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TC Packet 06-28-2022_______________________________________________________________________________ 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 28, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 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 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. Overview XTERRA USA Championships event Avon (Steve Andrus, XTERRA U.S. Tour Manager) (10 Minutes) 5:15 5.2. Public Hearing: Resolution 22-15, McGrady Acres Final Subdivision (Planning Director Matt Pielsticker) (15 Minutes) 5:25 5.3. La Zona Project and Recreation Survey Results (Planning Director Matt Pielsticker and Recreation Director Michael Labagh) (30 Minutes) 5:40 5.4. CIP Update (Public Works Director Eva Wilson) (45 Minutes) 6:10 5.5. First Reading Ordinance 22-08 Short Term Rental Licensing (Planner 1+ Max Morgan) (30 Minutes) 6:55 6. MINUTES 6.1. Approval of June 14, 2022 Regular Council Meeting Minutes (General Government Intern Emily Myler) (5 Minutes) 7:25 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Quarterly Update on 2022 Department Goals (Town Manager Eric Heil) 7.3. Public Way Permit Extension for Wyndham (Mobility Director Eva Wilson) 7.4. Summer Programming Update (Recreation Director Michael Labagh) 7.5. Overview of 2022 construction permit activity (Planning Director Matt Pielsticker) 7.6. June 21, PZC Abstract (Planner 1+ Max Morgan) 7.7. June Creek Emergency Egress (Planning Director Matt Pielsticker) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:30 9. ADJOURN 7:45 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. 17-05 970.748.4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: XTERRA USA Championship & Festival DATE: June 20, 2022 SUMMARY: Mr. Steve Andrus, XTERRA Global U.S. Tour Manager will be present and eager to provide Council with an update and anticipated impacts related to this renowned multisport event. No action is required of Council. BACKGROUND: XTERRA Festival – As reported by the Vail Daily on Tuesday, March 15th paper, Staff had been working with XTERRA Global to expand the event activation in Nottingham Park during the first ever XTERRA USA Championship to be held in Nottingham Park and Beaver Creek on Saturday, July 16th. This is an amazing opportunity to further show case Avon as the perfect venue to host athletic events. The XTERRA USA Championship activation in Avon includes but is not limited to: 1. Registration and packet pickup on Friday, July 15th at the Terrace 2. SunsetSUP Race on Friday, July 15th; collaboration with the Town and SUP CO 3. Tent space at Friday’s Lakeside Cinema to promote the activities on Saturday, July 16th 4. Swim start at Nottingham Lake and Transition 1 (swim to bike transition) 5. Race awards ceremony at the Avon Performance Pavilion 6. Live music featuring Trout Steak Revival 7. Food and beverage concessions 8. Kids’ activities FINANCIAL CONSIDERATIONS: The Town is providing up to $4,500 of in-kind support for items such as: 1. Staff time for installation and removal of up to light pole banners on Avon Road; up to eight (8) total locations. 2. Staff time to install, distribute and remove all Town owned power assets 3. Staff time to assist with set-up and/or removal of barricade fencing, up to 10 portable restrooms, 4 hand washing stations, Water Monster, and TOA tents. 4. Use of and staff time to deliver event assets to include but not limited to, event signage, chairs, and banquet tables. 5. Up to eight (8) lifeguards for up to four (4) hours. 6. Up to seven (7) hours of special event bus service between Nottingham Park and Beaver Creek Resort. Thank you, Danita 970-748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: PUBLIC HEARING: Resolution 22-15 Final (Major) Subdivision / Lot 3 and Lot 6, McGrady Acres DATE: June 17, 2022 SUMMARY: The Town Council will conduct a public hearing and take action on Resolution 22-15 (“Attachment A”), drafted to approve a Final Subdivision application. The Subdivision dissolves an existing property line between two lots (Lot 3 and Lot 6, McGrady Acres), creates common parcels, lots intended for up twenty-four (24) individual townhome units, and two properties for dedication to the Town. The development plan for McGrady Acres was approved by the Planning and Zoning Commission in December 2021. This report and attachments include all pertinent information for Town Council to conduct a public hearing and make a determination on the application. PREVIOUS COUNCIL ACTION: On March 22, the Town Council Approved Resolution 22-01, approving the McGrady Acres Preliminary Subdivision. The Preliminary Subdivision was approved subject to a Final Subdivision submittal within six (6) months, addressing the following stipulations: 1. Final Plat prepared by Licensed Colorado Surveyor. Staff Response: See the updated Final Plat (“Attachment B”). A number of iterations of the plat have been reviewed by staff for correctness. The plat is designed to created developable townhouse lots which will be further subdivided during the construction process of the buildings. The plat is prepared by Mike Post, a surveyor licensed in Colorado. 2. Ability to Serve from ERWSD, and utility verifications. Staff Response: Construction document approvals and utility verifications are attached (“Attachment C”). 3. Public Improvements Agreement in a form acceptable to the Town. Staff Response: A joint Public Improvements Agreement/Development Agreement is attached (“Attachment D”) to this report. Staff included provisions in the agreement for maximum water usage and the Community Housing unit stipulated from the Development Plan approval process. 4. Preparation, establishment, execution and recording of a Homeowners Association declarations document which includes maintenance responsibilities, indemnification of Town and pedestrian access requirements, in a form acceptable to the Town. Staff Response: HOA declarations were prepared and are attached (“Attachment E”) to this report. These documents will be recorded appropriately at the time the subdivision is recorded. 5. The dedication of two park parcels as indicated on Preliminary/Conceptual plat, totaling not less than 6,079.5 sq. ft. for land adjacent to pocket park, and not less than 12.231.8 sq. ft. for river access parcel, which may also be conveyed through a special warranty deed or other form acceptable to the Town. Page 2 of 7 Staff Response: The Final Plat describes the two lots as “Tract O-1” and “Tract O-2”. The land meets the requirements imposed by Town Council during Preliminary Plat review. Tract O-1 measures 14,374 square feet and Tract O-2 measures 6,098 square feet. The plat creates these properties; they will be conveyed to the Town by special warranty deed concurrently with the recording of the plat. 6. Designation of a platted 4’ minimum width Public Pedestrian Access Easement connecting Eaglebend Drive culdesac with Post Boulevard; language approved by the Town Attorney. Staff Response: This will be verified with revised Final Plat drawing. The surveyor working on the plat is awaiting final information on other utility easements before addressing this requirement. The approved development plan clearly indicates the 4’ route through the site. 7. Not later than Final Plat Submittal, design changes made to the Development Plan and landscape plan must be approved by the Town; revised plans will demonstrate compliance with meeting minimum landscape standards on the property. Staff Response: The owner submitted a Minor Development Plan application for design changes related to moving one of the townhome units and updated landscape plan. These changes are documented and referenced in the Public Improvements Agreement as well. The final approved development plan is attached (“Attachment F”) to this report. 8. Cash in lieu Park Land Dedication payment in the amount of $249,667 Staff Response: This payment has not been received. Staff recommends that this cash in lieu payment be a condition of Final Plat approval to be provided prior to issuance of Grading and/or Building Permit. COUNCIL OPTIONS: - Approve Resolution 22-15 (“Attachment A”), as attached; or - Approve Resolution 22-15, with amendments; or - Request more information and Continue Resolution 22-15 to the July 26, 2022 meeting; or - Deny the Preliminary Subdivision by Motion and Vote. RECOMMENDATION: My recommendation is to conduct a public hearing and take action by conditionally approving the Final (Plat) Subdivision. This application satisfactorily addresses the conditions of approval from Preliminary Subdivision, and is in general conformance with the mandatory review criteria as documented in this report. PROPERTY DESCRIPTION: Lot 6 is located adjacent to the Eagle River and contains a single-family home. The home would be demolished to accommodate this development. Lot 6 is bordered by a single-family home and Eaglebend subdivision to the west, Post Boulevard to the east, and Lot 3 of McGrady Acres subdivision to the north. Lot 3, McGrady Acres sits vacant and previously housed a tree farm business for a number of years. Lot 3 borders a pocket park and Eaglebend residential to the west, Post Boulevard to the east, and the Union Pacific Railroad to the north. The property was annexed in 2001 and designated with Neighborhood Commercial (NC) zoning. This was also when Post Boulevard (aka “Highway 6 Connector” during annexation) road was constructed and any remnants Page 3 of 7 Staff Recommendation of Utility and Easement parcels connecting Eaglebend Drive and Post Boulevard were extinguished. NC zoning allows for retail, mixed-use, and multi-family townhouse residential. Multi-family is defined by the Avon Development Code as including structures with three (3) or more units. PROCESS: Section 7.16.070 of the Avon Municipal Code, Subdivisions, governs the review of this land use application. As mentioned, the Application is considered a Major Subdivision. Major Subdivisions include any new subdivision where four (4) or more parcels are being created. A public hearing with Town Council is required before action. PUBLIC NOTIFICATION: No public comments have been received pursuant to this public notification. Public notification included mailed envelopes to all property owners listed within 300’ of the Property. REVIEW CRITERIA: § 7.16.070(e), Final Plan Review Criteria: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; Public Notification 300’ Notice Town Council Public Hearing & Resolution Page 4 of 7 Staff Response: The subdivision complies with use, density and applicable design standards. The Neighborhood Commercial (NC) zoning and Table of Allowed Uses permit residential and commercial land uses. All other zoning and dimensional standards were reviewed as part of the Major Development Plan process and found to be in compliance. (2) The subdivision application shall comply with the purposes of this Development Code; Staff Response: The application generally complies with the applicable purposes outlined in the Development Code. Purpose (l) states, “Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment”. Additionally, the development plans call for a combination of water quality vaults and native landscaping between structures and the river corridor. This promotes Purpose (j): Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources.” (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; Staff Response: The Avon Comprehensive Plan’s Future Land Use Map designates the property with Neighborhood Commercial (NC) land use. A new pedestrian connections from Eaglebend to a new bus stop, as well as park monies to improve the existing Town-owned playground that lies between Eaglebend and this development. The Avon Comprehensive Plan lists improvements on the river corridor as a highlighted opportunity throughout Town. The Application includes dedicating 14,374 sq. ft. of river frontage which could potentially see streamside enhancements and/or public recreational opportunities may be the result. Specifically, the land dedication will support the following Avon Comprehensive Plan stated goals: • Improve connections between Avon’s Town Center District and the Eagle River; • Promote recreational and mobility options to and from Avon with the regional trail through Avon along the Eagle River The Avon Comprehensive Plan includes Policy G.1.2, to: Maintain the Eagle River as a valued resource in accordance with the most recent Eagle River Watershed Plan. Having one more connection point to the Eagle River also offers the ability to incorporate more native vegetation along the banks of the Eagle River to strengthen the river health. Implementing limited foot access (i.e. permeable staircase) with added riparian plantings would be a positive improvement for the area. (4) The land shall be physically suitable for the proposed development or subdivision; Staff Response: The land is physically suitable for the proposed development. No hazardous soils or other environmental concerns have been raised. The developable portion of the lot is maximized with the proposed site layout. The 6,098 sq. ft. park dedication parcel is contiguous with the existing Eaglebend pocket park. This parcel expands the footprint of this neighborhood park for further enjoyment of residents in the area. (5) The proposed subdivision shall be compatible with surrounding land uses; Staff Response: The proposed subdivision is compatible with surrounding residential land uses and was Page 5 of 7 zoned Neighborhood Commercial (NC) in 2001 based upon compliance with the Avon Comprehensive Plan. (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Staff Response: This property is included in the existing water lease agreement with the Upper Eagle River Water Authority. The preliminary subdivision approval included the condition that an “Ability to Serve” letter be provided at final plat. I recommend that the provision of this letter be a condition to be addressed by building permit. The attached documentation demonstrates coordination and approval of the construction plans by Eagle River and Water and Sanitation District. Water and sewer lines run directly through the property and the owner will need to enter into agreement(s) with the water district for tie-ins. Other utility companies have provided acceptance of the plans. (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; Staff Response: The utility plans are fully designed and in acceptance. The roadway within the development will be completed as required by the Public Improvements Agreement (“PIA”). (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; Staff Response: There are no concerns with sizing of project utilities. (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; Staff Response: The character of the area is mixed: single-family residential, duplex residential, multi- family residential, regional highway, regional commercial, and an educationally zoned parcel across the railroad tracks. This subdivision was reviewed by the Planning and Zoning Commission and found to be compatible with the character of the area. (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; Staff Response: Not applicable. (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; Staff Response: All applicable utility companies have reviewed plans and provided approval to proceed. (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; Staff Response: The layout of infrastructure and facilities is logical and minimizes land disturbance to the Page 6 of 7 extent possible. Open space buffers are included on the west and south sides of the project based upon topography, easement areas, and land dedications. Riparian areas adjacent to the Eagle River remain intact with the approved development plan coupled with the conveyance of the stream/open space parcel. Water quality concerns are alleviated by introducing hydrodaynamic separator vaults to maintain clean water entering the adjacent Eagle River environment. The Preliminary Drainage Study validates water quality maintenance based on expected stormflows and the area development. Inspections and ongoing maintaince of “Public Improvements”, including drainage and water quality infrastructure, is covered by the SIA and enforceable by Town. (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; Staff Response: The utility plans tie new infrastructure into the adjacent/existing sewer system. The water district continues to work with the applicant on final location and design approval. (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; Staff Response: All development is limited to the flatter portion of the property, well above the riparian corridor and steeper slopes leading to the Eagle River. A soils report will be required at building permit review to determine if any special soil conditions exist on the property warranting heightened precautions. (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; Staff Response: A PIA is included as part of this approval. The PIA addresses responsibilities during construction and after final acceptance. (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and Staff Response: Commonly owned and maintained areas are indicated on the plat. The Declarations, Covenants and Restrictions are attached (“Attachment E”), and found to be acceptable by the Town Attorney. (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. Staff Response: All road portions and utilities must be completed at the project outset, regardless of timing for individual buildings. It is staff’s expectation that the permits will be pulled for public improvements and the first two buildings to start the project. Thank you, Matt Page 7 of 7 ATTACHMENTS: A - Resolution 22-15 B – Final Plat C – Utility Signoffs D – Public Improvement Agreement/Development Agreement E – Homeowner Association CCRs F – Major Development Plan Drawings Res 22-15- Final Subdivision – McGrady Acres Page 1 of 2 RESOLUTION 22-15 APPROVING A PINAL SUBDIVISION APPLICATION FOR LOT 3 AND LOT 6, MCGRADY ACRES SUBDIVISION WHEREAS, Eagle River Homes, LLC, owner of property described as Lot 3 and Lot 6, McGrady Acres Subdivision, submitted a Final (Major) Subdivision application (“Application”) to subdivide the property into twenty-four (24) new lots and associated comment elements; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major Subdivision, requiring a preliminary and final plat review pursuant to Avon Municipal Code section 7.16.070(c); and WHEREAS, the Avon Town Council held Public Hearings and approved Resolution 22-01, approving a Preliminary (Major) Subdivision on the March 22, 2022; and WHEREAS, the Town Council finds that the providing land, easement, and payment in lieu to fully satisfy the requirements of Avon Municipal Code section 7.32.090, Park Land Dedication; and WHEREAS, the Avon Town Council held a public hearing on June 28, 2022 after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff prior to deciding on the Application; and WHEREAS, pursuant to Avon Municipal Code section 7.16.070(e) the Town Council has considered the applicable review criteria for a Final (Major) Subdivision, and found the Application in general compliance with the review criteria; NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council approves the Application for Lot 3 and Lot 6, McGrady Acres Subdivision with the following conditions to be satisfied by Grading and/or Building Permit: 1. Execution and recording of Homeowners Association declarations. 2. Execution of Public Improvements Agreement. 3. Cash in lieu Park Land Dedication payment in the amount of $249,667 4. The dedication of two park parcels by special warranty deed. 5. All technical comments from Town Staff will be addressed with an updated Final Plat prior to execution. 6. Final Plat recorded with Eagle County Clerk and Recorders Office. ATTACHMENT A Res 22-15- Final Subdivision – McGrady Acres Page 2 of 2 ADOPTED this 28th day of June 2022. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk ATTACHMENT B ATTACHMENT B May 5, 2022 Matt Wadey, P.E. Principal Alpine Engineering Inc. 34510 Hwy 6, Unit A9 Edwards, CO 81632 Subject: CONSTRUCTION PLAN APPROVAL – McGrady Acres-86 Post Blvd, Avon, CO Water and Sewer Main Extensions, Dated 4.22.22 Dear Mr. Wadey, This letter is to inform you that Construction Plan Approval has been granted for the above-referenced project. The Applicant or designated representative, “Applicant Representative” shall act on Applicants behalf and is responsible for compliance with the District’s Infrastructure Ac ceptance Procedure requirements. Please provide the following required plan sets indicated in the table below. *Required Plans File Type Contact Email for Contact Construction Plan Set PDF Inspector-Daniel Hychalk dhychalk@erwsd.org Construction Plan Set ACAD .DWG or ESRI GIS and PDF GIS Coordinator-Craig Malkmes cmalkmes@erwsd.org *It is assumed that plans submitted will reflect all requirements as stated in the District specifications for water and sewer lines. Any oversight by the Construction Review Team during the review process shall not be construed as permission to construct anything that does not adhere to the District standard specifications. The District must grant any deviation from the District standard specifications through written approval. Once the required plans indicated above have been received and reviewed by the District, the Project may proceed with Initiation of Construction by scheduling the mandatory Pre-Construction with the District Inspector. The Applicant/ Applicant Representative shall allow a minimum of three business days, prior to scheduling the Pre-Construction meeting with the District Inspector. Upon successful completion of all construction inspections and testing have occurred for the Project the Applicant/ Applicant Representative must submit the following required documents to the District in order to receive Construction Acceptance, start the warranty period, and be eligible for service. DRAWINGS OF RECORD "Field Verified" As-Built drawings in ACAD.DWG or ESRI GIS and PDF, per the District's specifications, are required. EASEMENT DOCUMENTATION Descriptions of dedicated easements or road right-of-way in which the water and/or sewer main is installed as required. PROJECT COST ATTACHMENT C Page 2 of 2 An accounting of the exact construction cost of the main that the District will be accepting. This amount shall only include the cost of design, materials, and installation of the water and/or sewer main. Legal costs are not an eligible cost. BILL OF SALE A legal document conveying the water and/or sewer main to the District by the developer/owner is required. This document warrants the water and/or sewer main against any and all defects for a two-year period that begins at Construction Acceptance. The appropriate Bill of Sale form shall be obtained fro m the District. The Two-Year Warranty Period begins at Construction Acceptance which requires that all required submittals including Drawings of Record, recorded Easement Documents, Project Cost documents, and Bill of Sale, have been completed, received, and approved by the District. A Construction Acceptance Letter will be issued once all required submissions have been approved by the Development Review Coordinator. No Water or Wastewater service lines may be connected to the Districts Mains until the Construction acceptance has been issued. If you have any questions or concerns, please contact Tug Birk at (970) 477-5449. Sincerely, Tug Birk Development Review Coordinator CC: Jason Cowles Niko Nemcanin Woodson Spring Daniel Hychalk Craig Malkmes Customer Service ATTACHMENT C Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Foral tforal@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / ATTACHMENT C Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1.Utility locations must be obtained before digging. 2.A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3.It is the responsibility of the utility company and the applicant to resolve problems identified above. 4.The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Foral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / Todd Foral 08 03 2021 ATTACHMENT C Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Floral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / 08 03 2021 ATTACHMENT C Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1.Utility locations must be obtained before digging. 2.A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3.It is the responsibility of the utility company and the applicant to resolve problems identified above. 4.The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Floral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / 08/13/21 ATTACHMENT C Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 1 of 17 PUBLIC IMPROVEMENT AND DEVELOPMENT AGREEMENT THIS PUBLIC IMPROVEMENT AND DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of _____________ 2022, (the “Effective Date”) by and between Eagle River Homes, LLC, a Colorado limited liability corporation (“Owner”), and the Town of Avon, a home rule municipal corporation of the State of Colorado (“Town”) (Owner and Town may be referred to individually as “Party” and collectively as “Parties”). 1. RECITALS 1.1 The Owner owns approximately 3.198 acres within the Town that is legally described as: See Exhibit A, attached hereto and incorporated herein by this reference. (FINAL PLAT, MCGRADY ACRES, A RESUBDIVISION OF LOTS 3 AND 6) Street address: 86 & 95 Post Boulevard, Town of Avon, County of Eagle, State of Colorado (“Property”). 1.2 The Owner submitted an application to the Town for approval of a Major Design and Development Application and subdivision of the Property for a twenty-four (24) unit multi- family development project referred to as Lot 3 and Lot 6, McGrady Acres (“Application”). 1.3 The Avon Planning and Zoning Commission held Public Hearings for the Application on the December 7, 2021 and December 21, 2021, and adopted written findings of fact and a record of decision on January 18, 2022, recommending conditional approval of the Application 1.4 The Avon Town Council held public hearings on February 8, 2022 and March 8, 2022, and March 22, 2022, after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to deciding on the Application; and 1.5 The Avon Town Council approved Resolution 22-01 on March 22, 2022 for the 24 unit development including park land dedication and community housing mitigation. 1.6 The Application includes public improvements that necessitate further review, security, warranty, and acceptance upon satisfactory completion. 1.7 The current zoning does not allow timeshare uses, and therefore, this Development Agreement does not include a requirement for a timeshare amenity fee. 1.8 Development of the Property in accordance with this Agreement will provide for orderly growth in accordance with the policy and goals set forth in the Town’s Comprehensive Plan; ensure reasonable certainty, stability and fairness in the land use planning process; stimulate economic growth; secure the reasonable investment-backed expectations of the Owner; foster ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 2 of 17 cooperation between the public and private sectors in the area of land use planning; and otherwise achieve the goals and purposes of the Town. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, the terms, conditions, covenants and mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Town agree as follows with respect to the development of the Property: 2. Definitions: The following terms shall have the meanings set forth below unless the context in which they are used clearly indicates otherwise: 2.1 Association. The common interest community association and/or other entity formed or to be formed for purposes of governing the rights, obligations and interests of owners of condominiums, townhomes and other interests in the Development upon completion of construction thereof and prior to the sale or conveyance of any individual residential units. Certain provisions relating to the rights and obligations of the Association are provided in Article X of this Agreement. 2.2 Association Governing Documents. The declaration of covenants (which are recorded in the Eagle County Clerk and Recorder’s Office and which run with the land), articles of incorporation, bylaws, rules and regulations, and any other documents creating or governing the Association and its members, as in existence from time to time. 2.3 Development. The project to be constructed on the Property as described in the Development Plan. 2.4 Development Plan. The Major Design and Development Plan described and depicted in the Application that was approved by the Town is made part of the land use approval for the Development Plan. 2.5 Development Plan Components. The following plan set sheets contained in the Development Plan are incorporated by reference into and made a part of this Agreement: A. MCGRADY ACRES, ENCLAVE. DATED June 15, 2022. 2.6 Exhibits. The following Exhibit is to this agreement is incorporated by reference and made part of this Agreement: Exhibit A: FINAL PLAT, MCGRADY ACRES, A RESUBDIVISION OF LOTS 3 AND 6 Exhibit B: Engineer’s Estimate of the Costs to Complete the Public Improvements ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 3 of 17 2.7 Landscape & Irrigation Plan. The approved Landscape Plan and Irrigation Plans, Sheets L- 1, L-2, IR-1, IR-2, IR-3, IR-4, IR-5, IR-6, and IR-7 of the Development Plan, is made part of the land use approval for the Development Plan. 2.8 Municipal Code. The Avon Municipal Code, including the Avon Development Code, as may be amended from time to time. 2.9 Public Improvements. Those improvements to be acquired, constructed or installed for the benefit of the public, including, but not limited to, the Public Improvements described in Article IV and in the Public Property Improvement Map. 2.10 Public Property Improvement Map. The approved Public Property Improvements, SHEETS A0-1, C1.0, C1.1, C1.2, C1.3, C2.0, C2.1, C3.0, C3.1, C4.0, C4.1, C4.2, C5.0, C6.0, C7.0, C7.1, C7.2 of the Development Plan, is made part of the land use approval for the Development Plan. 2.11 ROW. “ROW” shall mean that certain public right of way as described in the Development Plan. 2.12 Term. The term of this Agreement as provided in Article III. 3. Development Plan 3.1 Development Plan. The Development Plan sets forth the approved scope of development of the Property and has been approved by the Town through action by the Town of Avon Planning and Zoning Commission. 3.2 Compliance with General Regulations. The approval of the Development Plan and this Agreement shall not preclude the application of Town ordinances and regulations, or state or federal laws and regulations, which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, exterior energy offset, fire, plumbing, electrical and mechanical codes, as all such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement. 4. TERM: The term of this Agreement shall commence on the Effective Date of this Agreement and shall continue after construction of the building(s) for so long as the building(s) which comprises the Development continues to exist and for five (5) years after such time the building(s) that comprises the Development no longer exist on the Property. In the event the building(s) which comprises the Development is destroyed by fire or other calamity and then reconstructed within five (5) years, such reconstructed building shall be deemed the building(s) that comprises the Development and this Agreement shall continue in full force and effect until five (5) years after ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 4 of 17 the reconstructed building no longer exists. The Parties may terminate this Agreement earlier by mutual agreement. 5. Public Improvements 5.1 Public Improvements. The Owner agrees to construct and install the public improvements set forth in this Agreement (the “Public Improvements”). Such obligations directly relate to the Application complying with the minimum required development standards set forth in the Code and are material to the terms, conditions, covenants and mutual promises bargained for by Town and the Owner in this Agreement. The Owner shall install or cause to be installed all Public Improvements that the Owner is required to construct in a good and workmanlike manner in accordance with the applicable regulations of the Town and applicable Utilities, as defined below, and in accordance with this Agreement. A. Utility Improvements. The Owner agrees to install all utility improvements as described in the Development Plan. B. Drainage Improvements. The Owner shall install drainage improvements for stormwater control and quality as described in the Development Plan. C. Other Public Improvements. Those items described on the Public Improvement Map. 5.2 Security for Public Improvements. Owner shall post sufficient security to guarantee the installation, performance, or maintenance of any required Public Improvements, and any public facilities damaged by Developer during construction of the Development or Public Improvements. The total amount of required security for Public Improvements for the Development shall be 125% of the Owner’s Engineer’s Estimate of the Cost to Complete the Public Improvements identified on the Public Improvement Map. Security shall be in a form acceptable to and approved by the Town Manager and Town Attorney. As Public Improvements are completed, Developer may apply to the Town Manager for release for all or part of the security. 5.3 Timing of Public Improvements. The Owner shall complete the Public Improvements and the Town shall have provided written notification of acceptance of the Public Improvements by the Town (the “Town’s Notification of Acceptance”) on or before the earlier of (1) date of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 the first phase construction of the Development, or (2) within three (3) years of obtaining a grading permit, foundation permit, or building permit, whichever is earlier, or (3) December 31, 2024. The Owner shall inform the Town of all construction plans within Town property and within the ROW at least ninety (90) days prior to the start of construction that is to occur within Town property or the ROW. If the Owner has not received the Town’s Notification of Acceptance from the Town of all Public Improvements, the Town may withhold the issuance of a Temporary Certificate of Occupancy. 5.4 Warranty Period. The Public Improvements constructed and installed by the Owner shall be warranted to be free from defects in material, workmanship and quality for a period of two (2) years after the date of the Town’s Notification of Acceptance (the “Warranty Period”). In the event of any such defect arising during the Warranty Period, the Town may require the Owner to ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 5 of 17 correct the defect in material, workmanship or quality. Ten percent (10%) of the total actual cost of completion of all Public Improvements to be installed and constructed by the Owner shall be collected by the Town from the Owner as security during such two (2) year period as the improvement warranty pursuant to Code § 7.32.100, as may be amended. In the event any corrective work with respect to the material, workmanship and quality is performed during the Warranty Period then the warranty on said corrected work with respect to the material, workmanship and quality shall be extended for two (2) years from the date on which it is completed. Security equal to 125% of the cost of any corrected work with respect to the material, workmanship and quality, as estimated by the Town, shall be retained by the Town or immediately paid to the Town by the Owner, if sufficient funds are not held by the Town, in accordance with Code § 7.32.100, for a period of two (2) years from the date of completion of the corrected work. 5.5 Engineering Certification. Upon completion of portions of the Public Improvements to be installed and constructed by the Owner, the Owner will cause its engineers (who shall have been actively engaged in observing to a commercially reasonable degree the construction of the Public Improvements and who are licensed in the State of Colorado) to provide a written opinion. The written opinion shall be in form and content reasonably satisfactory to the Town’s Engineer, and based upon on-site observation, review of sufficient construction- observation reports, field test reports, and material test reports and certifications by qualified personnel, shall opine that the installation of the Public Improvements, or portions thereof as may be completed from time to time, have been completed, and that to the best of the opining engineer’s knowledge and professional judgment, the Public Improvements are in conformance with all Standards (as defined below), plans, and specifications as submitted to and previously approved by the Town, or the pertinent utility supplier, as depicted on Sheets C3.0 and C3.1 of the Development Plan. Inspection reports, test results, as-constructed plans, including surveys, and other supporting documentation shall be submitted with the certification. The as-constructed plans shall be submitted on paper and in a digital format, either AutoCad DWG, AutoCad DXF, or ESRI GIS shapefile. 5.6 Inspection Procedures. All Public Improvement work shall be done under the published inspection procedures and standards (collectively, “Standards”) established by the Town, Holy Cross Energy, Eagle River Water and Sanitation District, Upper Eagle Regional Water Authority, Xcel Energy, CenturyLink, Comcast, or any other utility (“Utilities”), as applicable and shall be subject to the reasonable satisfaction of the Town and applicable Utilities. No work shall be deemed complete until the reasonable approval and acceptance of the Public Improvements by the Town or the Utilities. Inspections by the Town and Utilities shall not relieve the Owner or the Owner’s agents from any responsibility or obligation to ensure that all work is completed in conformance with all Standards, plans, and specifications as submitted to and previously approved by the Town and Utilities. A. Cost of Inspections: The cost, if any, of inspections, by Town employees, or an independent third-party inspector, shall be paid by the Owner. B. Notice of Non-Compliance: In the event that the Town, through its inspectors, reasonably determines that the Public Improvements to be installed and constructed by the Owner are not in compliance with the Development Plan, it shall give written notice of such non-compliance (“Notice of Non-Compliance”) to the Owner. The Notice of Non- Compliance shall include a narrative describing the unsatisfactory construction work with ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 6 of 17 specific reference to the applicable construction plans and specifications with which the Public Improvements fail to comply. The Notice of Non- Compliance must be provided to the Owner within two (2) working days of the date of the inspection. 5.7 Indemnification and Hold Harmless. The Owner shall indemnify, defend and hold harmless the Town (and its officials, agents, representatives, employees, contractors, and successors and assigns) from all claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from claims for bodily injury (including death) to any person or damage to any property, arising during the construction of the Public Improvements or otherwise arising on the Property or from the Owner’s activities while performing this Agreement (including, without limitation, maintenance, repair and replacement activities), including without limitation any claim that all or any portion of the Public Improvements installed and constructed by the Owner on Town property or ROW constitute a dangerous and/or unsafe condition within a public right-of-way; provided, however, that this indemnity shall not apply to any claims, demands, damages (including, without limitation, consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable attorneys’ fees) resulting from any act or omission of the Town or its officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns. 5.8 Insurance. With respect to Owner’s obligation with respect to and/or any claims arising from the construction or installation of the Public Improvements, all Owner’s or Owner’s contractor’s insurance policies related in any way to the Public Improvements shall be endorsed to include the Town and the Town’s officers and employees as additional insureds/loss payees, applicable within each policy. Every policy covering the Public Improvements shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, or carried by or provided through any insurance pool of the Town, shall be excess and not contributory insurance to that provided by the Owner or the Owner's contractors. No additional insured endorsement to the policy required herein shall contain any exclusion for bodily injury or property damage arising from completed operations. The Owner and its contractor shall be solely responsible for endorsement/additional insured costs, premiums and deductible losses under any policy required above. 6. Water Provision, Water Use and Enforcement 6.1 Water Rights. The Property has been allocated water rights by the Town to serve 24 SFEs. 6.2 Indoor Water Usage Limit. The Owner and Association shall adhere to an indoor usage water budget of no more than 300 gallons per day, per unit, and shall be responsible for managing use to this limit. Any use in excess of this limit may be subject to an excess use fee as determined by the Authority and may be subject to penalties and enforcement actions by the Town. 6.3 Outdoor Water Usage. A. The Owner and Association shall install a separate irrigation meter pursuant to Code § 7.28.050(6)(ii)(D). This section establishes a maximum allowable outdoor water use limit for ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 7 of 17 the development to ensure this Development does not exceed its outdoor water allocation as established by the Authority’s Water Dedication Requirement and Water Service Agreement between the Owner and the Authority. During the first two growing seasons, the Owner and Association shall not exceed _____________ gallons of outdoor water use in any calendar year. Thereafter, the Owner and Association shall not exceed ____________ gallons of outdoor water use in any calendar year. B. Outdoor Water Usage on the Property may be curtailed by the Authority and/or Town during periods of low stream flows, and/or during instream flow calls. Once connected, the Authority and/or Town will monitor water usage of the Property. 6.4 Enforcement. A. The Authority, upon determining that the Owner or Association has exceeded the Water Usage Limits prescribed above in this Article, may provide written notice by mail or e- mail to the Owner or its successors and assigns of the violation of this Section and demand that the excessive water usage cease immediately. The Town, in its sole discretion, may also issue a notice under this Section when it has been notified by the Authority that there is a violation of this Article. B. In the event that the water usage of the Property exceeds the Water Usage Limits in this Article, the Owner and Association shall be obligated to either reduce its water usage to within the Water Usage Limits, or, at the Authority’s sole discretion, pay additional cash in lieu of a water rights dedication fees for the excess water use. If the Authority, in its sole discretion, does not accept an additional cash in lieu of water rights dedication fee, the Owner or its successors and assigns, and the Association, shall be obligated to reduce its water use to the Water Usage Limits in accordance with all remedies set forth in this Agreement. C. Even if the Owner or Association ceases excessive water usage immediately, the Authority, in its sole discretion, may impose excess water usage fees on the Property for the period of excess usage. D. Failure to correct excessive outdoor irrigation water use may result in a seven (7) day Notice of Disconnection, at the sole discretion of the Authority or other enforcement action commenced by the Authority and/or Town. E. The Town has the right, but not the obligation, to enforce the provisions of this Article and may take such action as permitted or authorized by law, this Agreement or the ordinances of the Town, as the Town deems necessary to protect the public health, safety and welfare. Nothing in this Agreement shall be construed to restrict or limit the Town’s rights to enforce and regulate water usage as such rules and regulations may be adopted the Town generally. 7. Maintenance and Ongoing Obligations 7.1 Operations and Maintenance. The Owner understands and acknowledges that those certain aspects of the maintenance, operation and use of the Development, including drainage, infrastructure, landscaping, and sidewalks (“Owner Maintained Public Improvements”), as ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 8 of 17 delineated on Sheets C1.2, C1.3 C2.0, C2.1, C5.0, A111, A111 and A112 of the Development Plan and incorporated herein, require maintenance by Owner. A. Except in the event such liability arises from the action or omission of Town or its officials, agents, representatives, employees, inspectors, including independent third-party inspectors, contractors, and successors and assigns, but without waiving governmental immunity, the Owner agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Owner Maintained Public Improvements erected or maintained by the Owner under this Agreement. B. If the Owner fails to maintain the Owner Maintained Public Improvements, the Town may perform the necessary maintenance and/or repair, as determined by the Town in its sole discretion, after providing at least thirty (30) days written notice to the Owner detailing the necessary maintenance and/or repair. If, after the remedy period set in the notice, the Owner fails to perform the necessary maintenance and/or repair, the Town may perform such maintenance and/or repair. The actual costs of the maintenance and/or repair, together with a fifteen percent (15%) charge for administration, shall be assessed against the Property. The Town shall send a notice of assessment to the Owner and upon the expiration of the thirty (30) period provided in such notice, the costs, including the administrative charge, shall be a lien upon the Property. If the assessment is not paid within thirty (30) days of the lien, the Town may impose interest upon such costs and upon the administrative charge, at the rate of eighteen percent (18%) per year. All costs, interest and charges, including the costs of collection, may be certified to the County Treasurer and collected in the same manner as taxes. 8. Subdivision 8.1 Subdivision. The Owner’s preliminary subdivision application was approved by the Town Council on March 22, 2022 subject to the following conditions: A. Final Plat. Before acceptance of the Public Improvements, the Owner shall submit and have approved a complete application for Final Plat of land prepared by Licensed Colorado Surveyor pursuant to the Municipal Code. Easements for Public Improvements shall be provided for public pedestrian usage of the sidewalk, and for the usage of the stormwater and drainage improvements for their intended purposes. B. Ability to Serve from ERWSD, and final utility verifications. C. Preparation, establishment, execution and recording of a Homeowners Association declarations document which includes maintenance responsibilities, indemnification of Town and pedestrian access requirements, in a form acceptable to the Town. D. The dedication of two park parcels as indicated on Preliminary/Conceptual plat, totaling not less than 6,079.5 sq. ft. for land adjacent to pocket park, and not less than 12.231.8 sq. ft. for river access parcel, which may also be conveyed through a special warranty deed or other form acceptable to the Town. ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 9 of 17 E. Designation of a platted 4’ minimum width Public Pedestrian Access Easement connecting Eaglebend Drive culdesac with Post Boulevard; language approved by the Town Attorney. F. Not later than Final Plat Submittal, design changes made to the Development Plan and landscape plan must be approved by the Town; revised plans will demonstrate compliance with meeting minimum landscape standards on the property. G. Cash in lieu Park Land Dedication payment in the amount of $249,667 8.2 Community Housing Units. Owners agrees to provide one unit of Community Housing. The use of such units shall be restricted to Community Housing (as that term is defined in the Municipal Code) in accordance with such deed restrictions as approved by the Town Council, in Town Council’s sole discretion. The form a deed restriction shall be finalized and approved by Avon Town Council prior to the issuance of a Temporary Certicate of Occupancy or Certificate of Occupancy. 9. Restoration of Site 9.1 Restoration Due to Inactivity. Unless a building permit extension is granted in writing by the building official upon justifiable cause demonstrated by the Owner, any building permit shall become invalid after 180 days of suspended work. If the building permit becomes invalid, the Owner shall restore the site to the condition the site was in at the time of issuance of the building permit (subject to changes reasonably necessary for public safety or preservation of land and adjoining land, or to prevent waste) within thirty (30) days from the date of notice by the Town that restoration is required. Upon restoration of the Property in accordance with this Article and to the reasonable satisfaction of the Town, this Agreement shall automatically terminate. 9.2 Restoration Funds. Owner shall provide $_____________ as security for any possible future required restoration. If the obligation to restore arises (i.e., if the permit becomes invalid) and if the Owner thereafter fails to restore the Property in compliance with this Article and to the Town’s satisfaction, the Town may use such funds to cover the costs of any required restoration work. The Town shall maintain an accounting of such costs and once restoration work is completed, the Town shall return any remaining funds along with such accounting. If the funds are insufficient to perform the restoration work, the Owner, upon demand from the Town, shall deposit additional required funds as determined by the Town. If the Owner fails to provide such funds, the Town’s costs of restoration over the amount of funds current held, shall be a lien upon the Property to be collected in the same manner as property tax and the Town may certify such amount to the County Assessor for collection, including an additional 10% imposed by the Town for costs of collection. 9.3 Return of Funds. After the issuance of a Certificate of Occupancy for Phase 1 of the Development, the Town shall refund 50% of the restoration funds to the Owner. After the issuance of a final Certificate of Occupancy for the last building to be constructed within the Development, the Town shall refund the remaining resorations funds to the Owner. ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 10 of 17 10. Defaults, Remedies and Termination 10.1 Default by Town. A “breach” or “default” by the Town under this Agreement shall be defined as the Town’s failure to perform its obligations under this Agreement, after the applicable cure period described in Section 9.3, below. 10.2 Default by Owner. A “breach” or “default” by the Owner shall be defined as the Owner’s failure to fulfill or perform any obligation of the Owner contained in this Agreement following the applicable cure period described in Section 9.3, below, or the Owner’s failure to fulfill or perform any obligation of the Owner contained in any other written agreement relating to the Property between the Town and the Owner or the Town following any applicable cure period contained in such agreement. The failure by the Owner to cause the Association to collect and remit the timeshare amenities fee to the Town as provided in Section 7.2 shall constitute a default by the Owner. 10.3 Notices of Default. In the event of a default by either Party under this Agreement, the non- defaulting Party shall deliver written notice to the defaulting Party of such default, at the address specified in Section 11.6, and the defaulting Party shall have five (5) days for monetary obligations and thirty (30) days for non-monetary obligations from and after receipt of such notice to cure such default. With respect to non-monetary obligations, if such default is not of a type that with the exercise of reasonable diligence can be cured within such thirty (30) day period and the defaulting Party gives written notice to the non-defaulting Party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting Party shall have a reasonable period of time up to one hundred eighty (180) days given the nature of the default to cure such default, provided that such defaulting Party is at all times within such additional time period actively and diligently pursuing such cure. 10.4 Remedies for Default by Town. If a default by Town under this Agreement is not cured as described in Section 9.3, the Owner shall have the right to enforce the Town’s obligations by an action for any equitable remedy, including, without limitation, injunction or specific performance or an action to recover damages. Each remedy in this Section 9.4 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. 10.5 Remedies for Default by the Owner or Association. If any default by the Owner or the Association under this Agreement is not cured as described in Section 9.3, the Town shall have the right to enforce the Owner’s or the Association’s obligations hereunder by an action for any equitable remedy, including injunction or specific performance, or an action to recover damages. Each remedy in this Section 9.5 is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law or in equity. In addition, if a default of this Agreement by the Owner or the Association also constitutes a violation of the Code and non- compliance with the Development Plan for this Property then the Town shall have all enforcement rights as described in the Code and other applicable sections of the Code concerning enforcement and penalties for violations, as the Code may be amended from time to time. 10.6 Mediation. The Parties agree that prior to submitting any controversy or claim arising out of or relating to this Agreement, including, without limitation, any breach, default, or interpretation hereof, to a legal process, and as a prerequisite to initiating any legal process, the Parties shall ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 11 of 17 attempt to resolve the controversy or claim in good faith in accordance with the procedures stated in this Section 9.6. The Party asserting the breach, default, controversy, or claim shall first provide written notice to the other Party, citing this Section 9.6, and requesting consideration by the other Party to resolve the controversy or claim. The Parties shall use reasonable efforts to resolve the dispute within thirty (30) days from the date of the notice commencing this process. If the dispute is not resolved within thirty (30) days of the date of the notice, or by such longer period as may be mutually agreed by the Parties, then either Party may initiate a legal action. At any time after the written notice citing Section 9.6, the Parties may mutually agree to appoint an independent neutral third party (the “Mediator”) to assist them in resolving the dispute. In such an instance, (i) each Party agrees to provide the Mediator access to all relevant and non-privileged documents and may impose reasonable confidentiality provisions; (ii) the Parties may make representations and submissions to the Mediator but there shall be no formal hearing unless the Mediator requires a formal hearing and provides a written notice to the Parties; (iii) the Mediator shall make his recommendations in writing as soon as is reasonably possible but not later than thirty (30) days following the receipt of representations and submissions by each Party; (iv) the Mediator’s recommendation shall not be binding upon the Parties, but would become binding upon the Parties if voluntarily accepted by both Parties in writing; and (v) the fees of the Mediator shall be paid equally by the Parties. Following receipt by the Parties of the recommendations made by the Mediator, the Parties shall have ten (10) days, or such longer period as may be mutually agreed by the Parties, to accept said recommendation or a mutually acceptable alternative. Submission of the dispute to the Mediator shall be deemed by the Parties to toll the applicable statute of limitations until the mediation process is concluded. 11. Association Matters 11.1 The Owner shall form the Association upon prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the first building to be constructed within the Development and prior to any occupancy thereof; provided, however, that in the event that the Association has not been formed as required, the Owner shall be liable for all obligations of the Association hereunder until such time as the Association is formed. 11.2 In addition to the rights and obligations of the Association, as specifically stated in this Agreement, at such a time as the Association is formed, except for any right of Owner to a refund of any deposit or other monetary security held by Town hereunder, the Association shall be deemed to be the Owner with respect to the provisions, rights, and obligations of this Agreement. The provisions of any other Section of this Agreement necessary to give effect to the Association’s rights and obligations under the foregoing Articles and Sections shall also be deemed to control. The Association shall indemnify and hold harmless the Town for Owner Maintained Public Improvements. The Association Governing Documents will contain a provision stating that the Association shall be subject to this Agreement as provided herein, and recite the Association’s obligations in this Agreement, including the obligation to indemnify the Town, as described herein. In addition, the Association Governing Documents shall state that the Town is a limited third-party beneficiary solely for the purpose of enforcing the performance of the Association’s obligations under this Agreement. ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 12 of 17 11.3 Any failure of the Association Governing Documents to contain provisions required by this Agreement shall be a default by the Owner and the Association under this Agreement, and the Town shall be entitled as a remedy therefor to obtain an order for reformation of the Association Governing Documents so that they are in compliance with this Agreement. 12. Miscellaneous 12.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 12.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Owner, and nothing contained in this Agreement shall be construed as making the Town and the Owner joint venturers or partners. 12.3 Applicability of Avon Municipal Code. All matters not covered by this Agreement are controlled by the Code to the extent applicable. This Agreement does not prevent the Town from imposing additional requirements not inconsistent with this Agreement as conditions for approval of a subdivision or the granting of a building permit. 12.4 Waiver. No waiver of one or more of the terms of this Agreement shall be effective unless in writing. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 12.5 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long at the intent of this Agreement is not frustrated. 12.6 Notices. Any notice or communication required or permitted under the terms of this Agreement shall be in writing, may be given by the Parties hereto or such Party’s respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient(s), by whatever means; (ii) three (3) business days after the same is deposited in the United States Mail, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via electronic mail to intended recipient’s electronic mail address, provided below. Any notice shall be delivered, mailed, or sent, as the case may be, to the appropriate address set forth below: If to Town: Town of Avon Attention: Town Manager P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4004 Email: townmanager@avon.org ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 13 of 17 And: Town of Avon Attention: Town Attorney P.O. Box 975 Avon, Colorado 81620 Telephone: 970-748-4001 Email: townattorney@avon.org If to Owner: Eagle River Homes, LLC Andrea McMillen Email: mcmillen.andrea@gmail.com And: Email: Each Party may change its addresses and/or email addresses for notices pursuant to a written notice that is given in accordance with the terms hereof. As used herein, the term “business day” shall mean any day other than a Saturday, a Sunday or a legal holiday for which U.S. Mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 12.7 Amendment of Agreement. For the purpose of any amendment to this Agreement, “Owner” shall mean only the Owner as defined herein and those parties, if any, who have specifically been granted, in writing by the Owner, the power to enter into such amendments. No amendment to this Agreement shall be valid unless signed in writing by Owner and Town. 12.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. The Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the Association; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of the Owner and comprised of affiliates of the Owner. Further, the Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Notwithstanding the forgoing, any assignee shall fully assume in writing all obligations of the Owner assigned to such assignee and Owner must obtain the Town’s written consent to such assignment, which consent will not be unreasonably withheld or delayed if the Owner has reasonably demonstrated to the Town that the assignee has the financial capability to perform the obligations under this Agreement so assigned. In no event shall any time-share Owner be individually liable for any obligations of the Owner or the Association pursuant to this Agreement. ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 14 of 17 Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. 12.9 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Any electronically delivered counterparts shall have the same force and effect as an “ink-signed” original. 12.10 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.. IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first written above. TOWN: BY:_____________________________ ATTEST: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 15 of 17 OWNER: EAGLE RIVER HOMES, LLC By: ________________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ____________ ) Acknowledged before me this ____ day of _______________ 2022, by ____________________ as ____________________ of Eagle River Homes, LLC, a Colorado limited liability company. My commission expires: _________________ ____________________________________ Notary Public ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 16 of 17 EXHBIT A FINAL PLAT ATTACHMENT D Public Improvements and Development Agreement: Lots 3 & 6 McGrady Acres Subdivision – Town of Avon June 20, 2022 Page 17 of 17 EXHIBIT B ENGINEERS OPINION OF PROBABLE COST FOR PUBLIC IMPROVEMENTS ATTACHMENT D The Nest, McGrady Acres Public Improvements Cost Estimate June 20, 2022 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL SITE DEMO Mill existing asphalt drive SF 20 3.00$ 60.00$ Sawcut / remove existing curb LF 125 10.00$ 1,250.00$ Sawcut / remove existing concrete walk SF 576 7.00$ 4,032.00$ Relocate sign EA 1 450.00$ 450.00$ Remove sign EA 1 150.00$ 150.00$ Remove Fence LF 457 7.00$ 3,199.00$ TOTAL DEMO 9,141.00$ SITE Asphalt - (4" deep) TN 358 160.00$ 57,280.00$ Asphlat- (8" deep- bus stop)TN 24 160.00$ 3,840.00$ 8' wide Concrete walk SF 584 9.00$ 5,256.00$ 4' wide Concrete walk SF 1932 9.00$ 17,388.00$ 3' wide Concrete Drainage Pan SF 1815 10.00$ 18,150.00$ 6" tall vertical Curb and Gutter LF 127 42.00$ 5,334.00$ Basecourse (drive, walk, pan, c/g)TN 686 45.00$ 30,870.00$ Concrete Pavers SF 220 12.00$ 2,640.00$ Truncated Dome Plates SF 42 60.00$ 2,520.00$ Boulder walls SF 1912 30.00$ 57,360.00$ Thermoplastic crosswalk SF 60 22.00$ 1,320.00$ Thermoplastic stop bar SF 20 22.00$ 440.00$ Bus Shelter LS 1 25,000.00$ 25,000.00$ Erosion log wattles LF 775 1.50$ 1,162.50$ Silt Sacks EA 4 180.00$ 720.00$ Erosion Logs at inlets EA 10 100.00$ 1,000.00$ Revegetation LS 1 8,000.00$ 8,000.00$ Landscaping LS 1 75,000.00$ 75,000.00$ TOTAL SITE 313,280.50$ UTILITY 8" PVC Sewer Main LF 382 70.00$ 26,740.00$ Sewer Video & Testing LF 382 5.00$ 1,910.00$ 4' Diameter Sewer Manhole EA 5 4,100.00$ 20,500.00$ Adjust Sewer Manhoel to grade EA 1 800.00$ 800.00$ 8" DIP Water Main LF 405 75.00$ 30,375.00$ 16" Gate Valves EA 4 3,800.00$ 15,200.00$ 8" Gate Valves EA 2 2,100.00$ 4,200.00$ 8" Mechanical Bends EA 3 700.00$ 2,100.00$ 16" x 8" Tee EA 2 2,200.00$ 4,400.00$ Fire Hydrant Assembly EA 2 4,900.00$ 9,800.00$ The Nest, McGrady Acres Public Improvements Cost Estimate June 20, 2022 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 16" x 6" Tee EA 1 1,400.00$ 1,400.00$ 8" x 6" Tee EA 1 800.00$ 800.00$ 6" Gate valves EA 2 1,200.00$ 2,400.00$ TOTAL UTILITY 120,625.00$ SHALLOW UTILITY Trenching- Joint Mains (elec. & comm)LF 380 20.00$ 7,600.00$ Trenching- Joint Services (elec & comm)LF 1110 20.00$ 22,200.00$ Electric Transformer (install)EA 3 1,200.00$ 3,600.00$ 4" PE Gas Main (trenching)LF 320 22.00$ 7,040.00$ TOTAL UTILITY 40,440.00$ STORM 6" HDPE Storm LF 62 30.00$ 1,860.00$ 8" HDPE Storm LF 168 40.00$ 6,720.00$ 12" HDPE Storm LF 685 55.00$ 37,675.00$ 12" Flared End Section EA 2 450.00$ 900.00$ Water Quality Vaults EA 2 12,000.00$ 24,000.00$ 2'x3' Valley Inlet EA 3 2,800.00$ 8,400.00$ 2'x3' Curb Inlet EA 1 2,800.00$ 2,800.00$ 12" Nyloplast Drain Inlet EA 15 500.00$ 7,500.00$ TOTAL STORM 89,855.00$ GRAND TOTAL 532,952.50$ This takeoff does not include engineering, Holy Cross Energy material fees, Xcel Gas material fees, Communication material fees, tap fees, materials testing, Surveying, Construction Admin., Permit Fees, Town Fees, irrigation, off-site utility upgrades, or other off-site improvements. The actual cost may vary significantly based upon final design, hauling and disposal of excess materials, amount of unsuitable material encountered, the cost and availability of labor, equipment, material and market conditions. i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR [MCGRADY ACRES TOWNHOMES] County of Eagle, State of Colorado THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR [MCGRADY ACRES TOWNHOMES] CONTAINS MANDATORY ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, IN LIEU OF LITIGATION, THAT CANNOT BE AMENDED OR DELETED WITHOUT DECLARANT CONSENT After Recording Return to: ______________________ ______________________ ______________________ ATTACHMENT E ii TABLE OF CONTENTS [TO BE UPDATED] Page RECITALS .................................................................................................................................... 1 ARTICLE 1 DECLARATION AND SUBMISSION ................................................................ 1 ARTICLE 2 DEFINITIONS ........................................................................................................ 2 ARTICLE 3 NAME; NUMBER OF UNITS; DESCRIPTION ................................................ 5 Section 3.1 Name. .................................................................................................................. 5 Section 3.2 Association. ......................................................................................................... 5 Section 3.3 Number of Units. ................................................................................................. 5 Section 3.4 Inseparability/Transfer. ....................................................................................... 6 ARTICLE 4 USE RESTRICTIONS .............................................. Error! Bookmark not defined. Section 4.1 Unit Use. ............................................................................................................. 6 Section 4.2 Leasing. ............................................................................................................... 7 Section 4.3 Pets. ..................................................................................................................... 7 Section 4.4 Miscellaneous. ..................................................................................................... 7 ARTICLE 5 MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS 10 Section 5.1 The Association. ................................................................................................ 10 Section 5.2 Transfer of Membership. ................................................................................... 10 Section 5.3 Membership and Voting. ................................................................................... 10 Section 5.4 Board. ................................................................................................................ 11 Section 5.5 Books and Records. ........................................................................................... 11 Section 5.6 Manager. ........................................................................................................... 11 Section 5.7 Rights of Action. ............................................................................................... 11 Section 5.8 Implied Rights and Obligations. ....................................................................... 12 Section 5.9 Notice. ............................................................................................................... 12 ARTICLE 6 POWERS OF THE BOARD OF THE ASSOCIATION .................................. 16 ARTICLE 7 LIENS .................................................................................................................... 18 Section 7.1 No Liability. ...................................................................................................... 18 Section 7.2 Indemnification. ................................................................................................ 18 Section 7.3 Association Action. ........................................................................................... 18 ARTICLE 8 EASEMENTS ........................................................................................................ 18 Section 8.1 Recorded Easements. ........................................................................................ 18 Section 8.2 Declarant Rights Incident to Construction. ....................................................... 19 Section 8.3 Utility Easements. ............................................................................................. 19 Section 8.4 Reservation of Easements, Exceptions and Exclusions. ................................... 19 Section 8.5 Emergency Access Easement. ........................................................................... 20 Section 8.6 Support Easements. ............................................ Error! Bookmark not defined. Section 8.7 Easements for Encroachments. ......................................................................... 20 ARTICLE 9 MAINTENANCE ....................................................... Error! Bookmark not defined. Section 9.1 Maintenance by Owners. .................................... Error! Bookmark not defined. Section 9.2 Owner’s Failure to Maintain or Repair. ............. Error! Bookmark not defined. iii Section 9.3 Maintenance by Association. ............................. Error! Bookmark not defined. Section 9.4 Association Maintenance as Common Expense.Error! Bookmark not defined. Section 9.5 Easement for Maintenance. ................................ Error! Bookmark not defined. Section 9.6 Mold and/or Mildew. ......................................... Error! Bookmark not defined. ARTICLE 10 INSURANCE....................................................................................................... 22 Section 10.1 Association Insurance. ...................................................................................... 22 Section 10.2 Separate Insurance. ........................................................................................... 22 Section 10.3 Owner Insurance. ............................................... Error! Bookmark not defined. ARTICLE 11 ASSESSMENTS .................................................................................................. 26 Section 11.1 Obligation. ......................................................................................................... 26 Section 11.2 Budget. .............................................................................................................. 26 Section 11.3 Annual Assessments. ........................................................................................ 26 Section 11.4 Apportionment of Annual Assessments. ........................................................... 27 Section 11.5 Special Assessments. ........................................................................................ 28 Section 11.6 Default Assessments. ........................................................................................ 28 Section 11.7 Effect of Nonpayment; Assessment Lien. ......................................................... 28 Section 11.8 Personal Obligation. .......................................................................................... 29 Section 11.9 Payment by Mortgagees. ................................................................................... 29 Section 11.10 Statement of Status of Assessment Payment. ................................................... 29 Section 11.11 Capitalization of the Association. ..................................................................... 30 Section 11.12 Maintenance Accounts; Accounting. ................................................................ 30 ARTICLE 12 DAMAGE OR DESTRUCTION ....................................................................... 30 Section 12.1 The Role of the Board. ...................................................................................... 30 Section 12.2 Estimate of Damages or Destruction. ............................................................... 30 Section 12.3 Repair and Reconstruction. ............................................................................... 31 Section 12.4 Funds for Repair and Reconstruction. ............................................................... 31 Section 12.5 Disbursement of Funds for Repair and Reconstruction. ................................... 31 ARTICLE 13 CONDEMNATION ............................................................................................ 31 Section 13.1 Rights of Owners. ............................................................................................. 31 Section 13.2 Partial Condemnation; Distribution of Award; Reconstruction. ....................... 32 Section 13.3 Complete Condemnation. .................................................................................. 32 ARTICLE 14 BOARD AS ATTORNEY-IN-FACT ................................................................ 32 ARTICLE 15 RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS ............................................................................................................ Error! Bookmark not defined. Section 15.1 Reservation of Subdivision/Combination/Conversion Rights.Error! Bookmark not defined. Section 15.2 Create and Allocate Certain Common Elements and Limited Common Elements. ............................................................ Error! Bookmark not defined. Section 15.3 Other Reserved Rights. ...................................... Error! Bookmark not defined. Section 15.4 Construct Additional Common Elements/Add Additional Property. ........ Error! Bookmark not defined. Section 15.5 Termination of Rights. ....................................... Error! Bookmark not defined. Section 15.6 Exercise of Rights. ............................................. Error! Bookmark not defined. iv ARTICLE 16 ARCHITECTURAL CONTROL AND DESIGN REVIEW .......................... 33 Section 16.1 Alterations. ........................................................................................................ 33 Section 16.2 Architectural Review. ....................................................................................... 33 Section 16.3 Requirement for Approval. ............................................................................... 33 Section 16.4 Violation. ........................................................................................................... 34 Section 16.5 Criteria for Approval. ........................................................................................ 34 Section 16.6 Fees. .................................................................................................................. 34 ARTICLE 17 MORTGAGEES’ RIGHTS ............................................................................... 34 Section 17.1 Title Taken by Mortgagee. ................................................................................ 34 Section 17.2 Right to Pay Taxes and Charges. ...................................................................... 34 Section 17.3 Notice to Eligible Mortgagees. ......................................................................... 35 Section 17.4 Distribution of Insurance or Condemnation Proceeds. ..................................... 35 Section 17.5 Action by Mortgagee. ....................................................................................... 35 ARTICLE 18 DURATION OF COVENANTS AND AMENDMENT .................................. 35 Section 18.1 Term. ................................................................................................................. 35 Section 18.2 Amendments. .................................................................................................... 36 Section 18.3 Amendment Procedure. ..................................................................................... 36 ARTICLE 19 NO TIMESHARING .......................................................................................... 36 ARTICLE 20 DISPUTE RESOLUTION ................................................................................. 37 Section 20.1 Definitions Applicable to this Article 19. ......................................................... 37 Section 20.2 Intent of Parties; Applicability of Article; and Applicability of Statutes of Limitations. ....................................................................................................... 38 Section 20.3 Exclusions from “Claim.” ................................................................................. 38 Section 20.4 Notice; Right to Inspect and Correct; Mediation. ............................................. 39 Be sent via certified mail or personal delivery and set forth the nature of the Claim and each Respondent’s role in the Claim; ........................................................................ 39 Section 20.5 Commencing a Formal Claim. .......................................................................... 41 Section 20.6 Notice of Certain Claims. .................................................................................. 45 Section 20.7 Amendment. ...................................................................................................... 45 Section 20.8 Littleton Ordinance. ........................................... Error! Bookmark not defined. Section 20.9 Waiver of Jury Trial. ......................................................................................... 45 Section 20.10 Conflict with Laws. ........................................................................................... 46 ARTICLE 21 OWNER’S ACKNOWLEDGMENTS AND WAIVERS ................................ 46 Section 21.1 Mold. ................................................................................................................. 46 Section 21.2 Noise Disturbances. .......................................................................................... 46 Section 21.3 No View or Light Easement. ............................................................................. 46 Section 21.4 Security. ............................................................................................................ 47 Section 21.5 Other Properties. ............................................................................................... 47 Section 21.6 Soils. .................................................................................................................. 48 Section 21.7 Inspection by Others; Waiver of Post Inspection Liability. .............................. 49 ARTICLE 22 GENERAL PROVISIONS ................................................................................. 50 Section 22.1 Severability. ...................................................................................................... 50 Section 22.2 Conflicts Between Documents. ......................................................................... 51 v MORTGAGEE CONSENT ....................................................................................................... 53 _Toc279753344 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR [MCGRADY ACRES TOWNHOMES] THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR [MCGRADY ACRES TOWNHOMES] (“Declaration”) is made as of the date set forth below by EAGLE RIVER HOMES, LLC, a Colorado limited liability company (“Declarant”). RECITALS A. Declarant is the owner of real property located in Eagle County, Colorado, more particularly described on the attached Exhibit A (“Property”). B. Declarant desires to create a planned community on the Property pursuant to the Colorado Common Interest Ownership Act, as set forth in Colorado Revised Statutes §38-33.3-101 et seq. (“Act”), the name of which is [McGrady Acres Townhomes]. THE TERMS AND PROVISIONS OF THIS DECLARATION REQUIRING ALTERNATIVE DISPUTE RESOLUTION FOR CONSTRUCTION DEFECT CLAIMS INURE TO THE BENEFIT OF DECLARANT AND THE DEVELOPMENT PARTIES (AS DEFINED IN SECTION 19.1 BELOW), ARE ENFORCEABLE BY DECLARANT AND SHALL NOT BE AMENDED FOR A PERIOD OF 20 YEARS AFTER THIS DECLARATION IS RECORDED WITH THE CLERK AND RECORDER WITHOUT THE WRITTEN CONSENT OF DECLARANT AND WITHOUT REGARD TO WHETHER DECLARANT OWNS ANY PORTION OF THE PROJECT AT THE TIME OF SUCH AMENDMENT. BY TAKING TITLE TO A UNIT, ALL OWNERS AND THE ASSOCIATION ACKNOWLEDGE AND AGREE THAT DECLARATION PROVISIONS REQUIRING ALTERNATIVE DISPUTE RESOLUTION OF CONSTRUCTION DEFECT CLAIMS ARE A SIGNIFICANT INDUCEMENT TO THE DECLARANT’S WILLINGNESS TO DEVELOP AND SELL THE UNITS AND THAT IN THE ABSENCE OF THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS CONTAINED IN THIS DECLARATION, DECLARANT WOULD HAVE BEEN UNABLE AND UNWILLING TO DEVELOP AND SELL THE UNITS FOR THE PRICES PAID BY THE ORIGINAL PURCHASERS. ARTICLE 1 DECLARATION AND SUBMISSION Declarant hereby declares that the Property shall be held and conveyed subject to the provisions of this Declaration which shall run with the land and be binding on all parties having any right, title or interest in any part of the Property. Additionally, Declarant hereby submits the Property to the provisions of the Act, in order to create a planned community. 2 ARTICLE 2 DEFINITIONS The following words when used in this Declaration shall have the following meanings: Section 2.1 “Allocated Interests” means an interest allocated to each Unit specifically related to the assessment of Common Expenses for such Units for Exterior Maintenance, Roof Maintenance and Reserves (as such terms are hereinafter define). The Allocated Interests of each Unit is determined based on a fraction, the numerator of which is the square footage of the Unit, and the denominator of which is the square footage of all Units. For purposes of determining the Allocated Interests of each Unit in the Common Expenses (as related only to Exterior Maintenance, Roof Maintenance and Reserves), the attached Exhibit B-1 shall be final and determinative for all purposes. Section 2.2 “Articles” means the Articles of Incorporation for the __________________, a Colorado nonprofit corporation, currently on file with the Colorado Secretary of State, and any amendments that may be made to those Articles from time to time. Section 2.3 “Assessments” means the Annual Assessments, Special Assessments and Default Assessments levied pursuant to Article 10 below. Section 2.4 “Association” means the __________________, a Colorado nonprofit corporation. Section 2.5 “Association Documents” means this Declaration, the Articles, the Bylaws, the Plat, and any budget, procedures, rules, regulations or policies adopted under such documents by the Association. Section 2.6 “Board” means the governing body of the Association. Section 2.7 “Bylaws” means the Bylaws adopted by the Association, as amended from time to time. Section 2.8 “Building” means each Building within the Project that contains Units. Section 2.9 “Clerk and Recorder” means the office of the Clerk and Recorder in Eagle County, Colorado. Section 2.10 “Common Elements” means all portions of the Project except the Units. The Common Elements are owned by the Owners in undivided interests according to the Sharing Ratio for each Unit as set forth in Exhibit B and consist of General Common Elements and Limited Common Elements. Common Element is also referred to as “Common Element” in the Act. 2.12.1 “General Common Elements” means all tangible physical properties of, and other appurtenant interests associated with, this Project, except the Limited Common Elements and the Units. It is anticipated, without obligation, that the initial General Common Elements shall include (i) entry and other pocket areas of shared landscaping and signage, (ii) common pedestrian paths connecting the 3 Project to public pedestrian and bike paths, (iii) certain common buffer areas located throughout the Project and public roadways, (iv) the “Common Driveway” and the Common Driveway Easement. Such areas are expected to be labeled as “General Common Elements” on the Plat. The Association is obligated to accept conveyances or assignments of property and/or property interest by Declarant, including, without limitation, the Common Driveway, and the Association shall thereafter assume the maintenance, management and operation of same in accordance with the terms of this Declaration (and the terms of the Common Driveway Easement with respect to the Common Driveway). 2.12.2 “Limited Common Elements” means those interests in the Common Elements which are either limited to or reserved in this Declaration, on the Plat, or by authorized action of the Association or Declarant, for the exclusive use of a Unit, or are limited to and reserved for the common use of more than one but fewer than all Units. Section 2.11 “Common Expenses” means (a) all expenses expressly declared to be Common Expenses by this Declaration or the Bylaws, (b) all other expenses of the Association in administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements, (c) insurance premiums for the insurance carried under Article 9 below, and (d) all expenses determined to be Common Expenses by the Board. Section 2.12 “Common Driveway Easement” shall mean that certain Common Driveway Easement and Maintenance Declaration recorded in connection with this Declaration, and the property and improvements subject to such Common Driveway Easement, the “Common Driveway”. Section 2.13 “Declarant” means Eagle River Homes, LLC, a Colorado limited liability company, and its successors and assigns. A Person shall be deemed a “successor and assign” of Declarant only if specifically designated in a duly recorded instrument as a successor or assign of Declarant under this Declaration (including any such assignment by Declarant to its lender), and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of the Declarant under this Declaration which are specifically designated in the recorded instrument. Section 2.14 “Declarant Rights” means the development rights, special declarant rights and other rights granted to or reserved by Declarant as set forth in this Declaration and the Act. Section 2.15 “Declaration” means this Declaration and the Plat, and amendments and supplements to the foregoing. Section 2.16 “Eligible Mortgagee” means a holder, insurer or guarantor of a First Mortgage who has delivered a written request to the Association containing its name, address, the legal description and the address of the Unit encumbered by its First Mortgage, requesting that the Association notify them on any proposed action requiring the consent of the specified percentage of Eligible Mortgagees. Section 2.17 “Community Housing Unit” means Unit , which is designated with the prefix “E” on the Plat [TO BE CONFIRMED].The Community Housing Unit is subject to 4 certain limitations as to its use and occupancy pursuant to regulations of the Town of Avon Home Rule Charter and Code. Section 2.18 “Exterior Maintenance Area” means those portions of the exterior of each Unit and the exterior of each Building within the Project to be maintained by the Association as described in Section 5.1 below. Any maintenance by the Association of the Exterior Maintenance Area shall be referred to herein as “Exterior Maintenance.” Section 2.19 “First Mortgage” means any Mortgage the priority of which is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. Section 2.20 “First Mortgagee” means any Person named as a Mortgagee in any First Mortgage. Section 2.21 “Manager” means a Person engaged by the Association to perform certain duties, powers or functions of the Association to the extent the Board may authorize from time to time. Section 2.22 “Member” means every Person that holds membership in the Association by virtue of ownership of a Unit (i.e., every Owner of a Unit is a Member). Section 2.23 “Mortgage” means any mortgage, deed of trust or other document conveying any Unit or interest therein to a Mortgagee, but only as security for payment of a debt or obligation and not intended to initially convey fee simple title thereof. Section 2.24 “Mortgagee” means any Person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such Person under such Mortgage. Section 2.25 “Owner” means the owner of record, whether one or more persons or entities of fee simple title to any Unit, and “Owner” also includes the purchaser under a contract for deed covering a Unit with a current right of possession and interest in the Unit. Section 2.26 “Owner’s Agent” means a member of an Owner’s family, or an Owner’s agent, employee, invitee, licensee or tenant. Section 2.27 “Party Wall” means any common wall adjoining two Units and shall be deemed to include the footings underlying, the portion of the roof over, and the utility lines within a common wall. Section 2.28 “Person(s)” means any natural person or any legal association of persons including, but not limited to, partnerships, limited partnerships, corporations, limited liability entities or associations recognized under Colorado law. Section 2.29 “Plat” means the subdivision plat of [McGrady Acres Townhomes] recorded _________________, at Reception No. _________________, in the Office of the Clerk and Recorder of Eagle County, Colorado, and all supplements and amendments thereto. 5 Section 2.30 “Project” means the planned community created by this Declaration and as shown on the Plat consisting of the Property, the Buildings, the Units and the Common Elements, subject to Declarant Rights set forth herein, and known as [McGrady Acres Townhomes]. Section 2.31 “Rules” means the rules and regulations adopted by the Board for the regulation and management of the Project, as amended from time to time. Section 2.32 “Sharing Ratio” means the interest in the Common Expenses and Common Elements allocated to each Unit (excluding the Common Expenses for Exterior Maintenance, Roof Maintenance and Reserves), and the voting right of each Unit. The Sharing Ratios among all Units are set forth in Exhibit B-2 attached hereto and made a part hereof. For purposes of determining the Sharing Ratio of each Unit in the Common Expenses (excluding the Common Expenses for Exterior Maintenance, Roof Maintenance and Reserves) and Common Elements, the attached Exhibit B-2 shall be final and determinative for all purposes. Owners shall be entitled to one vote for each Unit owned within the Project. Section 2.33 “Successor Declarant” means any party or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded in the Office of the Clerk and Recorder, designating such party as a Successor Declarant. Upon such recording, Declarant’s rights and obligations under this Declaration shall cease and terminate to the extent provided in such document. Section 2.34 “Unit” means each residential townhome unit within each Building within the Project, together with all Limited Common Elements appurtenant thereto. Unit is also referred to as a “Unit” under the Act. Each capitalized term not otherwise defined in this Declaration or on the Plat shall have the same meanings specified or used in the Act. ARTICLE 3 NAME; NUMBER OF UNITS; DESCRIPTION; USE RESTRICTIONS Section 3.1 Name. The name of the Project is [McGrady Acres Townhomes]. The Project is a planned community pursuant to the Act. Section 3.2 Association. The name of the Association is _________________. The Association has been incorporated as a nonprofit corporation under the laws of the State of Colorado. Section 3.3 Number of Units. The Project may consist of a maximum of twenty four (24) Units (“Units That May Be Created”), one (1) of which is designated as an Community Housing Unit. The Project currently consists of the ____ Units shown on the Plat. Each Unit shall consist of the real estate constituting the Unit plus an undivided ownership interest in the Common 6 Elements as described in this Declaration and/or the Plat Nothing contained herein shall prevent any owner from participating in any Avon Community Housing Program. Section 3.4 Description of Units. 3.4.1 Each Unit shall be inseparable and may be leased, devised or encumbered only as a residence. 3.4.2 Title to a Unit may be held individually or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Unit in which he owns an interest. For all purposes herein, there shall be deemed to be only one Owner for each Unit. The parties, if more than one, having the ownership of a Unit shall agree among themselves how to share the rights and obligations of such ownership, but all such parties shall be jointly and severally liable for performance and observance of all of the duties and obligations of an Owner hereunder with respect to the Unit in which they own an interest. 3.4.3 Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Unit may describe it as follows: Unit No. _____, [McGrady Acres Townhomes], according to the Plat of _______________, to be recorded in the Office of the Clerk and Recorder of the County of Eagle, Colorado. 3.4.4 Each Unit shall be considered a separate parcel of real property and shall be separately assessed and taxed. 3.4.5 No Owner of a Unit shall bring any action for partition or division of the Common Elements. 3.4.6 Each Unit shall be used and occupied solely for a residential dwelling purposes in the manner described in Section 3.5 below. Notwithstanding the foregoing, Declarant, for itself and its successors and assigns, hereby retains a right to maintain any Unit or Units as sales offices, management offices or model Units so long as Declarant, or its successors or assigns, is the Owner of the Unit. The use by Declarant of any Unit as a model Unit, office or other use shall not affect the Unit’s designation on the Plat as a separate Unit. Section 3.5 Unit Use. Each Owner shall be entitled to the exclusive ownership and possession of their Unit. Each Unit shall be used and occupied primarily as a residential townhome. No industry, business, trade, occupation, or profession of any kind, commercial, religious, educational, or otherwise, designed for profit, altruism, exploration, or otherwise, shall be conducted, maintained, or permitted in a Unit except as hereinafter expressly provided. The foregoing shall not, however, be construed in such a manner as to prohibit an Owner from maintaining a home office in conformance with applicable zoning. The Community Housing Unit shall be used for residential purposes only, in conformity with all zoning laws, ordinances and 7 regulations and shall be used, occupied, and restricted in accordance with the Town of Avon Home Rule Charter and Code. Subject to the Declarant Rights reserved herein, the Board may establish and enforce additional Rules related to activities within the Project, including the Units. Section 3.6 Leasing. An Owner shall have the right to lease its Unit upon such terms and conditions as the Owner may deem advisable and which are permitted by the Town of Avon; provided, however, that (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of this Declaration, (ii) a Unit may be leased only for the uses provided hereinabove, and (iii) any failure of a lessee to comply with the terms of this Declaration, the Articles, the Bylaws or the rules of the Association shall be a default under the lease enforceable by the Association. Further, any lease, sub-lease or rental agreement related to a Unit must be in compliance with all laws, ordinances and regulations. Both the Unit Owner and the tenant(s) shall be jointly and severally liable to the Association for any and all violations caused by said tenants. Leasing of a Unit shall not relieve the Owner of the Unit of his or her rights, responsibilities and obligations under this Declaration and other governing documents, including, but not specifically limited to, the duty to pay Assessments, and the same shall be as fully enforceable as to such Owner as though such Owner were itself occupying such Unit. Section 3.7 Pets. No household pet or animal shall be allowed in or about the Project, including the Common Elements, at any time without close supervision by an Owner. The Board may prohibit keeping within a Unit certain breeds or kinds of dogs, cats and birds, and other pets, restrict the size of such pets, and impose conditions and restrictions upon keeping such pets, based upon a specific determination that such type or size of pet or that more than one of a particular type of pet may constitute a safety concern or nuisance to other Owners. Owners shall be responsible for strict compliance with all laws and any Rules adopted from time to time by the Board related to pet ownership, including any regulation wholly excluding or limiting the number or type of pets allowed, and shall ensure their pet does not interfere with other Owners’ quiet use and enjoyment of the Project. Owners will be held responsible for any waste or damage created by their pets in the Common Elements and for any offensive noises created by their pets. An Owner’s right to keep household pets shall be coupled with the responsibility to pay for any damage caused by such Owner’s pet, as well as any costs incurred by the Association as a result of such pet, and any such amounts shall be and constitute a Default Assessment subject to and enforceable by the Association in accordance with this Declaration. Section 3.8 No Impairment. No Owner, a guest, lessee or invitee of a Unit or agent of such Owner shall do any work which, in the reasonable opinion of the Board, would jeopardize the soundness or safety of the Project or any structure created thereon or would impair any easement or other interest in real property thereto. Section 3.9 Unit Temperatures. The Units must (a) be heated as necessary to maintain a minimum temperature of 55 degrees Fahrenheit from October 1 through May 30 every year, and (b) not be cooled to a temperature that causes undue moisture and frosting of Unit elements. Section 3.10 Window Coverings. All window coverings must be maintained in good condition, and must be removed or replaced if they become stained, torn, damaged or otherwise 8 unsightly in the opinion of the Board. The Board may adopt rules and regulations requiring specific window coverings as the approved window coverings for all Units and/or otherwise regulating window coverings and their appearance. Section 3.11 Windows and Glass Doors. No windows or glass doors within a Unit may have any reflective or tinted substance placed on them. No unsightly materials may be placed on any window or glass door or be visible through such window or glass door. Section 3.12 Smoking Prohibitions and Regulation. Smoking is absolutely prohibited in or on all areas comprising the Project other than within a Unit and is prohibited on patios and decks and all Common Elements and the Exterior Maintenance Area. A violation of the foregoing restriction shall be considered a nuisance and subject to applicable remedies against the offending Owner, including, without limitation, the imposition of fines in accordance with the governance policies of the Association. The Association may adopt rules and regulations to further define and regulate smoking. Smoking shall be deemed to include the use of smoke-producing or vapor- producing products such as, but not limited to, cigarettes, cigars, pipes, marijuana, hookah, and electronic smoking devices (e.g., vaping). Smoking shall not be deemed to include smoke- producing or vapor-producing products involved with customary cooking, grilling or other household practices within a Unit. Section 3.13 Signs. No advertising or signs of any character shall be erected, placed, permitted, or maintained on any Common Element or any Unit (other than an appropriate identifying number), except to the extent the foregoing is in conflict with applicable law, except for the Declarant Rights reserved herein, and except as approved by the Board pursuant to resolution or by adoption of Rules for the Project. Section 3.14 Prohibition of Increases in Insurable Risks and Certain Activities. Nothing shall be done or kept in any Unit or in or on the Common Elements, or any part thereof, which would result in the cancellation of the insurance on all or any part of the Project or in an increase in the rate of the insurance on all or any part of the Project over what the Association, but for such activity, would pay, without the prior written approval of the Association. Nothing shall be done or kept in any Unit or in or on the Common Elements which would be in violation of any statute, rule, ordinance, regulation, permit, or other imposed requirement of any governmental body having jurisdiction over the Property. No damage to or waste of the Common Elements shall be committed by any Owner, or by any member of the Owner’s family, or by any guest, lessee, invitee, or contract purchaser of any Owner, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by him, the members of his family, or his guests, lessees, invitees, or contract purchasers. Failure to so indemnify shall be a default by such Owner under this Section, and such amount to be indemnified shall automatically become a Default Assessment determined and levied against such Unit. At its own initiative or upon the written request of any Owner (and if the Association determines that further action by the Association is proper), the Association shall enforce the foregoing indemnity as a Default Assessment as provided in Sections 10.6 and 10.7 below. Section 3.15 Use of Common Area and Exterior Maintenance Area. There shall be no obstruction of the Common Elements or the Exterior Maintenance Area, nor shall anything be kept 9 or stored on any part of the Common Elements or the Exterior Maintenance Area by any Owner without the prior written approval of the Association. Notwithstanding the foregoing, patio furniture, planters and other items appropriate for use and display on patios, porches and front walkways may be kept in those portions of the Common Elements and Exterior Maintenance Area designed for such uses, unless the Association requests that such items be moved or removed. Nothing shall be altered on, constructed in, attached to or removed from the Common Elements or the Exterior Maintenance Area by any Owner without the prior written approval of the Association. The Exterior Maintenance Area of each Unit, including decks and patios, shall be used only for the purposes intended, and shall not be used for drying or hanging garments, cleaning of rugs, or storing other objects, including, without limitation, any bicycles, skis, recreational equipment or gear or other personal property of any nature, except as permitted by law or by any rules and regulations adopted by the Association. The Board may adopt rules and regulations requiring specific furniture, barbeque grills and/or other personal property as the approved items for use on decks and patios No hot tubs, spas or similar devices may be placed, installed or otherwise used on the Exterior Maintenance Area without the express written approval of the Board. No exterior speakers or other amplification equipment may be installed without the prior written approval of the Board. Each Owner shall keep the Exterior Maintenance Area of such Owner’s Unit in a state of good cleanliness and order. Section 3.16 Nuisances and Unsightliness. No noxious or offensive activity shall be carried on within the Project, nor shall anything be done or maintained thereon that may be or become an annoyance or nuisance to others, endanger the health or safety of other Owners, violate the law or any other provision of this Declaration or the governing documents of the Association, or otherwise detract from the Community’s value as an attractive residential community. The Units may not be used for any use (1) constituting a public or private nuisance, (2) consisting of the manufacture of any product, or (3) which causes undue odor, noise, vibration or glare, including, without limitation, the use of amplification or equipment, in each instance in a manner that in the sole discretion of the Board interferes with the rights, comfort or convenience of the other Owners. Subject to applicable law, the Board shall have full and absolute authority to adopt and enforce rules and regulations related to nuisances, unsightliness and/or hazardous activities or conditions within [McGrady Acres Townhomes], including, without limitation, the regulation or prohibition or storage, trash receptacles, trailers and campers, sports equipment or improvements, exterior lighting and light bulb color, and other activities or items deemed unsightly or a nuisance by the Board. The Board may take such action or actions as it deems reasonably necessary to correct any violation, including, after notice and the opportunity for a hearing as provided in the Association Documents, directing permanent removal of the offending item(s) from the Project and/or the imposition of fines during any period of violation. Section 3.17 Antennas and Satellite Dishes. No satellite dishes, antennas and similar devices for the transmission or reception of television, radio, satellite or other signals of any kind (hereinafter, a “Reception Device”) shall be permitted upon the exterior of any Unit or multi-unit building within the Project except as follows: transmission, direct broadcast satellite (DBS) and broadband radio service (BRS) satellite dishes or antennas one meter or less in diameter and television broadcast service antennas (“Permitted Antennas”) may only be installed within a Unit or on the inside perimeter of a ground floor terrace exclusively serving the Unit in the least conspicuous location and in accordance with any duly adopted rules and regulations of the Association. If an Owner is unable to obtain a signal in a location in which he has a right to install 10 the Permitted Antenna and wishes to install the Permitted Antenna in a different location, such Owner may request and the Board will consider a reasonable alternative. Owners shall deliver written notice to the Board before any installation describing the location and specific details regarding the Permitted Antenna. The placement, color or paint requirements, degree of affixation and other related design criteria may be regulated pursuant to duly adopted rules and regulations of the Association. No transmission, DBS or BRS satellite dish or antenna larger than one meter in diameter shall be placed, allowed or maintained upon any Unit, including any terrace. Permitted Antennas must be affixed in such a way that wind or other elements will not blow or move them around or off the terrace for the safety of all Owners and will be reasonably screened. This Section is intended to comply with the Telecommunications Act of 1996 and the rules and regulations promulgated by the Federal Communications Commission (“FCC”). Specifically, this Section is not intended to unreasonably delay or prevent installation, maintenance or use of Permitted Devices, unreasonably increase the cost of installation, maintenance or use of Permitted Devices, or preclude reception of an acceptable quality signal. In the event that any portion of this Section is found to violate such Telecommunications Act or any rule or regulation of the FCC, the portion of this Section that is found to be in violation shall be stricken and the remaining provisions of this Section shall remain in full force and effect, or this Section shall otherwise be deemed modified to so comply. Section 3.18 Declarant’s Exemption. Nothing contained in this Declaration shall be construed to prevent (i) the exercise by Declarant of any special declarant rights (as that term is defined in the Act); or (ii) the erection or maintenance by Declarant or its duly authorized agents, of temporary structures, trailers, improvements or signs necessary or convenient to the development, marketing or sale of property within [McGrady Acres Townhomes]; provided, however, that Declarant shall comply with all applicable laws in the exercise of the rights in this Section. ARTICLE 4 MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS Section 4.1 The Association. Every Owner shall be a Member of the Association. Membership is mandatory and is appurtenant to and may not be separated from ownership of a Unit, except as provided in Section 5.2 below. Section 4.2 Transfer of Membership. Except as approved by the Association, an Owner shall not transfer, pledge or alienate their membership in the Association in any way, except upon the sale or encumbrance of their Unit and then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first refusal on any Unit and Owners may transfer ownership of their Units free from any such right. Section 4.3 Membership and Voting. The Association shall have one class of membership consisting of all Owners. Except as otherwise provided for in this Declaration, each Owner shall be entitled to vote in Association matters as set forth in Section 2.31 above. Each Owner is subject to all rights and duties assigned to Owners under the Association Documents; except that Declarant is exempt from certain restrictions in the Association Documents and has certain special rights, all as further provided herein and/or in the Act. Notwithstanding the number 11 of Owners of record for any particular Unit, each Unit is entitled to one vote as further described in Section 2.31 above. Votes cannot be fractionally divided. Section 4.4 Declarant Control. Notwithstanding anything to the contrary provided for herein or in the Bylaws, Declarant shall be entitled to appoint and remove the members of the Association’s Board and officers of the Association to the fullest extent permitted under the Act, which provides that such declarant control terminates no later than the earlier of sixty (60) days after conveyance of seventy-five percent (75%) of the Units that may be created to Owners other than the Declarant, two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business, or two (2) years after any right to add new Units was last exercised. The specific restrictions and procedures governing the exercise of Declarant’s right to so appoint and remove Directors and officers shall be set out in the Bylaws. Declarant may voluntarily relinquish such power evidenced by a notice executed by Declarant and recorded in the Office of the Clerk and Recorder but, in such event, Declarant may at its option require that specified actions of the Association or the Board as described in the recorded notice, during the period Declarant would otherwise be entitled to appoint and remove Directors and officers, be approved by Declarant before they become effective. Section 4.5 Books and Records. The Board or the Manager, as the case may be, shall keep detailed, accurate records of the receipts and expenditures of the affecting the Common Elements and the Exterior Maintenance Area and shall maintain such other books and records as may be required under the Act. The Association shall make available to Owners and Mortgagees for inspection, upon request, during normal business hours or under other reasonable circumstances, current copies of the Association Documents and the books, records and financial statements of the Association prepared pursuant to the Bylaws, as well as any management agreement and rules and regulations of the Association. The Association may charge a reasonable fee for copying such materials. The Association shall maintain such books and records as may be required under the Act. Section 4.6 Manager. The Association may employ or contract for the services of a Manager to whom the Board may delegate certain powers, functions or duties of the Association, as provided in the Bylaws. The Manager shall not have the authority to make expenditures except as directed by the Board. Section 4.7 Rights of Action. Subject to the provisions of the Association Documents (including, but not limited to, Section 6.4 below and Article 19 below), the Association on behalf of itself and 2 or more aggrieved Owners shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Board made pursuant to authority granted to the Association in the Association Documents. Subject to the provisions of the Association Documents (including, but not limited to, Section 6.4 below and Article 19 below), Owners shall have a right of action against the Association for failure to comply with the provisions of the Association Documents, or with decisions of the Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this Section 4.7, the Association or any Owner shall have the right, but not the obligation, to enforce the Association Documents by any proceeding at law or in equity, or by mediation or binding arbitration (and the prevailing party in any such action shall be entitled to reimbursement from the non-prevailing party for all reasonable costs and expenses, including 12 attorneys’ fees, in connection with such action), except to the extent that (a) the notice and hearing procedures set forth in the Bylaws apply, or (b) the procedures set forth in Article 19 of this Declaration apply, or (c) any other agreement between Declarant and an Owner(s) applies. Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter. Section 4.8 Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, by the Act and by the Colorado Revised Nonprofit Corporation Act. Except as otherwise provided in the Association Documents and the Act, the Board may act in all instances on behalf of the Association. Section 4.9 Notice. Notices to the Association or the Board shall be delivered to the office of the Manager, or, if there is no Manager, to the office of the Association, or to such other address as the Board may designate by written notice to Owners and to Eligible Mortgagees. Except as otherwise provided herein notices to any Owner shall be sent to the Owner’s address as it appears in the records of the Association. All notices to Eligible Mortgagees shall be sent, except where a different manner of notice is specified elsewhere in the Association Documents, by registered or certified mail to their respective addresses, as designated by them in writing to the Association. All notices shall be deemed to have been given when mailed, except notices of changes of address, which shall be deemed to have been given when received. All notices given in accordance with this Section shall be sent by personal delivery, which shall be effective upon receipt; by overnight courier service, which shall be effective one business day following timely deposit with the courier service; or regular, registered or certified mail, postage prepaid, which shall be effective three (3) days after deposit in the U.S. mail. Notwithstanding any contrary provision in this Declaration as related to notices, communications or deliveries to members of the Board, Owners, Mortgagees, purchasers of a Unit or other parties and/or as related to voting or consents by members of the Board, Owners or Mortgagees, to the extent presently or in the future permitted by applicable law, the Association shall be authorized, in lieu of the requirements in this Declaration, to provide notices, communications or deliveries via email transmission or by other permissible electronic means, and members of the Board, Owners or Mortgagees shall be permitted to vote or consent by email or other permissible electronic means. At the discretion of the Board and to the extent permitted by law, electronic notices, communications or deliveries may be provided in addition to any required written and mailed notice, communication or delivery. Section 4.10 NO LIABILITY OF ASSOCIATION. NOTWITHSTANDING THE DUTY OF THE ASSOCIATION TO MAINTAIN AND REPAIR THE COMMON ELEMENTS AND THE EXTERIOR MAINTENANCE AREA, AND EXCEPT TO THE EXTENT COVERED BY ASSOCIATION INSURANCE AS DESCRIBED IN ARTICLE 9, THE ASSOCIATION SHALL NOT BE LIABLE TO OWNERS FOR INJURY OR DAMAGE, OTHER THAN FOR THE COST OF MAINTENANCE AND REPAIR, CAUSED BY ANY LATENT CONDITION OF THE COMMON ELEMENTS OR THE EXTERIOR 13 MAINTENANCE AREA TO BE MAINTAINED AND REPAIRED BY THE ASSOCIATION OR CAUSED BY THE ELEMENTS OR OTHER OWNERS OR PERSONS. ARTICLE 5 MAINTENANCE, PARTY WALLS, LANDSCAPING, AND SPECIAL EASEMENT Section 5.1 Maintenance. In order to maintain a uniform appearance and a high standard of maintenance within the Project, the Association shall maintain the Common Elements, Limited Common Elements, Exterior Maintenance Area and the Public Pedestrian Access Easement, as follows: 5.1.1 Unit Exteriors. Subject to the insurance responsibilities set forth in Article 9 below, the Association shall maintain the Exterior Maintenance Area of all Buildings, which shall include (a) the painting and/or staining of all exterior surfaces, including walls, windows, doors, decks, porches, railings, fences and gates, (b) the maintenance, repair and replacement of exterior siding and siding elements, stucco, balcony railings and fencing, (c) the maintenance, repair and replacement of all sidewalks, driveways, walkways, front stoops and ground-level patios within the Project (and the maintenance provided under this Section shall include snow removal services), and (d) the maintenance, repair and replacement of exterior doors and windows, including exterior window washing, in each case unless any of the foregoing are covered by an Owner’s insurance. The Association shall have the sole discretion to determine the time and manner in which such maintenance shall be performed as well as the color or type of materials used to maintain the Buildings. The Owner shall be responsible for interior window washing, interior window and door frames and interior operational mechanisms, as well as any other maintenance and repairs to the Owner’s Unit not the express responsibility of the Association as provided herein. All exterior maintenance and repair by an Owner shall maintain a consistent and harmonious appearance among the Units and shall be subject to the approval of the Board under Section 15.3 below. Notwithstanding the foregoing maintenance responsibilities of the Owner, the Association may, without obligation, elect to replace, repair or alter any exterior element (e.g., windows, window frames and doors) for the Buildings and/or for Units so as to maintain an attractive, functional and harmonious appearance. 5.1.2 Landscaping. The Association shall maintain landscaping within the Common Elements. Maintenance of the landscaping shall include, but not be limited to, maintaining lawns, trees and shrubs. The Association shall provide all irrigation to landscaping within the Project and Common Elements, and shall provide all other utilities necessary for the maintenance and upkeep of such landscaping. The Association shall have the sole discretion to determine the time and manner in which such maintenance shall be performed, including, without limitation, decisions related to dying landscaping and the replacement thereof, if any. 5.1.3 5.1.4 Roofs. The Association shall maintain and repair all roofs within the Project, including, without limitation, snow and ice removal to the extent the Association deems appropriate. The Association shall have the sole discretion to determine the time and manner in which roof maintenance and shall be performed as well as the type of materials used to maintain 14 same (the forgoing referred to herein as “Roof Maintenance”). The Owners within a Building shall be responsible for the maintenance, repair and replacement of any solar panels on the roof of such Building. Any work conducted by Owners within a Building on that Building’s roof (including, but not limited to, the maintenance and repair of solar panels) shall be subject to the Association’s regulation, oversight and/or inspection, and such Owners hereby agree to indemnify and hold the Association fully harmless from any damage, liability, cost or expense arising from such roof work, including, without limitation, as related to roof damage or water intrusion caused by or as a result of such work. Any costs incurred by the Association to repair same shall be reimbursed to the Association by the Owner upon demand. 5.1.5 Common Driveway and Public Pedestrian Access Easement. The Association shall keep the Common Driveway in good maintenance and repair, including, without limitation, snow removal, in accordance with the terms of the Common Driveway Easement. 5.1.6 Limited Common Element. The Association shall keep the Limited Common Elements in good working order and repair at the expense of the Owner(s) benefited thereby. 5.1.7 Signage and Fencing. The Association is specifically authorized to install, maintain, repair, improve and replace fences, landscaping and/or signage along the boundary of the Property, within or adjacent to any rights-of-way within or serving the Property, and along any public paths or trails within the Property. The cost of such installation, maintenance, repair, improvement and replacement shall be a Common Expense. Section 5.2 Insurance Proceeds; Damage. Notwithstanding the foregoing, in the event insurance proceeds under Article 9 are payable to an Owner but the maintenance responsibility of the area to which such proceeds relate is the Association’s, the Association shall complete any such repair or replacement at the Owner’s cost. Further, Owners acknowledge that they may be responsible for the cost of repair of any damage or for the deductible amount on the Association’s insurance related to such damage, even if resulting from failures of the Exterior Maintenance Area, in the manner described in Article 9 below. Section 5.3 Special Easement. The Association and the Board and their respective representatives are hereby granted a nonexclusive easement to enter upon and use the Exterior Maintenance Area as may be necessary or appropriate to perform the duties and functions which they may be obligated or permitted to perform pursuant to this Article 5. Section 5.4 Maintenance Contract. The Association or Board may employ or contract for the services of an individual or maintenance company to perform certain delegated powers, functions, or duties of the Association to maintain the Common Elements and Exterior Maintenance Area. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Board. The Board shall not be liable for any omission or improper exercise by the employed individual or management company of any duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 15 Section 5.5 Owner’s Responsibility. Except as set forth below, an Owner shall be responsible for maintaining all portions of the Owner’s Unit. Notwithstanding the foregoing sentence, the Owner shall not be responsible for maintaining the Exterior Maintenance Area. The Association shall have the right and power to prohibit on a Unit any storage or other activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Element. No Owner shall make any addition or other alteration to any portion of the Exterior Maintenance Area or remove or alter any fence, landscaping or irrigation system without the express consent of the Board, as more fully discussed in Section 15.3. The Association shall have the right to promulgate reasonable rules and regulations regarding the maintenance by the Owner. Section 5.6 Owner’s Failure to Maintain or Repair. In the event that (a) a Unit and the improvements and landscaping thereupon are not properly maintained and repaired or have been altered in a manner which deviates from the consistent appearance of Units within the Project, and if the maintenance responsibility for the unmaintained or inconsistent portion of the Unit lies with the Owner of the Unit, or (b) in the event that the improvements or landscaping on the Unit that are insured by the Owner are damaged or destroyed by an event of casualty and the Owner does not take reasonable measures to diligently pursue the repair and reconstruction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Board, shall have the right to enter upon the Unit to perform such work as is reasonably required to restore the Unit, any multi-unit building and other improvements thereon to a condition of good order, repair and consistency. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Unit, upon demand. All unreimbursed costs shall be a lien upon the Unit until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid Assessment levied in accordance with Article 10 of this Declaration. Section 5.7 Party Walls. 5.7.1 The cost of reasonable repair and maintenance of a Party Wall shall be a joint expense of the Owners of the Units sharing such Party Wall and each such Owner shall have a perpetual easement in and to that part of the Property on which the Party Wall is located, for Party Wall purposes, including maintenance, repair, and inspection. No Owner shall alter or change the Party Wall in any manner, interior decoration excepted, and the Party Wall shall always remain in the same location as when erected. 5.7.2 In the event of damage or destruction of a Party Wall from any cause, other than the negligence or willful misconduct of an Owner, the Owners of the Units sharing such Party Wall shall bear equally the expense to repair or rebuild said wall to its previous condition, which specifically includes the previous sound transmission coefficient and fire rating, and such Owners, their successors and assigns shall have the right to the full use of said wall so repaired and rebuilt. If an Owner’s negligence or willful misconduct shall cause damage to or destruction of said wall, such negligent party shall bear the cost of repair and reconstruction to the extent such Owner’s negligence caused such damage. 16 5.7.3 The Association and each of the Owners sharing a Party Wall shall have the right to break through the Party Wall for the purpose of repairing or restoring sewage, water, utilities, and structural components, subject to the obligation to restore said wall to its previous structural condition, which specifically includes the previous sound transmission coefficient and fire rating, and the payment to the adjoining Owner of any damage caused thereby. Adjoining Owners shall have the right to make use of the Party Wall provided such use shall not impair the structural support, the sound transmission coefficient or the fire rating of the Party Wall. 5.7.4 Declarant hereby grants to the Association and the Board and their respective representatives a nonexclusive easement to enter upon and use the Property on which a Party Wall is located as may be necessary or appropriate to perform the duties and functions which they may be obligated or permitted to perform under this Declaration. Section 5.8 Water Usage and Enforcement. 5.8.1 Indoor Water Usage Limit. The individual Owners and the Association shall adhere to an indoor usage water budget of no more than 300 gallons per day, per unit, and shall be responsible for managing use to this limit. Any use in excess of this limit may be subject to an excess use fee as determined by the Authority and may be subject to penalties and enforcement actions by the Town. This Agreement shall not restrict or prevent the Town of Avon from imposing indoor water usage limitations which are less than 300 gallons per day by and through water conservation regulations which are applicable generally in the Town of Avon. 5.8.2 Outdoor Water Usage. A. The Owner and Association shall install a separate irrigation meter pursuant to Code § 7.28.050(6)(ii)(D). This section establishes a maximum allowable outdoor water use limit for the development to ensure this Development does not exceed its outdoor water allocation as established by the Authority’s Water Dedication Requirement and Water Service Agreement between the Owner and the Authority. During the first two growing seasons, the Owner and Association shall not exceed _____________ gallons of outdoor water use in any calendar year. Thereafter, the Owner and Association shall not exceed ____________ gallons of outdoor water use in any calendar year. B. Outdoor Water Usage on the Property may be curtailed by the Town during periods of low stream flows, and/or during instream flow calls. Once connected, the Authority and/or Town will monitor water usage of the Property. ARTICLE 6 POWERS OF THE BOARD OF THE ASSOCIATION Except as otherwise provided in the Association Documents and the Act and subject to the Declarant Rights reserved herein, the Board may act in all instances on behalf of the Association to: Section 6.1 Adopt and amend Rules regarding the use and enjoyment of the Common Elements and reasonable restrictions on the use of the Units; 17 Section 6.2 Adopt and amend budgets for revenues, expenditures and Assessments, subject to Section 11.2 below; Section 6.3 Hire and terminate Managers and other employees, agents and independent contractors; Section 6.4 Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two (2) or more Owners on matters affecting the Project, subject to Article 19 below; Section 6.5 Make contracts and incur liabilities; Section 6.6 Regulate the use, maintenance, repair, replacement and modification of the Common Elements; Section 6.7 Cause additional improvements to be made as part of the Common Elements; Section 6.8 Acquire, hold, encumber and convey in the name of the Association any right, title or interest to real or personal property, except that Common Elements may be conveyed or subjected to a security interest only if (a) Owners entitled to cast at least 67% of the vote agree to that action (which vote must include at least 67% of the vote entitled to be cast by Owners other than Declarant), and (b) all Owners to which any Limited Common Element is allocated agree to convey that Limited Common Element or subject it to a security interest; Section 6.9 Grant easements, leases, licenses and concessions through or over the Common Elements; Section 6.10 Impose and receive any payments, fees or charges for the use, rental or operation of the General Common Elements; Section 6.11 Impose charges for the late payment of Assessments, recover reasonable attorneys’ fees and other legal costs for the collection of Assessments and, subject to Article 19 below, other actions to enforce the powers of the Association, regardless of whether or not suit was initiated and, after notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents; Section 6.12 Impose reasonable charges for the preparation and recordation of amendments and/or supplements to this Declaration or for statements of unpaid Assessments; Section 6.13 Provide for the indemnification of its officers and the Board and maintain directors’ and officers’ liability insurance; Section 6.14 Assign its right to future income, including the right to receive Assessments; Section 6.15 Exercise any other powers conferred by the Association Documents; 18 Section 6.16 Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association subject to the limitations set forth herein; and Section 6.17 Exercise any other powers necessary and proper for the governance and operation of the Association subject to the limitations set forth herein. ARTICLE 7 LIENS Section 7.1 No Liability. If any Owner shall cause any material to be furnished to their Unit, or any labor to be performed therein or thereon, no Owner of any other Unit, nor the Association, nor the Common Elements shall under any circumstances be liable for or encumbered with the obligation for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to their Unit. Section 7.2 Indemnification. If, because of any act or omission of any Owner, any mechanic’s or other lien or order for the payment of money shall be filed against the Common Elements or against any other Owner’s Unit or an Owner or the Association (whether or not such lien or order is valid and enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall, at their own cost and expense, cause the same to be canceled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner(s), within twenty (20) days after the date of filing thereof, and further shall indemnify and save all other Owners and the Association harmless from and against any and all costs, expenses, claims, losses or damages including, without limitation, reasonable attorneys’ fees resulting therefrom. Section 7.3 Association Action. Labor performed or materials furnished for the Common Elements, if duly authorized by the Association in accordance with this Declaration or the Bylaws, shall be the only basis for the filing of a mechanics lien pursuant to law against the Common Elements. Any such lien shall be limited to the Common Elements and no lien may be affected against a Unit. ARTICLE 8 EASEMENTS Section 8.1 Owner’s Easements. Every Owner has a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Unit subject to the provisions contained herein. Every Owner shall have a right of access to and from his or her Unit over and across the driveway serving the Unit. No Owner shall hinder nor permit his or her guest to hinder reasonable access by any other Owner and his or her guest to the Unit. Subject to the Association’s rights of maintenance as provided herein, every Owner possesses the full right of use and enjoyment of the Exterior Maintenance Area related to such 19 Owner’s Unit. No Owner has use and enjoyment rights over the Exterior Maintenance Area of another Owner’s Unit. Section 8.2 Recorded Easements. The Property shall be subject to all easements as shown on any recorded plat affecting the Property and to any other easements and licenses of record or of use as of the date of recordation of this Declaration, which easements and licenses of record are set forth on the attached Exhibit C. In addition, the Property is subject to those easements set forth in this Article 8. Section 8.3 Declarant Rights Incident to Construction. Declarant, for itself and the Association, hereby reserves an easement for construction, utilities, drainage, ingress and egress over, in, upon, under and across the Common Elements, together with the right to store equipment, materials and vehicles on the Common Elements, to build and maintain temporary walls, and to make such other use of the Common Elements as may be reasonably necessary or incident to any development and sale of the Units or improvements on the Property, and to exercise any Declarant Right. Section 8.4 Utility Easements. There is hereby created a blanket easement upon, across, over, in and under the Project for the benefit of the Common Elements, the Buildings, the Units, the Declarant, the Association, utility companies and the structures and improvements situated on the Property for ingress and egress, installation, location, replacing, repairing and maintaining all utilities (including sub-metered utilities located within a Unit, if any), including, but not limited to, water, sewer, gas, telephone, cable television and electricity. Said blanket easement includes future utility services not presently available to the Units and the Common Elements which may reasonably be required in the future. By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment on any of the Units and the Common Elements and to affix and maintain electrical and/or telephone wires, circuits, conduits and pipes on, above, across and under the roofs and exterior walls of the improvements, all in a manner customary for such companies in the area surrounding the Property, subject to approval by the Board as to locations which shall not be unreasonably withheld. By virtue of this easement, the Association shall also have the right to access each Unit to read any sub-meter located within the Unit, if any. In addition to the foregoing, each Unit shall have an easement for the location of any utility conduits, pipes and other facilities, components and/or meters servicing the Unit if located in or upon another Unit. Utility components and meters that serve more than one Unit and which are not maintained by the utility company shall be maintained by the Association. Section 8.5 Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements, permits or licenses over the Common Elements for the best interest of all Owners and the Association. Subject to Declarant Rights reserved herein, each Owner is hereby granted a perpetual non-exclusive easement appurtenant to the Owner’s Unit for (a) ingress to and egress from the Owner’s Unit over and across the General Common Elements and Limited Common Elements appurtenant to that Owner’s Unit, and (b) the use and enjoyment of the General Common Elements, which easements shall be subject to limited and reasonable restrictions on the use of 20 such Common Elements set forth in writing by the Association, such as for closure for repairs and maintenance. Section 8.6 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or Persons to enter upon the Property in the proper performance of their duties. Section 8.7 Other Easements. 8.7.1 Each Unit shall be subject to an easement for encroachments created by construction, settling and overhang, previously existing or as designed and constructed by Declarant or as a result of any addition or improvement pursuant to this Declaration including, without limitation, any patios and decks encroaching into the Common Elements. A valid easement for such encroachments and for the maintenance of same, so long as they exist, shall and does exist. In the event any improvement is partially or totally destroyed, and then rebuilt, the Owners agree that minor encroachments of parts of the adjacent Unit due to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist so long as the improvements shall stand. 8.7.2 Each Unit is subject to a blanket easement for support and a blanket easement for the maintenance of the structures or improvements presently situated, or to be built in the future, on the Units. 8.7.3 There is hereby created a blanket easement upon, across, over, in and under the Property for the benefit of the Units and the structures and improvements situated thereon, including the Party Walls, for ingress and egress, installation, replacing, repairing and maintaining a common landscape irrigation system and common fire safety system, if any, and all utilities, including, but not limited to, water, sewer, gas, telephone, cable television and electricity. Said blanket easement includes future utility services not presently available to the Units which may reasonably be required in the future. By virtue of this easement, it shall be expressly permissible for Declarant or the companies providing utilities to erect and maintain the necessary equipment on any of the Units and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of the improvements, all in a manner customary for such lines and equipment in the area surrounding the Property, subject to approval by the Association as to locations. 8.7.4 The Units may have common drives or walkways upon certain Units serving more than one Unit or the Project, and there is granted hereby a non-exclusive easement to the Owners of Units served by any such drive or walkway for ingress and egress purposes over and across those portions of the Common Elements and such Units which are used as a common drive or walkway. No Owner shall hinder nor permit his guest to hinder reasonable access by any other Owner and his guest to the Units and parking areas. Section 8.8 Easements for Encroachments. If any part of the Common Elements encroaches or shall hereafter encroach upon a Unit, an easement for the existence of such encroachment and for the maintenance of the same shall and does exist. If any part of a Unit as originally constructed by Declarant encroaches or shall hereafter encroach upon the Common 21 Elements, or upon another Unit, the Owner of that Unit shall and does have an easement for the existence of such encroachment and for the maintenance of same. The easement shall extend for whatever period of time the encroachment exists. Such easements for encroachments shall not be considered to be encumbrances either on the Common Elements or a Unit. Encroachments referred to herein include, but are not limited to, unintentional encroachments caused by error in the original construction of the Improvements, by error on the Plat, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of the Project or any part thereof or by any other movement of any portion of the improvements located within the Project. In any event, each Unit is hereby granted a perpetual easement for its location upon the Common Elements. Section 8.9 Drainage and Irrigation Easement. An easement is hereby reserved to Declarant and its successors and assigns and granted to the Association and its officers, agents, employees, successors, and assigns to enter upon, across, over, in, and under any portion of the Community for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property, or changing any potions of the irrigation system, so as to improve the drainage of water on the Property. Section 8.10 Association as Attorney-in-Fact. Each Owner, by his or her acceptance of a deed or other conveyance vesting in him or her an interest in a Unit, does irrevocably constitute and appoint the Association and/or Declarant with full power of substitution in the Owner’s name, place and stead to deal with Owner’s interest in order to effectuate the rights reserved by Declarant or granted to the Association, as applicable, with full power, right and authorization to execute and deliver any instrument affecting the interest of the Owner and to take any other action which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Section 8.11 and this Declaration generally. If requested to do so by the Association or Declarant, each Owner shall execute and deliver a written, acknowledged instrument confirming such appointment Section 8.11 Governmental Requirements. Declarant hereby reserves the right to grant such easements, from time to time, as may be required by any government agency. Such easements shall specifically include, but not be limited to, any public rights-of-way and any environmental easements required by federal, state or local environmental agencies, for so long as the Declarant holds an interest in any Unit subject to this Declaration. Section 8.12 Declarant Easements. Declarant reserves unto itself, its successors, assigns, lessees, guests, licensees and invitees, for so long as it holds any interest in any Unit, the same easement rights granted to Owners under this Declaration and specific easement rights over and across the Property as it may deem necessary for its use from time to time. Declarant reserves (a) the right to dedicate any access roads and streets serving the Property to public use, to grant road easements with respect thereto and to allow such street or road to be used by owners of adjacent land; and (b) the right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of parking or recreational 22 facilities, which may or may not be a part of the Property for the benefit of the Owners, or the Association. ARTICLE 9 INSURANCE Section 9.1 Association General Insurance Provisions. The Association shall maintain, to the extent reasonably available: 9.1.1 Property insurance Common Elements for broad form covered causes of loss; except that the total amount of insurance must not be less than the full insurable replacement costs of the insured property less applicable deductibles at the time insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas, landscaping, and other items normally executed from property policies. 9.1.2 Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, Exterior Maintenance Area, and the Association, in an amount deemed sufficient as determined by the Board and will be at least $1,000,000 per occurrence and $2,000,000 in the aggregate, insuring the Association, Board, Manager, and their respective employee, agents, and all personals acting as agents. Declarant shall be included as an additional insured in Declarant’s capacity as an Owner and Board member. The Owners shall be included as additional insureds (and upon the written request of a First Mortgagee of a Unit, such First Mortgagee shall be included as an additional insured) but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements or Exterior Maintenance Area. The insurance shall cover claims of one (1) or more insured parties against other insured parties; and 9.1.3 The Association may carry such other and further insurance that the Board considers appropriate, including insurance on areas that the Association is not obligated to insure to protect the Association or the Owners. 9.1.4 Owners are advised that the forgoing insurance maintained by the Association is not anticipated to cover personal property or furnishings of Owners or upgrades installed by an Owner unless made part of the policy or policies of the Association at the option of the Board. EACH OWNER SHALL PURCHASE INSURANCE COVERING SUCH PERSONAL PROPERTY, FURNISHINGS AND UPGRADES AS PROVIDED IN SECTION 9.12 BELOW. Owners are advised to review the policies of the Association and their exclusions from coverage. Section 9.2 Quality of Insurer. All insurance policies carried pursuant this Article 9 shall be written by reputable companies duly authorized and licensed to do business in the State 23 of Colorado with an A.M. Best’s rating of “A” or better, if reasonably available or, if not reasonably available, the most nearly equivalent rating. Section 9.3 Policy Provisions. Insurance policies carried pursuant to Section 9.1 above must provide that: 9.3.1 Each Owner is an insured Person under the policy with respect to liability arising out of such Owner’s interest in Owner’s Unit or membership in the Association; 9.3.2 The insurer to the extent possible waives any right to claim by way of subrogation against Declarant, the Association, the Board, the Managing Agent and the Owners, and their respective agents, employees, guests, tenants, invitees, members of an Owner’s household; 9.3.3 No act or omission by any Owner, unless acting within the scope of such Owner’s authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and 9.3.4 If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association’s policy provides primary insurance. 9.3.5 The policy shall include a provision requiring a minimum of thirty (30) days’ notice of any material change or cancellation of the policy, to the extent such provision is reasonably available. Section 9.4 Insurance Proceeds. Any loss covered by the property insurance policy described in Section 9.1 above must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners and First Mortgagees as their interests may appear. Subject to the provisions of Section 9.7 below, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and First Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the regime created by this Declaration is terminated. Section 9.5 Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to the Property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all or any equitable portion of the deductibles paid by the Association. Section 9.6 Insurer Obligation. An insurer that has issued an insurance policy for the insurance described in Section 9.1 above shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner or Mortgagee. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice 24 of the proposed cancellation or nonrenewal has been mailed to the Association and to each Owner and Mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last-known addresses. Section 9.7 Repair and Replacement. 9.7.1 Any portion of the Community for which insurance is required under this Article 9 which is damaged or destroyed must be repaired or replaced promptly by the Association, unless: (a) This Declaration and the Common Interest Community created hereby are terminated pursuant to the express provisions of this Declaration or by law; (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (c) Eighty-five percent (85%) of the votes of the Owners, and every Owner of a Unit that will not be rebuilt agree in writing not to rebuild; or (d) Prior to the conveyance of any Unit to a Person other than Declarant, the Mortgagee holding a Mortgage on the damaged portion of the Unit rightfully demands all or a substantial part of the insurance proceeds. 9.7.2 The cost of repair or replacement in excess of insurance proceeds and reserves, including any applicable deductible amount, is a Common Expense. If all damaged areas are not repaired or replaced, the insurance proceeds attributable to the damaged areas must be used to restore the damaged areas to a condition compatible with the remainder of the Project, and except to the extent that other Persons will be distributees, the insurance proceeds must be distributed to all the Owners or Mortgagees, as their interests may appear, in proportion to the Allocated Interest (with respect to matters relating only to the Exterior Maintenance and Roof Maintenance) or Sharing Ratio (with respect to all other Common Expense items) of each of the Units. Section 9.8 Common Expenses. Premiums for insurance and other expenses connected with acquiring such insurance are Common Expenses for the Association. Section 9.9 Fidelity Insurance. A crime fidelity insurance policy shall be maintained by the Association to protect against dishonest acts on the part of their respective officers, directors, trustees, and employees and on the part of all others who handle or are responsible for handling the funds belonging to or administered by the Association in an amount not less than two (2) months’ current Assessments plus reserves as calculated from its current budget. In addition, such bond or insurance shall name as an insured the Manager of the Association and shall cover the acts of such Manager’s officers, employees, and agents, as applicable. Any such fidelity coverage shall name the Association as an obligee and shall contain waivers by the issuers of all defenses based 25 upon the exclusion of persons serving without compensation from the definition of “employees,” or similar terms or expressions. Section 9.10 Workers Compensation Insurance. To the extent that the Association directly employs any individuals, the Association shall obtain workmen’s compensation or similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 9.11 Other Insurance. The Association shall also maintain insurance to the extent reasonably available and in such amounts as its executive board may deem appropriate on behalf of their respective Directors against any liability asserted against a Director or incurred by him in his capacity of or arising out of his status as a Director. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to its responsibilities and duties. Section 9.12 Owner Insurance. EACH OWNER SHALL PURCHASE AND MAINTAIN AN OWNER’S POLICY COVERING ITS UNIT AND ALL OF SUCH OWNER’S PERSONAL PROPERTY AND HOUSEHOLD GOODS OR BUSINESS ASSETS, AS APPLICABLE, AND FURTHER COVERING UPGRADES AND BETTERMENTS MADE TO THE UNIT, INCLUDING, BUT NOT LIMITED TO, PLUMBING FIXTURES, LIGHTING FIXTURES, AND BUILT-IN APPLIANCES AND FIXTURES INSTALLED WITHIN THE UNIT AFTER ORIGINAL CONSTRUCTION. OWNER SHALL ALSO PURCHASE AND MAINTAIN GENERAL LIABILITY INSURANCE AGAINST CLAIMS AND LIABILITIES ARISING IN CONNECTION WITH THE OWNERSHIP, EXISTENCE, USE AND ENJOYMENT OF OWNER’S UNIT, EXTERIOR MAINTENANCE AREA AND COMMON ELEMENTS IN AN AMOUNT DEEMED SUFFICIENT AS DETERMINED BY OWNER AND WILL BE AT LEAST $1,000,000 IN COVERAGE. In addition, an Owner may obtain such other and additional insurance coverage on and in relation to the Owner’s Unit as the Owner in the Owner’s sole discretion shall conclude to be desirable. However, none of such insurance coverages shall affect any insurance coverage obtained by the Association or cause the diminution or termination of that insurance coverage, nor shall such insurance coverage of an Owner result in apportionment of insurance proceeds as between policies of insurance of the Association and/or the Owner. An Owner shall be liable to the Association for the amount of any such diminution of insurance proceeds as a result of insurance coverage maintained by the Owner, and the Association shall be entitled to collect the amount of the diminution from the Owner as if the amount were a default Assessment, with the understanding that the Association may impose and foreclose a lien for the payment due. Any insurance obtained by an Owner shall include a provision waiving the particular insurance company’s right of subrogation against the Association and other Owners of Units. The Board may require an Owner to file copies of such policies with the Association within thirty (30) days after purchase of the coverage to eliminate potential conflicts with any master policy carried by the Association. Section 9.6 Rights of Subrogation. The Owners and the Association, for themselves and their insurers shall waive all rights of subrogation against Declarant and its contractors and 26 suppliers, and their affiliates, to the extent that any insurer pays a claim on behalf of a Unit Owner or Owners or the Association. Section 9.7 Unavailability or Cancellation of Coverage. Neither the Association, Declarant nor any Owner shall be liable for failure to obtain any insurance coverage required by this Declaration or for any loss or damage resulting from such failure, if such failure is due to the general unavailability of such coverage from reputable insurance companies. If the insurance described in Section 9.1 above is not commercially available, or if any policy of such insurance is cancelled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners. ARTICLE 10 ASSESSMENTS Section 10.1 Obligation. Each Owner of a Unit is obligated to pay to the Association all (a) Annual Assessments, (b) Special Assessments, and (c) Default Assessments described below. Section 10.2 Budget. The Board shall adopt a budget for revenues and expenditures for the Project and for reserves for the Project (the “Reserves”) and shall submit the budget to ratification of the Owners as provided herein no less frequently than annually. The Board shall levy and assess the Annual Assessments in accordance with the annual budget. Within ninety (90) days after the adoption of a proposed annual budget for the Association, the Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget within a reasonable time after mailing or other delivery of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the annual budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 10.3 Annual Assessments. 10.3.1 Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Board shall from time to time determine to be paid by all Owners, subject to Section 10.2 above. Estimated Common Expenses may include, but not be limited to, the cost of: (a) the Association maintenance undertaken pursuant to Section 9.3 above; (b) that portion of real property taxes, if any, attributable to the Common Elements (it being recognized that §105 of the Act contemplates that property taxes for Common Elements be assessed as part of Unit tax assessments) and any Unit owned by the Association; (c) expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association; (d) wages, water, sewer service and Common Element utility charges; I snow and trash removal; (f) recycling charges; (g) legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration; and (h) the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance, repairs and replacement of improvements within the Common Elements on a periodic basis, as needed. 27 10.3.2 Annual Assessments shall be payable in monthly installments on a prorated basis in advance and shall be due on the first day of each month beginning no later than the second calendar month following the first sale of a Unit by Declarant; provided, however, that the Association may, with the consent of Owners holding a majority of the vote present at any meeting at which a quorum is present, designate any other installment period. The omission or failure of the Association to fix the Annual Assessments for any Assessment period shall not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. The Board shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. 10.3.3 Charges for water, sewer, storm drainage and other utility services provided to the Common Elements may be billed to the Association (“Service Charges”). If any Service Charges are billed to the Association, the Association shall pay the same on or before the date they become due. In addition to the Annual Assessments provided for above, the Association shall, as and when determined by the Board in its discretion, apportion to and collect from each Owner an amount which, with all other Service Charges for such period, is sufficient to pay or reimburse the Association for all Service Charges for such period; provided, however, the Association may elect to assess any or all of the Service Charges as part of the Annual Assessments. The manner in which Service Charges are apportioned shall be determined by the Board in its discretion from time to time; by way of example, and not as a limitation, the Service Charges may be assessed uniformly, based on actual usage by one or more Units, or based on each Owner’s Sharing Ratio. Non- payment of any Service Charges shall be subject to enforcement and collection by the Association in the same manner as Assessments. In the event that any of the Service Charges are billed directly to an Owner, such Owner shall pay the same on or before the due date thereof. 10.3.4 In the event that a utility provider bills more than one Unit under a single bill, that bill may be addressed to the Association, who shall pay the same on or before the date it becomes due (“Unit Utility Charges”). In addition to the Annual Assessments provided for above, the Association shall, as and when determined by the Board in its discretion, apportion to and collect from each Owner an amount which, with all other Unit Utility Charges for such period, is sufficient to pay or reimburse the Association for all Unit Utility Charges for such period; provided, however, the Association may elect to assess any or all of the Unit Utility Charges as part of the Annual Assessments. The manner in which Unit Utility Charges are apportioned shall be determined by the Board in its discretion from time to time; by way of example, and not as a limitation, the Unit Utility Charges may be assessed uniformly, based on actual usage by one or more Units, or based on each Owner’s Sharing Ratio. Non-payment of any Unit Utility Charges shall be subject to enforcement and collection by the Association in the same manner as Assessments. In the event that any of the Unit Utility Charges are billed directly to an Owner, such Owner shall pay the same on or before the due date thereof. Section 10.4 Apportionment of Annual Assessments. The Common Expenses shall be allocated among the Units on the basis of the Allocated Interest (with respect to only Exterior Maintenance, Roof Maintenance and Reserves related Common Expenses) and the Sharing Ratio (with respect to all other Common Expenses) in effect on the date of assessment; provided, however, that to the extent that any Common Expenses or a portion thereof benefit fewer than all Units, such expenses may be assessed exclusively against the Units benefited in accordance with §315(3)(b) of the Act. The Association reserves the right to allocate all expenses relating to fewer 28 than all Units (such as those expenses attributable to utilities, maintenance, Service Charges, Unit Utility Charges, Limited Common Elements and insurance premiums described in Section 9.1 above) to the Owners of those affected Units only. Section 10.5 Special Assessments. In addition to the Annual Assessments, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of improvements within the Common Elements or for any other expense incurred or to be incurred as provided in this Declaration. Except as otherwise specifically provided in this Declaration, no Special Assessment shall require the approval of Owners, but if such Special Assessment is levied during a time in which Declarant still has Declarant Rights (see Section 15.5 below), the consent of Declarant shall be required. Special Assessments shall be payable in such manner and at such times as determined by the Board and may be payable in installments extending beyond the calendar year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or improvements. Section 10.6 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment. Notice in writing of the amount of such Default Assessment and the time for payment of the Default Assessment shall be given promptly to the Owner (and in the event of a fine, only after notice and a hearing as described in the Bylaws has been given the Owner). If payment is not made on or before the date set forth in such written notice, the Default Assessment shall become a lien against such Owner’s Unit that may be foreclosed or otherwise collected as provided in this Declaration and the Bylaws. Section 10.7 Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to any Annual Assessment, Special Assessment or Default Assessment, which is not paid on or before 5 days after its due date shall be delinquent. If an Assessment installment becomes delinquent, the Board, in its sole discretion, may take any or all of the following actions: 10.7.1 Assess a late charge for each delinquency in such amount as the Board deems appropriate; 10.7.2 Assess an interest charge from the due date at the yearly rate of 18%, or such other lawful rate as the Board may establish, not to exceed the maximum rate allowable under the Act or applicable state usury laws; 10.7.3 Suspend the voting rights of the Owner during any period of delinquency; 10.7.4 Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year or other predetermined Assessment period shall be due and payable at once; 10.7.5 Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and 29 10.7.6 Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Unit shall constitute a lien on such Unit in accordance with the Act. The Association may institute foreclosure proceedings against the defaulting Owner’s Unit in the manner provided for in the Act. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorneys’ fees incurred in connection with the enforcement of the lien. The Owner shall be required to pay the Association the monthly assessment installments for the Unit during the period of any foreclosure. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. In addition, if any Owner fails to timely pay Assessments or any money or sums due to the Association, the Association may require reimbursement for collection costs and reasonable attorneys’ fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding. Notwithstanding the foregoing provisions of this Section 10.7, in order to comply with §316(11)(a) of the Act, the Association may not foreclose its lien against a Unit unless (i) the amount of Assessments and other amounts due to the Association is equal to or greater than six (6) months of Annual Assessments against the Unit, and (ii) there is a recorded vote of the Board authorizing the foreclosure of the specific Unit being foreclosed. The Board authority to initiate a foreclosure cannot be delegated to the Manager, an attorney or any other Person, nor can the Association have a policy of automatically requiring foreclosure when an Owner becomes 6- months delinquent. Section 10.8 Personal Obligation. Each Assessment against a Unit is the personal obligation of the Owner who owned the Unit at the time the Assessment became due and shall also pass to successors in title. BY ACCEPTANCE OF A DEED FOR A UNIT, EACH UNIT PURCHASER THEREBY CONSENTS TO ASSUME THE FOREGOING JOINT OBLIGATION FOR ALL ASSESSMENTS DUE AGAINST THE UNIT PURSUANT TO THIS SECTION 10.8. No Owner may exempt themselves from liability for any Assessment by abandonment of their Unit, or by waiver of the use or enjoyment of all or any part of the Common Elements. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings and all reasonable attorneys’ fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. This Section 10.8 is subject to the rights of Mortgagees set forth in Section 16.1 below. Section 10.9 Payment by Mortgagees. Any Mortgagee holding a lien on a Unit may pay any unpaid Assessment payable with respect to such Unit, together with any and all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. Section 10.10 Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Board and upon written request to the Association’s registered agent by personal delivery or certified mail, first-class postage prepaid, return receipt, any Owner, designee of Owner, Agency, Mortgagee, prospective Mortgagee or prospective purchaser of a Unit shall be furnished with a written statement setting forth the amount of the unpaid Assessments, if 30 any, with respect to such Unit. Unless such statement shall be issued by personal delivery or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party (in which event the date of posting shall be deemed the date of delivery) within 14 calendar days after receipt of the request, the Association shall have no right to assert a lien upon the Unit over the inquiring party’s interest for unpaid Assessments which were due as of the date of the request. Section 10.11 Capitalization of the Association. The Association shall establish an initial working capital fund equal to two (2) months of the estimated Annual Assessments for Common Expenses for each Unit subject to the terms of this Declaration. The working capital fund may be used by the Association to cover the cost of initial expenses and any future expenses authorized by the Board for which there are insufficient budgeted funds. The initial working capital fund shall be established upon the conveyance of the first Unit in the Project by Declarant to a third- party purchaser. Upon acquisition of record title to a Unit from Declarant, each such new Owner shall contribute to the working capital fund of the Association an amount equal to 2 months of the Annual Assessment determined by the Board for that Unit for the year in which the new Owner acquired title. Such payments shall not be considered advance payments of Annual Assessments. The working capital fund deposit made by such new Owner shall be non-refundable. IN THE EVENT THAT DECLARANT MAKES PAYMENT OF ANY WORKING CAPITAL ON BEHALF OF ANY UNIT, SUCH AMOUNT SHALL BE REIMBURSABLE TO DECLARANT BY THE UNIT PURCHASER AT THE CLOSING OF THE SALE OF THE UNIT BY DECLARANT TO SUCH PURCHASER. Section 10.12 Maintenance Accounts; Accounting. If the Association delegates powers of the Board or its officers relating to collection, deposit, transfer or disbursement of Association funds to other Persons or to a Manager, then such other Persons or Manager must (a) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other Person or Manager, (b) maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, (c) provide to the Association no less than once per month an accounting for the previous month, including a budget/actual reconciliation report, and (d) provide to the Association an annual accounting and financial statement, including a budget/actual reconciliation report, of Association funds prepared by the Manager, a public accountant or certified public accountant. ARTICLE 11 DAMAGE OR DESTRUCTION Section 11.1 The Role of the Board. In the event of damage to or destruction of all or part of any Unit, Common Element, or other property covered by insurance written in the name of the Association under Article 10 above, the Board shall arrange for and supervise the prompt repair and restoration of the damaged property (the property insured by the Association pursuant to Article 9 is sometimes referred to as the “Association-Insured Property”). Section 11.2 Estimate of Damages or Destruction. As soon as practicable after an event causing damage to or destruction of any part of the Association-Insured Property, the Board shall (subject to the provisions of Section 19.5(b)(ii) below), unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction. “Repair and reconstruction” as used in this Article 11 shall mean restoring the 31 damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction unless: (a) the Project is terminated in accordance with the provisions of this Declaration; (b) repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (c) 67% of Owners (and Eligible Mortgagees representing 51% of the votes of Units subject to such Mortgages), including every Owner of a Unit or assigned Limited Common Element that will not be rebuilt, and Declarant vote not to rebuild; or (d) prior to conveyance of a Unit to a Person other than the Declarant, the holder of a deed of trust on the damaged portion of the Project rightfully demands all or a substantial part of the insurance proceeds. Such costs may also include professional fees and premiums for such bonds as the Board or the insurance trustee, if any, determines to be necessary. Section 11.3 Repair and Reconstruction. As soon as practical after the damage occurs and any required estimates have been obtained, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Association-Insured Property. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction of any damage to the Association-Insured Property, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction. Section 11.4 Funds for Repair and Reconstruction. The proceeds received by the Association from any property insurance carried by the Association shall be used for the purpose of repair, replacement and reconstruction of the Association-Insured Property for the benefit of Owners and Mortgagees. If the proceeds of the Association’s insurance are insufficient to pay the estimated or actual cost of such repair, replacement or reconstruction, or if upon completion of such work the insurance proceeds for the payment of such work are insufficient, the Association may, pursuant to Section 10.5 above, levy, assess and collect from the Owners a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in a like manner if the amounts collected prove insufficient to complete the repair, replacement or reconstruction. Section 11.5 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as Special Assessments, then in accordance with the Units’ Sharing Ratio, first to the Mortgagees and then to the Owners, as their interests appear. ARTICLE 12 CONDEMNATION Section 12.1 Rights of Owners. Whenever all or any part of the Common Elements shall be taken by any authority having the power of condemnation or eminent domain, or whenever all or any part of the Common Elements are conveyed in lieu of a taking under threat of condemnation 32 by the Board acting as attorney-in-fact for all Owners under instructions from any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking or conveying. The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. Section 12.2 Partial Condemnation; Distribution of Award; Reconstruction. The award made for such taking shall be payable to the Association for the benefit of the Owners and Mortgagees and, unless otherwise required under the Act, the award shall be disbursed as follows: Unless within sixty (60) days after such taking, Declarant and/or Owners who combined represent at least 67% of the vote in the Association shall otherwise agree, if the taking involves a portion of the Common Elements on which improvements have been constructed, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Elements to the extent lands are available for such restoration or replacement in accordance with plans approved by the Board. If such improvements are to be repaired or restored, the provisions in Article 11 above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Elements, or if there is a decision not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed among the Units according to the relative value of each Unit which shall be in accordance with each Unit’s Sharing Ratio, first to the Mortgagees and then to the Owners, as their interests appear. Section 12.3 Complete Condemnation. If all of the Property is taken, condemned, sold or otherwise disposed of in lieu of or in avoidance of condemnation, then the Project shall be deemed to be terminated thereby, and the portion of the condemnation award attributable to the Common Elements shall be distributed as provided in Section 11.5 above. ARTICLE 13 BOARD AS ATTORNEY-IN-FACT Each Owner hereby irrevocably appoints the Board as the Owner’s true and lawful attorney-in-fact for the purposes of (a) granting easements pursuant to Article 7 above, (b) purchasing and maintaining insurance pursuant to Article 9 above, including the collection and appropriate disposition of the proceeds thereof, the negotiation and settlement of losses and execution of releases of liability, the execution of all documents, and the performance of all other acts necessary to purchase and maintain insurance as well as dealing with any improvements covered by insurance written in the name of the Association pursuant to Article 9 above upon their damage or destruction as provided in Article 11 above, and (c) negotiating and dealing with any authority having the power of condemnation or eminent domain relating to a complete or partial taking as provided in Article 12 above. Acceptance by a grantee of a deed or other instrument of conveyance or any other instrument conveying a portion of the Property shall constitute appointment of the Board as the grantee’s attorney-in-fact, and the Board shall have full authorization, right and power to make, execute and deliver any contract, assignment, deed, waiver or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Board as attorney-in-fact. 33 ARTICLE 14 [RESERVED] ARTICLE 15 ARCHITECTURAL CONTROL AND DESIGN REVIEW DECLARANT SHALL BE EXEMPT FROM THE PROVISIONS OF THIS ARTICLE 15 UNTIL SUCH TIME AS ITS DECLARANT RIGHTS EXPIRE PURSUANT TO SECTION 14.5 ABOVE. Section 15.1 Alterations. Except as otherwise provided in the Act, no alterations, repairs or additions to the Common Elements or the structural components of a Unit shall be made unless first approved in writing by the Board (collectively, “Reviewable Improvements”). The Board shall exercise reasonable judgment to ensure that all modifications conform to and harmonize with existing surroundings and structures. The Board has the absolute right to deny any requested changes that the Board reasonably determines do not conform to and harmonize with existing surroundings and structures. All construction activities shall be planned and carried out with a minimum of disruption, unsightliness and noise. In no event may the Board approve Reviewable Improvements that are otherwise expressly prohibited by this Declaration. Section 15.2 Architectural Review. The Board may adopt, establish, and publish from time to time “Alteration Guidelines” for the Project and such Alteration Guidelines shall be an Association Document, the terms of which shall be complied with by all Owners. The Board may seek the advice of design professionals or other professionals if the need should arise. The Alteration Guidelines shall not be inconsistent with this Declaration, but may more specifically define and describe the design standards for the Project including, but not limited to, items such as color, texture, structure, size, design, appearance, window coverings, antennae, landscaping and site improvement standards. The Alteration Guidelines may be modified or amended from time to time by majority approval of the Board and shall be made available to all Owners and their representatives for review. Further, the Board, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. Compliance with the Project’s design review process and design standards is not a substitute for compliance with applicable Town of Avon building, zoning, and subdivision regulations and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. In the event of a conflict between the terms of this Declaration and the Alteration Guidelines, the terms of this Declaration shall control. Section 15.3 Requirement for Approval. Except as otherwise provided in the Act, no Reviewable Improvements shall be commenced or undertaken until plans and specifications with respect thereto satisfactory to the Board showing the proposed Reviewable Improvements, site location of such Reviewable Improvements, complete building plans and material and utility specifications, and all exterior elevations, materials and colors, and such other information as may be requested by the Board have been submitted to and approved in writing by the Board. All Reviewable Improvements shall be constructed only in accordance with approved plans. If the Board has not responded to an Owner’s request for approval within sixty (60) days of submission 34 by the Owner of all information requested by the Board, then such Owner’s request shall be deemed approved by the Board. Non-structural improvements and alterations that are completely within an existing Unit may be undertaken without such approval, by and at the cost of the Owner. All such improvements shall be insured by and at the cost of the Owner. An Owner undertaking such improvements shall indemnify the Association and the other Owners against any and all costs or damages attributable to the construction or existence of such improvements. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of their Unit. Section 15.4 Violation. The Association, upon the unanimous approval by the Board and after reasonable notice to the offending Owner, may remove any Reviewable Improvements constructed, reconstructed, refinished, altered, or maintained in violation of these covenants, and such Owner shall immediately reimburse the Association for all expenses incurred in connection with such removal. Failure to timely reimburse the Association shall be deemed a Default Assessment with payment thereof subject to the provisions of Article 10.6 above. Section 15.5 Criteria for Approval. The Board shall approve any proposed Reviewable Improvement only if it deems in its reasonable discretion that (a) the Reviewable Improvements in the location indicated will not be detrimental to the appearance of the surrounding areas of the Project as a whole, (b) that the appearance of the proposed Reviewable Improvement will be in harmony with the surrounding areas of the Project, and (c) that the upkeep and maintenance of the proposed Reviewable Improvement will not become a burden on the Association. Specific factors considered in approving plans include, among other things, conformity and harmony of exterior design, colors and materials with neighboring structures, adequacy of utilities. Section 15.6 Fees. An Owner seeking architectural review approval shall promptly pay to the Association any fees set by the Board in connection with the review process and shall reimburse the Association for all of its costs relating to review and on-going monitoring of construction, including the costs of staff and independent consultant review and assistance, as determined by the Board. The Association may assess these fees and costs against the Owner as a Default Assessment in the event the Owner fails to timely pay these fees and costs. ARTICLE 16 MORTGAGEES’ RIGHTS The following provisions are for the benefit of holders, insurers or guarantors of any Mortgages on Units. To the extent permitted under Colorado law and as applicable, necessary or proper, the provisions of this Article 16 apply to the Association Documents. Section 16.1 Title Taken by Mortgagee. Any Mortgagee holding any Mortgage of record against a Unit who obtains title to the Unit pursuant to remedies exercised in enforcing the Mortgage, including foreclosure of the Mortgage or acceptance of a deed in lieu of foreclosure, will be liable for (a) all Assessments which become due and payable after the date title to the Unit is acquired, and (b) for all other unpaid Assessments to the extent that the Association’s lien is superior to the Mortgage under §316 of the Act. Section 16.2 Right to Pay Taxes and Charges. Mortgagees who hold Mortgages against Units may, jointly or singly, pay taxes or other charges which are in default and which may or 35 have become a charge against any Common Elements, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 16.3 Notice to Eligible Mortgagees. Eligible Mortgagees will be entitled to timely written notice of: 16.3.1 Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Unit on which there is a Mortgage held, insured or guaranteed by such Eligible Mortgagee (except as provided in Section 13.3 above); 16.3.2 Any 60-day delinquency in the payment of Assessments or other charges owed by an Owner whose Unit is subject to the Mortgage; 16.3.3 Any lapse, cancellation or material modification of any insurance policy maintained by the Association; and 16.3.4 Any proposed action that requires the consent of a specified percentage of Mortgagees. Section 16.4 Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of, Units and/or all or a part of the Common Elements, neither the Owner nor any other Person shall take priority in receiving the distribution over the right of any First Mortgagee who is a beneficiary of a First Mortgage against a Unit. Section 16.5 Action by Mortgagee. If this Declaration or any Association Documents require the approval of any Eligible Mortgagees then, the Association shall send a dated, written notice and a copy of any proposed amendment by certified or registered mail “return receipt” requested to such Eligible Mortgagee at its most recent address as shown on the recorded deed of trust or recorded assignment thereof, or as otherwise delivered by such Eligible Mortgagee to the Association. An Eligible Mortgagee that does not deliver to the Association a negative response within 60 days after the date it receives proper notice shall be deemed to have approved the proposed amendment. ARTICLE 17 DURATION OF COVENANTS AND AMENDMENT Section 17.1 Term. The covenants and restrictions of this Declaration shall run with and bind the Project in perpetuity, subject to the termination provisions of the Act. Except as otherwise provided herein (including, but not limited to Section 11.3 above), the consent of (a) Owners holding at least 67% of the vote in the Association, plus (b) Eligible Mortgagees representing 51% of the votes of Units subject to such Mortgages, plus (c) Declarant for so long as it retains any Declarant Rights (see Section 14.5 above), shall be required to terminate this Declaration and the Project. Notwithstanding the foregoing, the provisions of Article 19 below shall survive any 36 termination of this Declaration for a period of twenty (20) years after its recording with the Clerk and Recorder. Section 17.2 Amendments. Except for amendments and actions otherwise permitted to be undertaken by Declarant hereunder or pursuant to the Act, and except as otherwise provided for in Article 19 below or otherwise herein or pursuant to the Act, this Declaration or any provision in it, may be amended at any time by Owners holding at least 67% of the vote in the Association. Any amendment of a material adverse nature to Mortgagees shall require the consent of Eligible Mortgagees representing 51% of the votes of Units subject to such Mortgages. So long as Declarant has any rights or obligations under or pursuant to this Declaration or any of the other Association Documents, any proposed amendment of any provision of the Association Documents that in any way affects such benefits, rights or obligations (including, without limitation, Article 19 below) shall require Declarant’s prior written consent to such amendment. Obtaining Declarant’s consent shall be required for the time period set forth in Section 14.5 above; provided, however, such time period limitation on Declarant’s consent shall not apply to amendments/termination of Article 19 below which instead shall be governed by the provisions of said Article 19. Any amendment made without such prior written consent as required herein shall be null and void and shall have no effect. Section 17.3 Amendment Procedure. Except for amendments otherwise permitted to be undertaken by Declarant hereunder or pursuant to the Act, any amendment must include a certificate certifying the approval of a sufficient number of Owners (and Declarant and Eligible Mortgages, if applicable) to the amendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and/or the Plat to the fullest extent permitted under the Act and this Declaration, including, without limitation: 17.3.1 Declarant may amend the Declaration or the Plat to correct clerical errors, typographical errors, or technical errors; 17.3.2 Declarant may amend the Declaration to comply with the requirements, standards or guidelines of recognized secondary mortgage markets and Agencies; and 17.3.3 Declarant may amend this Declaration as provided in Article 14 above. ARTICLE 18 NO TIMESHARING No Unit shall be subjected to or included in any timeshare plan, however named, described or denominated. For purposes of this Article 19, a “timeshare plan” is any arrangement, plan or similar device, whether by membership agreement, sale, lease, deed, license or right-to-use agreement or by any other means, in which a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year. “Timeshare plan” includes fractional ownership programs, private residence clubs and similar offerings, but does not include bona fide leases or rentals of the Unit in accordance with the terms of this Declaration and applicable laws. 37 ARTICLE 19 DISPUTE RESOLUTION Section 19.1 Definitions Applicable to this Article 19. For purposes of this Article 19 only, the following terms have the following meanings: (a) “AAA” means the American Arbitration Association. (b) “Claimant” means any Party having a Claim. I “Claim” means, except as excluded or exempted by the terms of this Article 19 (including Section 19.3 below), any claim, counterclaim, cross-claim, third-party claim, grievance or dispute between one Party and another, regardless of how it may have arisen or on what it might be based (including, but not limited to, damages, indemnity, subrogation or contribution), including, without limitation, disputes arising out of or related to, regardless of the theory of liability: (i) the interpretation, application or enforcement of any Association Document or the Limited Warranty; (ii) the location, size, planning, sale, marketing, development, design, construction, maintenance, repair and/or condition of the Units, Common Elements and Project, including, without limitation, the soils of the Project; (iii) any statements, representations, promises, warranties, or other communications allegedly made by or on behalf of any Party relating to the foregoing; (iv) the Colorado Consumer Protection Act; and (v) damages or loss to, or the loss of, real or personal property or personal injury caused by a defect in the design or construction of the Units, Common Elements and/or Project. (d) “Inspecting Party” means a Party causing an inspection of the Subject Property to be made. I “Limited Warranty” means a written limited warranty given to a Party related to a Unit. (f) “Party” means each of the following: (i) architects, engineers, contractors, subcontractors, developers, suppliers, manufacturers, Declarant and affiliates of Declarant, builders, builder vendors, engineers and inspectors performing or furnishing the design, supervision, inspection, construction, materials or observation of construction of any improvement to real property that is a part of the Project or any other party responsible for any part of the design, construction, repair or maintenance of any portion of the Project, and any of such parties’ affiliates, and the officers, directors, partners, shareholders, members, managers, employees and servants of any of them (each a “Development Party” and collectively, the “Development Parties”); (ii) all Owners, Owner’s Agents, the Association (including its directors and committee members) and all other Persons subject to this Declaration, their officers, owners, employees and agents; and (iii) any Person not otherwise subject to this Declaration who agrees to submit to this Article 19. (g) “Respondent” means any Party against whom a Claimant asserts a Claim. (h) “Subject Property” means the property and all improvements thereon regarding which a Party contends that a Claim pertains, and/or property and all 38 improvements thereon being inspected and/or repaired under the inspection and correction right in Section 19.4 below. (i) “Termination of Mediation” means a period of time expiring 20 days after a mediator has been agreed upon by the Parties or chosen by AAA if the Parties cannot agree or within such other time as agreed to by the Claimant and Respondent in writing, and upon the expiration of which the Claimant and Respondent have not settled the Claim. Section 19.2 Intent of Parties; Applicability of Article; and Applicability of Statutes of Limitations. (a) Each Party agrees to work towards amicably resolving disputes, without the emotional and financial costs of litigation. Accordingly, each Party agrees to resolve all Claims only by using the procedures in this Article 19 (in the order set forth in Sections 19.4 and 19.5 below), and not by litigation. Further, each Party agrees that the procedures in this Article 19 shall be the sole and exclusive remedial process that each Party shall have for any Claim. Should any Party commence litigation or any other action against any other Party in violation of this Article 19, such action shall be dismissed and such Party shall reimburse all costs and expenses, including attorneys’ fees and court costs, incurred by the other Party in such litigation or action within 10 days after written demand. (b) By accepting a deed for a Unit, each Owner agrees to be bound by and to comply with this Article 19. The Association agrees to be bound by and to comply with this Article 19. I The Parties agree that no Claim may be commenced after the date set forth in an applicable Limited Warranty, and if the Claim is not covered by such Limited Warranty, then when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitation and/or statute of repose or as otherwise limited by this Article 19. Section 19.3 Exclusions from “Claim.” Unless specifically exempted by this Article 19, all Claims between any of the Parties shall be subject to the provisions of this Article 19. Unless all Parties thereto otherwise agree in writing, “Claim” does not include the following, which shall not be subject to the provisions of this Article 19: (a) Any action by the Association to enforce the provisions of the Association Documents (other than this Article 19) against an Owner or Owner’s Agent; (b) Any action by the Association to assess or collect any Assessments or to enforce or foreclose any Assessment lien; I Any action, suit or proceeding to compel arbitration of a Claim or to enforce any award or decision of an arbitration conducted in accordance with this Article 19 or to enforce the terms of any written settlement agreement of a Claim; and (d) Any action pursuant to the provisions of this Declaration concerning mechanics liens. 39 Section 19.4 Notice; Right to Inspect and Correct; Mediation. Before the earlier of, as applicable (a) the service of a Notice of Claim as described in Colorado’s Construction Defect Action Reform Act (“CDARA”), or (b) initiating arbitration under Section 19.5 below (each referred to herein as “Commencing a Formal Claim”), the Claimant shall first comply with the procedures set forth in this Section 19.4 in the order noted below. (i) Notice. First, the Claimant shall provide notice to everyone Claimant contends contributed to the alleged problem. The notice shall: Be sent via certified mail or personal delivery and set forth the nature of the Claim and each Respondent’s role in the Claim; Provide the Claimant’s name, address and preferred method of contract; Provide the name and address of the Claimant’s attorney, if any; If applicable, state that the Claimant alleges a construction defect pursuant to the Littleton Ordinance (defined below) against the Respondent and describe the Claim in reasonable detail sufficient to determine the nature and location of the alleged construction defect; The legal or contractual basis of the Claim (i.e., the specific authority out of which the Claim arises); and The specific relief and/or proposed remedy sought. (ii) Right to Inspect and Correct. Second, if the Claim involves an alleged defect or damage to or duty to repair or replace any improvement or real property, then so long as Respondent complies with the requirements in Section 19.4(ii)(1) below, Claimant shall permit Respondent the right to access, inspect the condition of, or redesign any portion of the improvement or real property allegedly containing a defect or damage or otherwise correct the alleged defect or damage as described in Section 19.4(ii)(2) below. (1) Respondent Obligations. Respondent must acknowledge receipt in writing of the Claim within 14 days after receipt (“Respondent Notice”). The Respondent Notice must be sent to Claimant and to any attorney Respondent knows is representing Claimant. Respondent must maintain an agent for notice with the Colorado Secretary of State if required by Respondent’s business structure, and if not, otherwise provide an address and contact person for notices. If specifically asked to do so by Claimant and within 14 days of the request, provide Claimant with: copies of all relevant plans, specifications, grading plans, soils reports and available engineering calculations pertaining to Claimant’s improvements or Common Elements subject to the Claim; all maintenance and preventative maintenance recommendations pertaining to Claimant’s improvements or Common Elements subject to the 40 Claim; and limited contractual warranty information. Respondent may charge reasonable copying costs and may require that copies of the documents be made at Respondent’s location. (2) Respondent Right to Inspect and Repair. Respondent shall have the right to conduct an initial inspection and testing of the alleged defective improvement within 30 days after the Respondent Notice at a mutually agreeable date and time. Respondent shall bear all costs of inspection and testing, including any damage caused by the inspection and testing. Before entering onto the Subject Property for the inspection, Respondent shall supply Claimant with proof of liability insurance coverage. Respondent shall, upon request, allow the inspection to be observed and recorded or photographed. Nothing that occurs during Respondent’s inspection may be used or introduced as evidence to support a defense of spoliation of evidence by any potential party in subsequent litigation. Within the later of thirty (30) days of the initial inspection or testing or fourteen (14) days of the Respondent Notice, Respondent may elect to repair the alleged defective improvement. If Respondent elects to repair the alleged defective improvement, it has the right to do so and Claimant may not, directly or indirectly, impair, impede or prohibit Respondent from making repairs. Any notice to repair shall offer to compensate Claimant for all applicable damages within the timeframe set for repair. Any notice of repair shall be accompanied by a detailed, step-by-step explanation of the particular alleged defect being repaired and setting forth a reasonable completion date for the repair work. The notice shall also include the contact information for any contractors Respondent intends to employ for the repairs. Claimant shall promptly cooperate with Respondent to schedule Respondent’s repair work. Within ten (10) days after receipt of Respondent’s notice to repair, Claimant may deliver to Respondent a written objection to the proposed repair if Claimant believes in good faith that the proposed repair will not remedy the alleged defect. Respondent may elect to modify the proposal in accordance with Claimant’s objection or may proceed with the scope of work set forth in the original proposal. Notwithstanding the foregoing, if Respondent notifies Claimant in writing at least 5 days before the stated completion date that the repair work will not be completed by the completion date, Respondent shall be entitled to one reasonable extension of the completion date, not to exceed twenty (20) days. Respondent shall notify Claimant when repairs have been completed. Claimant shall have ten (10) days following the completion date to have the improvements inspected to verify that the repairs are complete and satisfactorily resolve the alleged defects. (iii) Discussion of Claim. Third, in the event that (1) by the end of the timeframes described above, Respondent has elected not to access, inspect, correct the condition of, or redesign any portion of any improvement or real property allegedly containing a defect or damage or otherwise correct the alleged defect or damage, (2) by the timeframes described above, 41 Claimant is unsatisfied with such actions undertaken by Respondent under Section 19.4(ii) above, or (3) the Claim does not involve an alleged defect or damage to any improvement or real property, then before Commencing a Formal Claim against any Respondent, the Parties shall first make every reasonable effort to meet in person and confer to resolve the Claim by good faith negotiation. The Parties shall seek to clearly understand the Claim and resolve as many aspects or issues as possible. Any Party may be represented by attorneys and independent consultants to assist such Party, including by attending all negotiations. (iv) Mediation. Fourth, if the Parties cannot resolve the Claim through negotiations under Section 19.4(iii) above after attempting to do so for fifteen (15) days, Claimant shall have an additional 10 days to submit the Claim to mediation under the auspices of the AAA under the AAA’s Commercial or Construction Industry Mediation Rules, as appropriate. (1) If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have fully and finally waived the Claim for all purposes, such that Respondent shall be deemed released and discharged from all liability to Claimant for such Claim. (2) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If mediation ends without a settlement, the mediator shall issue a notice of Termination of Mediation. This notice shall state that the Parties are at an impasse and the date that mediation was terminated. (3) Each Party shall pay its own costs of the mediation, including its own attorneys’ fees. Each Party shall share equally all of the mediator’s charges. The mediation proceedings shall be conducted at a mutually agreeable location in the Town of Avon. (4) If the Parties resolve any Claim through negotiation or mediation under Section 19.4(iii) above or this Section 19.4(iv), and any Party later fails to comply with a written settlement agreement, then any other Party may file suit or initiate arbitration proceedings to enforce such written agreement without the need to again comply with such procedures. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party (or if more than one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement, including, without limitation, attorneys’ fees and costs. Section 19.5 Commencing a Formal Claim. (a) Only after receiving a notice of Termination of Mediation may a Claimant Commence a Formal Claim. (b) Before the Association may Commence a Formal Claim, the Board must first also comply with the following: (i) Provide notice to all Owners and Respondent(s) calling a meeting to discuss the potential Claim (“Homeowner Notice”). The Homeowner Notice must be made in accordance with applicable State and local laws, including the Littleton Ordinance 42 (defined below), and also included in such notice shall be the following if not already required by such laws: (1) The Approval Deadline (defined below); (2) If the Association were to prevail, what the Board expects that the Association may recover from the Respondent(s); (3) Whether the Board intends to enter into a contingency fee arrangement with the attorneys’ representing the Association, and how much of the amount the Association recovers from the Respondent(s) will be paid to the attorney(s). What the Board estimates that, in addition to attorney fees, the Association will incur for consultants, expert witnesses, depositions, filing fees, and other expenses of pursuing the Claim; (4) If the Association makes a Claim and does not prevail, what the Board expects the Association will incur in witness and attorneys’ fees and other costs; (5) If the Association does not recover from the Respondent(s), what it may have to pay to repair or replace any claimed defective work; (6) A statement that until any claimed defective work is repaired or replaced, or until the Claim is concluded, the market value of the affected Units could be adversely affected; (7) A statement that until any claimed defective work is repaired or replaced, or until the Claim is concluded, Owners of affected Units may have difficulty refinancing and prospective buyers of the affected Units may have difficulty obtaining financing. In addition, a statement that certain federal underwriting standards or regulations prevent refinancing or obtaining a new loan in projects where a construction defect is claimed. In addition, a statement that certain lenders as a matter of policy will not refinance or provide a new loan in projects where a construction defect is claimed; (8) An estimate of the length of time it will take to reach a final resolution of the Claim (including appeals); (9) How the Association intends to finance the pursuit of the Claim (i.e., Special Assessments); (10) An affirmation from each Board member voting in favor of pursuing the Claim that the foregoing are true and correct; and (11) Any statement desired to be included in the notice by any Board member voting against pursuing the Claim. 43 (ii) Require that repair estimates be given by contractors other than those recommended by the Association’s attorneys. (iii) The Association meeting must be held no earlier than 10 days and no later than 15 days after the date of the Homeowner Notice. At the meeting, the Respondent(s) must have an opportunity to address the Owners and the Board. Following the meeting and prior to the Association Commencing a Formal Claim, the Association must also first obtain the written approval to pursue the Claim from Owners of Units to which a majority of the total votes in the Project (excluding votes allocated to Units owned by Declarant if Declarant is a Respondent) are allocated. The Association must obtain such written Owner approval within 60 days after delivery of the Homeowner Notice or the Claim is deemed fully and finally released and may not be brought in any manner by the Association or the Owners (“Approval Deadline”). The votes of the Owners must be certified by an Association officer or agent, and evidence of the certification shall be provided to the Respondent(s). I A Claim is commenced only by: (i) If the Claim is governed by CDARA, delivering a Notice of Claim under CDARA to Respondent(s). If the Parties fail to reach agreement on an offer to settle pursuant to CDARA’s Notice of Claim process (C.R.S. §13-20-803.5) and the Claimant elects to proceed with the Claim, then the Claim may proceed only by way of the arbitration procedures set forth below, and not by way of litigation. Final, binding arbitration of the Claim shall be conducted under the auspices of the AAA and its Commercial or Construction Industry Arbitration Rules, as appropriate. Claimant must provide to Respondent a “Notice of Intent to Arbitrate,” within twenty (20) days after the conclusion of the settlement offer procedures set forth in C.R.S. §13-20-803.5. If Claimant does not timely initiate final, binding arbitration of the Claim and timely provide a Notice of Intent to Arbitrate to Respondent(s), then Claimant shall be deemed to have fully and finally waived the Claim, and Respondent(s) shall be deemed fully and finally released and discharged from all liability to Claimant for such Claim. (ii) If the Claim is not governed by CDARA, then only by the arbitration procedures set forth below, and not by way of litigation. Final, binding arbitration of the Claim shall be conducted under the auspices of the AAA and its Commercial or Construction Industry Arbitration Rules, as appropriate (and except as those rules are amended below), in which event Claimant shall provide to Respondent a “Notice of Intent to Arbitrate,” within twenty (20) days after receiving the notice of Termination of Mediation. If Claimant does not timely initiate final, binding arbitration of the Claim and timely provide a Notice of Intent to Arbitrate to Respondent(s), then Claimant shall be deemed to have fully and finally waived the Claim, and Respondent(s) shall be deemed fully and finally released and discharged from all liability to Claimant for such Claim. (d) Mandatory Arbitration Procedures. The following arbitration procedures shall govern each arbitrated Claim: 44 (i) No Person shall serve as the arbitrator where that Person has any financial or personal interest in the arbitration or any family, social or significant professional acquaintance with any Party to the arbitration. Any Person designated as an arbitrator shall immediately disclose in writing to all Parties any circumstance likely to affect the appearance of impartiality, including any bias or financial or personal interest in the arbitration (“Arbitrator Disclosure”). If any Party objects to the service of any arbitrator within 14 days after receipt of the Arbitrator’s Disclosure, such arbitrator shall be replaced in the same manner as the initial arbitrator was selected. (ii) The arbitrator shall hold at least one hearing in which the Parties, their attorneys and expert consultants may participate. The arbitrator shall fix the date, time and place for the hearing. The arbitration proceedings shall be conducted at a mutually agreeable location in the Town of Avon. (iii) The arbitration shall be presided over by a single arbitrator. (iv) Other than the deposition of experts and Claimant, no formal discovery shall be conducted without an order of the arbitrator or express written agreement of all Parties. (v) Unless directed by the arbitrator, there shall be no post-hearing briefs. (vi) The arbitration award shall address each specific Claim to be resolved in the arbitration, provide a summary of the reasons therefore and the relief granted, and be rendered no later than 14 days after the close of the hearing, unless otherwise agreed by the Parties. The arbitration award shall be in writing and shall be signed by the arbitrator. (vii) The arbitrator determines all issues about whether a Claim is covered by this Article 19. Notwithstanding anything herein to the contrary (including, but not limited to, Section 19.5(d)(viii) and Section 19.5(d)(ix) below), if a Party contests the validity or scope of arbitration in court, the arbitrator or the court shall award reasonable attorneys’ fees and expenses incurred in defending such contests, including those incurred in trial or on appeal, to the non-contesting Party. (viii) The arbitrator shall apply the substantive law of Colorado with regard to any remedy granted. The arbitrator may award injunctive relief or any other remedy available in Colorado but shall not have the power to award punitive damages, attorneys’ fees and/or costs to the prevailing Party. Except as set forth in Section 19.5(d)(vii) above, each Party is responsible for any fees and costs incurred by that Party. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court of competent jurisdiction. Notwithstanding the foregoing, if the remedy awarded by the arbitrator is substantially affected by the arbitrator’s failure to follow the substantive law of Colorado, a court may vacate or refuse to confirm the arbitrator’s award on that basis. 45 (ix) The Parties shall pay their pro rata share of all arbitration fees and costs, including, without limitation, the costs for the arbitrator and their consultants. (x) The arbitrator shall have authority to establish reasonable terms regarding inspections, destructive testing and retention of independent consultants. (xi) Except as may be required by law or for confirmation of an arbitration award, and except as otherwise provided in this Article 19, neither a Party nor an arbitrator may disclose the existence or contents of any arbitration without the prior written consent of all Parties to the arbitration. Section 19.6 Notice of Certain Claims. If a Claim includes a construction and/or design defect allegation, the Owner shall disclose the Claim and its details to his/her prospective purchasers and prospective Mortgagees. Section 19.7 Amendment. THE PROVISIONS OF THIS ARTICLE 19 INURE TO THE BENEFIT OF DECLARANT, THE DEVELOPMENT PARTIES AND ALL OTHER PARTIES DESCRIBED IN THIS ARTICLE 19, AND, NOTWITHSTANDING ANY OTHER PROVISION OF THIS DECLARATION, INCLUDING WITHOUT LIMITATION THE PROVISIONS OF ARTICLE 17 ABOVE, SHALL NOT BE AMENDED OR TERMINATED FOR A PERIOD OF 20 YEARS FROM THE DATE THIS DECLARATION IS RECORDED WITH THE CLERK AND RECORDER WITHOUT THE WRITTEN AND RECORDED CONSENT OF DECLARANT, WITHOUT REGARD TO WHETHER DECLARANT OWNS ANY UNIT AT THE TIME OF SUCH AMENDMENT/TERMINATION. BY TAKING TITLE TO A UNIT, EACH OWNER ACKNOWLEDGES AND AGREES THAT THE TERMS OF THIS ARTICLE 19 ARE A SIGNIFICANT INDUCEMENT TO DECLARANT’S AND THE DEVELOPMENT PARTIES’ WILLINGNESS TO DEVELOP AND SELL THE UNITS AND THAT IN THE ABSENCE OF THE PROVISIONS CONTAINED IN THIS ARTICLE 19, DECLARANT AND THE DEVELOPMENT PARTIES WOULD HAVE BEEN UNABLE AND UNWILLING TO DEVELOP AND SELL THE UNITS FOR THE PRICES PAID BY THE ORIGINAL BUYERS. IN ANY EVENT, ANY AMENDMENT TO OR DELETION OF ALL OR ANY PORTION OF THIS ARTICLE 19 SHALL NOT APPLY TO CLAIMS BASED ON ALLEGED ACTS OR OMISSIONS THAT PREDATE SUCH AMENDMENT OR DELETION. THE TERMS OF THIS SECTION 19.7 SHALL NOT BE LIMITED BY THE PROVISIONS OF SECTION 14.5 ABOVE OR ANY OTHER PROVISION OF THIS DECLARATION. Section 19.8 Waiver of Jury Trial. IN THE EVENT THAT A COURT FINDS THAT THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS ARTICLE 19 ARE UNENFORCEABLE AND AS A RESULT A PARTY IS ALLOWED TO BRING A CLAIM IN COURT, ALL PARTIES AGREE THAT ANY LAWSUIT, WHETHER CLAIM OR COUNTERCLAIM, BROUGHT IN COURT SHALL BE TRIED ONLY BY A JUDGE AND NOT BY A JURY; AND EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, 46 INTENTIONALLY, AND INTELLIGENTLY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT. Section 19.9 Conflict with Laws. IN THE EVENT THAT THE PROVISIONS OF THIS ARTICLE 19 CONFLICT WITH ANY MANDATORY PROVISIONS OF APPLICABLE LAW, THE PROVISIONS OF THIS ARTICLE 19 SHALL BE REVISED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH THE MANDATORY PROVISIONS OF SUCH LAWS. ARTICLE 20 OWNER’S ACKNOWLEDGMENTS AND WAIVERS Section 20.1 Mold. Molds, mildew, fungi, bacteria and microbiologic organisms (collectively, “Molds”) are present in soil, air and elsewhere in the environment. Molds can proliferate in various environments, including, among others, damp areas such as bathrooms and within walls and partitions. Certain parties have expressed concerns about the possible adverse effects on human health from exposure to Molds. Due to various reasons, including the varying sensitivities of different individuals to various types of Molds and other contaminants, as of the date of this Declaration there currently exists no state or federal standards regarding acceptable levels of exposure to Molds. According to the Consumer Product Safety Commission and the American Lung Association, some diseases or illnesses have been linked with biological pollutants in the indoor environment, including some forms of Molds. However, it is believed that many of these conditions may also have causes unrelated to the indoor environment. Therefore, as of the date of this Declaration it is unknown how many potential health problems relate primarily or exclusively to indoor air quality or Molds. By acquiring a Unit within the Project, each Owner acknowledges and agrees that Declarant is not qualified and has not undertaken to evaluate all aspects of this very complex issue, and EACH OWNER ACKNOWLEDGES THAT DECLARANT AND ITS CONTRACTORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING, THE PAST, CURRENT OR FUTURE, PRESENCE OR ABSENCE OF MOLDS IN OR IN THE VICINITY OF THEIR UNIT, IN ANY LIMITED COMMON ELEMENTS ALLOCATED TO THEIR UNIT OR IN ANY OTHER PORTION OF THE PROJECT. Declarant recommends that each Owner, at the Owner’s expense, conduct their own investigation and consult with such experts as such Owner deems appropriate regarding the occurrence and effects of Molds, the potential sensitivity or special risk individuals who will occupy or use the Unit or any Limited Common Elements allocated to the Unit may have with respect to Molds, and methods to reduce or limit Molds within the Unit or any Limited Common Elements allocated to the Unit. Section 20.2 Noise Disturbances. Each Owner acknowledges that living in a multi-unit development and/or living in close proximity to other residences and commercial property entails living very close to other persons, businesses, hotels, traffic, public transportation and commercial activities with attendant limitations on solitude and privacy. Owners may hear noise from surrounding properties, including but not limited to, noises from residents and pets of other units. Owners may also experience light entering their Units from street lighting, commercial lighting, LED signs and displays, and other lighting in the vicinity of the Property. Owner releases Declarant 47 from any and all claims arising from or relating to the presence of noise and light in and about the Property and the Unit. Section 20.3 No View or Light Easement. Notwithstanding anything contained in this Declaration to the contrary, each Owner, by acquiring a Unit, acknowledges and agrees that there is no easement or other right, express or implied, for the benefit of any Owner or Unit for light, view or air included in or created by this Declaration or as a result of ownership of the Unit. Likewise, each Owner, by acquiring a Unit, acknowledges and agrees that any view, sight lines, or openings for light or air available from the Unit, or anywhere else on the Project, may be blocked or altered in whole or in part in the future by virtue of natural or unnatural causes, including, but not limited to, future construction or expansion of commercial or residential buildings or facilities. EACH OWNER, BY ACQUIRING A UNIT, HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, OBLIGATIONS OR LIABILITIES CONCERNING EASEMENTS OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, FOR LIGHT, AIR, OR VIEW IN SUCH OWNER’S UNIT AND/OR THE PROJECT. EACH OWNER, BY ACQUIRING A UNIT, HEREBY ACCEPTS SUCH DISCLAIMER, AND AGREES THAT DECLARANT AND ITS CONTRACTORS AND AGENTS WILL NOT HAVE ANY OBLIGATION OR LIABILITY FOR, AND WAIVES ANY CLAIM AGAINST DECLARANT AND ITS CONTRACTORS AND AGENTS RELATED TO ANY LOSS OF LIGHT, AIR, OR VIEW THAT MAY AFFECT THE UNIT OR THE PROJECT. Section 20.4 Security. Neither Association nor Declarant or their owners, officers or affiliates will in any way be considered insurers or guarantors of security within the Project, and neither the Association, nor Declarant or their owners, officers or affiliates, will be held liable for any loss or damage by reason of failure to provide adequate security, ineffectiveness of security measures undertaken, or acts of third parties. All Owners, customers, tenants, guests, and invitees of any Owner, as applicable, acknowledge that the Association, its Board, Declarant, their owners, officers, affiliates and committees established by any of the foregoing entities, are not insurers of security at the Project and that each Owner, customer, tenant, guest, and invitee assumes all risk or loss or damage to persons, to Units, and to the contents of Units, and further acknowledge that the Association, its Board, Declarant, their owners, officers, affiliates and committees established by any of the foregoing entities, have made no representations or warranties, nor has any Owner, customer, tenant, guest or invitee relied upon any representations or warranties expressed or implied, including any warranty of merchantability or fitness for any purpose, relative to any security measures recommended or undertaken. Section 20.5 Other Properties. Each Owner, by acquiring a Unit, acknowledges that other properties are located adjacent to and in the general vicinity of the Project (“Other Properties”) and that the Other Properties may be developed pursuant to the land uses permitted by the Town of Avon’s zoning ordinances, as well as any other governmental rules, regulations, or policies in effect now or in the future (collectively, “Ordinances”). Neither Declarant, nor any of its employees, agents, officers, directors and affiliates, makes any representations concerning the planned uses of the Other Properties. Each Owner, by acquiring a Unit, acknowledges that the zoning for the Project and the Other Properties is established and governed by the Ordinances. Any amendment to those Ordinances requires approval by the Town of Avon. By acquiring a Unit, each Owner acknowledges that they have not relied upon any statements or representations regarding the Project or the Other Properties, including, without limitation, any representations 48 made by Declarant or any agents or employees of Declarant or any real estate agency or any agent, except for those statements and representations expressly set forth in this Declaration. Section 20.6 Soils. The soils within Colorado consist of both expansive soils and low- density soils which may adversely affect the integrity of a Unit or Common Element if such Unit or Common Element is not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. By taking title to a Unit, each Owner acknowledges and agrees that such Owner and the Association has waived and will be deemed to have waived the right to any award of damages against Declarant, its affiliates, owners, contractors, employees or agents for any loss or damage to any portion of the Units or Common Elements caused by, resulting from or in any way connected with, soil conditions on or under any Unit and/or Common Elements, including specifically the presence of expansive soils. Section 20.7 Declarant’s Disclosure Regarding Activities. Each Owner is hereby advised of and Declarant hereby discloses the following matters affecting the Property: 20.7.1 Mountain Activities. The Property is located adjacent to or in the vicinity of skiing facilities and other all-season recreational areas (the “Mountain Recreational Areas”). The Mountain Recreational Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance of the Mountain Recreational Areas (the “Mountain Activities”). The Mountain Activities may include, without limitation: (a) movement and operation of passenger vehicles (including, without limitation, buses, vans and other vehicles transporting passengers over adjacent streets and over, around and through the Mountain Recreational Areas), commercial vehicles, and construction vehicles and equipment; (b) activities relating to the construction, operation and maintenance of roads, trails and other facilities relating to the Mountain Recreational Areas (including, without limitation, tree cutting and clearing, grading and earth moving and other construction activities, construction, operation and maintenance of access roads, buses or other transportation systems, operation of vehicles and equipment relating to trash removal, snow removal and operation of safety and supervision vehicles); (c) activities relating to the use of the Mountain Recreational Areas (including, without limitation, skiing, snow-boarding, ski-patrol activities, and other over-the-snow activities, hiking, horseback riding, alpine slide, bicycling and other recreational activities); (d) ski racing and organized events and competitions relating to the activities described in clause (c) above; (e) concerts, festivals, art and other shows and displays, fireworks displays, outdoor markets and other performances and special events; (f) lodging cabins, restaurants, clubs, restrooms and other public use facilities; (g) public access to adjacent U.S. Forest Service lands; (h) public parking facilities and the traffic related thereto; and (i) other activities permitted by law. The Mountain Activities may occur during daytime and nighttime and may be temporarily or permanently interrupted, discontinued or modified, in whole or in part, from time to time. 20.7.2 Construction Activities. The Property is located in an area that is subject to or near ongoing construction activities (collectively, the “Construction Activities”). The Construction Activities are expected to generate an unpredictable amount of visible, audible and 49 odorous impacts and disturbances. Declarant will use its best efforts to minimize all visible, audible and odorous impacts and disturbances to Owners during the Construction Activities at the Community. The Construction Activities may include, without limitation: (a) construction traffic (including, without limitation, construction vehicles, equipment and vehicles used or owned by Declarant, its affiliates, adjacent landowners, and the employees, agents and contractors of any of them); and (b) construction activities (including, without limitation, grading, excavation, clearing, site work, relocation of roadways and public utilities and construction of improvements) relating to nearby properties, or the Mountain Recreational Areas. Declarant shall maintain and cause builders and all of builder’s subcontractors of any tier to maintain insurance in amounts customary for construction activities similar to the Construction Activities until completion of the Construction Activities. To the fullest extent permitted by law, and except to the extent caused by the negligent or intentional act or omission of an Owner or an Owner’s family, guests or invitees, the Declarant shall indemnify and hold harmless the Owners from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Construction Activities, including any claims, damages, losses, and expenses arising from the acts or omissions of the Declarant, builders, their respective subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 20.7.3 Commercial Activities. A variety of commercial activities (the “Commercial Activities”) are and may be conducted near the Property (the “Commercial Activity Areas”). The Commercial Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may include, without limitation: (a) public use of properties for access to the Mountain Recreational Areas and vehicle passenger drop-off and pick-up; (b) parking activities (including, without limitation, activities relating to valet parking or parking relating to adjacent properties); (c) the installation, operation and maintenance of illuminated and non-illuminated signage; (d) concerts and other outdoor and indoor entertainment, performances and special events, which may include amplified live or recorded music; and (e) any other uses or activities permitted by law. 20.7.4 Waiver and Release. Each Owner acknowledges that the Mountain Activities, the Construction Activities and the Commercial Activities, and the impacts and disturbances generated by the Mountain Activities, the Construction Activities and the Commercial Activities, may occur in and around the Property, and may occur during daytime and nighttime and may be temporarily or permanently interrupted, discontinued or modified, in whole or in part, from time to time. Each Owner agrees that Owner will not have the right to object to the existence, occurrence, or the temporary or permanent interruption, discontinuance or modification of the Mountain Activities, the Construction Activities or the Commercial Activities and such impacts and disturbances, or the reconfiguration of the Mountain Recreational Areas or the Commercial Activities Areas. Section 20.8 Railroad Tracks. The Property is located near railroad tracks and facilities and, while the use of such tracks is limited as of the date of this Declaration, regular future use may restart, which use may cause considerable noise and other inconveniences to the Owners. Section 20.7 Inspection by Others; Waiver of Post Inspection Liability. It is hereby expressly understood and agreed by all Owners upon acquiring a Unit that Declarant relies upon 50 governmental inspectors and other qualified subcontractors and tradesmen to inspect the construction of the Units and the Common Elements in order to verify compliance with construction plans and with any and all building code requirements applicable to the Project. Declarant and each Owner further expressly understands and agrees that, with respect to the Units and the Common Elements, upon compliance with the inspections required by the local building department and the issuance of a certificate of occupancy by the responsible governmental agency, Declarant will be deemed to have used its best efforts to construct such Units and Common Elements in substantial compliance with the construction plans and all applicable building code requirements. EXCEPT AS OTHERWISE MAY BE PROVIDED IN A PURCHASE AND SALE CONTRACT OR OTHER WRITTEN AGREEMENT BETWEEN DECLARANT AND AN OWNER, EACH OWNER, BY ACQUIRING A UNIT, HEREBY KNOWINGLY AND WILLINGLY WAIVES AS AGAINST DECLARANT AND ITS OWNERS, AGENTS AND CONTRACTORS ANY AND ALL DEMANDS, CLAIMS, ACTIONS AND CAUSES OF ACTION AND ALL LIABILITY, LOSSES, DAMAGE, COSTS OR EXPENSES THAT HAVE BEEN OR MAY BE INCURRED IN ASSOCIATION THEREWITH, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXEMPLARY DAMAGES, WHICH ARISE FROM OR ARE RELATED TO ANY NONCOMPLIANCE OF THE UNITS OR THE COMMON ELEMENTS WITH CONSTRUCTION PLANS OR BUILDING CODE REQUIREMENTS, WHICH NONCOMPLIANCE IS NEITHER SUBSTANTIAL NOR MATERIAL IN NATURE AND WHICH NONCOMPLIANCE IS DISCOVERED AFTER THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR, RESPECTIVELY, SUCH UNITS OR COMMON ELEMENTS; AND ANY SUCH NONCOMPLIANCE WILL BE DEEMED UNINTENTIONAL WITH RESPECT TO DECLARANT AND ITS OWNERS, AGENTS AND CONTRACTORS. TO THE EXTENT THAT ANY NONCOMPLIANCE WITH CODES OR WITH THE CONSTRUCTION PLANS IS DISCOVERED WITH REGARD TO ANY UNIT OR THE COMMON ELEMENTS, THE PROVISIONS OF ARTICLE 19 WILL GOVERN SUCH MATTER. ARTICLE 21 GENERAL PROVISIONS Section 21.1 Severability. The provisions of this Declaration shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. If any provision of this Declaration, or the application thereof to any Person or any circumstance, is invalid or unenforceable, (a) the invalid or unenforceable provision shall be reformed, to the minimum extent required to render such invalid or unenforceable provision enforceable in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and (b) the remainder of this Declaration and the application of such provision to other Persons or circumstances shall not be 51 affected by such invalidity or unenforceability, nor shall such invalidity or unenforceability affect the validity or enforceability of such provision. Section 21.2 Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles shall control. [SIGNATURE FOLLOWS] 52 THIS DECLARATION is executed as of the ____ day of _________________, 202___. DECLARANT: ________________________________ By: ____________________________ Printed Name: ______________________ Its: ____________________________ STATE OF COLORADO ) ) ss. COUNTY OF ____________________ ) The foregoing instrument was acknowledged before me this ____ day of _____________, 202___, by ___________________ as ______________________ of _____________________. WITNESS my hand and official seal. My commission expires: (S E A L) __________________________________ Notary Public 53 MORTGAGEE CONSENT Consent is hereby given to this Declaration and the Plat by the undersigned mortgagee under the Deed of Trust recorded with the Clerk and Recorder on _________________ at Reception No. ______________________. Additionally, the undersigned subordinates the lien and interests of the undersigned under said Deed of Trust as above referenced and under any other deeds of trust, financing statements or other security agreements for the benefit of the undersigned with regards to the Project to the covenants, terms and conditions of the Declaration and the Plat, except that any such subordination relating to any lien created by this Declaration shall only be to the extent provided in the Act. ________________________________ By: Printed Name: Title: STATE OF __________________________ ) ) ss. COUNTY OF ________________________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 202___, by ______________ as ___________________ of _____________________________. WITNESS my hand and official seal. My commission expires: (S E A L) __________________________________ Notary Public 54 EXHIBIT A PROPERTY 55 EXHIBIT B-1 ALLOCATED INTEREST 56 EXHIBIT B-2 SHARING RATIO 57 EXHIBIT C EASEMENTS equal split 231,110.00$ Unit Beds Square Footage % Estimated Monthly Payment Payment when split 2Bed unit 1739 Income 1A 4 3552 5% 1,162.32$ 1,044.62$ Garage 465 Assessments 288,000.00$ % Split 60,000.00$ 1B 3 2711 4% 887.12$ 987.28$ Lower 652 Bank Interest 200.00$ 1C 4 3552 5% 1,162.32$ 1,044.62$ Main 1087 Fees 2,800.00$ Deck 275 Miscellaneous Revenues 500.00$ 2A 3 2711 4% 887.12$ 987.28$ 291,500.00$ 2B 3 2711 4% 887.12$ 987.28$ 3 Bed unit 2711 2C 3 2711 4% 887.12$ 987.28$ Garage 764 Expenses 2D 4 3552 5% 1,162.32$ 1,044.62$ Lower 357 Bank Charges 200.00$ Split Equal 2E 2 1739 2% 569.05$ 921.02$ Middle 1292 Insurance 18,000.00$ Split Equal Upper 1062 Property Tax 18,000.00$ Split Equal 3A 3 2711 4% 887.12$ 987.28$ Deck 343 Office Expenses 500.00$ Split Equal 3B 3 2711 4% 887.12$ 987.28$ Legal Fees/tax prep 5,000.00$ Split Equal 3C 3 2711 4% 887.12$ 987.28$ 4 Bed unit 3552 Management Fees 34,560.00$ Split Equal 3D 3 2711 4% 887.12$ 987.28$ Garage 864 Lower 741 Exterior and Roof Maintenance 24,000.00$ Split on Square Footage 4A 4 3552 5% 1,162.32$ 1,044.62$ Middle 1521 Common Utilities 4B 3 2711 4% 887.12$ 987.28$ Upper 1290 Water 3,500.00$ Split Equal 4C 3 2711 4% 887.12$ 987.28$ Deck 553 Electric 1,200.00$ Split Equal 4D 4 3552 5% 1,162.32$ 1,044.62$ Trash 28,800.00$ Split Equal Waste Water 4,500.00$ Split Equal 5A 3 2711 4% 887.12$ 987.28$ 5B 4 3552 5% 1,162.32$ 1,044.62$ Street Cleaning 3,000.00$ Split Equal 5C 4 3552 5% 1,162.32$ 1,044.62$ Snow Removal 5D 4 3552 5% 1,162.32$ 1,044.62$ On site 30,000.00$ Split Equal Off Site 10,000.00$ Split Equal 6A 3 2711 4% 887.12$ 987.28$ Landscape Maintenance 12,000.00$ Split Equal 6B 4 3552 5% 1,162.32$ 1,044.62$ Street Maintenance 4,500.00$ Split Equal 6C 4 3552 5% 1,162.32$ 1,044.62$ Sign Maintenance 1,000.00$ Split Equal 6D 4 3552 5% 1,162.32$ 1,044.62$ Reserves 73343 Road & Sidewalk 46,350.00$ Split Equal Landscaping 10,000.00$ Split Equal Exteriors and Roofs 36,000.00$ Split on Square Footage 291,110.00$ Comparison of payment calculation methods sq ft detailsHOA Annual budget "The Nest" 7$% 7KH$UFKLWHFWXUDO%DODQFH (GZDUGV9LOODJH%OYG 6XLWH (GZDUGV&2 ID[ HPDLOWDE#YDLOQHW ZZZWDEDVVRFLDWHVFRP 6HDO &LYLO(QJLQHHU 6WUXFWXUDO(QJLQHHU 0HFKDQLFDO(QJLQHHU (OHFWULFDO(QJLQHHU 5HYLVLRQV ,VVXH'DWHV 6KHHW7LWOH 3URMHFW1R 6KHHW1R $VVRFLDWHV 3 0 & ? 8 V H U V ? 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' R F X P H Q W V ? 0 F * U D G \ 6 L W H 3 O D Q B Z D U Q H U # W D E D V V R FL D W H V F R P U Y W $ 0F * U D G \ $ F U H V ( Q F O D Y H /R W D Q G D Q G 3 R V W % O Y G 'HWDLOV $Y R Q & 2 2ZQHU5HY 7R$5HY 7R$5HY $ (/(&3$1(//$<287 $ (/(&75,&$/&/26(73/$1 $ (/(&75,&$/&/26(76(&7,21:,3 $ ,17(5,25&251(5 $ (;7(5,25&251(5 $ 522)($9( $ 522))$6&,$ $ 6721(:$,16&27 $ 7<3*8$5'5$,/'(7$,/ 1R 'HVFULSWLRQ 'DWH Color Board A522 R-1 Synthetic Shakes Davinic -Multi Width Tahoe X-3 Stone Veneer Earthworks Western Blend X-1 AND X-2 COLOR Behr-Gardner's Soil LRV 9 X-1 AND X-2 COLOR Behr-Pale Bamboo LRV 57 WINDOWS AND R-2 Dark Bronze ATTACHMENT F 970.748.4446 mlabagh@avon.org 970.748.4413 matt@avon.org Page 1 of 3 TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director Michael Labagh, Recreation Director RE: La Zona Planning Project / Recreation Center Survey Results DATE: June 17, 2022 SUMMARY: This report provides updates on the “La Zona” civic area planning project, and a summary of the Recreation Center patron survey. La Zona refers to a planning effort recently launched for areas surrounding the old fire station site, Recreation Center, and Main Street Pedestrian Mall connection to Harry A. Nottingham Park. The programming and potential expansion of Recreation Center are a primary emphasis of La Zona effort. Survey results from a recent Recreation Center Patron Survey provide valuable insight into the formation of options for La Zona. LA ZONA: A Request for Qualifications (“RFQ”) was advertised in the month of April to select qualified firms and teams to provide the professional services for La Zona. After reviewing proposals and conducting interviews in May, staff selected a team lead by Norris Design. The team also includes Barker Rinker Seacat Architecture (“BRS”) and Toole Design. The team will lead visioning, feasibility, and programming studies to assist the Town with understanding options for different civic uses and developments in the project area. Norris Design is a landscape architecture firm headquartered in Denver, with support out of the Frisco office location. Norris Design assisted the Town with the Harry A. Nottingham Park playground project and has extensive experience in all aspects of master planning, community engagement and design of public spaces. BRS Architecture is considered a leader in the planning, programming, and design of community facilities including Recreation Centers, active adult centers, and athletic complexes. Toole Design specializes in public realm visioning and sustainable transportation. 970.748.4446 mlabagh@avon.org 970.748.4413 matt@avon.org Page 2 of 3 The purpose of the Visioning Phase of this project is to help the Town determine the highest and best uses, including cost estimating and fit tests. Overall Town connectivity, wayfinding and multimodal transportation design will be considered in visioning exercises. Facilitation and community outreach will be an integral part of this planning project. SCHEDULE: The preliminary La Zona project schedule (“Attachment A”) includes stakeholder meetings and high-level feasibility and programming work in the month of July. Concept plan development takes form in August, with chances for public outreach and engagement. In addition to broad based community involvement opportunities, this effort will include targeted outreach with the Cultural Arts and Special Events (“CASE”) Committee and Planning and Zoning Commission in September. RECREATION CENTER SURVEY RESULTS: Recreation Department staff collaborated with the Health and Recreation Committee and the Marketing and Communications Manager to develop a Recreation Center patron specific survey. The survey was available in both English and Spanish and was conducted for 6 weeks from April 8 – May 13, 2022. The survey provided patrons the opportunity to rate the overall operation of the Recreation Center and asked for preferred improvements regarding the facility, operations, and programming. Town staff solicited responses from Avon and surrounding communities via facility flyers, social media channels, Town website, direct emails to all existing facility users and word of mouth. Survey results were discussed with the Health and Recreation Committee at their May 17, 2022 meeting. Committee discussion can be viewed in section 5.3 (“Attachment B”) of the May 17, 2022 Health and Recreation Committee Meeting minutes. The survey collected 545 responses with 86% of respondents stating they were Eagle County residents. Survey results show total number of responses, percentage per answer choice and weighted averages for the ranking questions. A complete summary of the survey question results, and a full list of respondent comments (“Attachment C”) are attached to this report. A summary of respondent’s additional comments per question can be found below for convenience: Question 8: Please rank operational improvements, if any, for the Recreation Department to prioritize. Common requests within this question’s comment field included: improve cleanliness, expand facility hours, expand fitness area, more space is needed, provide more fitness classes, maintain functionality of existing equipment, fix the hot tub jets and provide baby changing stations and/or larger family changing areas. Question 10: Please rank programming opportunities, if any, for the Recreation Department to prioritize. Common requests within this question’s comment field included: USA Swimming sanctioned swim meets, group swimming classes, fitness orientation/training, family programming, children’s programming 6 months – 24 months old and increased variety of fitness classes (Winter Sports Conditioning, Tai Chi, Yoga and Dance and High Intensity Interval Training [HIIT]). Question 12: Please rank facility improvements, if any, for the Recreation Department to prioritize. Common requests within this question’s comment field included: competition lap pool, adding or improving fans and speakers in fitness studios, roller-skating rink, squash/racquetball courts, running track, more 970.748.4446 mlabagh@avon.org 970.748.4413 matt@avon.org Page 3 of 3 studio space, more weightlifting equipment and space and stretching/dynamic workout area. Question 16: Additional comments. Common themes within this question’s comment field included: confusion regarding the outdoor fitness court, expand picnic areas/tables, maintain existing facility and equipment, expand facility hours, increase space for fitness and lap swimming and addition of roller-skating rink. Staff is committed to referencing the Parks and Recreation sections in the 2021 Avon Community Survey results (“Attachment D”) and the 2022 Recreation Center Patron Survey results to begin intentional dialogue regarding design options for the La Zona Planning Project. REQUESTED DIRECTION: Staff is seeking feedback from the Town Council regarding the La Zona schedule and Recreation Center Survey Results. Thank you, Michael and Matt ATTACHMENT A: Preliminary La Zona Schedule ATTACHMENT B: Health and Recreation Committee Meeting Minutes – May 17, 2022 ATTACHMENT C: Recreation Center Patron Survey Results ATTACHMENT D: 2021 Avon Community Survey Results – Parks and Recreation Sections Tasks Task 1 – Feasibility and Programming Site Visit X Bubble Diagrams X Town Review Meeting X Task 2 - Conceptual Planning Concept Plans X Town Review Meeting X Preferred Concept Plan X X Concept Plan Document Task 3 - Facilitation and Outreach Stakeholder Meetings X Open House 15‐Sep Town Council X 2022 July August September October ATTACHMENT A 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. ATTACHMENT B 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 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. 5.3 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. ATTACHMENT B 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 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. 5 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. 6 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 ATTACHMENT B Avon Recreation Center 2022 Community Survey 1 / 61 95.77%521 4.23%23 Q1 Language Answered: 544 Skipped: 1 TOTAL 544 95.77%95.77% 95.77% 4.23%4.23% 4.23% 0%10%20%30%40%50%60%70%80%90%100% Take the survey in... Toma la encuesta en... ANSWER CHOICES RESPONSES Take the survey in English Toma la encuesta en español ATTACHMENT C Avon Recreation Center 2022 Community Survey 2 / 61 86.42%331 13.58%52 Q2 Residency Answered: 383 Skipped: 162 TOTAL 383 86.42%86.42% 86.42% 13.58%13.58% 13.58% 0%10%20%30%40%50%60%70%80%90%100% Eagle County Resident Non-resident ANSWER CHOICES RESPONSES Eagle County Resident Non-resident ATTACHMENT C Avon Recreation Center 2022 Community Survey 3 / 61 0.78%3 11.49%44 23.50%90 20.37%78 15.14%58 17.75%68 10.97%42 Q3 Age range Answered: 383 Skipped: 162 TOTAL 383 0.78%0.78% 0.78% 11.49%11.49% 11.49% 23.50%23.50% 23.50% 20.37%20.37% 20.37% 15.14%15.14% 15.14% 17.75%17.75% 17.75% 10.97%10.97% 10.97% 0%10%20%30%40%50%60%70%80%90%100% 13-17 18-29 30-39 40-49 50-59 60-69 70+ ANSWER CHOICES RESPONSES 13-17 18-29 30-39 40-49 50-59 60-69 70+ ATTACHMENT C Avon Recreation Center 2022 Community Survey 4 / 61 30.29%116 22.98%88 27.94%107 16.97%65 1.83%7 Q4 How often do you use the Avon Recreation Center? Answered: 383 Skipped: 162 TOTAL 383 30.29%30.29% 30.29% 22.98%22.98% 22.98% 27.94%27.94% 27.94% 16.97%16.97% 16.97% 1.83%1.83% 1.83% 0%10%20%30%40%50%60%70%80%90%100% 1-10 days a year 1-4 days per month 2-4 days per week 5-7 days per week I don't use the Avon... ANSWER CHOICES RESPONSES 1-10 days a year 1-4 days per month 2-4 days per week 5-7 days per week I don't use the Avon Recreation Center ATTACHMENT C Avon Recreation Center 2022 Community Survey 5 / 61 67.89%260 49.35%189 18.28%70 32.90%126 31.07%119 29.24%112 20.63%79 21.15%81 5.74%22 Q5 Which areas do you primarily use at the Avon Recreation Center? (Check all that apply) Answered: 383 Skipped: 162 Total Respondents: 383 #OTHER (PLEASE SPECIFY)DATE 67.89%67.89% 67.89% 49.35%49.35% 49.35% 18.28%18.28% 18.28% 32.90%32.90% 32.90% 31.07%31.07% 31.07% 29.24%29.24% 29.24% 20.63%20.63% 20.63% 21.15%21.15% 21.15% 5.74%5.74% 5.74% 0%10%20%30%40%50%60%70%80%90%100% Fitness area Shower/locker rooms Yoga/spin studios Leisure pools Lap pool Hot tub Steam room Sauna Other (please specify) ANSWER CHOICES RESPONSES Fitness area Shower/locker rooms Yoga/spin studios Leisure pools Lap pool Hot tub Steam room Sauna Other (please specify) ATTACHMENT C Avon Recreation Center 2022 Community Survey 6 / 61 1 lounge area 5/11/2022 8:10 PM 2 Volleyball at the Elementary School 5/11/2022 7:16 AM 3 Weight training amd swimming when we visit the area 5/11/2022 4:47 AM 4 Not going as often as that Saturday mornings are my free time to swim each week 5/10/2022 2:56 PM 5 Swimming 5/10/2022 12:18 PM 6 Group fitness classes 5/10/2022 12:01 PM 7 Please note that I am a part-time resident, so I only use the pool when I'm in town, which is generally from December-January and during the summer. During COVID, we spent much more time here, and I used the pool frequently during that time. 5/10/2022 11:43 AM 8 Volleyball 5/10/2022 10:40 AM 9 No 5/10/2022 10:02 AM 10 Pool for hip therapy 5/10/2022 9:34 AM 11 N/A 5/9/2022 8:37 PM 12 Pickleball 4/26/2022 7:35 AM 13 special classes 4/23/2022 1:06 PM 14 Childcare when it was needed years ago 4/23/2022 8:43 AM 15 finess studio 4/22/2022 8:35 AM 16 Line dance class 4/21/2022 9:42 PM 17 I attend dance/yoga class for a month every August 4/21/2022 4:56 PM 18 Group Fitness 4/21/2022 3:48 PM 19 Park 4/20/2022 4:04 PM 20 I dont use the rec center 4/18/2022 2:54 AM 21 K 4/12/2022 1:41 PM 22 Oula room 4/8/2022 7:16 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 7 / 61 13.84%53 4.44%17 14.10%54 3.39%13 46.48%178 4.44%17 11.75%45 1.57%6 Q6 How do you primarily access the facility? Answered: 383 Skipped: 162 TOTAL 383 13.84%13.84% 13.84% 4.44%4.44% 4.44% 14.10%14.10% 14.10% 3.39%3.39% 3.39% 46.48%46.48% 46.48% 4.44%4.44% 4.44% 11.75%11.75% 11.75% 1.57%1.57% 1.57% 0%10%20%30%40%50%60%70%80%90%100% 12-month membership 6-month membership Monthly membership Seasonal membership Punch card Daily admission fee Employer-provid ed membership I do not use the facility ANSWER CHOICES RESPONSES 12-month membership 6-month membership Monthly membership Seasonal membership Punch card Daily admission fee Employer-provided membership I do not use the facility ATTACHMENT C Avon Recreation Center 2022 Community Survey 8 / 61 Q7 Please rate the cleanliness of each area of the Avon Recreation Center Answered: 383 Skipped: 162 17.11%17.11% 17.11% 10.79%10.79% 10.79% 61.47%61.47% 61.47% 0.27%0.27% 0.27% 3.68%3.68% 3.68% 0.29%0.29% 0.29% 0.87%0.87% 0.87% 8.02%8.02% 8.02% 18.16%18.16% 18.16% 3.24%3.24% 3.24% 6.07%6.07% 6.07% 41.98%41.98% 41.98% 43.16%43.16% 43.16% 20.88%20.88% 20.88% 32.08%32.08% 32.08% 32.62%32.62% 32.62% 24.21%24.21% 24.21% 14.12%14.12% 14.12% 22.25%22.25% 22.25% Fitness area Shower/locker rooms Yoga/spin studios Leisure pools ATTACHMENT C Avon Recreation Center 2022 Community Survey 9 / 61 38.73%38.73% 38.73% 40.86%40.86% 40.86% 44.83%44.83% 44.83% 55.20%55.20% 55.20% 55.85%55.85% 55.85% 0.86%0.86% 0.86% 2.30%2.30% 2.30% 2.60%2.60% 2.60% 2.63%2.63% 2.63% 4.86%4.86% 4.86% 12.36%12.36% 12.36% 9.25%9.25% 9.25% 7.02%7.02% 7.02% 29.71%29.71% 29.71% 26.15%26.15% 26.15% 19.65%19.65% 19.65% 19.30%19.30% 19.30% 23.71%23.71% 23.71% 14.37%14.37% 14.37% 13.29%13.29% 13.29% 15.20%15.20% 15.20% Lap pool Hot tub Steam room Sauna ATTACHMENT C Avon Recreation Center 2022 Community Survey 10 / 61 32.62% 122 41.98% 157 8.02% 30 0.27% 1 17.11% 64 374 2.73 24.21% 92 43.16% 164 18.16% 69 3.68% 14 10.79% 41 380 2.66 14.12% 48 20.88% 71 3.24% 11 0.29% 1 61.47% 209 340 1.26 22.25% 77 32.08% 111 6.07% 21 0.87% 3 38.73% 134 346 1.98 23.71% 83 29.71% 104 4.86% 17 0.86% 3 40.86% 143 350 1.95 14.37% 50 26.15% 91 12.36% 43 2.30% 8 44.83% 156 348 1.63 13.29% 46 19.65% 68 9.25% 32 2.60% 9 55.20% 191 346 1.33 15.20% 52 19.30% 66 7.02% 24 2.63% 9 55.85% 191 342 1.35 49.72% 179 42.50% 153 5.00% 18 0.00% 0 2.78% 10 360 3.36 2.78%2.78% 2.78% 5.00%5.00% 5.00% 42.50%42.50% 42.50% 49.72%49.72% 49.72% 0%10%20%30%40%50%60%70%80%90%100% Excellent Good Fair Poor Not applica… Entrance/front desk/common... EXCELLENT GOOD FAIR POOR NOT APPLICABLE TOTAL WEIGHTED AVERAGE Fitness area Shower/locker rooms Yoga/spin studios Leisure pools Lap pool Hot tub Steam room Sauna Entrance/front desk/common areas ATTACHMENT C Avon Recreation Center 2022 Community Survey 11 / 61 Q8 Please rank operational improvements, if any, for the Recreation Department to prioritize (Click arrows and drag up or down to rank) Answered: 347 Skipped: 198 38.16% 116 22.04% 67 17.11% 52 10.20% 31 7.24% 22 4.93% 15 0.00% 0 0.33% 1 304 6.57 6.46% 19 16.67% 49 21.77% 64 24.49% 72 17.01% 50 13.27% 39 0.00% 0 0.34% 1 294 5.30 2.74% 8 4.45% 13 8.90% 26 14.04% 41 23.63% 69 45.89% 134 0.34% 1 0.00% 0 292 4.10 36.08% 114 27.22% 86 10.44% 33 11.08% 35 9.18% 29 6.01% 19 0.00% 0 0.00% 0 316 6.52 11.11% 34 19.28% 59 22.22% 68 21.90% 67 18.30% 56 7.19% 22 0.00% 0 0.00% 0 306 5.61 13.16% 40 9.54% 29 16.78% 51 14.14% 43 22.04% 67 24.01% 73 0.33% 1 0.00% 0 304 5.04 50.00% 1 0.00% 0 0.00% 0 50.00% 1 0.00% 0 0.00% 0 0.00% 0 0.00% 0 2 6.50 0.00% 0 50.00% 1 0.00% 0 0.00% 0 50.00% 1 0.00% 0 0.00% 0 0.00% 0 2 5.50 77 7 55 5 44 4 77 7 66 6 55 5 77 7 66 6 0 1 2 3 4 5 6 7 8 9 10 Expanded operating hours Check-in/regist ration process Increased merchandise ... Eagle County resident... Additional shower/locke... Addition of Fitness... I'm satisfied without any... Other (please describe below) 1 2 3 4 5 6 7 8 TOTAL SCORE Expanded operating hours Check-in/registration process Increased merchandise for sale at the front desk Eagle County resident discounts Additional shower/locker room amenities Addition of Fitness Attendant position to monitor and maintain fitness areas I'm satisfied without any operational improvements Other (please describe below) ATTACHMENT C Avon Recreation Center 2022 Community Survey 12 / 61 Q9 Are there any other operational improvements you would suggest? Answered: 252 Skipped: 293 #RESPONSES DATE 1 Install sliding door in pool areas facing park that can open and let fresh air in pool areas 5/13/2022 11:03 PM 2 Reinstate reservation for lap swim lane 5/13/2022 5:09 PM 3 The expanded hours are really important, I want to re-iterate that.5/13/2022 3:55 PM 4 Steam room isn’t always working well 5/13/2022 3:37 PM 5 Lap pool needs to be vacuumed more often. There is plaster floating in chunks on the bottom from when the pool was refinished. 5/13/2022 1:57 PM 6 more spin and zumba classes 5/13/2022 12:13 PM 7 THE FAMILY LOCKERS NEED A BANCH OR A CHAIR 5/13/2022 12:03 PM 8 Reposition staff to be in the appropriate areas; workout rooms, locker rooms. The steam room needs cleaning several times a day. It seems it does not get cleaned on even a daily basis and rarely deep cleaned. 5/13/2022 8:28 AM 9 N/a 5/13/2022 8:27 AM 10 No 5/13/2022 6:26 AM 11 hot tub needs to be fixed please 5/13/2022 3:00 AM 12 na 5/12/2022 11:54 AM 13 no 5/12/2022 10:11 AM 14 We need a basketball court gym and more places to powerlift 5/12/2022 8:48 AM 15 No, the place seems well organized and well run!5/11/2022 8:10 PM 16 None 5/11/2022 7:24 PM 17 There needs to be more gym equipment in the weight room. People are weighting to use a machine for too long 5/11/2022 6:37 PM 18 hot tub improvements 5/11/2022 6:17 PM 19 no 5/11/2022 5:43 PM 20 n/a 5/11/2022 5:34 PM 21 Check locker rooms more often for cleaning 5/11/2022 5:30 PM 22 No 5/11/2022 4:56 PM 23 The family changing room n ed's a dry space. As is, the floor is too wet/dirty to set child down for changing into dry clothes. 5/11/2022 3:14 PM 24 nope 5/11/2022 12:35 PM 25 Fixing jets at jacuzzi 5/11/2022 11:54 AM 26 Fix the sound system in the downstairs studio and also get fans and/or turn off the heat!!5/11/2022 11:10 AM 27 no 5/11/2022 10:51 AM 28 None 5/11/2022 10:46 AM 29 More times for lap swim, more fitness classes 5/11/2022 9:28 AM 30 Open before 12 on Sunday 5/11/2022 6:04 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 13 / 61 31 No- we thought it was a great facility- on par with the Lifetime Fitness we used to attend. I don't believe any of the above improvements are absolutely necessary. However, my son would have used it more often of it were open am hour later as his usu workout time is end of day between 8 amd 10pm. 5/11/2022 4:47 AM 32 More spin classes 5/10/2022 11:51 PM 33 Do special lap pool and deep water pool events such as scuba which I support, before opening the pool to general public on Saturday if economically possible. 5/10/2022 11:43 PM 34 Overall, I am really not concerned about any of the above. I have a punch card and appreciate that option and hope you continue to offer that option at a discounted rate. 5/10/2022 10:43 PM 35 Spray bottles on fitness area to spray down the mats. Wipes work great for gym equipment but are trash at cleaning the fitness mats. 5/10/2022 9:50 PM 36 New tables on reception/ entrance/ food area 5/10/2022 9:44 PM 37 Not at this time- I like yourcenter 5/10/2022 9:37 PM 38 Check the family bathrooms for cleaning-sometimes (not all), the wastebaskets are full and overflowing. 5/10/2022 9:22 PM 39 None 5/10/2022 7:30 PM 40 No 5/10/2022 7:05 PM 41 None 5/10/2022 6:35 PM 42 Reservations for lap pool lanes 5/10/2022 6:30 PM 43 No 5/10/2022 6:06 PM 44 No 5/10/2022 5:43 PM 45 Length of time for repairs on fitness equipment without duplicates needs to improve. Or replacement parts, elbow pads on ab tower missing and equipment unavailable for over a week, unacceptable. 5/10/2022 5:41 PM 46 The fitness studio NEEDS some fans to keep participants cool during cardio based classes. It is way too hot most of the time and the old studio had large fans mounted on the walls that we would use every class. The sound system also needs to be maintained effectively as it has caused disruption to weeks of classes. When the sound system is down there needs to be a large enough speaker or multiple speakers as a substitute as the one jbl is not sufficient to conduct a music based cardio dance class. 5/10/2022 5:19 PM 47 The pool should be warmer in winter. There should be the temperature online to access. The showers are sometimes not hot enough. Could use more hooks. 5/10/2022 4:52 PM 48 Clean shower area regularly! Fitness area is crowded at all times.5/10/2022 4:50 PM 49 Fix water fountain by back entry door 5/10/2022 4:48 PM 50 n/a 5/10/2022 4:36 PM 51 Bring back spray bottles and rags for sanitizing equipment. The little disposable cloths can't clean much. 5/10/2022 3:48 PM 52 Desperately need to enlarge/reconfigure weight room. Also, the equipment could be upgraded.5/10/2022 3:48 PM 53 Paint the area all bright white 5/10/2022 3:39 PM 54 No 5/10/2022 3:38 PM 55 I would suggest signs to remind folks not to use their cell phones in the fitness area 5/10/2022 3:30 PM 56 No 5/10/2022 3:29 PM 57 no 5/10/2022 3:07 PM 58 The hot tub could be hotter and an ice bath or cold room would be ideal 5/10/2022 3:00 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 14 / 61 59 Open the pool on Saturday mornings. I have to go elsewhere now 5/10/2022 2:56 PM 60 no 5/10/2022 2:56 PM 61 NA 5/10/2022 2:39 PM 62 More/bigger family changing rooms, more baby changing tables 5/10/2022 2:38 PM 63 locker room towels provided 5/10/2022 2:23 PM 64 No change 5/10/2022 2:15 PM 65 Cleaner facilities 5/10/2022 1:56 PM 66 Additional and larger family changing rooms 5/10/2022 1:54 PM 67 numbers 2-6 in the precious are null for me.5/10/2022 1:45 PM 68 No thanks.5/10/2022 1:41 PM 69 Yes it would be great to see additional fitness classes offered like strength classes using weights or bars, combined with some aerobic work. 5/10/2022 1:23 PM 70 Your hot tub has been broker for months. And, it is a horrible hot tub. You need a new hot tub with lots of jets for the back, shoulders and let areas. 5/10/2022 1:09 PM 71 Need more machines 5/10/2022 12:58 PM 72 No 5/10/2022 12:46 PM 73 No 5/10/2022 12:42 PM 74 Swimming classes.5/10/2022 12:32 PM 75 No 5/10/2022 12:23 PM 76 Diaper changing tables in all locker rooms 5/10/2022 12:22 PM 77 Some shower heads hard to regulate to get hot enough water 5/10/2022 12:22 PM 78 More changing tables, hooks in bathroom 5/10/2022 12:18 PM 79 I would love to see more swimming lessons, especially over the summer and school breaks when there can be multiple times and levels offered. 5/10/2022 12:17 PM 80 Open earlier on Sundays. Website could also use improvement.5/10/2022 12:15 PM 81 Please provide instructors’ full certifications in bios on the web center.5/10/2022 12:05 PM 82 No 5/10/2022 12:01 PM 83 Spray bottles in addition to wipes for the yoga mats!!! It's really hard to wipe the mats with the wipes 5/10/2022 12:00 PM 84 Increased air circulation 5/10/2022 11:55 AM 85 Daily monitoring of equipment and fixing broken treadmills and other broken/missing equipment such and jump ropes and bar collars. Not sure if mats in the fitness room are cleaned daily - I’m always careful to wipe mine down, but it would be nice if they were cleaned more often for those who don’t wipe them down. 5/10/2022 11:54 AM 86 The facility is quite expensive for visitors. For instance, grandchildren and children of Eagle County residents. Additionally WE REALLY need a walking/running track!! 5/10/2022 11:52 AM 87 No 5/10/2022 11:43 AM 88 Some lessen crowds in weight room during peak times.5/10/2022 11:38 AM 89 The machines are constantly broken/out of order! The music can be too loud. Stop skiers parking in the lot! 5/10/2022 11:38 AM 90 no 5/10/2022 11:35 AM 91 Fix hot tub in timely manner 5/10/2022 11:33 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 15 / 61 92 Update cardio machines 5/10/2022 11:31 AM 93 none 5/10/2022 11:30 AM 94 no 5/10/2022 11:25 AM 95 Bring back the additional squat rack that was removed in December. There is a high demand for these racks during the busy season. 5/10/2022 11:15 AM 96 none 5/10/2022 11:12 AM 97 The big slide's mounting bolts are rusted and broken. This needs to get fixed ASAP.5/10/2022 11:10 AM 98 Bathroom on 2nd level 5/10/2022 11:09 AM 99 Opening earlier on Sundays 5/10/2022 11:04 AM 100 No 5/10/2022 11:00 AM 101 Front desk has drastically improved since the change to the new pos system.5/10/2022 10:59 AM 102 More yoga classes 5/10/2022 10:58 AM 103 I don't think so 5/10/2022 10:54 AM 104 If there is any additonal space available I would like to see either a turf section or a another room for designed for powerlifting 5/10/2022 10:51 AM 105 Continue With Pool Upgrades. Add splash pad on exterior for kids.5/10/2022 10:50 AM 106 More classes 5/10/2022 10:49 AM 107 No, we bring the kids - they love it 5/10/2022 10:47 AM 108 No 5/10/2022 10:46 AM 109 Improve staffing for swim programs. We need a much deeper bench. Full time coach plus assistant 5/10/2022 10:45 AM 110 Great place!5/10/2022 10:44 AM 111 None 5/10/2022 10:43 AM 112 Better signage for entrance for drop in volleyball 5/10/2022 10:40 AM 113 Not really 5/10/2022 10:38 AM 114 more peloton type spin bikes 5/10/2022 10:36 AM 115 Swim classes and other fitness clases should improve and more should be added 5/10/2022 10:35 AM 116 The hot tub is disappointing. Also, sometimes the amount of equipment that is out of order for long periods of time could be better. 5/10/2022 10:35 AM 117 None. You guys are fantastic. I love the folks working at the front desk.5/10/2022 10:32 AM 118 NO 5/10/2022 10:30 AM 119 Fans in the fitness room and working speakers 5/10/2022 10:27 AM 120 Get the fitness equipment fixed ASAP.5/10/2022 10:25 AM 121 No 5/10/2022 10:23 AM 122 none 5/10/2022 10:23 AM 123 Speedy maintenance 5/10/2022 10:22 AM 124 More family locker/changing rooms 5/10/2022 10:18 AM 125 Some more shoulder specific and and specific equipment 5/10/2022 10:13 AM 126 keeping fitness equipment in better shape. keep locker rooms and bathrooms cleaner 5/10/2022 10:12 AM 127 More fitness/wellness classes :)5/10/2022 10:09 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 16 / 61 128 Have your Black Friday sale 2x/year.5/10/2022 10:08 AM 129 Open early on the weekends. Noon isn’t gonna cut it.5/10/2022 10:02 AM 130 No 5/10/2022 10:01 AM 131 Na 5/10/2022 10:00 AM 132 This is a stretch but would be nice to have fresh air in the fitness area on nice weather days.5/10/2022 9:58 AM 133 no 5/10/2022 9:57 AM 134 Find new area for the middle squat rack it's dangerous for members to workout someone is going to get hurt 5/10/2022 9:57 AM 135 turn down the volume of the radio in fitness area. It is often at levels that could damage hearing. 5/10/2022 9:56 AM 136 Treadmills need repair 5/10/2022 9:51 AM 137 Remove the height restrictions on the water slide. Several other Facilities in the state have a similar set up with no height restrictions. 5/10/2022 9:50 AM 138 Please allow for a non digital front desk/ register option that involves a human 5/10/2022 9:42 AM 139 More little kid classes/programs 5/10/2022 9:41 AM 140 Jets for hot tub 5/10/2022 9:41 AM 141 Please change or at least wash and sterilize shower curtains regularly.5/10/2022 9:40 AM 142 The lockers rooms are dirty and smell bad due to the lack of cleaning staff 5/10/2022 9:38 AM 143 A bigger lap pool/competition pool 5/10/2022 9:33 AM 144 more fitness classes during the day, coaches 5/10/2022 9:32 AM 145 No 5/10/2022 9:30 AM 146 jets are very weak in hot tub.5/10/2022 9:28 AM 147 A cleaner facility would be a plus 5/10/2022 9:27 AM 148 wipes at all times; hot tub needs to be fixed 5/10/2022 9:23 AM 149 i suggest a trainer as a complimentary service to teach the correct use of weight machines at least once to any guest that needs help 5/10/2022 9:21 AM 150 Expanded fitness class schedule outside of 8-5 5/9/2022 8:37 PM 151 Outdoor pool and pickle ball courts 5/9/2022 3:36 PM 152 More benches in the free weight/movement area 5/9/2022 2:19 PM 153 daycare 5/9/2022 1:58 PM 154 Group fitness area is dirty 5/6/2022 11:53 AM 155 A hip thruster machine before someone gets hurt 5/5/2022 3:27 PM 156 Time to expand 5/2/2022 7:49 AM 157 No 4/30/2022 1:20 PM 158 More open lap swim hours closer to after work hours. Hard to get a lane at 5-6 with swim team going on 4/29/2022 3:51 PM 159 No 4/29/2022 1:49 PM 160 no 4/28/2022 1:25 PM 161 Bi daily locker room sanitation 4/27/2022 12:28 PM 162 Discounts should be for taxpaying Avon residents (not eagle county). We pay the taxes!4/27/2022 10:46 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 17 / 61 163 Warmer water in the deep well pool 4/27/2022 6:57 AM 164 outdoor pool 4/26/2022 12:05 PM 165 More outdoor classes/activities 4/26/2022 7:35 AM 166 no, I like the variety of classes offered, and the outside classes in the summer 4/25/2022 8:20 AM 167 Move the paddle board rental to the other side of the lake. It takes up a lot of beach space.4/24/2022 8:33 PM 168 An actual 25 yard pool 4/24/2022 11:32 AM 169 More outdoor exercise areas 4/24/2022 8:36 AM 170 Please increase classes variety, we miss kickboxing and zumba/dance 4/23/2022 8:29 PM 171 n/a 4/23/2022 4:22 PM 172 You are doing a good job 4/23/2022 3:06 PM 173 Open at 8 am on Saturday and Sunday 4/23/2022 3:02 PM 174 More morning classes 4/23/2022 2:51 PM 175 more classes like Zumba 4/23/2022 11:45 AM 176 no 4/23/2022 10:50 AM 177 better cleanliness in lap pool, increase temp of lap pool a couple of degrees, better lighting everywhere - its very dim. 4/23/2022 10:36 AM 178 Na 4/23/2022 10:10 AM 179 Demolish and rebuild in its entirety.4/23/2022 8:43 AM 180 Do not play music at disco club levels in fitness area. It's too loud.4/23/2022 6:39 AM 181 No 4/23/2022 5:46 AM 182 No 4/22/2022 8:32 PM 183 Better hours 4/22/2022 7:40 PM 184 More hooks in shower areas please!4/22/2022 7:27 PM 185 No 4/22/2022 6:49 PM 186 The lockers rooms have consistently been dirty, especially the shower stalls and sinks. More routine attention would be my #1 vote if you offered that above. Compared to other gyms, Avon's locker rooms are the dirtiest and least maintained. 4/22/2022 6:43 PM 187 hot tub - improvements so it is operational 4/22/2022 1:23 PM 188 No 4/22/2022 1:17 PM 189 more class options 4/22/2022 10:05 AM 190 more live fitness classes, inside and out please 4/22/2022 8:35 AM 191 Sunday hours earlier. Discount for Eagle county property owners 4/22/2022 7:35 AM 192 I would love to see an open space for games like Roller Derby 4/22/2022 6:26 AM 193 More cleaning is needed on a regular basis 4/21/2022 9:59 PM 194 Many of these questions don’t have a correct response option. Invalid survey for me 4/21/2022 9:09 PM 195 Ability to reserve swim lanes 4/21/2022 8:43 PM 196 No 4/21/2022 6:19 PM 197 no 4/21/2022 4:56 PM 198 nope 4/21/2022 4:00 PM 199 would like to be able to work out on Sunday morning 4/21/2022 3:46 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 18 / 61 200 More fitness classes 4/21/2022 3:42 PM 201 More adult aqua fitness 4/21/2022 3:24 PM 202 I do not currently see a need for any of the improvements above. A lot of the machines are out of order and keeping existing equipment functioning would be the best improvement in my opinion 4/21/2022 9:37 AM 203 Often times when I amon the treadmill people will drop heavy weights and it makes the floor shake. I have gone done and alerted front desk but they don't do anything. There used to be a sign saying no dropping of weights. It really ruins the environment for me and I am sure others. 4/21/2022 7:31 AM 204 The floors in the locker rooms and in the sauna/ steam rooms and in the hallway between could be cleaned better. The machine that spins wet items in the locker room smells bad. Thank you for providing the small towels 4/20/2022 6:54 PM 205 More Yoga classes 4/20/2022 6:35 PM 206 New hot tub. Better jets. No children in hot tub.4/20/2022 5:19 PM 207 daily yoga floor sweep and mop 4/20/2022 2:37 PM 208 Opening the doors prior to 6am just so people can start their workouts promptly at 6am vs 6:10/6:15 4/20/2022 2:09 PM 209 no 4/20/2022 11:34 AM 210 Open earlier 4/20/2022 11:19 AM 211 Cardio equipment needs improved operation monitoring and maintenance program to ensure equipment availability and locker rooms need enhanced cleaning, shower soap availability, attention. 4/20/2022 10:46 AM 212 Clean the fitness room floors more often. Especially the free stretch area 4/20/2022 10:39 AM 213 Expanded weights area, it's always so busy during the afterwork hours 4/20/2022 10:22 AM 214 None, very happy and impressed with the Rec Center!4/20/2022 9:32 AM 215 n/a 4/19/2022 10:10 PM 216 No 4/19/2022 7:49 PM 217 More outdoor activites- hikes, etc 4/19/2022 5:34 PM 218 More cleaning in fitness area and showers/locker rooms 4/19/2022 5:18 PM 219 Work on cleaning 4/19/2022 4:47 PM 220 no 4/19/2022 4:07 PM 221 The Avon Rec Center is one of the most popular/most affordable rec centers in the valley. Which is great but it has caused issues in the weight lifting area with limited space, limited equipment, and people not organizing/cleaning after they are finished with the equipment. 4/19/2022 12:59 PM 222 Sunday hours - noon is really late to open 4/19/2022 12:53 PM 223 No 4/19/2022 3:53 AM 224 no 4/18/2022 2:54 AM 225 No 4/17/2022 3:12 PM 226 improvements to the pool and possible expand the aquatic area 4/17/2022 1:36 PM 227 More family locker rooms 4/16/2022 3:30 PM 228 I don't think any improvements need to be made actually. Earlier hours would have been nice, but I'm probably the only one. Also in summer I don't use those. 4/16/2022 11:31 AM 229 Expansion of the fitness area specially weight room 4/16/2022 9:58 AM 230 Functioning window shades in both Yoga/Spin Studios. Toilets that work/flush not overflow in 4/15/2022 4:36 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 19 / 61 bathrooms, filled up soap dispensers, larger towels (not face cloths) to borrow/use 231 Sunday hours expanded would be great 4/15/2022 3:00 PM 232 I don't like the elliptical machines.4/15/2022 1:24 PM 233 The new locker rooms are great however the drains in the mens locker room get clogged badly.4/15/2022 12:43 PM 234 5 am opening time.4/15/2022 12:38 PM 235 Open water programs in Nottingham lake 4/15/2022 12:35 PM 236 health and wellness education related to environment 4/15/2022 12:30 PM 237 More equipment/space 4/15/2022 7:29 AM 238 I think we need to fix the stuff that is broken.4/15/2022 7:25 AM 239 Pay increases for town employees 4/15/2022 7:25 AM 240 Operating hours on Sundays could be extended an hour in the evenings.4/15/2022 2:01 AM 241 Better fitness machine maintenance 4/14/2022 12:07 PM 242 Standing Calf raise machine 4/13/2022 8:14 PM 243 Please add an indoor roller skating rink 4/12/2022 1:33 PM 244 more parking 4/12/2022 1:18 PM 245 N/A 4/11/2022 3:22 PM 246 N/A 4/11/2022 10:09 AM 247 Bigger facility or more space 4/11/2022 8:28 AM 248 Having a women's only weight lifting area, adding more functional movement areas (a turf for sprints, squat rack with pull up bars (crossfit style,) monkey bar rig, 4/9/2022 8:41 AM 249 Fix the speaker system in the yoga studio. Have multiple back up speakers that can be used when the rooms sound system goes down. 4/8/2022 11:06 PM 250 Yes, fan 4/8/2022 7:16 PM 251 A little bar,snacks,healthy food,protein 4/8/2022 6:10 PM 252 No 4/1/2022 6:30 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 20 / 61 Q10 Please rank programming opportunities, if any, for the Recreation Department to prioritize (Click arrows and drag up or down to rank) Answered: 311 Skipped: 234 1111 11 1010 10 1010 10 1010 10 88 8 88 8 88 8 77 7 66 6 66 6 55 5 66 6 66 6 0 2 4 6 8 10 12 14 16 18 20 Increased variety of... Nutrition and/or welln... Individual fitness... Outdoor programs/events Boxing/martial arts classes... Expanded childcare... Adults sports leagues/tour... Teen programming Senior programming Family programming Party/facility rentals I'm satisfied without any... Other (please describe below) ATTACHMENT C Avon Recreation Center 2022 Community Survey 21 / 61 42.50% 119 16.07% 45 11.79% 33 8.21% 23 7.86% 22 4.64% 13 2.86% 8 1.43% 4 1.79% 5 0.36% 1 2 10.37% 28 26.30% 71 19.26% 52 12.59% 34 7.04% 19 9.63% 26 6.30% 17 2.96% 8 1.85% 5 2.59% 7 1 7.55% 20 15.47% 41 21.51% 57 15.85% 42 12.08% 32 8.30% 22 5.66% 15 3.40% 9 5.66% 15 2.64% 7 1 12.27% 33 14.50% 39 13.38% 36 23.42% 63 12.64% 34 8.55% 23 3.72% 10 4.83% 13 2.97% 8 2.60% 7 1 6.18% 16 6.18% 16 7.34% 19 7.34% 19 22.39% 58 12.36% 32 8.11% 21 6.18% 16 4.25% 11 8.11% 21 11 9.89% 26 6.46% 17 8.75% 23 5.70% 15 7.98% 21 21.67% 57 16.35% 43 7.98% 21 6.08% 16 4.94% 13 4 7.28% 19 6.51% 17 8.05% 21 8.05% 21 10.73% 28 12.64% 33 23.75% 62 10.34% 27 4.60% 12 5.36% 14 2 3.83% 10 1.92% 5 3.83% 10 5.36% 14 4.60% 12 6.90% 18 13.03% 34 34.48% 90 15.33% 40 8.05% 21 2 4.10% 11 4.10% 11 2.99% 8 6.34% 17 4.85% 13 5.97% 16 5.97% 16 11.94% 32 33.21% 89 11.57% 31 8 5.04% 13 5.81% 15 3.88% 10 3.88% 10 3.49% 9 3.88% 10 3.49% 9 9.30% 24 14.34% 37 37.21% 96 9 1.92% 5 2.68% 7 3.07% 8 3.83% 10 4.21% 11 2.68% 7 6.13% 16 3.07% 8 4.98% 13 15.71% 41 51 0.00% 0 0.00% 0 0.00% 0 0.00% 0 50.00% 1 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0 0.00% 0 0.00% 0 0.00% 0 50.00% 1 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0 1 2 3 4 5 6 7 8 9 10 11 Increased variety of fitness classes Nutrition and/or wellness classes Individual fitness assessments Outdoor programs/events Boxing/martial arts classes and/or equipment Expanded childcare programs Adults sports leagues/tournaments Teen programming Senior programming Family programming Party/facility rentals I'm satisfied without any additional programming opportunities Other (please describe below) ATTACHMENT C Avon Recreation Center 2022 Community Survey 22 / 61 Q11 Are there any other programming opportunities you would suggest? Answered: 188 Skipped: 357 #RESPONSES DATE 1 Swim Meets 5/13/2022 3:55 PM 2 No 5/13/2022 3:37 PM 3 No 5/13/2022 1:57 PM 4 NA 5/13/2022 12:03 PM 5 Group strength building and weight training classes. Also, individual health tracking system of application. 5/13/2022 8:28 AM 6 No 5/13/2022 6:26 AM 7 na 5/12/2022 11:54 AM 8 no 5/12/2022 10:11 AM 9 Basketball courts 5/12/2022 8:48 AM 10 no 5/11/2022 5:43 PM 11 NO 5/11/2022 5:34 PM 12 Teacher led classes 5/11/2022 5:30 PM 13 No 5/11/2022 4:56 PM 14 Free towels for pool!!!5/11/2022 3:14 PM 15 more yoga!5/11/2022 12:35 PM 16 More types of classes 5/11/2022 11:10 AM 17 more yoga 5/11/2022 10:51 AM 18 None 5/11/2022 10:46 AM 19 Nope 5/11/2022 9:28 AM 20 no 5/11/2022 6:04 AM 21 No, we primarily use the facility for weight training.5/11/2022 4:47 AM 22 No 5/10/2022 11:51 PM 23 No 5/10/2022 11:43 PM 24 Just keep the pool open!5/10/2022 10:43 PM 25 Maybe coordinate with ski schools or club 5/10/2022 9:37 PM 26 Not really - just like the pool and lap pool 5/10/2022 9:22 PM 27 None 5/10/2022 7:30 PM 28 No 5/10/2022 7:05 PM 29 None 5/10/2022 6:35 PM 30 Kayaking, pickle ball classes & leagues, triathlon training, mtn biking classes, shooting & gun safety classes 5/10/2022 6:30 PM 31 Programming that is offered with monthly management for free as a perk to joining monthyl 5/10/2022 6:06 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 23 / 61 32 No 5/10/2022 5:43 PM 33 No 5/10/2022 5:41 PM 34 PreSeason Snowsports workout programs 5/10/2022 5:03 PM 35 The party room is a bit depressing.5/10/2022 4:52 PM 36 No 5/10/2022 4:48 PM 37 n/a 5/10/2022 4:36 PM 38 Evening masters swim 5/10/2022 3:38 PM 39 No 5/10/2022 3:30 PM 40 Winter broom ball 5/10/2022 3:29 PM 41 More swimming hours 5/10/2022 2:56 PM 42 no 5/10/2022 2:56 PM 43 NA 5/10/2022 2:39 PM 44 More kids classes 5/10/2022 2:38 PM 45 No 5/10/2022 2:15 PM 46 Kickboxing 5/10/2022 1:56 PM 47 increased options for swim lessons 5/10/2022 1:54 PM 48 No thanks,5/10/2022 1:41 PM 49 More class offerings 5/10/2022 1:23 PM 50 No, I just like to come there and work out by myself and use the hot tub, pool and steamer.5/10/2022 1:09 PM 51 No 5/10/2022 12:58 PM 52 No 5/10/2022 12:46 PM 53 No 5/10/2022 12:42 PM 54 No 5/10/2022 12:23 PM 55 None 5/10/2022 12:22 PM 56 More swim lesson classes or larger sizes.5/10/2022 12:19 PM 57 More swim Classes 5/10/2022 12:18 PM 58 See my note about additional dates and times for swimming lessons. I would be willing to help!5/10/2022 12:17 PM 59 No 5/10/2022 12:05 PM 60 No 5/10/2022 12:01 PM 61 Coaching 5/10/2022 11:55 AM 62 Cardio kickboxing is a great workout and lots of fun.5/10/2022 11:54 AM 63 Walking/running track 5/10/2022 11:52 AM 64 None 5/10/2022 11:38 AM 65 None of these are a priority for me. The survey requires this section to be completed.5/10/2022 11:38 AM 66 no 5/10/2022 11:35 AM 67 Pickel ball courts 5/10/2022 11:33 AM 68 Dance 5/10/2022 11:31 AM 69 none 5/10/2022 11:30 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 24 / 61 70 Pilates on a Reformer Machine, Peleton Bikes, Adult Women Lacrosse or Basketball Leagues 5/10/2022 11:10 AM 71 NA 5/10/2022 11:10 AM 72 Gymnastics 5/10/2022 11:08 AM 73 N/A 5/10/2022 11:04 AM 74 No 5/10/2022 11:00 AM 75 More yoga classes with more variety/levels 5/10/2022 10:58 AM 76 Better yoga instructors for classes.5/10/2022 10:54 AM 77 no 5/10/2022 10:51 AM 78 More Summer Camp & School is Out Opportunities.5/10/2022 10:50 AM 79 no 5/10/2022 10:47 AM 80 No 5/10/2022 10:46 AM 81 More aquatics 5/10/2022 10:45 AM 82 None 5/10/2022 10:43 AM 83 Don't really have much. I attended 1 event only for adult rec.5/10/2022 10:40 AM 84 No 5/10/2022 10:38 AM 85 Zumba, barre, kickboxing 5/10/2022 10:35 AM 86 Tai Chi would be cool.5/10/2022 10:32 AM 87 NO 5/10/2022 10:30 AM 88 N/A 5/10/2022 10:27 AM 89 none 5/10/2022 10:25 AM 90 no 5/10/2022 10:23 AM 91 none 5/10/2022 10:23 AM 92 Dance classss 5/10/2022 10:22 AM 93 more swim classes and kids programs 5/10/2022 10:21 AM 94 no 5/10/2022 10:12 AM 95 How to classes offered for free throughout the year/demos would be awesome! For example: learn how to fix a tire, sponsored by Venture Sports or wilderness safety 101 courses/classes 5/10/2022 10:09 AM 96 N/a 5/10/2022 10:08 AM 97 pickleball courts 5/10/2022 10:05 AM 98 No 5/10/2022 10:02 AM 99 No 5/10/2022 10:01 AM 100 Na 5/10/2022 10:00 AM 101 more palates classes 5/10/2022 9:57 AM 102 No 5/10/2022 9:57 AM 103 Weekly outdoor open swim practices 5/10/2022 9:51 AM 104 Make all programs available in both Spanish and English 5/10/2022 9:42 AM 105 Music, dance. Or any little kid classes 5/10/2022 9:41 AM 106 NA 5/10/2022 9:41 AM 107 It's fine.5/10/2022 9:40 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 25 / 61 108 No 5/10/2022 9:38 AM 109 More programs for baby and toddlers ages 6 months - 2 years old 5/10/2022 9:33 AM 110 Senior weight and fitness classes on schedule 5/10/2022 9:32 AM 111 more swimming classes availability 5/10/2022 9:32 AM 112 No 5/10/2022 9:30 AM 113 Kayak classes in the pool!5/10/2022 9:29 AM 114 how about bringing zumba back?5/10/2022 9:21 AM 115 Not at this time 5/9/2022 8:37 PM 116 womens flag football league 5/9/2022 2:19 PM 117 The Center is nice- I used it through Silver Sneakers while staying in Vail..5/9/2022 1:08 PM 118 No 4/30/2022 1:20 PM 119 No 4/29/2022 1:49 PM 120 no 4/28/2022 1:25 PM 121 None 4/27/2022 12:28 PM 122 more classes 4/26/2022 12:05 PM 123 no 4/25/2022 8:20 AM 124 Please offer childcare 4/24/2022 8:33 PM 125 no 4/24/2022 11:32 AM 126 Real classes for real people, VARIETY!!!4/23/2022 8:29 PM 127 n/a 4/23/2022 4:22 PM 128 Taichi 4/23/2022 3:06 PM 129 No 4/23/2022 2:51 PM 130 Strength training for able-bodied seniors (not nursing home residents)4/23/2022 1:06 PM 131 Outdoor fitness classes 4/23/2022 12:46 PM 132 blood drives, boot camps for seniors and young adults walking clubs 4/23/2022 11:45 AM 133 I don't utilize any programming so that is why I did not rank anything.4/23/2022 10:50 AM 134 Na 4/23/2022 10:10 AM 135 No 4/23/2022 5:46 AM 136 No 4/22/2022 8:32 PM 137 I think a daily hour before or after hours for the unhealthy /self concious members of the community to use facilities would be awesome. 4/22/2022 7:40 PM 138 Roller skating 4/22/2022 6:49 PM 139 No 4/22/2022 1:17 PM 140 Seniors weight training 4/22/2022 7:45 AM 141 Weight loss 4/21/2022 9:09 PM 142 - pickle ball lessons and leagues; triathlon training program; swim analysis; mountain biking group rides; fly fishing classes; kayaking classes 4/21/2022 8:43 PM 143 No 4/21/2022 6:19 PM 144 Step aerobics 4/21/2022 4:56 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 26 / 61 145 middle school programming 4/21/2022 4:00 PM 146 social dance classes, dance workout classes 4/21/2022 3:41 PM 147 More classes at better times for the working class. An 11AM class won't work if I'm at my job from 8-5. 4/21/2022 3:24 PM 148 Pickleball clinics/lessons 4/21/2022 7:31 AM 149 More classes (like les mills) and more times offered, like 2x power day 4/20/2022 6:54 PM 150 Pilates. You can charge extra for reformer/chair classes 4/20/2022 5:19 PM 151 no 4/20/2022 2:37 PM 152 No 4/20/2022 11:19 AM 153 No 4/20/2022 10:39 AM 154 Childcare is very important. And a variety of classes outside the hours of 8am-5:30pm so people can go before or after work 4/20/2022 10:22 AM 155 Baseball, Softball 4/20/2022 9:32 AM 156 No 4/20/2022 7:48 AM 157 n/a 4/19/2022 10:10 PM 158 No 4/19/2022 7:49 PM 159 increased number of cardio classes 4/19/2022 6:32 PM 160 Bike rentals 4/19/2022 5:34 PM 161 More Personal training options 4/19/2022 5:18 PM 162 More hiit classes 4/19/2022 4:47 PM 163 no 4/19/2022 4:07 PM 164 No 4/19/2022 12:59 PM 165 No 4/19/2022 3:53 AM 166 1 4/18/2022 2:54 AM 167 No 4/17/2022 3:12 PM 168 more fitness trainers 4/17/2022 1:36 PM 169 No 4/16/2022 3:30 PM 170 Martial arts would be nice. Martial arts for kids would be awesome.4/16/2022 11:31 AM 171 None 4/16/2022 9:58 AM 172 Ski Conditioning Classes for Winter & Pickleball Conditioning Classes for Summer 4/15/2022 4:36 PM 173 learn to swim classes! Mommy and me classes or activities 4/15/2022 2:48 PM 174 No 4/15/2022 12:43 PM 175 Open water swimming 4/15/2022 12:35 PM 176 health and wellness education related to environment 4/15/2022 12:30 PM 177 No 4/15/2022 7:29 AM 178 Adding a roller skating rink.4/15/2022 7:25 AM 179 Women’s group activities 4/15/2022 7:25 AM 180 Anything related to family activities would be a huge boost to attendance for the Rec Center.4/15/2022 2:01 AM 181 Roller derby please 4/12/2022 1:33 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 27 / 61 182 meditation classes 4/12/2022 1:18 PM 183 Beer Mile!4/11/2022 3:22 PM 184 N/A 4/11/2022 10:09 AM 185 increased fitness classes, having additional yoga rooms for individuals (it's awkward doing a yoga flow in the open areas) stretching tools 4/9/2022 8:41 AM 186 No 4/8/2022 7:16 PM 187 More kids swim lessons at earlier hours 4/8/2022 7:03 PM 188 Outdoor fitness boot camp - early mornings (7 or 7:30 am) on a regular schedule during the summer (M/W/F or T/Th) 3/24/2022 8:47 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 28 / 61 Q12 Please rank facility improvements, if any, for the Recreation Department to prioritize (Click arrows and drag up or down to rank) Answered: 324 Skipped: 221 77 7 77 7 77 7 77 7 88 8 66 6 55 5 55 5 66 6 11 1 0 1 2 3 4 5 6 7 8 9 10 Renovated aquatics are... Renovated aquatics are... Expanded facility to... Expanded facility to... Expanded fitness... Indoor pickeball/te... Expanded climbing wall Additional multi-use... I'm satisfied without... Other (please describe below) ATTACHMENT C Avon Recreation Center 2022 Community Survey 29 / 61 22.66% 58 20.31% 52 13.28% 34 8.20% 21 11.33% 29 10.16% 26 6.25% 16 7.81% 20 0.00% 0 0.00% 0 256 17.60% 47 16.85% 45 16.10% 43 14.23% 38 13.11% 35 7.87% 21 8.24% 22 5.99% 16 0.00% 0 0.00% 0 267 11.19% 30 14.55% 39 22.01% 59 18.66% 50 13.43% 36 11.19% 30 4.48% 12 4.48% 12 0.00% 0 0.00% 0 268 13.91% 37 15.79% 42 12.78% 34 18.42% 49 16.17% 43 12.41% 33 6.77% 18 3.76% 10 0.00% 0 0.00% 0 266 30.69% 85 11.55% 32 11.19% 31 8.66% 24 16.61% 46 13.36% 37 5.05% 14 2.89% 8 0.00% 0 0.00% 0 277 9.89% 27 12.09% 33 10.26% 28 11.36% 31 8.42% 23 21.98% 60 15.75% 43 10.26% 28 0.00% 0 0.00% 0 273 6.13% 16 9.20% 24 7.28% 19 6.90% 18 8.05% 21 8.81% 23 31.80% 83 21.84% 57 0.00% 0 0.00% 0 261 4.92% 13 7.20% 19 7.58% 20 10.61% 28 7.20% 19 8.33% 22 14.77% 39 39.02% 103 0.38% 1 0.00% 0 264 50.00% 1 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 50.00% 1 0.00% 0 2 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 100.00% 2 2 1 2 3 4 5 6 7 8 9 10 TOTAL Renovated aquatics area to expand leisure pools Renovated aquatics area to expand lap swimming pool Expanded facility to include a gymnasium Expanded facility to include a walking/running track Expanded fitness area/equipment Indoor pickeball/tennis courts Expanded climbing wall Additional multi-use studios I'm satisfied without facility improvements Other (please describe below) ATTACHMENT C Avon Recreation Center 2022 Community Survey 30 / 61 Q13 Are there any other facility improvements you would suggest? Answered: 194 Skipped: 351 #RESPONSES DATE 1 Make pool area roof retractable and pool windows open to let fresh air and sun in on beautiful mtn days 5/13/2022 11:03 PM 2 USA Swimming sanctioned regulation pool for the swim program and swim meets. There is no such facility in our whole County. Avon has a huge opportunity. 5/13/2022 3:55 PM 3 No 5/13/2022 3:37 PM 4 No 5/13/2022 1:57 PM 5 NA 5/13/2022 12:03 PM 6 Racquet sports; squash and racquetball 5/13/2022 8:28 AM 7 No 5/13/2022 6:26 AM 8 hot tub fix please 5/13/2022 3:00 AM 9 More racks and places to powerlift 5/12/2022 8:48 AM 10 Having more equipment and space for the weight room would be really nice 5/11/2022 6:37 PM 11 no 5/11/2022 5:43 PM 12 No 5/11/2022 5:34 PM 13 Pilates 5/11/2022 5:30 PM 14 No 5/11/2022 4:56 PM 15 Climbing program!5/11/2022 3:14 PM 16 nope 5/11/2022 12:35 PM 17 Keeping what we have on working order. Jacuzzi jets haven't worked in a while. Diviving board still broken. 5/11/2022 11:54 AM 18 No 5/11/2022 11:10 AM 19 no 5/11/2022 10:51 AM 20 None 5/11/2022 10:46 AM 21 no 5/11/2022 9:28 AM 22 outdoor pool !!!5/11/2022 9:22 AM 23 no 5/11/2022 6:04 AM 24 No we thought it was great the way it was. However a running g track would be useful when it is icy MD maybe seniors would use it for walking during the winter months. 5/11/2022 4:47 AM 25 No 5/10/2022 11:51 PM 26 Outdoor pool for summer 5/10/2022 11:43 PM 27 Your pool is lovely, and I would love to have the jets working in the hot tub again.5/10/2022 10:43 PM 28 To create in some way some mini pool for babies and little kids 5/10/2022 9:44 PM 29 You have good ideas 5/10/2022 9:37 PM 30 None 5/10/2022 7:30 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 31 / 61 31 No 5/10/2022 7:05 PM 32 None 5/10/2022 6:35 PM 33 Jacobs ladder, ice plunge tub, tennis lessons, indoor golf area 5/10/2022 6:30 PM 34 These are all great suggestions!5/10/2022 6:06 PM 35 No 5/10/2022 5:43 PM 36 No 5/10/2022 5:41 PM 37 Larger fitness studio with adequate sound system and fans for airflow.5/10/2022 5:19 PM 38 I find the water features to be overly loud when the pool does not have a lot of people in it.5/10/2022 4:52 PM 39 Expand weight room 5/10/2022 4:50 PM 40 Add prone leg curl 5/10/2022 4:48 PM 41 n/a 5/10/2022 4:36 PM 42 More room to lift weights, its packed in there!5/10/2022 3:48 PM 43 No 5/10/2022 3:38 PM 44 No 5/10/2022 3:30 PM 45 No 5/10/2022 3:29 PM 46 Saturday swimming 5/10/2022 2:56 PM 47 no 5/10/2022 2:56 PM 48 Basketball court that can be multipurpose with upper track area 5/10/2022 2:39 PM 49 More toys, games, fun things for small kids. Parents like fun things too!5/10/2022 2:38 PM 50 locker room showers are pretty basic 5/10/2022 2:23 PM 51 No 5/10/2022 2:15 PM 52 No thanks.5/10/2022 1:41 PM 53 Get the jacuzzi jets working again. Big loss not having them.5/10/2022 1:20 PM 54 A new hot tub as I said above.5/10/2022 1:09 PM 55 No 5/10/2022 12:58 PM 56 No 5/10/2022 12:46 PM 57 No 5/10/2022 12:42 PM 58 No 5/10/2022 12:23 PM 59 I dislike how flooded the women's locker room gets.5/10/2022 12:19 PM 60 No 5/10/2022 12:17 PM 61 Some of the equipment needs repair or upgrade 5/10/2022 12:15 PM 62 Outdoor pickleball courts 5/10/2022 12:05 PM 63 More fitness classes 5/10/2022 12:01 PM 64 Turf/functional/dynamic workout section 5/10/2022 12:00 PM 65 Women's only weight training area 5/10/2022 11:55 AM 66 Expanded area for group fitness classes, such as cardio kickboxing or circuit training 5/10/2022 11:54 AM 67 No 5/10/2022 11:52 AM 68 None 5/10/2022 11:38 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 32 / 61 69 Put a bar in.5/10/2022 11:38 AM 70 no 5/10/2022 11:35 AM 71 No 5/10/2022 11:33 AM 72 racket ball courts 5/10/2022 11:30 AM 73 Isn’t this in edwards at the field house? Don’t reinvent Avon tec, just make the edwards facility better. 5/10/2022 11:22 AM 74 no 5/10/2022 11:12 AM 75 Womens only sauna / steam rooms 5/10/2022 11:10 AM 76 NA 5/10/2022 11:10 AM 77 N/A 5/10/2022 11:04 AM 78 No 5/10/2022 11:00 AM 79 nope 5/10/2022 10:54 AM 80 turf field 5/10/2022 10:51 AM 81 Splash Pad Near Recreation Center for Kids 5/10/2022 10:50 AM 82 N/A 5/10/2022 10:47 AM 83 No 5/10/2022 10:46 AM 84 We absolutely need a regulation sized lap pool so we can host swim meets and serve the demands on the current pool. Also indoor Tennis- there are only 2 indoor courts in Eagle county and they are in a huge demand. 5/10/2022 10:45 AM 85 No 5/10/2022 10:44 AM 86 None 5/10/2022 10:43 AM 87 None 5/10/2022 10:40 AM 88 More weights, benches, squat racks, etc 5/10/2022 10:40 AM 89 No 5/10/2022 10:38 AM 90 More indoor class spaces 5/10/2022 10:35 AM 91 the hot tub.5/10/2022 10:35 AM 92 not really.5/10/2022 10:32 AM 93 no 5/10/2022 10:30 AM 94 Fans in fitness studio and working speakers 5/10/2022 10:27 AM 95 upgrade some of the fitness equipment/machines 5/10/2022 10:25 AM 96 Fix broken equipment on a timely basis. Recumbent bike broken ALL winter.5/10/2022 10:24 AM 97 no 5/10/2022 10:23 AM 98 none 5/10/2022 10:23 AM 99 Hot tub jets !5/10/2022 10:22 AM 100 Gymnasium and walking/running track would be huge 5/10/2022 10:21 AM 101 squash racquetball puckleball courts 5/10/2022 10:12 AM 102 I love the climbing wall idea!! This would be a huge draw for people in the Valley who don’t want to make the hour roundtrip drive to Eagle from Avon 5/10/2022 10:09 AM 103 N/a 5/10/2022 10:08 AM 104 Some additional outdoor space 5/10/2022 10:04 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 33 / 61 105 No 5/10/2022 10:02 AM 106 No 5/10/2022 10:01 AM 107 Na 5/10/2022 10:00 AM 108 no 5/10/2022 9:57 AM 109 More fans over treadmills 5/10/2022 9:51 AM 110 Child care- bring it back and add education programs COME ON PEOPLE 5/10/2022 9:42 AM 111 NA 5/10/2022 9:41 AM 112 We're good.5/10/2022 9:40 AM 113 No 5/10/2022 9:38 AM 114 bigger lap pool with more lanes/competition pool 5/10/2022 9:33 AM 115 keeping the facility clean 5/10/2022 9:32 AM 116 No 5/10/2022 9:30 AM 117 Not at this time 5/9/2022 8:37 PM 118 more benches in the movement/free weight area 5/9/2022 2:19 PM 119 New floor in locker room is very slippery, might need improvement 4/30/2022 1:20 PM 120 No 4/29/2022 1:49 PM 121 no 4/28/2022 1:25 PM 122 None 4/27/2022 12:28 PM 123 outdoor pool.4/27/2022 10:46 AM 124 cafeteria 4/26/2022 12:05 PM 125 Pilates 4/25/2022 7:21 AM 126 no 4/24/2022 11:32 AM 127 25 yard competition pool,4/24/2022 10:48 AM 128 Bring back ice skating, it's been a hard miss for a few years 4/23/2022 8:29 PM 129 The fitness center could really use a HIP THRUST MACHINE or a GLUTE DRIVE MACHINE.4/23/2022 6:46 PM 130 n/a 4/23/2022 4:22 PM 131 Just more weight training equipment 4/23/2022 10:50 AM 132 Na 4/23/2022 10:10 AM 133 Indoor gym with good lighting 4/23/2022 8:46 AM 134 Demolish and rebuild 4/23/2022 8:43 AM 135 More space for stretching and weight lifting. Better strength train equipment.4/23/2022 6:39 AM 136 No 4/23/2022 5:46 AM 137 No 4/22/2022 8:32 PM 138 No 4/22/2022 7:40 PM 139 Tumbling area with trampolines 4/22/2022 7:27 PM 140 No 4/22/2022 6:49 PM 141 We need a larger lap pool since the swim club has grown, the ability to find an open lane in the morning and evenings is increasingly difficult 4/22/2022 6:43 PM 142 No 4/22/2022 1:17 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 34 / 61 143 Hair dryers in locker rooms, lotions available to give it more of a spa feel 4/22/2022 10:05 AM 144 Flat track for roller derby!4/22/2022 6:26 AM 145 The exterior landscaping needs to be touched up yearly. It has been neglected for several years. 4/21/2022 9:59 PM 146 Indoor pickleball 4/21/2022 9:09 PM 147 - get a jacob's ladder for the fitness area; indoor golf simulator with golf lessons 4/21/2022 8:43 PM 148 None 4/21/2022 8:25 PM 149 No 4/21/2022 6:19 PM 150 no 4/21/2022 4:56 PM 151 A lot of what you're suggesting exists down the road at mountain rec. I suggest not duplicating what they're doing now or in the future and focus on what you offer that makes your facility so awesome (POOLS) 4/21/2022 4:00 PM 152 place to sit out in sun near the pool 4/21/2022 3:41 PM 153 Water feature outdoors. Bigger pool, basketball courts.4/21/2022 3:39 PM 154 No 4/21/2022 3:24 PM 155 Renovate sauna and steam room. Only about 1/3 of the heating elements work in the dry sauna 4/20/2022 6:54 PM 156 no 4/20/2022 2:37 PM 157 Equipment maintenance - the spin bikes in particular (Stages and Les Mills) are hit or miss, with only a couple actually showing metrics, which is super disappointing. 4/20/2022 2:26 PM 158 An actual regulation size lap pool to be used by swim team 4/20/2022 2:09 PM 159 not 2 leg press 4/20/2022 11:34 AM 160 No 4/20/2022 11:19 AM 161 No 4/20/2022 10:39 AM 162 Frankly, all of these are #1 4/20/2022 10:22 AM 163 Pool tends to be overly crowded 4/20/2022 9:32 AM 164 n/a 4/19/2022 10:10 PM 165 No 4/19/2022 7:49 PM 166 depends on cost 4/19/2022 6:32 PM 167 Not more building expansions 4/19/2022 5:18 PM 168 Depends on cost 4/19/2022 4:47 PM 169 no 4/19/2022 4:07 PM 170 Include an indoor running/walking track. While I was in college my University had expanded so much and the gym was one of the most used facilities and became overcrowded. The University had an entire area dedicated to weight lifting (2 floors), the indoor track was all upstairs and would go from the weight lifting area to antoher part of the building where the upper half was all cardio and crossfit style equipment while the bottom portion was a basketball gym. The track would continue to another building that had to be built and was connected by a bridge for the running track; the other building had an large climbing wall as well as another gym that was used mainly for indoor soccer/leagues. I dont know if this would be possible for the Town to do and how much time/money it would take however I can see this investment being a big thing for the Rec Center as well as the Town of Avon. It would increase the amount of members who would sign up for memberships as well as hopefully alleviate overcrowding/misuse/clean up of equipment. 4/19/2022 12:59 PM 171 n/a 4/19/2022 12:53 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 35 / 61 172 No 4/19/2022 3:53 AM 173 1 4/18/2022 2:54 AM 174 No 4/17/2022 3:12 PM 175 I would be nice if the gym area moved into all the cardio area, and all the cardio area into the free weight area 4/17/2022 1:36 PM 176 No 4/16/2022 3:30 PM 177 no 4/16/2022 11:31 AM 178 No 4/16/2022 9:58 AM 179 Larger area for eating & socializing. A place to hangout & meet friends 4/15/2022 4:36 PM 180 Two leg extension machines. Hamstring curl machine where you lay on your stomach. The current machine is terrible. Another bench or two in weight room so girls stop using back row bench for an hour to build their glutes. 4/15/2022 3:00 PM 181 the leg curl and leg extension machines are SO popular. We could really benefit from one more of each 4/15/2022 2:48 PM 182 Roller rink 4/15/2022 7:29 AM 183 Adding a roller rink and increase pay for the employees they work hard.4/15/2022 7:25 AM 184 Better cleaning crew 4/15/2022 7:25 AM 185 A pool area designed to accommodate new mothers who may be self-conscious about their bodies would be a great addition to the pool area. A screen option to provide privacy would be essential. 4/15/2022 2:01 AM 186 Standing Calf raise please 4/13/2022 8:14 PM 187 indoor winter skate place for wheel sports like roller skating and skate boarding 4/12/2022 2:36 PM 188 Sport court multi use area for indoor sports 4/12/2022 1:41 PM 189 Add an indoor roller skating rink 4/12/2022 1:33 PM 190 A second hot tub would be great, the one at the Rec is usually very crowded. Also pool space just for swim lessons about 2-3 ft deep. I'd also love to see a new waterslide. 4/12/2022 1:18 PM 191 N9 4/11/2022 1:06 PM 192 N/A 4/11/2022 10:09 AM 193 cross fit style workout area or warehouse gym style area with a turf for sled pulling and sprints 4/9/2022 8:41 AM 194 Please add fans to yoga studio room, buy a loud speaker or fix sound system 4/8/2022 7:16 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 36 / 61 24.93%89 4.76%17 3.08%11 1.40%5 65.83%235 Q14 How often do you use the outdoor Fitness Court in Harry A. Nottingham Park? Answered: 357 Skipped: 188 TOTAL 357 24.93%24.93% 24.93% 4.76%4.76% 4.76% 3.08%3.08% 3.08% 1.40%1.40% 1.40% 65.83%65.83% 65.83% 0%10%20%30%40%50%60%70%80%90%100% 1-10 days per year 1-4 days per month 2-4 days per week 5-7 days per week I don't use the outdoor... ANSWER CHOICES RESPONSES 1-10 days per year 1-4 days per month 2-4 days per week 5-7 days per week I don't use the outdoor Fitness Court ATTACHMENT C Avon Recreation Center 2022 Community Survey 37 / 61 13.65%49 21.17%76 40.39%145 13.93%50 10.86%39 Q15 The Town of Avon is considering removing the outdoor Fitness Court and repurposing the existing area for a larger group picnic shelter. Do you agree with this repurposed use? Answered: 359 Skipped: 186 TOTAL 359 13.65%13.65% 13.65% 21.17%21.17% 21.17% 40.39%40.39% 40.39% 13.93%13.93% 13.93% 10.86%10.86% 10.86% 0%10%20%30%40%50%60%70%80%90%100% Strongly agree Agree Neutral Disagree Strongly disagree ANSWER CHOICES RESPONSES Strongly agree Agree Neutral Disagree Strongly disagree ATTACHMENT C Avon Recreation Center 2022 Community Survey 38 / 61 Q16 Additional Comments Answered: 128 Skipped: 417 #RESPONSES DATE 1 Expand Rec, make Pool indoor outdoor with retractable roof and outdoor Areas 5/13/2022 11:03 PM 2 I am a major advocate for increasing the size of the lap pool so it is an officially sized USA Swimming pool and sanctioned for competitive swim meets. 5/13/2022 3:55 PM 3 None 5/13/2022 3:37 PM 4 none 5/13/2022 1:57 PM 5 The fitness court is awesome, but there’s always kids using it as a playground. Police it better and I would use it more. 5/13/2022 1:16 PM 6 Plenty of other room for a picnic area. Put family beach to the north of the stage and picnic area there? 5/13/2022 12:54 PM 7 THAT GYM IS GREAT. PLEASE KEEP IT!5/13/2022 12:03 PM 8 Please make an effort to keep the facility clean especially the steam room and showers. In todays COVID world it is not acceptable to have mold and mildew, hair and dirt in these areas I strongly suggest you hire day time housekeepers in addition to a cleaning crew at night. Cleanliness needs to be the #1 priority of the Avon Rec Center. 5/13/2022 8:28 AM 9 No 5/13/2022 6:26 AM 10 none 5/11/2022 5:34 PM 11 Plenty of other picinic areas 5/11/2022 5:30 PM 12 No 5/11/2022 4:56 PM 13 Good luck!5/11/2022 12:35 PM 14 There is plenty of space for addition without taking outdoor fitness facility out 5/11/2022 11:54 AM 15 Please fix the sound system downstairs and put in fans and turn off the heat 5/11/2022 11:10 AM 16 None 5/11/2022 10:51 AM 17 None 5/11/2022 10:46 AM 18 NA 5/11/2022 9:28 AM 19 no 5/11/2022 6:04 AM 20 We did not use the outdoor fitness court but the improvement would be useful to hold camps/activiites/parties and for use by the general public...If there are not any leagues using the courts 5/11/2022 4:47 AM 21 No 5/10/2022 11:51 PM 22 None 5/10/2022 11:43 PM 23 The picnic area & beach are extremely popular. This is seasonal but really fulfills a demand for our community 5/10/2022 9:37 PM 24 None 5/10/2022 7:30 PM 25 None 5/10/2022 7:05 PM 26 None 5/10/2022 6:35 PM 27 Would like to have the winter ice rink back. The lake is unreliable for be able to support skating in the winter. 5/10/2022 6:30 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 39 / 61 28 Outdoor fitness area is great in the summer maybe host programming there before removing - if you don’t already. In the winter time could maybe be a snowboard and ski maintenance are? 5/10/2022 6:06 PM 29 No 5/10/2022 5:41 PM 30 The outdoor area is poorly thought out. It is too hot/sunny/windy/formal. Working out should be a little more fluid. That area is impossible to “hang”‘out in, so it is awkward to be in it working out. 5/10/2022 4:52 PM 31 Na 5/10/2022 4:48 PM 32 n/a 5/10/2022 4:36 PM 33 Also, I don't know what the rules are, but there shouldn't be any one working out under 18 in the fitness area....and I know there are lots. They congregate and wrongly use the equipment. If they are in school sports, I would think the school would have something for them that is supervised. Thanks! 5/10/2022 3:48 PM 34 No 5/10/2022 3:38 PM 35 No 5/10/2022 3:29 PM 36 Re-open Saturday A.M. swimming 5/10/2022 2:56 PM 37 no 5/10/2022 2:56 PM 38 NA 5/10/2022 2:39 PM 39 None 5/10/2022 2:15 PM 40 Very much enjoyed using this facility.5/10/2022 2:08 PM 41 None 5/10/2022 1:41 PM 42 The outdoor fitness center is unique and a nice offering.5/10/2022 1:23 PM 43 Get a new hot tub.5/10/2022 1:09 PM 44 Need more machines!!5/10/2022 12:58 PM 45 Na 5/10/2022 12:46 PM 46 It is brand new. Moving it so soon would either be an embarrassing lack of foresight or a complete waste of money. 5/10/2022 11:49 AM 47 None 5/10/2022 11:38 AM 48 No 5/10/2022 11:33 AM 49 I live in Gypsum but we would like to use the Avon Rec center in addition to our membership at the Gypsum Rec Center. A membership should allow access to all Mountain Recreation Gyms. 5/10/2022 11:10 AM 50 N/A 5/10/2022 11:04 AM 51 Pickle ball would be awesome to have. It's a growing sport and it would be great not to have to go to Vail or EagleVail to play. 5/10/2022 10:54 AM 52 nope 5/10/2022 10:51 AM 53 Expand Group Shelter, Add More Family Programming. Upgrade Kids Park - Again -Splash Pad! 5/10/2022 10:50 AM 54 The use of the lap pool is overextended. The community desperately needs more facilities for swimming (not playing, real swimming). 5/10/2022 10:45 AM 55 None 5/10/2022 10:38 AM 56 none 5/10/2022 10:30 AM 57 none 5/10/2022 10:25 AM 58 More outdoor things for sure 5/10/2022 10:22 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 40 / 61 59 no 5/10/2022 10:12 AM 60 A lot of my neighbors utilize the outdoor gym equipment at Nottingham and love that it is accessible and free to everyone. Even in the height of summer season, I never notice a shortage of seating areas at the park. The outdoor gym equipment makes Avon and Nottingham Park a special place for everyone. 5/10/2022 10:09 AM 61 possibly develop pickleball courts there 5/10/2022 10:05 AM 62 No 5/10/2022 10:02 AM 63 Na 5/10/2022 10:01 AM 64 Na 5/10/2022 10:00 AM 65 Great Rec Center 5/10/2022 9:51 AM 66 Who thought that was a good idea? This is what happens when you chase money instead of following mission 5/10/2022 9:42 AM 67 NA 5/10/2022 9:41 AM 68 Just add cleaning staff during the evening 5/10/2022 9:38 AM 69 No 5/10/2022 9:30 AM 70 I was unable to use the app on Android, will try again with iPhone 5/9/2022 8:37 PM 71 Leave the fitness court, lots of people are using it 4/30/2022 1:20 PM 72 Think a larger picnic shelter would be great but not at cost of removing the fitness court.4/29/2022 3:51 PM 73 No 4/29/2022 1:49 PM 74 pool 4/26/2022 12:05 PM 75 i know people love pickle ball 4/25/2022 8:20 AM 76 Is this the one next to Avon Elementary?4/25/2022 7:21 AM 77 Move fitness area to North parcel near new bathroom. Put in sunny spot to melt snow.4/24/2022 8:36 AM 78 Thank you for all you do.4/23/2022 4:22 PM 79 I did not even know there was an outdoor fitness court. Maybe something people that use the center should have been made aware of so it would be used more. 4/23/2022 11:45 AM 80 I spend 6 months of the year in Avon, 6 months in Plano, TX. I swim 5days/week and consider it essential for my personal health. Our lap pool and rec center in Plano (Muehlenbeck Center) is 8 lanes, brightly lit, extremely clean and a reasonable cool (but not cold) temperature for lap swimming. I feel the Avon center could up its game for the residents. There are many swimmers and triathletes in the area and it could be improved greatly. 4/23/2022 10:36 AM 81 It doesn’t get much use 4/23/2022 10:10 AM 82 Where is the outdoor fitness court?4/23/2022 8:46 AM 83 Only remove half the courts and keep 1 Basket Ball Court and 1 Tennis court. Make the rest grass, trees and picnic shelter- closest to old baseball field area. 4/23/2022 8:43 AM 84 None 4/23/2022 5:46 AM 85 No 4/22/2022 8:32 PM 86 None 4/22/2022 7:40 PM 87 Roller skating facility 4/22/2022 6:49 PM 88 I didn't know there was an outdoor fitness court 4/22/2022 7:35 AM 89 The outdoor fitness area was just put in, why would they now decide to take it out - that would be another waste of town money to redo something they recently put in. 4/21/2022 8:43 PM 90 The rec center provides a great setting, especially considering the location and the size of the 4/21/2022 8:25 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 41 / 61 population. It’s hard to make suggestions for improvement, when I’m completely satisfied. Possibly expand the weights and fitness area? Fantastic staff also! 91 I can't thank you enough for all you do to make a beautiful place even better with fitness opportunities. I have no complaints:) Avon feels like home 4/21/2022 4:56 PM 92 I hope you get grills out there.4/21/2022 4:00 PM 93 Put a Gaga court or a splash pad there instead.4/21/2022 3:39 PM 94 Right now we need healthy facilities for our community, not another way for the town to suck money from locals and tourists...but mainly locals. 4/21/2022 3:24 PM 95 Picnic tables near pickleball courts 4/21/2022 7:31 AM 96 Cleaner floors in the locker rooms and the hallway outside of them and revamp sauna and steam rooms 4/20/2022 6:54 PM 97 could the equipment be relocated to Battle Mountain for student athlete use?4/20/2022 2:37 PM 98 not 2 leg press 4/20/2022 11:34 AM 99 Wish that due diligence of its necessity was done prior to the installation expense 4/20/2022 10:39 AM 100 Avon is serving not just the Town of Avon but Vail, Avon, Eagle-Vail, Edwards. The rec center has the ability to become a multi functional center for all types of exercising. Taking over the old fire house to add addtional weights/ cardio or classes would be a great use of that building. 4/20/2022 10:22 AM 101 Avon Rec Rocks! Thank you!4/20/2022 9:32 AM 102 I love that benefit to living in Avon. Every time I go, the courts are being used by locals and visitors. The park already has plenty of picnic space which already invites people who trash the area. 4/20/2022 7:48 AM 103 No 4/19/2022 7:49 PM 104 what is current usage 4/19/2022 6:32 PM 105 Outdoor activities- A multi-purpose gym would be awesome 4/19/2022 5:34 PM 106 Cleaning, cleaning, cleaning 4/19/2022 5:18 PM 107 How much use does it get? How do you monitor usage? Was this a waste of $$$$? If so how do you avoid making the same mistake going forward? 4/19/2022 4:47 PM 108 no 4/19/2022 4:07 PM 109 I have heard from other members who use the outdoor beach area/park that they are always looking for a quick place to buy water, chips, ice cream, candy bars, etc. I remember growing up in Avon and the old cabin having small snacks/refreshments for sale. I wonder if this would be a benefit for the Town of Avon to have a small shop set up to sell some snacks/refreshments etc. 4/19/2022 12:59 PM 110 People rarely use the court 4/19/2022 12:53 PM 111 The Rec Center is doing well. No need for any big changes.4/19/2022 3:53 AM 112 No 4/17/2022 3:12 PM 113 TOA Rec is amazing. Thanks for reaching out for feedback.4/16/2022 11:31 AM 114 It’s nice to have the option to workout outside, especially if a Covid-like event occurs again.4/15/2022 4:36 PM 115 The Rec Center is awesome! I would love to see some health & wellness related programs that make connections to the environment and climate change. 4/15/2022 12:30 PM 116 Roller rink and increase pay for town employees 4/15/2022 7:25 AM 117 Please add roller-rink for town 4/15/2022 7:25 AM 118 I agree with the removal of the outdoor fitness court, but I believe that parcel of land could be expanded to make either a covered dog park (covered would make it very handy during winter months), or a solitary fenced in pickleball court. 4/15/2022 2:01 AM ATTACHMENT C Avon Recreation Center 2022 Community Survey 42 / 61 119 I only recently discovered the outdoor fitness court and have wanted to try it 4/14/2022 9:37 AM 120 Calf please 4/13/2022 8:14 PM 121 Roller skating 4/12/2022 1:33 PM 122 Indoor space for roller derby would be pretty awesome as there are currently no indoor facilities in Eagle County that can host roller skating in the winter. 4/12/2022 1:18 PM 123 No 4/11/2022 1:06 PM 124 N/A 4/11/2022 10:09 AM 125 Please buy AC fans!!! For yoga/oula room. It gets so hot in there. Desperately need fans 4/8/2022 7:16 PM 126 test 3/12/2022 8:50 PM 127 fgsdgsdgsd 3/11/2022 10:10 AM 128 Test 3/10/2022 3:13 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 43 / 61 100.00%14 0.00%0 Q17 Residencia Answered: 14 Skipped: 531 TOTAL 14 100.00%100.00% 100.00% 0%10%20%30%40%50%60%70%80%90%100% Residentes del Condado de... No residentes ANSWER CHOICES RESPONSES Residentes del Condado de Eagle No residentes ATTACHMENT C Avon Recreation Center 2022 Community Survey 44 / 61 0.00%0 35.71%5 42.86%6 21.43%3 0.00%0 0.00%0 0.00%0 Q18 Edads Answered: 14 Skipped: 531 TOTAL 14 35.71%35.71% 35.71% 42.86%42.86% 42.86% 21.43%21.43% 21.43% 0%10%20%30%40%50%60%70%80%90%100% 13-17 18-29 30-39 40-39 50-59 60-69 70+ ANSWER CHOICES RESPONSES 13-17 18-29 30-39 40-39 50-59 60-69 70+ ATTACHMENT C Avon Recreation Center 2022 Community Survey 45 / 61 15.38%2 23.08%3 23.08%3 38.46%5 0.00%0 Q19 ¿Con que frecuencia usa los servicios del centro Recreativo de Avon? Answered: 13 Skipped: 532 TOTAL 13 15.38%15.38% 15.38% 23.08%23.08% 23.08% 23.08%23.08% 23.08% 38.46%38.46% 38.46% 0%10%20%30%40%50%60%70%80%90%100% 1-10 días al año 1-4 días al mes 2-4 días por semana 5-7 días por semana No uso los servicios de... ANSWER CHOICES RESPONSES 1-10 días al año 1-4 días al mes 2-4 días por semana 5-7 días por semana No uso los servicios del Centro Recreativo ATTACHMENT C Avon Recreation Center 2022 Community Survey 46 / 61 69.23%9 46.15%6 15.38%2 61.54%8 53.85%7 23.08%3 38.46%5 61.54%8 0.00%0 Q20 ¿Qué áreas usted usa más frecuente? (Marque todo lo que aplique) Answered: 13 Skipped: 532 Total Respondents: 13 #OTRA REPUESTA (EXPLIQUE SU REPUESTA)DATE There are no responses. 69.23%69.23% 69.23% 46.15%46.15% 46.15% 15.38%15.38% 15.38% 61.54%61.54% 61.54% 53.85%53.85% 53.85% 23.08%23.08% 23.08% 38.46%38.46% 38.46% 61.54%61.54% 61.54% 0%10%20%30%40%50%60%70%80%90%100% Zona de ejercicio Duchas/Vestuari os Estudios de yoga/spin Piscina de relajamiento Piscina de entrenamiento Bañera hidromasaje Cuarto de vapor Sauna Otra repuesta (explique su... ANSWER CHOICES RESPONSES Zona de ejercicio Duchas/Vestuarios Estudios de yoga/spin Piscina de relajamiento Piscina de entrenamiento Bañera hidromasaje Cuarto de vapor Sauna Otra repuesta (explique su repuesta) ATTACHMENT C Avon Recreation Center 2022 Community Survey 47 / 61 0.00%0 7.69%1 53.85%7 0.00%0 15.38%2 15.38%2 7.69%1 0.00%0 Q21 Como usa la instalación? Answered: 13 Skipped: 532 TOTAL 13 7.69%7.69% 7.69% 53.85%53.85% 53.85% 15.38%15.38% 15.38% 15.38%15.38% 15.38% 7.69%7.69% 7.69% 0%10%20%30%40%50%60%70%80%90%100% Membrecía de 12-meses Membrecía de 6-meses Membrecía mensual Membrecía de temporada Tarjeta perforada Cuota de admisión diaria Membrecía de empleado No uso las instalaciones ANSWER CHOICES RESPONSES Membrecía de 12-meses Membrecía de 6-meses Membrecía mensual Membrecía de temporada Tarjeta perforada Cuota de admisión diaria Membrecía de empleado No uso las instalaciones ATTACHMENT C Avon Recreation Center 2022 Community Survey 48 / 61 Q22 Por favor, califique la limpieza del Centro Recreativo de Avon Answered: 12 Skipped: 533 16.67%16.67% 16.67% 8.33%8.33% 8.33% 16.67%16.67% 16.67% 60.00%60.00% 60.00% 41.67%41.67% 41.67% 71.43%71.43% 71.43% 50.00%50.00% 50.00% 63.64%63.64% 63.64% 40.00%40.00% 40.00% 25.00%25.00% 25.00% 28.57%28.57% 28.57% 41.67%41.67% 41.67% 36.36%36.36% 36.36% Area de ejercicio Baños/Vestuario s Estudios yoga/spin Piscina de relajamiento Piscina de entrenamiento ATTACHMENT C Avon Recreation Center 2022 Community Survey 49 / 61 20.00%20.00% 20.00% 9.09%9.09% 9.09% 9.09%9.09% 9.09% 27.27%27.27% 27.27% 9.09%9.09% 9.09% 8.33%8.33% 8.33% 50.00%50.00% 50.00% 27.27%27.27% 27.27% 36.36%36.36% 36.36% 50.00%50.00% 50.00% 30.00%30.00% 30.00% 36.36%36.36% 36.36% 45.45%45.45% 45.45% 41.67%41.67% 41.67% 0%10%20%30%40%50%60%70%80%90%100% Exelente Aceptable Justa Pobre Bañera hidromasaje Cuarto de vapor Sauna Entrada del edificio/áre... ATTACHMENT C Avon Recreation Center 2022 Community Survey 50 / 61 40.00% 4 60.00% 6 0.00% 0 0.00% 0 10 1.60 25.00% 3 41.67% 5 16.67% 2 16.67% 2 12 2.25 28.57% 2 71.43% 5 0.00% 0 0.00% 0 7 1.71 41.67% 5 50.00% 6 0.00% 0 8.33% 1 12 1.75 36.36% 4 63.64% 7 0.00% 0 0.00% 0 11 1.64 30.00% 3 50.00% 5 0.00% 0 20.00% 2 10 2.10 36.36% 4 27.27% 3 27.27% 3 9.09% 1 11 2.09 45.45% 5 36.36% 4 9.09% 1 9.09% 1 11 1.82 41.67% 5 50.00% 6 8.33% 1 0.00% 0 12 1.67 EXELENTE ACEPTABLE JUSTA POBRE TOTAL WEIGHTED AVERAGE Area de ejercicio Baños/Vestuarios Estudios yoga/spin Piscina de relajamiento Piscina de entrenamiento Bañera hidromasaje Cuarto de vapor Sauna Entrada del edificio/área de recepción/área comunitaria ATTACHMENT C Avon Recreation Center 2022 Community Survey 51 / 61 Q23 Clasifique por rango un progreso operativo, si tiene, para que el Departamento de Recreación lo pueda priorizar. (Haga clic en las flechas y arrastre hacia arriba o hacia abajo para clasificar) Answered: 12 Skipped: 533 54.55% 6 18.18% 2 18.18% 2 0.00% 0 9.09% 1 0.00% 0 11 5.09 10.00% 1 10.00% 1 30.00% 3 30.00% 3 10.00% 1 10.00% 1 10 3.50 0.00% 0 16.67% 2 16.67% 2 16.67% 2 41.67% 5 8.33% 1 12 2.92 33.33% 4 25.00% 3 8.33% 1 33.33% 4 0.00% 0 0.00% 0 12 4.58 0.00% 0 16.67% 2 16.67% 2 16.67% 2 25.00% 3 25.00% 3 12 2.75 0.00% 0 16.67% 2 8.33% 1 8.33% 1 16.67% 2 50.00% 6 12 2.25 55 5 44 4 33 3 55 5 33 3 22 2 0 1 2 3 4 5 6 7 8 9 10 Horario de atención... Proceso de registro/reg... Aumento de mercadería a... Descuentos para los... Servicios adicionales ... Adición de la posición de... 1 2 3 4 5 6 TOTAL SCORE Horario de atención extendido Proceso de registro/registro de entrada Aumento de mercadería a la venta en la recepción Descuentos para los residentes del condado Servicios adicionales de ducha/vestuarios Adición de la posición de asistente de acondicionamiento físico para montorear y mantener las áreas de acondicionamiento físico ATTACHMENT C Avon Recreation Center 2022 Community Survey 52 / 61 Q24 Habrá mejores maneras operativas que usted sugeriría? Answered: 8 Skipped: 537 #RESPONSES DATE 1 Tener más equipos en funcionamiento y un poco más limpio, ya que casi todas las maquinas están fuera de servicio 5/11/2022 6:27 AM 2 Descuento para los que vivimos en el condado 5/10/2022 9:57 PM 3 Que haiga mas aparatos para hacer ejercicios de pierna y varias maquinas 5/10/2022 9:21 PM 4 Reparar las maquinas averiadas más rápido, normalmente hay varias maquinas fuera de servicio y toman demasiado tiempo en ser reparadas 5/10/2022 12:21 PM 5 Abrir antes y cerrar después 5/10/2022 11:39 AM 6 No 5/10/2022 9:51 AM 7 Mayor limpieza 4/21/2022 11:07 PM 8 Pienso q deberia crecer es decir Mas grande se necesita Mas maquina, Mas espacio caso siempre las maquonas estan ocupada o malogradas, quizas deberia abrir las 24 horas tambien Como emdorphin en eagle. 4/21/2022 4:14 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 53 / 61 Q25 Clasifique por rango las oportunidades de planteamiento, si las hay, para que el Departamento de Recreación las pueda priorizar. (Haga clic en las flechas y arrastre hacia arriba o hacia abajo para clasificar) Answered: 11 Skipped: 534 1111 11 99 9 88 8 88 8 88 8 66 6 66 6 55 5 33 3 22 2 22 2 0 2 4 6 8 10 12 14 16 18 20 Aumentar variedad de... Clases de nutrición y/... Evaluaciones individuales... Programas/event os al aire... Clases y/o equipo de... Programas ampliados de... Ligas/torneos deportivos... Programación para jóvenes Programación para adultos Programación familiar Alquiler de instalacione... ATTACHMENT C Avon Recreation Center 2022 Community Survey 54 / 61 81.82% 9 9.09% 1 9.09% 1 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0. 0.00% 0 63.64% 7 0.00% 0 18.18% 2 0.00% 0 9.09% 1 0.00% 0 9.09% 1 0.00% 0 0.00% 0 0. 10.00% 1 0.00% 0 40.00% 4 10.00% 1 20.00% 2 10.00% 1 0.00% 0 0.00% 0 0.00% 0 10.00% 1 0. 0.00% 0 0.00% 0 27.27% 3 54.55% 6 0.00% 0 9.09% 1 0.00% 0 0.00% 0 9.09% 1 0.00% 0 0. 9.09% 1 18.18% 2 9.09% 1 0.00% 0 45.45% 5 18.18% 2 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0. 0.00% 0 10.00% 1 10.00% 1 10.00% 1 10.00% 1 10.00% 1 40.00% 4 10.00% 1 0.00% 0 0.00% 0 0. 0.00% 0 0.00% 0 11.11% 1 0.00% 0 22.22% 2 44.44% 4 22.22% 2 0.00% 0 0.00% 0 0.00% 0 0. 0.00% 0 0.00% 0 0.00% 0 9.09% 1 0.00% 0 0.00% 0 36.36% 4 54.55% 6 0.00% 0 0.00% 0 0. 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 20.00% 2 80.00% 8 0.00% 0 0. 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 10.00% 1 0.00% 0 80.00% 8 10. 0.00% 0 0.00% 0 0.00% 0 0.00% 0 10.00% 1 0.00% 0 0.00% 0 0.00% 0 0.00% 0 10.00% 1 80. 1 2 3 4 5 6 7 8 9 10 11 Aumentar variedad de clases para actividad física Clases de nutrición y/o bienestar Evaluaciones individuales de condición física Programas/eventos al aire libre Clases y/o equipo de boxeo/artes marciales Programas ampliados de cuidado de niños Ligas/torneos deportivos adultos Programación para jóvenes Programación para adultos Programación familiar Alquiler de instalaciones/fiestas ATTACHMENT C Avon Recreation Center 2022 Community Survey 55 / 61 Q26 Hay otras oportunidades de planteamiento que usted sugeriría? Answered: 6 Skipped: 539 #RESPONSES DATE 1 Glde 5/11/2022 6:27 AM 2 Poddle bord clases 5/10/2022 9:57 PM 3 Que ampliaran mas el gym 5/10/2022 9:21 PM 4 No 5/10/2022 9:51 AM 5 No 4/21/2022 11:07 PM 6 Separar las areas, Mas areas de pesas, de maquinas y los espacios de Las classes adicionales Mas grandes 4/21/2022 4:14 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 56 / 61 Q27 Clasifique por rango el progreso de las instalaciones, si las hay, para que el Departamento de Recreación lo pueda priorizar. (Haga clic en las flechas y arrastre hacia arriba o hacia abajo para clasificar) Answered: 12 Skipped: 533 66 6 66 6 55 5 55 5 55 5 33 3 33 3 22 2 0 1 2 3 4 5 6 7 8 9 10 Renovar la zona acuátic... Renovar área acuática par... Ampliar las instalacione... Instalación ampliada par... Extender el área de... Área interior de... Expandir muro de escalada Estudios adicionales ... ATTACHMENT C Avon Recreation Center 2022 Community Survey 57 / 61 36.36% 4 27.27% 3 9.09% 1 9.09% 1 9.09% 1 0.00% 0 0.00% 0 9.09% 1 11 6.27 25.00% 3 33.33% 4 16.67% 2 0.00% 0 0.00% 0 8.33% 1 8.33% 1 8.33% 1 12 5.83 18.18% 2 18.18% 2 27.27% 3 0.00% 0 0.00% 0 18.18% 2 9.09% 1 9.09% 1 11 5.18 0.00% 0 0.00% 0 20.00% 2 40.00% 4 40.00% 4 0.00% 0 0.00% 0 0.00% 0 10 4.80 10.00% 1 10.00% 1 10.00% 1 20.00% 2 40.00% 4 10.00% 1 0.00% 0 0.00% 0 10 5.00 0.00% 0 0.00% 0 0.00% 0 10.00% 1 0.00% 0 50.00% 5 40.00% 4 0.00% 0 10 2.80 0.00% 0 0.00% 0 10.00% 1 10.00% 1 0.00% 0 10.00% 1 40.00% 4 30.00% 3 10 2.50 0.00% 0 0.00% 0 0.00% 0 18.18% 2 18.18% 2 9.09% 1 0.00% 0 54.55% 6 11 2.45 1 2 3 4 5 6 7 8 TOTAL SCORE Renovar la zona acuática para ampliar las piscinas de relajación Renovar área acuática para ampliar la piscina de entrenamiento Ampliar las instalaciones para incluir un gimnasio Instalación ampliada para incluir una pista para caminar/correr Extender el área de ejercicio/equipo Área interior de pickeball/campos de tenis Expandir muro de escalada Estudios adicionales de usos múltiples ATTACHMENT C Avon Recreation Center 2022 Community Survey 58 / 61 Q28 Habrá algún mejoramiento en las instalaciones que le sugeriría ver? Answered: 5 Skipped: 540 #RESPONSES DATE 1 Clases ya incluidos en la membresía 5/11/2022 6:27 AM 2 Mas espacio en las albercas para aprender a nadar 5/10/2022 9:21 PM 3 en los ultimos anos-meses, no se ha podido disfrutar de las instalaciones, porque unas estan en renovacion, cambio, etc. lo que hay no esta siendo de servicio, prefiero seguir con lo que hay pero limpio y comodo a pasar por mas renovaciones/adiciones. 5/10/2022 10:27 AM 4 Alberca afuera conectada con las de adentro 4/21/2022 11:07 PM 5 Si, q lo amplien, yo estan pensando q un dia Avon rec sea un edificio y en cada piso pueda haver cada diciplina. 4/21/2022 4:14 PM ATTACHMENT C Avon Recreation Center 2022 Community Survey 59 / 61 25.00%3 8.33%1 16.67%2 16.67%2 33.33%4 Q29 ¿Con qué frecuencia usa la pista de Ejercicios en el Parque Harry A. Nottingham de Avon? Answered: 12 Skipped: 533 TOTAL 12 25.00%25.00% 25.00% 8.33%8.33% 8.33% 16.67%16.67% 16.67% 16.67%16.67% 16.67% 33.33%33.33% 33.33% 0%10%20%30%40%50%60%70%80%90%100% 1-10 días al año 1-4 días al mes 2-4 días por semana 5-7 días por semana No uso la pista de... ANSWER CHOICES RESPONSES 1-10 días al año 1-4 días al mes 2-4 días por semana 5-7 días por semana No uso la pista de ejercicios ATTACHMENT C Avon Recreation Center 2022 Community Survey 60 / 61 41.67%5 8.33%1 8.33%1 8.33%1 33.33%4 Q30 El pueblo de Avon está considerando eliminar la cancha de ejercicios al aire libre y reutilizar el área existente para un refugio de picnic para grupos más grandes. ¿Estás de acuerdo con este uso reutilizable? Answered: 12 Skipped: 533 TOTAL 12 41.67%41.67% 41.67% 8.33%8.33% 8.33% 8.33%8.33% 8.33% 8.33%8.33% 8.33% 33.33%33.33% 33.33% 0%10%20%30%40%50%60%70%80%90%100% Totalmente de acuerdo Aceptar Neutral Discrepar Muy en desacuerdo ANSWER CHOICES RESPONSES Totalmente de acuerdo Aceptar Neutral Discrepar Muy en desacuerdo ATTACHMENT C Avon Recreation Center 2022 Community Survey 61 / 61 Q31 Comentarios adicionales Answered: 6 Skipped: 539 #RESPONSES DATE 1 Estaría genial 5/11/2022 6:27 AM 2 Que tengas mas areas para diversion familiar 5/10/2022 9:21 PM 3 esto es lo que no me gusta se hacen cosas, que nadie termina usando y después, se cambia, son costos $$$$ que no debieran de estar pasando. 5/10/2022 10:27 AM 4 No porque se presta para beber alcohol y fumar marihuana 4/21/2022 11:07 PM 5 Pienso q Esa pista es Mas usada en verano 4/21/2022 4:14 PM 6 Please add roller rink 4/15/2022 7:26 AM ATTACHMENT C AVON COMMUNITY SURVEY RESULTS – PARKS & RECREATION Describe how you use the Avon Recreation Center. • I do not use the Avon Recreation Center: 40.2% • I purchase day passes to the Avon Recreation Center: 11.5% • I have a punch card for the Avon Recreation Center: 35.3% • I have a monthly membership to the Avon Recreation Center: 12.9% Describe why you do not use the Avon Recreation Center. • I use another recreational facility (35.3%) • I don’t like to exercise indoors (29.7%) • Other (22.6%) • The admission fee is too expensive (14.2%) • The facilities or programs I desire are not offered (8%) Describe how often you use the Avon Recreation Center. • 1 – 10 days per year: 48.4% • 1 – 4 days per month: 24.3% • 2 – 4 days per week: 20.4% • 5 – 7 days per week: 6.9% Which areas or programs do you use at the Avon Recreation Center? • Fitness Area (58.2%) • Leisure Pools and Jacuzzi (47.6%) • Shower/Locker Rooms (44.7%) • Lap Pool (38.7%) • Fitness Classes (26%) • Steam Room (22.2%) • Sauna (18.6%) Please check the top five improvements, if any, you desire for the Avon Recreation Center. • Indoor Pickleball/Tennis (22.9%) • I’m satisfied without improvements (19.7%) • Expanded Hours (18.7%) • More Fitness Classes (18.6%) • Full-Size Climbing Wall (17.3%) ATTACHMENT D Please provide any comments, suggestions or questions regarding the Avon Recreation Center. (text response) How often do you visit Harry A. Nottingham Park? Rate your satisfaction with Harry A. Nottingham Park in the following areas: • Overall Park Experience: 85.5% Often or Sometimes Satisfied; 5.6% Often or Sometimes Dissatisfied • Lake & Beach: 76.6% Often or Sometimes Satisfied; 7.8% Often or Sometimes Dissatisfied • Park Restrooms: 45.3% Often or Sometimes Satisfied; 17.8% Often or Sometimes Dissatisfied • Park Picnic Areas: 61% Often or Sometimes Satisfied; 8.2% Often or Sometimes Dissatisfied • Park Playground: 53.1% Often or Sometimes Satisfied; 2.9% Often or Sometimes Dissatisfied Describe the recreational activities you enjoy in Harry A. Nottingham Park. • Walking (84.5%) • Sitting/Relaxing in the Park (not @ Beach) 52.7% • Stand Up Paddleboarding 46.7% • Sitting/Relaxing at Beach 44.5% • Biking 39.3% ATTACHMENT D Describe how you feel the capacity of the lake and beach were last summer (2020). ATTACHMENT D Indicate which statement best describes your opinion on portable toilets in Harry A. Nottingham Park. ATTACHMENT D Indicate which statement best describes your opinion on open container and public consumption in Harry A. Nottingham Park. Indicate the top five improvements or facilities, if any, you desire in Harry A. Nottingham Park. • Full-service restrooms in Nottingham Park North to serve the beach area (52.3%) • Improved parking and pedestrian safety on West Beaver Creek Blvd (49.7%) • More food and beverage opportunities in the park during the summer (46.8%) • Additional restrooms in Nottingham Park East to serve Special Events (26.7%) • Expanded beach area (24.9%) Please provide any comments, suggestions or questions regarding Harry A. Nottingham Park. (text response) Please provide any comments, suggestions or questions regarding Pocket Parks in Avon. (text response) ATTACHMENT D How often do you visit the West Avon Preserve? How do you use the West Avon Preserve? • Hiking: 58.4% • Biking: 57.7% • Dog Walking: 38.7% ATTACHMENT D Question 49 - Please provide any comments, suggestions or questions regarding the Avon Recreation Center Summary: The Town of Avon received 211 responses to Question 49. Locker rooms need improvement. Our youth need fitness and recreational activities. Indoor volleyball and basketball would be amazing as WECMRD already has soccer and a climbing wall. Although I do not play Pickleball, it has become extremely popular. Providing indoor courts would contribute the the vibrancy of the Town. Rec Center staff is amazing Weekend hours should be same as weekday hours so workers can get in their early morning workouts before work or skiing. 10am is too late in the morning to open up a gym. Keep the equipment check out program for day use. Provide bikes for day use Discounts for Eagle County Schools teachers and non-profit workers would be so appreciated! Equipment is lacking. More weight machines & variety needed. Indoor track needed. Pikcleball would be a nice addition Ice rinks are great! Larger yoga studio, add climbing wall(indoor &/out), more info about private weight/cross training classes They do a great job! Seasonal visitors might enjoy temporary memberships. More classes held outdoors would be nice Would be nice if there were doors to the outside from the pool such as garage doors to allow indoor outdoor ventilation. Offer options for people who work in Avon to get the same cost as those who live here. I spend 40+ hrs a week in Avon and my son goes to school here but we are not 'locals' so we don't get the same discounts. I'd join if we did. We need for separate for local and visitors. Especially winter time. So many visitors. I don't mind Eagle county residents. But people who are coming from other place. Would you make more different charges for visitors? We love the Avon Rec Center and are so glad they were able to stay open. When we get swim reservations our kids are THRILLED. Thank you! Avon's Rec Center is great for kids. As an adult I especially enjoy the yoga classes in the park. Staff is competent and helpful. Avon has an incredibly talented swim team that barely gets recognition and has a pool that is too small for competitions. A larger competition pool could host events that could be a draw for visitors. ATTACHMENT D I would workout here more often if the gym had better equipment and maybe an attendant working to limit some of the ridiculous behavior of the people working out there. I go to the Minturn Fitness Center instead. My sons adore the swim team. They'd love to be able to have home meets. Since COVID-19, I have not used the rec center. Outdoor pickleball courts are in need of replacement. Embarrassing to the town. we need more gym locations, and more affordable rates. life is so expensive out here After Covid is over, continue to be able to reserve lap pool lanes in advance. A remodel was postponed due to covid... Keeping the facility clean is necessary throughout the day as well as deep cleaning. Weight room is small and overcrowded, which is why we left. Estaría estupendo la idea de poder hacer una pequeña red de voleibol para niños ya que las que están son para adultos y no hay manera q los pequeños participen It could use more advertising. None Add outdoor aquatic. Either install operable roll up doors for warm and sunny days or add an outdoor pool & hot tub. Glad it exists was a monthly member before Covid, looking forward to returning full time soon Overall the Rec Center is awesome! Yulia at the Avon Rec center is great. Really friendly and helpful. Free fitness classes to monthly paying members Expand the hours plesseeee I'm glad it will open to full capacity soon. As a tennis player, I SO appreciate that the Avon courts are, as far as I know, the only free courts in east Eagle county. I don't know about Eagle or Gypsum, but the outdoor courts in Vail, Eagle Vail, Beaver Creek and Edwards all charge for access. I would not play during the summer if I didn't have access to a free court. THANK YOU! I'd love to see indoor courts in Avon during winter also, which I would of course pay for since I can't play outside. I enjoyed the tennis clinics offered at Avon Elementary in summer of 2019, but more people would need to participate. I answered these question with my pre-covid use. During the covid year I really only used the rec center a few times. However, I will go back to using it again now. They did an excellent job during covid. I personally just didn't feel comfortable using the space. I have not used the rec center since last March when the pandemic took over. Still a little nervous about interacting with general public due to Covid I have not been to the rec center since Covid. I am looking forward to going back. I plan on going back more frequently based on adult options that get added back in. Create more jobs, open earlier and close later please Update locker rooms ASAP! It would be so nice to have any of the mommy/daddy and me programs available later so that parents who work can also experience them. As a mother, it always bums me out that I can't take my daughter to those classes because I'm working. Love the Avon Rec Center! I wish it were open more hours, and there was greater availability of lap pool lanes and better weight room equipment. That said - for a community our size - the Avon Rec Center is a real prize and the workers there are always super friendly! The Rec Center is a key feature of the Avon community. ATTACHMENT D no comments The staff is fantastic and the programs are already great, but never hurts to keep on adding new programs and a full size gym could help with even more community engagement with team sports etc The staff is very friendly and I find that the fitness center is clean It would be amazing to have indoor tennis somewhere you don't have to have an expensive membership Lower monthly cost for those using weight room access only. I do not use classes or programs (lifeguards or instructors) however pay the full monthly cost just to use the weight room even with the Avon resident pricing. It is a great facility I spotted sing it during at the beginning of Covid, it felt dirty Before COVID hit, I went to the Taiji class twice a week. Have not been back since. Will try some adult fitness classes later in the summer. More water features could help with traffic levels and tourism. Seniors could use more classes for mobility as well as social interaction. Additional fitness classes (I'm interested in yoga) outside of 9-5 for working residents The rec center is a wonderful community amenity. I just happen to exercise outdoors, not indoors. But the facility is awesome and from what I can tell, it is managed very well. I do enjoy the outdoor yoga classes that are offered through the rec center. Any expansion efforts would be beneficial to the community, I think. I don’t use it but it looks nice enough. The gym should be open later close the pool n other services when ever but the Gym/workout portion should definitely have extended hours how is a restaurant worker that goes in at 7/8 am and isn’t done until 8/9 supposed to ever use the facility? Exercise especially at night after work is probably the best way to de stress - also extended hours will make it so the place isn’t so crowded I do t use the Rec center New treadmills Better tv access in gym need more benches for the weight room. half were moved to the secondary weight/fitness room and there are not enough benches during busy times. Mike and the team at the Front Desk are very friendly. Great job Pls add racquetball We love having the pool for our 3 year old Do not use the recreation center. The changing tents to stay permanently. Easier to change than going inside the lockers. Love it ! I am a member at the Westin and am very satisfied with the services offered there. I receive a corporate rate through my business. need more teacher friendly times for zumba-like 4:45 NA I love the rec center and do not use it as much as I would like. We need indoor tennis and pickle ball badly in Eagle County! The only indoor courts are at a private club that does not welcome outsiders!. We love swimming as a family during winter! Racquetball would be awesome ATTACHMENT D Make info about it available for free at the library, post office, groceries and other businesses in Avon. Most fitness classes that I am interested in seem to be offered during the work day, which makes it hard to participate. The pool area/locker rooms could use a little updating. Otherwise it is great! I would also love to see more children's programs such as swim lessons. They are incredibly busy and fill quickly from my experience. Would love an adult soccer league in town I love the price and convenience. Full size climbing wall would be so amazing, then I would stop driving to eagle to climb Frequently the rec center parking is used for events in the park, (eg recent lacrosse tournament,) or as skier parking. This makes it crowded and potentially dangerous for use of regular rec center patrons. Due to over crowding in the parking lot from the lacrosse tournament, I was unable to leave my parking spot. I had to leave my vehicle where it was parked because I could not back out and had no way of contacting the car with TX plates that was blocking my vehicle's exit. The following day, I saw a police officer waiting for the owner of a vehicle into which another driver had backed. The vehicle which had been backed into, also had an extended bike rack attached to the rear of the vehicle which extended the length of the vehicle beyond the parking space allotted by several feet. These types of bike racks should not be allowed in the Avon Rec Center lot. Haven't used it since before the pandemic so can't really comment. Basketball. staff is great! When my children were little, the childcare services were vital to my ability to squeeze in time for working out and to connect with other parents - in short, to my well-being and mental health. Its unfortunate that parents no longer have that opportunity. A return of the Tai Chi and Saturday yoga at the Lake Multi level Tai Chi for Seniors ! add lockers in mens locker room there is great un-met need for indoor racket (tennis/pickleball) courts for locals and visitors. It’s great but expensive for a taxpayer funded facility. Where I grew up larger Rex centers with more options are less than half the price. The pool area is in significant need of updates. Youth Program i.e Schools out and After school programs are pricey for single parents. We onkybuse rec center for swim team since we live down valley It is so underused. We need programs and activities. And stop charging for every event. Why charge for open water swims in Nottingham lake?? Lockers rooms are often dirty. And a more pleasant fun recreation attitude. Encourage and entice Avon residents to participate! Cost for non-resident should be much higher than true Avon residents. They need to have a high school swim team To give a discount/locals price to the people who live in Eagle-Vail. Earlier start time for Saturday morning. Would love to see more organized Pickleball by level. more mirrors and barres in the downstairs fitness room Indoor tennis/pickleball would be great! Extended hours will be my top, for pool use and fitness area we work hard and late schedules sometimes I would like just to workout and relax on the pool. We would love an outdoor pool! ATTACHMENT D The Rec was hit hard by Covid. Everything about their day to day changed and they did a great job with the situation they were in. An approved swimming pool for competitions. It’s just fine Lower the lap pool temperature, it’s like a hot tub! They do a great job! Although I work in Avon, I do not live in Avon, therefore do not get any discounts at the rec center. I think this is ridiculous, as they should be for everyone. It is way too expensive to pay the full price! I used to swim four times a week and I rarely go there now. They should do like what Virginia does with colonial Williamsburg. All the residents get passes, knowing that when people come visit, they will all go and the visitors will pay. Residents shouldn’t have to pay… Especially the gross cost of the passes. None A high use facility The key asset is staff quality The overdevelopment of the area has caused it to become overcrowded. More infant classes I haven't actually used the Avon Rec center but I will be. I gave answers based on my projected future use. Please open ealrier on Sunday. I’ll join the first 24 hour gym that ever opens in the upper valley over rec center Add outdoor Hot springs-pool areas that uses effluent heat system as part of Fire Station, Old Town hall redevelopment The rec center is an awesome amenity Can you make it more affordable The rec center could use a re-fresh Would love/use/pay for drop-in childcare so Mama can get swoll The bikes for the cycling class are worn out and the device that monitors the rides don't work on most of them. They need to be replaced. Need to stop people from taking over the functional training room by turning on a workout video when a class is not in session. Need to also get rid of volume control within the gym spaces or turn off all background music. Some users turn it up way too loud. I used the Avon rec center when I lived in wild ridge 10 years ago and enjoyed it. Live in eagle now I use the Westin, not the Avon Rec Center even though I have a punch card. The Westin was easier to book during COVID and (in my opinion) has better fitness classes at more convenient times for people working M-F 8-5. Would like to see more Pilates and yoga classes. It’s a great place with friendly staff. Any additional improvements are welcome but for now it works We used it a lot as the kids grew up, now our activities tend to be outdoors..hiking, golf, pickle ball, water skiing etc We do have a punch card on file but haven't used it the past few years. Keep it on file for when guests are in town and would like to swim. Maybe make sure that they actually have their passports visas and paperwork to get in. Holy fuck I need a smoke I better get my I’d card or a beer wtf. Azzholes nazi fuckers get this my mother is German �� Gypsum Rec center fits our family needs better: pool, tumble tots, bball court, and childcare I think the center is right sized . Other than up dating equipment as needed leave it alone ATTACHMENT D Would love more Zumba. The rec center improvements have been on the town improvement plans for years - I feel it's long over due to prioritize rec center expansion! As long as it is kept clean I don’t believe you need to do any improvements at this time Really wish for an outdoor pool (like Mountain Rec in Eagle). Health Cafe should be leased to Northside or Loaded Joe's and be in the old physical therapy space Earlier opening hours Sunday I love the rec! I would love to see expanded hours since i am a fan of working out late at night. I miss 24-hour gyms back home and we don't have one here in the valley. I would also love to see more basic fitness classes at later hours. I rarely used the classes because they didn't work well with my 9-5 schedule and were often odd fitness styles. It would be great to get some basic classes that focus on parts of the body (abs, legs, cardio, etc) and do them at hours like 6p, 7p, 8p, etc rather than during the day. Especially if they were consecutive so it would make sense to go to the same class every day 5-days a week at the same hour and have the workout change every day to focus on a different area. We could also use more strength machines. These are always taken up and there is only one of each. I feel like avon tripled it's cardio which is now overly available and vacant but when it comes to other machines you're often waiting. When one breaks, there is no alternative (if you're not using free weights). I could see educational programs being very helpful too! Classes on eating right to meet your fitness goals, classes on how to use reps/sets or how to build a workout routine to meet your goals, even recovery and how protein shakes and pre-workout work. Many people just come to the gym and run on the treadmill because they have no idea what they're doing and don't know how to meet their goals outside of the gym either. The bouldering wall, while an awesome idea and addition, is never used! I personally love climbing but even i don't use it. It's awkwardly in the lobby so it feels like you're putting on a show and there are no routes marked or reasons to use it. A full-sized climbing wall would be awesome, especially if someone kept up with it and actually placed routes. Climbing in the heart of the valley is very limited right now and you have to drive out to Eagle for it. Consider placing one on the outside of the building maybe? Chicago Athletic Clubs did this really well at one of their locations. A note about the outoor fitness court....it's great but it has become a playground. So many times i come to the park and kids are just hanging out in there, swinging on the equipt, etc. It makes me not want to use it and i'm sure the wear and tear is going to get bad quickly. There needs to be a way to police that so it's for fitness only. Finally, a towel service would be nice. It's the one thing i often forget and it's also the thing that takes up the most space in my gym bag. It would be a convenience. The new summer mural will look awful in the winter. Would be great if there was an outdoor pool and tennis facilities. I like it when I go but I prefer being outdoors for recreation, personally. Jewel of city Expanded hours. N/A ATTACHMENT D I pay way more to go to the Westin ONLY because of the Pelaton Treadmill. If Avon had a Pelaton Treadmill I would go there. none It's ok Not enough parking because everyone is at the park! Not using the recreation center!! Outdoor pool please Does not apply to me The Avon swim club takes over all of the lanes during peak times then bombard the hottub. Incorporate a racquet ball court in future addition project Long-term capital improvements and additional facilities should be on the agenda for any future plans. Adding sports facilities (ice rink, US swimming-sanctioned competition pool, courts, etc.) could bring athletic events to Avon in addition to the open-lake events at Nottingham Lake. Win-win. An expansion would be wonderful. It NEEDS a full size competition pool. Fighting for lane space is becoming a hassle. Like to see Sunday hours come back; interior needs refreshing but not sure about need for expansion. I'd love to have the rec center open on Sunday mornings Past user and was satisfied More recumbent bikes for seniors I havent been back to the Rec Center since the pandemic. More fitness classes!!!!! More variety and more times What improvements? he locker rooms are disgusting and never clean. Need an adult only locker room. Not a very welcoming place? And so underutilized. Needs programing and events. Bring it back to life! cost for true full time residents should be much less than what non-resident pay. Indoor tennis sounds like a great idea since we only have one in the area Tai Chi, Yoga at times other than the middle of the day I think it needs some fresh leadership Indoor tennis would be fantastic. Also, I think the hours need to be extended on both ends (open earlier, close later). No comments Pilates studio with instruction, outdoor activites of group bike rides or hikes. Would be great if they had a collection of equipment that could be checked out for use (e.g. paddle boards, kayaks, canoes, mountain bikes, tents/camping equipment). I forgot that I had a punch card that I purchased pre-covid and went a couple of times. It seems like a great facility - but I am not ready to go back. We are so thankful for the pool during the pandemic! It was so good for our kids! I like the idea of an expanded climbing wall and childcare options like they had back in the day. I haven't used the rec center much due to COVID None fitness classes on tv are not appealing, why would I leave home? More separation of adults and children would be nice, with a multi-lane salt water lap pool separate of the children's area. make all passes cheaper for avon residents after all we paid for it to be built I think the rec center was a great addition to our town. i often notice that parking for the lake seems to take up parking for the center. ATTACHMENT D The women's locker room could use an upgrade (tile, showers, lockers) teen strengthening program The mural outside is fantastic, such a great move to make the building attractive Wish someone had thought of that 20 years ago, well done Outdoor pickleball courts Basically [was] a resistance/weight trainer Improve locker shower rooms Indoor tennis court is much needed We love it! Gym cleanliness always substandard pre pandemic. I am a long time resident and patron of Avon Rec Center. Spin bikes need to be replaced and not stored in weather conditions. Technology as advances and as a loyal patron speaking for other patrons please place spin bikes on capital improvement list.. I believe the two doors by the pool should be torn out and huge roller garage style doors to provide transition from indoor and outdoor in the summertime During Covid I couldn’t use the pool at all so I joined the Westin. I miss Tyler and the staff at the Rec center but will not return due to the entitled people that pushed me out of the Rec center. The staff is wonderful It’s getting old more yoga options If the pool can be expanded, I would suggest. It is such a great amenity and sets us apart as an upvalley community rec center with an indoor pool. We need new spin bikes. The current ones are close to 10 years old and many are broken. Hoping more fitness classes can be added over time. I would be open to any improvements that gym can make even if I don't personally use them. A full size climbing wall would be great. My kids used the youth programs for many school breaks and summers. Always improving those is important. The hot tub is never hot enough - I work with hot tubs - standard temp should be 104 degrees. My family only uses the rec center for the pool right now but if there was a gym, track, climbing wall we would use it more often Basketball court, and make free please I occasionally use the Rec Center with my TOA pass, I would support a mult-purpose gym/indoor track. it is a great amenity Please lower the price of resident membership. would be great to have the diving pool separated from the lap pool so it could be warmer for water aerobics-too cold to get in there in the shoulder and winter months-which we have more of-and divers won't care if it's a bit warmer-in fact, probably no one would make the lazy river deeper so can be used for partial non weight bearing exercise-we have a lot of folks recovering from surgery up here who would appreciate that Providing child care would 100% make me want to go there Facilidad para los residentes obtener membresia más barata todo el año I hardly used it this year because of the reservation system and needing to pick an activity. In the past I used it a lot because I would go do a workout, take a shower, go to the hot tub, and then take another shower. This year it was like you had to pick an activity and time slot so I just gave up. I assume it is back to normal now. A climbing wall would be awesome. An ATTACHMENT D elevated running track around the pool area would be nice in the winter, although the treadmills are probably fine. No additional comments. I prefer to exercise outdoors or at home. Lower rate for residents of Avon. I don’t use it. Clubs for young adults/young professionals to meet new people like hiking or biking clubs It would be nice if there was a way to have an outdoor pool, whether year round or not to compete with the Westin memberships and add value to the Rec Center. More lap lanes Because we don't use the Rec Center, I'm not comfortable giving any suggestions for improvements. Wish you can bring back the black and white changing tent from covid time. Super convenient. Maybe bring one on each side of the pool? Would love to see continued improvements to the local rec center. My kids love the pool but often it is so crowded! See earlier comment. Rec Ctr pool & locker rooms are BOTH dated, often dirty and too small for the number of patrons who use them. Rec center staff is the best! We enjoy the range of classes! I don't use the Avon Rec Center and am comfortable with the services it provides. ATTACHMENT D Question 54 - Please provide any comments, suggestions or questions regarding Harry A. Nottingham Park Summary: The Town of Avon received 246 responses to Question 54. Common themes were: • More public restrooms • Skate park • Lack of parking/restrictions on street parking Create a maximum number of people on the lake, charge tourists to use it. Often smells of sewage on the south side path by the treatment center. I assume that smell will disappear when construction ends. If not any further investment in the park is a waste, no one wants to hang out in poo scented air. Bathrooms are a must near the beach area. I also think expanding the beach and adding concession options would be great for the space and community. A skatepark somewhere in Avon would be a huge addition! I think the Beach has been a huge success. It could be expanded to accommodate more people. There needs to be more parking in that area and I am all FOR PARKING ON WEST BEAVER CREEK BLVD. It is an extremely short season and, in the absence of a larger parking lot, parking should be allowed on the street. I have dropped kids off on the street there and also parked on the street. Put in a painted cross walk and a sign that says "Stop for Pedestrians". NO PARKING ON WEST BEAVER CREEK BLVD. I do not use it but am glad it is there. Great amenity- use frequently in the summer to swim and relax. Limit number of events that restrict usage I strongly believe open container should be allowed in Nottingham. move the boat rental to the south side, actively discourage the geese, bathrooms are a must, put on more low key events. Please consider bringing back the disc golf course. If the holes were slightly adjusted, the homeowners/pedestrians wouldn't get frustrated and it would help spread people out around the entire park. Allow for a bar or something fun. Open container was great! Unfortunately, after a few negative experiences at Nottingham this past summer, we chose not to use the beach/park areas. Foul language, inappropriate behavior, lack of clothing & overcrowded. We have enjoyed the new park, paddle boarding & peace/quiet while relaxing during the week at the Nottingham area in the past. I hope to return to that in the future. Thank you We love it! No Porta Potties please! Need to build real ones. ATTACHMENT D I thought the ice skating was great to bring back but the lighting needs to be worked on as it was left on overnight sometimes and it was aimed directly at my house lighting it up like a fishbowl. Also, couldn’t see the fireworks in beaver creek as usual since it polluted our dark night sky with light The boats should be moved to where the docks are & dog on leash policy strictly enforced Continuing the open container or in designated areas would be nice or within reasonable hours (not too late). I enjoyed spending time after work with friends and kids and had a glass of wine which was great. Never experienced people abusing it. We love Nottingham but the parking and the bathrooms need improvements due to the increased attendance. Please don't just remove the parking on West Beaver Creek Blvd without another alternative (and no, parking at the rec center is NOT sufficient because there is no enough of it). Super crowded this summer with unsupervised preteen and teen kids. Hopefully, that will decrease now that the pandemic is coming to an end. The youth and the young at heart deserve a well designed concrete skate park in Nottingham park. beautiful gardens would be a very welcome upgrade, too! Great park, beautiful area. Worried how I will paddle board there as parking along street has been taken away. I think there are a lot of opportunities for outdoor dining whether it be food trucks or local restaurants having "pop up" venues near the stage. Take up the tree branches 10 feet off the ground around the north side of the lake/beach area to limit public urination and nudity. It is ashame the public cannot act appropriately when using a public park. Move the cargo box...it is an eyesore. We brought the property for the view of the lake and for the last several years, all we look at is the cargo container. Camflouging the cargo box is not a solution either. Ugly. I want to look at the lake not a box. Why is the vendor valued over the taxpaying homeowners? How much money does the town get to keep from the vendor's business. Conflict of interest? Move the box!!!! Lindsay gets it! I do not think last year's summer usage was an anomaly. Each year, the usage of the park has increased. It is great to see people using the park, but what are the costs vs. benefit. Control the public Marijuana use in the park. Bigger issue than open containers. more portable bathrooms if anything. handicap size so people are able to change clothes It’s completely lame to give out tickets for letting your dog swim. Make more reasonable dog hours off leash. Would like to see more benches around the park I would like to see the stage used more Beer garden! More summer music Dogs and lease laws need to be monitored. The police could do this from bicycles. add more parking options or move some of the activities away from the north side of the park since you took away street parking. Parking on the north side of the lake for beach users. The current proposal does not seem to be thought out and pushing the users to the south lot will just make it harder for locals to be able to utilize the lake as these seems to be where most of us parked. Best part of living in Avon. Water park on east part more volley ball courts Mejor el estacionamiento para visitantes ATTACHMENT D It would be nice to have a Farmer's Market of our own. It would be nice to have a fenced in dog park with a water area for the dogs to play in similar to Fort Collins Horsetooth Reservoir park. Absolutely expand the beach & lake. The best thing is Colorado stand up paddle board company at the beach. Allow food carts near the parking, bring back north parking area, expand on actual beach and more sand volleyball Control animals at West end living in tunnels they are spreading rapidly & causing erosion I think it’s great as is. The restroom near the playground should be enough. Perhaps people just don’t know it’s there? So add signage? Perhaps build one near where the construction is on those buildings now on the north side of Nottingham lake where the swing is and where the other port-o-potty used to be. Add a wave pool in the center of the lake please. https://www.youtube.com/watch?v=3eCmfaxIjjc A great experience! Bathrooms I loved the disc golf but understand they needed to go for safety. I would have tried to put them in the Wildridge open space if possible. More parking! Great park overall More recycling containers I think the concert syage is being underutalized. I love seeing all the activity at the park. Seeing everyone enjoying the park. Parking/access is an issue. But without putting a large parking area, give us back the parking on the road. You made the park great, don't restrict us when we want to use it. It seems like all the park money gets spent here, instead of the pocket parks It was great to be able to enjoy a cocktail at the park last summer, as well as help local businesses by permitting to-go alcoholic beverages not just at the park, but along the art walk and pathways (i.e. between Bob's and the park). Have not been to the park in since pandemic It's great to have the lake open to various uses, but those uses should be in designated areas, with other shoreline space dedicated to habitat. Need more parking Keep the rif raf out Open container Parking along road isn't dangerous more year round semi-permanent food trucks like Rocky taco. Bathrooms!!!!!!!!!!!!!! And a bigger sand beach Another swing! (The adult kind) Everyone loves them I wish there were a way to provide more regular swimming opportunities in the lake, for triathletes. There is a need to have an off leash dog area throughout the day ( not just before 9am) The open container change was welcomed and helps get more local people out using the space. Events in this space should prioritize community engagement more and less strict rules which make it not fun. Support your local valley businesses during events instead of large brand name beers etc Dog waste needs to go to a specified dog waste container. Those mixed garbage containers are disgusting with the smell of feces. It takes 5 minutes to recover from the horrid scent. ATTACHMENT D People need to understand that they cannot take up the whole width of the path. Motorized skateboards, bikes et al should not be allowed. Build a skatepark Parking and getting to the beach is a problem. The concerts are a nightmare. The music can be heard for miles away, ruining the limited summer nights we have. I can't imagine that businesses feel they add to their revenues. Please consider an actual solution to allow people to park and enjoy the beach. Considering parking enhancements only to take away what parking there was was confusing and frustrating. This is a gem, one of the best places to gather in eagle county. There is already a parking issue anytime there is an event. A parking shortage strains local businesses and restaurants who then see their parking taken up. Please be thoughtful about an actual solution on W. BC Blvd. A wonderful park....continue to make it even better! Bring back much more parking closer to old boat dock, best place to Launch paddle board!! near construction of old town hall and log cabin, Nottingham has fare more scheduled activities such as lake side concerts but fare reduces parking!!!!!! I suggest boat launch parking even with some type of pass holder from town of avon, two hour parting is not monitored, people use 2 hour parking to come drink all day lake front. far to much intoxication in park. could police please monitor the heavy drinking close to fishing pier?! Expanded time for dog area play time in lake. More parking - the lake of parking is starting to become an issue at Beaver Creek West. Special events held at the park should allow for more parking. The Avon Municipal parking lot should be available for kayak, and SUP drop off at least Why is the municipal building parking lot closed during the summer sunday concert series? You host and encourage us to use the water and 20+ people with watercrafts had to park at the rec center and haul everything to the dock ramp. I use the park/lake multiple times per day. Love it. You could do a better job of landscaping, yard maintenance, etc. The grass is way too dry, straw-like and dying. The biggest improvement you could make is to exterminate and rid the park of all of the damn ground squirrels. They are a menace and they need to be exterminated... not managed, not moved, not mitigated, but killed off by any means necessary. Death to the Richardson squirrels! Parking is terrible and needs serious help! The concerts and events in the park are great but there should be better communication regarding all of the activities. Perhaps a specific calendar or section in the Vail Daily. Great job Pleas allow us to swim freely in the lake. The designated area is not enough. Also please consider an off lease police for dogs that can prove they are well behaved (similar to Boulder’s green tag program) Great Community amenity would like to see live music come back for summer 2021 Keep working on it to always make it better. We often avoid the park knowing how busy it may be More doggie poop bags and cans. We always see dog pools not picked up by owners. I rarely get to enjoy the Nottingham Park or beach because of parking. If there was a bus service to Wildridge I would utilize the facilities. Year round toilets !!!!!!11 Tough call to serve variety of users/age groups and also be an economic driver of larger events. It would be hard to "live," at Redrocks. I realize tourism is the top regional economic driver. Sometimes difficult to balance with quality of life. Sound volume always hard to get ATTACHMENT D right. It is the one item that invades privacy in homes. You can close the curtains, but it doesn't stop the sound. Maybe some "artful," sound / acoustic directing wall structures? Top priority- tennis court and pickle ball resurfacing. At least you could put in new net straps, ball curtains between courts and fill the cracks!!! More bands and general shows. More information about the facilities at the park need to be available at the library, post office, groceries and other businesses in Avon. Keep the casual music and entertainment options coming! Don't overbuild this area. Keep it simple. Make minor infrastructure support changes with restrooms somewhere and safer parking near the beach. Keep it a recreation park not an amusement park. If the town is going to put up no parking signs in West BC Blvd then those rules need to be enforced I love the park but the beach area does get very crowded I don't feel that there should be grills at all, (and smoking should be under advisory of restriction based on safety.) This sends a very mixed message to guests, who sometimes are not local and do not always understand fire restrictions. I have heard of people attempting or requesting to use grills when the county is under Red Flag Warning. Perhaps at the very least we could have signage that explains our drought and fire restrictions and what a Red Flag Warning means. no more parking on west beaver creek blvd please FREE PARKING STREET PARKING A MUST !!! RETURN TO LAST YEARS FORMAT AND EXPAND !! I like Nottingham Park, but the grass is worn out in the high traffic areas. Surprised to see the softball field go away. Restrooms closed early, by the park and our friend’s daughter pooped her pants while standing BG the locked bathroom door. It was sad and very unpleasant. It seemed odd that at 7pm, sun still up and lots of families at the park, that she couldn’t used the restroom. Take steps to ensure park isn't degraded due to overuse, including investments and upgrades in maintenance and bathroom facilities. Do not expand parking - park use is already at capacity. Finish demo of old town hall and expand green space/passive rec/picnic area; build bathrooms and modest facilities to support events. Make better use of log cabin; Create and maintain xeriscape demonstration/education gardens Manage ground squirrel and thistle. Es un lugar super limpio muy cuidado y excelente para caminar y hacer ejercicio.....me encanta! Not a skater, never been a skater. But Nottingham screams for a skate park!!! Beach needs a top off on sand. Getting thin. Some trees along the south path near old fence line. Interfrate city hall site into park for special events. Maybe repurpose soccer field into tiers for events. Concert viewing Bathrooms needed to stop public urination under the trees. Remove the lower branches to stop this behavior. Improvements must continue to be made to keep up with the park's growing popularity. it's great cheaper paddle board rentals To many people smoking. parks need parking and bathrooms! ATTACHMENT D Keep improving the park incrementally. It is Avon's most valuable asset. Bring back the disc golf course. Put in an actual fenced dog area. I’m shocked that there was little or no consideration for required parking. No private developer would be allowed to get away with this. It’s an abuse of power. Needs to be more family friendly in regards to access/parking/facilities/shade Parking near beach for families. It’s not an option to drop kids and park. To haul all the beach gear to the beach when you have babies is close to impossible. It has caused us to hardly use the beach this summer. We have been very disappointed. Parking needs to be addressed, it has been an issue most of the time is full of dog poop, you have to watch where you are stepping or sitting. Is unbelievable in winter. Owners need to pay fines for not pick up after their dogs or for having them without a leash. Overall an excellent space, just overcrowded sometimes. Additional restrooms and trash/recycling would be beneficial. Also, maybe options for area food trucks to set up space during lunch hours. Lack of enforcing dog control is a huge problem. Love that place Nice area We need to have trash patrol earlier in the morning, when I go there around seven 8 AM there’s trash everywhere especially at the volleyball beach area. Need to hire a crew that goes in early in the morning 5 AM and picks up trash Resume parking on west Beavercreek blvd Nottingham Park is my favorite place in the world. The lake, walking path, and stage are my church. It doesn’t have the fun family feel anymore like it used to. Too many groups that just hang out and become bothersome. A great community asset Open swim on more than one evening per week Expand the swimming area. Put some beach on the side by the amphitheater. Have more shade The huge stage is an eyesore and I preferred the park before they built it. It was a big waste of taxpayer money and overpriced. Slow bikes, skateboards,etc down! A child or dog on leash even is going to get hurt by the speed of them flying around the path Love the concerts Prairie dog/ground squirrel eradication Keep on improving and tweaking as you receive feedback. Nice job balancing events and quiet time. This one of Avon's greatest assets. I love the park, but real bathrooms should be the focus first. I haven't lived here long enough to have an informed opinion. Need restrooms but I don't know where it would be best to put them. More gardens Park is one of our most valuable amenities Parking is hard. Carrying a SUP from the post office area is inconvenient. Especially due to the Loss of town hall and West BC Blvd parking at the same time The park is fantastic unless you have to go to the bathroom. And the portable toilets are an eyesore to an otherwise beautiful scene. They need to go. ATTACHMENT D Love this space, just wish it was easier to get to in a parking standpoint More parking!!! The fisherman can get a little testy when a paddle boarder or kayaker gets too close. They need to be able to share the lake calmly as it is a small and very limited space. Love this park, please don't change too much Nottingham Park is the Jewel of Avon. I am always happy to see how heavily it is used by all Avon residences. I think that town sponsored events (concerts) should be more dog friendly. This is among Avon's greatest assets and Nottingham Park is well maintained, offers balanced activities, and is well attended. The new "sand" this year gets much too hot. Kids feet are burning and it is difficult to play volleyball. Bathrooms are VERY much needed. More parking, more bathrooms Love the park!! This is such a wonderful asset to Avon. Bring back disc golf Park is amazing. Could use some specific areas designated for activities and learning. Love the sound stage Read the last comment no bathrooms by the owners homes your a freak fuck your bullshit your worse than nancy polosi Bathrooms near the beach and more parking is needed the most. Needs to stay kid friendly. Too many drunk people and the police officers on duty do not do anything about it. Also, dogs not on leashes. My kid was bit at the park from a dog not being on a leash West Beaver Creek Blvd. is too busy to allow parking for park access! I am VERY pleased the town is no longer allowing people to park on that street. It was unsafe for people to be parking & running across the street to the park. It was also scary driving down W. Beaver Creek Blvd. with people dodging traffic, opening car doors and pulling in and out of traffic. I frequently use the volleyball courts; I would love to see a competitive rec league at the courts eventually! More signage/monitoring jumping from the stage/dock areas into the lake. Lots of teens jumping from the cement pillars on the back of the stage. Just keep what we have now and improve on it!!!! Water more and clean and weed more!!!! Please bring back street parking at the beach! Beach needs real bathrooms. A Tiki Bar would be really fun at the beach. Playground restroom need to be open year round. Add LOTS of permanent restrooms Love the place. Additional trees would be valued. More picnic areas would too. Dogs need to be monitored as they are often not on leashes & not confined to dog areas The parking on Beaver Creek Blvd was just fine and absolutely needed! If it was a danger then signs should have been put up but removing it was a terrible idea. If you put in actual parking spaces...you should try to match the original number and not aim for less spaces. The park needs more parking, especially on the beach side! Carrying a heavy cooler and picnic supplies from the Library to the beach in multiple trips because there is no parking is discouraging to even use the park at that point. Public access to paddle boards and kayaks Dog park! Please put in more new sand, kind of turning into dirt. Allow Dogs in the lake and accommodate more dog friendly policies. Kids love amenity ATTACHMENT D Being back open container please. Please build a skatepark I really enjoyed the open container change. I have yet to see any belligerent behavior. In the past, it seemed like police were overly diligent and it became an annoyance when a bike cop was riding by surveying you every 20 minutes. I think ticketing people after an incident has occurred is a better system than making everyone feel like they are being held under a microscope while they try and relax. I would love to see additional events during the weekends. It seems like most of the free events (movie nights, concerts, etc.) occur during the weekdays. It's splendid Improve pickle ball and tennis courts The stage is an eyesore and a ridiculous waste of money. Easier and more parking options need to be addressed. Utilize the stage. Sometimes it feels like it's just sitting there with no acts. Again the amphitheater is in a bad place, such a waste of money. Never used and blocks the lake view. When it is used the sun is in the eyes of the audience. It should be built facing north or south on that field. Spend it all on this park. It is the best thing we have. parking sucks and super far from the popular beach area. Building more restrooms and creating more parking are the worst ideas. The lake water is already so filthy and the park is already way over crowded on the weekends not allowing locals to enjoy our community in peace. Instead the focus should be on maintaining & preserving the park vs destroying it. Open container is completely unnecessary. There are many people using marijuana and over consuming alcohol In the beach area- additional education and enforcement would be helpful. If it gets overdeveloped, it won't be enjoyable for anyone. Need parking! Allow parking on west beaver creek blvd(except winter for plowing). It was just stupid you took it away. The events are at park, but no one can park to get to them. We need real bathrooms and parking !! No more portable toilets at events. And stop telling everyone to take public transportation to park. It doesn't go to the park? We need parking How abut a very big underground parking venue and auditorium where the old town hall was just knocked down, not just more park. We have a big park that is underused because no one can get there! WE NEED MORE FREE PARKING! AND PARKING NEAR THE BEACH !!!OPEN THE ROAD BACK UP. I do feel we need additional parking for the beach and park in general Tennis, please! Full service restrooms are needed desperately. More parking closer to the volleyball courts I do not like people parking on West Beaver Creek Blvd. It's too dangerous. I'm glad you are not allowing that. People need to find somewhere else to park than West Beaver Creek Blvd. The newly proposed rec area being constructed (old town office) should consider putting as much storage and restrooms below ground to maximize viewing, picnic, and seating that allows for stage viewing as well as viewing and enjoying views of Beaver Creek. I would also encourage bike parking over car parking in this area which would be helpful to alleviate congestion after major events at n the park. ATTACHMENT D bmx bike dirt track Bring more world class entertainers and festivals. I have only been there once or twice over six years. Put a nice restaurant with a rooftop deck and some small commercial spaces where Muni building was, and tear down the old fire station. This would really tie the area in and make it a family destination. Utilize underground parking or try and utilize the open space that exists along the train tracks for the parking issues. Would love a restaurant by the music venue More safety. Including cameras and security. The park has become a nice gathering place and a great venue for special events. I am so glad Town Council decided to discontinue parallel parking along W. Beaver Creek Blvd.; that was absolutely terrifying. The flower gardens along the backside of the old town hall and police station have fallen by the wayside; that could be a fun community volunteer project to fix them up. Stage is under utilized The beach area has been not so family friendly due to people rage partying and too much weed in the air! We are generally concerned about the overuse of the park. The lake is not that large and the numbers of visitors is quite high. We are very happy with the elimination of parking on West Beaver Creek Blvd. This year when the parking was eliminated the trespassing has stopped. When parking was allowed the number of trespassers was ridiculous. We had rude groups of inviduals constantly cutting through the Buck Creek COndos at all hours - many druck and disorderly. Also, when people were crossing West Beaver Creek Blvd it was very unsafe. The road now allows for the use of the bike paths and the trespassing is eliminated. Thank you for making this necessary change. I rarely go to the park anymore. It used to be such a nice space to go and sit and read. Today, of course, it has been ruined with too many people; too many events. The worst thing about the park is the loud and intrusive noise/music in the summer. Turn. Down.The. Sound. Stop forcing every Avon resident and guest to listen to the concerts. The sound is so loud that it pounds our homes/apartments for hours on end. Sometimes the sound can be heard as far east as Walmart. More people would willing to attend the concerts if the sound was reasonable - and sane. The louder the sound - the less people want to attend. Stop trying to make Avon - Telluride. Telluride has the loudest concerts in the state. The residents are now rising up and demanding laws be enacted regarding sound that destroys quality-of-life. Event restrooms should be locked/unavailable to general public, and only available during an event/s. The swing zipline at the playground needed oil and was not working well last weekend . The playground could use some shade. We need a dog park honestly, i have lived here for over 30 years and have never used the park/lake. Wider paths or bike only paths separate from the walking paths. Board rentals should be reloaded to cabin or at least minimized in size so less of an impact on the beach, why do the rentals get permission to take the entire west side of the swim area for their boards and boats, this is not beach user friendly and others should be able to use this area as well Support additional permanent restrooms 1-2 places around the park The canned beverages are dismal ATTACHMENT D Any additional park areas for the town of Avon would be wonderful. All the new landscaping around the tennis, pickle ball, basketball & bus stop areas is lovely. Nice job!! Parking and loading unloading is a nightmare. I live right next to the current parking lot. Parking was removed on Beaver Creek Blvd [ good it was a zoo] but replaced with nothing, so library & rec center parking is now always full. No one in their right mind is going to bring their picnic and paddleboard stuff on a bus so public transportation is not the answer Well this spring and last spring thaw there were a lot of dead rainbow trout floating on the lake i call parks and Wildlife to investigate Some things for tweens and teens would be great. They could use outdoor ping pong or cornhole. An improved sledding hill would be awesome! Please no consuming drug allowed. Like has ben happened. im not sure what the restroom ordeal is...didn't we just redo the restrooms a couple years ago? I think that is enough...no need for restrooms on every corner. We walk to events, but they might be better attended with better parking options. Please provide parking in old municipal building area again Best park ever (playground) Better sand! The stand up paddle board business on the beach is full of rude employees that treat the locals and visitors like trash. If people want to paddle board they should rent and bring to the beach and not be forced to only use one company that has no customer service and seems entitled to that beach. The lake is littered with people on rented boards and there is no room for the people that own a board to walk up. There are often people with dogs off leash at Nottingham Park, regardless of the fact that that is not allowed. It would be nice to have a dedicated fenced in dog park area for those that want to have their dogs off leash. More hours on the dog park. All day dog park. Great Recycling options in new rubbish containers!! Make a skate park/ pump track by EVERGREEN SKATE PARKS fence in dog area that leads to the lake so they can swim When are the pickleball courts going to open? Crazy suggestion but build up the ground level in front of the main stage. Kinda like the Ford Amphitheatre. Probobly not feasible but what the heck. I think Town Council should really reconsider parking along Benchmark (?) that was denied this Spring. While I can see why residents were upset I think a dedicated and even fenced path from the street to the beach could be done. This parking could also be incorporated with a coordinated bus route in Winter for ski traffic. I think Avon should take over the paddleboard business (is the current vendor located in Avon). It seems like Avon is taking over other areas in the park for added revenue resource, maybe they should consider this too. Utilize the existing cabin (with some remodeling) to provide food/beverages like in years past. Again Avon is not utilizing a possible revenue resource. Please continuing upgrading the experience Real assescible handicap parking near venue for events. More parking NOT on W BC Blvd. What happened to the grills??? More opportunities for hand washing. bring in more events like art shows, etc... I was never there when it was super busy so not sure how busy it got. End the fireworks show permanently. ATTACHMENT D It would be great to get some major events again similar to “Cover Rock” I don't use the park much, but believe it is a great place for others to enjoy park and water activities. It seems like a great resource and attraction for the community. More concerts. More use of the stage for big name concerts. Way to much music, need a break from that. If you live near the Lake, it’s unbearable ! Rubber flooring instead of mulch in the playground. Those things can be sharp. An off leash dog area would be great...I am thrilled that you got rid of the parking on West beaver creek blvd. It was really dangerous and inconvenient for traffic flow Full services restrooms near docks Beach bathrooms! Lack of parking is the biggest problem. Increased trash pickup on the weekends. It gets bad! We really need a off leash dog area in the park, where local pet owners can legally play fetch with their dogs. Thank you for the portapotties, but we could always use more bathroom opportunities! ATTACHMENT D Question 59: Please provide any comments, suggestions or questions regarding Pocket Parks in Avon Summary: The Town of Avon received 150 responses to Question 59. Some respondents said they would welcome more pocket parks in Avon, while others said there are currently enough. Respondents asked for more maintenance or more amenities like trees, seating and kids’ activities. Many respondents said they were not aware of the parks or were aware of them but did not use them, but many others expressed that they felt the parks were a valuable community asset Need more in Wildwood, they were once proposed but have been ignored. Please just keep them clean and maintained Pocket parks are a huge amenity. There should be more on the valley floor. There need to be more dog poop signs and waste containers. If it is so easy it is stupid proof, that is the only way to get the dog poop situation under control. Not enough time for me to use them. Do not even know where they are. Improve location maps? Wildridge/Fire House Park needs improvement. Wildridge parks need updating, more opportunities for young kids to gather...community pool, pump track, trees for slack lines, winter ice rink, tennis courts, etc They are fine Love O’Neal spur park and fog park located there Many dogs owners don't care dogs waste... Actually it's not only park. Especially hiking trails. I am living at Buffalo ridge. Behind the apartment.there is hiking trail. Many dogs owners come to there with dog. But they really don't care dogs waste. Please come to check. It's really so many dogs waste. Also bike road as well. I report to apartment office. But they don't care as well. Both office. Polar stars apartment should no pets but every one have pets. The office is do not care. Please tell them something.please I didn't know these existed! ATTACHMENT D Don’t need anymore love the parks We should maintain and keep these parks! None idk what a pocket park is Would like to see more pocket parks around town Don't use these If there was more public transit, parking wouldn't be such a big issue. Needs improvement Dog waste has to be monitored. Disrespectful owners have overrun the pocket park next to the old firehouse with unleashed dogs and unpicked up dog waste. Remove the cottonwoods. I didn't even know there were additional pocket parks beyond the one in Wildridge. Maybe some more awareness? I do not have an opinion on these. None There have been complains about the pocket pack in the winter. Great idea! No comment The Wildridge fire house park needs a little work. The ground is so pitted that there are often large puddles. Since that is the one I use, I would love to see a few more "things" for the kids to play on. It is still nice! Just could use some sprucing up! The Park at June Creek Trail is not maintained or landscaped and is neglected most of the year. The Dog park needs a refresh and needs to be maintained more often I did not know about any of these pocket parks, but that's lovely. only familiar with eaglebend dr playground. I rarely see this get any use. Like the clean up work around the old fire station. Those junipers were out of control! Add a pocket park in wildwood. These are great! These pocket parks are too small to have any real impact on the community. Honestly, I'm not familiar with these parks more trees in the Eaglebend park to the North and East. This may provide better shade for the residents and give the grass a chance to survive Love to see the continuation of the pocket parks and even add more if possible. Very nice ....continue to improve use for families and kids Love the pocket parks. Well maintained. can town on Avon please assist with dog poop pick up in Wildridge pocket parks more often? when snow melts on basket ball court near fire- station there is always disgusting amount of dog waste. Haven't used any except for the dog park in Wildridge, It is great. Wish it was still an active FD house in Wildridge, especially with the increasing drought conditions and fire danger. The neighborhood pocket parks are great there should be more of them It looks good, thanks. Nice to have in walking distance to our home Do not use ATTACHMENT D It’s often frustrating hearing people are driving up to our neighborhood in Wildridge to use the parks. I feel as though they are for Wildridge residents. It also doesn’t seem “green” to have/encourage people to come up to the Wildridge parks Didnt realize that the playground at East End of Eaglebend Drive was for the public. Have not heard of the other 2 pocket parks. The pocket park in Wildridge is a nice park Tasteful, well maintained; thank you Love the Wildridge Fire House park! We have had our vacation home for 21 years and I know nothing about these parks. I would love to see improvements at both parks in Wildridge. Newer structures would be wonderful, but even something small like weeding, fresh filler would be a great improvement! Perhaps a porta potty for all the families with kids and dog walkers at each park? Love all these pocket parks They are forgotten about. Poor shape. These are important to the area. The Wildridge Fire House Park could use an upgrade! NONE More parks are always wonderful in my mind. My dog likes to hang out with buddies at the Wildridge dog park. They could use some love but absolutely great for the communities. Need landscaping . Eaglebend has NO plants or trees?? it has one swing set, hardly a park? None Am not aware of any! i don't know what's a pocket park? wildridge is well maintained Used to use very regularly when we had young kids. Great convenient playgrounds. Don't use at all now that kids are grown. No concerns There should be a smoking ordinance. Huge fines to be used for beautification of TOA. Leave as is I was not aware of pocket parks in town. Fenced dog park in Wildridge is awesome I didn’t know where two of these were. None I wasn’t aware of any of these parks I don't use any of the pocket parks I haven't lived here long enough to have an informed opinion. I love the ONeal Spur park especially for my dog. Softer ground materials and outdoor mats for the play ground safety Baby swing to fire house park. Pocket parks are nice to have. Not familiar I think Wildwood needs a pocket park. The pocket parks are wonderful and I think they are messengers of 'community' None ATTACHMENT D Can we please get a bench or two for parents at the Wildridge playground? And also some benches at the Nottingham playground? Fire House Park could use an upgrade. Are toddlers taking advantage, and could otters age groups be serviced by enhanced offerings? Not sure More pocket parks across Avon would be wonderful Decide if you want to water them or not. Patches at Eaglebend are dead. Wildridge pocket park needs to be updated with new equipment and the basketball court is overdue for a fix up as well. I’ve never used these but think they’re a wonderful idea. Would be in favor of more. Pocket Parks need to be updated and sand cleaned (or a better/more sustainable base layer) They are getting worn down and some are now dangerous. Should be cleaned daily The Wildridge Pocket Parks are always immaculate. Not familiar with pocket parks Eaglebend park could be improved We love to walk our dogs in the Eaglebend park and lake. the Wildridge Fire House Park is a lovely spot for our neighborhood. The firehouse itself needs to be re-thought/re-purposed. Need to locate The more the merrier! N/A OK do not use O,Neil Spur and Fire house park need a lot of work ,landscape, sand paint etc. What exactly is a pocket park? These need better upkeep and maintenance Nice spaces Some signage needs updated. Pocket park in Wildridge is great. Also the dog park is very popular. have never used O Neil spur park needs some updated equipment. Firehouse park is barely used and could use updates too. Wildridge parks are great- well maintained. A small ice rink at O’Neal springs would be incredible as there are so many families that would use it! We could use one on Nottingham Rd. There is still open space. there is nothing in the parks? I have been unable to use the Park in the last year. I No comments The firehouse pocket park is an embarrassment-needs TLC. Sand around the play equipment; fence around b'ball court needs repairs; the firehouse needs to be painted. Why the neglect? Eaglebend Pocket park is horribly maintained and looks BAD How about a pocket dog park? Or even something larger than a pocket park? Love them. Please put a real bathroom O’Neal Spur park Why there isn’t one does not make any sense! ATTACHMENT D Also a tennis court in Wildridge would be nice maybe by the dog park out of the wind! Great None Some benches or additional seating at O’Neal spur park. A place to wash your hands as well. I think they are well kept. Create ice rink in the tennis courts at Wildridge firehouse in winter. Great little parks Where is the West Avon Preserve? Don't use them South side of the lake has no trees we need more trees to combat climate change love me oneal spur dog park! now bring that idea to the floor of the valley. More parks please!!! Lots of kids use them The park is huge, why more parks? No comment Not in my neighborhood though I have gone to the dog park in Wildridge, but it is not convenient. Nice to see them None at this time Only use the dog park in Wildridge and only occasionally so not sure about the others. Dog park is great. No comment. I don't use them and don't know anyone who uses them. Don’t use them. Don’t use them We don't really use them, but it's nice to have a bit of green space or the playground. Would love to see the Wildridge Fire House Park cleaned up and updated! Would love to see it become more of smaller community center Nice to have/use. I don't frequent the pocket parks, therefore I don't have any comments. ATTACHMENT D Page 1 of 12 TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: June 2022 Update on Capital Improvement Program DATE: June 23, 2022 SUMMARY: This memo provides Town Council an update on the current status of the 2022 Capital Improvements Program. RECREATION CENTER PROJECTS Concrete Pool Deck and Drain Replacement. Concrete pool deck and trench drain replacement is needed for both safety and cosmetic purposes. In several areas where settling of the concrete has occurred, often adjacent to trench drains, a lip of up to ½” is creating a tripping or toe stubbing hazard. Additionally, the HVAC duct work located under the deck in the pool area has deteriorated from water exposure and will need to be replaced. Town Staff will prepare and release a Request for Proposals for designs services after the summer construction season. The 2022 Capital Improvements budget includes $50,000 to design the aquatics area repairs. 2022 Heating and Air Condition System Upgrades. The existing Recreation Center heating and air condition (HVAC) systems range from 12 to 26-years old and are due for replacement and modernization. Modernization of the system will increase energy efficiency and subsequent cost savings. The project will evaluate the following improvements to the system: • Replace the computer operating system with one similar to that utilized in Town Hall and the Public Safety Facility • Repair the HVAC equipment communication network • Integrate the building control system with the heat recovery system • The project will also develop a long-term plan to transition the building from natural gas systems to renewable electric systems A local engineering firm is in the process of finalizing the bid documents for release in July, a bid opening in September and spring 2023 installation. The project schedule was adjusted to accommodate the long lead time for equipment. The project budget is $250,000. Page 2 of 12 HARRY A. NOTTINGHAM PARK PROJECTS Harry A. Nottingham Park West Courts Resurfacing Project. The 2022 CIP budget includes $1,307,670 to resurface the pickleball, tennis and basketball courts in Harry A. Nottingham Park. The project is currently under construction and will be completed in August. The new surface will be a post tensioned concrete pad, which will last 30+ years without significant cracking, and provides the best value and safest courts. Recent additions to project scope include security cameras, webcams, larger port-a-let pad and shed, new drinking fountain, 5 shaded benches and tennis practice wall. The project is scheduled to be completed on time by August 7, 2022. Pouring Concrete for the Basketball Courts. Page 3 of 12 Harry. A. Nottingham Park North Restrooms. Restrooms are proposed near the north parking lot, in the vicinity of the beach and volleyball courts. The facility is currently envisioned to be of similar size and design to the Playground Restrooms. The Project is currently out to bid and the bid opening is scheduled for July 19th. The Notice of Award will be presented to Council at the July 26, 2022 meeting. The current budget is $50,000 in 2021 and $450,000 in 2022. Construction is scheduled to start in September 2022, after the summer season depending upon contractor availability. Rendering of Harry A. Nottingham Park North Restrooms Harry A. Nottingham Park, East Improvements. The project will redevelop the former Town Hall site. The project scope includes the following: • Restrooms to serve special events, 41 stalls • Gathering and seating plaza • Relocation of electrical transformers and panels • Parking lot reconstruction • Undergrounding powerlines along railroad tracks • Sustainable infrastructure including solar panels, green roof • Seating wall • Picnic area • Landscaping The Project is currently out for bid and is scheduled to commence in late summer 2022. The Notice of Award will be presented to Council at the July 26, 2022, Council meeting. The current project budget is $2,800,000. Page 4 of 12 Rendering of Restrooms at Harry A. Nottingham Park East Improvements Irrigation System Analysis. The Town’s non-potable irrigation system serves Harry A. Nottingham Park, The Pedestrian Mall, East and West Beaver Creek Boulevard, and Avon Road. The system was originally constructed in the late 1970’s when the park was constructed and has been added onto and modified over the years. This is the first step in developing a plan to modernize the system. A consultant will be hired to analyze the system and recommend a program to update and improve water efficiencies. The project budget is $50,000 and is scheduled to commence in the late summer. Page 5 of 12 STREET IMPROVEMENTS Metcalf Road Culvert Repair. A 30-Ft long section of a 7-FT diameter culvert underneath Metcalf Road collapsed in the vicinity of the northern Metcalf Lofts driveway. The culvert is 130-FT-long and is 25-FT below Metcalf Road. Utilities that serve Wildridge are located above the culvert including water, sewer, gas, electric, Comcast and Century Link. The combination of pipe depth and the presence of utilities makes the repair complex and costly. The project was scheduled to be completed in 2021 summer, but additional deterioration of the culvert required additional design and a different repair method. Work is currently scheduled to be completed in 2022. The project was awarded to American West Construction, LLC and the budget is $680,000. Location of Damaged Culvert under Metcalf Road Avon Road / I-70 Pedestrian Safety Improvements. The project improved safety for bicyclists and pedestrians traveling underneath I-70 at Avon Road. Project highlights include: • Detaching the sidewalk from Avon Road and rerouting it to the west side of the bridge columns • Removing concrete paving and replacing it with landscaping and rock • Constructing snow sheds to prevent snow and ice build-up on the sidewalk • Adjusting drainage to prevent snow melt from accumulating on the sidewalk The project was substantially completed in 2021. The landscaping and shelter roofs will be completed in June, once temperatures are consistently warm enough. Staff is recommending the budget be increased by $50,000 to $1,148,245 for the following items not included in the bid package: • Paint shelters black to match the existing streetscape ($15,000) • Irrigation Clock is required because the contractor is unable to pull new wire underneath the road in the existing sleeve ($1500) • Place metal flashing around the roof columns that will make the shelters look finished. ($10,000) • Pay general contractor for the concrete drainage channel. The general contractor improperly priced Page 6 of 12 a change order removing the entire concrete channel from the project cost while only the pavers were requested to be removed from the project. ($22,460) Snow Shelter at Avon Road Underpass Digital Displays Two additional digital display signs (DDS) are recommended to be installed in 2022. A digital display will be located along West Beaver Creek Blvd, near the railroad crossing. A second DDS will be installed at the intersection of Nottingham Road and Swift Gulch Road. Both DDSs were reviewed last year by the Planning and Zoning Commission and were recommended for installation. There is currently $132,281 remaining in the DDS budget for their installation which is estimated to be sufficient barring any unforeseen conditions. MAP: DIGITAL DISPLAY SIGN LOCATIONS Page 7 of 12 Fawcett Road Street Improvements. Fawcett Road connects Post Blvd. and Yoder Ave. and is located between Traer Creek Plaza and Wal-Mart. The road is due to be resurfaced as it was originally constructed in 2002 and has not been resurfaced. The project includes the following: • Asphalt overlay • Sidewalk repairs • American with Disability Act Ramp replacement • Replacement of concrete at bus pullout • Removal of 25-FT of median near Wal-Mart tire center The project budget is $375,000 and construction has been delayed to 2023. MAP: FAWCETT ROAD STREET IMPROVEMENTS Page 8 of 12 West Beaver Creek Blvd Street Improvements. West Beaver Creek Blvd from Avon Elementary School to Hwy 6 was last paved in 2004 and is due for major maintenance. This project will include the following elements: • Asphalt overlay • Sidewalk repairs and American Disabilities Act ramp upgrades • Water quality improvements • Bridge over Eagle River repairs including bridge resurfacing • Pedestrian flashing beacons at Eagle Valley Trail Crossing Council directed Staff to improve the bridge railings. The bridge railing work will be procured separately because the work requires a structural engineer to evaluate the bridge concrete and railing attachment mechanism and the railing contractor will be a different contractor. The street improvement project will occur in late summer and fall. he bridge resurfacing and railing project will occur in 2023. The neighborhood, elementary school and businesses will be notified once a contractor is hired and develops a firm schedule. MAP: WEST BEAVER CREEK BLVD STREET IMPROVEMENTS Page 9 of 12 Flood Mitigation Improvements. We are working on the following mitigation strategies to reduce the impact of future large rainfall events: 1. The Town’s drainage infrastructure will be mapped this summer and catalogued using Geographic Information Systems software. This will allow staff to assess the condition of infrastructure, track maintenance activities and recommend future improvements. Approximately 60% of the system has been mapped and it will be completed in July. PHOTO: Screenshot of GIS data 2. The large amount of mud and debris generated from the rainfall events clogs the stormwater pipes during major events. Alden Research Laboratory, LLC will assess the existing drainage pipe infrastructure and develop surface routes when feasible – rather than pipes – to reduce risks from clogging and subsequent flooding damage. 3. Develop regional mitigation measures along Nottingham Road, Swift Gulch Road and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. These projects will take several years to design and implement. Additional drainage easements on private property will likely be required depending on final project designs. 4. The federal grant applications are due on November 1st. The Town will apply for grants to construct the regional mitigation measures. 5. Improvements are planned this year near 540 Nottingham Road to improve the existing sediment pond and channel. 6. I am negotiating with Beaver Bench and Sonen-Halde Condominiums in install some local improvements to reduce the risk of flooding for the units impacted last year. The improvements will Page 10 of 12 be installed this summer and are expected to cost around $50,000. Beaver Bench Condominiums has stated they do not have funds available to pay for the project. I’m requesting direction to move forward with the Town paying 100% of the expenses. The project is a multi-year endeavor started in 2018 and has included the following tasks: • Hillside Drainage Improvement Plan • Improvements at 480 Nottingham Road (Church), • Improvements at 220 Nottingham Road (Sunnyside), and • Rainfall analysis with climate change projections • Nottingham Road Drainage Analysis and Development of Alternatives The existing project budget is $600,000 of which $177,000 is remaining. Future projects include the 540 Nottingham Road, 330 Nottingham Road and adjacent to Beaver Bench/Beaver Creek West condominiums. Wildfire Emergency Notification System. One emergency notification siren was installed at 5700 Wildridge Road East last summer. The initial testing indicated one siren is not adequate to provide warning to residents in Wildridge, Wildwood and Mountain Star. Four (4) additional sirens are recommended to be placed at O’Neil Spur Park, Saddleridge Apartments and Pocket Park, Wildwood public works facility and Mountain Star water tank. Upon completion of the public outreach process, the Engineering Team will procure the sirens, install the electrical infrastructure and install the sirens. Installation is scheduled to be completed in fall 2022 and the requested budget is $300,000. Public Works Master Planning. Public Works operations, Engineering and Facilities divisions need to be relocated in 375 Yoder Ave. to make room for future transit expansion. This project will develop space and staffing needs based on Town build-out and create a vision for the site to accommodate these departments. The Public Works Master Planning budget is $100,000 and will start in 2022. Page 11 of 12 Bus Shelters. Seven (7) bus shelters will be installed this summer at the following locations: • East Beaver Creek Blvd near Piedmont Apartments • East Benchmark Road near Loaded Joe’s • Beaver Creek Place near American National Bank • Eaglebend Drive west of the apartments • Swift Gulch Road near Buffalo Ridge Building 3 • West Beaver Creek Blvd near Westgate Plaza • Hurd Lane near Avon Crossing/Canyon Run The bus shelter style will match the existing shelters located at the Comfort Inn and City Market bus stops. The shelters are black, contain a bench and have an arched roof. The bus shelters are in fabrication and will be delivered and installed in late summer 2022. The current budget is $270,000 and will be adjusted once the installation bids are received. PHOTO: Town of Avon Standard Bus Shelter MAP: BUS SHELTER LOCATIONS Page 12 of 12 Electric Vehicle Chargers. Six electric vehicle (EV) charger stations will be installed at the following locations: • 3 stations with 6 ports at south end of Lake Street • 2 stations with 4 ports at Town Hall • 1 station with 2 ports at Public Works facility, 500 Swift Gulch Road The EV chargers on Lake Street and Town Hall will be open to the public. The chargers will be Level 2 and can charge a vehicle in 8 to 12-hours. The charger station installation will occur in June and July and the public chargers will be available free of charge in 2022. The project is partially funded with a $45,000 Charge Ahead Colorado Grant. The approved project budget is $220,000 and final expenses are expected to be $240,000. MAP: ELECTRIC VEHICLE CHARGER LOCATIONS Page 13 of 12 June Creek Emergency Access. The Wildridge Subdivsion only has one point of egress on Metcalf Road. A secondary emergency point of egress is proposed on the Forest Service Road from June Creek Trail down to June Creek Road in Singletree. The Community Development Department is currently obtaining the required Eagle County development approvals. More detail is included in a separate Written Report to Council included in this packet. MAP: Wildridge Emergency Access Route of June Creek Road (Forest Service) Building Access Control Upgrades. The regional transit facility, Fleet building, Pavilion, Parks Garage and Recreation Center are not on the centralized access control system that the Town Hall and Public Safety Facility are on. This project will add access control to these facilities and provide for centralized security for the Town’s facilities. The 2022 project budget is $70,000. ARTF Roof Repairs. The Avon Regional Transit Facility roof leaks and this project will repair the leaks. The budget is $90,000 and will be completed in early summer 2022. ARTF Snow Protection, Northside. The northside of the Avon Regional Transit Facility accumulates significant ice and snow creating an ice hazard. This project will improve the roof overhangs over the building exits and improving the safety of exiting the facility tothe north. The proposed project budget is $50,000 and will be completed in 2022. Office Furniture. New furniture is required for new staff positions and department re-organization. Also, new furniture for the Recreation Center lobby is recommended. The budget for the Recreation Center furniture is $35,000 and will be partially funded from the equipment replacement fund. The total furniture budget will be $55,000. 970.748.4030 jskinner@avon.org | mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Max Morgan, Planner 1+ RE: Ordinance 22-08 Short Term Rental Licenses DATE: June 20, 2022 SUMMARY: Ordinance 22-08 is presented for Council consideration on first reading. Ordinance 22-08 revises the Town’s Short Term Rental (“STR”) licensing requirements. At the June 14, 2022 Town Council meeting, Council directed Staff to revise the draft of Ordinance 22-08 for presentation at the June 28, 2022 Council meeting. The following revisions were incorporated into Ordinance 22-08:  Revisions to Section 3.12.020 – Definitions and 5.04.110 – Revocation were added for consistency of terms with the new Section 5.04.050.  “RO-STR License” was added as a defined term to reflect that there will be two licenses – an STR- License and an RO-STR License.  The definition of Short Term Rental was clarified that it is a rental for fewer than 30 consecutive days.  A Maximum Occupancy limit was added under (d)(3).  Subsection (g) “Limitation of Short Term Rental License” is marked as [RESERVED] to allow a later addition of language on STR License regulations. COMMUNITY ENGAGEMENT: 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. A third notice will be sent prior to the PZC meeting. Staff will send both emailed and mailed notice of Ordinance 22-08 to all existing STR License holders by July 8, 2022 to solicit input on Ordinance 22-08. 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 22-08, which affects STR fee structures and licensing, and Ordinance 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. 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. At the June 14th hearing, Council directed Staff to revise Ordinance 22-08 for first reading at the June 28th Council meeting. Council also requested that Staff prepare an application for Development Code text Page 2 of 2 amendments to implement limitations on STR, which application will be submitted to PZC. The application to PZC is separate from Ordinance 22-08. FINANCIAL CONSIDERATIONS: The proposed fee structure is estimated to cover the increase cost of Staff administration to implement the new Minimum STR Management Requirements. Adoption of this Ordinance should be financially neutral for the Town. RECOMMENDATION: I recommend approval of Ordinance 22-08 on first reading. OPTIONS: The following represent options for next steps regarding Ordinance 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 22-08 AMENDING SECTIONS 3.12.020, 5.04.050, AND 5.04.110 OF THE AVON MUNICIPAL CODE CONCERNING SHORT TERM RENTAL LICENSES and set a public hearing and second reading date for July 26, 2022.” Thank you, Max ATTACHMENTS: Attachment A: Ordinance 22-08 Ord 22-08 Short Term Rental Licenses June 28, 2022 – First Reading Page 1 of 3 ORDINANCE NO. 22-08 AMENDING SECTIONS 3.12.020, 5.04.050, AND 5.04.110 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. Sections 3.12.020, 5.04.050 and 5.04.110. Sections 3.12.020, 5.04.050 and 5.04.110 of the Avon Municipal Code is hereby amended as set forth in Exhibit A: Section 5.04.050 Short Term Rentals. ATTACHMENT A: ORD 22-08 Ord 22-08 Short Term Rental Licenses June 28, 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, provided that the date for compliance with new STR License and RO-License fees, Minimum STR Management Requirements, and other aspects of Section 5.04.050, shall be November 1, 2022. 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 A: ORD 22-08 Ord 22-08 Short Term Rental Licenses June 28, 2022 – First Reading Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 28, 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, Deputy 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, Deputy Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney ATTACHMENT A: ORD 22-08 EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE TITLE 3.12 REAL PROPERTY TRANSFER TAX 3.12.020 - Definitions is hereby revised by deleting language in strike-out and adding language in double underline. 3.12.020 - Definitions. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the buyer is continuously occupying and using the residence as a primary residence. For purposes of subsection (17)—(19), occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the buyer's application for exemption. A person who receives an exemption for purchase of property as a primary residence shall be permitted to short-term rent, portions of the residence provided that such person continues to occupy and use the residence as a primary residence and provided that RO-STR use is allowed and that there is a valid RO-STR License in accordance with Section 5.04.050. Primary residence status may be maintained if unforeseen circumstances arise that requires the buyer occupant to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the buyer occupant leases the residence in their absence to an Eagle County employee(s), and the buyer occupant receives written approval from the Town Manager. 5.04.050 SHORT TERM RENTALS 5.04.050 Short Term Rentals is here by repealed and re-enacted in its entirety to read as follows: 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. EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE (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, as defined in Section 3.12.020, and for which a portion of the residence including other bedrooms, but not the entire residence, is rented for fewer than 30 consecutive days. (3) RO-STR License means a license to operate a Resident Occupied Short Term Rental. (4) STR License means a license to operate a Short Term Rental or Resident Occupied Short Term. (5) Short Term Rental means any residential property for which the entire residence is rented for fewer than 30 consecutive 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. License options shall be as follows: (1) Resident Occupied Short Term Rental: $150 (2) Front Desk/Manager for Time Share: $250 plus $25 for each bedroom in the time property that is used for short term rental. (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 STR License holder, including an RO-STR License holder, and the failure to continuously meet these minimum management requirements shall be deemed a violation of this Chapter and grounds for denial, suspension or revocation of a STR License under this Chapter 5.04. The STR License holder shall sign an affidavit each year upon obtaining an STR License and renewing such license that shall affirm compliance with 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. EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE (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) Maximum Occupancy. The maximum occupancy for any STR License and RO-License shall be two (2) persons per bedroom and loft area plus two (2) persons. (4) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must be cleaned on an annual basis. (5) General Maintenance. The STR License holder shall continuously maintain the property 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. (6) Parking. The STR License holder shall provide a legal off-street parking space to serve the STR 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. (7) Trash and Recycling. The STR License holder shall provide service for trash and recycling removal and/or access to trash and recycling removal which is located on the property where the STR unit is located. (8) Noise. The STR License holder shall communicate to residents that noise which is disturbing to occupants in other neighboring residential units is not permitted before 8 am or after 10 pm. (9) Nuisances. The STR License holder shall communicate to residents that nuisances will not be tolerated, including but not limited to odors, smoking, and barking dogs. (10) Accurate Representation. The STR License holder shall accurately represent the residential unit and associated amenities to rents, including but not limited to size or type of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to common amenities provided on, or with, the property where the STR is located. (11) Renter Information. The STR License holder shall provide to Renters the information and rules in this section and such other minimum information as the Town may determine appropriate for Minimum STR Management Requirements. (e) Additional Minimum RO-STR Management Requirements. RO-STR License holders must comply with all other Minimum STR Management Requirements. Additionally, an RO-STR License holder must designate by name the resident or residents that reside at the property as their Primary Residence, as defined in Section 3.12.020, and such 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. (f) Advertisement of accommodations. Every property owner providing any room or rooms used for EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE STR for a duration of fewer than thirty (30) consecutive days shall obtain and maintain an STR License or RO-STR License prior to advertising such STR. The failure to obtain a business license prior to advertising such STR shall be a violation of this Chapter. Advertisement 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 rent the property for consideration. Any advertisement of STR 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 STr shall be a violation of this Chapter. (g) Limitation of Short Term Rental Licenses. [RESERVED] (h) Administration of Short Term Rental Licenses. The Community Development Department shall review license applications and license renewals for STRs and RO-STRs and provide verification to the Finance Director that licenses meet the Minimum STR Management Requirements for STR Licenses, RO-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 and RO-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 provide recommendations to the Finance Director if non-action, a warning, a fine, suspension 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. 5.04.110 REVOCATION – CAUSES – NOTICE AND HEARING. 5.04.110. Revocation—causes—notice and hearing is hereby revised by deleting language in strike-out and adding language in double underline. 5.04.110. Revocation—causes—notice and hearing. (a) A business license, including an STR License and RO-STR License may be revoked for the following grounds: (1) Fraud, misrepresentation or false statement contained in the application of the license; (2) Fraud, misrepresentation or false statements made in the course of carrying on the licensed business; (3) Failure to pay sales tax, accommodations tax or other applicable tax or fees to the Town of Avon; EXHIBIT A AMENDMENTS TO SECTIONS 3.12.020; 5.04.050; AND 5.04.110 OF THE AVON MUNICIPAL CODE (4) For vendors, solicitors and peddlers: fFailure to comply with the vendor regulations or the terms of a vendor license permit; (5) For vendors, solicitors and peddlers: aAny violation of the ordinances of the Town involving moral turpitude; (6) For vendors, solicitors and peddlers: cConviction of any crime or misdemeanor by a license holder involving moral turpitude; or, (7) For vendors, solicitors and peddlers: cConducting business in an unlawful manner or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public. (b) The Finance Director may revoke a business license, including an STR License and RO-STR License, in accordance with the following procedures: (1) The Finance Director shall submit a written notice of revocation to the business licensee, stating the following: (i) The grounds for revocation; (ii) Requesting information if necessary; (iii) Stating corrective action if applicable and appropriate; (iv) Stating the appeal rights of the business licensee; (v) Identifying the last day to file an appeal with the Town and stating that the revocation shall become effective on day after if no appeal is filed; and, (vi) Stating that conduct of business without a business license shall be a violation of this Chapter. (2) Written notice shall be sent by U.S. first class mail to the address provided in the business license application. Notice shall be deemed given on the date that notice is deposited in the U.S. mail. (c) The Finance Director may immediately suspend a business license, including an STR License or RO- STR License pending a written notice of revocation if the Finance Director has that reasonable grounds to believe that the business licensee has failed to comply with any regulation and that the violation creates an immediate threat to the health, safety and general welfare of the Avon community. (d) The decision of the Finance Director may be appealed to the Avon Town Manager in the manner and in accordance with procedures set forth in Section 5.04.120. AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:15:20 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 5:16 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 Chief of Police Greg Daly, Judge Buck Allen, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Prosecutor Elizabeth Pierce-Durance, Planner 1+ Max Morgan, Senior Planner Jena Skinner, Town Manager Eric Heil, and General Government Intern Emily Myler. 2. APPROVAL OF AGENDA Video Start Time: 00:15:43 Part One No changes were made to the agenda. Councilor Andrade moved to approve the agenda as presented. Mayor Pro Tem Phillips 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: 00:16:03 Part One Councilor Thuon disclosed he works for a company that is in the short-term rental industry. Councilor Underwood disclosed that she holds a short-term rental license, relevant to items 5.2 and 5.3. as she has disclosed before. With respect to item 5.4, she disclosed that she is on the Board of Directors of Eaglebend-Dowd Affordable Housing Corporation. Neither are conflicts of interest, only disclosures. 4. PUBLIC COMMENT Video Start Time: 00:18:31 Part One A Proclamation Honoring Judge Cyrus G. “Buck” Allen III for His Years of Service Mayor Smith Hymes read the proclamation commending Judge Allen for 40 years of service to the Town of Avon and declaring June 15 “Judge Cyrus G “Buck” Allen III Day”. Judge Allen spoke and thanked the Council for the proclamation. He said he grew up learning to work hard, stay optimistic and help people when he can from his parents, who were raised during the Great Depression. He enjoys working in Avon and appreciates the opportunity to do so. Mayor Smith Hymes 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. Avon resident Josh Hall commented. He said his home in Beaver Bench was destroyed by the mud slides on July 22, 2021, and hopes preventing future disasters will be on an upcoming Council agenda. He thanked the Council for addressing this issue. He requested that Town Staff look at a ravine created by the rain near his home to prevent it from causing further damage. Councilor Underwood asked for an update on arrival of the Vactor truck. Town Manager Heil said it is slated to arrive in the late summer or early fall. Mayor Pro Tem Phillips asked if the Town had been able to borrow one, to which Town Manager Heil said no. AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM State Congressional Candidate Meghan Lukens commented. She said she is running for the Colorado House of Representatives in District 26. She is a Steamboat Springs local and a social studies teacher at Steamboat Springs High School. She believes in communication, collaboration and is running on a platform of economy, environment and education. Eagle resident Taylor Joseph Gardarian commented. He said he was asked at the last council meeting to email Town Staff for the opportunity to put an item on the Council agenda, but received no replies. He said he would like to talk about the essence, persons and attributes of public oath declaration. He has found that these things can have a large type of existence. There shouldn’t be any separation between people who don’t want citizens to declare constitutional oaths and people who do. No virtual comments were made. 5. BUSINESS ITEMS 5.1. POLICE PRESENTATION: SWEARING IN OR OFFICER T. RENO, ANNUAL REPORT PRESENTATION AND AWARDS PRESENTATION (CHIEF OF POLICE GREG DALY) Video Start Time: 00:3 2:43 Part One Mayor Smith Hymes introduced Officer Theresa Reno and asked everyone to stand. The oath of office was administered by Municipal Judge Allen and Officer Reno’s son Patrick pinned the badge on her uniform. Chief of Police Daly presented certificates to awardees who have “made exceptional and valiant individual and team contributions above and beyond their normal duties with the Avon Police Department or have benefitted the Avon Police Department and the Town of Avon.” He then presented an annual overview of activity at the APD including what went well, areas to improve, and department goals and vision. Mayor Smith Hymes asked if Chief Daly thought the crime statistics were comparable to other communities per capital considering how many tourists Avon has. Chief Daly responded that the numbers are based on the most recent census data, but there are differences in Avon as opposed to a city like Fort Collins where there are fewer visitors. Mayor Smith Hymes asked how the APD decides who are the best candidates to hire. Chief Daly said they are looking for people driven by service. Police work is dangerous and not the most highly paid; most officers don’t join to seek action but desire to serve the community. Most hires have been locals, it is hard to find outsiders and they don’t often work out because of living expenses here. It’s currently the toughest hiring environment he’s ever seen, but it makes a huge difference to get the right people that match the culture and stand up to expectations. 5.2. FIRST READING: ORDINANCE 22-08 SHORT TERM RENTAL LICENSING (PLANNER 1+ MAX MORGAN) Video Start Time: 00:00:01 Part Two Planner 1+ Morgan presented. He read the mission statement for the Short-Term Rental (“STR”) program, showed Council reduced licensing fees, provided more data on STR licenses and trends in Avon and presented two options for STR caps. Option one caps growth based on a percentage of the number of current STRs per property, while option two caps growth based on the total number of dwelling units per property, in tiers based on zones. He said both options grandfather in existing licenses and do not set caps in the Town Core or in PUDs where Council has allowed STRs. He clarified that the Town is not looking at banning STRs. Option one is more AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM restrictive in adding new STRs than Option two. Both propose extending the Town Core zoning to four new properties where there will be no cap. Council may amend either option and still move forward to first reading. He said STR regulations are only one of many efforts to resolve housing challenges, but he thinks it will go a long way towards achieving the goals of the Housing Plan. Mayor Smith Hymes clarified that the proposed fee for a resident occupied STR is actually $150, and was mistakenly written as $350 in the packet. Councilor Prince asked if there would be a fee for current license holders. Planner 1+ Morgan said existing license holders will be included in the license caps and their previous license fee payments will go towards the new fees. Councilor Prince asked if option one considered different thresholds for properties with few units and wondered if the cap would be inequitable to them. Planner 1+ Morgan said that there may need to be a different cap for very small properties with no current STRs. There is the potential in option one where small HOA’s could become highly saturated with STRs. Mayor Smith Hymes asked if resident occupied STRs would be allowed without a cap. Town Manager Heil said that there are no proposed limits to resident occupied STRs as these types of STRs are a way to make housing more affordable for owners. Mayor Smith Hymes also asked how properties are selected to be included in the new Town Core zone. Planner 1+ Morgan said they fit well with the Town Core based on saturation rate and number of units. They were also not likely to convert back to long term housing if capped. Opposingly, properties in the west zone have been historically full-time residential and it is important to keep those properties affordable for long-term residents so that area will have lower caps. Mayor Pro Tem Phillips said that the Town should not base their caps on a guess of how many STR licenses there will be in the future. More data is needed for what types of STRs exist in Avon to give a baseline. Until that information is collected, it is difficult to design caps that will work. Planner 1+ Morgan replied that his team is working on gathering that data now. Town Manager Heil said that the data will be in before the end of this year. If this passes, Staff have to get everyone new licenses (with credits for previously paid fees). It will take a few months to do this so November 2023 is the compliance date and due date for data. Mayor Pro Tem Phillips said in addition to setting caps, Council needs to also consider the fee structure and data regarding what kinds of STRs exist. The total saturation could be skewed by resident occupied STRs or “front desk managed” properties. The STR program should work with other housing programs such as ¡Mi Casa! Avon to prevent any more full-time housing loss. ¡Mi Casa! Avon could be available to current owners who live in the STR overlay zone, for example. It doesn’t make sense to allow more properties to become STRs in residential zones, but more data is needed to understand the current situation. Some properties in the Town Core are candidates to transition back to more affordable, long-term housing, and there could be a high cap in Town Core that preserves this. Council has received a lot of input from people who use their property frequently but do use STRs while they are not using it and should be in a separate license category that only rent a certain number of weeks per year. These rentals support the year-round community by offering lodging on shoulder seasons and don’t take away long-term rentals. By considering these cases, the number of STRs that could become long term rentals in town would be different. Councilor Prince said it would be interesting to see 2020 vs 2021 average home price changes and how the different zones compare to each other. Mayor Pro Tem Phillips said the gaps between historically less-expensive zones are closing on prices in the historically more-expensive zones and full-time residents are looking for housing all over Town. He asked Town Attorney Hanlon whether he was comfortable that he could defend the rates selected legally. He said option one doesn’t make any sense, option two causes random selection of each property to either benefit or be restricted based on too little or no evidence. He is not able to support either option as crafted. Town Attorney said yes, AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM the legislative process would support the caps set in court, but the threat of litigation shouldn’t prevent Council from making decisions they think are for the good of the community. Councilor Hardy asked how this solves the housing problem. She said the caps need to be lower to preserve the number of units available to locals. The west zone would be fine with a 15% cap and 30% for the north zone, at least temporarily. The central zone can stay uncapped since it was built to be STRs, but each of those properties still need space to house employees. The benefit of STRs is job and revenue creation, but each STR requires workforce which can’t live here and increases the housing gap. There is a current issue for employees in the Town to find housing because too many properties are being bought up by investors. The cap should keep the number of STRs where it is now until employers can find appropriate housing for their employees. She suggested setting a cap tonight and then working through the details later. She doesn’t like option one because she thinks the allowed percentage increase is based on arbitrary numbers. She prefers option two but with smaller increases allowed. Councilor Underwood said Council should look hard at option one with the right percentages and can determine that number tonight. Buck Creek Condos and Beaver Bench have low saturation and could be excluded from the new Town Core and an island could be drawn around Bel Lago and Greenbriar to add them in. She likes option one with the extended town core but with a modified extension to Town Core. Councilor Andrade asked why both options increase the saturation. He said it would be good to see a cap based on total available units outside Town Core in the long term. He agrees that a hard cap at the current number should be placed right now, although the extended Town Core is acceptable as is. Councilor Thuon said he doesn’t favor either option. Council doesn’t have the data needed to make a decision and hasn’t considered the complexities of the issue fully. There needs to be better understanding of the actual problem. A moratorium on STR licenses tonight will make a lot of people angry and impact them negatively. Something needs to be done, but he’s not ready to give direction tonight. Mayor Smith Hymes said the data presented tonight is a good start. Increasing the saturation doesn’t make a lot of sense, but for the stability of the market, it is the Council’s responsibility to take action and send a message. Option one is too arbitrary. Option two makes sense with a lower percentage. The idea of having a town wide saturation rate limit is something to consider as well. Council is trying to identify properties which will never become long term rentals and allow their owners to make money by STR’ing them. The problem is when potential long-term rentals are taken away by STRs. Councilor Prince said he could also support a limit on the number of days an STR is rented. Councilor Hardy asked how the Town would determine who was living in an STR week-by-week. Town Manager Heil said regulating STRs isn’t a silver bullet. The biggest problem is that real estate is too expensive. A small part of the rise in price is due to STRs but not all of it. Mixed STR and long-term properties are healthy to have and doesn’t mean there will be 100 percent STRs in the future. What will help the most are projects that build new units priced at AMI affordable levels. He suggested sending option two to the Planning and Zoning Commission. Mayor Pro Tem Phillips said on one hand there is agreement that Avon needs to change the fee structure and safety standards as well as better understand licenses, and another which is how do we cap new licenses. They are separate issues, and the first part is important for the second. She suggested moving forward on other STR details and continuing to consider license caps. Councilor Underwood suggested passing the two options to PZC and moving AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM forward with approving other details without the fee structure table. Councilor Hardy said fees aren’t going to disincentivize STRs, they should be set to where they can fund the STR program, not more. Mayor Smith Hymes called for public comment. Avon resident Edgar said capping STRs isn’t really making an impact for the working class when long term properties aren’t even affordable for many. It’s not fair to take away the investments of people who bought STRs in Avon and rely on them. The Town needs to create new affordable housing for employees, converting hotels to workforce housing and focus on keeping rents down. Avon resident Derek George said he is an STR landlord, and it is part of the reason he can live here. He sees the employee housing shortage firsthand, and the real problem is that there is not enough single-family workforce housing available. He bought a property with the intention of doing long term rental and there were issues with public safety and health. Council should change the fee structure which currently incentivizes 1- and 2-bedroom apartments to become STRs even though they are the best places to rent long-term. His neighbors are hoping to one day have an STR and they plan for it and should be able to do so. Avon residents Nelson Mosier and Jagertha Mosier requested clarification on how their STR property would fit in the fee structure. Town Manager Heil said the fees will be based on the number of bedrooms at their property and that information will be available online shortly. Avon resident Shelley Slater said she is using her STR in the Town Center to help her business by using them for employee housing during the work week and as visitor lodging on the weekends. There are other ways for STRs to support workforce housing. Councilor Underwood moved to direct Staff to take the STR license caps and Town Core extension to the Planning and Zoning Commission and to continue first reading of Ordinance 22-08 to the June 28th Council meeting, Councilor Prince seconded the motion and it passed with a vote of 7 to 0. 5.3 . FIRST READING: ORDINANCE 22-09 SHORT TERM RENTAL OVERLAY ZONE DISTRICT (SENIOR PLANNER JENA SKINNER) Video Start Time: 01:57:59 Part Two Senior Planner Skinner began to present on the STR overlay zone, but Council felt it already had enough information to make comments. Councilor Underwood said the STRO needed a new name and asked why the map was not part of the Ordinance and for clarity on how it would work with Ordinance 22-09, especially with the PUD’s in Town Core. Senior Planner Skinner said the Town can affect licensing in PUDs but not zoning and the Town Core map is a pseudo zoning map. Town Manager Heil said there are some PUDs outside the Town Core where Council has already approved STRs. Councilor Underwood said that between the two Ordinances, it is not clear about consistent use of “primary residence” and “continuous use for less than 30 days.” 5.4. PUBLIC HEARING: EMERGENCY ORDINANCE 22-12 APPROVING KAYAK CROSSING REFINANCING (TOWN MANAGER ERIC HEIL) Video Start Time: 02:07:20 Part One Town Manager Heil presented. He said Kayak crossing needs refurbishment and is working on refinancing. Existing debt would be paid off and a new loan taken from first bank and Eagle Bend as well as existing working capital would AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM fund the project. There is a rate lock through June 7th and so Council will need to take action tonight to close on the loans by the end of the week. Gerry Flynn from Polar Sar Property Management answered questions from Council. Councilor Prince asked what the interest is on the Eagle Bend loan and Flynn said it is two percent. Councilor Underwood asked what the refurbishment plan was. Flynn said construction started 6 weeks ago with advanced funds from Eagle Bend. The scope is similar to the refurbishment in Eagle Bend: replacing windows, doors, roofing, exterior siding, and decks. The road is in horrible condition, and will be replaced along with an added pedestrian walkway. River Run will reimburse them for half the road project cost. Mayor Smith Hymes asked if Eagle County would help with funding, and Town Manager Heil said the County was reluctant to contribute now but may be able to help pay off loans later on. Councilor Prince asked what the property’s appraisal came to and Flynn responded about $15,2 million. Mayor Smith Hymes called for public comment and none was made. Councilor underwood motioned to approve Emergency Ordinance 22-12: Kayak Crossing Refinancing. Mayor Pro Tem Phillips seconded the motion and it passed with a vote of 6 to 0. Councilor Andrade was absent. 5.5. FIRST READING ORD 22-11 RECALL REGULATIONS (TOWN MANAGER ERIC HEIL) Video Start Time: 02:24:56 Part Two Town Attorney Hanlon suggested Council pass the Ordinance on first reading unless there are any Council objections. Councilor Underwood said the draft was very good and she would happily pass on first reading and continue to work through details on a task force. Mayor Pro Tem motioned to approve Ordinance 22-12 Recall Regulations on first reading and setting a public hearing for July 26, 2022. Councilor Hardy seconded the motion and it passed with a vote of 6 to 0. Councilor Andrade was absent. 5.6. FINDINGS OF FACT AND RECORD OF DECISION FOR MNR22009, A MINOR DEVELOPMENT PLAN FOR EMERGENCY NOTIFICATION SYSTEM (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:29:01 Part Two Planning Director Pielsticker presented. He said this item simply documents the actions of Council from the previous meeting. Councilor Hardy motioned to approve Findings of Fact and Record of Decision for MNR22009, a Minor Development Plan for Emergency Notification System as published in the Packet. Mayor Pro Tem Phillips seconded the motion and it passed with a vote of 6 to 0. Councilor Andrade was absent. 5.7. APPROVAL OF LOBBYING CONTRACT (TOWN MANAGER ERIC HEIL) Video Start Time: 02:25:20 Part Two Town Manager Heil said this contract makes a lot of sense for Avon. It would share the cost of a federal lobbyist with other neighboring municipalities to make sure Avon’s voice is heard. Councilor Underwood asked what the AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM lobbying firm does, whether they have experience with transportation boards and railroads and whether they can submit a regular report of activity. Town Manager Heil said they monitor for federal funding for the Town and advocate for their needs. They do have experience with transportation organizations and will be submitting reports regularly. Mayor Smith Hymes said it worries her there is money available that the Town is missing out on. Councilor Hardy asked if this means federal leaders aren’t representing Avon on their own. Town Manager Heil said Avon already has great connections and support at the State level but the federal is much more complex and staff need support navigating it. Mayor Pro Tem Phillips motioned 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. Councilor Thuon seconded the motion and it passed with a vote of 5 to 1. Councilor Prince voted no and Councilor Andrade was absent. 5.8. NOTICE OF AWARD FOR THE PURHCASE OF THE WILDRIDGE SIRENS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:39:57 Part Two Planning Director Pielsticker presented the notice of award. Mayor Smith Hymes asked what the Town is using for notifications while the sirens are installed. Planning Director Pielsticker said current notifications come from the existing siren as well as other avenues such as the EC Alerts app. Councilor Thuon motioned to authorize issuance of notice of award for the installation of emergency notification sirens to Century Siren Inc in the amount of $131,432.18. Mayor Pro Tem Phillips seconded the motion and it passed with a vote of 6 to 0. Councilor Andrade was absent. 5.9. RESOLUTION 22-14 EXTENDING THE FINANCE COMMITTEE (TOWN MANAGER ERIC HEIL) Video Start Time: 02:42:31 Part Two Town Manager Heil presented and said all the members of the Finance Committee would like to continue to serve. Councilor Prince suggested staff should try to fill more of the available seats as not all committee members are able to attend every meeting. Town Manager Heil said they would post openings this week. Mayor Pro Tem Phillips motioned to approve Resolution 22-14, extending Resolution 19-15 Approving an Ad Hoc Finance Committee. Councilor Thuon seconded the motion and it passed with a vote of 6 to 0. Councilor Andrade was absent. 5.10. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-03 AMENDING SECTION 15.08.160 OF THE AVON MUNICIPAL CODE REGARDING ISSUANCE OF GRADING PERMITS (TOWN ATTORNEY KARL HANLON) Video Start Time: 02:44:22 Part Two Town Manager Heil said this issue has been continued many times by Council and there is nowhere else to go with it. It prevents grading permits from being issued without building permits with some exceptions. Councilor Underwood asked if the administrative process allows the Town Engineer to check criteria for approval of a grading permit and Town Attorney Hanlon said yes it does. AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes called for public comment and there was none. Councilor Thuon motioned to approve Ordinance 22-03 Amending Section 15.08.160 of the Avon Municipal Code Regarding Issuance of Grading Permits on second reading. Mayor Pro Tem Phillips seconded the motion and it passed with a vote of 6 to 0. Councilor Andrade was absent. 6. MINUTES 6.1. APPROVAL OF MAY 24, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:47:50 Part Two Councilor Thuon moved to approve the May 24, 2022 minutes. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. 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: 02:48:13 Part Two Mayor Smith Hymes talked about the study released by Air BnB on impacts to local communities. She said it is not surprising that they only found good results of STRs in Communities. She also said the Colorado Association of Ski Towns board rebutted the inaccuracies in the report and she would send their rebuttal to the Council. She also reminded everyone that the Pride in the Park event would be in Harry A. Nottingham Park on Saturday. Councilor Prince thanked the staff for getting the Pride flags and putting them up nicely around Town. Councilor Underwood thanked staff for the outstanding job with the Art Around Avon Walk and implementation. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:19 p.m. AVON REGULAR MEETING MINUTES TUESDAY JUNE 14, 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: Emily Myler, General Government Intern APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Joel McCracken, Finance Manager RE: Financial Report – April & May 2022 Data DATE: June 22nd, 2022 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for April 2022 and the recreation fees and real estate transfer tax revenues for May 2022. BACKGROUND: The Town’s 2022 final revised budget was adopted in December 2021. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for April and May revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – April 2022: April sales tax revenues totaled $618,675. This is an increase of $27,325 or 4.62% compared to April 2021 sales tax revenue of $591,350. APRIL 2021 v APRIL 2022 SALES TAX COMPARISON BY INDUSTRY April 2021 April 2022 Increase/Decrease Home/Garden $85,218.80 $74,356.59 ($10,862.21) Grocery/Specialty/Health $147,040.08 $156,670.43 $9,630.35 Sporting Goods Retail/Rental $43,904.91 $39,230.02 ($4,674.89) Miscellaneous Retail $23,073.02 $22,656.40 ($416.62) Accommodations $70,557.66 $86,114.93 $15,557.27 Restaurants/Bars $101,060.06 $115,781.24 $14,721.18 Other $7,761.64 $8,685.35 $923.71 Service Related $19,989.76 $21,137.99 $1,148.23 Liquor Stores $19,295.49 $19,458.88 $163.39 E-Commerce Retail $31,245.11 $35,136.29 $3,891.18 Manufacturing/Wholesale $6,499.80 $5,740.21 ($759.59) Construction Related Services $28,011.96 $27,107.04 ($904.92) Digital Media Suppliers/Sellers $7,043.71 $5,664.27 ($1,379.44) Commercial/Industrial Equipment $648.43 $618.90 ($29.53) Special Events - $316.61 $316.61 TOTAL $591,350.43 $618,675.15 $27,324.72 Page 2 of 7 NOTE: Since the Colorado Sales and Use Tax System (“SUTS”) was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e- commerce retail sales tax revenues to dramatically increase. Sales Tax: April 2022 Budget v Actual Collections: April 2022 sales tax revenues totaled $618,675. This is an increase of $74,510 over the April 2022 estimates of $544,164. This is 13.69% over the adopted 2022 budget (based on a 3-year average). APRIL 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance April $544,164.62 $618,675.15 $74,510.53 13.69% 394,986.15 424,685.32 349,189.52 591,350.43 618,675.15 7.52% -17.78% 69.35% 4.62% $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 2018 2019 2020 2021 2022 2018-2022 April Sales Tax Revenue Trend Page 3 of 7 Accommodation Tax: Revenues – April 2022: Accommodation tax revenues totaled $91,810 for the month of April . This is an increase of $18,345 or 24.97% compared to April 2021 accommodation tax revenues, which totaled $73,465. Accommodation tax collections by industry type for April 2022 compared to March 2021 reported an increase for Time Shares and Vacation Rentals and a decrease for Hotels. APRIL 2021 v APRIL 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY April 2021 April 2022 Increase/(Decrease) Timeshares $18,867.24 $33,224.09 $14,356.85 Hotels $20,096.17 $19,081.81 ($1,014.36) Vacation Rentals $34,501.25 $39,504.07 $5,002.82 TOTAL $73,464.66 $91,809.97 $18,345.31 April 2022 Budget v Actual Collections: April 2022 accommodation tax revenues totaled $91,810. This is an increase of $39,223 over the April 2022 estimates of $52,587. This is 74.59% over the adopted 2022 budget (based on a 3-year average). APRIL 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance April $52,586.93 $91,809.97 $39,223.04 74.59% 33,275 31,825 8,631 73,465 91,810 -4.36% -72.88% 751.18% 24.97% $0 $25,000 $50,000 $75,000 $100,000 2018 2019 2020 2021 2022 2018-2022 April Accommodation Tax Revenue Trend Page 4 of 7 Short Term Rental Tax: Revenues – April 2022: STR Tax for Community Housing totaled $40,588 for the month of April. There are no previous period revenues for comparison. The amount of STR Tax for Community Housing revenues collected year-to-date compared to the annual budget of $750,000 represents 71.38%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. APRIL 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY April 2022 Timeshares $9,540.91 Hotels $12,171.03 Vacation Rentals $18,876.53 TOTAL $40,588.47 Real Estate Transfer Tax: Revenues – May 2022: May 2022 real estate transfer tax totaled $1,044,176. Compared to May 2021, which totaled $323,408, this is an increase of $720,768. Tobacco & Cigarette Tax: Revenues – April 2022: Tobacco tax revenues totaled $24,663 and cigarette tax revenues totaled $18,234 for April 2022. Compared to April 2021 revenues, this is an increase of $5,469 for tobacco tax revenues, which totaled $19,194 and a decrease of $564 for cigarette tax revenues, which totaled $18,798. $351,237 $278,242 $100,257 $323,408 $1,044,176 -20.78% -63.97% 222.58% 222.87% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2018 2019 2020 2021 2022 Real Estate Transfer Tax May Revenue Trends Page 5 of 7 April 2022 Adopted Budget v Actual Collections: April 2022 tobacco and cigarette tax revenues totaled $24,663 and $18,234, respectively. This is an increase of $3,213 over the April 2022 budget for tobacco tax, which is $21,450 and a decrease of $959 under the April 2022 budget for cigarette tax estimates, which is $19,193 which is based on a 3-year average. APRIL 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Tobacco $21,450.57 $24,663.33 $3,212.76 14.98% Cigarettes $19,193.05 $18,234.00 ($959.05) -5.00% Total $2,253.71 18,392 16,188 18,798 18,234 -11.98% 16.12% -3.00% 14,500 15,000 15,500 16,000 16,500 17,000 17,500 18,000 18,500 19,000 2019 2020 2021 2022 2019-2022 April Cigarette Excise Tax Revenue Trend 15,416 12,157 19,194 24,663 -21.14% 57.89% 28.49% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2019-2022 April Tobacco Tax Revenue Trend Page 6 of 7 Recreation Center Fees: Revenues – May 2022 Admissions & Program Fees: Recreation admission revenues for May 2022 totaled $68,795, an increase of $31,246 compared to April 2021 which totaled $37,549. This is $31,094.40 over the adopted 2022 budget estimates of $37,700.79. Recreation program fee revenues for May 2022 totaled $13,318. This is a decrease of $19,820 compared to 2021, which totaled $33,137. This is $17,895 under the adopted 2022 budget estimates, which is $31,213 which is calculated based on a 3-year average. 50,253 63,563 714 37,549 68,795 26.49% -98.88% 5162.65% 83.21% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 2018 2019 2020 2021 2022 Recreation Admissions May Revenue Trends $37,300 $31,336 $7,749 $33,138 $13,318 -15.99% -75.27% 327.66% -59.81% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2018 2019 2020 2021 2022 Recreation Program Fees May Revenue Trends Page 7 of 7 Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for cigarette tax are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax and Recreation Program Fees reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and percentage variance. Thank you, Joel 2021 v 2022 Year-to-Date Revenue Comparison 2021 YTD 2022 YTD Dollar Variance Percentage Variance Sales Tax $3,691,232.78 $4,583,238.87 $892,006.09 24.17% Acc. Tax $684,855.10 $1,166,212.12 $481,357.02 70.29% Tobacco Tax $104,559.30 $113,343.91 $8,784.61 8.40% Cigarette Tax $80,880.00 $75,876.54 ($5,003.46) -6.19% RETT $1,879,427.21 $2,911,517.40 $1,032,090.19 54.92% Rec Admissions $164,793.17 $385,247.81 $220,454.64 133.78% Rec Program Fees $90,883.53 $115,949.75 $25,066.22 27.58% 2022 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $3,889,712.33 $4,583,238.87 $693,526.54 17.83% Acc. Tax $880,350.81 $1,166,212.12 $285,861.31 32.47% Tobacco Tax $93,840.41 $113,343.91 $19,503.50 $20.78% Cigarette Tax $79,181.49 $75,876.54 ($3,304.95) -4.17% RETT $1,179,756.02 $2,911,517.40 $1,731,761.38 146.79% Rec Admissions $255,553.63 $385,247.81 $129,694.18 $50.75% Rec Program Fees $142,957.17 $115,949.75 ($27,007.42) -18.89% 970.390.2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Public Works Director RE: Public Way Permit Extension for Wyndham Destinations DATE: June 22, 2022 SUMMARY: A Public Way Permit was issued to Wyndham Destinations on February 2, 2022, to park a temporary boiler trailer in the Town of Avon’s Right -of-Way. Based on Wyndham's repair plan, the permit was set to expire on May 3, 2022. Due to disputes with their insurance company, Wyndham has not been able to make the permanent repair and requested an extension to t heir permit. An extension to Sept 30, 2022, was granted after a review of their Repair Plan that included the detailed scope of work and schedule from their HVAC contractor. In addition, Wyndham provided an inspection report confirming the temporary boiler trailer and connections are still in good, safe working order. A permit extension fee of $100 was collected for additional staff time. Figure 1 Lettuce Shed Lane - Emergency Boiler Trailer Thank you, Eva 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 1 of 17 Town of Avon 2022 Department Goals INTRODUCTION: This document presents specific tasks and projects to be completed, or substantially completed, during 2022. The 2022 Department Goals replaces the former Strategic Plan with regard to identifying specific projects to be completed during the calendar year as well as clarifies the Department responsible for performing the tasks. Quarterly updates will be provided to Council at which time Council members may discuss the 2022 Department Goals and provide direction on revisions, additions, deletions, and changes in priority. The 2022 Department Goals provides a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meetings. Within each Department goals are identified as Tier 1 (first priority) and Tier 2 (dependent on available resources). GENERAL GOVERNMENT TIER 1 1. Create a ‘Work for the Town’ Video: The Town is hiring many new colleagues and staff identified a desire to create a video “what is it like to work for the Town of Avon” for the job listings page. Staff is preparing a script and a list of required footage to create this video in Q1. The video is complete and posted on our homepage since the end of May. COMPLETED. 2. Create & Conduct a Neighborhood Survey or Business Survey: A Wildridge Neighborhood survey was conducted in 2020, a town wide Community Survey was conducted in 2021. In 2022 we plan to focus on a business owners survey to solicit input on Town services and pending policy questions. The Business Survey was launched prior to Memorial Day week-end and is open until June 30. As of June 20, we have received 71 completed surveys. 3. Conduct Long Range Avon Vision Process to Replace Former Strategic Plan: A vision document will be created that describes how the Avon community desires to see Avon in 10 to 20 years along with strategic policies to achieve this vision. Staff hopes to present an outline for this process as well as initial data on Avon’s current demographics and development and existing approved development plans by late summer. Staff intends to present a fairly well-defined process with background information before the November election of new Council members to facilitate the next Council’s ability to proceed with a long range visioning process. 4. Review Marketing Strategies and Goals: In 2021 the Town launched a brand new discoveravon.org website. Council expressed concerns about ‘Town capacity’ and not attracting more visitors to Avon during the winter & summer months through marketing. In 2022 staff will reflect on the analytics of the discoveravon.com website and host a Council work session to review and discuss marketing strategies and goals for 2022 and beyond. Completed in work session in January. COMPLETED. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 2 of 17 5. Create and roll out an E-Bike Incentive Program: Council approved an E-Bike Incentive Program in the fall of 2021. Staff is preparing a variety of promotional efforts to get the word out. The goal is to incentivize approximately 125-250 new or used e-bike purchases in the first year and then review performance, functionality and usage with Council in the fall of 2022. Staff has implemented an E- Bike rebate program. Staff provided a report in May on the status of this rebate program and will provide another status update at the July 26 meeting. 6. Implement Department Re-Organization as Approved by the Town Council: Council approved the consolidation of Town departments in the fall of 2021. HR will work on the recruitment of the public works director. General Government will assist with the implementation of the consolidated Public Works department comprising the former departments of fleet, mobility, engineering & facilities and public operations (formerly public works). Phase II of Consolidation was approved by Council at its April 12, 2022 Council meeting. The Public Works Director position is filled since June 6. The Deputy Town Manager position will be filled on June 30. COMPLETED. 7. Expand the Art Around Avon Program: Avon launched the “Art Around Avon” program in June 2021. Staff contracted with 7 artists to create 9 outdoor art works that are displayed in various locations in Avon for a year and then would be replaced each year with new artwork. Staff plans to continue the program and expand it by up to 35 pieces by the end of 2023. Staff has secured a license agreement for locations on Hoffman Commercial properties and Avon Town Square Condominum Association and successfully posted a call for artist proposals and conducted/hosted a citizen review committee. In early June, 19 new Art Installations and 6 new stormdrain decals were installed. The Art Around Avon walk took place on Friday June 10, 2022. COMPLETED. 8. Promote Recycling for Multi-Family and Accommodations Buildings in the Town Core: The West Town Center area has the highest concentration of multi-family and accommodations buildings. Staff will develop a contact list, determine existing practices, organize open house meetings with the building managers, and identify opportunities to promote recycling for these properties. Staff worked on updating the existing information on recycling for Multi-Family and Accommodation buildings in Town Core in June. An overview of Climate Action strategies and activities was presented to Council at the May 10th Council meeting. This goal ties in with goal #11 and Research on Recycling including recycling at Multi-Family and Accommodations Buildings will be presented to Council at the July 26th Council meeting. 9. Research Net Zero Communities: Avon endorses the Net Zero Mountain Town 2030 goals of reducing community greenhouse gas emissions to a “net zero” level. This goal involves researching and presenting the actions, economy and lifestyle of communities that have achieved net zero greenhouse gas emissions. Staff expects to update existing information during the second quarter and plans to present information in the 3rd Quarter. 10. Vehicle Idling Prevention Education: In October 2021 Council discussed vehicle idling prevention and tasked staff to ensure Town employees set the example for the rest of the public. In addition, Council directed staff to action on an educational and awareness campaign that promotes self- enforcement of the State Idling laws. Staff adopted an internal Idling Policy as requested by Council. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 3 of 17 Staff is preparing materials for education this fall and is gathering examples of Idling regulations from other jurisdictions. 11. Analyze a Recycling Ordinance: Research recycling ordinances from other communities, prepare recycling ordinance with options, stakeholder involvement plan and implementation for Council consideration. Staff is researching recycling Ordinances from peer communities and is scheduled to present an initial work session on July 26. 12. Analyze all Climate Action Organizations: Create a list of our existing relationships and subscriptions to climate action related organizations and evaluate benefit of those relationships. Staff is compiling this information and will present a written report at an August Council meeting. 13. Develop Avon Recall Ordinance: Prepare a draft ordinance to local implement recall procedures and requirements. First Reading of an Ordinance was presented to Council on June 14 and Second Reading is scheduled for July 26. TIER 2 14. Comcast Franchise Renewal: The current Comcast Franchise Agreement expires at the end of 2022. A cable franchise agreement renewal process typically requires a year. The goal is to review the process in Q1 and conduct the majority of the renewal process by Q3 2022. This work is on hold. The existing Franchise Agreement automatically extends with the current terms under the federal Telecommunications Act. 15. Update Procurement Code: The existing Procurement Code was adopted in 2010. Staff has a working draft of a revised and updated Procurement Code to present to Council at the end of February. Adoption of the revised Procurement Code would occur by Resolution. Staff plans to bring an updated Procurement Code to Council in the 3rd or 4th Quarter. 16. Trademark Logos and Names: Identify various logos, marks, event names and tag lines used for Avon’s brand and file appropriate action to trademark and protect this branding and marketing intellectual property. Staff is working on identifying logos and names in June and hopes to proceed with protecting logos and names by the 3rd or 4th Quarter of 2022. 17. Research Community Engagement Platforms: Council approved the “Bang the Table” Community Engagement Platform in fall of 2020. Staff has made the decision to transition Engage Avon content back to the Town of Avon municipal website at the end of 2021 due to the lack of community engagement and platform difficulties/limitations. In 2022, Staff will research different platforms with a focus on ease of registration and formatting flexibility. Staff hopes to identify appropriate options for a community engagement platform in the 3rd Quarter in order to include with the 2023 budget. 18. Analyze strategies to fill Empty Storefronts in Avon Town Core: Research, present and develop strategies to fill empty commercial spaces in the Avon Town Core. Staff hopes to initially address this topic at a future Council retreat. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 4 of 17 FINANCE TIER 1 1. Oversee EPS Financial Analysis updates: In 2018 EPS prepared a study for the Town - a Peer Community Comparison of Revenues, Budgets and Services and As esessment of Real Estate Transfer Tax Impacts. The Town has entered into a contract with EPS to update the information in the 2018 Study to continue to inform staff, elected officials, and interested residents on Avon’s revenue, tax, and fee levels compared to other areas. Staff expects a draft of the report from EPS the 3rd week of May and is planning a presentation for Council at the June 14 Council meeting. Update June 23 – Staff has reviewed the draft of the report and is currently providing comments. Final draft is due first week of July. Finace Committee is expected to review draft report on July 20 and presentation to Council of final report on July 26. 2. Continue to review and revise accounting procedures and internal controls to best utilize the functionality and efficiencies of the Tyler Incode ERP system: In 2021, the Finance Department implemented a comprehensive ERP system that included modules for general ledger and funding accounting, cashiering, purchasing, accounts payable, accounts receivable, personnel management, payroll administration, fixed assets, project accounting, bank reconciliations, and position budgeting. The implementation was intense and left little time for anything but the implementation itself. In 2022, the Finance Department staff will review and revise its policies and procedures to document the functionality and controls that it now has with the ERP system. One important improvement has been implemented so far in 2022 related to procurement and purchasing. Employees entering requisitions for procuring commodities and services are required to attach documentation regarding quotes, bid documents, sole sourcing, etc. pursuant to the procurement code. The other improvement is currently in progress and related to the implementation of the Tyler Executime timekeeping module. This module will replace the Kronos timekeeping system and will ease the burden for employees entering their work hours, jobs and projects, leave requests, etc. The system allows for remote access via cell phone with GPS fencing and will reduce the number of physical timeclocks required. Executive also integrates directly into our Incode payroll administration system and will reduce the amount of time required in Finance for payroll processing. Update June 23 – This objective is ongoing. Due to staff shortages the objective to best utilize the Tyler Incode system is taking longer and will likely continue well into the future. 3. Continue to collaborate with other Departments to establish best practice use of Incode: Finance Department staff will be holding training sessions with certain users of the Incode software to ensure that they are adequately trained on the software and on Town procedures. The first such training will be on purchasing and procurement. Due to the shortness of Finance staff at the moment we have not had an opportunity to hold any training sessions yet. After the audit we will ge this on the schedule. Update June 23 – Still anticipating holding training sessions this summer. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 5 of 17 4. Implementation of Town-wide Executime timekeeping software: Implementation of a new Tyler Executime timekeeping system has already begun. The new system ties directly into the Incode ERP and will eliminate many of the issues that users have had with our old Kronos system that was complicated, unintuitive and cumbersome. As mentioned above, the implementation of Executime is in process. Estimated cutover date is this fall. Update June 23 – Awaiting new time clocks that will replace the Kronos time clocks. Upon arrival testing will begin on the new clocks. 5. Implementation of Short-term Rental Tax: Implementation of the Town's recently adopted 2% short-term rental tax has already taken place. As soon as the ballots were counted and staff was notified that the question passed, communications went out to the short-term rental licensees along with the Online Travel Companies to inform them of the effective date of the tax. In addition, Town staff worked with MuniRevs to revise our online forms and their back-office accounting to receipt-in and track those remittances as they come in and to deposit them in the Town's Community Housing Fund. The short-term rental tax has been implemented and is set up in MuniRevs. COMPLETED. 6. Refresh of production Storage Area Network appliances: Town current has two Storage Area Network (SAN) appliance that were purchase in 2016. All production data is saved on these two appliances. The appliances reside in separate locations and are configured to replicate data between themselves. Replication is key to the Town’s disaster recovery plan. The SAN appliances End of Support was December of 2021. The replacement appliances have improved performance and provides the additional dataspace for the Town’s future needs. The storage appliances have been ordered. Delivery is estimated to be 3rd quarter of 2022. Updated June 23 – No change still awaiting delivery. 7. Implement Microsoft Teams replacing Skype for Business: 2020 Microsoft announced that cloud version of Skype for Businesses end of life was July 2021. Although Microsoft was going to continue to support hosted version, support would be ending soon. In 2021, to help with working remotely and holding web conferencing the town implemented Teams conferencing. In addition, the Town’s Skype for Business that was implemented in 2016 was due to be refreshed in 2022. Therefore, the next step is to migrate to full version of Teams. The Town’s network consultants are currently establishing a test circuit to Microsoft for testing the circuit. June 23- testing still ongoing. 8. Refresh seven network switches: This is standard replacement cycle of system network switches. Life cycle of network switch is between 4 and 7 years depending on model and environment. The switches have been ordered. Delivery is estimated to be 3rd quarter 2022. Updated June 23 – No change still awaiting delivery. 9. Research and Support Consideration of Use Tax and Marijuana Tax: Council expressed interest in researching and considering both a Use Tax and Marijuana Tax for potential referral to the November, 2022 general election. Finance staff is presenting a report on use tax to Town Council on May 10. COMPLETED. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 6 of 17 10. Analyze RETT exemptions & Revenues: Prepare an analysis on RETT exemptions and RETT revenues for the next decade. This project has not yet been started. June 23 - No further updates at this time. TIER 2 11. Implement Broadband improvements as directed by Council: The Broadband planning project was primarily completed at the end of 2021. The remaining task is presentation of a report by HR Green to the Avon Town Council. Based on the Council's feedback and direction, the 2022 workplan for this item will be updated. The Town Manager and IT Manager will be meeting later this month with Brandy Reiter, the new Director of Broadband for the State of Colorado, to discuss available grant funds. A final presentation of the HR Green Broadband report is yet to be scheduled for Council. June 23 - No further updates at this time. HUMAN RESOURCES TIER 1 1. Implement Human Resources Information System (HRIS): Working closely with Finance and IT, complete the identification and purchase of an HRIS system. Then, complete implementation. Staff has identified Bamboo as a cost effective subscription based HRIS system. Staff is planning to schedule implementation of this new HRIS system in late summer and early fall. 2. Assist with Recruiting New Public Works Director: Work with Town Manager to identify, recruit, hire and onboard a Public Works Director. Town retained the services of Prothman Company, a recruiting company, who sent a hard copy of our recruitment brochure to all public works directors west of the Mississippi and posted the job advertisement on all major job listing outlets. We have conducted interviews of two eligible candidates. 3. Conduct Biennial Comparator Salary Survey: This will include gathering primary research from comparator communities, districts and agencies, analyzing the data, setting out changes in pay ranges, and implement corresponding pay increases on schedule. Staff is currently conducting this process. 4. Implement Public Service Training: Identify and engage a trainer, develop and adopt uniform standards, expectations and skills for all Town employee interactions with the public, and deliver training to all fulltime employees. Develop a Train the Trainer for Rec and Mobility to include this content in onboarding for seasonal or part-time employees. Staff expects to introduce this program in the 3rd quarter. 5. Implement High Quality Leadership Training: Identify and engage training sources to deliver impactful training ranging from Supervision 101 to Leadership Development via ICMA. Deliver this training for all directors, managers, superintendents and supervisors. Staff expects to introduce this program in the 3rd quarter. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 7 of 17 6. Update ADA Coordinator Resolution. Update the 1993 Resolution which sets forth designation and duties of the ADA Coordinator and present the Resolution to Council. COMPLETED: An updated Resolution was prepared and presented to Council at the May 24, 2022 Council meeting. COMMUNITY DEVELOPMENT TIER 1 1. Establish a Climate Action Investment Matrix: Avon appropriates and invests funds every year to implement greenhouse gas reduction and advance climate action goals. Establishment of an investment matrix is a carry-over project from 2020. The intent is to summarize various climate action projects, the financial investment for each project, the reduction of greenhouse gas and then provide a comparison of return on investment for various projects. Draft matrix has been updated based upon input from various department directors and contributors. Scheduled for work session in 3rd Quarter. 2. Refine SmartGov Online Permit Software: The new permit and planning application software went ‘live’ April 2021. Now it is time to optimizing the software and workflow processes in place. Community Development will be assisting Public Works with creating a Right-of-Way process through Smartgov to streamline that permit process for continuity. Progress has been made with contractor and parcel uploads. Right-of-Way permits and Grading permits are now live in the system. Additional work in 2022 includes improved reporting for Eagle County assessor’s department. 3. Adopt 2021 International Building Codes: The Town of Avon currently administers the 2015 International Building Codes (Building, Residential, Energy Conservation, Plumbing, Fuel Gas, Mechanical, Fire Code, Property Maintenance, Wildland-Urban Interface) and 2020 National Electric Code. In coordination with our neighboring entities, adoption of the updated 2021 International Building Codes is being pursued. Staff will bring this to the Town Council with adoption by Ordinance, with local exception considerations. This will take action by Ordinance with the Town Council. The regional building officials continue to meet and gather information on code changes and local exceptions. This be scheduled in September and October for adoption. 4. Standardize Referral Process for Village (at Avon) Development Review: The PUD Guide and Development Agreement for the Village (at Avon) requires a referral and comment-only process with the Planning and Zoning Commission. Now that development is picking up in the Village (at Avon) Subdivision, Staff is finding that there may be efficiencies to made with the timing and manner with which referrals are administered. Internal department referrals and PZC referrals earlier in the design process will benefit all future projects. Planning Director Matt Pielsticker has assumed Design Review Board membership for the Village (at Avon) and that will further advance this important coordination effort. Working to schedule a joint Village (at Avon) DRB and PZC work session in 3rd quarter to discuss improved process.. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 8 of 17 5. Advance Community Housing Projects (Swift Gulch, other opportunities): In addition to contract management for design services, the Community Development Department will take a leadership role with entitlements, negotiations, and coordination with other stakeholders. Full design contract was approved by Town Council in March. Soils testing results will be available in June. RFP for pre-construction services were awared to RA Nelson. Financing strategies are being developed. See separate Housing report with updates on all housing efforts. 6. Implement New Records Retention Process for Paperless Files: With the implementation of new permit and planning software comes the challenge of records retention and constructing land use record files at the conclusion of projects and permits. The goal of this effort is to standardize a process that captures relevant application and permit information into the Town’s record keeping software for safe keeping and future inspection. No progress. 7. June Creek Road Emergency Egress: Community Development will continue to lead Town’s efforts to coordinate with the Berry Creek Metropolitan District, Eagle River Fire Protection District, Eagle County Emergency Management, United States Forest Service, and adjacent landowners to explore a formal established emergency vehicle access from Singletree and June Creek Point. See Separate Memo Update with details on work completed and future activites.. 8. Dark Sky Ordinance: The Town of Avon has implemented the Avon Outdoor Lighting Ordinance since 2004. The regulations limit exterior light fixtures over 1,000 lumen output to a “full cutoff” design. The current Ordinance lacks substantive qualitative measures (i.e. foot candle limit for canopy lighting versus parking lot lighting) and any consideration to the potential affects of interior lighting on adjacent properties. Options will be vetted with PZC before being brought through the adoption process with Town Council by Ordinance. No progress. This goal has been deferred due to reprioritization for short term rental regulations. 9. Emergency Notification Planning: Community Development will present the results of further study of an expanded emergency notification system for Mountain Star, Wildwood and Wildridge communities. Implementation of the system will be pursued if community support is received. The Town Council approved a budget amendment, minor development plan application, and contract award for purchase of sirens. Future action will include easement agreements with Eagle River Water and Sanitation District and Holy Cross Electric. 10. Marijuana Licensing: Direction to pursue the potential licensing and regulation of retail marijuana in Avon was received in Fall 2021. Further information will be presented to PZC and Town Council, leading to a possible ballot measure in November. Community Development will lead the zoning, distancing requirements, and development review considerations for these types of uses. Deferred and dependent on November 2022 election outcome. TIER 2 11. Oversee 351 Benchmark/Recreation Center/Pedestrian Mall planning project: Community Development will steer this planning project, which will tie together previous planning efforts and solidify a direction heading forward for these most significant public properties. Community 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 9 of 17 Development will lead with strategic direction, act as a liaison between consultant services, and public engagement. See separate report. 12. Collect Residential Sales Data: Currently, approximately 50% of residences in Avon are occupied by full-time residents as their primary residence. The Avon Community Housing Plan states the goal to preserve this ratio of at least 50% primary residence occupancy of residential properties. In order to monitor and track compliance with this goal, residential sales data should be collected each year to determine the loss or gain in primary residence occupancy as well as to track real estate prices in relationship to affordable and accessible housing. Staff has collected partial data as part of the short term rental review process. 13. Wildridge Covenants: Review Wildridge Covenants with Council and explore options. No progress. Deferred due to other department priorities. RECREATION TIER 1 1. Create Recreation Work Plans: A work plan will be created for each Recreation Division: Aquatics, Community Swim Program, Guest Services, Programs, and Fitness. These goals will focus on bringing the Recreation Department closer to industry “best” practices and standards. The work plans will include seasonal guidance for recreation facilities in Harry A. Nottingham Park. Work plans will be created in the first quarter of 2022. All work plans are being developed and reviewed by Recreation Department staff. These plans will continue to be updated on a yearly basis to ensure quality succession planning for the Recreation Department. All work plans will be completed no later than October 28. This will allow new full-time staff the opportunity to experience a full year of working in their roles. 2. Conduct a Recreation Department Patron Survey: The survey will help guide staff on adjustments made to operations, programming and facility equipment and amenities. This survey will be created in January/February and released to the Recreation Department patrons for completion March/April. The survey was developed from January-March and has been reviewed by the Health and Recreation Committee. The survey collection period is from April 8 – May 13. Results were analyzed and shared at the May 17 Health and Recreation Committee meeting. A work session to review the survey results is scheduled for the June 28 Town Council meeting. COMPLETED 3. Update Whitewater Park Signage: New signage for Avon’s Whitewater Park will include updated activity information be revised according to Town brand standards. Sign proofs will be developed in the winter and installed by May 1. Refer signs to Planning and Zoning Commission. Sign draft requests have been sent to Fine Signs of Colorado to provide a proof. Once received back, signs will be approved by the Planning and Zoning Commission, sent to production and installed as soon as they arrive. Recreation and Public Works Staff are finalizing sign content, location and design. Updated project completion is tentatively set for September 30. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 10 of 17 4. Assist with Improvements to Pocket Parks and Harry A. Nottingham Park: Staff will comment and advise on the implementation of general improvements in all park facilities in the Town as discussed with Council in 2021. Staff have met with the Public Works Department to provide suggestions for improvements to the Town’s three pocket parks and Harry A. Nottingham Park. Staff are using the documents from the October 2021 work session to guide improvements. A written report was included at the June 14 Town Council meeting with updates regarding all potential Harry A. Nottingham Park projects. Spring/Summer updates: Landscaping has been improved at the Wildridge Pocket Park, Harry A. Nottingham Park “Welcome” signs have been updated and replaced, the sand has been replaced at the swim beach and the fence by the sand volleyball court has been replaced and doubled in height. 5. Expand Youth and Adult Programming (Teens and Seniors) and Rebuild Summer Youth Camps: Staff will continue to rebuild and expand youth and adult programming throughout the year with the additions of recreational opportunities in each of our Program Cycles: Winter/Spring (Jan- Apr), Summer (May-Aug) and Fall/Winter (Sep-Dec). Consider adding tennis and pickleball programs for kids. Tiered priority registration, for Avon and Eagle County residents, was implemented for Summer Youth Camps for the first time this Spring. Summer Camp days are currently capped at thirty participants per day until additional part-time staff are hired. The addition of Senior programming includes water and land-based aerobics. The department has also partnered with Eagle County Healthy Aging to offer a group exercise class for patrons age 60 and up. Recreation Programs Division staff offered four Teen specific programs between January – April: Pizza & Plunge, Futsal Spectacular, Gym & Swim and Movie & Popcorn. Unfortunately, all teen events were cancelled due to lack of interest. The Recreation Programs division has met with Mountain Youth, Vail Valley Foundation and YouthPower365 to continue advertising and partnering efforts to offer programs in the future. Staff continues to be in contact with local youth groups and schools to advertise and gauge interest in what type of programs the Recreation Department should consider offering. Staff in the Programs and Fitness divisions developed a fitness orientation designed specifically for teenage participants. The 4-week program runs monthly, and the curriculum includes equipment orientation, strength training, gym etiquette and basic nutrition. There are currently 4 participants enrolled in this program. Fitness class options continue to expand as new staff are recruited and patron participation continue to rise. 6. Replace Diving Board and Remaining Pedal Boats. Refurbish Water Slide Gel Coat and Fiberglass: Staff will work with the Finance Department to ensure all projects and equipment are accounted for in the Equipment Replacement fund. The Pedal boats will be replaced prior to the summer and the diving board replacement and water slide refurbishment will be completed during an Aquatics area shutdown in the spring or fall. The Capital Equipment Replacement Fund (CERF) for the Recreation Department has been audited with the Finance Department. The recreation center diving board broke on April 5. A new diving board was ordered but was lost while in transit. A second diving board was ordered, and it arrived damaged. A third diving board has been ordered and is expected to arrive before the end of June 2022. The diving board platform, which is anchored into the concrete, will be replaced in October when the pool area is shut down for maintenance. Quotes have been obtained from three aquatics restoration companies to resurface the water slide. Additional funding has been allocated to complete this project in October 2022. Staff are currently working with the Engineering Department to 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 11 of 17 confirm the project contractor and timeline. Pedal Boat inventory will be audited, updated on the CERF and sold online via the Public Surplus website. 7. Implement Spanish Language in all Recreation Department Materials: All staff will be encouraged to learn to communicate in Spanish. All print and digital materials will be created in both English and Spanish. Department staff are working closely with the Marketing and Communications Manager to ensure all advertisements are within branding guidelines and are translated accurately for public consumption. This practice will continue through the year and become an expectation of the Recreation Department moving forward. 8. Review Facility Operations to Advance Town’s Climate Action Goals: Add automatic faucets to all sinks, implement composting plan for staff and birthday parties/events held at the recreation center, understand energy consumption and greenhouse gas emissions and propose policies to reduce emissions. Introductory meetings have been setup with the Sustainability Coordinator, Facilities Superintendent and Recreation Department staff to identify areas of improvement within the department and its facilities. Recycling and composting receptacles have been added to Avon Elementary School for use during Recreation Department programs. Composting is available for staff at the recreation center but has yet to be added to the birthday party/event policies and procedures; birthday parties returned to the department’s offerings in May 2022 as staffing improved. Staff will look to implement composting and recycling standard for birthday parties/events in Fall 2022. POLICE TIER 1 1. Train and Implement Intern in Winter Parking Operations: The Police Department started this intern recruitment process in January 2020. We will provide a professional learning environment for our intern to complete the final semester of her criminal justice bachelor’s degree in North Carolina. We will also train her to be able to provide parking management/ enforcement as part of her time here. Additionally, we will actively try to recruit her for one of our open police officer positions. Completed. Ranger Holly Swofford has had an exciting, educational, and fruitful internship with the Avon Police Department. Unfortunately, she also confirmed to herself that she is a home girl and returned back to the mountains of North Carolina to purse a local law enforcement career. 2. Implement Bola Wrap Less Lethal Restraint Equipment: The Police Department implemented a pilot Bola Wrap less lethal tool program in 2021. In line, with our objective to cherish the sanctity all human life, we will transition from the 100 model to the 150 Bola Wrap model in 2022 after completing updated operator Bola Wrap training. We are the only agency thus far in Eagle County to adopt and implement this less lethal tool. Completed. The new Bola Wrap 150s arrived and all officers have been trained in its use and the Bola Wrap 150s have been deployed in the field. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 12 of 17 3. Assist with Wildland Fire Emergency Siren System: The Police Department has been working in concert with the Engineering and Community Development departments on this life saving project. We await a prototype of the Sentry Siren High Power Speaker Arrays (HPSA) warning speaker box, to evaluate as a complimentary alternative to the more traditional siren in some locations across our mountain communities of Wildridge, Wildwood and Mountain Star. When we get a demonstration of the sound speaker, we will make a final evaluation as to the numbers of sirens and/ or speakers, access to power to one or both, to provide the best safety siren alerting coverage for our communities. In progress- partnered with Community Development and Engineering. Two meetings and public hearing were held with Planning and Zoning. Updated quote has been completed. P&Z recommendations are being forwarded to Town Council in May. 4. Transition Police Vehicles to Hybrid Vehicles: The Police Department has embraced our Town wide climate action goals, through building design, energy efficient lighting, increased recycling and furthering those goals through transition to more fuel efficient and less carbon emitting police service vehicles. The Department currently has four hybrid Ford Police Interceptors in service with a further one Interceptor and two Hybrid Ford F-150’s (with the same fuel performance as the Interceptors) arriving in 2022. We will transition the remainder of the fleet as current fleet vehicles come up for scheduled replacement. In progress. One new Ford Inceptor is being currently upfitted with emergency equipment in Denver. The other two Ford Hybrid F-150’s have no current production or delivery dates at this time. PUBLIC WORKS >> ENGINEERING & FACILITIES TIER 1 1. Implement Capital Projects: The Engineering Department manages the design and construction of the Town’s Capital Improvement Program (CIP). Engineering presented a spring overview of Capital Improvement Projects in April. The next overview will be presented at the June 28 Council meeting. 2. GIS Implementation: Drainage, Streetlights, Irrigation: The Town is implementing a new geographic information system that will combine infrastructure data with mapping. The system will enhance tracking of maintenance activities and asset management. Town has entered into a contract with SGM Engineering to conduct GIS mapping of Town’s drainage systems as a first priority. Engineering expects to contract with SGM Engineering by July for additional collection of Town assets. 3. Nottingham Road Drainage Improvements: The Town has experienced periodic flood events on Nottingham Road that close Nottingham Road, Interstate 70 and damage several downstream developments. The Town is evaluating rainfall events and climate change to develop improvements that will reduce downstream flooding. Town’s engineering consultants are developing initial 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 13 of 17 assessments and recommendations for drainage improvements in preparation of apply for grants in November. 4. Improvement Preventive Maintenance Program: The Engineering team will work with Public Operations to develop a new preventive maintenance program. Engineering anticipates presenting a Preventive Maintenance Program in the 3rd quarter. 5. Develop Complete Inventory of Public Assets: A complete inventory of public facilities and capital improvement assets will be finalized and presented to Council for adoption. The inventory will identify the useful life of the asset, remaining useful life before maintenance or replacement, and the estimated cost of maintenance and replacement. A 20-25 year timeframe will be used for this public asset inventory which will better inform the long term capital improvement needs of the Town. Engineering expects to completeS a inventory of public assets IN 2021. The inventory will be updated August to assist in preparation of the 2023 budget. 6. Research Grading and Building Permit Requirements for Large Sites: Research and propose revisions to grading and building permit requirements for large scale development projects to protect the Town against stalled or failed construction projects. COMPLETED PUBLIC WORKS >> PUBLIC OPERATIONS TIER 1 1. Draft, present and adopt a “Level of Service” document for Parks, Landscaping, Snow Storage, Streetscaping, and Trails”: Public Operations will work with the Engineering Department on level of service on New projects and will work with the Parks’ Supervisor and Master Gardener’s on current Landscape beds to create a level of service. Public Operations anticipates presenting a draft document in the 3rd quarter. 2. Pedestrian Safety on the bridge between Liftview and Sunridge: Analyze the existing ice damming issues in this area and propose solutions for improvements to the guard railing and drainage to minimize ice damming. Public Operations is coordinating with engineering to identify solutions during the West Beaver Creek Blvd. construction happening in 2022. 3. Richardson Ground Squirrel Control: Research and implement methods to eradicate Richardson Ground Squirrel use more lethal legal options. Public Operations changed contractor from Orkin to Mountain Pest Control who has applied a rigorous and steady schedule of gassing. They also set out bait boxes with a more aggressive bait where allowed. Public Operations is monitoring the effectiveness of these control methods. Mountain Valley Ventures Pest Control has also been helping with eradication, they have gassed along Eagle Bend Drive as the population is growing in that area. Public Operations will schedule days to use air guns for eradication if required, which will be coordinated with Police Chief. The Park will be closed in these areas when this method of eradication is occurring. ONGOING 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 14 of 17 4. Irrigation Overhaul and Replacement at Harry A. Nottingham Park: Audit irrigation system, design, new system, develop cost estimates and implement in 2023. Public Operations sent out solicitation email to get price quotes for an irrigation audit to help guide both the proposal and begin to design work for the irrigation renovation. Meeting with auditor on June 22, 2022 to go over scope of work and get actual cost. 5. Culvert Maintenance, to clean 100%: Vactor Truck will be ordered now in January and should expect delivery in May or June, once truck arrives, that maintenance will start immediately. The Vactor truck was ordered this spring. Delivery is now expected in 2023, chases are backlogged. The Public Works Department will continue to clean culverts and ditches as we have in the past with current equipment. All culverts from the 2021 mudslides have been cleaned on Nottingham Road with the assistance of the Eagle River Water and Sanitation District. 6. Replace Current Sand at Harry A. Nottingham beach: Order sand late March or April, depending on weather. Will remove current sand soon as weather allows and replace prior to Memorial weekend. Removal of sand was completed before Memorial Day weekend. COMPLETED 7. Replace Split Rail Fence at Harry A. Nottingham Park: Order material end of March and install soon as weather allows, goal is to have completed by June 31, 2022. This project has been deferred. Public Operations planned to complete this project in-house; however, with three existing vacancies Public Operations staff does not have capacity. The price quotes from private contractors were high. COMPLETED FOR 2022 -RESUME IN 2023 8. Climate Action Strategies: Research conversion of gas equipment and mowers with electric versions, including but not limited to blowers, weed-trimmers, and mowers. Public Works has completed their research in cost, weight, operator fatigue, battery life on all equipment. For example, the backpack blowers, are 4 times the weight of a gas operated blower. The technology is fairly new, and availability is minimal. Public Works has asked for demos on all the small equipment and there is nothing available at this time. Testing battery operated blowers currently. TIER 2 9. Design and Install Plantings on South Side of Dam: Will work with engineering to see what type of trees and plants can be planted and design and install in-house with our Master Gardener and Arborist staff members. Currently working with Engineering on survey and what can be planted in that general area, once that is resolved; plantings will happen shortly after. Goal: Completion date June 30. 2022. Going to walk site with Eva to get her opinion if plants will fit between property lines. 10. Conduct Small Scale Bio-Char Pilot Program: Research Bio-Char soil amendments this winter with high emphasis on safety measures, research bio-char production and application. Implement program mid to end of summer. Working with Charlotte, getting advice from her and she’s researching what can be done safely and correctly. Will give another update soon as we hear back from her. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 15 of 17 11. Implement Landscape Plan for Recreation Center: A landscape plan will be developed in-house with Public Operations for spring or summer implementation. Staff will work directly with the Town’s Arborist and Master Gardener to determine feasible and affordable improvements. Drew and I met with Michael on April 13, 2022 to discuss. We discussed the following: adding picnic tables or cut stones to the passive green spaces surrounding the Recreation Center, will budget for those in 2023 unless a budget amendment is approved. Removed weeds from rock area on east side of building. Public Works will make sure that all irrigation is working correctly. Strips along lake street and parking lot, we are still researching what will work best in those areas as there is no irrigation. We will keep it trimmed and sprayed for weeds. We may want to delay any major work on the south side of the recreation center depending on timeline of the Main Street mall. 12. Demonstration Gardens: Design and install 1 or more gardens. (this will likely be constructed in 2023) Currently our Master Gardeners and Park Supervisor are working on locations and ideas for design. 13. Noxious Weed Enforcement: Enforce Avon’s Ordinance of Noxious Weeds. Public Operations is coordinating with the Intern and Code Enforcement to send out an educational mailer to residential property owners on noxious weed management. PUBLIC WORKS >> MOBILITY TIER 1 1. Support the Regional Transit Authority Formation Effort: Staff will continue to support efforts to enhance regional transit service in 2022. The goal is to bring a Regional Transit Authority ballot question in the Fall of 2022. Mobility continues to support the Manager in the RTA Effort. Transit Planning Consultant is preparing costs for Service Goal 1, Fare-free zone and enhance regional transit service. Draft IGA has been sent to CDOT for review and approval. The first round of polling showed >50% support. The second round of polling is scheduled for early July. 2. Present Comprehensive Parking Plan with the Option for a Paid Parking Program: Council provided feedback on public parking in the Town core on Nov 9, 2021. Staff will continue to work with Council, create Avon’s Parking Management Plan, and present plans for implementation of paid parking for such time as when the Council deems paid parking is appropriate. The Parking Management team has interviewed two parking management companies. The contract is scheduled to be awarded by July 1st, 2022. Parking Enforcement is scheduled to begin in Sept 2022 and Paid Parking Management is scheduled to begin at the end of Nov 2022. 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 16 of 17 3. Oversee the Design and Construction of US6 Mobility Improvement Project: In 2021, Staff resolved pedestrian crossings concerns on US6 with CDOT and garnered $2.2M from CDOT and Eagle County for implementation. Staff will continue to manage the design and construction of the US6 Mobility Improvement project. The revised Roundabout (RAB) concept has been approved by the CDOT special RAB team. The concept requires the relocation of the Whitewater/River Force driveway to preserve their left-turn into their development. This will require additional ROW (Right-of-Way) work. The 30% design review with CDOT is scheduled for Aug 2022. The current schedule is to complete the design in Jan 2023 and Construction to start in the Spring of 2023. 4. Partner with Stakeholders on a Regional E-bikeshare Program: 2021 partnership with Vail to garner grant funds for a regional e-bikeshare program did not succeed. Staff will continue to work with Vail and other local stakeholders on a regional e-bikeshare program. There is $50,000 in the 2022 budget for a bikeshare program. The regional ebikeshare program was launched on June 7, 2022, The ebikeshare program is scheduled to end on Oct 1st, 2022. 5. Implement Electric Buses into the Avon Transit Fleet: Staff will continue to oversee the acquisition and establishment of two new electric buses in Avon’s Transit Fleet, including required electrical upgrades and determining appropriate routes and schedules for use of electric busses. The two electric Proterra Buses were implemented into service on Saturday, June 11, 2022. COMPLETED. 6. Tennessee Pass Railroad Project: In 2021, the Surface Transportation Board (STB) denied Colorado Midland and Pacific Rail Company’s (CMPC) request to operate train service through the expedited Class Exemption process due to the complexity of their proposal and the required environmental impact review. Staff will continue to monitor any proposed activities for the Tennessee Pass Railroad. Mobility continues to track activities related to the Tennessee Pass Railroad Line. Eagle County is challenging the Utah rail line’s approval. The US Surface Transportation Board approved an application for a new rail line to run from oil fields to the national rail line that runs roughly parallel to I-70 and the Colorado River. 7. Avon Road Multimodal Operations Evaluation: The network of 5 Roundabouts on Avon Rd has multimodal operations concerns. Pedestrian safety is paramount. Staff will evaluate the multimodal operations on Avon Road and overall design to determine potential improvements and reconfigurations. The Avon Road Multimodal Operations Assessment Task Order was issued on May 26, 2022. Deliverables for the Assessment are scheduled for Nov 2022. PUBLIC WORKS >> FLEET TIER 1 1. Balance Expenses with Revenues by End of 2022: Staff will continue efforts to balance operational revenues with expenses in the Fleet Department and will establish a plan to achieve break-even financial status by the end of 2022 (i.e. for the 2023 budget). Fleet has put in place a way to track operational revenues and also track technician billables and accountability. With 2nd QUARTER UPDATE 2022 Department Work Plan Adopted February 22, 2022 Page 17 of 17 this information we can formulate a set goal to make this achievable from here on out. Monitoring it monthly, to follow trends and track patterns. 2. Implement Vehicle Acquisition Procedure that Requires Consideration of Greenhouse Gas Generation: Fleet will implement vehicle purchasing procedures to require analysis of green house gas emissions and Town reduction goals for all vehicle purchases. This is a work in progress, have two electric F150’s in the works, waiting to hear back from Dodge on hybrid trucks, and waiting VW to bring an ID.4 demo to the town – hoping to hear back from them this month. Have not ran any greenhouse emissions reports yet. Submitted a requisition to order 2 Toyota Highlander hybrids last month, and completed the Greenhouse Gas Matrix. Met with Charlette last month to discuss further and open this line of communication. 3. Prepare 5 Year Plan for Vehicle Replacement that Prioritizes Reduction of Greenhouse Gas Emissions: Fleet will also work with other Departments about their needs, and accommodate this into the new vehicle acquisition procedure. Fleet will also work with other departments about their needs, and accommodate this into the new vehicle acquisition procedure. This goes hand in hand with #2, we have been having meetings with all departments about their needs for this year as well as next year. Still need to come up with a plan further than one year out. 4. Eliminate Obsolete Inventory: Fleet will evaluate all inventory, and purge what is not necessary, no longer needed or obsolete. This inventory will either be returned to vendors, sold to customers, or auctioned off. Fleet will use best efforts to sell or donate all surplus and avoid sending materials to the land fill. This was on hold until the ski season is over, and once we hire a parts specialist – they can also assist with this task. Parts Specialist has been hired! Working on training, once he is up to speed this goal will be put into action. This task will begin this month. 5. Inventory/Repair/Replace All Shop Equipment: Fleet crew will take an inventory of all shop equipment. We will then analyze which all equipment needs to be repaired/replaced and list in order of priority. Fleet crew will take an inventory of all shop equipment. We will then analyze which all equipment needs to be repaired/replaced and list in order of priority. No action yet on this, the first step is to get the inventory list together, waiting until we are out of the busy winter season. Now that we are fully staffed, we were waiting for the ski slopes to close before we begin this process. This task will begin this month. 6. Implement Incentive Compensation for Mechanics: Fleet will put together a process for tracking the technicians’ billable hours, then create some form of compensation to create and inventive to improve productivity. Fleet will put together a process for tracking the technicians billable hours, then create some form of compensation to create an incentive to improve productivity. Work in progress, found the proper way to run the billable hours reports, and created a spreadsheet to track this. Fine tuned the spreadsheet, and still need to discuss with Eric/Finance the details of how we plan to compensate for achieving billable hours. Work in progress, just need to create a final plan. 970.748.4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: Recreation Department Summer Programming Update DATE: June 21, 2022 SUMMARY: This report provides an update on all Recreation Department summer programs. The Recreation Department is proud to be increasing program opportunities for the Avon community as staffing, facility space and budgeting allows. BACKGROUND: General program offerings continue to rebuild following two years of adapting to the constraints that the COVID-19 pandemic brought on. Staff continue to work hard to provide quality programs and expand offerings at a sustainable rate. As of May 22, 2022, a ll part-time, entry level positions within the Recreation Department start at $20.00 per hour. Since this pay rate adjustment occurred, staff have received an increased number of job applications for various positions in the department. As the department recruits quality employees, staff are optimistic that our programs will continue to grow at an exponential rate. SUMMER PROGRAM OVERVIEW: A summary of current Recreation Department summer programs are described below. Swim Lessons: The Recreation Department has been able to double its swim lesson offerings for the summer months. Group swimming lessons continue to be offered two evenings per week and are now available four mornings per week. Weekend swimming lessons are still suspended due to staff shortages on Saturdays. With the addition of water safety staff, the private swimming lesson program is now reinstated as well. In May, staff were able to offer discounted swimming lessons to all 1 st, 3rd and 5th grade classes at Avon Elementary School. The department continues to seek partnerships to promote free or discounted swimming lessons to local schools and community groups. Swim Team: The Avon Swim Club practices 5 days per week and currently has about 40 active swimmers participating in at a Recreational, Age-Group or Competitive level. In addition to the competitive USA Swimming meet schedule, the swim team participates in a summer recreational league with several local pools including: Eagle-Vail, Mountain Recreation, Vail Swim School, Sonnenalp Club, Glenwood Springs, Meeker and Silverthorne. The competitive team has 8 swimmers who have qualified to swim at a national zone swim meets which will take place in July and August. Page 2 of 3 Nottingham Lake Swim Programs: The Dunk-N-Dash Race Series returns on Monday evenings beginning June 26 and staff expect to see 15-25 participants each week. Drop-In Open Water Swim will run on Thursdays from 5:30 p.m. to 7:00 p.m. from June 16 through August 11 and staff expect to see 10- 20 participants each week. Nottingham Lake Swim Programs end with the Open Water Swim Championships on August 13-14. Staff expect to host 100-150 athletes from 10-15 USA Swimming clubs from around the state. Certification Classes: The Recreation Department offers several job specific certification courses through the American Red Cross. Classes offered this spring and summer include Lifeguarding, Lifeguarding Instructor, Water Safety Instructor and First Aid/CPR/AED. This spring, staff were able to certify 13 Lifeguards, 1 Water Safety Instructor and 10 community members in First Aid/CPR/AED skills. Staff are also partnering with Colorado Pool + Spa Scapes to offer a Certified Pool Operator course at the Recreation Center on June 30 and July 1. Fitness Programming: Fitness classes continue to grow, and the department is currently offering about 25 classes per week, which include classes at the outdoor Fitness Court and Yoga in the Park. Staff introduced a new fitness program called StrongTeen which is for teens ages 13-17 years old. This class is an all-in-one introduction to equipment orientation, strength training, gym etiquette and basic nutrition. StrongTeen is a 4-session program that runs monthly on Saturdays. Recreation Center rules allow children age 15 and older to use the fitness areas. This program allows teenagers who are ages 13–14-years old to gain full access to the fitness area upon program completion. Youth Programming: The Recreation Department summer day camps are all at capacity and can accommodate 26-30 children per day. Participant numbers are determined based on the state licensure requirements and qualified number of staff available. Due to staff shortages the department cannot accommodate the 10-25 children that are on the day camp waiting lists. The summer camp program is still rebuilding due to qualified staff shortages; however, new counselors have been hired to gain experience Page 3 of 3 working with children and are expected to be “Lead” qualified for summer 2023. Due to transportation and qualified staff constraints, when the summer camp has a scheduled field trip the maximum number of children is capped at 26. On days where the camp does not travel, the number of participants is increased to 30 children. The Father’s Day 2k fun run was on June 19 where staff saw a small group of families participate and enjoy refreshments and a craft post-race. Pictures of summer camp field trips to Rifle Falls State Park, Indoor Rock Climbing and Avon Library! Adult Programming: Due to the park court reconstruction, the department is offering drop -in sports throughout the summer. Monday and Wednesday nights, pickleball has an average of about 10 people per night. Thursday nights, basketball has an average of 10-15 people. The department recently reintroduced a 2 on 2 Sand Volleyball League on Tuesday nights from June 21st – August 9th, with 6 teams currently signed up. Thank you, Michael ATTACHMENT A: Avon Recreation Center Group Fitness Schedule June 19-25 Friday Saturday *Yoga For Stiff People 9:00 AM Jodie -Classes are included with Membership, Punch Card, or Admissions -Classes with $ do cost an additional fee. Please click on class for more details. - Classes with * will be held in the Park; Rec Center West Lawn or Harry A. Nottingham Fit Court Thursday Pilates 10:15 AM Carla HIIT 6:15 AM Christian Slow Flow Yoga 1:00 PM Wendy Water Aerobics 9:30 AM Barb Pilates 10:00 AM Carla Body Barre 5:30 PM Adryen Oula 7:00 PM Cami TuesdayMondaySunday Vinyasa Yoga 8:30 AM Samantha. E HIIT 6:15 AM Christian Wednesday Spin 7:00 AM Nancy Spin/Sculpt 8:15 AM Nancy Yoga For Stiff People 9:00 AM Jodie Body Barre 10:15 AM Breanna Spin 7:00 AM Beth Vinyasa Yoga 8:30 AM Samantha. E Water Aerobics 9:30 AM Barb Oula 7:00 PM Samantha. R Spin 6:15 AM Christian Yoga For Stiff People 9:00 AM Jodie Healthy Aging 10:00 AM-12:00PM Mia Power of Emotion - $ 6:00 PM Kristi HIIT 5:45 PM Christian Rhythm Renewal 9:00 AM Kathy.M Stretch FlowYoga 4:00 PM Alexa Body Barre 5:30 PM Adryen Stretch FlowYoga 12:00 PM Alexa *Slow Flow Yoga 1:00 PM Wendy *Fit Court Interval 5:30 PM Breanna/ Christian Yoga for Stiff People: Yoga Flow with the purpose of stretching with intention and mindful breathing. This gentle and effective approach to yoga will ease you into strength and flexibility through the use of breathing, props, and a variety of modifications of traditional yoga. Slow-Flow Yoga: Yoga doesn’t have to be fast to be a fun and effective, full body and mind workout. During each Slow-Flow class we practice three of the eight limbs of yoga; breathwork, poses and meditation. As one pose flows into the next we gain strength, focus and flexibility. Each pose is coordinated with breathing and focused gaze for developing concentration. Slow-flow yoga is appropriate for all yoga practitioners, as modifications are provided throughout the class. Barre Body Weight: This resistance training class is a barre inspired workout, using body weight and light weighted movements to target the muscles in the arms, thighs, glutes and abdominals. The point of fatigue then stretch them for the relief, combining strength training, core and stretch sequences that will sculpt the body. Pilates: A powerhouse punch for you! Targeted exercises for strength, power, control and flexibility. Gain a renewed sensation of support in your legs and arms. Bring plenty of padding for this class, multiple layers of yoga mats are suggested. Spin: Join us for an hour of indoor cycling that will challenge all levels of athletes. Classes combine a variety of endurance riding, strength, speed, and hill training to improve your overall fitness. Bike shoes and shorts are recommended but not required. Spin & Sculpt: This 45-minute class will challenge all levels of athletes. It includes power indoor cycling with intervals using weights and body sculpting, off the bike. Bike shoes and shorts are recommended but not required. Water Aerobics: Water Aerobics is a low impact whole body conditioning that is good for your cardiovascular health and super fun and social. Takes place in the Diving Well, all equipment is provided. Oula: Merges high-intensity cardio with easy to follow choreography, mindfulness practices, and a culture of inclusivity - all to an energetic pop soundtrack. Every Oula class empower participants to challenge their bodies and process their emotions through music, movement, and, most importantly, a community connection HIIT: High Intensity Interval Training Vinyasa Yoga: emphasizes the sequential movement between postures, coordinated with and guided by mindful breath. This class is a moving meditation that creates strength, freedom and fluidity in the body and mind. As we ride the waves of breath in our Yoga practice, we learn to ride the waves of change in our lives with more ease.All levels are welcome to join this vigorous practice in finding one's state of flow Rhythm Renewal: Ready to kick-start your metabolism, workout your muscles and enjoy the beautiful scenery? Join me on a fun, rhythmic walk to wake up your body and mind. We’ll walk (dance and jam would be more accurate) for an hour around Avon Lake and stop along the way to give your arms, waist and derrière some extra special attention, all while groovin to some upbeat tunes. This is a fun way to start your day! Class Descriptions: 970.748.4413 matt@avon.org Page 1 of 4 TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: 2022 Construction Activity Update DATE: June 20, 2022 SUMMARY: This report provides a snapshot update of current construction activities occurring throughout Town, with more detailed information provided on the larger jobs. Year to date, the Community Development Department has issued 94 permits with a total construction valuation of $204,199,048. Total fees collected this year so far total $44,383 for Exterior Energy Offset, $724,416 for Building Permits, and $468,041 for Plan Review. The remainder of this report includes descriptions and updates on the largest active construction projects in Town: Frontgate, Eagle River Water and Sanitation Wastewater plant, Dual- Brand Hotel, and One Riverfront. A map of current major new construction or addition/remodel permits is attached (“Attachment A”) to this report. FRONTGATE: After receiving approvals and full building permit, the construction team quickly mobilized in May. Excavation of the entire Condominium portion of the project is complete and underground utilities are currently being installed. Excavation has commenced for the townhome site and will be complete by mid-summer 2022. The upper section of the Shoring Wall has been reformed with a finish coat to represent a natural rock landscape. As of June 15, the Contractor has formed and poured 28 building footers while completing the western portion of the shoring wall. These were all critical milestones to prepare the site for crane mobilization and commencement of precast erection which will occur in late June 2022. The installation of precast will occur through the fall. LINK to more info HERE 970.748.4413 matt@avon.org Page 2 of 4 EAGLE RIVER WATER & SANITATION: The construction contractor for the Avon Wastewater Treatment Facility Nutrient Upgrades Project mobilized on May 4, 2020 to upgrade the facility to meet Colorado Department of Public Health and Environment regulations and to replace aging infrastructure. Construction of the new secondary clarifier basin, carbon scrubber odor control, new aeration basins, and one half of the modifications to the existing aeration basins have been completed. Improvements to the headworks, grit system, and primary clarifiers are also complete. The remainder of the project, including the modifications to the existing aeration basin, equalization system, HVAC, pumping systems, and landscaping, is expected to be completed on schedule by the end of 2022. 970.748.4413 matt@avon.org Page 3 of 4 DUAL BRAND HOTEL: With project permits in hand, RA Nelson mobilized to site in late May. Work has included clearing and preparing the project site located at 1782 Swift Gulch Road. Site excavation is underway and the building foundation system and consisting of micro piles, piers, footings, and grade beams are scheduled to begin in the coming month. Site utility trenching has also begun, and key building services will be stubbed to the site this summer. Critical foundation work will continue in the summer months allowing for vertical construction to begin by the end of this year. The 4 story 130,000SF structure is comprised of insulated concrete form (ICF) exterior walls and traditional type 5 wood framing within. The site will be home to a 243 key dual branded Marriott Springhill Suites and Towneplace Suites hotel, set to open in early 2024. LINK to more INFO HERE 970.748.4413 matt@avon.org Page 4 of 4 ONE RIVERFRONT: The first phase of the construction began last July which consisted of 13 Townhomes, underground level of parking and related sitework. The Contractor, Evans Chafee, encountered voids in the soils which necessitated that 9 of the Townhomes to have the foundations supported on micro-piles as well as the parking garage. That was completed in May and the units/garage will complete in December through April of 2023. The second phase consisting of 40 condominiums will start in July. The construction is anticipated to complete in the early winter of 2024. This is the final phase of Riverfront Village. All 13 Townhomes are sold as well as 35 of the 40 condominiums. LINK to more info HERE Thank you, Matt ATTACHMENT A: 2022 Active Construction Permit Map ACTIVE PERMITS 2022 MOUNTAIN STAR New construction Additions/Remodels NOTE: May be a single unit within the parcel or building or multiple units within the same parcel or building WILDRIDGE 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, JUNE 21, 2022 - MEETING BEGINS AT 5:00 PM 100 MIKAELA WAY – AVON TOWN COUNCIL CHAMBERS – AVON TOWN HALL 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 5:00pm. A rollcall was taken, and all commissioners were present with the exception of Commissioner Nusbaum and Commissioner Golembiewski. Also present were Town Manager Eric Heil, Planning Director Matt Pielsticker, Senior Planner Jena Skinner, and Planner 1+ Max Morgan. ACTION: Commissioner Sekinger made a motion to elect Commissioner Lang as interim PZC Chairperson for the meeting. Commissioner Schaeffer seconded the motion, and all were in favor. The motion passed unanimously with a 4-0 vote, with Commissioner Lang recusing herself from the vote. 2. APPROVAL OF AGENDA ACTION: Commissioner Lang made a motion to approve the agenda as published from the previous meeting - May 3, 2022. The motion was seconded by Commissioner Sekinger, and all were in favor. The motion passed unanimously with a 5-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM There were no conflicts or ex parte communication. 4. WORK SESSION / DEVELOPMENT CODE PROCESSES (PLANNER 1+ MAX MORGAN) 5. CONSENT AGENDA 5.1. Major development plan and alternative equivalent compliance approval of one year extension request- single-family home on 5091 Wildridge Road ACTION: Commissioner Hyatt made a motion to approve the extension. Commissioner Schaeffer seconded the motion. The motion passed unanimously 4-0. Commissioner Sekinger recused himself from the meeting at 6:02pm, prior to presentation of the consent agenda. 6. STAFF APPROVALS 6.1. Roof Photovoltaic at 2821 Ked Spur, Wildridge 6.2. Minor Development Review of the Landscaping Plan for 1910 Hurd Lane 7. STAFF UPDATES 7.1. Short Term Rental Regulations 7.2. Springhill Suites & Townplace Suites Hotel Approved 7.3. Landscaping Regulations 7.4. Sirens Ordinance 2 8. ADJOURN ACTION: Commissioner Hyatt made a motion to adjourn the meeting. Commissioner Lang seconded the motion. Meeting adjourned at 6:22pm. THESE MEETING NOTES 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN 970.748.4413 matt@avon.org Page 1 of 2 TO: Honorable Mayor Smith Hymes and Avon Town Council FROM: Matt Pielsticker, AICP, Planning Director RE: June Creek Emergency Route Status Update DATE: June 16, 2022 INTRODUCTION: This report provides planning updates for the project to improve the June Creek route connecting the Wildridge and Singletree communities. The goal of the project is to enhance the route for vehicular egress and/or ingress in the event of emergencies such as wildland fires. Currently, a portion of the route between United States Forest Service (USFS) property and Singletree prohibits vehicular use. Wildridge contains one paved access road in and out. The alternative route leaving Wildridge involves steep 4WD forest roads that can be difficult to navigate and take extended periods of time to traverse. Vehicle ingress and egress in the event of an emergency would be a significant improvement. Included in this report is a summary of work completed to date along with next steps identified. ROUTE: The route (“Attachment A”) travels approximately 6,000’ and passes through several properties with different ownership (“Attachment B”). Starting in Wildridge, the route passes through two private properties within a platted access easement. It then travels along three USFS Route sections: 717.1B, 717 (“June Creek Road”), and 717.1A. The route then enters June Creek Trail, a non-motorized, non-system USFS trail. It goes through the corner of the West Avon Preserve, owned by Town of Avon. Lastly, the route passes through two Berry Creek Metropolitan District open space tracts before connecting with Singletree Road. A small section of the trail near Singletree Road is currently located on private property. This project proposes to shift the small section off private property as noted below. See attached (“Attachment C”) images of entrance to current non-motorized sections. WORK COMPLETED: To date, work completed on this project includes: • Land Survey of route as it travels through Berry Creek Metropolitan property • Engineer-Designed grading and retaining wall schematic level improvement plans (“Attachment D”) for first ~300’ from Singletree Road. • Colorado Parks and Wildlife consultation. Seasonality of construction activities and protection of riparian resources are considerations. • Army Corps of Engineers consultation. The route is outside the 100 year flood zone and no permits will be necessary from Army Corps, however, wetlands must be delineated. • Eagle River Fire Protection District consultation and support received. • Presentation to Berry Creek Metropolitan District and Singletree Property Owners Association. Concerns were voiced with maintaining area as non-motorized, construction costs, and on-going maintenance. • Pre-Application meetings (“Attachment E”) with Eagle County Planning and Engineering staff for required Location and Extent Application. • USFS consultation with local Holy Cross Ranger District staff. Town was advised (“Attachment F”) that 970.748.4413 matt@avon.org Page 2 of 2 NEPA process would be required. Additionally, a SF299 application for transportation improvements on federal land, and potentially a special use permit and access easements. • Meeting with Berry Creek Metropolitan District and request for authorization to proceed through Location and Extent land use process (June 28). NEXT STEPS: • Eagle County Location and Extent • Drone Survey of entire route as part of Eagle County and other process(es) • NEPA • Easement and Agreement from Berry Creek Metropolitan District • USFS Application and Special Use Permit; possible easements • Final Construction Plans • Contractor procurement • Construction Thank you, Matt ATTACHMENTS: A. Route Map B. Ownership Map C. Photographs of Non-Motorized Entrances D. Grading and Retaining Wall Plans E. Eagle County Pre-App Summary F. USFS Pre-App Summary ATTACHMENT A Limit of Grading Improved Access SITE Emergency Access At June Creek/Wildridge Location and Ownership Map ATTACHMENT B Emergency Access At June Creek/Wildridge Location Images At Singletree Road At June Creek Trailhead ATTACHMENT C SHEET NO. SHEET TITLE WI L D R I D G E E M E R G E N C Y E G R E S S SI N G L E T R E E R O A D & J U N E C R E E K TR A C T D , B E R R Y C R E E K R A N C H F I L . # 3 ED W A R D S , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 2 6 2/ 2 8 / 2 0 2 2 811 SITE PLAN C1 ATTACHMENT D SHEET NO. SHEET TITLE WI L D R I D G E E M E R G E N C Y E G R E S S SI N G L E T R E E R O A D & J U N E C R E E K TR A C T D , B E R R Y C R E E K R A N C H F I L . # 3 ED W A R D S , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 2 6 2/ 2 8 / 2 0 2 2 811 OVERALL GRADING PLAN C2 ATTACHMENT D A B C A B C Section A-A Section B-B Section C-C SHEET NO. SHEET TITLE WI L D R I D G E E M E R G E N C Y E G R E S S SI N G L E T R E E R O A D & J U N E C R E E K TR A C T D , B E R R Y C R E E K R A N C H F I L . # 3 ED W A R D S , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 2 6 2/ 2 8 / 2 0 2 2 811 DRAINAGE PLAN D1 ATTACHMENT D © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS SHEET NO. SHEET TITLE WI L D R I D G E E M E R G E N C Y E G R E S S SI N G L E T R E E R O A D & J U N E C R E E K TR A C T D , B E R R Y C R E E K R A N C H F I L . # 3 ED W A R D S , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 2 6 2/ 2 8 / 2 0 2 2 811 SITE PLAN WITH AERIAL EX-1 ATTACHMENT D Community Development David McWilliams 970-328-8752 david.mcwilliams@eaglecounty.us www.eaglecounty.us March 24, 2022 Matt Pielsticker PO Box 975 Avon CO 81620 [Via Email - matt@avon.org] Re: Revised 3/24/22 Summary for PreApp 644 - Berry Creek Trail Mr. Pielsticker, Per the Eagle County Land Use Regulations (ECLUR), Section 5-210.C.5, please accept this letter as the written summary of the pre-application meeting. The following summary represents the proposal details, process overview, and next steps from the land use pre-application meeting for the proposed use changes for Berry Creek Trail on March 24, 2022, as noted by the Eagle County Community Development Team. Summary of Proposal: Town of Avon has identified the Berry Creek Trail as a potential secondary emergency egress point from the Wildridge neighborhood. To gain access, modifications in the form of widening and retaining walls will be necessary on Berry Creek Metro District property. Address or Parcel Number: Parcel No. 210503101032 Zoning:PUD - Berry Creek (a.k.a. Singletree) Existing Use:Open Space Information, Studies, Reports, Required for Location Extent Application: - Completed application: The applicant should be the property owner, but an authorization for another party to represent the ATTACHMENT E Required:owner in the application may be provided. - Narrative: A narrative detailing the overall concept and purpose of the improvements as well as discussing conformance with applicable standards of the ECLURs. - Detail ingress / egress and demonstrate how one-way only traffic during an emergency will be accomplished along the Wildridge to Berry Creek corridor as a whole. While this application only “touches” a small part of unincorporated Eagle County, it is important to know that the limited improvements will be able to support the (one-way) capacity proposed. - A plan for the ongoing maintenance of the corridor through the site. A public access easement or other mechanism should be included. - Site Plan: A site plan showing existing site features, areas of impact including existing and proposed contours/slopes, property lines, setbacks, hazard areas, easements, access points, any structures/appurtenances, landscaping, fences, signs, and any other pertinent site data. Design drawings, profiles, and sections showing conformance with ECLUR Section 4-620 Roadway Standards should be provided per discussion below. Recommended for Location Extent Application: - Please address ECLUR Section 3-340.C.6 Stream Setback and Water Resource Protection: “For the purpose of protection water resources, including wetland and riparian areas, the following shall be observed in all zone districts: a 75 foot strip of land measured horizontally from the high water mark on each side of any stream, or the 100 year floodplain, whichever provides greater separation from the stream, shall be protected in its natural state.” It appears that this improvement will not meet this standard. The application should provide a justification as to how the improvement is similar in nature and intent to the listed “Permissible Improvements” in the stream setback (3-340.c.6.a), including minimizing disturbance to the greatest extent practical. - Staff has suggested a plan that moves the retaining walls away from the creek/water resources. - Provide details and information regarding any impacts, protections, and mitigations to water resources and riparian areas as well as how the disturbance was minimized. - Coordinate with the US Army Corp of Engineers regarding 2 ATTACHMENT E permitting of any impacts to waters of the US. - Please contact Colorado Parks and Wildlife regarding any instream work. It is County Staff’s understanding that the best work window for instream work is generally Aug 15th-Sept 30th. - Wildlife analysis detailing animal movements and impacts may be appropriate. Required for Building / Grading Permit:A Grading Permit will be required for the improvement. If building permit requirements are triggered, like a structure (retaining wall) over 4 feet in height, the grading may be reviewed under the building permit. The same information will be required regardless of permit type. - ECLUR Section 4-425 Hillside Development / ECLUR Section 4-420 Geologic Hazards: - Hillside Development standards apply when impacting a hillside with a grade that exceeds 30%. Please review the additional required materials under this section, which include a minimum of 2’ contours on the site plan and an impact evaluation report, and the review criteria, including minimizing cuts and fills. - The Eagle County Geological Hazards Area 3 Maps shows the areas as 5D. Please be advised of the hazard classification. - 5:Detailed geologic and engineering investigations of entire area required for development planning and specialized investigation required for specific construction sites. - D.Potentially unstable colluvium or gypsiferous bedrock on gentle to steep slopes. Emphasis on, but not limited to, hydrocompaction, subsidence due to solution, surface, and subsurface drainage, corrosive and expansive soils, and slope stability. - ECLUR Section 4-620 Roadway Standards: The proposal is to improve an existing trail into an emergency egress roadway. Please provide narrative and roadway plans and profile detailing the entire scope of the emergency access route and its conformance with Section 4-620 roadway design standards: - Eagle County would expect that the roadway meets at a minimum the ‘Access Approaches and Driveways’ standards found in 4-620.J.9, if one-directional traffic can be justified. If two-directional traffic is necessitated, a 3 ATTACHMENT E two-way roadway should be provided per these standards. - Coordinate with applicable emergency service districts to ensure that the improvements will be adequate to meet the intended use and their access standards /needs are accommodated. Please detail in the narrative. The application will be referred to the emergency service districts for their comments. - Please justify any variation from these standards per ECLUR Section 4-620.A.2 and/or 4-620.J.9.c.1. - ECLUR Section 4-620.K.3 Structures: Requires structures such as culverts and retaining walls to be designed to provide adequate hydraulic capacity for the 100-year storm and may require a demonstration of the 100-year floodplain boundary. - Please be advised that per the ECLUR Section 4-660 & IBC Appendix J Section J108, “Cut and fill slopes shall be set back from the property line in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying the reduced setbacks”Per figure J108.1, a minimum setback of 2 feet or H/5 from the property line should be maintained unless written consent, an easement, or substantiating data justifying the reduced setback can be provided. Necessary Process Moving Forward: Location and Extent application, approved by the Eagle County Planning Commission. Next Steps:Submit application for a completeness check, including the 4 ATTACHMENT E “information, studies, reports - Required for Location Extent Application” as listed above. Permits Needed:- Floodplain Development Permit is not required as it is not impacting the Special Flood Hazard Area (SFHA) of June Creek. See GIS Viewer at: https://map.eaglecounty.us/GIS_Viewer_Engineering/ - Building Permit: As the improvements include a retaining wall with a maximum of 5 feet, a building permit is required with an engineered detail. Site grading can be reviewed under that building permit. A grading permit may be an alternative if the retaining wall is less than 4 feet and is not tiered. The chart above summarizes the discussion as represented by the Eagle County Development Review Team. It is not meant to be a final list of requirements for the building/grading permit phase of the project. Due to the constrained timeline of the Location Extent application, it is preferable if the building/grading application material is submitted for review at that time. If the applicant team believes anything has been left out please notify David McWilliams at (970) 328-8752 or david.mcwilliams@eaglecounty.us and the meeting summary will be amended. Please let staff know if there are any questions or if further clarification is needed. We look forward to facilitating this application with coordination, timeliness, and high-quality review. When the file is ready for submission, please fill out the Completeness Checklist. Sincerely, David McWilliams, AICP, Planner Cc: Bill Gibson, AICP, MPA, Planning Manager Ben Gerdes, PE, County Engineer Nicole Mosby, Staff Engineer Justin Hildreth, Engineer, Town of Avon Jenna Skinner, Planner, Town of Avon File 5 ATTACHMENT E 1 From: Dreux, Marcus ‐ FS <marcus.dreux@usda.gov> Sent: Thursday, April 21, 2022 2:55 PM To: Jena Skinner <jskinner@avon.org>; Matt Pielsticker <mpielsticker@avon.org> Cc: Peterson, Paula ‐FS <paula.peterson@usda.gov>; Veldhuis, Leanne ‐FS <leanne.veldhuis@usda.gov> Subject: June Creek Emergency Fire Escape Route Proposal Jenna and Matt, Thank you both for visiting us this week and discussing the June Creek proposal. Attached are some of the documents we discussed. Please review these for reference in your planning: 1.SF299 – Application (call me with questions, this is a very broad application document) 2.FS Gate Specifications 3.FS Guidelines for Road Maintenance Levels – Reference level 2 roads. Other notes/tasks from the meeting: 1.Please consider uses of non‐federal land to accomplish the purpose. This is FS policy and required in the application. 2.There will be some level of NEPA required if the application is accepted, It would be on the ToA to pay for this. ToA may need to hire a third party NEPA contractor. 3.We will need to schedule a site visit this summer. 4.If determined that resources surveys are needed, summer 2022 field season would be an ideal time to accomplish these. Surveys could include Botany/Wetlands, Cultural, Engineering, Wildlife and Threatened and Endangered Species. This depend on the amount of road maintenance or reconstruction needed. 5.Right of way road easements for both ends of the evacuation route need to be researched and secured – Berry Creek Metro District to the south and Wild Ridge private properties to the north. 6.Depending on the level of road maintenance or reconstruction needed, road engineering/grading plans may be required. 7.The outcome may be a FLPMA or FRTA special use permit to the ToA for a road, and the road would only be open to non‐motorized use to the public. ToA would be responsible for road maintenance and gaiting/preventing motorized use at both ends of June Creek Route. (anything else?) Thanks and I look forward to working with you on this project, Marcus Marcus Dreux Realty Specialist USDA Forest Service White River National Forest Eagle‐Holy Cross Ranger District p: (970) 309‐9006 marcus.dreux@usda.gov www.fs.fed.us Caring for the land and serving people ATTACHMENT F