HomeMy WebLinkAboutVAILS FRONT DOOR EMPLOYEE HOUSING SIGNAGE LEGAL.^ | '"
AMENDMENT TO FRONT DOOR
DEVELOPMENT AGREEMENT
oR/G/NA/
THIS AMENDMENT TO FRONT DOOR DEVELOPMENT AGREEMENT (this
"Amendment") is made effective as of the Lalauy of Lpoe-+^,b22r ,2007, by and
between the TOWN OF VAIL, a municipal corporation duly organized and existing under and
by virtue of the lau's of the State of Colorado (the "Town"). and THE VAIL CORPORATION,
dibla VAIL ASSOCIATES. INC., a Colorado corporation ("Vail Associates").
RECITALS:
A. The Tou,n and Vail Associates are parties [@rt-ain Front Door Development
Agreement dated July 18, 2006, and recorded in thel@foperty records for Eagle County,
Colorado lthe "Records"). on July 27.20A at RE lblNo.20062033l (the "Development
*::::ffi{l;, J:iT*1.::iliir:T.TfrilgR}3:i "1at's Amendmen'l sharr have'lhe
B. The Frcrt Doo governed b elopment Agreement is to include,
among other things. a rlw ities associated with skiing operations
on Vail Mountaip (nerv ski club buildine and facilitv (the "Ski
Club"); new spa incorporated Lodge at Vail (the "Lodge Spa"), and certain
additional accommoilStion units within The Lodge at Vail; an open ski yard and plaza area;
residential townhomes/condominiums being dqttoped under the trade name "The Chalets at
The Lodge at Vail"l and a subterranean parkingfzgalge &cility incorporating commercial loading
and delir:ery lacilities lbr both publiq4pd prlu{it.. including multiple loading bays. Th;
Front Door Project is being undertak{ !;fhoChalets at The Lodge at Vail. LLC ("CLV"). an
affiliate of and as successor in interestpi Associates.
C. In order to address the housing burdens created by the Front Door Project,
paragraph T of the Development Agreement requires Vail Associates to furnish employee
housing sufficient to accommodate 9 "beds," 1.c., EHUs (defined below) that collectively have
an occupancy capacity for 9 employees (the "Front Door Housing Requirement"). The term
"EHUs" shall mean and include any types of deed-restricted employee housing units (including,
without limitation, "Type IV") that may be available or applicable under the present provisions
of Section 12-13-1 , et tgg., of the Vail Town Code (the "EHU Code Provisions"). Under that
paragraph 7, the satisfaction of the Front Door Housing Requirernent is a condition to the
issuance of any certificate of occupancy, rvhether temporary or permanent ("C.O.s"), for the
Front Door Project.
D. The Torvn and Vail Associates have mutuallv determined to make this
Amendment in order to modify the application of the Front Door Housing Requirement as a
condition to the issuance of C.O.s for the Front Door Proiect.
Euo85|, r RaFISH
NOW. THEREFORE, in consideration of the above premises, and the mutual covenants
and agreements set forth herein, the Town and Vail Associates covenant and agree as follows:
1. Market Requirements. Within the period expiring on and including June 13, 2008
(the "satisfaction Period"), Vail Associates will be required to provide the 9 beds under Front
Door Housing Requirement by (i) acquiring, either directly or through one or more of its
afflliates, fee title to residential dwelling units within the Town that are deed-restricted as EHUs,,
and/or (ii) securing the requisite EHU deed restrictions of record on residential dwelling units
owned by others within the Town, provided that the EHUs or EHU deed restrictions so acquired
or established may not be previously allocated to satisfy any emplo,vee housing development
requirements lawfully imposed by the Tor.r'n on a third party (the "Market Acquisition
Requirement"). Those dwelling units so acquired and/or restricted in accordance with the
lbregoing are sometimes referred to hereinafter as the "Market Units." The Town will cooperate
promptly and reasonably with Vail Associates for verifying the effect under this Amendment of
proposed transactions for Market Units and for establishing the related deed restrictions.
2. Letters of Credit.
(a) Prior to the issuance of any C.O. for the Skier Services Facility, Vail
Associates or an affiliate of Vail Associates shall furnish the Torvn with an irrevocable
standby letter of credit in the amount of $823,784 (the "Skier Senices Letter of Credit");
prior to the issuance of any C.O. for the Lodge Spa andior the Ski Club, Vail Associates
or an affiliate of Vail Associates shall furnish the Town with an irrevocable standby letter
of credit in the amount of $358,681 (the "Spa/Club Letter of Credif'). The Skier Services
Letter of Credit and the Spa/Club Letter of Credit are sometimes referred to hereinafter
together or in the singular as the "Letter(s) of Credit." The parties acknorvledge and
agree that tl.re combined amounts of the Letters of Credit are based on the Front Door
Housing Requirement of 9 beds multiplied by the fee in lieu presently established for the
inclusionary zoning rr,'ithin the Neu,Housing Ordinances (defined below) in the amount
of $131,385 per bed (the "Per Bed Attribution"). Vail Associates has agreed to the
application of the Per Bed Attribution for purposes of this Amendment even though the
Ner,l' Housing Ordinances do not otherwise apply to the Front Door Project (except as
other$'ise elected, if at all, by Vail Associates). The "New Housing Ordinances" are
constituted by Town Code Sections12-23-1, et !eq.' and 12-24-1, et seq. Each Letter of
Credit shall be issued by a banking institution, shall name the Tou'n as beneficiary, and
shall have a term no shorter than thirty (30) days after expiration of the Satisfaction
Period.
(b) lf prior to the expiration of the Satisfaction Period, the Market Acquisition
Requirement is partially satisfied by the establishment of Market Unit(s), the aggregate
amounts that may be drawn under the Letters of Credit pursuant to paragraph 2(c) belorv
rvill be reduced by an amount equal to the Per Bed Attribution applied to the number of
beds allocable to the Market Uni(s) so established. The rights of the Torvn to draw upon
the Letter(s) of Credit shall be limited by the applicable reduction, the Torvn will not
make any' draw's under the Letters of Credit which in the aggregate exceed the reduced
amount, and any proceeds derived from the Letters of Credit in excess of the reduced
amount shall be and remain the sole property of Vail Associates and/or its affiliates (and
8C6856 -l RC|ISH
the Tow'n rvill be obligated to remit any such excess to Vail Associates forthwith). At
Vail Associates' election, Vail Associates may also provide replacement Letter(s) of
Credit reflecting the applicable reduction (with the Town to return the Letter(s) of Credit
being replaced).
(c) If Vail Associates defaults in the timely satisfaction of the Market
Acquisition Requirement, then the Town shall have the right to draw upon the Letters of
Credit to the extent permitted under paragraph 2(b) above, and to retain the properly
drawn amounts in full satisfaction of the Market Acquisition Requirement. Such right to
drar," upon the Letters of Credit and to retain the proper amount of proceeds shall be the
Town's sole right or remedy for any default of the lr4arket Acquisition Requirement (and
its satisfaction shall not be a condition to the issuance of any C.O.s). Proceeds of proper
drarvs under the Letters of Credit will be used by the Town solely to acquire EHUs within
the Town. Conversely, if and when the Market Acquisition Requirement has been timely
satisfied, the Totvn rl'ill return the Letters of Credit to Vail Associates or its designee, and
the Tor,l'n shall have no further interest in the Letters of Credit.
(d) The Front Door Housing Requirement shall now be allocated and applied
solely to the Skier Services Facility and to the Lodge Spa and Ski Club, and satisfaction
of the Front Door Housing Requirement shall no longer act as a condition to the issuance
of any C.O. for any other element of the Front Door Project or encumber the same in any
respect. In addition, (i) upon the delivery to the Tor,vn of the Skier Services Letter of
Credit, the Front Door Housing Requirement w'ill be satisfied with respect to and shall no
longer be a condition to the issuance of any C.O. for the Skier Services Facility, and
(ii) upon the delivery to the Tor','n of the Spa/Club Letter of Credit, the Front Door
Housing Requirement will be satisfied with respect to and shall no longer act as a
condition to the issuance of any C.O. for either of the Lodge Spa or Ski Club.
3. Noticesl Business Days. Any notice required or permitted under the terms of this
Amendment shall be given and shall be deemed received in accordance with the notice
provisions under the Development Agreement, which are incorporated herein by this reference
and made applicable to the provisions of this Amendment. For that purpose, the notice addresses
and information applicable to Vail Associates are hereby modified as follor,l's:
The Vail Corporation
c/o Vail Resorts Development Company
P.O. Box 959
137 Benchmark Road
Avon. Colorado 81620
Attention: Keith Fernandez, Authorized Agent
Fax No.: (970\ 754-2555
806s56 4 RCFISH
wlth a copy to:
Vail Resorts Development Company
Legal Department
Post Office Box 959
137 Benchmark Road
Avon. Colorado 81620
Attention: Julie Stencel, Esq. and Diane Mauriello, Esq.
Fax No.: (970) 754-2555
As used herein. the term "business day" shall mean any day other than a Saturday, a Sunday, or a
legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration
ofany period specified under this Amendment falls on a day other than a business day, then such
date or period shall be deemed extended to the next succeeding business day therea{ler.
4. Effect. This Amendment constitutes a modification of the provisions of the
Development Agreement. Except as modified hereby, the Development Agreement shall remain
in full force and effect. In the event of any conflict or inconsistency between the provisions of
this Amendment and the provisions of the Development Agreement, the provisions of this
Amendment shall be controlling. The terms of this Amendment shall be interpreted and given
force and effect in accordance with the non-conflicting provisions of the Development
Agreement, r,vhich shall be applied to the terms and provisions of this Amendment as if this
Amendment were a part of the Development Agreement in the first instance.
5. Entire Agreement. This Amendment and the Development Agreement represent
the entire agreement between the parties hereto with respect to the subject matter hereof, and all
prior or extrinsic agreements, understandings or negotiations (including, without limitation, any
summaries of terms) shall be deemed merged herein.
6. Governins Larv. This Amendment shall be governed by and construed in
accordance ,'vith the laws of the State of Colorado.
7. Additional Assurances. The parties agree to reasonably cooperate in executing
any additional documents and in taking any additional action as may be reasonably necessary to
carry out the purposes of this Amendment. Without limitation on the foregoing, the Town agrees
to furnish such r.l'ritten confirmations as Vail Associates may require of any satisfaction, in
whole or part, of the Front Door Housing Requirement pursuant to the terms hereof.
8. Successors and Assigns. Subject to the limitations under the Development
Agreement, the respective rights and obligations of the parties shall be binding upon and inure to
the benefit of their respective successors and assigns. CLV shall be an express third-party
beneficiary of the Tor,l'n's agreements and obligations hereunder.
9. Counterparts. This Amendment may be executed in counterparts, each of which
shall constitute an original, and which together shall constitute one and the same agreement.
10. Recording. This Amendment may be recorded in the Records, but only at the
election of Vail Associates.
E('6856 4 R( FISll
I l. Attomevs' Fees. In the event any legal proceeding arises out of the subject matter
of this Amendment and is prosecuted to final judgment, the prevailing party shall be entitled to
recover from the other party all of the prevailing party's costs and expenses incurred in
connection therewith, including reasonable attorneys' fees (and the presiding court will be bound
to make this award).
[Balance of page intentionally left blankJ
IN WITNESS WHEREOF, the Town and Vail Associates have made this Second
Amendment to Front Door Development Agreement effective as of the day, month and year first
above written.
WN:
TOWN OF VAIL, amunicipal corporation
duly organized and existing under and by
virtue of the laws of the State of Colorado
STATE OF COLORADO
COUNTYOFEAGLE
,)
) ss.
')
- The foregoing instrument was acknowledged before me this l?" day of
W 20o", by Stanley B. 7-erler as Town Manager of Town of Vail, a
[Signaure Block of VailAssociatcs Follows on Nut PageJ
ey B. Zemler, Tou'n Manager
806856.4 RCITSH
VAIL ASSOCIATES:
THE VAIL CORPORATION, d/b/a VAIL
ASSOCIATES, INC., a Colorado corporation
STATE OF COLORADO
COUNTY OF EAGLE
)
) ss.
)
The foregoing instrument was acknowledged before me this I q day ofDec,20 OTby Keith Fernandez as President and COO-VRDC of The Vail
Corporation, dlblaYalI Associates, Inc., a Colorado corporation
WITNESS my hand and official seal.
My commission expires:
ApProved es to Form:
President and COO-VRDC
t*t^"'tE
Witr"riW
806E56 4 RCFISH
BankofAmerica
,,._-.-
-47
BANK OF A-I4ERICA - CONFTDENTIAL
DATE: DECEMBER l-8. 2007
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3094211
PAGE: 1
copy
ISSUING BANK
BANK OF AMERICA, N.A.
1OOO W. TEMPLE STREET
7TH FLOOR, CA9-705-07-05
LOS ANGELES, CA 9OOA2-L5L4
BENEFICIARY APPLICA}flI
TOWN OF VAIL VAIL ASSOCIATES, INC.
75 S. FRONTAGE ROAD C/O THE VAIL CORPORATION
"/AIL,'CO 81657 390 TImERLOCI(EN CRESCENT' STE. 1000
BROOMFIELD, CO BOO21
AMOLINT
usD 823,784.00
EIGHT HUNDRED TWENTY THREE THOUSAND SEVEN HI'NDRED EIGHTY FOUR AND OOI1OO'S
US DOLLARS
EXPIRATION
.]ULY 14. 2OOB AT OTIR COI]NTERS
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF
CREDIT WHICH IS AVAILABLE WITH BANK OF AMERICA, N.A. BY PAYMENII
AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CRED]T AND
YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA, N.A., ACCOMPANIED BY
THE DOCUMENT DETAILED BELOW:
BENEFICIARY'S SIGNED STATEMENT STATING THE FOLLOW]NG:
QUOTE
(1) THERE }IAS BEEN A DEFAULT UNDER THE AMENDMENT TO FRONT DOOR
DEVELOPMETiT AGREEMENT DATED DECEMBER L7, 2OO7 (THE 'AGREEMENT')
BEThIEEN THE VAIL CORPORATION D/B,/A VAIL ASSOCIATES, INC. AND THE TOWN
OF VAIL WITH RESPECT TO THE SATISFACTION OF THE MARKET ACQUISITION
REQUIREMENT WITHIN THE SAT]SFACTION PERIOD AS DEFINED IN THE
AGREEMENT,
(2) THE AMOUI\]'T DRAWN IS REQUIRED TO REMEDY THE DEFAULT,
(3) SUCH DRAW, COUPLED WITH ANY PERMITTED DRAW UNDER THE OTHER LETTER
OF CREDIT PROVIDED PURSUANT TO THE AGREEMENT, IS THE TOWN OF VAIL'S
SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT, AND THE DRAW(S) CONFORM
WTTH THE LIMITATTONS ON DRAW AMOUNTS UNDER THE AGREEMENT, AND
05-17-14868 ?-2000
ORIGINAL
BankofAmerica -.\.-Z-47BANK OF AMERICA _ CONFIDENTIAL YAIJLi Z
THIS IS AN INTEGRAL PART OF LETTER OF CREDTT NUMBER: 3091,27'/
(4) THE AMOUNTS DRAWN WILL BE APPLIED IN ACCORDANCE WITH THE TERMS OF
THE AGREEMENT.
UNQUOTE
PARTIAL DRAWINGS ARE PERMITTED.
THIS LETTER OF CREDIT MAY NOT BE DRAWN UPON PRIOR TO iII]NE L4, 2OOB.
eotrP
THE AMOUNT OF THIS LETTER OF CREDIT WILL BE AUTOMATICALLY REDUCED
UPON OUR RECEIPT OF YOUR WRITTEN NOT]CE SIGNED BY ONE OF YOUR
AUTHORIZED OFFICERS STATING 'WE HEREBY CERTIFY THAT IN ACCORDANCE TO
THE AGREEMENT THE AMOUNT OF LETTER OF CREDIT NO.MAY BE
REDUCED BY S TO A NEW OUTSTANDING AMOUNT OF
WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND fN COMPLIANCE
WITH THE TERMS OF THIS LETTER OF CREDIT WII.L BE DULY HONORED UPON
PRESENTATION TO US AT BANK OF AMERICA, N.A., TRADE OPERATIONS CENTER,
1000 W. TEMPI-,E STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA
90012-1514, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE
THE EXPIRATION DATE OR ANY EXTENDED EXPIRATION DATE AS SPECIFIED
HEREIN.
THIS I-,ETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY
PRACTICES 1998, ICC PI'BLICATION NO. 590.
IF YOU REQUIRE ANY ASSISTANCE OR FTAVE ANY QUESTTONS REGARDING THIS
TRANSACTION, PLEASE CALL 21.3-481-1844.
, /-AtovY!
AUTHORIZED SIGNATURE
THfS DOCUME}JT CONSISTS OF 2 PAGE(S)
AT{NIE H. MATlAs
05-17-14868 7-2000
ORIGINAL
Department of Community Dnelnpment
75 South Frontage Road
Vail, Cohrado 81657
970-479-2138
FAX 970-479-2452
wuw.uailgoa.com
July 29, 2008
Vail Associates, lnc.
c/o the Vail Corporation
390 Interlocken Crescent, Ste. 1000
Broomfield, CO 80021
Re: Bank of America, N.A. Letter of Credit Number 309'1277
To Whom lt May Concern:
The above mentioned letter of credit has been released. Please find the original letter
enclosed and a copy of the Amendment to the Front Door Development Agreement
dated Decem ber 17 , 2OO7 . lI you have any questions please call Nina Timm at 970-479-
2144 or George Ruther at970479-2145.
Sincerely,
'4r*CtuYU^-
Lynne Campbell
Office Manager
Enclosures
cc: Nina Timm
Keith Fernandez, The Vail Corporation
Julie Stencel, Esq., Vail Resorts Development Company
Diane Mauriello, Esq., Vail Resorts Development Company
$RECTCLED PAPER
Department of Comrnun ity Dnelapment
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.uailgou.com
July 29, 2008
This is to acknowledge that Gerry Arnold, representative for Vail Resorts Development
Company has picked up lhe released Letter of Credit #3091277 for the Vail's Front Door
Employee Housing Units.
l'l
IA na(J
7 - 2 q 'lod V
Signatur
n RECYCI,ED PAPER
VAILRHSSru"T"S
EXTRAORI)INARY R tlSOttTS . IIXCEPTION;\l- EXPER I UNCES
October 22.2008
Town of Vail
75 South Frontage Road
Vail, CO 81657
Attn: Town Manager
Re: Front Door Development Agreement dated July 18,2006, between the Town of
Vail (the "Town"), and The Vail Corporation d/b/a Vail Associates, Inc. ("Vail
Associates"), as amended (the "Development Agreement")
Gentlemen:
This correspondence is to memorialize and confirm that Vail Associates has satisfied and
discharged all obligations, conditions and requirements arising in connection with the provisions
of the Development Agreement pertaining to "Wildflower Alley" that are set forth in
paragraph 2(c) of the Development Agreement, and that no further action by or on behalf of Vail
Associates is or will be necessary or required in connection with those provisions.
Reconstruction of Wildflower Alley will not be required to provide for hand cart delivery access.
Please join in and provide such confirmation by the proper execution of this letter on behalf of
the Town as set forth below.
This letter may be executed in counterparts, each of which shall constitute an original,
and which together shall constitute one and the same agreement. Either party may provide
confirmation of its execution and legal delivery of this letter by facsimile or email transmission
of a copy of its signed counterpart.
Very truly yours,
The Vail Corporation, d/b/a Vail Associates, Inc.
By:
Name:
Title:
[Confirmation by Town of Vail follows on next page]
Vaif Resorts Delelopment Compan.y ' 970 7512555 ' r'rdc.corn
Post Offlce Box 959, l5Z Benchmark Road 'Avon. Colorado tilti20
ACCEPTED AND CONFIRMED:
TOWN OF VAIL, a municipal corporation
duly organized and existing by virtue of
the laws of the State of Colorado
By:
Name:
Title:
E61994.I RCFISH
Page2
VAIL'S
Tom Kassmel
Rick Caudel, Jarvie Worcester
Todd Oppenheimer, Rachel Friede, George Ruther
Cody O'Kelly
Iune 23,2007
Vail's Front Door Way-finding Signage Package
DOOR
/u lq.5,b/t'vt st;Yt
I
flLt COPYMemorandum
To:
Cc:
Bcc:
From:
Date:
Re:
The following are not€s from a meeting involving Cody O'Kelly (VRDC), Tom Kassmel (Town of Vail), and Todd Oppenheimer
(Torvn of Vail) on November 1,2007. The meeting was held to discuss and finalize the way-finding portion ofsignage package
DRB07-0248. The Design Review Board (Please reference separate attachment) has approved their portion ofthe package; however,
Public Works would like to wait until Summer 2008 to make a final decision on language and layout for the rvay-finding signage
impacted by Vail's Front Door. During this meeting it was agreed that VRDC will provide the following 4 way-finding signs to the
Town of Vail once final approval ofthe following notes has been verified. In the intedn! VRDC is to provide temporary signage that
provides public guidance to public restrooms, lift tickets, and the Vista Bahn lift. [t was understood by all attendees that failure to
fabricate these signs due to the finalizing of signage intent by the Town of Vail Public Works Department will not, in any way, affect
the granting ofa Certificate ofOccupancy by the Town of Vail for any building associated with the Front Door Project.
Signs to be fabricated and installed Summer 2008:
1) Town of Vail Sign 39 A and B (VRDC sign 2a.3) to be replaced with a comparable bladed sign; 39A will point to the
East and read Gore Valley Trail on top and Vail Village on bottom; 39B rvill point to the Southwest and read Vista Bahn
on top and Gore Valley Trail on bottom.
2) Town of Vail Sign 40 A and B to be replaced with conparable bladed sign and comparable text.
Town of Vail Sign 29 A through E (F to be onitted) to be replaced with comparable bladed signs and comparable text.
VRDC Sign 1a.3 to include "Vail Village" blade (comparable to Town of Vail Sign 29 A-E) pointing to the North and a
"Gore Valley Trail" (comparable to Town of Vail Sign 29 A-E) blade pointing to the East. Town of Vail Sign 29 F will
be replaced with a parking symbol on Torvn of Vail Sign 29 E.
Regards,
Cody O'Kelly
Vail Resorts Development Company
O:97O.754.2532
C:970.470.9139
F:970.754.2555
U.S. Mail: PO 959, Intercompany Box 87, Avorl Colorado 81620
Ovemight: 137 Benchmark Road, Avon, Colorado 81620
4)
HYDER( r)N\ ilill( ll()N lN(.
April 20.2007
Ir4r. Leonard Sandclval
'l orvn ol'Vail Department ol'Itublic Works
li09 Elkhorn Drive
Vail. CO 81657
b/1" fobdw;lrn
Tourn of Vail
CIFFtr#h: ffi$JpY
DEU06'Qo((
FILT COPT
Itli: Construction Site Acccss and Slaging Plan - Vail's Front Door
Anrcnded for 20117 Construction Scason
[)ear Leonard-
lrollorving is a sunrmary ol'the sitc' stcging and access plan lbr the rel'erenced Proiecl:
l. Schedule
A. The construction schedule is based on Monday through Friday 7:00AM to
-5:30 PM and Saturdays 7:00 AM to.l:30 PM. Actual work hours may vary
but will confbrm lo-l'otvn of Vail requirements.
B. The 2007 Vail Village / l.ionshead Village Conslruction l{ours lnlbrmalion
Handout fbr holiday hours is incorporated into the Proiect Schedule.
C. Hyder Constructiorr rvill provide rveekly schedule updates to the l'olvn of
Vail.
D. I{yder Construction rvill continue 1o attc'nd the rveekly 'fOV coordination
meetings to updalc the progress of thc" proiect and its impacts upon adjacenl
properties.
E. A plan lor the occuparrcy o1'the various buildings rvilI be issued at a laler dalc.,
lf . Attached is the site access and staging plan lbr the period of April 23.2007
through Novernber |6. 2007 :
A. During this period the site rvill bc acccssed liom Vail Road on the west
and tionr thc easl via Vnil Vallcy Drive through the Gold Peak arca.
l. Refererrce Ml-ll' #2 fbrthe lralljc conlrol plau tbr Vail Road.
2. Relbrence MH'f # I tbr lhe lratlic conlrol ulan for the Gold Peak
Children's Center.
3. It is assumcd that lhc bus slop al the Gold Peak Children's
Center rvill be relocated to lhe Gold Peak turn out as it rvas in lhe'
2006 Sunrnter Construction Season.
.1. A l'ence rvill be irrstalled at Gold Peak to separate coustruclion
activilies lionr lhe public.
B. Vaii Resoi-rs d.rs5 1i61 iiitend un rising tlrc Visia Baiiii ski iiii unci
sunounding ski yard lbr surnmer activitics.
Vail's Front l)oor - Sile Access and Staging Plan
,\pdl 20. 2007
Pagc 2 ol'4
l. Ret'erence the atlached Vail Resorts signage plan lbr pr"'deslriart
access to the mountain.
2. l-hc' bikc path rvill bc closcd betwcen thc Bridgc Strcct l-odgc 1o
Bridge Strcct and Vail Road. A detour otr the bike path rvill be
set in the vicinity ol'the l-ivoli Lodge. Signagc rvill be posted
along the path directing tlallic to the Village. Local pcdcstrian
trallic rvill be alloued betu'een thc 'livoli and thc Bridse Strcct
l.odge.
3. Mill Creek lload above the project site rvill be closed to
pede-strian access at the Rockledge Road turn out.
4. A 6' high l'cnce rvilh green scrcen rvill be installed on thc west.
nolth and easl sides o1'thc pro.jcct. A 4' high greett urcsh
construction fence rvill be installed on the south side ol'the
projccl on the urourtain.
5. The pedcstrian streelscapc rvork arouud One Vail Placc. thc l-lill
Building and Bridge Street Lodge will contnts'nce on April 30.
2007.
C. Wolk occurrins. alier Novernbcr 17. 2007 rvill be perlbrmcd under a
sepalate site ac-cess and stlging plan. 'l his plan .vill be submitted to'l'lte
Town of Vail by Septerrrber 15,2007.
lll. Access to and fronr the site rvill be managed lionr a check point at the delivery
zonc on Vail Road.
A. The construction access trailcrs rvill remain at lhe south sidc of the site in
their current location. Visitors to the construction trailers will be directed
to access fronr Bridge Street.
B. A delivery check point is established at the west side of thc site oll'ol'Vail
Road.
lV. Arr enrergency egress plan by BCER Engincering sliowing cgrcss palterns fiour
aftbcted areas of the South l-odge Tower,, the Lodge at Vail and the lower level ol'
One Vail Place has been subnritted under separate cover,
V. 13uilding specitic enlergency egress plans for the upper levels of Onc Vail Place
and thc FIill l3uilding rvill be subnritted separately.
Vl. I{omeorvners and merchants in the sunounding areas will be provided with noticc
ol'thc conslruction site access and staging plan once the plan has bee'tt approved
by the 'lorvn ol'Vail.
VII. 'femporary task ligliting rvitlrin the construclion sitc will be prt-rviclcd to trlcct
OSHA standards and will conrply rvith The Torvn of Vail lighting discharge
requircnrents.
Vlll. 'l'rvo torver cranes rvill continuc to bc. utilized on the sitc. No crarte pick rvill bc
allowed over occupieci areas or buildings.
A. Aviation beacon lights are mounted at the tops of each tower crane.
B. 'l hree emergency drop zones are shorvn on the Construction |ire
Departrnent Acccss Plan b1, tICER linginccring. Thcsc ruaY bc utilized in
tlrc evcnt of an erncrgency to evacuate an iniured person fiom rvithin
lirnits of construction.
Vail's Front Door - Site Acccss and Staging Plan
April 20. 2007
l'}agc 3 of -l
lX. Concrele truck and concrete pump rvash out rvill be allowed only in clesignated
lurcas rvithin the lirnits o l' construcl iorr. l)rior to conrpk'tion ol'thc pro.jcct thcsc
rvash out areas r.vill be rcnredialed.
X. Mill Creek Circle rvill not be used fbr construclion acccss at any tinlc.Xl. A detailed SWMP is posted in the job site trailer.
r\. Copies ol the SWMP and constnrction dcrvatcring dischalgc pe'rmits havc
been provided under scparate covcr.
B. Strcet srveeping rvill be provided al both the Vail Road and Vail Vallcy
l)rive access poinls as required to minimize dust and vehicle tracking.
C. Dusl rvithiu the site and on the Gold Pcak access road rvill be mitigatcd
rvith the use ol'water trucks. Magnesiurn Clrloridc may bc usecl on llrc
Cold Peak access road if requircd,XII. All construction personnel parking will be managcd otl'site.
A. During tlre surlmcr building scason tlre Village parking garagc rvill bc
utilized.
Xlll. Nanres and conlact numbers fbr Flyder Construction are listed belorv
A. DoLrg'l'hompson. Project Executivc
Otllce: (303) 825-1313
Direct: (720) 932-3264
Cell: (303) 829-5950
B. Scott Miller. Project Manager (Site, Parking Carage. Chalets)
Oflce: (303) 825-1313
Dircct: (72O) 932-32"1 |
Cell: (303) 882-6238
C. Riclrard Snyder. Project Manager (l-odge at Vail and Skier Services)
Ollice:(303) 825-1313
Direct: (720) 932-3279
Ccll: (303) 829-2644
D. Clhad Crafl, Project Manager (Ski Club and Chalets)
Olllce: (970\ 476-2813
Ccll: (970) 471-1497
E, Jeff I laselhorst. Project Gcneral Supcrintendent
Cell: (303) 829-5741
Site: (970) 476-2811
F. Bill Parlridge, Project Superirrtendent (Parking Carage and Site)
Cell: (970) 171-5729
Site: (970) 476-2811
G. Renc Robledo. Projcct Supcrintendcnt (Alpine Club)
Cell: (303) 829- l33l
sirc: (970) 476-2811
ll. Steve Barden. Projcct Superintendenl (l-odge at Vail)
Cell: (970) 401-0038
Site: (970) 476-2811
I. Steve Kelley., Projcct Superintcrrdent (Skier Scrvices)
Cell: (970) 471-5729
Vail's I'rout Door - Site Access and Staging Plan
r\pril 20. 2007
Page 4 of4
Sitc: (970) -176-281I
.lohn King. Projecl Supcrinlendent ('l'he Chalcts)
Cell; (970) 445-0045
Site: t970) 476-2811
2.1 llour Emergency Number
(303) 48e-5208
We rccognize lhat there rvill be a considerable anlorurt of construction aclivity rvithirr the
Torvn of Vail occutring concunent with the conslructiorr ol'the Vail's liront Door Pro.ject.
We tudersland that nrodilications to the above plan uray be nccessary lbr the rvork in thc
area to bc ctrrnpleted successfully and on schedule. We rvill cooperate in anyrvay fcasiblc
recognizing ofcourse lhal rve are also under a very tight construction schedule for the
completion of the project.
Sinccrely,
HYDIIR CONS'fltUC'IION lNC.. bv
Scotl Miller. Project Managcr
cc: Mr. Rick Caudel. Vail Resorts Developmenl Co.
Mr. llrian McCartney, Vail Resorts
Mr. Charlic Davis, Torvn of Vail Chief Building Olficial
Mr. Mike Mccee, Torvn of Vail Fire Marshal
Mr. Matl Roycr, Construction Inspection Agcncy
Altachnrents:
Site Acccss and Staging Plan Phasc I * l:ebruary L6,2007
MHT /, I and #2
Vail Resons Signage Plan
Job Hazard Analysis lbr Site Sar'ery and Crancs
.t.
K.
HYDER
('rli\sTRtr( "f t()\ I),,t('
JOB HAZARD ANALYSIS FOR SITE SAFETY AND CRANES
JOB TITLE: VAIL'S FRONT DOOR
GENERAL CONTRACTOR: HYDER CONSTRUCTION INC.
IOB LOCATION: VAIL, COLORADO
PROJECT EXECUTIVE: DOUG THOMPSON
SAFETY & TRAINING: NICK FRENZE, MILLER SAFETY
JEFF HASELHORST. BILL
SENIOR SUPERINTENDENTS: PARTRIDGE, RENE ROBLEDO,
JOHN KING
Date: November 15. 2006
STEP TIAZARI)NEW PROCEDURE OR PROTECTION
Coordination with
Contractor
Miscommunication Discuss safety policies and procedures rvith GC.
Safety Emergency
Response
Work Injury First-Aid/CPR qualified persormel on site.
Safety Emergency
Response
Work Injury Emergency phone numbels listed in job trailer.
Safety Emergency
Response
Work Injury Crane equipped with personnel stretcher (stokes basket).
Loss Control,
Inspections
Safety measures
neglected or ignored.
Work injury
Hyder's fu1l time Director of Safety & Training will oversee
operations and ensure cornpliance company policies.
Loss Control,
Inspections
Safety measures
neglected or ignored.
Work injury
Documented rveekly jobsite inspections. Documented
monthly tool inspections. Daily Pre-Task for each crew.
Weekly behavior audits perfbrmed.
Loss Control,
Inspections
Safety measures
neglected or ignored.
Work injury
Strict discipline program for ALL employees. SEE HYDER
SAFETY PLAN.
Loss Control, Safety measuresInspections neglected or ignored.
Work iniurv
Full compliance with OSHA legulations.
Loss Control,
Inspections
Safety measures
neglected or ignored.
Work iniury
All enrployees riding in vehicles must wear seat belts.
Drivers must follow all posted signs.
Personal Protective
Equipment
Personal Injury Hardhats worn at all times on site. Safety glasses to be wom
at all times. Gloves as required.
Personal Protective
Equipment/Gloves
Cannot perform job.
Clamps installed
incorrectly.
Employees installing cable clamps rvill be allowed to take
gloves off while installing clamps. As soon as clamp is
installed gloves must be rvom.
Personal Protective
Equipment
Personal Injury Proper clothing and work boots.
Personal Protective
Equipment
Personal Injury Formal monthly
checklist.
inspection of PPE Hyder inspection
Hazcom Employee exposure Hyder Hazcom Safety Policy is on site in the freld office.
Page I of6
HYDER
t'()Ns"IRt r(' Ilo\ t\i('
Hazcom Empioyee exposure Chernical inventory list and MSDS will be specific and
updated throughout the project.
Hazcoul Employee e.\posure The hazcorn will be available for all employees. Employees
will be instructed of the location of the hazcom oacket.
Hrnng practlces Inexperience help
work comp flaud
;_'..--;_.--rnexpenence llelp
work comp fi'aud
I Written applications, referellces, drug screens, tool
I inspections. site orientation is required by all trades.
Orientation is given by the Hvder Safetv Officer.
I Applicants interviewed by HR Dept/Project Manager or
I General Superintendent.
Hiring practices
Hiring practices
T-*t{m*
Erection
To*". Ct"re
Erection
Inexperience help
work conp liaud
Hazcorn training prior to start.
Falls. worker injury,
overhead protection
Vertical and horizontal lifelines shall be installed to the boom
and tow'er frarnes prior to erection for.use to access crane for.
erectiorr and maintenance.
Work tnjury,,
overhead protection
Are to be barricaded to keep other trades out ofarea of
erection of crane.
Tower Crane
Erection
Work injury,
overhead protection
Falls, worker injury.
Fire hazards.
Overhead hazards.
t,...r,,I At no trme shall any employees work over another employee
erecting the tower crane.
100% tie offwhen exposed to a fall hazard great than 6'
and/or within 6' of the leading edge. ALL EMPLOYEES
uetatl urews
Detail Crews Falls, worker injury.
Fire hazards.
Overhead hazards.
Inspect floor below before start of work for: Other works.
fire hazards, equipment, etc.
Detail Crews Falls, rvorker injury.
Fire hazards.
Overhead hazards.
Baker Concrete to cap all rebar prior to employee exposure.
Deck Forming Ops Falls, employee
injury. or illness.
100% tied off above 6' and within 6' of the leading edge.
Hazard,line systems to be used. 100% tie off to be used
outside the hazard lines.
Deck Forming Ops Falls, employee
injury, and illness
Housekeeping kept regularly by Hyder and Baker
Construction
Tower Cranes Employee injury,
equipment failure,
collapse
Carght tr bet*eet "damaged equipment,
damage to structure.
Tower cranes are not contract to Hyder but will be operated
by Baker Concrete Construction up with contract
responsibility for contracts on cranes to assure ofa 3'd party
inspection after erection of the tower crane.
Company t.aineCranes
Cranes Caught in between.
dailaged equipment.
damage to structure.
Yearly crane inspection by outside ser.,ice. l.{onthlir and
daily logs kept by operator and Hyder Superintendent
equipment manaser.
Page2 of 6
HYDER
(-'tli\iS-l-Rt :('l'l( )\ l),{('
CranesiMobile
Cranes/Mobile
Forklifts
Materials on roof
and structure
Access
Caught in between,
darnaged equipment,
damage to structure.
Caught in between.
damaged equiprnent,
to structure.
Caught in between,
damaged equipment,
e to structure.
Back up alarms on all cranes
Overfi ead clearances checked.
Assistants to the oper.ator: Spotters, qualified flagmen and/or
radios.
Crushing employee Trained and qualified operatol.s.
lnl
Damage to the
equipment or
structure.
Ladders to have monthly inspection tags.All ladders
before each use
Ladders tied off with rope or chain.
CranesiMobile Caught in between,
damagcd equipment,
I Crane radius flag-eed off.
Cranes/Mobile
Caught in between,
damaged equipment,
damage to structure.
No personnel hoisted by cranes.
Back up alarm, assistant to operator for backing in blind or
maneuvering in tight areas.
Worker Ini
Area below will be secured and rnarked as no access
Objects falling.Trans picked up regularly.
Materials on roof
and structure
Objects falling.Oxygen and acetylene hosted in proper cafis.
Access I Falls, worke. inn ry.
Third partv liabiti
Falls, worker injury.
Falls, worker injury.Ladder access to comply rvith OSHA regs.
Falls, worker injury.Rope at all access ladders to lower or.pull up tools and
Falls, worker iniurv.All trades to use our ladders.
Fire Prevention Fire, personal injury,
equipment and
All employees trained in fire prevention. HOT WORK
PERMITS PRIOR TO ANY HOT WORK.
Fire Prevention Fire. personal injrrry,
equipment and
Fire exfinorrichcr" tn h- nl-^^J .-,irl.:* I n ' ^. ^rr r- -.!,r4!r/\r yy rurrrl I v \Jl altt |lut worK.
Page 3 of6
HYDER
r'(}NSTRti('1't{)\ t\t('
Fire Prevention Fire, personal injury,
equiprnent and
structure damage.
All torch sets rvill have backflow vaives/quick connects
attached to gauges.
Fire Prevention Fire, personal injury,
equipment and
stlucture damaee.
Fire blankets rvhere necessarv.
Fire Prevention Fire, personal injury,
equipment and
structure dalrrase.
Approved type safety ctna*ith a.'ti.plush r"reent "rd loud.d
spouts.
Fire Prevention Fire, personal injury,
equipment and
strucfure darnage.
Fire extinguisher on
the building.
all cranes and designated area trough out
Fire Prevention Fire, personal injury,
equipment and
structure damage.
General Contract to meet standards for posting fire
extinguisher every 3000 sq. ft.
Fire Prevention Fire. personal injury,
equipment and
structure damaee.
Trans clean-up on a regular basis.
Wall and floor
Openings
Falls and worker All workers will be trained to tie off when working within 6';^.lnjury. i of the leadine edse and/or above 6'.
Wall and floor
openings.
Fall and worker
injury.
Guardrail installed around all major interior openings,
including elevator shafts at each floor.
Wall and floor
openings
Falls and worker
injury.
DO NOT ENTER tape installed 6'back from temporary
leadins edees.
Wall and floor
ooeninss
Falls and worker
injury.
No unauthorized personnel allowed on roof or floors until
released by Hvder or the Site Safetv Director.
Utilities/Electrical Electrocution Electrical color coding program to be used for inspection.
utilities Public utilities
sewice damaged,
disrupted,
electrocution, fire,
explosions, cave-ins
GC to identify underground and overhead wires, manholes,
Utilities Public utilities
seryice damaged,
disrupted,
electrocution, fire,
explosions, cave-ins
GFCI to be used for all temporary power.
Water, sanitation Hepatitis, disease,
rvorker illness
Clean water, containers, and cups GC will supply and
mgAlqin port-a-johns.
Page 4 of6
HYDER
(:tlNSTRt_;(.'Tto:i tll{'
POST ACCIDENT RECOVERY PLAN
I. PRE-PLAN
a. Anticipate your needs as work progresses.b. Have a plan and train employees.
2. WHEN A FALL OCCURS, FOLLOW THESE GUIDELINES:a. Determine.the seriousness of any injury to the fallen employee. If the
employee is unconscious, bleeding, andlor pain in his baik, etc.. call
emergency services if needed (Call 911).b. Assure a clean access path for rescue team.c. Determine the most effective means of rescue.d. Protect the rescuers from iniurv first.e. stabilize the injured employee if possible prior to moving him to prevent
further injury.
f, Lower the employee to a safe area.g. Re-evaluate injuries, ifany.h. Transport to the designated medical facility, if treatment or a drug/screen
is required.
i. check fall protection systems immediatery to determine damage. Replace
or repair any that received load.j- Remove the employee's fi"rll body hamess and ranyard from service andhave inspected by the competent persons.k. Always conduct an investigation and document.
3. RESCUE EQUIPMENT FOR RECOVERY OPERATIONS MUST BEAVAILABLE FOR USE IN CLOSE PROXIMITY OF EACH WORK AREA ATALL TIMES WHERE EMPLOYEES ARE EXPOSED TO FALLS. THE
FOLLOWING EQUIPMENT MAY BE USED FOR RECOVERY
OPERATIONS:
a. Ladders.
b. Cranes with stokes basket or personnel work platform.c. Scissors Lifts
d. Arial Lifts
e. Descent Systems
f. Never attempt to lower employees from a point above them without a
mechanical advantage. (One human carurot hold another).g. If you are not sure of the rescue situation, do not hesitate to call 9l I and
let the fire department rescue employee.h' Hyder may assist with cranes for rescue of other contractor employees but
not only under the instruction of the Controlling Contractor.
Scope: To provide the safest work environment for our employees and surroundingworkers of this jobsite.
Page 5 of6
HYDER
('t-)NST Rt,:('1"1t))'l |),{('.
Equipment: Full body hamess, 2-six foot shock absorbing lanyards. Secured Anchor
point will be used with inline shock absorbers, and rope grabs.
Tmining: Hyder Subcontractors and Hyder employees trained in the conect use of all fall,
protection equipment. All employees trained in Hyder protection policies and
procedures.
Discipline: Hyder will discipline any employee not complying with Hyder safety policies
and procedures and/or jobsite rules.
Incentive: Hyder has a quarterly incentive program and wilr reward employees, who
have not been disciplined, or have a recordable or lost time injury.
Fall Protection Procedures: All Hyder & Subcontractor employees rvill be 100% tied off
or protected when exposed to a fall hazard.
Fall protection procedures may change asjob progresses to protect employees ffom
unseen haz ards.
Page 6 of6
t=',it,e ' -7r_ t,ut | . uL trl-J ttrKrKl5t5 FRX ND. t91A242a53A
2 - FLAGGER SYMBOL
Apr. 86 2865 At:51Pt1 p?
CC ENTERPRISES - TRAFFIC CONTROL SPECIALISTS, INCCOn1racIor: HYDER CONSTRUCTIoN PA GE #2PTOJECI: VAIL FRONT DOOR (MILL CRFEK CIRCLE)Method of Hondling lrotflci rRucKs TURNTNG oN r LANE R.AD
@-/
.N.t
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E FORESI ROAD
2 - TRUCKS ruRNING ON I.fWY
5
I. COMRACTOR I^/III. IIA!€ TRI{)KS TURNING ON AND OFF ROAD AI ENTRANCE Tq WORK SIIE.2' FLAGGERATE FoRESTRD-ANo-varr nolr'rrinsiCr'ori wureuowiciCnrinnlndro pos.s rHRouGHAAID CONIROL DEUVEflES.T-O-]HE- SNE, NE irAEEiii AI SIIE ENTRANCE WTt COMROL IRTJCI(S
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SIGNS:
PREPARED BYI
V'la'k &Ur"/,446/06'
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sm
ENTRANCE
CC ENTERPRISES . IRAFFIC CONIROL SPECIALISTS, INCCOniroclor: HYDER CONSTRUCTION PAGE #1Project; VAIL FRONT DOOR (VAIL VALLEv DRIVE)Method of Hondling Troffic, inucrs TURNTNG oN 2 LANE R.AD
FAX N0. :978242A53D Apr. 86 ?@A6'BLlSApn p1
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Vailts Front Door
Summer 2OO7 Signage Key
Aerial Photo with Pedestrian Access Route Highlighted
Sign Breakdown (Please Reference Exhibit'rA' :
1z Single Sided, with signs A, B, and G: mounted on black metal stand with
sign post.
2z Single Sided, with signs A, B, and G: mounted on black metal stand with
sign post.
3: Single Sided, with signs A and B: mounted on black metal stand with sign
post.
4= Single Sided, with signs A and B: mounted on black metal stand with sign
post.
5: Single Sided, with signs A and B: mounted on black metal stand with sign
post.
6. Single Sided, with signs A and B: mounted on black metal stand with sign
post.
7. Single Sided, No Vail Mountain Access, Serwice to Pirate Ship Park Only!
Please follow directional signs to Ghair 12lGolden Peak.
8. Single Sided, Heavy Gonstruction Traffic!!! Please be aware and obey all
posted signs!
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