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TC Packet 01-23-2018 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 23, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:10 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 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:10 PM (SEE AGENDA BELOW) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. MEETING PROCEDURES FOR THE MEETING OF JANUARY 23, 2018 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. 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) 5. PRESENTATIONS 5.1. VAIL VALLEY SALVATION ARMY PRESENTATION (TSU WOLIN-BROWN) (15 MINUTES) 5.2. COMMUNITY DEVELOPMENT DEPARTMENT PRESENTATION (PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 6. ACTION ITEMS 6.1. PUBLIC HEARING AND APPROVAL OF RESOLUTION 18-05, APPROVING A MINOR PUD AMENDMENT FOR LOTS 2A, 2B, 3, AND 5, BUCK CREEK PUD (TOWN PLANNER DAVID MCWILLIAMS) (15 MINUTES) 6.2. ACTION ON 40TH ANNIVERSARY CELEBRATION PROGRAM AND FUNDING (COMMUNICATIONS MANAGER LIZ WOOD) (15 MINUTES) 6.3. CONSENT AGENDA (5 MINUTES) 6.3.1. APPROVAL OF RESOLUTION 18-06, APPROVING WAIVER AND RELEASE OF CONSERVATION EASEMENT FOR LOT 90, MOUNTAIN STAR (TOWN ATTORNEY ERIC HEIL) 6.3.2. APPROVAL OF RESOLUTION 18-04, APPROVING EASEMENTS FOR THE BEAVER CREEK BOULEVARD STREETSCAPE PROJECT (TOWN ENGINEER JUSTIN HILDRETH) 6.3.3. APPROVAL OF MINUTES FROM JANUARY 9, 2018 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 23, 2018 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:10 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 7. WRITTEN REPORT 7.1. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 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, JANUARY 23, 2018 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 TRANSFER OF OWNERSHIP 4.1. APPLICANT: CHINA GARDEN, INC. D/B/A CHINA GARDEN CURRENT OWNER: 3 DRAGONS, LLC. D/B/A QI ADDRESS: 100 W. BEAVER CREEK BLVD. NEW OWNER: SHARON MOU TYPE: HOTEL AND RESTAURANT LICENSE 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: BOB’S PLACE, LLC D/B/A BOB’S PLACE LOCATION: 100 W. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: CHRIS DOYLE 5.2. APPLICANT: MILLERS BOTTLE SHOP, LLC D/B/A JOE’S LIQUORS LOCATION: 1060 W. BEAVER CREEK BLVD. #1B TYPE: LIQUOR STORE LICENSE MANAGER: BILL HOLM 5.3. APPLICANT: VISTANA COLORADO MANAGEMENT, INC. D/B/A SHERATON MOUNTAIN VISTA LOCATION: 160 BEAVER CREEK WEST TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: DAVID WEISS 5.4. APPLICANT: PHO 20, LLC D/B/A PHO 20 LOCATION: 47 E. BEAVER CREEK BLVD UNIT C13-C14 TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: CONG HUANG 6. REPORT OF CHANGES- CORPORATION MASTER FILE 6.1. APPLICANT: DILLON COMPANIES, INC. D/B/A CITY MARKET #26 LOCATION: 72 BEAVER CREEK PLACE MANAGER: JEFF GENTILINI 7. MINUTES FROM JANUARY 09, 2018 8. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairwoman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Matt Gennett, Amy Phillips and Megan Burch. Jake Wolf arrived at 5:02 p.m. Also present were Town Attorney Eric Heil, Sergeant Jonathan Lovins, Assistant Town Manager Scott Wright, Recreation Director John Curutchet, Deputy Town Manager Preston Neill and Secretary Debbie Hoppe. 2. APPROVAL OF AGENDA Chairwoman Fancher requested the addition of a Retail Warehouse Storage permit for Sauce on the Creek. The Board agreed to the addition. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE Start time: 01:40 4.1. Applicant Name: Sauce on the Creek, LLC d/b/a Sauce on the Creek Location: 0101 Fawcett Road #100 Type: Hotel and Restaurant Liquor License Manager: Deb Applegate Action: Resolution No. 18-01 Chairwoman Fancher opened the public hearing and no comments were made. Shervin Rashidi was present to answer any questions. Vice Chairwoman Smith Hymes moved to approve Resolution 18-01, approving the application of Sauce on the Creek, LLC d/b/a Sauce on the Creek for a new Hotel and Restaurant Liqour License. Board member Phillips seconded the motion and it passed unanimously by Board members present. Councilor Gennett moved to approve the Retail Warehouse Storage permit for Sauce on the Creek, LLC d/b/a Sauce on the Creek. Board member Prince seconded the motion and it passed unanimously by Board members present. 5. MINUTES FROM DECEMBERR 12, 2017 Start time: 07:50 Board member Gennett moved to approve the minutes from the December 12, 2017, Liquor Authority meeting. Board member Phillips seconded the motion and it passed passed unanimously by Board members present. 6. ADJOURNMENT There being no further business to come before the Board, Chairwoman Fancher moved to adjourn the liquor meeting. Board member Burch seconded the motion and it passed unanimously by Board members present. The time was 5:08 p.m. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary 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: Preston Neill, Deputy Town Manager Meeting Date: January 23, 2018 Topic: VAIL VALLEY SALVATION ARMY PRESENTATION SUMMARY Please welcome Tsu Wolin-Brown and Emma Von Arx with the Vail Valley Salvation Army, to Tuesday’s meeting. They will present on their “Bare Roots” and “Get Out and Grow Avon” projects. The mission of the “Bare Roots” project is to support healthy food access through education, outreach and partnerships. Vail Valley Salvation Army was awarded $5,000 in FY 2018 through the Town of Avon’s Community Grant Program to support the “Get Out and Grow Avon” project. The project provides people the opportunity to participate in workshops and classes to learn how to grow your own food. The project aims to connect the community with nature and build healthy habits by advocating access to local food and local growing. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, Planning Director Meeting Date: January 23, 2018 Meeting Agenda Topic: COMMUNITY DEVELOPMENT DEPARTMENT PRESENTATION SUMMARY The program functions and trends for the Community Development Department will be presented. Staff will be available for any questions the Avon Town Council might have. ATTACHMENT Powerpoint Presentation 1 COMMUNITY DEVELOPMENT DEPARTMENT PRESENTATION January 23, 2018 Avon Town Council Meeting DEPARTM ENT OVERVIEW •PLANNING & BUILDING SERVICES - Overseen by Planning Director •EVENTS & COM M UNITY GRANTS - Overseen by Town Manager’s Office •4.6% OF TOTAL TOWN EXPENDITURES 2 PROGRAM ACTIVITES •LONG RANGE PLANNING -Master Plans, Walkability, Code Amendments, Housing •CURRENT PLANNING - Design Review, Signage, New Construction •STAFF TO PZC •SPECIAL PROJECTS - Wayfinding, Trails, Historic Preservation, Grants, Regional Studies, Creative Dist. PROGRAM ACTIVITES •BUILDING PLAN REVIEW - All in house, Avg. 1 week turnaround •BUILDING INSPECTIONS - 497 total in 2017; 90% in house •CODE ENFORCEM ENT -Police, Town Attorney, Public Works 3 TRENDS •DEVELOPMENT PRESSURE FOR HOUSING •INCREASEIN TENANTFINISHPERMITS •INCREASED DEMAND ON CODE ENFORCEM ENT •INCREASE IN M INOR PROJECTS AND REMODELS BUILDING PERMIT TRENDS •FEES $0.00 $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 2011 2012 2013 2014 2015 2016 2017 Fees Paid 4 BUILDING PERMIT TRENDS •VALUATION $0.00 $5,000,000.00 $10,000,000.00 $15,000,000.00 $20,000,000.00 $25,000,000.00 $30,000,000.00 $35,000,000.00 $40,000,000.00 $45,000,000.00 $50,000,000.00 2011 2012 2013 2014 2015 2016 2017 Valuation per Year PLANNING CASES 0 10 20 30 40 50 60 Planning Case Types 2015 2016 2017 5 ON THE HORIZON •PAPERLESS WITH BUILDING SUBM ITTALS •CONTRACTOR LICENSING ONLINE •SHORT TERM RENTAL REGULATIONS •ACCESORY DWELLING UNITS •CREATIVE DISTRICT SUPPORT •SIGN CODE UPDATES •TOWN PROPERTY PLAN IMPLEMENTATION •AEC & ENERGY USE REGULATIONS TOWN COUNCIL REPORT  To:  Honorable Mayor Jennie Fancher and Avon Town Council  From:    David McWilliams, Town Planner   Meeting Date:  January 23, 2018 Meeting  Agenda Topic:   PUBLIC HEARING AND APPROVAL OF RESOLUTION 18‐05, APPROVING A MINOR PUD  AMENDMENT FOR LOTS 2A, 2B, 3, AND 5, BUCK CREEK PUD  ACTION BEFORE COUNCIL  Action on Resolution 18‐05, approving a Minor PUD Amendment for Lots 2A, 2B, 3, and 5, Buck Creek  PUD.    RECOMMENDED MOTION  “I move to approve Resolution 18‐05, thereby approving the Minor PUD Amendment for Lots 2A, 2B,  3, and 5, Buck Creek PUD.”  SUMMARY  Before Town Council for action is a Resolution (Exhibit A) to modify the existing Buck Creek PUD.  The  attached development standards and cover letter (Exhibit B) outline the requested amendments for  the allowable uses and development standards for 2A, 2B, and 3 Buck Creek PUD. The final draft of the  Amendment includes an overall limitation of 31 dwelling units between the developable properties,  per PZC conditions, and a clarification of setback requirements included by the applicant. The Minor  PUD Amendment was reviewed by the Planning and Zoning Commission (PZC) at their January 2, 2018  meeting.  The attached PZC materials (Exhibit C) document conformance with the applicable review  criteria as well as recommended conditions.    AVAILABLE ACTIONS  1)APPROVE Resolution 18‐05; thereby upholding PZC’s recommendation for approval of the Minor PUD Amendment.  2)CONTINUE Resolution 18‐05 to the February 13, 2018 meeting. 3)DENIAL with motion and vote to deny the application. ATTACHMENTS       Exhibit A: Resolution 18‐05   Exhibit B: Application Narrative and PUD Map  Exhibit C: PZC Materials for Minor PUD Amendment    Exhibit A Page | 1 TOWN OF AVON RESOLUTION 18-05 A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR LOTS 2A, 2B, 3, AND 5, BUCK CREEK SUBDIVISION WHEREAS, a Minor PUD Amendment Application ("Application"), was submitted to the Community Development Department of the Town on December 14, 2017 by Berglund Architects ("Applicant"); and WHEREAS, the Application requests to amend the zoning of Lot 2A and 3 to allow for to allow increased use types and building height; and WHEREAS, the Application maintains a maximum of 31 dwelling units among the lots; and WHEREAS, the Application was reviewed as a "Minor PUD Amendment " pursuant to Section 7.16.060(1)(ii), Avon Development Code (“ADC”); and WHEREAS, the Planning and Zoning Commission held a public hearing on January 2, 2018 after posting notice of such Public Hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission recommended that the Town Council approve the Application by approving Findings of Fact and a Record of Decision pursuant to Section 7.16.060(e)(4), ADC; and WHEREAS, the Avon Town Council held a public hearing on January 23, 2018, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in Section 7.16.060(e)(4), ADC, and made the following findings regarding the Application: (1) The Application was processed in accordance with Section 7.16.060(h), Amendment to a Final PUD, ADC, which allowed the application to be processed as a minor amendment pursuant to Section 7.16.060(h)(1)(ii), Minor Amendment, ADC, and utilized the review criteria set forth in Section 7.16.060(e)(4), Preliminary PUD Review Criteria, ADC; and, (2) The Application is in conformance with §7.16.060(e)(4), Review Criteria, ADC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment; and (3) The PUD Amendment does not change the character of the development and maintains the intent and integrity of the Buck Creek PUD which provides a valuable community asset with environmental education programming and opportunities for public engagement with the outdoors; and (4) The Application complies with the Avon Comprehensive Plan goals and policies as outlined in staff’s report dated January 2, 2018. Exhibit A Page | 2 NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Case Number PUD18001, a Minor PUD Application for the Buck Creek PUD, Town of Avon, State of Colorado, is hereby approved. Section 2. Exhibit A to Resolution 18-05, “Buck Creek PUD Development Plan Amendment 2” shall replace Buck Creek PUD Development Plan, dated November 17, 2009 in its entirety and govern all future uses, densities, and parking standards for the properties. ADOPTED this 23rd day of January 2018. TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 1 Walking Mountains Buck Creek PUD Development Plan Amendment 2 Minor Amendment to PUD Lots 2A, 2B, 3, and 5 Located in the Section 1, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, County of Eagle, State of Colorado Introduction The Buck Creek PUD was completed in November 17, 2009. This proposed minor amendment to the Buck Creek PUD reflects the development of the school and future development of the property. Legal Description: Buck Creek PUD Subdivision Filing #3, Lot 2A Buck Creek PUD Subdivision Filing #3, Lot 2B (Conservation Easement) Buck Creek PUD Subdivision Filing #3, Lot 3 (Existing Campus) Buck Creek PUD Subdivision Filing #3, Lot 5 (Early Childhood Education) Development Standards From the original Buck Creek PUD Development Plan dated November 17, 2009, Lot 1A, Lot 1B, and Lot 4 have been removed from the PUD and developed separately. Lot 2 has been divided into two Lots - Lot 2A and Lot 2B. The proposed minor amendment to the PUD development plan address Buck Creek Filing 3, Lots 2A, 2B, 3 and 5. Development Description The Minor PUD Amendment application proposes to modify the existing approved land uses. The Walking Mountains program and facility has grown over the past eight years and the building needs have changed since the original PUD process. This application proposes to change the uses allowed on Lot 2A and Lot 3 to lots to be similar. The proposed zoning allows a variety of uses from residential housing units, schools, employee housing units, pedestrian paths and trails, public assembly facilities, museums to public educational facilities on the two lots. Early childhood education is the exception and is still only proposed for Lot 5. (Note: There are no proposed changes to the zoning on Lot 5 per the owner of Lot 5’s direction). This provides Walking Mountains the flexibility to develop the campus in alignment with future needs without revisiting the PUD process each time. Additionally, a Conservation Easement now encompass 3.51 acres of Lot 2B. Documents Included (3) 24x36 Sheets Cover Sheet w/ Development Standards, Site Plan Lots 2A and 2B Site Plan Lots 3 and 5 (9) 8 1/2x11 Sheets PUD Description, Development Standards and Conformity with 7.16.060 Eligibility Requirements from the Town of Avon Development Code Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 2 Proposed Development Standards Amendment 2 (highlighted in yellow are the key changes to the zoning) General Notes 1. This PUD Development Plan contains the development standards and uses for the Amended Buck Creek PUD. Other uses and provisions of the Town of Avon Zoning Code not specifically addressed herein, or in the related agreements, shall apply to the Amended Buck Creek PUD 2. The Town of Avon Development Code (Title 7) and the Avon Building Code (Chapter 15), as amended from time to time, shall govern development within the Amended Buck Creek PUD 3. Property owners within the PUD shall not have the right of refusal against future PUD amendments other than their existing rights as adjacent property owners. 4. Buck Creek PUD shall be allowed the following deviations from the Town of Avon Municipal Code Chapter 7 Development Code standards: a. AMC 7.28.040.f.ii (B) – Cul-de-Sacs Exemption to allow an increase in the maximum cul-de-sac length to approximately 1,650 feet for Walking Mountain Lane and to allow commercial uses as noted on the Buck Creek PUD Development Plan as constructed. b. AMC 7.32.030 – Roadway Width Exemption to allow the roadway widths within the Buck Creek PUD Amendment 2, which shall be classified as local streets, to be reduced from the minimum 22 feet to 20 feet along their entire length as constructed. The interior roads within Lot 2A will not be classified as roadways and will be classified as private driveways and therefore not subject to AMC roadway width requirements. c. AMC 7.32.030 (i) – Streets - Grades and Curves and Sight Distances Exemption is to allow the maximum roadway grade for Walking Mountains Lane, (formerly Buck Creek Lane), which is classified as a local urban street, be increased from 8% to 8.5% as constructed. d. AMC 7.28.020 Table 7.28-2 Off Street Parking Exemption to reduce parking space requirements for Residential Housing Units/Employee Housing Units as follows: Units under 2500 SF 1 space Units over 2500 SF 1.5 spaces e. A Common Area Roadway Maintenance Agreement executed as part of the original Buck Creek PUD approval process shall remaining in affect. The approval shall not be subject to conditions that are not similar in nature to other similar agreements approved by the Town of Avon, but shall contain language stipulating the maintenance responsibilities for all roadway, utility, and drainage infrastructure. Easements will be granted allow the Town of Avon to maintain said infrastructure if the private maintenance is found to be inadequate and cost recovery agreement for Town of Avon maintenance will be submitted along with the required easements. 5. Two buildings on Lot 3 shall be allowed to encroach into the stream setback as generally indicated on the development. This encroachment shall be only granted to buildings Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 3 owned by the Walking Mountains Science Center and to serve to educate about riparian habitat and the natural environment. 6. Employee Housing Unit means that housing used exclusively for persons employed in Eagle County. 7. Residential Housing Unit/Dwelling Unit: one (1) or more rooms and a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, duplex or multi-family dwelling or mixed-use building. 8. The Maximum Density within the Buck Creek PUD Amendment 2 is limited to 31 Dwelling Units in total across Lots 2A, 3 and 5. 9. Front setback for all lots is measured from Buck Creek Road Right of Way. Lot 2A – Residential Housing and Education Facilities Mixed-use zoning similar to Lot 3. a. Intention – To provide site for educational facilities, governmental facilities, residential units and/or employee housing units supporting the Walking Mountains campus and mission. b. Allowed Uses – The following uses shall be allowed on Lot 2A 1. Residential Dwelling Units 2. Employee Housing Units 3. Parking 4. Schools 5. Pedestrian paths, trails and outdoor classroom areas. 6. Public assembly facilities 7. Museums and public educations facilities c. Special Review Uses – None d. Development Standards 1. Minimum lot size: one-half (.50) acre 2. Maximum Building Height*: forty-five feet (45) 3. Minimum Building Setbacks*: Front – twenty-five (25) feet Side – seven and one-half (7.5) feet Rear – ten (10) feet 4. Maximum Site Coverage*: fifty percent (50%) 5. Minimum landscaped area*: Twenty-five percent (25%) 6. Maximum dwelling unit size: 2,700 gross floor area 7. Maximum density: See General Note 8.0 *Definitions provided at the end of this section. Lot 2B – Conservation Easement Conservation Easement as outlined in Deed of Conservation Easement dated December 21st, 2016. Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 4 a. Intention – To preserve the open space in a Conservation Easement for the scenic enjoyment of the public. b. Allowed Uses – As per Deed of Conservation Easement dated December 21st, 2016 and the associated Management Plan 1. Passive public recreation and education 2. 2 new public trails 3. Information kiosk 4. Interpretive and directional signage no larger than nine (9) sq ft 5. One or more outdoor open-air teaching areas 6. Maintain existing roads 7. Fences 8. Utility improvements including renewable energy generating systems Lot 3 – Natural Science Education Facility (Existing Campus) a. Intention - To provide sites for educational facilities, governmental facilities, and employee housing units supporting the Walking Mountain’s facilities. b. Allowed Uses – The following uses shall be allowed on Lot 3: 1. Schools 2. Employee Housing Units (EHU) 3. Residential Housing Units 4. Pedestrian paths and trails 5. Public assembly facilities 6. Museums and public educational facilities c. Special Review uses – None d. Development Standards: 1. Minimum lot size: one-quarter (.25) acre 2. Maximum Building Height: forty-five (45) feet 3. Minimum Building Setbacks: Front – twenty-five (25) feet Side – seven and one-half (7.5) feet Rear – ten (10) feet 4. Maximum site coverage: Fifty percent (50%) 5. Minimum landscaped area: Twenty-five (25%) 6. Maximum density: See General Note 8.0 Lot 5 – Early Childhood Educations, Day Care and Office – No Change a. Intention - To provide a site for early child care education and office space to serve the immediate community. b. Allowed Uses – The following uses shall be allowed on Lot 5: 1. Early Childhood education facility 2. Professional Office Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 5 c. Special Review uses – None d. Development Standards: 1. Minimum Lot Size: NA 2. Maximum Building Height: thirty-five (35) feet 3. Minimum Building Setbacks: Front – twenty-five (25) feet Side – seven and one-half (7.5) feet Rear – ten (10) feet 4. Maximum site coverage: Fifty percent (50%) 5. Minimum landscaped area: Twenty percent (20%) 6. Maximum density: a. Office: 3000 SF b. Daycare: 2800 SF c. See General Note 8.0 Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 6 General Parking Notes Intention Parking for Walking Mountains Science Center’s facilities shall be located on any of the lots within the Buck Creek PUD, except for Lot 2B (Conservation Easement). The objective is to cluster parking in specific areas to maintain an open natural feel to the campus. Parking shall be shared between Lots 2A and 3. Parking Parking requirements for the Walking Mountain Facilities may be located on any of the lots within the Buck Creek PUD. The objective is to cluster parking to specific areas to maintain an open natural feel to the campus. The classroom parking spaces can also serve as the public assembly spaces. The parking for the public assembly spaces will not typically be used at the same time as the school programs. They will typically be used during the evenings or weekends when school in not in session. The Conservation Easement does not require any specific parking is noted in Deed of Conservation Easement dated December 21st, 2016. The residential units/employee housing units (EHUs) are intended to serve the staff/educators/graduate fellows working at Walking Mountains. It is not anticipated that all educators will own a vehicle. The parking requirements for future housing will be reduced by half since the parking for the classroom/office buildings will be served by the same staff living in the housing. It is assumed that an employee with a car living in the housing units would not need an additional parking space for work related parking. a. On-campus housing is for staff/employees of Walking Mountain Science Center. Their vehicles need not be accounted for in both the housing and the classroom/office parking areas. b. Not all staff/employee members living in the employee housing own a vehicle. Parking for Existing Facilities A total of 33 spaces currently exist for the campus as per the original PUD. Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 7 Parking Requirements for Future Development Residential Units/Employee Housing Units Units under 2500 SF 1 space Units over 2500 SF 1.5 spaces Guest Parking 3-5 units – 2 spaces 5-10 units – 3 spaces 11-15 units – 4 spaces Accessible Required accessible parking for residential development shall be provided in conformance with all applicable accessibility standards of the prevailing Americans with Disabilities Act (ADA), Federal Fair Housing Act (FFHA) and the International Building Code (IBC). Classroom/Office Buildings Educational 4 spaces/1,000 SF Office 3 spaces/1,000 SF Accessible Per Town of Avon Development Standards. Required accessible parking for nonresidential development shall be provided in conformance with all applicable accessibility standards of the prevailing Americans with Disabilities Act (ADA) and the International Building Code (IBC). Conservation Easement NA Lot 5 (no change from original PUD) Early Childhood/Daycare Facility 2 spaces/1000 sf x 2800 sf = 6 spaces Office Space 3 spaces/1000 sf x 3000 sf = 9 spaces A shared parking reduction shall be allowed between Lots 3 and 5. Up to 9 spaces of parking on Lot 5 can be considered to provide for a portion of the assembly occupancy on Lot 3 for evening programs provided that development has been constructed on Lot 5 when the programs commence. Nothing in this provision shall require the owner of Lot 5 to develop or construct any facility or parking lot. Parking standards for all lots shall be pursuant to the parking standards elsewhere on this sheet. Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 8 Proposed Parking - This information is not part of the PUD proposal but breaks down the parking requirements for a Proposed New Classroom/Office Building being designed for Lot 3 and how the site accommodates parking as well as uses the centralized parking lot on Lot 2A to address the parking requirements. Walking Mountains is proposing a new parking lot on Lot 2A that would provide up to 38 parking spaces. These spaces would be primarily for staff and guests at Walking Mountains. The centralized parking area is larger than required for the proposed classroom/office building (see below). The proposed parking lot address current needs for additional parking and accommodates some future proposed buildings and their parking requirements. This information is not part of the PUD proposal but breaks down the parking requirements for a Proposed New Classroom/Office Building being designed for Lot 3. 1,856 SF of Classroom Space = 8 parking spaces 2,076 SF of Office Space and Meeting Space = 6 Office Spaces 14 Parking Spaces, plus accessible parking is required per SF breakdown 3 spaces are provided at the facility – including one accessible spot. Remaining 11 spaces to be provided on Lot 2A in the centralized parking lot. Exhibit B Walking Mountain Amended Development Plan Amendment 2 01-15-18 Minor Amendment to Buck Creek PUD Page | 9 Conformity with 7.16.060 Eligibility Requirements from the Town of Avon Development Code Consistency with Comprehensive Plan The amendment to the Buck Creek PUD is consistent with the Comprehensive Plan for Avon. The proposed uses do not change from the original PUD but provides greater flexibility to construct uses in various locations on the campus. Consistent with PUD Intent The proposed amendment to the PUD is consistent with the original PUD. The proposed changes are primarily to provide additional flexibility regarding the location of the parking, the educational facilities and housing units. The Conservation Easement preserves approximately 3.5 acres of open space on the property and limits future development opportunities. This meets both the community’s goals for open space within the community and Walking Mountains goals to provide opportunities to explore nature, gain a scientific understanding, and learn about the many wonders of our mountain environment through natural science and sustainability programs on and off their campus Compatibility with Existing Land Uses The proposed amendment to the PUD is consistent with the existing land uses in that is a continuation of the existing Walking Mountains campus. The proposed development proposes to keep the educational buildings up closer to the existing classrooms buildings and locating staff housing units and parking down by the more commercial developed Lots 1A and 1B. Public Benefit The community benefits from the Walking Mountain Science Center in multiple ways. The school serves all students in the Eagle County School system with their programing and camps. The Sustainability and Energy Program provide information, programs and assistance to local business and individuals interested in increase their knowledge to energy and sustainability practices. The open space and trails on the property are accessible to the public. Preservation of Site Features The proposed amendments to the PUD enhance the property by keeping the development clustered near the existing buildings and the developments near Nottingham Road. It leaves the existing meadow as open space in the conservation easement. Sufficient Land Area for Proposed Uses Walking Mountains has spent the past 18 months developing various development studies on how the property could be developed in the future to address various needs. The proposed classroom/office building on Lot 3 has flexibility within the building to address needs for classroom space and office space for the next 10+ years. The proposed housing and parking on Lot 2A provides development opportunity to address current needs to help provide housing for staff and parking for the campus. There is the potential to add additional education facilities on Lot 2A if needed in the future. The proposed amendment to the PUD is to allow great flexibility in the placement of the buildings on the campus and in which buildings they may need in the future. Exhibit B I-70 I-70 17126 C-1 COVER SHEET D 1.06.18 ISSUED FOR TOWN SUBMITTAL REVIEW TOWN OF AVON, CO NO.ISSUEDEVELOPMENT PLAN AMENDMENT 2 BUCK CREEK PUD DEVELOPMENT STANDARDS 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 1000 1000 1000500 2000 GENERAL NOTES: 1. This PUD Development Plan contains the development standards and uses for the Buck Creek PUD Development Plan Amendment 2. Other uses and provisions of the Town of Avon Zoning Code not specifically addressed herein, or in the related agreements, shall apply to the Buck Creek PUD Development Plan Amendment 2. 2. The Town of Avon Development Code (Title 7) and the Avon Building Code (as amended from time to time) shall govern development within the Buck Creek PUD Development Plan Amendment 2. 3. Property owners within the PUD shall not have the right of refusal against future PUD amendments other than their existing rights as adjacent property owners. 4. Buck Creek PUD Development Plan Amendment 2 shall be allowed the following deviations from the Town of Avon Municipal Code Title 7 standards: a. AMC 7.28.040.f.ii(B) -Cul-de-Sacs Exemption to allow the maximum cul-de-sac length to be approximately 1,650 feet for Walking Mountains Lane, and to allow commercial uses as noted on the Buck Creek PUD Development Plan Amendment 2 as constructed. b. AMC 7.32.030 -Roadway Width Exemption to allow the roadway widths within the Buck Creek PUD Amendment 2, which shall be classified as local streets to be 20 feet along the entire length as constructed. The interior roads within Lot 2A will not be classified as roadways and will be classified as private driveways and therefore not subject to AMC roadway width requirements. c. AMC 7.32.030 (i) Streets -Grades Curves and Sight Distances Exemption is to allow the maximum roadway grade for Walking Mountains Lane, which is classified as a local urban street, to be 8.5% as constructed. d. AMC 7.28.020 Table 7.28-2 -Off-Street Parking Exemption is to reduce parking space requirements for Residential Housing Units / Employee Housing Units as follows: Units under 2500 SF 1 space Units over 2500 SF 1.5 spaces e. A Common Area Roadway Maintenance Agreement executed as part of the original Buck Creek PUD approval process shall remain in effect. The approval shall not be subject to conditions that are not similar in nature to other similar agreements approved by the Town, but shall contain language stipulating the maintenance responsibilities for all roadway, utility, and drainage infrastructure. Easements will be granted allowing the Town to maintain said infrastructure if the private maintenance is found to be inadequate and a cost recovery agreement for Town maintenance will be submitted along with the required easements. 5. Two buildings on Lot 3 shall be allowed to encroach into the stream setback as generally indicated on the development. This encroachment shall be only granted to buildings owned by the Walking Mountains Science Center and to serve to educate about riparian habitat and the natural environment. 6.Employee Housing Unit refers to housing used exclusively for persons employed in Eagle County. 7.Residential Housing Unit/Dwelling Unit: one (1) or more rooms and a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, duplex or multi-family dwelling or mixed-use building. 8. The Maximum Density within the Buck Creek PUD Amendment 2 is limited to 31 Dwelling Units in total across Lots 2A, 3 and 5. 9.Front setback for all lots is measured from Buck Creek Road Right of Way. The proposed major amendment to the PUD development plan addresses Buck Creek Filing 3, Lots 2A, 2B, 3 and 5. Lot 2A - Residential Housing and Education Facilities a.Intention - To provide site for educational facilities, governmental facilities, residential units and/or employee housing units supporting the Walking Mountains Science Center campus and mission. b. Allowed Uses - The following uses shall be allowed on Lot 2A: 1. Residential Dwelling Units 2.Employee Housing Units 3. Parking 4. Schools 5. Pedestrian paths, trails and outdoor classroom areas 6. Public assembly facilities 7. Museums and public education facilities c. Special Review Uses - None d.Development Standards: 1. Minimum lot size: one-half (.50) acre 2.Maximum building height: forty-five (45) feet 3. Minimum building setbacks: Front - twenty-five (25) feet Side - seven and one-half (7.5) feet Rear - ten (10) feet 4.Maximum site coverage: fifty (50%) percent 5. Minimum landscaped area: twenty-five (25%) percent 6. Maximum dwelling unit size: 2,700 gross floor area 7.Maximum density: See General Note 8.0 Lot 2B - Conservation Easement a.Intention - To preserve the open space in a Conservation Easement. b. Allowed Uses - As per Deed of Conservation Easement dated December 21, 2016 and the associated Management Plan 1. Passive public recreation and education 2. Two new public trails 3.Information kiosk 4.Interpretive and directional signage no larger than nine (9) sq ft 5. One or more outdoor open-air teaching areas 6. Maintain existing roads 7. Fences 8.Utility improvements including renewable energy generating systems Lot 3 - Natural Science Education Facility a.Intention - To provide sites for educational facilities, governmental facilities, and employee housing units supporting Walking Mountains Science Center's facilities. b. Allowed Uses - The following uses shall be allowed on Lot 3: 1. Schools 2.Employee Housing Units (EHU) 3.Residential housing units 4.Pedestrian paths and trails 5. Public assembly facilities 6. Museums and public educational facilities c. Special Review uses - None d. Development Standards: 1. Minimum lot size: one-quarter (.25) acre 2.Maximum building height: forty-five (45) feet 3. Minimum building setbacks: Front - twenty-five (25) feet Side - seven and one-half (7.5) feet Rear - ten (10) feet 4. Maximum site coverage: fifty (50%) percent 5. Minimum landscaped area: twenty-five (25%) percent 6. Maximum density: See General Note 8.0 Lot 5 - Early Childhood Educations, Day Care and Office a.Intention - To provide a site for early child care education and office space. b. Allowed Uses - The following uses shall be allowed on Lot 5: 1. Early childhood education facilities 2.Day care facilities 3. Professional office c. Special Review uses - None d.Development Standards: 1. Maximum building height: thirty (30) feet 2.Minimum building setbacks: Front - fifteen (15) feet Side - seven and one-half (7.5) feet Rear - ten (10) feet 3. Maximum site coverage: fifty (50%) percent 4.Minimum landscaped area: twenty-five (25%) percent 5. Maximum density: a. Office: 3,000 square feet max. b.Daycare: 2,800 square feet max. c. See General Note 8.0 Exhibit BExhibt A to Resolution 18-05 17126 C-2 LOTS 2A AND 2B TOWN OF AVON, CO NO.ISSUE1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 40 40 4020 80MATCH L INE ON SHEE T C - 3 LOT LINE WETLANDS AREA ISSUED FOR TOWN SUBMITTAL REVIEW DEVELOPMENT PLAN AMENDMENT 2 BUCK CREEK PUD D 1.06.18 Exhibit B 17126 C-3 LOTS 3 AND 5 TOWN OF AVON, CO NO.ISSUE1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 40 40 4020 80MA TCH L I N E ON SH E E T C - 2 PERMANENT IMPROVEMENTS OTHER THAN BUILDING ALLOWED IN REAR, SIDE AND FRONT SETBACKS WETLANDS AREA ISSUED FOR TOWN SUBMITTAL REVIEW DEVELOPMENT PLAN AMENDMENT 2 BUCK CREEK PUD D 1.06.18 Exhibit B Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 1 Staff Report – Minor PUD Amendment January 2, 2018 Planning & Zoning Commission Meeting File #PUD17003 Legal description Filing 3, Lot 2A, 2B, 3 and 5 Zoning PUD Address 168, 318, 262 Walking Mountains Lane Prepared By David McWilliams, Town Planner Introduction Stephanie Lord-Johnson with Berglund Architects (“the Applicant”), is requesting a Minor Planned Unit Development (PUD) Amendment (“The Application”) to amend the Buck Creek PUD for greater flexibility for future development on Filing 3 Lots 2A, 2B, and 3 to allow increased use types and building height. The original PUD, dated November 17, 2009 has resulted in the development pattern currently on the sites. The application envisions further development in support of Walking Mountains’ mission on the property. The changes are proposed to be flexible, thereby allowing for all of the expected development outcomes. The attached schematic development plan (Attachment C) shows the intent to construct employee units and parking on Lot 2A, public trailhead facilities on Lot 2B, and additional learning facilities on Lot 3. While preliminary, the plan shows educator housing and parking on Lot 2A, sites a Montessori school on Lot 5, and shows an additional building (the Center for Sustainability) on Lot 3. The initial PUD allocated Lot 2 for townhouses. In 2016 Lot 2 was resubdivided to form 2A and 2B. Lot 2B was placed under a conservation easement at that time. Now, the application proposes more approved uses on Lot 2A including residential housing units (now for persons employed in Eagle County), schools, parking, pedestrian paths, public assembly spaces, and museums or educational facilities. The development standards are amended for building height of 45’ (from 42’), no maximum dwelling unit size (formerly 2,700 s.f. gross floor area), no limit on number of dwelling units (formerly 31 on Lot 2) or number per building (formerly 3 per building on Lot 2). The amendment also affirms the Lot 2B conservation easement in the PUD. Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 2 Lot 3, where the majority of development currently sits, is proposed to allow residential housing units (for persons employed in Eagle County) and have a maximum building height of 45’ (from 38’). A summary table of the proposed changes from the current is below: Buck Creek Development Standards 2A 2B 3 5 Allowed Current Uses Residential Dwelling Units Residential Dwelling Units 1) Schools; 2) Employee Housing Units; 3) Pedestrian paths and trails; 4) Public assembly facilities; 5) Museums and public educational facilities 1) Early childhood education facilities; 2) Day care facilities; 3) Professional office Proposed Uses 1) Residential Dwelling Units; Employee Housing Units; Parking; Schools; Pedestrian Paths; Public Assembly Facilities Conservation Easement 1) Schools; 2) Employee Housing Units; 3) Residential housing units; 4) Pedestrian paths and trails; 5) Public assembly facilities; 6) Museums and public educational facilities 1) Early childhood education facilities; 2) Day care facilities; 3) Professional office Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 3 Current Development Standards 1) Maximum building height: 42'; 3) Minimum building setbacks: Front - 25' Side - 7.5' Rear - 10'; 4) Maximum site coverage: 50% 5) Minimum landscaped area: 25%; 6) Maximum dwelling unit size: 2,700 gross floor area; 7) Maximum density: 31 dwelling units; Building Configuration: No more than 3 dwelling units per building 1) Maximum building height: 42'; 3) Minimum building setbacks: Front - 25' Side - 7.5' Rear - 10'; 4) Maximum site coverage: 50% 5) Minimum landscaped area: 25%; 6) Maximum dwelling unit size: 2,700 gross floor area; 7) Maximum density: 31 dwelling units; Building Configuration: No more than 3 dwelling units per building 1) Maximum building height: 38'; 3) Minimum building setbacks: Front - 25' Side - 7.5' Rear - 10'; 4) Maximum site coverage: 50% 5) Minimum landscaped area: 25% 1) Maximum building height: 30'; 3) Minimum building setbacks: Front - 15' Side - 7.5' Rear - 10'; 4) Maximum site coverage: 50% 5) Minimum landscaped area: 25%; Maximum Density: Office: 3,000 SF Daycare: 2,800 SF Proposed Development Standards 1) Minimum lot size: .50 acre; 2) Maximum building height: 45'; 3) Minimum building setbacks: Front - 25' Side - 7.5' Rear - 10'; 4) Maximum site coverage: 50% 5) Minimum landscaped area: 25%; 6) Maximum dwelling unit size: 2,700 gross floor area; 7) Maximum density: NA 1) Passive public recreation and education; 2) Two new public trails; 3) Information kiosk; 4) Interpretive and directional signage no larger than nine 9 sf; 5) One or more outdoor open-air teaching areas; 6) Maintain existing roads; 7) Fences; 8) Utility improvements including renewable energy generating systems 1) Minimum lot size: one-quarter (.25) acre; 2) Maximum building height: 45'; 3) Minimum building setbacks: Front - 25' Side - 7.5' Rear - 10'; 4) Maximum site coverage: 50%; 5) Minimum landscaped area: 25%; 6) Maximum density: NA 1) Maximum building height: 30’; 2) Minimum building setbacks: Front- 15’ Side - 7.5’ Rear – 10’; 3) Maximum site coverage: 50%; 4) Maximum density: Office: 3,000 SF Daycare: 2,800 SF Parking The original PUD proposed parking minimums based on the proposed uses at the time. Employee, resident, and visitor spaces were allocated according to the principal uses on the sites. Now, with a better understanding of operations and a potential site plan, the PUD amendment proposes more general parking standards for each use and not each site. The PUD follows Town standards for educational and assembly parking, and proposes cuts to residential parking standards. Parking reductions that deviate from AMC are illustrated in the table below. Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 4 Parking Standards Town Standards Original Standards Amended Proposal Dwelling, Single-Family, Duplex 2 per unit; 3 per unit for units over 2,500 sf 4 / unit 1/ unit; 1.5/ unit for units over 2,500 sf Multi-Family Studio/ Lockoff/ Accommodation unit 1/ unit .5 /unit on lot 3 1/ unit; 1.5/unit for units over 2,500 sf 1 bedroom/ DU over 2,500 sf 2/ unit 1/ unit; 1.5/ unit for units over 2,500 sf Guest Parking for Multi-Family 3-5 units - 2 spaces 3-5 units – 2 spaces 5-10 units - 3 spaces 5-10 units – 3 spaces 11-15 units - 4 spaces 11-15 units – 4 spaces 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. While there are different proposed uses across the sites, the density and design standards are not proposed to change dramatically. 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 January 2, 2018 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 January 9, 2018. Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 5 Staff Analysis Additional Uses Staff Review: The proposed use changes generally add already-approved uses to additional areas of the PUD. This added flexibility does not adversely impact the area and aligns with the currently permitted uses. Because the sites are largely isolated and self-contained from the rest of town, the risk of impacts to the community at large from the changes is mitigated. Furthermore, the sites have limited developable area and whatever uses are built, the scale will be relatively small. Height Increase and other Development Standard Changes Staff Review: Lot 2A and 3 are currently allowed 42 and 38 foot buildings, respectively. The change to 45 feet for both lots is not anticipated to create substantial impacts, but should be a factor requiring further attention during the design process. The landscape of the developable areas is such that the current building tops on Lot 3 are below grade with Buck Creek Road and are minimally visually impactful. Future development on Lot 2A will require scrutiny to fully integrate with the site, and a 3 foot height increase is not anticipated to substantially change the impact. Other proposed changes to the development standards eliminate the density maximum for Lot 2A. While the application proposes greater flexibility in uses, the site is limited in land area. The lot is 2.25 acres and has utility and access easements, a river setback, and an irregular shape. The flexibility provided by the PUD amendment seems appropriate given these constraints. While still conceptual, a potential build-out includes 6 dwelling units in this area. (attachment C) Parking Given the current uses, layout, and isolation of the PUD, the parking reductions are not anticipated to substantially impact the community at large. The mixed-use nature of the sites is conducive to the reductions, and the shared vision between the uses assuages the potential for unmitigated problems. That is, the sites can be carefully programmed to ensure they will not become under-parked during busy times. Current parking for special events within the PUD have utilized on-street overflow parking as another way to manage ebb and flow of parking demand. Furthermore, agreements between other neighbors with parking assets could be used to offset any future issues. 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 proposed changes are located on sites that serve a unique role in the community. The changes provide needed flexibility for future expansion that could not be accomplished with strict adherence to development standards. The amendment includes enhanced housing choices and greater interaction with the natural environment. Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 6 (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 eligibility criteria outlined in §7.16.060(b) are not applicable to this Application as it is already zoned PUD and this is an amendment thereto. This includes the provision of compensatory public benefits. The proposed PUD amendment location is within District 6: Gulch Area District of the Comprehensive Plan. The district’s planning principals mostly relate to mitigating intense uses and their screening. The full list of principals is included below, with bolded principals relating specifically to this application. • Development and redevelopment that occurs here should reflect the standards in Town Center, but should not compete with Town Center in terms of size of buildings or intensity of development. • Screen equipment, storage, and accessory uses with landforms and landscaping. • Limit building heights and setbacks to be compatible with the existing surrounding development. • Encourage building at a scale that minimizes visibility from I-70. • Encourage sidewalks and pedestrian connections. • Limit auto access points to simplify traffic movements. • Minimize significant re-grading and provide for proper on-site parking and access. • Require landscape setbacks and internal landscaping of parking lots. • Preserve trees and landscaping on properties. • Accommodate residential development that supports primary industrial or employment land uses. • Improve the intersection of Metcalf and Nottingham Roads to enhance the entry to Wildridge and provide more direct access from Town Center to Wildridge. • Develop a pedestrian connection linking West Beaver Creek Boulevard to Nottingham Road. • Coordinate with CDOT to introduce trees on uphill slopes in the I-70 right-of-way and along Metcalf Road to partially screen buildings and other accessory uses. • Enhance the West Avon Preserve trailhead. • Reduce development intensity when traveling north on Buck Creek Road. Additional Goals and Policies from the Comprehensive Plan that this application is consistent with include the following: Goal A.1: Promote a compact community form. Policy A.2.2: Encourage cluster style development in areas of less density to promote environmentally and aesthetically sensitive site design. Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 7 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.1.1: Include sufficient land for public uses such as schools, recreation, community facilities, and government services. Policy B.2.2: Promote a wide range of residential uses throughout the Town. Goal B.3: Use mixed-use development to create a more balanced, sustainable system of land uses. Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Goal C.3: Enhance existing cultural and heritage facilities, events, and programs that strengthen Avon’s community character and image. Policy D.3.2: Capitalize on recreational and cultural assets and heritage. Facilitate the creation of new cultural and recreational attractions. 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.1.4: Integrate attainable housing within large developments and throughout Town. Policy G.1.4: Minimize and mitigate potential development impacts to wildlife and watersheds. Policy G.2.1: Identify and avoid development in environmentally sensitive areas or steep hillsides. The Amendment complies with comprehensive plan by integrating local worker housing, offering flexibility in development patterns, integrating essential uses that differentiate, and strengthen Avon’s community appeal and year-round viability. (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. (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: The proposed Application will not result in any “significant” adverse impacts upon the natural environment, compared to the underlying zoning. Exhibit C January 2, 2018 PZC Meeting – Buck Creek Minor PUD Amendment 8 (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: As a relatively isolated PUD, the increase in height and the relaxing of use regulations are anticipated to have no significant impacts on other nearby properties. (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: As the last parcels to develop in the Buck Creek PUD, Lots 2A and 5 will certainly reshape the area, but will not overshadow other development in the area. The potential scale of the new development is compatible with nearby properties. 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. Recommended Motion “I move to recommend conditional approval of Case #PUD17003, an application for a Minor PUD Amendment for the Buck Creek PUD, with the findings and conditions as recommended by Staff.” 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 Buck Creek PUD. 3. The Application complies with the Avon Comprehensive Plan goals and policies as outlined in staff’s report dated January 2, 2018. 4. 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 should PZC make a favorable recommendation to Council: 1. Any units designated as Employee Residential Units will be permanently deed restricted to Eagle County employees by form approved by Town of Avon. Attachments a) Buck Creek PUD Amended Development Plan b) Buck Creek PUD Narrative c) Conceptual PUD Build-out Exhibit C TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Liz Wood, Communications Manager Preston Neill, Deputy Town Manager Date: January 23, 2018 Topic: ACTION ON 40TH ANNIVERSARY CELEBRATION PROGRAM AND FUNDING ACTION BEFORE COUNCIL Council is asked to take action on the proposed program and funding for the Town of Avon’s 40th Anniversary Celebration. RECOMMENDED MOTION “I move to approve the program and funding for the 40th Anniversary Celebration [with modifications or as presented], with funding appropriated from the 2018 General Fund Contingency in the amount of $15,372.00.” SUMMARY The Town of Avon was incorporated on February 24, 1978 and is turning 40 years in 2018. To commemorate this milestone, staff has outlined a program that will recognize Avon’s 40th year with events and special offers throughout 2018. Staff is requesting support and approval from Council for the events and commemoratives detailed in Attachment 1. Action is requested at Tuesday’s meeting in order to allow sufficient time for staff to successfully launch this program, particularly the items associated with the February Freezer & Polar Plunge event on February 24, 2018. STAFF RECOMMENDATION Town staff supports the proposed program and budget as the Town’s 40th birthday offers an opportunity for us to celebrate Avon’s vibrant history and promising future. FINANCIAL IMPLICATIONS There is currently $181,000 remaining in the 2018 General Fund Contingency line item. At the January 9, 2018 Council meeting, Council appropriated $18,000 from the Contingency for the Avon Playhouse Project, as well as an additional $1,000 for the Recycling Event at Walking Mountains Science Center on January 13, 2018. ATTACHMENT Attachment 1 – Town of Avon 40th Anniversary Celebration Proposed Budget EVENTS February 24 - Date of Incorporation February 13 - Council Proclamation $0.00 February Freezer & Polar Plunge Event funded - Cake $200.00 - Decorations $200.00 - Additional funding for 20 x 40 tent - Event Terrace $1,000.00 TOTAL FEBRUARY 24 $1,400.00 Community Picnic - Avon LIVE! Evening (July 18, 25 or August 1) - Free Picnic (400 x $12)$4,800.00 - Decorations $200.00 - Play songs from the 1978 era No out-of-pocket costs TOTAL COMMUNITY PICNIC $5,000.00 COMMEMORATIVES/MARKETING Commerative Event Tumblers (Steel/Branded) - Avon Events Underwrite (2,000 x $2)$4,000.00 Commerative Pins (2,000)$1,820.00 Creative for Light Pole Banners $300.00 Light Pole Banners (20 x $106)$2,120.00 Vail Weekly ads/Branded Formats Event ads Incorporate 40th Anniversary theme for Town ad templates Accounted for in Marketing Budget Incorporate 40th Anniversary theme for Salute to the USA event Accounted for in Salute Budget On February 24, starting at noon, the Rec Center will offer a 40% discount on 40 25-punch Rec Center punch passes ($93 each). The limit will be one pass per person and it will be first come, first serve. No out-of-pocket costs Presss releases No out-of-pocket costs TOTAL COMMEMORATIVES $8,240.00 SUB-TOTAL 40TH CELEBRATION BUDGET $14,640.00 5% Contingency $732.00 TOTAL 40TH CELEBRATION BUDGET $15,372.00 TOWN OF AVON 40th ANNIVERSARY CELEBRATION PROPOSED BUDGET 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 RE: Waiver and Release of Conservation Easement for Lot 90, Mountain Star DATE: January 18, 2018 SUMMARY: Attached is Resolution No. 18-06 Approving a Waiver and Release of Conservation Easement for Lot 90, Mountain Star. The Town worked with Mountain Star to amend the Conservation Easement in 2009 to exclude property owned by the Town in the Swift Gulch location. For reasons that are not understood, the original Conservation Easement included several residential lots in Mountain Star. The 2009 amendment was signed by the Mountain Star Association, as the owner of the open space tracts where the Conservation Easement and its protections are intended. The residential lot owners did not execute the Conservation Easement in 2009. In 2013, the owner of Lot 89 requested a Waiver and Release of the Conservation Easement, which the Town approved. The owner of Lot 90 has requested the Town approve a similar Waiver and Release. This Waiver and Release for Lot 90 is the same form as the Waiver and Release that Town Council approved for Lot 89. The TOA Conservation Easement (Mountain Star Property) area is shown below. Lot 90 is situated immediately to the north and outside of the Conservation Easement area, as indicated below. RECOMMENDATION: I recommend approving this Waiver and Release. It does not affect in any way the Conservation Easement on the Mountain Star open space tracts, it corrects a past error, and it removes a title defect and restrict on a residential lot previously approved by the Town. PROPOSED MOTION: “I move to approve Resolution No. 18-06 Approving a Waiver and Release of Conservation Easement.” Thank you, Eric ATTACHMENT A: Resolution No. 18-06 M EMORANDUM & PLANNING, LLC Lot 90 Outside Conservation Easement Area RESOLUTION NO. 18-06 APPROVING A WAIVER AND RELEASE OF CONSERVATION EASEMENT FOR LOT 90, MOUNTAIN STAR SUBDIVISION WHEREAS, the Avon Town Council has determined that the Conservation Easement granted to the Town on the Mountain Star subdivision erroneously contained Lot 90, which was platted for residential development; and, WHEREAS, the Town Council finds that approval of the attached Waiver and Release of Conservation Easement will promote the health, safety, prosperity, convenience and general welfare of the Avon community by correcting an erroneous restriction on private property intended for residential development. NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the Waiver and Release of Conservation Easement attached hereto as Exhibit A and further authorizes the Mayor and Mayor Pro-Tem to execute such Waiver and Release and to take such other action as appropriate to effectuate the purpose of this Resolution. ADOPTED January 23, 2018 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ATTACHMENT A: RES. NO. 18-06 WAIVER AND RELEASE OF CONSERVATION EASEMENT THIS WAIVER AND RELEASE OF CONSERVATION EASEMENT (“Waiver”) is entered into on January 23, 2018 by and between the Town of Avon, a Colorado home rule municipality (“Town”) and Stephen D. Johnson (“Owner”). WITNESSETH: WHEREAS, Mountain Star Limited Liability Company, a Wyoming limited liability company and Town previously entered into a Deed of Conservation Easement, dated February 25, 1994, and recorded in the Office of the Eagle County Clerk and Recorder, Colorado, at Reception Number 532340 and then re-recorded at Reception Number 552874, (“1994 Conservation Easement”) which created certain restrictions on development within the property subject to the 1994 Conservation Easement; and, WHEREAS, the 1994 Conservation Easement stated in Paragraph 3. Permitted Uses and Practices, that the following uses are permitted under this easement, sub-paragraph c. “To develop residential homesites and related utility lines, roads and associated structures within the area identified as “development area” on Exhibit “B”, provided, however, that Grantor shall first mitigate the impact of the development on Harrington penstemon habitat either by avoiding impacts, collecting seeds and distributing them in appropriate habitat, and/or by relocating plants potentially impacted into suitable habitat as approved by Grantee.” and, WHEREAS, the Town approved the Final Plat Mountain Star Filing No. 2, Town of Avon, Eagle County, Colorado, as recorded in the Office of the Eagle County Clerk and Recorder, Colorado on May 4, 1994, at Reception Number 535537, which created “Lot 90” as a residential lot intended to be sold and developed for residential use in accordance with the Mountain Star Planned Unit Development Plan, and which Lot 90 appears to be located in the area described in Exhibit B of the 1994 Conservation Easement as “development area”; and, WHEREAS, Town and Mountain Star Association, a Colorado non-profit corporation, as successor in interest of Mountain Star Limited Liability Company with regard to the 1994 Conservation Easement, entered into a Deed of Conservation Easement dated January 12, 2010, and recorded in the Office of the Eagle County Clerk and Recorder, Colorado, at Reception Number 201019357 (“2010 Conservation Easement”); and, WHEREAS, the 2010 Conservation Easement does not contain language similar to the language in paragraph 3.c. of the 1994 Conservation Easement addressing residential development as a permitted use; and WHEREAS, Town agreed to terminate and extinguish the 1994 Conservation Easement in the 2010 Conservation Easement; and WHEREAS, the Owner, as owner of Lot 90, did not sign the 2010 Conservation Easement; and, EXHIBIT A: WAIVER AND RELEASE WHEREAS, the Town acknowledges that the intent of the 2010 Conservation Easement was not to restrict residential development of Lot 90, but rather to exclude Tract Y and Tract AA from the 1994 Conservation Easement; and, WHEREAS, the Town and Owner desire to clarify any legal ambiguity concerning the applicability, rights and restrictions of the Town and Owner concerning the 1994 Conservation Easement and the 2010 Conservation Easement. NOW THEREFORE, Town and Owner agree as follows: 1. Mutual Waiver and Release. Town agrees that any rights and/or restrictions of Town concerning Lot 90, Mountain Star Filing No. 2, Town of Avon, Colorado, as set forth the 1994 Conservation Easement and 2010 Conservation Easement are hereby forever waived and released. Owner agrees that any rights and/or restrictions of Owner arising from either the 1994 Conservation Easement or 2010 Conservation Easement are hereby forever waived and released. Owner and Town agree that the 1994 Conservation Easement is terminated and extinguished and that the 2010 Conservation Easement shall be interpreted and applied to exclude Lot 90 from the Easement Area as such term is defined in the 2010 Conservation Easement and to exclude Owner as a party to the 2010 Conservation Easement and to otherwise exclude Lot 90 from any restrictions or prohibitions set forth in the 2010 Conservation Easement. 2. Successors and Assigns. This Waiver shall apply to successors, assigns and heirs of Town and Owner. 3. Legal Advice. Each party acknowledges that they have been advised to seek legal advice. 4. Recording. This Waiver may be recorded by either party in the Eagle County Clerk and Recorder’s Office. 5. Counterparts. This Waiver may be executed in counterparts, each of which shall be an original but all of which when taken together shall constitute one instrument. Facsimile or electronically transmitted signatures on this Waiver shall be accepted by the parties as originals for all purposes. [signature pages follow] EXHIBIT A: WAIVER AND RELEASE Town of Avon, Colorado By: ____________________________________ ___________________ Virginia Egger, Manager Date Approved Attest:_______________________________ as to form:________________________ Debbie Hoppe, Town Clerk Eric Heil, Town Attorney STATE OF COLORADO } } ss COUNTY OF EAGLE } The foregoing instrument was acknowledged before me this ______ day of _____________________, 2018 by Virginia Egger as Manager and Debbie Hoppe as Town Clerk of the Town of Avon, Colorado. My commission expires: __________ Witness my hand and official seal. ____________________________________ Notary Public EXHIBIT A: WAIVER AND RELEASE OWNER OF LOT 90: __________________________________________ ___________________ Stephen D. Johnson Date STATE OF _____________ } } ss COUNTY OF ___________ } The foregoing instrument was acknowledged before me this ___ day of______________, 2018 by Stephen D. Johnson. My commission expires: __________ Witness my hand and official seal. ____________________________________ Notary Public EXHIBIT A: WAIVER AND RELEASE TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Project Engineer Date: January 23, 2018 Topic: RESOLUTION 18-04 APPROVING EASEMENTS FOR THE BEAVER CREEK BLVD STREETSCAPE PROJECT ACTION BEFORE COUNCIL Resolution 18-04, Approving Easements for the Beaver Creek Blvd Streetscape Project is presented on the Town Council consent agenda. PROPOSED MOTION “I move to approve Resolution No. 18-04, Approving Easements Related to the Beaver Creek Blvd Streetscape Project.” DISCUSSION The 2018 Capital Projects Fund budget includes the Beaver Creek Blvd Streetscape Project which will improve the walkability and bicycle safety from Lake Street to Beaver Creek Place. The project requires temporary construction easements along the length of the project and permanent easements for utility and fiber optic lines, irrigation system and streetlights. Staff has been negotiating with property owners for several months and the easements for the following properties are ready for approval: 10 West Beaver Creek Blvd. - Alpine Bank 11 West Beaver Creek Blvd. - FirstBank 100 West Beaver Creek Blvd. - Lodge at Avon Center 130B West Beaver Creek Blvd. - Lot B hotel site The Town Attorney has reviewed the finalized Temporary Construction Easement Agreements and Deeds of Easement for permanent easements for the properties listed above. Negotiations for easements for the following properties remain in progress: 160 West Beaver Creek Blvd. - Sheraton Mountain Vista 161 West Beaver Creek Blvd. – Comfort Inn 111 West Beaver Creek Blvd. – United States Postal Office 47 East Beaver Creek Blvd – Christy Lodge Revision requests are accommodated to the extent possible while maintaining consistency in the easement terms and rejecting terms that create unacceptable liability or risk for the Town  Page 2 such as special maintenance obligations or additional future review requirements. The final form of easements from some property owners have not been approved as of the date of this memo, therefore, the Town Attorney is requesting that the Town Attorney and Town Manager be authorized to negotiate, revise, and approve easement terms as appropriate to streamline the easement acquisition process for this project. STAFF RECOMMENDATION Approve Resolution No. 18-04 to facilitate construction of the Beaver Creek Blvd Streetscape Project in 2018. ATTACHMENT Resolution No. 18-04 RESOLUTION NO. 18-04 APPROVING EASEMENTS FOR THE BEAVER CREEK BOULEVARD STREETSCAPE PROJECT WHEREAS, the Avon Town Council has determined that the construction of improvements on Beaver Creek Boulevard will improve the public safety, function of Beaver Creek Boulevard, will improve the appearance of Beaver Creek Boulevard, and will promote the goals of the Avon Comprehensive Plan; WHEREAS, the construction project will require a permanent easement and certain temporary construction easements and Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31- 15-101(1)(d) provides that municipalities may acquire and hold real property; and WHEREAS, the Town Council finds that approval of the attached easements and authorization to negotiate, revise and finalize any temporary or permanent easements required for the Beaver Creek Boulevard Streetscape Project will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of such Project. NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows: 1. The form of the Temporary Construction Easement Agreements and Deed of Easements which are attached to this Resolution as Exhibit A are approved and the Mayor and Mayor-Pro Tem are authorized to execute such easements. 2. The Avon Town Council hereby authorizes the Town Manager and Town Attorney to negotiate, revise and finalize any temporary or permanent easements required for the Beaver Creek Boulevard Streetscape Project. 3. The Mayor and Mayor-Pro Tem are authorized to execute any such revised and/or additional easements for the Beaver Creek Boulevard Streetscape Project which are reviewed and approved by the Town Attorney and Town Manager. ADOPTED January 23, 2018 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk EXHIBIT A: EASEMENTS FOR BEAVER CREEK BOULEVARD STREETSCAPE PROJECT 10 West Beaver Creek Boulevard Alpine Bank 11 West Beaver Creek Boulevard FirstBank 47 East Beaver Creek Boulevard Christie Lodge 100 West Beaver Creek Boulevard Avon Center 111 West Beaver Creek Boulevard U.S. Post Office 130B West Beaver Creek Boulevard Lot B 160 West Beaver Creek Boulevard Sheraton Mountain Vista 161 West Beaver Creek Boulevard Comfort Inn Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 10 West Beaver Creek Boulevard Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Alpine Avon Building Company, LLC, a Colorado Limited Liability Company, (“Grantor”), whose address is 10 West Beaver Creek Blvd, Avon, CO, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of constructing the Beaver Creek Blvd Streetscape Project including pedestrian and landscaping over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lot 55, Block 2, Benchmark at Beaver Creek Subdivision, County of Eagle, State of Colorado, Avon, Colorado (“Property”). Grantor grants to the Town a temporary construction easement for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easement shall begin on March 1, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this Easement Agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor and Alpine Bank, a Colorado banking corporation (“Alpine Bank”) harmless against any claims or liabilities Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 2 of 4 related to the Town’s activities and the acts and omissions of its contractors on the Property pursuant to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscacpe Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name Alpine Avon Building Company, LLC, and Alpine Bank, as additional insureds. The Town shall deliver the certificate of insurance naming Alpine Avon Building Company, LLC, and Alpine Bank as additional insureds prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; or (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable. Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 3 of 4 Grantor: Alpine Avon Building Company, LLC Attn: Brian Nestor P.O. Box 7330 Avon, CO 81620 Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. In the event of any dispute resulting in litigation hereunder, the prevailing party shall be entitled to recover all costs and expenses reasonably incurred by it in connection with the enforcement of this Easement Agreement, including reasonable attorneys’ fees and costs in connection therewith. This provision shall survive termination of this Easement. 11. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 12. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated Temporary Construction Easement Agreement 10 West Beaver Creek Boulevard, Avon, CO Page 4 of 4 into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 13. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. ALPINE AVON BUILDING COMPANY, LLC By:____________________________________ Date: _____________ J. Robert Young, Manager STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2017, by J. Robert Young, Manager of Alpine Avon Building Company, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 1 of 7 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 11 West Beaver Creek Boulevard, Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: FirstBank, a Colorado corporation, (“Grantor”), whose address is 11 West Beaver Creek Blvd, Avon, CO, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of constructing the Beaver Creek Blvd Streetscape Project including pedestrian and landscaping over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lots 3 and 5, Final Plat, First Amendment to the Sun Road Subdivision recorded January 28, 1992 in Book 571 at Page 579, County of Eagle, State of Colorado, Avon, Colorado (“Property”). Grantor grants to the Town a temporary construction easement as legally described and depicted in Exhibit A attached hereto and incorporated herein (the “Easement”), for the purpose of constructing the improvements depicted in Exhibit B attached hereto and incorporated herein. The term of this temporary construction easement shall begin on March 1, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit B. 3. To the extent permitted by law, the Town indemnifies, defends and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 2 of 7 to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder and shall permit Grantor to pursue all of its rights and remedies under this Easement Agreement, at law, or equity, including without limitation (and after providing written notice to the Town with a three (3) business day period to remove the Liens) correcting or eliminating such Liens, after which the Town shall promptly reimburse Grantor for the reasonable and actual cost thereof. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. The Town shall be responsible for promptly repairing any damage to improvements on the Grantor’s Property (to the same condition which existed prior to such damage) both with and outside of the Easement area that occur in connection with or as a result of the Town performing construction under this Easement Agreement. 6. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the Construction Plans attached hereto as Exhibit C and incorporated herein. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 7. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name FirstBank, as an additional insured. The Town shall deliver the certificate of insurance naming FirstBank as an additional insured prior to its use of the Property. 8. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 3 of 7 below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the day such notice is delivered to the recipient per the delivery service company’s records. Grantor: FirstBank Attn: Adina Dean 11 West Beaver Creek Boulevard Avon, CO 81620 With a copy to: FirstBank Attn: Adam Snyder 12345 West Colfax Avenue Lakewood, CO 80215 Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 9. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 10. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 11. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 4 of 7 12. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 13. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. FIRSTBANK, a Colorado corporation By:___________________________________________ Date: ____________ Adam Snyder, its Senior Vice President of Real Estate STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by Adam Snyder, as Senior Vice President of Real Estate of FirstBank, a Colorado corporation. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 5 of 7 Exhibit A To Temporary Construction Easement Agreement Legal Description and Depiction of Easement Area Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 6 of 7 Exhibit B To Temporary Construction Easement Agreement Depiction of Improvements Temporary Construction Easement Agreement 11 West Beaver Creek Blvd., Avon, CO Page 7 of 7 Exhibit C To Temporary Construction Easement Agreement Construction Plans Deed of Easement 11 West Beaver Creek Blvd., Avon, CO Page 1 of 5 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk DEED OF EASEMENT 11 West Beaver Creek Boulevard Avon, Colorado THIS DEED OF EASEMENT (“Easement Deed”) is made this _____ day of _______, 2018 between FirstBank, a Colorado corporation (“Owner”), whose address is 11 West Beaver Creek Blvd, Avon, Colorado 81620, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual utility easement (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, utilities and streetlights, including all underground, surface and appurtenances thereto, along, and in all of the hereinafter described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such lands and easement area being described more fully on EXHIBIT A attached hereto and by this reference made a part hereof. 2. The Owner further grants to the Town: (a) The right from time to time to maintain, repair, improve, and replace any improvements, or other structures constructed hereunder with any other number or type of utility facilities, either in the original location or at any alternate location or locations within the Easement; provided that such maintenance, repair and replacement as aforesaid shall not interfere with any reasonable use Owner shall make of the Easement; (b) the right to grant licenses and franchises to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility providers in other Town right-of-ways; and (c) the right to mark the location of the Easement by pins set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Owner shall make of the Easement. The Easement shall not be used by the Town for the installation or construction of any roads, driveways or sidewalks. Deed of Easement 11 West Beaver Creek Blvd., Avon, CO Page 2 of 5 3. Owner reserves the right to use the Easement area for purposes which will not interfere with Town’s full enjoyment of the rights hereby granted, including without limitation that Owner may (i) use the Easement for surface level roadways, driveways, sidewalks, landscaping and depositing snow shoveled from Owner’s parking areas as Owner shall determine in its sole discretion, and (ii) redevelop Owner’s property from time to time as Owner so desires in accordance with applicable regulations, noting that as part of any such redevelopment, Owner shall have the right to relocate certain above-ground improvements then existing as part of this Easement Deed, in a reasonable manner and at Owner’s sole cost of relocation. The parties further agree that the Owner’s use of the Easement area shall be subject to the following restrictions and conditions: (a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) In the event the terms of Paragraphs 3(a) or (b) above are violated by the Owner or by any person in privy with it, such violation shall be corrected and eliminated promptly upon receipt of notice from Town, and, in the alternative, Town shall have the right, after providing written notice to Owner and a reasonable opportunity to cure the violation, to correct and eliminate such violation, and the Owner, or its successors and assigns, shall promptly pay the reasonable and actual cost thereof. (d) Owner agrees to defend and hold harmless the Town for any damages or claims arising from Owner’s activities within the Easement area that are not caused by the Town’s use of the Easement. 4. Town agrees that plans for construction of any improvements within the area of the Easement will be provided to Owner prior to commencement of construction, and notwithstanding the terms of Section 2 above, Owner shall have the right to approve the location of any above- ground improvements in order to work in conjunction with Owner’s use of and future redevelopment of Owner’s property. Town shall confirm that its uses of the Easement shall not interfere or violate the terms of any easements or documents of record existing as of the date of this Easement Deed. Town agrees to defend and hold Owner harmless from any damages caused by negligent acts of the Town during construction, operation and maintenance improvements, and for any damages or claims arising from Town’s activities or construction within the Easement area. Except as otherwise provided herein, nothing in this Easement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or Deed of Easement 11 West Beaver Creek Blvd., Avon, CO Page 3 of 5 agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement area. 5. The Town shall be responsible for promptly repairing any damage to improvements on the Owner’s property (to the same condition which existed prior to such damage) both within and outside of the Easement area that occur in connection with or as a result of the Town exercising its rights under this Easement Deed. 6. Town agrees that the area within the Easement remains part of the Owner’s property and as a result, the area within the Easement will count and apply toward any setback measurements or requirements pertaining to existing or future construction or development of the Owner’s property. 7. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement area or the balance of Owner’s property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Deed, at law, or equity, including without limitation (and after providing written notice to the Town with a three (3) business day period to remove the Liens) correcting or eliminating such Liens, after which the Town shall promptly reimburse Owner for the reasonable and actual cost thereof. 8. The Town shall insure the Easement area and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 9. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 10. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its successors and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement area. Owner further agrees that Deed of Easement 11 West Beaver Creek Blvd., Avon, CO Page 4 of 5 Owner shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Town, its successors and assigns, against all and every person or persons lawfully claiming by and through Owner. 11. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. FIRSTBANK, a Colorado corporation By:_______________________________ Adam Snyder, its Senior Vice President of Real Estate STATE OF __________________________ } } ss. COUNTY OF ______________________ } Subscribed and sworn to before me this _______ day of ___________, 2018, by Adam Snyder, as Senior Vice President of Real Estate of FirstBank, a Colorado corporation. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public Deed of Easement 11 West Beaver Creek Blvd., Avon, CO Page 5 of 5 TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of __________, 2018, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public Temporary Construction Easement Agreement East Beaver Creek Boulevard Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: Christie Lodge Association, LTD. (“Grantor”), whose address is 47 East Beaver Creek Blvd, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of Constructing street, pedestrian and landscaping improvements over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lot 25, Block 2, Benchmark at Beaver Creek (“Property”). Grantor grants to the Town a temporary construction easement for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easements shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, Temporary Construction Easement Agreement East Beaver Creek Boulevard Page 2 of 4 surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name Christie Lodge Association LTD, as an additional insured. The Town shall deliver the certificate of insurance naming Christie Lodge Association LTD as an additional insured prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Temporary Construction Easement Agreement East Beaver Creek Boulevard Page 3 of 4 Grantor: Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. [Execution Page Follows] Temporary Construction Easement Agreement East Beaver Creek Boulevard Page 4 of 4 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. By:____________________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Deed of Easement 47 East Beaver Creek Blvd., Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk DEED OF EASEMENT 47 East Beaver Creek Boulevard Avon, Colorado THIS DEED OF EASEMENT (“Easement Deed”) is made this _____ day of _______, 2018 between Christie Lodge Association, LTD (“Owner”), whose address is 47 East Beaver Creek Blvd, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual easement and right-of-way (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, public roadway improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access on, along, and in all of the hereinafter described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such lands and easement area being described more fully on EXHIBIT A attached hereto and by this reference made a part hereof. 2. The Owner further grants to the Town: (a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in the original location or at any alternate location or locations within the Easement; provided that such enlargement, improvement, reconstruction, relocation and replacement as aforesaid shall not interfere with any reasonable use Owner shall make of the Easement; (b) the right to grant licenses and franchises to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility provides in other Town right-of-ways; (c) the right to conduct all activities within the Easement area which a municipality may lawfully conduct within public right-of-ways, including but not limited to enforcement of Deed of Easement 47 East Beaver Creek Blvd., Avon, CO Page 2 of 4 municipal traffic code and parking code provisions and application of street access standards; and, (d) the right to mark the location of the Easement by suitable markers set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Owner shall make of the Easement. 3. Owner reserves the right to use the Easement area for purposes which will not interfere with Town’s full enjoyment of the rights hereby granted upon written request to the Town. The parties further agree that the Owner’s use of the Easement area shall be subject to the following restrictions and conditions: (a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent or temporary structure which interferes with the movement of pedestrian, non-motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement area in which the Town may use right-of-ways generally. (d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or by any person in privy with it, such violation shall be corrected and eliminated immediately upon receipt of notice from Town, and, in the alternative, Town shall have the right to correct and eliminate such violation, and the Owner, or its successors and assigns, shall promptly pay the reasonable and actual cost thereof. (e) Owner agrees to defend and hold harmless the Town for any damages or claims arising from Owner’s activities within the Easement area. 4. Town agrees that plans for construction of any improvements within the area of the Easement will be provided to Owner prior to commencement of construction. Town agrees to hold Owner harmless from any damages caused by negligent acts of the Town during construction, operation and maintenance improvements, and for any damages or claims arising from Town’s activities within the Easement area. , Except as otherwise provided herein, nothing in this Easement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article Deed of Easement 47 East Beaver Creek Blvd., Avon, CO Page 3 of 4 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement area. 5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement area or the balance of Owner’s property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Deed, at law, or equity. 6. The Town shall insure the Easement area and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 7. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement area. Owner further agrees that Owner shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Town, its heirs and assigns, against all and every person or persons lawfully claiming by and through Owner. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Deed of Easement 47 East Beaver Creek Blvd., Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. _________________________________ A Colorado ____________ By:____________________________ Its:____________________________ STATE OF __________________________ } } ss. COUNTY OF ______________________ } Subscribed and sworn to before me this _______ day of ___________, 2018, by _________________ as ________________. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of __________, 2018, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public Temporary Construction Easement Agreement 100 West Beaver Creek Blvd., Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 100 West Beaver Creek Boulevard Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Avon Center at Beaver Creek, (“Grantor”), whose address is 100 West Beaver Creek Blvd, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of Constructing street, pedestrian and landscaping improvements over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lot A, Lots A and B, Avon Center at Beaver Creek, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office under reception number 832542 (“Property”). Grantor grants to the Town a temporary construction easement for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easements shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other Temporary Construction Easement Agreement 100 West Beaver Creek Blvd., Avon, CO Page 2 of 4 agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name Avon Center at Beaver Creek, as an additional insured. The Town shall deliver the certificate of insurance naming Avon Center at Beaver Creek as an additional insured prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Temporary Construction Easement Agreement 100 West Beaver Creek Blvd., Avon, CO Page 3 of 4 Grantor: Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Temporary Construction Easement Agreement 100 West Beaver Creek Blvd., Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. By:____________________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Deed of Easement 100 West Beaver Creek Boulevard, Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk DEED OF EASEMENT 100 West Beaver Creek Boulevard Avon, Colorado THIS DEED OF EASEMENT (“Easement Deed”) is made this _____ day of _______, 2018 between Avon Center at Beaver Creek (“Owner”), whose address is 100 West Beaver Creek Blvd, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual utility easement (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, utilities and streetlights, including all underground, surface and appurtenances thereto, along, and in all of the hereinafter described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such lands and easement area being described more fully on EXHIBIT A attached hereto and by this reference made a part hereof. 2. The Owner further grants to the Town: (a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in the original location or at any alternate location or locations within the Easement; provided that such enlargement, improvement, reconstruction, relocation and replacement as aforesaid shall not interfere with any reasonable use Owner shall make of the Easement; (b) the right to grant licenses and franchises to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility provides in other Town right-of-ways; (c) the right to mark the location of the Easement by suitable markers set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Owner shall make of the Easement. Deed of Easement 100 West Beaver Creek Boulevard, Avon, CO Page 2 of 4 3. Owner reserves the right to use the Easement area for purposes which will not interfere with Town’s full enjoyment of the rights hereby granted upon written request to the Town. The parties further agree that the Owner’s use of the Easement area shall be subject to the following restrictions and conditions: (a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or by any person in privy with it, such violation shall be corrected and eliminated immediately upon receipt of notice from Town, and, in the alternative, Town shall have the right to correct and eliminate such violation, and the Owner, or its successors and assigns, shall promptly pay the reasonable and actual cost thereof. (d) Owner agrees to defend and hold harmless the Town for any damages or claims arising from Owner’s activities within the Easement area. 4. Town agrees that plans for construction of any improvements within the area of the Easement will be provided to Owner prior to commencement of construction. Town agrees to hold Owner harmless from any damages caused by negligent acts of the Town during construction, operation and maintenance improvements, and for any damages or claims arising from Town’s activities within the Easement area. Except as otherwise provided herein, nothing in this Easement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement area. 5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement area or the balance of Owner’s property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner Deed of Easement 100 West Beaver Creek Boulevard, Avon, CO Page 3 of 4 to pursue all of its rights and remedies under this Easement Deed, at law, or equity. 6. The Town shall insure the Easement area and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 7. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 8. Owner, for itself, its successors and assigns, does covenant and agree to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner has good right, full power and lawful authority to grant, bargain, sell and convey the Easement in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement area. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Deed of Easement 100 West Beaver Creek Boulevard, Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. _________________________________ A Colorado ____________ By:____________________________ Its:____________________________ STATE OF __________________________ ) ) ss. COUNTY OF ________________________ ) Subscribed and sworn to before me this _______ day of ___________, 2018, by _________________ as ________________. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of __________, 2018, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public Temporary Construction Easement Agreement 111 West Beaver Creek Blvd., Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 111 West Beaver Creek Boulevard, Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: U.S. Postal Service, (“Grantor”), whose address is 111 West Beaver Creek Blvd, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of Constructing street, pedestrian and landscaping improvements over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lot 1, First Amendment of the Sun Road Subdivision, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office at Book 571 at Page 579 under reception number 467697 (“Property”). Grantor grants to the Town a temporary construction easement for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easements shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the Temporary Construction Easement Agreement 111 West Beaver Creek Blvd., Avon, CO Page 2 of 4 easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name U.S. Postal Service, as an additional insured. The Town shall deliver the certificate of insurance naming U.S. Postal Service as an additional insured prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Temporary Construction Easement Agreement 111 West Beaver Creek Blvd., Avon, CO Page 3 of 4 Grantor: Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Temporary Construction Easement Agreement 111 West Beaver Creek Blvd., Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. By:____________________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Temporary Construction Easement Agreement 130B West Beaver Creek Blvd., Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 130B West Beaver Creek Boulevard Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Avon Beaver Creek Hotel, LLC, (“Grantor”), whose address is 130 West Beaver Creek Blvd., Avon, Colorado 81620, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P.O. Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of constructing street, pedestrian and landscaping improvements over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lot B, Avon Center at Beaver Creek Subdivision, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office at Reception No. 832542 (“Property”). Grantor grants to the Town a temporary construction easement over, on, and in all of the those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such lands and easement area being described more fully on Exhibit A: Easement Area attached hereto and by this reference made a part hereof (the “Easement Area”) for the purpose of constructing the improvements as described in Exhibit B: Streetscape Improvements attached hereto (the “Temporary Construction Easement”). The term of the Temporary Construction Easement shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it shall provide written notice of commencement of construction to the Grantor prior to commencement of construction in the Easement Area. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Easement Agreement, Town agrees to consider modifications to this Easement Agreement that accommodate Grantor’s Temporary Construction Easement Agreement 130B West Beaver Creek Blvd., Avon, CO Page 2 of 4 desire to improve the Property while allowing the Town to construct the improvements described in Exhibit B: Streetscape Improvements. 3. To the extent permitted by law, the Town agrees to indemnify, defend and hold harmless Grantor against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including, without limitation, attorneys’ fees and costs) (collectively referred to as “Claims”) arising from the Town’s activities on the Property in connection with the Temporary Construction Easement granted hereunder, except to the extent such Claims are caused by the willful acts or gross negligence of Grantor. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the Temporary Construction Easement granted hereunder. 4. The Town agrees that it shall not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd. Streetscape Project described in Exhibit B: Streetscape Improvements, all materials placed by the Town on the Property (including construction materials and debris) shall be removed from the Property, at the Town’s sole cost and expense, and the Property shall be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in Exhibit B: Streetscape Improvements. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with Exhibit B: Streetscape Improvements, the Town shall promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with Exhibit B: Streetscape Improvements. 6. The construction documents for the Beaver Creek Blvd. Streetscape Project shall include the Property in the project limits, and the contractor shall be required to provide general liability insurance, covering activity on the Property in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and otherwise consistent with the remainder of the Beaver Creek Blvd. Streetscape Project site, which insurance shall name Avon Beaver Creek Hotel, LLC, as an additional insured. The Town shall deliver the certificate of insurance naming Avon Beaver Creek Hotel, LLC. as an additional insured prior to its use of the Property. Temporary Construction Easement Agreement 130B West Beaver Creek Blvd., Avon, CO Page 3 of 4 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Grantor: ____________ [TBD] Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not materially impair any grant herein contained, and (b) the right to sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the property comprising the Easement Area, has good and marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement Area. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. Temporary Construction Easement Agreement 130B West Beaver Creek Blvd., Avon, CO Page 4 of 4 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. Avon Beaver Creek Hotel, LLC, a Colorado limited liability company By:_________________________________ Date: Its: STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Deed of Easement 130B West Beaver Creek Blvd., Avon, CO Page 1 of 5 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk DEED OF EASEMENT 130B West Beaver Creek Boulevard Avon, Colorado THIS DEED OF EASEMENT (“Easement Deed”) is made this _____ day of _______, 2018 between Avon Beaver Creek Hotel, LLC (“Owner”), whose address is 130 West Beaver Creek Blvd., Avon, Colorado 81620, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. Grantor owns Lot B, Avon Center at Beaver Creek Subdivision, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office at Reception No. 832542 (“Property”). For and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual easement and right-of- way (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, public roadway improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access over, on and in all that portion of the Property described on EXHIBIT A attached hereto and by this reference made a part hereof (the “Easement Area”). 2. The Owner further grants to the Town: (a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in the original location or at any alternate location or locations within the Easement Area; provided that such enlargement, improvement, reconstruction, relocation and replacement as aforesaid shall not interfere with any reasonable use Owner shall make of the Easement Area; (b) the right to grant licenses and franchises to common utility providers with respect to the Easement Area in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility provides in other Town right-of-ways; Deed of Easement 130B West Beaver Creek Blvd., Avon, CO Page 2 of 5 (c) the right to conduct all activities within the Easement Area which a municipality may lawfully conduct within public right-of-ways, including but not limited to enforcement of municipal traffic code and parking code provisions and application of street access standards; and, (d) the right to mark the location of the Easement by suitable markers set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Owner shall make of the Easement. 3. Owner reserves the right to use the Easement Area for any and all purposes which will not materially interfere with Town’s full enjoyment of the rights hereby granted. The parties further agree that the Owner’s use of the Easement Area shall be subject to the following restrictions and conditions: (a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement Area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would materially and adversely impair the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement Area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent or temporary structure which materially interferes with the movement of pedestrian, non- motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement Area in which the Town may use right-of-ways generally. (d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or by any person in privy with it, such violation shall be corrected and eliminated as soon as reasonably possible upon Owner’s receipt of written notice from Town, and, in the event Owner fails to correct and eliminate such violation as soon as reasonably possible following Owner’s receipt of such notice, Town shall have the right to correct and eliminate such violation, and the Owner, or its successors and assigns, shall promptly pay the reasonable and actual out-of-pocket costs thereof. 4. Town agrees that plans for construction of any improvements within the Easement Area shall be provided to Owner prior to commencement of construction. Town agrees to indemnify, defend and hold harmless Owner from any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including, without limitation, attorneys’ fees and costs) (collectively referred to as “Claims”) arising in connection with the Easement, except to the extent such Claims are caused by the willful acts or gross negligence of Grantor. Except as otherwise provided herein (including, without Deed of Easement 130B West Beaver Creek Blvd., Avon, CO Page 3 of 5 limitation, Town’s indemnity obligations set forth in this Paragraph 4, nothing in this Easement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement Area, the Property or any other property of Owner. 5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement Area or the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement Area or the balance of the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Deed, at law, or equity. 6. The Town shall insure the Easement Area and include the same in its (i) commercial general liability policies to afford coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and (ii) property damage policies. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 7. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the property comprising the Easement Area, has good and marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement Area. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 10. Each and every term, condition, or covenant of this Easement Deed is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal Deed of Easement 130B West Beaver Creek Blvd., Avon, CO Page 4 of 5 law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Deed as if fully set out by this reference. Venue for any action arising out of this Easement Deed shall be in the District Court in the County of Eagle, Colorado. 11. All notices, requests, demands, and other communications required or permitted to be given under this Easement Deed shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Grantor: ____________ [TBD] Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Deed of Easement 130B West Beaver Creek Blvd., Avon, CO Page 5 of 5 IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. Avon Beaver Creek Hotel, LLC, a Colorado limited liability company By:____________________________ Its:____________________________ STATE OF __________________________ } } ss. COUNTY OF ______________________ } Subscribed and sworn to before me this _______ day of ___________, 2018, by _________________ as ________________. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of __________, 2018, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public Temporary Construction Easement Agreement 160 West Beaver Creek Boulevard, Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 160 West Beaver Creek Boulevard Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Points of Colorado, Inc., a Colorado corporation (“Grantor”), whose address is: 9002 San Marco Court, Orlando, FL 32819, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of constructing street, pedestrian and landscaping improvements for the project known as the Beaver Creek Streetscape Project (the “Project”) over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lots 1, 2A, 2B, 3 and 5, Block 2, Mountain Vista Resort Subdivision, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office at Reception No. 201607621 (“Property”). Grantor grants to the Town three temporary construction easements for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easements shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the Temporary Construction Easement Agreement 160 West Beaver Creek Boulevard, Avon, CO Page 2 of 4 easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name Points of Colorado, Inc., as an additional insured. The Town shall deliver the certificate of insurance naming Points of Colorado, Inc. as an additional insured prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Temporary Construction Easement Agreement 160 West Beaver Creek Boulevard, Avon, CO Page 3 of 4 Grantor: Points of Colorado, Inc. 9002 San Marco Court Orlando, FL 32819 Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Temporary Construction Easement Agreement 160 West Beaver Creek Boulevard, Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. POINTS OF COLORADO, INC. By:____________________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Deed of Easement 160 West Beaver Creek Blvd, Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk DEED OF EASEMENT 160 West Beaver Creek Boulevard Avon, Colorado THIS DEED OF EASEMENT (“Easement Deed”) is made this _____ day of _______, 2018 between Points of Colorado, Inc. (“Owner”), whose address is: 9002 San Marco Court, Orlando, FL 32819, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual easement and right-of-way (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, public improvements for public transportation and public road improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access on, along, and in all of the hereinafter described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado, such lands and easement area being described more fully on EXHIBIT A attached hereto and by this reference made a part hereof. 2. The Owner further grants to the Town: (a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in the original location or at any alternate location or locations within the Easement; provided that such enlargement, improvement, reconstruction, relocation and replacement as aforesaid shall not interfere with any reasonable use Owner shall make of the Easement; (b) the right to grant licenses and franchises to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility provides in other Town right-of-ways; (c) the right to conduct all activities within the Easement area which a municipality may Deed of Easement 160 West Beaver Creek Blvd, Avon, CO Page 2 of 4 lawfully conduct within public right-of-ways, including but not limited to enforcement of municipal traffic code and parking code provisions and application of street access standards; and, (d) the right to mark the location of the Easement by suitable markers set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any reasonable use Owner shall make of the Easement. 3. Owner reserves the right to use the Easement area for purposes which will not interfere with Town’s full enjoyment of the rights hereby granted upon written request to the Town. The parties further agree that the Owner’s use of the Easement area shall be subject to the following restrictions and conditions (recommend these provisions be reciprocal): (a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement area without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent or temporary structure which interferes with the movement of pedestrian, non-motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement area in which the Town may use right-of-ways generally. (d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or by any person in privy with it, such violation shall be corrected and eliminated immediately upon receipt of notice from Town, and, in the alternative, Town shall have the right to correct and eliminate such violation, and the Owner, or its successors and assigns, shall promptly pay the reasonable and actual cost thereof. (e) Owner agrees to defend and hold harmless the Town for any damages or claims arising from Owner’s activities within the Easement area. 4. Town agrees that plans for construction of any improvements within the area of the Easement will be provided to Owner prior to commencement of construction. Town agrees to hold Owner harmless from any damages caused by negligent acts of the Town during construction, operation and maintenance improvements, and for any damages or claims arising from Town’s activities within the Easement area. Except as otherwise provided herein, nothing in this Easement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article Deed of Easement 160 West Beaver Creek Blvd, Avon, CO Page 3 of 4 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement area. 5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement area or the balance of Owner’s property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Deed, at law, or equity. 6. The Town shall insure the Easement area and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 7. The parties agree that neither party has made or authorized any agreement with respect to this Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement area. Owner further agrees that Owner shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Town, its heirs and assigns, against all and every person or persons lawfully claiming by and through Owner. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Deed of Easement 160 West Beaver Creek Blvd, Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. _________________________________ A Colorado ____________ By:____________________________ Its:____________________________ STATE OF __________________________ } } ss. COUNTY OF ______________________ } Subscribed and sworn to before me this _______ day of ___________, 2018, by _________________ as ________________. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of __________, 2018, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public Temporary Construction Easement Agreement 161A West Beaver Creek Blvd., Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 161A West Beaver Creek Boulevard, Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Avon Wynfield, LLC, (“Grantor”), whose address is ________________, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of Constructing street, pedestrian and landscaping improvements over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lots 73 and 74, Block 2, Amendment No. 4, Benchmark at Beaver Creek, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office at Reception No. 220089 (“Property”). Grantor grants to the Town a temporary construction easement for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easement shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other Temporary Construction Easement Agreement 161A West Beaver Creek Blvd., Avon, CO Page 2 of 4 agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name Avon Wynfield, LLC, as an additional insured. The Town shall deliver the certificate of insurance naming Avon Wynfield as an additional insured prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Temporary Construction Easement Agreement 161A West Beaver Creek Blvd., Avon, CO Page 3 of 4 Grantor: Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Temporary Construction Easement Agreement 161A West Beaver Creek Blvd., Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. By:____________________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk Temporary Construction Easement Agreement 161 West Beaver Creek Blvd., Avon, CO Page 1 of 4 AFTER RECORDING RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Town Clerk TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 161 West Beaver Creek Boulevard, Avon, Colorado KNOW ALL MEN BY THESE PRESENTS: Avon Wynfield, LLC, (“Grantor”), whose address is ________________, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of Constructing street, pedestrian and landscaping improvements over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Grantor owns Lots 73 and 74, Block 2, Amendment No. 4, Benchmark at Beaver Creek, Avon, Colorado recorded in the Eagle County Clerk and Recorder’s Office at Reception No. 220089 (“Property”). Grantor grants to the Town a temporary construction easement for the purpose of constructing the improvements as described in Exhibit A attached hereto. The term of this temporary construction easement shall begin on March 1st, 2018, and shall expire and be of no further force or effect on December 31, 2019 (“Term”). 2. Town agrees that it will provide written notice of commencement of construction to the Grantor prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10) as the stated monetary consideration above along with tendering the written notice of commencement of construction. In the event that Grantor seeks improvements to the Property during the Term which conflict with this Temporary Construction Easement Agreement, Town agrees to consider modifications to this easement agreement that accommodate Grantor’s desire to improve the Property while allowing the Town to construct the improvements described in Exhibit A. 3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against any claims or liabilities related to the Town’s activities on the Property pursuant to the easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other Temporary Construction Easement Agreement 161 West Beaver Creek Blvd., Avon, CO Page 2 of 4 agents and consultants shall be prohibited from taking any action or omission that subjects the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers, surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute a default hereunder. This provision shall survive termination of the easement granted hereunder. 4. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. 5. Upon completion of construction of the Beaver Creek Blvd Streetscape Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or in establishing grading and drainage on the Property consistent with the attached Construction Plans. 6. The construction documents for the Beaver Creek Blvd Streetscape Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance, covering activity on the Property, consistent with the remainder of the Beaver Creek Blvd Streetscape Project site, which insurance shall name Avon Wynfield, LLC, as an additional insured. The Town shall deliver the certificate of insurance naming Avon Wynfield as an additional insured prior to its use of the Property. 7. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Temporary Construction Easement Agreement 161 West Beaver Creek Blvd., Avon, CO Page 3 of 4 Grantor: Town of Avon: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer 8. Grantor reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) sell and convey the Property or any portion of it subject to this Easement Agreement. 9. Grantor covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 10. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. 11. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 12. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Temporary Construction Easement Agreement 161 West Beaver Creek Blvd., Avon, CO Page 4 of 4 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement Agreement on the date first written above. By:____________________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2018, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members present were Megan Burch, Amy Phillips, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Sergeant Jonathan Lovins, Assistant Town Manager Scott Wright, Recreation Director John Curutchet, Public Works Director Gary Padilla, Planning Director Matt Pielsticker, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. MEETING PROCEDURES FOR THE MEETING OF JANUARY 09, 2018 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* There were no comments made. 5. ACTION ITEMS Start time: 1249 5.1. PUBLIC HEARING RESOLUTION 18 -01, TO AMEND THE 2018 CAPITAL PROJECTS FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Mayor Fancher opened the public hearing and no comments were made. Councilor Prince moved to approve Resolution 18-01, a Resolution Amending the 2018 Capital Projects Fund Budget. Councilor Phillips seconded the motion and it passed with a vote of 5 to 2. Councilor Wolf and Councilor Gennett voted no. 5.2. ACTION TO OFFICIALLY NAME THE NEW TOWN HALL/SKIER BUILDING (COMMUNICATIONS MANAGER LIZ WOOD) Start time: 15:09 Councilor Wolf moved to name the new town hall the “Avon Town Hall”. Councilor Phillips seconded the motion and it passed unanimously by Council members present. 5.3. ACTION ON FUNDING REQUEST FOR THE AVON PLAYHOUSE PROJECT (TOWN MANAGER VIRGINIA EGGER) Start time: 21:00 Holli Snyder, Events Manager for Colorado Mountain News Media, presented the project. Mayor Pro Tem Smith Hymes moved to approve the Avon Playhouse Project as presented, with funding appropriated from the 2018 General Fund Contingency in the amount of $18,oo0.00. Councilor Phillips seconded the motion and it passed unanimously by Council members present. 5.4. ACTION ON THE AD HOC SPECIAL EVENTS COMMITTEE RECOMMENDATION FOR USE OF TOWN SPECIAL EVENT LIQUOR PERMITS, VENDOR GROSS PROFIT SHARING & FORMATION OF AN ENTERTAINMENT DISTRICT (INTERIM SPECIAL EVENTS MANAGER LOUISE DUNCAN) TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 2 Start time: 43:35 Councilor Gennett moved to approve the following actions for the 2018 fiscal year: 1) No vendor profit sharing be required of privately produced events funded through the 2018 application process; and 2) Town staff solicit a professional contractor to operate liquor sales for all Town-Produced special events, except for Salute to the USA which will remain with the Eagle Valley Humane Society; and 3) Town staff pursue non-alcohol vendors for Town-Produced special events and charge profit sharing fees, when determined appropriate by the Town staff in amounts commensurate with the event size and type; and 4) Continue work in 2019 on developing an Entertainment District to encompass the Pavilion, upper field, Lake Street, Main Street Mall and existing properties where the current Town Hall and 351 Building sit. Councilor Wolf seconded the motion and it passed unanimously by Council members present. 5.5. PUBLIC HEARING SECOND READING OF ORDINANCE 17-20, REMOVING AND APPOINTING A FIDUCIARY FOR THE TOWN OF AVON DEFERRED COMPENSATION PLANS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Start time: 58:09 Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved to approve Ordinance 17-20, An Ordinance Removing and Appointing a Fiduciary for the Town of Avon Deferred Compensation Plans. Councilor Gennett seconded the motion and it passed unanimously by Council members present. 5.6. PUBLIC HEARING SECOND READING OF ORDINANCE 17-19, AN ORDINANCE APPROVING THE UPDATED TOWN OF AVON ZONE DISTRICT MAP (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 61:12 Mayor Fancher opened the public hearing and no comments were made. Councilor Phillips moved to approve second reading of Ordinance 17-19, thereby approving the amended Town of Avon Zoning Map. Councilor Gennett seconded the motion and it passed unanimously by Council members present. 5.7. PUBLIC HEARING SECOND READING ORDINANCE 17-21, RENAMING THE TRANSPORTATION DEPARTMENT TO THE MOBILITY DEPARTMENT (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 62:18 Mayor Fancher opened the public hearing and no comments were made. Councilor Burch moved to approve second reading of Ordinance 17-21, thereby amending Section 2.20.010 of the Town of Avon Municipal Code to rename the Transportation Department to the Mobility Department. Councilor Gennett seconded the motion and it passed with a vote of 6 to 1. Councilor Wolf voted no. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 3 5.8. CONSENT AGENDA Start time: 67:17 5.8.1. APPROVAL OF RESOLUTION 18-02, DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS (DEPUTY TOWN MANAGER PRESTON NEILL) 5.8.2. APPROVAL OF THE APPOINTMENT OF THE CURRENT MEMBERS OF THE AD HOC SPECIAL EVENTS COMMITTEE TO AN ADDITIONAL TERM FROM FEBRUARY 1, 2018 – JANUARY 31, 2019 AND APPROVING MEMBER BENEFITS (INTERIM SPECIAL EVENTS MANAGER LOUISE DUNCAN) 5.8.3. APPROVAL OF RESOLUTION 18-03, APPROVING EAGLE RIVER WATER AND SANITATION DISTRICT EASEMENT ON TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION ALSO KNOWN AS HARRY A. NOTTINGHAM PARK (TOWN ENGINEER JUSTIN HILDRETH) 5.8.4. APPROVAL OF THE REPLACEMENT OF THE H. A. NOTTINGHAM PARK PAVILION CURTAIN WITH DOORS (TOWN ENGINEER JUSTIN HILDRETH) 5.8.5. ADOPTION OF REVISIONS TO THE TOWN OF AVON SIDEWALK MAINTENANCE AND REPAIR MAP (TOWN ENGINEER JUSTIN HILDRETH) 5.8.6. APPROVAL OF 2017 AUDIT ENGAGEMENT LETTER (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 5.8.7. APPROVAL OF MINUTES FROM DECEMBER 12, 2017 COUNCIL MEETING (TOWN CLERK DEBBIE HOPPE Councilor Burch moved to approve the Consent Agenda. Councilor Phillips seconded the motion and it passed unanimously by Council members present. 6. PRESENTATION Start time: 67:38 6.1. EAGLE RIVER WATER AND SANITATION DISTRICT MASTER PLAN UPDATE (SIRI ROMAN, ERWSD WASTEWATER MANAGER) 6.2. 2016 MACROINVERTEBRATE SAMPLING RESULTS (DAVID REES, TIMBERLINE AQUATICS) 6.3. RESTORE THE GORE (PETER WADDEN, TOWN OF VAIL) Siri Roman, ERWSD Wastewater Manager, David Rees with Timberline Aquatics, Inc., and Peter Wadden with the Town of Vail, presented on the following topics: • Eagle River Water and Sanitation District Master Plan Update • 2016 Macroinvertebrate Sampling Results • Restore of the Gore 7. WRITTEN REPORT Start time: 138:51 7.1. POST-HOLIDAY RECYCLING EVENT AT WALKING MOUNTAINS SCIENCE CENTER ON JANUARY 13, 2018 Councilor Wolf asked about the cost of participating in the recycling event. Councilor Prince moved to appropriate $1,000.00 from the 2018 General Fund Contingency line item for the Recycling Event and Town staff discretion to determine how to spend it. Councilor Wolf seconded the motion and it passed unanimously by Council members present. 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 147:00 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 4 Councilor Wolf showed support for the new Rocky Mountain Tacos mobile vendor cart. He also said that AEG recently announced an eight or nine concert series at the Ford Amphitheater in Vail and questioned why the Town of Avon was not in the mix. Mayor Fancher mentioned that the Town's Public Works Department, through February 1, is offering free curbside Christmas tree pick-up for Avon residents. The Council Retreat was tentatively rescheduled for February 6th and staff was asked to send out a Doodle poll to find a firm date. Mayor Fancher asked Councilor Phillips to broach the subject of a recycling ad at the next High Five Access Media Board meeting. She also announced that the Town is celebrating its 40th anniversary in February. Mayor Pro Tem Smith Hymes said that three more volunteers are needed for the recycling event at Walking Mountains Science Center. Councilor Phillips said her family once spent $190 to recycle two very large televisions. She also said that she is interested in what AEG is doing in Vail. 9. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY AND SPECIAL WATER RIGHTS LEGAL COUNSEL FOR THE PURPOSE OF RECEIVE LEGAL ADVICE UNDER CRS §24-6-402(2)(b) REGARDING WATER RIGHTS (TOWN ATTORNEY ERIC HEIL) Mayor Fancher moved to convene into Executive Session for a conference with the Town Attorney and Special Water Rights Legal Counsel for the purpose of receiving legal advice under C.R.S. §24-6- 402(2)(b) regarding Water Rights. The time was 8:05 p.m. Council convened into Executive Session at 8:15 p.m. Executive Session ended at 9:05 p.m. Council reconvened into the Regular meeting at 9:05 p.m. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 09, 2018 AVON TOWN HALL, ONE LAKE STREET Page 5 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 9:05 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ___________________________________ Sarah Smith Hymes ___________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ FISCAL YEAR 2017 FINANCIAL REPORT January 23, 2018 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – November 2017 3. Accommodations Tax Report – November 2017 4. Real Estate Transfer Tax Report – December 2017 5. Recreation Center Admissions – December 2017 6. General Fund Year-To-Date Expenditures – December 2017 7. Fleet Maintenance Fund Year-To-Date Expenditures – December 2017 8. Transit Fund Year-To-Date Expenditures – December 2017     TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council    From:    Martha Anderson, Senior Accountant       Meeting Date: January 23, 2018    Re:   Fiscal Year 2017 Financial Report – November / December        SUMMARY  Revenues  SALES TAX   Sales tax revenue for November totaled $435,975, a 2.10% decrease over the previous year. Year‐ to‐date sales tax revenue is up 0.26% over the previous year, with a negative variance of $55,779  over the revised annual budget.   November 2017 sales tax collections increased 76.43% for sporting goods retail, 23.08% for  accommodations, 19.02% for other, 3.03% for liquor stores, 0.85% for restaurants/bars, 0.35% for  grocery, specialty, and health, and decreased 69.62% for service related, 6.84% for home/garden  and 0.70% for miscellaneous retail compared to November 2016.  ACCOMMODATIONS TAX   Accommodations tax revenue for November totaled $46,397, a 23.49% increase over the previous  year. Year‐to‐date accommodations tax revenue is up 5.02% over the previous year, with a  positive variance of $37,372 over the revised annual budget.   November 2017 accommodations tax collections increased 11.53% for hotels, 52.55% for  timeshares and 25.91% for vacation rentals compared to November 2016.  REAL ESTATE TRANSFER TAX   Real estate transfer tax collections for December totaled $314,399, a decrease of 46.58% over the  previous year. Year‐to‐date RETT collections are up 26.91% over the previous year, with a positive  variance of $235,926 over the revised annual budget.   We collected $8,408 in real estate transfer tax from the Wyndham for November sales. A total of  $1,398,585 in RETT has been received from the Wyndham in 2017.  RECREATION CENTER ADMISSIONS   December’s admission fees totaled $169,913, a 0.48% increase over the previous year. Year‐to‐ date admission fees are up 6.86% over the previous year, with a positive variance of $38,163  over the revised annual budget.    Expenditures  ** December Expenditure Totals are Un-Audited and NOT Final ** GENERAL FUND   General fund expenditures through December 2017 total 97.98% of the 2017 annual budget.  These expenditures include the Town’s annual insurance premium, $309,449 toward signature  event seed funding, $605,855 toward town produced events, and $168,370 spent for community  grants.  FLEET MAINTENANCE   Fleet expenditures for December are at 105.36% of the total budget. These costs include  expenditures of $435,845 in stock parts and ongoing costs such as regularly purchased shop  supplies, equipment and fleet maintenance.  TRANSIT   Transit funds are 105.91% expended as of December compared to the 2017 budget. These  expenditures include a $415,415 expenditure for the people mover diesel bus purchase, as well as  $348,511 for the 2017/2018 gondola operations.  TOWN OF AVONSALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 793,298$ 792,562.03$ (736.28)$ 6.57%February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 808,059 798,923.33 (9,135.20) 3.12%March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 943,469 918,657.55 (24,811.78) -2.87%April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 435,179 425,727.85 (9,451.23) -2.85%May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 398,150 394,689.30 (3,460.33) -2.52%June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 645,820 650,794.65 4,974.90 -6.18%July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 681,147 682,024.81 878.23 -1.20%August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 633,814 618,515.44 (15,298.44) 4.23%September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 642,458 690,883.92 48,425.70 3.43%October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 472,251 458,645.68 (13,605.13) 1.63%November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 469,534 435,975.05 (33,559.36) -2.10%December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,295,427 - - -100.00% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 6,403,978.93$ 8,218,606$ 6,867,399.61$ (55,778.92)$ 0.26%Actual Collections$0$50,000$100,000$150,000$200,000$250,000$300,000$350,000$400,000$450,000$500,0002013 2014 2015 2016 2017YearSales Tax Collections for November TOWN OF AVONSALES TAX 2017 Actual vs. Budget  $‐ $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,0002013 2014 2015 2016 2017YTD Sales Tax Comparison January - November $‐ $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000Sales Tax Monthly Comparison 2015-2017 201520162017 TOWN OF AVONACCOMMODATIONS TAX 2017 Actual vs. Budget Budget YTD Collections Budget % change2012 2013 2014 2015 2016 2017 2017 Variance 2016January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 173,119$ 190,207.82$ 17,088.97$ 12.93%February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 197,466 194,804.88 (2,661.09) 5.09%March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 219,359 201,008.55 (18,350.04) -7.53%April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 45,723 38,340.02 (7,382.87) -37.06%May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 33,645 39,961.98 6,317.17 6.97%June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 79,538 83,723.31 4,185.49 13.77%July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 108,572 119,300.76 10,728.52 10.88%August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 94,215 100,628.23 6,413.60 14.78%September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 69,718 81,837.60 12,119.42 20.10%October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 45,149 48,223.10 3,074.04 5.43%November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 40,558 46,397.08 5,838.97 23.49%December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 212,477 - - -100.00% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,319,538$ 1,144,433.33$ 37,372.18$ 5.02%Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,0002013 2014 2015 2016 2017Accommodations Tax Collections for November Town of AvonReal Estate Transfer Tax 2017 Actual vs. BudgetBudget YTD Collections $ Change % of Change2012 2013 2014 2015 2016 2017 2017 2016 2016January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 88,207$ 107,390.00$ 42,968.00$ 66.70%February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 308,049 270,815.26 69,964.40 34.83%March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 226,231 254,737.53 (10,324.12) -3.89%April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 275,306 249,938.93 90,892.87 57.15%May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 325,137 377,490.82 192,503.72 104.06%June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 351,920 703,419.85 396,292.61 129.03%July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 408,712 219,208.74 (40,769.20) -15.68%August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 267,942 592,467.49 405,984.09 217.71%September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 369,353 423,013.80 101,056.12 31.39%October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 436,047 497,642.58 (144,046.01) -22.45%November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 283,269 425,402.80 110,293.43 35.00%December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 859,827 314,398.50 (274,116.16) -46.58% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 4,200,000$ 4,435,926.30$ 940,699.75$ 26.91%Budget 4,200,000.00 Variance, Favorable (Unfavorable) 235,926.30$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 $4,000,000.00 $4,500,000.00 $5,000,000.002013 2014 2015 2016 2017YTD Real Estate Transfer Tax Collections TOWN OF AVONRECREATION CENTER ADMISSION FEES 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 80,390$ 74,674.20$ (5,715.69)$ 0.00%February 78,782 68,578 63,838 68,506 86,342 87,020 93,365.80 6,345.69 8.13%March 62,670 72,616 77,902 81,664 76,023 88,168 84,085.80 (4,082.33) 10.61%April 49,982 64,370 61,760 55,452 67,398 71,072 62,435.00 (8,637.13) -7.36%May 44,880 35,064 43,119 50,067 54,337 54,076 61,441.70 7,365.98 13.08%June 49,442 46,194 55,052 58,431 58,044 63,513 63,459.20 (53.34) 9.33%July 73,067 71,491 61,472 66,400 65,874 80,425 82,539.70 2,114.74 25.30%August 67,510 57,329 63,233 66,389 76,558 78,693 66,543.40 (12,149.74) -13.08%September 38,141 43,829 36,846 44,719 49,018 50,530 48,278.60 (2,251.49) -1.51%October 41,588 48,803 75,818 61,167 51,833 66,376 59,233.83 (7,142.50) 14.28%November 94,044 93,822 29,570 71,384 72,114 85,805 97,193.40 11,388.69 34.78%December 72,059 69,258 77,672 112,201 169,093 118,932 169,912.58 50,980.33 0.48% Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 925,000$ 963,163.21$ 38,163.21$ 6.86%Actual Collections $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,0002013 2014 2015 2016 2017Recreation Center Admissions - December Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 218,786$ -$ 218,348$ 438$ 99.80% 112 Boards and Commissions 18,192 - 13,228 4,964 72.71% 113 Town Attorney 132,000 35,080 95,552 1,368 98.96% 115 Town Clerk 124,455 309 104,272 19,873 84.03% 121 Municipal Court 137,287 3,495 117,737 16,055 88.31% 131 Town Manager 382,240 - 343,076 39,164 89.75% 133 Community Relations 187,372 12,096 182,628 (7,351) 103.92% Total General Government 1,200,332 50,981 1,074,841 74,511 93.79% Human Resources Department: 132 Human Resources 445,365 984 441,084 3,297 99.26% Finance & IT Department: 141 Finance 886,438 25,618 853,302 7,518 99.15% 143 Information Systems 400,647 947 389,476 10,224 97.45% 149 Nondepartmental 494,826 22,010 503,643 (30,828) 106.23% Total Finance & IT 1,781,911 48,576 1,746,421 (13,086) 100.73% Total General Gov't Departments 3,427,608 100,540 3,262,346 64,722 98.11% Community Development: 212 Planning 282,393 13,886 260,286 8,221 97.09% 213 Building Inspection 148,302 2,300 142,856 3,146 97.88% 214 Economic Development - - - - 0.00% 215 Town Produced Events 598,952 4,817 605,855 (11,720) 101.96% 216 Signature Event Seed Funding 296,217 - 309,449 (13,232) 104.47% 217 Community Grants 207,620 - 168,370 39,250 81.10% Total Community Development 1,533,484 21,003 1,486,816 25,665 98.33% Police Department: 311 Administration 685,087 5,491 673,663 5,933 99.13% 312 Patrol 2,352,401 11,184 2,414,714 (73,497) 103.12% 313 Investigations 267,052 - 276,186 (9,134) 103.42% Total Police 3,304,540 16,675 3,364,563 (76,698) 102.32% Public Works: 412 Engineering 245,969 142 234,721 11,107 95.48% 413 Roads and Bridges 2,259,519 7,730 2,173,834 77,954 96.55% 415 Parks 665,356 19,274 603,636 42,445 93.62% 418 Buildings & Facilities 1,218,952 16,252 1,063,730 138,970 88.60% Total Public Works 4,389,796 43,398 4,075,921 270,477 93.84% Recreation Department: 514 Administration 227,743 3,945 222,383 1,415 99.38% 515 Adult Programs 55,962 - 50,987 4,975 91.11% 516 Aquatics 533,684 1,074 557,049 (24,439) 104.58% 518 Fitness 150,645 - 146,396 4,249 97.18% 519 Guest Services 308,017 1,023 301,929 5,065 98.36% 521 Youth Programs 135,880 596 126,953 8,332 93.87% Total Recreation 1,411,931 6,638 1,405,697 (404) 100.03% TOTAL OPERATING EXPENDITURES 14,067,359$ 188,254$ 13,595,343$ 283,761 97.98% Department Expenditure Summaries General FundDecember 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,622,757$ 30,906$ 1,678,765$ (86,914)$ 105.36% Total Operating Expenditures 1,622,757 30,906 1,678,765 (86,914) 105.36% TOTAL EXPENDITURES 1,622,757$ 30,906$ 1,678,765$ (86,914)$ 105.36% Expenditure Summary Fleet Maintenance Enterprise Fund December 2017 Expenditures to Date Dept./Div. 2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 258,360$ 12,116$ 243,492$ 2,753$ 98.93% 432 Transit Operations 1,727,168 - 1,866,490 (139,322) 108.07% 436 Wash Bay 146,534 3,004 132,951 10,579 92.78% Total Operating Expenditures 2,132,062 15,119 2,242,934 (125,991) 105.91% TOTAL EXPENDITURES 2,132,062$ 15,119$ 2,242,934$ (125,991)$ 105.91% Expenditure Summary Transit Enterprise Fund December 2017 Expenditures to Date