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TC Res. No. 2001-08a~tll~ TOWN OF AVON RESOLUTION NO. 01-08 SERIES OF 2001 A RESOLUTION APPROVING THE MASTER DEED RESTRICTION AGREEMENT FOR LOT C PUD ("Mountain Vista Resort AVON CENTER AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Lot C PUD Zoning and Development Plan for Mountain Vista Resort, Avon Center at Beaver Creek Subdivision (hereinafter referred tows "Mountain Vista") approved by Ordinance 98-21 and Ordinance 00-02 included a requirements for 20 employee deed restricted housing units provided by the property owner, Point of Colorado, Inc; and WHEREAS, the Master. Deed Restriction Agreement (a copy of which is attached hereto and made a part hereof) complies with Ordinance 98-21 and Ordinance 00-02 and the Lot C PUD and Development Standards; and WHEREAS, the Master Deed Restriction Agreement includes provisions for selling and leasing the 20 employee housing units, which shall constitute covenants running with the real property and shall be specifically enforceable by the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE'T_ OWN OF AVON, COLORADO, 1. The Master Deed Restriction Agreement for Mountain Vista Resort complies with Ordinance 98-21 and Ordinance 00-02 and the Lot C PUD and Development Standards. 2.' That the Town Council of the Town of Avon, Colorado does hereby approve the attached Master Deed Restriction Agreement for Mountain Vista Resort. ADOPTED THIS 24 DAY OF April , 2001. TOWN COUNCIL TOWN OF AVON, COLORADO J Yoder, I~Tayy 755830 Page: 1 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 ~l< <Y APPROVED AS TO FORM: Burt Levin, Town Attorney 755830 Page: 2 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140. 00 D 0. 00 A~ DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY, RENTAL, AND. RESALE OF UNITS THIS DEED RESTRICTION AGREEMENT (the "Agreement") is made and entered into this lp'm day of K0VF_H13P_M , 2000 by the TOWN OF AVON (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation., whose address.is 8801 Vistana Centre Drive, Orlando, Florida 32821 (the "Declarant"). WITNESSETH: WHEREAS, Declarant owns the real property described as Lot C, Avon Center at Beaver Creek Subdivision„("Lot C"). WHEREAS, Declarant is in the process of resubdividing Lot C, Avon Center at Beaver Creek Subdivision into several parcels; WHEREAS, Ordinance 00-02, the PUD Zoning and Development Plan and Development Agreement included approval- of 20 employee housing units.with the condition that a deed restriction agreement shall be executed between the property owner and The Town of Avon, to establish certain restrictions on such employee housing; WHEREAS, the 20 employee housing units will be constructed on that portion of Lot C described'as Lot 1 on the map attached hereto, and, made a part hereof as Exhibit A (the "Property"-). WHEREAS, Declarant intends to rent or sell the.20 employee housing units in accordance with the Development'Agreement, Ordinance 00-02 and the Lot C PUD and Development Standards; WHEREAS, this Agreement shall constitute covenants running with the Property, as a burden thereon, for .the benefit of, and shall be specifically enforceable by,. the Town, by any appropriate legal action including but not limited to specific., performance, injunction, reversion or eviction of non-complying owners; tenants and/or occupants; WHEREAS, a "Unit" means., any and "Units", means all of the 20 employee housing units located on the Property; I 755830 Page: 3 of 28 04/30/2001 04:59P• Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc _ 1 _ - NOW THEREFORE, in consideration of the promises above and the terms and conditions set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant hereby agrees,. covenants and represents as follows ARTICLE 1 GENERAL 1.1 Declarant agrees that this Agreement shall constitute a sale, resale and rental agreement setting forth the maximum sale price for which the Units may be sold and resold, and/or the maximum. rental rate that may be charged. 1.2 Declarant agrees to restrict the Units against'any use and occupancy expressly prohibited by this Agreement. Except as otherwise provided, .the use and occupancy of the Units shall be limited exclusively to housing (i) for natural persons who meet the definition of Qualified Buyers and their families., -(ii) for employees of an owner who is a Qualified Buyer,'(iii) for employees of Declarant, Declarar1t`s parent, subsidiary and affiliated companies, and their successors and assign, and (iv) for natural persons who meet the definition of 'Qualified Tenants and their families. 1.3 All occupants of the Units must: a. occupy the Unit as their sole place of residence during the time that the Unit is-..owned or rented, except as specifically permitted under this Agreement; 'b. not engage'in any business activity on or'in such Unit, other ''than permitted in that zone district or by applicable ordinance; C. sell.or otherwise transfer such Unit only in accordance with this Agreement; d. not sell or otherwise transfer such Unit for use in a trade or business; and e. not, permit any use or occupancy'of such Unit except in compliance with this Agreement. 1.4 The Units shall be and are to be utilized only as the exclusive and-permanent place of residence of any person occupying a Unit other than guests of permanent residents. A permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 75583@ 11111 Page: 4 of 28 04/30/2001 04:59P Sara J Fisher Eagle CO 370 R 140.00 D 0.00 intention of returning after a departure or absence therefrom, provided,. such absence does not exceed a period of one year or such greater period of time as has been approved by the Town in writing for good cause, including hardship or other extenuating circumstances. 1.5 In determining residency, the Town staff shall consider 'the following circumstances relating to the owner or renter,: business pursuits, employment, income sources, residence for income or'other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. All occupants, other than guests of permanent residents, shall be employed a minimum of thirty hours per week in Eagle County or be an eligible retired or disabled person as defined in Article 2.1.b. 1.6 In the event occupant changes domicile or ceases to utilize the Unit as his or her sole and exclusive place of residence, the Unit shall be offered for sale or rent pursuant to the provisions of this Agreement. Where the provisions of this paragraph apply, the Town may require the owner to rent the Unit in accordance with the provisions of Article 4 below. 1.7 If at any time the owner or renter of a Unit (other than an owner or renter who is an employer using the Unit for employee housing or an owner or renter who owns the Unit or Units for the purpose of renting to tenants in compliance with this Agreement), also owns any interest alone or in conjunction with others in any developed residential property or dwelling unit(s) located in Eagle County, owner or renter agrees to immediately list and actively market said other developed.residential property or dwelling unit for sale or lease and to sell or lease owner or renter's interest in such property at a sales price or lease rates comparable to like dwelling units or properties in the area in which the property or dwelling unit(s) are located. In the event said other developed residential property or dwelling unit has not been sold or leased by owner or renter within one hundred eighty (180) days of its listing for sale or rent, then owner hereby agrees to immediately list this Unit for sale pursuant to the provisions of Article 3 or in the case of a renter, the renter must vacate the Unit'at the end of such one hundred eighty (180) day period and the owner may either sell or lease the Unit in accordance with Article 3 or Article 4 respectively. It is understood and agreed between the parties hereto that, in the case of an owner or renter whose business is the construction and sale or lease of residential properties or the purchase and resale of such properties,, the properties which constitute inventory in such an owner or renter's business shall not constitute "other developed residential C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc I~~InINVIIVIIIIIIUIIIIMIIIINIWInIIIaIIVII ==a.0; 28 Sara J Fisher Eagle, CO 370 R 140. 00 D 0.00 property" or "dwelling unit (s) " as those terms are used in this paragraph. ARTICLE 2 SALE AND TRANSFER OF UNITS 2.1 Declarant and all subsequent owners shall restrict the sale and transfer of the Units to "Qualified Buyers," as defined as follows: a. An owner who occupies the Unit as his or her primary place of residence. b. An owner who is a full time employee working at least thirty (30) hours per week in Avon or Eagle County, or a retired person who has been a .full time employee in Avon or Eagle County a minimum of four (4) years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in Avon or Eagle County a minimum of two (2) years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them. c. An owner whose household income does not exceed 120 percent (120%) of the Eagle County Median Family Income as, determined by the Department of Housing and Urban Development (the "Department") guidelines or by the Town in the event such guidelines cease to be maintained by the Department (the "ECMF.I"). d. An owner whose total.current family net assets are not in excess of $250,000.00 ($360,000.00 for a retired person) or whose total current family net assets have not been in excess of $250,000.00 ($360,000.00 for a retired person) during the two (2) years preceding if the same were transferred or disposed of to confer eligibility' hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index. e. An owner who is a person or entity who owns the property for the purpose of renting the units as employee housing in accordance with this Agreement. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 4 - ~7 p 155830 Page: 6 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 ARTICLE 3 MAXIMUM SALE'PRICE 3.1 The maximum sales price ("Maximum*. Sales Price°), for a Unit shall be calculated as of the date a binding written purchase and, sale agreement is entered into between.owner and buyer based upon .the following formulas or in accordance with-such other formulas as may from time to time agreed to by the parties: 3 Bedroom Dwelling Units (3-bedroom units with 100% of Eagle County Medium Family Income/$130.00 Taxes & Ins/$120.00 HOA dues/Condo Assessment/ 8% Financing & 30 yr loan) With 10% Down: $201,291 2 Bedroom Dwelling-Units (2=bedroom units with 90% Eagle County Medium Family Income/$130.00 Taxes & Ins/$120.00 HOA dues/Condo Assessment/8% Financing & 30 yr loan) With 10% Down: $176,863 1 Bedroom Dwelling Units (1-bedroom units. with 80% of Eagle County. Medium Family Income/$130.00 Taxes/$120 HOA dues/8% financing & 30 yr loan) With 10% Down: $152,436 Studio Dwelling Units (Studio units with $35,:150/$130.00 Taxes/$120.,00 HOA dues/8% Financing &-.30 yr loan) With 10% Down: $79,991 3.2 In the event.that an owner shall desire to sell a Unit, he or she shall deliver to the Town a Request to Sell, Exhibit. "D" hereto. Upon receipt of written authorization from the Town to proceed, the owner may immediately advertise the Unit for sale to Qualified Buyers. In the case of resales, owner may engage a ,real C:\TEMP\LOt C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc I~IIIIIIRVIIIIIIIIIIIIIIRIIIIAIRIIIIdllll~ :spa:°a 28 ~,Sara J Fisher Eagle, CO 370 R 140. 00 D 0. 00 estate broker, and the sale price shall then be adjusted upward to include a maximum sales commission of 1%. Owner may accept any offer that is not greater than the maximum sale price as defined below; or owner may reject all offers and retain ownership of the Unit. Prior to closing sale of the Unit, owner shall provide evidence, in the form attached as Exhibit "E", to show that the Unit is being sold to a Qualified Buyer and for an amount not greater than the maximum sale price as defined herein. 3.3 When more than one Qualified Buyer exists, the sale and resale of units shall be awarded based upon.income, with the highest priority given to those with the lowest income. Preference will also be granted to persons either residing or working within the Town, and then to those working or living within Eagle County. The Town of Avon Community Development Director or designated representative shall approve all buyers and set the maximum sale price based upon this Agreement. 3.4 The sale price of multiple units shall not exceed the sale price of the individual units times the number of units being sold in accordance with this paragraph. 3..5 Allowance for Capital Improvements a. For the.purpose of determining the Maximum Sale Price.-In accordance with this Section, the owner may add a sales commission of 1% and the cost of Permitted Capital Improvements (as defined in Exhibit "B"). The amount for capital improvements shall not exceed ten percent (10%) of the initial listed purchase price set forth.above for an initial ten (10) year period. For every ten (10) year period, from the date of original purchase and deed restriction, another ten percent (10%) of the purchase price may be added to the value of the property for capital improvements. In calculating such amount, only those Permitted Capital Improvements identified in Exhibit "B" hereto shall qualify for inclusion. All such Permitted Capital Improvements installed or constructed over the life of the,Unit shall..qualify. b. Permitted Capital Improvements shall not include any changes or additions to the Unit made by the owner during construction, except in accordance with Exhibit "B".. Permitted Capital Improvements shall not increase the base price, even if made or installed during original construction. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV .doc - 6 - I 111111111111111111111111111111111111111111 Sara J Fisher Eagle, CO 370 R 140 755830 Page: 8 of 28 04/30/2001 04:59P 00 D 0.00 C: In order to qualify improvements as Permitted Capital Improvements, the owner must furnish to the Town the following information with respect.to the improvements, which the owner seeks to include in the calculation of Maximum Sale Price: 1) Original or duplicate receipts to verify the actual costs expended by the owner for the Permitted Capital Improvements; 2) Owner's affidavit verifying that the receipts 'are valid and correct receipts tendered at the time of purchase; and 3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Town of Avon Department of Community Development with respect to the Permitted Capital Improvements. d. For the purpose of determining the Maximum Sale Price in accordance with this Section, owner may also add the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency or homeowners association, provided that written certification is provided to the Town of both the. applicable requirements.. e. In calculating the costs, only the owner's actual out-of- pocket costs and expenses shall be eligible for inclusion. Such amount shall not include an amount attributable to owner's "sweat equity" or to any appreciation in the value of the improvements. 3.6 Owner shall not permit any prospective buyer to assume any.or all of the owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price 'so as to induce the owner to sell to such prospective buyer. 3.7 In, the event that title to a Unit vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non=Qualified Transferee(s)") with the exclusion of an.owner renting to employees or other owner renting under the terms of- this agreement, the Unit shall immediately be listed for sale, and the highest bid by aQualified Buyer shall be accepted in accordance with the terms of this agreement establishing priority of the sale to buyer. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV - .doc 7 _ I~I~IqisIV~IIVIVNIU~InVNI~N~RINN ~==a~0~ 'Sara J Eagle, CO 140. 00 D 0. 00 a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to:.l) occupy the Unit; 2)' rent the Unit, except in strict compliance with Article'4 hereof; 3) engage in any other 'business activity on or in the Unit; 4) sell.or otherwise transfer the Unit except in accordance with this Agreement; or 5) sell or otherwise transfer the Unit for"use in a trade or business. C. The Town shall have the right and option to purchase the Unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the Town by a Non-Qualified Transferee(s), and, in the event of exercising its right and option, shall purchase the Unit from the Non-Qualified Transferee(s) for cash,at the Maximum. Sale Price, or the appraised market value, whichever is less. The offer to sell. shall be made by the Non-Qualified Transferee within fifteen (15) days of acquisition of the Unit. 3.8 If.Declarant or owner is unable to secure a Qualified Buyer for any Unit within one hundred eighty (180) days after li"sting the Unit, the Town shall either (i) purchase and close on the Unit for the Maximum Sales. Price within thirty (30) days after receipt of notice from the Declarant or owner, or (ii) execute," record and deliver an instrument permanently" releasing the Unit from the provisions of this Agreement. 3.9 Notwithstanding anything.in this Article 3 to the contrary, no owner (other than Declarant) shall sell his or her Unit for an amount ("Maximum Sales Price") in excess of said owner's purchase price, plus an increase of three percent (3%) of such price per year, simple interest, from the date of purchase.to the date said Owner delivers a Request to Sell to the Town (prorated at the rate of .25 percent for each whole month for any part of a_year), plus the one percent sales commission and the amount of any permitted Capital Improvements. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV .doc 755830 Page: 10 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 ARTICLE 4 RENTAL OF UNITS 4.1 Declarant and all subsequent owners shall restrict the rental or lease of the Units to "Qualified Tenants," as defined as follows a. A person who occupies the Unit as his or"her primary place of residence. b. A person who is a full time employee working at least thirty (30) hours per week in Avon or Eagle County, or a retired person.who has been a,full time employee in Avon or Eagle County a minimum of four (4) years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in Avon or Eagle County a minimum of two (2) years" immediately prior to his or her determination of disability, "or the spouse or dependent of any such persons who resides with them. C. A person whose household income is no more than ' eighty percent (80%) of the ECMFI as determined by the Department guidelines or by the Town in'the event such, guidelines cease to be maintained by the Department. d. An owner whose total current "family net assets are not in excess of $250,000.00 ($360,000.00 for a retired person) or whose total current family net assets have not been in excess of $250,000.00 ($360,000.00 for a retired person) during the two (2) years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index. 4.2 Owner may.rent the Unit consistent with this Agreement and the zoning ordinances of the Town. Vacation rentals shall not be permitted. Prior to occupancy, any tenant must be approved by the Town as meeting the requirements of a established herein. Owner shall submit a completed Affidavit of Lessee in the'form attached hereto at Exhibit "F" to the Town with a request for approval of the Tenant. The Town shall not approve any lease"with a term less than thirty (30) days. A signed copy of the lease must be provided to the Town prior to occupancy by any tenant.. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc 755830 I Page: 11 of 28 Sara J Fisher Eagle, Co 370 R 140.00 D 0000 4.59P ,30 4.3 Notwithstanding any other provision of this Agreement to the contrary, a business owner of the. Units may rent the Units to employees or others meeting the requirements established herein. 4.4 The maximum rental rate ("Maximum Rent") fora Unit shall be calculated as of the date a binding written lease agreement is entered into between owner and tenant, based upon the following formulas or in accordance with: a. 3 Bedroom Units: $1,100.00 per month not including: utilities, based on 33% of gross monthly income from the most recent Department/Eagle County Housing Division calculations. b. 2 Bedroom Units: $935.00 per month not including utilities, based on 33% of gross monthly income from the most recent Department/Eagle County Housing Division calculations. C. 1 Bedroom Units: $806.00 per month not including utilities, based on 33% of gross monthly income from the most recent Department/Eagle County Housing Division calculations. d. Studio Units: $685.00 per month not including utilities, -based on 33% of gross monthly income from the most recent Department/Eagle County Housing Division calculations. The Maximum Rent has been calculated to include allowable charges for "Tenant-Furnished Utilities and Other Services" for buildings three stories or less, as set forth on the October 1999 HUD From 52667 (12/97), attached hereto as Exhibit "G" (the "Allowable Charges"). The parties agree that when a Lease is entered into or renewed, if the Allowable Charges, as calculated on the form attached as Exhibit "G" (or such other authorized replacement form), applicable as of the effective date of such Lease or renewal, are more than the Allowable Charges shown on Exhibit "G", owner may increase the Maximum Rent 'by an amount equal to such difference. 4.5 If Declarant or owner is unable to'.secure a tenant meeting the requirements established in this Article 4 within ninety (90) days after first offering the Unit for rent, the Town shall either (i) rent the Unit for the Maximum Rent within thirty .(30) days after receipt of notice from the Declarant or owner, or (ii) authorize in writing the, rental of the Unit to any person and on any terms deemed appropriate by the Declarant or owner ("Rental Exception"). A signed copy of the Rental Exception lease must be provided to the C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 10 - Page: 12 of 28 Sara J IIPII I IYI NIIXI III IIPIIIIIIII IIIII ~ ~I 111111 III III e55830 Town prior to occupancy by any tenant. The, provisions of this Article 4 shall apply except to the Rental Exception. ARTICLE 5 BREACH OF AGREEMENT 5.1 It shall be a breach of this Agreement for an owner to default in making payments or performing other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Unit. Owner must notify the Town, in writing, of any notification received from a lender, or its assigns, of past due payments or default in making payments or performing other obligations due or to be performed under a promissory note secured by a first deed of t-rust, as described herein, within five (5) calendar days of owner's notification from lender, or its assigns, of said default or past due payments. 5.2 In the event that the Town has reasonable cause to believe the owner is violating the provisions of this Agreement, the Town, by its authorized representative, may inspect the Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the owner with no less than 24 hours advance written notice.' 5.3 The Town, in the event of a violation of this Agreement, shall ...send a notice of violation to the owner detailing the nature of the violation and allowing the owner thirty (30) days to cure. ARTICLE 6 REMEDIES 6.1 There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or-any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs,,"including reasonable.attorney's fees, as determined by the arbitrator or the court. 6.2 In the event the Unit is sold, conveyed and/or leased without compliance herewith, such sale, conveyance or.lease shall be wholly null and void and shall confer no title whatsoever upon the purported buyer or leasehold interest to the'tenant. Each and every conveyance of a Unit, for all purposes, shall be deemed to C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 755830 Page: 13 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. .6.3. In the event that the owner fails to cure any breach, the Town ...may resort to any and all available legal action, including, but not limited to, specific performance of.this Agreement or a mandatory injunction requiring sale of the Unit by owner as specified in. Article 2. The costs of such sale shall be taxed . against the proceeds of the sale with the balance being paid to owner. ARTICLE 7 FORECL08URE 7.1 The Town, pursuant to the Option to Buy attached hereto ' as Exhibit "C", the terms of which are incorporated in this Agreement by this''.reference as if fully set forth herein, shall release and waive its ability to enforce the resale deed restrictions continued herein,. in the event of foreclosure or the acceptance of a deed in lieu of.foreclosure, provided that said Option to Buy grants to the Town the option to acquire the Unit within thirty (30) days after. the issuance of a public trustee's deed to the holder '(including assigns of the holder) of the promissory note secured by a first deed of trust .for an option price not to exceed the redemption price on the last day of all statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. 7.2' In the event that the Town exercises the option pursuant to the terms of that certain Option to Buy, described above, the Town and/or its designee, may sell the Unit to Qualified Buyers as that term is defined herein, or rent the Unit according to Article 4 until such time that the Unit can be sold to a Qualified Buyer in accordance with this Agreement. ARTICLE 8 GENERAL PROVISIONS 8.1 'Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with.postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the 'other parties to this Agreement. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc - 12 - 755830 Page: 14 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: Points of Colorado, Inc. Attn: James A. McKnight 8801 Vistana Centre Drive Orlando, Florida 32821 With a copy to: c/o Stanwood Vacation Ownership, Inc. Attn: Susan Werth 701 Brickell Avenue, Suite 2100 Miami, Florida 33131 To the Town: Town Manager Town of Avon P.O. Box 975 Avon CO 81620 To Unit Owners: To the address shown in the deed to each Unit. 8:2 Exhibits. All exhibits attached hereto (Exhibits "A, "B," "C,II I'D", "E" and "F") are incorporated herein and by this reference made a part hereof. 8.3 Severability.. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective.to the extent of such invalidity or prohibition without invalidating the remaining provisions of such documents. 8.4 Invalidity. Notwithstanding the provisions of Paragraph 8.3 above, in the event a court of competent jurisdiction at any time .determines that the Town does not have a right, power or authority to require a developer'to enter into an agreement restricting the sale and/or rental of housing as a condition to the issuance of a building permit or other governmental authorization, the Town shall within twenty (20) days of receipt of written notice from developer or, owner execute, record and deliver an instrument permanently releasing the Property from the provisions of this Agreement. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc - 13 - - I 75583@ Page: 15 of 28 I 04/30/2001 04:59P Sara J Fisher Eagle, Co 370 R 140.00 D 0.00 8.5 Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 8.6 Successors. Except as otherwise provided herein,. the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 8.7 Section Headings.. Paragraph or section headings within this Agreement are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid' in the construction of any terms or provisions contained herein. 8.8 Waiver. No claim of waiver, consent_ or acquiescence with respect. to any provision of this Agreement shall be valid against any ',party hereto except on the basis of a written instrument executed by the parties.to this Agreement. However, the party for whose be a condition is inserted herein shall have the unilateral right to waive such condition. 8.9 Gender and Number. Whenever the context so requires herein, 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. 8.10 Further Actions. The parties to this Agreement 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 agreement or any agreement or document relating hereto or entered itto in connection herewith. 8.,11 Modifications. The parties to this Agreement agree 'that any modifications of this Agreement shall be effective only when made by writings signed by both parties and. recorded with the Clerk and Recorder of Eagle County, Colorado. Notwithstanding the foregoing., the Town reserves the right to amend this .'Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, provided such unilateral action does` not materially impair the Declarant's or owner's rights nor any lender's rights under this Agreement. 8.12 Owner and. Successors. The term "owner" shall mean the person or persons who shall own an interest in a Unit,,,i,ncluding without limitation, the Declarant; it being understood that such person or persons shall be deemed an "owner" hereunder only.during the period of his or her ownership interest of a Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc - 14 - 755830 Page: 16 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 such period. This Agreement shall therefore be deemed a covenant running with the land And.shall.bind the parties' successors and assigns IN WITNESS WHEREOF, the parties, hereto have executed this instrument on the day and year first above written. DECLARANT: POINTS OF COLORADO, INC. By; J es A. McKni It Its: Se ior.V ce Pr si nt STATE OF FLORIDA ) ss. COUNTY.OF ORANGE The foregoing instrument was acknowledged before me this 10_TH day .of November, as Senior Vice President 2000, by James A. McKnight, of Points of Colorado, Inc. Witness my hand and official seal. My commission expires: October 12, 2004 'LYNN L SLU~ndmftm . , r MY COMMISSIOEXPIRES: Oct$' 9ondad rm Notary No ary Pub ic. Lynn I. Stuckas Commission #CC 974869 755830 Page: 17 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140. 00 D 0. 00 C:\TEMP\Lot.C,- DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc - 15 - ACCEPTANCE BY THE TOWN OF AVON The foregoing Deed Restriction Agreement And its terms are hereby adopted and declared by.the Town of Avon. TOWN OF AVON By: 67 Its: ~-tGt, c) STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ~jf day of 14-i2y-j 2000, by e as p of the Town of Avon. Witness by hand and official seal. My commission expires: l L -dotary public C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc - - - = 16 755830 Page: 18 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 EXHIBIT "A" (Property Map) ti \\VSTNTI%OLG\Lot C\LR1G\do\pj\I.ot C - DEED RESTRICTION-EMPLOYEE HOUSING REV-.doc 17 755830 Page: 19 of 28 Sara J Fisher Eagle, CO 370 R 140.00 04/30/2001D 0.00 4:59P Vl ti - 14{ Cr " %-4 Carr LOT 2A EXHIBIT °B" Permitted Capital Improvements 1. The term "Permitted Capital Improvement" as used in the Agreement shall include only"the following: a. Improvements or fixtures erected, installed orttached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation;. C. Improvements for health and safety protection devices; d. Improvements to add and/or finish permanent/fixed storage space; and/or e. Improvements to finish unfinished.space. 2. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Upgrades/.replacements of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of the. unit; b.. The cost of adding decks and balconies and any extensions thereto; C. Whirlpool tubs, saunas, steam showers and other, similar, items; d. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other, similar, items; and/or e. Upgrades or addition of decorative items, including lights, window coverings and other similar :items. 3. All Permitted Capital' Improvement items and costs shall be approved by the Town staff prior to being added to the Maximum Sale Price as defined in the Agreement. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc - 18 - 755830 Page: 20 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 EXHIBIT "C" OPTION TO BUY' In the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on a deed restricted dwelling unit within a portion of the Property and subject to the issuance of a public trustee's deed 'to the holder following the expiration of all statutory redemption rights, the Town of Avon ("the Town") shall have. the option to buy the Unit which shall be exercised in the following manner: a. Notice. The holder shall give such notice to the Town as. is required by law in the foreclosure proceeding. Said notice shall be sent by Certified mail, return receipt requested, and addressed as follows:, Town Manager Town of Avon P.O. Box 975 Avon CO 81620 b. Option to Buy. The Town shall have thirty (30) days after issuance of the public trustee's deed in which, to exercise this .Option to Buy by tendering to the holder, in cash or certified funds, an amount equal to the. redemption price which would have been required of the borrower or, any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any, additional reasonable costs incurred by the holder during, the option period which are directly related to the., foreclosure. C. Title. Upon receipt of the option price, the holder* shall deliver to.the Town a special warranty deed, conveying the Unit to the Town. The holder shall convey only such title as it received through the public trustee's.. deed and will not create or participate in the creation of any additional liens or encumbrances, against. the, unit following issuance of the public trustee's deed to the C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV doc - 19 - - 755830 ' ~a.~ IIII IIII III^I II III II VIII III IIRI I IIII Page: Sara J Fisher Eagle, CO '470 R 140. x holder. The holder shall not be liable for any of the costs of conveyance to the Town or its designee. d. Release. In the event that the holder is issueda public trustee's deed and the Town does not exercise the Option to Buy, as provided herein, the Town shall cause to be recorded in the records of the Clerk and Recorder of Eagle County a full and complete release. Such release shall be placed of record within fourteen (14) days after demand, therefore, by the holder following expiration of the option and.a Certified copy of the release shall be. mailed to the holder upon its recordation. e. Perpetuities Savings Clause. .If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or,options created by this option to Buy shall be unlawful or void for violation of: (a) the rule against perpetuities or some, analogous 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 current duly elected and seated Town Council of the Town of Avon, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. f. Successors and Assigns.. Except as otherwise provided herein,.the provisions and covenants contained herein shall inure.to and be binding upon. the heirs, successors and assigns of the parties hereto. g. Modifications. The parties hereto agree that any modification to this option to Buy shall be effective only when made by writings signed by both parties and.. recorded with the Clerk and Recorder of Eagle County, Colorado. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV .doc 20 - IVNIIIIN~IINIIIIIINIIIIVIIIINIIIIVIIInIIIIN -=a°w28 Sara CO 370 R 140.00 D 0.00 EXHIBIT "D" REQUEST TO SELL Town of Avon Community,Development P.O. Box 975 Avon CO 81620 RE: Resal® of Unit Dear Town of Avon: This letter is my request to sell.Unit , with a closing' date of I have estimated the maximum sales price, as calculated below in accordance with-the terms of the Deed Restriction- Agreement for the Occupancy and Resale of Units, recorded in Official Records Book Page of the Public Records of Eagle County, Colorado. Purchase price of unit $ Allowed three percent (3%) per annum based on months ownership Condominium assessments (specifically assigned'to unit for common area improvements) Property improvements (itemize below) Customary-real estate sales commission % Maximum Sale Price $ _ Sincerely, Owner APPROVED: TOWN OF AVON By: Title: C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV .doc 21 - 755830 Page: of 28 04/30/200104:59PI Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 EXHIBIT "E" Affidavit of Purchaser STATE OF COLORADO ) ss. COUNTY OF EAGLE ) being duly',sworn upon his/her oath, deposes and says under penalty of perjury, that: 1.. He/she has entered into a contract to purchase Unit Town of Avon, County of Eagle and State of Colorado for a sale price of $ 2. He/she is purchasing the Unit to occupy it as his/her primary place of residence.. He/she will not engage in any business activity in the Unit, other than that permitted in the applicable zone district or by applicable ordinance, and will not transfer the Unit for use'in a trade or business. 3. His/her income does not exceed percent of the Eagle County Median Family Income. Attached hereto is a copy of his/her federal tax return for the tax year immediately prior hereto. 4. He/she is a full time employee working at least thirty (30) hours per week in Avon.or Eagle County, or a retired person who has been a full time employee in Avon or Eagle County a minimum of four (4) years immediately prior to his. or her .retirement, or a person having a medical disability who has been a full time; employee in Avon or Eagle County a minimum of two.. (2) years immediately prior to his or her determination of disability, or the spouse. or dependent of any such persons who resides with them. 5. His/her total current family net assets are not, in excess of $ for a retired person) and have not been in excess of $ for a retired person) during the two (2) years preceding if the same,were transferred or disposed of to confer eligibility for purchase of- the Unit. C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 22 - 755830 Page: 24 of 28 04/30/2001 04:59P~~ Sara J Fisher Eagle, Co 370 R 140.00 D 0.00 6. He/she states that he/she has received a copy of and. will abide by the terms and conditions of that certain Deed . Restriction Agreement' for the Occupancy and Resale of Units, recorded. in Official Records Book Page of the Public Records of Eagle County, Colorado. DATED.the day of , The foregoing.was subscribed and sworn to before me, the undersigned Notary Public., on the day of , by My, commission expires: Witness my hand and seal. Notary Public C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 23 - - - - - 75830 Page: of 28 04/30/200104:59P1 , Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 EXHIBIT "F" STATE OF COLORADO COUNTY OF EAGLE Affidavit of Lessee ss. being duly sworn upon his,/her oath, deposes and says, under penalty of perjury, that: 1. He/she has entered into a contract to rent Unit , of Avon Center at Beaver Creek, Town of Avon, County of Eagle and State of Colorado in the. amount of a' $ per month. 2. He/she is renting the Unit to occupy it as his/her primary place of residence. He/she will not engage in any business activity in the Unit, other than that.permitted in the applicable zone district or by applicable ordinance. 3. His/her income does not exceed 120 percent of the Eagle.County Median Family Income $ Attached hereto, is a copy of his/her federal tax return for the tax year immediately prior hereto. 4. He/she is a full time employee working at least thirty (30) hours per week in Avon or Eagle County, or a retired person who has been a full time employee in Avon or Eagle County.a minimum of four (4) years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in Avon or Eagle County a minimum of two (2) years immediately prior to.~his or her determination of disability, or-the spouse or, dependent of any such persons who resides with them.. 5. His/her total c excess of $ have not been in excess of $ retired person) during the two transferred or disposed of to the Unit. zrrent family net assets' are not in for a. retired person), and for a (2) years preceding if the same.were confer eligibility for purchase'of C:\TEMP\Lot C - DEED RESTRICTION-EMPLOYEE HOUSING REV_.doc 24 - 755830 Page: 26 of 28 04/30/2001 04:59P', Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 .6. He/she states that he/she has received a copy of and will abide by the terms and conditions of that certain Deed Restriction, Agreement for the occupancy and Resale of Units., recorded in.official Records Book Page of the Public records of Eagle County, Colorado. 7. A copy, of the draft lease is attached hereto, with the, monthly lease rate filled in. DATED the day of , The foregoing was subscribed and sworn.to'before me, the undersigned Notary Public, on the day of , by My commission expires: Witness my hand and seal. Notary Public 755830 Page: 27 of 28 04/30/2001 04:59P Sara J Fisher Eagle, CO 370 R 140.00 D 0.00 C:\TEMP\Lot C.- DEED RESTRICTION-EMPLOYEE HOUSING REV.doc 25 - EXR151T G Allowances for Ttnanc-rumished U.S. Dea4nt:naot of rausmq Crag Aowgbmmo. U[ditces and Omer Services and Ur4dn 04400087%ert otfiee at P426c ]nd IAeian''lgtJ" Lit •marweq awuan +m :fry ~~aM or tiumM.mpw.q .a(eraMp r0 ~..r~qs) rave aM .,+eon•.. •awroaq T~ w. Im r....w.nq w7N000W.. "Nowl -W. nub eorCM a r,Q,waevsnrq 7M Wip *meow. s-a CMR-Wd,q Yd m me cV44MA lilt Mi. rot 7dnrNCr w Woman rM ) 7Nws,-'m reaw4a W ricumaq r0- A COB.CzM i M -POW WOM •r.ea Ma 1WIMIC Aew ATM- . ~.sn M" ~ _ LOC00'. Msero Oenver, AWL Avon. demote. 9nrumud, Brighton, aroomfield &wh Calhan, Cdocte Rock. C4 Sags. Cane:, oalores. Curango. Eerie. F;, Morgan..atan. Evan Z-veryrsen, Fiticon. Xrestdne, Ft. Collins. Glenwood logs- Greeley. Hugo, lgnacco :antmawn; jonnSWVW6 Lardyece. L4-=-_ tkmm Wignront, Louis C. Loveland, Maratau SogS. NuMWt VVArt PUker. Clap a Sms. ASAW. Salida. StetBefq, Vail Unit Typo Ti-fM S OR LESS TORIES Date flCI-99 UpGcv or Servics Mont11N flat ARoW Sr4e Heating a. Natural Gas b. Propane 0 sR s15 $27 1 89 S15 333- _ 2 SR S25 . S46 3 fiR 931 S5$ . _ 4. BR s38_ 568 - S an S45_ S80 Cooking C- Electric a. Natural Gas b. Pro arte 339 $2 $4 1 $50 52 $4 S66 $3 SS s81 S3 67 $100 S4 S8 - S7 t-8 as S9 c. Electric 53 $4 46- $7 69 511 Other Electric Water Heating a, Natural Gas $13 $5 $11 918 914 S7 . $16 S8 $7.2 s9 - S25 S 11 b. e . anti $9 $12 $14 s16 . s19 . Sgt' I= acw S13 518: _ 522 _527 s32 _ $35 Water Std $14 S14' _S14- 14- S14 Sewer 571 $11 411 $11 811 911 Trash Collection - $13 S 13 $13, $13 513 $13 Ran-e/Microwave (Terimt_Su tied) $5 $5 $5 35 s5-. $5 Refri erator (Tenant Supplledl $5 $5- S5 S9 S5 $5 TOTAL Actual Family Ailawances ITa D4 W44 by via 1"V to wnmpum U1sfily ar Serviee Per lt►ortlft Cig allowance. camolate ltelow for the 40WA vnir rwmdJ M S Name of Family s • other Elot * _ AirCflnailfotfing Address of Unit Watttr wow Si~luer TrC6 Codecddt RxgdUclarAae Ra . Omer Number of Bedrooms' Total S rrwvmu-a CWUQ"W1 are 0=019M forme KUD-SZ66? 1121071 ref. Handbook 7¢20.3 111111111 (55830 Sara J Fisher Ea ~ Page: 28 o 2 04 9le, Co 370 R 140.00 D 0.00 234 .u;{-► Ol Memo To: Honorable Mayor and Town Council Thm: Bill Efting, Town Manager Z YL- From: Ruth Borne, Asst. Director Community Development ,Mfxe- . Date April 19, 2001 Re: Resolution No. 01-08, Master Deed Restriction Agreement - Lot 1, Mountain Vista Resort Subdivision, Lot C, Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado Summary: The Lot C PUD ("Mountain Vista Resort') and Development Standards approved by Ordinance 98-21 and Ordinance 00-02 required the owner of the property to execute a deed restriction agreement for the 20 employee housing units with the Town of Avon. These 20 employee housing units will be a positive addition to our existing employee housing program. Currently, the Town of Avon has 393 deed restricted units which are either leased or in fee simple ownership. The deed restricted projects include: Brookside Lodge 3 units Chapel Square 8 units Lakeside Terrace 3 units Wildwood Townhomes 17 units Eaglebend Apartments 294 units Kayak Crossing 54 units City Market 14 units 393 Total The 20 units in Mountain Vista Resort consists of 8-studios ($79,991), 8-one bedroom ($152,436), 2 two-bedroom ($176,863) and 2-three bedroom ($201,291) units with storage lockers and covered parking. The purchase prices are consistent with 80% of Eagle County Median Family Income "ECMFI" of $68,100. Recommendation: Staff recommends approval of the Master Deed Restriction Agreement. Town Manager Comments: o~ Attachment: Master Deed Restriction Agreement for Mountain vista Resort Subdivision Resolution No. 01-08