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TC Resolution 23-20 Approving the Addition of Chapter 4.D. - Resale Lottery of the Avon Community Housing Policies DocumentA Avon C O L O R A D O RESOLUTION 23-20 APPROVING THE ADDITION OF CHAPTER 4.D. - RESALE LOTTERY OF THE AVON COMMUNITY HOUSING POLICIES DOCUMENT WHEREAS, The Avon Community Housing Policies were enacted on September 12, 2023, with Chapter 4.13. as Reserved, and WHEREAS, at the Town Council ("Council") meeting on September 12, 2023, the Council considered all comments, testimony, evidence, and reports provided by the Town Staff prior to deciding on the request to enact the Policies with further discussion needed for any resale lottery provisions; and WHEREAS, as the Policies were enacted via Resolution 23-11, and this document is purposefully updatable and to be maintained as a living document via resolution; and WHEREAS, in approving the language for Chapter 4.D. in Resolution 23-20, the Policies will be updated accordingly, specific to this section; and WHEREAS, the Town of Avon Community Housing Policies document supports and conforms to Avon Municipal Code, Town of Avon Comprehensive Plan, the Avon Community Housing Plan, and other Community Housing programs and policies set forth by the Town of Avon. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council approves Chapter 4.13. of the Avon Community Housing Policies document that supports Community Housing programs and projects in the Town of Avon. ADOPTED this 241' day of October 2023. AVON WN COUN By: Amy ftillipl, ay Res 23-20 ACHP Chapter 4.D. October 24, 2023 Page 1 of 1 Attest: Miguel Jau j0 OFA LX ueva, Tow lerk AVON COMMUNITY HOUSING POLICIES 2023 Avon Community Housing Policies 2023 Avon Community Housing Policies October 24, 2023 Page 1 PURPOSE: The general purpose of the Avon Community Housing Policies is to establish policies which will help the Town of Avon acquire, develop, and manage housing which meets the needs of the Avon community. "Community Housing" is broader than workforce housing and contemplates providing housing for all segments of the Avon community which cannot otherwise afford free market rental and ownership prices. Community Housing includes housing for the workforce, seniors, retirees, aging in place, and disabled members of the community who may not be able to work. These Avon Community Housing Policies (also referred to as "Policies" in this document) are intended to promote predictability in the process of executing and enforcing Community Housing Deed Restrictions and uniformity in the establishment and administration of various Community Housing Deed Restrictions and describe the authorization to perform certain tasks and transactions administratively. These Policies may be updated from time to time as determined appropriate by the Avon Town Council. INTRODUCTION: These Policies address housing that is sponsored, operated, managed or partnered with the Town of Avon. Community Housing commitments include but are not limited to: Community Housing Deed Restrictions; project agreements with terms and conditions by state, federal and third party housing partners; and, housing obligations in various development agreements and Planned Unit Development approvals. These Policies replace the 1990/1991 Avon Housing Policies in its entirety and shall be used as the official policy document for administration and enforcement of all Community Housing Deed Restrictions held by the Town of Avon. This includes those deed restrictions created through the development entitlement process or created independent of a development process, like the iMi Casa Avon! or similar program. These provisions apply to both price -capped and resident occupied deed restrictions, for sale, or rental units. Avon Community Housing Policies October 24, 2023 Page 2 TABLE OF CONTENTS CHAPTER1.................................................................................................................................................................5 INTRODUCTION..........................................................................................................................................................5 A. Introduction...........................................................................................................................................................5 B. Adoption and amendments...................................................................................................................................5 C. Types of community housing deed restrictions: .................................................................................................... 5 D. Interpretation.........................................................................................................................................................5 E. Administration.......................................................................................................................................................5 F. Authorization:........................................................................................................................................................5 G. Area medium income: ........................................................................................................................................... 5 H. Income limits.........................................................................................................................................................5 I. Council to approve form of deed restrictions: ....................................................................................................... 6 J. Employee housing mitigation:...............................................................................................................................6 K. Conversion of rental to for -sale restricted: ............................................................................................................ 6 L. Owners associations: ............................................................................................................................................ 6 M. Acronyms: ............................................................................................................................................................. 6 N. Definitions.............................................................................................................................................................7 CHAPTER2...............................................................................................................................................................12 PRICE CAPPED COMMUNITY HOUSING...............................................................................................................12 A. Initial Pricing of Priced Capped Community Housing: ......................................................................................... 12 B. Maximum Rental Rates for Rent Capped Community Housing: ......................................................................... 12 C. Form of Deed Restrictions: ................................................................................................................................. 12 CHAPTER3...............................................................................................................................................................12 NON -PRICE CAPPED COMMUNITY HOUSING......................................................................................................12 A. Pricing of Non -Price Capped Community Housing: ............................................................................................ 12 B. Form of Deed Restriction: ........... ............. ......................................................................................................... 12 CHAPTER4...............................................................................................................................................................12 REQUIREMENTS OF BUYERS, OWNERS OR RENTERS......................................................................................12 A. Employment Qualification...................................................................................................................................12 B. Restriction on Owning Other Real Estate...........................................................................................................13 C. Application Process for Price Capped Community Housing Units: ..................................................................... 13 D. Selection Process For Price -Capped Community Housing Units: ...................................................................... 14 E. Rules For Selection Process For Price -Capped Community Housing Units: ...................................................... 14 F. Application Process For Purchasing Non -Price Capped Community Housing Units: ......................................... 15 E. Rental Of A Community Housing Unit By Qualified Employers For Employees: ................................................ 16 F. Maintaining Occupancy: ............................................................ ......................................................................... 16 G. Compliance.........................................................................................................................................................16 I. Leave Of Absence — All Community Housing Units: ........................................................................................... 16 Avon Community Housing Policies October 24, 2023 Page 3 CHAPTER5...............................................................................................................................................................17 INFORMATION FOR PROPERTY MANAGERS OF RENTAL UNITS.....................................................................17 A. Application Process............................................................................................................................................17 B. Annual Verification..............................................................................................................................................17 CHAPTER6...............................................................................................................................................................17 ALL COMMUNITY HOUSING UNITS........................................................................................................................17 A. Trust Ownership: ................................................................................................................................................ 17 B. Short Term Rentals: ............................................................................................................................................ 18 C. Foreclosures: ...................................................................................................................................................... 18 D. Other Title Transfers: .......................................................................................................................................... 18 E. Tax Sale..............................................................................................................................................................18 F. Previous Policies................................................................................................................................................18 CHAPTER7...............................................................................................................................................................19 SALE OF COMMUNITY HOUSING UNITS...............................................................................................................19 A. Sales Of Price -Capped Housing Units: ............................................................................................................... 19 B. Maximum Resale Price For Price -Capped Housing Units: ................................................................................. 20 C. Increases To Base Price And Permitted Capital Improvements For Price Capped Housing Units: .................... 20 CHAPTER8...............................................................................................................................................................22 COMPLIANCE AND ENFORCEMENT......................................................................................................................22 A. Required Documents..........................................................................................................................................22 B. Non -Qualified Transferee: ................................................................................................................................... 22 C. Failure To Comply..............................................................................................................................................22 D. Uncured Violations..............................................................................................................................................22 E. Required Rental..................................................................................................................................................23 F. Preservation Of Deed Restricted Unit.................................................................................................................23 APPEALPROCEDURES..........................................................................................................................................23 CHAPTER9...............................................................................................................................................................23 APPENDIX A— DEED RESTRICTION TEMPLATES...............................................................................................25 Price Capped Community Housing Deed Restriction Rent Capped Community Housing Deed Restriction Owner Occupied Community Housing Unit (Mi Casa Avon Deed Restriction) Resident Occupied Community Housing Unit I_1»�►U71�:�:7x�%li'iL'il_�,L]��1�1►[rl�l_<<1�17�73�1;�:II►I���7�>I�I�I�i�l�'d�►��� Avon Community Housing Policies October 24, 2023 Page 4 AVON COMMUNITY HOUSING POLICIES A. INTRODUCTION: The Avon Community Housing Policies ("Policies" or "ACHP") establish minimum requirements and procedures for developing, purchasing, owning, selling, and renting Community Housing and are to be read and applied in conjunction with the Avon Municipal Code and the various, established Deed Restrictions. These Policies should be updated periodically based on current real estate market, area median income, and the most recent affordable housing data, affecting the Avon community. B. ADOPTION AND AMENDMENTS: These Policies shall be adopted by the Avon Town Council by Resolution, after first conducting a public hearing, and may be amended by adoption of a Resolution after first conducting a public hearing. C. TYPES OF COMMUNITY HOUSING DEED RESTRICTIONS: There are five primary types of Community Housing Deed Restrictions used for Community Housing projects in Avon, which are described below. The Avon Town Council may approve other types of Community Housing Deed Restrictions or variations of the form of Community Housing Deed Restrictions included with these Policies in the sole discretion of the Avon Town Council. 1. Price Capped Community Housing 2. Rent Capped Community Housing 3. Owner Occupied Community Housing 4. Resident Occupied Community Housing D. INTERPRETATION: These Policies shall be liberally interpreted to achieve the purpose stated in this Policy. The Community Development Director has the authority to interpret these Policies. E. ADMINISTRATION: These Policies shall be administered by the Avon Community Development Department, or such other Department or personnel as the Town Manager may delegate and assign. F. AUTHORIZATION: The Town Manager, Town Clerk and Town Attorney, and respective designees, shall have the authority to execute all documents related to transactions contemplated in these Policies, including but not limited to Community Housing Deed Restrictions, documents related to closing on real estate (e.g., settlement statements, disclosure statements, etc.), and purchase and sales agreements. New Community Housing projects approved by the Avon Town Council should include an approval of the terms, conditions and any forms of Community Housing Deed Restrictions or other documents if different from the standard forms in these Policies, which may then be used and executed administratively. G. AREA MEDIUM INCOME: There are many references to Area Median Income orAMI throughout these Policies. The Town of Avon shall use county -wide AMI data as provided by the State of Colorado or federal government or may use an AMI based on Avon's Zip Code or AMI based on another more localized geographic area in the discretion of the Town of Avon. H. INCOME LIMITS: When maximum household incomes limits are used, the 1 Person" limit shall be used for one person and the 'A Person" limit shall be used when there are two to four income earners in the household. Avon Community Housing Policies October 24, 2023 Page 5 Households which are initially eligible for Price Capped Community Housing units based on Maximum Income Limits shall not become in -eligible, disqualified or non -compliant if the household income exceeds the Maximum Income Limit during occupancy of that specific Price Capped Community Housing unit. COUNCIL TO APPROVE FORM OF DEED RESTRICTIONS: All forms of Community Housing Deed Restrictions must be approved by the Avon Town Council prior to use. All forms of Community Housing Deed Restrictions must include these minimum terms and conditions: Runs with the land and burdens future Buyers/Owners; 2. Expressly names the Town of Avon as a beneficiary of the Deed Restriction; 3. Any eligibility and primary residence requirements are verified annually by the Town of Avon; 4. Short -Term Rental use shall be prohibited; 5. Town must receive a minimum 60 days formal written notice of foreclosure prior to foreclosure; Town has the right to cure the foreclosure; Town has option to purchase prior to foreclosure and Town has a first right of refusal post foreclosure; 6. Restriction on owning other improved residential property, which includes a procedure and timeframe for sale of existing residential property. EMPLOYEE HOUSING MITIGATION: New development is required to provide Employee Housing Mitigation. See AMC Section 7.20.100 K. CONVERSION OF RENTAL TO FOR -SALE RESTRICTED: No Rent Capped Community Housing or Resident Occupied Community Housing Unit shall be converted in the future to For -Sale Community Housing through subdivision, the cooperative form of ownership, condo conversion, or some similar form of ownership inconsistent with its rental purpose, unless approved in writing in advance by the Town of Avon. L. OWNERS ASSOCIATIONS: Any documents creating an owners' association should require that association dues or assessments levied against Community Housing Units be prorated to a maximum of 75% of the association dues or assessments levied against market rate units for mixed use projects consisting of 75% or more unrestricted market rate residential (Short Term Rentals or second homes) or interval housing units (Timeshares) (e.g. The Westin or Frontgate properties). M. ACRONYMS: ACHP - Avon Community Housing Policies AMC- Avon Municipal Code AMI — Area Median Income CHU - Community Housing Unit EC — Eagle County ECAHGAP — Eagle County Affordable Housing Policies Administrative Procedures FHA — Federal Housing Administration. Avon Community Housing Policies October 24, 2023 Page 6 00 - Owner Occupied RO — Resident Occupied TOA — Town of Avon N. DEFINITIONS: Adiusted Gross Income — The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Affordability Gap — The difference between the median home price in each Eagle County community (as defined by zip code) and the average buying power of a typical household in that community, as provided for in the Administrative Procedures. Applicant — A prospective renter, an owner of Real Property, the owner's representative, owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Area Median Income ("AMI")— The estimates of median household income compiled and released annually by the United States Department of Housing and Urban Development, which may be modified on a Zip Code basis or other geographic basis as determined by the Town of Avon. Attainable Housing —All Deed Restricted Housing Units regardless of price. Units include Price Capped For -Sale Housing, Price Capped Rental Housing, Resident Occupied For -Sale Housing, and Resident Occupied Rental Housing. Assets — Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contrast to obligations due others. See also definition for Gross Assets and Net Assets. Avon — The Town of Avon home rule municipality located in Colorado. Avon Resident — Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom — That portion of a dwelling Unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Building Code requirements for egress, light, and ventilation. Capital Improvements — Any fixture erected as a permanent improvement to Real Property or that which adds to the value of the Real Property. Co -Signer— A joint signer of a promissory note who may not be listed on the deed of ownership on the housing unit unless required by the Program Administrator. Commercial Development — Any development that is not a Residential Development for which a Development Permit is required. Institutional uses such as government buildings, schools, hospitals, churches and other religious institutions, and facilities operated by non-profit service agencies are considered Commercial Development for purposes of these Policies. Commercial Mitigation — See AMC Section 7.20.100 Emolovee Housina Mitigation Avon Community Housing Policies October 24, 2023 Page 7 Community Housing —Residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. See AMC Section 3.14.20 - Definitions Comprehensive Plan — As defined in Avon Municipal Code Chapter 7 Development Code, as may be amended from time to time. Consumer Price Index X.P.L)' — The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. Cost Burdened Household — A Household that is paying more than 30% of its income for housing costs. County Resident — Person living and or working within Eagle County. Debt/Income Ratio — The ratio of the monthly debt serviceable as a percentage of Gross Income. Development Permit— Any preliminary or final approval of an application for rezoning, Planned Unit Development, amendment of an existing Planned Unit Development, special use permit, subdivision, or similar application for new construction. Applications for a building permit where no previous condition of approval required housing mitigation. Disabili — A physical or mental impairment that substantially limits one or more of the major life activities of such for an individual. Displaced Tenants — Any person who is removed from his/her residence due to conversion or reconstruction of a project. Eagle County Administrative Procedures — The Eagle County Affordable Housing Policies Administrative Procedures. Eagle County Employee — Eagle County Employee as defined in Section 3.12.020 Definitions. This section States: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County, or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence for which such person seeks an exemption under this Chapter is the primary residence for that person. Eligible Household — A Household that includes an Eagle County Employee and meets qualifying criteria used in establishing occupancy. Emergency Worker— An employee or volunteer of a community -based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriffs Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee — Employee means a person employed in a building or on a property during normal periods of use. Avon Community Housing Policies October 24, 2023 Page 8 Employer— A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in the Town of Avon and/or Eagle County. Employee Housin_g — That housing used exclusively for persons employed in Eagle County. Equity — That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. Essential Worker —An employee who performs front-line work with public infrastructure or services, including but not limited to street maintenance, water, waste water, schools, day care, and Emergency Workers. Financial statement —A statement detailing all personal Assets, liabilities, and net worth (the difference between Assets and liabilities) as of a specific date. Gross Assets — Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of their to its debts. Gross Household Income — Total amount of income a Household earns in one year from all sources before taxes. Gross Income — The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Household — All individuals who will occupy a Unit regardless of legal status or relation to the owner or lessee. Household Income Combined —Adjusted Gross Income of all individuals who will be occupying the Unit regardless of legal status. Housing Plan — A written plan submitted to the Town of Avon describing how an Applicant will satisfy the minimum recommendations of the Avon Municipal Code or as required through a Development Agreement as approved by Town Council. Inclusionary Housing — The provision of Affordable Housing in Residential Developments to ensure adequate housing stock for local residents and to maintain or increase the current ratio of primary to secondary home ownership. Initial Sales Price — The maximum price for which a Price Capped For -Sale Housing may be initially sold Joint Tenancy — Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Drawing — A drawing of qualified households needed to select a winner from equal Applicants, who are tied for highest priority. Maxi -Bid Price — Calculation of purchase price multiplied by the appreciation (as identified in the Resale Agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Avon Community Housing Policies October 24, 2023 Page 9 Maximum Rental Rate — The maximum monthly rent payment for a Price Capped Rental Housing Unit, as provided for in the Administrative Procedures. All ongoing fees required to be paid by the resident (including but not limited to utilities and mandatory parking fees) must be included within the Maximum Rental Rate. Maximum Resale Price — The maximum amount an owner can sell the Housing Unit for per the deed restriction requirements. Mi Casa Avon — iMi Casa Avon! is a Deed Restriction program that assists Avon's workforce in purchasing homes within the Town of Avon with the intention of preserving the Unit for full-time residents in perpetuity. Minimum Occupancy— One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets — Gross Assets minus Liabilities. Non -Eligible Household —A Household that does not qualify as an Eligible Household. Occupancy and Resale Deed Restriction and Covenant — A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. Owner— The Owner of record of the CH according to the Clerk and Recorder of Eagle County during their period of ownership interest. Owner Occupied Community Housing —Housing subject to a Deed Restriction requiring that the Housing be owned and occupied by an Eligible Household as its Primary Residence as set forth in this document. Payment in Lieu —A payment made to the Town of Avon to satisfy a Project's recommended Housing mitigation. Price Capped Community Housing — Collectively refers to For Sale Price Capped Community Housing and Rental Price Capped Community Housing. Price Capped Community Housing is subject to a Deed Restriction requiring that the Housing meet Initial Sales Prices, resale price appreciation limits, rental restrictions, quality, and other criteria set forth in this document. Primary Residence — 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. Program Administrator— The Administrator of the Avon Community Housing Policies. The Program Administrator shall be the Community Development Director, or designee, or such person appointed by the Town Manager. Qualified Person — a person who has provided sufficient information for review and verification that such person meets the minimum requirements for a qualified buyer or qualified resident by the Program Administrator. Real Property — Property other than personal property as defined by the statutes of the State and does not include trailers or mobile homes, except trailers or mobile homes, which, by way of a foundation, have become attached as fixtures to the land on which they are located. Avon Community Housing Policies October 24, 2023 Page 10 Rent Capped Community Housing — Rental housing subject to a Deed Restriction requiring that the Housing meet Rental Rate Restrictions, quality, annual compliance and other criteria set forth in this document. Rental Rate Restrictions — The maximum Rental Rate for which a Rent Capped Community Housing unit may be leased, as provided for in this document or deed restriction. Retired Person or Older Person — a person at least 60 years of age or more at the time of initial occupancy. Resale Agreement — A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Short Term Rentals — Any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any Unit classified as commercial property by the Eagle County Assessor. Tenancy -in -common — Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to their heirs or beneficiaries and not to the surviving tenants in common. Transfer —Any grant, conveyance or alienation of Real Property, as evidenced by deed, instrument of conveyance or exchange, or any other writing wherein or whereby title to Real Property is granted, conveyed or alienated, or the conveyance of a possessory interest including any other indicia of ownership without the passing of legal title. Note: Some terms within this Section may be considered retired (outdated) and no used within these Policies but may be found within existing deed restriction language. Certain relevant definitions have also been updated within these Policies. The Town of Avon may replace certain terms using other modernized definitions within this Section when replacing or updating older documents. Avon Community Housing Policies October 24, 2023 Page 11 These policies are for Priced Capped Community Housing. The purpose of Price Capped Community Housing is to provide housing that is affordable for lower AMI households and to preserve the affordability of such housing while providing appropriate reimbursement of capital investments on resale. A. Initial Pricing of Priced Capped Community Housing: The Initial Sales Price of Price Capped Community Housing units shall be set no higher than at a price affordable to Households earning 140% of AMI, based on two persons per bedroom (e.g. pricing for a three bedroom unit shall be based on the income limits for six persons). B. Maximum Rental Rates for Rent Capped Community Housing: Maximum Rental Rates for Deed Restricted Rental Housing Units must be set at rates that are affordable for households with incomes no greater than 120% AMI, based on unit type. C. Form of Deed Restrictions: All Deed Restrictions for For -Sale Price Capped Community Housing units must use the form attached as EXHIBIT A.1 — PRICE CAPPED COMMUNITY HOUSING DEED RESTRICTION. All Deed Restrictions for Rental Price Capped Community Housing units must use the form attached as EXHIBIT A.2 — RENTAL CAPPED COMMUNITY HOUSING DEED RESTRICTION. These policies are for Occupied and Resident Occupied Community Housing. The purpose of Resident Occupied and Resident Occupied Community Housing is to provide housing for full-time primary residential use without limiting the price upon sale and resale and without limiting the rental rate. A. Pricing of Non -Price Capped Community Housing: The sale price and rental price for Non -Price Capped Community Housing is not restricted or limited and shall be determined by the Owner or Seller. B. Form of Deed Restriction: All Deed Restrictions for Resident Occupied Non -Price Capped Community Housing units must use the form attached as EXHIBIT A.3 — RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION. All Deed Restrictions for Owner Occupied Non -Price Capped Community Housing units must use the form attached as EXHIBIT A.4 — OWNER OCCUPIED COMMUNITY HOUSING DEED RESTRICTION. A. Employment Qualification: At least one primary member of a Household must meet one or more of the following criteria: An Owner or Occupant meets the definition of Qualified Employee; or 2. A Retired Person or Older Person over the age of sixty (60) and had earned a living in the Town of Avon or within Eagle County, for no less than five (5) years prior to the date of their retirement; or Avon Community Housing Policies October 24, 2023 Page 12 3. A Person with a Disability who had been a full-time employee in the Town of Avon or within Eagle County immediately prior to their Disability or has been granted an exception to the minimum of 30 hours per week to continue with a federal or state Disability benefit program, or as qualifying programs allow; or 4. Owners and Members of Households that reside in the Town of Avon or within Eagle County but work for employers that are located outside of Eagle County (e.g., remote workers). These employees may be considered eligible if all other eligibility requirements are met and the Owner and or Member of the Household can prove Town of Avon or Eagle County residency for no less than one year before application submission, subject to the Program Administrator's sole discretion or as otherwise stated in the applicable deed restriction; or 5. Members of the Household cumulatively earning at least 75% of the Household's Gross Household Income in the Town of Avon or within Eagle County or Members of the Household that are considered qualified renters by the Town of Avon or assigns. 6. At initial qualification of a purchase of a price capped unit, assets of the buyer cannot exceed 50% of the list price for the unit. B. Restriction on Owning Other Real Estate: No Qualified Person or immediate household members, including, but not limited to, spouses, domestic partners and children under 18 years of age, may own other improved residential real estate anywhere as of the date of purchase or occupancy of the Community Housing Unit, unless such is under contract to sell such existing real estate and such person in fact conveys ownership of such existing real estate within six (6) months. The Program Administrator may provide an additional six (6) month period to convey such existing real estate for unforeseen circumstances. During ownership of a Community Housing Unit, no Qualified Person or immediate household member shall own or acquire any interest, alone or in conjunction with others, in any other improved residential real estate, including ownership via a corporation, limited liability company, trust, or other legal entity. C. Application Process for Price Capped Community Housing Units: Households interested in purchasing a Price Capped Community Housing unit must apply to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit. The application and any accompanying documentation will become the property of the Program Administrator and will not be returned to the Applicant. The Applicant must provide all of the following information and documentation: 1. Complete application. Applications can be obtained from the [website] or Program Administrator; 2. Evidence of employment by a Qualified Employer. 3. Evidence of residency in Eagle County, if applicable. 4. Affirmation on the application that your Household intends to live in the unit as your Primary Residence and that no members of your Household own other improved residential real estate. 5. A prequalification letter from a mortgage lender for a mortgage with a fixed interest rate of at least 3 years duration or a statement of proof of funds and submit a copy to the Program Administrator. Reverse amortization mortgages are prohibited. 6. Provide proof of funds for a down payment equal to at least 3% of the purchase price or as otherwise stated in the applicable Deed Restriction. Avon Community Housing Policies October 24, 2023 Page 13 Once basic eligibility has been met, the Applicant submitting the highest and best offer (not to exceed the Maximum Resale Price) will have the first right to negotiate for the purchase of the unit. If two or more equal offers are received, those offers will be prioritized for selection based on the selection criteria listed below. The Program Administrator will notify the Applicant if additional proof of any of the following items is necessary. D. SELECTION PROCESS FOR PRICE -CAPPED COMMUNITY HOUSING UNITS: The following selection criteria applies to all resales of Price -Capped Community Housing Units. Upon owner notification of intention to sell, the resale timeline will be determined by the Program Administrator. In the event one (1) applicant applies for a Price Capped Community Housing Unit, no lottery is required. In the event there is more than one applicant in the same priority category, a selection process and (potentially), a lottery shall be held. 1. Priority. Applicants will be categorized in the following order: a. Household income - Priority order will align with income. First priority is for incomes that fall below 100% AMI, Second priority to those whose income falls below 120% AMI, Third priority to those who fall below 140% AMI and so on. Preference will be for Applicant(s) who meet the lowest of the available income categories but will not be selected solely based on lowest income alone. If no applicants in the lowest or first category apply for the lottery, then the unit shall be offered to the second income category, and so on. b. Work History. Priority will be given to those who have worked full time within Eagle County for at least 5 years, considered on a cumulative, calendar year basis. See Chapter 4.C. Lottery Entries Years Working Lottery Entries 1-5 1 6-10 2 11+ 3 b. Other. There will be no consideration for those who do not meet the definition of Eligible Household. The ability to purchase the unit with cash has no relevance to the selection process. 3. Lottery Process. The Program Administrator shall hold a drawing comprised of applicants who have equal qualifications, to determine the winning Applicant. The drawing shall be held by the Program Administrator within five (5) to ten (10) business days from entry qualification determination. Drawing entries shall be randomized, and the lottery shall occur during regular business hours. E. RULES FOR SELECTION PROCESS FOR PRICE -CAPPED COMMUNITY HOUSING UNITS: The following rules apply to the selection process for Price -Capped Community Housing Units: 1. The physical place of prior residency and local employment and/or employer is relevant. The Applicant's mailing address or company headquarters is not. For example, company or organization headquarters are located in "Town A", but the Eligible Household member reports to another physical location in "Town B." In this example, the physical location where the Eligible Household member reports to daily, in "Town B", would be considered the physical place of employment. Alternatively, the company or organization headquarters are Avon Community Housing Policies October 24, 2023 Page 14 located in "Town A" but work is completed at changing locations throughout the county (e.g., construction/landscaping). In this example, the location of the headquarters in "Town A" would be used. 2. Full time employment for an Eagle County Employee as defined in Section 3.12.020 of the Avon Municipal Code. 3. Joint Applicants must meet the criteria for an Eligible Household. Combined income will be considered in determining a max AMI%, with a combined income not to exceed the equivalent of a 4-person AMI%. 4. Income may be determined using the Applicant's most recent federal income tax return or if unavailable or if income has changed, by Applicant's current paystubs, or other reasonable means as determined by the Program Administrator. 5. All claims shall be verified by the Program Administrator. Claims of residency or employment that cannot be verified will not be considered in determining length of employment or residency. 6. Eligible Households may have no more than two occupants per Bedroom at any time. For example, a household of five (5) people does not qualify for a two (2) Bedroom unit. 7. Home office or remote work (remote workers) will be required to provide acknowledgement of home office status from their employer. 8. Qualified Persons in existing CHUs located in the Town of Avon or Eagle County may receive higher priority by the Town of Avon when being considered for a different CHU elsewhere within the Town of Avon. F. APPLICATION PROCESS FOR PURCHASING NON -PRICE CAPPED COMMUNITY HOUSING UNITS: Qualified persons interested in purchasing an existing Non -Price Capped Community Housing units must submit an application to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit, unless otherwise outlined in the recorded deed restriction. The application and any accompanying documentation will become the property of the Town of Avon and/or the Program Administrator and will not be returned to the Applicant. The application steps are as follows: 1. Obtain an application from the Program Administrator. 2. Provide a verification of employment ("VOE") by a Qualified Employer as follows: a. The two most recent pay stubs and, a W2 or VOE letter from employer(s), or b. An employment contract or other documents that the Program Administrator deems necessary to make this determination, or c. Affidavit from employer verifying employment plus other documents that the Program Administrator deems necessary for substantiation. 3. Most recent tax returns, if required by existing deed restriction 4. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that, unless otherwise stated in the deed restriction, no members of your Household own other real estate in Eagle County. Avon Community Housing Policies October 24, 2023 Page 15 There are no selection criteria for resales of Resident Occupied For -Sale Housing units. E. RENTAL OF A COMMUNITY HOUSING UNIT BY QUALIFIED EMPLOYERS FOR EMPLOYEES: Qualified Employers may purchase a Community Housing Unit and lease to employees who are members of Eligible Households. Qualified Employers may not impose additional Deed Restrictions to renters within these Units without the written consent of the Program Administrator. F. MAINTAINING OCCUPANCY: The Owner of a Community Housing Unit shall continue to use the unit as its primary place of residence. The Owner of a Community Housing Unit will be deemed to have ceased to use the unit as its Primary Residence by accepting permanent employment outside of Eagle County, by residing in the unit for fewer than 9 months out of any 12 months, or by registering to vote outside of Eagle County. G. COMPLIANCE: Once a Community Housing Unit has been purchased, it must continue to be owned and occupied only by an Eligible Household. On an annual date set by the Program Administrator, the Owner of the Unit, shall submit the following information to the Program Administrator: 1. A completely filled out compliance verification form stating that the Owner continues to meet employment and residency requirements, as applicable; and 2. A statement that the Owner owns no other Real Property with the exceptions provided for herein. The Program Administrator will provide either a paper or electronic form to CHU Owners. Failure to provide information as required by the Program Administrator and any applicable deed restriction may result in forfeiture of appreciation, a sale mandated by the Program Administrator, or any other available remedy at law or equity. LEAVE OF ABSENCE — ALL COMMUNITY HOUSING UNITS: A leave of absence for the occupant of a Community Housing Unit may be granted at the sole discretion of the Program Administrator, subject to clear and convincing evidence that shows the reason for leaving and a commitment to return. Said evidence shall be in written form and presented to the Program Administrator for review and decision prior to the Owner leaving. The leave of absence shall be in accordance with the limitations as established in the subject Deed Restriction. In the case of an approved leave of absence, the Owner shall only rent to an Eligible Household. 1. Unless otherwise stated in the applicable deed restriction, any and all charges to rent a Deed Restricted Housing Unit during a leave of absence may not exceed the lesser of 1) Maximum Rental Rates for Rental Housing at 100% AM I* or 2) the Owner's monthly housing expenses. *See the ECAHGAP for current Maximum Rental Rates. 2. Tenant(s) must submit a complete application and receive approval from the Program Administrator prior to occupancy. The Owner shall provide a copy of the executed lease agreement between the Owner and tenant to the Program Administrator. 3. If a Community Housing Unit is listed for sale and the Owner has relocated outside of Eagle County, the unit may, upon approval of the Program Administrator, be rented to an Eligible Household prior to completion of the sale. Avon Community Housing Policies October 24, 2023 Page 16 A. APPLICATION PROCESS: Only Eligible Households may rent Price Capped and Resident Occupied Community Housing Units, unless prohibited by other funding sources. Households must meet all other requirements of the Deed Restriction. The Property Manager must document how eligibility and income was confirmed and must keep a record of any documents supporting the eligibility determination. B. ANNUAL VERIFICATION: The Property Manager of Price Capped and/or Rent Capped Community Units must verify annually that the Owners and tenants follow the applicable Community Housing requirements. The Property Manager shall submit a written statement to Avon including the following information and certifying that such information is true and correct to the best of the Property Manager's knowledge and belief. 1. A list of Owners or tenants who occupy the Community Housing Units in the prior calendar year and the evidence, to include income and employment documentation, submitted by such tenants to establish that their Households were Eligible Households; 2. A copy of the lease form currently used for tenants of the Community Housing Units; 3. Copies (which may be electronic) of all application information submitted by the Eligible Households occupying the Community Housing Units including but not limited to a copy of a driver's license, voter registration, or vehicle registration information; Manager shall maintain Owner's records with respect to the use and occupancy of the Community Housing Units available to Avon or its authorized agent for inspection upon request for audit to confirm compliance with the recorded deed restriction. A. TRUST OWNERSHIP: An Eligible Household may seek a variance to allow the title of a Community Housing Unit to be held in trust for the benefit of a natural person who also meets the definition of an Eligible Household member. Such ownership in trust may only occur in the circumstances provided herein, at the sole discretion of the Program Administrator, on a case -by -case basis. In order to request a variance from the strict application of these Policies, the Applicant shall submit a letter requesting a special review to the Program Administrator as follows: 1. Community Housing Units may be held in trust only for the benefit of a natural person who due to a physical or mental impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to a unit in their own name. The letter shall include documentation of such impairment and the basis for ownership in trust. It should be noted that the Applicant should submit any additional information reasonably requested by the Program Administrator to allow the Program Administrator to process this special request. 2. The beneficiary of the trust may not own other residential Real Property. 3. The beneficiary of the trust must be of the age of majority to qualify under this section. Avon Community Housing Policies October 24, 2023 Page 17 4. The criteria set forth in these Policies may be met so long as the trust pre -qualifies for a loan. Further the trust must prove an adequate means of ensuring that expenses associated with ownership, including, but not limited to association dues and expenses are met. 5. Upon receipt of a request for a special review and any requested information and documentation, the Program Administrator may grant the request with or without conditions, in a timely manner. B. SHORT TERM RENTALS: Short Term Rentals are not permitted in any Community Housing Unit regardless of type. A Short Term Rental is defined in AMC Section 3.29.020 - Definitions. C. FORECLOSURES: In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a promissory note secured by a first deed of trust on a Community Housing Unit, Avon shall have the option to purchase the unit prior to public sale, which option shall be exercised as set forth in the deed restriction. The Owner has an obligation to notify the Program Administrator in writing once the Owner perceives a foreclosure difficulty. D. OTHER TITLE TRANSFERS: In the event that title to a Community Housing Unit transfers to a person or entity that is not an Eligible Household, the Non -Eligible Household must notify the Program Administrator of its intent as outlined below within 90 days of taking title to the unit. 1. The Non -Eligible Household may list the unit for sale, following the procedures outlined herein. 2. The Non -Eligible Household shall have one year to become an Eligible Household. In the event the Non - Eligible Household is unable to become an Eligible Household in one year then the unit shall be listed For - Sale as provided herein. 3. Non -Eligible Households shall not: a. Occupy the Community Housing Unit; b. Rent all or any part of the Community Housing Unit, except in strict compliance with these Policies; c. Engage in any other business activity on or in the Community Housing Unit; d. Sell or otherwise transfer the Community Housing Unit except in accordance with these Policies or applicable Deed Restriction. e. The Program Administrator may require the Non -Eligible Household to rent or sell the Community Housing Unit in accordance with the provisions of these Administrative Procedures. E. TAX SALE. In the event of a tax sale the deed restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Community Housing Unit through a tax lien sale process. F. PREVIOUS POLICIES. Within the 1990-1991 Avon Housing Policies, income limitations were classified as a "Category". Under these Policies, income limitations shall utilize AMI rates and levels, or whatever methodology in establishing income is employed by the Program Administrator. Avon Community Housing Policies October 24, 2023 Page 18 A. SALES OF PRICE -CAPPED HOUSING UNITS: 1. Listinp Units. All Price Capped Community Housing Units must be listed for sale with the Program Administrator, its designee, or as specified by the applicable deed restriction. An Owner who wishes to sell the Price Capped Community Housing Unit must follow these steps: a. Execute a standard Listing Contract on forms approved by the Program Administrator. b. Consult with the Program Administrator to review the Deed Restrictions recorded against the unit to determine the Maximum Resale Price and other applicable provisions concerning a sale. c. The Program Administrator shall administer the sale in accordance with the requirements in effect at the time of listing. d. The Owner may consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services (excluding all sales fees), will be at the Owner's own expense and shall not be included in the calculation of the Maximum Resale Price. 2. Inspection Prior to Sale. The Owner shall undertake a listing inspection by the Program Administrator or assigns before executing a listing contract to determine the condition of the unit. a. The Owner shall pay for the cost of the inspection at the time of inspection. b. The inspector shall furnish a written report to the Owner and the Program Administrator. c. This information shall be furnished to the purchaser as a part of the seller's property disclosure once a purchase contract has been executed. d. The inspection will be valid for no more than 60 days. The Owner shall replace or repair any items that are identified as unsatisfactory in the report at market value or reduce the listing price accordingly. 3. Sales Fees. Unless otherwise set forth in the applicable Deed Restriction, at the closing of the sale, the Owner shall pay the Program Administrator or its designee a minimum sales fee of 2% (two percent) of the sale price. This fee offsets the administration and associated fees of selling a unit and does not act as a direct commission for a Town of Avon employee or third -party handling the transaction. a. The Owner must deposit 0.5% (one half percent) of the list price with the Program Administrator upon listing the unit for sale, known as the listing deposit. b. If the Owner fails to perform under the listing contract, rejects all offers, or withdraws the listing after advertising has commenced, the Owner shall not be refunded the listing deposit. Avon Community Housing Policies October 24, 2023 Page 19 c. The listing deposit shall be considered a budgeted amount for advertising and administrative costs that will be incurred by the Program Administrator. If the Program Administrator incurs any additional costs, the Owner will be notified in advance by the Program Administrator and shall be responsible for those additional costs. d. Closing Costs. Sellers of Community Housing Units shall not permit any prospective buyer to assume any of the seller's customary closing costs, including the fees set forth herein, nor accept any other consideration that would increase the purchase price above a Maximum Resale Price to induce the seller to sell to such prospective buyer. B. MAXIMUM RESALE PRICE FOR PRICE -CAPPED HOUSING UNITS: No Owner of Price Capped Community Housing shall sell the unit for an amount greater than the Maximum Resale Price for the unit. Maximum Resale Price will be calculated as follows: Base Price + Appreciation of Base Price + Permitted Capital Improvements — Depreciation of Capital Improvements + Sales Fee = Maximum Resale Price. There are no resale price limitations on Resident Occupied For -Sale Housing, unless such a provision is included within the pertinent deed restriction for that Unit. C. INCREASES TO BASE PRICE AND PERMITTED CAPITAL IMPROVEMENTS FOR PRICE CAPPED HOUSING UNITS: Certain capital improvements to a unit may be included in a Community Housing's Maximum Resale Price. The following list outlines the costs that may be included in an Owner's Base Price as "Permitted Capital Improvements" and provides a depreciation schedule for Permitted Capital Improvements. Base Price items are not counted against the Permitted Capital Improvement allowance. "Base Price": purchase price including garage, lot premium, or other developer inclusions The following improvements may be included in the Base Price with the written approval of the Program Administrator prior to the commencement of work: 1. Structural addition or addition of livable space including bathrooms, Bedrooms, exterior door, interior doors, baseboard, window casing, insulation, and plumbing (excluding fixtures) 2. Modifications or improvements to accommodate a person with a Disability as defined in the Americans with Disabilities Act of 1990. Permitted Capital Improvements depreciated on a 5-year schedule Replaced appliances Door locks (including smart) Gutters and downspouts Washer/Dryer Ceiling fans Heat Tape Water heaters Thermostats (including smart) Exterior paint Carpet/pad replacement Permanent fitted window blinds Storm doors Laminate flooring Health and safety protection Building permit fees New garage door openers Avon Community Housing Policies October 24, 2023 Page 20 Permitted Capital Improvements depreciated on a 20-year schedule Hardwood or tile flooring Permanent landscaping Solar panels Solid stone countertops Trees Roof replacement (not reserved) Light fixtures Permanent irrigation systems Furnace replacement Plumbing fixtures Outdoor decks A/C, swamp cooler, split units Cabinets and vanities New fencing Closet organization systems Windows Improvements that are NOT Permitted Capital Improvements Jacuzzi, saunas, hot tubs, steam showers, etc. Work done without issuance of a building permit Maintenance, cleaning, painting, or improvements to existing mechanical systems, fixtures, appliances Decorative items including window coverings, lamps and lighting not affixed to walls or ceilings, bathroom towels bars, hooks, etc. Gas or electric fireplaces Cost of tools Removable items not attached to the unit Equipment rental Security and smart home systems Unless otherwise identified in the recorded deed restriction, the actual costs of Permitted Capital Improvements made to a unit shall not exceed 10% of the Initial Sales Price for a five-year term, regardless of changes in ownership. For every subsequent five-year period, an additional 10% of the value of the unit at the beginning of that five-year period may be added into the value as Permitted Capital Improvements. The five-year period for Permitted Capital Improvements shall not reset merely upon resale. No costs incurred in one five-year term may be rolled into a different five-year term. For an Owner to request Base Price Improvements and/or Permitted Capital Improvements be added to the Maximum Resale Price, Owners must retain original receipts and invoices. Additionally: 1. Upon completion of the work the following must be submitted to the Program Administrator: a. Legible copies of receipts for materials and or invoices for purchases. b. Proof of payment by a third party and itemized invoice receipt for work performed. 2. In calculating the costs allowed as Permitted Capital Improvements, only the Owner's actual out of pocket costs and expenses shall be eligible for inclusion. Such an amount shall not include an amount attributable to the Owner's labor, or that of their employees or business, or to any appreciation in the value of these improvements. 3. If an Owner pays cash for improvements, the Owner must provide third party documentation of payment. An Owner must have an invoice for improvements, but if no such documentation of proof of cash payment can be produced, the Program Administrator can inspect the improvement completed in the unit. Up to 75% of documented invoice value may be included after an inspection, subject to depreciation, at the Program Administrator's sole discretion. Avon Community Housing Policies October 24, 2023 Page 21 4. Work that requires and is performed without the issuance of all required building permits or property owners' association approval will not be included as a Base Price or Permitted Capital Improvement. 5. The value of the Permitted Capital Improvements will be added to the appreciated value of the unit at the time of sale. No appreciation is allowed on Permitted Capital Improvements. 6. Other improvements to the Affordable Housing unit are allowed, but adjustments to the Maximum Resale Price will only be given for Base Price and Permitted Capital Improvements. If a Base Price Improvement and/or Permitted Capital Improvements or an improvement included in the Base Price of the unit is removed or is no longer operational, the actual cost of the improvement shall be deducted from the Base Price or Permitted Capital Improvement schedule. No other categories or types of expenditures may qualify as Permitted Capital Improvements unless pre -approved in writing by the Program Administrator. A. REQUIRED DOCUMENTS: The Program Administrator may request any and all documents and information necessary to establish continued compliance with any restriction and with the HPGAP as amended from time to time. The Owner of a Deed Restriction will provide documents that may include but are not limited to: Federal and State Income Tax Returns, W2's, 1099's, bank statements, vehicle and license information, pay stubs and invoices for utility payments. All information will maintain the confidentiality of financial information as provided by law. B. NON -QUALIFIED TRANSFEREE: In the event that title to a Community Housing Unit vests in any individual or entity that is not a Qualified by descent, by foreclosure and/or redemption by any lien or mortgage holder (except any holder of a HUD -insured First Mortgage), or by operation of law or any other event, the Town may elect to notify the Non- Qualified individual or entity that it must sell the Community Housing Unit in accordance with this Guide. A Non -Qualified individual or entity shall not: (i) occupy a Community Housing Unit; (ii) rent all or any part of a Unit, except in strict compliance with the corresponding deed restriction and as approved in writing by the Avon; (iii) engage in any business activity on or in a Community Housing Unit; (iv) sell or otherwise transfer a Unit except in accordance with the applicable procedures; or (v) sell or otherwise transfer a Community Housing Unit for use in trade or business. C. FAILURE TO COMPLY: In the event an Owner fails to comply with any of the restrictions, Avon may, but is not required to, provide notice to the owner of the Community Housing unit in violation and provide an opportunity for the owner to cease and desist or cure. In the event a Community Housing Unit is occupied, transferred or leased in violation of a deed restriction, Avon may, at its sole discretion, notify an Owner that it must immediately list the Community Housing Unit for sale. D. UNCURED VIOLATION: In the case of such an uncured violation, if required by Avon, the Owner shall: (i) consent to any sale, conveyance or transfer of such Unit to a Qualified Owner; (ii) execute any and all documents necessary to do so; and (iii) otherwise reasonably cooperate with Avon to take actions needed to accomplish such sale, conveyance or transfer of such Community Housing Unit. For this purpose, Owner constitutes and appoints Avon or the Program Administer as the Owner's true and lawful attorney -in -fact with full power of substitution to complete or undertake any and all actions required or as set forth elsewhere in the corresponding deed restriction. It is further understood and agreed that this power of attorney, which shall be deemed to be a power coupled with an interest, cannot be revoked. Owner specifically agrees that all power granted to Avon under this Covenant may be assigned by it to its successors or assigns. Avon Community Housing Policies October 24, 2023 Page 22 E. REQUIRED RENTAL: In all situations where the provisions of this section apply, Avon may alternatively require the Owner to promptly rent their Unit to a lessee that is deemed a Qualified Occupant in accordance with the requirements of this Covenant and subject to the one (1) year limit while the Unit is listed for sale. F. PRESERVATION OF DEED RESTRICTED UNIT: In order to preserve the value of community housing, specifically, for persons of low to moderate income, and or to ensure the physical condition of the Community Housing Unit, Avon shall also have and is hereby granted the right and option to purchase a Community Housing Unit, exercisable within a period of fifteen (15) calendar days after notice is sent by Avon to the Owner that requires the Owner to sell the Unit due to a violation pursuant to this Section. Avon shall complete the purchase of such Unit within thirty (30) calendar days after exercising its option hereunder for a price equal to the lesser of the appraised market value of the Unit, as determined by the Program Administer in its reasonable, good faith judgment, or the Maximum Sale Price as may be limited by the underlying deed restriction. An appeal is a request by a Community Housing Unit Owner or potential purchaser (collectively referred to as "Owner") to reconsider an interpretation, action or failure to act in accordance with the rights, duties, welfare, or status of these persons or entities under these Policies. Procedures for filing an appeal are as follows: 1. The Owner must submit a written appeal to the Program Administrator. It shall specify: a. The decision for which the Owner requests reconsideration; b. The grounds for the reconsideration of the decision; c. The specific decision that the Owner requests; and d. The name, address, telephone number, email address of the Owner filing the grievance and similar information about his/her representative, if any. 2. Within thirty (30) days of receipt of a written appeal the Program Administrator may issue a written decision or may request addition information. The Program Administrator may request a meeting with the Owner at the discretion of the Program Administrator. If the Program Administrator requests additional information, then the timeframe to provide a written decision shall be extended by thirty (30) days for the purpose of receiving or collecting additional information. The Program Administrator shall provide a written decision on the appeal within ten (10) business days of meeting with the Owner. 3. If Owner's appeal is not approved by the Program Administrator, the Owner may request a hearing before the Town Manager, in accordance with the following procedures: a. A written request for a hearing shall be submitted to the Program Administrator. b. The Town Manager shall schedule a hearing date within forty-five (45) days of receipt of the hearing request. c. The Owner requesting the Hearing and the Program Administrator may provide information to the Town Manager, including the decision which is the subject of the appeal, the initial appeal request and the Avon Community Housing Policies October 24, 2023 Page 23 appeal decision of the Program Administrator. All information received by the Town Manager shall be shared with both the Owner and the Program Administrator prior to the appeals hearing. d. The Town Manager may request additional information. e. Written notice of the date, time and place of the appeal hearing shall be provided to the Owner at least four (4) days in advance of the hearing, which timeframe may be waived by the Owner. f. The Owner and the Program Administrator may be present at the appeal hearing. g. The Town Manager shall consider all information provided prior to or during the appeal hearing, including testimony of the Owner, Program Administrator or other persons. The Town Manager shall provide a written decision within ten (10) business days of the appeals hearing. Avon Community Housing Policies October 24, 2023 Page 24 APPENDIX A — DEED RESTRICTION TEMPLATES Price Capped Community Housing Deed Restriction Rent Capped Community Housing Deed Restriction Owner Occupied Community Housing Unit (Mi Casa Avon Deed Restriction) Resident Occupied Community Housing Unit Avon Community Housing Policies October 24, 2023 APPENDIX A.3. TOWN OF AVON PRICE CAPPED COMMUNITY HOUSING DEED RESTRICTION THIS PRICE CAPPED COMMUNITY HOUSING DEED RESTRICTION ("Deed Restriction") is entered into on 20 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 ("Town"), and [DEVELOPMENT ENTITY], with an address of ("Declarant") (each individually a "Party and collectively the "Parties"). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at , Avon, Colorado 81620, and more particularly described in Exhibit A hereto ("Property"); and WHEREAS, pursuant to the Avon Community Housing Policies ("ACHP"), as may be amended from time to time, Declarant has agreed to place certain restrictions on the ownership and sale of the Property for the benefit of the Town by requiring ownership and sale of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership and sale of the Property shall be restricted as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant's expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Buyer means a prospective qualified Owner who purchases the Property. b. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated Price Capped Community Housing Deed Restriction Page 1 of 12 in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence is the primary residence for that person. C. Maximum Income Limit means the d. Maximum Resale Price means the maximum price an Owner can sell the Property for. e. Non -Qualified Owner means any person who does not meet the definition of Qualified Owner at the time of closing. f. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. g. 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 occupants are continuously occupying and using the Property as a primary residence. h. Qualified Owner means an Eagle County Employee. Second Home means the status of the Property when used by any person who has a Primary Residence that is not the Property. j. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. k. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Sale. Sale of the Property shall be limited to a Qualified Owner (who may take title with their spouse or civil union partner) at a cost not to exceed the Maximum Resale Price. C. Maximum Resale Price. The Maximum Resale Price for the Property shall be Price Capped Community Housing Deed Restriction Page 2 of 12 d. Lease. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. e. Exceptions. It shall not be deemed a violation of Section 3.d. above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. f. Owner covenants that the Owner shall not permit any sale or lease of the Property in violation of this Section 3. g. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. h. No later than February 1 st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property's occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor's Office. 4. Re -Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property. b. The Property must be listed for sale with the Town's designee. C. Owner shall consult with the Town to review this Deed Restriction and to determine the Maximum Resale Price and other applicable provisions concerning a sale. d. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and Price Capped Community Housing Deed Restriction Page 3 of 12 rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver -Aurora -Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town's costs associated with processing the application. e. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the Buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. f. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a Buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. g. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. h. Upon sale and conveyance of the Property by Owner to a Buyer, the Buyer shall be subject to the same occupancy and use requirements set forth herein. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. C. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. e. Failure to submit an annual certification of occupancy and use as described in Section 3.h. above. Price Capped Community Housing Deed Restriction Page 4 of 12 f. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. g. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. h. Permitting the use of the Property as a Short Term Rental or Second Home. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney's fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and Price Capped Community Housing Deed Restriction Page 5 of 12 enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation ("Freddie Mac") or the Federal National Mortgage Association ("Fannie Mae") holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 7 and 8 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 7 or 8. 10. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. C. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the Price Capped Community Housing Deed Restriction Page 6 of 12 amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section IO.f below), in the event of a foreclosure, acceptance of a deed -in -lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting sale of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee's deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee's deed or the recording of a deed in lieu of foreclosure through the date of the Town's purchase. E Notwithstanding Section 10.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development ("HUD") and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 11. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 10 above (whichever is earlier), the Town shall have the option to purchase ("Option to Purchase") the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above ("Option Period"). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. C. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re - conveyance to a subsequent Owner. d. The Town shall have the right to assign the Town's right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. Price Capped Community Housing Deed Restriction Page 7 of 12 e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, "and warrant title against all persons claiming under me." E Normal and customary closing costs shall be shared equally between the Owner and Town or Town's assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 10.d above, subject, however, to Section 10.f above. In the event that Town's Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 12. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 13. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. Price Capped Community Housing Deed Restriction Page 8 of 12 e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third -Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. 1. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of. (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then -current duly elected and seated Town Council, and the then -current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. Price Capped Community Housing Deed Restriction Page 9 of 12 n. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor's office. Price Capped Community Housing Deed Restriction Page 10 of 12 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: Name: Its: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. My commission expires: TOWN OF AVON, COLORADO: LON Eric Heil, Town Manager Price Capped Community Housing Deed Restriction Page 1 l of 12 Notary Public Attest: Brenda Torres, Town Clerk Exhibit A [Insert Property Legal Description] Price Capped Community Housing Deed Restriction Page 12 of 12 APPENDIX A.2. TOWN OF AVON RENT CAPPED COMMUNITY HOUSING DEED RESTRICTION THIS RENT CAPPED COMMUNITY HOUSING DEED RESTRICTION ("Deed Restriction") is entered into on 20 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 ("Town"), and [DEVELOPMENT ENTITY], with an address of ("Declarant") (each individually a "Party" and collectively the "Parties"). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at , Avon, Colorado 81620, and more particularly described in Exhibit A hereto ("Property"); and WHEREAS, pursuant to the Avon Community Housing Policies ("ACHP"), as may be amended from time to time, Declarant has agreed to place certain restrictions on the lease and occupancy of the Property for the benefit of the Town by requiring lease and occupancy of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The lease and occupancy of the Property shall be restricted as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant's expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence is the primary residence for that person. Rent Capped Community Housing Deed Restriction Page 1 of 11 b. Maximum Rental Rate means the maximum monthly rent payment for the Property. All ongoing fees required to be paid by the resident (including without limitation utilities and mandatory parking fees) must be included within the Maximum Rental Rate. C. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. d. 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 occupants are continuously occupying and using the Property as a primary residence. e. Second Home means the status of the Property when used by any person who has a Primary Residence that is not the Property. f. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. g. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Lease. Lease of the Property shall be limited to an Eagle County Employee (who may lease with their spouse or civil union partner) at a cost not to exceed the Monthly Rental Rate. C. Monthly Rental Rate. The Monthly Rental Rate for the Property shall be d. Occupancy and Use. Occupancy and use of the Property shall be limited to one or more Eagle County Employees for occupancy and use as a Primary Residence for periods of thirty (30) days or longer. Permitted occupancy and use shall include immediate family members of the Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Use or lease of the Property as a Second Home or for Short Term Rental is Rent Capped Community Housing Deed Restriction Page 2 of 11 prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. e. Exceptions. It shall not be deemed a violation of Sections 3.b. or 3.d. above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or W. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. E Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. g. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. h. No later than February 1 st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property's occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor's Office. 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. b. Failure to submit an annual certification of occupancy and use as described in Section 3.h above. Rent Capped Community Housing Deed Restriction Page 3 of 11 C. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. d. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. e. Permitting the use of the Property as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P.106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney's fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and Rent Capped Community Housing Deed Restriction Page 4 of 11 enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation ("Freddie Mac") or the Federal National Mortgage Association ("Fannie Mae") holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. C. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the Rent Capped Community Housing Deed Restriction Page 5 of I 1 amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed -in -lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect. e. The Town shall have thirty (30) days after issuance of the public trustee's deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee's deed or the recording of a deed in lieu of foreclosure through the date of the Town's purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development ("HUD") and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase ("Option to Purchase") the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above ("Option Period"). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. C. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re - conveyance to a subsequent Owner. d. The Town shall have the right to assign the Town's right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. Rent Capped Community Housing Deed Restriction Page 6 of 11 e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, "and warrant title against all persons claiming under me." f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town's assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that Town's Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. Rent Capped Community Housing Deed Restriction Page 7 of 11 e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third -Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. 1. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. in. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of. (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then -current duly elected and seated Town Council, and the then -current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. Rent Capped Community Housing Deed Restriction Page 8 of I n. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor's office. Rent Capped Community Housing Deed Restriction Page 9 of 11 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. My commission expires: TOWN OF AVON, COLORADO: By: Eric Heil, Town Manager Rent Capped Community Housing Deed Restriction Page 10 of 11 Notary Public Attest: Brenda Torres, Town Clerk Exhibit A [Insert Property Legal Description] Rent Capped Community Housing Deed Restriction Page 11 of 11 APPENDIX A.3. TOWN OF AVON OWNER OCCUPIED COMMUNITY HOUSING DEED RESTRICTION (NON -PRICE CAPPED) THIS OWNER OCCUPIED COMMUNITY HOUSING DEED RESTRICTION ("Deed Restriction") is entered into on 20 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 ("Town"), and [DEVELOPMENT ENTITY], with an address of ("Declarant") (each individually a "Party" and collectively the "Parties"). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at , Avon, Colorado 81620, and more particularly described in Exhibit A hereto ("Property"); and WHEREAS, pursuant to the Avon Community Housing Policies ("ACHP"), as may be amended from time to time, Declarant has agreed to place certain restrictions on the use and occupancy of the Property for the benefit of the Town by requiring ownership and occupancy of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant's expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Buyer means a prospective Qualified Owner who purchases the Property from an Owner. b. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) Owner Occupied Community Housing Deed Restriction Page 1 of 12 years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence is the primary residence for that person. C. Non -Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meets the definition of Qualified Owner. d. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. e. 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 occupants are continuously occupying and using the Property as a primary residence. E Qualified Owner means an Eagle County Employee who occupies the Property as their Primary Residence. g. Second Home means the status of the Property when used by any person who has a Primary Residence that is not the Property. h. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. i. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner's spouse or civil union partner). C. Occupancy and Use. During the first three (3) years of ownership by the Owner, the Owner shall occupy and use the Property as the Owner's Primary Residence. On and after the third anniversary of the Owner's acquisition of the Property, occupancy and Owner Occupied Community Housing Deed Restriction Page 2 of 12 use of the Property may include, but shall be limited to, (1) the Qualified Owner for their occupancy and use as a Primary Residence or (2) one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of the Qualified Owner or such Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. d. Exceptions. It shall not be deemed a violation of Sections 3.b. or 3.c. above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or W. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. e. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. f. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. g. No later than February 1 st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property's occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor's Office. 4. Re -Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the Buyer(s) and all information required to determine whether the Buyer(s) meets the definition of Qualified Owner. Owner Occupied Community Housing Deed Restriction Page 3 of 12 b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver -Aurora -Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town's costs associated with processing the application. C. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the Buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a Buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. f. Upon sale and conveyance of the Property by Owner to a Buyer, the Buyer shall be subject to the same occupancy and use requirements set forth herein. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. C. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. Owner Occupied Community Housing Deed Restriction Page 4 of 12 e. Failure to submit an annual certification of occupancy and use as described in Section 3.g above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. g. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. h. Permitting the use of the Property as a Short Term Rental or Second Home. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover Owner Occupied Community Housing Deed Restriction Page 5 of 12 any costs related to enforcement of this Deed Restriction, including but not limited to attorney's fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation ("Freddie Mac") or the Federal National Mortgage Association ("Fannie Mae") holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 7 and 8 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 7 or 8. 10. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. O%rner Occupied Community Housing Deed Restriction Page 6 of 12 C. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 10.f below), in the event of a foreclosure, acceptance of a deed -in -lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee's deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee's deed or the recording of a deed in lieu of foreclosure through the date of the Town's purchase. f. Notwithstanding Section 10.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development ("HUD") and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 11. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 10 above (whichever is earlier), the Town shall have the option to purchase ("Option to Purchase") the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above ("Option Period"). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. C. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re - conveyance to a subsequent Owner. Owner Occupied Community Housing Deed Restriction Page 7 of 12 d. The Town shall have the right to assign the Town's right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, "and warrant title against all persons claiming under me." f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town's assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 10.d above, subject, however, to Section 10.f above. In the event that Town's Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 12. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 13. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. Owner Occupied Community Housing Deed Restriction Page 8 of 12 d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third -Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of. (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such Owner Occupied Community Housing Deed Restriction Page 9 of 12 provision shall continue only for the period of the lives of the then -current duly elected and seated Town Council, and the then -current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. n. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor's office. Owner Occupied Community Housing Deed Restriction Page 10 of 12 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: Name: Its: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of , 209 by , as the owner of the real property described above. Witness my hand and official seal. My commission expires: Notary Public TOWN OF AVON, COLORADO: Attest: Eric Heil, Town Manager Owner Occupied Community Housing Deed Restriction Page 11 of 12 Brenda Torres, Town Clerk Exhibit A [Insert Property Legal Description] Owner Occupied Community Housing Deed Restriction Page 12 of 12 APPENDIX AA. TOWN OF AVON RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION (NON -PRICE CAPPED) THIS RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION ("Deed Restriction") is entered into on 20 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 ("Town"), and [DEVELOPMENT ENTITY], with an address of ("Declarant") (each individually a "Party" and collectively the "Parties"). WHEREAS, Declarant owns the real property and the improvements situated thereon, located at , Avon, Colorado 81620, and more particularly described in Exhibit A hereto ("Property"); and WHEREAS, pursuant to the Avon Community Housing Policies ("ACHP"), as may be amended from time to time, Declarant has agreed to place certain restrictions on the use and occupancy of the Property for the benefit of the Town by requiring occupancy of the Property as set forth in this Deed Restriction; and WHEREAS, Declarant declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction. The Town shall record this Deed Restriction against the Property at Declarant's expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle Resident Occupied Community Housing Deed Restriction Page 1 of 11 County if that person can demonstrate that the residence is the primary residence for that person. b. Non -Qualified Resident means any person who does not meet the definition of Qualified Resident, including persons who originally qualified as a Qualified Resident but whose circumstances change and who no longer meets the definition of Qualified Resident. C. Owner means the owner of record of the Property according to the Clerk and Recorder of Eagle County during their period of ownership. d. 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 occupants are continuously occupying and using the Property as a primary residence. e. Qualified Resident means an Eagle County Employee who occupies the Property as their Primary Residence. f. Second Home means the status of the Property when used by any person who has a primary residence that is other than the Property. g. Short Term Rental means the rental or lease of the Property, in whole or in part, for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days. h. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, the Town shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Occupancy and Use. The Property shall be occupied by at least one (1) Qualified Resident. Permitted occupancy and use shall include immediate family members of the Qualified Resident(s) and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property shall be for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property that is not allowed or is prohibited by this Deed Restriction shall constitute a default of this Resident Occupied Community Housing Deed Restriction Page 2 of I Deed Restriction and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction against the Owner. C. Exceptions. It shall not be deemed a violation of Sections 3.a. or 3.b. above if: i. The occupant of the Property who was a Qualified Resident at the time their occupancy began becomes a Non -Qualified Resident because the occupant becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The occupant of the Property who was a Qualified Resident at the time their occupancy began becomes a Non -Qualified Resident because the occupant has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or W. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to a Qualified Resident, provided that the period of vacancy of the Property shall not exceed twelve (12) months. d. Every Owner, by taking title to the Property, covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. e. Every Owner, by taking title to the Property, covenants that any lease of the Propety shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Qualified Resident status. f. No later than February 1st of each year, the Owner shall submit to the Town a certification setting forth evidence establishing that the occupancy and use of the Property complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor's Office. 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the residence on the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Occupancy of the Property by a person who is a Qualified Resident prior to obtaining certification from the Town that such person is a Qualified Resident. b. Any use or occupancy of the Property in violation of Section 3 above. Resident Occupied Community Housing Deed Restriction Page 3 of 11 C. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. d. Failure to make payments and comply with the terms of any deed of trust placed on the Property after any period for notice and cure provided in said deed of trust. e. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. f. Permitting the use of the Property as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to Resident Occupied Community Housing Deed Restriction Page 4 of 11 attorney's fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages.. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town's ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation ("Freddie Mac") or the Federal National Mortgage Association ("Fannie Mae") holds or is assigned a deed of trust for the Property, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. C. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the Resident Occupied Community Housing Deed Restriction Page 5 of 11 amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed -in -lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee's deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee's deed or the recording of a deed in lieu of foreclosure through the date of the Town's purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development ("HUD") and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase ("Option to Purchase") the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above ("Option Period"). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. C. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts shall be paid .in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re -conveyance to a subsequent Owner. d. The Town shall have the right to assign the Town's right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. Resident Occupied Community Housing Deed Restriction Page 6 of I I e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, "and warrant title against all persons claiming under me." f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town's assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Sections 9.e and 9.f above. In the event that Town's Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. C. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder's Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Resident Occupied Community Housing Deed Restriction Page 7 of 11 Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third -Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Deed Restriction Runs with the Land. Owner and any subsequent Owner of the Property, and all other parties with an interest in title to the Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Property, that this Deed Restriction shall constitute an irrevocable covenant running with title to the Property as a burden thereon for the benefit of the Town, or its assign, and shall be binding on the Owner of the Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Property. j. Successors. The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town. k. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. 1. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. m. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Deed Restriction or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then -current duly elected and seated Town Council, and the then -current Town of Avon employees, their now living descendants, if any, and the survivor of them, plus twenty-one (2 1 ) years. n. Section Headings. Paragraph or section headings within this Deed Restriction are Resident Occupied Community Housing Deed Restriction Page 8 of I I inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. o. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. p. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre -paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor's office. [signature page follows] Resident Occupied Community Housing Deed Restriction Page 9 of 11 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: By: Name: Its: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20 , by , as the owner of the real property described above. Witness my hand and official seal. My commission expires: Notary Public TOWN OF AVON, COLORADO: Attest: Eric Heil, Town Manager Resident Occupied Community Housing Deed Restriction Page 10 of 11 Brenda Torres, Town Clerk Exhibit A [Insert Property Legal Description] Resident Occupied Community Housing Deed Restriction Page 1 l of I APPENDIX B — RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS E.g., Declarations and Covenants, Plat Notes, etc. COVENANTS The Town of Avon hereby reserves the right to participate as a voting member of the "(Home)Owner(s) Association" as an equity partner to the Owner listed on Title for any properties restricted as a Town of Avon Deed Restricted Housing Unit. The Town of Avon reserves the right to review any financial documents as approved by the "(Home)Owner(s) Association". PLAT NOTES Using "Community Housing" as a Use: All properties within / Lots / Parcel Nos. are hereby restricted as Community Housing Units, subject to the requirements of the Avon Municipal Code Titles 3 and 7. Using Inclusionary Housing Requirements: Unit Nos. are hereby restricted as Community Housing Units ("CHU"), subject to the requirements of the Avon Municipal Code and Avon Community Housing Policies ("ACHP"), until or unless said restriction is released by the Town of Avon. Avon Community Housing Policies October 24, 2023