed, John C. Metcalf to Lizzie Metcalf, 21 December 1896 for the S½ of the SE¼ of Section 2 and the N½ of the NE¼ of Section 11, Township 5 South, Range 82 West; Amy Metcalf Bowen, “Memories of Eagle County in the 1880s”; Records for John C. Metcalf on ancestry.com. 6 US Census Records for Lizzie Metcalf and Charles Curry, Eagle County, CO (1900); Warranty Deed, Lizzie Metcalf Curry and Charles A. Curry to Joseph H. Metherd, 29 April 1905. 7 Warranty Deed, Joseph H. Metherd to Paul Hahnewald, 17 July 1908; United States Census Records for Joseph H. Metherd, Cass County, OH (1880) and Kilsap County, WA (1910); Eagle County Blade, “Local Paragraphs,” Notes Related to Metherd Purchase, 4 May 1905; Eagle Valley Enterprise, Local Notes Regarding the Metcalf Family, 29 October 1943. Exhibit F 13 Tatanka Historical Associates Inc. Bringing the Past to Life along with a buggy, bobsleds, a wagon, three plows, log chains, yokes, a sled, and loading equipment consisting of a block, tackle and beam.8 Despite the large sum of money that Paul Hahnewald spent to acquire the property at Avon, he did not hold onto it for very long. In November 1908, just four months after he purchased the land, he sold it for $9,000 to his brother Albert.9 Born in Saxony, Germany in 1867, Albert immigrated to the United States in 1881. His wife Frances was from Fredricksburg, Texas, a German immigrant town in the hill country where the couple evidently met and married. They had three children, with just one son named Albert Jr.10 By the mid-1890s, Albert and Frances had moved to Leadville, where he acquired the popular Turner Hall bar. He also served two terms as a town alderman. Albert and his brothers Paul, August, Robert and Otto were engaged in mining and ranching. Together they discovered a rich lode of ore in Leadville during the late 1890s. In addition, they owned the Colorado Bakery, which sold baked goods, groceries, produce and confections.11 Following his purchase of the land at Avon in late 1908, Albert resettled his family there. He appears to have been the person who constructed the large barn that remains on the site today. Once it was completed, the building formed the nucleus of the ranchstead where Albert spent the following years raising livestock and growing feed crops such as grains and hay. Before long, he acquired 900 acres of ranchland close to Edwards, where he eventually ran 1,000 head of cattle, along with horses and hogs. It appears that this larger property became the family’s home ranch where they primarily lived. The ranch’s range extended from Red Canyon on the west to Gore Creek on the east.12 In addition to their mountain properties, the Hahnewald family maintained a home on Albion Street in Denver. After 1915, Albert divided his time between Eagle County and the Denver house. Albert Jr. joined him in managing the ranch, which operated as the Hahnewald Land & Livestock Co., although he was away for some time serving in the American Army during World War I. Three years later, following a December 1918 cattle-selling trip to Kansas City, Albert Sr. returned to Denver with a case of influenza. This occurred during the epidemic that was sweeping the nation. By the end of the month, he had succumbed to pneumonia and was buried in Fairmount Cemetery at the age of fifty-one.13 8 Bill of Sale, Joseph H. Metherd to Paul Hahnewald, 17 July 1908; Bill of Sale, I. Fedor Schlaepfer to Paul Hahnewald, 3 August 1908 (Schlaepfer appears to have been part of a family of Swiss immigrants whose members resided in Leadville). 9 Warranty Deed, Paul Hahnewald to Albert Hahnewald, 24 November 1908. 10 Carbonate Chronicle, “Business Man Suddenly Called,” 30 December 1918, p. 1; Eagle Valley Enterprise, “Frances Hahnewald Buried in Denver,” 16 March 1950, p. 1. 11 Carbonate Chronicle, “Business Man Suddenly Called,” 30 December 1918, p. 1 and “Albert Hahnewald,” obituary, 30 December 1918, p. 3; Eagle Valley Enterprise, “Paul Hahnewald Dies,” 12 November 1937, p. 1; Leadville Daily Chronicle, “The Colorado Bakery,” 26 May 1894, p. 3. 12 Carbonate Chronicle, “Business Man Suddenly Called,” 30 December 1918, p. 1. 13 Ibid. Exhibit F 14 Tatanka Historical Associates Inc. Bringing the Past to Life The Kroelling Era: In November 1915, Albert Hahnewald sold the Avon property, which included the large barn, to Paul Kroelling for $15,000. Paul Frederick Kroelling was born in Germany in 1864 and immigrated to the United States in 1889. He settled in Leadville, where he operated a slaughterhouse and meat market. Paul also served as a member of the volunteer fire department. In 1892 he married Anna Winters, who was also a native of Germany. They had two children, one of whom (Frederick) lived to adulthood. The family remained in Leadville until 1915, when they moved down the Eagle River to Avon.14 In the fall of 1917, the Kroellings were busy harvesting ninety acres that they had planted with crops. This included twelve acres of potatoes producing two hundred sacks to an acre, thirty acres of oats, and the remainder in hay at four tons to the acre. The hay was used to feed their cattle and would have been stored in the barn’s large upper floor hayloft. The family’s cattle and sheep were pastured on the property as well as along the Piney Divide. In 1921, Paul Kroelling was elected vice-president of the newly formed Avon Stockgrowers’ Association. During the 1920s, the Kroellings added head lettuce to the crops grown on their ranch.15 Paul died in 1938 on his Avon ranch and was buried in Leadville, and following the death of her husband Anna moved back there. She and their son Fred inherited the Avon property in 1940 through the settlement of Paul’s estate. In May 1948, they sold it and Fred moved to Carbondale, where he became a longtime resident. Anna died in Leadville in 1950 and was buried next to her husband.16 The Nottingham Era: On 1 May 1948, Harry A. Nottingham, a local rancher and member of the prominent family that had settled much of this area of the Eagle River Valley in the early 1880s, purchased the former Hahnewald Ranch at Avon. One month later, a public sale was held on the property to dispose of the Kroellings’ cattle, horses, machinery, household goods, tools and other miscellaneous items. Harry added the property to his extensive ranch holdings in the vicinity and held onto it until March 1955, when he transferred it to his oldest son Arnold (Harry A. Nottingham Jr.) together with several nearby parcels.17 14 Warranty Deed, Albert Hahnewald to Paul F. Kroelling, 1 November 1915; United States Census Records for Paul F. Kroelling, Leadville, CO (1900 & 1910); Carbonate Chronicle, “The officers elected are as follows…,” 22 April 1901, p. 2; “Paul Kroelling,” (death notice) 22 July 1938, p. 1. 15 Eagle Valley Enterprise, “Eagle County Farmers Are Still Busy,” 19 October 1917, p. 1; Eagle Valley Enterprise, “Stockgrowers of Avon District Form Association,” 25 March 1921, p. 4; Eagle Valley Enterprise, “Paul Kroelling one of the most progressive young ranchers…,” 24 February 1922, p. 5. 16 Eagle Valley Enterprise, “P. F. Kroelling Dies,” 13 July 1938; Eagle Valley Enterprise, “Paul Kroelling,” (death notice) 22 July 1938, p. 1; Warranty Deed to Joint Tenants, Estate of Paul F. Kroelling to Anna Kroelling and Fred Kroelling, 11 March 1940; Eagle Valley Enterprise, “Anna Kroelling,” 27 July 1950, p. 1. 17 Warranty Deed, Anna Kroelling and Fred Kroelling to Harry A. Nottingham, 1 May 1948; Eagle Valley Enterprise, “Public Sale!,” (advertisement) 4 June 1948, p. 4; Warranty Deed, Harry A. Nottingham to Harry A. Nottingham, Jr., 31 March 1955. Exhibit F 15 Tatanka Historical Associates Inc. Bringing the Past to Life After Arnold acquired the property, his brother Allan became a co-owner. From 1948 on, they ran sheep there and used the large barn’s lower level for livestock shelter and lambing. This area of the building held a number of pens that housed the ewes and their lambs. The upper level served as a hayloft. Off the barn’s south wall, the long loafing shed that once stood there also sheltered the sheep. In 1966, Allan moved into the log home on the property with his wife Linda and their children. This may have been the same log cabin built by John Metcalf in 1882, although by that time it had been improved and expanded with a kitchen and dining room.18 Figure 4: Aerial Photograph of the Avon Area View to the Southeast, 9 October 1970 The Nottinghams remained on the ranch for six years until December 1972, when Arnold and Allen sold a number of their area lands to Benchmark-Avon Properties. At that time, Benchmark was in the process of assembling acreage for development of the town of Avon, and the Nottingham parcels were key to their plan. The Town of Avon was incorporated in 1978 and Allan not only served on its first town council but was also mayor for twelve years. This decade marked the end of the area’s history as a ranching center and the beginning of its development in association with the nearby Beaver Creek Ski Resort.19 18 Allan Nottingham Interview, 2 May 2016 19 Ibid.; Warranty Deed to Corporation, H. Arnold Nottingham and Allan R. Nottingham to Benchmark-Avon Properties, 27 December 1972. Exhibit F 16 Tatanka Historical Associates Inc. Bringing the Past to Life Photo 8: West End of the Barn, early 1970s note the loafing shed addition to the south (courtesy of Tamra Nottingham Underwood) Photo 9: Upper Level Interior, early 1970s (courtesy of Tamra Nottingham Underwood) Exhibit F 17 Tatanka Historical Associates Inc. Bringing the Past to Life As Benchmark subdivided the former Metcalf-Hahnewald-Kroelling-Nottingham lands during the 1970s, the parcel containing the Hahnewald Barn became Tract O of Block 3 and was reduced to a size of 1.06 acres. To the north and east is Tract N, a 5.883-acre parcel acquired in 1969 that immediately became the location of the Avon Wastewater Treatment Plant. (see Figure 5) Figure 5: Plat of the Benchmark at Beaver Creek Subdivision Revised Final Plat, Sheet 2 of 3 9 August 1976 In 1977, Benchmark at Beaver Creek sold the parcel containing the barn to Alameda National Bank in Lakewood, Colorado for $83,112. Five years later, the bank sold it to the Upper Eagle Valley Sanitation District for $98,119. Finally, in 1996 it was transferred one last time to the Eagle River Water and Sanitation District, which continues to own the barn today. During the late 1960s and 1970s, the areas to the north, east and west of the barn were cleared for redevelopment. This included moving the historic log cabin to Nottingham Park. Construction of the Avon Wastewater Treatment Plant began in 1969, the LiftView Condominums emerged to the west, and the Eagle Valley Trail was developed to the south along the river. Despite these changes and the passage of time, the Hahnewald Barn has remained in its original location for over a century.20 20 Warranty Deed, Benchmark at Beaver Creek to Alameda National Bank, 28 December 1977; Special Warranty Deed, Alameda National Bank to Upper Eagle Valley Sanitation District, 16 December 1982; Warranty Deed, Upper Eagle Valley Consolidated Sanitation District to the Eagle River Water and Sanitation District, 1 July 1996. Exhibit F 18 Tatanka Historical Associates Inc. Bringing the Past to Life Comments on Historical & Architectural Significance Based upon the extensive field documentation and archival research that were completed for this project and are presented above, the following text provides information and analysis about the resulting historical and architectural significance of the Hahnewald Barn. Also addressed is the question of its architectural integrity from a preservation standpoint. Although the land where the Hahnewald Barn sits was first settled in 1882 and was used for ranching over the following ninety years, it wasn’t until around 1910 that the building was constructed. Over the decades between 1910 and 1972, it was integral to ranching operations that were conducted by three successive families, the Hahnewalds (1910-1915), the Kroellings (1915-1948), and the Nottinghams (1948-1972). During this long period, the building was used to shelter livestock and store hay. Since its agricultural use came to an end forty- four years ago, it has served as a storage facility associated with the adjacent Avon Wastewater Treatment Plant. In relation to its sixty-two years of historic agricultural use, the barn may be viewed as associated with events that have made a significant contribution to the broad pattern of the history of Avon during the twentieth century. As described in the historical section above, it conveys much about the role it played in area agriculture. The barn also conveys the story of three prominent families who initially settled in Leadville before making their way to the Eagle River Valley and successfully reestablishing themselves there as ranchers. In doing so, they followed an important pattern of settlement that was associated with the decades that came after the mining era. Today the barn is a very rare remnant of Avon’s agricultural heritage, most of which has disappeared in recent decades. The Hahnewald Barn is also of interest from an architectural standpoint. In light of the various styles of historic barns that exist across the United States, it may be classified in a few different ways, all of which are simply descriptive of the building’s form and style. It can be called a gable entrance barn, a transverse- crib barn, or a basement barn. These all refer to a building that has a short lower level where livestock were housed, and a much taller upper level that served as a hayloft. Its lower level entrances are situated directly across from each other on the gable ends of the building and are connected by a long central alley that was flanked by long spaces that were used to house the animals. This style of barn originated in New England and upstate New York during the middle years of the nineteenth century. It then became popular in the Midwest as the nation expanded in that direction. During the settlement era of the late 1800s and early 1900s, migrants brought the style to the West, including Colorado, where it appeared in various locations. It proved to be a very functional style that worked well in ranch settings and for dairy operations. Exhibit F 19 Tatanka Historical Associates Inc. Bringing the Past to Life Based upon its style and details, the Hahnewald Barn embodies the distinctive characteristics of a type, period, and method of construction that are present in its architecture. In other words, the building continues to convey the important elements of this particular style and the methods that were employed in its construction. Consequently, it is a locally rare example of early 1900s agricultural architecture, little of which is left standing in the Avon area today. Regarding the question of architectural integrity (this is different from condition), the barn has changed little since it was constructed over a century ago. Seven aspects of integrity have been defined by the National Park Service and are used throughout the country to analyze historic buildings, structures and sites. These are location, design, setting, materials, workmanship, feeling, and association. The precise definitions of these terms can be found in National Park Service Bulletin 15 at www.nps.gov/Nr/publications/bulletins/nrb15. In general, the aspects of location, design, workmanship, feeling and association all appear to be very intact on this building. Anyone who views the Hahnewald Barn today can easily see that it is quite old and is associated with the area’s ranching heritage. The most obvious change in recent decades has involved replacement of the original wood shingle roof with metal panels. While this utilitarian solution to an aging roof is not ideal and detracts somewhat from its historic appearance, this has become a common approach to replacing wooden roofs on historic agricultural buildings and primarily impacts the aspect of materials. However, this is viewed as a moderate alteration to the barn’s integrity since it did not change the form of the roof and the remaining historic materials are largely intact. The other non-historic alterations to the barn that are described above are less obvious and have done little to diminish its architectural integrity. The building retains its original size and form, its lower concrete walls, its board and batten siding, its window and door locations, its hayrail projecting from the roof, and its rooftop ventilators. The interior also exhibits the original structure of the building, with its heavy lower level post and beams, and the upper level’s wood floor and lighter wall and roof framing. Changes that have occurred to the setting around the barn are more distinct. These have involved the disappearance over the past several decades of the associated ranch buildings and the rural landscape as a whole, except for the river corridor to the south. Due to these changes, this aspect of integrity is more substantially diminished than any of the others. This raises a question of whether the loss of setting is impactful enough to have damaged the barn’s overall integrity. The answer probably rests in the fact that for a building to exhibit a good degree of architectural integrity, only a predominance of the aspects of integrity must exist. How local and state officials completing formal review of the property might interpret this remains uncertain. Exhibit F 20 Tatanka Historical Associates Inc. Bringing the Past to Life Comments on Condition and Preservation Finally, the author of this study was asked to comment on the condition of the Hahnewald Barn and practical options for its preservation. However, it must be understood that the following observations and statements are provided from the perspective of an experienced historic preservation professional and not a licensed engineer or architect. After more than a century of use and exposure to the elements, the Hahnewald Barn is in need of a number of repairs. The structure of the building appears to be quite good overall, with most of the concrete, woodwork and architectural details intact and little changed from its original construction. Most obvious is the deterioration that has occurred along the lower concrete walls, much of it related to moisture damage. The ground outside the north wall slopes steeply down to the building and is filled with snow for half the year. This results in a situation where melting snow and rainfall do not drain properly away from the building. Not only has this impacted the concrete wall, but the lower door and windows along this side of the barn are also damaged. It is likely that the deterioration found along the south concrete wall, which is the most severely damaged area of the building, started decades ago when the loafing shed was still there. Over the years this probably filled with a deep layer of manure that rested against the concrete wall and launched its deterioration. After the loafing shed was removed, the storage of sand and gravel piles in the same location appears to have accelerated the damage. Today the south concrete wall is structurally compromised by the fact that a large area is completely missing. Together with the adjacent deteriorated areas, about one- third of the south wall is compromised and in need of attention. Steel beams and scaffolding have been placed inside the lower level of the building to shore up these areas and prevent it from collapsing. This is a temporary solution that needs to be addressed in the near future. If the barn were to remain where it is, new segments of the concrete walls will need to be constructed, but only where these materials are damaged and missing. In addition, there is a need to address moisture and drainage problems so that future damage is avoided. Because the concrete walls are so important to the integrity and structural stability of the building, work on the damaged areas should be done with the guidance of a preservation architect or engineer. It is not advisable to just turn it over to a concrete contractor. Another structural item that should be inspected by a preservation architect or engineer involves the removal of the north-south horizontal beams that were located within the upper level hayloft. These were severed decades ago, sometime prior to the early 1970s, and the stability of the long north and south walls has been dependent since then upon the six tie bars that remain in place. Exhibit F 21 Tatanka Historical Associates Inc. Bringing the Past to Life These appear to have done their job and the walls do not seem to be bowing outward. However, this should be inspected more closely to ensure that the loss of the beams has not resulted in a building that is structurally compromised. In addition, the tie bars may need to be adjusted from time to time, and it is not known if that has ever been done. The only other features on the barn that need attention are some of its smaller architectural details. For example, deterioration of the doors and windows should be addressed to ensure that they are restored and working as intended. The north door on the lower level is being pushed inward by the snow and is deteriorating due to drainage problems outside the building. As the windows all over the barn deteriorated, they were simply boarded closed rather than being fixed. These should be replaced with windows that are fabricated to match the originals. The historic photograph on page 16, together with remnants that remain on the building, should serve as guides for their fabrication. The lower level doors on the west and possibly east may need to be reconstructed, since at least one of these is non-historic. On the upper level, the board and batten siding seems to be functioning well, but may need some attention to make sure that it is secured to the building. The threshold at the large entry on the upper north side has been damaged and needs to be repaired. This damage has also exposed the lower level below to water infiltration. Finally, the ventilators atop the roof look like they require some repairs. While the discussion above addresses condition issues and preservation recommendations, the Eagle River Water and Sanitation District has determined that the barn must be removed to make room for expansion of the Avon Wastewater Treatment Plant. There are two possible methods of accomplishing this. One of these is demolition and the other is to have the building moved to a new site. Demolition will obviously result in total loss of the barn, one of the last historic buildings in its original location in Avon that is directly related to its agricultural heritage. On the other hand, moving the barn will allow it to survive. Where the barn is moved to may make some difference to the community. A privately owned property is one possibility. An ideal public location might be Nottingham Park across the rail corridor to the north. There it would rest upon land that was also associated with the ranch from its beginnings in the late 1800s. In addition, this would place the barn closer to the relocated log cabin that formerly stood to its west. In Nottingham Park, the barn could be repurposed to serve the community, making it more accessible to the public than it has been for many years. Wherever it might end up, if the barn is to be moved it will require new concrete lower walls that should essentially replicate the ones there today. The woodwork throughout the building will need to be carefully disassembled, moved, and then reassembled on the new site. Interpretive signage placed outside the building could provide the public with information about its history, along with discussion of the fact that it was moved and saved for the benefit of the community. Exhibit F 22 Tatanka Historical Associates Inc. Bringing the Past to Life Bibliography Aerial Photograph of the Avon Area, View to the Southeast, 9 October 1970. Bill of Sale, Joseph H. Metherd to Paul Hahnewald, 17 July 1908, Eagle County Clerk and Recorder, Book 50, Page 540. Bill of Sale, I. Fedor Schlaepfer to Paul Hahnewald, 3 August 1908, Eagle County Clerk and Recorder, Book 50, Page 541. Bowen, Amy Metcalf. “Memories of Eagle County in the 1880s.” Unpublished manuscript in the historical collection of the Eagle Valley Library District, Eagle, Colorado, no date. (Bowen mentioned that the cabin built by her father in 1882 was still standing at the time she wrote this material, which was no earlier than the 1930s.) Carbonate Chronicle (Leadville) “The officers elected are as follows…,” 22 April 1901, p. 2. “Society,” 4 September 1911, p. 6. “Business Man Suddenly Called,” 30 December 1918, p. 1. “Albert Hahnewald,” (obituary) 30 December 1918, p. 3. Cash Patent, USA to John C. Metcalf, 2 June 1890. Eagle County Clerk & Recorder, Book 48, Page 272. General Land Office, Certificate No. 581 for the N½ of the NE¼ of Section 11 and the N½ of the NW¼ of Section 12, Township 5 South, Range 82 West. Decree of Final Settlement, Estate of Paul F. Kroelling, 11 March 1940, Eagle County Clerk and Recorder, Book 124, Page 524. Eagle County Blade (Eagle) “Local Paragraphs,” Notes Related to Metherd Purchase, 4 May 1905, p. 1 Eagle Valley Enterprise (Eagle) “Brand Directory,” 18 August 1916, p. 4 “Brand Directory,” 1 March 1918, p. 4 “Albert Hahnewald was down from the ranch,” 28 January 1921, p. 5 “Stockgrowers of Avon District Form Association,” 25 March 1921, p. 4 “Obbie Hahnewald Commits Suicide,” 20 August 1926, p. 1 “Frances Hahnewald Buried in Denver,” 16 March 1950, p. 1 “Eagle County Farmers Are Still Busy,” 19 October 1917, p. 1 “One of the really old settlers…, 29 October 1943, p. 5 “John W. Love…John C. Metcalf...,” 5 August 1921, p. 1 “Paul Hahnewald Dies,” 12 November 1937, p. 1 “Paul Kroelling one of the…,” 24 February 1922, p. 5 “P. F. Kroelling Dies,” 13 July 1938 “Paul Kroelling,” (death notice) 22 July 1938, p. 1 Exhibit F 23 Tatanka Historical Associates Inc. Bringing the Past to Life “Anna Kroelling,” 27 July 1950, p. 1 “Public Sale!,” (advertisement) 4 June 1948, p. 4 Edwards 7.5’ Topographic Quadrangle Map, United States Geological Survey, 1962 (revised 1987). Endersby, Elric, Alexander Greenwood and David Larkin. Barn: The Art of a Working Building. Boston, MA: Houghton Mifflin Company, 1992. Hart, Bobby. Bob-O’s Turn in Avon, Colorado. Bloomington, IN: AuthorHouse, 2005. Historic Photographs of the Hahnewald Barn, From the Collection of Tamra Nottingham Underwood, early 1970s. Homestead Patent, USA to John C. Metcalf, 18 July 1893. Eagle County Clerk & Recorder, Book 48, Page 508. General Land Office, Certificate No. 410 for the S½ of the SE¼ of Section 2, Township 5 South, Range 82 West. Leadville Daily Chronicle “The Colorado Bakery,” (advertisement) 26 May 1894, p. 3 “The Exciting Adventure of Two Young Men Who Went to the Woods,” 23 December 1897, p. 4 Metcalf Family History, Unpublished Manuscript Posted on Ancestry.com. Nottingham, Allan. Interviewed by Ron Sladek of Tatanka Historical Associates Inc. on 2 May 2016. Plat of the Benchmark at Beaver Creek Subdivision, Revised Final Plat, Reception No. 134061, Sheet 2 of 3, 9 August 1976, Eagle County Clerk and Recorder, Book 247, Page 989. Property Record Card, Parcel 2105-111-01-010, Eagle County Assessor. Receipt for Inheritance Tax, Estate of Paul F. Kroelling, 25 January 1939, Eagle County Clerk and Recorder, Book 124, Page 318. Resume of Applications and Amended Applications, Colorado Water Division 5, August 1999. Special Warranty Deed, Alameda National Bank to Upper Eagle Valley Sanitation District, 16 December 1982, Eagle County Clerk and Recorder, Book 351, Page 372. Statement of Claim to Water Right, Metcalf Ditch, Eagle County, Colorado, Water District No. 37, 16 August 1894. Exhibit F 24 Tatanka Historical Associates Inc. Bringing the Past to Life United States Census Records for Elizabeth “Lizzie” Love, El Paso County, CO (1870). United States Census Records for John and Lizzie Metcalf, Park County, CO (1880). United States Census Records for John W. Love, Breckenridge, Summit County, CO (1880) and Eagle County, CO (1885). United States Census Records for John W. Love, Elizabeth Metcalf and Charles Curry, Eagle County, CO (1900). United States Census Records for Joseph H. Metherd, Cass County, OH (1880), Kilsap County, WA (1910). United States Census Records for Paul F. Kroelling, Leadville, CO (1900 & 1910) and Avon, CO (1920). United States Census Records for the family of Harry and Marie Nottingham, Avon, CO (1940). Vlach, John Michael. Barns. New York, NY: W. W. Norton & Company, 2003. Warranty Deed, John C. Metcalf to the Denver & Rio Grande Railroad, 10 January 1887, Eagle County Clerk and Recorder, Book 19, Page 586. Warranty Deed, John C. Metcalf to Lizzie Metcalf, 21 December 1896, Eagle County Clerk and Recorder, Book 47, Page 218. Warranty Deed, Lizzie Metcalf Curry and Charles A. Curry to Joseph H. Metherd, 29 April 1905, Eagle County Clerk and Recorder, Book 72, Page 66. Warranty Deed, Joseph H. Metherd to Paul Hahnewald, 17 July 1908, Eagle County Clerk and Recorder, Book 72, Page 422. Warranty Deed, Paul Hahnewald to Albert Hahnewald, 24 November 1908, Eagle County Clerk and Recorder, Book 72, Page 449. Warranty Deed, Albert Hahnewald to Paul F. Kroelling, 1 November 1915, Eagle County Clerk and Recorder, Book 87, Page 63. Warranty Deed, Anna Kroelling and Fred Kroelling to Harry A. Nottingham, 1 May 1948, Eagle County Clerk and Recorder, Book 131, Page 353. Warranty Deed, Harry A. Nottingham to Harry A. Nottingham, Jr., 31 March 1955, Eagle County Clerk and Recorder, Book 148, Page 9. Exhibit F 25 Tatanka Historical Associates Inc. Bringing the Past to Life Warranty Deed, Benchmark at Beaver Creek to Alameda National Bank, 28 December 1977, Eagle County Clerk and Recorder, Book 264, Page 94. Warranty Deed, Upper Eagle Valley Consolidated Sanitation District to the Eagle River Water and Sanitation District, 1 July 1996, Eagle County Clerk and Recorder, Book 708, Page 212. Warranty Deed to Corporation, H. Arnold Nottingham and Allan R. Nottingham to Benchmark-Avon Properties, 27 December 1972, Eagle County Clerk and Recorder, Book 227, Page 253. Warranty Deed to Joint Tenants, Estate of Paul F. Kroelling to Anna Kroelling and Fred Kroelling, 11 March 1940, Eagle County Clerk and Recorder, Book 127, Page 126. Welch, Shirley and the Eagle County Historical Society. The Eagle River Valley. Charleston, SC: Arcadia Publishing, Images of America Series, 2008. Exhibit F 26 Tatanka Historical Associates Inc. Bringing the Past to Life Appendix A Photos of the Hay Rail and Carrier in the Possession of Tamra Nottingham Underwood The rail shown here extends beyond the photo and is 14’ in length. (photograph by Allan R. Nottingham) The Louden Hay Carrier, Patented 1894 and Manufactured by the Louden Machinery Company of Fairfield, Iowa. Exhibit F TOWN COUNCIL REPORT Town Attorney Eric Heil will forward documents for this agenda item prior to Tuesday’s meeting. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Eva Wilson, Transportation Director Meeting Date: November 14, 2017 Topic: Division of Transit and Rail FTA Section 5311 Grant Agreement with Town of Avon ACTION BEFORE COUNCIL: Council is asked to review, make any changes and sign the 5311 Grant Agreement with CDOT. COUNCIL MOTION: “I move to approve the Division of Transit and Rail FTA Section 5311 Grant Agreement with the Town of Avon and authorize Mayor Jennie Fancher to sign the agreement.” SUMMARY: Approval of the State of Colorado CDOT grant in the amount of $75,000 has been included on the consent agenda. CDOT is awarding the Town of Avon up to $75,000 to match Avon’s operating cost for Avon Transit. Avon Transit is year round "fare Free" ADA accessible public transportation system offering fixed route service throughout the Town daily from 6:30 a.m. to 6:00 p.m. Complimentary Para-transit is provided for qualified individuals living/visiting within the Town of Avon. Mountain access to the Beaver Creek Ski resort is provided during the winter season from Thanksgiving to Easter daily from 8:00 a.m. to 6:00 p.m. Evening transit service is provided daily throughout the winter season between Avon and Beaver Creek from 6:00 p.m. to 10:00 p.m. GRANT AGREEMENT TERMS: This Grant Agreement is for the 2018 calendar year and commences on January 01, 2018, and will expire on December 31, 2018. The Town Attorney has reviewed and approved the Grant Agreement. The Grant Agreement defines the “Project Budget” as $150,000 and provides up to 50% funding (i.e. $75,000), see EXHIBIT A – SCOPE OF WORK AND BUDGET. Due to the federal funding source, the Grant Agreement requires the Town to comply with several federal regulations regarding ethics, procurement, insurance, lobbying, record keeping, civil rights, and lots more. The Town already meets the federal requirements as a result of the federal funding for the Regional Transit facility. Administration cost for the Grant Agreement is minimal and the $75,000 grant award helps to defray public transit costs to Avon tax payers. ATTACHMENT: Division of Transit and Rail FTA Section 5311 Grant Agreement CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #: 183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 1 of 45 STATE OF COLORADO Colorado Department of Transportation Division of Transit and Rail FTA Section 5311 Grant Agreement with TOWN OF AVON TABLE OF CONTENTS 1. PARTIES ............................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY .................................................................. 1 3. RECITALS ............................................................................................................................................ 2 4. DEFINITIONS ....................................................................................................................................... 2 5. TERM .................................................................................................................................................... 4 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN ........................................................... 4 7. PAYMENTS TO GRANTEE ................................................................................................................ 5 8. REPORTING - NOTIFICATION .......................................................................................................... 6 9. GRANTEE RECORDS.......................................................................................................................... 7 10. CONFIDENTIAL INFORMATION-STATE RECORDS..................................................................... 8 11. CONFLICTS OF INTEREST ................................................................................................................ 8 12. REPRESENTATIONS AND WARRANTIES ...................................................................................... 9 13. INSURANCE ......................................................................................................................................... 9 14. BREACH ............................................................................................................................................. 10 15. REMEDIES ......................................................................................................................................... 11 16. NOTICES and REPRESENTATIVES ................................................................................................ 13 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................ 13 18. GOVERNMENTAL IMMUNITY....................................................................................................... 13 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................. 13 20. GENERAL PROVISIONS .................................................................................................................. 14 21. COLORADO SPECIAL PROVISIONS .............................................................................................. 16 22. SIGNATURE PAGE ........................................................................................................................... 18 23. EXHIBIT A .......................................................................................................................................... 19 24. EXHIBIT B .......................................................................................................................................... 23 25. EXHIBIT C .......................................................................................................................................... 24 26. EXHIBIT D .......................................................................................................................................... 28 27. EXHIBIT E .......................................................................................................................................... 33 1. PARTIES This Grant (“Grant”) is entered into by and between TOWN OF AVON (“Grantee”), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Transit and Rail (“State” or “CDOT”). Grantee and the State hereby agree to the following terms and conditions. 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (“Effective Date”). Except as provided in Section 7(B)(ii), the State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 2 of 45 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1-702 and 43-2-101(4)(c) as amended, and funds have been budgeted, appropriated and otherwise made available pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149 and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose In accordance with 49 USC §5311, the purpose of this Grant is to provide capital, planning, and operating assistance to states to support public transportation in rural areas with populations less than 50,000, where many residents often rely on public transit to reach their destinations. The work to be completed under this Grant by the Grantee is more specifically described in Exhibit A. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget “Budget” means the budget for the Work described in Exhibit A. B. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in §6 and Exhibits A, B, C, D, and E. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Scope of Work and Budget), Exhibit B (Verification of Payment), Exhibit C (Supplemental Federal Provisions for Federally Funded Contracts, Grants, and Purchase Orders-FFATA), Exhibit D (Supplemental Federal Provisions for Federal Awards) and Exhibit E (Required Third Party Contract/Agreement Clauses). D. Federal Funds “Federal Funds” means the funds provided by the Federal Transit Administration (“FTA”) to fund performance of the work. E. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. F. Grant “Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein. G. Grant Funds “Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant. H. Grantee “Grantee” for the purposes of this Grant means the Grantee named in Section 1. I. Local Funds “Local Funds” means funds provided by any city, county, or entity (public or private) for performance of the Work and includes in-kind contribution. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 3 of 45 J. Master Agreement “Master Agreement” means the FTA document incorporated by reference and made part of FTA’s standard terms and conditions governing the administration of a project supported with federal assistance awarded by FTA. K. Other than Urbanized (Non-urbanized) Area “Other than Urbanized (Nonurbanized) Area” means any area outside of an urbanized area. The term “nonurbanized area” includes Rural Areas and urban areas under 50,000 in population not included in an Urbanized Area. L. Party or Parties “Party” means the State or Grantee and “Parties” means both the State and Grantee. M. Project “Project” means Work identified in Exhibit A. N. Public Transportation “Public Transportation” for purposes of the federal transit program, has the same meaning as “transit,” and “mass transportation,” and: (1) Includes transportation by a conveyance that provides regular and continuing: a. General transportation to the public, or b. Special transportation to the public, but (2) Does not include: a. School bus transportation, b. Charter transportation c. Sightseeing transportation, d. Intercity bus transportation, or e. Intercity passenger rail transportation provided by Amtrak or a successor to the entity described in 49 USC chapter 243 (Amtrak). O. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6, §19 and Exhibit A. P. Rural Area “Rural Area” means an area with low population and density outside the boundaries of an urban area. However, the term “rural” is commonly used to refer to all areas other than urbanized areas and is so used in this Grant. Q. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. R. Subgrantee “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. S. Third Party Participant “Third Party Participant” means, unless FTA determines otherwise in writing, all participants in the Grantee’s Project that are not CDOT or FTA, such as: 1. Subgrantees, 2. Lessees, 3. Third party contractors, 4. Third party subcontractors, and 5. Other participants in the Grantee’s Project. T. Urban Area “Urban Area” means an area that includes a municipality or other built-up place that the Secretary of Commerce, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in a locality. U. Urbanized Area “Urbanized Area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 4 of 45 Commerce. “Small urbanized areas” as used in the context of FTA formula grant programs are urbanized areas with a population of at least 50,000 but less than 200,000. V. Work “Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services and delivery of the Goods. W. Work Product/Deliverable “Work Product” or “Deliverable” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term-Work Commencement This Agreement shall commence on January 01, 2018, and funds shall be expended by December 31, 2018 (the “End Date”) as detailed under the Project Schedule in Exhibit: A. If the Work shall be performed in multiple phases, the period of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A. This Grant shall terminate on December 31, 2018 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any intial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two- month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6. STATEMENT OF WORK / CONTRACT OBJECTIVE PLAN A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before December 31, 2018. Except as provided in §7(B)(ii), the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantee(s) shall be considered Grantee’s or Subgrantee’s employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. D. Federal Laws, Rules and Regulations If the Grant Funds involves federal funding, Grantee understands and agrees that federal laws, rules and regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to all State requirements. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 5 of 45 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $75,000.00, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. B. Payment i. Matching Funds The Subrecipient shall provide matching funds as provided in §7 and Exhibit A. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. The Subrecipient’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of the Subrecipient and paid into the Subrecipient’s treasury or bank account. The Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. The Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the Subrecipient. The Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency’s laws or policies. ii. Retroactive Payments The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State. As authorized by the FTA, such Grantee share (local funds) may include costs or expenses incurred or performance by the Grantee prior to the Effective Date. iii. Reimbursement of Subrecipient Costs The State shall reimburse the Subrecipient’s allowable costs, not exceeding the maximum total amount described in Exhibit A and §7. The State shall reimburse the Subrecipient for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit A. However, any costs incurred by the Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of preaward costs and indication that the Federal Award funding is retroactive. Allowable costs shall be: a) Reasonable and Necessary Reasonable and necessary to accomplish the Work and for the Goods and Services provided. b) Net Cost Actual net cost to the Subrecipient (i.e. the price paid minus any items of value received by the Subrecipient that reduce the cost actually incurred). iv. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 6 of 45 funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. v. Invoicing Any advance payment allowed under this Grant shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. vi. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. vii. Closeout The Subrecipient shall close out this Grant within 90 days after the End Date. Grant close out entails submission to the State by the Subrecipient of all documentation defined as a Deliverable in this Agreement, and Subrecipient’s final reimbursement request. The State shall withhold 5% of the allowable costs until all final project documentation has been submitted and accepted by State as substantially complete. If the project has not been closed by [Federal awarding agency] within 1 year and 90 days after the End Date due to Subrecipient’s failure to submit required documentation that the State has requested from the Subrecipient, then the Subrecipient may be prohibited from applying for new Federal Awards through the State until such documentation has been submitted and accepted. viii. Erroneous Payments The closeout of a federal award does not affect the right of [Federal Awarding Agency] or [PTE] to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the record retention period. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in the Manual and/or Exhibits A, C, D, and E. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 7 of 45 C. Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and State laws and shall provide that such subgrants be governed by the laws of the State of Colorado. E. Performance and Final Status Party shall submit, all financial, performance, and other reports to State no later than 90 calendar days after the End Date or sooner termination of this Agreement containing an Evaluation and Review of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. F. Violations Reporting Subrecipient must disclose, in a timely manner, in writing to the State and to the Federal Awarding Agency responsible for issuance of the Federal Award, all violations of Federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Grant. Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321). 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) for a period of three years following the date of submission to the State of the final expenditure report, or if this Grant is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to the Grant starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State may notify Grantee in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 8 of 45 D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, any State records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72-101 et seq. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. To the extent permitted by law, the Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Subrecipient shall not engage in any business or personal activities or practices or maintain any relationships that conflict in any way with the full performance of Subrecipient’s obligations hereunder. Such a conflict of interest would arise when a Subrecipient’s employee, officer or agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or receives a tangible personal benefit from Subrecipient’s receipt of the Federal Award and/or entry into this Grant Agreement. Officers, employees and agents of the Subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Subrecipient acknowledges that with respect to this Grant Agreement, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Subrecipient’s obligations to the State hereunder. If a conflict or the appearance of a conflict exists, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict of interest exists, Subrecipient shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant Agreement. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 9 of 45 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee’s liabilities under the GIA. ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 10 of 45 ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 11 of 45 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B), provided however, that the State may terminate this Grant pursuant to §15(B) without a breach. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State’s property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 12 of 45 ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 13 of 45 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Jane Hickey Division of Transit and Rail 4201 E. Arkansas Ave. Denver, CO 80222 303-757-9237 jane.hickey@state.co.us B. Grantee: Eva Wilson TOWN OF AVON P.O. Box 975 AVON, CO, 81620 970-748-4111 ewilson@avon.org 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Grantee agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Government and State purposes. All Work Product shall be delivered to the State by Grantee upon completion or termination hereof. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration process and CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 14 of 45 Grantee’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee’s obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA, or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties: Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 15 of 45 accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit C (Supplemental Federal Provisions for Federally Funded Contracts, Grants, and Purchase Orders-FFATA), ii. Exhibit D (Supplemental Federal Provisions for Federal Awards) iii. Exhibit E (Required Third Party Contract/Agreement Clauses), iv. Colorado Special Provisions, v. The Provisions of the main body of this Grant, vi. Exhibit A (Scope of Work and Budget), vii. Additional Exhibits in the order in which they appear. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 16 of 45 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5) Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 17 of 45 I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4 [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101 [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101 Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 18 of 45 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE TOWN OF AVON By: _______________________________________________________________________________________________________________ Print Name of Authorized Individual Title: ______________________________________________________________________________________________________________ Print Title of Authorized Individual ____________________________________________ *Signature Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Transportation Shailen P. Bhatt– Executive Director _______________________________________ By: Signatory avers to the State Controller or delegate that, except as specified herein, Grantee has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules Date: _________________________ 2nd Grantee Signature if Needed By: _______________________________________________________________________________________________________________ Print Name of Authorized Individual Title: ______________________________________________________________________________________________________________ Print Title of Authorized Individual ____________________________________________ *Signature Date: _________________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Colorado Department of Transportation Date:_____________________ CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 19 of 45 23. EXHIBIT A - SCOPE OF WORK AND BUDGET Town of Avon Title of Project Town of Avon CY2018 Operating ALI 1 30.09.01 Federal Award Date To Be Determined Project Description CY2018 FTA 5311 Operating Recipient Town of Avon DUNS # 183017193 Contact Name Eva Wilson Vendor Number 2000101 Address One Lake Street PO Box 975 Avon, CO 81620 Phone # (970) 748-4111 Email ewilson@avon.org Indirect Rate: N/A FAIN To Be Determined CFDA 20.509 Total Project Budget Operating Costs *WBS Element 18-11-4038.AVON.300 Federal Funds 50% $75,000 Local Funds 50% $75,000 Operating Total $150,000 Total Project Budget Amount $150,000 Total Project Amount Encumbered via This Grant Agreement $150,000 *The grants and line item WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. **This grant is not a research and development project. A. Agency Overview Avon Transit is year round "fare Free" ADA accessible public transportation system offering fixed route service throughout the town daily from 6:30 a.m. to 6:00 p.m. Complimentary Para-transit is provided for qualified individuals living/visiting within the Town of Avon. Mountain access to the Beaver Creek Ski resort is provided during the winter season from Thanksgiving to Easter daily from 8:00 a.m. to 6:00 p.m. Evening transit service is provided daily throughout the winter season between Avon and Beaver Creek from 6:00 p.m. to 10:00 p.m. B. Project Description Town of Avon shall maintain the existence of public transportation services through the following goals: 1. Enhance access to health care, shopping, education, employment, public services, and recreation; 2. Assist in the maintenance, development, improvement and use of public transportation in their Transportation Planning Region (TPR); 3. Encourage and facilitate the most efficient use of all transportation funds used to provide passenger transportation in their TPR through the coordination of programs and services; and 4. Encourage mobility management, employment-related transportation alternatives, joint development practices, and transit-oriented development. Section 5311 funding is provided to support the services described in the Project Description above for calendar year 2018 (January 1 – December 31). CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 20 of 45 C. Performance Standards 1. Performance will be reviewed throughout the grant agreement. Town of Avon will need to report to the CDOT Project Manager whenever one or more of the following occurs. a. Budget or schedule changes. b. Scheduled milestone or completion dates were not met. c. Identification of problem areas and how the problems will be solved. d. Expected impacts and the efforts to recover from delays. 2. Performance will be reviewed based on completion of 5311 Quarterly Report, focused on required data collected in the NTD Report: 3. Milestones Milestone Name Milestone Description Original Est. Complete Date MILE-063488 Submit Reimbursement Request in COTRAMS Monthly MILE-063489 Submit Progress Reports to GU Manager Monthly MILE-063490 Submit Final Reimbursement Request in COTRAMS March 1, 2019 IMPORTANT NOTE: All project work must be completed before the contract expiration date of December 31, 2018. In addition, all milestones must be completed before the project will be deemed final and complete. D. Project Budget 1. The Total Project Budget Amount is $150,000. The State will pay no more than 50% of the eligible, actual Operating costs up to the maximum federal amount of $75,000. Town of Avon shall be solely responsible for all costs incurred in the Project in excess of the amount paid by the State from federal funds for the federal share of eligible, actual costs. In the event the final, actual Project cost is less than the maximum allowable cost of $150,000, the State is not obligated to provide any more than 50% of the eligible, actual operating costs and shall retain the remaining balance of the federal share. For CDOT accounting purposes, the Federal Operating Funds of $75,000 (50%), and matching Local Funds of $75,000 (50%), will be encumbered for this Grant Agreement. 2. Town of Avon's share, together with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The State will administer federal funds for this Project under the terms of this Grant Agreement, provided that the federal share of FTA funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds for the Town of Avon's share of the Project. Town of Avon shall initiate and prosecute to completion all actions necessary to enable Town of Avon to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. 3. No refund or reduction of the amount of the Town of Avon's share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 4. Town of Avon may use federal funds for the local share, but those funds cannot be from other federal Department of Transportation (DOT) programs. The Town of Avon share, together with the federal share, must be enough to ensure payment of Total Project Budget. 5. The State shall have no obligation to provide State funds for use on this Project. The State will administer federal funds for this Project under the terms of this Grant, provided that the federal share of FTA funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds for Town of Avon’s share of the Project. Town CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 21 of 45 of Avon shall initiate and prosecute to completion all actions necessary to enable Town of Avon to provide its share of the total project budget at or prior to the time that such funds are needed to meet the total project budget. E. Allowable Costs 1. Town of Avon shall agree to adhere to the provisions for allowable and disallowed costs cited in the following regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI; Financial Management; Master Agreement, Section 6 “Non-Federal Share:” and 2 CFR 200.102. Other applicable requirements for cost allowability not cited previously shall also be considered. 2. Town of Avon’s operating expenses are those costs directly related to system operations. Town of Avon at a minimum, should consider the following items as operating expenses: fuel, oil, driver’s salaries and fringe benefits, dispatcher salaries and fringe benefits, and licenses. 3. If Town of Avon elects to take administrative assistance, eligible costs may include but are not limited to: general administrative expenses (e.g., salaries of the project director, secretary, and bookkeeper); marketing expenses; insurance premiums or payments to a self-insurance reserve; office supplies; facilities and equipment rental; standard overhead rates; and the costs of administering drug and alcohol testing. Additionally, administrative costs for promoting and coordinating ridesharing are eligible as project administration if the activity is part of a coordinated public transportation program. F. Contract Expiration This Grant will expire according to the terms and conditions of the Grant. The expiration date for this Grant is December 31, 2018. G. Reimbursement Eligibility 1. Town of Avon must submit invoice(s) to the State via COTRAMS. Reimbursement will apply only to eligible expenses that are incurred after January 1st of the operating year of this Grant Agreement through December 31, 2018. 2. Reimbursement requests must be within the limits of Section E, Allowable Costs, of this Grant. Town of Avon will be reimbursed based on the ratio of Federal Share and Local Share set forth in Project Budget above. 3. Town of Avon must submit the final invoice within 60 days of December 31, 2018 and complete a Grant Closeout and Liquidation (GCL) Form within 15 days of final reimbursement payment. H. Special Conditions 1. Town of Avon will comply with the Federal Transit Administration (FTA) Drug and Alcohol Regulations, to include on time submission to FTA’s Drug and Alcohol Management Information System (DAMIS). 2. Town of Avon shall maintain and report through submission of an annual report all information required by the National Transit Database (NTD) and any other financial, fleet, service data set forth by the State for the purpose of reporting required of the State. 3. Any costs reimbursed to Town of Avon from other grant programs funds may not be listed as a cost to be shared by FTA on a reimbursement request (i.e., no double billing). 4. If Town of Avon is unable to perform the activities described under Paragraph B., Project Description, or must significantly change its level of service described herein, the Grantee shall notify the State in writing. 5. Town of Avon must obtain prior State approval if FTA funds are intended to be used for payment of a lease or for third-party contracts. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 22 of 45 6. Town of Avon must maintain bus safety records, if applicable. These records must be submitted to the State, if the State requests them. The records may include the number of vehicle accidents within certain time frames as requested by the State, the number and extent of passenger injuries and claims, and the number and extent of employee accidents, injuries, and incidents. 7. Town of Avon shall document any loss, damage, or theft of FTA-funded property, equipment or rolling stock in CDOT Transit and Rail Awards Management System (COTRAMS). 8. Town of Avon will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990, as applicable. 9. Town of Avon will work cooperatively with CDOT to market and/or publicize this project as requested by CDOT. Such efforts may include ribbon cuttings, news articles, photos, and/or other media to be supplied by Town of Avon as appropriate. 10. Town of Avon must permit CDOT and its auditors to have access to Town of Avon records and financial statements as necessary for CDOT to meet the federal requirements. I. Training In an effort to enhance transit safety, Town of Avon shall make a good faith effort to ensure that appropriate training of agency personnel is occurring and that personnel are up to date in appropriate certifications. In particular, Town of Avon shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting elderly and disabled clients. J. Restrictions on Lobbying Town of Avon shall certify that it complies with 2 CFR 200.450, Lobbying, prior to the expenditure of the Federal funds provided in this Grant. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 23 of 45 24. EXHIBIT B - VERIFICATION OF PAYMENT This checklist is to assist the Grantee in preparation of its billing packets to CDOT. This checklist is provided as guidance and is subject to change by CDOT. CDOT shall provide notice of any such changes to Grantee. All items may not apply to your particular entity. CDOT’s goal is to reimburse Grantees as quickly as possible and a well organized and complete billing packet helps to expedite payment. □ Verification of Payment – General Ledger Report must have the following: ○ Identify check number or EFT number ○ If no check number is available, submit Accounts Payable Distribution report with the General Ledger ○ In-Kind (must be pre-approved by CDOT) and/or cash match ○ Date of the report ○ Accounting period ○ Current period transactions ○ Account coding for all incurred expenditures. If no General Ledger Report, all of the following are acceptable: ○ copies of checks ○ check registers ○ paycheck stub showing payment number ○ showing the amount paid, the check number or electronic funds transfer (EFT) and the date paid. CDOT needs to ensure that expenditures incurred by the local agencies have been paid by the local agency before CDOT is invoiced by the local agency. Payment amounts should match the amount requested on the reimbursement. Additional explanation and documentation is required for any variances. □ In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by CDOT prior to any work taking place. If in-kind or cash match is being used for the local match, the in-kind or cash match portion of the project must be included in the project application and the scope of work attached to the contract or purchase order. FTA does not require pre-approval of in-kind or cash match, but CDOT does. General ledger must also show the in-kind and/or cash match. □ Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by CDOT prior to applying it to the reimbursements. If indirect costs are being requested, an approved indirect letter from CDOT or your cognizant agency must be provided. The letter must state what indirect costs are allowed, the approved rate and the time period for the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. □ Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements. Submit an approval letter from cognizant agency that verifies fringe benefit or Submit the following fringe benefit rate proposal package to CDOT Audit Division: ○ Copy of Financial Statement ○ Personnel Cost Worksheet ○ State of Employee Benefits ○ Cost Policy Statement CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 24 of 45 25. EXHIBIT C - SUPPLEMENTAL FEDERAL PROVISIONS FOR FEDERALLY FUNDED CONTRACTS, GRANTS, and PURCHASE ORDERS-FFATA State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended As of 3-20-13 The contract, grant, or purchase order to which these Supplemental Provisions are attached may be funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform. 1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization; CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 25 of 45 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity. 1.6. “Executive” means an officer, managing partner or any other employee in a management position. 1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency Act.” 1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award. 1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term “Subrecipient” includes and may be referred to as Subgrantee. 1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award Management (SAM) profile, if applicable. 1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17. “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 26 of 45 Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor’s information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Sub-awards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Sub-recipient Reporting Requirements. If Contractor is a Sub-recipient, Contractor shall report as set forth below. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 27 of 45 7.1. To SAM. A Sub-recipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1. Sub-recipient DUNS Number; 7.1.2. Sub-recipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3. Sub-recipient Parent DUNS Number; 7.1.4. Sub-recipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5. Sub-recipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6. Sub-recipient’s Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1. Sub-recipient’s DUNS Number as registered in SAM. 7.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3. Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4. There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 28 of 45 26. EXHIBIT D - SUPPLIMENTAL FEDERAL PROVISIONS FOR FEDERAL AWARDS Supplemental Provisions for Federal Awards Subject to The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Federal Register, Vol. 78, No. 248, 78590 The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1 “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38 1.2 “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 1.3 “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. 2 CFR §200.37 1.4 “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. 1.5 “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an Award. The term does not include an agreement that provides only direct Federal cash assistance to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR §200.51. 1.6 “OMB” means the Executive Office of the President, Office of Management and Budget. 1.7 “Recipient” means a Colorado State department, agency or institution of higher education that receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86 1.8 “State” means the State of Colorado, acting by and through its departments, agencies and institutions of higher education. 1.9 “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part of a Federal program. The term does not include an individual who is a beneficiary of such program. 1.10 “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.11 “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 29 of 45 2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Procurement Standards. 3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass-through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5). 5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 75017507). 2 CFR §200.501. 5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a program- specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. 5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F Audit Requirements. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 30 of 45 6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement. 6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”. “During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 31 of 45 Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.” 6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 32 of 45 7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 8. Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 9. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F- Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014. 10. Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards. Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non-Federal entities to improve program outcomes. The Federal awarding agency is required to provide recipients with clear performance goals, indicators, and milestones (200.210). Also, must require the recipient to relate financial data to performance accomplishments of the Federal award. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 33 of 45 27. EXHIBIT E - REQUIRED THIRD PARTY CONTRACT/AGREEMENT CLAUSES All FTA-Assisted Third Party Contracts and Subcontracts from the Current FTA Master Agreement [FTA MA(23)] Section 3.l. – No Federal government obligations to third-parties by use of a disclaimer l. No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or CDOT expressly consents in writing, the Grantee agrees that: (1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the Agreement, to any Third Party Participant at any tier, or to any other person or entity that is not a party (FTA, CDOT or the Grantee) to the Agreement, and (2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation or Third Party Agreement at any tier that may affect the Agreement, the Federal Government and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the Grantee) to the Agreement. Section 4.f. – Program fraud and false or fraudulent statements and related acts f. False or Fraudulent Statements or Claims. (1) Civil Fraud. The Grantee acknowledges and agrees that: (a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. part 31. (b) By executing the Agreement, the Grantee certifies and affirms to the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or representation that the Grantee provides to the Federal Government and CDOT. (c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Grantee presents, submits, or makes available any false, fictitious, or fraudulent information. (2) Criminal Fraud. The Grantee acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal Government to impose the penalties under 18 U.S.C. § 1001 if the Grantee provides a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law. Section 9. Record Retention and Access to Sites of Performance. a. Types of Records. The Grantee agrees that it will retain, and will require its Third Party Participants to retain, complete and readily accessible records related in whole or in part to the Underlying Agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Grantee agrees that it will comply with the record retention requirements in the applicable U.S. DOT Common Rule. Records pertaining to its Award, the accompanying Agreement, and any Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three years after the Grantee has submitted its last or final expenditure report, and other pending matters are closed. c. Access to Recipient and Third Party Participant Records. The Grantee agrees and assures that each Subgrantee, if any, will agree to: (1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information related to its Award, the accompanying Agreement, and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the Grantee and each of its Subgrantee, (2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of the Grantee or Third Party Participant within books, records, accounts, or other locations, and CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 34 of 45 (3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules. d. Access to the Sites of Performance. The Grantee agrees to permit, and to require its Third Party Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT Common Rules. e. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of the Master Agreement. 3.G – Federal Changes g. Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance. The Grantee agrees to comply with all applicable federal requirements and federal guidance. All standards or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement, or this Master Agreement. At the time the FTA Authorized Official (CDOT) awards federal assistance to the Grantee in support of the Agreement, the federal requirements and guidance that apply then may be modified from time to time, and will apply to the Grantee or the accompanying Agreement. 12 – Civil Rights c. Nondiscrimination – Title VI of the Civil Rights Act. The Grantee agrees to, and assures that each Third Party Participant, will: (1) Prohibit discrimination on the basis of race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other applicable federal guidance that may be issued. d. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Grantee agrees to, and assures that each Third Party Participant will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs, (c) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement, (d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients,” and (e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability, (2) Specifics. The Grantee agrees to, and assures that each Third Party Participant will: (a) Prohibited Discrimination. Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their race, color, religion, national origin, disability, age, sexual orientation, gender identity, or status as a parent, as provided in Executive Order No. 11246 and by any later Executive Order that amends or supersedes it, and as specified by U.S. Department of Labor regulations, (b) Affirmative Action. Take affirmative action that includes, but is not limited to: CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 35 of 45 1 Recruitment advertising, recruitment, and employment, 2 Rates of pay and other forms of compensation, 3 Selection for training, including apprenticeship, and upgrading, and 4 Transfers, demotions, layoffs, and terminations, but (c) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and (3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. h. Nondiscrimination on the Basis of Disability. The Grantee agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, (k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and (l) Other applicable federal civil rights and nondiscrimination regulations and guidance. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 36 of 45 Incorporation of FTA Terms – 16.a. a. Federal Laws, Regulations, Requirements, and Guidance. The Grantee agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements, (2) To comply with the applicable U.S. DOT Common Rules, and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Energy Conservation – 26.j j. Energy Conservation. The Grantee agrees to, and assures that its Subgrantees, if any, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 C.F.R. part 622, subpart C. Applicable to Awards exceeding $10,000 Section 11. Right of the Federal Government to Terminate. a. Justification. After providing written notice to the Grantee, the Grantee agrees that the Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if: (1) The Grantee has failed to make reasonable progress implementing the Award, (2) The Federal Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award, or (3) The Grantee has violated the terms of the Agreement, especially if that violation would endanger substantial performance of the Agreement. b. Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal Government may recover the federal assistance it has provided for the Award, including the federal assistance for obligations properly incurred before the termination date if it determines that the Grantee has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Agreement, and require the Grantee to refund the entire amount or a lesser amount, as the Federal Government may determine including obligations properly incurred before the termination date. c. Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of performance established for the Award does not, by itself, constitute an expiration or termination of the Award; FTA may extend the period of performance to assure that each Formula Project or related activities and each Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems appropriate. Applicable to Awards exceeding $25,000 From Section 4. Ethics. b. Debarment and Suspension. The Grantee agrees to the following: (1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200. (2) It will not enter into any arrangement to participate in the development or implementation of the Underlying Agreement with any Third Party Participant that is debarred or suspended except as authorized by: (a) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, (b) U.S. OMB regulatory guidance, “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto, (c) Executive Orders No. 12549, “Uniform Suspension, Debarment or Exclusion of Participants from Procurement or Nonprocurement Activity,” October 13, 1994, 31 U.S.C. § 6101 note, as amended by CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 37 of 45 Executive Order No. 12689, “Debarment and Suspension,” August 16, 1989, 31 U.S.C. § 6101 note, and (d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or suspended Grantees or Third Party Participants. (3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200. (4) It will include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: (a) Complies with federal debarment and suspension requirements, and (b) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200. (5) If the Grantee suspends, debars, or takes any similar action against a Third Party Participant or individual, the Grantee will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Grantee is located or implements the Agreement, (b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or (c) FTA Chief Counsel. Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note) Note: Applicable when tangible property or construction will be acquired Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Grantee agrees tocomply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j), Section 39. Disputes, Breaches, Defaults, or Other Litigation. a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or disagreement involving the Award, the accompanying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. b. Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges, the Grantee must promptly notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in which the Grantee is located. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) If the Grantee has credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant of the Grantee, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, the Grantee must promptly notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Grantee is located. c. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Agreement. Notwithstanding the preceding sentence, the Grantee may return all liquidated damages it receives to its Award Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Grantee receives FTA’s prior written concurrence. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 38 of 45 d. Enforcement. The Grantee must pursue its legal rights and remedies available under any third party agreement, or any federal, state, or local law or regulation. Applicable to Awards exceeding $100,000 by Statute From Section 4. Ethics. d. Lobbying Restrictions. The Grantee agrees that neither it nor any Third Party Participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (a) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended, (b) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with 31 U.S.C. § 1352, as amended, and (c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature, and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Grantee’s or Subgrantee’s proper official channels. Section 26. Environmental Protections - Clean Air and Clean Water d. Other Environmental Federal Laws. The Grantee agrees to comply or facilitate compliance and assures that its Third Party Participants will comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos. 11988 and 13690 relating to “Floodplain Management.” Applicable with the Transfer of Property or Persons Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Grantee agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j), b. Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 C.F.R. part 381, and c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143. Applicable to Construction Activities Section 24. Employee Protections. a. Awards Involving Construction. The Grantee agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the Agreement, including the: (1) Prevailing Wage Requirements of: (a) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis-Bacon Related Act”), (b) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, and (c) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. (2) Wage and Hour Requirements of: CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 39 of 45 (a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., an (b) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. (3) “Anti-Kickback” Prohibitions of: (a) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874, (b) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145, and (c) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 C.F.R. part 3. (4) Construction Site Safety of: (a) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and (b) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 C.F.R. part 1904; “Occupational Safety and Health Standards,” 29 C.F.R. part 1910; and “Safety and Health Regulations for Construction,” 29 C.F.R. part 1926. From Section 16 n. Bonding. The Grantee agrees to comply with the following bonding requirements and restrictions as provided in federal regulations and guidance: (1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract performance bonds, and payment bonds. (2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not involving construction, the Grantee will not impose excessive bonding and will follow FTA guidance. From Section 23 b. Seismic Safety. The Grantee agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 C.F.R. part 41, specifically, 49 C.F.R. § 41.117. Section 12 Civil Rights D.3 (3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. Applicable to Nonconstruction Activities From Section 24. Employee Protections b. Awards Not Involving Construction. The Grantee agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. Applicable to Transit Operations d. Public Transportation Employee Protective Arrangements. As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Grantee agrees to comply and assures that each Third Party Participant will comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 40 of 45 (1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto involve public transportation operations and are supported with federal assistance appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may provide federal assistance for that Award. The Grantee agrees that the certification issued by U.S. DOL is a condition of the Agreement and that the Grantee must comply with its terms and conditions. (2) Special Warranty. When its Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The Grantee agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the Grantee must comply with its terms and conditions. (3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The Grantee agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate. Section 28. Charter Service. a. Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 C.F.R. part 604, any other Federal Charter Service regulations, federal requirements, or federal guidance. b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA has established the following additional exceptions to those restrictions: (1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Grantee uses that federal assistance for FTA program purposes only, and (2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the Grantee uses that federal assistance for program purposes only. c. Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA’s Charter Service regulations, 49 C.F.R. part 604, appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. Section 29. School Bus Operations. a. Prohibitions. The Grantee agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 C.F.R. part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal requirements, or applicable federal guidance. b. Violations. If a Grantee or any Third Party Participant has operated school bus service in violation of FTA’s School Bus laws, regulations, or requirements, FTA may require the Grantee or Third Party Participant to take such remedial measures as FTA considers appropriate, or bar the Grantee or Third Party Participant from receiving federal transit assistance. CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 41 of 45 From Section 35 Substance Abuse b. Alcohol Misuse and Prohibited Drug Use. (1) Requirements. The Grantee agrees to comply and assures that its Third Party Participants will comply with: (a) Federal transit laws, specifically 49 U.S.C. § 5331, (b) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 C.F.R. part 655, and (c) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 C.F.R. part 40. (2) Remedies for Non-Compliance. The Grantee agrees that if FTA determines that the Grantee or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Grantee or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. Applicable to Planning, Research, Development, and Documentation Projects Section 17. Patent Rights. a. General. The Grantee agrees that: (1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the Grantee or Third Party Participant produces a patented or patentable invention, improvement, or discovery, (2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to practice with federal assistance provided through the Agreement, or (3) When a patent is issued or patented information becomes available as described in the preceding section 17.a.(2) of this Master Agreement (FTA MA(23)), the Grantee will notify FTA immediately, and provide a detailed report satisfactory to FTA. b. Federal Rights. The Grantee agrees that: (1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements, and guidance, including any waiver thereof, and (2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any Third Party Participant as a large business, small business, state government, state instrumentality, local government, Indian tribe, nonprofit organization, institution of higher education, or individual, the Grantee will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 C.F.R. part 401. c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Grantee agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income, and must be used in compliance with applicable federal requirements. Section 18. Rights in Data and Copyrights. a. Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Agreement. b. General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: (1) Prohibitions. The Grantee may not publish or reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so. (2) Exceptions. The prohibitions do not apply to publications or reproductions for the Grantee’s own internal use, an institution of higher learning, the portion of subject data that the Federal Government has CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 42 of 45 previously released or approved for release to the public, or the portion of data that has the Federal Government’s prior written consent for release. c. Federal Rights in Data and Copyrights. The Grantee agrees that: (1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non- exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes, and (2) U.S. DOT Public Access Plan – Copyright License. The Grantee grants to U.S. DOT a worldwide, non- exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully or partially by this funding agreement. The Grantee herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. d. Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research, development, demonstration, deployment, technical assistance, or special studies program is to increase transportation knowledge, rather than limit the benefits of the Award to the Grantee and its Third Party Participants. Therefore, the Grantee agrees that: (1) Publicly Available Report. When an Award providing federal assistance for any of the programs described above is completed, it must provide a report of the Agreement that FTA may publish or make available for publication on the Internet. (2) Other Reports. It must provide other reports related to the Award that FTA may request. (3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal Government determines otherwise in writing. (4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary information submitted to FTA. (5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal assistance for the Award becomes “subject data” and must be delivered as the Federal Government may direct. (6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or program that is both for the Grantee’s use, and acquired with FTA capital program assistance. e. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Grantee agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income, and must be used in compliance with federal applicable requirements. f. Hold Harmless. Upon request by the Federal Government, the Grantee agrees that if it intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify, save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers, employees, and agents acting within the scope of their official duties. The Grantee will not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by applicable state law. g. Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23)) pertaining to rights in data either implies a license to the Federal Government under any patent, or may be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. h. Data Developed Without Federal Assistance or Support. The Grantee agrees that in certain circumstances it may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section generally does not apply to data developed without federal assistance, even though that data may have been CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 43 of 45 used in connection with the Award. The Grantee agrees that the Federal Government will not be able to protect data developed without federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or “Confidential.” i. Requirements to Release Data. The Grantee understands and agrees that the Federal Government may be required to release data and information the Grantee submits to the Federal Government as required under: (1) The Freedom of Information Act (FOIA), 5 U.S.C. § 552, (2) The U.S. DOT Common Rules, (3) U.S. DOT Public Access Plan, which provides that the Grantee agrees to satisfy the reporting and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required publications and associated digital data sets as such terms are defined in the DOT Public Access plan. Additional information about how to comply with the requirements can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or (4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the Award, the accompanying Agreement, and any Amendments thereto. Miscellaneous Special Requirements From Section 12. Civil Rights. e. Disadvantaged Business Enterprise (and Prompt Payment and Return of Retainage). To the extent authorized by applicable federal laws, regulations, or requirements, the Grantee agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows: (1) Statutory and Regulatory Requirements. The Grantee agrees to comply with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement (FTA MA(23)). (2) DBE Program Requirements. A Grantee that receives planning, capital and/or operating assistance and that will award prime third party contracts exceeding $250,000 the requirements of 49 C.F.R. part 26. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Grantee agrees that: (a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, and (b) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the Grantee must submit to FTA the name of the TVM contractor and the total dollar value of the third party contract, and notify FTA that this information has been attached to FTA’s electronic award management system. The Grantee must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. § 26.13(a): (a) Recipient Assurance. The Grantee agrees and assures that: 1 It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT assisted contracts, 3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement, and 4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of the Master Agreement (FTA MA(23)). (b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Grantee agrees and assures that it will include the following assurance in each subagreement and third party contract it CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 44 of 45 signs with a Subgrantee or Third Party Contractor and agrees to obtain the agreement of each of its Subgrantees, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: 1 The Subgrantee, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The Subgrantee, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable, 3 Failure by the Subgrantee and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their subagreement, third party contract, or third party subcontract, as applicable, and 4 The following remedies, or such other remedy as the Grantee deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subgrantee, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Grantee of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. From Section 12. Civil Rights. h. Nondiscrimination on the Basis of Disability. The Grantee agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, CDOT – Division of Transit and Rail SAP PO #: 491001576 Routing #: 18-HTR-ZL-00107 DUNS #:183017193 Document Builder Generated FTA5311 Grant.03.Feb12 – originated from approved OSC Grant template Rev 1/12/11 Page 45 of 45 (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, (k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and (l) Other applicable federal civil rights and nondiscrimination regulations and guidance. Section 16. Procurement. For Assignability a. Federal Laws, Regulations, Requirements, and Guidance. The Grantee agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements, (2) To comply with the applicable U.S. DOT Common Rules, and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. State Requirements Section 37. Special Notification Requirements for States. a. Types of Information. To the extent required under federal law, the State, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project, (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized, and (3) The amount of federal assistance FTA has provided for a State Program or Project. b. Documents. The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 24, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:08 p.m. A roll call was taken and Council members present were Scott Prince, Jake Wolf, Megan Burch, Amy Phillips and Sarah Smith Hymes. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Deputy Town Manager Preston Neill, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Councilor Gennett joined the meeting at 5:10 p.m. Eric Heil requested the addition of an executive session item to discuss the threat of a lawsuit related to the removal of Michael Cacioppo from the September 26, 2017, Council meeting. Councilor Burch asked for the minutes to be taken off the Consent Agenda. Councilor Phillips made a motion to add the described executive session item and remove the minutes from the Consent Agenda. Mayor Pro Tem Smith Hymes seconded the motion and the motion passed unanimously. 3. MEETING PROCEDURES FOR THE MEETING OF OCTOBER 10, 2017 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Erik Williams with the Vail Valley Partnership updated Council on the CareerWise apprenticeship program in Eagle County. 5. PRESENTATION 5.1. UPDATE ON EAGLE COUNTY TRANSIT DEVELOPMENT PLAN (GEOFF SLATER, CHRIS LUBBERS) Chris Lubbers, Director of Transit and Fleet Services for Eagle County, and Geoff Slater with Nelson/Nygaard, delivered a presentation on the Eagle County Transit Development Plan Project. Presentation items included a project overview, a summary of public outreach, and a review of existing conditions, market analysis and route profiles. 6. ACTION ITEMS 6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17-15 FOR CAPITAL LEASE PURCHASE (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Mayor Fancher opened the public hearing and no comments were made. Councilor Wolf moved to approve Ordinance 17-15, an ordinance authorizing the execution and delivery of a state and municipal lease/purchase agreement dated October 5, 2017 between the Town of Avon and Clayton Holdings LLC to purchase a lift truck and plow truck pursuant to Exhibit A of such agreement. Councilor Gennett seconded the motion and the motion passed on a vote of 6 to 1, with Councilor Prince voting no. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 24, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 6.2. CONSENT AGENDA 6.2.1. APPROVAL OF RESOLUTION 17- 23 THE FIRST AMENDMENT TO WET WELL EASEMENT AGREEMENT (TOWN ENGINEER JUSTIN HILDRETH) 6.2.2. APPROVAL OF A BILL OF SALE FOR THE AVON PUBLIC SAFETY FACILITY SEWER MAIN (TOWN ENGINEER JUSTIN HILDRETH) Councilor Burch made a motion to approve the Consent Agenda (items 6.2.1 and 6.2.2). Councilor Gennett seconded the motion and the motion passed unanimously. 6.2.3. APPROVAL OF MINUTES FROM OCTOBER 10, 2017 COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Burch provided an edit to the minutes from the October 10, 2017, Council meeting. She made a motion to approve the minutes with the amendment provided. Councilor Wolf seconded the motion and the motion passed unanimously. 7. WORK SESSION 7.1. BUDGET WORK SESSION FOR THE FOLLOWING TOWN FUNDS: GENERAL, TRANSIT, FLEET AND EQUIPMENT REPLACEMENT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Council reviewed draft budgets for the General, Transit, Fleet and Equipment Replacement Funds. Council asked Virginia Egger, Scott Wright and other department directors various questions about the proposed budgets. 8. WRITTEN REPORTS 8.1. ADOPTION OF ORDINANCE 17-08 8.2. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY SEPTEMBER 28, 2017, REGULAR BOARD MEETING 8.3.MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Mayor Pro Tem Smith Hymes said that the Eagle River Water and Sanitation District would like to see the Council members tour the new wastewater plant in Edwards. She spoke about the Compact Communities Symposium taking place in January. She also talked about the importance of wildfire mitigation actions. Councilor Burch said the grand opening ceremony for the Avon Public Safety Facility was a great event. Mayor Fancher said she would like to see an examination of special event liquor permit revenues. Virginia Egger said that analysis will be done by the Ad Hoc Special Events Committee and the aim is to have it completed by February 2018. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 24, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 Virginia Egger and Mayor Fancher gave a reminder that Avon voters are being asked to consider Ballot Question 2B that would exempt the town from a state law, which was passed as Colorado Senate Bill 05-152, restricting local governments from directly offering or entering partnerships to provide next-generation broadband services in their communities. 10. EXECUTIVE SESSION Mayor Fancher made a motion to convene into Executive Session for the purpose of a conference with the Town Attorney to receive legal advice on threatened litigation under Colorado Revised Statute 24-6-402 (2)(b). Councilor Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Prince was out of the room. The time was 7:11 p.m. Executive Session began at 7:20 p.m. Executive Session ended at 7:47 p.m. Council reconvened into the regular meeting at 7:47 p.m. 11. ADJOURNMENT There being no further business to come before the Council, Councilor Gennett moved to adjourn the regular meeting. Councilor Wolf seconded the motion and the motion passed unanimously. The time was 7:48 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 24, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 RESPECTFULLY SUBMITTED: ________________________________ Preston Neill, Deputy Town Manager APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Louise Duncan, Special Events Production Assistant Meeting Date: November 14, 2017 Agenda Topic: BEN HARPER REPORT The Ad Hoc Special Events Committee reviewed the Draft Ben Harper Concert Report, at their meeting of November 1, 2017, for completeness and content. The AHSEC found the report to be thorough and well done. The AHSEC provided, then, their review of and conclusions about the Ben Harper Concert, for inclusion in the attached report. Town staff joins the AHSEC in providing the final report to Town Council. Ben Harper Concert Report November 10, 2017 Contributors: Ad Hoc Special Events Committee Greg Daly, Police Chief Louise Duncan, Special Events Production Assistant Virginia Egger, Town Manager Preston Neill, Deputy Town Manager Gary Padilla, Public Works Director Casey Willis, Special Events Manager Liz Wood, Communications Manager 2 THANK YOU Avon Ad Hoc Special Events Committee Avon Town Council Avon Business Community Madison Entertainment Avon Staff Public Works Director Gary Padilla Communications Manager Liz Wood Deputy Town Manager Preston Neill Sponsorships & Vendors Manager Casey Willis Production Co-Director Louise Duncan Production Co-Director Virginia Egger 3 Table of Contents Section Page 4 Introduction & Overview 4 Executive Summary 5 Concert Approval Process 5 Objectives 5 Talent/Consultant, Contractor & Vendor Agreements 5 Marketing 7 Media 8 Sponsorships, Partnerships & Business Engagement 8 Premise Setup & Production 9 Ticket Sales and Complimentary Tickets 11 Profit & Loss Budget V. Actual 12 Event Survey Results 14 Ad Hoc Special Events Committee Review 14 Lessons Learned 15 Benefits 16 Appendix 1: Professional Service Agreement Madison Entertainment 18 Appendix 2: William Morris Entertainment Contract and Hey, King! Notification 37 Appendix 3: Professional Service Agreement Mountainside Production Services 50 Appendix 4: Marketing Summary and Press Releases 54 Appendix 5: Media Coverage 64 Appendix 6: Sponsorship Collection 74 Appendix 7: Venue Maps 81 Appendix 8: Avon Police Department Report 84 Appendix 9: Survey Results 86 4 INTRODUCTION AND OVERVIEW The Avon Town Council constructed the Avon Performance Pavilion (APP) to further the vitality of Avon’s central business core and to offer a diverse set of cultural offerings for residents and visitors. The adage, however, “if you build it they will come” fails to represent the nuanced and proactive work required to establish the APP as a known premier event venue. To continue bringing recognition to the APP, as a top tier Colorado venue, with only Lyle Lovett and His Large Band scheduled into the venue for the 2017 summer, Avon’s Ad Hoc Special Events Committee (AHSEC) recommended a second or third major artist be considered during the summer. The AHSEC supported Town staff producing any additional concert and found that underwriting a concert with the $70,000.00 balance of the 2017 Special Events Reserve Fund to be a valuable investment for advancing the nascent venue. The AHSEC interviewed talent buyers, identified preferred summer dates and selected preferred artists for negotiation. Town Council approved the AHSEC recommendation and Ben Harper and the Innocent Criminals (BHIC) was booked for a one-night concert on September 15, 2017. The date was felt by the AHSEC to be a good opportunity to expand the weekend’s music with Elvis Costello, who was booked, with Elephant Revival, in Beaver Creek Resort the following day. This report summarizes the concert production, marketing, sponsorships, ticket sales, budget/actual expenses, and event surveys. Lessons learned and benefits of the late summer concert are also provided. Besides successfully increasing reach and recognition of the venue, self-producing BHIC proved to be an insightful experience for the AHSEC and Town staff, who are now better prepared to serve private producers who will continue to establish the APP as a premier event venue. EXECUTIVE SUMMARY It was through the support of Avon’s Special Events Committee and the Avon Town Council that the BHIC was produced on September 15, 2017. Providing an investment of $70,000.00 to underwrite expenses and, through the in-kind provision of Town staff labor, the event resulted in advancing the APP as a preeminent Colorado venue, reaffirming the facility was designed and built to accommodate internationally recognized talent; as well as testing and assessing the other objectives of the event. Determining the cost of executing a high-profile event in Harry A. Nottingham Park was invaluable. Town staff, across all departments, who each year successfully self- produce Salute to the USA’s 19,000 person July 3rd event, experienced, as hands-on workers, the production of a ticketed event, gaining valuable knowledge about the excitement of patrons being offered a top tier concert and the full scope of the concert production, which will result in greater understandings in the support of third party producers. A total of 1,528 tickets were sold with effective and exhaustive marketing efforts of staff, with the support of Madison Entertainment, and without the benefit of having an attractive opening act. Sponsorship surpassed original planning goals. Staff contracted with Eventbrite for ticket sales and box office management, which proved to be an excellent source for sales data and an after- event survey. The implementation of a clear zone to ensure the one day event could be activated, without major fencing infrastructure, eliminated poaching. Staff also tested venue 5 ticket sections, two, with seating, and experimented with alternate venue set-up. Hospitality for BHIC and crew was well-organized and executed. The $70,000.00 investment by the Town Council was not exceeded. Self-producing a premier production provided invaluable insight and experience, ensuring town staff are better prepared to serve private producers. CONCERT APPROVAL PRO CESS • May 3, 2017 – With $70,000.00 available in the 2017 Special Events Reserve Fund, the AHSEC recommended that Town Council appropriate the money to underwrite a one-day and/or two-day major music event at the Avon Pavilion. The AHSEC selected preferred performance dates and interviewed two potential talent buyers, favoring Madison Entertainment. The Committee passed the recommendation unanimously. • May 23, 2017 – A majority of the Avon Town Council voted to appropriate $70,000.00, to underwrite a one-day and/or two-day major music event at the Avon Pavilion, granting the AHSEC the authority to approve the date(s) and artists. Councilor Scott Prince voted no on the motion; and, Councilor Jake Wolf was absent. • July 11, 2017 – A majority of the Avon Town Council voted to amend the General Fund Budget to include BHIC revenues of $225,095.00 and expenditures of $212,050.00 to account for the receipt of ticket sales money and to allow for expenditures. Council Scott Prince was absent for the vote and Councilor Jake Wolf voted no on the amendment. OBJECTIVES As determined by AHSEC and Town staff, the main objective of self-producing BHIC was to increase Colorado and national recognition of the APP, by adding a second major artist into the summer schedule. Additional objectives included: • Support Avon businesses by producing a nationally recognized artist who can attract ticket buyers from the Vail Valley, Summit County, Boulder/Denver and the Aspen/Glenwood/Grand Junction populations. • Demonstrate the opportunities for future premier productions at the Avon Performance Pavilion; test venue opportunities/constraints. • Understand the costs and production requirements of producing a ticketed event at the APP • Offer a range of ticket prices to support a range of potential buyers • Support the cultural enrichment of residents and guests. • Build on the success of the Salute to the USA Pops Symphony, and the Lyle Lovett and His Large Band stage shows at the APP. • In the selection of Ben Harper, advance the Town’s commitment to Climate Change awareness. TALENT/CONSULTANT, ARTIST, PRODUCTION & VENDOR AGREEMENTS To ensure transparency staff solicited proposals for all services related to production. Staff was particularly conscious of cost control throughout the vetting processes. Three major agreements were executed: 6 1) Madison Entertainment (ME): Madison Entertainment was the AHSEC preferred talent buyer. Roger LeBlanc, ME President, identified BHIC as a good fit for Avon and helped staff negotiate and finalize the band’s contract with William Morris Entertainment (WME). In addition, he provided production and marketing consultant services, vetting and interviewing production companies and negotiating rates and specifications for a final Independent Contractor Agreement with Mountainside Production Services, and the selection of Eventbrite as ticket seller. Roger provided invaluable assistance with social media marketing, bringing in and paying the fees of Nick Sardis, RetroLive, in late July, to boost ticket sales and to serve as an event day consultant during the concert. Roger was staff’s primary contact to WME for pitching opening artists, negotiating the Hey, King compensation and all dynamic ticket pricing decisions. Roger discounted his fee to 62%, of the original contract amount, in early August to help the Town control expenditures. TOTAL AMOUNT PAID: $10,723.00 (See Appendix 1) 2) William Morris Entertainment (WME): BHIC are self-managed and were contracted under the auspices of WME. Total cost for the band was $100,000.00, with $2,000.00 for an opening act. Six ticket prices were approved in the agreement, titled P1 – P6. Opening Act: The Town’s original budget included $10,000.00 for an opening act, believing the right band would boost ticket sales. Numerous bands were pitched to Mr. Harper, including Trevor Hall and Keller Williams. The WME agreement gave Mr. Harper the right to approve the opening act. Mr. Harper either out-right rejected all bands recommended or did not reply to opening band requests. Roger LeBlanc informed us early in the agreement administration that Mr. Harper may prefer “to carry” his own opener. That proved to be the case when on August 31st, WME noticed Roger that Hey, King would be the opener, at a price of $500.00. Roger continued to press for another opener, but Mr. Harper did not respond. The Town paid expenses of $105.00 for Hey, King, for a total contract amount of $605.00. Benefits to BHIC: In addition to agreement requirements, the Town provided Green Room snacks and beverages. Council Chambers were set-up and cleaned-up for an after-show party, in response to a late request on September 15th. Ten (10) complimentary tickets for the band were included at the time of agreement execution. An additional 48 comp tickets, in various sections, were requested early evening on September 15th for guests of the band. The comp tickets were approved by the Town Manager. TOTAL WME CONTRACT AMOUNT: $100,000.00. (See Appendix 2) 3) Mountainside Production Services, Inc.: The contractor provided audio, lights and labor for the show, as well as providing staff for BHIC merchandise sales. Payments for Hey, King were made through MPS, in the amount of $605.00. TOTAL CONTRACT AMOUNT: $14,976.00 (See Appendix 3) In addition to these contracts, agreements were executed with the following vendors: • Lone Star Security: (Security Services in clear zone, throughout the event venue, box office and bag check): $2,823.00 • Vail Honeywagon: (Portolets) $3,650.00 • Alpine Rentals: (Tent and chairs) $1,649.00 7 Food and Beverage included: • Optimum Events and Entertainment: (Beverages) 65%/35% split with the Town • Food Vendors: Three local food vendors were retained to provide a variety of options, each paying Avon a $200.00 fee, except for the Westin’s Outlook Restaurant. o Lil Lee Thai Kitchen – Paid $200.00 o Rocky’s Taco – Paid $200.00 o The Outlook Restaurant (fee not paid with hotel partnership) MARKETING Print, radio and social media were all engaged to promote and sell tickets. The staff developed the marketing plan, which was reviewed by ME and WME for comments and approval. When ticket sales lagged, ME brought in Mr. Nick Sardis to help with the social media spend. No doubt, working with Avon’s receptive, energetic and motivated Communications Manager Liz Wood, Nick and Liz rocked social media and had one of the finest outreaches for any Vail Valley event. A detailed record of the marketing is listed below: • Social Media: The most successful marketing initiatives for this event were from social media. Targeted, promoted posts on Facebook and Instagram reached nearly 38,000 people at an average cost of about $.19 per click. These posts targeted Denver, Boulder and local audiences, who enjoy a style of music similar to Ben Harper. The total digital spend was $7,425.00, with $6,471.00 dedicated to social media promotions. • Digital Ad Campaign: A digital ad campaign in the Vail Daily included boosted posts on the Vail Daily social media pages and two email blasts to more than 8,500 people. The two boosted posts had a combined reach of 4,350 people, 152 engagements and 80 link clicks. Of the two email blasts, 2,969 people opened the email, and 453 clicked on the ticketing link. The campaign also included several quarter-page ads in the printed newspaper, webskins on vaildaily.com and 50,000 banner ad impressions on vaildaily.com. Print ads also ran in print publications in Summit County, Steamboat Springs, and Aspen. The total Swift Communications spend was $3,160.00, which includes the Vail Daily contest promotion, email blasts, and print advertising in neighboring weekly publications. • Bridge Banner: Bridge banners on Avon Road reached an estimated 40,000 cars each day, and many concert goers cited the banners as their primary source about the concert. • Radio: Seven radio stations advertised the concert in five counties (Denver/Boulder, Garfield, Routt, Summit, Eagle). This amounted to about 500 radio ads and media mentions across all stations, including 60 primetime weekday mentions on Colorado Public Radio. The total radio spend was $5,000.00. • Westword: An advertising agreement with Westword offered four weeks of digital ads, including 25,000 weekly digital banner ads, music and news page reskins, exclusive weekly email blasts, and weekly posts on Westword’s social media accounts. The total Westword spend was $3,000.00. • Other miscellaneous marketing expenses included printing rack cards and posters, a bus wrap, and a digital campaign with Everything Vail Valley. The total marketing spend was $20,851.00. 8 Appendix 4 summarizes these spends, itemization of all marketing spends, and listing of all press releases, calendars, posters and rack card placements, and event branding examples. Marketing Analysis: Quantifying the BHIC marketing efforts highlights the success of self- production of BHIC. Nick Sardis, using industry standards, provided the following analysis of the marketing: • The Avon Digital Marketing BHIC campaign targeted and reached 38,000 persons, with 32,867 (86.5%) becoming “engaged” by responding with either a Like, Share or Comment on one of our digital posts. • The campaign was seen by 292,719 people, thereby making each aware of the Avon Performance Pavilion and/or the Ben Harper Concert. • The campaign was responsible for an estimated 932 tickets sold; generating revenue of $45,379.72 (or 61% of all ticket sales). • Overall, the BHIC marketing campaign cost 10.8% of the total ticket revenue generated. Industry standards report that successful marketing campaigns cost on average 15% of gross revenues. Based off industry standards, BHIC’s marketing campaign was successful. It generated most of the ticket sales, fostered awareness of the Avon Performance Pavilion and created positive branding for future top-tier productions. MEDIA COVERAGE Copies of the articles related to the event are provided in Appendix 5. SPONSORSHIPS, PARTNERSHIPS & BUSINESS ENGAGEMENT The participation and engagement of the business community was actively pursued. Through financial incentives, marketing, and contribution to the look and feel of the event itself, concert sponsors played an instrumental role in the success of the event. Engagement from local businesses was strong, with many coming on board in a short timeframe in support of the concert, with cash sponsorships, trade deals, complimentary hotel rooms and product for giveaways. Staff, with the recommendations of Councilor Any Phillips, created a comprehensive Sponsorship Collection to effectively solicit sponsorships. (See Appendix 6) In total, staff garnered $3,800.00 in cash sponsorship dollars, surpassing the original goal of $2,000.00. Specific sponsorship levels and participation are listed below: • Bonfire Brewing: Tier One o $2,500.00 cash and $500.00 in-kind trade • Beaver Liquors: Tier Two o $1,000.00 cash sponsor • Weston Snowboards: Tier Two o $1,000.00 in-kind trade • 808 Distillery: Additional Sponsor o $300.00 cash sponsor 9 Partnerships included: • Ritz Carlton: Hotel partner and sent e-blasts to their subscriber-base • Westin Riverfront: Hotel partner, sent e-blasts to their subscriber-base and donated hotel rooms • Comfort Inn: Hotel partner, sent e-blasts to their subscriber-base and donated hotel rooms • CID Colorado and Peak One Shuttles: Agreed to run shuttles from many surrounding areas, including Denver and Summit County, and marketed their efforts to their subscriber-base. No riders, however, were booked. • Christie Sports: Provided lounge furniture free of charge to complement the food and beverage operations. • Vail Valley Partnership: Sent a newsletter to its subscriber-base. • Montana’s Smokehouse: Official after party, radio and social media promotion. While participation was high and initial sponsorship goals were met, more could have been done with more lead time. Additional sponsors were pitched and have the potential to become future partners. Staff is confident moving forward larger sponsorships are securable. PREMISE SET-UP & PRODUCTION Appendix 7 provides all venue maps for the production of the event. • Clear Zone: Following AEG’s production of Lyle Lovett and His Large Band, on July 23, 2017, Town staff wanted to demonstrate that a clear zone again could be successfully established around the event venue, with minimal fencing and proper advanced notice to restrict event poachers. o The clear zone boundary included the entirety of the north side of the park, with the path open as a thoroughfare. o Two weeks prior to the event, staff posted signage all throughout the clear zone to notify residents and park users of the closure. o Lone Star Security worked to enforce the clear zone, during the event, while providing a positive customer service experience for residents and park users, who were unaware of the clear zone or accessing the thoroughfare. o In addition to the clear zone, the box office was located on Lake Street instead of the traditional north side of the upper field. The relocation of the box office ensured poachers would not be able to sit in front of the Recreation Center, the playground, or at the Picnic structure. o Setting a clear zone allowed the Town to use scrim and “bicycle” fencing rather than incurring costs for a leased barricade fence. • Ticketed Sections: Based upon other venue research, of where BHIC was booked around the nation, a decision was made to test ticket sales at varying prices and to provide those paying the highest prices seated proximity to the stage. A total of five sections were constructed using the venue’s pavers, sloping lawn separation and stadium barricade, monitored by staff ushers. Staff ushers were trained to report any issues to Lone Star Security. 10 • Vendor Locations: Two bars were located close to the higher priced ticket buyers, in addition to a third, and the largest bar, located at the back of the venue. Food vendors were located at the back of the venue. • Sanitation & Trash: Portolets were placed on the northeastern side of the park, with trash and recycling stations distributed throughout the park. Security: Lone Star Security provided general security for the clear zone and all bag check, box office, general behavioral and compliance issues, and were backed by the Avon Police Department (APD). Deputy Chief Cosper prepared a comprehensive standard Event Action Plan (EAP) prior to the event. A security briefing was held with the artist’s representatives, security, APD and the Town Manager at 4:00 p.m. In between acts, P3, P4, and P5 patrons moved into the P1 section to seek shelter from heavy rain. Lone Star Security worked to check wristbands and move patrons back to their corresponding ticketed sections, prior to the start of the BHIC act. This action honored ticket buyers and proved to be important measure when Mr. Harper subsequently took the stage and announced he did not care what patrons had paid for tickets, disregarded his contractual agreement and called all patrons up to the stage, regardless of ticket price paid. The majority of all patrons, with the invitation, rushed to the stage. P6 patrons pushed out the fence, which was designed as a “blow-out fence” in case of an emergency. At this point, Lone Star Security and APD agreed the show was “Ben Harper’s responsibility” and rechecking wristbands would not be safe or effective. All security remained in the venue. Only two minor law enforcement incidences occurred during and after the show. The complete APD report of the event and the “call to the stage” is provided in Appendix 8. • Parking & Bus Transportation: As for other events, parking was restricted around Town Hall for production uses. Town owned parking lots and street parking were advertised and the Bear Lot was made available by Beaver Creek Resorts. No bus service was provided due to all parking being within easy walking distance of the venue. • FAQ: Frequently asked questions were provided at the time of ticket purchase and posted on the Town website. 11 TICKET SALES AND COMPLIMENTARY TICKETS Out of 3,090 tickets made available 1,528 tickets were sold. Sixty percent (60%) of all ticket sales were made by locals in the Vail Valley. Like other events held in Harry A. Nottingham Park, the P1 section (VIP) sold consistently and eventually sold out prior to the event. (P2 tickets were added to P1) early in ticket sales. P6, the event’s general admission section, also sold consistently. Specific tickets sales by section and zip code are provided in the tables below. Complimentary tickets were provided to the artist, Town Council and AHSEC members, included in benefits for sponsors, in promotions, and utilized for trades to reduce costs, where feasible. It should be noted that Avon third-party producers are provided up to 300 tickets per event for marketing, including promotions. The following table summarizes all comp tickets given and used. P1 100/100 P3 129/176 P4 81/400 P5 113/400 P6 1,032/1,700 Walk-Up P4 3/200 Walk-Up P5 1/200 Walk-Up P6 67/500 Ticket Sales by Section: Location of Ticket Purchase %# of Tickets Denver/Boulder/Colorado Springs 27%413 Other Eagle County 24%367 Avon 16%244 Other 13%199 Unknown 11%168 Summit County 5%76 Grand Jct/Aspen Area 4%61 100%1528 12 PROFIT AND LOSS BUDGET V. ACTUAL Town Council appropriated total revenues of $225,095.00 against expenditures of $210,300.00, based upon 3,090 ticket sales projected. When staff recognized the ticket sales projected in the WME agreement would likely not be met, the staff was proactive in projecting changes to revenues and adjusting expenditures to more accurately reflect lower sales numbers. Attention was given to sizing production needs for a much smaller event, while maintaining the quality of the event. Because of this attentive work, the $70,000.00 allowed for the BHIC event was not exceeded. It must be noted, that the Town benefited from the use of Town employees for event production. Staff flexed time or was exempt from overtime, resulting in no out-of-pocket costs for the event, except for Police overtime of $650.00. The total staff labor in-kind for the event was $12,904.00. Beneficiary Number of Tickets Issued Number of Tickets Unused Number of Tickets Used Section Bonfire 6 0 6 (2) P3, (4) P6 Kristen Pryor 5 0 5 P5 Weston Snow Boards 6 6 0 P6 Beaver Liquors 4 0 4 (2) P1; (2) P6 Christy Sports 8 0 8 P6 TOTAL 29 6 23 Avon Town Council 14 0 14 P3 AHSEC Tickets 12 6 6 P6 TOTAL 26 6 20 BC Resort Company 5 3 2 P3 Comfort Inn Trade 2 2 0 P6 Alpine Rentals 12 0 12 P6 Posters in Denver 3 2 1 P6 TOTAL 22 7 15 Contest winners, radio stations, vendors for trade, etc 85 33 52 P6 Artist Guest 2 0 2 P1 Mike O'Brien 2 1 1 P4 TOTAL 4 1 3 Artist Guest 10 0 10 P1 Artist Guest 36 0 37 P6 Artist Guest 10 0 10 P3 TOTAL 81 0 57 COMP TOTAL 247 53 170 Sponsorship Town Council and AHSEC Working Trades Media & Promotional Trades Personal Comps Artists' Guest List 13 14 EVENT SURVEYS Vail Daily Event Survey (466 Responses) The Vail Daily, during its ticket promotion, included a short reader survey. With 466 responses, the results are as follows: • A majority (61%) of respondents would like to see fewer than 30 event days in Avon each year. • 57% want to see more music festivals and concerts in Avon. • The most popular musical genres were Bluegrass (52%); Jam Bands (39%); and Country (38%). • 53% would prefer to attend free events to ticketed events. Town of Avon After Event Survey (259 Responses) Town staff provided an after-event survey to ticket buyers for a 10-day period after the concert. Utilizing Eventbrite’s survey module, 259 responses were returned. Of these responses: • 61% identified as residents of Eagle County, with 39% identifying as visitors. • 69% had attended previous events in Avon. • 63% of respondents were under the age of 45. • 63% of respondents were female. • More than 50% of respondents have a combined household income over $110,000.00. • The average spend on lodging was $169; on meals was $86; on shopping was $63. • 59% of respondents identified the concert as the exclusive reason for visiting Avon, while 30% stated the concert was not a reason to visit, but a nice surprise. • 94% of respondents stated they are Very Likely or Somewhat Likely to attend an event in Avon again. • 71% of concert goers rated their experience as Excellent or Good. • 26% learned about the concert from social media. Several people (~20) listed the Bridge Banner, as their source. 21% learned about the concert from the newspaper ads and articles; 7% from radio, and of the five radio stations around Colorado advertising the event, and, of those, listening to the radio, 71% learned about the event on KZYR/The Mile in Eagle County. • In terms of future events in Avon, concerts, multi-day music festivals and craft beer/wine events were the most popular. The complete survey is provided in Appendix 9. AD HOC SPECIAL EVENTS COMMITTEE REVIEW The AHSEC reviewed the Draft Ben Harper Concert Report, at its November 1, 2017 meeting. The AHSEC concluded the self-production of BHIC a success, touting that objectives were achieved and the $70,000.00 investment was a worthwhile expenditure by the Town. Comments cited the staff’s success from box office to staging of the top tier concert, and ability to track daily ticket sales with commensurate expenditure reductions, when ticket sales lagged. The sound quality was felt to best nearer the stage. Most noted by the Committee was the social media campaign, which was thought to have brought significant value to Avon and the AHSEC asked staff to work on a quantification, which now has been provided in Marketing Analysis on page 5. In addition, the group found that a primary goal of attracting business to Town was achieved. The Committee felt, in the future, a stronger relationship with the print media should pursued to help with timely and accurate concert information. Of interest was ensuring that the gains of the 15 event, not just the investment cost should be understood. Chair Bobby Bank wrote a subsequent summary on this point, which he made available for this Report: “As determined by the after-event survey and zip code records from ticket sales, 39% of the concert attendees were from outside of Eagle County. The average cost of their hotel rooms was $169, while the average cost of their meals and retail purchases was $86 and $63, respectively. This represents an economic impact of approximately $188,762. Vendors paid either fees or percentage of sales. The Town found sponsors and made a large effort to market the event. Their social media marketing campaign was outstanding. Hotel, transportation and media partners supported the event, with many Denver area publications learning about the Pavilion for the first time. Social media has become one of the most important and effective ways of marketing and advertising a destination. Our neighbors at the Town of Vail use net promoter scoring to evaluate events precisely for this reason. Simply, it subtracts detractors of an event from proponents of an event to determine whether or not attendees are more likely to recommend a destination to their friends, whether on Social Media or in person. In the after-event survey of those attending the concert, 145 respondents said they were “very likely to attend an event in Avon again”, with 93 persons “saying somewhat likely”. Only 16 respondents said it is “not likely at all that they will attend another event”. This equals an approximate net promoter score of just over 90 which is considered outstanding. As a result of the Ben Harper Concert, the Town Council’s goal of bringing a high-end cultural show to the Avon Performance Pavilion was met. Lessons were learned that will be invaluable during future contract negotiations with private event producers. Was the Ben Harper concert perfect? No. Was it a positive experience for the Town and the concert goers? I truly believe so. Will the Town learn from this event and improve and succeed in the future? Definitely.” AHSEC member Kathy Ryan offered a different viewpoint of the event, stating, “The sound was bad and the closure of the park was a complete failure with several people successfully poaching the show.” In summary, the AHSEC concluded the concert and investment were a success for Avon and that valuable lessons were learned (see the following section). Based off the success of the event, AHSEC members are confident future music productions can be financially successful and potential benefits for Avon could be even greater than the one-night concert. LESSONS LEARNED Self-producing BHIC proved to be an insightful experience for Town staff and the AHSEC. Staff is better prepared to assist private producers through the planning and production of major events. Listed below are the most imperative lessons learned, as identified by the AHSEC and staff: • Providing multiple seating required significant requires considerable infrastructure and staffing. The benefits of offering an array of prices did not exceed the production responsibilities. • VIP and general admission ticketing options are the proven best sellers and most in line with the APP’s infrastructure. • The Vail Valley is a late ticket market. Incentivizing early ticket sales is helpful for generating ticket sales; however, most of ticket sales will be made the week of an event. • The APP’s perimeter can be secured against poachers and implementing a clear zone is an effective alternative to expensive fencing for one-day events. • Prior to the extensive marketing efforts, many media outlets on the Front Range were unaware that the APP existed, and it is felt ticket sales were not achieved as a result. Early marketing is an imperative. • Sponsorships are obtainable for future events, which feature high level artists. 16 BENEFITS Overall, staff met all set objectives for the self-production of BHIC. The event’s objectives are listed as benefits below with two additions: • Demonstrated the opportunities for future premier productions at the APP. • With self-production experience, staff is better prepared to serve private producers who will further establish the APP as a premier event venue. • Fostered the cultural enrichment of residents and tourists. • Gained insight into production processes to better evaluate 2018 Special Event Applications and requests for funding. • Developed media contacts throughout Colorado. • The local business community was found to be positive about the staging of BHIC, as a premier act, and, as a result, readily supported the high-profile concert. • Staff learned effective techniques for social media marketing and event promotions. • Town staff experienced first-hand all aspects of event production. The following review left on the Town’s Facebook page is felt to be the best validation of the various concert objectives being met from a patron’s point-of-view: September 16 at 6:52pm: Post Comment: Facebook Julie Kroupa Keim I feel compelled to write to the Town Council and citizens of Avon to thank them for an amazing evening with Ben Harper and the Innocent Criminals. I read the posts about bankrupting the town and hoped that could not be the case. After all, my 3 friends and I came here from Castle Rock, Larkspur and Palmer Lake to see this show. We are huge Ben Harper fans and we have missed seeing him the last couple years because of conflicts with his performances in Colorado, including one of us getting married last year in Hawaii the day before his concert. We were thrilled to learn of this opportunity in Avon, but only happened across it because we are connected to Ben Harper’s Facebook page. I cannot begin to tell you how happy we were when only one of us somehow got connected to this event. All of us spend time in the beautiful mountains of Colorado doing a variety of wonderful things, but none of us had ever been to or stayed in Avon. You have to know that we are here, enjoying a beautiful weekend, spending our money in your town and all of us has said we will be back again. I was mortified when we arrived early for the concert last night. Early is the operative term here because we were dying when we just heard Ben Harper warming up as we checked into our condo overlooking the lake within sight of the stage. I kept hoping it would get better for Ben Harper and the Town of Avon. Thankfully, it did get better, but I was aching for all involved as I saw a less than sell-out crowd arriving. After all, we have seen Ben Harper in many venues with a loyal crowd of all ages, so sad to see the limited crowd last night. At the same time, we appreciate the completely intimate venue the Town of Avon provided to us. In all our times seeing Ben Harper, we have not seen him up close and personal and that was beyond worth far more than what we paid to be here. Thank you for giving us that amazing opportunity. It is important to not be short-sighted and see the “price of admission” to be the only benefit to the town. We came to the concert and have spent money on lodging, meals and entertainment while we are here. You cannot isolate the benefit of bringing performers to your beautiful venue to just the revenues received from ticket sales. The four of us plan to visit Avon again after our experience here and I venture to guess others from the front range feel the same. With that said, we are still feeling sad for both Ben Harper and the Town of Avon after spending the next day, a beautiful Saturday, in a beautiful place. What could have been done differently and how much would people like us have wanted it to be different? We were very close to the stage along with some of his other loyal followers, and others who were just enjoying their first evening enjoying the beauty that Ben Harper and the Innocent 17 Criminals create every time they perform. He is a gem who should be shared with the rest of the world, but most of us do not want that because part of the allure is the lack of desire to conform with what society is looking for at that point in time. It was bold and brave of the Town of Avon to do this and we will be forever grateful. How does this become better for the town and performer in the future (but not as good for us loyal followers of whomever is scheduled next)? Reach is huge. There are many generations of music lovers who follow amazing talent like Ben Harper, you just have to reach them. The town must now reflect on how they continue this unforgettable opportunity to allow fans to see beloved artists in this beautiful, intimate setting while still benefiting the taxpayers of Avon. Please do try to figure it out, because you have sold a group of four women who will do all we can to let people know about this beautiful opportunity nestled in the heart of the mountains. Thank you Town of Avon, Colorado and Ben Harper. This weekend will always have a special place in our hearts and we look forward too many more. Lisa Jackson Mitchell, Katie Otero, Amanda Reynolds. AVON, COLORADO 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 6464 6565 6666 6767 6868 6969 7070 7171 7272 7373 7474 7575 7676 7777 7878 7979 8080 8181 8282 8383 8484 8585 8686 8787 8888 8989 9090 9191 9292 9393 9494 9595 9696 9797 9898 9999 100100 101101 102102 103103 104104 WRITTEN REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Louise Duncan, Special Events Production Assistant Date: November 14, 2017 Topic: Recommendation by the Ad Hoc Special Events Committee Regarding Continuation of the Committee At the November 1, 2017, Ad Hoc Special Events Committee (AHSEC) meeting, the AHSEC passed the following motion: To recommend to Town Council that the AHSEC remains an Ad Hoc Committee for the 2018 calendar year, with not less than seven (7) members, and transitions to a standing committee in February 2019. Unless Council asks Mayor Jennie Fancher to schedule this recommendation at the December 12, 2017, meeting, for discussion, the January 9, 2018, meeting will include an action item to appoint the current members to an additional term from February 1 – January 31, 2019. Current terms expire on January 31, 2018. The AHSEC felt continuity to “finish out” the full special event funding cycle, and 2018 event review and follow-up would be a benefit to the Town in moving forward to establish a standing committee. The additional year would also allow the AHSEC members to draft by-laws, rules of conduct, marketing criteria for funded events and make needed changes for the 2019 funding cycle. 1 | Page TOWN COUNCIL REPORT To: Mayor Jennie Fancher & Avon Town Council From: Greg Daly, Chief of Police Date: November 14, 2017 Re: Avon Police Department Update Introduction: Madam Mayor and Members of the Avon Town Council, on March 28, 2017, I previously submitted an Avon Police Department Update and a 2016 End of Year Report. This report is an update from March 28 to date, to include crime and traffic enforcement statistical information from January 1, 2017 to August 31, 2017 (most current statistics available). The mission of the Avon Police Department (APD) is “We serve to better our community” and our motto is “Count on Us.” The men and women of the Avon Police Department have been working hard in fulfilling our mission and living up to our motto. We have 18 sworn positions with one part time sworn position. We have two full time administrative services officers and one part time administrative assistant. Currently we have a police recruit in the police academy, graduating in December (one of the 18). The men and women of the Avon Police Department take pride in cultivating and maintaining excellent relationships with other Town of Avon staff in all departments. We work daily with all departments and we thank them for their continued hard work, passion and collaboration in providing a safe environment in Avon to live and play. We also enjoy excellent working relationships with our partner first responder agencies and on most major events/ incidents; it takes a village of town staff, first responders, other governmental agencies and non-profits to successfully complete our mission. The men and women of the Avon Police Department sincerely appreciate the continued support of the Avon Town Council and Town Manager Virginia Egger, and for their passion and commitment to the public safety of our citizens, residents and guests. Significant Activity since March 28, 2017 Written Report to Council:  The Avon Police Department was awarded full accreditation through the Commission on Accreditation for Law Enforcement Agencies (CALEA) in April of 2016. The department completed the first-year assessment of a new four (4) year accreditation period in April of 2017. The external assessment was successful. The Avon Police Department is the smallest law enforcement agency, and only agency on the Western Slope to secure such prestigious accreditation. Less than 10% of American Law Enforcement agencies are accredited. In addition, the Department has been accredited by the Colorado Association of Chiefs of Police (CACP). 2 | Page  As of 10/24/2017, Avon Police Officers completed 475 hours and 37 minutes of community policing bike patrol. We have also completed 609 hours and 43 minutes of foot patrol (460 hours of bike patrol and 600 hours of foot patrol were part of our 2017 strategic goals).  Avon Police Officers safely policed multiple successful Town of Avon special events to include: Haute Route, Xterra, Cover Rock, Lyle Lovett, Bec Tri, Major League Triathlon, Slingshot Roadsters, Ben Harper and Salute.  APD staff were honored to be valued by our Town of Avon peers with the highest departmental score in the internal Town of Avon survey.  APD co-hosted with Vail PD, our annual active shooter response training and collectively trained nearly 300 first responders from across Eagle County. We are already in discussions for an even larger countywide training in 2018.  Through the partnership and leadership of Town Engineer Justin Hildreth, we completed the design and building process of the amazing Public Safety Building. We cohosted with the Eagle Fire Protection District, an enjoyable opening ceremony. We look forward to being moved and settled in before November 30th.  We softened our police uniform look by embracing polo shirts and shorts. Additionally, we have deployed a new high visibility outer vest carrier and some new cool Bern bike helmets for bike patrol.  We increased our social media presence to include over 1300 followers of the Police Department Facebook page.  In 2017, we have replaced four police positions (out of 18 fulltime sworn positions). We were very fortunate to hire Police Officers Benson, Mackey, Herrera and Glidden. These officers replaced Chief Ticer (transferred to Loveland PD), Master Police Officer McGovern (Retired), Officer Aurion Hassinger (Retired) and Officer Jeff Briggs (Transferred to the Colorado State Patrol). This turnover caused a lot of new officer field training during 2017, but our officers and staff professionally handled the challenges of this extensive training. The average field training program is 16 weeks per officer but it is reduced slightly when mentoring already qualified police officers.  As part of our 2017 goals, all full time sworn officers completed the 40-hour Crisis Intervention De-escalation training resulting with all officers being certified as Crisis Intervention Technicians. We will have our part-time sergeant and recruit officer, currently in the police academy, complete a CIT class as soon as one becomes available.  Avon Police Officers and Detectives have collaborated with the Gore Range Narcotics Interdiction Team (GRANITE) on many drug distribution cases in Avon in 2017. See below for further details.  APD is preparing for a third community resort policing ski patrol program for the 2017-2018 season. This program is a partnership between the Avon Police Department, the Eagle County Sheriff’s Office and Vail Resorts/ Beaver Creek Resort Company. We have provided related training to the Beaver Creek Ski Patrol for the 2017-2018 season.  The department received a 2017 Colorado Department of Transportation Traffic Safety Award. 3 | Page  Avon Police Officer Brad Stamp received a lifesaving award from the police department for his heroic actions when saving the life of a community member.  The Eagle County Tri- Rotary Clubs of Eagle, Edwards and Vail awarded: • Officer Stamp for the same incident. • Avon Police Officer Al Zepeda for a leadership award for his leadership of the local Veterans of Foreign Wars Post and for his work with Special Olympics (to include the very cold Polar Plunge). • Our Volunteer of the Year 2016 and 2017, Seth Molina for a leadership award from the Tri- Rotary clubs. • Officer Balmore Herrera for a unit award for a lifesaving action while he was previously employed with the Eagle Police Department.  APD completed a second successful summer season of part-time, non-sworn community response officer (CRO). The CRO position helped to educate our community and guests regarding Nottingham Park and the West Avon Preserve rules and etiquette. The CRO also assisted with managing the new parking plan on the Northside of West Beaver Creek Boulevard.  APD continue to partner in the Eagle County Special Operations Unit and in the Gore Range DUI Task Force. Community Policing/ Engagement Projects and Involvement:  We continue to participate in the countywide Law Enforcement Immigration Advisory Board, furthering relationships with our Latino community. Chief Daly recently spoke with staff at an Avon Hotel about immigration concerns in the community and reaffirmed the Town of Avon’s proclamation that APD will not conduct immigration enforcement. Chief Daly had previously partnered with fellow law enforcement leaders to speak at St Mary’s Church in Eagle conveying the same message. We have been actively involved in the winter coat drive.  Avon PD has eight veterans out of 19 officers (two US Navy, two US Marines and four US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools.  Avon Police officers continue to deliver positive police interactions and education to the children at Avon Elementary. Officer Benson has taken on the role of School Resource Officer liaison with the Avon Elementary School staff and has already developed a great working relationship with Principal, Roy Getchell and Vice Principal, Dana Harrison.  APD successfully hosted the 9th Annual Avon Police Citizen’s Academy. We had 11 participants. We hosted the 5th Annual Latino Eagle County Police Academy with 21 participants.  We continue to participate in the “Paris” task force seeking countywide cross discipline collaborative strategies to further the safety and security of our new born population.  Chief Greg Daly is the current board president and actively participates with The Speak up Reach out Suicide Prevention Coalition to prevent suicide in Eagle County by providing education, training, and hope. 4 | Page  Participant in the Total Health Alliance.  APD hosted multiple “Coffee with a Cop” events at Starbucks Hurd Lane and at Northside Coffee and Kitchen.  APD coordinated multiple community engagements to include the inaugural Polar Plunge raising money for Special Olympic Athletes.  We hosted the annual Kids, Cops, and Hoops Community Basketball Program and are preparing for the 2017-2018 season.  We are a participant in the Colorado Mountain College and Eagle River Youth Coalition Partnership regarding LGBTQIA community issues.  We supported the Family Leadership Training Institute of Eagle County through mentoring of two Avon residents.  Participant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District.  Participant in the Countywide Report Management System upgrade committee.  Participant in Drug investigators and General Detective regional meetings. Some of the Community Policing/ Engagement Projects for remainder of 2017:  Kids, Cops, and Hoops Community Basketball Program.  Hosting three incident response training sessions for countywide first responder supervisors in new PD training room.  Law enforcement ski patrol on Beaver Creek.  Town of Avon annual Liquor license meeting/ legal update/ Tipsy Taxi discussion and Sex Assault prevention education.  Salvation army basket delivery.  Shop with a Cop.  Tip a Cop for Special Olympics.  Participant in the steering committee of the Total Health Alliance for strategizing mental health funding priorities for 2018. 5 | Page Crime/Traffic Statistics and Calls for Service Highlights: Avon PD has experienced an increase in calls for service (CFS) in 2017. Calls for service can be broken down into reactive (dispatched calls) and proactive (self-initiated) categories. As of August 31, 2017, APD attended to 3,228 dispatched calls. We generated 11,116 self-initiated CFS. The combined CFS total was 14,344. The current total CFS as of November 9, 2017 is 19,692 (2016-year total was 16,039). This year, there is an approximate 25% increase in CFS, particularly in self-initiated calls for service (as compared with 2016 figures). This increase can be attributed to increased officer community policing activities to include bike and foot patrols. The citizen/ resident/ guest generated reactive calls (dispatched calls) are usually 911 calls to the Vail Dispatch Communications Center or non-emergency calls to the police station. These calls include every reported crime category to include motor vehicle collision, medical call needing law response, road rage with a gun, missing child, burglary alarm, theft, shots fired, shoplift, domestic violence call, fight/disturbance, trespass, sexual assault, suicide, dead person, home invasion/ robbery call to bear calls. The officer proactive (self-initiated) calls include everything from community orientated policing activities, officer bike patrols, foot patrols, follow up on a case, officer completing report, a directed (requested) patrol in a neighborhood, business checks, traffic patrol, traffic stops, bar checks and any in progress crime that an officer may witness (usually a disturbance or fight) We believe that our continued success in keeping lower crime rates in Avon is achieved by high visibility foot/bike/vehicle patrol, passionate community engagement, trust and legitimacy building with our residents and guests. Avon Police Department 2008-2017 Activity Statistics January 1-August 31, 2017* 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017* Total Crimes Reported 1227 869 786 908 613 667 912 937 740 487 Group A Crimes 562 438 368 440 372 313 388 381 320 198 Group B Crimes 665 431 418 468 241 354 524 556 420 289 Clearance Rate .41 .43 .43 .48 .59 .44 .40 .50 .49 .43 Total Reports 1338 952 897 1111 1015 925 912 972 840 612 Calls for Service 19359 13364 14382 16905 16213 13829 16909 16302 16039 14344 Traffic Accidents 253 177 170 161 142 174 148 148 159 119 Traffic Accidents ETOH/Drug 16 14 6 8 7 10 12 8 9 3 6 | Page Total Arrests 607 366 334 384 450 435 501 509 379 233 Adult Arrests 549 350 291 363 419 413 478 485 358 214 Juvenile Arrests 58 16 43 21 31 21 23 24 21 19 Felony Arrests 86 70 39 71 88 54 50 66 49 32 Sexual Offenses 4 6 6 12 12 4 10 9 7 7 Robbery 2 1 1 0 0 0 2 1 0 2 Burglary 41 38 28 24 9 11 12 10 13 6 Larceny 155 153 149 160 87 129 159 154 133 76 Motor Vehicle Theft 17 7 9 4 1 4 6 6 9 3 Assault 74 42 48 41 37 36 45 53 47 23 Arson 0 0 0 2 1 1 3 1 0 0 Forgery/Counterfeiting 38 25 9 5 5 4 9 6 8 2 Fraud 48 32 20 17 28 32 27 27 21 11 Vandalism 117 94 54 64 51 72 69 76 64 14 Weapon Offense 9 1 1 3 4 0 6 4 2 2 Narcotics 50 36 41 101 135 15 36 29 15 19 DUI 153 93 78 118 89 105 150 156 100 62 Liquor Laws 37 17 31 25 23 23 16 20 13 10 Disorderly Conduct 42 25 26 30 33 24 19 27 14 13 Domestic Violence 64 30 40 41 38 55 37 30 39 18 Traffic Stops 2126 2383 2860 4691 4299 3283 4302 3470 2328 1307 Total Traffic Warnings 1098 1434 1811 3101 2523 2371 3275 2599 1706 883 Written Traffic Warnings 1170 836 Traffic Summons Speeding Avon Wildridge 772 340 80 1 663 312 57 8 782 393 63 15 1192 379 31 2 961 275 16 3 701 118 5 2 820 169 14 4 615 182 7 13 545 244 14 7 379 217 11 2 7 | Page WBC BL EBC BL Swift I 70 Metcalf Nottingham 49 33 6 139 21 8 101 35 13 36 9 44 86 31 7 147 22 19 46 7 6 265 3 17 36 6 13 191 1 7 9 6 2 85 3 4 22 5 2 103 7 7 24 14 2 91 18 7 11 17 8 169 2 2 6 8 3 182 1 3 Safety Belt Tickets 25 0 86 410 407 365 316 143 115 44 Child Safety Seats Tickets 2 2 8 3 7 1 5 0 0 1 Odor Complaints 0 0 0 0 0 0 0 0 0 0 Animal Control Warnings 20 25 33 19 12 10 28 58 151 87 Animal Control Summonses 13 27 9 6 7 11 3 6 13 4 Wildlife Protection Ordinance (CFS) 62 55 23 11 40 3 29 5 37 5 Wildlife Protection Ordinance Summonses 0 7 0 0 2 0 1 5 0 0 Bear Calls 16 108 38 35 131 18 60 26 64 26 Smoking Violation Summonses 2 0 0 0 0 0 0 0 0 0 Smoking Violation Warnings 4 0 0 0 0 0 0 0 0 0 Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations. Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and Trespass. Narcotics arrests do not include the GRANITE arrests in Avon in 2016 or 2017. 8 | Page As at August 31, 2017, APD conducted 1,307 traffic stops/contacts with just one complaint lodged against an officer. That complaint was investigated and the officer was cleared as exonerated. Other important statistics include the 2016 ethnic breakdown of our traffic stops warnings and tickets……  22.64% of our traffic stops were with persons of Hispanic ethnicity.  This compares with 49% of our census population who report Hispanic heritage.  48.64% of our traffic stops were with Caucasian males  24.03% of our traffic stops were with Caucasian females  1.68% were with African male  .58% was with African American females. Avon Police Department Response Times: The Avon Police Department, as part of the annual performance matrix, measures response times for calls for service. These times are documented and calculated through the Vail Public Safety Communications Center. Calls for service are broken into four priorities, which are: Priority 1 & Priority 2: Life or property in immediate threat or just occurred. Units respond immediately, lights and sirens. Priority 3: Normal everyday calls for service, needs to be handled in a timely manner. Priority 4: Non-emergent calls that can be held for a brief period of time if necessary. The 2015 Annual Benchmark Cities Survey indicated that the average response time for Priority 1 & 2 emergent responses was 5.93 minutes for the twenty-nine (29) agencies surveyed. Our 2017 to date average Priority 1 & 2 response time is 3:53. 2015 Priority 1 – No priority 1 Events Priority 2 – 0:02:18 Priority 3 – 0:09:47 Priority 4 – 0:06:42 2016 Priority 1 – 00:40:06 (1 Priority 1 event) (This is an anomaly, because the time the officer arrived on scene was not logged, therefore eschewing the overall time) Priority 2 – 00:04:15 Priority 3 – 00:10:04 Priority 4 – 00:05:58 2017, Jan 1 to November 6 Priority 1 = 0:00:00 (no priority 1’s to date) Priority 2 = 00:03:53 Priority 3 = 00:13:41 Priority 4 = 00:09:01 9 | Page GRANITE Activity (Provided by Task Force Sergeant Jessica Tice with Vail PD): GRANITE Gore Range Narcotics Interdiction Team During the last 12 months GRANITE has seized: Cocaine: 938 grams Street Value $112,500 Marijuana: 83,985 grams Street Value $4,199,250 Marijuana Concentrate/ Hash Oil: 737 grams Street Value $55,275 MDMA/ Ecstasy: 59 grams Street Values $8,805 Heroin: 87 grams Street Value $13,050 Methamphetamine: 260 grams Street Value $26,000 LSD: 2,118 Doses Street Value $31,770 Guns: 15 Over 50% of cases where drugs were seized occurred in the Town of Avon. See Pie Chart. 10 | Page 11 | Page TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: November 14, 2017 Agenda Topic: TOWN OF AVON 2017 – 2019 STRATEGIC PLAN QUARTERLY PROGRESS UPDATE SUMMARY: Town Council, on July 25, 2017, adopted Resolution 17-16 Town of Avon 2-017-2018 Strategic Plan. To provide timely and comprehensive reporting on the status of Council direction in the Strategic Plan, please find attached the Town of Avon 2017-19 Strategic Plan Quarterly Progress Update, which details efforts, over the last period, on the prioritized strategies in the plan. I believe the Council will find the Strategic Plan is an effective guide for staff, and, thereby, for the community to bring focus, funding and work direction to meet the near and longer-term vision and needs of the Town of Avon. The Strategic Plan, of course, does not account for all direction by the Town Council or unforeseen needs or opportunities, and activity for staff work or Council agenda items, but does set forth major undertakings through the planning horizon. Please let me know if you would like more detailed information on the Update. ATTACHMENT: Town of Avon 2017-19 Strategic Plan Quarterly Progress Update TOWN OF AVON 2017-2019 STRATEGIC PLAN QUARTERLY PROGRESS UPDATE NOVEMBER 14, 2017 Adopted by the Avon Town Council Resolution 17-16, Series of 2017 July 25, 2017 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page2 Purpose of the Strategic Plan The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of Avon. Updated each year to reflect the priorities of the Town Council, the adopted Strategic Plan provides the Avon community information about the important work planned by the Town, over the planning period. Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by each department submitting a business work plan to the Town Manager, identifying the timing and process for implementing each strategy. Progress on the work plans are monitored to ensure outcomes are met.  The Comprehensive Plan is the key leadership planning document of the Town and leads the Strategic Plan’s Vision, with the identification of tactical actions to meet the Vision.  In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most important issues in the Town through civic engagement outreach at open houses and through a Community Survey. The results have aided the Council in identifying priorities over the next several years and have provided information as to other methods to engage the public in the vision and strategic planning of the Town. A Community Survey is planned again for 2018. The Strategic Plan is organized as follows:  The Strategic Plan Vision provides a dynamic overview describing the way of life in Avon, the values the community holds and serves as a comprehensive statement regarding the focus and directed outcomes of the Town’s work. The Vision is directed by the Comprehensive Plan.  From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed, resulting in a Strategic Plan. 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page3 Strategic Plan Vision “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit and recreate in the community.” TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017 The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on families and workers, and that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and, by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page4 Strategic Plan Fiscal Years 2017-19 SUPPORT A STRONG COMMUNITY, BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY The Town will continue to value and support our community through a strong and diverse economy, attentive to business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base. The Town’s commitment to planning for future growth; to ensuring there is a hierarchy of built forms to reflect the importance of the Town Center; an openness to new community development trends; and, recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic relationship for the successful construction of the built environment and business growth. RECENT SUCCESSES ADOPTION OF THE AVON COMPREHENSIVE PLAN –APPROVAL OF BEAVER CREEK BLVD FINAL DESIGN – WEBSITE UPDATED – LOT B HOTEL APPROVAL – EAGLEBEND FINANCING – BENCHMARK COVENANTS TERMINATION - BUS PILOT TESTS, DEVIATED LOOPS & FUNDING OF EVENING SERVICE – ZAGSTER BIKE SHARE PROGRAM - VALLEY HOME STORE MANAGEMENT AGREEMENT – FRANCHISE AGREEMENT - NOVEMBER 2017 BALLOT QUESTION FOR BROADBAND EXEMPTION CURRENT CHALLENGES SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR WORKERS & SENIORS - FEW HOUSING OWNERSHIP OPPORTUNITIES – APPROVALS & OPPORTUNITIES WITH THE RAILROAD - CHANGING DEMOGRAPHICS OF THE SKI INDUSTRY & INCREASED COMPETITION STRATEGIES Tier 1 Priorities  Meet the Comprehensive Plan Housing goals to 1) Achieve a diverse range of housing densities, styles and types, including rental and for sale, to serve all segments of the population; and 2) Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental an ownership opportunities, which are affordable for local working families. STAFF DISCUSSIONS HELD WITH INTERESTED DEVELOPERS  Town of Avon Properties Development Strategies:  Finalize in 2017, through the PZC recommendation process and Council adoption process the preparation of development strategies for Tract G, Lot 5 and Swift Gulch, building on the Stan Clauson Associates, November, 2015, initial plan. In the Tract G planning, evaluate expansion of the Recreation Center and a parking garage. Ensure increase access to the Eagle River and utilization of the river is included in the planning. Engage a citizen committee to serve as a stakeholder group for consideration of the relocation of the Hahnewald Barn, Blacksmith Shop and Cabin in the Town of Avon. The planning will be an inclusive process with the greatest civic engagement from the initial meetings through adoption hearings. SCHEMATIC DESIGN WORK AND PROBABLE COSTS OR BARN RELOCATION 2017-2019 STRATEGIC PLAN July 25, 2017 Page5 AND BEFORE TOWN COUNCIL ON NOVEMBER 14TH. FINALIZATION OF THE DEVELOPMENT STRATEGIES PLAN ADOPTION WILL FOLLOW COUNCIL DIRECTION ON THE BAR RELOCATION.  Develop an implementation plan once adopted.  In the interim, construct cleaning and minor facility upgrade budgets for Fire Station 7 and the Wildridge Fire Station for renting to workers and/or working families in late 2017/2018, with consideration of terms which allow for future renovation. WILDRIDGE FIRE STATION UNITS LEASED; 351 BENCHMARK ROAD BUILDING OUT FOR LETTERS OF INTEREST  Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit, parking and wayfinding.  Beaver Creek Boulevard – Walkability/Bike/Pedestrian/Vehicle Redesign: Bid project in fall of 2017; Construct in 2018, pending bid approval. NEEDED CONSTRUCTION EASEMENTS EXPECTED NOV. 30TH; BID DOCUMENTS TO BE RELEASED IN MID-JANUARY  2017 Town of Avon Multimodal Transportation and Parking Plan – Finalize PZC recommendation and program Council action for adoption in the summer/fall of 2017 WILL BE SCHEDULED FOR PZC AND COUNCIL ACTION IN PARALLEL WITH TOWN-OWNED PROPERTIES PLAN  Nottingham Road/I-70-Avon Road Underpass Improvements – Design 1) Nottingham Road drainage improvements to mitigate mud and debris flows; 2) Pedestrian safety improvements including crosswalks and sidewalks; and 3) I-70-Avon Road Underpass Safety/Beautification Entry Improvement. Bid and Construct as designs and funding are approved. IN PROGRESS. NOTTINGHAM ROAD SIDEWALK ADDED TO PROJECT.  Fully support Avon transit as a key element of a walkable community, including funding of a Town late night transit loop; testing taxi, dial-a-ride or transportation network company (e.g., Uber) services for low-ride routes, including Wildridge and West Beaver Creek Boulevard west of Lake Street, and a Tipsy Taxi program; stay attentive to the potential role of autonomous cars. LATE NIGHT BUS FUNDED AND OPERATIONAL; TIPSY TAXI PROGRAM TO BE PRESENTED TO BUSINESSES IN NOVEMBER; FUNDING IN 2018 BUDGET FOR PILOT PROGRAMS  Participate in the development of the ECO Transportation Development Plan and work with the ECO Board to advance Avon initiatives, such as increasing to late night bus service to serve workers and a Tipsy Taxi program. ACTIVE PARTICIPATION BY COUNCIL REPRESENTATIVES ON ECO BOARD, INCLUDING TDP STUDY  Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home sizes. NO ACTIVITY AT THIS TIME.  Implement the Zagster bike share program for the period of August 31, 2017 through October 31, 2018, monitor and report on challenges and successes. PROGRAM IMPLEMENTED AND BEING MONITORED  Pending outcome of the November, 2017, election seeking exemption from SB-152, develop a program for Avon to join the Smart City vision of integrating information and communication technology to serve first Town public spaces and then, through a public/private partnership, serve residential and commercial users, through broadband development. Participate in the Mountain Connect forums. BROADBAND EXEMPTION APPROVED ON NOVEMBER 7TH; PLANNING WILL NOW PROCEED.  Work progressively with the Union Pacific Railroad to: 1) Verify the railroad ROW through Avon; 2) Gain permits for needed pedestrian infrastructure on WBCB; 3) Sustain continual clean-up of the railroad ROW; 4) Address the Richardson Ground Squirrel population; and 5) Explore opportunities for a cross-country ski track and allowing railbikes from Edwards to Minturn. WBCB PERMIT STILL UNDER REVIEW; NO OTHER ACTIVITY AT THIS TIME 2017-2019 STRATEGIC PLAN July 25, 2017 Page6  Retain consultant services to analyze total revenues collected (all major sources) and revenue tax share from the Real Estate Transfer Tax rate, including the primary exemption of $160,000 as a mechanism to increase affordable opportunities for homeownership in Avon to support employee housing shortages for Avon businesses. Once completed, in a collaborative work group, with Eagle County, its municipalities and major metropolitan districts, review Eagle County’s revenues and expenditures apportionment. EPS, INC. RETAINED. DRAFT REPORT DUE NOT LATER THAN MARCH 1ST. Tier 2 Priorities  Evaluate the formation of a special improvement district to improve the facades of the Avon Center, Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including but not limited to landscaping, streetscape and beautification programs. Include development of public spaces in the district assessment. NOT YET STARTED.  Evaluate whether Avon should pursue a Downtown Development Authority to support economic development partnerships. FIRST DISCUSSION WITH HCRE AND TRAER CREEK COMPLETED.  Support Town Council efforts to develop a Sister City relationship. WILL SUPPORT, AS NEEDED. On-going  Work proactively with the owners of vacant commercial property to find leaseholders and/or redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments generated from the existing district or in a potential new Urban Renewal Authority district, and/or 2) Other economic development incentives including tax rebates, zoning amendments, etc. RECENT DISCUSSIONS WITH GART PROPERTIES, HCRE AND TRAER CREEK  Maintain a strong partner relationship with the Avon business community, developers, the EGE Air Alliance, Vail Valley Partnership and the Vail Leadership Institute/Vail Centre.  Support the efforts of the Avon Business Association, when appropriate. BI-ANNUAL BUSINESS LETTER SENT OUT WEEK OF OCTOBER 30  Be aware and proactive in Town projects, programs and day-to-day work in the support, retention and development of inclusive neighborhoods, with specific attention to the needs and opportunities for the Avon Elementary School, such as hosting the spring graduation  In the Town’s Swim Program, when appropriate, include Homestake Elementary students in Avon’s school programs. IN PROGRESS.  Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for developments in the Town of Avon to discuss current issues, development needs and opportunities. MEETINGS WITH TRAER CREEK DURING THE PERIOD, AND UPDATE CALLS WITH HCRE  Maintain Google Transit maps for local bus schedules. GOOGLE QUALITY CONTROL GROUP STILL REVIEWING MAPS. 2017-2019 STRATEGIC PLAN July 25, 2017 Page7 Strategic Plan Fiscal Years 2017-19 PRESERVE & ENHANCE THE NATURAL ENVIRONMENT Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the Town in order for the Town to protect Avon’s unique setting and its open spaces. Avon will promote sustainability through the funding of programs and projects to protect the Town’s and the regions clean waters and clean air and to conserve environmental resources. RECENT SUCCESSES WALKING MOUNTAINS CONSERVATION EASEMENT - WILDFIRE COORDINATION WITH ERFPD FOR FIRE RESPONSE AND HOMEOWNER OUTREACH – ADOPTION OF CLIMATE ACTION PLAN & IMPLEMENTATION PRIORITIES – PSF SOLAR – NEW TOWN HALL HEAT RECOVERY – CLEER ENERGY NAVIGATOR INSTALLATIONS - I AM PRO SNOW 110% COMMITTED – MAYORS NATIONAL CLIMATE ACTION SIGNATORY CURRENT CHALLENGES CLIMATE CHANGE - WILDFIRE POTENTIAL – DROUGHT – REDUCED NUMBER OF SKI DAYS - POTENTIAL COLORADO WATER COMPACT CALLS & SHORTAGES - EAGLE RIVER PROTECTION - RESOURCE COST ESCALATION STRATEGIES Tier 1 Priorities  From the 2016 Town of Avon Climate Action Plan Implementation Schedule, adopted on March 28, 2017, implement the Year One priorities, including but not limited to:  Considering legislation to end the use of plastic bags and non-compostable take-out containers by retailers and restaurants in the Town of Avon. PLASTIC BAG ORDINANCE PASSED; NON-COMPOSTABLE WILL BE SCHEDULED IN EARLY 2018  Establishing the CO2 baseline, modifying municipal buildings and street lights and monitoring. ENERGY NAVIGATOR SYSTEM FUNDED AND INSTALLED  Amending the Town’s landscape code to more effectively replace vegetation which has been removed and improve water quality in drainages, streams and along in the Eagle River UPDATE COMPLETED  With the expertise of the UERWA, developing outdoor landscape guidelines/regulations to reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River. COMPLETED: INCLUDED IN THE LANDSCAPE CODE UPDATE  In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and support files, etc. IN PROGRESS AND GOING WELL.  Take the lead role in working with the UERWA to assess and potentially partner with the Aspens Mobile Home Village to improve and/or replace the property’s water distribution system to eliminate water loss. EARLY ANALYSIS BY UERWA FOUND THE WATER LINE MAY NOT BE THE PROBLEM  Partnering with Walking Mountains Science Center and Eagle County to expand the Energy Smart Program and community educational outreach. GRANT OF TOWN ENERGY OFFSET FUNDS PROVIDED TO WALKING MOUNTAINS FOR 2018 WORK IN AVON 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page8  Identify and prioritize which municipal and/or land use codes should be revised to fully implement the Plan, including but not limited to a re-evaluation of the Alternative Equivalent Compliance regulation to include a stronger nexus, with specific metrics for performance to the Climate Action Plan and Avon’s Housing Goals. NOT YET STARTED  Develop, with consultant services, the Harry A. Nottingham Landscape Plan; including in the plan timely replacement of the Town's public tree stock; invite Walking Mountains to evaluate biosphere enhancements to the northwest corner of Nottingham Lake during the planning process. CONSULTANT RETAINED  Proactively ensure trees on public and private property do not host and spread viruses; remove dead trees with a well-developed landscape program. 2018 BUDGET PROVIDES MONIES FOR CONSULTANT EVALUATION  Complete the annexation of the East Avon Preserve. COMPLETED Tier 2 Priorities  Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste haulers. NEED TO WORK WITH EAGLE COUNTY  At such time as the Eagle County Landfill is prepared to receive compostable collected materials, evaluate how to implement collection in Avon and prepare a recommendation for Council action. On-going  Partner with Eagle County and its political jurisdictions to fully implement the Eagle County Climate Action Plan. STAFF AND COUNCIL REPRESENTATIVES APPOINTED  Participate as an active member of the Urban Run-off Group and the Eagle River Watershed Council to evaluate and support, as appropriate, needed Eagle River improvements. STAFF REPRESENTATION AND 2018 FUNDING 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page9 Strategic Plan Fiscal Years 2017-19 DEVELOP INCLUSIVE & DIVERSE ECONOMIC, EDUCATIONAL, RECREATIONAL & CULTURAL OPPORTUNITIES The importance of vibrancy and activity within the Town will be supported by partnering with existing special events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive sense of place and public. Providing an exceptional system of parks, trails, and recreational programs to serve the year-round needs of area residents and visitors is an important Town goal. RECENT SUCCESSES COMPLETION OF REGIONAL TRAIL AND METCALF CLIMBING LANE – COMPLETION OF PARK RESTROOM UPGRADE - PLAYGROUND GOCO GRANT – RECREATIONAL TRAILS UPDATE - DIVERSE EVENTS & FESTIVAL ACTIVATION – FESTIVAL REPORT & AGREEMENT CHANGES – APPOINTMENT OF AD HOC SPECIAL EVENTS COMMITTEE CURRENT CHALLENGES ATTRACTING & NURTURING A SUSTAINABLE YEAR-ROUND SCHEDULE OF SPECIAL EVENTS - SUMMER REVENUE, WHEN MEASURED BY SALES TAX, LAGS WINTER RECEIPTS STRATEGIES Tier 1 Priorities  Construct the Destination Jump, Splash, Learn playground, which has been funded with a GOCO grant and the appropriation of Community Enhancement Fund monies. UNDER CONSTRUCTION; COMPLETION DATE SCHEDULED FOR DECEMBER 1  Under the auspices of the Ad Hoc Special Events Committee, continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall. 2018 RFP SOLICITATION AND GRANT AWARDS COMPLETED In particular:  Seek to expand live theater as a desired multi-day or evening festival. NO APPLICATION RECEIVED  Expand use of the Pavilion in shoulder seasons to local band productions, which are low key and low budget, such as a battle-of-the-bands or open mike nights. FUNDING NOT APPROVED  Work with Bravo! Vail to pursue performance options at the Avon Performance Pavilion. DISCUSSIONS HELD IN SUMMER OF 2017; NO RESPONSE TO RFP SOLICITATION  To streamline and assist local and national big city promoters to efficiently produce and market events:  Develop detailed diagrams for all Avon event venues, including but limited to dimensions, location of electrical outlets, irrigation system, domestic water hose bib, parking lots, etc. ON TRACK TO BE COMPLETED NOVEMBER 16TH 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page10  Develop best marketing practices and marketing advice for event success in Avon, and coop with any Avon marketing plan, where Avon has provided funding or use of a Town venue. AHSEC HAS ESTABLISHED A MARKETING SUB-COMMITTEE; MEETS ON NOV. 15  Establish, for ticketed events, procedures and policies to limit poaching of concerts. WILL BE DONE ON A CASE-BY-CASE BASIS WITH PRODUCERS  Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town Council, as soon as possible; and 1) pursue construction grants, when appropriate; and 2) rigorously seek an easement to construct a connecting trail from the southern terminus of Lake Street to the Eagle River Regional Trail. M2/M3 TRAILS DELAYED DUE TO EASEMENTS NOT BEING COMPLETED; RECOMMENDED FOR 2018 CONSTRUCTION.  As directed by the Town Council on May 23, 2017, implement the action plan to pursue a Colorado Creative District designation; budget and retain qualified consultant services for development of a strategic plan, as may be needed. IN PROGRESS, WITH COUNCILORS PHILLIPS AND WOLF SOLICITING FOUNDING COMMITTEE MEMBERSHIP; FUNDS APPROPRIATED IN 2018 BUDGET FOR CONSULTANT ASSISTANCE  Rebuild Eagle River Whitewater Park and ensure the Base Camp development approval to construct on the south side of the Eagle River a connecting path be completed prior to Certificate of Occupancy; once rebuilt, seek to engage the Vail Valley Foundation in an activation program. FUNDED FOR FALL OF 2018 CONSTRUCTION  Evaluate the pros and cons of the Town of Avon using its special event liquor permit quota, as allowed for events at a Municipal Arts and Cultural Facility, which may include the Main Street Mall, New Town Hall, Harry A. Nottingham Park and the Avon Pavilion. As part of the evaluation assess alternatives for forming a (Liquor) Entertainment District or liquor license for venue premises. EXPECTED TO PRESENT REVIEW TO AHSEC AT DECEMBER OR JANUARY MEETING; THEN COUNCIL ACTION  Issue a Community Survey on or about August 15, 2018; coordinate with CAST efforts, if constructive to do so. EVALUATING JOINT EFFORT WITH C.A.S.T. TOWN’S  Continue to actively work with the USFS on the Town’s request for USFS 779 to be open to winter motorized use. ACTIVELY MONITORED. Tier 2 Priorities  Build photo monuments around the commercial core to memorialize Avon’s history. IN PROCESS WITH HISTORICAL PRESERVATION COMMITTEE  Evaluate a Scientific and Cultural District to provide funding for Walking Mountains’ educational programming and Avon’s cultural activities. AGREEMENT WITH WALKING MOUNTAINS TO WORK ON  Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the Capital Projects Fund, when feasible. SPRING 2018 On-going  When approving Town funded or supported festivals and events which offer alcoholic libations, require that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit. CONSISTENTLY DONE.  Support regional World Class events and the Walking Mountains School. BOTH SUPPORTED IN 2018 FUNDING  As appropriate, share the results of the Community Survey with potential business interests in terms of types of businesses and services desired in Avon. 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page11  Maximize the grant resources available through potential sources available such as through the Office of Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs.  Ensure a valley-wide events calendar is maintained through the Vail Valley Partnership.  Be creative in activating the Town public ways with ideas such as bicycle pedal bars or a railroad trolley car. NO ACTIVITY ON THIS.  Schedule Council civic engagement opportunities at the Pavilion Green Room. YES, USED. 2017-19 STRATEGIC PLAN UPDATE July 25, 2017 Page12 Strategic Plan Fiscal Years 2017-19 PROVIDE A RESPONSIVE, CUTTING-EDGE & EFFECTIVE GOVERNMENT Ensure that Town government is managed and operated as a competitive business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in each department. Provide for the development of capital projects, which support the community- resort economy, and promote the Town brand through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-go, new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative and resilient to change RECENT SUCCESSES COUNCIL STRATEGIC PLAN ADOPTED – PUBLIC SAFETY FACILITY COMPLETED – NEW TOWN HALL DESIGN & PRICING COMPLETED - CIVIC ENGAGEMENT PROGRAMS EXPANDED - BALANCED BUDGETS ACHIEVED – RESERVES MAINTAINED – 2017 EXPENDITURE SAVINGS - DEFFERED MAINTENANCE FUNDED CURRENT CHALLENGES CIVIC ENGAGEMENT OUTREACH CHALLENGES - LABOR FORCE COMPETITION – RISING COST OF CONSTRUCTION - COMPETING FOR GRANTS FOR PUBLIC PROJECTS STRATEGIES Tier 1 Priorities  Complete construction of the new Police Station at the Public Safety Facility and staff relocation. MOVE-IN DELAYED DUE TO SECURITY SYSTEM PARTS BACK-ORDERED  Pursue completion of the New Town Hall as a LEED Gold (or Silver, pending costs) building, with full pricing, value engineering, Council authorization for the bid release and bid. marketing plan; present most qualified lowest price bid to the Town Council for action BIDS DUE MID NOVEMBER; COUNCIL ACTION ON DECEMBER 12TH  Evaluate how best to conduct Avon’s Annual Town Clean-up Day, including but not limited to date (day or evening), marketing and any type of community gathering after the clean-up is completed. TO BE DONE  Implement the Marketing Plan’s 2017 – 2019 priorities. IN PROGRESS  Monitor and adjust as needed the comprehensive Community Swim Program. OPEN SWIM MEET SCHEDULED FOR AUGUST 10/11. IMPRESSIVE ENROLLMENTS AND USA TEAM COMPETITIONS FINDING PODIUMS  Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in partnership with Eagle-Vail. TO BE DONE. 2017-19 STRATEGIC PLAN QUARTERLY PROGRESS UPDATE November 14, 2017 Page13 Tier 2 Priorities  Plan and budget for the development of Lot 5, in the Five Year Capital Improvements Plan, including adding a reserve line item for an equipment and vehicle storage facility and future office space. INCLUDED. On-going  Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating deferred maintenance funds as required, and seeking long term debt approval, when appropriate. 2018 BUDGET ADDRESSES.  Provide strategic Council leadership, consistently practicing open and transparent government.  Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a triannual community survey, volunteerism program, etc. IMPLEMENTED  Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to economic fluctuations; transfer surplus funds to capital projects. MET IN 2018 BUDGET  Continue to develop annual department work plans, which are measurable and maintain accountability. COMPLETED WHEN BUDGET ADOPTED  Hold annual or bi-annual sessions in joint meeting settings with government partners. TO BE DONE  Host a Ski with the Police Day at the Beaver Creek Resort as part of Avon’s Resort/Police Department agreement. WILL BE DONE IN 2018  Seek a naming sponsor for the Avon Performance Pavilion. WILL BE PURSUED WITH MORE EVENTS.