TC Packet 06-14-2022_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, June 14, 2022
MEETING BEGINS AT 5:10 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in‐person at Avon Town Hall or virtually through Zoom
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM
1.CALL TO ORDER AND ROLL CALL 5:10
2.APPROVAL OF AGENDA
3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA
A Proclamation Honoring Judge Cyrus G. “Buck” Allen III for His Years of Service
Public comments are limited to three (3) minutes. The speaker may request an additional one (1)
minute, which may be approved by a majority of Council.
5.BUSINESS ITEMS
5.1. Police Presentation: swearing in of Officer T. Reno, annual report presentation, awards
presentation (Chief of Police Greg Daly) (40 minutes) 5:20
5.2. First Reading: Ordinance 22-08 Short Term Rental Licensing (Planner 1+ Max Morgan) (45
Minutes) 6:00
5.3. First Reading: Ordinance 22-09 Short Term Rental Overlay Zone District (Planner 1+ Max
Morgan) (45 Minutes) 6:45
5.4. Public Hearing: Emergency Ordinance 22-12 Approving Kayak Crossing Refinancing (Town
Manager Eric Heil) (15 Minutes) 7:30
5.5. First Reading: Ordinance 22-11 Recall Regulations (Town Manager Eric Heil) (10 Minutes)
7:45
5.6. Findings of Fact and Record of Decision for MNR22009, a Minor Development Plan for
Emergency Notification System (Planning Director Matt Pielsticker) (5 Minutes) 7:55
5.7. Approval of a Lobbying contract (Town Manager Eric Heil) (5 Minutes) 8:00
5.8. Notice of Award for the purchase of the Wildridge Sirens (Town Engineer Justin Hildreth) (5
Minutes) 8:05
5.9. Resolution 22-14: Extending the Finance Committee (Town Manager Eric Heil) (5 Minutes)
8:10
5.10. Public Hearing: Second Reading of Ord 22-03 Amending Section 15.08.160 of the Avon
Municipal Code Regarding Issuance of Grading Permits (Town Attorney Karl Hanlon) (15
Minutes) 8:15
6.MINUTES
6.1. Approval of May 24, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres)
(5 Minutes) 8:30
7.WRITTEN REPORTS
7.1. Draft May 19 CASE Committee Meeting Minutes (General Government Intern Emily Myler)
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
7.2. Draft May 17 Health & Recreation Committee Meeting Minutes (General Government Intern
Emily Myler)
7.3. Nottingham Park Punchlist Update (Recreation Director Michael Labagh)
7.4. Avon Police Department 2021 Disposition on Forfeited Properties Report
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:35
9. ADJOURN 8:50
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.
FUTURE COUNCIL MEETINGS
JUNE 28, 2022 (VIRTUAL ONLY MEETING)
JULY 26, 2022 (HYBRID MEETING)
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JUNE 14, 2022
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT 5:00
5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT: A TASTE OF NATURE
DATE AND TIME: 5:00 P.M. – 10:30 P.M. ON JULY 7, 2022
LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT
MANAGER: JAMES KENLY
6. PUBLIC HEARING FOR RENEWAL
6.1. APPLICANT: BENCHMARK LIQUORS INC D/B/A BEAVER LIQUORS
LOCATION: 110 EAST BEAVER CREEK BLVD
TYPE: LIQUOR STORE (CITY)
MANAGER: DAVID COURTNEY
7. APPROVAL OF THE MINUTES FROM MAY 10, 2022 LIQUOR LICENSING AUTHORITY MEETING (5 Minutes) 5:05
8. WRITTEN REPORT
8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
9. ADJOURNMENT 5:05
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JUNE 14, 2022
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT 5:00
5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT: A TASTE OF NATURE
DATE AND TIME: 5:00 P.M. – 10:30 P.M. ON JULY 7, 2022
LOCATION: 318 WALKING MOUNTAINS LANE
TYPE: SPECIAL EVENT PERMIT
MANAGER: JAMES KENLY
6. PUBLIC HEARING FOR RENEWAL
6.1. APPLICANT: BENCHMARK LIQUORS INC D/B/A BEAVER LIQUORS
LOCATION: 110 EAST BEAVER CREEK BLVD
TYPE: LIQUOR STORE (CITY)
MANAGER: DAVID COURTNEY
7. APPROVAL OF THE MINUTES FROM MAY 10, 2022 LIQUOR LICENSING AUTHORITY MEETING (5 Minutes) 5:05
8. WRITTEN REPORT
8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
9. ADJOURNMENT 5:05
970-748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Special Event Permit Application -
A Taste of Nature
DATE: June 3, 2022
SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the A Taste of Nature special event on July 7, 2022.
The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and
all materials are in order. Documents are on file in the Town Clerk’s office.
The 318 Walking Mountains Lane premise has been posted with notice of the public hearing for this
application. The event manager will be present to answer question about the application. The Applicant has
adequate proof of commercial liability insurance that meets Town requirements and has obtained any other
permit needed for this event. Background checks show no previous failure by the Applicant to comply with
Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar
year.
BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular
types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages
in connection with public events. Avon has adopted the local option whereby applications are made directly
to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a
single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no
required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for
denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that the
issuance would be injurious to the public welfare because of the nature of the special event, its location
within the community, or the failure of the applicant in a past special event to conduct the event in
compliance with applicable laws.”
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider a Special Events Permit Applicat ion for the upcoming A
Taste of Nature special event. A public hearing is required before final action is taken. Please note that
the Walking Mountains Science Center is acting as the Applicant for this permit.
Applicant Name: Walking Mountains Science Center
Event Name: A Taste of Nature
Event Date: July 7, 2022
5:00 p.m. – 10:30 p.m.
Location: 318 Walking Mountains Lane
Event Manager: James Kenly
Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special
Events Permit application for the A Taste of Nature special event on July 7, 2022 from 5:00 p.m. to 10:30
p.m.”
Thank you, Brenda
SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Application for a Special Event Permit (State form DR 8439)
✓ Attachment B: Alcohol Management Plan
✓ Attachment C: Diagram where liquor will be served
Attachment A
Attachment B
Attachment C
970-748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Liquor License Renewal Application -
Benchmark Liquors INC d/b/a Beaver Liquors
DATE: June 3, 2022
SUMMARY: Benchmark Liquors INC d/b/a Beaver Liquors, as the Applicant, is applying for a Liquor
License Renewal.
The Applicant has submitted the appropriate materials and fees required by the State of Colorado Liquor
Enforcement Division. A background check from the Avon Police Department reveals no criminal
background check for the manager, but a liquor violation made by an employee. A case report was
requested and received from the Liquor Enforcement Division. These documents are on file in the Town
Clerk’s office.
BACKGROUND: Section 44-3-302, C.R.S., provides guidelines for liquor licensing renewals, which
applications are made to the local licensing authority. The Deputy Town Clerk and Special Counsel Pierce-
Durance have reviewed the application submitted and referenced above and found the materials in order.
The violation is described as follows:
Benchmark Liquors INC d/b/a Beaver Liquors:
Beaver Liquors has been the subject of an investigation conducted by the Colorado Department of
Revenue Liquor Enforcement Division. Agents of the Division allege violation of the Colorado Liquor Code,
Sections 44-3-901(1)(b)(i) and 44-3-901(11)(a).
On September 21, 2021, this Licensee, through its employee/agent Tyler Schauseil, sold, served, gave, or
allowed the procuring of an alcoholic beverage (25oz can of Modelo Chelada, fermented malt beverage) to
an eighteen-year-old Liquor Enforcement Division underage purchaser without verifying an identification, in
violation of the above statutes.
Employee was issued a criminal summons. Store manager has been invited to attend the Liquor Licensing
Authority meeting to respond any questions from the Board regarding the criminal action.
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the
Local Liquor Licensing Authority, will consider the following Liquor License Application for renewal. A
public hearing is required before final action is taken.
Applicant Name: Benchmark Liquors INC d/b/a Beaver Liquors
Location: 110 East Beaver Creek Blvd
Manager: David Courtney
Permit Type: Liquor Store (City)
Page 2 of 2
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Liquor
License Renewal Application for Benchmark Liquors INC d/b/a Beaver Liquors.”
Thank you, Brenda
LIQUOR LICENSE RENEWAL APPLICATION ATTACHMENTS:
Attachment A: Application for Liquor License Renewal (State form DR 8400)
Attachment A
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 10, 2022
SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM)
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in person, as well as in a virtual format, via Zoom.us. Chairwoman Smith Hymes called
the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Amy Phillips, Lindsay
Hardy, Chico Thuon, and Tamra Underwood. Board members Scott Prince and RJ Andrade were absent. Also
present were Planning Director Matt Pielsticker, Mobility Manager Eva Wilson, Sergeant Jeremy Holmstrom,
Interim Town Attorney Karl Hanlon, CASE Manager Danita Dempsey, Town Manager Eric Heil, and Secretary
Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:29
Board member Underwood moved to approve the Liquor Licensing Authority agenda as presented. Vice
Chairwoman Philips seconded the motion and the motion passed with a vote of 5 to 0. Board members Prince
and Andrade were absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:48
No conflicts of interest were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:00:55
Chairwoman Smith Hymes asked for public comments by anyone present in person or virtually. No public
comments were made.
5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT
Video Start Time: 00:01:31
5.1. APPLICANT NAME: EDUCATION FOUNDATION OF EAGLE COUNTY
EVENT: EVENING OF STARS
DATE AND TIME: 6:00 PM – 9:00 PM ON JUNE 2, 2022
LOCATION: 1 LAKE STREET – HARRY A. NOTTINGHAM PARK/PAVILION
TYPE: SPECIAL EVENT PERMIT
MANAGER: WENDY RIMEL
Applicant Wendy Rimel was present in person and answered questions from Board members. She said this is
always a great celebration for all the educators in the county and that this year they also invited all teachers
of the private charters too. Board member Underwood asked her to explain about the perimeters and how it
will be controlled. Wendy Rimel said there will be check-in tables, identifications will be checked, a bracelet
will be given and a coupon for a meal and two drinks. Chairwoman Philips made sure that there will be sings
for “not outside alcohol allowed” and verified the times in the application. Councilor Thuon asked her about
how she feels regarding the marijuana tax revenues. She said that from the county, more councilors have
been hired through the Hope Center with those funds.
Chairwoman Smith Hymes called for public comments and no public comments were made.
Board member Underwood moved to approve the Special Events Permit application for the Evening of Stars
special event on June 2, 2022 from 6:00 p.m. to 9:00 p.m. Board member Hardy seconded the motion and the
motion passed with a vote of 5 to 0. Board members Prince and Andrade were absent.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 10, 2022
SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM)
6. PUBLIC HEARING FOR RENEWAL
Video Start Time: 00:11:00
6.1. APPLICANT: WILLS INVESTMENTS VII LLC D/B/A 7 ELEVEN #34209B
LOCATION: 8 NOTTINGHAM ROAD
TYPE: FERMENTED MALT BEVERAGE OFF PREMISES (CITY)
MANAGER: DONALD R. WILLS
Board member Prince joined the meeting in person at 5:10 p.m.
Applicant Arnold Tonner and Director of Operations for Wills Investments and 7-Eleven incorporation in
Colorado Vonley Starkey were present in person, and their attorney Kevin Coates was present virtually via
Zoom. They answered several questions from the Board.
Kevin Coates said that the criminal action is still pending with the state but they admit the violation. Board
member Underwood asked if there is a way to overwright the system. Vonley Starkey responded no, that the
only way for the sale to proceed is either slipping or scanning the identification or manually entering the
birthday. Councilor Hardy mentioned there are places where they enter any date of birthday so there is no
really any accountability. Board member Prince asked about the violations and suspensions and Attorney
Kevin Coates explained.
Board member Thuon moved to approve the liquor license renewal application for Wills Investments VII LLC
d/b/a 7 Eleven #34209B. Vice Chairwoman Philips seconded the motion and the motion passed with a vote of
6 to 0. Board member Andrade was absent.
7. APPROVAL OF THE MINUTES FROM APRIL 12, 2022 MEETING
Video Start Time: 00:07:28
Board member Thuon moved to approve the liquor license meeting minutes for Tuesday, April 12, 2022 as
presented. Vice Chairwoman Philips seconded the motion and the motion passed with a vote of 6 to 0. Board
member Andrade was absent.
8. WRITTEN REPORT
8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
9. ADJOURNMENT
The Avon Liquor Authority meeting adjourned at 5:28 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority 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.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MAY 10, 2022
SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM)
RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Secretary
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
(970) 748-4001 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: June 5, 2022
Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be posted
for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or
requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to
refer the application to the Avon Town Council.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to May 10 2022, the Town has received 1 Renewal Application that has met all the requirements for
administrative review and approval and was ultimately approved by the Town Clerk. No comments, complaints,
or request for hearings were received. It is as follows:
Renewal:
Applicant: Cripple Creek Backcountry, INC d/b/a Cripple Creek Backcountry
Location: 82 E Beaver Creek Blvd #M102
Type: Beer & Wine (City)
Manager: Douglas Stenclik
OFFICIAL PROCLAMATION
DECLARING JUNE 15, 2022 AS
JUDGE CYRUS G. “BUCK” ALLEN III DAY
WHEREAS, Judge Cyrus G. “Buck” Allen III began his distinguished work with the Town of
Avon in May, 1982; and
WHEREAS, Judge Allen has been dispensing justice in Eagle County and our High Rockies for
over 43 years; and,
WHEREAS, Judge Allen has always been known as a wise jurist, with a commitment to support
the laws of the United States, Colorado and Avon, fairly and impartially; and
WHEREAS, during these forty years working in Avon, he has been a kind and equitable judge
to all citizens who appear in his courtroom; and
WHEREAS, Judge Allen’s courtroom demeanor is and has been, at all times, professional yet
still features humor and personal anecdotes, which helps to set defendants at ease. Judge Allen
treats defendants, witnesses, counsel, police officers, court staff and interpreters with the utmost
respect; and
WHEREAS, Judge Allen is well known for his demonstration of compassion and understanding
in his sentencing, working to fit the sentence, not only to the violation, but also to the individual
standing before him.
WHEREAS, Judge Allen has, for forty years, set a visibly high standard for all citizens and
residents as to the seriousness and importance of our justice system in our community,
NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
In honor of Judge Allen’s 40 years of dedication and service to the Town of Avon and its
citizens, we, the Avon Town Council, proclaim June 15, 2022 as “JUDGE CYRUS G.
“BUCK” ALLEN III DAY” in the Town of Avon, Colorado, and urge all Avon citizens to
congratulate and thank Judge Allen for his 40 years of public service to the community.
ADOPTED THIS 14th day of June 2022 by the AVON TOWN COUNCIL
By: Attest: ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
(970) 748-4049 gdaly@avon.org
TO: Honorable Mayor Smith Hymes and Avon Town Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police 2021 Annual Report
DATE: June 14, 2022
SUMMARY: Madam Mayor and Members of Avon Town Council, it is my pleasure to present the 2021
Avon Police Department Annual Report. This report showcases the excellent professional police services
that the men and women of the department deliver to our community and guests 24 hours each day, 365
days a year. It highlights the leadership that the men and women take in many community outreach
endeavors, and it also highlights the amazing collaboration we share with our partners in law enforcement,
the fire service, emergency medical services, medical and behavioral health.
DEPARTMENT OVERVIEW: The Avon Police Department (APD) is a full-service municipal law
enforcement agency responsible to protect and serve the citizens, residents, and guests of the Town of
Avon 24/7, with an official population of 6,072 (2020 U.S Census) rising to an estimated 10,000 seasonal
population. It should be noted that we believe that our Latino population was underreported during the
2020 census due to COVID and federal immigration enforcement concerns.
The Department consists of twenty (20) sworn police officers, one (1) part time police master sergeant,
three (3) non-sworn administrative employees, and two (2) part time seasonal (Summer) non-sworn
community response officer (CRO)/rangers. Council approved a second CRO/ranger position during the
summer of 2020, and we are currently trying to recruit a second ranger.
Page 2 of 31
Avon Police employees focus our collective attention on the Department’s Mission Statement “We serve to
better our community”, to our motto of “Count on Us” and to our Departmental Goals on a day-to-day basis
to ensure the safety and security of residents and visitors in our community.
We operate under our Oath of Honor and follow our core values of:
Benevolence (We are kind, compassionate and treat all with dignity and respect)
Unity (We are guardians and peacekeepers of our community)
Improvement (We constantly seek to improve ourselves individually and as a team)
Leadership (We inspire others through our actions and words)
Dedication (We are committed to our victims, to our community and to each other)
Our departmental main focuses are:
Be a trusted community public service agency for our citizens/ residents and guests, trusting that
when they reach out to us or when they are contacted by us, they will be respected for their
diversity, and we will respect their constitutional rights.
Respond to 911 citizen/resident/guest’s emergency calls in a safe and timely manner.
Professionally investigate crimes, prepare high level criminal prosecutions for the District Attorney’s
Office or for the Town Prosecutor and seek justice and healing for our victims.
Continue to enhance traffic safety. Seek behavioral change through educational interventions/
warnings but issue tickets/summons to those who egregiously disrespect community values/ laws
or to repeat offenders who did not change behavior from a previous warning.
Deter criminal activity through our patrol presence in our neighborhoods, on our streets and in our
business, districts.
Seek every opportunity to outreach to our community through as many community events that we
can manage.
Have a school resource presence as much as possible in our elementary school to foster a sense
of safety, security, and trust with our children.
The men and women of the Avon Police Department sincerely appreciate the
continued support of the Avon Town Council and Town Manager for the police
department and for their continued commitment to the public safety of our
citizens, residents, and guests.
ADMINISTRATION OF THE DEPARTMENT: The Avon Police Department is led by Police Chief Greg
Daly and Deputy Chief Coby Cosper. There are five front line supervisors; four Patrol Sergeants and a
Detective Sergeant. Each Patrol Sergeant oversees three (3) police officers (when fully staffed). The
twelve (12) Patrol Officers and four (4) Patrol Sergeants work 11.5-hour shifts on opposite ends of the
week. The Detective Sergeant supervises a detective, and they collectively investigate major crimes,
narcotic investigations and manage major programs such as police training. The part time master sergeant
has multiple responsibilities to include firearms range master, defensive tactics instructor, recruitment
background investigations, management of department in-service and SWAT training and special event
coordination.
Page 3 of 31
A SUMMARY OF SOME OF THE MORE SIGNIFICANT 2021 AND EARLY 2022 AVON POLICE DEPARTMENT EVENTS SHOW CASING THE HARD WORK, DEDICATION AND COMMITMENT THE
MEN AND WOMEN CONTRIBUTE TO THE AVON COMMUNITY
Avon PD remained open throughout the pandemic - The Avon Police Department remained
open throughout the two-year COVID-19 pandemic. The only law enforcement or town department
that was able to stay open throughout the pandemic. the Avon PD team has ensured continuity of
operations, protecting, and serving our citizens, residents, and guests.
EOC ESF 13 Rep - Deputy Chief Cosper was the law enforcement representative managing the
Emergency Support Function 13 (ESF13) at the Eagle County Emergency Operations Center
throughout the 2-year pandemic. He kept all law enforcement leaders updated on public health
order changes, formulating, and ensuring the dispersion of personal protective equipment to all law
enforcement in the county, communicating with our EMS and Fire Department partners and
updating standard operating procedures for police officers responding to routine calls and how to
respond to suspected COVID-19 cases. In addition, as part of the preparation for COVID-19 crisis,
Deputy Chief Cosper completed a Town of Avon continuity of operations plan for Town
governance.
“Alive at 25” - Detective Sgt. Jamison regularly instructs “Alive at 25” youth driver education
trainings at the police department. The training is funded by a Colorado Department of
Transportation (CDOT) grant.
Avon PD fleet now has six hybrid vehicles - We are awaiting two more vehicles replacing our
Chevy Tahoe’s (ordered last September). We aim to have a full hybrid fleet within the next 2 to 3
years as the older Chevy Tahoe’s are retired,
Avon PD has eight (8) military veterans currently serving in its ranks - We have two (2) US
Navy veterans, two (2) US Marine Corps veterans and four (4) US Army veterans. We thank the
men and women who have served their country and continue to serve their community. We
celebrated Veterans Day by remembering their service and their brothers and sisters who
sacrificed everything for this amazing country. We also remembered the sacrifice of the families
left behind.
Law Enforcement Immigrant Alliance - Avon PD as part of the Law Enforcement Immigrant
Alliance participated in the Catholic Charities and Law Enforcement Immigrant Alliance coat drive.
Avon PD was a collection point. APD continues to participate in the countywide Law Enforcement
Immigration Alliance, furthering relationships with our Latino community.
National Drug Take Back program - Avon PD participated in the National Drug Back Program.
We were happy to have participated in this excellent national program, ensuring that prescription
drugs don’t make it on the street and those same drugs don’t end up in our precious watershed.
Annual Food Drive - Avon PD assisted the kids at Avon Elementary on the annual food drive.
CALEA accreditation - Avon PD continues as a nationally accredited agency through the
Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Less than 1% of law
enforcement agencies in the US are accredited through CALEA. We are the smallest agency in
Colorado to be accredited through CALEA. In 2019 we completed year four of a four-year
accreditation assessment cycle. Under Supervisory Administrative Services Officer Krista
Jaramillo’s leadership, we were found to be 100% compliant to the Commission standards. The
accreditation reflects all the hard work that the men and women at the Avon Police Department
complete 24 hours a day, 365 days a year in service to better our community. We completed our
2022 annual assessment with a minor issue regarding the annual full load test of the generator at
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the Vail Public Safety Communications Center (VPSCC). We contract for dispatch services with
VPSCC but are held to the same standard as if it was our direct dispatch center. Town of Vail
plans on conducting a full load test this coming summer.
Vail Valley Salvation Army - Avon PD officers on a weekly basis assist in unloading food supplies
from the Food Bank of the Rockies truck back at the Vail Valley Salvation Army office in Avon.
Avon Police were honored to assist with the delivery of Thanksgiving Food packages on behalf
of the Vail Valley Salvation Army.
(GRANITE) Drug Task Force - Avon PD officers and detectives continue to work collaboratively
with the Gore Range Narcotics Interdiction Team (GRANITE) drug task force comprising of Eagle
County Sheriff’s Office and Vail PD task force detectives in apprehending and prosecuting drug
dealers out of our community.
Treetop Forensic Interview and Child Advocacy Center - Sgt. Holmstrom continues as a
founding member of the steering committee for the Treetop Forensic Interview and Child Advocacy
center based in Breckenridge for the 5th Judicial District. He has worked on setting up the center
through funding from a variety of governmental sources. The Town of Avon through the Avon
Police Department budget is contributing $5,000 annually to the program for child forensic
interviews. In addition, Avon PD contributes $5,000 to the other child advocacy center, Riverbridge
in Glenwood Springs. We utilize both centers for forensic interviews for children who have been
victims of sexual assault, assault, neglect, or abuse.
Law Enforcement Ski Program at Beaver Creek - The Avon Police Department, in partnership
with Vail Resorts, and through an Eagle County Sheriff’s Inter Governmental Agreement,
participated in another great season of the Law Enforcement Ski Program at Beaver Creek. This
program allows officers to ski as police officers and assist the Sheriff with operations on the
mountain during an off duty/secondary work agreement. The officers are compensated a ski-pass
for participating in the program. The season continues to be very successful with lots of great
community interactions and very positive feedback from ski resort employees.
Speak Up Reach Out Suicide Prevention - Chief Greg Daly continues as the board president and
actively participates with the Speak Up Reach Out Suicide Prevention Coalition. Chief Daly also
participates in the Total Health Alliance, the Mental Health Advisory Committee to the Eagle
County Board of County Commissioners and serves on the advisory board to Eagle Valley
Behavioral Health.
Facebook - We continue to increase our Facebook social media presence to a current milepost of
over 3,900 followers of the Police Department Facebook page.
Departmental Chaplains - Pastor Nate and Pastor Michael from Mountain Life Calvary Chapel
continue as our departmental chaplains. They provide both religious and secular counselling to our
officers dealing with the stress and trauma of the profession.
Mental Health Wellness - Avon PD with our other law enforcement partners have engaged Code
4 Counselling out of Lone Tree to provide mental health services both for resiliency and direct
counselling services to our officers. They provide counselling services to officers throughout Eagle
County. These services are currently provided though a state Department of Local Affairs funded
grant. We completed two days of wellness checkups with all of our staff. This was mandated by
and included Chief Daly.
800 MHz radio Governance - Chief Daly also serves as the vice president of the county wide 800
MHz radio governance committee, managing the countywide radio system.
West Wildridge Evacuation exercise in May 2022 - Avon Police Department with our partners
from the Town of Avon Public Works and Transit, Eagle River Fire, Colorado State Patrol, Eagle
County Paramedics, Vail Valley Salvation Army, Eagle County Emergency Management/Human
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Services and Vail Communications Center conducted our annual West Wildridge Evacuation
exercise in May 2022. We practiced the alternative evacuation routes west of the subdivision
through Forest Service connector road 717.1B. We also activated the emergency alerting siren in
North Wildridge.
SWAT - Avon PD officers continue to serve as part of the multi-agency Eagle County Special
Operations Unit (SOU). The SOU team responded to El Jebel/Basalt area to assist Eagle County
Sheriff’s office in resolving a criminal barricade. After hours of negotiating, the subject surrendered
and was placed in custody without incident.
Active Shooter Response Training - APD organized and co-hosted our annual countywide active
shooter response training and collectively trained officers, deputies, Colorado State Troopers,
Firefighters, and paramedics.
National Night Out - Avon PD hosted three different National Night community parties in 2021
Harry A. Nottingham Park Community response officer (CRO)/Rangers - APD completed
another summer season with two seasonal part-time, non-sworn community response officer
(CRO)/ rangers educating our community and guests regarding Nottingham Park rules and
etiquette for a more family friendly experience at the beach.
Gore Range DUI Task Force - APD continues to partner in the Gore Range DUI Task Force. DUI
enforcement is a top traffic safety priority for the men and women of the Avon Police Department.
Rocky Mountain Accreditation Network (RMAN) - Supervisory Administrative Services Officer
Krista Jaramillo continued as the president of the Rocky Mountain Accreditation Network (RMAN),
our regional representative body for law enforcement CALEA accreditation.
Police Bike Class - Avon PD conducted a police bike school for Avon police officers.
Police Drone - Five Avon Police officers completed their Federal Aviation Administration (FAA)
Part 107 Exemption training to pilot the drone for emergency use and occasionally for some very
nice Town of Avon scenic footage.
Crisis Intervention Training (CIT) - Seventeen (17) of current twenty-one (21) Avon Police
Officers have completed a 40-hour Mental Health Crisis Intervention Training (CIT), a nationally
recognized verbal de-escalation course, whilst also increasing officer’s knowledge and sensitivity to
mental health crises. CIT training is a department priority for all new police officers.
5th Judicial District’s V.A.L.E. (Victims Assistance and Law Enforcement) board - Deputy
Chief Cosper serves as a board member on the 5th Judicial District’s V.A.L.E. (Victims Assistance
and Law Enforcement) board, managing the 5th Judicial District’s dispersal of funds accrued by the
court system in the support of victims.
School Resource Officer Program at Avon Elementary School - Avon Police officers continue
to deliver positive police interactions and education to the children at Avon Elementary. Sergeant
Bal Herrera and Officer Colleen Gaspard, our School Resource Officers, continue to provide
classes to students, parents and staff at the Avon Elementary School and continue to have a great
working relationship with Principal, Dana Harrison. Sergeant Herrera and Officer Gaspard perform
school resource duties within their patrol officer shifts as a collateral duty.
Latino and Citizen Police Academies - APD successfully hosted the 13th Annual Avon Police
Citizen’s Academy and the 9th Annual Latino Avon Police Citizen’s Academy. Both academies
were hosted in conjunction with other Eagle County Law Enforcement agencies. Students covered
the following topics over the eight weeks of both academies:
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o State of the Police Department & Crime and traffic enforcement in Avon; Crime Scene
Investigation (CSI), participants had a hands-on experience investigating a crime scene
o Firearms Training Simulator (FATS); participants were given computer simulations of shoot or
don’t shoot situations and were required to react as a police officer in compliance with the use
of force policy and also driving police vehicles on a closed controlled course at the Beaver
Creek Bear Lot
o Drug Recognition and DUI enforcement; participants learned how to evaluate the sobriety of an
individual and perform tests on an intoxicated person
o S.W.A.T.: participants learned about the Eagle County Special Operations Unit. Self Defense:
participants were taught basic self-defense techniques
o Tour of the Eagle County Combined Courts/Justice Center and they met with District Judge
Dunkelman and Eagle County Victims Advocate Deena Ezzell
o Education lecture on Vail Public Safety Communication Center
o An evening with firearms instructors at the Eagle County Sheriff’s Wolcott Range and
graduation
Your Hope Center - Avon PD, other law enforcement and Eagle County Paramedics work in
concert with Your Hope Center on crisis calls throughout Eagle County. This program offers crisis
response clinicians who co respond with Eagle County Community Paramedics and Avon PD
officers to the scene and endeavor to stabilize a mental/behavioral health situation in the home
rather than transporting to the emergency room and/or mental health hospital. Avon PD as part of
our council approved budget provides $19,500 in funding for this incredibly important mental health
resource.
Eagle County First Responders Fund - Chief Daly sits on the board of the Eagle County First
Responders Fund. This is an organization dedicated to providing financial assistance to first
responders when they are in a time of need.
Police Memorial Week in Washington D.C. - Officers Mackey and Sandoval were honored to
attend the Police Memorial Week celebrations and memorial in memory of those police officers
lost. They proudly represented the Avon Police Department and the Town of Avon.
Annual Avon Liquor Licensee meeting - APD hosted our Annual Avon Liquor Licensee meeting
virtually via zoom. Chief Daly and Agent Lisa Maestas, Colorado Department of Revenue Liquor
and Tobacco Enforcement Division provided updated legal licensee related information.
Colorado Police Officers and Standards Training - Chief Daly serves on the board of the
Colorado Police Officers and Standards Training regulatory body for policing in Colorado.
Colorado Task Force on Drunk & Impaired Driving - Chief Daly was appointed to the statewide
DUI and impaired driving taskforce as a representative from the Colorado Chiefs Association. This
is a Governor’s appointment as part of a legislatively enacted task force.
Hiring - after a comprehensive hiring process, we successfully hired two new police officers, John
DeGhetto, and Michael Emery. John and Michael are currently attending the Colorado Law
Enforcement Training Academy at the Breckenridge Colorado Mountain College Facility. They will
graduate in August and will be solo in February 2023. We hired a lateral female officer, Therese
Reno from the Eagle County Sheriff’s Office patrol division and she just graduated from our Field
Training Program. We have one more officer to hire, for an officer who is leaving after 15 years,
who is moving to Arizona.
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Shop with a Cop - In December, the Avon Police Department with assistance from Eagle River
Fire Engine 7 Company, and community volunteers hosted a very fun “Shop with A Cop”
experience for twenty (20) of our local kids. We shopped with them at Walmart and then enjoyed a
delicious meal while wrapping presents at the Westin Riverfront Resort. They finished off the night
with sweet treats from the El Bajon Churro truck.
Firearms and Use of Force Simulator - We installed a firearms and use of force simulator at the
police department. Avon PD Officers have received decision making use of force training. We
have also had our Latino and Citizens academy students go through this very insightful training.
Colorado Special Olympics Support - We completed a Polar Plunge on October 30 in the Harry
A. Nottingham Park Lake. Another successful fund-raising event for our special cause, the
Colorado Special Olympics. We also participated in the “Tip a Cop” event at the Lancelot in Vail
raising further monies for the Colorado Special Olympics. Finally, we supported the torch run In
Edwards.
Therapy K-9 Nova (formerly known as Dottie) - School Resource Gaspard attended a weeklong
school in Florida where she companioned with K-9 Nova as Avon PD’s first therapy K-9. Nova’s
mission is threefold 1. Therapy for children and special needs children at Avon Elementary School
2. Assistance to crime victims during interviews 3. Therapy resource for Avon Police Officer and
other agencies when needed for mental health support for the day-to-day job and more specifically
for the traumatic calls that our officers deal with 365 days of the year.
Colorado Peace Officers Ski Race March 25 - Avon PD ski racers won Men’s Team 3rd,
Women’s Ski Racer 1st, Men’s ski racer 50 and over 1st
Detective Hernandez was invited to present at “Toma Mi Mano Kids” one of the programs from
the Vida Foundation USA. The program serves the children of the Eagle Valley. It provides after-
school meals and courses designed to help children identify and learn leadership skills for success
in life.
My Future Pathways - Sgt. Herrera and Det. Hernandez provided a presentation on Domestic
Violence & Sexual Offenses to My Future Pathways adult group. The class was very appreciative
of the information provided.
Vail Valley Latino Show - Sgt. Bal Herrera and Detective Alan Hernandez participated en Español
on the inaugural show aimed at our Latino community.
Sergeant Herrera and Detective Hernandez were proud to assist the Corazon de Mujer/Hearts
Reign Organization with teaching a basic self-defense class.
Kids, Cops and Hoops- Officer Brad Stamp kicked off the program after a near two-year COVID
hiatus. He had up to 20 local Avon kids playing basketball at Avon Elementary School on Tuesday
nights
Donation to the Ukraine Defense via Governor’s Office - Avon PD provided retired ballistic
armor, rifle ballistic plates, helmets, and gas masks to the Ukrainian people.
Police intern/ranger - We enjoyed interning Ranger Holly Swofford from January to May. She
learned a lot and we learned from her. Unfortunately, she decided that she wants to pursue her
career in a smaller jurisdiction in North Carolina. We miss her but wish her well and success in her
future law enforcement career.
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Marshall fire assistance - Officer John Mackey spent two days assisting Louisville PD with
protection and patrol of the burned neighborhoods. We were honored to assist another community
in pain.
Liftview structure fire response and investigation - We responded and evacuated the Liftview
buildings during the structure fire. Thankfully no person was injured or worse. We jointly managed
accommodating the evacuees with Eagle River Fire, Vail Valley Salvation Army, Town of Avon and
the Red Cross.
Sunridge Structure Fire - Avon PD responded to and evacuated a Sunridge building during a
structure fire at that location. Thankfully no person was injured or worse. We jointly managed
accommodating the evacuees with Eagle River Fire, Vail Valley Salvation Army, Town of Avon and
the Red Cross.
Retirement of Master Police Officer Lundblade after 22 years - At our annual department
dinner and photographs, we celebrated the retirement of Master Police Officer Lundblade.
Promotion of Master Sergeant Dammen - promoted with a combination of over 20 years of
police service with at least 10 as a police sergeant.
Promotional processes - Sergeant Herrera and Detective Hernandez competed in very
competitive promotional processes and were subsequently promoted to Sergeant and Detective
respectively.
New Officers - We have witnessed the academy graduations of new officers Villegas, Zarate, and
Hernandez. We celebrate having three additional Latino officers, with two speaking Spanish join
our ranks. Officer Villegas has been solo on the street, doing an amazing job and Officers Zarate
and Hernandez are nearing completion of their field training program.
Faith and Blue Weekend - Avon PD with pastors from Mountain Life Calvary Chapel participated
in Coffee with a Cop at Starbucks, Hurd Lane during the Faith & Blue weekend. Faith & Blue is a
powerful initiative that builds bridges to more inclusive communities by connecting law
enforcement, faith leaders and the community
Pride in the Park 2021 - Avon PD provided support and security presence at the Pride in the Park
Weekend. We also draped the Rainbow flag at the PD in solidarity and as an ally with our
LGBTQIA community members.
Public Safety Leadership Development - Newly promoted Supervisory Administrative Services
Officer Krista Jaramillo completed a public safety executive leadership course though the
University of Denver, Daniels School of Business.
Saving a life - Master Police Officer Lundblade and Officer Zepeda while off duty employed CPR
at Denver International Airport and saved a life.
Boulder PD Hero Officer Eric Talley - An Avon PD sergeant Attended the funeral of Boulder PD
Hero Officer Eric Talley
Eagle County Reserve academy - Master Sergeant Dammen is the academy director for the
Eagle County Reserve academy, based out of Avon PD. He facilitated running a reserve academy
over a six-month period. He started with three reserves and ended with one, who satisfactorily
graduated. Deputy Todd Burpo is now a reserve deputy for the Eagle County Sheriffs as well as
serving as their department chaplain.
Extreme Risk Protection Order (ERPO) AKA Deputy Zachari Parrish III Violence Protection
Act (Red Flag Law) - The Avon Police Department applied for and were granted a Temporary
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Extreme Risk Protection Order (TERPO) and a subsequent 364-day Extreme Risk Protection
Order (ERPO) was granted. This was the first Law Enforcement Agency TERPO and ERPO
granted in Eagle County.
2020 SENATE BILL 217 and 2021 HOUSE BILL 1250 UPDATE
On June 19, 2020, Governor Jared Polis signed Senate Bill (SB) 2020-217 into law. On July 6, 2021,
Governor Polis signed House Bill (HB) 21-1250 into law.
SB 20-217 is known as the Enhance Law Enforcement Integrity bill. The bill was introduced and passed
within a very fast two-week period. The bill emanated partly as a response to the tragic murder of George
Floyd at the hands of Minneapolis Police Officers. There was a lot of emotion in the passing of the bill, and
it generally would be agreed that because of its speed of process, it contained some ambiguous and
undefined language that needed to be corrected.
HB 21-1250 was touted as a remedy bill to address some of the aforementioned ambiguous and undefined
language. HB 21-1250 is described as the “Measures to Address Law Enforcement Accountability” bill. It
did correct some of the 217 issues and made changes to some of its provisions but expanded with
additional accountability requirements. The act clarified some of the circumstances when a body-worn
camera must be operating, and provisions related to the release of the footage. The act changed the
requirement that body-worn camera recordings be released within 21 days from the date of the complaint of
misconduct to within 21 days from the date of the request for the video recording.
SB 217 required law enforcement to report certain information related to each contact an officer has with a
person beginning January 1, 2023. The act changes the start date of the reporting requirement to April 1,
2022. The act clarifies and adds to some of the information that must be reported.
The act prohibited a peace officer's employer or the employer's agent from discharging; disciplining;
demoting; denying a promotion, transfer, or reassign; discriminating against; harassing; or threatening a
peace officer's employment because the peace officer disclosed information that shows: a danger to public
health or safety or a violation of law or policy committed by another peace officer.
Peace officers are required to intervene to prevent or stop unlawful force by another peace officer; the act
clarifies the duty only applies to officers while on duty.
The act requires that prior to hiring a new employee, appointing a new employee, or transferring an existing
employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the
person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database
and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T.
certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer.
The act clarified and added to some of the information required to be included in the P.O.S.T. board
database related to peace officer misconduct. The act required the P.O.S.T. board to adopt procedures to
allow a peace officer to seek review of the officer's status in the database.
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The act required a governmental entity that encrypts its radio communications to adopt an encryption policy
to provide access to unencrypted radio transmissions for members of the media.
The act required the attorney general to convene a study group to study procedures related to the use of
no-knock entry warrants and forced entry (https://leg.colorado.gov/bills/hb21-1250)
The Northwest Colorado Council of Governments completed a research document on behalf of its
membership to provide a regional perspective to local policy decisions being made in response to SB20-
217. Some of the discussion referenced in this section is derived from the completed report, “Regional
Impacts to Law Enforcement, SB20-217 Use of Force Bill”. The document was also supported by the
Colorado Department of Local Affairs and the Town of Avon’s insurance carrier, Colorado
Intergovernmental Risk Sharing Agency (CIRSA). The foreword was completed by Jon Stavney, Executive
Director for the Northwest Colorado Council of Governments. The research was completed by Heather
Aracelli Coogan, retired Chief of Police for Littleton, CO.
The bill covered several important issues involving law enforcement including the revocation requirements
of a peace officers’ certification, use of force and deadly force, prohibited use of choke holds to subdue or
arrest, demographic data collection, removing qualified immunity, peace officer training, duty to report and
to intervene, body worn cameras and prohibited law enforcement actions in response to protests.
However, for the most part the bill enacted some forward-thinking concepts regarding policing in Colorado
and was a first in the United States.
I am glad to report that many aspects of the bill were already incorporated in the Avon Police Department’s
policies, procedures, and training. In fact, we had to make small subtle changes to comply with some
aspects of the new law.
Our Commission on Accreditation for Law Enforcement Agencies (CALEA) accreditation had ensured that
we had many policies and practices already in place.
There were subtle changes to our use of force policies: The intent of SB217, was to ensure that law
enforcement officers utilize whenever possible verbal de-escalation and less lethal levels of force before
using lethal use of force. Our Use of Force requirements already required officers to formally report
whenever a firearm was pointed at or used or when a less lethal shotgun or taser was pointed at or used
against a person. Chokeholds are banned for restraint and arrest control situations but can only be used in
a lethal force situation when saving an officer’s life or member of the public.
SB217 required accountability through the use of bodycamera by July 1st, 2023: The Avon Police
department has had a bodycamera program since 2015. In fact, we were the first law enforcement agency
in Eagle County to issue body cameras to all officers. Bodycameras have been an excellent tool for police
accountability, for evidence capture in the prosecution of criminal cases, for internal training and at times
for internal professional standards investigations. Unlike Vail PD, Eagle County Sheriff’s Office, or the
Colorado State Patrol we did not have in car cameras. However, the Avon Town Council had the vision to
approve in-car camera systems to further increase accountability and transparency in our dealings with our
community. The in-car cameras now capture the initial traffic violation and any and all actions by offenders
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as they sit in the rear detainee compartment of our police vehicles during transports to the Avon Police
Department or to the Eagle County Detentions Facility. Additionally, the new upgrade to the in-car
cameras, can capture license plates via License Plate Reader (LPR) technology and store the license
information for thirty (30) days. There is a dual benefit. If we are responding to an emergency call, the
LPR can read plates leaving an area that may be linked to a crime. The LPR will alert officers to Amber,
Silver or Medina alert vehicles and also to stolen vehicles.
The training staff at the Avon Police Department take pride in our ongoing in-service training: We
train on a quarterly basis in every aspect of community policing. We have an annual matrix to ensure that
we cover all Colorado Police Officer and Standards Training (POST), CALEA and the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) required and recommended trainings to include; de-
escalation training, community policing/community partnership, anti-bias, proper holds and restraints,
driving, firearms, arrest control/defensive tactics, less lethal weapons, CALEA update, legal/ search and
seizure updates, all hazards/ incident command, CPR/first aid, ethics, crisis intervention de-escalation
updates, immediate action response, Truckers against Trafficking, sexual/workplace harassment and
response to active threat/shooter events. This is not an all-inclusive list.
Data collection reporting requirements: Beginning April 1, 2022, the combined acts required the
Division of Criminal Justice (DCJ) in the Colorado Department of Public Safety to create an annual report of
the information that is reported to the division, aggregated, and broken down by state or local agency that
employs peace officers, along with the underlying data. Each local agency and the Colorado state patrol
that employs peace officers shall report to the division:
• All use of force by its peace officers that results in death or serious bodily injury.
• All instances when a peace officer resigned while under investigation for violating department
policy.
• All data relating to contacts conducted by its peace officers; and
• All data related to the use of an unannounced entry by a peace officer.
The Avon Police Department has been collecting data for all of our traffic stops for years as part of our
CALEA accreditation. We complete an annual report tracking the ethnicity of all of our traffic stops. The
purpose of the report to identify any negative trends or patterns that would suggest racial/gender profiling or
bias based policing. I am very happy to report that the Avon Police department does not make traffic stops
or pedestrian contacts based solely on race, gender, sexual identification, religious belief, or ethnicity.
SB217 when passed required law enforcement agencies to immediately begin to capture the ethnicity
information on self-initiated traffic stops and pedestrian contacts with a legal objective to report the ethnicity
of all self-initiated traffic stops and pedestrian contacts to the Colorado State Department of Criminal
Justice. The bill surprised many agencies that had not been accumulating this type of information in the
past. Additionally, the bill did not specify how the information should be collected and ultimately how and in
what format, that information would be submitted to the DCJ originally starting in July 2023 but was
subsequently changed to May 2022 (HB 2021-1250).
Community policing: as documented throughout this report, community policing is the backbone of what
Avon Police Officers do twenty-four (24) hours a day. We conduct comprehensive community outreach
activities throughout the year.
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Crisis Intervention Training (CIT): is a priority of the Avon Police Department. 90% of all currently
serving police officers have completed the forty (40) hour crisis intervention training. We have two officers
in training that will complete the training as soon as the next course becomes available.
Dealing with mental health: APD has made it a priority to identify mental health crises as medical events
and not criminal events. APD was the first agency in Eagle County to say “no” to transporting community
members who were in mental health crisis, in handcuffs and in police cars, as was the previous protocol for
mental health transports. We worked collaboratively with our law enforcement, EMS, hospital, and
behavioral health partners and have evolved much better procedures in dealing with mental health crises.
The Avon Police Department was one of the partners in bringing the Eagle Valley Hope Center, now Your
Hope Center into operation into Eagle County. The Town of Avon/PD contributes $19,500 towards their
annual operation. We practice a co-responder model of involving a Your Hope Center clinician and an
Eagle County Community Paramedic at the earliest juncture on a mental health crisis call. Police Officers
are usually the first to be dispatched to an event and respond to ensure a person is not actively trying to
harm/ kill themselves or others. We then call in the clinician and community paramedic as soon as it is safe
to do so and conduct a “warm hand off” to their staff and then we extricate ourselves from the scene unless
needed. This new paradigm shift directly ties in with Avon PD’s values and focuses on treating a person in
mental crisis as a medical patient and not as a criminal. In 2021, Avon police officers responded to.
91 Welfare Checks
8 Mental Health Holds
49 Suicidal calls
76 Calls for Service directly related to Hope Center
2 Safe2Tell
(Note: there was some cross over between the Your Hope Center, Safe to Tell, suicidal calls and welfare
checks)
Hiring practices: A lot of the terrible criminal events involving police officers throughout the United States
can be associated with the hiring practices and the culture of those departments. I am glad to report that
the Avon Police Department has had and continues to maintain very high hiring standards. We are a small
department, but we prioritize budget to send a sergeant out of state to interview former employers, friends,
family, and next-door neighbors of prospective out of state employees. We also complete a very
comprehensive background integrity interview, a polygraph, a psychological evaluation by a trained police
psychologist, a physical fitness test, a medical physical exam, an oral broad interview and finally a Chief’s
interview. This process is very robust to ensure we hire individuals that are going to fit into and thrive in the
values and culture of the Avon Police Department and that of the Town of Avon community.
Virtual simulator: Avon Police Officers have trained on use of force firearms simulators in the past. We
have trained on the Colorado Bureau of Investigations VITRA 360% simulator in Grand Junction. We have
also borrowed a simulator from both Breckenridge PD and Snowmass Village PD. Town Manager Eric Heil
had an opportunity to train on a borrowed simulator in 2020 and recognized the unique training value of a
simulator. The Avon Town Council with vision, approved the joint purchase of a firearms simulator with the
Eagle County Sheriff’s Office that is permanently mounted in the briefing room at the police department. In
respect to SB217, the simulator creates stress inoculation scenarios for officers so that they make better
use of force decisions. The simulator has verbal de-escalation, less lethal force, and lethal force scenarios
to help officers more accurately analyze a use of force encounter and in turn it aids the officer in
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determining the right use of force option for the circumstances presented to them. The simulator is used by
Avon Police Officers and Eagle County Sheriff’s Deputies on a 24-hour basis. The simulator is offered to
our partner law enforcement agencies in Eagle County.
Removal of qualified immunity both for officers and for municipalities: The act allowed a person who
has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a
peace officer, to bring a civil action for that violation. A plaintiff who prevails in a lawsuit is entitled to
reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for
defending any frivolous claims. Qualified immunity is no longer a defense to a State civil action. There are
two sides to this argument. There is the argument that says that officers cannot be protected by a shield of
qualified immunity, and if an officer has broken the law, he or she will be personally liable for
costs/damages up to $25,000. The act requires a political subdivision of the state to indemnify its
employees for such a claim; except when the peace officer's employer determines the officer did not act
upon good faith and there is a reasonable belief that the action was unlawful, then the peace officer is
personally liable for five (5) percent of the judgment or $25,000, whichever is less. Unless the judgment is
uncollectible from the officer, then the officer's employer satisfies the whole judgment. A public entity does
not have to indemnify a peace officer if the peace officer was convicted of a criminal violation for the
conduct from which the claim arises. On the other hand, this legislation potentially opened officers up for
frivolous lawsuits and could ultimately decertify that officer from working as a police officer, even if the
officer did not knowingly do wrong. The other effect of this bill is to remove limits from what a town or city
can pay by way of damages and in turn could lead to increased insurance costs. The Colorado State
Patrol (CSP) and the Colorado Bureau of Investigation (CBI) were previously excluded from this legislation
because the fiscal note was not budgeted for. However, CSP and CBI were included in House Bill 2021-
1250.
The act requires a peace officer to intervene when another officer is using unlawful physical force and
requires the intervening officer to file a report regarding the incident. If a peace officer fails to intervene
when required, the Police Officers and Standards Training Board (P.O.S.T.) shall decertify the officer.
If any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the
unlawful use or threatened use of physical force or the failure to intervene in another officer's use of
unlawful force or is found civilly liable in either case, the Colorado P.O.S.T. board shall permanently revoke
the peace officer's certification. The Colorado P.O.S.T. board shall not, under any circumstances, reinstate
the peace officer's certification or grant new certification to the peace officer unless exonerated by a court.
(https://leg.colorado.gov/bills/sb20-217)
Page 14 of 31
Avon Police Department Org Chart 2022
AVON PD 2021 ANNUAL OFFICER USE OF FORCE CHART
Avon Police Officers attend to thousands of calls for service each year, in fact 20,253 in 2020 (26,741 in
2021). Avon Police Officers interact with thousands of persons on an annual basis. Avon PD officers
respect all persons and protect all person’s rights as part of their day-to-day activities. Given the massive
number of interactions, I am glad to report that Avon PD officers rarely have to use force, while detaining or
arresting offenders. Avon Officers are competently trained in verbal de-escalation techniques. In 2021,
Avon Officers made 321 arrests, either by the issuance of a summons and subsequently releasing that
person or physically placing that person in custody either to transport that person to the Avon Police
Department for processing or for transport to the Eagle County Detentions Facility for booking. With those
statistics in mind, in 2021, Avon Police Officers used some level of force on sixteen (16) occasions (up from
13 in 2020 and consistent with 16 in 2019) either by using limited physical force, by pointing their taser or
firearm at a subject based on information provided to the officer via our dispatch center, previous contact
interaction with an offender or on view sight of a weapon. There were reports of minor scratches and or
scrapes to suspects during three (3) of the use of force encounters where suspects resisted with officers.
One officer reported abrasions, swelling and stiffness in a knee after a fall during a foot pursuit. There were
no other serious injuries reported either to the suspect or to the officers involved. There was no use of
force complaints against Avon Police Officers in 2021.
Page 15 of 31
2021 FORCE AVOIDANCE/ USE OF DE-ESCALATION/ USE OF FORCE LOG
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Assist
Attempting to Injure Self,
Reported to be Armed,
Dangerous Fleeing Felon
Mental
Impairment
Weapons
Directed 2345 Saturday N/A N/A unk W M
DUI N/A ETOH
Verbal De-
Escalation 2303 Saturday n/a n/a
Arrest,
S+R W F
Traffic
Stop
Reported to be armed with a
deadly weapon, stolen motor
vehicle None
Weapons
Directed 2016 Monday n/a n/a Arrest W F
Traffic
Stop
Reported to be armed with a
deadly weapon, stolen motor
vehicle None
Weapons
Directed 2016 Monday n/a n/a Arrest W M
Traffic
Stop
Reported to be armed with a
deadly weapon, stolen motor
vehicle None
Weapons
Directed 2016 Monday N/A N/A Arrest W M
Traffic
Stop
Reported to be armed with a
deadly weapon, stolen motor
vehicle None
Weapons
Directed 2016 Monday N/A N/A Arrest W F
Traffic
Stop
Reported to be armed with a
deadly weapon, stolen motor
vehicle None
Weapons
Directed 2016 Monday N/A N/A Arrest W F
Traffic
Stop
Reported to be armed with a
deadly weapon, stolen motor
vehicle None
Weapons
Directed 2016 Monday N/A N/A Arrest W M
Traffic
Stop
Defensive Resistance,
Psychological Intimidation ETOH
Soft Hands,
Verbal De-
escalation 2051 Sunday N/A N/A Arrest W M
Agency
Assist Dangerous Fleeing Felon
Drug
Impairment
Weapons
Directed 1216 Wednesday N/A N/A Arrest W M
Contact Defensive Resistance
Drug
Impairment
Verbal De-
Escalation, Soft
Hands, RIPP,
Limited Hard 2241 Sunday N/A N/A Arrest H M
Contact Defensive Resistance
Drug
Impairment
Verbal De-
Escalation, RIPP,
Limited Hard
Hands 2241 Sunday N/A N/A Arrest H M
Menacin
g
reported to be armed with a
deadly weapon None
Weapons
Directed 1835 Wednesday N/A N/A N/A H M
Theft
Defensive resistance,
Psychological
intimidation,reported to be
armed with a deadly weapon
Drug
Impairment
Weapons
Directed, Taser
Deployed 2247 Monday
Minor wound
from single
taser probe to
the back
Multiple
Abrasion
s,
Swelling, Arrest W M
Theft
Defensive resistance,
Psychological
intimidation,reported to be
armed with a deadly weapon
Drug
Impairment
Weapons
Directed 2247 Monday
Minor wound
from single
taser probe to
the back N/A Arrest W M
Agency
Assist Active Agression
Mental
Impairment,
Juvenile
Verbal De-
Escalation 1717 Monday N/A N/A N/A W F
Disturba
nce in
Progress UNK
Mental
Impairment
Verbal De-
Escalation 2019 Saturday N/A N/A N/A W M
Noise
Complain
t Defensive Resistance
Etoh, Drug
Imairment
Verbal De-
Escalation,
Weapons
Directed, Soft
Hands oo37 Thursday N/A N/A Arrest W M
Burglary
in
Progress none ETOH
Weapons
Directed 2125 Thursday N/A N/A N/A W F
Trespass
Defensive Resistance,
Psychological Intimidation ETOH
Verbal De-
Escalation, Soft
Hands 1819 Saturday
Complaint of
shoulder
injury N/A Arrest H M
Trespass
Defensive Resistance,
Psychologicla Intimidation ETOH
Verbal De-
Escalation, Soft
Hands 1819 Saturday
Complaint of
Shoulder
Injury N/A Arrest H M
Fight in
Progress
Defensive Resistance, Active
aggression ETOH Soft hands, Taser ooo5 Sunday
Scraped
Knees, Split
lip, Head
Injury N/A Arrest W M
Burglary
reported to be armed with a
deadly weapon Drug Impairment
Weapons
Directed 2342 Saturday N/A N/A Arrest W F
Burglary
Reported to be armed with a
deadly weapon, stolen motor
vehicle Drug Impairment
Weapons
Directed 2342 Saturday N/A N/A Arrest H M
Civil
Standby/
Medical
Sbject attempting to injure
self Drug Impairment
Weapons
Directed 1758 Thursday N/A N/A N/A W M
Civil
Standby/
Medical
Subject attempting to injure
self Drug Impairment
Weapons
Directed 1758 Thursday N/A N/A N/A W M
Civil
Standby/
Medical
Subject attempting to injure
self Drug Impairment
Weapons
Directed, Soft
Hands 1758 Thursday N/A N/A N/A W M
Page 16 of 31
PROFESSIONAL STANDARDS/ INTERNAL AFFAIRS INVESTIGATIONS
As previously mentioned, Avon Police Officers conducted 1,680 traffic stops and had thousands of
citizen/resident/guest interactions in 2021. There were four (4) professional standards reviews/complaints
in 2021. The four (4) complaints were internally generated based on patrol vehicle collisions and damage
sustained to a patrol vehicle from a tow truck. Officers hit a delineator post when pulling out for a traffic
stop, hit a running board off a rock while searching for a domestic violence suspect and reversing into a
rock and cracked a light housing. All accident professional standard inquiries were sustained and led to
counselling and if required the officer completed Colorado Intergovernmental Risk Sharing Agency (CIRSA)
defensive driving training. In the fourth instance, a tow truck driver inadvertently caused damage to one of
our patrol vehicles. Our officer was not at fault. Avon PD officers receive drivers training very year to
include safe reversing. I am very happy to report that we did not receive any external citizen/resident/guest
complaints in 2020. Avon Police Officers are not perfect, but we endeavor to maintain high professional
standards and treat all with dignity and respect their race, gender, sexual identification, religious beliefs, or
ethnicity.
2021 ANNUAL REPORTING OF CRIME AND TRAFFIC STATISTICS
I would again like to preface that the following statistical information, should in no way minimize the hurt
and trauma that every victim experiences as the victim of a person or property crime. An increase or
decrease in a particular crime category should not take away from our commitment to seek justice for every
victim in every instance. We continue to believe that our continued success in keeping crime rates low in
Avon is supported by high visibility patrol, community engagement and trust building with our residents and
guests.
The Avon Police Department is committed to “serving to better our community” through reducing crime and
improving traffic/community safety through community partnerships, education, and by enforcement of
laws. This document contains year-to-year historical crime reporting and traffic data, which highlights highs
and lows in activity. There are many variables that contribute to crime and traffic crashes: such as COVID -
19 pandemic, weather, staffing, training, philosophy, prioritization, special events, population, economy,
etc. Secondly, this memorandum contains 2021 crime/traffic data as compared to 2020 and 2019. Lastly,
additional programs and community projects that the Avon Police Department is currently working on are
documented.
YEAR-TO-YEAR CRIME/TRAFFIC REPORTING
The Avon Police Department captures a wide variety of data and statistics for a variety of reasons. Crime
data is sent to the Colorado Bureau of Investigation (CBI) and in turn to the Federal Bureau of Investigation
Professional Standards Inquiry/ Internal Affairs Case Log
Page 17 of 31
(FBI) for documentation in the National Incident-Based Reporting System (NIBRS). NIBRS collects data on
forty-six (46) Group A and ten (10) Group B offenses.
The Avon Police Department compares statistical data against the Annual Benchmark Cities Survey, which
is a nearly two decade long comparative police performance analytics survey. In 1997, a group of police
chiefs from around the country established the benchmark cities survey, which created measurement tools
to help ensure police departments provide the best service possible within their respective communities.
Overland Park Police Department (KS) has taken the lead in compiling the survey results.
The survey, updated annually, provides a range of information about each department. With that
information, the participating agencies can set better goals and objectives, and compare their performance
in the various areas. Thirty (30) law enforcement agencies from throughout the country participate in this
survey including Boulder, Fort Collins, and Lakewood in Colorado. The latest available annual data for this
national survey is 2020 (https://www.naperville.il.us/services/naperville-police-department/about-the-police-
department/benchmark-city-survey/)
Avon Police Department 2011-2021 Activity Statistics
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Total Crimes Reported 908 613 667 912 937 740 798 827 668 530 564
Group A Crimes 440 372 313 388 381 320 313 359 201 285 287
Group B Crimes 468 241 354 524 556 420 487 468 426 245 277
Clearance Rate .48 .59 .44 .40 .50 .49 .43 .51 .48 .46 .44
Total Reports 1111 1015 925 912 972 840 901 855 703 662 664
Calls for Service 16905 16213 13829 16909 16302 16039 22890 20632 20213 26741 20253
Traffic Accidents 161 142 174 148 148 159 159 154 155 139 127
Traffic Accidents ETOH/Drug 8 7 10 12 8 9 7 7 12 5 13
Total Arrests 384 450 435 501 509 379 392 392 345 273 321
Adult Arrests 363 419 413 478 485 358 365 354 318 251 309
Juvenile Arrests 21 31 21 23 24 21 27 38 27 22 12
Felony Arrests 71 88 54 50 66 49 53 71 45 31 45
Sexual Offenses 12 12 4 10 9 7 11 14 7 10 10
Robbery 0 0 0 2 1 0 2 0 0 3 0
Burglary 24 9 11 12 10 13 7 13 1 3 3
Larceny 160 87 129 159 154 133 109 113 83 73 71
Motor Vehicle Theft 4 1 4 6 6 9 7 5 10 10 11
Assault 41 37 36 45 53 47 43 67 47 59 59
Arson 2 1 1 3 1 0 0 0 0 1 0
Forgery/Counterfeiting 5 5 4 9 6 8 3 5 4 2 2
Fraud 17 28 32 27 27 21 27 20 17 17 37
Vandalism 64 51 72 69 76 64 63 65 36 70 55
Weapon Offense 3 4 0 6 4 2 4 6 4 4 3
Narcotics 101 135 15 36 29 15 34 41 26 21 17
DUI 118 89 105 150 156 100 133 108 97 69 91
Liquor Laws 25 23 23 16 20 13 14 15 24 13 12
Disorderly Conduct 30 33 24 19 27 14 20 27 21 19 26
Domestic Violence 41 38 55 37 30 39 33 43 41 31 37
Traffic Stops 4691 4299 3283 4302 3470 2328 2281 1985 1949 1770 1680
Total Traffic Warnings 3101 2523 2371 3275 2599 1706 1620 1561 1508 1266 1192
Written Traffic Warnings 1170 1463 1378 1423 1299 1212
Traffic Summons
Speeding
Avon
Wildridge
WBC BL
1192
379
31
2
46
961
275
16
3
36
701
118
5
2
9
820
169
14
4
22
615
182
7
13
24
545
244
14
7
11
508
283
15
6
11
309
112
5
1
29
302
118
0
3
14
308
117
1
3
27
307
168
1
2
30
Page 18 of 31
EBC BL
Swift
I 70
Metcalf
Nottingham
7
6
265
3
17
6
13
191
1
7
6
2
85
3
4
5
2
103
7
7
14
2
91
18
7
17
8
169
2
2
15
4
223
1
5
8
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41
1
17
10
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67
1
11
2
1
66
2
14
2
17
72
4
22
Safety Belt 410 407 365 316 143 115 46 48 35 52 13
Child Safety Seats 3 7 1 5 0 0 2 3 2 5 3
Criminal Summons
Odor Complaints 0 0 0 0 0 0 0 0 0 0 0
Animal Control Warnings 19 12 10 28 58 151 106 119 152 52 148
Animal Control Summonses 6 7 11 3 6 13 3 7 12 4 3
Wildlife Protection Ordinance
(CFS)
11 40 3 29 5 37 6 9 19 15 15
Wildlife Protection Ordinance
Summonses
0 2 0 1 5 0 0 0 0 0 1
Bear Calls 35 131 18 60 26 64 37 49 26 102 25
Smoking Violation
Summonses
0 0 0 0 0 0 0 0 0 0 0
Smoking Violation Warnings 0 0 0 0 0 0 0 0 0 0 0
Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary,
Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic
Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations.
Group B crimes include Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law
Violations, Peeping Tom, Runaway and Trespass.
CRIME/TRAFFIC STATISTICS AND CALLS FOR SERVICE
During 2021, the Vail Public Safety Communication Center dispatched 4,728 calls for service (CFS) to the
Avon Police Department (4,274 in 2020 and 4,850 in 2019). Avon officers generated 15,034 (21,964 in
2020) self-initiated (SI) calls for service, which include traffic stops, community policing activities, building
checks, foot patrols and extra patrols as requested by community members. Avon Police Officers
conducted 6,217 directed and traffic patrols leading to decreased criminal activity. An additional 184 calls
for service were generated in Avon and were primarily dealt with by the dispatch center.
The 2020 Benchmark Cities Survey shows that the average number of annual calls for service (CFS) per
1,000 citizens is 409 (only includes calls where someone calls dispatch to request police response). Avon
PD attended 779 per 1,000 citizens in 2021. In 2021, Avon Officers completed 189 hours of foot patrol and
531 hours of bike patrol.
Page 19 of 31
Avon PD Calls for Service (CFS) are broken out into the majorities of categories used by the Vail Public
Safety Communications Center (Vail Dispatch).
Nature Code 2020 2021
Unknown 911 119 273
Alarm 233 195
Animal Compliant 168 151
Armed Party w/Weapon 4 4
Arrest Generic 5 11
Assault 42 36
Assist 1113 1164
Attempt to Locate 56 53
Bar Check 160 234
Bear Call 104 26
Bicycle Accident 0 0
Bike Patrol 394 126
Bomb Threat 0 0
Shift Briefing 215 62
Burglary 5 2
Business Check 735 839
Chain Law 5 0
Civil Standby/Matters 216 233
Contact 358 357
Construction Incident 0 0
Community Oriented
Policing
263 347
Damage 31 50
Death 2 1
Directed Patrol 11037 5739
Disturbance 133 150
Intoxicated Party 43 45
Domestic Disturbance 77 83
Drugs 11 14
Drug Task Force 2 0
Evidence Processing 58 93
Fight 29 25
Fingerprints 2 2
Fire 63 59
Fireworks 0 0
Found Property 73 75
Follow Up 1311 1608
Foot Patrol 1024 550
Found 1 2
Fraud 39 49
Person with a gun 5 2
CBI Firearms Check 0 0
Harassment 100 87
ID Dispute 3 12
Interview 21 26
Investigations 0 2
Juvenile Problem 36 39
Abduction/Kidnapping 0 0
Liquor Violation 1 0
School Lock Down 2 1
Page 20 of 31
Lost Property 107 125
Medical 106 119
Mental Health Hold 4 8
Missing Overdue Party 33 19
Nature Code 2020 2021
Motor Vehicle Accident 347 319
Negative Contact
w/Officer
14 4
Noise Complaint 190 150
Open Door/Windows 17 11
Ordinance Violation 53 24
Parking Problem 865 532
Patrol/Radar 780 478
Prisoner Processing 15 7
Prowler 5 2
Clear/List Person or
Vehicle
13 16
Clear Person or Vehicle 3 5
Recovered Stolen
Property/Vehicle
1 5
REDDI 71 124
Relay 165 136
Restraining Order
Violation
25 12
Road Debris 74 62
Robbery 0 0
Reports 184 1876
Runaway 4 2
Security Checks 100 63
Registered Sex
Offenders
22 23
Shooting or Shots Fired 8 5
Mud/Rock/Snow Slide 0 4
Suicidal Party 53 49
Suspicious Occurrence 578 461
Traffic Stop 1770 1680
Theft 163 170
Towed Vehicle 30 30
Training 120 45
Traffic Complaint 212 279
Travelers Aid 10 15
Traffic Control 26 13
Trespassing 58 65
Unknown Nature 40 57
Criminal Injury to
Property
50 38
Abandoned Vehicle 31 31
VIN Check 26 43
(970) 748-4049 gdaly@avon.org
AVON POLICE DEPARTMENT RESPONSE TIMES
The Avon Police Department, as part of our annual performance metrics comparison, measures response
times to calls for service. These times are documented and calculated through the Vail Public Safety
Communications Center. Calls for service are broken into four priorities, which are:
Priority 1 & 2: Life or property in immediate threat or just occurred. Units respond immediately, lights and
sirens.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Calls can be held for a period of time. In practice, Priority 1 and 2 calls are considered life safety
emergent calls and are treated as the same category.
The 2020 Annual Benchmark Cities Survey indicates that the average response time for Priority 1
responses is 5:27 minutes for the thirty (30) agencies surveyed. The survey does not break down Priority 1
or 2 as does the Vail Public Safety Communications Center; however, the Avon Police Department’s 2021
response time for emergency calls (Priority 1 and 2) was 6:02, more than the 5:27 minute survey average.
We attribute the increased response time to short staffing and officer working minimum staffed shifts over
the last 18 months. However, we have had recent successful hiring and there is some light at the end of
the tunnel. Unfortunately, it can take up to twelve months between the recruiting process, rigorous testing,
hiring, comprehensive background investigation, sixteen (16) week police academy and then a six (6)
month field training program.
2019
Priority 1 - 00:00:00
Priority 2 - 00:03:50
Priority 3 - 00:15:28
Priority 4 - 00:11:51
752
409
663 779
Avon Calls for
Services
Benchmark
Cities 2020
Dispatched Calls for Service Per 1000
Citizens
Annual Comparison (Calls to dispatch, not
officer initiated)
2019 2020 2021
Page 22 of 31
2020
Priority 1 - 00:03:52
Priority 2 - 00:04:32
Priority 3 - 00:15:29
Priority 4 - 00:12:16
2021
Priority 1 - 00:00:01
Priority 2 - 00:06:02
Priority 3 - 00:11:13
Priority 4 - 00:10:38
During 2021, total crimes reported increased marginally from 530 to 564.
Prioroty 1 &
2 Priority 3 Priority 4
2019 3:50 15:28 11:51
2020 4:32 15:29 12:16
2021 6:02 11:13 10:38
0:00
2:24
4:48
7:12
9:36
12:00
14:24
16:48
Ax
i
s
T
i
t
l
e
Avon Police Response Times
Annual Comparison
668 703
530
662
564
664
Total Crimes Reported Total Incident Reports
Crime Reporting
Annual Comparison
2019 2020 2021
Page 23 of 31
ALCOHOL/DRUG RELATED CRIMES
The influence of alcohol and/or drugs continue to be significant contributory factors in criminal incidents,
especially in relation to crimes against person’s incidents and driving under the influence cases. Officers
made 91 DUI arrests in 2021, up from 69 in 2020. DUI arrests were down in 2020 for a number of
reasons; impact from COVID-19 pandemic- less people out during lockdown periods, bars closed earlier
due to public health order restrictions, bars were not as busy (same reason) and the State DUI enforcement
grants were temporarily on hold at the beginning of the pandemic to reduce police officer’s potential
exposures. DUI related crashes increased from five (5) in 2020 to thirteen (13) in 2021. Avon PD narcotic
arrests decreased from twenty-one (21) in 2020 to seventeen (17) in 2021.
ARRESTS
These arrest statistics include full custodial arrests, where the subject is booked into the Eagle County
Detention Facility (ECDF), arrests that are processed at the Avon Police Departments booking area, and
field summons and release arrests for more minor offenses. In 2021 COVID-19 restrictions carried over
from 2020 to include orders from the Chief Judge of the 5th Judicial District regarding bringing offenders to
the Detentions Facility. Avon Police Officers operated under extraordinary COVID-19 circumstances
whereby certain warrants were not enforced by the Chief Judge’s order to alleviate COVID-19 exposure
concerns at the Eagle County Detention Center and at other county jails around the 5th Judicial District.
Avon Officers attempted to summons and release or process at the Avon Police Department booking
facility on the more minor offenses whenever possible to ensure the officers were within the Town
boundaries as much as possible. In 2021, there was a substantive increase in arrests from 273 in 2020 to
321 in 2021 (17.58% increase). In line with the overall increase in arrests, felony arrests increased from 31
in 2020 to 45 in 2021. We believe that the increase in arrests in 2021 as compared to 2020 was indicative
of the lessening of public health pandemic orders.
26
7
97
4 6 12218
69
2 6 517
4
91
0 3 13
Narcotics Marijuana DUI DUID DUI
Marijuana
DUI Crashes
Alcohol/Drugs
Annual Comparison
2019 2020 2021
Page 24 of 31
PROPERTY CRIMES:
Property crimes remain at historic lows. In 2021, theft/larceny cases slightly decreased from 73 to 71.
Burglary significantly remained static at 3, as compared to 3 in 2020 and 1 in 2019. We have previously
experienced averages of 7 to 13 burglaries per year. Vandalism incidents decreased significantly from 70
to 55.
345
45
273
31
321
45
Total Arrests Total Felony Arrests
Arrests
Annual Comparison
2019 2020 2021
1 4
83
17
36
3 2
73
17
70
3 2
71
37
55
Burglary Forgery Theft/Larceny Fraud Vandalism
Property Crimes
Annual Comparison
2019 2020 2021
Page 25 of 31
In comparison to the 2020 Benchmark Cities Survey, the average annual number of burglaries per 1,000
residents was 2.6. Avon’s rate was 0.49.
In comparison to the 2020 Benchmark Cities Survey, the average annual number of auto thefts per 1,000
residents was 2.3. Avon has seen an average of 1.64 over the last 3 (three) years. We did see increased
auto theft activity in 2020. We had multiple vehicles stolen in Avon and throughout Eagle County. We
have identified multiple perpetrators out of the Metro Area, particularly in Adams County.
0.150.46
2.6
0.49
Avon Burglary
Rates
Benchmark
Cities 2020
Burglary Rates per 1,000 Citizens
Annual Comparison
20192 20202 2021
1.55
2.3
1.551.81
Avon Citation
Average
(including DUI)
Benchmark
Cities 2020
Avon Auto Theft Rate per 1,000 Citizens
Annual Comparison
2019 2020 2021
Page 26 of 31
CRIMES AGAINST PERSONS
Avon had zero robberies in 2021 with three robberies in 2020. Reported sex offenses remained static at 10
as compared to 10 in 2020. Assaults coincidentally remained static at 59 as compared with 59 in 2020.
Domestic violence incidents saw a moderate increase from 31 in 2020 to 37 in 2021.
In comparison to the 2020 Benchmark Cities Survey, the average annual number of reported domestic
violence incidents per 1,000 residents is 4.6. Avon’s index for 2020 was 6.09.
In comparison to the 2020 Benchmark Cities Survey, the average annual number of reported rape offenses
per 1000 is .33 and sexual offenses (excluding rape) per 1,000 residents is .4. Avon has seen a rate
significantly higher than this average in the last three years at 1.43.
6.36
4.64.81
6.09
Avon DV Rates Benchmark
Cities 2020
Domestic Violence Rates per 1,000 Citizens
Annual Comparison
2019 2020 2021
7
47 41
0
10
59
31
310
59
37
0
Sex Offenses Assaults Domestic Violence Robbery
Crimes Against Persons
Annual Comparison
2019 2020 2021
Page 27 of 31
The Avon Police Department tracks clearance rates for the most serious crimes. Some crimes have high
solvability rates such as narcotic arrests and assaults, while other crimes like some sexual assaults,
burglaries, and theft have lesser solvability rates. The Avon Police Department has an average clearance
rate that is higher than the Benchmark Cities Survey Part I average.
1.08
0
1.551.65
0.33 0.4
Avon Sexual
Assault Rates
Benchmark
Cities 2020
Rape per 1000
Benchmark
Cities 2020
Sexual Assaults
(excluding
rape) per 1000
Sexual Assaults per 1,000 Citizens
Annual Comparison
2019 2020 2021
0.480.46
0.23
0.44
Avon Clearance
Rates
Benchmark
Cities Average
Part I 2020
Crime Clearance Rates
Annual Comparison (Avon rate is average of
Part A crimes which are compared to Part I)
2019 2020 2021
Page 28 of 31
TRAFFIC CRASHES
Traffic Crashes in 2021 were reported at 127, down from 139 in 2020. This figure does include the 200
plus private property/ parking lot accidents that we respond to and assist drivers with exchanging insurance
information. There were thirteen (13) impaired driving related accidents, 10.24% of total crashes. Most
crashes in Avon occur on Interstate 70, Avon Road, Beaver Creek Boulevard, Beaver Creek Place, and
Metcalf/Nottingham Roads. These are our most traveled roadways. The 2020 Benchmark Cities Survey
indicates that the crash rate for 1,000 citizens annually was 15.4. Factoring this average would equate to
94 (vs 127 in 2021) crashes in Avon annually.
The 2021 injury accidents included:
1 (complaint of injury), 2 (minor injury) out of 12 collisions on I-70
3 (complaint of injury) out of 27 collisions on Avon Rd
No accidents at Metcalf/Nottingham Intersection. However 7 collisions on Metcalf and 11 Accidents
on Nottingham Rd
1 (serious injury), 2 (minor injury) out of 17 collisions on Post Blvd
6 (complaint of injury) out of 52 in other locations of town
TRAFFIC ENFORCEMENT
In 2021, Avon Police Officers conducted 1,680 traffic stops (1,707 in 2020 and 1,949 in 2019). In respect
to the 1,680 traffic contacts, Avon Officers issued 307 traffic citations/summonses and 91 DUI arrest
summonses. This enforcement accounts for 23.69 % of all traffic contacts (including DUI) and inversely,
we provided warnings/requests for behavioral change to 76.31% of our traffic contacts. This statistic also
reflects our philosophy of striving to gain behavioral change for priorities like impaired driving, speeding and
not wearing a seat belt. As you can see, the clear majority of traffic contacts end up with a cordial warning
10%
21%
0%
0%4%
14%
51%
2021 Traffic Crashes
Interstate 70
Avon Road
Beaver Creek Blvd/Beaver Creek
Place
Metcalf/Nottingham
Wildridge
Post Blvd
Other
Page 29 of 31
and encouragement to fulfill our collective community social obligation to be safe drivers on our roads for all
our citizens, residents, and guests.
2021 Traffic Warnings and Citations
Race/Sex
Warnings (Via E-citation)
(Adjusted with demographical
information from CAD
information for warnings not
issued through eCitation
device)
Citations Total
% of
overall
traffic
contacts
(cites
and
warnings)
Caucasian/Male 579 128 707 45.97
Caucasian/Female 290 61 351 22.82
African
American/Male
27 7 34 2.21
African
American/Female
9 1 10 .65
Hispanic/Male 198 75 273 17.75
Hispanic/Female 93 28 121 7.87
Asian/Male 13 3 16 1.04
Asian/Female 7 2 9 .58
OTHER (M&F) 15 2 17 1.11
TOTAL 1231 307 1538 100
Note: This graphic includes traffic warnings, summonses and citations excluding the 91 summonses issued
for DUI.
The 2021 ethnic breakdown of our traffic stops to include educational warnings and tickets (excluding DUI):
25.62% of our traffic stops were with persons of Hispanic ethnicity; 17.75% Hispanic males and
7.87% Hispanic females. This compares with 39% of our 2020 census population who report
Hispanic heritage and 49% in 2010.
45.97% of our traffic stops were with Caucasian males
22.82% of our traffic stops were with Caucasian females
2.21% were with African males
.65% was with African American females
Out of 1,680 traffic contacts there were zero sustained complaints filed regarding unprofessionalism or
bias policing.
Page 30 of 31
The 2020 Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at
82 (121 in 2020). This compares with 65 citations per 1,000 citizens in Avon, which is below the survey
data average. Avon PD officers cite or summons approximately 23.69% of our traffic contacts.
155 302
1508
35139308
1266
52127307
1192
13
Traffic Crashes Traffic
Summons
Traffic
Warnings
Seat Belt
Citations
Traffic Enforcement
Annual Comparison
2019 2020 2021
62
82
58 65
Avon Citation
Average
(including DUI)
Benchmark
Cities 2020
Traffic Citations per 1,000 Citizens
Annual Comparison
2019 2020 2021
Page 31 of 31
Thank you, from the Women and Men of the Avon Police Department. Chief Greg Daly
###
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Smith-Hymes and Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department Presentation of 2021 PD Awards
DATE: June 14, 2022
PRESENTATION OF AVON POLICE DEPARTMENT 2021 AWARDS:
As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department
Awards for latter half of 2021 and for the first half of 2022. These awards are to recognize staff and
community members, who have made exceptional and valiant individual and team contributions above and
beyond their normal duties with the Avon Police Department or have benefited the Avon Police Department
and the Town of Avon. In addition, we are recognizing other town employees and community members for
their contributions to the citizens, residents, and guests of the Town of Avon.
Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human life.
(Extended by days or weeks)
For actions resulting in the saving and prolonging a human life on January 11, 2022. At about 14:20
hours dispatch notified Avon Officers of a suspicious party lying on the ground. Officer Mackey
responded to the scene and observed a male party lying on the ground in a parking lot. He
immediately noticed the party was unresponsive to sound or touch and that there was dried blood on
the male party’s lips and nose. Officer Mackey observed that the party was not breathing. Officer
Mackey instructed medical units who were en route with detailed and accurate instructions. He then
began high quality chest compressions. Upon arrival of EMS units, the male party was treated and
transported to Vail Health for advanced medical treatment where he was stabilized. Officer Mackey
reflected great credit upon himself and the Avon Police Department that day.
Leadership Excellence – Recognition of outstanding leadership during a major incident or over a period of
time.
For outstanding leadership during a major incident (Structure Fire)- To Field Training Officer and
School Resource Officer Colleen Gaspard for her actions while responding to a structure fire at the
Sunridge Apartment Complex, Building G, on April 21, 2021. Her actions of evacuating the apartment
building while there were visible flames emanating from the building were exemplary. While others
were preparing to enter, she charged bravely into that building without thought for herself. Officer
Gaspard’s outstanding leadership during this incident prior to supervisory staff arrival ultimately
resulted in zero loss of life or injury and reflected great credit upon herself and the Avon Police
Department.
This award recognizes and acknowledges your outstanding commitment to the philosophy of
Community Policing. In July and August of 2021, School Resource Officer Colleen Gaspard assisted in
raising thousands of dollars for the National Night Out Event. On December 7, 2021, Avon PD hosted
the 19th annual Shop with a Cop program for Avon Elementary School children (chosen by school
Page 2 of 3
staff). She began her fund-raising efforts and single handedly raised over $7,600.00 in cash donations
and over $2,000.00 in gift cards. She coordinated to have a Santa Claus, Churro truck, catering,
decorations, and gift-wrapping supplies at the event. Additionally, she conducted research for a Police
K-9 therapy dog. She was able to gain support from the Police Department, the Town of Avon, Avon
Elementary School, and the Eagle County School District. Officer Gaspard secured donations for dog
food, veterinary services and kenneling. More importantly, Officer Gaspard was able to secure Avon
PD’s newest department team member free of charge through the Paws and Stripes Foundation in
Florida. This therapy dog program is a first of its kind in Eagle County law enforcement. In April of
2022, Officer Gaspard started the “Caught Red Handed” program, which rewards kids for positive
behavior. In the event an Avon PD officer observes a kid doing the right thing, the officer can give the
child an envelope containing a gift certificate proudly donated by a Town of Avon business, to show the
kids a token of appreciation from the Avon community for their positive efforts. Due to her actions,
School Resource Officer Gaspard reflected great credit upon herself and the Avon Police Department.
Chief’s Community Partnership Award – Recognition of outstanding leadership during a major incident
or over a period of time.
For Executive Director Erin Ivie, and the Staff at Speak Up Reach Out. This award recognizes and
acknowledges your collective leadership, vision, collaboration, and willingness to continue to provide
quality suicide prevention education, outreach and hope for our residents and guests during the
COVID-19 pandemic as it unfolded in Eagle County. Your staff have worked tirelessly at times putting
your own mental health at risk to care for our community. In addition, you have worked together
collectively with law enforcement agencies across the county implementing a countywide suicide
prevention response to this crisis and in this, you have most certainly saved lives. This award
recognizes the many community members that have found hope through your efforts. On behalf of the
citizens and residents of the Town of Avon and from the men and women of the Avon Police
Department, THANK YOU!
For our mental health care providers at Your Hope Center, this award recognizes and acknowledges
your collective leadership, vision, and willingness to continue to provide quality mental health care and
crisis response care for our residents and guests during the COVID-19 pandemic as it unfolded in
Eagle County. Your staff have worked extremely long and stressful hours, on the front lines, putting
your own health at risk to care for our community. In addition, you have collectively worked diligently
together with law enforcement agencies across the county with regard to a countywide response to this
crisis and in working together, you have saved lives. This award recognizes the many patients that had
been cared for in their homes, in schools, in medical facilities and in clinics. On behalf of the citizens
and residents of the Town of Avon and from the men and women of the Avon Police Department,
THANK YOU!
Deena Ezzell and the members of the Eagle County Sheriffs Victims Services Unit continually
demonstrate outstanding commitment to the community and to law enforcement profession through
acts and accomplishments that promote a positive interaction between the residents and guests of
Avon. Deena and her team continually demonstrate exemplary service, conduct, and performance of
duties while serving the victims of crisis and criminal activity in Avon. The Victims’ Advocates realize
victims and their family members have special needs following a crisis or crime. The goal of the
Advocates in helping meet those needs is to provide an extensive, service-oriented support system for
anyone impacted by trauma. Deena’s Victim’s Assistance team ensure that all crime victims are
Page 3 of 3
treated fairly. Victims are treated with dignity, compassion, and respect through the criminal justice
system, so they do not feel re-victimized. The program is designed to assist victims on an
informational, emotional, and social level to reduce physical and emotional suffering. On behalf of the
residents and guests of the Town of Avon and from the men and women of the Avon Police
Department, THANK YOU!
Certificate of Appreciation – An award presented to a citizen or employee that should be recognized for
their service.
Leroy “Popeye” Roybal, for his outstanding performance, attention to detail, commitment to community
safety and resourcefulness in a difficult environment. You are commended for your service and
professionalism by placing the needs of the community over your own while ensuring the sanitation
needs of the department and the public we continuously provide for. You are recognized for your
continued efforts in keeping offices, common areas, lobby, detention cells, restrooms and eating areas
clean and disinfected during the COVID-19 pandemic. In particular, keeping prisoner holding and
booking areas disinfected and safe for prisoner and officers use was crucial in ensuring shorter
response times by officers and reduced lost work hours by personnel from COVID infection. You are a
true credit to the Town of Avon and the Avon PD team. On behalf of the citizens and residents of the
Town of Avon and from the men and women of the Avon Police Department, THANK YOU!
Department Teamwork Citation – For a group of employees that came together as a team and achieved
exceptional results relating to a specific incident or event.
To Sergeant Tyler Churches and Sergeant John Mackey of the Avon Police Department. For their
outstanding performance, attention to detail, commitment to community safety and resourcefulness in a
difficult police operation on June 21, 2021. At about 21:45 hours Vail Public Safety Communications
dispatch aired a possible first-degree criminal trespass of a vehicle at Wal-Mart in Avon. Sergeant
(then Officer) Mackey determined that the suspect was still in the area during the investigation.
Sergeant Mackey and Sergeant Churches began observing the suspect's vehicle. The suspect walked
to his vehicle when Sgt. Mackey and Sgt. Churches attempted to make contact. The suspect quickly
entered the vehicle and began reaching and digging between the seats at the center console area.
Sgt. Mackey and Sgt. Churches put the suspect at gunpoint and gave him loud verbal commands to
show his hands. The suspect did not comply with directions and continued to dig between the seats.
Sgt. Mackey opened the vehicle's driver-side door to distract the suspect from the area between the
seats. The suspect exited the vehicle and began running. Sgt. Mackey pursued on foot, and Sgt.
Churches followed by vehicle. Sgt. Mackey was able to observe the suspect run towards the river.
Shortly thereafter Sgt. Mackey and Sgt. Churches were able to locate the suspect hiding in the brush
along the river where he was safely taken into custody. During the subsequent search of the vehicle, a
fully loaded Springfield Armory XD 45-caliber semi-automatic pistol (with a round in the chamber) was
located between the seats in the area where the suspect was attempting to gain access to. Due to
their quick response and willingness to help others, their actions during this call for service contributed
to the overall safety of the residents and guests in the Town of Avon. They did not use unnecessary
force in a situation that could have easily turned into a lethal force encounter. They are a true credit to
Avon and the law enforcement profession.
Thank you, Chief Greg Daly ###
970 748 4049 gdaly@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Greg Daly, Chief of Police
RE: Swearing in and badge pinning of Officer Theresa Reno
DATE: June 14th, 2022
SWEARING IN AND BADGE PINNING CEREMONY:
Tonight, we will join Officer Theresa Reno and her family as she takes her oath as Avon’s newest Police
Office and receives her badge. This is a great night for the Avon Police Department to swear in an
additional female officer, increasing our complement of female officers to three, in addition to our three
female administrative service officers.
Officer Reno, a former upstate New Yorke, is a former Eagle County Detentions Sergeant, having spent ten
years working in corrections. Theresa has a master’s degree in public administration. She transferred to
the patrol division at the Sheriff’s Office, but we are lucky that she has chosen the Avon Police Department
as her home. Officer Reno’s son Patrick is pinning her badge tonight.
It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon
completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible
signs of their role, responsibilities, authority, and trust with our community.
Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Municipal
Judge Buck Allen.
Congratulations to Officer Reno.
Thank you, Chief Greg Daly.
###
970.748.4030 jskinner@avon.org | mmorgan@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Jena Skinner AICP, Senior Planner, Max Morgan, Planner 1+
RE: Ordinance 22-08 & Ordinance 22-09
Short Term Rentals: Fee Analysis, Caps, and Revised Short Term
Rental Overlay District
DATE: June 7, 2022
SUMMARY: This report updates the Council on proposed Short Term Rental (“STR”) policy and regulation
based on recommendations and guidance from Council. This report also reassesses a potential STR
Overlay District amendment with Code Text Amendments; OR, Council may choose to use the (updated)
Town Core Map as the foundational framework for regulating STRs (with associated Code Text
Amendments). This report offers two Ordinances for consideration by Town Council.
At the May 24, 2022 Town Council meeting, Council gave direction to Staff for Next Steps on STR Policy
Updates including:
• Define the mission of proposed STR regulation with a mission statement
• Reduce proposed fees in the STR licensing fee structure
• Develop datasets that show trends and existing conditions for STRs in the Town
• Explore the licensing caps to STRs in the Town
• Send mailed notice of potential changes to property owners in the STR Overlay
• Update the STR Business Licensing form
Mission Statement: The mission of changes to the STR Overlay Zone District, Regulations and Licensing
is to reduce or minimize the rate of conversion of long term residential use to short term residential rentals
and to preserve existing residential housing stock that is appropriate for long term residential use.
Fee Structure: Ordinance No. 22-08 (See Attachment A) includes a new fee structure with reduced fees.
Exhibit A: Updated STR Fee Structure
Updated STR Fee Structure
STR Type Previous Proposed Fee New Proposed Fee
Resident-Occupied (any size
unit) $500 $350
Front Desk / Time Share $500 plus $25 per STR unit $250 plus $25 per STR unit
Studio or 1 Bedroom $750 $350
2 Bedroom $1,000 $400
3 Bedroom $1,250 $450
4+ Bedroom $1,500 $500
Page 2 of 5
Trends and Existing Conditions: Staff constructed datasets to examine trends and existing conditions of
STRs in the Town (See Attachment B). Significant findings include:
• The total and percentage of dwelling units used for STRs, or STR Saturation Rate, outside the
Town Core are similar to the total and percentage of dwelling units used for STRs inside the Town
Core, excluding Front Desk / Time Share properties
• The STR Saturation Rate outside the Town Core has increased at a higher rate than the STR
Saturation Rate inside the Town Core
Staff now offers several options for Town Council consideration that complement the goals of the 2021
Housing Plan. Staff feels that these options provide a clearer path for administering STRs in both licensing
and in administering this complex land use.
Application of Licensing Caps: Council provided direction to apply “what-if?” licensing cap scenarios to
properties outside the Town Core and PUDs (See Attachment C). Staff explored options for caps including:
Option 1: A maximum 50% increase of existing STRs by property
Option 2: Tiered licensing caps where more historically attainable properties (West Zone) have an
allowed maximum STR increase of 20% of the total dwelling units by property, while areas with
historically higher home prices (North Zone) have an allowed STR increase of 50% of total dwelling
units by property
Additional Scenarios: Tiered licensing caps based on percentage of existing STRs, Tiered licensing
caps based on Non-STR licensed properties, maximum allowed increase of 50% of total dwelling units.
Additionally, Staff applied a consideration for an Extended Town Core in Scenario 1 and Scenario 2 that
adds Bel Lago, Buck Creek, Beaver Bench, and Greenbrier to the Town Core, making STRs uncapped at
these locations.
Exhibit B: Licensing Cap Analysis Results
STR Licensing Cap Results
Option Maximum Potential STR Increase* Maximum STR Saturation*
Option 1 59 22%
Option 1 w/ Extended Town Core 45 19%
Option 2 226 44%
Option 2 w/ Extended Town Core 162 37%
*Does not include potential STR increases in Extended Town Core
Page 3 of 5
Town Council
1st Reading of
Ordinance
Community Engagement: Public comments have and will be accepted throughout this process (See
Attachment D). STR license-holders received an email from the Town on May 9, 2022 notifying them that
the Town is “working through modifications to short term rental process and procedures,” and that changes
will likely include a new fee structure and requirements for minimum safety standards. The email also
states that the Town is evaluating STR locationality and licensing caps. A second mailed notification was
also distributed to over 1,600 residents in Avon informing them of the June 14th hearing date with Council.
BACKGROUND: The April 26, 2022 Town Council meeting included a work session on Short Term Rental
regulations in the Town of Avon. As part of the work session, Staff introduced two potential ordinances:
Ordinance No. 22-08, which affects STR fee structures and licensing, and Ordinance No. 22-09, which
affects the STR Overlay (“STRO”) zoning and Code Text Amendments. Town Council directed Planning
Staff to further examine STR fee structures and licensing caps, as well as the potential STR Overlay zoning
boundaries and criteria. First reading of these ordinances is intended to provide Council and the
community with a chance to understand what will be published with a second reading, and subsequent
public hearing.
The second hearing on May 24, 2022, further evaluated the proposed STR fee schedule and how to
regulate this endeavor's land use aspect. Although Council was not necessarily comfortable in how best to
augment the existing STR program on this date, Staff gained a clearer vision of how to enhance the
materials for consideration for the next hearing.
PROCESS: Ordinance 22-09 requires a Planning and Zoning Commission (“PZC”) public hearing to
modify the text and Town Core Map included in Title 7, Development Code. Ordinances are approved by
Town Council, with a second public hearing during second reading.
ANALYSIS: ORDINANCE NO. 22-08
Ordinance No. 22-08 includes a fee structure with dollar amounts that is different from what was presented
at the May 24th, 2022 Council meeting (see Attachment B). Other options for considerations of this
Ordinance include use of STR license caps for areas outside of the Town Core.
The licensing cap options, in the order in which they are presented, move from allowing the fewest STRs to
allowing the most, in both total and saturation rate. The variety of cap percentages in Option 2 seeks to
place more restrictive caps in areas where homes are more attainable.
Town Council
2nd Reading &
Public Hearing
PZC
Public Hearing(s)
Page 4 of 5
FINANCIAL CONSIDERATIONS: Council should consider whether Ordinance No. 22-08 includes a fee
structure that adequately applies fees that offset costs for licensing, regulation, and community impacts.
Council should also consider the impacts of an increase in STR licensing fees, and whether the proposed
fee structure represents fairness and equity for property owners who choose to use their property for STRs.
RECOMMENDATION: Of the proposed options, Staff recommends Council moving forward with first
reading of the proposed Ordinance.
OPTIONS: The following represent options for next steps regarding Ordinance No. 22-08
1. No Action
2. Approve first reading of Ordinance No. 22-08 as drafted and set a public hearing and second
reading date of July 26, 2022
3. Approve first reading with modifications to Ordinance No. 22-08 and set a public hearing and
second reading date of July 26, 2022
4. Continue discussion
PROPOSED MOTION: “I move to approve Ordinance No. 22-08 and set a public hearing and second
reading date for the next Town Council Meeting – July 26, 2022.
Thank you, Max
ANALYSIS: ORDINANCE NO. 22-09:
At the April hearing, Town Council directed staff to map out or locate/place the number of STR licenses
within the area and properties proposed for the second tier, or Resident Occupied requirement area. This
map helped to see what properties already have STR licenses and show which properties may be
impacting what were traditionally full-time residences. It also demonstrated that several second-tier
properties presently do not have STR licenses. At the May 24th hearing, a second option also was
presented to Town Council that centers on STRs as they relate to the outside and inside of the Town Core.
Town Council expressed support for the “Town Core option”. Staff has updated materials based on use of
this map.
Staff has updated the materials for Ordinance No. 22-09, which provides Council a simple response to
managing the land use aspect of STR licensing, regulation, and community impacts. In summary,
Ordinance No. 22-09 modifies the existing Town Core Map (EX A), with related, general Code text
Amendments (EX B).
FINANCIAL CONSIDERATIONS: No additional costs would be associated with these Ordinances.
RECOMMENDATION: Of the proposed options, Staff recommends Council moving forward with first
reading of Ordinance 22-09
Page 5 of 5
OPTIONS: The following represent options for next steps regarding Ordinance No. 22-09
1. No Action
2. Approve first reading of Ordinance No. 22-09 as drafted and set a public hearing and second
reading date of July 26, 2022; or
3. Approve first reading with modifications to Ordinance No. 22-09 and set a public hearing and
second reading date of July 26, 2022
4. Continue discussion
PROPOSED MOTION: “I move to approve Ordinance No. 22-09 with Exhibits A and B and set a public
hearing and second reading date for the Town Council Meeting of July 26, 2022.
Thank you, Jena
ATTACHMENTS:
Attachment A: Ordinance No. 22-08
Attachment B: Existing STR Conditions
Attachment C: Licensing Cap Analysis
Attachment D: STR Notification Responses
Attachment E: Ordinance No. 22-09, with Exhibits A and B
Attachment F: Process Schedule
Ord 22-08 Short Term Rental Licenses
June 14, 2022 – First Reading
Page 1 of 3
ORDINANCE NO. 22-08
AMENDING SECTION 5.04.050 OF THE AVON MUNICIPAL CODE
CONCERNING SHORT TERM RENTAL LICENSES
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council of the Town of Avon (“Council”) finds that interest and
investment in Short Term Rentals has increased in the Town of Avon as well as increased
generally in numerous other mountain resort communities, and that such increase in Short Term
Rental use has reduced the stock of residential housing available for long-term rentals, thereby
exacerbating the lack of local work force housing while increasing the impacts of an
accommodations use; and
WHEREAS, Council adopted the Avon Community Housing Plan which sets forth certain goals
and strategies to promote the availability of Community Housing in Avon, including the
adoption of regulations and fees for Short Term Rentals; and
WHEREAS, Council finds that the regulation of short term rentals and adoption of minimum
management requirements for short term rental use is necessary to promote the health, safety and
general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Section 5.04.050 Re-Enacted. Section 5.04.050 of the Avon Municipal Code is
hereby repealed and re-enacted in its entirety to read as set forth in Exhibit A: Section 5.04.050
Short Term Rentals.
ATTACHMENT B: Ord 22-08 STR License
Ord 22-08 Short Term Rental Licenses
June 14, 2022 – First Reading
Page 2 of 3
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT B: Ord 22-08 STR License
Ord 22-08 Short Term Rental Licenses
June 14, 2022 – First Reading
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on [ ], 2022 and setting such public
hearing for [ ], 2022 at the Council Chambers of the Avon Municipal
Building, located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
[ ], 2022.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
ATTACHMENT B: Ord 22-08 STR License
Chapter 5.04.050 – Short Term Rental Licenses
Page 1 of 3
EXHIBIT A: 5.04.050 SHORT TERM RENTALS
5.04.050. Short Term Rentals
(a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior to
any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short Term
Rental License shall serve as the Business License for a residential unit. Failure to obtain and
continuously maintain a Short Term Rental License while operating a residential dwelling, or
portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04.
(b) Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals
(1) Front Desk or Manager means any arrangement where a property has an on-site front
desk or a manager arrangement that oversees more than one short term rental.
(2) Resident Occupied Short Term Rental means any residential property for which a full-time
resident resides at such residential property as that resident’s primary residence and for
which a portion of the residence, but not the entire residence, is rented for fewer than 30
days.
(3) STR License means a license to operate a Short Term Rental.
(4) Short Term Rental means any residential property for which the entire residence is rented
for fewer than 30 days and is assessed as residential property by the Eagle County
Assessor.
(c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The
Short Term Rental License Fee shall be paid annually as follows:
(1) Resident Occupied Short Term Rental: $150
(2) Front Desk/Manager for Time Share Properties: $250 plus $25 for each bedroom in the
timeshare property that is used for short term rentals.
(3) Short-Term Rentals:
(i) Studio or One Bedroom: $350
(ii) Two Bedroom: $400
(iii) Three Bedroom: $450
(iv) Four Bedroom or Greater: $500
(d) Minimum STR Management Requirements. The following Minimum STR Management
Requirements shall be continuously met by a Short Term Rental License holder and the failure to
continuously meet these minimum management requirements shall be deemed a violation of this
Chapter and grounds for suspension or revocation of a Short Term Rental License. The STR
License Holder shall sign an affidavit each year upon obtaining an STR License and renewing such
Chapter 5.04.050 – Short Term Rental Licenses
Page 2 of 3
license that shall affirm compliance with the these Minimum STR Management Requirements.
(1) Management Contact. The STR License Holder shall communicate current contact
information for a Management Contact person to all renters who shall be available to
respond to urgent matters, such as water leaks or heating malfunction. The contact
information shall include a cell phone number and email address. The designated
Management Contact shall be available to respond to any renter within four (4) hours by
phone or email and shall be available to respond in person, or cause a designee or agent
to respond in person, within twenty-four (24) hours.
(2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder
shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers
as required to meet minimum building codes.
(3) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must
be cleaned on an annual basis.
(4) General Maintenance. The STR License Holder shall continuously maintain the residential
unit in a manner that is fit for occupancy by visitors, including but not limited to all
plumbing, electrical, heating and cooling, and operation of doors and windows.
(5) Parking. The STR License Holder shall provide a legal off-street parking space to serve
the Short Term Rental License which meets the parking requirements of a Development
Plan approved by the Town of Avon or meets the minimum parking requirements set forth
in the Avon Development Code.
(6) Trash and Recycling. The STR License Holder shall provide cleaning service for trash and
recycling and/or access to trash and recycling which is located on the property where the
Short Term Rental unit is located.
(7) Noise. The STR License Holder shall communicate to tenants that noise which is
disturbing to occupants in other neighboring residential units is not permitted before 8 am
or after 10 pm.
(8) Nuisances. The STR License Holder shall communicate to tenants that nuisances will not
be tolerated, including but not limited to odors, smoking, barking dogs.
(9) Accurate Representation. The STR License Holder shall accurately represent the
residential unit and associated amenities to visitors, including but not limited to size of unit,
number of bedrooms, number of bathrooms, access to WIFI, and access to common
amenities provided on, or with, the property where the Short Term Rental is located.
(10) Visitor Information. The STR License Holder shall provide to Visitors the information and
rules in this section and such other minimum information as the Town may determine
appropriate for Minimum STR Management Requirements.
(e) Minimum Resident Occupied Short-Term Rentals. Resident Occupied Short Term Rentals must
designate the resident or residents that reside at the property as their primary residence and such
Chapter 5.04.050 – Short Term Rental Licenses
Page 3 of 3
designated residents must be physically at the residence for a portion of each of day that there are
short-term rental occupants at the residence. Resident Occupied Short Term Rental license
holders must comply with all other Minimum STR Requirements.
(f) Advertisement of accommodations. Every property owner providing any room or rooms used for
accommodation for a total continuous duration of fewer than thirty (30) days shall obtain and
maintain a business license prior to advertising such accommodation. The failure to obtain a
business license prior to advertising such accommodation shall be a violation of this Chapter.
Advertising shall include any written, oral or video communication or publication disseminated by
signage, mailing, print, internet listing, e-mail publication, social media, other electronic means,
telephone or other means which is intended to directly or indirectly induce a person to use or
possess the accommodation for consideration. Any advertisement of accommodations shall
prominently display the Avon business license number in the advertisement as, "Avon STR License
No. [insert number]". The failure to prominently display the Avon business license number in any
advertisement of accommodation shall be a violation of this Chapter.
(g) Limitation of Short Term Rental Licenses. The maximum number of Short Term Rental Licenses for
properties outside the Town Core (not including Resident Occupied Short Term Rental Licenses)
shall be limited as follows:
[Insert table of properties outside the Town Core that designates the maximum number, based on
Option 1 or Option 2]
The maximum number of Short Term Rental Licenses outside the Town Core shall not apply and
shall not limit Resident Occupied Short Term Rental Licenses and shall not apply to Planned Unit
Developments for which the Town has approved Short Term Rental use.
(h) Administration of Short Term Rental Licenses. The Community Development Department shall
review license applications and license renewals for Short Term Rentals and provide verification to
the Finance Director that licenses meet the minimum requirements for STR Licenses and all
relevant provisions of Business Licenses generally. The Community Development Department
shall have the authority to create and adopt application forms, procedures for registering
complaints, and such additional rules and regulations as may be required to implement and
efficiently administer STR Licenses.
(i) Complaints and Violations. The Community Development Department shall receive complaints
concerning Short Term Rentals including any violations or non-compliance with the requirements of
this Section. The Community Development Department shall investigate complaints and determine
if non-action, a warning, a fine or revocation of an STR License is appropriate. In all cases, the
complaint shall be communicated to the STR License Holder. The procedures and criteria for
revocation of Business Licenses set forth in Section 5.04.110 shall apply to proceedings for
revocation of a STR License. The provisions set forth in Chapter 5.04 Business Licenses generally
for violations, penalties and enforcement shall apply to STR Licenses.
Chapter 5.04.050 – Short Term Rental Licenses
Page 1 of 3
EXHIBIT A: 5.04.050 SHORT TERM RENTALS
5.04.050. Short Term Rentals
(a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior to
any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short Term
Rental License shall serve as the Business License for a residential unit. Failure to obtain and
continuously maintain a Short Term Rental License while operating a residential dwelling, or
portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04.
(b) Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals
(1) Front Desk or Manager means any arrangement where a property has an on-site front
desk or a manager arrangement that oversees more than one short term rental.
(2) Resident Occupied Short Term Rental means any residential property for which a full-time
resident resides at such residential property as that resident’s primary residence and for
which a portion of the residence, but not the entire residence, is rented for fewer than 30
days.
(3) STR License means a license to operate a Short Term Rental.
(4) Short Term Rental means any residential property for which the entire residence is rented
for fewer than 30 days and is assessed as residential property by the Eagle County
Assessor.
(c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The
Short Term Rental License Fee shall be paid annually as follows:
(1) Resident Occupied Short Term Rental: $150
(2) Front Desk/Manager for Time Share Properties: $250 plus $25 for each bedroom in the
timeshare property that is used for short term rentals.
(3) Short-Term Rentals:
(i) Studio or One Bedroom: $350
(ii) Two Bedroom: $400
(iii) Three Bedroom: $450
(iv) Four Bedroom or Greater: $500
(d) Minimum STR Management Requirements. The following Minimum STR Management
Requirements shall be continuously met by a Short Term Rental License holder and the failure to
continuously meet these minimum management requirements shall be deemed a violation of this
Chapter and grounds for suspension or revocation of a Short Term Rental License. The STR
License Holder shall sign an affidavit each year upon obtaining an STR License and renewing such
Chapter 5.04.050 – Short Term Rental Licenses
Page 2 of 3
license that shall affirm compliance with the these Minimum STR Management Requirements.
(1) Management Contact. The STR License Holder shall communicate current contact
information for a Management Contact person to all renters who shall be available to
respond to urgent matters, such as water leaks or heating malfunction. The contact
information shall include a cell phone number and email address. The designated
Management Contact shall be available to respond to any renter within four (4) hours by
phone or email and shall be available to respond in person, or cause a designee or agent
to respond in person, within twenty-four (24) hours.
(2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder
shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers
as required to meet minimum building codes.
(3) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must
be cleaned on an annual basis.
(4) General Maintenance. The STR License Holder shall continuously maintain the residential
unit in a manner that is fit for occupancy by visitors, including but not limited to all
plumbing, electrical, heating and cooling, and operation of doors and windows.
(5) Parking. The STR License Holder shall provide a legal off-street parking space to serve
the Short Term Rental License which meets the parking requirements of a Development
Plan approved by the Town of Avon or meets the minimum parking requirements set forth
in the Avon Development Code.
(6) Trash and Recycling. The STR License Holder shall provide cleaning service for trash and
recycling and/or access to trash and recycling which is located on the property where the
Short Term Rental unit is located.
(7) Noise. The STR License Holder shall communicate to tenants that noise which is
disturbing to occupants in other neighboring residential units is not permitted before 8 am
or after 10 pm.
(8) Nuisances. The STR License Holder shall communicate to tenants that nuisances will not
be tolerated, including but not limited to odors, smoking, barking dogs.
(9) Accurate Representation. The STR License Holder shall accurately represent the
residential unit and associated amenities to visitors, including but not limited to size of unit,
number of bedrooms, number of bathrooms, access to WIFI, and access to common
amenities provided on, or with, the property where the Short Term Rental is located.
(10) Visitor Information. The STR License Holder shall provide to Visitors the information and
rules in this section and such other minimum information as the Town may determine
appropriate for Minimum STR Management Requirements.
(e) Minimum Resident Occupied Short-Term Rentals. Resident Occupied Short Term Rentals must
designate the resident or residents that reside at the property as their primary residence and such
Chapter 5.04.050 – Short Term Rental Licenses
Page 3 of 3
designated residents must be physically at the residence for a portion of each of day that there are
short-term rental occupants at the residence. Resident Occupied Short Term Rental license
holders must comply with all other Minimum STR Requirements.
(f) Advertisement of accommodations. Every property owner providing any room or rooms used for
accommodation for a total continuous duration of fewer than thirty (30) days shall obtain and
maintain a business license prior to advertising such accommodation. The failure to obtain a
business license prior to advertising such accommodation shall be a violation of this Chapter.
Advertising shall include any written, oral or video communication or publication disseminated by
signage, mailing, print, internet listing, e-mail publication, social media, other electronic means,
telephone or other means which is intended to directly or indirectly induce a person to use or
possess the accommodation for consideration. Any advertisement of accommodations shall
prominently display the Avon business license number in the advertisement as, "Avon STR License
No. [insert number]". The failure to prominently display the Avon business license number in any
advertisement of accommodation shall be a violation of this Chapter.
(g) Limitation of Short Term Rental Licenses. The maximum number of Short Term Rental Licenses for
properties outside the Town Core (not including Resident Occupied Short Term Rental Licenses)
shall be limited as follows:
[Insert table of properties outside the Town Core that designates the maximum number, based on
Option 1 or Option 2]
The maximum number of Short Term Rental Licenses outside the Town Core shall not apply and
shall not limit Resident Occupied Short Term Rental Licenses and shall not apply to Planned Unit
Developments for which the Town has approved Short Term Rental use.
(h) Administration of Short Term Rental Licenses. The Community Development Department shall
review license applications and license renewals for Short Term Rentals and provide verification to
the Finance Director that licenses meet the minimum requirements for STR Licenses and all
relevant provisions of Business Licenses generally. The Community Development Department
shall have the authority to create and adopt application forms, procedures for registering
complaints, and such additional rules and regulations as may be required to implement and
efficiently administer STR Licenses.
(i) Complaints and Violations. The Community Development Department shall receive complaints
concerning Short Term Rentals including any violations or non-compliance with the requirements of
this Section. The Community Development Department shall investigate complaints and determine
if non-action, a warning, a fine or revocation of an STR License is appropriate. In all cases, the
complaint shall be communicated to the STR License Holder. The procedures and criteria for
revocation of Business Licenses set forth in Section 5.04.110 shall apply to proceedings for
revocation of a STR License. The provisions set forth in Chapter 5.04 Business Licenses generally
for violations, penalties and enforcement shall apply to STR Licenses.
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Balas Townhouse Condos 811 1 13%
Balas West Condos 900 0 0%
Sonnen Halde Condos 16 0%
Sherwood Meadows 20 0%
Snowrun Townhomes 300 0 0%
Alpenhaus 311 1 33%
Chambertin 12 5 7 7 58%
Nightstar 60%
Rushmer Townhomes 612 1 17%
Sunnyside at Avon 611 1 17%
La Vie Bonne Townhomes 600 0 0%
Timberloft 400 0 0%
Beacon Hill / Bristol Pines 22 0 1 1 5%
Benchmark Condos 92 7 9 10 11%
Lakeview Condos 12 2 2 3 25%
Stone Creek 30 5 7 10 33%
Beaver Bench 44 8 9 9 20%
Alpenflora 12 0 1 1 8%
Bel Lago 12 2 5 4 33%
Greenbrier 38 7 9 12 32%
Buck Creek 34 2 3 3 9%
Bridgewater Terrace 20 3 3 3 15%
Liftview 165 4 7 13 8%
Sunridge 198 13 24 29 15%
TOTAL 758 62 92 109 14%
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Canyon Run 70 15 16 15 21%
Brookside 54 15 14 18 33%
Stone Bridge 12 5 6 6 50%
TOTAL 136 35 36 39 29%
STRs Not
Permitted
by HOA
Avon Short Term Rental Property Analysis
Properties Outside the "Town Core"
PUDs that Allow STRs Outside the "Town Core"
Attachment B: Existing STR Conditions and Trends
1
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Avon Town Square Condos 60 3 3 4 7%
Chapel Square 69 12 17 27 39%
Seasons at Avon 103 15 18 20 19%
Avon Center 52 6 7 9 17%
Riverfront 52 4 7 5 10%
Avon Lake Villas 56 18 18 20 36%
Beaver Creek West 124 18 18 17 14%
Lakeside Terrace 31 2 2 2 6%
Base Camp 14 2 2 2 14%
The Ascent 49 11 8 10 20%
Front Gate 83
TOTAL 693 91 100 116 17%
Property Name
Total
Units
STR
Licenses
2020
STR
Liceneses
2021
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Westin 132 25 22 17 NA
Christie Lodge 280 2 3 2 NA
Falcon Point 58 ? ? ? NA
Sheraton Mountain Vista 190 2 2 1 NA
TOTAL 660 NA NA NA NA
Newly
Proposed
Town Core
Properties Inside the "Town Core"
Front Desk Properties inside the "Town Core" (Timeshare and Westin)
Attachment B: Existing STR Conditions and Trends
2
Property Name Total Units
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Maximum
Additional
STRs
Maximum
Total
Potential
STRs
Benchmark Condos 92 10 11% 5 15
Bridgewater Terrace 20 3 15% 2 5
Liftview 165 13 8% 7 20
Sunridge 198 29 15% 15 44
Balas Townhouse Condos 8 1 13% 1 2
Balas West Condos 900%11
Sonnen Halde Condos 16 0%
Sherwood Meadows 20 0%
Snowrun Townhomes 300%00
Alpenhaus 3 1 33% 1 2
Chambertin 12 7 58% 4 11
Nightstar 60%
Rushmer Townhomes 6 1 17% 1 2
Sunnyside at Avon 6 1 17% 1 2
La Vie Bonne Townhomes 600%11
Timberloft 400%11
Beacon Hill / Bristol Pines 22 1 5% 1 2
Lakeview Condos 12 3 25% 2 5
Stone Creek 30 10 33% 5 15
Alpenflora 12 1 8% 1 2
Beaver Bench 44 9 20% 5 14
Bel Lago 12 4 33% 2 6
Greenbrier 38 12 32% 6 18
Buck Creek 34 3 9% 2 5
TOTAL 778 109 14% 58 167
STRs Not
Permitted
by HOA
Option 1 - Cap based on 50% more than existing STRs
50%
Increase
of
Existing
STRs
Attachment C - Licensing Cap Analysis
1
Property Name Total Units
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Maximum
Additional
STRs
Maximum
Total
Potential
STRs
Benchmark Condos 92 10 11% 5 15
Bridgewater Terrace 20 3 15% 2 5
Liftview 165 13 8% 7 20
Sunridge 198 29 15% 15 44
Balas Townhouse Condos 8 1 13% 1 2
Balas West Condos 900%11
Sonnen Halde Condos 16 0%
Sherwood Meadows 20 0%
Snowrun Townhomes 300%11
Alpenhaus 3 1 33% 1 2
Chambertin 12 7 58% 4 11
Nightstar 60%
Rushmer Townhomes 6 1 17% 1 2
Sunnyside at Avon 6 1 17% 1 2
La Vie Bonne Townhomes 600%11
Timberloft 400%11
Beacon Hill / Bristol Pines 22 1 5% 1 2
Lakeview Condos 12 3 25% 2 5
Stone Creek 30 10 33% 5 15
Alpenflora 12 1 8% 1 2
Beaver Bench 44 9 20% 44 44
Bel Lago 12 4 33% 12 12
Greenbrier 38 12 32% 38 38
Buck Creek 34 3 9% 34 34
TOTAL 778 109 14% 173 254
STRs Not
Permitted
by HOA
Option 1 Cap based on 50% more than existing STRs w. Extended Town Core
50%
Increase
No STR
Cap
Attachment C - Licensing Cap Analysis
2
Property Name Total Units
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Maximum
Additional
STRs
Maximum
Total
Potential
STRs
Benchmark Condos 92 10 11% 18 28
Bridgewater Terrace 20 3 15% 4 7
Liftview 165 13 8% 33 46
Sunridge 198 29 15% 40 69
Balas Townhouse Condos 8 1 13% 4 5
Balas West Condos 900%55
Sonnen Halde Condos 16 0% 0
Sherwood Meadows 20 0% 0
Snowrun Townhomes 300%22
Alpenhaus 3 1 33% 2 3
Chambertin 12 7 58% 6 13
Nightstar 60%0
Rushmer Townhomes 6 1 17% 3 4
Sunnyside at Avon 6 1 17% 3 4
La Vie Bonne Townhomes 600%33
Timberloft 400%22
Beacon Hill / Bristol Pines 22 1 5% 11 12
Lakeview Condos 12 3 25% 6 9
Stone Creek 30 10 33% 15 25
Alpenflora 12 1 8% 6 7
Beaver Bench 44 9 20% 22 31
Bel Lago 12 4 33% 6 10
Greenbrier 38 12 32% 19 31
Buck Creek 34 3 9% 17 20
778 109 14% 226 335
STRs Not
Permitted
by HOA
West Zone: 20%
Increase
North Zone: 50%
Increase
TOTAL
Option 2 Cap - Tiered percentage of Total Dwelling Units
Attachment C - Licensing Cap Analysis
3
Property Name Total Units
Active STRs
(6/2/2021 -
6/2/2022)
Current %
STRs
Maximum
Additional
STRs
Maximum
Total
Potential
STRs
Benchmark Condos 92 10 11% 18 28
Bridgewater Terrace 20 3 15% 4 7
Liftview 165 13 8% 33 46
Sunridge 198 29 15% 40 69
Balas Townhouse Condos 8 1 13% 4 5
Balas West Condos 900%55
Sonnen Halde Condos 16 0% 0
Sherwood Meadows 20 0% 0
Snowrun Townhomes 300%22
Alpenhaus 3 1 33% 2 3
Chambertin 12 7 58% 6 13
Nightstar 60%0
Rushmer Townhomes 6 1 17% 3 4
Sunnyside at Avon 6 1 17% 3 4
La Vie Bonne Townhomes 600%33
Timberloft 400%22
Beacon Hill / Bristol Pines 22 1 5% 11 12
Lakeview Condos 12 3 25% 6 9
Stone Creek 30 10 33% 15 25
Alpenflora 12 1 8% 6 7
Beaver Bench 44 9 20% 44 44
Bel Lago 12 4 33% 12 12
Greenbrier 38 12 32% 38 38
Buck Creek 34 3 9% 34 34
West Zone TOTAL 475 55 12% 95 150
North Zone TOTAL 155 26 17% 67 93
Extended Town Core TOTAL 128 28 22% 128 128
TOTAL 778 109 14% 290 371
No STR
Cap
STRs Not
Permitted
by HOA
Option 2 Cap - Tiered percentage of Total Dwelling Units w. Extended Town Core
West Zone:
20%
Increase
North Zone:
50%
Increase
Attachment C - Licensing Cap Analysis
4
STR Public Comments to Council submitted prior to May 24, 2022 Council Meeting
Attachment A - STR Public Comment
1
Max Morgan
From:Español with JJ <jmartin5gonzaga@gmail.com>
Sent:Tuesday, June 07, 2022 9:40 AM
To:Short Term Rentals
Subject:Short Term Rental Licensing and Zoning
Hello,
My name is John Martin and I have been teaching as a public school teacher for ECSD for 7 years and own a condo in
Liftview. I would like to comment on the Short term rental licensing and zoning proposal.
It is obvious that there is no housing for individuals who want to rent for the purpose of residing in Avon. There are 4
hotels at least in Avon, multiple in beaver creek, and plenty of space for people that want to come and ski during the
winter if they wish to pay the high prices (as do all of our residents). During the summer there is plenty of hotel
space. Since VAIL resorts lowered the price of the EPIC pass the mountain resorts are also packed. They do not need
more skiers on the mountain.
It seems clear that we need to either eliminate short term rentals or put up heavy financial
limitations. Encouraging people to buy real estate at high prices to provide short term rentals drives up our prices of
construction, retail and restaurant labor, and every aspect of purchasing day‐to‐day goods in our valley. Short term
rentals only benefit real estate investors and the other large commercial chains in our valley (christys, westins resorts,
hyatt, VRBO, Airbnb, vail owned entities, etc). Very little of the money spent by short term renters goes to private
business owners which drive our valley.
Please consider getting rid of these short term rental allotments. We do not need to provide cheap housing to visitors
when we don't have enough labor to service those visiting.
Thank you for listening to my input.
John Martin
Attachment A - STR Public Comment
1
Max Morgan
From:Holly Bilderback <hoyallyn1959@gmail.com>
Sent:Tuesday, June 07, 2022 8:18 PM
To:Short Term Rentals
Subject:Public Hearing of Potential Changes to Short Term Rental Licensing and Zoning
As owners of a property at The Seasons at Avon who spend time at our property as well as earn a portion of our income
through short term rentals, we are in favor of ensuring that short‐term rentals are appropriately monitored by the city
of Avon, and recognize this comes at a cost. We are in support of a reasonable increase in the licensing fee as well as
establishment of reasonable, uniform best practices for short term rentals.
Regarding potential zoning changes, we sincerely hope you will ensure that property owners who bought their
properties with the expectation that short‐term rentals were a means of income to support the funding of those
properties will be exempt from all limitations on the number and location of short term rentals.
We believe that limiting short‐term rentals should not be the main component of solving the housing shortage in order
to protect those who already own property in the City of Avon and already use it for short‐term rental income.Exercising
caution to ensure that housing values are not significantly reduced due to restrictions in short‐term renting
opportunities will be an important consideration as you examine zoning changes, weighed against the need for housing
for residents of Avon.
Additionally, consideration of the potential negative impacts on Avon's economy due to limitations on short‐term
rentals should not be ignored.
Holly and Mark Bilderback
Attachment A - STR Public Comment
1
Max Morgan
From:hix@rmi.net
Sent:Wednesday, June 08, 2022 9:20 AM
To:Short Term Rentals
Subject:Short Term Rentals
We own a condo in Avon at Canyon Run Condominiums, 120 E. Hurd Lane. This is a second home as we live in Houston.
We recently received a public hearing notice regarding the June 14 hearing about short term rentals. This notice invited
us to make comments These are our comments:
We have never rented our unit, even though we are in Avon only 6‐8 weeks a year – we purchased it for our own
enjoyment.
I served on the Board of the Canyon Run Condo. Association for over 20 years, most of those as President. A
disproportionate share of the problems we had to deal with were caused by short term renters. If I could have changed
our by‐laws to totally ban short‐term rentals I would have.
So, in regard to any changes the Town of Avon wants to make to increase fees, tighten regulations, etc., we say go for it.
In fact, if you want to totally ban short term rentals, we are all for that too.
Tom & Jeanette Hix
120 E. Hurd Lane, Unit A‐203
P.S. Say hi to Tamra for us!
Attachment A - STR Public Comment
1
Max Morgan
From:Vance Preman <kcbikelaw@gmail.com>
Sent:Wednesday, June 08, 2022 9:27 AM
To:Short Term Rentals
Subject:Short term rental. Comments for public hearing
Dear Mayor and Council Members.
I have been coming to Colorado and Vail Valley since the late seventies. Housing has been a can that has been kicked
down the road for decades and mostly ignored by Vail Resorts and other large employers. I worked my entire adult life
and finally was able to purchase a condo in EagleVail and then upgrade to Brookside Park. I chose Avon for its livability. I
eventually plan to retire there. I don’t think that homeowners should bear the responsibility of solving the housing crisis.
STR have become a tool to help defray the costs of property ownership. To me it might be more trouble than it’s
worth. I don’t however like the idea of being told how I should use my property. I think a licensing fee is quite
reasonable. I think some safety considerations are appropriate. Beyond that, more restrictions seem like government
overreach. People have to get there heads around the fact that employers need to step up and build dorms or other
facilities. People also need to recognize that in many high dollar places(Manhattan; Miami Beach), the people that work
there don’t necessarily live there. Thank you for your time and consideration. Vance Preman
‐‐
Vance C. Preman, PC
Attorney at Law
Super Lawyer since 2016
KC Bike Law (kcbikelaw.com)
11805 W. 179th St.
Bucyrus KS 66013
(c) 816.678.9599
(f) 913.583.5116
kcbikelaw@gmail.com
Attachment A - STR Public Comment
1
Max Morgan
From:Michael Shantz <michaeldshantz@gmail.com>
Sent:Wednesday, June 08, 2022 10:56 AM
To:Short Term Rentals; Chelsea Shantz
Subject:6/14 STR Public Hearing Input
To Avon Town Council,
Our names are Chelsea and Mike Shantz. We live in Denver and purchased a 2nd home in Avon in September 2019. As
we evaluated where to purchase a home in 2018/2019, we selected Avon because we loved the town, it has easy access
to Beaver Creek, and there was an area within town where STRs were permitted.
We come to Avon as often as we can but also use our home as an STR to help pay our mortgage. We had saved enough
money for a down payment but cannot afford the mortgages for our home in Denver and our Avon home without STR
revenue. We specifically purchased our home within the STR boundaries to ensure we would be following town
rules/ordinances and wouldn’t have to worry about self‐funding the entire mortgage.
3 years later, the Town seems to want to change the rules. I continue to get notices that you may change the fee
structures and the boundaries of STR to help with a housing shortage. I am encouraged that you have publicly stated
that the council “respects property rights” and “Without question, the Town supports STRs and recognizes that STRs are
an essential part of the Avon experience”. Any changes to STR rules/regulations need to reflect these statements.
We are supportive of finding solutions to the housing crisis in Avon. However, current STR property owners
should not be viewed as pariahs or treated unfairly by the council. We have done nothing wrong: we
purchased a home that we love, pay our taxes, support local businesses, and do everything we can to ensure
our guests have a great experience in Avon.
I believe that any changes to STR rules/fees should follow the 3 guidelines outlined below:
-Current property owners are “grandfathered” in under current rules. Any new boundaries/regulations should
be applied to purchasers after a future date (ie 1/1/2023)
-Current STR owners should be allowed to generate revenue to cover 100% of mortgage, HOA fees,
insurance, and operating costs
-Changes in STR fees should not be a money grab where STR property owners pay for a disproportionate
percentage of projects proposed by the town council. If the Town needs funds for housing projects, they
should come equitably from all revenue streams (property taxes for everyone, local sales tax, and STR fees)
Thank you for your consideration. We do not want to be forced out of our home.
Attachment A - STR Public Comment
2
Sincerely,
Michael and Chelsea Shantz
Attachment A - STR Public Comment
1
Max Morgan
From:Abraham M. DeLara <abdelarajr@hotmail.com>
Sent:Wednesday, June 08, 2022 5:25 PM
To:Short Term Rentals
Subject:AVON SHORT TERM RRENTALS - LICENSE #014324 - BENCH MARK A17
To who it may concern,
I would like to write some comments about the short term potential changes at the town of Avon.
My wife and I finally achieved this life time goal to have short term (ST) rental business, we know and can see how the
Avon area has a needed market for ST rentals, even with the large hotels in the area. We do live and own in Edwards as
well (Brett Ranch). We also have long term rental property in Gypsum (Mountain Gateway). We are truly locals,
conducting business in Eagle County. Although we are not a big hotel, our small ST rental business does promote local
economy as our tenants stay in Avon, eat in Avon and spend their money locally. As you well know, we pay a good
amount of taxes as well. We live here, we spend our money here in the Vail Valley.
Please, please continue to allow us to run our small short term rental in Avon. We feel that as locals, we deserve to do
our business in Avon as we are now.
Thank you for your consideration.
Abraham M. De Lara Jr.
C – 970‐389‐1046
EMAIL – ABDELARAJR@HOTMAIL.COM
Attachment A - STR Public Comment
1
Max Morgan
From:Billy Harllee <harllee@gmail.com>
Sent:Wednesday, June 08, 2022 7:02 PM
To:Short Term Rentals
Subject:Re: STR zoning changes
Hi Max – I typed up a small novel on my flight with my thoughts on the impact of rezoning our condo in Sunridge
to prohibit STR. I’ll look forward to watching the town council meeting video in the days to come. I’d like to
remain anonymous if this email is chosen to be shared tomorrow, by the way.
Thanks,
Billy
We are quite concerned about the potential for losing our rights to conduct short‐term rentals in our condo in
the Sunridge community which we understand falls in the proposed rezoned district that would prohibit
STR’s. Last year we accomplished a dream of ours which was to purchase a mountain home for personal use
and as an investment. We love spending time in Avon as well as providing a great place for visitors to do the
same.
We understand that there are challenges that the local workforce face in finding affordable housing. However,
we don’t think eliminating STR is the answer. Here are some reasons why:
1.We, like many other STR owners, employ local workers for our housekeeping and maintenance. This
provides a big income boost. Banning STR in our district would be a big blow to this local workforce
2.Our guests spend money in Avon whether it be skiing, dining out, grocery shopping etc. This generates
sales tax revenue for the town that would be greatly reduced if our unit were simply owner‐occupied or was
rented on a long‐term basis. Money that could be spent on affordable housing initiatives.
3.Our guests also spend money in the form of the various taxes imposed on their bookings including the
recent 2% STR‐specific tax which we understand is intended to help with the affordable housing challenges.
4.We (like many others) would likely not be able to comfortably afford ownership without occasional STR of
our property. We would likely have to sell. So then the question is, what would owners start doing that could
help with affordable housing for the local workforce? (I don’t have data on this but I’m assuming that the
majority of the local workforce cannot afford to purchase most property in Avon. I’ve heard condos in Sunridge
and Liftview similar to our 2/2 in Sunridge are going for over $600k now):
STR Prohibition Scenarios:
a.Owner lives full‐time in Avon: no benefit to local workforce (again assuming average local worker
would not be able to afford to buy). This would also eliminate significant income that local workers earn
cleaning and maintaining STR’s.
b.Owner lives part‐time: Same as 4a. Also less sales tax dollars from the unit being occupied less (i.e.
no one around to spend money in Avon)
c.Owner lives full time and rents a room (highly unlikely that anyone would do this, at least in a
condo like our small 2/2 in Sunridge). No income opportunity for STR cleaning and maintenance
d.Long‐term rent (the rental rate required for an owner to charge to simply break even after
mortgage + expenses would likely exceed affordability for most local workers). No income opportunity
for STR cleaning and maintenance
Attachment A - STR Public Comment
2
We would be devastated if we lost our STR rights and had to sell. Our goal is to only break even on our expenses and be
able to occasionally use the property. We feel like STR operations like ours benefit the local workforce from the cleaning
and maintenance services they provide. We also feel like the Town of Avon benefits financially from the tax revenue
that STR bookings and guest patronage of local businesses create which can be used for local workforce housing‐related
initiatives. While we don’t have the answer for the housing problems, we feel like eliminating our STR rights would be
much more detrimental than beneficial.
On Wed, Jun 8, 2022 at 5:38 PM Billy Harllee <harllee@gmail.com> wrote:
Thanks for the information. So when you say "once that license expires", you mean if we didn't pay the annual license
fee and the license expired that unit would not be eligible for str going forward. However if the license were
maintained/renewed each year, the str rights would continue. Is that correct?
I'll see if I can write up some thoughts on why we would be against the rezoning. Pushing back for a flight right now.
On Wed, Jun 8, 2022, 5:29 PM Short Term Rentals <str@avon.org> wrote:
Attachment A - STR Public Comment
3
From: Billy Harllee <harllee@gmail.com>
Sent: Monday, June 06, 2022 2:16 PM
To: Short Term Rentals <str@avon.org>
Subject: STR zoning changes
Hi there ‐ I received the recent email and mailer about the potential STR changes. I had one question about the
zoning. Will existing, licensed short‐term renters be grandfathered in if the zoning happens to impact their area? I
heard someone ask that on a recent town council video I watched and it sounded as if the answer is yes. Just wanted
to confirm as our condo appears to be in the proposed zone that would not permit traditional STR.
Thanks,
Billy
Attachment A - STR Public Comment
1
Max Morgan
From:Kimberly Appel <kappel@klearmedinnovations.com>
Sent:Wednesday, June 08, 2022 8:23 PM
To:Short Term Rentals
Subject:Proposed STR changes
Good Evening,
Thanks to the Town Council for soliciting feedback from property owners.
We certainly understand the potential need to increase the fee for short term rentals to cover the costs of software,
personal, etc. as relates to issuing and enforcing short term rentals at the City of Avon. However, having an increase of
several hundred dollars, or even $1K+ greater expense, is absolutely excessive.
We agree with having certain safety measures in place so that short term rentals are managed and handled
appropriately. Our HOA, for example, has a list of rules for units that are rented requiring local management with the
ability to immediately deal with potential safety, mechanical, etc. issues when they arise.
However, we are opposed to limits on STRs and the freedom to rent one’s home if the rules are being followed. And as
stated previously, a significant increase in fees would be excessive.
We too, would encourage the Town Council to look to other methods by which more affordable long term rentals can be
generated. The short term, and long term rental markets are vastly different in the Town of Avon. We enjoy our home
in Avon immensely, and all that life in the Valley provides. However, we do offer some short term rentals when not in
town, which helps us to afford the (increasing and expensive) HOA fees, mortgage, and taxes. We will NOT be offering
our home for long term rental, as that is not feasible given the time we spend there.
Income to local business will suffer if we, and others, ceased to offer short term rental as an option to visitors. The
proposed changes by the Town Council will have an overall negative impact on tourism in Avon and at the ski resorts,
and the money spent by tourists in Avon will plummet. This will negatively impact local business, and likely, will
DECREASE the need for long term housing options because local workers will be forced to move elsewhere to find jobs.
As well, the quality and number of establishments, services, etc. in Avon for the permanent residents will be negatively
impacted as business owners will be forced to close with less income generated by tourism.
The Nation is having a problematic real estate boom; Not just Avon, CO. While we admire the attempts by the Town
Council to discuss potential plans to help the Community, the proposed methods are short sighted and “copycat”
renditions of what other Communities have tried to put in place, without significant improvement / results to date.
Thank you again for consideration of our thoughts.
Kim Appel & Dan Kehoe
288 West Beaver Creek Blvd, H‐1
Avon, CO
Attachment A - STR Public Comment
STR Public Comments to Council for to June 14, 2022 Council Meeting
Attachment A - STR Public Comment
Dear Avon Town Council Members,
It was brought to my attention that Short Term Rentals are on the agenda for this evening, so I’d like to
express my concern. It seems, especially over the past couple of years, that short term rentals have
taken up more space than long term rentals, thus pushing the local workforce out of the market. With
this decrease in available housing to full-time residents, the market has sky-rocketed, making housing
nearly unaffordable and so highly coveted that renters are paying prices that are not only astronomical,
but taking up more than half of their regular income. One of the “most common rules of thumb” is that
you should not spend more than 30% of your monthly income on housing so as to be able to afford
things like food, healthcare, etc. In our current, inflated economy, the Eagle County housing market,
Avon in particular, is making this impossible.
I’ve had many conversations with community members who all feel very similar sentiments, there needs
to be a cap on Short Term Rentals, and should have been one in place a long time ago. Not only that, but
those apartments that are already short term, need to be taxed as commercial units, rather than
residential properties. If someone’s apartment has a revolving door of visitors occupying their space,
then it is no longer a residential unit and has become a commercial outlet for their income.
I’ve first moved to this valley more than 15 years ago – I’ve worked in retail, customer service, food and
beverage, as well as healthcare. I was never ready to buy a home when I was younger, and now that I’m
a mid-30’s professional, I can’t even dream of buying one. I am fortunate that I was able to find a place
to live that’s semi-affordable for a single person, but I found it through word-of-mouth, because I’ve
been here long enough to know people. There are many who are less-fortunate than I am who are
wanting to move here and “live the dream” of being in the mountains. While we all understand that it’s
not always an easy life, finding housing should not be as much of a nightmare as it currently stands.
As someone who has been placing my roots here since I was only 18 years old, I would love to keep
them in the ground. I know there are many, many more residents like myself, who call this place home,
but don’t actually have a home to call their own. I am asking, very briefly (because I’m at work and I
don’t have a lot of time to spend on this), PLEASE do something to help your locals. Our community is so
special and so VERY incredible. We’re here to serve the tourists, yes, but we’re also here because we
love where we live and we’ll do just about anything to stay here (including paying FAR MORE than we
should for rent).
With Kindness,
Sara Striegl
Attachment A - STR Public Comment
1
From: Amy Reid <areid@vbr.net>
Date: April 22, 2022 at 9:58:24 AM MDT
To: Council Everyone Group <council@avon.org>
Subject: Vail Board of REALTORS Letter
April 22, 2022
Avon Town Council
100 Mikaela Way
Avon, CO 81620
VIA EMAIL: council@avon.org
Dear Council Members:
The Vail Board of REALTORS absolutely agrees and supports the efforts, to help identify potential
solutions to our housing challenges. However, we are eager to find solutions that do not infringe upon
or change the private property rights of our community’s current or future homeowners.
To be clear, the current discussion around regulations, moratoriums, fines and limiting registrations
for short‐term rentals in our market as a solution is nothing more than an infringement on private
property rights. The proposed solutions are highly speculative and unproven in other communities
around the country. If implemented, the most likely result is simply more strain on the local housing
market. Simply put, short‐term rentals are not the cause of our problems.
We believe further discussion around this issue is necessary for our business and community leaders
along with elected officials to find creative solutions to increase the supply of diverse housing for our
growing market. We do not have a short‐term rental problem; we have a housing supply problem.
A healthier housing market is only going to be developed by creating and implementing innovative
solutions that increase the supply of diverse housing products. We have a great example of a creative
solution in the Miller Ranch Development.
Our problem has been and remains the lack of a diverse range of housing supply. While the supply
shortage is overwhelming in its scale and overall impact on our community, we know that it will not
correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper the
damage to our economy.
There are a wide range of additional solutions to our affordability/accessibility needs that must be
explored and collectively, can help us achieve positive, long‐term results and maintain the integrity of
the entire community. Those solutions may include but are not limited to appropriate and targeted
homeowner incentives, re‐evaluating fees and licensing structures, and the easing of trade, labor,
finance and land‐use issues.
Attachment A - STR Public Comment
2
Vail REALTORS® and those we represent are eager to be a part of the conversations and solutions to our
housing challenges as we work collaboratively to find the answers to our community’s housing makeup.
It is critical we change the outlook from financial and social instability to economic growth built upon a
solid foundation in the decades ahead.
Sincerely,
Vail Board of REALTORS
Amy Reid
Association Executive
Vail Board of REALTORS®
Vail Multi-List Service, Inc.
Vail Board of REALTORS® Foundation
email: areid@vbr.net
Direct: 970-766-1029 Office: 970-766-1028
0275 Main Street G004 Edwards CO, 81632
www.vbr.net
Attachment A - STR Public Comment
1
Max Morgan
From:Erin Green <erin.green1776@gmail.com>
Sent:Monday, May 09, 2022 5:00 PM
To:Short Term Rentals
Subject:Short term rentals
TOA:
We are in favor of allowing short term rentals in Avon. We understand the housing shortage in the Valley. It would seem
that most short term rentals would not be available for long term‐ most people I know who rent short term simply fill in
some gaps when they are not in their property. We also own some properties we rent to long term tenants and families
at under market rates, persons that work in the area. We continue to improve these properties. Allowing short term
rentals does give guests an option of a range of properties.
Thank you for listening.
‐‐
Erin Green
erin.green1776@gmail.com
Attachment A - STR Public Comment
1
Max Morgan
From:Al Bonneau <albonneau@comcast.net>
Sent:Tuesday, May 10, 2022 3:33 PM
To:Short Term Rentals
Subject:Reply to Proposed STR changes
Dear Sir or Madam,
OK, enough is enough.
Please see the following points AGAINST changing the STR rules in Avon:
*The Town already raised the rental tax in Avon 2% last year. The Town of Avon has the HIGHEST TAXES IN EAGLE
COUNTY! More than Vail, BC...anywhere.
*If there are even more onerous restrictions to renting as an STR, we will cease doing so and Avon will receive even
LESS revenue from lodging taxes AND other taxes due to reduced headcount and, therefore, spend in other community
locations. All this will accomplish is limit the number of tourists in Avon and cause local businesses to suffer.
*If these additional fees ($1,000 for a license??!!) go through, our unit will NOT resort to long term rental. If the Town
thinks this is a solution to the lack of seasonal accommodations, you are WRONG!
*Our condo is occupied by family members frequently throughout the year. We rent as STRs only occasionally to help
pay for the already high taxes and fees in Avon. If we cease doing STRs, our property will simply become unoccupied
while we are not in residence.
*Other towns are attempting to restrict STR licenses (Telluride) and are finding that this is not the answer to the
housing issue.
This effort will end up backfiring if these proposed rule changes go through.
We have been following all of the rules to date and cooperative with the Town. Avon is receiving revenue that is already
excessive.
Second homeowners / STRs are not the problem. Stop digging into OUR pockets and figure out a public / private
partnership with the ski areas, the State and the County. I'd like to know what other solutions the Town Council has
discussed instead of always resorting to the "easy"
was: just keep raising taxes and fees.
Keep your hand out of our pockets and stop trying to restrict the use of OUR properties!
Kind Regards,
Al & Pam Bonneau
100 West Beaver Creek Blvd. #805
Avon, CO
Attachment A - STR Public Comment
1
Max Morgan
From:Monica Kryzer <mkryzer@hotmail.com>
Sent:Tuesday, May 10, 2022 11:54 AM
To:Short Term Rentals
Subject:Comments regarding increases to fees for short term rentals in Avon
We have been watching the discussion on this topic and want to provide input to the council. We have a three bedroom
unit in Avon that is owned by two couples (brothers and their spouses). We originally purchased the unit for friends and
family use without intending to rent. One couple moved to the area two years ago, and with covid afoot decided to use
STR as a mechanism to bring in some extra cash. Since one couple was local, it could be easily managed if any problems
occurred. One of us is on the HOA Board for our development and the Board members spend a considerable amount of
time ensuring safe sprinkler systems, snow removal, pest management, cleanliness, noise management, etc are in place
for the building. The owners are now in our second year of licensing. We use online booking services which request
safe cleaning practices. If a unit doesn’t provide safe and clean environments, reviews by users will quickly reduce
popularity of the units. We understood the added 2% in occupancy fees this year was to fund local worker or affordable
housing, which makes sense. There is a shortage of affordable housing and we support the idea of creating more
affordable homes. However, a huge increase in the cost of a license, such as being proposed by the town seems
ridiculous, especially in light of the potential number of rentals in the town and the fact that you would need to HIRE
people to monitor the regulations being proposed. How does this help create affordable housing?
In all likelihood, a huge license increase and additional inspections or rules to follow would cause us to remove our unit
from the STR market, which means the town of Avon will lose license fees, sales tax, and occupancy taxes.
On the other hand, buildings in Avon that have a front desk and multiple units for rent should be charged by unit, so that
those owners pay their fair share of fees and taxes. It’s unforgivable that this was overlooked in the past.
What the real intention of the proposals isn’t clear to us at this point. Is the town trying to bring in money to hire
personnel (which are in short supply in the valley btw) or to create more affordable housing? Or to reduce visitors to
the town? It seems that the council needs to get a clear idea of expected outcome before voting on options.
Monica Kryzer
Gypsum, CO
Sent from my iPad
Attachment A - STR Public Comment
1
Max Morgan
From:Kate Mead <katrinamead@comcast.net>
Sent:Tuesday, May 10, 2022 7:34 PM
To:Short Term Rentals
Cc:Warren Mead
Subject:Comments opposing proposed changes to Short Term Rentals
To Whom It May Concern
We are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon.
We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the
years by making our home available for visitors to Avon while we are not personally using our home.
While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution. Our
house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an
option for us. Working with the ski resorts, the county and the state to find long term sustainable solutions to this
problem should be where the town council focuses its efforts, not on further restricting short term rentals.
Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as
it would never be made available as a long term rental, but would have a significant negative impact on tax revenues
received by the town, while simultaneously negatively impacting the quality of family‐friendly accommodations for
visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t
also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large
portions of the year.
We strongly oppose changes to these rules. If they do go into effect, I think the town will find that it’s cut off it’s nose to
spite it’s face. Not only will the issue of housing availability not be improved by these measures, the town and local
businesses will be hurt by a significant decline in revenues generated by properties like ours ‐ which are subject to the
highest tax rates in Eagle county.
Sincerely,
Kate & Warren Mead
Attachment A - STR Public Comment
1
Max Morgan
From:Doug Petersen <douglas_petersen@hotmail.com>
Sent:Tuesday, May 10, 2022 11:55 AM
To:Short Term Rentals
Subject:Re: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING
The proposed fee hike is substantial and cost prohibitive. Going from $75 to $1,250 for a 3‐bedroom is over 1500%
increase. It will not make Short Term Rental issue better and will only push owners to maximize the number of days they
rent.
This is an overreach of government. There are better alternatives, like offering incentives.
With the existing 10% tax, Avon is already seeing tax revenues up 25%+ for 2021. Eventually this will get too overbearing
with more and more oversight. It will drive people to other cities that are more favorable & desirable.
From: MUNIRevs ‐ Avon <support@munirevs.com>
Sent: Monday, May 9, 2022 4:03 PM
To: douglas_petersen@hotmail.com <douglas_petersen@hotmail.com>
Subject: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Doug Petersen
10567 Skyreach Road
Highlands Ranch, CO 80126
May 9, 2022
Dear Licensee:
You are receiving this letter because you hold a Town of Avon business license relating to short‐term property rental.
The purpose of this message is to inform you that the Town of Avon is currently working through modifications to short
term rental process and procedures. Changes will likely include a new fee structure, based on unit type, and
requirements to satisfy minimum safety standards. We are also evaluating whether portions of Town may be better
suited for owner‐occupancy requirements, and/or a cap on total licenses.
Next Steps
The Avon Town Council is set to review potential changes at their May 24, 2022 meeting.
Comments
Your comments are valued and will be shared with the Town Council. Please direct written communication to
str@avon.org and they will be included in upcoming meeting packets.
Info
For more information on current and proposed regulations, as well as meeting packet information, feel free to visit
www.avon.org/str over the next several weeks for updates. For questions please contact Max Morgan, Planner 1+, at
Attachment A - STR Public Comment
2
970.748.4014.
Thank you
The Town of Avon
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Attachment A - STR Public Comment
1
Max Morgan
From:Luke Ramirez <lukeaaronramirez@gmail.com>
Sent:Tuesday, May 10, 2022 9:25 AM
To:Short Term Rentals
Subject:STR in Avon
Hello,
Thank you for your recent communication regarding STR in Avon and the upcoming meeting to discuss potential
changes.
I wanted to make sure to write in to express our concern for this issue. Our family recently acquired a beautiful condo in
Avon in hopes to be able to use it frequently throughout the year as a get‐away for our quickly growing family.
I was fortunate enough to use the condo for my bachelor party in March of 2022 and we had an amazing time
skiing Beaver Creek Mountain and made countless memories.
For our family, the need for STRs cannot be understated. Simply put, we will not be able to financially make the condo
work long term if it wasn't for the ability to STR the space during the times we are back at home. Not only would this be
beyond disappointing for our close family, but this would also hurt the business that is generated for our partners who
help make this dream vacation home viable. Our cleaning partner is a husband and wife team who have a small,
boutique crew of ladies underneath them that all benefit greatly from the cleaning fees they are able to recoup from
their services. That money effectively circulates directly back into the local economy. Not to mention the amount of
tourism dollars that also is generated from our guests who come to experience this lovely town.
Even though we are a boutique, family run operation, we would technically be classified as investors. We ensure our
dealings with our guests, the communication, and respect for the permanent locals of Avon is always at top of mind. The
clientele that the amazing real estate in Avon attracts is a classly, quality, low maintenance and respectful group that we
believe greatly benefits the community more than it hurts it.
We are grateful for the opportunity to express our thoughts on this matter and I hope the city takes these thoughts into
consideration.
Respectfully,
Luke Ramirez
Attachment A - STR Public Comment
1
Max Morgan
From:Jeff O'Brien <JOBrien@eastwest.com>
Sent:Wednesday, May 11, 2022 4:06 PM
To:Short Term Rentals
Cc:Jeff O'Brien
Subject:Avon STR Rental Licensing - Fractional / Timeshare Properties
Good afternoon,
As the town council forms a new policy around short term rental licenses, they should give special consideration to
fractional / timeshare properties. I oversee Falcon Point Resort at 175 Lake St. in Avon, 54 units with owners owning
individual weeks, over 2000 owners in total. Data points:
Due to the week by week ownership, the units cannot be used as long term rental housing.
About 10% of the owners place their weeks in the rental pool. Most owners own one week.
The additional rental inventory is owned by the association, approximately 230 weeks (a not for profit Colorado
LLC).
o Nearly all revenue from Association owned weeks is used to offset operating costs.
Owners can rent their weeks on their own or through any third party and not required to use the management
company on site.
The inventory released to rent goes into a pool, so unit assignments are not fixed.
The number of bedrooms available varies significantly, therefore very difficult if not impossible to calculate
average bedrooms available or charge licenses on a per‐bedroom basis.
Please be mindful of the non‐standard situation Avon’s fractional properties present. Thanks for the consideration.
My best,
Jeff
Jeff O’Brien
Director of Operations
300 Prater Rd. PO Box 8280 | Avon, CO 81620
d: 970.790.3121 | m:801.360.3027
jobrien@eastwest.com
Attachment A - STR Public Comment
1
Max Morgan
From:Shelley Slater <soslater2@gmail.com>
Sent:Wednesday, May 11, 2022 9:21 AM
To:Short Term Rentals
Subject:Thoughts on STR
Tuesday, May 10, 2022
Town of Avon, Short Term Rentals
Comments from a community member
This letter is in response to solicited comments for the Town of Avon town council while the members ponder short term rental
modifications.
As an 18 year resident of Avon, I would like to share my situation so that you can keep in mind the importance for some of us who use
rental income to partially fund living in the community.
I live in the Avon Center or 100 W Beaver Creek Blvd. The condo I purchased back in 2004 is a 3 bedroom with 2 bedrooms configured
like a hotel room - separate entrances bed and bath. Although some of my neighbors rent these small units out for long term, they are
not really designed for that purpose. There are no cooking facilities.
I feel fortunate that I was able to find and purchase a property that provides the ability for me to have a source of income that
supplements other work that I do. I would not be able to live in the valley without it.
Shortly after I moved to the valley, I was laid off from my good paying job. At the age of 50, I found it difficult to find work in the field
where my competencies were. The jobs in the valley did not pay any where near the income that I needed to get by and my age
seemed to be a factor. I did what I could to maintain some sort of lifestyle, but it has been a struggle.
I started renting out 2 of my rooms to supplement living expenses over the last 18 years. Other work that I have done is real estate -
both selling and a little property management, some consulting work for construction and telecommunications, and most recently, I
have started an Appliance Repair Business after realizing a huge need in the valley for these services. However, starting a business
requires a huge financial commitment and cash outlay and the income that I get from my short term rentals is a very vital source of
income to keep me financially afloat.
The costs for me to do this are increasing. I understand that there are some investors who are maybe, unfairly, profiting from the whole
Airbnb short-term rental phenomena, but there are business license fees with the Town of Avon as well as the State of Colorado.
Airbnb, the best place I have found to market my rentals, charges substantial fees and with the new 2% additional tax on non-hotel
short-term rentals that was recently implemented, I am finding it harder and harder to compete. More fees and regulations will make it
even more difficult.
I am sure I am not the only one in this situation. I will be happy to discuss my thoughts and possible solutions with any member of the
town council.
Thanks for listening,
Shelley Slater
soslater2@gmail.com
720-299-7585
Slater Consulting, LLC
soslater2@gmail.com
720‐299‐7585
Attachment A - STR Public Comment
2
Attachment A - STR Public Comment
From:Michael Valigore
To:Short Term Rentals
Subject:short-term rental feedback
Date:Friday, May 13, 2022 1:59:37 PM
Hello,
We live in Sunridge. This condo is our primary and only residence. Throughout the year, we
rent the extra bedroom in our condo on Airbnb to provide an extra source of income. We also
rent out the whole unit when we are out of town or it makes financial sense to do so.
We are happy to pay whatever taxes/fees levied by the town. But we think it is unfair that we,
as year-round residents who own one property, pay the same tax/fee rates as someone who
lives out of state and short-term rents their multiple investment properties.
Thank you for your time,
MK Homestay
#007676
Attachment A - STR Public Comment
From:Sara George
To:Short Term Rentals
Subject:Avon Short Term Rental Comments
Date:Sunday, May 15, 2022 1:16:01 PM
Thank you for your email regarding upcoming potential changes to short term rentals in
Avon.
We agree there needs to be minimum safety standards for any rental, long term or short term.
We certainly hope that we are able to continue to offer our condo in Chapel Square for other
families to enjoy during the ski season, by means of a short term rental. This brings in a large
amount of revenue each season for the Avon and Beaver Creek area. It would be a great loss
of revenue for the entire area.
This decision needs to be made as soon as possible, since we already have several families that
have reserved their stay, as well as bought epic passes. If we need to change our fee structure
we need to know ASAP.
If you should decide to raise it more than the 10% already being paid, it will become a place
that most families/tourists cannot afford to rent any longer, thus a lost income for
Avon/Beaver Creek. We try to offer our rental at a price families can still afford to enjoy
experiencing the wonderful mountains. We hope the Town of Avon will continue to make the
right decisions as it has become a beautiful town for tourists to visit during all seasons.
However, if you choose to not allow short term rentals in Chapel area, we will NOT change to
long term rental. We enjoy coming out to use the condo during the non busy season, which
would not allow us to offer it as a long term rental.
Robert George, Chapel Square Unit 230 owner
608-406-6302
Attachment A - STR Public Comment
From:Morrison, Keith
To:Short Term Rentals
Subject:Proposed Short Term Rental Changes in Avon
Date:Sunday, May 15, 2022 8:09:04 PM
Attachments:image001.png
To Whom It May Concern
On behalf of my family, including my two children learning to ski at Beaver Creek, we
are writing to express our STRONG opposition to proposed changes to short term
rentals in the town of Avon.
We are second home owners in Avon and have been significant contributors to the
tax revenues of the town over the years by improving the property, and making our
home available for visitors to Avon, while we are not personally using our home.
While we understand there are issues with a shortage of housing, restricting short
term rentals isn’t the solution. Our house is occupied by us or family and friends
frequently throughout the year. Therefore, long term rentals are not an option for us.
Working with the ski resorts, the county and the state to find long term sustainable
solutions to this problem should be where the town council focuses its efforts, not on
further restricting short term rentals.
Restricting our ability to rent our house when we’re not there would not only NOT help
with the housing supply issue, as it would never be made available as a long term
rental, but would have a significant negative impact on tax revenues received by the
town, while simultaneously negatively impacting the quality of family-friendly
accommodations for visitors to Avon, who also bring money to the town and to local
businesses. It’s difficult to imagine that there wouldn’t also be a deleterious effect on
Avon neighborhoods from having vacant homes, like ours would be, for possibly large
portions of the year.
We strongly oppose changes to these rules. Not only will the issue of housing
availability not be improved by these measures, the town and local businesses will be
hurt by a significant decline in revenues generated by properties like ours - which are
subject to the highest tax rates in Eagle county.
Thank you for your consideration,
-Keith
Keith MorrisonSr. Director, Global Marketing | Patient MonitoringBlood Oxygen Management & Respiratory Compromise
Medtronic6135 Gunbarrel Ave | Boulder, CO 80301 | USAOffice 303.305.2607 | Mobile 303.808.5863 keith.a.morrison@medtronic.com medtronic.com | Facebook | LinkedIn | Twitter | YouTube
Attachment A - STR Public Comment
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Attachment A - STR Public Comment
From:Dana Rubin
To:Short Term Rentals
Subject:letter of opposition to short term rental proposal
Date:Monday, May 16, 2022 9:44:45 AM
To Whom it May Concern,
Please take into consideration the following reasons why we are STRONGLY against
changing the terms of short term rentals.
1. Changing them will not help the issue of affordable housing, it actually could create the
opposite effect. Because I use my property a lot during the year, long term rentals are not an
option and with real estate selling at an all time high the long term rents would be
unaffordable to most.
2. Short term rentals bring a lot of income into the town of Avon. Why would you want to
limit that????
3. Travelers looking for rentals would choose other places to go because short term rentals are
a hugely desirable accommodation choice.
We oppose changes to the current rules for short term rentals because of the above reasons and
because it's been working so well the way things stand.
Thank you for your time,
Mitchell and Dana Runin
Attachment A - STR Public Comment
-----Original Message-----
From: matt Tonn <mtonn78@icloud.com>
Sent: Tuesday, May 17, 2022 1:43 PM
To: Council Everyone Group <council@avon.org >
Subject: 5/17Comments for town council meeting
All, my name is Matthew Tonn, Full time resident/Owner, here at:
816 W. Beaver Creek Blvd Lakeview Condominiums, Avon
I’d like to comment on the t opic of STR.
I strongly oppose STR in our Avon condominium/ apartment complexes as a whole.
I am in favor of the recent re-zoning map that would no longer allow Lakeview at Benchmark
Condominiums to STR.
We are steps away from the elementary school(school zone). I cannot think of another town in the
world that has hotels in a school zone? Clerkless hotels in our case.
Community safety and security is being compromised by transient turn and burn rentals .
Avon is loosing residents and community that I’ve grown to love over the past 22 years. Let’s keep our
full time/ year round residents a top priority, please. There is no community without us.
Matthew Tonn
Lakeview at Benchmark Condos
Sent from my iPhone
Attachment A - STR Public Comment
ATTACHMENT E: Ordinance 22-09
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
First Reading – June 14th 2022
Page 1 of 4
ORDINANCE 22-09
AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE AND
AMENDMENT TO THE TOWN CORE MAP
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has
submitted a Code Text Amendment application to modify the Short-Term Rental Overlay
District (“STRO”), as well as to amend other applicable sections directly related to this
particular amendment; and
WHEREAS, the Town Core map as referenced within the Avon Municipal Code has not been
altered since 2011 and changes in development within and around Avon warrant the
amendment of this defined area, such that it should be expanded; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on , 2022; and prior to
formulating a recommendation to the Town Council considered all comments, testimony,
evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a
recommendation to the Town Council to [approve/deny] the Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances and State of Colorado law, has review and decision-
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC
Section 7.16.020(d), Step 4: Notice, Council held public hearings on May 24, 2022 (and
, 2022,) prior to taking final action considered all comments, testimony, evidence and
Town Staff reports; and then Council took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.040, Review Criteria the Town Council has considered
the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is
consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest
accommodations that strengthen Avon’s identity as both a year round residential community and a
tourism center while preserving the opportunity to also ensure long-term residential opportunities for
workforce in these units; and
ATTACHMENT E: Ordinance 22-09
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
First Reading – June 14th 2022
Page 2 of 4
WHEREAS, all existing Properties remain suitable for short term rental usage, and all short
term rental licenses for the affected properties, if affected, shall be grandfathered as licenses
that are allowed to continue until either the cessation of the STR use in these unit(s) by the
owner or a change in unit ownership occurs; and,
WHEREAS, all of the potentially affected Properties are located outside of the Town Core,
where STRO has not been affected, and
WHEREAS, this amendment will increase compatibility of STRs of neighboring properties
and decrease workforce displacement within the current Properties; and
WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full-
time basis, occupied by the unit owner or a renter of the unit thereof. RO verification and
investigation for STR licensing purposes shall be determined appropriate by the Town Manager
to ensure that a resident is continuously occupying and using the residence in a full-time
capacity; and
WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the
same time conserving the value of the investments of owners of property in the Town in
accordance with the Purpose statements in the Avon Development Code; and
WHEREAS, the health, safety and welfare of the citizens of the Avon community would be
enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does
not constitute a representation that the Town Council, or any member of the Town Council,
supports, approves, rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Redefining Town Core. The area and map of the Town Core has been updated
to include certain residential properties that contain a significant number of front desk managed
rental properties including Short Term Rentals and time-share properties. The new map has
been attached as EXHIBIT B
ATTACHMENT E: Ordinance 22-09
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
First Reading – June 14th 2022
Page 3 of 4
Section 3. Code Text Amendments. AMC §7.20.190 and AMC §7.24.050 are hereby
amended as depicted in “Exhibit B – Code Text Amendments” with strike-out depicting
language to be deleted and underline depicting language to be added.
Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid
STR license with the Town of Avon on the effective day of this ordinance shall continue to
remain in effect until abandonment of the Short Term Rental use, change in ownership, or
revocation of the Short Term Rental license in accordance with the procedures set forth in
Chapter 5.04 Business Licensing, as may be amended from time to time.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity
shall not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable. The Town Council hereby declares that it has passed this Ordinance
and each provision thereof, even though any one of the provisions might be declared
unconstitutional or invalid. As used in this Section, the term “provision” means and includes
any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
“application” means and includes an application of an ordinance or any part thereof, whether
considered or construed alone or together with another ordinance or ordinances, or part thereof,
of the Town.
Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the
condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days
after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right
or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper
actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or
right, and for the purpose of sustaining any judgment, decree or order which can or may be
rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing,
inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and
ATTACHMENT E: Ordinance 22-09
Ord 22-09 Modification to the Town Core Map and Code Text Amendment
First Reading – June 14th 2022
Page 4 of 4
held as remaining in force for the purpose of sustaining any and all proceedings, actions,
hearings, and appeals pending before any court or administrative tribunal.
Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on [ ], 2022 and setting such public
hearing for [ ], 2022 at the Council Chambers of the Avon Municipal
Building, located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
[ ], 2022.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
PROPOSED TOWN CORE MAP 2022
PROPOSEDEXISTING
EXHIBIT A
EXHIBIT B
PROPOSED CODE CHANGES - SHORT TERM RENTALS
B Page 1 of 10
PROPOSED PROCESS: GENERAL TEXT AND TOWN CORE MAP AMENDMENT
TITLE 7 – DEVELOPMENT CODE
7.08.010 – General Definitions.
Town Core means the central commercial core area of Town, including the areas zoned Town
Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial
(NC), Shopping Center (SC) and PUD, but not including certain residential parcels which are zoned for
only residential use as shown. See the Town Core Map
7.20.090 - Overlay districts.
(a) Short Term Rental Overlay - STRO.
(1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short
term rentals of properties, including but not limited to accommodation, apartments, bed
and breakfast, condominium, hotel, lodge, motel and residential properties for periods
fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone
district shall be an overlay zone district which shall apply to allow short term rentals of
properties. Properties in the STRO zone district shall otherwise be subject to all
requirements of the underlying zone district.
(2) Allowed Use. The following uses shall be permitted in the STRO District:
(i) The uses permitted in the underlying zone district or planned unit development
(PUD).
(ii) Short term rental, except that short term rental use shall not be permitted for any
residential unit which is deed restricted for affordable Community Hhousing, long
term residential use, primary residential use or full time residential use.
(3) Short Term Rental. For the purpose of this Chapter, short term rental shall mean the
rental of property for a total continuous duration of less than thirty (30) days.
(4) Development Standards. The developments standards within this overlay zone district
are regulated by the underlying zone district.
(5) Sales and Public Accommodations Tax License. Any property owner who leases or
rents property in the STRO District shall obtain a sales tax license in accordance with
Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28.
The failure to obtain a sales tax license or public accommodations tax license prior to
using property for short term rental in the STRO shall be a violation and subject to
penalties as described in Title 3.
EXHIBIT B
PROPOSED CODE CHANGES - SHORT TERM RENTALS
B Page 2 of 10
(b) Short Term Rental And Town Core:
(1) Intention. Properties located outside and inside of the Town Core may be permitted to
allow short term rentals in all zone districts outside of the Town Core and Planned Unit
Developments (“PUDs”) for fewer than thirty (30) days subject to the provisions of this
Chapter. Properties shall make an application to allow short term rental of properties,
subject to all requirements of the underlying zone district.
(i) STRs shall be issued in accordance with Avon Municipal Code Title 5.
(2) Allowed Use. The following uses shall be permitted:
(i) Short term rentals.
(ii) Other Uses shall be permitted pursuant to the provisions in the underlying zone
district.
(iii) Short term rentals shall not be permitted within any residential unit which is deed
restricted or reserved for: Community Housing, long term residential use, primary
residential use or full time residential use.
(c) Planned Unit Development. All PUD zone districts shall comply to the dimensional and
development standards as well as the review processes and criteria outlined in Section
7.16.060, Planned Unit Developments.
7.24.050 - Use-specific regulations.
(a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed
Uses) must conform to siting and use provisions of the Avon Comprehensive Plan.
(b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are
approved accessory uses.
(c) Home Occupations. A home occupation must comply with the following limitations and
conditions:
(1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable
outside the dwelling unit where such activity is taking place;
(2) The use is limited to no more than five (5) customers or visitors, other than the occupants,
per day;
(3) If the use is a day care, the use is limited to no more children than allowed by the state
license for a childcare home (a state license is also required to operate a childcare home);
EXHIBIT B
PROPOSED CODE CHANGES - SHORT TERM RENTALS
B Page 3 of 10
(4) The use does not have visible storage of equipment or parking of vehicles not normally
associated with a residential use, including but not limited to trucks with a rating greater
than three-quarters (¾) ton, earth-moving equipment or cement mixers;
(5) The use does not alter the exterior of the property or affect the residential character of the
neighborhood;
(6) The use does not interfere with parking, access, other normal activities on adjacent
properties or with other units in a multifamily development;
(7) Employees are not permitted to work on the property; the use shall be carried on by the
inhabitants of the property;
(8) The use does not require alteration to the residence to satisfy applicable Town fire or
building codes or county health regulations;
(9) Exterior signs are not permitted; and
(10) There may be only incidental sale of stocks, supplies or products.
(d) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply
with the following limitations and conditions:
(1) The marketing and sales practices for a timeshare development shall not include
solicitation of prospective purchasers of timeshare units on any street, walking mall,
courtyard or other public property or facility unless otherwise permitted by the Town.
(2) The parking requirement for a timeshare development shall be calculated by applying
the parking standard for the underlying zone district for lodge uses. The parking
requirement shall be calculated based on the maximum number of proposed lock-off units
in the development, unless an appropriate level of guest transportation services, such as
vans, car-share or shuttle vehicles, are offered as an alternative to having owners and
guests using their own vehicles in the Town.
(3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-
site when the owner is not using the estate.
( Ord. 13-02 §4; Ord. 10-14 §3)
(e) Short Term Rental must comply with the following limitations and conditions:
(1) Premises shall conform to the applicable requirements of the Town’s building, technical
and safety codes adopted by reference in the Avon Town Charter and Municipal Code.
(2) Premises must comply with the Minimum STR Management Requirements set forth in the
Avon Municipal Code Section 5.04.050, Short Term Rentals.
( Ord 22-09))
EXHIBIT B
PROPOSED CODE CHANGES - SHORT TERM RENTALS
B Page 4 of 10
SEE PROPOSED TOWN CORE MAP CHANGE EXHIBIT B
STR Schedule
Ordinance 22-09 will require Planning and Zoning Commission meetings for modifications to Title 7, Development
Code. Specifically, for the Code Text Amendments and changes to the Town Core Map, and for any amendments to
the Short Term Rental Overlay Zoning. PZC meetings are first and third Tuesdays, each month. Notice will include
newspaper and mailed notices to affected persons of the land use application at least 11 days prior to hearing. The
agenda and PZC packets also are posted on our webpage.
The Ordinances themselves (were there no development code amendments) need only a public hearing for First
Reading of an ordinance. If the ordinance is adopted at First Reading, a physical posting is required indicating the
time and date for the Second Reading. After Second Reading and final reading, newspaper notice, and a physical
posting of the ordinance is necessary.
The following is the anticipated schedule, should Ordinance 22-09 be approved at First Reading, June 14th:
Town Council
Town Council “Table to” Date
Planning & Zoning Commission
Planning & Zoning Commission 2nd Meeting Date
Public Notice Out To Distributor
Public Notice Published In Newspaper
Jun 2022
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
Jul 2022
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
Aug 2022
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Kayak Crossing Refinancing
DATE: June 10, 2022
SUMMARY: This report provides an overview of the refinancing process for Kayak Crossing and the Town
of Avon’s actions that are required as Project Sponsor under the original Project Agreement. Kayak
Crossing is a 50 unit apartment project in the east end of the Eagle-Vail commercial area on Highway 6.
Kayak Crossing is owned by the Eaglebend Dowd Affordable Housing Corporation (“EDAHC”). This
project was originally constructed and financed as a 63-20 Corporation which required a local government
sponsor. The Town of Avon served as that local government sponsor and is a party to a “Project
Agreement” whereby the Town of Avon has the right to approve any refinancing, the right to automatically
take title when the debt is paid-off, and the right to pay-off existing debt at any time.
Structurally, the refinancing is very similar to the 2017 refinancing of the Eaglebend Project. In the
Eaglebend refinancing the existing debt was paid-off, the property was conveyed to the Town of Avon as
required under the terms of the Project Agreement, then Town of Avon conveyed the property to the Public
Finance Authority for a required 90 day holding period, and the property was then conveyed back to the
Eaglebend non-profit. Under this refinancing, the Town would similarly accept a donation of a quit claim
deed for the property, then would convey the property to Public Financing Authority, who would hold the
property for 90 days, then the property would be conveyed back to EDAHC. In the previous refinancing the
Avon Town Council approved Emergency Ordinance No. 17-07 Approving the Conveyances and a new
Project Agreement.
PROJECT AGREEMENT: The Town of Avon approved a Project Agreement on July 1, 1998. The ’98
Project Agreement gives the Town of Avon certain rights as well as the right to one seat on the Kayak
Crossing Board of Directors. The Project Agreement is included as ATTACHMENT C: Project
Agreement.
REHABILITATION PROJECT: The overall budget to refurbish the project is approximately $6,000,000,
which will include replacement of windows, doors, roof, siding and appliances. The primary purpose of the
refinancing is to take out additional debt to pay for the costs of this refurbishment project. A project update
for the EDAHC is re-included with this report as ATTACHMENT D: Project Update.
REFINANCING: The refinancing is primarily for the purpose of substantial refurbishments of the Kayak
Crossing property. The approved refinancing from FirstBank is included as ATTACHMENT B: FirstBank
Letter of Loan Interest dated April 18, 2022. As part of the refinancing, the original subordinated debt of
$1.6 Million will be paid-off. The original subordinated debt has an interest rate of 8% so it will be beneficial
to pay-off this debt to a lower rate. The loan terms are for up to $13,000,000 at 4.14% interest rate,
amortized over 35 years, fixed for 10 years, with a 1% loan fee. The repayment penalty begins at 3% the
first year and then reduces to 1% two years after the date of closing.
COUNCIL ACTION: No action is required at this time. Council can expect an ordinance for the June 28,
2022 Council meeting authorizing the Town’s consent to the refinancing, conveyance of EDAHC to Public
Finance Authority, and approval of a new Project Agreement.
Thank you, Eric
ATTACHMENT A: Kayak Sources and Uses of Funds
ATTACHMENT B: FirstBank Letter of Loan Interest
ATTACHMENT C: Project Agreement
NOI - 2022 Budget 824,000$
Assumed FirstBank Prior terms
Assumed Appraised Value @ 5%16,500,000$ 16,340,000$ appraisal
Loan-To-Value @ 80%
Maximum Loan 13,200,000$ 13,000,000$
Transaction Costs 2.5%(330,000)$ (325,000)$
Net Proceeds 12,870,000$ 12,675,000$
Terms Interest Rate 4.14%fixed 4/8/22 4.0%
Amortization years 35
Final Maturity years 10
Annual Payments (paid monthly)$703,889 690,729$
DSC %1.17 1.19
Existing Debt 2014A 5/31/2022 7,480,000$ 7,480,000$
B Bonds 600,000$ 600,000$
C Bonds 1,000,000$ 1,000,000$
EBA 430,000$ 430,000$
Accrued Int 101,000$ 101,000$
Total Debt 9,611,000$ 9,611,000$
Project Budget (incl 5% contingency)5,600,000$ 5,900,000$ 4/12/2022
Sorces and Uses
Sources:Net proceeds from FirstBank 12,675,000$
Subordinate loan from Eaglebendnet 2,900,000$ updated 2,369,000$ net
assistance from Eagle County TBD
assistance from River Run for Road TBD
Existing Working Capital 200,000$
Total Sources 15,775,000$
Uses:Pay off existing Bonds 9,611,000$
Project Costs 5,900,000$
remaining Working Capital 264,000$
Total Uses 15,775,000$
Note:The FirstBank scenario now refects paying off the Eaglebend notes and cosolidating into a single note for $2.9 million.
A combination of funding from River Run, Eagle County and Eagelebend could reduce the Eaglebend amount. We would reset the
interest rate to a 2% rate resulting in annual interest burden of $58K, or $76K lower than existing sub debt.
Eaglebend Dowd Affordable Housing Corp
2022 Proposed Refi / Sources and Uses
(value constrained)
ATTACHMENT A: Sources and Uses of Funds
Rev. 12/2017 Page 1 of 7
FirstBank
11 West Beaver Creek Blvd Avon, CO 81620
April 18, 2022
Eaglebend Dowd Affordable Housing Corp DBA Kayak Crossing
28 2nd St. Unit 215
Edwards, CO 81632
RE: 1st DOT – 41900 HWY 6 & 24
Avon, CO 81620
Dear Mr. Flynn:
FirstBank (“Bank”) is pleased to provide this Letter of Loan Interest (not a loan commitment) to
Eaglebend Dowd Affordable Housing Corp DBA Kayak Crossing (“Borrower”) related to the
proposed financing of Kayak Crossing – 41900 HWY 6 & 24 Avon, CO 81620. Quotes of interest
rates and margins represent FirstBank’s rates in effect as of the date of this letter. Rates and
margins are subject to change.
GENERAL TERMS
Borrower: Eaglebend Dowd Affordable Housing Corp DBA Kayak
Crossing
Guarantor(s): N/A
Collateral: 1st Deed of Trust
41900 HWY 6 & 24
Avon, CO 81620
Loan Amount: The loan amount will not exceed the lesser of $13,000,000
or 80% of the as-is appraised value.
ATTACHMENT B: FirstBank Loan Terms
Rev. 12/2017 Page 2 of 7
Loan Terms: Payments will be based on a 35-year amortization with a
loan maturity of 10 years. Payments during the first 12
months will be interest-only on the amount drawn, after
which point the loan will amortize over 420 months.
Interest Rate: 10-year fixed rate: The rate of interest will be fixed for
the term of the loan at 4.14%.
Rate Lock: The rate was locked with the execution of a FirstBank
Commercial Rate Lock Agreement and the receipt of a rate
lock fee in the amount of $50,000 on April 7, 2022. This
fee is refundable at loan closing; however, if the Borrower
elects not to pursue the closing of this loan with the Bank,
the fee will be deemed nonrefundable and will be
retained by the Bank. The loan must close within 90 days
of the rate lock date.
Deposit Accounts: The quoted rates assume the Borrower and or related
parties will establish or maintain primary banking and all
operating accounts with the Bank.
Merchant processing to be provided by FirstBank unless
found to be more expensive than your current provider in
a bank provided analysis.
Loan Fee: 1%
Should a loan commitment be provided by Bank on terms
generally consistent with this loan proposal, the $50,000
loan fee paid on April 7, 2022, shall be deemed earned
and non-refundable.
Should Bank not issue a loan commitment for the
proposed financing on terms generally consistent with this
loan proposal, the funds paid to Bank shall be refunded to
the Borrower, less all reasonable out of pocket costs
incurred in connection with this loan proposal.
Expenses: In addition to the above loan fee, Borrower shall be
responsible for payment of all reasonable costs including,
but not limited to: appraisal, title insurance,
environmental investigation/insurance, filing fees,
attorney fees, third-party inspection fees, and survey.
Recourse: The loan will be structured as a full recourse obligation of
the Borrower. The Borrower will indemnify Bank over
environmental matters, fraud, waste, payment of property
taxes and insurance premiums, and diversions of rents,
insurance or sales proceeds or other revenue assigned to
Bank as security for the Loan.
Loan Documents: The Bank’s obligation to close the Loan shall be
conditioned upon delivery and execution by Borrower to
Bank of loan documents satisfactory to Bank. Such
documents will contain conditions to borrowing,
ATTACHMENT B: FirstBank Loan Terms
Rev. 12/2017 Page 3 of 7
representations and warranties, covenants, events of
default, indemnification, payment of expenses, and other
provisions normal and customary for loans of this type.
Documentation Requirements: The following will be required prior to closing:
1. Financial information as requested by the Bank
2. Acceptable appraisal
3. Acceptable environmental report
4. Acceptable insurance policy, tax certificate, and title
insurance commitment
5. Operating agreements for all borrowing entities
6. Complete copies of all leases related to the subject
property, and upon request, executed Tenant
Estoppel Certificates and Leasehold Subordination
Agreements
7. Any other documents reasonably required by Bank or
its legal counsel
Credit Information: Borrower authorizes Bank, its employees, agents,
successors, assigns and affiliates to:
1. Make whatever investigation Bank deems appropriate
concerning Borrower, Borrower’s request for credit,
and in the collection and periodic review of the loan
2. Share information obtained with prospective
purchasers of assignments and participation in the
loan and as otherwise permitted by law. Without
limiting the foregoing, Bank may obtain credit reports
and other information regarding Borrower’s deposit
accounts, income and banking credit, business and
employment relationships and may verify such
information. If Borrower is married and lives in a
community property state, this authorization is also
made on behalf of Borrower’s spouse, even if he or
she is not a co-Borrower.
Representations: Borrower affirms that all financial information provided in
conjunction with this request for credit is true, accurate,
and complete. Borrower has read and understands this
loan application and warrants to be true and correct all of
the information contained herein (including any
supplemental pages attached to and made a part hereof)
and all other documents submitted to Bank herewith.
Borrower expressly warrants to have the authority to act
on behalf of other principals, if any, connected with the
subject property, and is in all respects qualified to accept
such financing if offered.
Patriot Act: Pursuant to the requirements of the USA PATRIOT ACT,
Bank is required to obtain, verify and record information
that identifies you, which information includes your name
and address, date of birth and other information that will
ATTACHMENT B: FirstBank Loan Terms
Rev. 12/2017 Page 4 of 7
allow Bank to identify you in accordance with the Act. The
Bank may ask to see and copy your Driver’s License and
other identity documents.
OTHER CONDITIONS – COMMERCIAL REAL ESTATE LOANS
Pre-payment: This Note may not be prepaid, in whole or in part, except
pursuant to the terms and conditions of this
paragraph. Borrower will have the right to prepay all or
any portion of the unpaid principal balance on this Note
on the following terms and subject to the following
conditions: (a) Borrower will give Lender not less than
thirty (30) days prior written notice (“Prepayment
Notice”) specifying the scheduled payment date on which
such prepayment is to be made (“Prepayment Date”) and
the principal amount Borrower elects to prepay (“Prepaid
Principal Amount”), (b) Borrower will pay to Lender on the
Prepayment Date the sum of the following: (i) the
prepayment fee (“Prepayment Fee”) in an amount equal
to: (A) three percent (3%) of the Prepaid Principal Amount
if the Prepayment Date is on or before the date that is
twelve (12) months from the Conversion Date (“One Year
Date”); (B) two percent (2%) of the Prepaid Principal
Amount if the Prepayment Date is after the One Year Date
but on or before the date that is twenty-four (24) months
from the Conversion Date (“Two Year Date”); (C) one
percent (1%) of the Prepaid Principal Amount if the
Prepayment Date is after the Two Year Date, plus (iii)
default interest and late charges, plus (iv) accrued and
unpaid interest, plus (v) the Prepaid Principal
Amount. No Prepayment Fee will be due if the
Prepayment Date is within 180 days of the maturity of this
Note. If the Note is refinanced with another lender or
with any borrowed funds during the first phase (draw
period) of the Loan, the Prepayment Fee will equal one
percent (3%) of the face amount of this Note. If a
Prepayment Notice is given, such notice will be
irrevocable, and the sums required to be paid as set forth
in clauses (i) through (v) of this paragraph will be due and
payable on the Prepayment Date. Without limiting any of
the provisions of this paragraph, Lender will not be
obligated to accept any prepayment of the principal
balance of this Note unless it is accompanied by the
Prepayment Fee, if applicable, due in connection
therewith. Notwithstanding anything to the contrary set
forth herein or in any other loan document, the
Prepayment Fee will be due and payable pursuant to the
terms herein whether the prepayment is voluntary,
ATTACHMENT B: FirstBank Loan Terms
Rev. 12/2017 Page 5 of 7
involuntary, or occurs because of a foreclosure, default or
an acceleration of the Loan for any reason, including,
without limitation, because of default, sale, insolvency,
disposition or bankruptcy filing.
Debt Service Ratio: The loan will require an on-going minimum debt service
coverage ratio (DSR) of 1.15. The DSR will be calculated by
dividing the actual annual net operating income, before
depreciation and interest expense, by the annual loan
payments. Bank will monitor compliance on an annual
basis for each previous 12-month period.
Debt Yield Ratio N/A
Reserves for Replacement: N/A
Reserves for Taxes and Insurance: Bank will not be collecting reserves for taxes and
insurance. Borrower will be responsible for the payment
of property taxes and hazard insurance. Borrower will be
responsible for ensuring the collateral is fully insured in an
amount equal to the full replacement cost of the property
for the entire term of the loan.
Financial Covenants: The Loan will convert to a Permanent Loan in the amount
of $13,000,000 (“Permanent Loan Amount”) on or before
the Conversion Date, at which time monthly payments of
principal and interest amortized over 35 years, with an
interest rate of 4.14% will be due and payable for a period
of Ten (10) years from and after the Conversion Date, so
long as no Event of Default has occurred or is continuing
under the Loan Documents and the following have been
satisfied (collectively, the “Conditions to Conversion”):
1. You, at your option, will have received, reviewed and
approved a written appraisal prepared in conformance with
statutory and regulatory requirements to your satisfaction
that, as of the Conversion Date, the Loan amount as a
percentage of the “As-Stabilized” Market Value of the
Property (as defined and calculated pursuant to a stabilized
level of occupancy as reflected in the appraisal acceptable
to you and provided to you within the (60) day period prior
to the Conversion Date) does not exceed 80% (“Minimum
As-Stabilized Loan-to-Value Percentage”); provided,
however, in the event such “As-Stabilized” Market Value is
not adequate to meet the required Minimum As Stabilized
Loan-to-Value Percentage, then I must on or before the
date that is thirty (30) days after the Conversion Date
reduce the then outstanding principal balance of the Loan
by an amount necessary to satisfy Minimum As-Stabilized
Loan-to-Value Percentage.
ATTACHMENT B: FirstBank Loan Terms
Rev. 12/2017 Page 6 of 7
2. I will have reduced the principal balance of the Loan to the
Permanent Loan Amount or such lower amount as may be
required by 1. above;
3. I will have received a final certificate of occupancy or
completion certificate for the Project and delivered
evidence thereof to you;
4. I will have furnished to you an “As-Built” survey of the
Property satisfactory to you;
5. I will have delivered to you “date down” and mechanics lien
endorsements to your title insurance policy showing no
mechanic’s liens to date, and I have will delivered any other
endorsement required by you;
6. I have furnished to you any additional documents, leases,
financial statements and/or other information reasonably
requested by you;
7. I will execute and any modification documents necessary or
required by you to convert the Loan to a Permanent Loan;
and
8. I will be responsible for all reasonable and customary costs
in connection with conversion to the Permanent Loan,
including, without limitation, any appraisal costs, updated
survey costs, attorney fees, filing fees, title insurance policy
endorsements, and tax certificate fees.
Financial Reporting: On an annual basis: Borrower prepared financial
statements shall be submitted to the Bank for the
Borrower and Guarantors within 120 days of fiscal year-
end, Guarantor financial statements are to include a
detailed real estate schedule, financial projections for
project for the ensuing year within 60 days of fiscal year-
end, Borrower and Guarantor tax returns due annually 60
days after filing, all other financial statements for
Borrower and Guarantor that Bank may reasonably
request.
If the terms outlined are acceptable, please sign below and the rate lock fee of $50,000 previously
provided by Borrower shall be considered the loan fee.
Upon receipt, FirstBank will immediately proceed with the formal underwriting and approval of
the proposed loan. This letter and the terms disclosed herein are confidential for the exclusive
use of the Borrower and should not be shared with any third parties, including any financial
institution or intermediary, without FirstBank’s prior written consent. The terms outlined in this
letter will expire unless the Letter of Loan Interest is fully executed and returned, along with the
loan fee, no later than April 22, 2022.
ATTACHMENT B: FirstBank Loan Terms
Rev. 12/2017 Page 7 of 7
Please contact me directly with any questions at 970-845-3104. Thank you very much for
providing FirstBank the opportunity to participate in this project.
Sincerely,
Presley Ilieva
Senior Vice President
APPROVED AND ACCEPTED by me this _____ day of April 2022.
BY: Gerald E. Flynn
______________________________________
By Gerald E. Flynn as an authorized signer of Eaglebend Dowd Affordable Housing Corp DBA
Kayak Crossing
ATTACHMENT B: FirstBank Loan Terms
ATTACHMENT C: Project Agreement
ATTACHMENT C: Project Agreement
ATTACHMENT C: Project Agreement
ATTACHMENT C: Project Agreement
ATTACHMENT C: Project Agreement
ATTACHMENT C: Project Agreement
1
Eaglebend Dowd Housing Corporation
To: Town of Avon – Town Council
Cc: Gerry Flynn, Eric Heil, Jeff Spanel, Tracy Walters
From: Craig Ferraro
Date: May 18, 2022
Re: Kayak Crossing – Refurbishment Project Update
As you are aware we have begun the process of refurbishing the Kayak
Crossing affordable housing. This memo gives a quick update on progress
on that refurbishment as well as where we stand on refinancing the debt.
Construction Progress
Boiler replacement, which was started this winter, is now essentially
completed, with just a few follow-up items to go. We expect to see
operational cost savings from the new system.
We have signed the construction contract with the contractor, after finalizing
scope and cost of the exterior and interior refurbishments. Materials with
significant lead times have been purchased to ensure they will be available
when needed. The contractor has mobilized, and deconstruction work has
begun with siding removal taking place on the first building. No significant
issues have been encountered and the contractor will begin insulation and
window/door replacement shortly, followed by new siding.
Scope of road upgrade has been finalized and we have begun some of the
tree work needed to begin this project.
Residents are aware of the schedule and management is keeping them
abreast of progress and timing of work, coordinating access to units and
making them aware of parking restrictions to allow for efficient construction.
Currently the exterior construction is still on-track to be completed by end of
fall, with interior upgrades possibly continuing into next winter.
Discussions with participating entities
With Town of Vail’s decision not to participate in helping to finance the
upgrades at Kayak Crossing we have moved to other entities for financial
assistance. Eagle County recently completed their sale of Lake Creek and
has indicated a desire to support affordable housing in the valley. We are
ATTACHMENT D: Kayak Update
Page 2
having exploratory discussions with them to see if Kayak Crossing can be
supported.
We are meeting with the owners of River Run, the apartment complex which
shares the private road with Kayak Crossing, to request assistance with the
road repairs per the 1999 Settlement Agreement between the two entities.
Re-financing of existing debt
We continue to make progress on the new financing for Kayak Crossing
needed to repay the existing bonds and complete the refurbishment project.
FirstBank is the lender, with the structure the same as the financing we
completed with FirstBank for the EagleBend Apartments refurbishment. We
locked in the interest rate last month at 4.14%, slightly above our proforma
but still a very good rate for the project. We will have loan documents
completed in early June for submittal to the Town Council ahead of the
expected approval at the June 14th meeting.
Eaglebend has agreed to a provide $2.4 million in new subordinated debt to
Kayak Crossing. This debt will allow for full repayment of the existing $1.6
million, 8% subordinated bonds as well as bridge the gap in financing
needed for the refurbishment. If we are able to obtain funding from Eagle
County or River Run the proceeds will help to repay this debt to Eablebend.
We thank you for your continued support of affordable housing in Avon and
are happy to answer any questions you have concerning Kayak Crossing
and the refinancing.
ATTACHMENT D: Kayak Update
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Ordinance 22-12 Approving Kayak Crossing Refinancing
DATE: June 11, 2022
SUMMARY: Emergency Ordinance 22-12 is presented for Council consideration to provide formal
approval for the EagleBend Dowd Affordable Housing Corporation (“EDAHC” aka Kayak Crossing)
refinancing. The structure for approval of the refinancing is the same as the EagleBend refinancing in
2017. The current rate lock with FirstBank expires on July 6, 2022. Closing on the refinancing with
FirstBank will likely occur within 5-10 business days after adoption of this Emergency Ordinance. An
Emergency Ordinance requires the concurring vote of five (5) Council members. Council may consider this
Emergency Ordinance at its July 28, 2022 Council meeting, but at least one Council member will not be
available at that meeting.
63-20 CORPORATION: The original project financing for EDAHC was as a 63-20 Corporation, which is a
reference to an IRS provision that allows for tax exempt financing for projects with a public purpose. The
parameters of a 63-20 Corporation require a local government to be a “sponsor” and for title to the property
to convey automatically to the local government sponsor upon full payment of outstanding debt. 63-20
Corporations also are not allowed to extend the existing financing past the original maturity date. As a
result of these IRS parameters, refinancing by EDAHC requires pay-off of existing debt, which then triggers
the transfer to the Town of Avon. Upon receipt of title to the property, the Town of Avon then transfers to
the Public Finance Authority (“PFA”) (a Wisconsin entity that is similar to Colorado Housing and Finance
Authority [CHFA]). The Property is subject to the new financing from FirstBank and subject to a new
Project Agreement. PFA holds the Property for 90 days, then transfers back to EDAHC. The 90 day
holding period is a requirement of the 63-20 Corporation IRS regulations.
PROJECT AGREEMENT: The Town of Avon’s approval is required because the Project Agreement
references the Indenture Agreement, which has additional verbiage regarding the Town’s rights. The
Indenture Agreement will be replaced with a Financing Agreement that has similar language regarding the
Town’s rights. In addition, the approval of a new Project Agreement is required to meet the requirements of
tax exempt financing from FirstBank.
EMERGENCY ORDINANCE: An emergency ordinance is presented because the official approval by the
Town of Avon for receipt of real property and conveyance of real property must occur in the form of an
ordinance. The regular ordinance process requires two readings and then thirty days after the second and
final reading to take effect. This timeframe does not fit with the schedule of loan approval and preparation
of refinancing documents. An emergency ordinance was used for the 2017 EagleBend refinancing
approval for this reason. An Emergency Ordinance takes immediate effect upon adoption.
TERMS: The Town of Avon’s rights are defined in the Project Agreement and in Section 8.16 of the
Finance Agreement. The Finance Agreement replaces the Third Amended and Restated Trust Indenture,
dated November 1, 2014 (“2014 Indenture”) (Town’s rights set forth in 14.02 of the 2014 Indenture). The
language in the new Project Agreement and Finance Agreement are substantially similar to the prior
documents. The Project Agreement is substantially the same with regard to substantive terms. Differences
in the Finance Agreement are described as follows:
Finance Agreement: 8.16(a) – there is added language to require the Town to pay off the “Project Note
any and all Administrative Expenses”. The Town would have to pay expenses related to the pay off the
Page 2 of 2
Project Note as well related expenses. The term “Administrative Expenses” includes an Annual
Administrative Fee to be paid to the Public Finance Authority.
8.16(d) – the Town has a right to cure defaults if an Event of Default occurs, which provides flexibility in
Town’s remedies.
8.16(h) – this is added language which states that Section 8.16 is subject to the provisions of a
Subordination Agreement. The Subordination Agreement is in the same form as used for the
EagleBend refinancing in 2017.
Subordination Agreement: This document states that the Project Agreement is subordinate to the loan
documents.
Section 4(a) must be updated to reference Ordinance 22-12.
Section 4(d) appears to be a carry-over from the EagleBend Subordination Agreement and should be
deleted.
RECOMMENDATION: I recommend approval of Emergency Ordinance 22-12. The refinancing process is
substantially similar to the 2017 EagleBend refinancing and the new Project Agreement, Financing
Agreement, and Subordination Agreement are substantially similar in terms. The failure to approve
financing at this time will result in the expiration of the current Rate Lock with FirstBank and will most likely
result in higher costs for financing. In addition, any delay in construction will likely result in higher costs due
to increases in construction material costs.
PROPOSED MOTION: “I move to approve Ordinance No. 22-12 An Emergency Ordinance Accepting the
Donation of the EagleBend Dowd Affordable Housing Property, Authorizing Disposal of Such Property, and
Approving a New Project Agreement Between the Town of Avon, the Public Finance Authority, and
EagleBend Dowd Affordable Housing Corporation.”
Thank you, Eric
ATTACHMENT A: Ordinance 22-12
ATTACHMENT B: Financing Agreement
ATTACHMENT C: Subordination Agreement
Ord 22-12 Kayak Crossing Refinancing
FINAL – June 14, 2022
Page 1 of 3
ORDINANCE NO. 22-12
AN EMERGENCY ORDINANCE
ACCEPTING THE DONATION OF THE EAGLEBEND DOWD AFFORDABLE
HOUSING PROPERTY, AUTHORIZING DISPOSAL OF SUCH PROPERTY,
AND APPROVING A NEW PROJECT AGREEMENT BETWEEN THE TOWN
OF AVON, THE PUBLIC FINANCE AUTHORITY AND EAGLEBEND DOWD
AFFORDABLE HOUSING CORPORATION
WHEREAS, EagleBend Dowd Affordable Housing Corporation (“EDAHC”) owns an
affordable rental housing project located on property described as follows: [legal description to
be inserted], County of Eagle, State of Colorado (“Property”); and
WHEREAS, EDAHC desires to refinance existing debt on the Property with an approximate
current outstanding balance of approximately $7,480,000 (2014A bonds) and $1,600,000 (B
Bonds and C Bonds) in order to accelerate capital improvements to the Property, to take
advantage of low interest rates, and to provide for more favorable amortization of the debt; and,
WHEREAS, EDAHC proposes refinancing such debt and borrowing additional moneys in the
total principal amount of approximate $13 million at an interest rate not to exceed 4.14%, fixed
for a term of 10 years, in order to make new improvements to the Property, by and through the
Public Finance Authority, a political subdivision of the State of Wisconsin (“PFA”), which
would require conveyance of the Property to the Town of Avon by donation and then
conveyance to PFA; and,
WHEREAS, EDAHC entered into the Eaglebend Dowd Affordable Housing Project Project
Agreement, dated July 1, 1998, (“Project Agreement”) with the Town of Avon, under which
EDAHC must obtain consent of the Town of Avon for any amendment or modification of the
Indenture (as referenced in the Project Agreement), which will be necessary for the refinancing;
and,
WHEREAS, EDAHC proposes to convey the Property by donation to the Town of Avon
without the Town paying the outstanding debt balance, and in connection with such donation
EDAHC requests that the Town reconvey the Property to PFA, which will initially lease the
Property to EDAHC subject to such new and modified requirements as set forth in the new
documents with respect to the refinancing; and,
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Council may accept
conveyances of real property to the Town and may dispose of real property and Section 18.4 of
ATTACHMENT A: Ord 22-12 Kayak Refinancing
Ord 22-12 Kayak Crossing Refinancing
FINAL – June 14, 2022
Page 2 of 3
the Avon Home Rule Charter provides that the Town Council may receive gifts of property in
fee simple and may dispose of such property in accordance with the terms of the gift; and
WHEREAS, the Avon Town Council finds that facilitating the refinancing of the Property will
allow for a more favorable amortization schedule with respect to the financing of the Property,
will provide necessary new funds to accelerate capital improvements to the Property, and will
extend the life of the Property which provides a substantial number of affordable housing rental
units for the Avon community, and will thereby promote the health, safety and general welfare of
the Avon community; and,
WHEREAS, Avon Home Rule Charter, Section 6.6 permits the adoption of ordinances on one
reading with the concurring vote of five (5) Council members after posting notice of a public
hearing and conducting a public hearing; and,
WHEREAS, Council finds that the adoption of this Ordinance is necessary to the immediate
preservation of the public health safety and welfare of the Avon community by permitting
EDAHC to proceed with refinancing and commence construction of valuable capital
improvements to the Property which will directly benefit the current and future residents of the
Property.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Council.
Section 2. Acceptance of Donation Property. Council hereby accepts the donation of the
Property by and through a Quit Claim Deed and which acceptance of title to the Property shall be
subject to the terms and conditions of the refinancing and the new Project Agreement, as
described below in Section 4, in the form attached hereto as Exhibit A: Quit Claim Deed-
EDAHC to Avon.
Section 3. Authorization to Reconvey Property. Council hereby authorizes the Mayor,
Town Clerk, Town Manager and Town Attorney to execute all documents and take such action
to reconvey the Property to PFA by Quit Claim Deed in accordance with the terms and
conditions of the refinancing and the new Project Agreement, as described in Section 4, in the
form attached hereto as Exhibit B: Quit Claim Deed-Avon to PFA.
Section 4. Approval of 2022 EDAHC Project Agreement. Council hereby approves the
new Project Agreement with EBAHC and PFA, attached hereto as Exhibit C: 2022 EDAHC
Project Agreement which final form and completion, including but not limited to review of the
Financing Agreement, shall be subject to review and approval of the Mayor, Town Attorney,
Town Manager and Council member Megan Burch as the Town of Avon appointee to the
EBAHC Board.
ATTACHMENT A: Ord 22-12 Kayak Refinancing
Ord 22-12 Kayak Crossing Refinancing
FINAL – June 14, 2022
Page 3 of 3
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption in
accordance with Section 6.6 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on June 14, 2022.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Karl Hanlon, Town Attorney
ATTACHMENT A: Ord 22-12 Kayak Refinancing
DRAFT
ACTIVE 65030604v2
After recording return to:
Andrew P. Rubin, Esq.
Greenberg Traurig, LLP
1144 15th Street, Suite 3300
Denver, Colorado 80202
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made this ____ day of June, 2022, between EagleBend
Dowd Affordable Housing Corporation, a Colorado nonprofit corporation (“Grantor”), and the
Town of Avon, State of Colorado, a Colorado home rule municipality, whose address is 1 Lake
Street, P.O. Box 975, Avon, CO 81620, County of Eagle, State of Colorado (“Grantee”);
WITNESSETH, that Grantor, for and in consideration of $10.00 (Ten and 00/100 Dollars)
and in consideration of a donation to the Grantee for public and charitable purposes, the receipt
and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these present does remise, release, sell and QUIT CLAIM unto Grantee, its
successors, personal representatives and assigns, forever, all the right, title, interest, claim and
demand which the Grantor has in and to the real property, together with improvements, if any,
situate, lying and being in the County of Eagle, State of Colorado, more particularly described on
Exhibit A, attached hereto, also known by street and number as: 41900 Highway 6 and 24, Avon,
CO 81620.
Grantor does hereby unconditionally give, bargain, sell, assign, set out, transfer, release,
convey, and deliver to Grantee, all of Grantor’s right, title and interest in and to all personal
property, including without limitation, fixtures, equipment, and building systems, owned by
Grantor and located on the real property described on Exhibit A, attached hereto.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use,
benefit and behoof of the grantee(s), their heirs and assigns forever.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
EXEMPT FROM DOCUMENTARY FEE C.R.S. 39-13-102(2)(a) AND 39-13-104(1)(a)
[Signature Page Follows]
EXHIBIT A: Quit Claim EDAHC-TOA
[Signature Page to Quit Claim Deed to Town]
ACTIVE 65030604v2
IN WITNESS WHEREOF, the undersigned has executed this Quit Claim Deed as of the
date first above written.
GRANTOR:
___________________________________
Gerald E. Flynn, President
STATE OF COLORADO )
) ss.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this ____day of ____________,
2022, by Gerald E. Flynn, as President of EagleBend Affordable Housing Corporation, a Colorado
nonprofit corporation, on behalf of the corporation.
Witness my hand and official seal.
_________________________________
Notary Public
My commission expires:______________
EXHIBIT A: Quit Claim EDAHC-TOA
ACTIVE 65030604v2
EXHIBIT A
Property Description
[LEGAL DESCRIPTION TO BE ADDED]
EXHIBIT A: Quit Claim EDAHC-TOA
DRAFT
ACTIVE 65030604v2
After recording return to:
Andrew P. Rubin, Esq.
Greenberg Traurig, LLP
1144 15th Street, Suite 3300
Denver, Colorado 80202
QUIT CLAIM DEED
THIS QUIT CLAIM DEED is made this ___ day of June, 2022, between the Town of
Avon, a Colorado home rule municipality (“Grantor”), and the Public Finance Authority, a unit of
government and a body politic and corporate of the State of Wisconsin, whose address is 22 E.
Mifflin Street, Suite 900, Madison, WI 53703 (“Grantee”);
WITNESSETH, that Grantor, for and in consideration of $10.00 (Ten and 00/100 Dollars)
and in consideration of a donation to the Grantee for public and charitable purposes, the receipt
and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these present does remise, release, sell and QUIT CLAIM unto Grantee, its
successors, personal representatives and assigns, forever, all the right, title, interest, claim and
demand which the Grantor has in and to the real property, together with improvements, if any,
situate, lying and being in the County of Eagle, State of Colorado, more particularly described on
Exhibit A, attached hereto, also known by street and number as: 41900 Highway 6 and 24, Avon,
CO 81620.
Grantor does hereby unconditionally give, bargain, sell, assign, set out, transfer, release,
convey, and deliver to Grantee, all of Grantor’s right, title and interest in and to all personal
property, including without limitation, fixtures, equipment, and building systems, owned by
Grantor and located on the real property described on Exhibit A, attached hereto.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use,
benefit and behoof of the grantee(s), their heirs and assigns forever.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
EXEMPT FROM DOCUMENTARY FEE C.R.S. 39-13-102(2)(a) AND 39-13-104(1)(a)
[Signature Page Follows]
EXHIBIT B: Quit Claim Deed TOA-PFA
[SIGNATURE PAGE TO QUIT CLAIM DEED FROM TOWN OF AVON]
ACTIVE 65030628v2
IN WITNESS WHEREOF, the undersigned has executed this Quit Claim Deed as of the
date first above written.
GRANTOR:
___________________________________
_________________________ [Name]
STATE OF COLORADO )
) ss.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this ____day of ____________,
2022, by ___________________________, a _________________________.
Witness my hand and official seal.
_________________________________
Notary Public
My commission expires:______________
EXHIBIT B: Quit Claim Deed TOA-PFA
ACTIVE 65030628v2
EXHIBIT A
Property Description
[LEGAL DESCRIPTION TO BE ADDED]
EXHIBIT B: Quit Claim Deed TOA-PFA
DRAFT
ACTIVE 64939679v2
EAGLEBEND DOWD KAYAK CROSSING AFFORDABLE HOUSING PROJECT
AMENDED AND RESTATED PROJECT AGREEMENT
THIS AMENDED AND RESTATED PROJECT AGREEMENT (the “Agreement”) is
made as of June __, 2022, by and between EAGLEBEND DOWD AFFORDABLE HOUSING
CORPORATION, a Colorado nonprofit corporation (the “Corporation”), PUBLIC FINANCE
AUTHORITY, a unit of government and a body corporate and politic of the State of Wisconsin
(the “Authority”) and the TOWN OF AVON, COLORADO, a Colorado home rule municipally
(the “Town”).
RECITALS:
A. The Corporation has been organized under the Colorado Nonprofit Corporations
Act to acquire property in order to provide affordable housing facilities, for the benefit and on
behalf of the Town and its inhabitants.
B. The Corporation has outstanding the following obligations, collectively the
“Refunded Bonds”: (i) the Borrower’s Multifamily Housing Project Subordinate Revenue Bonds,
Series 1998B in the outstanding principal amount of $600,000, (ii) the Borrower’s Multifamily
Housing Project Subordinate Revenue Bonds, Series 1998C in the outstanding principal amount
of $1,000,000, and (iii) the Borrower’s Multifamily Housing Project Refunding Revenue Bonds,
Series 2014A in the outstanding principal amount of $7,480,000.
C. The Corporation shall incur a loan in the principal amount of $[13,200,000]
(“Loan”) pursuant to a Financing Agreement (“Financing Agreement”) by and among the
Authority, the Corporation and FirstBank (the “Lender”) dated June __, 2022 for the purposes of
(i) refunding and redeeming in full the outstanding Refunded Bonds, and (ii) providing additional
moneys to make certain improvements to the Project (defined below). The Refunded Bonds were
issued for the purpose of refunding prior bonds which were issued for the purpose of acquiring
and constructing real and personal property operated by the Corporation and known as the
“EagleBend Dowd Kayak Crossing Affordable Housing Project” (the “Project”), located on the
property described in Exhibit A hereto, to provide dwelling accommodations at rental rates within
the means of individuals or families of low or moderate income, as determined by the Board of
Directors of the Corporation from time to time.
D. In connection with certain of the Refunded Bonds, the Town and the Corporation
entered into a Project Agreement dated July 1, 1998 (“Prior Project Agreement”). This
Agreement amends and restates the Prior Project Agreement.
E. The Prior Project Agreement was recorded in the office of the Eagle County Clerk
and Recorder on July 15,1998 at Reception No. 662762.
F. In connection with and at the time of incurrence of the Loan, title to the Project
shall vest in the Authority which will lease it to the Corporation pursuant to the Lease.
All capitalized terms used herein, unless otherwise defined, shall have the meanings
ascribed thereto in the Financing Agreement.
EXHIBIT C: Restated Project Agreement
2
ACTIVE 64939679v2
TERMS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Town, the Authority and the Corporation, on behalf of themselves and their
respective successors and assigns, agree as follows:
Section 1. Project Operations. The Corporation hereby covenants and agrees to
operate the Project at standards required to provide decent, safe, and sanitary housing facilities at
reasonable rental rates, in a sound and economical manner, as provided in the Financing
Agreement. Nothing herein or in any resolutions of the Town shall be interpreted to require the
Town to undertake responsibility for operation of the Project. The Corporation shall indemnify
and hold harm less the Town, its officers, agents and employees and members of its Town Council
with respect to any liability or damages arising under actions or claims against the Town as a result
of the operation of the Project by the Corporation.
Section 2. Town Benefit. The Corporation covenants and agrees that all activities of
the Corporation shall be undertaken for the benefit of the Town. Upon termination of this
Agreement, the Town shall be entitled to acquire title to the Project without cost, as provided in
the Financing Agreement.
Section 3. Right to Acquire. As further provided in the Financing Agreement, the
Town is hereby granted the right to obtain, at any time prior to foreclosure of the lien of any Deed
of Trust, fee title and exclusive possession of property (including the Project) financed by
obligations of the Corporation (including the Loan) free from liens and encumbrances created by
the Corporation related to the Loan (but subject to other Permitted Encumbrances, as defined in
the Financing Agreement), and any additions to such property, by (i) placing into escrow an
amount that will be sufficient to defease such Loan based upon a pay-off statement from the Lender
and other obligations, (ii) paying reasonable costs incident to the defeasance, and (iii) complying
with all other requirements of the Financing Agreement. The Town, at any time before it defeases
such obligations, shall not agree or otherwise be obligated to convey any interest in such property
to any person (including the United States of America or its agencies or instrumentalities) for any
period extending beyond or beginning after the Town defeases such obligations. In addition, the
Town shall not agree or otherwise be obligated to convey a fee interest in such property to any
person (or a related person) who was a “user” thereof before the defeasance, within 90 days after
the Town defeases such obligations.
Section 4. Unencumbered Title. If the Town exercises its option under Section 3, the
Authority and the Corporation shall immediately cancel all encumbrances on such property,
including all leases and management agreements (subject to certain Permitted Encumbrances as
aforesaid). Any lease, management contract, or similar encumbrance on such property will be
considered immediately cancelled if the lessee, management company, or other user vacates such
property within a reasonable time, not to exceed 90 days, after the date the Town exercises its
rights under Section 3.
Section 5. Default Rights. Upon the occurrence of an “Event of Default” as defined
in Sections 1.2 and 7.1 of the Financing Agreement, the Corporation shall cause the Lender to
provide notice to the Town of the “Event of Default” (“Default Notice”), and the Town shall have
EXHIBIT C: Restated Project Agreement
3
ACTIVE 64939679v2
the option to cure such Event of Default within 90 days after receipt of such Default Notice, which
shall be deemed received the day after such Default Notice is delivered by Lender via a nationally-
recognized overnight delivery service, one (1) day after depositing thereof with such overnight
carrier, to the last address of the Town know to the Lender. As provided in Section 8.16(d) of the
Financing Agreement, amounts advanced by the Town as a result of the exercise of this option to
cure monetary defaults hereunder and reasonable, direct expenses of the Town advanced to cure
nonmonetary defaults hereunder shall be deemed to be indebtedness of the Corporation to the
Town and which indebtedness shall bear interest at the annual rate of eight percent (8%).
In addition to the foregoing, but co-terminus therewith, and consistent with Section 8.16(e)
of the Financing Agreement, if pursuant to the Financing Agreement, the Lender declares the
principal of the Loan then outstanding to be due and payable and any foreclosure proceeding or
other action is commenced under the Financing Agreement or any Deed of Trust, which could lead
to the sale or other disposition of the property pledged thereunder, from the date of the Default
Notice until such time as ninety (90) days after the Default Notice, the Town is hereby granted an
exclusive option to purchase all such property encumbered by such Deed of Trust (including the
Project), for the amount of the outstanding Loan and other indebtedness of the Corporation relating
to the Project and accrued interest to the date of default which amounts must be paid to the Lender
on or before 5:00 PM the ninetieth (90th) day from the date of the Default Notice. If the Town shall
fail to pay Lender in accordance herewith, Lender shall have all rights to bid at any foreclosure
sale or otherwise cause the public trustee to complete any foreclosure and any and all right of the
Town to purchase the Property shall automatically terminate and be of no other force or effect.
Nothing herein shall be construed to create any obligation of the Town to cure any Event of
Default.
Section 6. Funds for Defeasance or Purchase. In the event the Town exercises its
options under Section 3 or 5 hereof, the Town shall receive a credit towards its defeasance or
purchase costs in the amount of any fund or account balances of the Corporation held by the Lender
for the sole purpose of paying amounts due and owing under the Financing Agreement with the
exception of (i) an amount representing operation and maintenance expenses, required by the
Corporation’s current operating budget through the date of defeasance or purchase, and (ii) any
amount needed to pay additional interest on the Loan or expenses in connection with such
defeasance.
Section 7. Title. Unencumbered fee title (subject to certain Permitted Encumbrances
as aforesaid) to the Project and any additions thereto and exclusive possession and use thereof will
vest in the Town, or Town’s assignee as permitted in Section 12 hereof, without demand or further
action on its part when all obligations issued under the Financing Agreement (including the Loan)
are discharged. For purposes of this Section 7, such obligations will be discharged when (i) cash
is available at the place of payment on the date that the obligations are due (whether at maturity or
upon call for prepayment), (ii) interest ceases to accrue on the obligations, or (iii) as otherwise
provided for in the Financing Agreement. All leases (except for leases of individual rental units),
management contracts and similar encumbrances on the Project shall terminate upon discharge of
said obligations. Encumbrances that do not significantly interfere with the enjoyment of such
property, such as the Permitted Encumbrances, are not considered encumbrances for purposes of
this Section.
EXHIBIT C: Restated Project Agreement
4
ACTIVE 64939679v2
Section 8. Financing Agreement Rights; Approval of Town. The Corporation and
the Authority hereby covenant and agree that the provisions of the Financing Agreement granting
any rights to the Town shall not be amended, modified or removed without the consent of the
Town. By execution hereof, the Town hereby consents to the provisions of the Financing
Agreement relating to the rights of the Town and confirms its approval of the incurrence of the
Loan.
Section 9. Term and Subordination. This Agreement shall terminate upon the
vesting of title to the Project in the Town as herein provided or upon foreclosure of the lien of any
Deed of Trust by the Lender. Notwithstanding anything to the contrary herein, the rights of the
Town to the Property granted herein and in the Financing Agreement shall be and are irrevocably
subordinate to the lien of any Deed of Trust and Assignment of Rents and all security interests
granted to or for the benefit of the Lender, and any modification, supplement or amendment of any
of the foregoing (“Security Instrument”), to secure the Loan, Financing Agreement and any other
document relating thereto. The Lender is a third-party beneficiary of this Agreement and must
approve in writing any amendment of the Agreement that may affect its lien rights under any
Security Instrument.
Section 10. Burden on Property. This Agreement is a burden upon and runs with the
property described in Exhibit A hereto and is binding upon the Corporation and upon all persons
or entities with any right, title or interest to such property or any part thereof. This Agreement may
be released therefrom in the same manner as the release of property under the Deed of Trust
executed in connection with the Loan.
Section 11. Construction. In the event of any conflict between the terms and provisions
of this Agreement and the terms and provisions of the Financing Agreement, the terms and
provisions of the Financing Agreement shall govern.
Section 12. No Assignment, Amendments, Changes and Modifications without
Consent. No assignment, amendment, change or modification of this Agreement is permitted
without the express written consent of the Authority, the Corporation and the Town, which consent
shall not be unreasonably delayed or withheld; provided, however, such consent of the Authority
is not required if at such time of any assignment, amendment, change or modification it no longer
holds fee simple title to the Project.
Section 13. Execution in Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original but all of which shall constitute but one and the
same agreement.
[SIGNATURE PAGE FOLLOWS]
EXHIBIT C: Restated Project Agreement
[Signature Page to Project Agreement]
ACTIVE 64939679v2
IN WITNESS WHEREOF, the undersigned have hereunto set their hand as of the day and
year first mentioned above.
TOWN OF AVON, COLORADO
By: _______________________________
Mayor
EAGLEBEND DOWD AFFORDABLE
HOUSING CORPORATION
By: ________________________________
President
[SEAL]
ATTEST:
Town Clerk
[SEAL]
ATTEST:
Secretary
PUBLIC FINANCE AUTHORITY
By: _______________________________
Assistant Secretary
[NOTARY PAGES FOLLOW]
EXHIBIT C: Restated Project Agreement
[Signature Page to Project Agreement]
ACTIVE 64939679v2
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of _________,
2022 by Gerald E. Flynn, as President, on behalf of EAGLEBEND DOWD AFFORDABLE
HOUSING CORPORATION, a Colorado nonprofit corporation.
WITNESS my hand and official seal
My Commission expires: _______________________
[SEAL]
____________________________________
Notary Public
[Notary Page for Project Agreement]
EXHIBIT C: Restated Project Agreement
[Signature Page to Project Agreement]
ACTIVE 64939679v2
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of _________,
2022 by ____________________, as Secretary, on behalf of EAGLEBEND DOWD
AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation.
WITNESS my hand and official seal
My Commission expires: _______________________
[SEAL]
____________________________________
Notary Public
[Notary Page for Project Agreement]
EXHIBIT C: Restated Project Agreement
[Signature Page to Project Agreement]
ACTIVE 64939679v2
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of _________,
2022 by Sarah Smith Hymes, as Mayor, and Brenda Torres, as Town Clerk, on behalf of the
TOWN OF AVON, COLORADO.
WITNESS my hand and official seal
My Commission expires: _______________________
[SEAL]
____________________________________
Notary Public
[Notary Page for Project Agreement]
EXHIBIT C: Restated Project Agreement
[Signature Page to Project Agreement]
ACTIVE 64939679v2
STATE OF _______________ )
) ss.
COUNTY OF _____________ )
The foregoing instrument was acknowledged before me this ___ day of _________,
2022 by _______________________, as Assistant Secretary of the PUBLIC FINANCE
AUTHORITY.
WITNESS my hand and official seal
My Commission expires: _______________________
[SEAL]
____________________________________
Notary Public
[Notary Page for Project Agreement]
EXHIBIT C: Restated Project Agreement
[Signature Page to Project Agreement]
ACTIVE 64939679v2
EXHIBIT A
Description of EagleBend Dowd Kayak Crossing Project Site
The following real property and all buildings and improvements, and fixtures or
appurtenances, now or hereafter erected thereon:
[LEGAL DESCRIPTION TO BE ADDED]
EXHIBIT C: Restated Project Agreement
DRAFT
ACTIVE 64935398v3
THIS FINANCING AGREEMENT AND THE LOAN OBLIGATION OF THE PUBLIC FINANCE AUTHORITY (“AUTHORITY”)
HEREUNDER HAS BEEN AUTHORIZED AND ISSUED PURSUANT TO THE LAWS OF THE STATE OF WISCONSIN, INCLUDING
PARTICULARLY SECTION 66.0304 OF THE WISCONSIN STATUTES, AS AMENDED. BONDS AND OTHER OBLIGATIONS ISSUED
UNDER SECTION 66.0304 SHALL NOT BE INVALID FOR ANY IRREGULARITY OR DEFECT IN THE PROCEEDINGS FOR THEIR
SALE OR ISSUANCE.
THIS FINANCING AGREEMENT AND THE AUTHORITY’S LOAN OBLIGATION HEREUNDER SHALL BE A SPECIAL, LIMITED
OBLIGATION OF THE AUTHORITY, PAYABLE SOLELY FROM PAYMENTS MADE BY THE BORROWER PURSUANT TO THIS
FINANCING AGREEMENT, THE PROJECT NOTE (AS DEFINED HEREIN) AND SECURITY PLEDGED BY THE BORROWER
HEREUNDER[.] OF THE AUTHORITY, ANY MEMBER, ANY SPONSOR, ANY AUTHORITY INDEMNIFIED PERSON (AS DEFINED
HEREIN), THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF OR ANY POLITICAL
SUBDIVISION APPROVING THE FINANCING OF THE PROJECT CONTEMPLATED HEREBY, AND NONE OF THE FOREGOING
SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE AUTHORITY’S LOAN OR THE
BORROWER’S LOAN OR ANY COSTS INCIDENTAL THERETO. THE AUTHORITY’S LOAN OBLIGATION SHALL NOT
CONSTITUTE A DEBT OR INDEBTEDNESS OF THE STATE OF WISCONSIN OR ANY MEMBER AND DO NOT DIRECTLY,
INDIRECTLY OR CONTINGENTLY OBLIGATE IN ANY MANNER ANY MEMBER, THE STATE OF WISCONSIN OR ANY POLITICAL
SUBDIVISION OR AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING THE ISSUANCE OF THE AUTHORITY’S
LOAN OBLIGATION TO LEVY ANY TAX OR TO MAKE ANY APPROPRIATION FOR PAYMENT OF THE PRINCIPAL OF, PREMIUM,
IF ANY, OR INTEREST ON, THE AUTHORITY’S LOAN OBLIGATION OR ANY COSTS INCIDENTAL THERETO. NEITHER THE
FAITH AND CREDIT NOR THE TAXING POWER OF ANY MEMBER, THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION
OR AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING THE ISSUANCE OF THE AUTHORITY’S LOAN
OBLIGATION NOR THE FAITH AND CREDIT OF THE AUTHORITY, ANY SPONSOR OR ANY AUTHORITY INDEMNIFIED PERSON
SHALL BE PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON, THE AUTHORITY’S LOAN
OBLIGATION OR ANY COSTS INCIDENTAL THERETO. THE AUTHORITY HAS NO TAXING POWER.
NEITHER THIS FINANCING AGREEMENT NOR THE AUTHORITY’S LOAN OBLIGATION HEREUNDER, NOR ANY BENEFICIAL
OWNERSHIP INTEREST HEREIN OR THEREIN, MAY BE TRANSFERRED BY THE BENEFICIAL OWNER HEREOF EXCEPT IN
WHOLE, TO ANY PERSON THAT IS EITHER (I) A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE
SECURITIES ACT OF 1933, AS AMENDED); (II) A SOPHISTICATED MUNICIPAL MARKET PROFESSIONALS (“SMMP”) AS
GENERALLY DEFINED UNDER MSRB RULE D-15; OR (III) AN “ACCREDITED INVESTOR” (AS DEFINED IN RULE 501 OF
REGULATION D UNDER THE SECURITIES ACT OF 1933, AS AMENDED) AND THAT, IN ANY CASE, SHALL HAVE DELIVERED TO
THE AUTHORITY AN EXECUTED INVESTMENT LETTER IN SUBSTANTIALLY THE FORM SET FORTH ON EXHIBIT B HERETO.
DATE OF ISSUE: JUNE __, 2022 MATURITY DATE: JUNE __, 2032
FINANCING AGREEMENT
AMONG
PUBLIC FINANCE AUTHORITY
AND
EAGLEBEND DOWD AFFORDABLE HOUSING CORPORATION
AND
FIRSTBANK
$13,000,000
Public Finance Authority
Financing Agreement Revenue Loan Obligation
(EagleBend Dowd Kayak Crossing Affordable Housing Project)
Series 2022
ATTACHMENT B-Financing Agreement
Table of Contents
Page
ACTIVE 64935398v3 i
ARTICLE 1 DEFINITIONS .......................................................................................................... 3
Section 1.1 General ................................................................................................. 3
Section 1.2 Definitions............................................................................................ 3
ARTICLE 2 REPRESENTATIONS.............................................................................................. 9
Section 2.1 Representations by the Authority......................................................... 9
Section 2.2 Representations by the Borrower ....................................................... 11
ARTICLE 3 MAKING THE LOANS AND APPLICATION OF THE PROCEEDS
THEREOF...................................................................................................... 14
Section 3.1 Agreement to Make the Loans; Application of Proceeds .................. 14
Section 3.2 Conditions to Closing ........................................................................ 15
Section 3.3 Authorization of the Loans; Interest Rates ........................................ 16
Section 3.4 Prepayment of Loans at Option of the Borrower ............................... 18
Section 3.5 Debt Service ....................................................................................... 18
Section 3.6 Ownership and Use of the Collateral ................................................. 19
Section 3.7 Tax Covenant ..................................................................................... 19
ARTICLE 4 PROVISIONS FOR PAYMENT ............................................................................ 19
Section 4.1 Loan Payments ................................................................................... 19
Section 4.2 Administration Expenses ................................................................... 20
Section 4.3 Cessation of Accrual of Interest ......................................................... 20
Section 4.4 Unconditional Obligations; Security.................................................. 20
Section 4.5 Closing Expenses ............................................................................... 20
ARTICLE 5 MAINTENANCE, TAXES, INSURANCE, USE OF NET PROCEEDS,
ETC. ............................................................................................................... 21
Section 5.1 Maintenance ....................................................................................... 21
Section 5.2 Taxes and Other Governmental Charges ........................................... 21
Section 5.3 Insurance ............................................................................................ 21
Section 5.4 Use of Net Proceeds ........................................................................... 21
Section 5.5 No Sale or Liens ................................................................................. 21
ARTICLE 6 SPECIAL COVENANTS ....................................................................................... 21
Section 6.1 No Warranty of Condition or Suitability of the Mortgaged
Property by the Authority and the Lender ......................................... 21
Section 6.2 Borrower’s Assets .............................................................................. 21
Section 6.3 Further Assurances............................................................................. 22
Section 6.4 Release and Indemnification .............................................................. 22
Section 6.5 Authority of Representatives ............................................................. 25
ATTACHMENT B-Financing Agreement
Table of Contents
(continued)
Page
ACTIVE 64935398v3 ii
Section 6.6 Right of Access .................................................................................. 25
Section 6.7 Covenants of Borrower to Authority and Lender .............................. 25
Section 6.8 Incurrence of Indebtedness ................................................................ 26
Section 6.9 Operating Accounts ........................................................................... 27
Section 6.10 Reserves .............................................. Error! Bookmark not defined.
ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES ......................................................... 27
Section 7.1 Events of Default ............................................................................... 27
Section 7.2 Remedies on Default .......................................................................... 29
Section 7.3 Remedies Cumulative ........................................................................ 29
Section 7.4 Waiver and Cure of Default ............................................................... 29
Section 7.5 Application of Moneys ...................................................................... 30
Section 7.6 Failure of the Lender to Perform Obligations; Restrictions on
Transfer of Authority’s Loan ............................................................. 30
Section 7.7 Agreement to Pay Attorneys’ Fees and Expenses ............................. 31
Section 7.8 Rights of Town Upon Default ............................................................ 31
Section 7.9 Lender’s Right to Accelerate the Loans ............................................. 31
Section 7.10 No Impairment of Unassigned Rights................................................ 31
Section 7.11 No Obligation to Enforce Assigned Rights ....................................... 32
ARTICLE 8 MISCELLANEOUS ............................................................................................... 32
Section 8.1 Term of This Financing Agreement ................................................... 32
Section 8.2 Notices ............................................................................................... 32
Section 8.3 Assignment by the Borrower ............................................................. 33
This Financing Agreement may be assigned by the Borrower only in full and only
with the prior written consent of the Lender (which consent
may be withheld in its sole and complete discretion) and the
Authority and the fulfillment of each of the following
conditions: .......................................................................................... 33
Section 8.4 Assignment and Pledge by Authority ................................................ 34
Section 8.5 Binding Effect .................................................................................... 34
Section 8.6 Severability ........................................................................................ 34
Section 8.7 No Amendments, Changes and Modifications without
Unanimous Consent ........................................................................... 34
Section 8.8 Execution in Counterparts .................................................................. 34
Section 8.9 Governing Law, Jurisdiction and Venue ........................................... 34
Section 8.10 Captions ............................................................................................. 35
Section 8.11 No Pecuniary Liability of the Authority; Authority’s
Performance ....................................................................................... 35
Section 8.12 No Violations of Law......................................................................... 37
Section 8.13 Payments due on Holidays ................................................................. 37
Section 8.14 Records of the Lender ........................................................................ 37
Section 8.15 No Fiduciary Relationship, Etc. ......................................................... 37
ATTACHMENT B-Financing Agreement
Table of Contents
(continued)
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Section 8.16 Town’s Rights .................................................................................... 37
Section 8.17 Survival of Provisions ........................................................................ 39
Section 8.18 Waiver of Personal Liability .............................................................. 40
Section 8.19 Third Party Beneficiaries ................................................................... 40
Section 8.20 Authority’s Certificates ...................................................................... 40
Section 8.21 Waiver of Jury Trial ........................................................................... 40
EXHIBIT A MORTGAGED PROPERTY
EXHIBIT B FORM OF INVESTMENT LETTER
EXHIBIT C FORM OF NOTE FROM THE BORROWER TO THE AUTHORITY WITH
ASSIGNMENT FROM THE AUTHORITY TO THE LENDER
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THIS FINANCING AGREEMENT (“Financing Agreement” or “Agreement”) is dated
June __, 2022, and is by and among PUBLIC FINANCE AUTHORITY, a unit of government
and a body politic and corporate of the State of Wisconsin, EAGLEBEND DOWD
AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation, and
FIRSTBANK, a Colorado state banking corporation.
PREFACE
All capitalized terms used herein will have the meanings ascribed to them in Article 1 of
this Financing Agreement.
RECITALS
A. The Authority is authorized by the Act to enter into this Financing Agreement to
effectuate the Project.
B. The Borrower is authorized by law applicable as of the date hereof and its Articles
of Incorporation to operate, maintain and develop property to be used for decent, safe and sanitary
housing at affordable rental rates to individuals or families of low or moderate incomes, and
proposes to finance and refinance certain of its costs of the Project.
C. FirstBank, as Lender, is in the business of making tax-exempt loans.
D. The Borrower has applied for the financial assistance of the Authority in the
financing of the Project.
E. The Project is to be located within the territorial limits of the Town of Avon, Eagle
County, Colorado (“Project Jurisdiction”) and the Authority, based on the representations of the
Borrower, but without independent investigation, has found and determined that the financing of
the Project will promote significant economic, cultural and community development opportunities,
including the creation or retention of employment, the stimulation of economic activity and the
promotion of improvements in the health, safety and welfare of Persons in the Project Jurisdiction.
F. By virtue of the authority of the Act and pursuant to the Loan Authorizing Resolution,
the Authority will fund the Project by entering into this Financing Agreement and making the
Borrower’s Loan to the Borrower upon the terms and conditions set forth herein providing for the
financing of the Project and of the payment by the Borrower to the Authority of amounts sufficient for
the payment of principal of, premium, if any or interest on the Authority Loan and costs incidental
thereto.
G. The Lender will loan to the Authority and the Authority will borrow from the
Lender moneys for the Borrower’s Loan hereunder upon the terms set forth in this Financing
Agreement.
H. The Authority will loan to the Borrower and the Borrower will borrow from the
Authority monies for the Project upon the terms set forth in this Financing Agreement.
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I. THIS FINANCING AGREEMENT AND THE AUTHORITY’S LOAN
OBLIGATION HEREUNDER SHALL BE A SPECIAL, LIMITED OBLIGATION OF THE
AUTHORITY, PAYABLE SOLELY FROM PAYMENTS MADE BY THE BORROWER
PURSUANT TO THIS FINANCING AGREEMENT, THE PROJECT NOTE (AS DEFINED
HEREIN) AND SECURITY PLEDGED BY THE BORROWER HEREUNDER[.] OF THE
AUTHORITY, ANY MEMBER, ANY SPONSOR, ANY AUTHORITY INDEMNIFIED
PERSON (AS DEFINED HEREIN), THE STATE OF WISCONSIN OR ANY POLITICAL
SUBDIVISION OR AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING
THE FINANCING OF THE PROJECT CONTEMPLATED HEREBY, AND NONE OF THE
FOREGOING SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY,
OR INTEREST ON THE AUTHORITY’S LOAN OR THE BORROWER’S LOAN OR ANY
COSTS INCIDENTAL THERETO. THE AUTHORITY’S LOAN OBLIGATION SHALL NOT
CONSTITUTE A DEBT OR INDEBTEDNESS OF THE STATE OF WISCONSIN OR ANY
MEMBER AND DOES NOT DIRECTLY, INDIRECTLY OR CONTINGENTLY OBLIGATE
IN ANY MANNER ANY MEMBER, THE STATE OF WISCONSIN OR ANY POLITICAL
SUBDIVISION OR AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING
THE ISSUANCE OF THE AUTHORITY’S LOAN OBLIGATION TO LEVY ANY TAX OR
TO MAKE ANY APPROPRIATION FOR PAYMENT OF THE PRINCIPAL OF, PREMIUM,
IF ANY, OR INTEREST ON, THE AUTHORITY’S LOAN OBLIGATION OR ANY COSTS
INCIDENTAL THERETO. NEITHER THE FAITH AND CREDIT NOR THE TAXING
POWER OF ANY MEMBER, THE STATE OF WISCONSIN OR ANY POLITICAL
SUBDIVISION OR AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING
THE ISSUANCE OF THE AUTHORITY’S LOAN OBLIGATION NOR THE FAITH AND
CREDIT OF THE AUTHORITY, ANY SPONSOR OR ANY AUTHORITY INDEMNIFIED
PERSON SHALL BE PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF, PREMIUM,
IF ANY, OR INTEREST ON, THE AUTHORITY’S LOAN OBLIGATION OR ANY COSTS
INCIDENTAL THERETO. THE AUTHORITY HAS NO TAXING POWER.
J. The Bonds which are being refunded with a portion of the Borrower’s Loan were
issued for the purpose of refunding prior bonds which were issued for the purpose of financing the
costs of the acquisition and construction of the Financed Facility.
K. Under a Second Amended and Restated Project Agreement dated as of July 1, 1998,
by and between the Borrower and the Town, which was entered into in connection with the
Series 1998 Bonds, upon payment in full of the outstanding Bonds, unencumbered fee title to the
Financed Facility and the Land shall be transferred to the Town.
L. In order to facilitate the making of the Loans, the Town immediately upon obtaining
fee title to the Financed Facility desires to gift and transfer fee title to such Financed Facility to
the Authority, and the Authority desires initially to lease the Financed Facility to the Borrower,
and the Borrower desires to lease the Financed Facility from the Authority and to incur the
Borrower’s Loan in order to finance the refunding of the Bonds, and the making of improvements
to the Financed Facility.
M. The Loans are being incurred solely on behalf of the Town, and pursuant to the
Project Agreement, the Borrower has provided that upon payment in full of the Loans encumbered
fee title to the Financed Facility will vest solely in the Town.
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THEREFORE, in consideration of the mutual covenants contained herein and other
valuable consideration, the parties agree as follows:
ARTICLE 1
DEFINITIONS
Section 1.1 General. All definitions herein shall be applicable to the singular and plural
form of the term defined.
Section 1.2 Definitions. Except where the context indicates otherwise, the following
terms shall have the meanings set forth below:
“Act” means Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin Statutes, as
amended.
“Additional Indebtedness” means any of the following incurred by the Borrower after the
date of this Financing Agreement (i) all obligations of the Borrower for borrowed money, (ii) all
installment sales, conditional sales and capital lease obligations incurred or assumed by the
Borrower, (iii) all guaranties, letter of credit obligations, surety bonds and similar instruments, and
(iv) all net obligations of the Borrower under any interest rate swap or similar instrument.
Additional Indebtedness shall not include any obligation incurred by the Borrower in the ordinary
operation of its facilities, any obligation to contribute to self-insurance, pension or other risk
management programs, indemnification obligations, or any fees or expenses payable in connection
with the incurrence of Additional Indebtedness.
“Administration Expenses” means the expenses (including the Authority Annual Fee,
reasonable fees and expenses of such accountants, consultants, attorneys and other experts as may
be engaged by the Authority or the Lender) incurred or charged by the Authority and the Lender,
respectively, in performing their respective duties or exercising their respective rights under, or
otherwise administering, this Financing Agreement, the Deed of Trust, the Lease, and the Project
Agreement, and the Borrower Documents and Authority Documents, including, without limitation,
to prepare audits, financial statements, reports, opinions or provide such other services required of
them hereunder or thereunder, and further including, without limitation, any audit or inquiry by
the Internal Revenue Service or any other governmental body; and further including, without
limitation.
(a) All taxes and assessments of any type or character charged to Authority
affecting the amount available to Authority from payments to be received hereunder or in
any way arising due to the transactions contemplated hereby (including taxes and
assessments assessed or levied by any public agency or governmental authority of
whatsoever character having power to levy taxes or assessments), but excluding franchise
taxes based upon the capital and/or income of the Lender and taxes based upon or measured
by the net income of the Lender; provided, however, that the Borrower shall have the right
to protest any such taxes or assessments and to require Authority, at the Borrower’s
expense, to protest and contest any such taxes or assessments levied upon them and that
the Borrower shall have the right to withhold payment of any such taxes or assessments
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pending disposition of any such protest or contest unless such withholding, protest or
contest would adversely affect the rights or interests of Authority;
(b) The fees and expenses of such accountants, consultants, attorneys and other
experts as may be engaged by Authority or the Lender in connection with the performance
of its duties hereunder or thereunder and to prepare audits, financial statements, reports,
opinions or provide such other services required under this Financing Agreement, the
Borrower Documents or the Authority Documents, including, but not limited to, any audit
or inquiry by the Internal Revenue Service or any other governmental body; and
(c) The Authority Annual Fee and the fees and expenses of Authority or any
agent or attorney selected by Authority to act on its behalf in connection with this Financing
Agreement, the Borrower Documents and the Authority Documents, including, without
limitation, any and all expenses incurred in connection with the authorization, issuance,
sale and delivery of any such Bonds or in connection with any litigation, investigation,
inquiry or other proceeding which may at any time be instituted involving this Financing
Agreement, the Borrower Documents, the Authority Documents, the Loans or any of the
other documents contemplated thereby, or in connection with the reasonable supervision
or inspection of the Borrower, its properties, assets or operations or otherwise in connection
with the administration of this Financing Agreement and the Borrower Documents.
“Authority” means the Public Finance Authority, and its successors and assigns.
“Authority Annual Fee” means the Authority’s annual administration fee determined and
payable in the amounts and at the times specified in Section 4.2.
“Authority Documents” means this Financing Agreement, the Deed of Trust, the Lease and
any other Loan Documents executed by the Authority.
“Authority Indemnified Persons” means, collectively (i) the Sponsors, (ii) the Members
and (iii) each and all of the Authority’s, the Sponsors’ and the Members’ respective past, present
and future directors, board members, governing members, trustees, commissioners, elected or
appointed officials, officers, employees, Authorized Authority Representatives, attorneys, agents
and advisors (including counsel and financial advisors) and each of their respective heirs,
successors and assigns.
“Authority’s Loan” means the loan in the principal amount of $13,000,000 to the Authority
made by the Lender under this Financing Agreement (the Authority’s obligation to make payments
being more fully described as the Authority’s Financing Agreement Revenue Loan Obligation).
“Authorized Authority Representative” means any officer, director or other person
designated by resolution of the Board of Directors of the Authority (whether such resolution is
adopted in connection with the Authority’s Loan or otherwise) or by Authority’s Bylaws as an
“Authorized Signatory” empowered to, among other things, execute and deliver on behalf of the
Authority this Financing Agreement and the other Authority Documents.
“Authorized Borrower Representative” means the [President] and [Chief Executive
Officer] of the Borrower or any other person from time to time designated to act on behalf of the
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Borrower by written certificate furnished to the Authority and the Lender, containing the specimen
signature of such person and signed by an officer of the Borrower; the certificate may designate
an alternate or alternates.
“Authorized Lender Representative” means any officer of the Lender, or any other person
from time to time designated to act on behalf of the Lender by written certificate furnished to the
Authority and the Borrower, containing the specimen signature of such person and signed by an
officer of the Lender; the certificate may designate an alternate or alternates.
“Bonds” means collectively: (i) the Borrower’s Multifamily Housing Project Subordinate
Revenue Bonds, Series 1998B in the outstanding principal amount of $600,000 (the “1998B
Bonds”), (ii) the Borrower’s Multifamily Housing Project Subordinate Revenue Bonds, Series
1998C in the outstanding principal amount of $1,000,000 (collectively with the 1998B Bonds, the
“1998 Bonds”), and (iii) the Borrower’s Multifamily Housing Project Refunding Revenue Bonds,
Series 2014A in the outstanding principal amount of $7,480,000.
“Borrower” means EagleBend Dowd Affordable Housing Corporation, a Colorado
nonprofit corporation in good standing and duly authorized to conduct business in the State.
“Borrower Documents” means this Financing Agreement, the Project Note, the Tax
Agreement, the Lease, the Leasehold Deed of Trust, the Project Agreement, the Project Loan
Agreement, and all other Loan Documents executed by the Borrower.
“Borrower’s Loan” means the Loan in the principal amount of $13,000,000 made under
this Financing Agreement by the Authority to the Borrower to fund the Project and evidenced by
the Project Note.
“Business Day” means a day of the year other than (a) a Saturday or Sunday, (b) a day on
which the Lender is required or authorized to remain closed or (c) a day on which the Federal
Reserve System is closed.
“Closing Date” means June __, 2022, the date of execution and delivery of this Financing
Agreement.
“Code” means the Internal Revenue Code of 1986, as amended.
“Collateral” means the Mortgaged Property, and certain furniture, fixtures, and equipment
in which the Authority has granted to the Lender a security interest pursuant to the Deed of Trust
and in which the Borrower has granted to the Lender a security interest pursuant to the Leasehold
Deed of Trust, and any other collateral which secures the Loans, the obligations of this Financing
Agreement or the Project Loan Agreement.
“Conversion Date” means June __, 2023
“Deed of Trust” means that certain Deed of Trust and Security Agreement dated as of the
date hereof, granted by the Authority, as grantor, to the Public Trustee of Eagle County, Colorado,
for the benefit of the Lender, providing for a lien and security interest on the Collateral, and
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securing the Borrower’s payment and performance obligations hereunder and under the other
Borrower Documents.
“Default Rate” means [eighteen percent (18%)] per annum [in excess of the then-applicable
interest rate on the Borrower’s Loan as set forth in the Project Note].
“Determination of Taxability” means and shall be deemed to have occurred on the first of
the following: (a) the failure to take any action that, in the reasonable judgment of Lender, is
necessary to preserve the exemption from income taxation of interest on the Loans, (b) a final
judgment or order of a court of competent jurisdiction, or a final ruling or decision of the Internal
Revenue Service, in any such case to the effect that the interest on the Authority’s Loan is
includable for Federal income tax purposes in the gross incomes of the recipients thereof, or (c) the
enactment of Federal legislation that would cause the interest on the Authority’s Loan to be
includable for Federal income tax purposes in the gross incomes of the recipients thereof.
“Environmental Laws” means any law, rule, or regulation pertaining to (a) any emission,
discharge, release, runoff, disposal, or presence in the environment of any Environmental
Substance, (b) any cleanup, containment, manufacturing, treatment, handling, transportation,
storage, or sale of, or other activity pertaining to, any Hazardous Material, or (c) any other peril to
public or occupational health or safety or to the environment that may be posed by any Hazardous
Material.
“Event(s) of Default” means those events specified in Section 7.1 hereof.
“Financed Facility” means the 50-unit affordable housing facility in Avon, Colorado and
the Land (as defined in the Deed of Trust) on which such housing facility is located and described
in Exhibit A hereto and an exhibit to the Deed of Trust.
“Financing Agreement” means this Financing Agreement, as it may be amended, dated the
Closing Date by and among the Authority, the Borrower and the Lender.
“Governmental Authority” means any federal, state or local government (whether domestic
or foreign), any political subdivision thereof or any other governmental, quasi-governmental,
judicial, public or statutory instrumentality, authority, body, agency, bureau or entity (including
any zoning authority, the Federal Deposit Insurance Corporation or the Federal Reserve Board,
any central bank or any comparable authority), or any arbitrator with authority to bind a party at
law, provided, however, that the Authority shall not be a Government Authority for purposes of
this definition.
“Gross Revenues”: means the gross rental revenues received by or on behalf of Borrower
for the period of time in question, together with any other recurring income received by Borrower
in connection with the operation of the Mortgaged Property for the period of time in question, any
business interruption proceeds, and all other normal and recurring revenue derived from the
operation of the Mortgaged Property.
“Hazardous Material” means any toxic substance or hazardous material defined in or
designated as hazardous or toxic wastes, hazardous or toxic material, containment, waste, or
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pollutant by any Environmental Law now or hereafter in effect or other similar product or
substance that may pose a threat to public or occupational health or safety or to the environment.
“Investment Letter” means a letter substantially in form attached hereto as Exhibit B signed
by the Lender in connection with the making of the Authority’s Loan.
“Joint Exercise Agreement” means the Amended and Restated Joint Exercise of Powers
Agreement Relating to the Public Finance Authority, dated September 28, 2010 by and among
Adams County, Wisconsin, Bayfield County, Wisconsin, Marathon County, Wisconsin, Waupaca
County, Wisconsin and the City of Lancaster, Wisconsin, as such agreement may be amended
from time to time.
“Lease” means the Ground Lease dated as of the date hereof, by and between the Borrower
and the Authority.
“Leasehold Deed of Trust” means that certain Leasehold Deed of Trust and Security
Agreement dated as of the date hereof, given by the Borrower, as grantor, to the Public Trustee of
Eagle County, Colorado, for the benefit of the Lender, providing for a lien and security interest on
Borrower’s leasehold interest in the Collateral, and securing the Borrower’s payment and
performance obligations hereunder and under the other Borrower Documents.
“Lender” means FirstBank, a Colorado state banking corporation, and its permitted
successors and assigns.
“Loan Authorizing Resolution” means the resolution of the Board of Directors of the
Authority authorizing the Authority to enter into the Authority’s Loan from the Lender and the
Borrower’s Loan to the Borrower and approving this Financing Agreement and related matters.
“Loan Documents” means this Financing Agreement, the Tax Agreement, the Project Note,
the Project Loan Agreement, the Deed of Trust, the Leasehold Deed of Trust and any document or
instrument executed pursuant to the Project Loan Agreement, and any and all future renewals and
extensions or restatements of, or amendments or supplements to any of the foregoing.
“Loan Payment(s)” means the amounts required to be paid by the Borrower in respect of
the Borrower’s Loan pursuant to the Project Note and as described in Section 4.1 hereof.
“Loans” means, together, the Authority’s Loan and the Borrower’s Loan all pursuant to
this Financing Agreement.
“Member” means the parties to the Joint Exercise Agreement and any political subdivision
that has been designated in the past, or from time to time in the future is designated, as a member
of the Authority pursuant to the Joint Exercise Agreement.
“Mortgaged Property” means the real property and improvements thereon of the Authority
as further described on Exhibit A and to which Borrower has a leasehold interest pursuant to the
Lease.
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“Net Operating Income” means the amount of (i) Gross Revenues for the applicable period
of time in question, less (ii) the amount of Operating Expenses for such period of time.
“Net Proceeds” means, when used with respect to any insurance payment or condemnation
award, the gross proceeds thereof attributable to the Collateral or any portion thereof less those
expenses (including attorneys’ fees) incurred in the collection of such gross proceeds.
“Operating Expenses” means any and all operating costs and expenses incurred by or on
behalf of Borrower in connection with the Mortgaged Property during the applicable time period
in question, including without limitation (i) taxes and assessments imposed upon the Property
which are reasonably allocable to such time period, (ii) insurance premiums for the Mortgaged
Property which are reasonably allocable to such time period, and (iii) operating expenses incurred
by Borrower for the management, operation, cleaning, leasing, maintenance and repair of the
Mortgaged Property which are reasonably allocable to such time period. Operating Expenses shall
not include any interest, principal, Loan fees, extension fees or other payments on the Project Note,
depreciation and amortization, capital expenses and capital items as capitalized, including, without
limitation, construction costs and professional fees and other expenses relating thereto, asset
management fees, reserves, distributions, leasing commissions, fees, tenant improvement costs
and other costs and expenses of placing tenants in possession of any portion of the Mortgaged
Property (including professional fees related thereto), costs of repair or restoration after a casualty
or condemnation, security deposits returned to tenants, expenses for furniture, fixtures and
equipment, and extraordinary non-recurring one-time expenses.
“Origination Fee” means $130,000.
“Project” means the refunding of all the outstanding Bonds (including the payment of costs
in connection with the closing of the Loans), and the financing of improvements to the Financed
Facility.
“Project Agreement” means the Project Agreement dated as of the date hereof, by and
among the Borrower, the Authority, and the Town.
“Project Loan Agreement” means the Project Loan Agreement dated as of the date hereof,
by and between Borrower and Lender.
“Project Note” means the promissory note of the Borrower, dated the Closing Date, in the
form attached as Exhibit C to this Financing Agreement and in the principal amount of
$13,000,000, evidencing the obligation of the Borrower to make Loan Payments related to the
Borrower’s Loan and endorsed and assigned without recourse by the Authority payable to the
Lender.
“Revenues” means (a) the payments made under the Borrower’s Loan, and (b) all of the
moneys received or to be received by the Authority or the Lender in respect of the repayment of
the Project Note.
“Special Counsel” means the counsel who renders the opinion as to tax-exempt status of
interest on the Authority Loan or such other nationally recognized municipal bond counsel as is
mutually acceptable to the Authority, the Borrower, and the Lender.
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“Sponsor” means the National League of Cities, the National Association of Counties, the
Wisconsin Counties Association, the League of Wisconsin Municipalities, and any other person
that holds itself out, or is identified by the Authority, as an organization sponsoring the Authority.
“State” means the State of Wisconsin.
“Subordinate Note” means that certain Subordinate Note dated as of [April 1, 2022] in the
principal amount of $2,900,000 by Borrower as maker to EagleBend Affordable Housing
Corporation, a Colorado nonprofit corporation, as holder.
“Tax Agreement” means the Tax Compliance Agreement of the Authority and the
Borrower delivered in connection with the initial execution and delivery of this Financing
Agreement, as modified from time to time pursuant to its terms.
“Taxable Make-Whole Amount” has the meaning set forth in Section 3.3 hereof.
“Taxable Period” has the meaning set forth in Section 3.3.
“Taxable Rate” means the interest rate of 5.3% per annum, which shall in each case be
calculated on the basis of a 360-day year and the actual number of days elapsed.
“Title Company” means Land Title Guarantee Company.
“Town” means the Town of Avon, Colorado.
“Unassigned Rights” means the Authority’s rights under Sections 4.2, 4.5, 6.4, 6.7, 7.7,
7.9, 7.10, 7.11, 8.17, 8.18, and 8.19 hereof and under the Authority Documents, and to the extent
not expressly provided in said sections (or in any other sections hereof or thereof), the Authority’s
rights hereunder or thereunder to (i) inspect books and records; (ii) give or receive notices,
approvals, consents, requests, and other communications; (iii) receive payment or reimbursement
for expenses, including, without limitation, closing expenses and the Authority’s Annual Fee;
(iv) immunity from and limitation of liability; (v) indemnification by the Borrower or any other
Person; and (vi) to enforce, in its own name and on its own behalf, those provisions hereof and of
the Authority Documents and any other document, instrument or agreement entered into with
respect to the Authority Obligation that provides generally for the foregoing enumerated rights or
any similar rights of the Authority or any Authority Indemnified Person. For avoidance of doubt,
the “Unassigned Rights” referenced in clauses (iv), (v), and (vi), above, shall include (but not be
limited to) the rights of the Authority Indemnified Persons to immunity from and limitation of
liability and indemnification by the Borrower as provided herein and the right of any such
Authority Indemnified Person to enforce such rights in his, her or its own name.
ARTICLE 2
REPRESENTATIONS
Section 2.1 Representations by the Authority. The Authority represents that:
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(a) the Authority is a unit of government and a body corporate and politic of
the State, duly organized and existing under the laws of the State, is authorized pursuant to
the Act and the Loan Authorizing Resolution to enter into the transactions contemplated
by this Financing Agreement and the Authority Documents and to carry out its obligations
hereunder and thereunder, and has duly authorized the execution and delivery of this
Financing Agreement and the Authority Documents, and the Financing Agreement and
Authority Documents are the valid, legal and binding obligations of the Authority
enforceable in accordance with their respective terms except as the enforcement thereof
may be limited by bankruptcy, insolvency, reorganization, arrangement, fraudulent
conveyance, moratorium and other law relating to or affecting creditors’ rights, to the
application of equitable principals, to the exercise of judicial discretion in appropriate cases
and to the limitation on legal remedies against joint powers commissions or governmental
units of the State of Wisconsin;
(b) by official action of the Authority prior to or concurrently herewith, the
Authority has authorized and approved the execution and delivery of the Authority
Documents and the consummation by the Authority of the transactions contemplated
thereby;
(c) the execution and delivery by the Authority of this Financing Agreement
and the Authority Documents and compliance with the provisions on the Authority’s part
contained therein will neither (i) conflict with or constitute a material breach of or default
under any law, administrative regulation, judgment, decree, loan agreement, indenture,
bond, note, resolution, agreement or other instrument to which the Authority is a party or
is otherwise subject, nor (ii) result in the creation or imposition of any lien, charge or other
security interest or encumbrance of any nature whatsoever upon any of the properties or
assets of the Authority under the terms of any such law, administrative regulation,
judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other
instrument, except as provided by this Financing Agreement or the Authority Documents;
(d) The execution and delivery by the Authority of the Authority Documents
and compliance with the provisions on Authority’s part therein will neither (i) conflict with
or constitute a material breach of or default under any applicable State or federal law,
administrative regulation, judgment or decree, nor (ii) result in the creation or imposition
of any lien, charge or other security interest or encumbrance of any nature whatsoever upon
any of the properties or assets of the Authority under the terms of any such applicable State
or federal law, administrative regulation, judgment or decree, except as provided by the
Authority Documents;
(e) to the Authority’s knowledge, no litigation at law or in equity or
administrative action of any nature has been served on the Authority and is now pending
materially adversely affecting, nor to the Authority’s knowledge is there any proposed
amendment to any State law or any administrative interpretation of any State law or any
legislation that has passed either house of the legislature of the State, or any judicial
decision interpreting any of the foregoing, the effect of which will materially adversely
affect (i) the creation, organization or existence of the Authority; (ii) the authority of the
Authority to accept or perform the duties and obligations of the Authority under this
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Financing Agreement and the Authority Documents; (iii) the Authority’s ability to fulfill
its duties and obligations under this Financing Agreement and the Authority Documents;
or (iv) the validity or enforceability (subject to the limitations in Subsection (a), above) of
this Financing Agreement and the Authority Documents; and
(f) to the Authority’s knowledge, no director or member of the Board of
Directors of the Authority or any other officer of the Authority has any significant or
conflicting interest, financial, employment or otherwise, in the Borrower, the Project or the
transactions described herein.
Section 2.2 Representations by the Borrower. The Borrower represents as of the date
hereof and as of the date of each request for disbursement, and warrants and covenants that:
(a) the Borrower is a nonprofit corporation duly organized and in good standing
under the laws of the State of Colorado for the benefit of the Town; has the power and
authority to lease and purchase the Financed Facility and Land from the Authority and to
enter into and to perform and observe the covenants and agreements on its part contained
in this Financing Agreement and all other Borrower Documents, all for the benefit of the
Town; and by proper action has duly authorized the execution and delivery of this
Financing Agreement and all other Borrower Documents;
(b) none of the execution and delivery of this Financing Agreement or any of
the other Borrower Documents, the consummation of the transactions contemplated hereby
and thereby, or the fulfillment of or compliance with the terms and conditions of this
Financing Agreement or any other Borrower Documents violate any law or conflicts with
or result in a breach of any of the terms, conditions or provisions of any restriction or any
agreement or instrument to which the Borrower is now a party or by which it is bound or
constitutes a default under any of the foregoing or results in the creation or imposition of
any lien, charge or encumbrance of any nature whatsoever upon any of the Collateral under
the terms of any instrument or agreement, other than this Financing Agreement and the
other Borrower Documents;
(c) there is no action, suit, proceeding, inquiry or investigation by or before any
court, Governmental Authority or public board or body pending against the Borrower or,
to the Borrower’s knowledge, threatened against the Borrower (nor, to the Borrower’s
knowledge, is there any basis therefor) which (i) affects or seeks to prohibit, restrain or
enjoin the execution and delivery of the Borrower Documents, (ii) affects or questions the
validity or enforceability of the Borrower Documents or (iii) questions the power or
authority of the Borrower to carry out the transactions contemplated by, or to perform its
obligations contemplated by, or to perform its obligations under the Borrower Documents,
or the powers of the Borrower to own, acquire, construct, equip, develop and operate or
finance the Financed Facility;
(d) the aggregate and total cost of the Project is not less than $13,000,000, and
the financing of such cost by the Authority with the proceeds of the Authority Loan will
help the Borrower provide affordable housing within the Town for individuals and families
of low and moderate income;
ATTACHMENT B-Financing Agreement
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(e) the Borrower is duly authorized and licensed to lease and operate the
Financed Facility;
(f) the Loan Payments due under this Financing Agreement are in amounts
sufficient to pay the principal of and prepayment premium, as set forth in the Project Note
and interest on the Authority Loan; and this Financing Agreement requires the Borrower
to pay all costs of maintenance, repair, taxes, payments in lieu of taxes, assessments,
insurance premiums and all other expenses relating to the Collateral, so that the Authority
will not incur any expenses on account of the Collateral, other than those that are covered
by the payments by the Borrower provided for herein;
(g) except as described in writing delivered to the Authority and the Lender,
neither the Borrower nor any other person, to its knowledge, has ever caused or permitted
any Hazardous Material to be placed, held, located or disposed of on, under or at the
Mortgaged Property or any part thereof in material violation of applicable Environmental
Laws. The Borrower warrants and represents that it has complied and will comply in all
material respects with all applicable Environmental Laws. The Mortgaged Property to the
Borrower’s knowledge has not previously contained and does not contain any underground
storage tanks other than in compliance with all applicable Environmental Laws and have
never been used by the Borrower or, to the best knowledge of the Borrower, by any other
person, as a temporary or permanent storage or disposal site for any Hazardous Material
except in compliance with all applicable Environmental Laws, The Borrower represents
and warrants to the Authority and the Lender that all Hazardous Material generated or used
by the Borrower at the Mortgaged Property will be handled, stored, transported and
disposed of in accordance with applicable Environmental Laws;
(h) there are no actions, suits or proceedings or investigations pending or, to the
best of the knowledge of the officer executing this Financing Agreement, threatened
against the Borrower or the property of the Borrower, or involving the enforceability of
this Financing Agreement or any other Borrower Documents, at law or in equity, or before
or by any Governmental Authority, except actions which, if adversely determined, would
not materially impair the ability of the Borrower to perform its obligations under this
Financing Agreement or any other Borrower Documents, and to cause to be paid any
amounts which may become payable under this Financing Agreement. The Borrower is
not in default in any material respect under any mortgage, deed of trust, lease, loan or credit
agreement, partnership agreement, or other instrument to which the Borrower is a party or
by which it is bound;
(i) no changes will be made to the Financed Facility, including any additions
or improvements thereto, which will affect the use of such facility in or for the Borrower
or which will cause the Borrower to violate its representations contained herein;
(j) the Collateral is and will be utilized and maintained in such manner as to
conform with all applicable zoning, planning, building, environmental, and other
regulations of all governmental authorities having jurisdiction over the Collateral;
ATTACHMENT B-Financing Agreement
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(k) concurrent with the delivery hereof, the Borrower will execute and deliver
the Leasehold Deed of Trust and the other Borrower Documents;
(l) the Borrower has provided to the Lender a statement of financial position
(or balance sheet), statement of activities (or income statement), and statement of cash
flows, each as of [December 31, 2021], audited and reported upon by independent certified
public accountants. Those financial statements and reports from later periods, (i) were
prepared in accordance with generally accepted accounting principles consistently applied
throughout the period covered thereby, except as otherwise expressly noted therein, and
(ii) are complete, accurate, and a fair presentation of the financial condition of the
Borrower as of the date(s) thereof and the results of its operations for the period(s) covered
thereby (subject in the case of interim statements and reports to normal year-end audit
adjustments). Other than the Subordinate Note, the Borrower is not obligated or liable for
any indebtedness or other material financial obligation that is not reflected in the financial
statements and reports provided to the Lender. Since [December 31, 2021], no event has,
or events have, occurred that individually or in the aggregate could have or have had a
material adverse effect on the Borrower’s ability to repay the Borrower’s Loan or otherwise
pay and perform its obligations hereunder and under the other Borrower Documents. After
giving effect to the indebtedness and other liabilities and obligations of the Borrower
arising under this Financing Agreement and the other Borrower Documents, the Borrower
(1) is solvent (i.e., the aggregate fair value of its assets exceeds the sum of its liabilities),
(2) has adequate working capital given the business and operations in which it is engaged
or for which it has immediate plans to engage, and (3) is and will be able to pay its
indebtedness and all other financial obligations as they mature. The Borrower (y) is not,
and has never been, the subject of any federal or state bankruptcy proceeding, or any similar
proceeding or action, and (z) is not currently considering or planning to commence any
such proceeding;
(m) this Financing Agreement and all other Borrower Documents to which the
Borrower is a party constitute the legal, valid and binding obligations of the Borrower
enforceable against the Borrower in accordance with their respective terms, and the
Borrower’s obligations and undertakings in respect to the Unassigned Rights constitute the
legal, valid and binding agreements of the Borrower enforceable against the Borrower
(A) by the Authority in its own right or (B) in the case of the rights of any Authority
Indemnified Person (including, without limitation, the right of any Authority Indemnified
Person to indemnification and immunity from liability), by such Authority Indemnified
Person in his, her or its own right in accordance with their respective terms, except in all
cases as limited by bankruptcy, insolvency or similar laws of general application relating
to the enforcement of creditors’ rights, and except to the extent specific remedies may
generally be limited to equitable principles;
(n) all information heretofore or contemporaneously herewith furnished by the
Borrower to the Lender or the Authority for the purposes of or in connection with this
Financing Agreement, the Borrower Documents or any transaction contemplated hereby
is, regardless of whether the Authority is a party thereto (including, without investigation,
any financial statements, whether audited or unaudited, or any other financial information
provided in connection therewith) and all information hereafter furnished by or on behalf
ATTACHMENT B-Financing Agreement
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of the Borrower to the Lender or the Authority will be, true and accurate in every material
respect on the date as of which such information is dated or certified, and none of such
information is or will be incomplete by omitting to state any material fact necessary to
make such information not misleading. Projections contained in any such materials have
been made by the Borrower in good faith and based on the best information available to
the Borrower. The Borrower agrees to promptly update any information previously
provided to the Lender in the event that such information is no longer true or correct or
otherwise becomes incomplete or misleading based on the then-current facts and
circumstances;
(o) any statements regarding the Financed Facility or the Project or the
Borrower and set forth in a certificate signed by a representative or officer of the Borrower
and delivered pursuant to this Financing Agreement shall be deemed a representation and
warranty by the Borrower as to such statements;
(p) the lien, security interest and assignment created by the Leasehold Deed of
Trust shall, when granted and recorded or filed, be valid, effective, properly perfected and
shall constitute an enforceable lien, security interest and assignment on the Collateral and
the Mortgaged Property encumbered thereby; and
(q) the Subordinate Note is subordinate to the Project Note in all respects;
provided that so long as no amounts are past due on the Project Note, Borrower may make
payments on the Subordinate Note.
The foregoing representations are made by the Borrower as of the date of this Financing
Agreement, shall survive the issuance of the Loans, and shall remain operative and full force and
effect regardless of the issuance of the Loans, and regardless of any investigations by or on behalf
of the Authority or the results thereof.
ARTICLE 3
MAKING THE LOANS AND APPLICATION OF THE PROCEEDS THEREOF
Section 3.1 Agreement to Make the Loans; Application of Proceeds. On the Closing
Date, the Authority agrees to fund the Project by making the Borrower’s Loan to the Borrower
from the proceeds of the Authority’s Loan. To provide funds to make the Borrower’s Loan, the
Lender agrees to make the Authority’s Loan to the Authority on the Closing Date subject to the
provisions set forth herein. The Borrower will effectuate the Project by causing the proceeds of
the Borrower’s Loan to be used for paying Project costs and by paying the costs related to the
making of the Loans. Pursuant to Section 8.4 herein, the Authority shall endorse and assign
without recourse the Project Note payable to the Lender.
The Authority Loan will be funded on the Closing Date in an initial advance to the
Borrower in the amount of $_____ to pay for the refunding and defeasance of the Bonds, including
payment of costs of issuance with respect to the Loans (the “Initial Advance”) and the remaining
balance of the Authority Loan in the amount of $_____ plus Borrower’s Equity (as that term is
defined in the Project Loan Agreement) will be deposited into he Project Improvement Funds
ATTACHMENT B-Financing Agreement
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Account (as that term is defined in the Project Loan Agreement) to be used by Borrower to
complete the Improvements defined in and in accordance with the Project Loan Agreeement.
Section 3.2 Conditions to Closing. The Lender’s obligations under this Financing
Agreement shall be subject to the condition that there shall have been delivered to the Authority
and the Lender the following, all in form and substance satisfactory to the Authority and the
Lender:
(a) the Loan Authorizing Resolution, certified by an Authorized Authority
Representative that it is a true, correct and complete copy of the resolution duly adopted or
authorized by the Board of Directors of the Authority and that it has not been amended,
modified or rescinded and is in full force and effect as of the Closing Date;
(b) this Financing Agreement duly executed by the Authority, the Lender and
the Borrower;
(c) the duly executed Project Note, with the duly executed Allonge from the
Authority to the Lender attached thereto;
(d) the Leasehold Deed of Trust and other Borrower Documents, duly executed
by the Borrower;
(e) certified copies of the Borrower’s organizational documents and certified
resolutions of the board of directors of the Borrower authorizing the execution and delivery
of this Financing Agreement and the other Borrower Documents;
(f) the Tax Agreement, in form and substance acceptable to the Lender and the
Authority, executed by an Authorized Authority Representative and an Authorized
Borrower Representative;
(g) an IRS Form 8038, in form satisfactory to the Lender;
(h) Wisconsin Department of Revenue Form IC-85 (Report of Conduit
Revenue Bonds), in form satisfactory to Special Counsel.
(i) certificates satisfactorily evidencing continuing compliance with the
insurance requirements of the Deed of Trust and Leasehold Deed of Trust;
(j) such other certificates of the Authority or the Borrower as may reasonably
be required by the Lender to evidence compliance with the terms of this Financing
Agreement; the Authority shall not be required to execute any certificates as to any matter
in respect of which it has no liability under the terms of this Financing Agreement;
(k) a written opinion of counsel to the Borrower in form and substance
satisfactory to the Lender;
(l) a written opinion of Special Counsel addressed to the Lender and the
Authority, in form and substance satisfactory to the Lender and the Authority;
ATTACHMENT B-Financing Agreement
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(m) a written opinion of the legal counsel to the Authority in form and substance
satisfactory to the Lender and Special Counsel;
(n) an Investment Letter duly executed by the Lender;
(o) an appraisal of the Mortgaged Property, in form and substance acceptable
to the Lender, sufficient to support a loan-to-value ratio of no less than 60%;
(p) such title commitments, surveys, environmental reports, flood zone
certifications and the like relating to the Mortgaged Property as reasonably requested by
the Lender;
(q) a commitment for an ALTA extended coverage Owner’s and Mortgagee’s
title insurance policy or similar policy acceptable to the Lender (the “Title Policy”), with
such endorsements as the Lender (as Mortagee) and the Authority (as Owner) may
reasonably require, issued by the Title Company in the loan amount insuring with regard
to the Mortgagee’s insurance policy, the lien of the Deed of Trust to be a first priority lien
upon the Mortgaged Property and the lien of the Leasehold Deed of Trust to be a first
priority lien upon the leasehold interest described in the Lease, subject only to such
exceptions as the Lender may expressly approve in writing;
(r) a quit claim deed executed by the Borrower transferring unencumbered fee
title to the Land and Financed Facility to the Town;
(s) a quit claim deed executed by the Town transferring unencumbered fee title
to the Land and the Financed Facility to the Authority;
(t) the Deed of Trust duly executed by the Authority;
(u) the Project Agreement duly executed by the Borrower, the Authority, and
the Town;
(v) the Lease duly executed by the Borrower and the Authority; and
(w) the Lender shall have received the additional documents specified in
Section 4.4 of the Project Loan Agreement, such other instruments, certificates, and items
as may be reasonably requested by the Authority or the Lender.
The Borrower’s payment of the Origination Fee is an additional condition precedent to the
Lender’s obligation to make the Authority’s Loan. Any conditions herein specified may be waived
by the Lender and the Authority.
Section 3.3 Authorization of the Loans; Interest Rates. The Lender hereby agrees to
(a) enter into this Financing Agreement, and (b) make the Authority’s Loan hereunder, in the total
principal amount of $13,000,000. The Lender also authorizes the making of the Borrower’s Loan
by the Authority in the total principal amount of $13,000,000. The Borrower shall execute and
deliver the Project Note on the Closing Date and the Authority shall endorse and assign without
recourse the Project Note payable to the Lender.
ATTACHMENT B-Financing Agreement
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So long as no Determination of Taxability and no Event of Default has occurred, the
outstanding principal amount of the Authority’s Loan and the Borrower’s Loan shall bear interest
from the Closing Date at a tax-exempt interest rate equal to 4.14% per annum. Interest will accrue
using an actual/360 accounting method.
In the event of a Determination of Taxability, the Project Note and the Authority Loan shall
bear interest at the Taxable Rate from the date of the Determination of Taxability, and the amount
of interest to be paid on each payment date occurring after such Determination of Taxability shall
be increased to the Taxable Rate. To the extent not paid or payable to the Lender, or any registered
owner, as interest at the Taxable Rate on the Authority Loan, the Borrower hereby agrees to pay
to Lender on demand therefor (a) an amount equal to the difference between (i) the amount of
interest that would have been paid to the Lender on the Project Note during the period for which
interest on the Authority Loan is included in the gross income of Lender if the Authority Loan had
borne interest at the Taxable Rate (the “Taxable Period”), and (ii) the amount of interest actually
paid to Lender during the Taxable Period, and (b) an amount equal to any interest, penalties or
charges owed by Lender as a result of interest on the Authority Loan becoming included in the
gross income of Lender, together with any and all reasonable attorneys’ fees, court costs, or other
out-of-pocket costs incurred by Lender in connection therewith, all notwithstanding whether the
Project Note has been fully paid all amounts due under this paragraph shall be defined as the
“Taxable Make-Whole Amount”.
All payments of principal and interest on the Loans and the Project Note shall be made in
accordance with the terms set forth in the Project Note and shall be made in lawful money of the
United States of America in accordance with the amortization schedules provided by the Lender
to the Borrower.
THIS FINANCING AGREEMENT AND THE AUTHORITY’S LOAN OBLIGATION
HEREUNDER SHALL BE A SPECIAL, LIMITED OBLIGATION OF THE AUTHORITY,
PAYABLE SOLELY FROM PAYMENTS MADE BY THE BORROWER PURSUANT TO
THIS FINANCING AGREEMENT, THE PROJECT NOTE (AS DEFINED HEREIN) AND
SECURITY PLEDGED BY THE BORROWER HEREUNDER[.] OF THE AUTHORITY, ANY
MEMBER, ANY SPONSOR, ANY AUTHORITY INDEMNIFIED PERSON (AS DEFINED
HEREIN), THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OR AGENCY
THEREOF OR ANY POLITICAL SUBDIVISION APPROVING THE FINANCING OF THE
PROJECT CONTEMPLATED HEREBY, AND NONE OF THE FOREGOING SHALL BE
OBLIGATED TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE
AUTHORITY’S LOAN OR THE BORROWER’S LOAN OR ANY COSTS INCIDENTAL
THERETO. THE AUTHORITY’S LOAN OBLIGATION SHALL NOT CONSTITUTE A
DEBT OR INDEBTEDNESS OF THE STATE OF WISCONSIN OR ANY MEMBER AND DO
NOT DIRECTLY, INDIRECTLY OR CONTINGENTLY OBLIGATE IN ANY MANNER ANY
MEMBER, THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OR
AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING THE ISSUANCE
OF THE AUTHORITY’S LOAN OBLIGATION TO LEVY ANY TAX OR TO MAKE ANY
APPROPRIATION FOR PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, OR
INTEREST ON, THE AUTHORITY’S LOAN OBLIGATION OR ANY COSTS INCIDENTAL
THERETO. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF ANY
MEMBER, THE STATE OF WISCONSIN OR ANY POLITICAL SUBDIVISION OR
ATTACHMENT B-Financing Agreement
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ACTIVE 64935398v3
AGENCY THEREOF OR ANY POLITICAL SUBDIVISION APPROVING THE ISSUANCE
OF THE AUTHORITY’S LOAN OBLIGATION NOR THE FAITH AND CREDIT OF THE
AUTHORITY, ANY SPONSOR OR ANY AUTHORITY INDEMNIFIED PERSON SHALL BE
PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, OR
INTEREST ON, THE AUTHORITY’S LOAN OBLIGATION OR ANY COSTS INCIDENTAL
THERETO. THE AUTHORITY HAS NO TAXING POWER.
Section 3.4 Prepayment of Loans at Option of the Borrower. The Loans shall be
subject to a prepayment premium as set forth in the Project Note.
Section 3.5 Debt Service. Commencing on December 31, 2024, and annually
thereafter Borrower will achieve and maintain a minimum Debt Service Coverage Ratio (“DSR”)
of 1.150:1.0 (the “Minimum DSR”). The DSR will be calculated as the ratio of (a) the actual Net
Operating Income for the Property, before depreciation and interest expense, for the preceding
twelve (12) month period, to (b) the anticipated principal and interest payments on the Loan for
the succeeding twelve (12) months, which shall be calculated based on the Interest Rate and an
amortization period of four hundred twenty (420) months. Borrower shall provide to Lender
audited Financial Statements or tax returns complete with all schedules, and a rent roll on an annual
basis no later than ninety (90) days after the fiscal year end. Borrower may, at Lender’s sole
discretion, provide additional sources of financial documentation to meet this requirement. In the
event the Minimum DSR is not met, Borrower will, within thirty (30) days of notice from Lender,
either (i) reduce the outstanding principal balance of the Loan by an amount sufficient to meet the
Minimum DSR or (ii) post cash collateral or a letter of credit, acceptable to Lender, in an amount
which would if applied to the Loan reduce the principal balance of the Loan to an amount which
would satisfy Minimum DSR. If Borrower fails to reduce the Loan, provide cash collateral or a
letter of credit to Lender within such thirty-day period, an Event of Default will have occurred and
Lender will be entitled to exercise all rights and remedies available under the Loan Documents
and at law.
Annually no later than ninety (90) days after the end of each fiscal year of the Borrower,
Lender shall measure debt service (each a “Test Date”). On each Test Date, the Borrower shall
achieve and maintain a Debt Service Coverage Ratio of 1.15x (“Debt Service Coverage Ratio
Amount”). The first time the Debt Service Coverage Ratio Amount is not achieved on a Test Date,
the Borrower shall reduce the principal amount outstanding on the Borrower Loan and the
Authority Loan through repayment of the Project Note in the amount of principal required to meet
the Debt Service Coverage Ratio Amount within thirty (30) days of written notice from the Bank
of failure to meet achieve the Debt Service Coverage Ratio Amount. In order for the Bank to test
the Debt Service Coverage Ratio, the Borrower will be required to provide audited financial
statements and an accompanying rent roll to the Bank on an annual basis. At the Bank’s sole
discretion, the Borrower may provide other sources of financial documentation to meet this
requirement. The foregoing notwithstanding, the Borrower’s failure to achieve or maintain the
Debt Service Coverage Ratio Amount and not timely remedy such failure through provision herein
above will be deemed a default as set forth in Section 7.1 herein.
ATTACHMENT B-Financing Agreement
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Section 3.6 Ownership and Use of the Collateral. The Authority agrees that it shall
have title to and ownership of the Collateral and that it shall lease the Collateral to the Borrower
pursuant to the Lease. Except as otherwise permitted by this Financing Agreement or law and
subject to the Deed of Trust, the Borrower and the Lender covenant they will not take any action,
or cause any action to be taken, to interfere with the Authority’s ownership of the Collateral.
Except as otherwise provided in the Leasehold Deed of Trust and the Lease, the Authority and the
Lender covenant and agree that they will not take any action or to prevent the Borrower from
having possession, custody, use and enjoyment of the Collateral pursuant to the Lease.
Section 3.7 Tax Covenant. The Borrower covenants for the benefit of the Authority
and the Lender that it will not take any action or omit to take any action with respect to the
Authority’s Loan, the Project Note, the Borrower’s Loan, the proceeds thereof or any funds or
property of the Borrower if such action or omission (i) would cause the interest on the Authority’s
Loan to lose its excludability from gross income for federal income tax purposes under Section
103 of the Code, (ii) would cause interest on the Authority’s Loan to lose its excludability from
alternative minimum taxable income as defined in Section 55(b)(2) of the Code except to the extent
such interest is required to be included in the adjusted current earnings adjustment applicable to
corporations under Section 56 of the Code in calculating corporate alternative minimum taxable
income, or (iii) constitutes a Determination of Taxability.
The Borrower further covenants, represents and warrants that the procedures set forth in
the Tax Agreement implementing the above covenant shall be complied with to the extent
necessary to maintain the excludability from gross income of interest on the Authority’s Loan for
federal income tax purposes or to avoid the application of any penalties under the Code (except to
the extent noted in the previous paragraph).
To the extent necessary to maintain the excludability from gross income of interest on the
Authority’s Loan for federal income tax purposes (except to the extent noted above), the foregoing
covenants shall remain in full force and effect notwithstanding final payment or prepayment of the
Authority’s Loan or defeasance of the Authority’s Loan and Project Note or any other provision
of this Financing Agreement.
ARTICLE 4
PROVISIONS FOR PAYMENT
Section 4.1 Loan Payments. The Borrower shall repay the Borrower’s Loan by paying
when due the principal and interest and other sums due on the Authority’s Loan and the Project
Note at the times and in the manner required by the Project Note. All payments of principal,
interest, and other sums to be made on the Project Note shall be made directly to the Lender for
the account of the Authority and shall constitute corresponding payments on the Authority’s Loan.
Any installment payment of principal or interest (excluding any payment at maturity, by
acceleration or otherwise), that is late by more than ten (10) days, will be subject to a late fee equal
to five (5%) of the regularly scheduled installment, but not less than One Hundred and no/100ths
Dollars ($100.00).
ATTACHMENT B-Financing Agreement
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Section 4.2 Administration Expenses. Until repayment of the Authority’s Loan and
the Project Note in full and payment of all other amounts due to the Lender and the Authority
hereunder, the Borrower shall pay the Administration Expenses which have accrued and become
payable, upon submission by the Authority and the Lender, respectively, of a statement therefor.
The payment of Administration Expenses shall be made directly to the Authority or the Lender,
respectively. Such Administration Expenses shall be billed to the Borrower by the Authority or
the Lender from time to time, together with a statement certifying that the amount billed has been
incurred or paid by the Authority or the Lender. After such a demand, amounts so billed shall be
paid by the Borrower within thirty (30) days after receipt of the bill by the Borrower. Any bill
submitted pursuant to this Section 4.2 shall constitute notice and demand for payment sufficient in
and of itself to cause the 30-day cure period under Section 7.1(c) to commence with respect to the
amount billed. Notwithstanding the foregoing, the Authority may, but shall not be required to,
submit a bill to the Borrower for payment of the Authority Annual Fee, which shall be paid in
semiannual installments on the six (6)-month anniversary of the Closing Date and subsequently
on the same day every sixth (6th) month thereafter. The amount of each semiannual payment shall
be determined by multiplying (i) the principal amount of Authority’s Loan outstanding as of the
last day of the calendar month preceding the installment payment due date by (ii) 3/100ths of 1
percent (three (3) basis points) by (iii) one-half (1/2). [TO BE VERIFIED BY PFA]
Section 4.3 Cessation of Accrual of Interest. In the event of a prepayment of the
Authority’s Loan and the Project Note, interest on the portion of the Authority’s Loan and the
Project Note which is prepaid shall cease to accrue upon the payment of such amount to the Lender.
Section 4.4 Unconditional Obligations; Security. Upon the making of the Borrower’s
Loan, the obligations of the Borrower to repay the Borrower’s Loan and the Project Note and to
pay Administration Expenses shall be absolute and unconditional, shall be binding and enforceable
in all circumstances whatsoever, and shall not be subject to setoff or counterclaim. The Borrower
shall be obligated to make the payments whether or not the Collateral is rendered unusable to any
extent from any cause whatsoever. Without limiting the generality of the foregoing, the
obligations shall not be affected by: the exercise of any remedy by the Authority or the Lender
under Section 7.2 hereof; failure of consideration or title, frustration of commercial purpose,
condemnation, destruction or damage to the Collateral or other property of the Borrower; any
change in the tax or other laws of the United States of America or the State of Colorado or any
political subdivision of either; or inability or failure of the Authority or the Lender to perform any
obligation hereunder. Except as otherwise provided herein, the Borrower’s other obligations under
this Financing Agreement and other Borrower Documents shall be similarly absolute,
unconditional, binding and enforceable in all circumstances whatsoever, but this Section shall not
affect the right of the Borrower to commence legal proceedings against the Lender under Section
7.6 hereof.
Section 4.5 Closing Expenses. In addition to and without in any way limiting its
obligations to pay and indemnify the Authority and the Authority Indemnified Persons against
fees, costs and charges arising out of or in connection with this Financing Agreement, the Borrower
Documents, or the Loans, the Borrower shall pay, upon the closing of the issuance of the Loans
and as a condition thereto: (i) to the Authority, the Authority’s issuance fee equal to 25/100ths of
1 percent (0.25%) of the initial principal amount of the Authority’s Loan [SUBJECT TO PFA
VERIFICATION] (without regard to whether a portion of such principal may be subject to being
ATTACHMENT B-Financing Agreement
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ACTIVE 64935398v3
advanced at a later date) less, if applicable, any application fee heretofore paid by the Borrower to
the Authority; and (ii) attorney’s fees incurred by the Authority in connection with the issuance of
the Loans.
ARTICLE 5
MAINTENANCE, TAXES, INSURANCE, USE OF NET PROCEEDS, ETC.
Section 5.1 Maintenance. The Borrower agrees that during the term of this Financing
Agreement and the Borrower Documents, it will maintain, at its own expense, the Collateral and
keep it in good repair and operating condition as required under the Lease, the Project Loan
Agreement, and the Leasehold Deed of Trust. The Authority agrees that during the term of the
Deed of Trust, it will require the Borrower to maintain at the Borrower’s expense, the Collateral
and keep it in good repair and operating condition as required under the Deed of Trust.
Section 5.2 Taxes and Other Governmental Charges. The Borrower will, in
accordance with the respective requirements of the Lease, the Project Loan Agreement, the Deed
of Trust, and the Leasehold Deed of Trust, pay all taxes, assessments or governmental charges of
any kind levied with respect to the Collateral.
Section 5.3 Insurance. The Borrower agrees to insure the Collateral in accordance with
the requirements of the Project Loan Agreement, the Lease, the Deed of Trust, and the Leasehold
Deed of Trust.
Section 5.4 Use of Net Proceeds. The Borrower shall, use or apply the Net Proceeds
from any insurance payment or condemnation award received with respect to the Collateral in
accordance with the requirements of the Lease, the Deed of Trust, and the Leasehold Deed of
Trust.
Section 5.5 No Sale or Liens. Neither the Authority nor the Borrower shall sell,
convey, assign, or otherwise transfer, and it shall not directly or indirectly create, incur, assume or
suffer to exist any mortgage, deed of trust, pledge, lien, charge or other encumbrance upon, the
Collateral except as permitted by the Lease, the Deed of Trust, as the case may be.
ARTICLE 6
SPECIAL COVENANTS
Section 6.1 No Warranty of Condition or Suitability of the Mortgaged Property by
the Authority and the Lender. Neither the Authority nor the Lender makes any warranty, either
express or implied, as to the suitability or utilization of the Mortgaged Property for the purposes
of the Borrower or its successors or as to the condition of the Mortgaged Property.
Section 6.2 Borrower’s Assets. The Borrower agrees that during the term of this
Financing Agreement it will not sell or otherwise transfer to another entity all or substantially all
of its assets provided that the Borrower may, without violating the agreement contained in this
Section, sell or otherwise transfer to another entity all or substantially all of its assets if (a) (i) the
transferee entity assumes in writing all of the obligations of the Borrower herein, (ii) the Authority
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and the Lender consent in writing to such sale or other transfer, and (iii) the Borrower delivers a
written opinion of Special Counsel that such sale or other transfer will not adversely affect the tax-
exempt status of the interest on the Authority’s Loan, or (b) as part of the sale, the outstanding
principal of and accrued interest on the Loans are paid in full and the Loans and the Project Note
are discharged.
Section 6.3 Further Assurances. The Authority (subject to Section 8.11), the
Borrower and the Lender agree that each will, from time to time, execute, acknowledge and
deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such
further instruments as may reasonably be required to carry out this Financing Agreement, the
Authority Documents, and the Borrower Documents.
Section 6.4 Release and Indemnification.
(a) The Lender and its participants, affiliates and designees, and their respective
directors, officers, employees, attorneys and agents (in each case, in such person’s capacity
as such, and together with the Lender, each a “Lender Indemnitee”), will not incur any
liability for any acts or omissions (and the Borrower waives any and all related claims and
actions against each Lender Indemnitee), and each Lender Indemnitee will be indemnified,
reimbursed and held harmless by the Borrower on demand, and (at the request of the
Lender) defended at the expense of the Borrower with counsel selected by the Lender, from
and against any and all claims, liabilities, losses and expenses (including, without
limitation, the reasonable disbursements, expenses and fees of their respective attorneys)
that may be imposed upon, incurred by, or asserted against any Lender Indemnitee, and
that no settlement of a claim or proceeding against a Lender Indemnitee shall occur without
the consent of the Lender Indemnitee (which consent may be given or withheld in Lender
Indemnitee’s sole discretion), in each case arising out of or related to this Financing
Agreement, the Authority Documents and other Borrower Documents, any of the Collateral
(including without limitation any activity, injury or damage occurring on the Mortgaged
Property and any escape, seepage, leakage, spillage, discharge, emission or release of any
hazardous material from the Collateral, any liens against the Collateral permitted under or
imposed by any Environmental Laws, or any violation or actual or asserted liability or
obligations of the Borrower under any Environmental Law, regardless of whether or not
caused by, or within the control of, the Borrower), any of the Loans or the application of
any proceeds thereof, except to the extent occasioned by a Lender Indemnitee’s own acts
or omissions breaching a duty owed to the Borrower and amounting to intentional
misrepresentation or any willful and wanton misconduct. The preceding general
exculpation and indemnification does not qualify, condition, diminish, restrict, limit or
otherwise affect any other release, waiver, consent, acknowledgment, agreement or other
term or provision of this Financing Agreement or any other Borrower Document.
(b) The Borrower hereby fully and forever and irrevocably releases and, to the
fullest extent permitted by law, agrees to defend, indemnify and hold harmless the
Authority and each Authority Indemnified Person, against any and all fees, costs and
charges, losses, damages, claims, actions, liabilities and expenses of any conceivable
nature, kind or character (including, without limitation, reasonable fees and expenses of
attorneys, accountants, consultants and other experts, litigation and court costs, amounts
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paid in settlement and amounts paid to discharge judgments) to which the Indemnified
Parties, or any of them, may become subject under any statutory law or regulation
(including, without limitation, federal or state securities laws and regulations and federal
tax laws or regulations) or at common law or otherwise (collectively, “Liabilities”), arising
out of or based upon or in any way relating to:
(i) the Borrower Documents, the Authority Documents, the Loan
Documents and the execution or amendment thereof or in connection with
transactions contemplated hereby or thereby;
(ii) the performance and observance by or on behalf of the Authority of
those things on the part of the Authority agreed to be performed or observed
hereunder and under the Borrower Documents the Authority Documents, the Loan
Documents;
(iii) any act or omission of the Borrower or any of its affiliates or
affiliated persons, agents, contractors, servants, employees, tenants or licensees in
connection with the Financed Facility, the operation of the Financed Facility, or the
condition, environmental or otherwise, occupancy, use, possession, conduct or
management of work done in or about, or from the planning, design, acquisition,
installation or construction of improvements to the Financed Facility or any part
thereof;
(iv) any lien or charge upon payments by the Borrower to the Authority
or any taxes (including, without limitation, all ad valorem taxes and sales taxes),
assessments, impositions and other charges imposed on the Authority in respect of
any portion of the Financed Facility;
(v) any violation of any Environmental Regulations with respect to, or
the release of any Hazardous Substances from, the Financed Facility or any part
thereof;
(vi) the prepayment, in whole or in part, of the Loans;
(vii) any Determination of Taxability or allegations that would cause a
Determination of Taxability or any regulatory audit or inquiry regarding whether
interest on the Loans is taxable;
(viii) any injury to or death of any Person or damage to property in or
upon the Financed Facility or growing out of or connected with the use, nonuse,
condition or occupancy of the Project;
(ix) any untrue statement or misleading statement or alleged untrue
statement or misleading statement of a material fact contained in any of the
Borrower Documents, the Authority Documents, or the Loan Documents or any
omission or alleged omission from any of the Borrower Documents of any material
fact necessary to be stated therein in order to make the statements made therein, in
the light of the circumstances under which they were made, not misleading
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(excepting only such statements and information as have been provided by the
Authority); and
(x) except in the case of the foregoing indemnification of the
Authority and the Authority Indemnified Persons, to the extent such damages are
caused by the willful misconduct of the Person seeking indemnification.
THE BORROWER EXPRESSLY ACKNOWLEDGES AND AGREES THAT
THE AUTHORITY AND THE AUTHORITY’S INDEMNIFIED PERSONS SHALL
BE RELEASED FROM, AND INDEMNIFIED HEREUNDER AGAINST,
LIABILITIES ARISING FROM AUTHORITY’S OR ANY AUTHORITY
INDEMNIFIED PERSON’S OWN NEGLIGENCE OF ANY KIND, DESCRIPTION
OR DEGREE (EXPRESSLY WAIVING THE COMPARATIVE NEGLIGENCE
PROVISIONS OF SECTION 895.045 OF THE WISCONSIN STATUTES AND THE
STATUTORY OR COMMON-LAW CONTRIBUTORY OR COMPARATIVE
NEGLIGENCE LAWS OF ANY OTHER JURISDICTION), OR BREACH OF
CONTRACTUAL DUTY, WITHOUT REGARD TO OR THE NECESSITY OF
ANY BREACH OR FAULT ON THE PART OF BORROWER, EXCEPT INSOFAR
AS AND TO THE EXTENT THAT ANY SUCH LIABILITIES ARISE FROM THE
WILLFUL MISCONDUCT OF THE PERSON SEEKING INDEMNIFICATION.
(c) In the event that any action or proceeding is brought against any
Indemnified Party with respect to which indemnity may be sought hereunder, the
Borrower, upon written notice from the Indemnified Party, shall assume the investigation
and defense thereof, including the employment of counsel selected by the Indemnified
Party, and shall assume the payment of all expenses related thereto, with full power to
litigate, compromise or settle the same in its sole discretion; provided that the Indemnified
Party shall have the right to review and approve or disapprove any such compromise or
settlement. Each Indemnified Party shall have the right to employ separate counsel in any
such action or proceeding and participate in the investigation and defense thereof.
Borrower shall pay the reasonable fees and expenses of such separate counsel; provided,
however, that such Indemnified Party may only employ separate counsel at the expense of
the Borrower if in the judgment of such Indemnified Party a conflict of interest exists by
reason of common representation or if all parties commonly represented do not agree as to
the action (or inaction) of counsel.
(d) The rights of any persons to indemnity hereunder and rights to payment of
fees and reimbursement of expenses shall survive the final payment or defeasance of the
Project Note. The provisions of this Section shall remain valid and in effect
notwithstanding repayment of the Project Note or payment, prepayment or defeasance of
the Project Note or termination of this Financing Agreement.
(e) Insofar as any other document or instrument issued or delivered in
connection with the Loans (including, without limitation, the Borrower Documents and
any documents identified or referred to in Section 6.4(a)) purports to constitute an
undertaking by or impose an obligation upon the Borrower to provide indemnification to
the Authority or the Authority Indemnified Persons, the indemnification provision or
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provisions of such document shall not be deemed, interpreted or construed in any way as a
modification of or limitation upon the Borrower’s obligations or the rights of the Authority
and the Authority Indemnified Persons under Section 6.4(b), and the provisions of Section
6.4(b) shall in every respect supersede the indemnification provisions of any such other
document and shall apply thereto as if fully set forth therein.
Section 6.5 Authority of Representatives. Whenever under the provisions of this
Financing Agreement the approval of the Borrower, the Authority or the Lender is required, or the
Borrower, the Authority or the Lender is required to take some action at the request of either one
or both of the other parties, such approval or such request shall be made by the Authorized
Authority Representative, the Authorized Borrower Representative or Authorized Lender
Representative, as the case may be, or the situation might require, unless otherwise specified in
this Financing Agreement, and the other parties shall be authorized to act on any such approval or
request. No party or parties shall have any complaint against the others as a result of any such
appropriate action taken.
Section 6.6 Right of Access. The Borrower and the Authority agree, subject to
reasonable security and safety regulations and to reasonable requirements as to notice and non-
interference with operations being conducted thereon, that the Lender and its duly authorized
agents shall have the right at all reasonable times to enter upon the Mortgaged Property for
examination and inspection. The provisions of this Section 6.6 will not limit any access rights of
the Lender under the Leasehold Deed of Trust and the Deed of Trust.
Section 6.7 Covenants of Borrower to Authority and Lender. The Borrower
expressly covenants to the Authority and the Lender, and agrees as follows:
(a) Compliance with Applicable Laws. To lease, maintain and operate the
Mortgaged Property in compliance with all applicable laws, including but not limited to all
applicable Environmental Laws;
(b) Annual Audit. That it will have its books and records audited annually by
an independent certified public accountant reasonably acceptable to the Lender as soon as
practicable after the close of each fiscal year of the Borrower, and shall furnish the Lender
within 120 days after the end of each fiscal year of the Borrower with a copy of the audit
report (to include a statement of financial position (or balance sheet), statement of activities
(or income statement), and statement of cash flows, in each case prepared in accordance
with generally accepted accounting principles consistently applied throughout the period
covered thereby, except as otherwise expressly noted therein) certified by such accountant
and the accountant’s certificate of no-default, which shall also be signed by the chief
executive officer of the Borrower, stating that no event which constitutes an Event of
Default under this Financing Agreement has occurred and is continuing as of the end of
such fiscal year (or specifying the nature of such event), provided that the accountants’
certificate may be based on the work performed in connection with the audit. Upon receipt
by the Borrower of a management letter from its accountants, the Borrower will notify the
Lender that such management letter has been received and is available for inspection by
the Lender at the offices of the Borrower;
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(c) Other Financial Information. That in addition to the requirements set forth
in the Project Loan Agreement, it will maintain proper books of records and accounts with
full, true and correct entries of all of its dealings in accordance with generally accepted
accounting principles, and that it will furnish to the Lender within 30 days after the end of
each fiscal quarter, a statement of income and balance sheet. Such financial statements
will be internally prepared by the Borrower and certified by the chief executive officer of
the Borrower as being true, correct, and a fair presentation of the financial condition of the
Borrower as of the date thereof and the results of its operations for the period covered
thereby (subject to normal year-end audit adjustments);
(d) Tax Covenants. That it will (i) take whatever actions may be necessary to
preserve, and refrain from taking any action that would result in the loss of, the tax-exempt
status of the Authority’s Loan, (ii) retain a rebate analyst to perform rebate calculations at
least every five (5) years, and (iii) notify the Lender of the rebate analyst selected;
(e) Records Retention. That it will retain records relating to the use of proceeds
of the Loans and the use of the tax-exempt Financed Facility for a period of four (4) years
after the later of (i) payment in full of the Loans, or (ii) payment in full of any refunding
bonds or loans subsequently issued to refund the Loans; and
(f) Maintenance of Existence. That it will maintain its legal existence and
domicile in the United States and shall be qualified to conduct business in the State of
Colorado; provided, however, that the Borrower may consolidate with or merge into
another entity or permit one or more entities to consolidate with or merge into it, provided
that (i) any surviving, resulting or transferee entity shall be qualified to conduct business
in the State and shall assume in writing or by operation of law all of the obligations of the
Borrower under this Financing Agreement, (ii) the Lender consents to such merger or
consolidation, and (iii) the Borrower shall provide a written opinion of Special Counsel
addressed to the Lender and the Authority that any transaction described in this paragraph
will not adversely affect the tax-exempt status of the Authority’s Loan and an opinion of
counsel to the Borrower addressed to the Lender and the Authority that the merger
complies with all applicable law.
(g) Notice of Default. Immediately after the occurrence of any event that
constitutes an Event of Default hereunder or which event would, with the giving of notice
or passage of time or both, constitute an Event of Default (an “Unmatured Default”), the
Borrower shall notify the Lender and the Authority in writing of such occurrence, which
notice shall include a detailed statement by an Authorized Borrower Representative of the
steps being taken by the Borrower to cure the effect of such Event of Default.
Section 6.8 Incurrence of Indebtedness. The Borrower covenants and agrees not to
incur any Additional Indebtedness without the prior consent of the Lender, which consent shall
not be unreasonably withheld, provided, however, that the Borrower may incur indebtedness
owing to the Lender in any amount(s).
ATTACHMENT B-Financing Agreement
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Section 6.9 Operating Accounts. For so long as the Authority’s Loan, or any portion
thereof, remains outstanding, the Borrower shall maintain all operating and depository accounts
with the Lender.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default. The following shall be “Events of Default” under this
Financing Agreement and the term “Event of Default” or “default” shall mean, whenever used in
this Financing Agreement, any one or more of the following:
(a) Failure to make any Loan Payment pursuant to the Project Note on the date
when due within ten (10) days after Borrower’s receipt of written notice of nonpayment
from Lender or the Authority notifying Borrower that Lender did not receive a Loan
Payment within ten (10) days after the due date of such Loan Payment.
(b) (i) violation of Section 5.5 or (ii) the occurrence of Additional Indebtedness
in violation of Section 6.8 that the Borrower does not repay in full and discharge within
thirty (30) days after written notice given to the Borrower by the Lender, specifying such
failure and requesting that such failure be remedied.
(c) Failure by the Borrower to pay Administration Expenses or to observe and
perform in any material respect any other covenant, condition or agreement on its part to
be observed or performed hereunder or under any other Borrower Documents, other than
those under subsections (a) and (b) of this Section, for a period of thirty (30) days after
written notice given to the Borrower by the Authority or the Lender, specifying such failure
and requesting that such failure be remedied (which written notice shall be deemed to have
been given whenever the Lender or the Authority delivers to Borrower a bill for
Administration Expenses under Section 4.2), unless the Lender shall agree in writing to an
extension of such period prior to its expiration; provided, however, that if the Borrower has
timely commenced and is continuously proceeding with due diligence to cure the default,
such period shall be extended to such reasonable period not to exceed ninety (90) days as
is required to permit the Borrower’s curing such default.
(d) The entry of a decree or order for relief in respect of the Borrower in an
involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any
other applicable federal or state bankruptcy, insolvency or other similar law, or appointing
a receiver, liquidator, assignee, custodian, trustee, sequestrator (or other similar official) of
the Borrower or for any substantial part of the property of the Borrower or ordering the
dissolution or liquidation of the affairs of the Borrower and the continuance of any such
decree or order unstayed and in effect for a period of sixty (60) consecutive days.
(e) The commencement by the Borrower of a voluntary case under the federal
bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state
bankruptcy, insolvency or other similar law, or the consent by the Borrower to the
appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian,
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ACTIVE 64935398v3
sequestrator (or other similar official) of the Borrower or for any substantial part of the
property of the Borrower, or the making by the Borrower of any assignment for the benefit
of creditors, or the failure of the Borrower generally to pay its debts as such debts become
due, or the taking of action by the Borrower in furtherance of any of the foregoing.
(f) The Borrower shall fail to comply with any of the non-monetary covenants,
agreements or obligations in this Financing Agreement or any of the Borrower Documents,
and such failure shall continue to occur for thirty (30) days following notice thereof by the
Lender to the Borrower.
(g) An uncured default or event of default under any of the provisions of the
Loan Documents.
(h) Any representation or warranty made by the Borrower herein or in any other
Borrower Documents was untrue in any material respect when made, and, upon the
knowledge thereof by an Authorized Authority Representative or an Authorized Lender
Representative, the Authority or the Lender, as the case may be, provides notice to the
Borrower and, if such representation and warranty is capable of being corrected, and
Borrower fails to correct such representation or warranty to the reasonable satisfaction of
the Authorized Authority Representative or an Authorized Lender Representative, as the
case may be, within thirty (30) days after Borrower’s receipt of such notice.
(i) Failure by the Borrower to pay Lender the Taxable Make-Whole Amount
within sixty (60) days of receipt of written notice from Lender to the Borrower and the
Authority of the occurrence of a Determination of Taxability, and the amount of the
Taxable Make-Whole Amount which is due and owing to the Lender.
The provisions of subsection (c) of this Section are subject to the following limitations: if
by reason of “force majeure” the Borrower is unable to carry out any performance obligation herein
contained that is subject to subsection (c), other than the obligations on the part of the Borrower
contained in Article 5 (other than Section 5.1) and in Sections 3.7 and 6.4 hereof, the Borrower
shall not be deemed in default during the continuance of such inability and the Borrower shall have
a reasonable time after cessation of the “force majeure” in which to carry out such agreements.
The term “force majeure” as used herein shall mean the following: acts of God including, without
limitation, winds, fires, epidemics, landslides, floods, lightning, earthquakes, hurricanes,
tornadoes, storms, washouts, droughts; strikes, lockouts or other industrial disturbances;
insurrections; terrorist attacks; riots; arrests; restraint of government and people; civil disturbances;
explosions; breakage or accident to machinery, transmission pipes or canals; partial or entire
failure of utilities; or any other cause or event not reasonably within the control of the Borrower.
The Borrower agrees, however, to remedy to the best of its ability, with all reasonable dispatch,
the cause or causes preventing it from carrying out its agreements; provided, that the settlement of
strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the
Borrower, and the Borrower shall not be required to settle strikes, lockouts or other industrial
disturbances by acceding to demands of the opposing party or parties when such course is in the
judgment of the Borrower unfavorable.
ATTACHMENT B-Financing Agreement
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Section 7.2 Remedies on Default. Whenever any Event of Default shall have happened
and is continuing, the Authority and the Lender shall have the following rights and remedies:
(a) The Lender may by written notice to the Borrower and the Authority,
declare an amount equal to the principal amount of the Authority’s Loan and the
Borrower’s Loan hereunder, as evidenced by the Project Note, then unpaid, together with
an amount equal to the interest accrued thereon, to be immediately due and payable and
such amount shall become immediately due and payable on the date specified; provided,
however, an Event of Default described in Section 7.1(d) and (e) will result in an automatic
acceleration of the Borrower’s Loan.
(b) The Lender or the Authority may enforce the provisions of this Financing
Agreement and Lender may exercise any and all of its rights under the Deed of Trust and
Leasehold Deed of Trust and other Loan Documents by appropriate legal proceedings for
specific performance or for the enforcement of any other appropriate legal or equitable
remedy, and/or for damages caused by any breach by the Borrower of the provisions of
this Financing Agreement or the Leasehold Deed of Trust, including court costs, reasonable
fees of counsel, and other costs and expenses incurred in enforcing the obligations of the
Borrower hereunder.
(c) The Lender may charge a default rate of interest on the Authority’s Loan
and the Project Note equal to the Default Rate and may charge the late fees upon a late
payment.
(d) The Lender may set off and apply, directly or through any of its affiliates,
custodians, or participants, any and all deposits and other assets and properties at any time
held in the possession, custody or control of the Lender or any of its affiliates, custodians
or participants, and any indebtedness or other amount or obligation at any time owing by
the Lender or any of its affiliates or participants, to or for the credit, account or benefit of
the Borrower, against any and all of the obligations now or hereafter existing under this
Financing Agreement or any of the other Borrower Documents.
Section 7.3 Remedies Cumulative. The rights and remedies of the Lender and of the
Authority provided herein shall be cumulative and shall not exclude any other available rights and
remedies. No failure of the Lender or the Authority to insist upon strict performance of any
obligation hereunder or to exercise any remedy for any violation thereof shall be taken as a future
waiver of the right to insist upon strict performance of the same or any other obligation or to
exercise any remedy.
Section 7.4 Waiver and Cure of Default. The Borrower shall, as to a particular Event
of Default, not be deemed to be in default under this Financing Agreement after the underlying
event, occurrence, or failure, as the case may be, giving rise to the Event of Default has been cured
and corrected in full, to the reasonable satisfaction of the Lender, and the Borrower is then
otherwise in full compliance with the terms, conditions and other provisions of this Financing
Agreement and the other Borrower Documents; provided, however, that any Event of Default
under Section 7.1(a), in addition to being cured and corrected by the Borrower, must be waived in
writing by the Lender. Notwithstanding the preceding sentence, if the Lender accepts payment in
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full of the past due amount after the occurrence of an Event of Default under Section 7.1(a), the
Lender shall be deemed to have waived the default without the necessity of the Lender waiving
such default in writing. Except as provided in the preceding sentence, the acceptance by the Lender
of (a) any partial or late payment will not constitute a satisfaction or waiver of the full amount then
due or the resulting Event of Default, or (b) any payment during the continuance of an Event of
Default will not constitute a waiver thereof; and the Lender may accept or reject any such payment
without affecting any of its rights, powers, privileges, remedies and other interests under this
Financing Agreement or the other Borrower Documents, or applicable law. Any Event of Default
may be waived in writing (no course of action will be deemed a waiver of any Event of Default)
at any time by the Authority and the Lender; provided, however, that the Lender may itself, without
the Authority’s consent, waive any Event of Default described in Section 7.1(b). If any agreement
contained in this Financing Agreement should be breached by a party and thereafter waived by the
other parties, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any future, further or other breach hereunder.
Section 7.5 Application of Moneys. All moneys realized through exercising the
remedies provided in Section 7.2 hereof shall be paid in accordance with the following: FIRST to
the Lender and used to pay any Administration Expenses or other fees or costs due or payable
under the Loan Documents, including those incurred in the exercise of remedies; SECOND, to the
principal of interest and other sums on the Authority’s Loan and the Project Note then due, with
any remaining balance being paid to the Borrower; THIRD, to the payment of fees, costs and
expenses of the Authority and the Authority Indemnified Persons and any other payments due
them in respect of the Unassigned Rights (including, without limitation, indemnification
payments); provided, that payment of amounts due to Authority or the Authority Indemnified
Persons under this Section shall not absolve the Borrower from liability therefor except to the
extent of the amounts received from the Lender under this Section 7.5 [TO BE DISCUSSED]; and
if the available moneys are insufficient to make such payments in full, they shall be applied by the
Lender first to the payment of installments of interest and other sums then due on the Authority’s
Loan and the Project Note, second to the unpaid principal of the Authority’s Loan and the Project
Note which shall then be due (whether by acceleration or otherwise), and third to the
Administration Expenses, including those incurred in the exercise of remedies.
Section 7.6 Failure of the Lender to Perform Obligations; Restrictions on Transfer
of Authority’s Loan. If the Lender shall fail to observe or perform any covenant, condition,
agreement, or provision contained in this Financing Agreement, the Borrower or the Authority
may take whatever legal proceedings may be required to compel full performance by the Lender
of its obligations hereunder.
The Lender shall not transfer or sell its interest in the Authority’s Loan unless (a) such
sale or transfer is consented to in writing by the Borrower which consent shall not be unreasonably
withheld, (b) the Lender sells or transfers its entire interest in the Authority’s Loan, and (c) the
purchaser or transferee of the Authority’s Loan be either (i) a “Qualified Institutional Buyer” (as
defined in Rule 144A under the Securities Act of 1933, as amended); (ii) a Sophisticated Municipal
Market Professionals, as generally defined under MSRB Rule D-15; or (iii) an “accredited
investor” (as defined in Rule 501 of Regulation D under the Securities Act of 1933, as amended)
that, in any case, shall have delivered to the Authority an executed Investment Letter in
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substantially the form set forth on Exhibit B hereto. Any such transfer or sale shall also comply
with applicable provisions of federal and state securities laws.
Section 7.7 Agreement to Pay Attorneys’ Fees and Expenses. If the Borrower should
default under any of the provisions of this Financing Agreement or the Borrower Documents and
the Authority or the Lender should employ attorneys or incur other expenses for the collection of
amounts payable hereunder or the enforcement of performance or observance of any obligation or
agreement on the part of the Borrower contained in the Financing Agreement and the Borrower
Documents, including the exercise of remedies under the Leasehold Deed of Trust, and other
collateral pledged by the Borrower hereunder, the Borrower agrees that it will on demand therefor
pay to the Authority or the Lender, as the case may be, the reasonable fee of such attorneys and
such other reasonable expenses incurred by the Authority or the Lender. The foregoing agreement
shall remain in full force and effect notwithstanding the full payment of all obligations under this
Financing Agreement or the termination of this Financing Agreement for any reason.
Section 7.8 Rights of Town Upon Default. Notwithstanding the foregoing, upon the
occurrence of an Event of Default, the Lender shall provide notice to the Town in accordance with
the Subordination Agreement between the Lender, Town, and Borrower and Authority executed
of even date herewith (“Subordination Agreement”). Amounts advanced by the Town as a result
of the exercise of any option to cure in the Subordination Agreement and reasonable, direct
expenses of the Town advanced to cure non-monetary defaults hereunder shall be deemed to be
indebtedness of the Borrower to the Town, subordinate to the Authority’s Loan, Borrower’s Loan
and the Project Note. Such subordinated indebtedness shall be unsecured and, so long as any
amount of the Authority’s Loan, the Borrower’s Loan or the Project Note remain outstanding, the
Town shall not initiate any legal action for unpaid amounts on such indebtedness without written
consent of the Lender. Nothing herein or the Subordination Agreement shall be construed to create
any obligation of the Town to cure any Event of Default.
Section 7.9 Lender’s Right to Accelerate the Loans. In the event that the Authority
does not exercise its option to transfer the Financed Facility to the Borrower pursuant to the Lease,
or the Borrower fails to accept title to the Financed Facility upon the Authority’s exercise of such
option, the Lender may, with 30 days prior written notice to the Borrower and the Authority,
terminate any outstanding Advances under the Project Loan Agreement and declare the Project
Note and Loans, with accrued interest, immediately due and payable without presentment,
demand, protest or other notice of any kind all of which are expressly waived by the Authority and
Borrower. Lender may also exercise all rights and remedies available to it in law or in equity,
under this Financing Agreement and any of the other Loan Documents, or otherwise.
Section 7.10 No Impairment of Unassigned Rights. Nothing herein shall be deemed
or construed to limit, impair or affect in any way the Authority’s (or any Authority Indemnified
Person’s) right to enforce the Unassigned Rights, regardless of whether there is then existing an
Event of Default (including, without limitation, a payment default), or any action based thereon or
occasioned by an Event of Default or alleged Event of Default, and regardless of any waiver or
forbearance granted by the Lender in respect thereof. Any default or Event of Default in respect
of the Unassigned Rights may only be waived with the Authority’s written consent.
ATTACHMENT B-Financing Agreement
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Section 7.11 No Obligation to Enforce Assigned Rights. Notwithstanding anything to
the contrary in this Financing Agreement or any other Authority Document, the Authority shall
have no obligation to and instead the Lender, in accordance herewith, shall have the right, without
any direction from or action by the Authority, to take any and all steps, actions and proceedings,
to enforce any or all rights of the Authority under this Financing Agreement (other than the
Unassigned Rights), including, without limitation, the rights to enforce the remedies upon the
occurrence and continuation of an Event of Default and the obligations of the Borrower hereunder.
ARTICLE 8
MISCELLANEOUS
Section 8.1 Term of This Financing Agreement. This Financing Agreement shall
remain in full force and effect until the Authority’s Loan and the Project Note have been paid in
full and all the other rights and obligations of the parties hereunder have been satisfied. All
representations, covenants, and certifications by the Borrower as to all matters affecting the tax-
exempt status of the Authority’s Loan and the agreements regarding all payments upon a
Determination of Taxability shall survive the termination of this Financing Agreement for any
reason. In addition, all obligations of the Borrower under Sections 6.4 and 7.7 shall survive
termination of this Financing Agreement for any reason and any foreclosure (or sale in lieu thereof)
under the Leasehold Deed of Trust and the Deed of Trust.
Section 8.2 Notices. Any notice or other communication required or permitted
hereunder shall be given in writing by delivering same in person to the intended addressee, or by
United States Mail, postage prepaid, registered or certified mail, return receipt requested, or by
nationally-recognized overnight delivery service, sent to the intended addressee at the addresses
as follows:
if to the Authority: Public Finance Authority
22 E. Mifflin Street, Suite 900
Madison, WI 53703
Attention: Scott Carper and Michael LaPierre
or via email at: scarper@pfauthority.org
mlapierre@pfauthority.org
if to the Borrower: EagleBend Dowd Affordable Housing Corporation
28 Second Street, Suite 215
Edwards, CO 81632
Attention: Gerry Flynn and Tracy Walters
or via email at: psp.co@polarstarproperties.com,
gflynn@polarstarproperties.com, and
twalters@polarstarproperties.com
with a copy to: Greenberg Traurig, LLP
1144 15th Street, Suite 3300
Denver, CO 80202
ATTACHMENT B-Financing Agreement
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ACTIVE 64935398v3
Attention: Michael R. McGinnis
or via email at: mcginnism@gtlaw.com
if to the Lender: FirstBank
12345 West Colfax Avenue
Lakewood, CO 80215
Attention: Presley Ilieva
or via email at: Presley.Ilieva@efirstbank.com
with a copy to: Lewis Roca Rothgerber Christie LLP
1601 19th Street, Suite 1000
Denver, CO 80202
Attention: Lindsay McKae
or via email at: lmckae@lewisroca.com
A duplicate copy of each notice, certificate, request or other communication given hereunder to
the Authority, the Borrower or the Lender shall also be given to the others. The Authority, the
Borrower and the Lender may, by ten (10) days advance notice given hereunder, designate any
further or different addresses to which subsequent notices, certificates, requests or other
communications shall be sent. Notice shall be deemed received on the date the notice is
(a) delivered in person to said addressee, (b) the first business day after deposit with a nationally-
recognized overnight delivery service, or (c) three (3) business days after deposit in the United
States mail, registered or certified mail. Notwithstanding the foregoing, invoices, periodic
statements and reports, compliance certificates, and other informal correspondence may be
forwarded by electronic mail and other means as the Authority or the Lender may permit from
time to time.
Section 8.3 Assignment by the Borrower
This Financing Agreement may be assigned by the Borrower only in full and only with the
prior written consent of the Lender (which consent may be withheld in its sole and complete
discretion) and the Authority and the fulfillment of each of the following conditions:
(a) no assignment shall relieve the Borrower from primary liability for any of
its obligations hereunder and in the event of any such assignment the Borrower shall
continue to remain primarily liable for payment of the Project Note and other payments
required to be made hereunder and for performance and observance of the other covenants
and agreements on its part herein provided;
(b) the Lender and the Authority receive an opinion of Special Counsel in form
and substance satisfactory to the Lender and the Authority that under the existing law the
assignment would not adversely affect the excludability from gross income for federal
income tax purposes of interest payable on the Authority’s Loan;
(c) the assignee shall assume in writing the obligations of the Borrower
hereunder; and
ATTACHMENT B-Financing Agreement
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(d) the Borrower shall, within thirty (30) days after the delivery thereof, furnish
or cause to be furnished to the Authority and the Lender a true and complete copy of each
such assumption of obligations and assignment.
Section 8.4 Assignment and Pledge by Authority. The Authority assigns without
recourse its interests in the Project Note, the Borrower Loan and the rights of the Authority under
this Financing Agreement, except the Unassigned Rights, and hereby agrees to deliver any Loan
Payments or other monies received pursuant to the Project Note or otherwise under this Financing
Agreement to the Lender for payment of the principal and interest on the Project Note. The
Borrower consents to such assignment and agrees to deliver any and all Loan Payments to the
Lender as assignee and payee of the Project Note; provided, however, that amounts due to the
Authority or any Authority Indemnified Person in respect of the Unassigned Rights shall be paid
directly to the Authority or Authority Indemnified Person(s) entitled thereto and shall not be
delivered to Lender. The assignment and the obligation to perform the contractual provisions
hereby made shall have priority over any or all other obligations and liabilities of the Authority
with regard to the Project Note and the Borrower Loan so assigned, except the Unassigned Rights.
Section 8.5 Binding Effect. This Financing Agreement shall inure to the benefit of and
shall be binding upon the Authority, the Borrower and the Lender and their respective permitted
successors and assigns.
Section 8.6 Severability. If any section or provision of this Financing Agreement, or
any covenant, stipulation, obligation, agreement, act or action, or part thereof made, assumed,
entered into or taken thereunder or any application thereof, is for any reason held to be illegal or
invalid, such illegality or invalidity shall not affect the remainder thereof or any other section or
provision thereof or any other covenant, stipulation, obligation, agreement, act or action or part
thereof, made, assumed, entered into or taken thereunder, which shall be construed and enforced
as if such illegal or invalid portion were not contained therein, nor shall such illegality or invalidity
of any application thereof affect any legal and valid application thereof, and each such section,
provision, covenant, stipulation, obligation, agreement, act or action, or part thereof shall be
deemed to be effective, operative, made, entered into or taken in the manner and to the full extent
permitted by law.
Section 8.7 No Amendments, Changes and Modifications without Unanimous
Consent. No amendment, change or modification of this Financing Agreement is permitted
without the express written consent of the Authority, the Lender, and the Borrower.
Section 8.8 Execution in Counterparts. This Financing Agreement may be executed
in several counterparts, each of which shall be an original but all of which shall constitute but one
and the same agreement.
Section 8.9 Governing Law, Jurisdiction and Venue.
(a) Except as and to the extent provided in subsection (b), this Financing
Agreement and all disputes, claims, defenses, controversies or causes of action (whether in
contract or tort) that may be based upon, arise out of or relate hereto, including as to any
representation or warranty made by the Borrower in or in connection with this Financing
ATTACHMENT B-Financing Agreement
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Agreement or as an inducement to enter into this Financing Agreement, shall be governed
by the internal laws of the State of Colorado, without regard to any conflicts of laws
principles.
(b) Notwithstanding subsection (a), any disputes, claims, defenses,
controversies or causes of action based upon, arising out of or relating to the following
enumerated matters shall be governed by the laws of the State of Wisconsin, excluding
conflicts of law principles: (i) the Authority’s organization, existence, statutory and
corporate powers, and legal and contractual capacity; (ii) the Authority’s right to the
payment of its fees, costs and expenses, including, but not limited to, attorneys’ fees, costs
of investigation, and the expenses of other professionals retained by the Authority and the
reasonableness of such fees, costs, and expenses; (iii) the Authority’s and the Authority
Indemnified Persons’ rights to indemnification from the Borrower (and the Borrower’s
corresponding obligation to provide such indemnification); (iv) the Borrower’s release of
the Authority and the Authority Indemnified Persons from liability; (v) exculpation of the
Authority and the Authority Indemnified Persons from pecuniary liability; and (vi) the
Authority’s governmental rights, privileges and immunities. For avoidance of doubt, this
subsection (b) does not apply to any claim against Borrower, by Lender or the Authority
or both, for the payment of principal, interest, prepayment premium (if any) or any fees
(including attorney’s fees), costs, expenses, or penalties with respect to the Project Loan
and the Project Note, or any claim by Lender against the Borrower for the payment or
reimbursement of any fees, costs, expenses, penalties, or indemnity under this Financing
Agreement or the Deed of Trust or exercise of rights by Lender against any collateral
securing this Financing Agreement, the Project Loan or the Project Note.
(c) All claims of whatever character arising out of this Financing Agreement
shall be brought in any state or federal court of competent jurisdiction located in Eagle
County, Colorado; provided, that to the extent that a dispute, claim, controversy or cause
of action enumerated in subsection (b) can be separated, from other disputes under this
Financing Agreement (“Separate Dispute”), such Separate Dispute shall be adjudicated by
a state or federal court of competent jurisdiction located in Dane County, Wisconsin. By
executing and delivering this Financing Agreement, each party hereto irrevocably:
(i) accepts generally and unconditionally the exclusive jurisdiction and venue of such
courts; (ii) waives any defense of forum non conveniens; and (iii) agrees not to seek
removal of such proceedings to any court or forum other than as specified above. The
foregoing shall not be deemed or construed to constitute a waiver by the Authority of any
prior notice or procedural requirements applicable to actions or claims against or involving
joint powers commissions or governmental units of the State that may exist at the time of
and in connection with such matter.
Section 8.10 Captions. The captions or headings in this Financing Agreement are for
convenience only and no way define, limit or describe the scope or intent of any provisions or
sections of this Financing Agreement.
Section 8.11 No Pecuniary Liability of the Authority; Authority’s Performance. The
Authority shall not be obligated to pay the principal of, premium, if any, or interest on the Loans
or any costs incidental thereto, except from the amount paid by the Borrower. Neither the faith
ATTACHMENT B-Financing Agreement
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ACTIVE 64935398v3
and credit nor the taxing power of any Member, the State or any political subdivision or agency
thereof or any political subdivision approving the incurrence of the Loans, nor the faith and credit
of any Sponsor or the Authority, is pledged to the payment of the principal of, premium, if any, or
interest on the Loans or any costs incidental thereto. The Authority has no taxing power. The
Authority shall not be directly indirectly, contingently or otherwise liable for any costs, expenses,
losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or
by reason of or in connection with this Financing Agreement, except only to the extent amounts
are received for the payment thereof from the Borrower under this Financing Agreement, and
except as may result solely from the Authority’s own willful misconduct.
THE BORROWER HEREBY ACKNOWLEDGES THE AUTHORITY’S SOLE
SOURCE OF MONEYS TO REPAY THE BONDS IS THE LOAN AND HEREBY AGREES
THAT IF THE PAYMENTS TO BE MADE UNDER THIS FINANCING AGREEMENT
SHALL EVER PROVE INSUFFICIENT TO PAY ALL PRINCIPAL, PREMIUM, IF ANY, AND
INTEREST ON THE LOANS AS THE SAME SHALL BECOME DUE (WHETHER BY
MATURITY, REDEMPTION, ACCELERATION OR OTHERWISE) OR ANY COSTS
INCIDENTAL THERETO, THEN UPON NOTICE OR DEMAND FROM THE LENDER, THE
BORROWER SHALL PAY SUCH AMOUNTS AS ARE REQUIRED FROM TIME TO TIME
TO PREVENT ANY DEFICIENCY OR DEFAULT IN THE PAYMENT OF SUCH
PRINCIPAL, PREMIUM, IF ANY, OR INTEREST WHEN DUE, INCLUDING, BUT NOT
LIMITED TO, ANY DEFICIENCY CAUSED BY ACTS, OMISSIONS, NONFEASANCE OR
MALFEASANCE ON THE PART OF THE LENDER, THE AUTHORITY, THE BORROWER
OR ANY THIRD PARTY, SUBJECT TO ANY RIGHT OF REIMBURSEMENT FROM THE
LENDER, THE AUTHORITY OR ANY SUCH THIRD PARTY, AS THE CASE MAY BE,
THEREFOR.
None of the provisions of this Financing Agreement shall require the Authority to expend
or risk its own funds or otherwise to incur financial liability in the performance of any of its duties
or in the exercise of any of its rights or powers hereunder, unless the Authority shall first have
been adequately indemnified to its satisfaction against the cost, expense, and liability which may
be incurred thereby. The Authority shall not be under any obligation hereunder to perform any
administrative service with respect to the Loans or the Project (including, without limitation,
record keeping and legal services), it being understood that such services shall be performed or
provided by the Borrower. The Authority covenants that it will faithfully perform at all times any
and all covenants, undertakings, stipulations, and provisions expressly contained in this Financing
Agreement and the Authority Documents; provided, however, that the Authority shall not be
obligated to take any action or execute any instrument pursuant to any provision hereof unless and
until it shall have (i) been requested to do so in writing by the Borrower or the Lender; (ii) received
from the party requesting such action or execution assurance satisfactory to the Authority that the
Authority’s reasonable expenses incurred or to be incurred in connection with taking such action
or executing such instrument have been or will be paid or reimbursed to the Authority; and (iii) if
applicable, received in a timely manner the instrument or document to be executed, in form and
substance satisfactory to the Authority. In complying with any provision herein requiring the
Authority to “cause” another Person to take or omit any action, the Authority shall be entitled to
rely conclusively (and without independent investigation or verification) (i) on the faithful
performance by the Borrower, of its obligations hereunder and (ii) upon written certification or
opinion furnished to the Authority by the Borrower. In acting, or in refraining from acting under
ATTACHMENT B-Financing Agreement
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ACTIVE 64935398v3
this Financing Agreement, the Authority may conclusively rely on the advice of its counsel. The
Authority shall not be required to take any action hereunder that it reasonably believes to be
unlawful or in contravention hereof.
Section 8.12 No Violations of Law. Any other term or provision in this Financing
Agreement to the contrary notwithstanding (a) in no event shall this Financing Agreement be
construed as (i) depriving the Authority of any right or privilege, or (ii) requiring the Authority or
any director, officer, agent, employee, representative, or advisor of the Authority to take or omit
to take, or to permit or suffer the taking of, any action by itself or by anyone else, which deprivation
or requirement would violate, or result in the Authority’s being in violation of the Act or any other
applicable state or federal law; and (b) at no time and in no event will the Borrower permit, suffer
or allow any of the proceeds of the Loans to be transferred to any person in violation of, or to be
used in any manner which is prohibited by, the Act or any other state or federal law.
Section 8.13 Payments due on Holidays. If the date for making any payment or the last
date for performance of any act or the exercising of any right, as provided in this Financing
Agreement, shall be a legal holiday or a day on which state or national banking institutions in the
city in which the principal office of the Lender is located are authorized by law to remain closed,
such payment may be made or act performed or right exercised on the next succeeding day not a
legal holiday or a day on which such banking institutions are not authorized by law to remain
closed with the same force and effect as if done on the nominal date provided in this Financing
Agreement.
Section 8.14 Records of the Lender. Calculation of the interest rates and all receipts of
payments on the Project Note and the Loans may be recorded by the Lender on its books and
records, and such books and records will be conclusive as to the calculation, existence, and
amounts thereof absent manifest error.
Section 8.15 No Fiduciary Relationship, Etc.. The Borrower acknowledges and agrees
that its relationship with the Lender under this Financing Agreement is that of debtor and creditor,
respectively, and that no term or provision of this Financing Agreement or any other Borrower
Documents is intended to create, nor will any such term or provision be deemed or construed to
have created, any joint venture, partnership, trust, agency or other fiduciary relationship among
the Lender or the Borrower, or, with respect to such parties, any of their respective affiliate. The
Borrower has independently reviewed and evaluated this Financing Agreement and the other
Borrower Documents, the transactions contemplated hereunder and thereunder, and the potential
effects of such transactions on the assets and properties (including the Collateral), business,
operations and conditions (financial or otherwise) of the Borrower and its respective affiliates.
Section 8.16 Town’s Rights.
(a) The Borrower covenants and agrees that all activities of the Borrower shall
be undertaken for the benefit of the Town. Upon termination of this Financing Agreement and
payment in full of the Project Note and any and all Administration Expenses, the Town shall be
entitled to acquire title to the Financed Facility without cost.
ATTACHMENT B-Financing Agreement
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(b) In furtherance of the Project Agreement, the Town is hereby granted by the
Borrower the right to obtain, at any time prior to foreclosure of the lien of any Deed of Trust or
Leasehold Deed of Trust, fee title and exclusive possession of property (including the Financed
Facility) financed by obligations of the Borrower (including the Borrower’s Loan) free from liens
and encumbrances created by the Borrower related to the Borrower’s Loan (but subject to other
permitted encumbrances), and any additions to such property by (i) placing into escrow an amount
that will be sufficient to defease such Borrower’s Loan and the Project Note based upon a pay-off
statement letter from Lender and other obligations, and (ii) paying Administration Expenses and
other reasonable costs incident to the defeasance. The Town, at any time before it defeases such
obligations, shall not agree or otherwise be obligated to convey any interest in such property to
any person (including the United States of America or its agencies or instrumentalities) for any
period extending beyond or beginning after the Town defeases such obligations. In addition, the
Town shall not agree or otherwise be obligated to convey a fee interest in such property to any
person (or a related person) who was a user thereof before the defeasance, within 90 days after the
Town defeases such obligations.
(c) If the Town exercises its option under subsection (b) hereof, the Borrower
and the Authority shall immediately cancel all encumbrances on such property, including all leases
and management agreements (subject to permitted encumbrances as aforesaid). Any lease,
management contract, or similar encumbrance on such property will be considered immediately
cancelled if the lessee, management company, or other user vacates such property within a
reasonable period of time, not to exceed ninety (90) days, after the date the Town exercises its
rights under subsection (b) above.
(d) Upon the occurrence of an Event of Default hereunder, the Borrower shall
cause the Lender to provide notice to the Town of the Event of Default (“Default Notice”), and the
Town shall have the option to cure such Event of Default within ninety (90) days after receipt of
such Default Notice, which shall be deemed received the day after such Default Notice is delivered
by Lender via a nationally-recognized overnight delivery service, one (1) day after depositing
thereof with such overnight carrier, to the last address of the Town known to the Lender. Amounts
advanced by the Town as a result of the exercise of this option to cure such monetary defaults
hereunder and reasonable, direct expenses of the Town advanced to cure nonmonetary defaults
shall be deemed to be indebtedness of the Borrower to the Town and which indebtedness shall
bear interest at the annual rate of eight percent (8%).
(e) In addition to the foregoing, but contemporaneously therewith, if the Lender
commences any foreclosure proceeding or other action is commenced under the Deed of Trust and
Leasehold Deed of Trust which could lead to the sale or other disposition of the property pledged
thereunder, from the date of the Default Notice until such time as ninety (90) days after the Default
Notice, the Town is hereby granted an exclusive option to purchase all such property encumbered
by such Deed of Trust or Leasehold Deed of Trust (including the Financed Facility) for the amount
of the outstanding indebtedness of the Borrower relating to the Financed Facility and accrued
interest to the date of default and all fees, costs and expenses of the Lender relating to collection
and allowable pursuant to any of the Loan Documents, which amounts must be paid to the Lender
on or before 5:00 PM on the ninetieth (90th) day from the date of the Default Notice. If the Town
shall fail to pay Lender in accordance herewith, Lender shall have all rights to bid at any
foreclosure sale or otherwise cause the public trustee to complete any foreclosure and any and all
ATTACHMENT B-Financing Agreement
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ACTIVE 64935398v3
rights of the Town to purchase the Property shall automatically terminate and be of no other force
or effect. The Lender shall be required to take any action necessary, including submission of
requests for continuance of foreclosure to the Public Trustee of Eagle County, Colorado, in order
to ensure that the foreclosure sale does not occur prior to the expiration of the 90 day period
referred to herein. Other than the foregoing requirement, the provisions of this Section 8.16 are
not intended and shall not be interpreted so as to limit the Lender’s rights to pursue their remedies
hereunder and under the Leasehold Deed of Trust and Deed of Trust.
(f) In the event the Town exercises its options under subsection (b) or (e)
hereof, the Town shall receive a credit towards its defeasance or purchase costs in the amount of
any fund or account balances required to be held under this Financing Agreement with the
exception of (i) an amount representing operation and maintenance expenses required by the
Borrower’s current operating budget through the date of defeasance or purchase, and (ii) any
amount needed to pay additional interest on the Borrower’s Loan or expenses in connection with
such defeasance under this Section 8.16.
(g) Unencumbered fee title (subject to certain Permitted Encumbrances as
aforesaid) to the Financed Facility and any additions thereto and exclusive possession and use
thereof will vest in the Town without demand or further action on its part when all obligations
issued under this Financing Agreement are discharged and Lender’s receipt of payment in full of
the Project Note and any and all Administration Expenses arising thereunder. For purposes of this
subsection (g), such obligations will be discharged when (i) cash is available at the place of
payment on the date that the obligations are due (whether at maturity or upon call for redemption)
and (ii) interest ceases to accrue on the obligations. All leases, management contracts and similar
encumbrances on the Financed Facility shall terminate upon discharge of said obligations.
Encumbrances that do not significantly interfere with the enjoyment of such property, such as most
easements granted to utility companies, are not considered encumbrances for purposes of this
Section.
(h) This Section 8.16 is subject to the provisions of that certain Subordination
Agreement among the Borrower, the Town, the Authority and the Lender dated as of the date of
this Financing Agreement (“Subordination Agreement”) in all respects. Should there be any
conflicting provisions between this Section 8.16 and the Subordination Agreement, the
Subordination Agreement shall control.
Section 8.17 Survival of Provisions. The provisions of this Financing Agreement and
any other document in connection with the issuance of the Loans to which the Authority is a party
concerning (i) the interpretation of this Financing Agreement; (ii) governing law, jurisdiction and
venue; (iii) the Authority’s right to rely on written representations of others contained herein or in
any other document or instrument issued or entered into in respect of the Loans, regardless of
whether the Authority is a party thereto; (iv) the indemnification rights and exculpation from
liability of the Authority and the Authority Indemnified Persons; and (v) any other provision of
this Financing Agreement not described or enumerated above that expressly provides for its
survival, shall survive and remain in full force and effect notwithstanding the prepayment in full,
or defeasance of the Borrower’s Loan, and the termination or expiration of this Financing
Agreement.
ATTACHMENT B-Financing Agreement
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Section 8.18 Waiver of Personal Liability. No Authority Indemnified Person shall be
individually or personally liable for the payment of any principal of, premium, if any, or interest
on the Loans or any costs incidental thereto or any sum hereunder or under this Financing
Agreement or any claim based thereon, or be subject to any personal liability or accountability by
reason of the execution and delivery of this Financing Agreement.
Section 8.19 Third Party Beneficiaries. Notwithstanding any provision hereof to the
contrary, it is specifically acknowledged and agreed that, to the extent of their rights hereunder
(including, without limitation, their rights to immunity and exculpation from pecuniary liability)
each Authority Indemnified Person is a third-party beneficiary of this Financing Agreement
entitled to enforce such rights in his, her, its or their own name.
Section 8.20 Authority’s Certificates. Notwithstanding any provision hereof to the
contrary, whenever any certificate or opinion is required by the terms of this Financing Agreement
to be given by the Authority on its own behalf, any such certificate or opinion may be made or
given by an Authorized Authority Representative (and in no event individually) and may be based
(i) insofar as it relates to factual matters, upon a certificate of or representation by the Lender or
the Borrower; and (ii) insofar as it relates to legal or accounting matters, upon a certificate or
opinion of or representation by counsel or an accountant, in each case under clause (i) or (ii)
without further investigation or inquiry by such Authorized Authority Representative or otherwise
on behalf of the Authority.
Section 8.21 Waiver of Jury Trial.
THE PARTIES EACH WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN
RESOLVING ANY DISPUTE, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
BETWEEN ANY OF THEM AND ARISING OUT OF, CONNECTED WITH, RELATED TO
OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN
CONNECTION WITH THIS FINANCING AGREEMENT, ANY OTHER LOAN
DOCUMENTS, OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT
EXECUTED OR DELIVERED IN CONNECTION WITH THIS FINANCING AGREEMENT
OR THE TRANSACTIONS RELATED TO THIS FINANCING AGREEMENT. THE PARTIES
EACH HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND,
ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A
JURY AND THAT ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY
OF THIS FINANCING AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF
THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO
TRIAL BY JURY.
[Signature Page Follows]
ATTACHMENT B-Financing Agreement
Signature Page to Financing Agreement
ACTIVE 64935398v3
IN WITNESS WHEREOF, the Authority, the Lender and the Borrower have caused this
Financing Agreement to be executed in their respective corporate names and have caused their
respective corporate seals, if any, to be hereunto affixed and attested by their duly authorized
officers, as of the date first written above.
PUBLIC FINANCE AUTHORITY
By:
Name:
Title: Assistant Secretary
ATTEST:
FIRSTBANK
a Colorado state banking corporation,
By:
Name:
Title: Assistant Secretary
EAGLEBEND DOWD AFFORDABLE
HOUSING CORPORATION,
a Colorado nonprofit corporation
By:
Name: Gerald E. Flynn
Title: President
ATTACHMENT B-Financing Agreement
A-1
ACTIVE 64935398v3
EXHIBIT A
MORTGAGED PROPERTY
[LEGAL DESCRIPTION TO BE ADDED]
ATTACHMENT B-Financing Agreement
B-1
ACTIVE 64935398v3
EXHIBIT B
FORM OF INVESTMENT LETTER
Public Finance Authority
22 E. Mifflin Street, Suite 900
Madison, WI 53703
Greenberg Traurig, LLP
1144 15th Street, Suite 3300
Denver, CO 80202
$13,000,000
Public Finance Authority
Financing Agreement Revenue Loan Obligation
(EagleBend Dowd Kayak Crossing Affordable Housing Project)
Series 2022
Ladies and Gentlemen:
Reference is made to the Financing Agreement dated June __, 2022 (the “Financing
Agreement”), by and among the Public Finance Authority (the “Authority”), EagleBend Dowd
Affordable Housing Corporation (the “Borrower”) and FirstBank (the “Lender”). Capitalized
terms defined in the Financing Agreement but not defined herein shall have the same meanings
given to them in the Financing Agreement unless the context shall clearly otherwise require.
In connection with the Lender’s making of a loan to the Authority under the Financing
Agreement on the date hereof (the “Authority’s Loan”), the undersigned does hereby certify as
follows:
(1) Lender is (a) a “Qualified Institutional Buyer” (as defined in Rule 144A under the
Securities Act of 1933, as amended), or (b) a Sophisticated Municipal Market Professionals, as
generally defined under MSRB Rule D-15, or (c) an “accredited investor” within the meaning of
Rule 501 of Regulation D promulgated under the Securities Act of 1933, as amended (the
“Securities Act”). The undersigned is making the Authority’s Loan for its own account and does
not presently intend to sell or otherwise convey the Authority’s Loan or any interest therein, in
whole or in part.
(2) Lender acknowledges that the Financing Agreement has not been and will not be
registered under the Securities Act and that any future offer, resale, pledge or other transfer of the
Financing Agreement or the Authority’s Loan represented by the Financing Agreement will be
subject to the transfer restrictions set forth in the Financing Agreement.
(3) Lender acknowledges that (a) the Financing Agreement and the Authority’s Loan
thereunder constitute a special, limited obligation of the Authority, payable solely from payments
made by the Borrower pursuant to the Financing Agreement and security pledged by the Borrower
thereunder, (b) the Authority’s Loan shall not constitute a debt or indebtedness or direct or indirect
financial obligation whatsoever of the Authority within the meaning of any constitutional or
ATTACHMENT B-Financing Agreement
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statutory limitation or restriction, and (c) the Authority’s Loan does not constitute a debt or liability
of or charge against the general credit or taxing power of the State of Wisconsin, its legislature or
any counties, municipalities, political subdivisions or agencies thereof. The undersigned
acknowledges that neither the Authority, any Authority Indemnified Person, nor any of their board
members, officers or employees take any responsibility for, and the undersigned is not relying
upon any of such parties, with respect to information provided to the undersigned relating to the
Borrower.
(4) Lender has made its own inquiry and analysis with respect to the Authority’s Loan
and the security therefor (including, without limitation, a credit evaluation of the Borrower and
any guarantors, obligors or lessees of the Project, to the extent Investor deemed it necessary or
appropriate), and other material factors affecting the security and payment of the Authority’s Loan.
Lender is aware that the business of the Borrower involves certain economic variables and risks
that could adversely affect the security for the Authority’s Loan acknowledges that it has either
been supplied with or been given access to information, including financial statements and other
financial information, to which a reasonable investor would attach significance in making
investment decisions, and that it has had the opportunity to ask questions of, and request and review
additional information from, the Borrower regarding all matters that the undersigned considered
to be relevant to the undersigned’s decision to make the Authority’s Loan. Lender acknowledges
that neither the Authority nor any Authority Indemnified Person takes any responsibility for, and
Authority’s Loan is not relying upon any of such parties, with respect to information provided to
the undersigned relating to the Borrower or the Project, or the Authority’s Loan or the security
therefor.
(5) The Lender agrees to indemnify and hold harmless each Authority Indemnified
Person (as defined in the Financing Agreement) with respect to any claim asserted against any
such Authority Indemnified Person that is based solely upon Lender’s breach of any
representation, warranty or agreement made by it in this Investor Letter, other than any claim that
is based upon the willful misconduct of the Authority Indemnified Person seeking indemnification.
(6) The Lender has done all things necessary to make the Authority’s Loan and can
bear the economic risk associated with the making of the Authority’s Loan and has such knowledge
and experience in business and financial matters so as to be capable of evaluating the merits and
risks of making the Authority’s Loan.
This letter and the statements contained herein are made for your benefit.
FIRSTBANK
By:
Name:
Title:
Dated: ___________, 2022
ATTACHMENT B-Financing Agreement
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EXHIBIT C
FORM OF NOTE FROM THE BORROWER TO THE AUTHORITY
WITH ASSIGNMENTS FROM THE AUTHORITY TO THE LENDER
ATTACHMENT B-Financing Agreement
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PROMISSORY NOTE
THIS PROJECT PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE
SECURITIES ACT OF 1933, AS AMENDED
Principal Amount Date of Note Maturity Date Interest Rate
$13,000,000 June __, 2022 June __, 2032 4.14%
EagleBend Dowd Affordable Housing Corporation (the “Borrower”), a Colorado nonprofit
corporation, for value received, promises to pay to the Public Finance Authority (the “Authority”)
the principal sum not to exceed:
THIRTEEN MILLION DOLLARS ($13,000,000)
or so much as may have been advanced pursuant to the Project Loan Agreement with interest
thereon on the outstanding principal amount, at a rate of interest equal to 4.14% (the “Interest
Rate”). Interest will accrue using an actual/360 accounting method. Interest on the principal
drawn on the Loans shall be due and payable monthly on the [_____ (__)] day of each month
commencing [July __, 2022]. Principal and interest shall be due and payable on the [_____ (__)]
day of each month commencing [July __, 2023] (based upon a 35-year level amortization) at the
interest rate set forth above pursuant to an amortization schedule provided to the Borrower by the
Lender. The Lender shall provide the Borrower with the amortization schedule effective as of
[June __, 2023] (the “Conversion Date”). All principal and interest shall be due and payable
without demand. The unpaid principal balance plus all accrued and unpaid interest shall be due
and payable in full without notice or demand on the Maturity Date.
This Project Note has been executed and delivered by the Borrower pursuant to a certain
Financing Agreement dated as of the date hereof (the “Financing Agreement”), by and among the
Authority, the Borrower, and FirstBank, its successors and assigns (the “Lender”) and the terms
of the Project Loan Agreement between Borrower and Lender. Terms used but not defined herein
shall have the meanings ascribed to such terms in the Financing Agreement.
Under the Financing Agreement, the Authority has loaned to the Borrower (the
“Borrower’s Loan”) the proceeds received by the Authority from the loan made by the Lender as
described and set forth in the Financing Agreement (the “Authority’s Loan”), to be applied to assist
the Borrower in the financing of the Project. The Borrower has agreed to repay the Borrower’s
Loan by making payments on the Borrower Loan at the times and in the amounts set forth in this
Project Note. The Borrower’s Loan has been entered into by the Borrower concurrently with the
execution and delivery of this Project Note, pursuant to the Financing Agreement.
All payments shall be payable in lawful money of the United States of America, in
immediately available funds, and shall be made to the Lender at 12345 West Colfax Avenue,
Lakewood, Colorado 80215 or such other address as Lender may from time to time designate, or
through such other means as the Lender may reasonably require, for the account of the Authority
and used as provided in the Financing Agreement and the Project Loan Agreement. The Borrower
will completely pay and discharge the prior loans that are the subject of the Project and pay the
costs related to the Loans.
ATTACHMENT B-Financing Agreement
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The obligation of the Borrower to make the payments required hereunder shall be absolute
and unconditional and the Borrower shall make such payments without abatement, diminution or
deduction regardless of any cause or circumstances whatsoever including, without limitation, any
defense, set-off recoupment or counterclaim which the Borrower may have or assert against the
Authority, the Lender or any other person.
The Borrower further agrees to pay on demand any expenditures made by the Lender in
accordance with the Deed of Trust or the Leasehold Deed of Trust, both dated of even date
herewith, for the payment of taxes, special assessments, insurance premiums, cost of maintenance
and preservation of any improvements, reasonable attorneys’ fees incurred in connection with any
matter pertaining hereto and/or the security pledged for this indebtedness. All such expenditures
which are not paid by the Borrower as and when due, may be paid by the Lender and may be added
to the unpaid balance of this Project Note and become a part of and on a parity with the principal
indebtedness secured by the Deed of Trust and the Leasehold Deed of Trust and other instruments
executed in connection herewith and shall accrue interest at the Default Rate.
If this Project Note is referred to an attorney for collection or any payee hereunder seeks
legal advice following a default beyond all cure periods alleged under this Project Note or the Loan
Documents, or is the prevailing party in any action instituted on this Project Note, or if any other
judicial or nonjudicial action, suit or proceeding is instituted by holder or any future holder of this
Project Note, and an attorney is employed by such payee or future payee to appear in any such
action or proceeding, or to reclaim, seek relief from a judicial or statutory stay, sequester, protect,
preserve or enforce such payee’s interest in this Project Note, the Deed of Trust, the Leasehold
Deed of Trust, the other Loan Documents (including, but not limited to, proceedings under federal
bankruptcy law, in eminent domain, under probate proceedings or in connection with any state or
federal tax lien), then Borrower promises to pay reasonable, out-of-pocket attorneys’ fees and
reasonable costs and expenses incurred by such payee and/or its attorney in connection with the
above-mentioned events. If not paid within ten (10) days after such fees become due and written
demand for payment, such amount may be added to the then outstanding principal due under this
Project Note.
Should any payment or installment hereunder be not paid when the same becomes due and
payable, Borrower recognizes that there will be extra expenses incurred for both the administrative
cost of handling delinquent payments and the cost of funds incurred by Lender after such due date
as a result of not having received such payment when due. Therefore, Borrower shall, in such
event, without further notice, and without prejudice to the right of any payee to collect any other
amounts provided to be paid herein, including default interest or to declare a default hereunder,
pay to the Authority or Lender as successor payee to cover such expenses incurred as a result of
any installment payment due being not received within ten (10) days of its due date, a “late charge”
of five (5%) percent of the amount of such delinquent payment, but not less than One Hundred
and no/100ths Dollars ($100.00). The foregoing “late charge” shall not be payable upon the
payment due on the Maturity Date.
Prior to the Conversion Date, this Project Note may not be prepaid, in whole or in part. On
and after the Conversion Date, this Note may not be prepaid, in whole or in part, except pursuant
to the terms and conditions of this paragraph. Borrower will have the right to prepay all or any
portion of the unpaid principal balance on this Note upon and subject to the following terms and
ATTACHMENT B-Financing Agreement
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conditions: (a) Borrower shall give Lender and the Authority not less than thirty (30) days prior
written notice (the “Prepayment Notice”) specifying the scheduled payment date on which such
prepayment is to be made (“Prepayment Date”) and the principal amount Borrower elects to prepay
(the “Prepaid Principal Amount”), (b) Borrower shall pay all fees, costs and expenses of the
Authority and the Authority Indemnified Persons and any other payments due them in respect of
the Unassigned Rights (including, without limitation, indemnification payments); provided, that
payment of amounts due to Authority or the Authority Indemnified Persons under this Section
shall not absolve the Borrower from liability therefor except to the extent of the amounts received
under this Section 3.4; and (c) Borrower shall pay to Lender on the Prepayment Date the sum of
the following: (i) the prepayment fee (the “Prepayment Fee”) in an amount equal to (A) three
percent (3%) of the Prepaid Principal Amount, if the Prepayment Date is on or before the date that
is twelve (12) months from the Conversion Date (the “One Year Date”); (B) two percent (2%) of
the Prepaid Principal Amount if the Prepayment Date is after the One Year Date but on or before
the date that is twenty-four (24) months from the Conversion Date (“Two Year Date”); (C) one
percent (1%) of the Prepaid Principal Amount if the Prepayment Date is after the Two Year Date,
plus (ii) fees and costs of Lender, plus (iii) default interest and late charges, plus (iv) accrued and
unpaid interest, plus (v) Administration Expenses, plus (vi) the Prepaid Principal Amount. No
Prepayment Fee shall be due if the Prepayment Date is within 180-days of the maturity of this
Project Note. If a Prepayment Notice is given, such notice shall be irrevocable, and the sums
required to be paid as set forth in clauses (i) through (vi) of this paragraph shall be due and payable
on the Prepayment Date. Without limiting any of the provisions of this paragraph, Lender will not
be obligated to accept any prepayment of the principal balance of this Project Note unless it is
accompanied by the Prepayment Fee, if applicable, due in connection therewith. Notwithstanding
anything to the contrary set forth herein or in any other loan document, the Prepayment Fee will
be due and payable pursuant to the terms herein whether the prepayment is voluntary, involuntary,
or occurs because of a foreclosure, default or an acceleration of the Loan for any reason, including,
without limitation, because of default, sale, insolvency, disposition or bankruptcy filing.
From the date of a Determination of Taxability, and the amount of interest to be paid on
each payment date occurring after such Determination of Taxability shall be increased to the
Taxable Rate. To the extent not paid or payable hereunder, as interest at the Taxable Rate, the
Borrower hereby agrees to pay to Lender on demand therefor (1) an amount equal to the difference
between (a) the amount of interest that would have been paid during the period for which interest
is included in the gross income of Lender if the Authority Loan had borne interest at the Taxable
Rate (the “Taxable Period”), and (b) the amount of interest actually paid to Lender during the
Taxable Period, and (2) an amount equal to any interest, penalties or charges owed by Lender as a
result of interest on the Authority Loan becoming included in the gross income of Lender, together
with any and all reasonable attorneys’ fees, court costs, or other out-of-pocket costs incurred by
Lender in connection therewith, all notwithstanding whether this Note has been fully paid.
Whenever an Event of Default under the Financing Agreement or any of the Loan
Documents shall have occurred, (a) the payee hereunder may charge the Default Rate of interest
as provided in the Financing Agreement for the period beginning with the date of the happening
of such Event of Default and (b) the unpaid principal amount of and any premium and accrued
interest on this Project Note may be declared or may become due and payable as provided in the
Financing Agreement; provided that any annulment of a declaration of acceleration with respect
to the Authority’s Loan under the Financing Agreement and the Project Loan Agreement shall also
ATTACHMENT B-Financing Agreement
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constitute an annulment of any corresponding declaration with respect to this Project Note. In
addition to the foregoing, upon the occurrence of any Event of Default and the expiration of any
notice and cure periods, the Lender, as assignee, shall have the right to enforce any all payments
hereunder. Failure to exercise any right granted herein upon any Event of Default shall not
constitute a waiver of the right to exercise such right in the event of any subsequent or other default.
If this Project Note is placed in the hands of an attorney for collection or if collected through court
or by any other legal or judicial proceedings, Borrower agrees and shall be obligated to pay, in
addition to the sums referred to above, all reasonable sums for collection costs and attorneys’ fees.
If an Event of Default occurs and is continuing, Borrower hereby: (i) agrees to offsets of any sums
or property owed to it by the payee hereof at any time; (ii) waives all offsets and all applicable
exemption, valuation and appraisal rights; and (iii) expressly agrees that the acceptance by the
payee of this Project Note of any performance which does not strictly comply with the terms of
this Project Note or of the Financing Agreement or other Loan Documents shall not be deemed to
be a waiver of any rights of the payee.
The Borrower hereby waives presentment for payment, demand, protest, notice of protest,
notice of acceleration or of maturity, notice of dishonor and all defenses on the grounds of
extension of time of payment for the payment hereof which may be given (other than in writing)
by the payee hereunder and agrees that its liability on this Project Note shall not be affected by
any release or change in any security for the payment of this Project Note or release of anyone
liable hereunder.
The Borrower hereby certifies that all conditions, acts and things required to exist, happen
and be performed precedent to and in the issuance of this Project Note, exist, have happened and
have been performed, and that the issuance of this Project Note has been duly authorized by the
Borrower.
This Note and the Financing Agreement and other Borrower Documents and Authority
Documents shall be construed and enforced in accordance with the laws of the State of Colorado,
except as otherwise provided for in the Financing Agreement.
BORROWER WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN
RESOLVING ANY DISPUTE, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
BETWEEN BORROWER AND AUTHORITY ARISING OUT OF, CONNECTED WITH,
RELATED TO OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN
THEM IN CONNECTION WITH THIS PROJECT NOTE, ANY OTHER LOAN DOCUMENTS,
OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR
DELIVERED IN CONNECTION WITH THE FINANCING AGREEMENT OR THE
TRANSACTIONS RELATED TO THE FINANCING AGREEMENT. BORROWER HEREBY
AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF
ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT ANY
PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS PROJECT NOTE
WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES
HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
IN WITNESS WHEREOF, the Borrower has executed this Project Note as of the date first
above written.
ATTACHMENT B-Financing Agreement
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EAGLEBEND DOWD AFFORDABLE HOUSING
CORPORATION
By:
Name: Gerald E. Flynn
Title: President
ATTACHMENT B-Financing Agreement
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ALLONGE
FOR VALUE RECEIVED, the Public Finance Authority, a unit of government and a body
politic and corporate of the State of Wisconsin (the “Authority”), as of the date hereof, hereby
endorses, assigns, conveys and transfers, without recourse, unto FirstBank, a Colorado state
banking corporation, as Lender under the Financing Agreement, the within Project Note and any
and all of the Authority’s right, title and interest in and to the Project Note and the right to collect
all sums due thereunder. All terms used and not defined in this Allonge shall have the meaning
given to them in the Project Note.
IN WITNESS WHEREOF, the undersigned has executed and delivered this Allonge as of
the date first set forth in the Project Note.
PUBLIC FINANCE AUTHORITY
By:
Name:
Title: _______________
ATTACHMENT B-Financing Agreement
117752598.3
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After recording return to:
FirstBank
Attn: Loan Operations
12345 West Colfax Ave.
Lakewood, CO 80215
______________________________________________________________________________
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (“Agreement”), dated _________, 2022 (the
“Effective Date”), is between the TOWN OF AVON, COLORADO, whose address is One Lake
Street, P.O. Box 975, Avon, CO 81620 (the “Town”), EAGLEBEND DOWD AFFORDABLE
HOUSING CORPORATION, a Colorado nonprofit corporation, whose address is 28 2nd Street,
Suite 215, Edwards, CO 81632 (“Borrower”), PUBLIC FINANCE AUTHORITY, a unit of
government and a body politic and corporate of the State of Wisconsin (the “Authority”), whose
address is 22 E. Mifflin Street, Suite 900, Madison, WI 5370, and FIRSTBANK, a Colorado
state banking corporation, whose address is 12345 West Colfax Avenue, Lakewood, CO
80215 (“Lender”).
R E C I T A L S
A.Borrower has been organized under the Colorado Nonprofit Corporations Act to
acquire property in order to provide affordable housing facilities, for the benefit and on behalf of
the Town and its inhabitants.
B.Borrower holds a leasehold interest pursuant to that certain Ground Lease by and
between Borrower and the Public Finance Authority, a unit of government and a body politic and
corporate of the State of Wisconsin (the “Authority”), dated _________, 2022 (the “Ground
Lease”), in that certain real property located in the County of Eagle, State of Colorado, which
property is more particularly described on Exhibit A (“Property”), and Borrower desires to
construct certain renovations and improvements upon the 50-unit affordable housing apartment
complex located on the Property (the “Project”).
C.Lender will fund a loan to the Authority in the maximum principal amount of
$13,000,000.00 (the “Authority Loan”), the proceeds of which will fund a loan from Authority to
the Borrower in the maximum principal amount of $13,000,000.00 (the “Project Loan” and
together with the Authority Loan, the “Loans”), the proceeds of which Project Loan will be used
to refund and redeem in full the outstanding Bonds, and finance a portion of the costs to
complete Improvements on the Property, all of the foregoing pursuant to that certain Financing
Agreement of even date herewith by and among the Authority, the Borrower and Lender (the
“Financing Agreement”) and a Project Loan Agreement between Borrower and Lender of even
date herewith (“Project Loan Agreement,” together with the Financing Agreement, the “Loan
Agreement”). The Loan Agreement, Financing Agreement, and Promissory Note evidencing the
ATTACHMENT C: Subordination Agreement
117752598.3
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Project Loan payable to the Authority and endorsed to the order of the Lender (“Note”) and all
other documents, instruments or writings which evidence and/or secure the Note, Financing
Agreement, Project Loan Agreement, Project Loan and the Authority Loan are collectively
referred to herein as the “Loan Documents.” Capitalized terms not otherwise defined herein
shall have the meanings ascribed to them in the Loan Agreement.
D. In connection with the refund of the Bonds, the Town and the Borrower
previously entered into a Project Agreement, dated July 1, 1998, and recorded in the real
property records of the County of Eagle, Colorado (the “Records”) on July 15, 1998 at Reception
No. 662762 (the “Prior Project Agreement”). The Prior Project Agreement was amended and
restated by that certain Project Agreement by and between the Borrower, the Town, and the
Authority, dated ___________, 2022, and recorded in the Records on _________________,
2022 at Reception No. ________________. (the “Project Agreement”).
E. Pursuant to Section 3 of the Project Agreement and as further provided in the
Financing Agreement, the Borrower and the Authority have granted the Town the right to
acquire fee title and exclusive possession of the Property upon satisfaction of certain payment
obligations to the Lender (the “Purchase Right”).
F. As a condition precedent to making the Loans pursuant to the Loan Documents,
Lender requires the Town subordinate the Project Agreement and the Purchase Right to the
Loans and the liens of the Deeds of Trust pursuant to the terms and provisions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce
Lender to make the Loans, Borrower, Lender and the Town agree as follows:
1. Purchase Right Terms. The Town acknowledges and agrees that, in conjunction
with and notwithstanding any conflicting terms contained in the Project Agreement, the
Financing Agreement, or the other Loan Documents, the Project Agreement and the Purchase
Right is subject to the following terms and conditions:
(a) The Purchase Right may only be exercised by the Town prior to Lender’s
foreclosure of the lien of the Borrower Leasehold Deed of Trust or the Authority Deed of
Trust by (i) placing into escrow an amount that will be sufficient to defease the Loans
and the Note based upon a pay-off statement from the Lender and other obligations, (ii)
paying Administrative Expenses (as defined in the Financing Agreement) and other
reasonable costs incident to the defeasance, and (iii) complying with all other
requirements of the Financing Agreement, Project Agreement, and any other applicable
Loan Documents.
(b) Upon the occurrence of an Event of Default under any of the Loan
Documents, the Borrower shall cause the Lender to provide notice to the Town of the
ATTACHMENT C: Subordination Agreement
117752598.3
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Event of Default (“Default Notice”), and the Town shall have the option to cure such
Event of Default within ninety (90) days after receipt of such Default Notice, which shall
be deemed received the day after such Default Notice is delivered by Lender via
overnight FedEx or other like kind delivery service, one (1) day after depositing thereof
with such overnight carrier, to the last address of the Town known to the Lender
(“Default Notice Receipt Date”). Amounts advanced by the Town as a result of the
exercise of this option to cure such monetary defaults hereunder and reasonable, direct
expenses of the Town advanced to cure nonmonetary defaults shall be deemed to be
indebtedness of the Borrower to the Town and which indebtedness shall bear interest at
the annual rate of eight percent (8%). Notwithstanding the foregoing, Lender shall be
entitled to commence any remedy available to it for any Event of Default under any of
the Loan Documents upon sixty (60) days after the Default Notice Receipt Date. All cure
periods of the Town in this Section 1(b) shall be contemporaneous with any cure rights of
Borrower in the Loan Documents.
(c) If the Lender commences any foreclosure proceeding or other action is
commenced under the Borrower Leasehold Deed of Trust or the Authority Deed of Trust
which could lead to the sale or other disposition of the property pledged thereunder, until
such time as ninety (90) days after the Default Notice Receipt Date, the Town may
exercise the Purchase Right to purchase all such property encumbered by the Deeds of
Trust (including the Financed Facility as defined in the Financing Agreement) for the
amount of the outstanding indebtedness of the Borrower relating to the Financed Facility
and accrued interest to the date of default and all fees costs and expenses of the Lender
relating to collection and allowable pursuant to any of the Loan Documents, which
amounts must be paid to the Lender on or before 5:00 PM the ninetieth (90th) day from
the Default Notice Receipt Date. If the Town shall fail to pay Lender in accordance
herewith, Lender shall have all rights to bid at any foreclosure sale or otherwise cause the
public trustee to complete any foreclosure and any and all rights of the Town in
connection with the Purchase Right shall automatically terminate and be of no further
force or effect. The Lender shall be required to take any action necessary, including
submission of requests for continuance of foreclosure to the Public Trustee of Eagle
County, Colorado, in order to ensure that the foreclosure sale does not occur prior to the
expiration of the ninety (90) day period referred to herein. Other than as limited by
Section 1, Lender is entitled to pursue any rights or remedies available under the Loan
Documents and Deeds of Trust or otherwise.
(d) The parties hereto acknowledge and agree that the Purchase Right
provisions contained in this Agreement will control and govern certain rights of the Town
in connection with the Purchase Right and the obligations as between the Lender and the
parties, notwithstanding any conflicting or otherwise contrary provisions contained in the
Project Agreement, Financing Agreement, or other Loan Documents.
2. Subordination of the Project Agreement and Purchase Right. The Town hereby
completely, unconditionally and wholly subjects and subordinates any and all rights of the Town
ATTACHMENT C: Subordination Agreement
117752598.3
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arising under or in connection with the Project Agreement, the Purchase Right, and all claims,
rights and remedies thereunder to the indebtedness, liens, security interest, and any and all
obligations of Borrower to Lender now existing or hereafter arising under the Loan Documents.
The Town hereby agrees that the Loan Documents and all claims, liens and security interests
now held or hereafter held by Lender pursuant to the Deeds of Trust or otherwise are and shall
remain in all respects, senior, prior and superior to the Project Agreement and the Town’s
Purchase Right, and any and all rights of the Town in connection with the Project Agreement and
Purchase Right shall automatically terminate and be of no further force or effect the sooner of:
(a) ninety (90) days after the date of the Default Notice; or (b) the date the Town shall escrow
sufficient amounts to defease the Loans and the Note based upon a pay-off statement from the
Lender and other obligations and the Loans and Note are repaid in full.
3. Transfer by the Town. Any transfer or encumbrance of the Town’s rights under
the Project Agreement or the Financing Agreement or the Town’s interests therein shall be
subject to the terms of this Agreement.
4. Representations, Warranties and Agreements by the Town. The Town represents
and warrants to Lender and agrees that:
(a) The Town is a validly existing home rule municipality under the laws of
the State of Colorado and has the requisite power and authority to execute, deliver and
perform this Agreement. The execution, delivery and performance by the Town of this
Agreement have been duly authorized by all requisite action by or on behalf of the Town,
and is in compliance with the Town’s Ordinance No. 17-07 “An Emergency Ordinance
Accepting the Donation of the EagleBend Affordable Housing Property, Authorizing
Disposal of Such Property, and Approving a New Project Agreement between the Town
of Avon and EagleBend Affordable Housing Corporation,” approved and passed on May
9, 2017, and will not conflict with, or result in a violation of or a default under, the
Town’s governing documents;
(b) The person executing this Agreement on behalf of the Town is duly
authorized and empowered to execute and deliver this Agreement on behalf of the Town.
This Agreement is the legal, valid and binding obligation of the Town, enforceable in
accordance with its terms against the Town;
(c) The Town has full title and right to subordinate its interest in the Purchase
Right to Lender pursuant to this Agreement;
(d) To the best of the Town’s knowledge, the Property is currently in
compliance with Ordinance No. 89-5 “An Ordinance Providing for the Amendment of
the Zoning District Map of the Town of Avon as it Pertains to the Riverside Subdivision,
a Specially Planned Area,” approved on February 28, 1989 and recorded in the Records
on March 27, 1989;
ATTACHMENT C: Subordination Agreement
117752598.3
5
(e) The Town will not assign, pledge or otherwise transfer, or permit or suffer
to be assigned, pledged or otherwise transferred, or execute any power of attorney with
respect to the Project Agreement, the Purchase Right, or any part thereof, except upon
prior written notice to the Bank and unless such assignee, pledgee, or transferee agrees in
writing to be bound by the terms and conditions of this Agreement;
(f) There are no defaults existing under the Project Agreement, and no event
has occurred that with the giving of notice or the passing of time, or both, would
constitute a default under the Project Agreement.
5. Specific Performance and Injunctive Relief. Notwithstanding the availability of
any other remedies, Lender shall be entitled to obtain specific performance, mandatory or
prohibitory injunctive relief, or other equitable relief requiring the parties to cure or refrain from
repeating any breach or default hereunder. Notwithstanding the availability of any other
remedies, the parties shall be entitled to obtain specific performance, mandatory or prohibitory
injunctive relief, or other equitable relief requiring Lender to cure or refrain from repeating any
breach or default hereunder.
6. Further Assurances. So long as the Deeds of Trust shall remain a lien upon the
Property or any part thereof, the Town shall execute, acknowledge and deliver, promptly after
being requested to do so any and all further instruments in recordable form reasonably requested
by Lender or another holder of the Deeds of Trust for the purpose of confirming and carrying out
the purpose and intent of the foregoing covenants.
7. Notices. All notices required or permitted to be given hereunder shall be in
writing and may be given in person or by United States mail, by delivery service or by electronic
transmission. Except as provided in this Agreement with respect to actual receipt of a notice,
any notice directed to a party to this Agreement shall become effective upon the earliest of the
following: (a) actual receipt by that party; (b) delivery to the designated address of that party,
addressed to that party; or (c) if given by certified or registered United States mail, three (3)
business days after deposit with the United States Postal Service, postage prepaid, addressed to
that party at its designated address. The designated address of a party shall be the address of that
party shown in this Section or such other address as that party, from time to time, may specify by
notice to the other parties.
If to Town:
Town of Avon, Colorado
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Manager
With a Copy to:
ATTACHMENT C: Subordination Agreement
117752598.3
6
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Attorney
If to FirstBank:
FirstBank
Attn: Presley Ilieva
12345 West Colfax Avenue
Lakewood, Colorado 80215
With a Copy to:
Lewis Roca Rothgerber Christie LLLP
1601 19th Street, Suite 1000
Denver, Colorado 80202-5055
Attention: Lindsay McKae, Esq.
8. Modification of Loans. No renewal or extension of time of payment or
modification of the Loans, no release or surrender of security for the payment thereof, no delay
in the enforcement of payment thereof or in the enforcement of this Agreement and no delay or
omission in exercising any right or power under the Loan Documents, or under this Agreement,
shall in any manner impair or adversely affect the rights of Lender under this Agreement. The
Town hereby waives any further notice of the creation, existence, extension or renewal of the
Loans or of any modification of Loans or of any other actions or matters of any nature
whatsoever in connection with the Loans.
9. Miscellaneous.
(a) This Agreement shall be binding upon and inure to the benefit of the
parties hereto and each of their successors and assigns.
(b) This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
(c) This Agreement may be signed in any number of counterparts, all of
which will constitute an original, and all of which when taken together shall constitute
one instrument.
(d) The parties agree that any suit or proceeding brought to enforce the terms
of this Agreement or to recover any damages hereunder shall be brought in a court in the
State of Colorado and each of the parties hereby irrevocably submits to the jurisdiction of
such court in connection with any suit or proceeding brought to enforce the terms of this
ATTACHMENT C: Subordination Agreement
117752598.3
7
Agreement or to seek recovery of damages or otherwise arising out of or resulting from
this Agreement and the rights of the parties hereunder.
(e) The representations, warranties, and covenants of the parties in this
Agreement shall survive the execution and delivery of this Agreement.
(f) If there is any legal action or proceeding between the parties hereto to
enforce or interpret any provision of this Agreement, or to protect or establish any right
or remedy of any of them hereunder, the substantially unsuccessful party to such action
or proceeding shall pay to the substantially prevailing party all reasonable costs and
expenses (including, but not limited to, reasonable attorneys’ fees and costs) incurred by
such substantially prevailing party in such action or proceeding. The court in any such
matter shall determine the substantially prevailing party. If any party secures a judgment
in any such act or proceeding, then any reasonable costs and expenses (including, but not
limited to, reasonable attorneys’ fees and costs) incurred by the substantially prevailing
party in enforcing such judgment, or any reasonable costs and expenses (including, but
not limited to, reasonable attorneys’ fees and costs) incurred by the substantially
prevailing party in any appeal from such judgment in connection with such appeal or
other post-judgment proceeding shall be recoverable separately from and in addition to
any other amount included in such judgment. The preceding sentence is intended to be
severable from the other provisions of this Agreement, and shall survive and not be
merged into any such judgment.
(g) EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A
TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A)
CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY
OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT
SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO
ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT
AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO
THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS
AND CERTIFICATIONS IN THIS SECTION.
(h) This Agreement shall be irrevocable and shall continue effective until the
Loans have been paid in full and all financing arrangements between Borrower and the
Lender relating to the Loans have been terminated or released, at which time, upon
Borrower’s request, Lender shall execute and deliver to Borrower and the Town a release
of this Agreement in such form as Borrower and the Town may determine to be
reasonably necessary or appropriate to effect the release of this Agreement.
ATTACHMENT C: Subordination Agreement
117752598.3
[Signature Page to Subordination and Standstill Agreement]
IN WITNESS WHEREOF, the parties have executed this Subordination
Agreement as of the date set forth above.
TOWN:
TOWN OF AVON, COLORADO
By:
Its: ____________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of , 2022,
by _________________, as Mayor, and ________________________ as Town Clerk, on behalf
of the Town of Avon, Colorado.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: _________________.
[ S E A L ]
Notary Public
ATTACHMENT C: Subordination Agreement
117752598.3
[Signature Page to Subordination and Standstill Agreement]
BORROWER:
EAGLEBEND DOWD AFFORDABLE
HOUSING CORPORATION,
a Colorado nonprofit corporation
By: _______________________________
Gerald E. Flynn, President
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of
___________, 2022 by Gerald E. Flynn as President of EagleBend Dowd Affordable Housing
Corporation, a Colorado nonprofit corporation.
Witness my hand and official seal.
[seal]
Notary Public
My commission expires .
ATTACHMENT C: Subordination Agreement
117752598.3
[Signature Page to Subordination and Standstill Agreement]
LENDER:
FIRSTBANK,
a Colorado state banking corporation
By:___________________________________
Presley Ilieva, Senior Vice President
STATE OF COLORADO )
) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ___ day of , 2022,
by Presley Ilieva, as Senior Vice President of FirstBank, a Colorado state banking corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: _________________.
[ S E A L ]
Notary Public
ATTACHMENT C: Subordination Agreement
117752598.3
[Signature Page to Subordination and Standstill Agreement]
AUTHORITY:
PUBLIC FINANCE AUTHORITY,
A unit of government and a body politic and
corporate of the State of Wisconsin
By:
Name:
Title: Chairman of the Board of Directors
STATE OF ______________ )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2022 by
___________, as Chairman of the Board of Directors of the Public Finance Authority, a unit of
government and a body politic and corporate of the State of Wisconsin.
Witness my hand and official seal.
[seal]
Notary Public
My commission expires .
ATTACHMENT C: Subordination Agreement
117752598.3
A-1
EXHIBIT A
(Legal Description of Property)
ATTACHMENT C: Subordination Agreement
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Ord 22-11 Recall Procedures
DATE: June 10, 2022
SUMMARY: Ordinance 22-11 Recall Procedures is presented for Council consideration. Council identified
the adoption of an ordinance establishing recall procedures as a Tier 1 goal for 2022. The purpose of
adopting recall procedures is to clarify the procedures for the general public who may utilize their
constitutional right of recall and for the Town Clerk’s office which is required to process and administer any
recall petitions.
CONSTITUTIONAL RIGHT OF RECALL: Citizens throughout Colorado have a right of recall as
established in Article XXI of the Colorado Constitution. The Avon Home Rule Charter sets forth the citizens’
rights of recall in Section 3.7, which states as follows:
Section 3.5 - Recall.
Any elected official or elected officer of the Town may be recalled at any time
after 90 days in office by the electors entitled to vote for a successor of such
incumbent through the procedure in the manner provided for in Article XXI of
the State Constitution. Consistent with the Constitution and this Charter, the
Council may provide by ordinance for further recall procedures.
One area of confusion or complication is that the Avon Home Rule Charter references the constitutional
process for recall, which includes recall of state legislative elected officials, while the Colorado Revised
Statutes sets forth similar, but slightly different, recall procedures for municipal officials. These recall
procedures will reconcile any ambiguities between the state process and municipal process for recall.
DRAFT RECALL PROCEDURES: A draft of the Recall Procedures are included in Ordinance 22-11. The
suggested process is to set a public hearing and second reading for July 26, 2022 to allow time for review
of these procedures. Recalls occur very infrequently so it would be worthwhile to give attention to these
recall procedures before adoption.
ADOPTION PROCESS: Staff will post these draft procedures on the Town’s website to make them
available for public comment. Council may desire to designate one or more Council members to participate
in reviewing this first reading draft of the recall procedures for second reading.
IMPLEMENTATION: If Ordinance No 22-11 is adopted, State will prepare these Recall Procedures in a
more public friendly brochure format that non-lawyers can better understand and use.
PROPOSED MOTION: “I move to approve Ordinance No. 22-11 Enacting Chapter 2.29 Recall Procedures
of the Avon Municipal Code on First Reading and setting a public hearing for July 26, 2022.”
Thank you, Eric
ATTACHMENT: Ordinance No. 22-11 Enacting Section 2.29 Recall Procedures
Ord 22-11 Recall Procedures
DRAFT June 14, 2022
Page 1 of 3
ORDINANCE NO. 22-11
ENACTING CHAPTER 2.29 RECALL PROCEDURES
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council of the Town of Avon (“Council”) finds that a well defined
procedure for the recall of Council members will benefit the public confidence and participation
the constitutional rights of recall; and
WHEREAS, Section 3.5 Recall of the Town of Avon Home Rule Charter states that the Council
may provide by ordinance for recall procedures; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Section 2.29 Enacted. Section 2.29 Recall Procedures of the Avon Municipal
Code is enacted in its entirety to read as set forth in Exhibit A: Section 2.29 Recall
Procedures.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
Ord 22-11 Recall Procedures
DRAFT June 14, 2022
Page 2 of 3
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 22-11 Recall Procedures
DRAFT June 14, 2022
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 14, 2022 and setting such public hearing for
July 26 , 2022 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
July 26, 2022.
BY: ATTEST:
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
Chapter 2.29 – Procedures for Recall of Councilmembers
EXHIBIT A: ENACTMENT OF CHAPTER 2.29 TO
TITLE 2 OF THE AVON MUNICIPAL CODE
CHAPTER 2.29 Recall Procedure
2.29.010 - The recall.
(a) Power. Any elective officer of the Town may be recalled from office, through the
procedure and in the manner provided herein, by the registered electors entitled to vote
for a successor of such incumbent officer. For purposes of this Title, the words
“registered elector” shall be construed to mean persons residing within the Town who are
registered to vote in Town elections as of the date they signed the petition for recall. No
recall petition shall be circulated or filed against any officer (i) until the officer has
actually held office for at least ninety (90) days in the officer’s current term, nor (ii)
within nine (9) months of the end of such term. The procedure to effect a recall shall be
as provided in this Title. These procedures for recall of elected officials shall be
interpreted to be consistent with the Article XXI of the State Constitution and the
Charter.
(b) Commencement of proceedings; affidavit and sworn statement. One (1) or more
registered electors entitled to vote for a successor of such incumbent officer may
commence recall proceedings by filing with the Town Clerk an affidavit of not more than
two hundred (200) words stating the reasons or ground(s) for the recall of the officer
sought to be removed. A separate affidavit shall be filed for each officer sought to be
recalled. Within two (2) business days after the filing of the affidavit, the Town Clerk
shall email and mail a copy by method showing actual receipt by the affected officer.
Within five (5) business days after the date of the Town Clerk sends the affidavit to the
affected officer, the affected officer may file with the Town Clerk a sworn statement of
not more than three hundred (300) words in defense of the charges. The affidavit and the
sworn statement in defense are intended for the information of the registered electors,
who shall be the sole and exclusive judges of the sufficiency of the grounds assigned for
the recall, and the defense of the charges, and said grounds and defense shall not be open
to judicial review; provided that they do not contain any misstatement of material fact.
Within ten (10) days after the date by which any statement in defense must be filed, a
petition for recall of the officer shall be submitted to the Town Clerk for approval of the
form of the petition containing the grounds and the defense in accordance with Section
2.29.202(b) of this Chapter by the registered elector who submitted the affidavit. The
petition shall be circulated, signed, verified and filed in the manner provided in Section
2.29.020.
(c) Call of election. A recall election shall be for the dual purposes of voting on the recall of
the officer sought to be removed and the election of a successor. Upon the Town Clerk’s
presentation to Council of a petition that is certified sufficient under Section 2.29.020(g),
the Council shall set a date for the election which shall be held on a Tuesday not less than
sixty (60) nor more than one hundred twenty (120) days from the date of presentation of
the certified petition to Council. However, if any other Town election is to occur within
one hundred eighty (180) days from the presentation of the certified petition to Council
the recall election shall be postponed and consolidated with such other Town election.
The order setting a date for the recall election shall not become effective until ten (10)
days from the presentation of the certified petition to Council. If the officer resigns
within the ten-day period, the vacancy may be filled by appointment in accordance with
the Charter. If a vacancy occurs in the affected office after the effective date of the order,
an election to fill the vacancy shall nevertheless proceed.
(d) Disqualification for office. No person who has been recalled or has resigned after the
Town Clerk’s presentation to Council of a certified, sufficient petition for recall of such
person shall serve the Town in any elected or appointed capacity within two (2) years
after such removal or resignation.
2.29.020 - Petitions.
(a) Separate petitions required. A separate petition shall be circulated and filed for each
officer sought to be recalled.
(b) Form and content.
(1) Approval of form. No petition shall be circulated until the Town Clerk, or another
representative of the Town designated by the Town Clerk, has approved the form for
circulation. The Town Clerk shall first determine that the petition form contains only
the matters required by this Title. The Council shall prescribe by ordinance, upon
recommendation of the Town Clerk, a general form of petition which shall contain
warnings and notices to signers as deemed necessary by the Town Clerk. The Town
Clerk’s approval under this Section shall not constitute an approval of the content of
the petition, but rather, shall start the running of the time periods provided for
circulation and filing of petitions for recall.
(2) Statement of purpose. The petition shall be addressed to Council and shall contain
or have attached to each petition section throughout its circulation a copy of the
reasons or ground(s) set forth in the affidavit on file with the Town Clerk, and if
requested by the officer sought to be recalled, a copy of the officer’s statement in
defense.
(3) Petition Committee. Each petition shall designate by name, email address and
mailing address, not less than three (3) nor more than five (5) registered electors of
the Town who shall represent the signers of the petition in all matters affecting the
petition, and who endorse the petition. Each of the petition representatives shall
complete and provide to the Town Clerk an affidavit affirming each representative
has consented to their role as a recall petition representative, and such representative
is aware of and supports the reasons or grounds underlying the recall of the officer as
provided to the Town Clerk pursuant to Section 2.29.010(b). Notice or service of
process to any petition representative will be deemed to be notice or service of
process on all of the petition representatives. Any action required to be taken by the
petition representatives, must be set forth in an Affidavit signed by a majority of the
petition representatives.
(4) Signatures. Only registered electors of the Town on the date of their signature on the
petition may sign the petitions authorized under this Title. Each signer must sign his
or her own signature and each signature shall be followed by the legible and printed
name of the signer, the street and number address of the registered elector’s residence
which must be identical to the address contained in that registered elector’s voter
registration on file at the County of Eagle, and the date of signing of the petition. No
person shall knowingly sign his or her name more than once for the recall of the same
officer. No petition shall be circulated until such time as the Town Clerk has
calculated and approved the number of valid signatures required for the petition to be
deemed sufficient in accordance with this Title. Any signer of a petition may have
his or her signature removed by filing a written demand therefore with the Town
Clerk within five (5) business days of the filing of a signed petition.
(c) Circulation of petition. Prior to the circulation of any petition, a majority of the
designated petition representatives shall meet with the Town Clerk and the Town
Attorney for the purpose of confirming the number of valid signatures required for
petition for recall to be deemed sufficient and for the purpose of confirming the
circulation procedures and restrictions. The petition may be circulated and signed in
sections with each section consisting of one (1) or more sheets securely fastened at the
top, provided that each section contains a full and accurate copy of the text of the petition
in the form approved by the Town Clerk and the names and addresses of the designated
petition representative for that section of the petition. The affidavit required pursuant to
subsection (d) herein must be securely fastened at the top to each circulated petition
section. The designated petition representative’s affidavit shall not be removed at any
time from the circulated petition section. All petition sections shall be filed with the
Town Clerk as one (1) instrument. Only persons eighteen (18) years of age or older may
circulate the petition for signatures. The circulation of any petition by any medium other
than personally by a circulator is prohibited. No person shall receive any compensation
whatever for signing a recall petition.
(d) Affidavit of circulator. A circulator shall attach to each section of the petition circulated,
an affidavit signed by the circulator under oath before a notary public stating the
following:
(1) the circulator’s address of residence;
(2) that the circulator is eighteen (18) years of age or older;
(3) that he or she personally circulated the petition section;
(4) that each signature was affixed in the circulator's presence;
(5) that no information pertaining to a signer was completed by the petition circulator or
any petition representative;
(6) that to the best of the circulator’s knowledge and belief each signer was at the time of
signing the petition a registered elector of the Town;
(7) that to the best of the circulator’s knowledge and belief each signature is the genuine
signature of the person whose name it purports to be;
(8) that each signer had an opportunity before signing to read the full text of the petition;
and
(9) that the circulator has not paid or offered to pay any money or other thing of value to
any signer for the purpose of inducing or causing the signer to affix his or her
signature to the petition.
(e) Number of signatures required.
(1) First recall attempt. The petition must be signed by registered electors equal in
number to at least twenty-five (25) percent of the number of registered electors of the
Town who cast a ballot cast at the most recent preceding regular Town election for
any candidate for the office to which the officer sought to be recalled was elected as
one of the officers thereof.
(2) Subsequent recall attempts. After one (1) recall petition and election which does not
result in a successful recall of an officer, another recall petition filed against the same
officer during the same term must be signed by registered electors equal in number to
at least fifty (50) percent of the number of ballots cast at the last preceding regular
Town election for all candidates for the office to which the officer sought to be
recalled was elected as one of the officers thereof.
(f) Place of filing, time limits. Petitions for recall shall be filed with the Town Clerk within
thirty (30) days of the Town Clerk’s approval of the form of petition for circulation under
Section 2.29.020(b)(1). The petition representatives filing the recall petition shall sign an
affidavit affirming that they each have not tampered with or completed any information on
the petition for any signers other than signing their own name on the petition as a registered
elector in the Town of Avon.
(g) Determination of sufficiency of petition; certification. Within five (5) business days of the
filing of a signed petition, the Town Clerk shall ascertain by examination of the petition and
the County of Eagle’s voter registration record whether the petition is signed by the requisite
number of registered electors and otherwise satisfies the requirements of this Title. If the
petition is determined by the Town Clerk to be insufficient, the Town Clerk shall so certify
and forthwith notify the petition representatives in writing by email at the email address
provided by such Petition Representative, specifying the particulars of insufficiency. A copy
of the Town Clerk’s certification and written report shall also be immediately emailed to the
Petition Representatives and to the affected officer at its avon.org address. If the petition is
determined by the Town Clerk to be sufficient, the Town Clerk shall proceed under Section
2.29.020(j).
(h) Protest. Any registered elector may protest the sufficiency of a signed petition, and such
registered elector shall file a written protest, under oath, in the office of the Town Clerk
within ten (10) days of the filing of the signed petition with the Town Clerk or within five (5)
days of any re-filing of a signed petition after withdrawal and amendment. The protest shall
set forth with particularity the grounds of protest and the names and defects in form that are
protested. Except for any misstatement of material fact, the designated petition
representatives’ reasons and grounds for the recall may not be protested nor may the officer’s
sworn statement in defense be protested. Upon the filing of a written protest, the Town Clerk
shall set a time for hearing such protest, which shall be no less than seven (7) business days
and no more than fourteen (14) business days after the last day on which a protest could be
filed. The hearing on such protest shall be conducted by a judge or an attorney in good
standing in the State of Colorado, which judge or attorney shall be designated by the Town
Clerk in the Town Clerk’s sole discretion. At least seven (7) business days before the
hearing, the Town Clerk shall email and mail a copy of the protest to all members of the
recall committee and all of the designated petition representatives and the officer affected by
the recall together with a notice of the date and time for hearing. All records and hearings
shall be before the Town Clerk’s designee who shall have the power to issue subpoenas to
compel the attendance of witnesses to testify and the production of documents. All records
and hearings shall be public, and all testimony shall be under oath. The hearing shall be
summary in nature and concluded within thirty (30) days after the signed petition was filed
with the Town Clerk. The Town Clerk’s designee shall decide and certify to the Town Clerk
the results of the protest hearing within ten (10) business days after the hearing is concluded.
(i) Opportunity to Amend. In case the signed petition is deemed by the Town Clerk to be
insufficient, whether following the initial determination by the Town Clerk or following
protest proceedings, it may be withdrawn, amended and re-filed, one (1) time only by the
written authorization signed by a majority of the designated petition representatives, within
fifteen (15) days from the filing of the Town Clerk’s certificate of insufficiency. Upon any
withdrawal of the signed petition, the petition may only be amended by the addition of any
required information relating to a signer thereof by the respective signer thereof, and the
attachment of an updated circulator affidavits stating the changes that were made to the
petition between the initial submission of the petition and the re-filing of the petition in
addition to restatements of the requirements set forth in 2.29.020(d) regarding the re-filed
petition. Any amended petition must be re-filed with the Town Clerk within such fifteen-day
period. In its opportunity to curing deficiencies under this subsection, the petition may not
be re-circulated with a revised or corrected form of petition and no new signatures may be
collected. The Town Clerk shall, within five (5) days after re-filing such amendment, re-
examine the amended signed petition and re-certify the result in accordance with this Title.
(j) Delivery to Council. When and if a petition or amended signed petition is deemed
sufficient, whether following the initial sufficiency determination by the Town Clerk in the
absence of a protest, following protest proceedings, or upon re-examination of an
amendment, the Town Clerk shall so certify and present the certified petition to the Council
at its next regularly scheduled meeting. The Town Clerk’s certificate shall then be a final
determination as to the sufficiency of the petition.
2.29.30 - Elections.
(a) Generally. Elections on recall shall be conducted in the same manner as provided
generally for regular or special Town elections in the Charter. All Charter provisions
related to nomination and qualification of candidates shall apply to recall elections.
(b) Nominations on recall. Anyone desiring to become a candidate at the recall election
shall do so by nominating petition as required in Article III of the Charter. The deadline
for filing a nominating petition for a recall election shall be as established by ordinance
of the Council. If more than one (1) officer is sought to be recalled, then the nominating
petition must specify which incumbent officer affected by the recall the candidate seeks
to succeed. The name of the person against whom the recall petition was filed shall not
appear on the ballot as a candidate for that office.
(c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to
be voted on, the statement of reasons or grounds and, if requested by the affected officer,
the officer’s sworn statement in defense followed by the words, “Shall (name of person
against whom the recall petition is filed) be recalled from the office of Avon Town
Council member?” Following such question shall appear the words, “Yes” indicating a
vote in favor of the recall and “No” indicating a vote against such recall. On such
ballots, under each question, there shall also be printed the names of those persons who
have been nominated as candidates to succeed the person sought to be recalled. It shall
not be a requirement for a voter to vote on the question of the recall in order for their
vote on a succeeding candidate to be counted.
(d) Election results. If a majority of those voting on the question of the recall of any
incumbent from office votes “No, the incumbent continues in office. If a majority votes
“Yes” for the incumbent's removal, the incumbent shall thereupon be deemed removed
from his or her office upon the taking of the oath of office by his or her successor. If the
officer is recalled, the candidate for succession receiving the highest number of votes at
the election shall be declared elected for the remainder of the incumbent's term. The
candidate elected shall take office upon taking the oath of office, which shall occur as the
first order of business at the next regular or special Council meeting. In case the
candidate elected fails to take the oath of office within thirty (30) days after the issuance
of a certificate of election, the candidate with the next highest vote shall be elected, and
if there is no other elected successor who takes the oath of office, the office shall be
deemed vacant and shall be filled in accordance with the Charter.
(e) Reimbursement. If at any recall election the incumbent officer whose recall is sought is
not recalled, or in the event of a protest the Town Clerk’s designated hearing officer
determines that the petition is not sufficient based on the conduct of one or more petition
circulators or designated petition representatives, the Town will reimburse the incumbent
officer for monies actually spent by the incumbent officer in connection with the recall.
Authorized expenses include monies spent in challenging the sufficiency of the recall
petition, writing the sworn statement in defense, attorneys fees, and campaign literature
and advertising. Unauthorized expenses include monies spent on challenges and court
actions not pertaining to the sufficiency of the recall petition, the incumbent officer’s
personal meals, lodging and mileage, costs of a campaign staff or headquarters,
reimbursement for expenses incurred by a committee which has collected donations
under Section 1.14.050 of this Code, and expenses incurred prior to the filing for
approval of the recall petition form.
2.29.40 – Penalties
(a) A person shall not knowingly or under circumstances amounting to criminal
negligence:
1. Misrepresent, attempt to misrepresent or assist or conspire with another
person to misrepresent or attempt to misrepresent the intent or content of a
petition for the recall of a public officer which is circulated pursuant to the
provisions of this Title; or
2. Obtain, attempt to obtain or assist or conspire with another person to obtain or
attempt to obtain a false, forged, coerced or unauthorized signature on a
petition for the recall of a public officer which is circulated pursuant to the
provisions of this chapter.
(b) Criminal Penalties. Any person who knowingly violates any provision of this
Chapter is guilty of a misdemeanor and shall be punished by a fine not exceeding three
hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days
or both such fine and imprisonment.
(c) Civil Penalties. Any person who violates any of the reporting provisions of this
Chapter shall be liable in any civil action initiated by the Town Attorney or by a person
residing within the Town for an amount not more than the amount or value not properly
reported.
2.29.50 - Further regulations.
The Council may, by resolution, make such further rules and regulations as are consistent
with the Charter and the Colorado Constitution in order to carry out the provisions of this
Title.
970.748.4413 matt@avon.org
TO: Honorable Mayor Smith Hymes and Avon Town Council FROM: Matt Pielsticker, AICP, Planning Director
RE: Findings of Fact and Record of Decision
Emergency Notification System for Northern Hillside Communities
Wildridge, Wildwood, and Mountain Star
DATE: June 3, 2022
SUMMARY: On May 24, 2022 the Town Council took action to approve a Minor Development land use application
for the installation of four emergency notification sirens. Section 7.16.020(f)(3) of the Avon Development Code
requires approval of written findings to document land use decisions. The attached (“Attachment A”) findings of
fact and record of decision meets code requirements and records the Town Council’s decision for this action.
RECOMMENDED MOTION: “I move to approve the findings of fact and record of decision for the emergency
notification system, as published in the meeting packet.”
OPTIONS:
• Approve as published
• Approve with modifications
• Continue
Thank you,
Matt
ATTACHMENT:
A. Findings of Fact and Record of Decision
Record of Decision: MNR22009 Page 1 of 1
AVON TOWN COUNCIL
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARINGS: May 24, 2022 (Town Council)
April 19, 2022 (PZC)
TYPE OF APPLICATION: Minor Development Plan
PROPERTY LOCATIONS: 5700 Wildridge Road East; 2700 Old Trail Road;
2120 Saddleridge Loop; 1091 W. Wildwood Road; 1875 Paintbrush
FILE NUMBER: MNR22009
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c):
DECISION: Approved
FINDINGS:
1. The Improvements are deemed new “Development” and qualify for processing as a Minor
Development Plan pursuant to Avon Municipal Code §7.16.080;
2. The Application is complete;
2. Sufficient information is provided to determine that the Application is in compliance with the
review criteria;
3. The Application supports Avon Comprehensive Plan Goal G.2 by identifying and mitigating
potential environmental hazards to prmote the public health, safety, and welfare of the
northern hillside communities of Wilridge, Wildwood, and Mountain Star;
4. Siresn are considered municipal facilities and permitted on the subject properties;
5. The Avon Development Code does not contain standards for siren structures, and
therefore antenna and satellite dish standards were considered in the context of this
Application as they are similar improvements;
6. Screening standards apply to antennas and dishes according to Avon Development Code
§7.28.060(b), and alternate screening is achieved by including natural colored wood utility
poles and powder coated earth tone colors and grouping near existing buildings or
facilities; and
7. Installation of emergency awareness equipment promotes awareness of wildfire and other
significant events, which promotes the public health, safety, and welfare of the community.
APPROVED JUNE 7, 2022 by the AVON TOWN COUNCIL
By: Attest: ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ATTACHMENT A - RECORD OF DECISION
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Lobbying Contract – Squire Patton Boggs
DATE: June 9, 2022
SUMMARY: Eagle County contacted myself and Vail to determine interest in jointly sharing the cost of a
federal lobbyist. There are numerous matters in which we interact with the federal government. Most
prevalent is federal land issues with the federal government as the largest land owner in Eagle County.
Federal land issues along include recreation and travel management, wildfire response and mitigation, ski
area permitting, and housing. Other federal issues include funding for the I-70 corridor, multi-modal
transportation, and housing.
PROPOSAL: Squire Patton Boggs is a national law firm with local representation in Denver and Summit
County who provides governmental lobbying services. Jeff Shroll (Eagle County Manager), Patty McKenny
(Vail Assistant Town Manager) and myself negotiated the attached proposal with Squire Patton Boggs
which is narrowed to federal issues. We felt that we have enough resources through CML and our internal
staff to follow state legislation, therefore the proposal is focused on federal lobbying. The federal lobbying
services would include monitoring federal legislation and federal funding that impacts Eagle County as well
as advocating for legislative positions (e.g. Shred Act, Wilderness designations, etc.). The proposed
retainer fee is $10,000 per month, which would be split $4,000 by Eagle County, $4,000 by Town of Vail
and $2,000 by Town of Avon.
FINANCIAL CONSIDERATIONS: The $2,000 per month portion for the Town of Avon is very affordable for
this lobbying service. The cost for 2022 is $14,000 and the cost for 2023 would be $24,000. Avon, Vail and
Eagle County all have similar issues, interests and goals with regard to federal land management and
seeking federal funding so this partnership approach is efficient and economical for all three entities. Any
retainer agreement with Squire Patton Boggs would be subject to annual budget and appropriation and
would be subject to cancellation by the Town of Avon at any time.
RECOMMENDATION: I support approval of a lobbying contract with Squire Patton Boggs and believe this
service will enhance our collective voice in this region and will likely lead to securing additional federal
funds in excess of the retainer funds.
PROPOSED MOTION: “I move to approve entering into a lobbying and consulting contract with Squire
Patton Boggs and authorize the Town Manager to prepare and execute an appropriate retainer agreement
subject to review by the Town Attorney.”
Thank you, Eric
ATTACHMENT A: Squire Patton Boggs Service Proposal
squirepattonboggs.com
Proposal for
Federal Public Policy
Advocacy Services
Prepared for:
Towns of Vail, Avon & Eagle County
Colorado
April 2022
ATTACHMENT A: Service Proposal
squirepattonboggs.com
Contents
Introduction 1
Why Choose Us 3
Federal Public Policy Services 3
Proposed Team 7
Budget 7
Squire Patton Boggs is the trade name of Squire Patton Boggs (US) LLP, a limited liability partnership
organized under the laws of the state of Ohio, USA. Squire Patton Boggs (US) LLP is part of the international
legal practice Squire Patton Boggs, which operates worldwide through a number of separate legal entities.
Please visit squirepattonboggs.com for more information.
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 1
Introduction
Squire Patton Boggs (US) LLP (SPB) appreciates the opportunity to submit our proposal to the Towns
of Vail, Avon & Eagle County to provide public policy advocacy support and related services at the
federal level to continue to promote vibrant growth, and strengthen the voices of elected and
administrative officials in Washington DC and at the national level.
Our multifaceted and bipartisan team of experienced public policy advocates looks forward to serving as a
strategic policy partner and advance your priorities, including seeking federal support for wildfire mitigation,
affordable housing, EV charging infrastructure and buses, ski fees, climate initiatives and COVID-19 pandemic
relief.
We have deep roots with a local presence in Colorado since 1989. Our professionals in the Denver office have
been associated with local, state and federal policy matters for more than 30 years in both elected and
appointed capacities. The breadth of our local government representation in Colorado and Washington DC
assures broad-based and bipartisan contacts in Congress and the administration, as well as in the state and
within local government. This combination of substantive and political capabilities, coupled with our experience
in representing public sector clients, distinctively qualifies us to assist with a robust government affairs program
focused on achieving economic, environmental and social goals for residents and businesses.
Among our Policy Practice is a team of experts that forms our dedicated Transportation, Infrastructure, and
Local Government (TILG) Practice. The work of this group further substantiates our qualifications to consult
and advise on federal public policy agenda. Our TILG practice has a long and consistent record of success
representing cities, counties, municipalities, airports, transit and commuter rail agencies, water districts, and
other public agencies on matters across the full spectrum of funding, policy, regulatory, and safety compliance
issues. As your leadership group is aware, among our representations are the State of Colorado, Summit
County and several of its Towns, and other Colorado public entities and municipalities.
Our achievements include consistent, high-level success in securing federal resources to support locally
significant projects and priorities. In this dynamic time in Washington DC and across the country, our team has
worked tirelessly to ensure the needs of cities and municipalities are accounted for in any enacted legislation.
Over the last two years, Mara Sheldon and Mike Dino have worked closely with the Summit County and the
Towns of Silverthorne, Dillon, Frisco and Breckenridge to assist with grants, including the Main Street grants
we helped to secure for both Frisco and Breckenridge, along with meetings and outreach to state and federal
officials to advocate for funding to be included in the House Appropriations Bill and was successful for securing
close to $1 million of funding support in community projects which included the Search and Rescue and Vehicle
Storage Center in Frisco, as well as for the Sheriff’s office’s SMART program. We have advocated regarding
local US Postal Service issues and secured seats for Frisco on the COVID-19 Rural Economic Adaptation and
Futures Committee and one of Summit County’s Commissioners on the state’s new Affordable Housing
Transformational Task Force Subpanel. In our work together, we have proven to be a partner at every level of
government.
Through our current representation of Governor Polis’ Office, we have demonstrated our capabilities and
substantive expertise to help the Governor deliver on his promises to Coloradans. In particular, we made
extraordinary efforts during the COVID-19 pandemic to help the Governor stay abreast and on pace with
evolving changes and truly proved that we are a trusted partner through adversity, uncertainty and
unprecedented situations. We are proud to contribute to helping the Governor create a strong economy,
sustainable communities and numerous opportunities for jobs, education and enhancing the health and
wellness of Coloradans.
When cities were initially not included as beneficiaries of the Coronavirus Relief Fund in the recently enacted
Coronavirus Aid, Relief, and Economic Security (CARES) Act, we worked closely with the US Conference of
Mayors and the National League of Cities to ensure that local governments received their portion of the
$150billion fund to respond to the coronavirus. Most recently, we have worked with our allies on the $1.9 billion
American Rescue Plan, which provided $360 billion for direct state and local funding along with emergency
rental assistance and funding for transit, water and sewer utilities, broadband, nutrition, and healthcare, and
the Infrastructure Investment and Jobs Act (IIJA), which is being implemented and will usher in historic
transformation and modernization of America’s physical infrastructure that are the bloodlines for keeping the
economy and people moving toward a better future.
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 2
We are deeply committed to our client service principles, and we understand and respect the unique nature of
public agency representation, and, as such, we are ever mindful of our role as an extension of the elected and
administrative leaders of the Towns of Vail, Avon & Eagle County. Our clients trust our advice and counsel
because of our integrity and discretion, and they know our interactions with federal officials will always reflect
positively on their behalf. The successes of the public entities that choose to work with our firm, and our long-
term representation through changes in local political administrations, attest to the quality of service we provide
and the results we achieve.
About Squire Patton Boggs
Originally established as Squire Sanders in 1890, SPB has grown into a global law firm with over 1,500
attorneys practicing in 45 offices in 20 countries. SPB maintains a strong financial standing. Our Public Policy
Practice is based in Washington DC with strong local presence in Colorado. In addition to our active presence
in Colorado and Washington DC, we have 15 offices across the US, where our public policy advocates maintain
and build diverse relationships and leverage these connections strategically in support of clients’ objectives.
We can confirm that we have no conflicts of interest and are in a position to commence work immediately.
We trust that the information contained in the remainder of our proposal demonstrates that we are well qualified
to provide the Towns of Vail, Avon & Eagle County comprehensive, high-quality and cost-effective public policy
services, but moreover, we would like to become a long-term strategic partner with you. Please do not hesitate
to contact Mara Sheldon if further information is required.
Mara Sheldon
Senior Policy Advisor, Denver
T +1 720 840 1638
mara.sheldon@squirepb.com
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 3
Why Choose Us
We stand ready to support the leadership team of the Towns of Vail, Avon & Eagle County. You can expect
from our team:
Insight – Our Public Policy Practice includes former elected and appointment government leaders,
congressional staffers and numerous senior officials who have served in the federal government and in
state and local governments. Our insider awareness of the broader policy environment allows us to
identify and engage industry or political support for a client’s position. These former government leaders
are available to support our client service teams when enhanced support is needed to achieve certain
objectives.
Approach – Our approach is predicated on an effective combination of public policy expertise and
strategic advocacy capabilities. We are bipartisan and maintain relationships on both sides of the aisle
at all levels of government. We are known for our creativity and “thinking outside the box” approach in
raising the expertise and profile of our clients’ brand to determine how it can align with federal and other
trends while meeting their own long-term goals.
Expertise – We have historic and substantive understanding of the big picture and nuanced issues of
the congressional legislative process given the diversity of our clients. At a technical and substantive
level, we regularly draft proposed legislation and other legislative materials, including speeches for
elected officials, Dear Colleague letters, and legislative language (e.g., report inserts and amendments
to pending legislation). We also advise government officials and staff on rules of procedure and strategies
for helping our clients achieve their public policy objectives.
Reputation – We are highly ranked for our public policy advocacy and government relations capabilities
at the US federal level (e.g., recognized in Chambers & Partners and Legal 500, among other reputable
publications). We have the breadth and depth of experience accumulated through representing a diverse
set of clients in the public and private sectors over six decades.
Federal Public Policy Services
Overview of Our Local Government Practice
We use our technical expertise, procedural knowledge, and broad and deep relationships in Congress and the
Executive Branch to develop strategic solutions that are based on its merits and are politically viable. We work
closely with local officials to plan and pursue a comprehensive and assertive federal strategy in Congress, with
the Executive Office of the President, and at federal agencies. We regularly work with the US Department of
Transportation (USDOT), Office of Management & Budget (OMB), the Federal Communications Commission
(FCC), the Department of Homeland Security (DHS), the Department of Health and Human Services (HHS),
the Department of Housing and Urban Development (HUD), the Environmental Protection Agency (EPA), the
Department of Commerce, the Department of Education, and other federal agencies. Our capabilities ably
cover any anticipated services within the scope of this representation.
In addition to consistently forging and fortifying relationships with the federal government, our network of
contacts extends well into key political organizations, such as the National Governors Association, US
Conference of Mayors, National League of Cities, and other policy influencing organizations, associations,
business councils, think tanks, nonprofits and nongovernment groups.
The breadth of our local government practice affords unique advantages to our clients through broad-based
and bipartisan/nonpartisan relationships in Congress, the White House and federal agencies, as well as with
coalition-building and information sharing.
Proposed Scope of Work and Our Qualifications
Provide Outreach and Education to Members of Congress on Important Issues
Even with our extensive network of connections, our advocacy relies on more than relationships. The driving
forces behind effective federal advocacy are substantive knowledge, well-honed insights, and hard work – all
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 4
leveraged to advance client priorities. Additionally, the closely divided House and Senate majorities, and the
potential for change as a result of this year’s midterm elections, demands that any government relations
strategy includes outreach and alliances beyond the client’s congressional delegation. As your federal
representative, we would work to:
Serve as a liaison with the White House, congressional, and federal agency/regulatory officials;
Maintain regular communication with your congressional delegation, especially with the offices of
Congressman Neguse, Congresswoman Boebert, and Senators Bennet and Hickenlooper on funding
and other issues prioritized by you; and
Maximize the firm’s strong ties to congressional leadership, members of appropriating and authorizing
committees, and federal agency and White House officials to foster relationships that will help in
achieving your goals and enhance the reputation of the Towns and the County in Washington DC.
Building upon our experience, we would implement the following approach to assist you with the strategic
layout, development, and implementation of a comprehensive and proactive work plan designed to achieve
success on issues of mitigating wildfire risks, making housing affordable, developing EV infrastructure, boosting
the ski economy, acting on climate initiatives and continuing to revive from the pandemic. This would include
identifying and securing federal funding for projects and programs, identifying and analyzing changes in federal
funding for new and existing programs, and communicating with relevant agency staff and elected officials
about the impact of federal funding. We would also identify and analyze legislation and agency policies that
would impact the Towns and the County.
We closely track the development of funding, legislative, and regulatory opportunities related to the objectives
and interests of our clients, including those outside their designated priorities. We would identify those issues
that may influence your objectives and implement or adapt our strategy based on those objectives. We also
advise our clients on changes to the political landscape – as this year’s midterm elections are fast approaching
– and their potential impact on client priorities, and we would recommend any corresponding alterations to the
federal strategy based on such changes.
Monitor and Identify Federal Funding Opportunities
We would monitor federal funding opportunities for the following priority areas for the Towns of Vail, Avon and
Eagle County:
Wildfire mitigation
Housing
EV charging stations and buses
Ski fees
Climate initiatives
COVID
Our extensive relationships with key members of the House and Senate, in particular those of whom with
purview on budget authorization and appropriations matters, as well as contacts within the White House,
including the Office of Intergovernmental Affairs (IGA), and relevant federal agencies, such as USDOT, EPA,
HUD, among others, will productively support our pursuit of federal funding opportunities. Further, the
investment we made into building ties with influential private sector and non-governmental organizations and
our understanding of how best to leverage those connections will enhance our advocacy efforts and increase
your funding potential.
Grant Opportunities
We provide our municipal clients with eligible grant opportunities as they become available. Additionally, we
have provided targeted information anticipating grant opportunities in the coming year.
An additional example, we provide briefings on grant opportunities such as the USDOT BUILD grant, and last
year, with our help, a Georgia county received a $25 million BUILD grant for a transit project.
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 5
Perhaps more valuable is a view of the long-term success we are able to achieve with clients who have retained
us, and Denver RTD is top among the list. In our 20-year relationship with RTD, we have championed its federal
priorities to secure nearly $3.3 billion via five full funding grant agreements under Capital Investment Grant
program, four Transportation Infrastructure Finance and Innovation Act (TIFIA) loans, and the first-ever
Railroad Rehabilitation & Improvement Financing (RRIF) loan for an intermodal station, along with numerous
programmatic and legislative victories.
Annually, SPB provides approximately 350 grant notices to our clients.
Proactively Defend Local Revenue
Given the work we do with a broad array of municipalities, we understand the importance of protecting local
revenue. For example, in recent years, we worked extensively with an ad hoc coalition of interests to defend
against renewed legislative efforts that would exempt online travel companies from a portion of local and state
hotel taxes.
We also supported the successful repeal of legislation requiring municipal governments that expend more than
$100 million in outside contracts to withhold three percent from all payments for goods and services, which
would have imposed new administrative and potential contract costs for our local government clients.
We have also been active in the online sales tax debate, supporting various legislative efforts that would grant
states the authority to compel remote sellers to collect sales tax at the time of a transaction. Beginning with the
Marketplace Fairness Act, which evolved into the Remote Transactions Parity Act, and, most recently, the
Online Sales Simplification Act of 2016, members of our team have been at the center of the debate - including
at the highest levels - advocating that Congress pass this much-needed legislation.
We also closely monitor telecommunications legislation and activity at the Federal Communications
Commission to protect local rights of way and local authority to impose franchise fees.
The Towns of Vail, Avon & Eagle County can benefit greatly from a robust e-commerce infrastructure, for which
proactive advocacy efforts such as we have described above will be critical.
Most recently, we worked to ensure COVID supplemental funding requested by the Administration was not
clawed-back in the FY22 omnibus bill by using previously allocated American Rescue Plan (ARP) funds for
state and local governments. Ultimately, the COVID funding was pulled out of the omnibus bill. Other areas of
existing unused funds that have been allocated through ARP is being looked at as a means to fund the
Administration’s request for additional long-term COVID funding.
Communication and Interaction During Representation
Serve as Your Eyes, Ears and Voice
In Congress, we regularly participate in smaller group sessions with House and Senate leadership staff seeking
our input or assistance on priority topics. These relationships enable us to reach out beyond the natural
constituency of a client’s own delegation and raise the profile of client interests with other influential members.
We regularly work with leadership, members, and professional staff of: the Senate Environment and Public
Works Committee; the House Transportation and Infrastructure Committee; the House and Senate
Appropriations Committees; the Senate Health, Education, Labor and Pensions Committee; and the House
Education and Labor Committee.
With the Executive Branch, members of our team participate in regular meetings with the Intergovernmental
Staff at the White House. We regularly work with the Office of Management & Budget (OMB), the Federal
Communications Commission (FCC), the US Department of Homeland Security (DHS), the US Department of
Housing and Urban Development (HUD), the US Department of Transportation (DOT), the US Department of
Commerce, and other federal agencies.
While these relationships are one measure of effective public agency representation, we believe the key to
successful advocacy is substantive expertise and hard work – backed by strong and credible policy analysis,
effective and sensible messaging on the issues, and strategic collaboration. Importantly, we also work
substantively with think tanks and other non-traditional opinion leaders, what we consider “policy influencers,”
to proactively leverage our voice on our clients’ behalf.
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 6
Our policy professionals are regularly on Capitol Hill monitoring issues for our clients and communicating with
key officials and staff. One of the most significant benefits we offer to clients is that we are often privy to
information before it is public, due to our expansive network of relationships.
Interaction with the Towns and County Leadership
Our experience has taught us that regular lines of communication should be established in order to promote
accountability and best handle rapidly developing and complex issues. Ongoing communication and interaction
allows us to help generate ideas, measure progress, and better adapt strategies to achieve federal policy
objectives.
We would maintain regularly scheduled conference calls (or virtual meetings) with the Towns and County
leadership and endeavor to make these interactions goal-oriented to ensure accountability on work performed,
federal and client developments, and plans for the immediate future. These activities will be accompanied by
regularly provided information and news updates for general distribution.
More specifically, we would:
Provide status reports on top priority items in the advocacy plan;
Deliver presentations to the Towns and County leadership, as required;
Prepare topical reports assessing impacts of legislative and administrative proposals;
Provide forecasting reports and recommendations on upcoming legislative priorities on an annual basis;
Establish clear and efficient communication channels using technology mutually available to the Towns,
the County and us.
Advise on Federal Legislative Issues that May Arise Outside of the Legislative Session, and As
Necessary, Attend Legislative Interim Committee Meetings of Importance and Issue Report
Our representation would be year-round and not just limited to when Congress is in session. We would
continuously monitor legislative and regulatory developments throughout the calendar year and attend
meetings that would be relevant to the federal advocacy agenda. We would utilize the mutually agreed upon
communication channels and methods to timely provide feedback, analysis, and advice to the leadership team.
Advice Regarding Miscellaneous Intergovernmental/Legislative Issues
We are prepared to look broadly and around corners to advise on all issues that could be relevant to your
federal legislative agenda. For similar local government clients, we have ample experience advising on issues,
including but not limited to:
Budgeting, appropriations and grants
Federal legislation, including help create new legislation or positioning clients in advantageous position
in existing legislative or regulatory process
Housing and community development
Public safety and homeland security
Taxation and finance/protection of Revenue Sources
Water
Parks, recreation and rivers
Cannabis
Annual Fly-in Assistance
We will assist your leadership team with preparation, coordination and facilitation of one annual visit to
Washington DC for in-person meetings with the Colorado federal delegation, other key federal officials and
their senior staff members, and additional stakeholders. Our Denver-based core team will travel with the
leadership team. In addition, as a client, the leadership team has the added advantage of having access to our
Washington office facilities and amenities to use while in town.
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 7
In addition, as our core team is based in Denver, we are well positioned to help your leadership team with
arranging and preparing for meetings in Colorado with Congressman Neguse, Congresswoman Boebert, and
Senators Bennet and Hickenlooper.
Proposed Team
We propose a Core Team to perform the day-to-day tasks and interact directly with the leadership team. Mara
Sheldon will lead a core team of Denver public policy professionals with extensive federal lobbying experience
and relationships. A group of strategic advisors will support the core team on an as-needed basis to provide
advice on relationship-based advocacy and on any technical aspects of achieving your public policy agenda.
Below, team members names are linked to their online biographies.
Core Team Leader
Mara Sheldon
Senior Policy Advisor, Denver
+1 720 840 1638
mara.sheldon@squirepb.com
Mara Sheldon previously served as Communications Director and spokesperson for Governor Jared Polis’
successful gubernatorial campaign. She has close working relationships with members of the Colorado
congressional delegation as well as with the senior members of the Biden Administration. She currently
represents the State of Colorado at the National Governors Association.
Core Team
Mike Dino
Principal, Denver
Mallory Richardson
Public Policy Advisor
Mike Dino has worked with local governments including their elected leadership and administrative
management since 1991. He helped start the Metro Mayors Caucus when he worked in Denver Mayor
Wellington Webb’s Administration and oversaw government affairs on the local, state and federal levels.
Since joining SPB in 1997, Mike continues to work closely with local government officials, advising them
on federal policy matters as well as representing clients before them.
Mallory Richardson monitors legislative and regulatory activities while assessing potential outcomes
and strategies for local government clients, private sector companies and non-profits. She also assists
clients in identifying and securing federal funding opportunities.
Budget
We propose an annual budget of $120,000 from May 1, 2022 through April 30, 2023, and will invoice our
services at the fixed monthly retainer rate of $10,000 (Monthly Retainer). The Monthly Retainer absorbs all
routine administrative costs. Out of state travel costs and out-of-pocket expenses related to the one annual trip
to Washington DC will be invoiced separately.
In order to ensure that our scope of work consistently aligns with this Monthly Retainer, we propose as a first
step in our engagement for SPB to meet with the leadership team and discuss in detail the anticipated scope,
measure of success and deliverables. As a follow on step, we propose a mid-year performance review and to
ensure the Monthly Retainer continues to align with the scope of work, and make adjustments as needed.
SPB complies with all legal requirements related to its advocacy work.
ATTACHMENT A: Service Proposal
Squire Patton Boggs | Proposal to Towns of Vail, Avon & Eagle County P 8
We would be honored to partner with the Towns of Vail, Avon & Eagle County to achieve your short-range and
long-term federal advocacy goals. We look forward to discussing our proposal with you. Please do not hesitate
to contact Mara Sheldon with any questions.
ATTACHMENT A: Service Proposal
C:\Users\kzli\Downloads\FINAL_Vail Avon Eagle Co Federal Public Policy Services Proposal.DOCX
squirepattonboggs.com
Local Connections.
Global Influence.
ATTACHMENT A: Service Proposal
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Justin Hildreth, Town Engineer
RE: Notice of Award –Emergency Notification System Sirens
DATE: June 9, 2022
SUMMARY: Council has identified the establishment of an effective emergency notification system for the
Wildridge-Wildwood-Mountain Star neighborhoods as a high priority, especially with the dramatic increase
of frequency and severity of wildfire events over the last several years. After further research by Staff and
review by the Avon Planning and Zoning Commission, a series of sirens is recommended as the most
effective emergency notification system for this area. Staff presents the Notice of Award for the Emergency
Notification System Sirens to Sentry Siren, Inc. in the amount of $131,432.18 for Council approval. This
phase of the project includes the purchase and installation of (5) sirens at the following locations:
Tract J, Wildridge 5700 Wildridge Road East
O’Neal Spur Park Old Trail and June Creek Roads
Saddleridge Apartments 2120 Saddleridge Loop
Public Works Annex 1091 Wildwood Road
Mountain Star 1875 Paintbrush
Additional information regarding the emergency notification system and locations can be found in the
accompanying Minor Development Plan application memo. A Site Location Map is included below.
DISCUSSION: Staff recommends the project be awarded to Sentry Siren, Inc. based on research
conducted by the Engineering Department and Chief Daly and to maintain continuity with systems already
installed in the area, including Bachelor Gulch and Wildridge. The Tract J and Mountain Star sirens are
located on sites with existing Eagle River Water and Sanitation District (ERWSD) infrastructure. ERWSD
requires the sirens not share electrical facilities to prevent interference with their critical infrastructure. As a
result, a new transformer and electrical service will be required for the Tract J siren and a new electrical
service will be required for the Mountain Star location. The Mountain Star siren will be located on ERWSD
property and ERWSD is amenable to approving an easement agreement for the siren.
CONSTRUCTION SCHEDULE: The proposed work is scheduled to be completed in 2022 in time for the
2023 wildfire season.
FINANCIAL CONSIDERATIONS: The purchase and installation of the emergency notification sirens will
be funded from the 2022 Capital Projects Fund, Emergency Warning Siren Project budget of $328,000.
The Project budget is shown in Table 1 below:
Table 1: Emergency Warning Siren Construction Budget
2022 Budget $328,000
Siren Purchase and Installation $131,432.18
Electrical System Improvements $179,067.82
Utility Pole Installation $17,500
Total $328,000
970-748-4045 jhildreth@avon.org
SITE LOCATION MAP
RECOMMENDATION: I recommend Council approve the Notice of Award to Sentry Siren, Inc. for the
purchase and installation of emergency notification sirens in the amount of $131,432.18.
PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the installation of emergency
notification sirens to Sentry Siren, Inc. in the amount of $131,432.18.”
Thank you, Justin
970-748-4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Eric Heil, Town Manager
RE: Resolution 22-14 Extending the Ad Hoc Finance Committee
DATE: June 9, 2022
SUMMARY: Resolution No. 22-14 Extending Resolution No. 19-15 Approving an Ad Hoc Finance Committee
is presented for Council consideration. Resolution 22-14 extends the Ad Hoc Finance Committee to December
31, 2024.
BACKGROUND: Council established the Ad Hoc Finance Committee in 2019 which was initial designated
with a two year term. The existing Finance Committee members all expressed interest in continuing this Ad
Hoc Finance Committee. There are several financial issues in the near horizon for review by the Finance
Committee, including the EPS Fiscal Impact Analysis update, review of the potential RTA tax, Use tax and
Marijuana tax, review of financial matters in the Village (at Avon), and continuing review long-range financial
matters that may affect the Town of Avon.
Current members of the Ad Hoc Finance Committee include: Steve Coyer, Linn Brooks, Dee Wisor, Markian
Feduschak, and Craig Ferraro. All members have indicated an interest in continuing with this committee.
Mayor Sarah Smith Hymes and Council member Scott Prince are ex-official Council members on this
committee. All appointments to various boards and committees would be reconsidered at the first meeting
after the appointment of the new Council in November, 2022.
RECOMMENDATION: I recommend approving Resolution No. 22-14 Extending Resolution No. 19-15
Approving an Ad Hoc Finance Committee.
PROPOSED MOTION: “I move to approve Resolution No. 22-14 Extending Resolution No. 19-15 Approving
an Ad Hoc Finance Committee.”
Thank you, Eric
ATTACHMENT A: Resolution 22-14 Extending Ad Hoc Finance Committee
ATTACHMENT B: Resolution 19-15 Approving an Ad Hoc Finance Committee
Page 1 of 1
FINAL
RESOLUTION NO. 22-14
EXTENDING RESOLUTION NO. 19-15 APPROVING AN AD HOC
FINANCE COMMITTEE
WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and
political subdivision of the State of Colorado (“State”) organized and existing under a home rule
charter (“Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, Section 11.2 of the Charter authorizes the Town Council to create advisory
boards; and
WHEREAS, by Resolution 19-15 the Town Council created an Ad Hoc Finance Committee;
and
WHEREAS, the Town Council finds that the Ad Hoc Finance Committee provides valuable
important review, research and advisory functions with regard to the financial understanting of
the Avon community; and
WHEREAS, the Town Council finds that the Ad Hoc Finance Committee has promoted
citizen understanding and involvement in the Town financial matters and will thereby promote
the health, safety and general welfare of the Avon community.
NOW THEREFORE, the Town Council, hereby RESOLVES to extend Resolution No.
19-15 approving an Ad Hoc Finance Committee until 2024, by amending Section 16.
Expiration. to expire on December 31, 2024 unless terminated earlier by Town Council
resolution or unless the expiration date is extended by Town Council by resolution.
ADOPTED June 14, 2022 by the AVON TOWN COUNCIL
By:_______________________________ Attest:_________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ATTACHMENT A: Res 22-14 Extending Finance Committee
Avon
C O L O R A D O
RESOLUTION NO. 19- 15
APPROVING AN AD HOC FINANCE COMMITTEE
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and
political subdivision of the State of Colorado (the "State") organized and existing under a home
rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and
WHEREAS, Section 11.2 of the Town's Home Rule Charter authorizes the Town Council to
create advisory boards and does not prohibit Town Council members from serving on non-
permanent advisory boards as ex -officio members; and
WHEREAS, the Town Council finds that an Ad Hoc Finance Committee will provide
valuable important review, research and advisory functions with regard to the Town's financial
structure and local economy; and
WHEREAS, the Town Council finds that the establishment of an Ad Hoc Finance
Committee will promote citizen understanding and involvement in the Town's financial
structure, serve to grow trust with the Town's government, assure transparency, and will thereby
promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, the Town Council, hereby RESOLVES to create the Ad Hoc
Finance Committee, as follows:
Section 1. Establishment, Purpose and Duties. There is hereby established the Ad Hoc
Finance Committee ("Finance Committee") of the Town. The purposes and duties of Finance
Committee are as follows:
a) To review, research and study the Town's tax and fee structure and sources of revenue,
including but not limited to: (i) comparisons to both incorporated and unincorporated
peer communities, (ii) potential volatility associated with various revenue sources, and
iii) determining the percentage of revenues attributable to residents, second home
owners, visitors and businesses;
b) To review, research and study the Town's economy as it relates to the Town's finances;
c) To prepare reports as appropriate to assist the Town Council and the general public to
better understand the Town's finances;
d) To make recommendations to the Town Council consist with this Resolution; and,
e) To perform such other tasks related to the Town's finances as the Town Council may
request.
Section 2. Membership. Finance Committee shall be composed of five (5) to nine (9)
appointed by the Town Council and who shall shall be eligible to cast votes as voting members
on the Finance Committee ("Voting Members") and two (2) ex -officio non-voting members of
Council ("Ex -Officio Non -Voting Members") appointed by Town Council.
Page 1 of 3
ATTACHMENT B: Res 19-15 Finance Committee
Section 3. Qualification of Voting Members. Residents of the Town, property owners in
the Town, and owners and employees of a business located in the Town are eligible to be
appointed as Voting Members. Appointments shall be made jointly by the Mayor and Mayor -
Pro Tem after posting notice of a vacancy for at least twelve (12) days.
Section 4. Qualification of Ex -Officio Non -Voting Members. Council members shall be
eligible for appointment to the two (2) Ex -Officio Non -Voting Members. Appointments shall be
made by Town Council. The term of office for Ex -Officio Non -Voting Members shall coincide
with each appointed Town Council member's term or the expiration of the Finance Committee,
whichever is shorter. Ex -Officio Non -Voting Members shall have the equal right to participate
at Finance Committee meetings and equal right to receive all Finance Committee materials and
notices of Finance Committee meetings, but shall not have any right to vote on
recommendations, advisory matters, or other actions of Finance Committee.
Section 5. Quorum. Three (3) Voting Members of Finance Committee shall constitute a
quorum for the transaction of business, but in the absence of a quorum, a lesser number may
adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff
member may adjourn any meeting to a later time or date.
Section 6. Term. The term of office for a Voting Member shall be temporary and indefinite
for the duration of the Finance Committee. A Voting Member of Finance Committee who ceases
to possess the qualifications for office that the Voting Member possessed at the time of
appointment may be permitted by the Town Council to serve until the end of the appointed term,
provided that the Finance Committee member continues to reside in Eagle County. Any member
of Finance Committee may be removed by Town Council pursuant to Section 8 - Removal
from Office, below.
Section 7. Vacancies. A vacancy on Finance Committee shall occur whenever a member of
Finance Committee is removed by the Council, dies, becomes incapacitated and unable to
perform the required duties for a period of ninety (90) days, resigns, ceases to meet the
qualifications of Finance Committee and is not permitted by Council to serve until the end of the
existing term or is convicted of a felony. In the event a vacancy of a Voting Member occurs, the
Mayor and Mayor Pro Tem shall jointly appoint a successor to fill the vacancy who shall serve
the remainder of the term of the former member after posting notice of such vacancy to solicit
interest from qualified persons. Council shall appoint Council members to fill any vacancy in an
Ex -Officio Non -Voting seat.
Section 8. Removal from Office. Any member of Finance Committee may be removed for
just cause at the pleasure of the Town Council by a majority vote of the entire Town Council in
office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of
a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2)
unexcused absences within a twelve-month period. Prior to removal, Town Council shall
conduct a hearing and shall provide written notice to the Finance Committee member stating the
grounds for removal at least three (3) days prior to the hearing.
Section 9. Officers. Finance Committee shall select its own Chairperson and Vice -
Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding
officer of its meeting. In the absence of both the Chair and the Vice -Chair from a meeting, the
Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting.
Page 2 of 3
ATTACHMENT B: Res 19-15 Finance Committee
Section 10, Compensation. All members of Finance Committee shall serve with
compensation and benefits, if any, as may be established by the Town Council and shall be
reimbursed for all authorized personal expenses incurred while performing duties as a Finance
Committee member.
Section 11. Staff. The Town Manager shall designate Town staff to serve as the staff of
Finance Committee and shall provide for the service of a recording secretary who shall act in the
capacity of secretary for Finance Committee.
Section 12. Rules and Regulations. Finance Committee shall operate in accordance with its
own rules of procedure; provided, however, that Finance Committee shall submit its proposed
rules or any amendment to the rules to the Town Council, which by motion shall approve the
rules or amendment and direct their adoption by Finance Committee or disapprove the proposal
with directions for revision and resubmission. The rules shall incorporate and comply with the
Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal
Records Retention Schedule as such are adopted and implemented by the Town. The rules shall
be filed with the Town Clerk and maintained in the records of the Town and shall be subject to
public inspection. Finance Committee may provide for certain variances, exceptions and
exemptions from the requirements of its rules and regulations.
Section 13. Meetings. Finance Committee shall meet in accordance with the rules of
procedure governing Finance Committee and otherwise upon the call of the Chairperson or, in
the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of
the Town, unless otherwise specified, with adequate notice given to all interested parties.
Section 14. Appropriation Authority. Finance Committee shall not have authority to
appropriate or spend Town funds. Finance Committee may provide recommendations to the
Town Manager and/or Town Council with regard to the annual budget for financial studies.
Section 15. Council Amendments. Town Council reserves the right to amend, increase,
reduce or change any or all of the powers, duties and procedures of Finance Committee.
Section 16. Expiration. The Finance Committee is a temporary, non -permanent advisory
board and shall automatically expire on January 31, 2022 unless terminated earlier by Council
resolution or unless the expiration date is extended by Council by resolution.
ADOPTED July 9, 2019 by the AVON TOWN COUNCIL
o
OFA
By: n Attest:-1%/a0iY1/S
1
Sarah Smith Hymes, ' ayor Brenda Torres, Town Cler
Page 3 of 3
ATTACHMENT B: Res 19-15 Finance Committee
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eric Heil, Town Manager
RE: Ord 22-03 Grading Permits
DATE: June 8, 2022
SUMMARY: Ordinance No. 22-03 is presented to Council for second and final reading. Ord. 22-03 amends
the Avon Building Code in Title 15 of the Avon Municipal Code to establish the general rule that grading
permits will not be issued without a building permit. Several exceptions are provided to this general rule
including when a Public Improvement Agreement is in place as approved by the Town Council or less than
100 cubic yards of material are excavated.
Traer Creek expressed a desire to allow administrative approval of grading permits due to the potential for
some site grading or over lot grading to take place if appropriate to prepare property for future
development. Staff held several discussions with Traer Creek and considered their proposed language
changes. Staff supports extending administrative review for grading permits to those areas of the Village (at
Avon) in which administrative subdivision has been expressly approved. These areas include Planning
Areas A, B, C, D, E, F and J. These Planning areas include the parcels on the valley floor and are depicted
in red, brown, pink and purple. All of these areas have already been disturbed by past development
activities, do not include forested areas and do not include steep hillsides.
Portion of Village (at Avon) PUD Map
Page 2 of 2
The proposed language in Ord 22-03 would add the following sentence to the Grading Permit Section of
the building code.
Section J103.1, Permits required, is amended by adding the following sentence:
“Except as provided herein no grading permit shall be issued unless: (1) a Public
Improvement Agreement or Security Agreement is approved by Town Council; or (2) less
than 100-cubic yards of material is excavated. Grading Permits may be issued
administratively for the Village at Avon Planning Areas A, B, C, D, E, F, and J which are
designated Administrative Subdivision Areas in the Village at Avon PUD Guide provided a
Grading Permit and Security Agreement is approved by the Town Engineer. All Grading
Permits issued pursuant to this provision shall comply with this Appendix J as amended
and such other requirements of general applicability as may be adopted by the Town.”
Traer Creek suggested the following language:
“Except as provided herein no grading permit shall be issued unless: (1) a Public
Improvement Agreement or Security Agreement, as applicable, is approved by
Town Council; or (2) less than 100-cubic yards of material is excavated. Grading
Permits may be issued administrativelyNotwithstanding the foregoing, grading
permits for theThe Village (at Avon) Planning Areas A, C, D, F, Jshall be subject
to Town of Avon Engineer review and P3 issuance (provided a Grading Permit and
Security Agreement is approved by the Town of Avon Engineer) pursuant to the
express criteria set forth in this Appendix J, excluding any criteria concerning
aesthetic and/or other matters which are within the purview of The Village (at
Avon) Design Review Board pursuant to the terms of The Village (at Avon)
Amended and Restated PUD Guide, as amended, and the Consolidated, Amended
and Restated Annexation and Development Agreement for The Village (at Avon),
as amended.”
Staff, with review of the Avon Town Attorney, felt this language was too broad in requiring administrative
review in all areas of the Village (at Avon) and too cumbersome and confusing with the reference to the
PUD Guide and CARADA (Development Agreement). Staff supports the language that allows for
administrative approval of grading permits for Planning Areas A, B, C, C, D, E, F and J because that tracks
the administrative review of subdivisions in the Village (at Avon) PUD Guide.
PROPOSED MOTION: “I move to approve Ordinance No. 22-03 Amending Section 15.08.160 of the Avon
Municipal Code Regarding Issuance of Grading Permits on second and final reading.”
Thank you, Eric
ATTACHMENT A: Ord 22-03 Amending AMC Section 15.08.160 Grading Permits
ATTACHMENT B: Appendix J – Grading Permits
ATTACHMENT C: Town Attorney Karl Hanlon memorandum
Ordinance 22-03 Amending Grading Permits
Page 1 of 3
ORDINANCE 22-03
AMENDING SECTION 15.08.160 OF THE AVON MUNICIPAL CODE
REGARDING ISSUANCE OF GRADING PERMITS.
WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political
subdivision of the State of Colorado organized and existing under a home rule charter
(“Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to Ordinance No. 13, Series 2018 the Avon Town Council (“Council”)
duly adopted the International Building Code as amended by the Town’s local amendments; and
WHEREAS, a local amendment codified at Avon Municipal Code § 15.08.160 provides for the
regulation and permitting of grading permits; and
WHEREAS, in certain circumstances some property owners have obtained grading permits
without subsequently obtaining a building permit thus creating blighted and incomplete
construction sites; and
WHEREAS, the Town Council of the Town of Avon has determined that it is in the best
interest of the Town of Avon to adopt an ordinance amending § 15.08.160 to prohibit the
issuance of a grading permit without the contemporaneous issuance of a building permit; and
WHEREAS, Council finds that amendments to grading permits will promote the health, safety
and general welfare of the Avon Community; and
WHEREAS, Approval of this ordinance on first reading is intended only to conform that
Council desires to comply with the requirement of Section 6.5(d) of the Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
and that approval of this Ordinance on first reading does not constitute a representation that
Council, or any member of the Council, has determined to take final action on this Ordinance
prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
ATTACHMENT A: Ord 22-03 Grading Permits
Ordinance 22-03 Amending Grading Permits
Page 2 of 3
Section 2. Amendment to Chapter 15.08.160. Section 15.08.160 is hereby amended to read
as follows with strike-out indicating language to be deleted and underline indicating language to
be adopted:
15.08.160 - Appendix J—Grading.
Section J101.1, Scope, is amended by adding the following sentence:
"Grading permits shall be permitted, regulated and enforced by the Town of Avon
Engineer.”
Section J103.1, Permits required, is amended by adding the following sentence:
“Except as provided herein no grading permit shall be issued unless: (1) a Public
Improvement Agreement or Security Agreement is approved by Town Council; or (2)
less than 100-cubic yards of material is excavated. Grading Permits may be issued
administratively for the Village at Avon Planning Areas A, B, C, D, E, F, and J which
are designated Administrative Subdivision Areas in the Village at Avon PUD Guide
provided a Grading Permit and Security Agreement is approved by the Town
Engineer. All Grading Permits issued pursuant to this provision shall comply with
this Appendix J as amended and such other requirements of general applicability as
may be adopted by the Town.”
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term " provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term " application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
ATTACHMENT A: Ord 22-03 Grading Permits
Ordinance 22-03 Amending Grading Permits
Page 3 of 3
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right , and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
MuniCode is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 8, 2022, and setting such public hearing for February 22, 2022, at 5:00
pm, or as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building,
located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ______________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on May 10, 2022.
BY: ATTEST:
____________________________ ______________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
APPROVED AS TO FORM:
____________________________
Karl J. Hanlon, Town Attorney
ATTACHMENT A: Ord 22-03 Grading Permits
ATTACHMENT B: Appendix J Grading
ATTACHMENT B: Appendix J Grading
ATTACHMENT B: Appendix J Grading
ATTACHMENT B: Appendix J Grading
www.mountainlawfirm.com
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Glenwood Springs, CO 81602
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323 W. Main Street
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Aspen, CO 81611
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*Direct Mail to Glenwood Springs
DATE: February 3, 2022
TO: Avon Mayor and Council
FROM: Karp Neu Hanlon, P.C.
RE: Ordinance 22-03 Amending Section 15.08.160 of the Avon Municipal Code
Regarding Issuance of Grading Permits.
Background: Attached please find Ordinance No. 22-03 regarding Amending Section 15.08.160 of
the Avon Municipal Code Regarding Issuance of Grading Permits.
Due to several projects having been issued grading permits that did not continue forward to vertical
development, Council directed staff to reevaluate the current grading permit process. The International
Building Code (IBC) with local amendments has been adopted by the Town and controls the issuance
and administration of not only building permits but grading permits. Per the Town Code the Town
Engineer issues and administers grading permits.
Working together the Town Manager, Attorney, Engineer, Community Development Director and
Building Official, developed the attached modification to Appendix J of the IBC. The amendment
provides that grading permits may only be issued in limited circumstances under which either very small
amounts of material are being moved or when security is provided pursuant to either a Public
Improvements Agreement or a Restoration and Security Agreement approved by Town Council.
The inclusion of security requirements on larger grading permits will provide a mechanism whereby the
Town can, if necessary, restore projects which have failed to move forward.
Ordinance No. 2022-03 was passed by Town Council on first reading on February 8, 2022.
Town Manager Recommendation: Town Manager recommends approval of Ordinance No. 2022-03.
Motion: “I move to approve Ordinance No. 2022-03 Amending Section 15.08.160 of the Avon
Municipal Code to Prohibit the Issuance of a Grading Permit Without the Contemporaneous Issuance of
a Building Permit.”
Attachments: Ordinance 22-03
IBC Appendix J
ATTACHMENT C: Hanlon Memorandum
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:01 Part One
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith
Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council
members present in person were Lindsay Hardy, Chico Thuon, Tamra Underwood, Scott Prince, RJ
Andrade, and Amy Phillips. Also present in person were Public Works Operations Manager Gary Padilla,
Recreation Director Michael Labagh, Chief of Police Greg Daly, CASE Manager Danita Dempsey, Interim
Town Attorney Karl Hanlon, Town Manager Eric Heil, and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:34 Part One
No changes were made to the agenda.
Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Underwood seconded the
motion and the motion passed with a vote of 7 to 0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:50 Part One
Councilor Underwood disclosed that she holds a short-term rental license, relevant to items 5.5 and 5.6.
as she has disclosed before.
Councilor Thuon disclosed he works for a company that is in the short-term rental industry.
Councilor Andrade disclosed he is property owner within the proposed overlay zone.
They all clarified it is not a conflict of interest, only a disclosure.
4. PUBLIC COMMENT
Video Start Time: 00:02:02 Part One
Mayor Pro Tem Phillips explained how to participate via video/audio, via telephone, or via email, and
that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes.
Eagle River Fire Protection District Fire Chief Karl Bauer was present in person and gave an update on the
wildfire conditions. He recommended to do not proceed with the fireworks given the potential danger.
He said besides fireworks, other potential fire starters are lightning and wind. He encouraged everyone
to sign up for the Eagle County alerts notifications at ECalert.org.
Kathleen Walsh, Avon resident, commented in person. She talked about her concern on the East Beaver
Creek Boulevard river track area that has become very pedestrian, and it has been trashed with cigarette
butts, and it is concerning with the fire conditions. She said even campfires happen in there and
suggested to patrol this area.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Taylor Gardarian, Eagle resident, commented in person. He talked about his non-profit organization, that
he founded in 2015, and constitutional oaths. Mayor Smith Hymes asked him to send an email to her and
Town Manager Heil to request time to talk about this topic in a future agenda and they will consider if it
is appropriate to be added.
No virtual comments were made.
5. BUSINESS ITEMS
5.1. ART AROUND AVON UPDATE (CASE MANAGER DANITA DEMPSEY)
Video Start Time: 00:35:25 Part One
CASE Manager Danita Dempsey presented a PPT presentation with the different art pieces that
will be displayed around town. Mayor Smith Hymes asked if there was any piece sold, CASE
Manager Danita Dempsey said no. She reminded the public about the Art-walk, happening on
June 10th starting with an artist reception from 5:00 pm-6:00 pm then a self-guided walking tour
from 6:00 pm-7:30 pm. She said there will be printed and a digital map as well.
5.2. OVERVIEW OF SUMMER EVENTS (CASE MANAGER DANITA DEMPSEY)
Video Start Time: 00:49:25 Part One
CASE Manager Danita Dempsey presented a PPT presentation on the 2022 special events. For
the Salute to the USA event, she echoed Chief Bauer’s recommendation and said staff does not
currently plan to include fireworks display in this event and staff is looking at some alternatives
such as a laser show and said that the main performer will be announced on June 3 rd. She
mentioned the Town Clean Up Day event coming up in June 4th 10:00 am-1:30 pm, including
free food and live music.
5.3. TOSS BOX PROPOSAL (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:08:36 Part One
Town Manager Heil introduced the topic and Matt Donovan, present in person, talked about his
proposal and answered questions from Council. He said this is an affordable way to dispose trash
and mentioned Avon will be the first community partner. Council discussed this is not a revenue
share but still paying sales taxes a community amenity. Town Manager Heil suggested to do a one-
year license agreement and revisit how it worked.
Councilor Prince moved to approve the Toss Box proposal and direct Staff to prepare a license
agreement with Toss Box to allow Toss Box to operate at the Lot 5 Recycle Center. Councilor Hardy
seconded the motion and the motion passed with a vote of 7 to 0.
5.4. PUBLIC HEARING: RESOLUTION 22-09 ADOPTING REGIONAL TRANSIT AUTHORITY INTERGOVERNMENTAL
AGREEMENT (TOWN MANAGER ERIC HEIL AND CHIEF MOBILITY OFFICER EVA WILSON)
Video Start Time: 01:31:21 Part One
Town Manager Heil presented and clarified to Council that they are not approving to sign the
Regional Transit Authority IGA, just approving the draft to go to CDOT. He explained the tax
rates.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve Resolution 22-09 Approving the Draft Regional Transit
Authority Intergovernmental Agreement. Councilor Andrade seconded the motion and the
motion passed with a vote of 6-0. Councilor Prince was away.
5.5. ORD 22-08 SHORT TERM RENTAL LICENSING (PLANNER MAX MORGAN)
Video Start Time: 01:41:15 Part One
Town Planner Max Morgan presented a short-term rental update and a recap of Ordinance 22-
08, which he said it has not changed since the last discussion. He answered several questions
from Council.
Councilor Thuon does not see how creating new rules that are probably not even be enforced,
will solve the problem of lacking long-term housing, and asked what the real mission is.
Councilor Andrade would like to keep the fee at $75. Councilor Hardy supported his comment.
Councilor Underwood said she would like to see an intention mission, focus on the life safety
issues that Fire Marshal Woodworth talked about, have a much better application to use for
data gathering, and learn whether they are allowed with the HOAs.
Mayor Smith Hymes called for public comments and Fire Marshal Mick Woodworth commented
in person. He talked about occupancy use and the fire code.
Rick Reiter, Avon resident, commented in person. He said he owns two units, one in L iftview
and one in Sunridge, being the second one an investment unit, and he and his partner were
debating whether to keep it long-term rental as it currently is or make it short-term rental. He
said he got his short-term rental license this week.
Al Bonneau, Avon resident, commented via Zoom. He said he is a second homeowner and he
talked about fees and taxes and said they seemed overly punitive and the mission seems unclear
Councilor Andrade moved to continue Ordinance 22-08 to the June 14th Council meeting.
Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor
Thuon was away.
5.6. ORD 22-09 SHORT TERM RENTAL OVERLAY ZONE DISTRICT (PLANNER JENA SKINNER)
Video Start Time: 00:00:01 Part Two
Town Planner Jena Skinner presented a PPT presentation including the town core map area and
answered several questions from Council.
Mayor Pro Tem Phillips requested staff to amend the application and start using it without
having to bring it to Council to be approved, just send to Council for review/comments. Town
Manager Heil said the application is very doable but working on information about water
conservation strategies, landscaping regulations, public operations, etc. will have to be
deferred and asked the Council retreat on June 3rd to be canceled to give time to the Community
Development Department to work on Ordinance 22-09.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Councilor Prince asked about the notification letter he requested to be sent out the last
meeting, and he requested to be mailed to all residents. Town Manager Heil confirmed it will be
sent out by Friday.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Andrade moved to continue Ordinance 22-09 to the June 14th Council meeting.
Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor
Thuon was away.
5.7. PUBLIC HEARING: EMERGENCY NOTIFICATION SYSTEM SIRENS FOR NORTHERN HILLSIDE COMMUNITIES OF
WILDRIDGE, WILDWOOD, AND MOUNTAIN STAR (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 01:25:54 Part Two
Planning Director Pielsticker presented via Zoom and summarized the locations for the new four
sirens.
Councilor Underwood asked about the battery power of the sirens. He confirmed they are
battery powered and there is electricity running to keep them always charged and in case of an
emergency and they shut down, they have a 30-minute life span. Councilor Andrade asked if
they are still planned to be tested once a month. Chief Daly confirmed, once a month for 7
seconds. Councilor Prince asked if all at once. Chief Daly confirmed and explained how they get
initiated.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve Case #MNR22009 an emergency notification system
for the northern hillside communities, together with the findings as recommended by the
Planning and Zoning Commission. Councilor Hardy seconded the motion and the motion passed
with a vote of 7 to 0.
5.8. HOLY CROSS AGREEMENTS (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 01:40:27 Part Two
Town Engineer Hildreth presented and explained the project.
Mayor Pro Tem Phillips asked if all the lines will be underground. He confirmed they are not.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Thuon moved to approve Resolution 22-12 approving Holy Cross Energy Underground
Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the East Harry A.
Nottingham Park Improvements Project and direct the Town Attorney to finalize easement
language with Holy Cross. Mayor Pro Tem Phillips seconded the motion and the motion passed
with a vote of 6 to 1. Councilor Prince voted no.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
5.9. NOTICE OF AWARD FOR METCALF CULVERT REPAIR (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 01:42:40 Part Two
Town Engineer Hildreth presented and said there will be traffic impacts during construction for
about 3-4 weeks.
Councilor Thuon asked about the life span of the other side of the pipe and if it has been
considered to change the whole pipe. Town Engineer Hildreth said it is in a good shape.
Councilor Prince confirmed this company is based in Denver and asked about housing plan for
their employees. He requested to make it conditional as part of the motion. Councilor
Underwood asked about the retaining wall.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince moved to authorize issuance of Notice of Award for the Metcalf Road Culvert
Repair Project contract to American West Construction, LLC in the amount of $566,400 and
additional submission of a satisfactory housing and transportation plan for workers. Councilor
Hardy seconded the motion and the motion passed with a vote of 7 to 0.
5.10. NOTICE OF AWARD FOR AVON ROAD TRAFFIC OPERATIONS ASSESSMENT (CHIEF MOBILITY OPERATIONS EVA
WILSON)
Video Start Time: 01:53:04 Part Two
Chief Mobility Operations Wilson presented and answered questions from Council.
Mayor Smith Hymes mentioned she has heard there are many accidents in that area. Mayor Pro
Tem Phillips asked if this would change the island as drivers keep illegally turning left from the
Riverfront Lane. Chief Mobility Operations Wilson explained and showed a diagram of the
delineators. Councilor Underwood said it is not only drivers turning left but speeding also.
Councilor Prince expressed his concern regarding the budget as there are other priorities such
as housing and the park improvements project. Councilor Thuon supported this and said is
money well spent as it is a safety issue. Councilor Underwood said she supports but insisted to
Chief Mobility Operations Wilson to add to work element 5 their alternative developments in
the evaluation, specifically add the roadway between roundabout 4 and 5 as a delivery goal,
they have to provide at least three alternatives and help to solve this problem.
Councilor Thuon moved to authorize the issuance of the Notice of Award for the Avon Road
Multimodal Operations Assessment project to Stolfus and Associates in the amount of $109,365
as approved by the Town of Avon Capital Projects Fund. Councilor Underwood seconded the
motion and the motion passed with a vote of 5 to 2. Councilor Prince and Councilor Andrade
voted no.
5.11. RES 22-07 ADA COORDINATOR (TOWN MANAGER E RIC HEIL)
Video Start Time: 02:11:24 Part Two
Town Manager Heil presented and said the only correction is that it will be Resolution 22-13 and
not Resolution 22-07.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to approve Resolution 22-07 (Resolution 22-13) Restating and
Reaffirming the Town’s Commitment to the Americans with Disabilities Act. Mayor Pro Tem
Phillips seconded the motion and the motion passed with a vote of 7 to 0.
6. MINUTES
6.1. APPROVAL OF MAY 10, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES)
Video Start Time: 02:13:04 Part Two
Councilor Hardy corrected some grammar.
Councilor Thuon moved to approve the May 10, 2022 as amended. Councilor Thuon seconded the
motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent in that meeting
and did not vote.
7. WRITTEN REPORTS
7.1. Monthly Financial Report (Finance Manager Joel McCracken)
7.2. Kayak Crossing Update (Eaglebend Dowd Housing Corporation)
7.3. May 3rd PZC (Planning Director Matt Pielsticker)
7.4. O’Neal Spur Park Reservations (Recreation Director Michael Labagh)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:14:13 Part Two
Mayor Smith Hymes talked about Pegasus services, for more details review the January 11th Council
packet. She said that on June 1st at 11:00 a.m. it will be the launch of the e-bike sharing at the Vail Library,
for more details review the April 26th Council packet.
Councilor Thuon requested a minute to reflect and say prayers for 18 children and the teacher that we
lost this morning in Texas.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 10:25 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 24, 2022
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
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:
Brenda Torres, Deputy Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
CASE COMMITTEE MEETING MINUTES
THURSDAY, MAY 19, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM
CASE COMMITTEE MEETING MINUTES, 19 MAY 2022 PAGE 1 | 3
1. ROLL CALL
Present- Committee Members: Committee Members Pedro Campos, Ruth Stanley, Thomas Walsh, Doug Jimenez
and Kim Hannold.
Town Council: Mayor Pro Tem Amy Phillips and Town Council Member Lindsay Hardy
Culture, Arts and Special Events Manager Danita Dempsey, Special Events Coordinator Chelsea Van Winkle and
General Government Intern Emily Myler
Absent: Committee Chair Lisa Mattis and Committee Member Justin Chesney
The meeting was called to order at 12:35 p.m.
2. PUBLIC COMMENT
No public comments were made.
3. MINUTES
Committee member Campos motioned to approve the minutes from February 17, 2022. Committee Member Jimenez
seconded the motion and it passed unanimously.
4. STAFF UPDATE
2022 Budget Amendment April 10
CASE Manager Dempsey said the budget amendment as well as the 2022 special events calendar presentation will go
before Town Council on May 24 and Committee members are invited to attend. She is requesting a budget increase which
will help fund the expanded Art Around Avon program as well as inflated prices for services like portable restroom rentals
and security.
The Committee commented/inquired:
A. Why did security costs go up so much?
B. How far in advance is security contracted?
CASE Manager Dempsey said security personnel wages have increased in 2022 due to many factors including a small
hiring pool in the area. There is only one security company that the Town works with frequently and the contracts begin very
far in advance of the event season.
Art Around Avon
CASE Manager Dempsey introduced the 2022 Art Around Avon program. The Committee members are invited to join a
reception and walking tour of all the new art on June 10. She added that both Eagle River Water and Sanitation District and
Speak Up, Reach Out are considering commissioning murals for buildings in town which are inspired by the success of the
2021 mural “Enjoy Life! / Disfruta la Vida” on the Avon Recreation Center.
The Committee commented/inquired:
A. Is the Art Around Avon increase just for new sculptures?
B. How many pieces will be in the Art Around Avon program?
CASE COMMITTEE MEETING MINUTES
THURSDAY, MAY 19, 2022
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CASE COMMITTEE MEETING MINUTES, 19 MAY 2022 PAGE 2 | 3
C. Can the art stay longer this year?
D. Will the roundabout 4 piece be larger than last year?
E. When does installation start?
F. Did any of 2021’s pieces sell?
CASE Manager Dempsey said the extra funds for Art Around Avon go towards stipends for artists as well as installing steel
bases and placard creation for every new piece. There will be 19 pieces in total, and each is brand new to the Town. Most
of the artists have already booked other locations for the art that was in Avon in 2021 so it can’t stay longer in Avon. She is
considering whether to make the roundabout 4 piece a permanent commission that is very large or continue to do temporary
installations. The deinstallation of old pieces begins Monday, May 23, and installation will be complete by June 10. None of
the art sold in 2021, and it seems that is typical compared to communities with similar programs.
Storm Drain Education and Historical Markers
CASE Manager Dempsey said the storm drain educational signs will begin before the Art Walk. Historical markers will go in
in July.
Avon Egg Hunt
CASE Manager Dempsey said she was happy with how the Egg Hunt turned out and more details are included in the post-
event debrief included in the Committee Packet (available at Avon.org).
Ultimate Après Avon
CASE Manager Dempsey said Ultimate Après Avon went smoothly as well and laid down a good foundation for a recurring
event. She is considering a date to hold it again next year and would like to move it away from the Egg Hunt, although it
seemed to work well. She would also like to move it off Lake Street.
The Committee commented/inquired:
A. The layout was good for a winter event
B. A lot of people there said they learned about the event through the radio
C. Some people heard about it day-of from the newspaper
D. The Saturday of Beaver Creek’s closing weekend is a good time for an annual event
E. The mix of vendors was good, although a few more beers would have been enjoyable
F. The ticketing strategy prevented anyone from feeling excluded
G. The location on Lake Street facing the Pavilion worked well, especially since the field can be muddy or snowy that
time of year
2022 Special Event Calendar
CASE Manager Dempsey went through the presentation and spoke about each event coming up in summer 2022. She
asked Committee Members to let her know if they can volunteer for Salute to the USA and there is an opportunity coming
up to do TIPS training to serve alcohol. It is likely that fireworks will not be included at Salute to the USA.
The Committee commented/inquired:
CASE COMMITTEE MEETING MINUTES
THURSDAY, MAY 19, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM
CASE COMMITTEE MEETING MINUTES, 19 MAY 2022 PAGE 3 | 3
A. How long will Dancing in the Park be?
B. Ephrat Asherie Dance would be a very accessible production for the Nottingham Park setting. Dance Aspen is a
little more refined.
C. People expect Dancing in the Park to be on the same time schedule as AvonLIVE! But if they arrive at 6 p.m. they
miss part of the show. It’s good that Dancing in the Park is on a different day from AvonLIVE!
D. It feels like Dancing in the Park is just a marketing strategy to boost attendance at the main performance in Vail.
E. It seems like a dance program in Avon is something to expand.
F. Where is the information on the band lineup for Town concerts?
G. Are there any alternatives to fireworks?
H. The laser show at the mural last year was cool, could that be replicated?
I. Could participants light sparklers?
J. It would be great to use Harry A. Nottingham Lake for some sort of presentation that involves the community like
fireworks
K. What is Storm Drain Education?
CASE Manager Dempsey said she hasn’t confirmed how long Dancing in the Park will be, but she agrees that Ephrat
Asherie is a great option for Dancing in the Park. She agreed that Dancing in the Park has been shorter than preferred in
the past. Once she contracts with a group, she’ll discuss minimum times. There will be a lineup of talent on the Town’s
website. The last five bands of AvonLIVE! Will be announced June 15. She does have plans to do a drone show in 2023,
but it’s too late to add them to the 2022 Salute to the USA plans. She’s looking at other options like lanterns or sparklers,
but they still pose a fire and litter threat. The projection mapping that was used on the mural last year is also something
she’s researching. Storm drain education refers to decals positioned near storm drains that educate the public about
keeping them uncontaminated.
The Committee commented/inquired:
A. What art piece is going in Roundabout 4 this year?
B. A lot of bronze statues are gone.
C. The bronzes are important milestones in Town.
D. It’s cool that artists from last year are coming back this year.
E. I like that there are a lot of contemporary but not similar pieces.
CASE Manager Dempsey jumped to the slide with photos of the Art Around Avon installations and pointed out the piece
which will go in Roundabout 4. She also showed the Committee the presentation of Art Around Avon pieces and went over
details about each art piece.
5. ADJOURNMENT
The meeting adjourned at 3:03 p.m.
Respectfully submitted by:
Emily Myler
General Government Intern
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, MAY 17, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MAY 17, 2022 PAGE 1 | 3
1. ROLL CALL
Present- Committee Members: Committee Chair Tom Kiddoo and Committee Members Nancy Tashman, Lisa Post,
Kevin Hyatt, Pam Warren and Jose Chavez.
Staff: Recreation Director of Recreation Michael Labagh, Recreation Services Superintendent Jerrica Miller, Aquatics
Superintendent Kacy Carmichael, Swim Program Supervisor Meghan Hershey, Town Manager Eric Heil and General
Government Intern Emily Myler (virtual).
Town Council: Councilor Scott Prince
Absent-
Committee Members: Committee Member Kathy Ryan and Committee Vice Chair Pat Nolan
Town Council: Councilor Lindsay Hardy and Mayor Sarah Smith Hymes.
Committee Chair Tom Kiddoo opened the meeting at 10:05 a.m.
2. APPROVAL OF THE AGENDA
Committee Chair Tom Kiddoo made a motion to approve the agenda for the May 17, 2022 meeting and declared the
agenda approved.
3. APPROVAL OF THE MAY 2022 MEETING MINUTES
Committee Chair Tom Kiddoo made a motion to approve the minutes from the March 15, 2022 meeting and declared
the minutes approved.
4. PUBLIC COMMENT
No public comments were made.
5. BUSINESS ITEMS
5.1 Health and Recreation Committee Update
Recreation Director Labagh welcomed the Committee and thanked the members for joining the meeting, especially the
new members. He also stated the Committee’s purpose and current initiatives. He said the Recreation Department
works closely with the culture, arts and special events team and the parks team and has different duties from either of
these teams.
5.2 Recreation Department Update
Recreation Director Labagh showed the Committee the visit data from the Recreation Center in February, March and
April 2022. He said the Center had record visits before COVID-19, but numbers are approaching that level again post-
pandemic. Over the last few months, the Center had low staff and cut a few services, but as of this month there will be
enough staff to reinstate birthday parties, potentially expand pool hours and increase the offerings of group swim
lessons. However, the Center is still looking to hire more lifeguards and after school counselors. He went over summer
programming including summer camp, indoor drop-in sports, a beach volleyball league, park amenity rentals like sports
equipment and outdoor tennis/pickleball/basketball court reconstruction. Aquatics programming will include the dunk-n-
dash race series, the open water swim series and meet, the recreati on swim meet as well as increased swim lessons
and training for instructors and lifeguards.
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, MAY 17, 2022
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HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MAY 17, 2022 PAGE 2 | 3
The Committee commented/inquired:
A. What are some other income sources for the Recreation Center?
B. Is there a program to waive or discount fees for summer camp based on need?
C. It would be useful to have 30-minute workout routines for patrons that describes how to use different machines
and tools to workout effectively and safely.
Recreation Director Labagh said there are several types of income besides membership and pass sales including
facility rentals, towel rentals, lifeguard training etc. Recreation Superintendent Miller said there is a state -based program
which can help families in need to pay for summer camp. She is working on building staff so more children can attend.
May is National Water Safety Month, and Recreation Director Labagh said swim lessons are vital to prevent drowning
deaths. He spoke about the Community Swim Program at Avon Recreation Center. The program offers many different
opportunities for all levels of swimmers to safely learn, compete or just have fun.
5.2 Recreation Center Survey Preliminary Results
Recreation Director Labagh said the Survey closed on May 14. He directed the Committee towards the results in the
meeting materials (available at Avon.org). He said Town Council will discuss the results in th eir June 28 meeting. He
was pleased that many respondents rated the Center as good or excellent, but he appreciated feedback from patrons
who made suggestions to improve. Most people wanted more of everything including hours, services, equipment and
space, so he will be analyzing possible expansions that match community needs as well as staff, budget and space
constraints.
The Committee commented/inquired:
A. It would be nice to organize the data to be more understandable, for example arranging answers by most
selected to least rather than random order or adding more intuitive colors and labels.
B. It would be helpful to ask what times respondents are coming to the Center since many are responding that it is
too crowded.
C. Does the Department contract with outside companies to do maintenance on the machines and equipment?
Recreation Director Labagh said he was also concerned about the responses that the Center is too busy and is looking
at solutions. He works with other Recreation Centers to make sure that visitors have all the options they need available
nearby and at convenient times. He plans to hire new guest services attendants who can keep different spaces clean,
organized and comfortable. There used to be a contract with one of the companies that supplied t he fitness equipment
to maintain it quarterly, but it was cut during COVID-19 and moved in-house. Staff is researching best practices in the
industry during the budgeting process for 2023.
Results to question 15 regarding moving the fitness court location were mixed, and Recreation Director Labagh asked
the Committee what they thought.
The Committee commented/inquired:
A. There could be a pickleball court in that location.
B. I haven’t used it much or at all.
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, MAY 17, 2022
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HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MAY 17, 2022 PAGE 3 | 3
C. It could be used to hold a class
D. The location is hidden
E. It could be great for teenagers looking to workout, there should be more outreach
5.4 Recreation Center/351 Benchmark Rd. /Main Street Mall Design Update
Town Manager Heil introduced the project to transform the center of Avon, including the Main Street Mall, the
Recreation Center and the old fire station at 351 Benchmark Rd into a cohesive core that draws in residents and visitors
and promotes civic engagement. He said the main issue is there are so many great ideas that have already been
proposed. Recreation Director Labagh said he has been involved in the process to choose a design firm for the project.
He would like to use the Committee as a venue for community engagement on the process.
The Committee commented/inquired:
A. This is a huge project; it should be broken down into more easily digestible chunks for better decision -making
B. Where are the design firms based?
Recreation Director Labagh said the firms that the Town is interviewing have branches located nearby but are based in
the Front Range and Texas. All of them have experience with recreation centers and have designed some cutting-edge
buildings.
6. CLOSING COMMENTS
Several Committee members had feedback for staff, including that the recreation path needs maintenance, the new fence at
the outdoor courts is higher and works well to keep balls from flying out of the court, and that there is a problem with dog
waste in the park but there isn’t enough signage.
7. ADJOURNMENT
Committee Chair Kiddoo motioned to adjourn the meeting and Committee Member Lisa Post seconded the motion.
Committee Chair Tom Kiddoo declared the meeting adjourned at 11:56 a.m.
Respectfully Submitted by
Emily Myler
General Government Intern
970-748-4446 mlabagh@avon.org
Page 1 of 2
TO: Honorable Mayor Smith Hymes and Council
FROM: Michael Labagh, Recreation Director
RE: Harry A. Nottingham Park Improvements Update
DATE: June 3, 2022
SUMMARY: This report provides a summary of updates to the identified topic areas for improvement within
Harry A. Nottingham Park. Town staff are committed to providing project updates and adding more topic
areas based on Planning and Zoning Commission and Town Council requests and direction.
BACKGROUND: Topic areas were determined by Staff to obtain organized feedback from the Planning
and Zoning Commission and Town Council. Planning and Zoning Commission members provided feedback
while participating in a site walk of the park on August 17, 2021. Town Council members were able to
provide feedback on all topic areas during two work sessions held at their regular meetings on September
14, 2021 and October 12, 2021. The following list includes updates on the identified areas of improvement
within Harry A. Nottingham Park.
PLANNING & IMPROVEMENT TOPIC AREAS:
1. Potential Beach Expansion to West. Council comments are aligned regarding the need to maximize
beach space for park users and to improve the SUPCO facility’s appearance. Several concerns were voiced
regarding expanding the beach before more parking and restrooms are available for park users. Expanding the
beach, moving the existing boat dock or adding a new one to this area was not considered as an item to pursue
at this time. The Town will be purchasing a boat rack and storage boxes to be used for general storage for
Standup Paddle Colorado’s (SUPCO) rental operation. SUPCO will continue to use their trailer to house
operations and will not be using a storage container moving forward.
2. Widening of Recreation Path. The majority of Council did not feel that widening the recreation path in
this area would solve the problems park users are facing. Considerations were discussed to move the recreation
path north, add a bike dismount zone, enforce speed limits, and eventually widen the path with two lanes. Staff
are entertaining an addition of a 10 MPH speed limit to Harry A. Nottingham Park and to designate the north path
between Lake Street and West Beaver Creek Boulevard as a “Dismount Zone” for all bikes, scooters,
skateboards, rollerblades, and other transportation devices that may pose a risk to pedestrian traffic. Staff would
also like to consider designating all of Harry A. Nottingham Park a “Dismount Zone” for all bicycles.
3. North Nottingham Park Restroom. This project will be bid out in June 2022, work will start after
Labor Day and should be completed by Summer 2023.
4. Shoreline Erosion. Staff are coordinating this work to be completed by the same contractor who
cleans out the detention pond. This project is in progress and scheduled for completion by Fall 2022.
5. Soft Recreation Path Connection (Between Lake and Detention Pond). An informal path has
been established. The Public Works Department will address this project in-house and is scheduled for a
Fall 2022 completion.
6. East Shore Area. Development in this area has been paused per Council direction. This area has
several picnic tables and will continue to be ideal for passive recreation use.
7. Fitness Court (Current Location). Staff are researching where the Fitness Court could be relocated
to another area within Town limits. We are also soliciting other entities who may be interested in acquiring
the Fitness Court. If and when the Fitness Court can be removed, the existing concrete pad can be
repurposed as a picnic shelter for special event and community use.
970-748-4446 mlabagh@avon.org
Page 2 of 2
8. South Dock Area. Development in this area is paused per Council direction. Changes and
enhancements to this area will likely coincide as discussions for a potential beach expansion resurface in
the next few years.
9. South Lake Landscaping. Public Works Staff have researched this project area and have
determined that there does not appear to be room between the toe of the dam (per the state we are unable
to dig or plant trees/shrubs on the dam) and the railroad property for trees. We do have native grass seed
on hand and wildflower mix on order for this area, but there is currently no power to numerous irrigation
clocks throughout the park. The Town Electrician is currently troubleshooting this issue and Staff are
hoping to have water to this area as soon as possible. Staff will plant grass seed and wildflower mix as
soon as the irrigation clocks are functional.
10. Lower Field Recreation Path. This project is scheduled for completion in 2023 and will also include
enhancements to formalizing a pedestrian connection to Lift View (#11) and a potential path along the Avon
Water Treatment Plant (#12). Engineering, Public Works, Community Development and Recreation
Department staff are planning to meet this summer to walk all paths on the southwest side of the park to
ensure all eligible areas are included under one project. Staff hope to complete a site survey in 2022 and
the design process will occur this winter. This project is scheduled to be bid out in 2023.
11. Pedestrian Connection to Lift View. Formalizing this path will be included under the Lower Field
Recreation Path project. Staff will conduct a site survey for this area to determine what is permitted and
feasible for this area.
12. Recreation Path Opportunity Along Avon Water Treatment Plant. Formalizing this path will be
included under the Lower Field Recreation Path project. Staff will conduct a site survey for this area to
determine what is permitted and feasible for this area.
13. Potential Location of Fitness Court. Staff are researching where the Fitness Court could be
relocated to another area within Town limits. We are also soliciting other entities who may be interested in
acquiring the Fitness Court.
14. West Recreation Path Entrance. Per Council direction, development in this area will not be considered
in the immediate future. Existing park signage at this location will be updated as needed.
15. Reconstruction of the Pickleball, Tennis, Basketball and Soccer Courts. All courts are currently
being reconstructed and the project is on schedule to be completed by August 5, 2022. After obtaining
community feedback, Council directed staff to move forward with removing one tennis court and adding two
more pickleball courts. The new court layout will include: six pickleball courts, two tennis courts, one
basketball court and one basketball/soccer court.
RECOMMENDATION: Per item number 2, I propose entertaining an addition of a 10 MPH speed limit to
Harry A. Nottingham Park and designate all park paths as a “Dismount Zone” for all bicycles. Staff within
the Public Works, Mobility, Community Development, Recreation and Police Departments will collaborate to
ensure this recommendation is extensively analyzed prior to implementation.
Thank you, Michael
ATTACHMENT A: Harry A. Nottingham Park Improvements Follow Up 10.12.2021 - Report and
Presentation
[(970) 748-4049] [gdaly@avon.org]
TO: Honorable Mayor Smith Hymes and Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department Disposition on Forfeited Properties for
2021 (Report Only)
DATE: June 14, 2022
SUMMARY:
In accordance with Avon Town Resolution 2000-12, “Section 4. The committee shall, each year, submit a
written report to the Town Council concerning forfeited moneys or property received during the year and an
accounting of how such monies were expended during the year.”
The forfeited monies in the Forfeiture Account can only be used for law enforcement training or equipment
expenditures only. These monies accrue from adjudicated criminal cases or through civil forfeiture
processes.
The opening balance for 2021 was $86.94. There were no expenditures in 2021. There was a receipt of
$101 from the court dispositions of two drug cases.
The closing balance for 2021 was $187.94.
Respectfully Submitted,
Greg Daly
Chief of Police
###
Page 2 of 7
TO: Honorable Mayor Smith Hymes and Council
FROM: Michael Labagh, Interim Recreation Director
RE: Work Session: Harry A. Nottingham Park Improvement List
DATE: October 8, 2021
SUMMARY: This report includes a summary of comments made by Planning and Zoning Commission
members’ site walk of the park on August 17, 2021 and Town Council members’ comments made in
response to the September 14, 2021 council meeting presentation.
Planning and Zoning Commission members’ comments are shown in red italics below.
Council members’ comments were compiled and summarized and are shown in blue italics below.
This report provides a draft list of areas in Harry A. Nottingham Park to discuss for potential improvements.
There have been many improvements over the last six years and additional improvements planned for the
old Town Hall site. It is an appropriate time to take a look at the remainder of Nottingham Park to identify
any other details or improvements that should be considered in an effort to “complete” the park with a
uniform, high-quality design from one end to the other. Also, Council indicated a desire to revisit the
location of the Stand-Up Paddle Board and Peddle Boat location.
The following list highlights specific details and improvements that are either pending or have been
suggested for consideration. This is not intended to be an exhaustive list. Rather, thi s is an invitation for
additional input on any other details, improvements or designs that should be considered in Nottingham
Park. A comprehensive list of ideas will assist Town Staff with preparing a capital improvements budget
and present options to Council.
A presentation of topic areas was included with this report. The presentation included a list of
recommendations which are based on Staff input and recommendations, PZC input and recommendations,
and a desire to complete miscellaneous improvements to compliment the major improvements that
occurred in West Nottingham Park and are planned to occur in North Nottingham Park and East
Nottingham Park.
PLANNING & IMPROVEMENT TOPIC AREAS: The following topic areas are described as an initial draft
of specific planning and improvement projects:
1. Potential Beach Expansion to West. Increased usage of the beach on the north side of Nottingham
Lake prompted consideration to potentially expand the beach to the west. Staff provided a
recommendation in fall of 2020 to expand the beach to the west to increase the beach size by
approximately 50%, move the SUP Co operation to the west side of such expansion (approximately the
right side of the No. 1). Staff, in consultation with SUP Co., also recommends relocation of the boat dock to
the north side to be used for the Peddle Boats (which was the original use of the boat dock). NOTE: Staff
also proposes installing a replacement dock in the current location of the boat dock that is lower to the
water (safer for swimming), configured as a T or cross, and anchored in a manor that allows for easy
removal before winter so that this area does not conflict with ice skating. Any beach expansion requires
draining the lake, excavating, installing the lake liner, and backfilling with sand. If this work is desired, this
work could happen in fall of 2022 such that the expanded b each would be opened for the summer of 2023.
The south dock area is also discussed below as a potential location for SUP Co.
Overall supported. Permanent and more aesthetic SUP Co structure popular among group. No
other major comments made.
Page 3 of 7
Council comments are aligned regarding the need to maximize beach space for park users and to
improve the SUPCO facility’s appearance. Several concerns were voiced regarding expanding the
beach before more parking and restrooms are available for park users. Expanding the beach,
moving the existing boat dock or adding a new one to this area was not considered an item to
pursue at this time.
2. Widening of Recreation Path. Pedestrian and wheeled recreational traffic has increased on the
Nottingham Park trail. Staff believes it would be appropriate to widen the path by 2’ when this path is
resurfaced. The slightly wider path would improve the experience when there are multiple users going both
directions.
Overall supported. Considerations include the potential need to move the existing light features
and widening more of the park’s path around the entire lake as feasible and appropriate.
The majority did not feel that widening the recreation path in this area would solve the problems
park users are facing. Considerations were discussed to move the recreation path north, add a
bike dismount zone, enforce speed limits, and eventually widen the path with two lanes.
3. North Nottingham Park Restroom. Town is proceeding with designs of a public restroom for the
North Nottingham Park Restroom area. The restroom would be very similar in design and size to the
restroom by the playground. Two locations which can gravity feed with existing sewer lines will be proposed
for public input and review by Planning and Zoning Commission. Construction is anticipated in 2022.
Both proposed locations were supported; closer to the north parking lot or lower area between two
spruce trees as both areas call for screening from residential areas. The location needs to stay
above the property fence line because that is where the sewer line is located.
Council members expressed support of the northern most proposed location, closest to the parking
lot. General feedback included preserving existing passive green space in this area, have the
structure blend in as much as possible, add a shower and air compressor to the restroom facility.
There was no consensus on whether to allow parking on West Beaver Creek Blvd. Councilors
open to the idea would need to see a comprehens ive plan to improve safety and limit trespassing.
4. Shoreline Erosion. Erosion has occurred on shoreline on the east side of the fishing dock such that
the lake liner is now exposed in places. Town Engineer Justin Hildreth recommends extending the rock
treatment on the east side to this area. The erosion occurs in this location due to prevailing wind patterns.
Staff will consider adding space/sand in between the rocks that need to be added, so boats can still
launch from this area. Reconsider location of the off-leash dog area in this spot.
Council expressed support of repairing the shoreline.
5. Soft Recreation Path Connection. Park users regularly walk between the main field area to the
north beach area between the lake and the detention pond. A n informal path has been established. This
informal path could be improved into a defined soft gravel path.
Overall supported. Add cut stones in this location closer to the lake for fishing. Add interpretive
signage for nature walk to educate about the park ecology (5 senses walk like in Beaver Creek)
Council is supportive of formalizing this path and improving the general landscaping in this area.
Page 4 of 7
6. East Shore Area. The east shore area includes a decent size flat area adjacent to the lake as well as
a former playground area that is screened by trees on the east side of the path. This area can be improved,
at least to improve the condition of the grass.
Add sod and improve grading. A ramp to the stage has been discussed for easier load/unload for
events. Add posts for slacklining. Offer fitness classes in this location with improved grading and
sod.
Council agreed this section needs improvement but to pause any immediate development in this
area.
7. Fit Court (Current Location). The current location of the Fit Court between the playground and Avon
stage/main field invites playground use by children who are too young to use the Fit Court. The Fit Court
could be relocated to another area in the park that would not invite this conflict.
This space can be used for picnic tables with shelter once the fitness court is moved or used for
more passive green space or VIP area for events.
The majority of council feedback alluded to keeping the fitness court where it is or pursuing
removing it completely from the immediate park area. No comments were made regarding th e
picnic shelter/area proposal.
8. South Dock Area. The south dock area includes the boat dock, the boat ramp and the adjacent treed
grass area with picnic tables. This area is heavily used throughout the summer, especially during
SunsetLIVE! This area is a potential location for SUP Co., and was the previous location for SUP Co.
(which is why the boat dock is in this location).
If dock is moved, another dock could be added here for swimming and lounging.
Desire to improve this area and maintain a boat dock was shared among council members but
there did not appear to be consensus on a timeline for implementation. This area is heavily
trafficked and will be more popular as the old Town Hall site is developed. If the dock is to be
moved and replaced with another one, staff will ensure it is a similar size to accommodate
activation in this area.
9. South Lake Landscaping. A wooden boundary fence was removed several years ago to improve the
views from the trail on the south side of the lake. The slope on the southside of this recreation path is very
rough in appearance and has not been landscaped. There is room to install some landscaping
improvements on the south side of this recreation path.
Remove barbed wire fence and replace with a split rail fence. Add trees to block railroad tracks but
do not block Beaver Creek views. Increase green space and landscaping in this area.
Overall support to improve this area was noted. Concerns surrounding sustainable landscaping
were mentioned. Suggestions were made to include more swinging benches, exercise stations and
partnering with CASE to enhance this area.
10. Lower Field Recreation Path. The recreation path around the lower soccer field is in disrepair and is
scheduled to be reconstructed in 2022. Currently with this reconstruction is the opportunity to install some
shade trees along the inside edge of the path to soften the southside of the lower field.
Overall supported.
Page 5 of 7
Overall supported. Council encouraged this improvement to be completed in a strategic manner
and to propose more consistent use of the athletic field in general. Another comment made
included a proposal to use this area as an off-leash dog area during certain hours of the day.
11. Pedestrian Connection to Lift View. The Lift View residential neighborhood crosses over the Union
Pacific Rail Road grade into Nottingham Park at the south west corner of the lower field. A substantial
informal path has been created. A pedestrian crossing improvement in this area would benefit the residents
who use this pathway.
Overall supported.
Council supports this improvement and encourages it be completed as soon as possible with
proper lighting. Improve grading and landscaping as permitted.
12. Recreation Path Opportunity Along Avon Water Treatment Plant. It appears from field
observations that there is room for a recreation path between the south edge of the Avon Water Treatment
Plant and the north edge of the Union Pacific Rail Road right-of-way.
Overall supported.
Council supports this improvement and encourages it be completed as soon as possible with proper
lighting. Improve grading and landscaping as permitted.
13. Potential Location of Fit Court. This appears to be the best location for the Fit Court so that it is
situated in a park setting, with views, but not immediately adjacent to playgrounds and family activities. The
nearby elementary school playground is controlled by elementary school staff during school hours. The Fit
Court is intended to have an attractive and more effective barrier fence around the court.
Staff needs to check with Avon Elementary and Police Department on rules/signage that is posted
informing park users to stay clear during school hours. Proposed location may call for the same
children use issues at this location because of the proximity to the school and neighborhood.
Reconsider Fitness Court location to:
• 351 Benchmark Fire House
• Rec Center West Lawn
• North side of park grass areas
There was no consensus among Council comments. Feedback included: move closer to elementary
school, maintain current location and improve landscaping, remove it from the park or move it to the
Rec Center west lawn.
14. West Recreation Path Entrance. There is no entry way treatment for the west end of the recreation
path. Installation of a Nottingham Park sign and other entry way features would better define this path as an
entry to Nottingham Park.
Overall supported. Staff can order a sign to be installed in that area.
Overall feedback encouraged staff to leave this entrance of the park as is.
15. Reconstruction of Tennis and Pickle Ball Court. The Engineering Department recommends
reconstruction of the pickleball and tennis courts rather than resurfacing. This is scheduled to be conducted
next Summer. Staff has created a survey to obtain community feedback which will be summarized and
Page 6 of 7
brought back to council with a summary of the comments prior to the notice of award to the contractor.
Overall Supported for longer term solution and staff should seek community feedback on court
layouts.
Council feedback favored Option 2; maintain existing court layout , repaint one of the existing tennis
courts as a hybrid pickleball/tennis court. Councilors also encouraged staff to pursue reconstructing
the basketball courts on the same timeline as the pickleball and tennis courts.
Other comments:
• Add cut stones/blocks around the lake for fishing and passive use
• Add slackline or hammock poles around the lake for use
• Increase trees to provide shade in open areas of the lake
• Add a Mural to ERWSD and Avon Elementary School Buildings
• Consider long-range planning as these decisions are made.
• Improve landscaping throughout the park. Consider options for increasing xeriscape as plans are
developed.
• Do not commercialize the park. A balance must be maintained as we continue to program and
develop the park.
• Improve/replace irrigation.
• Address stagnant water concerns under the northwest bridge.
• Control noxious weeds and cottonwoods.
• Explore using elementary school bathrooms during the summer.
• Hire a Park Superintendent to take responsibility on all aspects of the park.
• Add a water-wise demonstration garden in cooperation with ERWSD in the existing “education”
garden.
• Allow/promote portable vending/food trailers.
• Storage and bathrooms are needed by the stage.
• Add art and other activations along the south side of the lake.
• Increase code enforcement surrounding off-leash dogs and speed limits. Audit park rules and
regulations.
• Consider making the east shore area an all day “dog-friendly” area.
TOWN MANAGER COMMENTS: Thank you for input. I believe this provides clear direction on many items to
keep us busy in the near term and identifies items that will require further discussion over the next year or two.
I would like Staff to create an improvement plan with schedule as a written document that incorporates this
direction and can be used to communicate to Council, PZC and the public the Town’s intentions for specific
improvements as well as identify areas that will require further discussion.
Page 7 of 7
REQUESTED DIRECTION: Direction from Council on operations and improvements is requested.
Thank you, Michael
ATTACHMENT A: Harry A. Nottingham Park Planning and Improvement Topic Areas
ATTACHMENT B: Harry A. Nottingham Park presentation
Page 8 of 7
ATTACHMENT A: Harry A. Nottingham Park Planning and Improvement Topic Areas
Work Session: Summer Operations and Future Improvements
September 14, 2021
WORK SESSION: HARRY A. NOTTINGHAM PARK
SUMMER OPERATIONS, SEPTEMBER 14, 2021
MICHAEL LABAGH,
INTERIM RECREATION DIRECTOR
SUMMER OF 2021
•Avon offered a strong and consistent summer schedule of community
oriented events in the Park
•Recycling cans were added throughout the Park
•An additional Community Response Officer was added
•Community Survey results indicated high level of satisfaction with Harry
A. Nottingham Park, including activity levels and open container policy
•Complete review of Special Events will occur on October 12, 2021 at a
joint meeting with the CASE Committee
Work Session: Summer Operations
September 14, 2021
FUTURE IMPROVEMENTS
•Feedback collected throughout the summer from
staff, Council and community survey
•Planning & Zoning Commission, August 17, 2021
meeting –site walk in Park
•Council Work Session, September 14, 2021
•Future Work Sessions to be determined
Work Session: Summer Operations
September 14, 2021
Purpose of Work Session is to begin process of Council direction on operations
and improvements.
Work Session: Summer Operations
September 14, 2021
TOWN MANAGER RECOMMENDATIONS
•Expand swim beach area to the west and move SUP Co operations to west within
expanded beach area
•Resurface paved recreation path, expand width on north side and install new connection
on southwest side to West Beaver Creek Boulevard
•Improve informal recreation paths between detention pond and lake
•Improve landscaping, add more cut stones around lake for seating and fishing, add
demonstration garden
•Construct parking and pedestrian safety improvements on West Beaver Creek Boulevard
•Relocate Fitness Court and Construct Picnic Shelter on existing concrete slab
Some of these items are currently not in the 5-Year CIP Plan.
These items may be funded by increased Avon Urban Renewal Authority Funds
Work Session: Summer Operations
September 14, 2021
Work Session: Summer Operations
September 14, 2021
BEACH EXPANSION TO WEST1
331 ft
182 ft
BEACH EXPANSION TO WEST
•Proposal to expand beach by 40%
•Relocate SUPCO operations to the
west
•Relocate existing boat dock to the
northwest corner of the expanded
beach
•Planning and design would occur in
2022 work would be completed in
Fall 2023 and open to public
Summer 2024
Work Session: Summer Operations
September 14, 2021
1
BEACH EXPANSION TO WEST
Work Session: Summer Operations
September 14, 2021
1
SUPCO OPERATIONS
•Operating Hours: 10am-6pm
•Trailer and container nestled
between trees
•Kayaks and pedal boats moved to
west to maintain available beach
space
•Addition of a permanent or
seasonal structure
Work Session: Summer Operations
September 14, 2021
1
WIDENING RECREATION PATH
•North side is heavily trafficked
•Widen path by 2 feet (6ft to 8ft)
•Wider path would improve
experience and functionality
•Currently not in 5-year CIP plan
Work Session: Summer Operations
September 14, 2021
2
0.4 mile section
NORTH PARK RESTROOMS
Work Session: Summer Operations
September 14, 2021
3
NORTH PARK RESTROOMS
•Propose structure to be built closer to the
parking lot or between trees
•Allows for screening from residential
areas
•Selected location needs to stay above the
property fence for sewage line efficiency
•Comments: Add a shower to rinse off
Work Session: Summer Operations
September 14, 2021
3
NORTH PARKING
•Reconsider allowing parking on West
Beaver Creek Blvd for Summer 2022
•60 car spaces within a gravel shoulder
widening to 7 feet
•Apply to CDOT to obtain necessary
permits for future angled parking
considerations
Work Session: Summer Operations
September 14, 2021
3
SHORELINE EROSION
•Rocks need to be added to solidify
and protect the shoreline and liner
•Exposed lake liner needs attention
•Considerations to add space in
between rocks to allow for boat
launching
Work Session: Summer Operations
September 14, 2021
4
SHORELINE EROSION
Work Session: Summer Operations
September 14, 2021
4
Work Session: Summer Operations
September 14, 2021
SOFT RECREATION PATH CONNECTION
•Heavily trafficked informal path
•Several hazards to walking; tree roots,
exposed liner, large rocks
•Recommendation to install crushed
gravel recreation path
•Consider adding cut stones to the lower
part of this path closer to the water for
fishing
5
Work Session: Summer Operations
September 14, 2021
EAST SHORE AREA
•Underutilized space
•Improve grass area by adding sod and improving the
grading
•Potential for adding outdoor fitness classes and
other activities with improvements
•Discussion has been started regarding adding a
ramp to the stage storage area
6
Work Session: Summer Operations
September 14, 2021
FITNESS COURT (CURRENT LOCATION)
•Location invites inappropriate use by
children under 14
•Maintain concrete pad and improve
landscaping
•Recommendation: maintain concrete
pad, create larger picnic shelter for
special event and community rental
space
7
Work Session: Summer Operations
September 14, 2021
RELOCATION OF FITNESS COURT
•Proposed locations may prove less inviting to child use
and maintain a popular workout spot among adults
13
Rec Center Roof Flat, grass area by Avon Elementary North grass area
Work Session: Summer Operations
September 14, 2021
SOUTH DOCK AREA
•If beach expansion occurs, staff recommends to
relocate existing dock to northwest corner of the
lake for boat use
•Add new “T” style floating dock for swimming and
lounging
•Easily removed for expanded ice skating offerings
8
Work Session: Summer Operations
September 14, 2021
SOUTH LAKE LANDSCAPING
•Remove barbed wire fence, replace with split rail
fence
•Improve landscaping in this area
•Add trees to bottom of slope but not to block
views of Beaver Creek
9
Work Session: Summer Operations
September 14, 2021
LOWER FIELD RECREATION PATH
•Scheduled repair in 2023
•Add shade trees and improve
landscaping
10
Work Session: Summer Operations
September 14, 2021
PEDESTRIAN CONNECTION TO LIFTVIEW APARTMENTS
•Heavily trafficked informal path
•A pedestrian crossing improvement
would benefit residents who use this
pathway
•Right of way survey needs to be
completed prior to any improvements
11
Work Session: Summer Operations
September 14, 2021
RECREATIONAL PATH ALONG AVON WATER TREATMENT PLANT
•Potential to improve heavily
trafficked informal path between
railroad tracks and water treatment
plant
•This would benefit all residents who
live on the southwest side of West
Beaver Creek Blvd
•Right of way survey needs to be
completed prior to any improvements
12
Work Session: Summer Operations
September 14, 2021
WEST RECREATION PATH ENTRANCE
•Currently no entry way treatment
•Add park sign, widen path by 2 ft and
better define park entrance with
landscaping enhancements
14
Work Session: Summer Operations
September 14, 2021
RECONSTRUCTION OF TENNIS & PICKLEBALL COURTS
•The Engineering Department recommends
reconstruction rather than resurfacing
•Scheduled for June 2022
•Determining optimal court layout option; Health
& Recreation Committee and Community Input,
Engage Avon
•Current offering: 3 tennis courts, 4 pickleball
courts
15
Option 1
Maintain current court offerings
Work Session: Summer Operations
September 14, 2021
RECONSTRUCTION OF TENNIS & PICKLEBALL COURTS
Option 2
15
Option 3 Option 4
Add hybrid tennis/pickleball court
Add feasible shade structures
Remove 1 tennis court, add 4
pickleball courts
Maximizes pickleball offerings
Remove 1 tennis court, add two
pickleball courts
Allows for improved spacing
during play and room for enhanced
seating and shade structures
Work Session: Summer Operations
September 14, 2021
OTHER COMMENTS
•Add cut stones around lake for fishing
and passive use
•Add slackline and/or hammock poles
•Increase trees to provide shade
Work Session: Summer Operations
September 14, 2021
FUTURE PLANNING WORK
•Metcalf Cabin and Public Works &
Parks Garage
•Add to planning and design
schedule for 2023
THANK YOU!
Work Session: Summer Operations
September 14, 2021
•Comments, Questions, Directions
•Need for more information?
•Need for more community input?
•Next steps?