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2024-10-01 Agenda and Supporting Documentation Town Council Evening Meeting
1.Call to Order (6:00pm) 2.Any action as a result of Executive Session 2.1 Resolution No. 45, Series of 2024, A Resolution Approving a Settlement Agreement between the Town of Vail and the Vail Corporation Approve, approve with amendments, or deny Resolution No. 45, Series of 2024. 3.Public Participation (6:00pm) 3.1 Public Participation (10 min.) 4.Consent Agenda (6:10pm) 4.1 September 3, 2024 TC Meeting Minutes 4.2 September 17, 2024 TC Meeting Minutes 4.3 Resolution No. 43, Series of 2024, A Resolution Approving the Acquisition of Real Property. Approve, approve with amendments, or deny Resolution No. 43, Series of 2024, authorizing the Town Manager, to enter into an agreement, approved by the Town Attorney, to purchase the property known as Hamlet Chalet Townhome, Unit 3, 2014 West Gore Creek Drive, Unit 3, Vail, CO 81657, in the amount not to exceed $2,000,000.00 plus closing costs. VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually by Zoom. Zoom meeting link: https://vail.zoom.us/webinar/register/WN_GGIvGuupQaqqL3HrfvCBBA 6:00 PM, October 1, 2024 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Public participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Resolution_No._45_2024_-__Settlement_Agreement 2024.09.27_VR_TOV_Partnership_and_Settlement_Agreement Public Participation 090324 TC Meeting Minutes 091724 TC Meeting Minutes 1 Background: The availability of housing for it employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing work force. 4.4 Resolution No. 44, Series of 2024, A Resolution Accepting a Donation of Real Property Approve, approve with amendments, or deny Resolution No. 44, Series of 2024. Background: The purpose of this item is to provide supporting information for the acceptance of real property in West Vail. 4.5 Contract Award to Alpine Tree Services for Spruce Beetle Mitigation Project Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Alpine Tree Services for the Spruce Beetle Mitigation Project, in an amount not to exceed $64,000.00. Background: The purpose of this item is to request the Town Council approve a contract award for the removal of multiple spruce beetle-infested trees on Town of Vail-owned stream tract property near the Grand Hyatt. 4.6 Contract Award to Badger Inc. for Semi-Annual Maintenance of Stormwater Infrastructure Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Badger Inc. for stormwater maintenance work, not to exceed $95,000. Background: Following an RFP period in September, Town of Vail received six proposals from stormwater maintenance firms. Of those that were qualified to do the work required (meaning they indicated in their bid that they have the necessary equipment available) Badger was the low bid at $95,000. The semi-annual maintenance of 277 gutter bins and 37 water quality vaults is to be completed in October. 4.7 Special Event Sponsorship Agreement for the Tiesto Vail Concert Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Vail Valley Foundation for the Tiesto Vail Concert, in an amount not to exceed $125,000.00. Background: The Town of Vail and Vail Mountain have collaborated with the Vail Valley Foundation to enhance the 2024-43 Contract to Buy and Sell Real Estate Purchase of 2014 W Gore Creek Dr Unit 3 09-26- 2024 Potato Patch Group parcel donation 100124 Resolution No 44, Potato Patch Donation 100124 final 2024-08 Potato Patch Group parcel Donation Potato Patch Group Parcel - Map TC Memo Spruce Beetle Tree Removal Contract Award 10-1-24 Fall Stormwater Maintenance Contract TC Memo 2 Birds of Prey World Cup event with new elements in Vail, aimed at attracting a broader audience for early-season visitation. 5.Action Items (6:10pm) 5.1 Contract Amendment to Cumming Management Group Inc for Timber Ridge Housing Project Development Oversite (6:10pm) 10 min. Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Cumming Group for the Timber Ridge Housing Development Oversight, in an amount not to exceed: $129,838.00. Presenter(s): Jason Dietz, Housing Director Background: The purpose of this action item is to request Town Council's approval to execute an agreement with Cumming Management Group, Inc, to provide development oversite and owner's representative services with respect to design, development and construction of the Timber Ridge Housing Project. 5.2 Eagle Valley Child Care Center Funding (6:20pm)10 min. Approve or deny the $100,000.00 funding request from the Eagle Valley Child Care Center for the Minturn Family Enrichment Center utilizing tobacco tax collections. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. 5.3 Permission to Apply for Colorado Forest Restoration and Wildfire Mitigation Grant 5 min. Approve request to apply for Colorado Forest Restoration and Wildfire Mitigation Grant. Presenter(s): Chief Mark Novak, Vail Fire Department Background: VFES is proposing to apply for the Colorado Forest Restoration and Wildfire Mitigation Grant. These funds will be used to conduct fuels reduction activities on 53 acres of the Booth Creek Fuels Reduction Project. The total project cost is estimated at $185,000, the TOV would be responsible for a match of $93,000 if the grant is awarded. This match has been included in the 2025 budget request. 5.4 Ordinance No. 13, Series of 2024, First Reading, An Ordinance of the Town Council of the Town of Vail, Colorado, Adopting by Reference the 2023 Edition of the National Electrical Code and the 2024 Editions of the International Building Code, the International Residential Code, the International Fire Code, the International Energy Conservation Code, the International Plumbing Code, the 30 min. Council Memo - 10-1-2024 Consent Agenda Tiest Concert Sponsorship Memo on Cumming Management Group Contract 10-01-2024 10-01-24 EVCCA Childcare Contribution Request TC Memo CSFS FRWRM Grant Application 09252024 3 International Fuel Gas Code, the International Mechanical Code and the International Existing Building Code, with Amendments, and Setting Forth Penalties for Violations Thereof (6:35pm) Approve, approve with amendments, or deny Ordinance No.13, Series of 2024 upon first reading. Presenter(s): Daniel Brown, Chief Building Official and Deputy Chief Ryan Ocepek, Vail Fire Department Background: The purpose of this item is to provide information to the Vail Town Council regarding repealing and reenacting Title 10, Chapter 1 of the Vail Municipal Code through the adoption of the latest editions of the building and fire codes as amended and recommended by staff and the Building and Fire Code Appeals Board. 6.Adjournment 7:05pm (estimate) TC Memo Code Adoption Evening Session_Final_9-26-24 Ordinance 13 Series 2024 Codes by Reference-O092624 Final _9_27_24 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vail.gov. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 4 AGENDA ITEM NO. 2.1 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Any Action as a Result of Executive Session AGENDA SECTION:Any action as a result of Executive Session SUBJECT:Resolution No. 45, Series of 2024, A Resolution Approving a Settlement Agreement between the Town of Vail and the Vail Corporation SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 45, Series of 2024. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution_No._45_2024_-__Settlement_Agreement 2024.09.27_VR_TOV_Partnership_and_Settlement_Agreement 5 RESOLUTION NO. 45 Series of 2024 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL CORPORATION WHEREAS, this Agreement documents the Town and Vail Resorts’ shared commitment to prioritizing the redevelopment of the West Lionshead area, and the Parties’ intent to partner in support of a base village on the site,anticipated to feature access to Vail Mountain’s legendary terrain plus new lodging, restaurants, boutiques, and skier services as well as community benefits such as workforce housing, public spaces, transit, and parking; WHEREAS, this Agreement is also intended to resolve all disputes between the Parties with respect to certain real property, more particularly described as Tract A and Lot 1, East Vail Workforce Housing Subdivision located in the Town of Vail, Eagle County, Colorado (the "East Vail Property"); WHEREAS, the disputes include an action in eminent domain (2022cv30193 in Eagle County District Court), now on appeal to the Colorado Court of Appeals in 2023CA1899, and a Rule 106 action (2022cv30163 in Eagle County District Court), now on appeal in the Colorado Court of Appeals in 2023CA1622 (these actions and related appeals are collectively referred to herein as the “Litigation”); WHEREAS, the Parties wish to pursue the development of West Lionshead and settle, dismiss and fully and finally resolve the Litigation, including the lifting and termination of any stay in effect in the Litigation. WHEREAS, the Town and The Vail Corporation wish to settle, dismiss and fully and finally resolve the litigation, including the lifting and termination of any stay in effect pursuant to the terms of the Settlement Agreement, attached hereto as Exhibit A and incorporated herein by this reference, (the “Agreement”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Agreement in substantially the same form as attached hereto as Exhibit A,and in a form approved by the Town Attorney, and authorizes the Mayor to execute the Agreement on behalf of the Town. Section 2.This Resolution shall take effect immediately upon its passage. 6 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1st day of October 2024. _________________________ Travis Coggin, Town Mayor ATTEST: _____________________________ Stephanie Kauffman, Town Clerk 7 10/1/2024 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement") is made this 1st day of October, 2024 (the "Effective Date"), by and between the Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and The Vail Corporation, a Colorado corporation with an address of 390 Interlocken Crescent, Broomfield, CO 80021 ("Vail Resorts") (each a "Party" and collectively the "Parties"). WHEREAS, this Agreement documents the Town and Vail Resorts’ shared commitment to prioritizing the redevelopment of the West Lionshead area, and the Parties’ intent to partner in support of a base village on the site,anticipated to feature access to Vail Mountain’s legendary terrain plus new lodging, restaurants, boutiques, and skier services as well as community benefits such as workforce housing, public spaces, transit, and parking. WHEREAS, this Agreement is also intended to resolve all disputes between the Parties with respect to certain real property, more particularly described as Tract A and Lot 1, East Vail Workforce Housing Subdivision located in the Town of Vail, Eagle County, Colorado (the "East Vail Property"); WHEREAS, the disputes include an action in eminent domain (2022cv30193 in Eagle County District Court), now on appeal to the Colorado Court of Appeals in 2023CA1899, and a Rule 106 action (2022cv30163 in Eagle County District Court), now on appeal in the Colorado Court of Appeals in 2023CA1622 (these actions and related appeals are collectively referred to herein as the “Litigation”); WHEREAS, the Parties wish to pursue the development of West Lionshead and settle, dismiss and fully and finally resolve the Litigation, including the lifting and termination of any stay in effect in the Litigation. 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: 1. Town's Obligations. The Town and Vail Resorts agree that the development of the base village on the West Lionshead site as described above is a priority. As such the Town will: a.State that the redevelopment of West Lionshead is a priority in the Town’s Strategic Plan as the development is intended to improve the resort experience and benefit the community, while also aligning with the Town’s broader goals; b. Collaborate and partner with Vail Resorts and its developer on the community process to create a new vision and Master Plan for the West Lionshead area, and cost-share and contribute in-kind 8 2 resources to support the effort based on a mutually agreed upon scope of work and cost, subject to Town Council appropriation; c. After the process outlined in 1b, Town staff, the developer, and Vail Resorts will co-present an update to the Lionshead Redevelopment Master Plan to Town Council. After approval of the Master Plan (via a Resolution), the parties will work toward the implementation of that plan to reflect the new vision; d.Develop a mutually agreed upon anticipated schedule with Vail Resorts and its developer for the master planning process including key deliverables, public outreach and planning applications; e.Work with Vail Resorts and its developer to explore various public financing options such as tax increment financing, Downtown Development Authority and other public financing options to implement the Master Plan; f. Prioritize the Town’s participation in, and review of, planning submittals over the course of the process; and g. Work with Vail Resorts and its developer to create media releases and responses to other external communications and events/open houses in relation to the project, including a mutually agreed upon press release to announce this new process upon the execution of both parties of this settlement agreement. Notwithstanding the foregoing provisions of this paragraph 1 above, the review and approval of all applications and requests related to the Lionshead West Master Plan, as well as any subsequent development, construction, financing or other applications or requests will be required to obtain all necessary Town approvals and comply with all Town processes. Further, nothing in this Agreement limits the Town’s land use authority or its authority to enact and enforce laws regarding the West Lionshead site. 2. Dismissal of Litigation and Lifting and Termination of Stay. As redevelopment of West Lionshead described in paragraph 1 provides a potential alternate location for the workforce housing Vail Resorts had planned to build on the East Vail Property, Vail Resorts agrees to cease its efforts to challenge, block, impair or delay the Town’ acquisition of fee title to, and its ownership, control, possession and use of the East Vail Property. Vail Resorts shall cooperate with the Town and shall take or refrain from such actions as are reasonably necessary: i) to dismiss and not further pursue its claims or appeals in the Litigation; ii) for the June 30, 2023 Findings of Fact, Conclusions of Law and Orders and the October 20, 2023 Final Rule and Order entered by the Eagle County District Court in the eminent domain action (2022cv30193) to be in full force and effect free of 9 3 any stay; and iii) for the Town to be able to obtain a certified copy of the October 20, 2023 Final Rule and Order from the Eagle County District Court and to record that Order in the real property records of the Clerk and Recorder of Eagle County. Vail Resorts further agrees as follows: a. Within 2 days of the of the Effective Date hereof, the Parties shall file a Stipulation for Dismissal of Appeal and Lifting of Stay pursuant to C.A.R. 42(a) in the eminent domain appeal (2023CA1899) in the form attached hereto as Exhibit A. The Parties shall authorize and direct their respective counsel of record to timely approve and submit this stipulation with the Court of Appeals.Vail Resorts hereby waives and releases its rights to further pursue any appeal in the eminent domain action, as well as any claim it may have on remand to the district court (in 2022cv30193). b.If requested to do so by the Town, Vail Resorts shall reasonably and promptly consent to the Town’s motion or motions to lift and terminate any stay in effect in the Litigation concerning the East Vail Property, including those addressed by Orders of the Eagle County District Court dated December 12, 2023, December 1, 2023, November 21, 2023 and October 27, 2023 (in 2022cv30193), and if necessary, the Order of the Colorado Court of Appeals dated December 15, 2023 (in 2023CA1899). c.Vail Resorts hereby consents to the Town’s motion for the Eagle County District Court to issue a certified copy of the October 20, 2023 Final Rule and Order (in 2022cv30193) to the Town and to permit the Town to record that Order in the real property records of the Clerk and Recorder of Eagle County. d.Vail Resorts agrees it shall not further appeal or seek reconsideration or rehearing of the Court of Appeals’ August 8, 2024 decision in the Rule 106 appeal (2023CA1622). Vail Resorts hereby waives and releases all claims asserted or that could have been asserted against the Town and/or its Town Council in the Rule 106 action (2022cv30163) and all rights to further pursue appeal in that action. e.Subject to the disposition of the $17,500,000 in condemnation proceeds as provided in paragraph 3 below: (i) Vail Resorts, on behalf of itself and its subsidiaries and affiliates, agrees not to take any further legal action or assert any further claims against the Town, its Town Council, or any Town officials, employees and representatives with respect to the East Vail Property; (ii) Vail Resorts agrees and acknowledges that it has been fully compensated for the Town’s acquisition of, and all actions taken by the Town with respect to the East Vail Property, including all 10 4 compensation, damages, interest, costs and fees and (iii) Vail Resorts, on behalf of itself and its subsidiaries and affiliates, hereby discharges and releases the Town, its Town Council, and all Town officials, employees and representatives from any liability and all claims associated with the East Vail Property, including all claims that were asserted or that could have been asserted in the Litigation. f.Except as set forth in this Agreement, the Town, individually and on behalf of its Town Council, Town officials, employees and representatives, hereby releases Vail Resorts, and its agents, employees, officers, directors, successors, heirs, executors, parents, subsidiaries, affiliates, administrators and all other related persons from any liability and all claims associated with the East Vail Property, including all claims that were asserted or that could have been asserted in the Litigation. g.Should the Town seek to convey a conservation easement on all or any portion of the East Vail Property, Vail Resorts agrees not to oppose or object to such action and hereby waives and releases any claim or objection it may have with respect to the conveyance of a conservation easement on all or any portion of the East Vail Property. h.With the exception of such amounts previously paid by the Town pursuant to the Eagle County District Court’s Orders dated March 4, 2024 (in 2022cv30193), each Party shall otherwise pay their own costs and attorney fees in the Litigation. 3.Disposition of Condemnation Proceeds. Only upon completion of all four (4) of the following events will Vail Resorts seek to withdraw the $17,500,000 deposited by the Town and held in the Court Registry of the Eagle County District Court in the eminent domain action (2022cv30193): i) the dismissal of the eminent domain appeal (2023CA1899) by the Court of Appeals; ii) the lifting and termination of all stays in the Litigation; iii) the Town recording the October 20, 2023 Final Rule and Order (in 2022cv30193) in the real property records of the Clerk and Recorder of Eagle County (which the Town will do within seven days of the District Court’s release to the Town of a certified copy of the Rule and Order); and iv) the expiration of all deadlines to seek further review or appeal of the Rule 106 appeal (2023CA1622). Upon the occurrence of these four (4) events, Vail Resorts may file a motion to withdraw the funds deposited by the Town and held in the Court Registry of the Eagle County District Court in the eminent domain action (2022cv30193) and the Town will consent to the motion. 11 5 4.Miscellaneous. a.Modification. This Agreement may only be modified by subsequent written agreement of the Parties. b.Integration. This Agreement and any attached exhibits constitute the entire agreement between the Parties, superseding all prior oral or written communications. c.Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d.Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in state court in Eagle County, Colorado. In the event of any material breach of this Agreement, the non-breaching party shall be awarded its reasonable attorneys’ fees in seeking to enforce any portion(s) of this Agreement. e.Assignment. There shall be no transfer or assignment of any of the rights or obligations of either Party under this Agreement without the prior written approval of the other Party. f.Third Parties. There are no intended third-party beneficiaries to this Agreement. g.Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. h.No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. i.Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. j.Force Majeure. No Party shall be in breach of this Agreement, if such Party's failure to perform any of the duties under this 12 6 Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes or the authority and orders of government. k.Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. WHEREFORE, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Travis Coggin, Mayor ATTEST: _________________________________ Stephanie Kauffman, Town Clerk THE VAIL CORPORATION _______________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of __________________, 2024, by _________________________ as the _______________________ of The Vail Corporation. My commission expires:(S E A L) ________________ ________________ Notary Public 13 7 Exhibit A COLORADO COURT OF APPEALS 2 East 14th Avenue Denver, Colorado 80203 ▲COURT USE ONLY▲ Appeal from the District Court of Eagle County, Colorado The Honorable Paul R. Dunkelman Case No.: 2022CV030193, Div. 4 Petitioner-Appellee: TOWN OF VAIL, a Colorado home rule municipality, Respondent-Appellant: THE VAIL CORPORATION, a Colorado corporation. Attorneys for Respondent-Appellant The Vail Corporation: John R. Sperber, No. 22073 FAEGRE DRINKER BIDDLE &REATH, LLP 1144 Fifteenth Street, Suite 3400 Denver, CO 80202 Telephone number: 303-607-3500 jack.sperber@faegredrinker.com Sarah M. Kellner, No. 38111 Katharine M. McDermott, No. 42331 DAVIS GRAHAM &STUBBS, LLP 1550 17th Street; Suite 500 Denver, CO 80202 Telephone: 303-892.9400 Sarah.Kellner@dgslaw.com Katie.McDermott@dgslaw.com Attorneys for Petitioner-Appellee Town of Vail: M. Patrick Wilson, No. 26303 Hoffmann, Parker, Wilson & Carberry, P.C. 511 16th Street, Suite 610 Denver, Colorado 80202 Telephone: 303-825-6444 pwilson@hpwclaw.com Case Number: 2023CA1899 STIPULATION FOR DISMISSAL OF APPEAL AND LIFTING OF STAY 14 8 Respondent-Appellant The Vail Corporation and Petitioner-Appellee the Town of Vail, through their respective undersigned counsel and pursuant to Rule 42(a) of the Colorado Appellate Rules, submit this Stipulation for Dismissal of Appeal and Lifting of Stay. Respondent-Appellant The Vail Corporation and Petitioner-Appellee the Town of Vail (the “Parties”) jointly request that this Court lift and terminate the stay entered by this Court’s Order dated December 15, 2023. The Parties further seek dismissal of this appeal with prejudice pursuant to C.A.R. 42(a). The Parties agree that each party shall pay its own costs and attorney fees in connection with this appeal. Respondent-Appellant The Vail Corporation shall pay any fees or charges, if any, owing to this Court or to any court reporter. Respectfully submitted this ____ day of ____________, 2024. DAVIS GRAHAM &STUBBS LLP /s/ Katharine M. McDermott, No. 42331 Sarah M. Kellner, No. 38111 Lindsey Folcik, No. 55167 and 15 9 FAEGRE DRINKER BIDDLE &REATH LLP /s/ John R. Sperber, No. 22073 ATTORNEYS FOR RESPONDENT- APPELLANT THE VAIL CORPORATION HOFFMANN,PARKER,WILSON & CARBERRY,P.C. /s/ M. Patrick Wilson, No. 26303 Katharine J. Vera, No. 53995 ATTORNEYFORPETITIONER- APPELLEETOWNOFVAIL 16 10 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this ____ day of ___________, 2024 a true and correct copy of the foregoing STIPULATION FOR DISMISSAL OF APPEAL AND LIFTING OF STAY was served via CCES, electronic mail, and/or by placing it in the U.S. mail, first class postage prepaid, addressed to the following: M. Patrick Wilson Katharine J. Vera Hoffmann, Parker, Wilson & Carberry, P.C. 511 16th Street, Suite 610 Denver, Colorado 80202 Telephone: 303-825-6444 E-mail: pwilson@hpwclaw.com kjv@hpwclaw.com Attorneys for Petitioner-Appellee Town of Vail John R. Sperber Rebecca A.R. Smith FAEGRE DRINKER BIDDLE & REATH LLP 1144 15th Street, Suite 3400 Denver, CO 80202 E-mail: jack.sperber@faegredrinker.com Becca.smith@faegredrinker.com Attorneys for Respondent The Vail Corporation Sarah Kellner Katharine M. McDermott Lindsey Folcik DAVIS GRAHAM & STUBBS, LLP 1550 17th Street, Suite 500 Denver, CO 80202 Email:Sarah.kellner@dgslaw.com katie.mcdermott@dgslaw.com lindsey.folcik@dgslaw.com Attorneys for Respondent The Vail Corporation /s/ Paralegal 17 AGENDA ITEM NO. 3.1 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Public Participation (6:00pm) SUBJECT:Public Participation (10 min.) SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Public Participation 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AGENDA ITEM NO. 4.1 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:September 3, 2024 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 090324 TC Meeting Minutes 48 Town Council Meeting Minutes of September 3, 2024. Page 1 Vail Town Council Meeting Minutes Tuesday, September 3, 2024 6:00 P.M. Vail Town Council Chambers The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Coggin. Members present: Travis Coggin, Mayor Barry Davis, Mayor Pro Tem Pete Seibert Jonathan Staufer Dave Chapin Reid Phillips Samantha Biszantz Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Kauffman (Bibbens), Town Clerk 1.Call to Order 2.Public Participation Public Participation began at time stamp 0:00:11 on the High Five video. Brett Rodney, an East Vail resident, asked the council to consider an advisory lane on roads in East Vail, similar to the one in place near the golf course, to slow traffic and increase safety for pedestrians and cyclists. Carol Shanser, an East Vail resident, agreed with need for advisory lane in East Vail. Jon Shanser, an East Vail resident, also spoke in support of an advisory lane in East Vail. 3.Any Action as the Result of Executive Session There was none. 4.Consent Agenda Consent agenda began at time stamp 0:06:20 on the High Five video. 4.1 August 06, 2024 TC Meeting Minutes 4.2 August 20, 2024 TC Meeting Minutes 49 Town Council Meeting Minutes of September 3, 2024. Page 2 4.3 Resolution No. 41, Series of 2024, A Resolution Approving the Purchase of Residential Property Approve, approve with amendments, or deny Resolution No. 41, Series of 2024 to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase the property known as Vail East Lodging Condominium, Unit 6-U, 4093 Spruce Way, Unit 35, Vail, CO 81657, in the amount not to exceed $685,000.00 including closing costs. Background: The availability of Housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing its workforce. 4.4 Contract Award to Icon Inc. for Bighorn Road Underdrain Project Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon Inc. to complete the Bighorn Road Underdrain Project, in an amount not to exceed $185,000.00. Background: The stretch of Bighorn Road, across from the Racquet Club Townhomes, experienced frost heave over last winter and spring resulting in significant damage to the existing curb, gutter, and asphalt shoulder. The project will replace damaged curb, gutter, and asphalt shoulder and install an underdrain below the roadway to direct underground water away from the site to reduce the potential for future frost heave. 4.5 Pitkin Creek Master Lease Renewal Approve, approve with amendments, or deny the Pitkin Creek Master Lease Renewal. Background: The purpose of this agenda item is to request Town Council to authorize the Town Manager to enter into a master lease agreement with 4081 Bighorn Road 14i LLC for a twelve- month lease effective October 1, 2024 through September 30, 2025. Staufer made a motion to approve the consent agenda as read; Davis seconded motion passed (7-0). 5. Action Items Discussion for the Winter Parking Update began at time stamp 0:07:29 on the High Five video. 5.1 Winter Parking Update Presenter(s): Greg Hall, Public Director of Works and Transportation Listen to presentation and provide feedback. Background: Provide Town Council with an update on the Parking and Mobility Task Force discussion regarding mobility, winter parking operations, and provide recommendations for the 2024-2025 winter season. 50 Town Council Meeting Minutes of September 3, 2024. Page 3 Council was in support of the recommendations for the 2024-2025 winter parking season. Discussion for Ordinance No. 11, Series of 2024 began at time stamp 0:38:57 on the High Five video. 5.2 Ordinance No. 11, Series of 2024, First Reading, An Ordinance Amending Chapter 10 of Title 7 of the Vail Town Code Regarding Commercial Transportation Presenter(s): Deputy Chief Justin Liffick, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 11, Series of 2024 upon first reading. Background: The Vail Police Department is requesting Town Council adopt the recommended changes to Chapter 10 Title 7 of the Town of Vail Municipal Code regarding Commercial Transportation. Davis made a motion to approve; Staufer seconded motion passed (7-0). Discussion for Ordinance No. 12, Series of 2024 began at time stamp 0:41:02 on the High Five video. 5.3 Ordinance No. 12, Series of 2024, First Reading, An Ordinance Approving the Conveyance of Real Property Owned by the Town of Vail, Described as Lot 2, Timber Ridge Subdivision to Lion's Ridge Apartment Homes, LLC Presenter(s): Jason Dietz, Housing Director Approve, approve with amendments, or deny Ordinance No. 12, Series of 2024 upon first reading. Background: This agenda item advances the critical actions identified in the Vail Town Council Action Plan, furthers the adopted housing goal of the Town of Vail , and aids Vail in realizing its vision to be the premier international mountain resort community and as a national leader in the delivery of housing solutions for its community residents. Chapin made a motion to approve; Davis seconded motion passed (7-0). There being no further business to come before the council, Davis moved to adjourn the meeting; Staufer seconded motion passed (7-0), meeting adjourned at 6:44pm. 51 Town Council Meeting Minutes of September 3, 2024. Page 4 Respectfully Submitted, Attest: __________________________________ Travis Coggin, Mayor ______________________________ Stephanie Kauffman, Town Clerk 52 AGENDA ITEM NO. 4.2 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:September 17, 2024 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 091724 TC Meeting Minutes 53 Town Council Meeting Minutes of September 17, 2024. Page 1 Vail Town Council Meeting Minutes Tuesday, September 17, 2024 6:00 P.M. Vail Town Council Chambers The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Coggin. Members present: Travis Coggin, Mayor Barry Davis, Mayor Pro Tem Pete Seibert Jonathan Staufer Dave Chapin Reid Phillips Samantha Biszantz Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Kauffman (Bibbens), Town Clerk 1. Call to Order 2. Public Participation Public Participation began at time stamp 0:00:12 on the High Five video. Paul Seidman, an East Vail resident, expressed concerns about speeding in his neighborhood and on I-70 and the use of engine brakes on I-70 as a nuisance. 3. Any Action as the Result of Executive Session There was none. 4. Consent Agenda Consent agenda began at time stamp 0:02:43 on the High Five video. 4.1 Resolution No. 42, Series of 2024, A Resolution Approving a Grant Agreement between the Town of Vail and the Colorado Department of Transportation for Design Work Related to Expansion of the Vail Transportation Center Approve, approve with amendments, or deny Resolution No. 42, Series of 2024. Background: In the fall of 2022, the Town of Vail was awarded two Multimodal Transportation and Mitigation Options Fund (MMOF) grants with the State of Colorado. This grant provides 54 Town Council Meeting Minutes of September 17, 2024. Page 2 funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. 4.2 Change Order with 360 Paving for 2024 Vail Overlay Project Authorize the Town Manager to enter a change order agreement, in a form authorize by the Town Attorney, with 360 Paving LLC to complete the 2024 Vail Overlay project in an amount not to exceed $117,012.00. Background: This change order is to include quantity overruns of asphalt placed due to surface irregularities. 4.3 Contract Award with AVI-SPL to Replace the Donovan Pavilion Audio/Visual Systems Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with AVI-SPL to replace the Donovan Pavilion audio/visual system, in an amount not to exceed $125,000.00. Background: Donovan Pavilion is one of the Town's premier locations for hosting events. As the world has become more connected through technology, it is important to keep our facilities up- to-date on all technologies to ensure we remain competitive and attractive to our customers. 4.4 Contract Award to Wright Water Engineers for Completion of Golf Course Vegetation and Riparian Enhancement Master Plan Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Wright Water Engineers for completion of a Golf Course Vegetation and Riparian Enhancement Master Plan, in an amount not to exceed $105,000.00. Background: As part of the effort to achieve Town Council's strategic goal of restoring aquatic insect populations in Gore Creek and removing Gore Creek from the 303 (d) list of impaired waterways by 2029, the Environmental Sustainability Department put out an RFP for firms to complete a study of riparian habitat, vegetation, chemical use, and floodplain connectivity on the Vail Golf Course. Staufer made a motion to approve the consent agenda as read; Davis seconded motion passed (7-0). 5. Action Items Discussion for the Art in Residence Studio Construction began at time stamp 0:03:17 on the High Five video. 5.1 Contract Award to MW Golden Constructors for the Artist in Residence Studio Construction Presenter(s): Greg Hall, Public Director of Works and Transportation 55 Town Council Meeting Minutes of September 17, 2024. Page 3 Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with MW Golden Constructors for the Artist in Residency Studio construction, not to exceed $1,214,904.00. Background: The purpose of this item is to award a contract for the construction of the Artist in Residence Studio to the lowest bid, which came in within the current budget for the project. Staufer made a motion to approve; Seibert seconded motion passed (7-0). Discussion for Ordinance No. 11, Series of 2024 began at time stamp 0:12:42 on the High Five video. 6. Public Hearings 6.1 Ordinance No. 11, Series of 2024, Second Reading, An Ordinance Amending Chapter 10 of Title 7 of the Vail Town Code Regarding Commercial Transportation Presenter(s): Commander Lachlan Crawford, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 11, Series of 2024 upon first reading. Background: The Vail Police Department is requesting Town Council adopt the recommended changes to Chapter 10 Title 7 of the Town of Vail Municipal Code regarding Commercial Transportation. Public comment was called. There was none, Chapin made a motion to approve; Staufer seconded motion passed (7-0). Discussion for Ordinance No. 12, Series of 2024 began at time stamp 0:15:06 on the High Five video. 6.2 Ordinance No. 12, Series of 2024, Second Reading, An Ordinance Approving the Conveyance of Real Property Owned by the Town of Vail, Described as Lot 2, Timber Ridge Subdivision to Lion's Ridge Apartment Homes, LLC Presenter(s): Jason Dietz, Housing Director Approve, approve with amendments, or deny Ordinance No. 12, Series of 2024 upon first reading. Background: This agenda item advances the critical actions identified in the Vail Town Council Action Plan, furthers the adopted housing goal of the Town of Vail, and aids Vail in realizing its vision to be the premier international mountain resort community and as a national leader in the delivery of housing solutions for its community residents. Public comment was called. There was none. 56 Town Council Meeting Minutes of September 17, 2024. Page 4 Staufer made a motion to approve; Phillips seconded motion passed (7-0). There being no further business to come before the council, Staufer moved to adjourn the meeting; Davis seconded motion passed (7-0), meeting adjourned at 6:17pm. Respectfully Submitted, Attest: __________________________________ Travis Coggin, Mayor ______________________________ Stephanie Kauffman, Town Clerk 57 AGENDA ITEM NO. 4.3 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Martha Anderson, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Resolution No. 43, Series of 2024, A Resolution Approving the Acquisition of Real Property. SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 43, Series of 2024, authorizing the Town Manager, to enter into an agreement, approved by the Town Attorney, to purchase the property known as Hamlet Chalet Townhome, Unit 3, 2014 West Gore Creek Drive, Unit 3, Vail, CO 81657, in the amount not to exceed $2,000,000.00 plus closing costs. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2024-43 Contract to Buy and Sell Real Estate Purchase of 2014 W Gore Creek Dr Unit 3 09-26-2024 58 RESOLUTION NO. 43 SERIES OF 2024 A RESOLUTION APPROVING THE PURCHASE OF RESIDENTIAL PROPERTY WHEREAS, (“Owner”) is the owner of certain residential property located in Vail, Colorado (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner, and Owner wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference (the “Contract”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney, authorizes the appropriation of the funds necessary to complete the purchase of the Property and authorizes the Town Manager to execute the Contract on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this _1st__ day of _October_, 2024. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 59 Date: 9/24/2024 Berkshire Hathaway HomeServices Colorado Properties Danean Boukather Ph: 970-476-2482 Fax: 970-476-6499 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS1-8-24) (Mandatory 8-24) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) AGREEMENT 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. Town Of Vail (Buyer) will take title to the Property described below as Joint Tenants Tenants In Common Other TBD. 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 2.3. Seller. Jones Richard Caudle III and Louise Alice Hurlbut (Seller) is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado (insert legal description): HAMLET CHALET Unit: 3 R885039 QCD 07-16-04 known as: 2014 W Gore Creek Dr, 3 Vail, CO 81657 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including 2 remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.8. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 1 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 60 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: 3 Refrigerators, 3 stoves, 1 dishwasher, 3 microwaves, 2 stackables washers/dryers. If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 2.5.4. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of certain Inclusions. 2.5.5. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and encumbrances, except: n/a Buyer Will Will Not assume the debt and obligations on the Encumbered Inclusions subject to Buyer’s review under §10.6. (Encumbered Inclusion Documents) and Buyer’s receipt of written approval by such lender before Closing. If Buyer does not receive such approval this Contract terminates. 2.5.6. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.5.7. Parking and Storage Facilities. The use or ownership of the following parking facilities: 2 car garage & 2 assigned surface parking spaces; and the use or ownership of the following storage facilities: Those on record. Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 2.5.8. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): n/a Buyer Will Will Not assume Seller’s debt and obligations under such leases for the Leased Items subject to Buyer’s review under §10.6. (Leased Items Documents) and Buyer’s receipt of written approval by such lender before Closing. If Buyer does not receive such approval this Contract terminates. 2.5.9. Solar Power Plan. If the box is checked, Seller has entered into a solar power purchase agreement, regardless of the name or title, to authorize a third-party to operate and maintain a photovoltaic system on the Property and provide electricity (Solar Power Plan) that will remain in effect after Closing. Buyer Will Will Not assume Seller’s obligations under such Solar Power Plan subject to Buyer’s review under §10.6. (Solar Power Plan) and Buyer’s receipt of written approval by the third-party before Closing. If Buyer does not receive such approval this Contract terminates. 2.6. Exclusions. The following items are excluded (Exclusions): n/a 2.7. Water Rights/Well Rights. 2.7.1. Deeded Water Rights. The following legally described water rights: n/a Any deeded water rights will be conveyed by a good and sufficient n/a deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: n/a 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is n/a. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 2 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 61 Friday Friday Friday Friday Friday Monday Monday 2.7.4. Water Stock. The water stock to be transferred at Closing are as follows: n/a 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 2.7.6. Water Rights Review. Buyer has a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 3. DATES, DEADLINES AND APPLICABILITY. 3.1. Dates and Deadlines. Item No.Reference Event Date or Deadline 1 § 3 Time of Day Deadline n/a 2 § 4 Alternative Earnest Money Deadline 5 Days after MEC Title 3 § 8 Record Title Deadline (and Tax Certificate)10/4/2024 4 § 8 Record Title Objection Deadline 10/11/2024 5 § 8 Off-Record Title Deadline 10/4/2024 6 § 8 Off-Record Title Objection Deadline 10/11/2024 7 § 8 Title Resolution Deadline 10/18/2024 8 § 8 Third Party Right to Purchase/Approve Deadline n/a Owners' Association 9 § 7 Association Documents Deadline n/a 10 § 7 Association Documents Termination Deadline n/a Seller's Disclosures 11 § 10 Seller’s Property Disclosure Deadline 10/21/2024 12 § 10 Lead-Based Paint Disclosure Deadline 10/21/2024 Loan and Credit 13 § 5 New Loan Application Deadline n/a 14 § 5 New Loan Terms Deadline n/a 15 § 5 New Loan Availability Deadline n/a 16 § 5 Buyer’s Credit Information Deadline n/a 17 § 5 Disapproval of Buyer’s Credit Information Deadline n/a 18 § 5 Existing Loan Deadline n/a 19 § 5 Existing Loan Termination Deadline n/a 20 § 5 Loan Transfer Approval Deadline n/a 21 § 4 Seller or Private Financing Deadline n/a Appraisal 22 § 6 Appraisal Deadline n/a 23 § 6 Appraisal Objection Deadline n/a CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 3 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 62 Monday Monday Friday Friday Monday Thursday Monday Friday Friday Friday Friday 24 § 6 Appraisal Resolution Deadline n/a Survey 25 § 9 New ILC or New Survey Deadline n/a 26 § 9 New ILC or New Survey Objection Deadline n/a 27 § 9 New ILC or New Survey Resolution Deadline n/a Inspection and Due diligence 28 § 2 Water Rights Examination Deadline n/a 29 § 8 Mineral Rights Examination Deadline n/a 30 § 10 Inspection Termination Deadline 10/21/2024 31 § 10 Inspection Objection Deadline 10/21/2024 32 § 10 Inspection Resolution Deadline 10/25/2024 33 § 10 Property Insurance Termination Deadline 5/23/2025 34 § 10 Due Diligence Documents Delivery Deadline 10/21/2024 35 § 10 Due Diligence Documents Objection Deadline 10/24/2024 36 § 10 Due Diligence Documents Resolution Deadline 10/28/2024 37 § 10 Conditional Sale Deadline n/a 38 § 10 Lead-Based Paint Termination Deadline 10/25/2024 Closing and Possession 39 § 12 Closing Date 5/30/2025 40 § 17 Possession Date 5/30/2025 41 § 17 Possession Time Delivery of deed & good funds 42 § 27 Acceptance Deadline Date 9/27/2024 43 § 27 Acceptance Deadline Time 5:00 PM(MST) 44 n/a n/a n/a 45 n/a n/a n/a Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of “None”, such provision means that “None” applies. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract means not applicable. 3.3. Day; Computation of Period of Days; Deadlines. 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 4 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 63 2,000,000.00 20,000.00 50,750.00 1,929,250.00 2,000,000.00 2,000,000.00 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included. 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 4. PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: Item No.Reference Item Amount Amount 1 § 4.1.Purchase Price $ 2 § 4.3.Earnest Money $ 3 § 4.5.New Loan $ 4 § 4.6.Assumption Balance $ 5 § 4.7.Private Financing $ 6 § 4.7.Seller Financing $ 7 n/a Rental credit for 7 months $ 8 n/a n/a $ 9 § 4.4.Cash at Closing $ 10 Total $$ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $n/a (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a Wire Transfer, will be payable to and held by Land Title Guarantee (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 5 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 64 and return the Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 4.4. Form of Funds; Time of Payment; Available Funds. 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 4.5. New Loan. (Omitted as inapplicable) 4.6. Assumption. (Omitted as inapplicable) 4.7. Seller or Private Financing. (Omitted as inapplicable) TRANSACTION PROVISIONS 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 5.3. Credit Information. (Omitted as inapplicable) 5.4. Existing Loan Review. (Omitted as inapplicable) 5.5. Buyer Representation of Principal Residence. Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer represents that Buyer will NOT occupy the Property as Buyer’s principal residence. 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1. applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification). 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 6 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 65 termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than $n/a. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price and condition of the Property are acceptable. 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived in writing by Buyer. 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more declarations (Association). 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 7 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 66 7.3. Association Documents. Association documents (Association Documents) consist of the following: 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., collectively, Financial Documents); 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2. (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common elements or limited common elements of the Association property. 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 8.1. Evidence of Record Title. 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 8 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 67 soon as practicable at or after Closing. 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other n/a. Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 9 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 68 public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title)), in Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 8.4. Special Taxing and Metropolitan Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. The official website for the Metropolitan District, if any, is: n/a. 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing or metropolitan districts that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the content of the Tax Certificate is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the content of the Tax Certificate as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Tax Certificate) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 10 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 69 the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and governmental regulations concerning land use, development and environmental matters. 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance policy. 8.9. Mineral Rights Review. Buyer has a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 9. NEW ILC, NEW SURVEY. 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of n/a; is required and the following will apply: 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: n/a 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) and n/a will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 11 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 70 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). DISCLOSURE, INSPECTION AND DUE DILIGENCE 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline , Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property and Inclusions to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller pursuant to § 10.3.2.; or CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 12 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 71 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct. 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): Town of Vail occupancy of Property via separate rental agreement: Terms of the lease shall start November 1, 2024, at which the Buyer occupies and controls the Property. Town of Vail shall be responsible for all utilities and maintenance. Seller shall be responsible for HOA fees and property taxes before Closing. Rental Period: November 1, 2024 to May 31, 2025; unless Final Closing occurs prior to the end date. Rent: $7,250/month; due by the 5th of each month. 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.8., Leased Items) will be transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.5. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. 10.6.1.4. Solar Power Plan. Copy of any Solar Power Plan not included in Leased Items (regardless of its name or title). 10.6.1.5. Septic Use Permit. If required by the local health department or other applicable government entity, on or before the local health department’s applicable deadline, Seller must pay for and furnish to Buyer a Septic Use Permit. 10.6.1.6. Other Documents. Other documents and information: n/a 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 13 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 72 are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 10.6.2.4. Automatic Due Diligence Extension. If a Due Diligence Document is not delivered on or before the Due Diligence Documents Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Due Diligence Document. If Buyer’s right to review and object to such Due Diligence Document is extended due to such Due Diligence Document not being delivered on or before the Due Diligence Documents Deadline, the Due Diligence Document Resolution Deadline will also be extended to the earlier of Closing or fifteen days after Buyer’s receipt of such Due Diligence Document. 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as None. Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 10.10. Lead-Based Paint. 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 14 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 73 or appliance, a fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of the test. 10.13. Radon Disclosure. THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STRONGLY RECOMMENDS THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL. RESIDENTIAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADON- INDUCED LUNG CANCER. RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. THE SELLER OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY. AN ELECTRONIC COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH C.R.S. §25-11-114(2)(A) THAT PROVIDES ADVICE ABOUT “RADON AND REAL ESTATE TRANSACTIONS IN COLORADO” IS AVAILABLE AT: HTTPS://CDPHE.COLORADO.GOV/RADON-AND-REAL-ESTATE. 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] Closing Provisions 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at an earlier date. At Closing, Seller must provide Buyer with the ability to access the Property (e.g. keys, access code, garage door opener). The hour and place of Closing will be as designated by Title Company. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 15 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 74 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.8. (Leased Items). 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s deed n/a deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing. Unless otherwise specified in § 30 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid for by Seller. 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller Other n/a. 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Seller. 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.3. Reserves or Working Capital. Unless agreed to otherwise, all reserves or working capital due (or other similar cost not addressed in § 16.2. (Association Assessments)) at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 16 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 75 Contract, do not exceed $165.00 for: Water District/Municipality Water Stock Augmentation Membership Small Domestic Water Company n/a and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.9. FIRPTA and Colorado Withholding. 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled veteran exemption or Other n/a 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and n/a 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. All Association Assessments accrued before Closing must be paid by Seller and all Association Assessments accrued after Closing must be paid by Buyer. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and n/a Association Assessments are subject to change as provided in the Governing Documents. 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 17 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 76 Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. If the parties have executed a Post-Closing Occupancy Agreement, such agreement will control Possession Date and Possession Time. If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ 300.00 per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered. Additionally, Buyer may pursue a claim against Seller for any of Buyer’s actual additional damages incurred by Buyer in excess of such amount. General Provisions 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property and Inclusions will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 18 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 77 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must be complied with. 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party has the following remedies: 20.1. If Buyer is in Default: 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 20.2. If Seller is in Default: 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this Contract are reserved and survive Closing. 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 19 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 78 one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section will not alter any date in this Contract, unless otherwise agreed. 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 24. TERMINATION. 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. Any Notice to Terminate delivered after the applicable deadline specified in the Contract is ineffective and does not terminate this Contract. 24.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder must be timely returned to Buyer and the parties are then relieved of all obligations hereunder, subject to §§ 10.4. and 21. 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract. 26. NOTICE, DELIVERY AND CHOICE OF LAW. 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or Internet/electronic signature. 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 20 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 79 at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due Diligence and Source of Water. 29. BUYER’S BROKERAGE FIRM COMPENSATION. Buyer’s brokerage firm’s compensation will be paid, at Closing, as follows: 29.1. n/a% of the Purchase Price or $n/a by Seller. Buyer’s brokerage firm is an intended third-party beneficiary under this provision only. The amount paid by Seller under this provision is in addition to any other amounts Seller is paying on behalf of Buyer elsewhere in this Contract. 29.2. 2% of the Purchase Price or $n/a by Buyer pursuant to a separate agreement between Buyer and Buyer’s brokerage firm. This amount may be modified between Buyer and Buyer’s brokerage firm outside of this Contract. 29.3. n/a% of the Purchase Price or $n/a by a separate agreement between Buyer’s brokerage firm and Seller’s brokerage firm. ADDITIONAL PROVISIONS AND ATTACHMENTS 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 1. This Contract to Buy and Sell Real Estate is conditioned and contingent upon the Vail Town Council granting authorization to proceed with the purchase of the Property described in Section 1, subject to the terms of the Contract. Authorization to proceed shall be by consideration of a Vail Town Council Resolution on October 1, 2024. 2. 15.4. Local Transfer Tax: Real estate transfer tax may be waived by exemption. 3.. Rental Funds are paid monthly by the Buyer to the Seller. These funds will apply to and be deducted from the Purchase Price. 4. If the acceleration closing happens, the rental credit on 4.1 will be amended appropriately to reflect only the paid amount until closing. 5. Property Taxes: Funds will be prorated at the Final Closing. 6. HOA Fees: Seller is responsible for monthly HOA Funds paid to Hamlet Homeowners Association. 7. Notice of Accelerated Final Closing: If applicable, Seller may give Buyer 45 (forty-five) days' notice via email if there is an acceleration of the Final Close date. However, the Closing shall not occur before January 1, 2025. 9. Sellers agree to have each unit professionally cleaned before November 1, 2024. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 21 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 80 10. Seller to remove all personal property from prior tenants. 11. This contract may be assignable to the" Vail Local Housing Authority." 12. Buyer shall be responsible for paying for all inspections, tests, surveys, and other work performed by third parties engaged by Buyer. 31. OTHER DOCUMENTS. 31.1. Documents Part of Contract. The following documents are a part of this Contract: 31.1.1. Post-Closing Occupancy Agreement. If the box is checked, the Post-Closing Occupancy Agreement is a part of this Contract. n/a 31.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: n/a Signatures Date:9/26/2024 Buyer: Town Of Vail By: Russell Forrest, Town Manager [NOTE: If this offer is being countered or rejected, do not sign this document.] Date:9/26/2024 Seller: Jones Richard Caudle III Date:9/26/2024 Seller: Louise Alice Hurlbut END OF CONTRACT TO BUY AND SELL REAL ESTATE CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 22 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 81 BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. A. Broker Working With Buyer Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid as specified in §29 above. This Broker’s Acknowledgments and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Berkshire Hathaway HomeServices Colorado Properties Brokerage Firm’s License #: EC 28210 Date:9/24/2024 Broker’s Name: Danean Boukather Broker’s License #: FA100000608 Address: 511 E Lionshead Cir Vail, CO 81657 Phone No.: 970-476-2482 Fax No.: 970-476-6499 Email Address: danean@bhhsvail.net B. Broker Working with Seller Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 23 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 82 Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . This Broker’s Acknowledgments and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any agreement to pay compensation must be entered into separately and apart from this provision. Brokerage Firm’s Name: Brokerage Firm’s License #: Broker’s Signature ________________________________________ Date: ______________ Broker’s Name: Broker’s License #: Address: , Phone No.: Fax No.: Email Address: CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) CTM eContracts - ©2024 MRI Software LLC - All Rights Reserved CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 24 of 24 9/26/2024 1:50:30 PM CTMeContracts.com - ©2024 MRI Software LLC 83 AGENDA ITEM NO. 4.4 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Kristen Bertuglia, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Resolution No. 44, Series of 2024, A Resolution Accepting a Donation of Real Property SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 44, Series of 2024. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Potato Patch Group parcel donation 100124 Resolution No 44, Potato Patch Donation 100124 final 2024-08 Potato Patch Group parcel Donation Potato Patch Group Parcel - Map 84 To: Vail Town Council From: Environmental Sustainability Department Date: October 1, 2024 Subject: Resolution No. 44, Series of 2024, A Resolution Accepting a Donation of Real Property (Potato Patch Group LLC, parcel 2101-063-00-002). I. PURPOSE The purpose of this memorandum is to provide supporting information for Resolution No. 44, Series of 2024, for the acceptance of real property in West Vail. II. BACKGROUND The owners, The Potato Patch Group, LLC, wish to donate to the Town of Vail a 1.35-acre parcel located in West Vail on the north side of I-70. This donation and the agreed upon terms have been previously approved by the town’s Open Space Board of Trustees, which is an appointed board comprising the Town Manager, one member of the Town Council, and one member of the Planning and Environmental Commission. Property Details: • Purchased for $875,000 in 2000 by the Potato Patch Group LLC. • Currently zoned Residential Cluster • Included in the 2018 Open Lands Plan: o Action Item #11 Purpose – Purpose - Establish trail connection. § Action – Obtain trail easement. § Other Information – This 1.35 acre parcel is privately owned. The Town of Vail owns land on either side of this parcel. Easement on this parcel would provide trail design flexibility in responding to surrounding terrain. ’94 Action Plan - This parcel was Action Item #18 from the ’94 Plan • The Potato Patch Group and the Open Space Board of Trustees have agreed to the following terms: o The Town will rezone and appropriately designate the property as Designated Open Space. o The Town will not build improvements, including but not limited to, structures, foot paths, recreational paths, utility, or fixtures, within one hundred (100) feet of the western property boundary line. Note that this does not preclude a trail that is further than 100 ft. • The property is appropriate and meets criteria for Designated Open Space, which are as follows: 85 Town of Vail Page 2 The parcel must be owned (will be owned) by the Town of Vail and (following re-zoning will be) zoned Natural Area Preservation, Outdoor Recreation or Agriculture Open Space and be: Environmentally Sensitive Lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife or the Natural Heritage Program; High Hazards area including the 100 year flood plain, red avalanche hazards area, high rock fall hazard area and high debris flow hazard area; or Town of Vail parks that provide passive outdoor recreational opportunities. III. NEXT STEPS Once the donation and transfer of ownership are complete, staff will forward the recommendation of the Open Space Board of Trustees to rezone the property pursuant to Section 13.11 of the Town Charter. IV. STAFF RECOMMENDATION Staff recommends the Vail Town Council approve Resolution No. 44, Series of 2024. V. EXHIBITS A.) Resolution No. 44, Series of 2024 B.) Quit Claim Deed C.) Area Map 86 RESOLUTION NO. 44 Series of 2024 A RESOLUTION ACCEPTING A DONATION OF REAL PROPERTY WHEREAS, The Potato Patch Group LLC (“Grantor”) is the owner of certain real property in the Town of Vail, legally described in the deed attached hereto as Exhibit A and incorporated herein by this reference, and also known as also known by assessor’s parcel number 2101-063-00-002 (the “Property”); and WHEREAS, Grantor wishes to donate the Property to the Town, and the Town wishes to accept said donation. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby accepts the donation of the Property and approves the transfer of the Property in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. The Town agrees that upon acceptance of the transfer, the Town will pursue the dedication of the Property as Designated Open Space, pursuant to Section 13.11 of the Town Charter. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1st day of October, 2024. _________________________ Travis Coggin, Town Mayor ATTEST: _____________________________ Stephanie Kauffman, Town Clerk 87 8/28/2024 Kristen Bertuglia Environmental Sustainability Director, Town of Vail Via e-mail Dear Kristen, This is to confirm that the Potato Patch Group is ready to proceed with the donation of open space property to the Town Of Vail using terms significantly similar to those attached. Please let me know what the next steps are. Best, Paul Paul HoƯ Manager Potato Patch Group LLC 720 308 7879 PaulmhoƯ@gmail.com 88 (Page 1 of 2) QUITCLAIM DEED THIS DEED is dated , and is made between Potato Patch Group LLC, a Colorado limited liability company, the “Grantor”, of the County of Eagle and State of Colorado, and the Town of Vail, a municipal corporation and political subdivision duly organized and existing under and by virtue of laws of the State of Colorado, the “Grantee,” whose legal address is 75 S. Frontage Road, Vail, Colorado 81657 of the County of Eagle and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of TEN AND 00/100 DOLLARS, ($ 10.00 ), the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with any improvements thereon, located in the Town of Vail County of Eagle and State of Colorado, described as follows: A Tract of land in the Southwest Quarter of Section 6, Township 5 South, Range 80 West of the 6th P.M., more particularly described as follows: Beginning at a point on the Southeasterly boundary of that tract of land described in deed recorded in Book 126 at Page 583 from which point the Southwest corner of said Section 6 bears South 22°52' West a distance of 1,059.19 feet; thence North 62°31' East 101.94 feet along the Southeasterly boundary of the tract described in Book 126 at Page 583; thence North 57°10' East 79.0 feet along the Southeasterly boundary of the tract described in Book 126 at Page 583; thence North 16°34' East 103.3 feet along the Easterly boundary of the tract described in Book 126 at Page 583; thence North 14°54'East 228.32 feet along the Easterly boundary of the tract described in Book 126 at Page 583; thence South 34°08' East 162.45 feet; thence South 0°05' East 274.58 feet to a point; thence South 89°55' West 336.55 feet, more or less, To The True Point Of Beginning. County of Eagle, State of Colorado. also known by assessor’s schedule or parcel number: 2101-063-00-002 (the “Property”). TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and its successors and assigns, forever, subject to the matters set forth on Exhibit A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. POTATO PATCH GROUP LLC, a Colorado limited liability company ______________________, _____________________ STATE OF COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 20 , by . Witness my hand and official seal. My commission expires: Notary Public 89 (Page 2 of 2) Exhibit A Attached to and made a part of the Quitclaim Deed dated _______________ from the Potato Patch Group LLC (“Grantor”) to the Town of Vail (“Grantee”). As used herein the term “Property” means that real property described in the above referenced Quitclaim Deed. By accepting the Quitclaim Deed, Grantee accepts, and takes the Property subject to, the following covenants and restrictions: 1. Open Space. The Property shall at all times be zoned as a Natural Area Preservation District pursuant Town of Vail Ordinance Section 12-8C and further designated as Open Space pursuant to Town of Vail Charter Section 13.11. Notwithstanding such zoning, the Property shall only be used for open space purposes and shall be maintained in its natural condition without improvement whatsoever, except that subject to the terms of Section 2 below, paths permitting only bicycles, pedestrians or equines may be developed and used on the Property by Grantee and the public. 2. No Improvement Area. Notwithstanding the provisions of Section 1 above, or any provisions contained within Section 13.11 of the Town of Vail Charter, no improvements, including but not limited to, structures, foot paths, recreational paths, utility, or fixture, shall be constructed, installed, exist or be used within one hundred (100) feet of the western property boundary line of the Property adjacent to Potato Patch Club Condominiums property (the “Restricted Area”). Grantor shall actively monitor the Property and take reasonable action to prevent use of the Restricted Area by the public. 3. Binding Effect. The provisions set forth in Section 1 and 2 above shall constitute covenants and restrictions running with the Property as a burden thereon, for the benefit of, and enforceable by the Grantor, the Potato Patch Club Condominium Association, Inc., a Colorado nonprofit corporation, and the owners of each parcel of real property described in subparagraphs a. through c. below. Each and every conveyance of the Property or a portion thereof, or interest therein, for all purposes, shall be deemed to include and incorporate by this reference, the covenants and restrictions contained herein. a. Unit 12, Potato Patch Club Condominiums, Eagle County, Colorado b. Unit 13, Potato Patch Club Condominiums, Eagle County, Colorado c. Unit 15, Potato Patch Club Condominiums, Eagle County, Colorado 90 Potato Patch Group LLC Parcel DonationOctober 1, 2024 91 AGENDA ITEM NO. 4.5 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Gregg Barrie, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Contract Award to Alpine Tree Services for Spruce Beetle Mitigation Project SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Alpine Tree Services for the Spruce Beetle Mitigation Project, in an amount not to exceed $64,000.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: TC Memo Spruce Beetle Tree Removal Contract Award 10-1-24 92 To: Town Council From: Gregg Barrie, Town Landscape Architect Paul Cada, Wildland Battalion Chief Date: October 1, 2024 Subject: Contract Award – Spruce Beetle Mitigation Project I. PURPOSE The purpose of this item is to request that the Town Council approve a contract award to Alpine Tree Services for the removal of multiple spruce beetle-infested trees on Town of Vail-owned stream track property near the Grand Hyatt. II. BACKGROUND Spruce beetle is a native forest insect which has been infesting isolated portions of Eagle County for more than 10 years. The Town of Vail has been actively monitoring and managing localized spruce beetle activity since 2015. This new infestation was discovered in 2024, and removal of the trees is the best option for slowing the spread of this insect to additional trees. III. REQUEST FOR PROPOSALS As discussed by Paul Cada during the September 18 Town Council meeting, staff posted a Request for Proposals and conducted an on-site pre-bid meeting with six local arborist companies in order to solicit proposals for the removal and disposal of twenty- three (23) trees on town-owned land and three (3) trees on Grand Hyatt property. Three proposals were received. Staff recommends hiring Alpine Tree Services for the work in the amount of $64,000. Alpine Tree Services has performed numerous tree removal projects for the Town over the years and provided the lowest-cost proposal for this project. The project will be funded through the existing Tree Maintenance budget. IV. PROJECT SCHEDULE Pending contract approval, work will begin on Monday, October 7th and is expected to last 2-3 weeks. The first week will be spent dropping the trees and the next one-two weeks removing logs and debris from the area. The Gore Valley Trail will remain open during the first week but will require a detour during debris removal. Staff is working with Grand Hyatt management regarding access and impacts 93 Town of Vail Page 2 V. NEXT STEPS In 2025 the area will be monitored for additional beetle activity and if new trees are identified they will be removed as well. Due to the proximity of the site to Gore Creek preventative spraying is not a viable treatment option. Town staff has used and will continue to use antiaggregant pheromone packets for the next few years in the area to reduce future spruce beetle activity. Following the removals Environmental Sustainability staff will evaluate the area to determine suitability and best timing for any revegetation in the area. VI. ACTION REQUESTED BY COUNCIL Staff requests that the Town Council authorize the town manager to enter into an agreement with Alpine Tree Services in an amount not to exceed $64,000 for the project. 94 AGENDA ITEM NO. 4.6 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Pete Wadden, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Contract Award to Badger Inc. for Semi-Annual Maintenance of Stormwater Infrastructure SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Badger Inc. for stormwater maintenance work, not to exceed $95,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Fall Stormwater Maintenance Contract TC Memo 95 To: Town Council From: Department of Environmental Sustainability Date: October 1, 2024 Subject: Contract Award to Badger Inc. for Seasonal Stormwater Maintenance Work I. Purpose: Staff seek approval from Council to enter into a contract with Badger Inc. for maintenance of 277 gutter bins and 37 stormwater quality vaults with a not to-exceed amount of $95,000. II. Background: Vail’s stormwater treatment infrastructure requires maintenance twice per year. In September 2024, staff issued an RFP for semi-annual maintenance work to occur in October. Of the qualified firms to respond, Badger Inc. submitted the low bid. III. Action Requested of Town Council Staff requests the Town Council to authorize the Town Manager to a contract with Wright Water Engineers for the completion of a Golf Course Riparian Enhancement and Vegetation Master Plan with a not to-exceed amount of $95,000. 96 AGENDA ITEM NO. 4.7 Item Cover Page DATE:October 1, 2024 SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Special Event Sponsorship Agreement for the Tiesto Vail Concert SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Vail Valley Foundation for the Tiesto Vail Concert, in an amount not to exceed $125,000.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - 10-1-2024 Consent Agenda Tiest Concert Sponsorship 97 To:Mayor and Town Council From:Jeremy Gross, Tourism and Economic Development Department Date:10/1/2024 Subject: Council approval of special event sponsorship agreement for the Tiesto Vail concert as part of the Birds of Prey World Cup. I.Background In 2024, the Vail Valley Foundation and Beaver Creek Resort have expanded the Birds of Prey World Cup Ski event, adding Women's World Cup racing on December 14-15 following the men’s racing weekend December 6-8. While all races will take place in Beaver Creek, the Town of Vail and Vail Mountain have collaborated with the VVF to enhance the event with new elements in Vail, aimed at attracting a broader audience for early-season visitation. Building on the success of past early-season concerts at Ford Park, the team has developed a new concert event featuring Tiesto on December 13, 2024. Tiësto is a Dutch DJ and music producer known for his contributions to electronic dance music (EDM). He rose to fame in the early 2000s and has been a significant figure in the dance music scene ever since. The concert, produced by the Vail Valley Foundation in partnership with AEG, has been designed to attract new visitors to Vail during the early winter season. The Town of Vail and Vail Resorts are each contributing $125,000 to the concert through sponsorship. II.Action Requested Authorize the Town Manager to enter into an agreement with the Vail Valley Foundation, on a form approved by the Town Attorney, for the Tiesto Vail Concert in an amount not to exceed $125,000. 98 AGENDA ITEM NO. 5.1 Item Cover Page DATE:October 1, 2024 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Contract Amendment to Cumming Management Group Inc for Timber Ridge Housing Project Development Oversite (6:10pm) SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Cumming Group for the Timber Ridge Housing Development Oversight, in an amount not to exceed: $129,838.00. PRESENTER(S):Jason Dietz, Housing Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Memo on Cumming Management Group Contract 10-01-2024 99 To: Vail Town Council From: Jason Dietz, Housing Director Martha Anderson, Senior Housing Coordinator Date: October 1, 2024 Subject: Contract Amendment to Cumming Management Group, Inc. for Timber Ridge Housing Project Development Oversite 1. SUMMARY The purpose of this action item is to request Town Council’s approval to execute an agreement with Cumming Management Group, Inc. to provide development oversite and owner’s representative services with respect to the design, development, and construction of the Timber Ridge Housing project for a 26-month period starting in September 2024 through October 2026 for an amount not to exceed $129,838. 2. BACKGROUND The Town of Vail partnered with Triumph Development to build the Timber Ridge Housing project. To manage the Town’s significant investment in this project, staff communicated with Triumph regarding the desire to have a construction manager representing the Town engaged with the project team and participating in the construction and oversight of the infrastructure and podium construction of Timber Ridge. Consequently, the Vail Town Council approved the Town Manager to contract with Cumming Management Group, Inc. on February 20, 2024, to provide preconstruction management services for the Timber Ridge Housing project. Staff proposes to retain Cumming Management Group, Inc. to provide construction monitoring services to work with the Triumph team on managing costs, tracking schedules, providing progress reports and ensuring quality construction of the Timber Ridge project. Cumming Management Group, Inc. was chosen in a competitive process to support Dobson ice rink and other construction projects that were being planned in the future. The contract is for time not to exceed $129,838. Staff would propose that the Timber Ridge project pay for this cost but that the housing fund reimburse the project for this cost. 3. ACTION REQUESTED The Town Council is requested to make a motion to direct the Town Manager to execute a contract with Cumming Management Group, Inc. for an amount not to exceed $129,838 to provide construction supervision services for the Timber Ridge Housing project. 100 AMENDMENT NO. 3/TASK ORDER #3 TO MASTER SERVICES AGREEMENT This Amendment No. 3 (“Amendment”) is made September 13, 2024 to that certain Master Services Agreement between Cumming Management Group, Inc. (“Contractor”) and the Town of Vail (“Town”) entered into as of the 5th day of February 2024 (“Agreement”) for Development Oversite/Owner’s Representative Services with respect to the design, development, and construction of a project titled Timber Ridge, Vail CO (“Project”). The Master Services Agreement is modified by the following: SCOPE OF SERVICES – ATTACHMENT A This Amendment is defined in the attached Scope of Services Attachment A dated 9/13/24 and forms the basis to monitor construction through the construction phase of the Timber Ridge project. The revised Amendment breaks down as follows: 1. Requested scope to monitor development per TASK ORDER #3 scope of services $129,838 This proposal is based on the request to conduct monitoring services over a 26 month period from the execution of this Amendment through October 2026 Services will be billed on an hourly basis, as previously agreed upon in the original Agreement. This Amendment also extends all services through December 31, 2026. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this Amendment and the Agreement, or any earlier amendment, the terms of this Amendment will prevail. CUMMING MANAGEMENT GROUP, INC. TOWN OF VAIL, COLORADO By: By: Name: Name: Title: Title: ---End of “Amendment #3”--- 88 Inverness Circle East, Building G, Suite 101, Englewood, Colorado 80112 Telephone: 303.771.0396 Fax: 303.771.0398 Chris Knight Senior Director 4 101 Page 1 of 3 Please treat this proprietary information as confidential and privileged material which is intended for the sole use of the recipient. Any other use or distribution is strictly prohibited. Work Completed to Date CUMMING MANAGEMENT GROUP, INC. Attachment A - Scope of Services - Revised at Request of Town to Provide Additional Services / Includes Cost to Date Summary 2/9/2024 r8/30/24 r9/13/24 CONFIDENTIAL - TimberRidge Development Monitoring Phase 1: Preconstruction Services - Team Selection, Program, Design and Permitting. (SEE TASK ORDER #1) Assumes Phase 1 estimated duration of: 5 Was eight months, 5 months of work was completed Item Activities Participation Level Responsibilities Unit Unit of measure Quantity (Hours) Total Hours A - Predevelopment Phase 1 Services - Pre-construction Subtotal (hours) 268 Phase 1 Services - Pre-construction Subtotal ($) $ 15,210 Phase 1 Services - Pre-construction Monthly Average Cost ($/month) $ 3,042 Based on estimated duration in months of: 5 Phase 2: Construction Services Including Project Closeout (SEE TASK ORDER #2) Assumes Phase 2 estimated duration of: 26 months Item Activities Cumming Participation Responsibilities Unit Unit of measure Quantity (Hours) Total Hours F - Cost / Schedule / Quality Control 88 Budget/Cost Monitoring Active Establish Cost Control Procedures to be used by Team for the Project. Identify Accounting Process. 1 ls 4 4 89 Schedule Control Management Active Establish Schedule Control Procedures to be used by Team for the Project. 1 ls 4 4 90 Quality Control Management Limited Establish Quality Control Procedures to be used by Team for the Project. 1 ls 4 4 91 Project Audits Limited Provide pre-audits, mid-project audits and post-project audits. 0 ls 0 0 G - Construction Phase 92 Construction Supervision / Quality Assurance - Quality Control Active Project oversight. Work closely with the contractor and designers and participate in regular project meetings / review construction status on-site. 111.8 wks 2 223.6 93 Client Internal Meetings with Key Decision-makers Active Prepare for and attend meetings with the Client and key personnel to discuss key project decisions and direction. Document results of such meetings (Open Issues Log). 111.8 ea 2 223.6 94 Owner / Architect-Engineer / Contractor Coordination Meetings Active Participate in regular O/A/C meetings, coordination, tracking documentation, and overall coordination of the details for the project. 111.8 wks 2 223.6 95 Change Orders Active Review, negotiate, track and manage Change Requests and Owner Change Orders. 0 mon 0 0 96 Change Orders Not INcluded Review, negotiate, track and manage Change Requests and Owner Change Orders. mon 0 97 Financial Tracking Not Included Monthly Financial Tracking via the Budget Tracking Log and Contract Tracking Logs. Manage Client's Contingency on a monthly basis. 0 mon 0 0 98 Integrated Master Schedule Maintenance by Developer Update IMS based on project progress. Integrate owner activitites (FF&E, OFCI, OFOI). mon 0 99 Schedule Tracking Active Monthly Schedule Monitoring. Review GC's monthly schedule submission. Comparison of progress in field to actualized schedule, analysis of KPIs fo risk analysis and delay analysis with mitigation suggestions. Developer to provide schedule comparison update on monthly basis for Owner to review 26 mon 4 104 100 Financial Tracking by Developer Develop, monthly or bi-weekly, cost reports tracking project cost movements throughout course of construction mon 0 101 Monthly Draws by Developer Review GC Pencil copy and other Client invoices. Suggest revisions and review final monthly pay requests. mon 0 102 Monthly Progress Report Active Provide a monthly progress report for the Client. 26 mon 2 52 103 Contractor Lien Tracking by Developer Track Contractors monthly lien waivers. mon 0 104 Follow-up Correspondence Active Read and follow-up on correspondence, documentation, questions, and issues throughout the project. 26 mon 1 26 105 Authorities Having Jurisdiction (AHJ) Coordination Limited Meet with appropriate agencies/AHJs to determine project needs and interface throughout. We have assumed a total of TBD hours for this activity. As this effort is difficult to determine, this work shall be tracked separately and billed at actual time spent. (3) 26 ls 2 52 106 Client/Lender Reporting by Developer Support preparation of Corporate or Lender required documentation. mon 0 102 Page 2 of 3 Please treat this proprietary information as confidential and privileged material which is intended for the sole use of the recipient. Any other use or distribution is strictly prohibited. Item Activities Participation Level Responsibilities Unit Unit of measure Quantity (Hours) Total Hours 107 Final Turnover and Close-Out Active Final Close-out of Project Documentation. Includes participation in punchlist walkthrough for purposes of coordination. 1 ls 20 20 108 Lessons Learned (Construction Phase) TBD Coordinate with Client, facilitate and document lessons learned session with the project team for the construction phase of the project. 0 ls 0 0 H - Other Vendors Construction 109 Phone / Fiber by Developer Work with phone company representatives and Contractor to coordinate service to site. ls 0 110 Cable TV / Satellite by Developer Work with cable company representatives and Contractor to coordinate services to the site. ls 0 111 Low Voltage (Cabling) by Developer Coordinate with Client, vendors and Contractor on installation of low voltage cabling. ls 0 112 Power and Gas by Developer Coordinate with Client, Contractor and Power/Gas entities to install services to site. ls 0 113 Commissioning Limited quality assurance Coordinate with Client, Contractor and vendor for commissioning process during and after construction. 0 ls 0 0 114 Security & Electronics Limited quality assurance Coordinate with Client, Contractor and vendors for installation of security and access control systems onsite. 0 ls 0 0 115 Network/Technology Limited quality assurance Assist Client in coordination of installation of network and technology equipment and systems onsite. 0 ls 0 0 116 Audio Visual Limited quality assurance Coordinate with Client, Contractor and integrators for installation of A/V and Public Address systems including equipment and infrastructure onsite. 0 ls 0 0 117 Typical Fixtures, Furnishings & Equipment by Developer Assist Client and vendors with coordination of tracking, delivery and installation of FF&E, including coordination with Contractor. ls 0 118 Testing & Inspection by Developer; limited verification and record keeping Coordinate with design team and Contractor on results of Testing & Inspection reports. 1 ls 20 20 119 Accreditation / Certification Not applicable Assist Client, designers, vendors with accreditation, as required. ls 0 120 Move Management Limited Work with the Client's Staff to develop the Move Management plan. Coordinate with move vendor. Assumes Client will manage process on day of the move. (This can be provided as additional services if requested). 0 ls 0 0 121 Signage & Graphics Coordination Limited Coordinate with Client, Contractor and vendors for installation of signage and graphics onsite. 0 ls 0 0 122 Artwork Coordination Active Coordinate with Client, Contractor and vendors for installation of artwork onsite. 0 ls 0 0 123 Food Service by Developer Assist the Client in the coordination of the Food Service installation and commissioning. Assumes design is managed as a subconsultant under Designer contract and procurement is managed as a subcontractor under Contractor. ls 0 I - Other Scope To Be Determined TBD As Required by Client and Consultant ls 0 Phase 2 Services - Construction & Closeout Subtotal (hours) 957 Phase 2 Services - Construction & Closeout Subtotal ($) $ 129,838 Phase 2 Services - Construction & Closeout Monthly Average Cost ($/month) $ 4,993.77 Based on estimated duration in months of: 26 TOTAL HOURS INCLUDING CONSTRUCTION PHASE MONITORING SERVICES (SEPT 2024 TO OCTOBER 2026) 957 TOTAL PROPOSED FEE CONSTRUCTION PHASE SERVICES (TASK ORDER #3) $ 129,838 TOTAL MONTHLY AVERAGE FEE Assumes 26 Months $ 4,993.77 Proposal Notes: 1 2 3 4 Proposal assumes that services shall begin on 2/7/2024. Contract negotiations, if required, are estimated at reasonable number of hours. As this effort is difficult to determine, this work shall be tracked separately and billed at actual time spent outside of this proposal. As outside utilities and municipalities/AHJs are outside the control of the Client's Representative and Client, these costs are difficult to determine. This work is noted at reasonable time for such tasks, however, will be tracked separately and billed at actual time spent outside of this proposal. Hours allocated within each task and within each Phase are not guaranteed by line item, and represent an estimate at the time of execution of the Agreement by the parties. Please see Standard Consulting Agreement for assumed cost of services. 103 Page 3 of 3 Please treat this proprietary information as confidential and privileged material which is intended for the sole use of the recipient. Any other use or distribution is strictly prohibited. Item Activities Participation Level Responsibilities Unit Unit of measure Quantity (Hours) Total Hours Consultant Initial: Client Initial: 104 AGENDA ITEM NO. 5.2 Item Cover Page DATE:October 1, 2024 TIME:10 min. SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Eagle Valley Child Care Center Funding (6:20pm) SUGGESTED ACTION:Approve or deny the $100,000.00 funding request from the Eagle Valley Child Care Center for the Minturn Family Enrichment Center utilizing tobacco tax collections. PRESENTER(S):Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 10-01-24 EVCCA Childcare Contribution Request 105 To: From: Date: Subject: Vail Town Council Finance Department October 1, 2024 Eagle Valley Child Care Association Contribution Request I. SUMMARY As one of the Council’s strategic priorities in the Council Strategic Plan, staff has brought forward an out-of-cycle cash contribution request from Eagle Valley Child Care Association (EVCCA) for $100,000 to support the new Minturn Family Enrichment Center (MFEC), located at the School District owned property formerly known as Pooh Corner in Minturn. The total budget for this project is $435,700 and includes significant interior and exterior capital improvements, as well as pre-opening operating expenses. In addition to the town's request, EVCCA has requested funding from Eagle County ($150,960) and the Town of Minturn ($100,000); however, no formal commitments have been made. To date, EVCCA has raised $195,960 through contributions, grants, and in- kind donations. Included with this memo are the funding application, project budget, and a letter from the Executive Director of EVCCA, Sarah Foglesong. EVCCA is one of the town’s current child care partners. EVCCA operates the Vail Child Care Center (Vail’s only infant care provider) above City Market in W. Vail in addition to Miller Ranch Child Care. As a Town of Vail partner, town employees would also qualify to receive priority enrollment at the new Minturn facility. Should the Council choose to fund this, staff recommends utilizing tobacco tax funds. II. ACTION REQUESTED FROM COUNCIL Does the Council support the $100,000 funding request from ECCA for the Minturn Family Enrichment Center utilizing tobacco tax collections? 106 Eagle Valley Child Care Association September 9, 2024 Dear Members of the Town Council, I am writing on behalf of the Eagle Valley Child Care Association (EVCCA) to request $100,000 in funding from the Town of Vail to support our new Minturn Family Enrichment Center (MFEC). The total budget for this crucial project is $435,700, and we have so far successfully raised $195,960 through contributions, grants, and in-kind donations. The MFEC is a significant initiative aimed at expanding early childhood education options in our community. The center will focus on infant and toddler care, offering 8 spots for infants (ages 8 weeks to 12 months), 10 spots for young toddlers (ages 12 to 24 months), and 14 spots for older toddlers (ages 24 to 36 months). This facility is not only vital for addressing the current waitlists (we currently have over 300 infants and toddlers on ours) but will also enhance the overall quality of child care available in the region. We have secured funding commitments from several local entities, including Eagle County ($150,000), Vail Health ($30,000), Vail Valley Cares ($5,000), and the Town of Minturn (considering $100,000). Additionally, we have applied for a $50,000 capital grant from the Buell Foundation for outdoor play equipment. The MFEC will support the Town of Vail’s mission by improving access to quality, affordable child care, which aligns with the Town’s strategic plan goal of ensuring that by 2029, parents and caregivers working in Vail have access to affordable child care, ideally costing between 7 to 10% of their income. By investing in this project, the Town of Vail will help create a more vibrant, diverse community, support working families, and ultimately contribute to a stronger local economy. Thank you for considering our request. We believe that with your support, the MFEC will make a lasting impact on our community. Sincerely, Sarah Foglesong Executive Director Eagle Valley Child Care Association P.O. Box 1700, Vail, CO 81657 | Miller Ranch Child Care Center (970)926-2501 Vail Child Care Center (970)476-1615 | Fax (970)926-2028 107 2 Contact Email: sarah@eaglevalleychildcare.org Program and/or organization website: www.eaglevalleychildcare.org Number of years organization has been in business : 23 Organization Mission Statement: The mission of Eagle Valley Child Care Association is to provide high‐quality early learning programs to the children of Eagle County by: ~ Providing a developmentally appropriate, discovery‐based learning environment that meets the needs of every child’s healthy cognitive, language, motor, social and emotional development ~ Providing supportive parenting guidance to every family enrolled in our programs ~ Providing the business community with a way to assure quality care for their employees through our Business Partner program Address: PO Box 1700 Vail, CO 81658 Work Phone: (970) 476‐1615 Organization's Tax Status: 501(c)3 Please attached a copy of your organization's W9: View File What is the name of your program?: Minturn Family Enrichment Program Is this a new program?: Yes How many years has this program been produced in Vail?: Type of Funding Requested: Cash Funding Only Cash Contribution Requested: 100000 108 3 In‐Kind Contribution Requested: Did you received funding from the Town of Vail for 2024?: Yes How much funding did you receive from the Town of Vail for 2024? (Please include total funding you received from the CSE and Town Council)?: 60000 Please describe the location(s) of the program in previous years.: This will be the Minturn Family Enrichment Center's first year operating; our other programs, Vail Child Care Center and Miller Ranch Child Care Center, are located in Vail and Edwards, respectively. Please describe what the contribution will be used for. Please be as specific as possible. : The $100,000 contribution from the Town of Vail will support essential interior and exterior renovations at the Minturn Family Enrichment Center (MFEC) to meet critical health, safety, and licensing requirements. Interior renovations include completing classroom enclosures by installing room dividers, framed walls, doors, child‐sized toilets, and handwashing sinks. These improvements ensure compliance with childcare licensing regulations and enhance the facility’s functionality for infant and toddler care. Exterior renovations include upgrading outdoor play spaces, essential for earning Colorado Shines ratings and meeting health department standards. The outdoor space will be equipped with age‐appropriate, nature‐based learning equipment, ensuring safe, engaging play for 32 infants and toddlers. These renovations are critical for opening MFEC in November 2024, addressing a severe shortage of childcare for families in Eagle County, where there are currently no openings for infants and toddlers. This project directly impacts local workforce stability by supporting parents in returning to work, fostering economic stability, and improving early childhood development outcomes. How does your request support the Contribution Policy (See above)?: This funding request directly supports the Town of Vail’s mission to be a premier international mountain resort community by addressing the urgent need for high‐quality 109 4 early childhood education and care. By helping to open the Minturn Family Enrichment Center (MFEC), the Town of Vail will contribute to a vibrant and diverse economy by allowing working families to remain in the area. This is especially important for families in the tourism and service industries, which are vital to Vail’s economy. The MFEC will provide exceptional services by offering high‐ quality, licensed care for infants and toddlers, filling a significant gap in Eagle County. It will also create educational opportunities for young children, fostering early development in a safe, enriching environment with a nature‐based curriculum. In addition, the center will strengthen the local workforce by allowing parents to pursue careers and contribute to the local economy, aligning with Vail’s commitment to fostering community growth. By supporting MFEC, Vail enhances its standing as a community that values education, quality services, and family well‐being. How will your program support the mission & vision of the Vail Town Council?: This funding request aligns directly with the Town of Vail’s strategic plan goal of ensuring that by 2029, parents and caregivers working in Vail have access to affordable childcare, ideally costing between 7 to 10% of their income. The Minturn Family Enrichment Center (MFEC) will be a critical step toward achieving this goal by increasing the number of available infant and toddler childcare spots in the region. Currently, Vail’s childcare centers face overwhelming demand, with long waitlists at both the Children’s Garden of Learning and the Vail Child Care Center. The MFEC will alleviate some of this pressure by serving 32 additional infants and toddlers, directly contributing to a reduction in waitlist numbers. This is particularly beneficial for working families in Vail, many of whom rely on affordable, local childcare to remain employed in the area’s essential industries, including hospitality and tourism. In addition to increasing capacity, EVCCA is committed to keeping childcare tuition as affordable as possible through tuition assistance and collaboration with local businesses that offer childcare subsidies. This approach helps ensure that childcare remains within the affordable range defined by the Town’s strategic plan. By supporting MFEC, the Town of Vail 110 5 will take a proactive role in solving the childcare crisis and make significant progress toward the 2029 goal of reducing waitlists and ensuring access to affordable care for local families. How will your program attract target markets of both visitors and community members?: The Minturn Family Enrichment Center (MFEC) will attract both community members and enhance the visitor experience by providing essential support to the local workforce, particularly hospitality and service employees who are critical to Vail’s tourism‐driven economy. By offering high‐quality, affordable childcare to families who live and work in the area, MFEC will enable parents to be fully present and focused in their jobs, knowing their children are safe, nurtured, and engaged in enriching, nature‐based learning environments. This directly benefits visitors, as the availability of reliable childcare ensures that hospitality staff can maintain Vail's high standards of service, contributing to an exceptional guest experience. When staff members are free from the stress of long waitlists or lack of affordable care, they are better equipped to deliver the kind of world‐class service that Vail is known for, enhancing the overall appeal of the destination. By supporting the local workforce in this way, MFEC plays a vital role in ensuring that Vail remains a top‐tier international mountain resort community. How will your program deliver fresh content (new programming, additional days/activities, ect.)?: The Minturn Family Enrichment Center (MFEC) will deliver fresh content through innovative, nature‐based programming that evolves with the seasons and aligns with the developmental needs of young children. The center will offer dynamic, outdoor‐focused curricula designed to engage children in hands‐on learning, including gardening, environmental exploration, and outdoor play in the surrounding natural environment. MFEC will introduce new seasonal activities and educational themes, such as winter snow‐based exploration and springtime gardening, ensuring that children benefit from a varied and enriched learning experience throughout the year. Additionally, the center will include a family resource room, which will provide space for EVCCA to host family education nights and offer access to local family support resources. This resource room will serve as a hub for strengthening the connection between the center and the community, helping 111 6 families gain valuable insights into child development, parenting strategies, and available support services. How will your program achieve recognition and drive participation?: The Minturn Family Enrichment Center (MFEC) will achieve recognition and drive participation by offering high‐quality, nature‐based early childhood education and leveraging EVCCA’s established reputation within the community. The center will apply for a Colorado Shines rating within its first year of operation, demonstrating its commitment to providing excellent care and educational standards. MFEC’s unique focus on outdoor learning and environmental education will set it apart from other childcare providers, attracting families seeking innovative, enriching programs. The center will use digital marketing, social media campaigns, and community outreach to promote its offerings, highlighting its skilled educators and safe, nurturing environment. By tapping into EVCCA’s strong relationships with local businesses and community partners, MFEC will drive participation among working families in Eagle County. Word‐ of‐mouth referrals from satisfied families will further boost recognition. Additionally, the inclusion of a family resource room for educational events and access to family support services will strengthen community ties and encourage ongoing involvement. What is the lasting community involvement and or benefit of this program?: The lasting community involvement and benefit of the Minturn Family Enrichment Center (MFEC) stem from its commitment to supporting working families and enhancing the local workforce. By providing high‐quality, affordable childcare, MFEC enables parents, especially those in essential industries like hospitality and tourism, to remain engaged in their jobs knowing their children are in a safe, nurturing environment. Over time, the center will help reduce the strain on local childcare resources, contributing to lower waitlist numbers and alleviating the burden on other facilities in the area. This will help create a more stable and resilient community, allowing families to live and work in Eagle County without facing the childcare shortages that have historically limited options for local parents. The center’s family resource room will foster ongoing 112 7 community engagement, providing a space for educational events and access to local support services. MFEC will also cultivate environmental stewardship through nature‐based programs, instilling a lifelong appreciation for the outdoors in both children and families. This will strengthen the local culture of sustainability and community involvement for generations. Are your books audited?: No Please upload program/organization budget: View File Who currently funds your organization? : The majority of EVCCA's funding comes from tuition paid by families. EVCCA also receives grants and/or contributions from Eagle County, the Town of Vail, Vail Health, Eagle River Water and Sanitation District, the Buell Foundation, Colorado Department of Early Childhood, Vail Valley Cares, and the Yampa Valley Community Foundation. The exact make‐up and total contributions from these sources varies from year to year, and generally makes up around 20% of EVCCA's total budget. What percentage % of the total event budget is being requested? : 22 If the program is not funded at the full request, how will it change with a lower funding allocation?: If the program does not receive the full funding request, EVCCA will need to adjust its plans to focus on the most critical aspects of the renovation. With a lower allocation, priorities will shift towards addressing basic indoor health, safety, and licensing requirements. This may involve opting for more cost‐effective solutions, such as DIY enclosures for current lighting fixtures instead of installing new fixtures. The scope of outdoor renovations will also be scaled back. Immediate improvements will be limited to essential updates to meet safety and health standards, with more comprehensive, nature‐based enhancements postponed. The goal will be to secure additional funding through future fundraising efforts to complete the outdoor play areas as envisioned. While these adjustments will ensure that the Minturn Family Enrichment Center can open and operate safely, the delay in 113 8 full outdoor renovations will affect the center's ability to offer the full nature‐based learning experience initially planned. Should the Council decide not to support this program at all, will it still occur?: No What is the dollar $ amount of sponsorships and/or partnerships from other sources reflected in the program budget?: 194960 What is the dollar $ amount of in‐ kind services or items provided from sponsors or partners?: 10000 Please list your confirmed sponsors or partners: Vail Health, Eagle County, Base Mountain Contracting, Vail Valley Cares Please explain the potential for additional sponsorships or partners.: The potential for additional sponsorships or partnerships remains promising. The Town of Minturn is actively considering a contribution similar to the Town of Vail's request, which could provide additional financial support for the Minturn Family Enrichment Center. This potential funding could help cover remaining costs associated with both indoor and outdoor renovations. Additionally, EVCCA has applied for a capital improvements grant from the Buell Foundation, which, if awarded, will specifically support the acquisition of outdoor play equipment. This grant would enhance the center's ability to create a well‐equipped, nature‐based outdoor learning environment. These efforts, combined with ongoing outreach to other potential sponsors and partners, could further bolster the funding needed to complete the project and ensure the center's long‐term success. Engaging with local businesses, philanthropic organizations, and community leaders will be key to securing additional support and building a strong network of contributors invested in the center's mission. Are there any other things you'd like to share with Council and staff 1. Community Impact Beyond Childcare ‐ The Minturn Family Enrichment Center (MFEC) will: 114 9 that are not included in the application?: ~ Support Local Economy: Reliable childcare will stabilize the workforce, benefiting key sectors like hospitality. ~ Enhance Family Well‐Being: Providing a safe environment for children will reduce parental stress and improve productivity. ~ Strengthen Community Ties: The family resource room will host educational events and connect families with local resources. 2. Sustainability and Community Engagement ‐ MFEC’s sustainability includes: ~ Diverse Funding: Funding from sources like the Town of Vail and other grants ensures ongoing support. ~ Quality Assurance: A Colorado Shines rating will validate high standards in early childhood education. ~ Active Community Involvement: The family resource room will offer educational opportunities and support. 3. Broader Partnerships ‐ Town of Vail’s support will: ~ Boost Credibility: Enhance EVCCA’s profile and attract additional sponsors. ~ Strengthen Collaboration: Aid in securing contributions from the Town of Minturn and other grant applications. Organization rosters naming all officers, board of directors and respective positions as relevant. : View File If you received Council funding in 2024, please upload a document recapping the use of prior year Council funds.: View File Upload any other relevent materials such as photos, videos, articles, PR coverage, ect.: View File Copyright © 2024 Formstack, LLC. All rights reserved. This is a customer service email. Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 115 Minturn Family Enrichment Center Project Budget Planned Revenue Donations $2,000.00 Fundraisers $500.00 Eagle County Contribution $150,960.00 Town of Vail Contribution $100,000.00 Town of Minturn Contribution $100,000.00 Vail Health Business Partner Contribution $30,000.00 Buell Foundation Grant $50,000.00 Vail Valley Cares $5,000.00 Base Mountain Contracting In-Kind $10,000.00 Total Planned Revenue $448,460.00 Expenses Pre-Opening Personnel Expenses Administration $5,000.00 Regular Hourly $54,125.00 Staff Recruitment $5,000.00 Payroll Taxes $7,695.00 Worker's Comp Insurance $3,000.00 Total Pre-opening Personell Expenses $74,820.00 Interior Capitol Improvements Overall Center $79,490.00 Infant Room $12,500.00 Toddler Room 1 $6,000.00 Toddler Room 2 $8,800.00 Family Resource Room $8,350.00 Total Interior Capitol Improvements $115,140.00 Exterior Capitol Improvements Entry Area $3,900.00 Playgrounds $148,200.00 Parking Area $10,000.00 Learning Garden $7,500.00 Total Exterior Capitol Improvements $169,600.00 Supplies and Equipment Operating $2,500.00 Cleaning Supplies $600.00 Educational Equipment $10,000.00 Total Supplies & Equipment $13,100.00 Purchased Services Licenses & Fees $1,290.00 Telephone & Internet $850.00 Rent/Utilities $9,540.00 Liability Insurance $3,000.00 Subscriptions (Curriculum & Assessment)$4,850.00 Cleaning Services $1,500.00 Total Purchased Services $21,030.00 Staff Support Staff Development $1,890.00 Staff Appreciation $500.00 Total Staff Support $2,390.00 Contingency 10% Contingency $39,608.00 Total Planned Expenses $435,688.00 Surplus (Deficit)$12,772.00 116 AGENDA ITEM NO. 5.3 Item Cover Page DATE:October 1, 2024 TIME:5 min. SUBMITTED BY:Mark Novak, Fire Department ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Permission to Apply for Colorado Forest Restoration and Wildfire Mitigation Grant SUGGESTED ACTION:Approve request to apply for Colorado Forest Restoration and Wildfire Mitigation Grant. PRESENTER(S):Chief Mark Novak, Vail Fire Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: TC Memo CSFS FRWRM Grant Application 09252024 117 To:Town Council From: Paul Cada, Wildland Battalion Chief Date: September 25,2024 Subject: Colorado Forest Restoration and Wildfire Risk Mitigation Grant Application I.Purpose: The purpose of this memo is to provide Council with information about and seek support for an application for the current round of Forest Restoration and Wildfire Risk Mitigation grant funds. II.Background The Colorado State Forest Service is currently accepting applications for the latest round of the Forest Restoration and Wildfire Risk (FRWRM) Grant Program. The latest round of FRWRM funding is seeking to provide $7.2 million in matching grant funds to communities across Colorado to fund project that “strategically reduce wildfire risk to property, infrastructure and water supplies and that promote forest health through scientifically based forestry practices.” Applications for the 2024 funding are due by October 10 th, 2024, with awards being made in the spring of 2025. III.Current Situation For more than 5 year the Town of Vail and the White River National Forest have been actively engaged in a partnership to implement landscape scale fuels treatments in the Booth Creek area of our community. In 2023 the USFS signed a record of decision authorizing the treatment of up to 3000 acres of National Forest System Lands for the reduction of wildfire hazard. In cooperation Vail Fire and Emergency Services has been working diligently on planning and implementing complementary fuels reduction work on adjoining Town of Vail and privately held land. Since the signing of the record of decision staff from USFS and VFES have been working to secure funding to implement the Booth Creek project and establishing partnership agreements. To date the USFS has committed $125k towards project implementation. After reviewing the request for applications for the FRWRM Grant Program VFES staff have identified a cross-boundary portion of the larger Booth Creek Fuels Project that would make for a competitive grant application. VFES has identified a total of 53 acres (31 TOV, 22 USFS) of project area which are ready to treat. At a projected treatment cost of $3,500 per acre the total anticipated treatment cost is $185,500. The grant will require a TOV match of $93,000 which has been included in the 2025 RETT budget request. IV.Next Steps Vail Fire and Emergency Services seeks councils’ permission to apply on behalf of the Town of Vail for the 2024 Colorado Forest Restoration and Wildfire Risk Mitigation Grant Program. 118 AGENDA ITEM NO. 5.4 Item Cover Page DATE:October 1, 2024 TIME:30 min. SUBMITTED BY:Stephanie Bibbens, Community Development ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Ordinance No. 13, Series of 2024, First Reading, An Ordinance of the Town Council of the Town of Vail, Colorado, Adopting by Reference the 2023 Edition of the National Electrical Code and the 2024 Editions of the International Building Code, the International Residential Code, the International Fire Code, the International Energy Conservation Code, the International Plumbing Code, the International Fuel Gas Code, the International Mechanical Code and the International Existing Building Code, with Amendments, and Setting Forth Penalties for Violations Thereof (6:35pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No.13, Series of 2024 upon first reading. PRESENTER(S):Daniel Brown, Chief Building Official and Deputy Chief Ryan Ocepek, Vail Fire Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: TC Memo Code Adoption Evening Session_Final_9-26-24 Ordinance 13 Series 2024 Codes by Reference-O092624 Final _9_27_24 119 To:Town Council From:Town of Vail Building Department and Vail Fire & Emergency Services Date:October 1, 2024 Subject:Ordinance 13, Series of 2024 – Title 10 Building & Fire Codes Adoption I.PURPOSE The purpose of this memorandum is to provide information to the Vail Town Council regarding repealing and reenacting Title 10, Chapter 1 of the Vail Municipal Code through the adoption of the latest editions of the building and fire codes as amended and recommended by staff and the Building and Fire Code Appeals Board (BFCAB). Along with Town staff, the members of the BFCAB making this recommendation are: Mark J. Mueller, PE (Chair) Structural Engineer Kathy Langenwalter, RA (Vice-chair) Architect Rollie Kjesbo General Contractor Steve Loftus Contractor/Engineer Mark Hallenbeck General Contractor Gerry Meremonte, RA Architect Brandon Chalk, PE Mechanical Engineer To ensure the health, safety, and general welfare of the public and promote the coordinated development of the Town in a manner that conserves and enhances its natural environment and established character as a premier resort and residential community, there is a need to maintain an updated set of building codes. The comprehensive set of codes proposed establishes minimum regulations for the design and construction of building systems through requirements that emphasize performance. II.BACKGROUND The series of building and fire codes are updated on a three-year cycle after an extensive, 3-step code development process in which all interested and affected parties may participate. This allows the codes to stay current with continually changing laws, practices, and technology affecting the construction industry. 120 Town of Vail 2 III.CURRENT SITUATION The current adopted Vail Town Code and its amendments follow the 2021 International Building and Fire Codes, which was adopted in May of 2022. The new 2024 International Building and Fire Codes were published at the beginning of the year. Since the beginning of the year, the BFCAB has held public meetings to compare the previously adopted building and fire codes and current amendments to the newly published 2024 building and fire codes. As noted during the reviews, minor changes have been made to the codes, along with housekeeping items such as searchability, clarity, added definitions, and changes to layouts. No major changes in codes were identified. On September 3, 2024, the BFCAB unanimously approved Ordinance No. 13, Series of 2024, for consideration by the Town Council. Town of Vail staff also support this recommendation. IV.STAFF RECOMMENDATION The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2024 upon first reading. If approved, the effective adoption date of the code updates shall be January 1, 2025. This will allow for a code-update training session for members of the building and construction community prior to implementation V.ATTACHMENTS Ordinance No. 13. Series of 2024 121 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX ORDINANCE NO. 13 SERIES 2024 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, ADOPTING BY REFERENCE THE 2023 EDITION OF THE NATIONAL ELECTRICAL CODE AND THE 2024 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL ENERGY CONSERVATION CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL MECHANICAL CODE AND THE INTERNATIONAL EXISTING BUILDING CODE, WITH AMENDMENTS, AND SETTING FORTH PENALTIES FOR VIOLATIONS THEREOF WHEREAS, the Town Council finds it necessary to adopt minimum standards to safeguard the health, property, and welfare of the citizens of the Town by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Chapter 1 of Title 10 of the Vail Town Code is hereby repealed and reenacted to read as follows: § 10-1-1. CODES ADOPTED BY REFERENCE. (A)The following codes are hereby adopted by reference, as amended: (1)The International Building Code, 2024 edition, including Appendices B, E, G, J, K and O. (2)The International Residential Code, 2024 edition, Chapters 10, including Appendices BE, BO and AA. (3)The International Fire Code, 2024 edition, including Appendices A, B, C, D, E, G, H, I, J and N. (4)The International Energy Conservation Code, 2024 edition, including Appendices CA and RA. (5)The International Plumbing Code, 2024 edition, including Appendices C and F. (6)The International Fuel Gas Code, 2024 edition, including Appendix E. (7)The International Mechanical Code, 2024 edition, including Appendix C. (8)The International Existing Building Code, 2024 edition, including Appendix D. 122 2 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX (9)The National Electrical Code, 2023 edition. (10)The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition. (B)All International Codes are published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478, except the National Electrical Code is published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269 and the Uniform Code for the Abatement of Dangerous Buildings is published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298. (C)Copies shall be available for inspection at the office of the Town Clerk during regular business hours and can be viewed online at www.iccsafe.org and www.vailgov.com. § 10-1-2. AMENDMENTS TO THE INTERNATIONAL BUILDING CODE. The following amendments are hereby made to the International Building Code: Section 101.1: Section 101.1 is amended to read as follows: "101.1: Title. These regulations shall be known as the Vail Building Code." Section 101.4: Section 101.4 is amended to read as follows: "101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted." Section 103.1: Section 103.1 is amended to read as follows: "103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code." Section 105.2: Section 105.2 is amended to include the following: "14. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point and are not part of a means of egress or accessible route." Section 110.3.10: Section 110.3.10 is amended to read as follows: "110.3.10 Other inspections. In addition to the inspections specified in Sections 110.3.1-110.3.9, the building official may make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation." Section 202: Section 202 is amended by the addition of the following definitions: ACCESSORY STRUCTURE. A structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. 123 3 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX FIRE CODE OFFICIAL. The Fire Code Official or designee. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a structure to safeguard against the spread of fire within a structure and the spread of fire to or from structures to the wildland-urban interface area. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of embers and small flames, as prescribed in Chapter 7A. IGNITION-RESISTANT CONSTRUCTION. As described in Section 7A06. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). NONCOMBUSTIBLE. A material that, in the form in which it is used, is either: 1. Material of which no part will ignite and burn when subjected to fire (any material conforming to ASTM E136 shall be considered noncombustible); or 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. 'Noncombustible' does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1 above. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa or hot tub and secured in place after all bathers are absent from the water. SFM. Refers to the California State Fire Marshal's office. UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above. WILDLAND-URBAN INTERFACE AREA. That geographical area, as depicted and defined in the Community Wildfire Protection Plan, where 124 4 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX structures and other human development meets or intermingles with wildland or vegetative fuels." Chapter 7A: Chapter 7A is added to read as follows: "CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION Section 7A01 Scope: 7A01.1 General. This Chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises into or within the wildland-urban interface areas of the Town. Exceptions: 1.. Repair or replacement of less than 25% of a deck surface or structure. 2. Repair or replacement of less than 25% of the exterior siding of a structure. 3. Accessory structures not exceeding 120 sq/ft in floor area where located not less than 30 feet from buildings containing habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. 7A01.2 Objective. Because the unrestricted use of property in wildland- urban interface areas is a potential threat to life and property from fire and resulting erosion, the objective of this Chapter is to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection, and to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. This Chapter supplements the Town's codes to provide for special regulations to mitigate fire and life-safety hazards in the wildland-urban interface areas. 7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with the requirements of this Chapter; provided that the addition or alteration conforms to that required for a new building or structure. Section 7A02 Applicability: 7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this Chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply. 7A02.2 Existing conditions. The legal occupancy or use of any building, structure or condition existing on the date of adoption of this Chapter shall 125 5 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX be permitted to continue without change, except as is specifically covered in the International Fire Code. Section 7A03 Compliance Alternatives: 7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out the provisions of this Chapter, the building official or fire code official are authorized to grant modifications for individual cases upon application, in writing, by the owner or owner's authorized agent. The building official or fire code official shall first find that a special individual reason makes enforcement of the provisions of this Chapter impractical, that the modification is in conformance to the intent and purpose of this Chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. 7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the building official or fire code official, the building official or fire code official are authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and shall analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. 7A03.3 Alternative materials or methods. The provisions of this Chapter are not intended to prevent the installation of any material or to prohibit any design or method not specifically prescribed by this Chapter, provided that any such alternative has been approved. An alternative material, design or method shall be approved where the building official in concurrence with the fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability and safety.If an alternative material, design or method is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. Section 7A04 Special Construction Regulations: 7A04.1 General. Structures shall be constructed in accordance with this Section, unless previously exempted in Section 7A01.1. 126 6 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1- hour fire-resistance-rated construction, the fire-resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263. Exceptions: 1. The fire-resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721. 2. The fire-resistance rating of building elements, components or assemblies based on the calculation procedures in accordance with Section 722. Section 7A05 Ignition-Resistant Material. 7A05.1 General. Structures hereafter constructed, modified or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with ignition-resistant construction in accordance with Section 7A06. Materials required to be ignition-resistant materials shall comply with the requirements of Section 7A05.2. 7A05.2 Ignition-resistant building material. Ignition-resistant building material shall comply with any one or more of the following: 1. Material shall be tested on all sides with the extended ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following: 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30-minute test. 1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10.5 feet (3,200 mm) beyond the centerline of the burner at any time during the extended 30-minute test. 1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use: 1.3.1. Method A "Test Method for Accelerated Weathering of Fire- Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant-treated wood, wood- plastic composite and plastic lumber materials. 1.3.2. ASTM D 7032 for wood-plastic composite materials. 1.3.3. ASTM D 6662 for plastic lumber materials. 127 7 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 1.4.Identification. Materials shall bear identification showing fire test results. Exception: Materials composed of a combustible core and a noncombustible exterior covering, made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap. 2. Noncombustible material. Material that complies with the requirements for noncombustible materials. 3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 4. Materials meeting the following standards of quality. 4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration. 4.2. SFM Standard 12-7A-3, Horizontal Projection Underside.A fire resistance test standard consisting of a 300 kW intensity direct flame exposure for a 10-minute duration. 4.3. SFM Standard 12-7A-4, Decking. A 2-part test consisting of a heat release rate (Part A) deck assembly combustion test with an under deck exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2 lb (1 kg) burning "Class A" size 12" x 12" x 2.25" (300 mm x 300 mm x 57 mm) roof test brand. 4.4. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under-deck exposure of 80 kW intensity direct flame for a 3-minute duration. 4.5. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30-minute ASTM E84 or UL 723 test method as is used for fire- retardant-treated wood. 5. Exterior Windows. Dual or triple pane windows that meet the requirements of the International Energy Conservation Code. Section 7A06 Ignition-Resistant Construction: 7A06.1 General. Ignition-resistant construction shall be in accordance with Sections 7A06.2 through 7A06.11. 7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of this Code, as amended. 128 8 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion- resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment consisting of one layer of 72-pound (32.4 kg) mineral- surfaced, non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the exposed underside by ignition-resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction, 2-inch (51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire- retardant-treated lumber or ¾ inch (19.1 mm) nominal fire-retardant- treated plywood, identified for exterior use and meeting the requirements of Section 2303.2. Fascias are required and shall be protected on the backside by ignition- resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber. 7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 7A06.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing: 1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Ignition-resistant building materials complying with Section 7A05.2 on the exterior side. All exterior walls shall have a minimum of 6 vertical inches of noncombustible material, measured from the ground (at grade) or the nearest horizontal surface. Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more than 33% of a given wall and shall not be within 5 feet of finished grade. Combustible siding with a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. 7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5. Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated 129 9 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX construction or heavy timber construction or fire-retardant-treated wood, if labeled for exterior use and meeting the requirements of Section 2303.2. 7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials. 2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 3. Ignition-resistant building materials in accordance with Section 7A05.2. 4. Decks or porches (or portions of the decks or porches) 4 feet or less above the ground shall have the underdeck area enclosed to reduce the accumulation of debris using one of the following methods: a. Install noncombustible, corrosion-resistant mesh material with openings not to exceed 1/8 inch around the outer edge of the deck from the walking surface to the ground to prevent ember intrusion. Material (e.g., lattice) installed over the mesh, shall be noncombustible; or b. Fully enclose with a noncombustible wall covering/cladding. 7A06.8 Exterior doors. Exterior doors shall be constructed of approved noncombustible materials, standard solid core wood not less than 1.75 inches thick (44 mm) or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible. Exception: Vehicle access doors. 7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be covered with noncombustible corrosion-resistant materials with openings not to exceed ¼ inch (6.4 mm) or perforated noncombustible materials with perforations not to exceed ¼ inch (6.4 mm) or shall be designed and approved to prevent flame or ember penetration into the structure. 7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner 2/3 of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3,048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15,240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The 130 10 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.10.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10%, the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6. Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy- timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used, shall be provided with a spark arrester. Spark arresters shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch (12.7 mm)." Section 1505.1: Section 1505.1 is amended to read as follows: "1505.1 General. All roof coverings shall be Class A. Wood shakes and shingles are not permitted unless exempted for replacement or repair as defined in Section 1501.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610." Section 1505.1.1: Section 1505.1.1 is added to read as follows: "Replacement or Repair.Each structure with a nonconforming roof covering or roof assembly shall be allowed 1 replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. For purposes of this section, a 2-family dwelling shall be considered 2 separate structures. Emergency repairs of less than 10 sq/ft shall not be subject to the 25%) rule." Table 1505.1 is deleted. Sections 1505.3, 1505.4, 1505.5, 1505.6 and 1505.7 are deleted. Section 1507.1.2: Section 1507.1.2 is amended to read as follows: "1507.1.2 Ice barriers. Ice barriers shall be installed for shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist 131 11 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX of not less than 2 layers of underlayment cemented together, or a self- adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area." Sections 1507.8 and 1579.9 are deleted. Section 1511.7.6: Section 1511.7.6 is added to read as follows: "1511.7.6 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings, areas directly above or in front of utility meters and/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface." Section 1603.2: Section 1603.2 is added to read as follows: "1603.2 Boulder and rock walls. Boulder or rock walls with a height of greater than 48 inches shall be designed by a registered design professional and shall comply with Section 1603.1." Section 1604.1.1: Section 1604.1.1 is added to read as follows: "1604.1.1 Hazard areas. All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazard areas shall comply with Title 12, Chapter 21 of the Vail Town Code." Section 1608.Design snow loads shall be determined in accordance with Chapter 7 of ASCE7, and design roof loads shall be not less than that determined by Section 1608.2. Section 1608.2: Section 1608.2 is amended to read as follows: "1608.2 Ground and roof snow loads. The ground snow loads to be used in determining the design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs." Section 1612.3: Section 1612.3 is amended to read as follows: "1612.3 Establishment of flood hazard areas. The Town has adopted a flood hazard map including areas of special flood hazard as identified by FEMA in the 132 12 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX report entitled 'The Flood Insurance Study for The Town of Vail' dated December 2007, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data. The flood hazard map and supporting data are hereby adopted by reference." Section 2111.1: Section 2111.1 is amended to read as follows: "2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the Vail Town Code." Section 2902.2: Section 2902.2 is amended to read as follows: "2902.2 Separate facilities. Separate facilities are not required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or fewer." Section 2902.2: Exception 4 is deleted. Section 3107.1: Section 3107.1 is amended to read as follows: "3107.1 General.Signs shall be designed, constructed and maintained in accordance with this code and Title 11 of the Vail Town Code." Section 3109: Section 3109 is amended to read as follows: "Section 3109 Swimming Pool Enclosures and Safety Devices. 3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the requirements of Sections 3109.2 through 3109.5, other applicable sections of this code, and the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division standard 5 CCR 1003-5. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall be exempt from Sections 3109.2-3109.6. 3109.2 Public and semi-public swimming pools. Public and semi-public swimming pools shall be completely enclosed by a fence not less than 60 inches (1,524 mm) in height and shall with Sections 3109.4 through 3109.6. 3109.4 Private swimming pools. Private swimming pools shall be completely enclosed by a barrier not less than 48 inches (1,524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.4 Barriers. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). 133 13 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 3109.4.1 Openings. Openings in the barrier shall not allow passage of a 4- inch-diameter (102 mm) sphere. 3109.4.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints. 3109.4.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width. 3109.4.4 Widely spaced horizontal members.Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width. 3109.4.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2.25-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1.75 inches (44 mm). 3109.4.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1.75 inches (44 mm). 3109.4.7 Clear zone. Where any equipment, including pool equipment, are on the same lot as a pool or spa and such equipment is located outside of the barrier protecting the pool or spa, such equipment shall be located not less than 36 inches (914 mm) from the outside of the barrier. 3109.4.8 Doors and gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self- latching device. If the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.9 Structure wall as a barrier. Where a wall of a structure serves as part of the barrier, one of the following shall apply: 134 14 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 1. Doors, gates and operable windows with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be accessible units, Type A units or Type B units, the alarm deactivation switch shall be located not higher than 54 inches (1,372 mm) and not less than 48 inches (1,219 mm) above the finished floor. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1,372 mm) and not less than 48 inches (1,219 mm) above the finished floor. 2. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas. 3. An approved means of protection, such as self-closing doors with self- latching devices, that provides a degree of protection that is not less than the protection afforded by Item 1 or 2. 3109.4.10 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1-3109.4.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. 3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.9. 3109.6 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. 3109.7 Entrapment avoidance.Suction outlets shall be designed and installed in accordance with ANSI/APSP-7." § 10-1-3. AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. The following amendments are hereby made to the International Residential Code: Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Vail Residential Code." Section R105.2: Section R105.2, Item 10 in the building portion, is amended to read as follows: "10. Decks not exceeding 200 sq/ft (18.6 m 2) in area, not more than 30 inches (762 mm) above grade at any point, and not serving the exit door required by Section R311.4." 135 15 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX Section R109.1.5: Section R109.1.5 is amended to read as follows: "R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation." Table R301.2: Table R301.2 is amended to read as follows: CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORYf SUBJECT TO DAMAGE FROM ICE BARRIER UNDER- LAMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj Speed (mph)d Topo- graphical effectsk Special wind regionl Wind- borne debris zonem Weatheringa Frost line deptb Termitec 140 115 NO NO NO B SEVERE 48"None to Slight YES, 100%-2500 37.4% MANUAL J DESIGN CRITERIAn Elevation Altitude correction factore Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry-bulb temperature Outdoor winter design dry-bulb temperature Heating temperature difference 8150'.745 54º30%70º-5º75º Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature difference 39.64ºN H 50%-33 to -53 75º82º7º Section R301.2.3: Section R301.2.3 is amended to read as follows: "R301.2.3 Ground and roof snow loads. The ground snow loads to be used in determining design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry 80 pounds per sq/ft. All buildings and structures shall be designed in accordance with accepted engineering practice. Snow loads for decks and exterior balconies shall be as required for roofs." Section R309.1: Section R309.1 is amended to read as follows: "Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a townhouse unit that is 3,600 sq/ft or greater, including attached garages or when additional sq/ft is added to a townhouse that would increase the total floor area of an individual townhouse unit to 3,600 sq/ft or greater. Existing townhouses that are 3,600 sq/ft or more may add up to 100 sq/ft of floor 136 16 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX area without triggering the sprinkler retrofit requirement. This exemption may only be taken once and does not include a detached garage." Section R309.1.1: Section R309.1.1 is amended to read as follows: "R309.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services fire sprinkler installation standards." Section R309.2: R309.2 is amended to read as follows: "Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a 1- or 2-family dwelling that is 3,600 sq/ft or greater, including attached garages or when additional sq/ft is added to a 1- or 2-family dwelling that would increase the total floor area of an individual 1- or 2-family dwelling unit to 3,600 sq/ft or greater.Existing 1- or 2-family dwellings of 3,600 sq/ft or greater may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once. This does not include a detached garage. For purposes of this Section, a 2-family dwelling shall be considered 2 separate structures." Section R309.2.1: Section R309.2.1 is amended to read as follows: "R309.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D, NFPA 13R and NFPA 13 standards and Vail Fire and Emergency Services fire sprinkler installation standards." Section R311.2: Section R311.2 is amended to read as follows: "R311.2.1 Where required. Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." Section R311.2.1: Section R311.2.1 is amended to read as follows: "R311.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." Section R311.3: Section R311.3 is amended with the addition of the following text: "In addition to the above locations, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45- 101 and Vail Fire and Emergency Services alarm installation standards." Section R311.7: Section R311.7 is amended to read as follows: "R311.7 Carbon monoxide detection systems. Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards." 137 17 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX Section R311.7.2: Section R311.7.2 is amended to read as follows: "R311.7.2 Location. Carbon monoxide detectors shall be installed in accordance with Section R315.3." Section R318.7.12: Section R318.7.12 is amended to read as follows: "Exception: Alternating tread devices are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom." Section R318.13: Section R318.13 is amended to read as follows: "Exception: Ships ladders are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom." Section R328.1: Section R328.1 is amended to read as follows: "R328.1 General. The design and construction of pools and spas shall comply with Section 3109 of the Vail Building Code." Section R331.2: Section R331.2 is amended to read as follows: "R 331.2 Installation. The installation of stationary engine generators shall be in an approved location and in accordance with the listing, the manufacturer's installation instructions and NFPA 70." Section R507.2.4.1: Section R507.2.4.1 is amended by the addition of the following exception: "Exception: An approved flashing detail in accordance with Section R507.2.4.1 that prevents moisture and water accumulation on member surfaces and joints may be utilized in-lieu of preservative-treated materials." Section R902.1: Section R902.1 is amended to read as follows: "R902.1 Roofing assemblies. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined below. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking." Section R902.1.1: Section R902.1 is added to read as follows: "R902.1 Replacement or Repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed 1 replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering, or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule. 138 18 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX For purposes of this section, a 2-family dwelling shall be considered 2 separate structures. Exception: Metal and concrete roofing systems." Section R902.2 is deleted. Section R903.5: Section R903.5 is added to read as follows: "R903.5 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto areas directly above or in front of utility meters and adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface." Section R905.1.2: Section R905.1.2 is amended to read as follows: "R905.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than 2 layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area." Sections R905.7 and R905.8 are deleted. Section R1001.1: Section R1001.1 is amended to read as follows: "R1001.1 General. Masonry fireplaces shall be constructed in accordance with this Section, the applicable provisions of Chapters 3 and 4 of this code, and with Title 5, Chapter 3 of the Vail Town Code." Chapters 11-43 are deleted and replaced with the corresponding provisions of International Codes and National Electric Code. § 10-1-4. AMENDMENTS TO THE INTERNATIONAL FIRE CODE. The following amendments are hereby made to the International Fire Code: Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the 'Vail Fire Code'." Section 202: The following definitions are amended to read as follows: FALSE ALARM. See Title 4 of the Vail Town Code. FIREWORKS. Any combustible or explosive composition, article, device, substance or combination of substances, prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including without limitation the following articles and devices commonly known and used as fireworks: sparklers, cold sparks, toy cannons or toy canes in which explosives are used to propel the same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, daygo 139 19 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX bombs, torches, bottle rockets, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or device containing any explosive substances; and any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.3G fireworks or 1.4G fireworks. PORTABLE OUTDOOR FIREPLACE.A portable, outdoor, solid-fuel burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material and equipped with a screen or other approved spark arrestor, of open design or equipped with a small hearth opening and a short chimney or chimney opening in the top. Section 307.1.1: Section 307.1.1 is amended to read as follows: "307.1.1 Prohibited open burning. The following burning activities are prohibited: 1. Open burning. 2. Bonfires. 3. Recreational fires. 4. The burning of any materials when a National Weather Service Red Flag Warning is activated. 5. The burning of any materials when Stage 2 or 3 fire restrictions are in place. 6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in place. Exceptions: 1. Burning conducted for training purposes by Vail Fire and Emergency Services. 2. If the burning is a smokeless flare or safety flare used to indicate danger to the public. 3. Open burning conducted pursuant to a permit issued by the fire code official upon written application, if the fire code official determines that such burning will be performed without hazard to the public health, safety or welfare. 4. Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official. 5. The use of propane or natural gas appliances equipped with automatic shut-off controls." Section 307.3: Section 307.3 is amended to read as follows: "307.3 Extinguishment authority. Where any open burning, permitted or otherwise (including the use of a portable outdoor fireplace), creates or adds to a hazardous situation or creates a nuisance or health risk due to smoke or 140 20 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX other products of combustion, the fire shall be ordered to be extinguished by Vail Fire and Emergency Services or Vail Police Department." Sections 307.4.1 and 307.4.2 are deleted. Section 308.1.7: Section 308.1.7 is amended to read as follows: "308.1.7 Sky lanterns. The use of sky lanterns is prohibited." Section 308.1.11: Section 308.1.11 is amended to read as follows: "308.1.11 Open-flame cooking devices. Charcoal burners and other open- flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. 1- and 2-family dwellings. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system." 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 20 pounds [nominal 17-pound (0.454 kg) LP gas capacity. 4. Natural gas cooking devices having a 60-minute automatic shut-off timer. 5. Where approved by the fire code official." Section 503.6: Section 503.6 is amended to read as follows: "503.6 Security gates. The installation of security gates across a fire apparatus access road or driveway shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200." Section 603.4: Section 603.4 is amended to read as follows: "603.4 Working space and clearances. Working space around electrical equipment shall be provided in accordance with Section 110.26 of NFPA 70 for electrical equipment rated 1,000 volts or less, and Section 110.32 of NFPA 70 for electrical equipment rated over 1,000 volts. The minimum required working space shall be not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height in front of electrical service equipment. Where the electrical service equipment is wider than 30 inches (762 mm), the minimum working space shall be not less than the width of the equipment. Storage of materials shall not be located within the designated working space. The fire code official is authorized to require electric meters, rapid shut-down switches, and other main electrical disconnects to be located on the structure's non-shed or gable end side to protect from snow and ice shedding. When ice or snow buildup is likely to occur above the electric meter, rapid shut-down, and 141 21 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX other main electrical disconnects, other approved protection shall be required. The fire code official is authorized to require a maintenance plan for vegetation, snow, and ice removal due to the safety of the equipment and firefighter access challenges." Section 605.8: Section 605.8 is amended to read as follows: "605.8 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas meters shall be located on the structure's non-shed or gable end side to protect from snow and ice shedding. When ice or snow buildup is likely to occur above the gas meter, other approved protection shall be required. Snow and ice build-up around gas and other utility meters shall be kept clear and maintained at all times. The fire code official is authorized to require a maintenance plan for vegetation, snow, and ice removal due to the safety of the equipment and firefighter access challenges." Section 903.3.1.1: Section 903.3.1.1 is amended to read as follows: "903.2.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 and Vail Fire and Emergency Services fire sprinkler installation standards except as provided in Sections 903.3.1.1.1-903.3.1.1.3." Section 903.3.1.2: Section 903.3.1.2 is amended to read as follows: "903.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R and Vail Fire and Emergency Services fire sprinkler installation standards where the Group R occupancy meets all of the following conditions: 1. 4 stories or less above grade plane. 2. For other than Group R-2 occupancies, the floor level of the highest story is 30 feet (9,144 mm) or less above the lowest level of fire department vehicle access. For Group R-2 occupancies, the roof assembly is less than 45 feet (13,716 mm) above the lowest level of fire department vehicle access. The height of the roof assembly shall be determined by measuring the distance from the lowest required fire vehicle access road surface adjacent to the building to the eave of the highest pitched roof, the intersection of the highest roof to the exterior wall, or the top of the highest parapet, whichever yields the greatest distance. 3. The floor level of the lowest story is 30 feet (9,144 mm) or less below the lowest level of fire department vehicle access. The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 of the International Building Code shall be measured from grade plane." 142 22 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX Section 903.3.1.3: Section 903.3.1.3 is amended to read as follows: "903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that are installed in 1- and 2-family dwellings and townhouses shall be installed in accordance with NFPA 13D and Vail Fire and Emergency Services installation standards." Section 903.4: Section 903.4 is amended to read as follows: "903.4 Sprinkler system supervision and alarms. Automatic sprinkler systems supervision and alarms shall comply with Section 903.4.1." Section 903.4.1: Section 903.4.1 is amended by the deletion of all exceptions. Section 907.2: Section 907.2 is amended to read as follows: "907.2 Where required – new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code, NFPA 72 and Vail Fire and Emergency Services installation standards shall be provided in new buildings, structures, 1- and 2-family dwellings and townhouses in accordance with Sections 907.2.1-907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Not fewer than 1 manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. Exceptions: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public. 3. The manual fire alarm box is not required for fire alarm systems dedicated to 1- and 2-family dwellings and townhouses." Section 907.2.11.2: Section 907.2.11.2 is amended to read as follows: "907.2.11.2 Groups R-2, R-3, R-4, I-2. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, I-2, and all residential properties that are available for rent or lease, regardless of occupant load, at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 143 23 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than 1 full story below the upper level." Section 1004.1: Section 1004.1 is amended to read as follows: "1004.1 Design occupant load. In determining means of egress requirements, the number of occupants for whom means of egress facilities are provided shall be determined in accordance with this section. Exceptions: Short-term rentals. Any property operating as a short-term rental pursuant to Chapter 14 of Title 4 of the Vail Town Code shall have means of egress facilities requirements designated based on 2 occupants per room plus an additional 2 occupants per residence. There shall be an additional exception available for short-term rentals with multiple means of egress per room, subject to the fire code official or designee's specific approval." Section 1207.11.3:Section 1207.11.3 is amended to read as follows: "1207.11.3 Location. ESS shall be installed only in the following locations: 1. Detached garages and detached accessory structures. 2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section 406.3.2 of the International Building Code. 3. Outdoors or on the exterior side of exterior walls located a minimum of 3 feet (914 mm) from doors and windows directly entering the dwelling unit, except where smaller separation distances are permitted by the UL 9540 listing and manufacturer's installation instructions. ESS shall not be installed in sleeping rooms, means of egress, or in closets or spaces opening directly into sleeping rooms. (Material based on NFPA 855 2023 Ed.)" § 10-1-5. AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE. The following amendments are hereby made to the International Energy Conservation Code: Section C101.1: Section C101.1 is amended to read as follows: "C101.1 Title. These regulations shall be known as the Vail Commercial Energy Code." Section C202: Section C202 is amended by the addition of the following definitions: ALL-ELECTRIC BUILDING. A building and building site that contains no combustion equipment, or plumbing for combustion equipment, and that 144 24 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX uses heat pump technology as the primary supply for heating, cooling, and service water heating loads. COMBUSTION EQUIPMENT. Any equipment or appliances used for space heating, cooling, water heating (including pools and spas), cooking, clothes drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil. EV-CAPABLE PARKING SPACE. A parking space for an electric vehicle (EV) with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and a dedicated, labeled space in the electrical panel. EV-INSTALLED PARKING SPACE. A parking space for an EV that has the EV supply equipment (EVSE) fully installed from the electrical panel to the parking space, including charging equipment. MIXED-FUEL BUILDING. A building and building site that contains combustion equipment, or plumbing for combustion equipment. Section C405.14: Section C405.14 is added as follows: "C405.13 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table C405.13. Exception: A request for a reduction in the number of required EV installed parking spaces can be made if DC fast charging stations are installed to fulfill the requirements of this subsection. An EV parking study shall be submitted to support the request and based on the findings of the analysis or study, the building official is authorized to approve a reduction in the number of required EV- installed parking spaces." Section C406.1: Section C 406.1 is amended to read as follows: "C406.1 Additional energy efficiency credit requirements. New all-electric buildings shall achieve a total of 10 credits and new mixed-fuel buildings shall achieve a total of 20 credits from Tables C406.1(1) through C406.1(5) where the table is selected based on the use group of the building and from credit calculations as specified in relevant subsections of C406." Table C406.1(2): Table C406.1(2) is amended in part to read as follows: TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES SECTION CLIM ATE ZONE 6B 145 25 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX C406.7.3: Efficient fossil fuel water heater b 3 C406.7.4: Heat pump water heater b 9 Table C406.1(3): Table C406.1(3) is amended in part to read as follows: TABLE C406.1(3) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E OCCUPANCIES SECTION CLIM ATE ZONE 6B C406.7.3: Efficient fossil fuel water heater a 1 C406.7.4: Heat pump water heater a 3 a. For schools with showers or full-service kitchens. Table C406.1(5): Table C406.1(5) is amended in part to read as follows: TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa OCCUPANCIES SECTION CLIM ATE ZONE 6B C406.7.3: Efficient fossil fuel water heater b 3 C406.7.4: Heat pump water heater b 9 146 26 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX a. Other occupancies include all groups except Groups B, E, I, M, and R. b. For occupancy groups listed in Section 406.7.1 Section C410.1: Section C401.1 is added to read as follows: "C410.1 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table C405.13. Exception: A request for a reduction in the number of required EV installed parking spaces can be made if DC fast charging stations are installed to fulfill the requirements of this subsection. An EV parking study shall be submitted to support the request and based on the findings of the analysis or study, the building official is authorized to approve a reduction in the number of required EV-installed parking spaces." Table C410.1: Table C410.1 is added as follows: "TABLE C410.1 EV PARKING SPACES a Property Type Space Requirements All commercial properties (incl. multi-family developments) 5% EV-installed parking spaces + 50% EV-capable parking spaces a. These provisions are for new construction only." Section R101.1: Section R101.1 is amended to read as follows: "R101.1 Title. These regulations shall be known as the Vail Residential Energy Code." Section R202: Section R202 is amended by the addition of the following definitions: ALL-ELECTRIC BUILDING. A building and building site that contains no combustion equipment, or plumbing for combustion equipment, and that uses heat pump technology as the primary supply for heating, cooling, and service water heating loads. COMBUSTION EQUIPMENT. Any equipment or appliances used for space heating, cooling, water heating (including pools and spas), cooking, clothes drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil. EV-CAPABLE PARKING SPACE. An EV parking space with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and a dedicated, labeled space in the electrical panel. MIXED-FUEL BUILDING.A building and building site that contains combustion equipment or plumbing for combustion equipment. 147 27 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX SOLAR-READY ZONE. A section of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system. Section R401.2.5: Section R401.2.5 is amended to read as follows: "R401.2.5 Additional energy efficiency. This section establishes additional requirements applicable to all compliance approaches to achieve additional energy efficiency. 1. For buildings complying with Section R401.2.1, the building shall meet one of the following: 1.1. For all-electric buildings, one of the additional efficiency package options shall be installed according to Section R408.2. 2.2. For mixed-fuel buildings, three of the additional efficiency packages shall be installed, at least one of which addresses the envelope." Table R402.1.3: Table R402.1.3 is amended by deleting footnote g. Section R403.7: Section R403.7 is amended to read as follows: "R403.7 Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other heating and cooling calculation methodologies. All new heating and cooling equipment shall have an efficiency rating of 92% AFUE or better.Exception: The replacement, alteration or repair of an existing system." Section R403.14: Section R403.14 is added to read as follows: "R403.14 Gas fireplaces. Gas fueled fireplaces, fire pits and other outdoor fireplaces and appliances require automatic shut-off controls with a maximum 60- minute timer." Section R403.15: Section R403.15 is added as follows: "R403.15 Solar- ready zone. New 1- and 2-family dwellings and townhouses with not less than 600 sq/ft (55.74 m2) of roof area oriented between 110 degrees and 270 degrees of true north, shall comply with Sections R403.14.1-R403.7. Exceptions: 1. A new residential building with a permanently installed on-site renewable energy system. 2. A building where all areas of the roof that would otherwise meet the requirements of Section R403.14 are in full or partial shade for more than 70% of daylight hours annually. R403.15.1. Construction documents shall indicate the solar-ready zone. R403.15.2 Solar-ready zone. The solar-ready zone shall be not less than 300 sq/ft (27.87 m2) exclusive of mandatory access or setback areas as required by the Vail Fire Code. New townhouses of 3 stories or less in height above grade plane and with a total floor area less than or equal to 148 28 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX 2,000 sq/ft (185.8 m2) per dwelling shall have a solar-ready zone area of not less than 150 sq/ft (13.94 m2). The solar-ready zone shall be composed of areas not less than 5 feet (1,524 mm) in width and not less than 80 sq/ft (7.44 m2) exclusive of access or set-back areas as required by the Vail Fire Code. R403.15.3 Obstructions. Solar-ready zones shall be free from obstructions, including without limitation vents, chimneys, and other roof-mounted equipment. R403.15.4 Capped roof penetration sleeve. A capped roof penetration sleeve shall be provided adjacent to all solar-ready zones located on roofs. The capped roof penetration sleeve shall be sized to accommodate the future photovoltaic system conduit and shall have an inside diameter of not less than 1.5 inches (38 mm). R403.15.5 Roof load documentation. The structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. R403.15.6 Interconnection pathway. Construction documents shall indicate pathways for routing of conduit or plumbing from the solar-ready zone to the electrical service panel or service hot water system. R403.15.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled 'For Future Solar Electric'. The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. R403.15.8 Certificate. A permanent certificate, indicating the solar-ready zone and other requirements of this Section, shall be posted near the electrical distribution panel, water heater or other conspicuous location by the builder or registered design professional." Section R404.5: Section R404.5 is added as follows: "R404.5 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table R404.5." Table R404.5: Table R404.5 is added as follows: "TABLE R404.5 EV PARKING SPACES a Property Type Space Requirements 1- and 2-family dwellings, townhouses 1 EV-capable space per dwelling a. These provisions are for new construction only." Section R404.6: Section R404.6 is added as follows: 149 29 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX "R404.6 Electric readiness. Systems using gas or propane to serve individual dwelling units shall comply with R404.6.1 and R404.6.2. R404.6.1 Receptacle required. A dedicated electrical receptacle connected to the electric panel with an appropriately sized branch circuit shall be provided within 36 inches (914 mm) of each gas or propane water heater, clothes dryer, and conventional cooking appliance. R404.6.2 Receptacle identification. The branch circuits within the electric panel serving the future electric appliances shall be appropriately labeled for their intended use." § 10-1-6. AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE. The Town hereby adopts, by reference, all amendments to the International Plumbing Code adopted by the State of Colorado and referred to as the Colorado Plumbing Code, in addition to the following amendments: Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Vail Plumbing Code." Section 103.1: Section 103.1 is amended to read as follows: "103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code." Section 115.4: Section 115.4 is deleted. Section 305.4.1: Section 305.4.1 is amended to read as follows: "305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1,372 mm) below grade." Section 903.1: Section 903.1 is amended to read as follows: "903.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 16 inches (406 mm) above the roof." Section 903.2: Section 903.2 is amended to read as follows: "903.2 Frost closure. Vent extensions through a roof or wall shall be not less than 3 inches (76 mm) in diameter. Any increase in size of the vent shall be made not less than 1 foot (305 mm) inside the thermal envelope of the building." § 10-1-7 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE. The Town hereby adopts, by reference, all amendments to the International Fuel Gas Code adopted by the State of Colorado and referred to as the Colorado Fuel Gas Code, in addition to the following amendments: Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Vail Fuel Gas Code." Section 103.1: Section 103.1 is amended to read as follows: "103.1 Creation of agency. The Town's Building Department is hereby created and 150 30 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code." Section 115.4: Section 115.4 is deleted. Table 503.8: Table 503.8 is amended as follows: A Clearance above finished grade level, veranda, porch, deck, or balcony 36 inches (All other values within the table are unchanged.) § 10-1-8. AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. The following amendments are hereby made to the International Mechanical Code: Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Vail Mechanical Code." Section 103.1: Section 103.1 is amended to read as follows: "103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code." Section 115.4: Section 115.4 is deleted. Section 401.4: Section 401.4 is amended by the addition of the following text: "5. The bottom of intake openings shall be located not less than 36 inches (914 mm) above finished grade." Section 701.3: Section 701.3 is added to read as follows:"701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches (914 mm) above finished grade." Section 804.3.4: Section 804.3.4 is amended by the addition of the following: "6. The bottom of the vent termination shall be located not less than 36 inches (914 mm) above finished grade." § 10-1-9. AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE. The following amendments are hereby made to the International Existing Building Code: Section 101.1: Section 101.1 is amended to read as follows: "101.1 Title: These regulations shall be known as the Vail Existing Building Code." Section 103.1: Section 103.1 is amended to read as follows: "103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of 151 31 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX this agency shall be the implementation, administration, and enforcement of this code." Section 101.4.2: Section 101.4.2 is amended to read as follows: "101.4.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Vail Fire Code, or as deemed necessary by the code official for safety." § 10-1-10. AMENDMENTS TO THE NATIONAL ELECTRICAL CODE. The Town hereby adopts, by reference, all amendments to the National Electrical Code adopted by the State of Colorado and referred to as the Colorado Electrical Code. § 10-1-11. AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings: Section 301: Section 301 is amended to read as follows, including the addition of the following definitions: "Section 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section or as specified in the Vail Building Code. BUILDING CODE is the International Building Code, as adopted and amended by the Vail Building Code. DANGEROUS BUILDING is any building or structure deemed to be dangerous under Section 302 of this code." § 10-1-12. VIOLATION AND PENALTY. (A)It is unlawful for any person to violate any provision of any code adopted in this Chapter. (B)Violations of this Chapter shall be subject to the penalties provided in § 1-4-1 of this Code. Each day the violation continues shall constitute a separate offense.In addition, the Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter. § 10-1-13. APPEALS. (A)Appeal of Building Official or Fire Code Official actions: (1)Authority: The Building and Fire Code Appeals Board (the "Board") shall have the authority to hear and decide appeals from any order or decision of the Building Official or Fire Code Official under this Chapter. An appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Chapter do not fully apply, or an equivalent or better form of 152 32 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX construction is proposed. The Board shall not have the authority to waive any specific requirement of this Chapter. (2)Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order or decision of the Building Official or Fire Code Official under this Chapter. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official. (3)Procedure: (a)A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the decision or order being appealed. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Board. (b)The appeal shall be considered by the Board at its next regularly scheduled meeting. (c)The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within thirty (30) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official. (d)If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of seven (7) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. (e)On all appeals, the Board shall, make findings of fact based on the evidence presented and issue a written order. (B)Appeal of Board actions: (1)Authority: The Town Council shall have the authority to hear and decide appeals from any order of the Board. (2)Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order of the Board. Failure to file a timely appeal shall constitute a waiver of any rights to appeal any order of the Board. (3)Decision: The Town Council may affirm, reverse, or modify the order of the Board. The Town Council shall make findings of fact based on the evidence presented. (4)Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). 153 33 9/27/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C0BB5C4\@BCL@3C0BB5C4.DOCX Section 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2024, and a public hearing for second reading of this Ordinance set for the _____ day of ______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2024. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 154