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2024-10-15 Agenda and Supporting Documentation Town Council Evening Meeting
1.Call to Order (6:00pm) 2.Proclamation (6:00pm) 2.1 Proclamation No. 6, Series of 2024, High Five Media Day (6:00pm) 10 min. Read proclamation into the record. Presenter(s): Jonathon Czarnzy, High Five Media Staff Recommendation: October 20th is considered Community Media Day, which is an annual celebration of voices that brings awareness to the importance of free speech and accessible media for all individuals to have their voices heard. 3.Public Participation (6:10pm) 3.1 Public Participation (10 min.) 4.Consent Agenda (6:20pm) 4.1 Resolution No. 46, Series of 2024, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2025 through December 31, 2025 Approve, approve with amendments, or deny Resolution No. 46, Series of 2024. Background: State statute requires approval of the Vail Local Marketing District operation plan before September 30th each year, with approval of a budget resolution by October 15th. VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually by Zoom. Zoom meeting link: https://vail.zoom.us/webinar/register/WN_10nOJRrRTd6oQX84JNh3jA 6:00 PM, October 15, 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. 2024-06 High Five Media Day Public Participation 101524 2025 VLMD Budget - TOV Approval 1 4.2 Resolution No. 48, Series of 2024, A Resolution of the Vail Town Council Approving an Amendment to the Highway Maintenance Agreement with the Colorado Department of Transportation ("CDOT") Approve, approve with amendments, or deny Resolution No. 48, Series of 2024. Background: CDOT and the Town entered into a maintenance agreement for the frontage roads in 2024, and now need to amend the agreement. 4.3 Resolution No. 49, Series of 2024, A Resolution Approving a State of Colorado Subaward Agreement between the Town of Vail and the Colorado Department of Transportation to Receive Funding for an Electric Bus Workforce Training Grant Approve, approve with amendments, or deny Resolution No. 49, Series of 2024. Background: The Town of Vail and CDOT wish to enter an agreement for the purpose of providing funding for an electric bus workforce training grant. 4.4 Authorization to Lease Hamlet Chalet Townhome, 2014 West Gore Creek Drive, Unit 3 Authorize the Mayor to execute a lease agreement, in a form approved by the Town Attorney, with Jones Richard Caudle II and Louise Alice Herbert, to lease the property located at 2014 West Gore Creek Drive, Unit 3, Vail, CO 81657, in an amount not to exceed $14,968.00. Background: On October 1, 2024, the Town Council authorized the purchase of Hamlet Chalet Townhome, Unit 3. The seller used his right to request an accelerated closing date within the forty-five-day notification to the Town of Vail. Town staff plans to lease the Hamlet Chalet Townhome commencing on November 1, 2024 and ending on January 2, 2025, when the Town of Vail is expected to take title. 4.5 Contract Award to RythmEFX for the Construction of Kringle Crossing Houses for Lionshead Village Holiday Activation Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with RythmEFX for the construction of Kringle Crossing houses for Lionshead Village holiday activation, in an amount not to exceed $67,165.86. Background: After the success of Kringle Crossing in 2023, the program is being expanded to include Lionshead with the construction of 4 new Kringle Crossing houses. Res 46 VLMD Budget 2025 - TOV Council CDOT IGA Amend-R101024 Draft AM1 MTCE Vail 331003134 30Sept2024 Resolution 49 2024 CDOT Subaward Agreement - electric bus training Town of Vail 5339(b Subaward Memo on Lease Agreement Hamlet Chalet #3.pdf 2 4.6 Contract Award to Weston Landscape Design Inc. for 2024-2025 Contracted Snow Removal Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney, with Weston Landscape Design Inc. for the 2024-2025 Contracted Snow Removal, in an amount not to exceed $103.140.00 Background: The Town requested bids from contractors to provide winter snow removal services at Donovan Park, the Vail Golf Course Clubhouse, and along various sidewalks and stairs where Town equipment cannot access. 5.Action Items (6:20pm) 5.1 Recommended Final Components of the Winter 2024-2025 Parking Program (6:20pm) 20 min. Listen to presentation and provide feedback. Presenter(s): Greg Hall, Public Works and Transportation Director Background: The purpose of this item is to provide recommendations for changing the parking violations fines, specifically for restricted overflow parking area from Vail Valley Drive to the Main Vail roundabout, and to ask Town Council to review the recommended adjustments for the early season transit enhancements and decide on a course of action. 5.2 Resolution No. 44, Series of 2024, A Resolution Accepting a Donation of Real Property (6:40pm) 5 min. Staff recommends the Town Council return this item back to the Open Space Board of Trustees for further discussion. The memo on this topic is from the previous meeting and is provided for reference. Presenter(s): Kristen Bertuglia, Environmental Sustainability Director Background: This item was tabled from the October 1, 2024 Town Council meeting. 5.3 Resolution No. 47, Series of 2024, A Resolution Renaming the Street Segment of Matterhorn Circle between Matterhorn Neighborhood and Tract A of Glen Lyon Subdivision to Blue Rose Lane (6:45pm) 20 min. Approve, approve with amendments, or deny Resolution No. 47, Series of 2024. Presenter(s): Greg Roy, Planning Manager Background: Town staff received a request to change the Council Memo - 10-15-2024 Kringle Crossing Lionshead Contract CouncilMemo10-15-24 Council Memo 101524 Potato Patch Group parcel donation 100124 memo Resolution No 44, Potato Patch Donation 100124 final 2024-08 Potato Patch Group parcel Donation Potato Patch Group Parcel - Map 3 name of a portion of a street within the Town of Vail. 6.Public Hearings (7:05pm) 6.1 Ordinance No. 14, Series of 2024, First Reading, A Major Amendment to Special Development District No. 4, Cascade Village, and Specifically Approving Amendments to the Development Plan for Area B, Coldstream Condominiums, Cascade Village (7:05pm) 30 min. Approve, approve with amendments, or deny Ordinance No.14, Series of 2024 upon first reading. Presenter(s): Heather Knight, Planner II Background: The applicant, Coldstream Ltd., represented by Sean Hanagan of High Summit Planning, is requesting a major amendment to a Special Development District, pursuant to Section 12-9-A, Special Development (SDD) District, Vail Town Code, located in Special Development District No. 4, Cascade Village, at the property of 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision. 6.2 Ordinance No. 13, Series of 2024, Second 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 (7:35pm) 10 min. Staff recommends the Town Council make the following motion: motion to approve Ordinance 13, Series of 2024 with the exclusion of Sections C406.1, C40631(2), C4061(e), C4061(5) and R4016.2.5 of the International Energy Staff Memo Attachment A. Name Change Request Attachment B. Resolution No. 47 Attachment C. Vicinity Map Ordinance 14 Staff Memorandum Attachment A. Ordinance 14 Coldstream Attachment B. Coldstream Condos - Vicinity Map Attachment C. Applicant Narrative Attachment D. Coldstream SDD Public Benefit Attachment E. Coldstream Plan Set Attachment F. Coldstream Site Grading Plan 10-3-24 Attachment G. Title Commitment Attachment H. PEC24-0017 Staff Memo Attachment I. PEC 26August2024 Minutes Attachment J. 2012 PEC Memo and Worksession Attachment K. PEC Minutes, September 24, 1990 Attachment L. Town Council Minutes, October 2, 1990 Attachment M. Ordinance 14 Staff Presentation Attachment N. Ordinance 14 Coldstream Applicant Presentation 4 Conservation Code (IECC). 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. 7.Adjournment 7:45pm (estimate) TC Memo Code Adoption Evening Session Final 10-15-24 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. 5 AGENDA ITEM NO. 2.1 Item Cover Page DATE:October 15, 2024 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamation (6:00pm) SUBJECT:Proclamation No. 6, Series of 2024, High Five Media Day (6:00pm) SUGGESTED ACTION:Read proclamation into the record. PRESENTER(S):Jonathon Czarnzy, High Five Media STAFF RECOMMENDATION:October 20th is considered Community Media Day, which is an annual celebration of voices that brings awareness to the importance of free speech and accessible media for all individuals to have their voices heard. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2024-06 High Five Media Day 6 Proclamation No. 06, Series of 2024 HIGH FIVE ACCESS MEDIA DAY WHEREAS, October 20th is considered Community Media Day, which is an annual celebration of voices that brings awareness to the importance of free speech and accessible media for all individuals to have their voices heard; WHEREAS, the sharing of ideas and information helps to empower the local community as well as build common understanding and common values within a community; WHEREAS, community media organizations provide a means for diverse communities to tell their stories, hear each other’s stories, and create new stories together; WHEREAS, community media organizations provide people with the skills necessary for the creation, sharing, and consumption of knowledge and ideas through media; WHEREAS, community media is an important resource for participating in local democratic policy and processes; WHEREAS, community media connects community organizations, schools, and local governments to their constituents so that they can become civically engaged, express ideas, and advocate for causes; WHEREAS, in many communities, people are not aware of the diverse and valuable programming on public, education, and government access channels or community radio channels; and WHEREAS, communities will benefit from increased general awareness of, viewing audiences for, and creators of media content created by and for the community; NOW, THEREFORE, the Mayor and Vail Town Council do herby proclaim October 20, 2024 as High Five Access Media Day within the Town of Vail, and all people are hereby called upon to promote the importance of community media, training available at High Five Access Media, and programming available on channel 5. BE IT FURTHER Proclaimed that High Five Access Media plays a vital role in the building of our community by broadcasting local government meeting to locals, second-home owners and visitors alike as well as encouraging conversations about our common interests, increasing discourse around policy issues, fostering understanding of local cultures, broadcasting local events and sharing information to improve our lives. Dated this 15th day of October 2024. Vail Town Council Attest: Travis Coggin, Mayor ___________________________ Stephanie Kauffman, Town Clerk 7 AGENDA ITEM NO. 3.1 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Public Participation (6:10pm) SUBJECT:Public Participation (10 min.) SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Public Participation 8 From:Robyn Smith To:Council Dist List Cc:Tom Kassmel Subject:C07 Roundabout Traffic Counters Date:Monday, October 14, 2024 5:41:35 PM Council, One good measurement is worth 1000 expert opinions. Please extend support for capital project C07 Roundabout Traffic Counters for $250k in 2026! The PEC spent an extraordinary amount of time on the GoVail 2045 Transportation Master Plan. This item was a key takeaway, discussed at length, with widespread support. There was even discussion about fast tracking this item in advance of the master plan, so it didn’t get lost in the document. As you know, TIA/TISs’ frequently lend to the over-engineering of roads, parking, signage, and horrible lighting. Real world localized traffic data has the potential to save millions of dollars of capital investment in parking and road expansions we don’t need, on valuable land we shouldn’t squander in service to cars. Thank you! Robyn Smith EMBUZI m:917.596.7618 w:embuzi.com e: robyn@embuzi.com 9 AGENDA ITEM NO. 4.1 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:20pm) SUBJECT:Resolution No. 46, Series of 2024, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2025 through December 31, 2025 SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 46, Series of 2024. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 101524 2025 VLMD Budget - TOV Approval Res 46 VLMD Budget 2025 - TOV Council 10 To: Vail Town Council From: Vail Local Marketing District Date: October 15th, 2024 Subject: Resolution 46: Vail Local Marketing District 2025 Operating Plan and Budget I. SUMMARY State statute requires approval of the Vail Local Marketing District operating plan before September 30th each year with approval of a budget resolution by October 15th. On September 17th, the Vail Local Marketing District was presented with the 2025 marketing plan and budget. During that meeting, the District expressed concern for the sustainability of the $9.5M budget but did vote to approve the 2025 operating plan and budget due to the timing constraints set by the state statute. The Vail Local Marketing District Advisory Council (VLMDAC) has contracted with Leadership Outfitters to develop a three year strategic plan. This will be completed before the end of 2024. Based on the outcomes of this plan, the VLMDAC has committed to returning to the District with a modified operating plan and budget after the 1st of the year. Repeated from 2025 Operating Presentation on September 17th The Vail Local Marketing District is responsible for marketing and promoting Vail to attract overnight destination guests primarily during the non-ski season timeframe, creating economic vitality by attracting visitors who stay longer and spend more, thereby increasing sales tax and lodging tax revenues. Performance against these goals is measured through data, including occupancy, average daily rate, and lodging and sales tax revenues. The Vail Local Marketing District Advisory Council (VLMDAC) is the appointed body that provides strategic policy direction to staff and contracted vendors in pursuit of these goals. The VLMDAC is also responsible for providing education and awareness of Vail’s stewardship principles in order to protect our natural and built assets and celebrate the values of the Vail community. The VLMDAC reviewed and approved the 2025 Operating Plan and Budget at a special meeting held on September 4th, 2024. The operating plan and budget reflect the beginning of the transition to a Destination Marketing Organization (DMO) and align with Town Council’s strategic plan and priorities. The 2025 recommended operating plan and associated budget is summarized in this memo. 11 Town of Vail Page 2 II. BUDGET DETAIL Budgeted revenue for 2025 is projected at $5,581,000 for 2025. After several years of growth, during a period of inflation and increased visitation, occupancy and average daily rates (ADRs) are beginning to normalize. 2024 year to date lodging tax collections are trending 0.7% above 2023 collections but are forecasted to end the year flat with 2023. This forecast includes collections that are anticipated to be flat with 2023 actuals through the remainder of the summer season and into early fall with November and December down 2% and 3% respectively. Lodging tax projections for 2025 continue to reflect a normalization in revenue growth. 2025 collections are conservatively projected at $5,518,000 a 1.0% increase from 2023 actual collections, and a 1.0% increase from the 2024 forecast. This projection is conservative and consistent with the town’s current projected sales tax revenue for 2025. In addition to lodging tax collections, interest income is forecasted at $63,000. Staff will continue to review and update 2024 and 2025 projections prior to the 2025 VLMD budget resolution in December. 2025 budgeted expenditures excluding event funding are proposed at $6,503,000. This is a 29% increase from 2023 actuals but a 2% decrease from the 2024 amended budget. Additional detail on these expenditures is included below. Proposed budgeted expenditures also include a $3,000,000 placeholder for special event funding. This includes $2,982,500 for events and a $17,500 business license administrative fee paid to the General Fund (5% of business license revenue). The town council through a resolution recently extended additional responsibilities to the VLMDAC, which now provides strategic policy direction for the activities of the Tourism and Economic Development department. As a first step towards that transition, staff have shifted event funding oversight to the Vail Local Market District. The special event funding placeholder reflects the relocation of event spending and funding from the town’s separate Marketing Fund to the Vail Local Marketing District Fund. The $3,000,000 expenditure would be directly offset by $350,000 in business license fee revenue and a $2,650,000 transfer from the General Fund. This level of special events funding represents a ($177,658), or (5.6%) decrease from the 2024 Amended Budget (historically accounted for in the Town of Vail Marketing Fund). The ability to use this placeholder is subject to approval of the $2.65M transfer by the Vail Town Council during the 2025 Town of Vail budget process and may be adjusted before the resolution approving the 2025 VLMD Budget scheduled in December Total 2025 combined operating and event funding expenditures total $9,503,000. The 2025 ending fund balance is projected to be $1,588,628, which is 29% of revenues and is above Council’s directive of 25% of annual lodging tax revenues. III. 2025 OPERATING PLAN & BUDGET 2024 has been a year of increasing efficiencies for the Vail Local Marketing District. With the recent direction from Town Council, the VLMDAC is transitioning to a Destination Marketing Organization (DMO) and will provide strategic policy direction for all the activities of the Tourism and Economic Development Department. The VLMDAC will develop a three-year strategic plan in October of 2024. With the adoption of the VLMDAC strategic plan, staff will 12 Town of Vail Page 3 address the proposed operating plan and may return with a request for adjustments based on the outcome of the strategic planning process. Business Goals (May – October) With the economy and visitation stabilizing, there remains opportunity for growth. With that, the VLMDAC proposes a 5% increase on Sales ($14,739,728) and Lodging tax ($1,509,840) compared to the 2024 forecast. The target for overall occupancy is set at 47%, a 1% increase from the 2024 forecast, with Group Occupancy rising from 24% to 25%. As the Vail Local Marketing District Advisory Council (VLMDAC) looks to the future, and in service of the VLMD’s overarching business goals, the VLMD’s 2025 strategic approach is guided by the business objective and priorities identified below: Business Objective Drive responsible year-round revenue growth in Vail by targeting overnight guests who stay longer and spend more, while effectively communicating community and brand values. Areas of focus include increasing mid-week and lower demand time period stays. Priorities • Optimize Visitation: Target high net worth guests, maximize longer stays and higher spend and gain greater understanding of customer through research while educating on community values, the 2025 strategy includes: o A consistent paid media approach tied to return on investment measures intended to grow visitation from destination markets Using a full funnel media strategy targeting those who have traveled to Vail and who look like interested travelers Maintain and expand on lodging promotional campaigns to fill need periods Increase Mexico marketing and PR efforts and management o IPW Participation: Discover Vail independent presence o Group Sales client familiarization event in Vail o CTO Mexico Mission November Mexico City FAM: Content Creator Rally in Vail o VR International Grand Fam April o CTO London Trade/Media Luncheon Fall 2025 • Build Loyalty: Grow customer database and use data to better understand our guest, and to enhance engagement & loyalty, the 2025 strategy includes: o Email: Hyper-personalization growth Enhance AI-driven email content versioning Ensure ADA compliance o Database: Increase newsletter sign-ups on web and in town Integrate data from new booking platform Create event ROI measurement based on new booking platform o Content: Continue to grow share of voice in organic and develop useful content o Social Media: 34-36% of the young affluent traveler uses social media to travel plan and 75% of all travelers rely on it for travel planning. 13 Town of Vail Page 4 Increase social media influencers that come to Vail Build up the @DiscoverVailColorado TikTok channel • Lead Stewardship: Develop and deliver upon a brand position that reflects community values, differentiates Vail in ways that build its competitive edge, and inspires all to care for Vail, the 2024 strategy includes: o Launch new brand to build Vail's competitive advantage o Build a brand campaign around Vail attributes and drive traveler intent. o Create an in-market stewardship education and awareness campaign • Brand Positioning: Position Vail as the Premier International Mountain Resort Community and work with community partners to define, support and deliver on the brand, the 2024 strategy includes: o Build a brand campaign around Vail attributes and drive traveler intent o Strategy and production of the launch will take place, leading to campaign development including pop-up shop / immersive displays, in-town amplification, a website refresh and continuously monitor and measure success Summary The VLMDAC's proposed 2025 operating plan marks a positive shift toward prioritizing visitation and increasing brand investment to support the launch of the new brand in 2025. The VLMDAC will maintain its focus on driving visitation through paid media, with a more selective approach to targeting high-value customers who stay longer and spend more. With the introduction of a new brand and campaign, Vail is well-positioned to lead its competitive set, despite growing economic concerns. The strategy emphasizes expanding the database, utilizing improved data to gain a deeper understanding of our guests, enhancing guest engagement and loyalty through optimized content, and delivering personalized 1:1 messaging, which will establish a strong foundation for increased visitation and marketing efficiency. The VLMDAC is committed to aggressive business goals for 2025. IV. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT The Vail Local Marketing District recommends that the Vail Town Council approve the 2025 operating plan and budget of $9,503,000. 14 2023 Actuals 2024 Budget 2024 Amended Budget 2024 Forecast Proposed 2025 Budget Income Lodging Tax 5,489,112 5,395,000 5,395,000 5,466,396 5,518,000 Interest Income 125,984 65,000 65,000 214,000 63,000 Total Income 5,615,096 5,460,000 5,460,000 5,680,396 5,581,000 Operating Expense Destination 1,070,461 1,141,040 1,600,900 1,600,900 1,389,166 International 125,896 172,300 172,300 172,300 253,000 Front Range 229,148 250,000 289,560 289,560 418,485 Groups and Meetings 273,761 320,667 320,667 320,667 368,290 Public Relations Expenses 99,729 156,500 156,500 156,500 156,500 Content/Influencer Strategy 140,765 172,153 186,353 186,353 204,880 Photography / Video 317,084 390,200 390,200 390,200 390,200 Research 76,204 123,805 232,115 232,115 221,979 Web Site 360,655 374,090 455,030 455,030 489,566 Admin Miscellaneous 12,164 27,600 27,600 27,600 22,725 Email Marketing 155,758 338,000 401,980 401,980 406,130 Branding 664,589 749,500 779,500 779,500 506,000 Contingency - 250,000 250,000 250,000 100,000 Database Warehousing and Research 425,093 500,227 500,227 500,227 523,424 In-Market Marketing 42,434 100,735 116,315 116,315 273,080 Marketing Sponsorship 59,000 50,000 50,000 50,000 50,000 Professional Fees Legal and Accounting 32,000 32,000 32,000 32,000 32,000 Lodging Liaison 48,000 51,736 51,736 51,736 54,323 Advertising Agent Fees 212,517 221,160 271,093 271,093 293,766 Marketing Coordination-TOV 143,000 143,000 143,000 143,000 143,000 Marketing Coordination-VVP 45,275 53,986 53,986 53,986 53,986 Professional Fees - MYPR 109,084 152,500 152,500 152,500 152,500 Total Professional Fees 589,876 654,382 704,315 704,315 729,575 Total Operating Expense 4,642,618 5,771,200 6,633,563 6,633,563 6,503,000 Surplus (Deficit) from Operations 972,478 (311,200) (1,173,563) (953,167) (922,000) Transfer to General Fund 1,410,000 - - - - Special Events Business License Fees - - - - 350,000 Transfer from General Fund for Special Events - - - - 2,650,000 Placeholder for Special Event Funding - - - - (2,982,500) Business License Administration Fee - - - - (17,500) Net Increase/(Decrease) due to Special Events - - - - - Revenue Under/(Over) Expeditures 972,478 (311,200) (1,173,563) (953,167) (922,000) Beginning Fund Balance 3,901,317 3,463,795 3,463,795 3,463,795 2,510,628 Ending Fund Balance 3,463,795 3,152,595 2,290,232 2,510,628 1,588,628 Fund Balance (25% required) 63% 58% 42% 46% 29% 2025 PROPOSED BUDGET SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE VAIL LOCAL MARKETING DISTRICT 15 Resolution No. 46, Series of 2024 RESOLUTION NO. 46 SERIES OF 2024 A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the operating plan the Vail Local Marketing District (the “VLMD”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2025, and ending on the 31st day of December, 2025. 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 15th day of October, 2024. ___________________________________ Travis Coggin, Town Mayor Attested: _________________________ Russell Forrest, Town Manager 16 AGENDA ITEM NO. 4.2 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:20pm) SUBJECT:Resolution No. 48, Series of 2024, A Resolution of the Vail Town Council Approving an Amendment to the Highway Maintenance Agreement with the Colorado Department of Transportation ("CDOT") SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 48, Series of 2024. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CDOT IGA Amend-R101024 Draft AM1 MTCE Vail 331003134 30Sept2024 17 1 10/10/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@640B29F9\@BCL@640B29F9.DOCX RESOLUTION NO. 48 Series of 2024 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN AMENDMENT TO THE HIGHWAY MAINTENANCE AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT") WHEREAS, in 2023, CDOT and the Town entered into a maintenance agreement for maintenance of the I-70 frontage roads, and now seek to amend said agreement in the form attached hereto as Exhibit A and incorporated herein by this reference (the "Amendment"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1.The Amendment is hereby approved in substantially the form attached hereto, subject to final approval by the Town Attorney. Upon such approval, the Mayor is authorized to execute the Amendment on behalf of the Town. INTRODUCED, READ, APPROVED AND ADOPTED THIS 15th day of October, 2024. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 18 OLA #: 331003134 Routing #: 24-HA3-XC-00179-M0001 Additional PO Reference: 400002160 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: N/A SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 24-HA3-XC-00179-M0001 Local Agency TOWN OF VAIL Original Agreement Routing Number 24-HA3-XC-00179 Agreement Maximum Amount $815,000.00 Agreement Performance Beginning Date December 22, 2023 Initial Agreement expiration date June 30, 2028 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ___________________________________________ Keith Stefanik, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY TOWN OF VAIL By:________________________________________________ *Signature Name:______________________________________________ (Print Name) Title:_______________________________________________ (Print Title) Date:_______________________________________________ SECOND LOCAL AGENCY SIGNATURE, IF NEEDED TOWN OF VAIL By:________________________________________________ *Signature Name:______________________________________________ (Print Name) Title:_______________________________________________ (Print Title) Date:_______________________________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Amendment Effective Date:_____________________ 19 OLA #: 331003134 Routing #: 24-HA3-XC-00179-M0001 Additional PO Reference: 400002160 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1) PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3) EFFECTIVE DATE AND ENFORCEABILITY A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE This Agreement provides highway maintenance in the Town of Vail. This Amendment increases total maximum amount per fiscal year and the maximum contract total amount. 5) MODIFICATIONS A. This Amendment increases the total maximum amount per fiscal year for FY 25-28 by $10,000.00. The maximum contract total is increased from $775,000.00 by $40,000.00 to $815,000.00. B. Exhibit A-1 is made part of the original Agreement and replaces Exhibit A. 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 20 Vail Highway Maintenance Page 1 of 2 Scope of Work Region 3, Section 2 Maintenance has a highway maintenance agreement between CDOT and the Town of Vail. The rate negotiated by the parties per mile for this agreement is $14,236.41 per lane mile, and the number of miles of highway segments for which the town will provide maintenance services is 11.59 lane miles, up to a total maximum amount of $165,000.00 per fiscal year, to be invoiced as work progresses, not to exceed the total agreed upon amount. This agreement has been considered and deemed beneficial to the Town of Vail and the State by John David, Region 3 Section 2 Maintenance Superintendent. A.The town shall perform all "maintenance services" (defined in the attached Exhibit) for the certain State Highway System segments described herein, located within the town's jurisdiction, for a total length of 11.59 miles ("the Highways"), as follows: I-70 Frontage Rd. Including Fall Line Dr. and new underpass roadway: MP 172.2 to MP 180.3 B.As used herein the term "maintenance services" shall mean only those maintenance services normally performed by the State to comply with its responsibility under §§ 43-2-102 and 43-2-135, C.R.S., as described in the State's then current "Plant Maintenance Field Manual", as amended which is incorporated herein by this reference. The town shall be furnished a copy of that manual from the State before it performs any maintenance services under this agreement. Maintenance Services Activity List: Code Activity Name Units 152 Flexible Pavement Patching/Minor Repairs Square Yard 153 Rigid Pavement Patching/Minor Repairs Square Yard 402 Snow Removal & Traction Application (Sanding, Deicers) Mile (Plow Mile) 406 Snow Removal – Special Equipment Labor Hours ("Maintenance services" do not include reconstruction of portions of the highways destroyed by major disasters, fires, floods, or Acts of God. Provided, however, that the town shall give the State immediate notice of the existence of any such conditions on the highways.) If services not noted in the Maintenance Services Activity List need to be considered, contact John David, Region 3 Section 2 Maintenance Superintendent. Exhibit A-1 Exhibit A-1 Page 1 of 2 21 Vail Highway Maintenance Page 2 of 2 Exhibit A Maintenance services to be performed by the town, at State expense, for the highways under this agreement shall include (without limitation) the following services: Removal of snow. Patching, making safe, repairing, spot reconditioning, spot stabilization and spot seal coating, including shoulders; and damage caused by ordinary - washouts. Warning the State's representative of any "dangerous condition" (as that term is defined in §24-10-103(1) C.R.S., as amended), and/or repairing that condition. Inspecting State Highway signing and regulatory devices on the Highways done concurrently with other maintenance work and notifying the State's Region 3 Section 2 Maintenance Superintendent or a State representative as soon as the town has notice of any State Highway signing and regulatory devices in need of repair. C.Town shall also continue to perform, at its own expense, all activities/duties on the Highways that the town is required to perform by§43-2-135 (1) (a) and (e), C.R.S., as amended, including, but not limited to: cutting weeds and grasses within the State's right of way; fence maintenance; cleaning of roadways, including storm sewer inlets and catch basins; cleaning of ditches; and repairing of drainage structures. The town's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Region 3 Section 2 Maintenance Deputy Superintendent, or his representative, shall determine the then current applicable maintenance standards for the maintenance services. Any standards/directions provided by the State's representative to the town concerning the maintenance services shall be in writing. D.The statements submitted by the town for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that performance, and on which specific sections of the highways such services were performed, in accord with Maintenance Services Activity Codes noted in section B, as shown above. E.For transparency as well as for audit purposes, the following needs to be included in all billings submitted on a monthly basis. The statements submitted by the town for which payment is requested shall contain an adequate description of the type(s) and the quantity (ies) of the maintenance services performed, the date(s) of that performance, and on which specific sections of the Highways (as noted above) such services were performed, in accord with standard town billing standards. F.Monthly billing is based on service performed in each month; it is not based on equal billings. Some months may have no chargeable services, while others may be well over an average monthly amount. Exhibit A-1 Page 2 of 2 22 AGENDA ITEM NO. 4.3 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Resolution AGENDA SECTION:Consent Agenda (6:20pm) SUBJECT:Resolution No. 49, Series of 2024, A Resolution Approving a State of Colorado Subaward Agreement between the Town of Vail and the Colorado Department of Transportation to Receive Funding for an Electric Bus Workforce Training Grant SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 49, Series of 2024. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution 49 2024 CDOT Subaward Agreement - electric bus training Town of Vail 5339(b Subaward 23 RESOLUTION NO. 49 Series of 2024 A RESOLUTION APPROVING A STATE OF COLORADO SUBAWARD AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION TO RECEIVE FUNDING FOR AN ELECTRIC BUS WORKFORCE TRAINING GRANT WHEREAS, the Town and the Colorado Department of Transportation wish to enter into an agreement for the purpose of providing funding an electric bus workforce training grant pursuant to the terms set forth in Exhibit A, attached hereto 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 Town Manager to execute the Agreement 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 15th day of October 2024. Travis Coggin,Mayor ATTEST: Stephanie Kauffman, Town Clerk 24 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 1 of 46 Version 10/23/19 STATE OF COLORADO SUBAWARD AGREEMENT COVER PAGE State Agency Department of Transportation Agreement Number / PO Number 25-HTR-ZL-00060 / 491003737 Subrecipient Town of Vail Agreement Performance Beginning Date The Effective Date Initial Agreement Expiration Date December 31, 2025 Subaward Agreement Amount Federal Funds-Administrative Maximum Amount (90%) Local Funds-Administrative Local Match Amount (10%) Agreement Total $20,000.00 $5,000.00 $25,000.00 Fund Expenditure End Date December 31, 2025 Agreement Authority Authority to enter into this Agreement exists in CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1- 702 and 43-2-101(4)(c), appropriated and otherwise made available pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149. Agreement Purpose In accordance with 49 USC §5339(b), the purpose of this Grant is to provide capital funding to improve the condition of the nation’s public transportation bus fleets, expand transportation access to employment, educational, and healthcare facilities, and to improve mobility options in rural and urban areas throughout the country. The work to be completed under this Grant b y the Grantee is more specifically described in Exhibit A. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A – Statement of Work and Budget. 2. Exhibit B – Sample Option Letter. 3. Exhibit C – Federal Provisions. 4. Exhibit D – Required Federal Contract/Agreement Clauses. 5. Exhibit E – Verification of Payment. In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C – Federal Provisions. 2. Exhibit D – Required Federal Contract/Agreement Clauses. 3. Colorado Special Provisions in §17 of the main body of this Agreement. 4. The provisions of the other sections of the main body of this Agreement. 5. Exhibit A – Statement of Work and Budget. 6. Executed Option Letters (if any). Principal Representatives For the State: Erin Kelican Division of Transit and Rail Colorado Dept. of Transportation 2829 W. Howard Place Denver, CO 80204 erin.kelican@state.co.us For Subrecipient: Chris Southwick Town of Vail 75 South Frontage Road Vail, CO 81657-5096 csouthwick@vailgov.com Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 25 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 2 of 46 Version 10/23/19 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. SUBRECIPIENT SIGNATURE Town of Vail By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ Second Subrecipient Signature if needed By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ LEGAL REVIEW Philip J. Weiser, Attorney General __________________________________________ By: Assistant Attorney General Date: __________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Department of Transportation Effective Date:_____________________ Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 26 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 3 of 46 Version 10/23/19 TABLE OF CONTENTS 1. PARTIES................................................................................................................................................. 3 2. TERM AND EFFECTIVE DATE .......................................................................................................... 3 3. DEFINITIONS ........................................................................................................................................ 4 4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6 5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6 6. REPORTING - NOTIFICATION ........................................................................................................... 8 7. SUBRECIPIENT RECORDS ................................................................................................................. 9 8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9 9. CONFLICTS OF INTEREST ............................................................................................................... 10 10. INSURANCE ........................................................................................................................................ 11 11. BREACH OF AGREEMENT ............................................................................................................... 12 12. REMEDIES ........................................................................................................................................... 12 13. DISPUTE RESOLUTION .................................................................................................................... 14 14. NOTICES and REPRESENTATIVES .................................................................................................. 14 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14 16. GENERAL PROVISIONS .................................................................................................................... 15 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17 1. PARTIES This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure End Date. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, th e State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the to tal term of this Agreement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 27 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 4 of 46 Version 10/23/19 E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of Agreement by Subrecipient, which shall be governed by §12.A.i. i. Method and Content The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder. F. Subrecipient’s Termination Under Federal Requirements Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit A. E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1), C.R.S. F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S. G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered by Subrecipient. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 28 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 5 of 46 Version 10/23/19 H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Agreement. I. “End of Term Extension” means the time period defined in §2.D. J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. K. “Extension Term” means the time period defined in §2.C. L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. N. “FTA” means Federal Transit Administration. O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in connection with the Services. P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Wo rk, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. R. “Initial Term” means the time period defined in §2.B. S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part of FTA’s standard terms and conditions governing the administration of a project supported with federal assistance awarded by FTA. T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match required to receive the Grant Funds and includes in -kind contribution. U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient. V. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records . PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24- 73-101, C.R.S. W. “Recipient” means the State agency shown on the Signature and Cover Page s of this Agreement, for the purposes of this Federal Award. X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall include any services to be rendered by Subrecipient in connection with the Goods. Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include but is not limited to PII and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 29 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 6 of 46 Version 10/23/19 who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 - 30-202(13)(a), C.R.S. AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. BB. “State Records” means any and all State data, information, and records regardless of physical form. CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement. DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work. “Subcontractor” also includes sub -recipients of Grant Funds. EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement, Contractor is a Subrecipient. FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement. HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be construed and interpreted as defined in that section. 4. STATEMENT OF WORK AND BUDGET Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYMENTS TO SUBRECIPIENT A. Subaward Maximum Amount Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on the Cover Page of this Agreement as “Federal Funds Maximum Amount”. B. Payment Procedures i. Invoices and Payment a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A. b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Subrecipient and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Subrecipient shall make a ll changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables provided under this Agreement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 30 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 7 of 46 Version 10/23/19 ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest to be paid and the interest rate. iii. Payment Disputes If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Subrecipient and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. v. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient’s laws or policies. D. Reimbursement of Subrecipient Costs i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 31 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 8 of 46 Version 10/23/19 Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be ma de in accordance with the provisions of this Agreement. ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient provides notice to the State of the change, the change does not modify the Subaward Maximum Amount or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does not modify any requirements of the Work. iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by Subrecipient that reduce the cost actually incurred). iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page for this Agreement, or after any phase per formance period end date for a respective phase of the Work, shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State . E. Close-Out Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables (including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be prohibited from applying for new Federal A wards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Quarterly Reports In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Subrecipient is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient sh all, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal Representative identified on the Cover Page for this Agreement. C. Performance and Final Status Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. D. Violations Reporting Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 32 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 9 of 46 Version 10/23/19 allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may incl ude, without limitation, suspension or debarment. 7. SUBRECIPIENT RECORDS A. Maintenance Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work and the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”). Subrecipient shall maintain such records for a period of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, the federal government, and any other duly authorized agent of a governmental agency, in its discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work. D. Final Audit Report Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION - STATE RECORDS A. Confidentiality Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Subrecipient shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Subrecipient shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any request or demand for State Records to the State’s Principal Representative identified on the Cover Page of the Agreement. B. Other Entity Access and Nondisclosure Agreements Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 33 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 10 of 46 Version 10/23/19 Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. C. Use, Security, and Retention Subrecipient shall use, hold and maintain State Confid ential Information in compliance with any and all applicable laws and regulations only in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State. If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perfor m such analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned remediation in response to any negative findings. E. Data Protection and Handling Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any Subcontractors are protected and handled in accordance with the requirements of this Agreement, including the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work Product only apply to Work Product that requires confidential treatment. F. Safeguarding PII If Subrecipient or any of its Subcontractors will or may receive PII under this Agree ment, Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73- 103(1)(i), C.R.S., and shall maintain security procedures and practices c onsistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 34 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 11 of 46 Version 10/23/19 B. Apparent Conflicts of Interest Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with th e full performance of Subrecipient’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18- 105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict of interest shall exist if Subrecipient employs or contracts with any State employee, any former State employee within six months following such emplo yee’s termination of employment with the State, or any immediate family member of such current or former State employee. Subrecipient shall provide a disclosure statement as described in §9.C. no later than ten days following entry into a contractual or e mployment relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law. 10. INSURANCE Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Subrecipient or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and a dvertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit . D. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Subrecipient and Subcontractors. E. Primacy of Coverage Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self- insurance program carried by Subrecipient or the State. F. Cancellation All insurance policies shall include provisions preventing cancellation or non -renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 35 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 12 of 46 Version 10/23/19 Subrecipient shall forward such notice to the State in accordance with §14 within seven days of Subrecipient’s receipt of such notice. G. Subrogation Waiver All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H. Public Entities If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 - 10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. I. Certificates For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient ’s subcontract is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Subrecipient shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach of Agreement In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this Agreement to the extent not terminated, if any. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 36 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 13 of 46 Version 10/23/19 a. Obligations and Rights To the extent specified in any termination notice, Subrecipient shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subrecipient but in which the State has an interest. At the State’s request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the time of any termination. Subrecipient shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such termination shall be treated as a termination i n the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Subrecipient’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Subrecipient until Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state ; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or o therwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient; Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 37 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 14 of 46 Version 10/23/19 (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Subrecipient’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Subrecipient for resolution. B. Resolution of Controversies If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement . 14. NOTICES and REPRESENTATIVES Each individual identified as a Principal Representative on the Cover P age for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 38 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 15 of 46 Version 10/23/19 of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre -existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third -party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. GENERAL PROVISIONS A. Assignment Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Binding Effect Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Agreement using a digital signature in accordance with the Co lorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 39 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 16 of 46 Version 10/23/19 I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection with this Agreement. O. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R. Standard and Manner of Performance Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Subrecipient’s industry, trade, or profession. S. Licenses, Permits, and Other Authorizations i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 40 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 17 of 46 Version 10/23/19 Subcontractor, all license, certifications, permits and other autho rizations required to perform their obligations in relation to this Agreement. ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado, shall obtain prior to the Effective Date and maintain at all ti mes during the term of this Agreement, at its sole expense, a certificate of authority to transact business in the State of Colorado and designate a registered agent in Colorado to accept service of process. T. Federal Provisions Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term of this Agreement. 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all agreements except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds fo r that purpose being appropriated, budgeted, and otherwise made available . C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 41 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 18 of 46 Version 10/23/19 G. PROHIBITED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision o f §24-106-109, C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions, Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the Sta te determines that Subrecipient is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent wit h federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial inte rest whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subrecipient’s services and Subrecipient shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason, including, but not limited to, overpayments or impro per payments, and unexpended or excess funds received by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Subrecipient, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perfor m work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of re ceiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal work status of such employee, and shall comply with all of the other requirements of the Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 42 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 19 of 46 Version 10/23/19 Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision ma y terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 43 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 20 of 46 Version 10/23/19 EXHIBIT A, STATEMENT OF WORK AND BUDGET Project Description* 2022-5339(b): Workforce Training Federal Awarding Agency Federal Transit Administration (FTA) Federal Regional Contact Cindy Terwilliger Federal Award Date** To Be Determined Project End Date December 31, 2025 FAIN** To Be Determined CFDA # 20.526 CFDA Title Bus and Bus Facilities Grants Program Subrecipient Town of Vail UEID # R17RS3JCQZ68 Contact Name Chris Southwick Vendor # 2000003 Address 75 South Frontage Road Vail, CO 81657-5096 Phone # (970) 479-2159 Email csouthwick@vailgov.com Indirect Rate N/A WBS*** 22-39-08032.VAIL.117 ALI 11.7D.02 Total Project Budget $25,000.00 Federal FTA-5339 Funds (at 80% or less) $20,000.00 Local Funds (at 20% or more) $5,000.00 Total Project Amount Encumbered via this Subaward Agreement $25,000.00 *This is not a research and development grant. **The Federal Award Date and/or FAIN are not available at the time of execution of this Subaward Agreement. This information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be made available to Town of Vail once issued. *** The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Project Description Town of Vail shall use 2022 FTA-5339(b) funds, along with local matching funds, to provide workforce training as more fully described below. The project will support the goals of the Statewide Transit Plan. Town of Vail shall use capital funds to purchase training courses for employees engaged in the implementation, operations, and/or maintenance of battery electric buses and electric vehicle charging stations (Capital Project). B. Performance Standards 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 10/21/2024 Submit Procurement Authorization (PA) and solicitation docs to CDOT Project Manager for Approval 11/30/2024 Take Delivery of (First) Vehicle/Equipment/Project Property 12/31/2024 Take Delivery of and Accept All Vehicles/Equipment/Project Property 5/1/2025 Submit Reimbursement Request in COTRAMS 7/1/2025 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date of this Subaward Agreement: December 31, 2025. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 44 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 21 of 46 Version 10/23/19 2. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Vail shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 3. Town of Vail must comply and submit all reimbursements and reports associated, including the assignment of “Colorado Department of Transportation” as the lienholder on the Capital Asset(s), as a condition of project closeout. C. Project Budget 1. The Total Project Budget is $25,000.00. CDOT will pay no more than 80% of the eligible, actual project costs, up to the maximum amount of $20,000.00 for workforce training. CDOT will retain any remaining balance of the federal share of FTA-5339 Funds. Town of Vail shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $20,000.00 (80%) for workforce training project and matching Local Funds of $5,000.00 (20%) for workforce training project, will be encumbered for this Subaward Agreement. 2. No refund or reduction of the amount of Town of Vail’s share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 3. Town of Vail may use eligible federal funds for the Local Funds share, but those funds cannot be from other Federal Department of Transportation (DOT) programs. Town of Vail’s share, together with the Federal Funds share, must be enough to ensure payment of the Total Project Budget. 4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds for this project under the terms of this Subaward Agreement, provided that the federal share of FTA funds to be administered by CDOT are made available and remain available. Town of Vail shall initiate and prosecute to completion all actions necessary to enable Town of Vail to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. D. Procurement Procurement of the Capital Project will comply with state procurement procedures, the DTR Quick Procurement Guide, as well as FTA’s requirements and 2 CFR 200.320. In addition to the state requirements outlined below, state and FTA procedures (where applicable) for purchase of the Capital Project must be followed and will be outlined prior to purchase. 1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE). 2. The second step, and prior to soliciting a vendor, will be to obtain Procurement Concurrence Request (PCR) approval from the CDOT Project Manager through COTRAMS. The request for PCR approval must include a copy of the proposed solicitation documents and the ICE. 3. The third step, and prior to entering into a purchasing agreement or contract with the selected vendor, will be to obtain Purchase Authorization (PA) approval from the CDOT Project Manager through COTRAMS. The request for PA approval must include a copy of the final solicitation documents (e.g. documented quote, quick bid, response(s) to RFP/IFB). Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 45 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 22 of 46 Version 10/23/19 E. Reimbursement Eligibility Requests for reimbursement for eligible project costs will be paid to Town of Vail upon s ubmission of a complete reimbursement packet in COTRAMS for those eligible costs incurred during the Subaward Agreement effective dates. Accepted reimbursement packets will include the following completed documents: • Independent Cost Estimate (ICE) • Procurement Concurrence Request (PCR) • Purchase Authorization (PA) • Invoice • Proof of Payment Town of Vail must submit the final invoice within sixty (60) calendar days of acceptance of the Capital Project and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement payment. F. Training In an effort to enhance transit safety, Town of Vail and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, Town of Vail shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting older adults and individuals with disabilities. G. Safety Data Town of Vail and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents, injuries, and incidents. H. Restrictions on Lobbying Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. I. Special Conditions 1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award. 2. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s records and financial statements as necessary, with reasonable advance notice. 3. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1. 4. Except as provided in this Subaward Agreement, Town of Vail shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment prior to the execution of this Subaward Agreement. 5. Town of Vail cannot request reimbursement for costs on this project from more than one Federal Awarding Agency or other federal awards (i.e., no duplicate billing). 6. Town of Vail must obtain CDOT approval, in writing, if FTA funds are intended to be used for payment of a lease or for third-party contracts. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 46 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 23 of 46 Version 10/23/19 7. Town of Vail shall document any loss, damage, or theft of FTA- or state-funded property, equipment, or rolling stock in COTRAMS. 8. If receiving FTA 5311 funding, Town of Vail shall advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 9. If receiving FTA 5311 funding, Town of Vail shall maintain and report annually all information required by the National Transit Database (NTD) and any other financial, fleet, or service data. 10. If receiving FTA 5311 or 5339 funding, Town of Vail will ensure subcontractors and subrecipients comply with FTA Drug and Alcohol Regulations. 11. Town of Vail shall ensure that it does not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 12. Town of Vail shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also facilita te FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development, and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guida nce for Federal Transit Administration Recipients.” 13. Town of Vail will provide transportation services to persons with disabilities in accordance with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 14. Town of Vail shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients. 15. Town of Vail shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Vail shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 16. Town of Vail shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. 17. Town of Vail shall provide CDOT with an equity analysis if the project involves choosing a site or location of a facility in accordance with FTA Circular 4702.1B. 18. Town of Vail shall update its Agency Profile in COTRAMS with any alterations to existing construction or any new construction in accordance with FTA Circular 4710.1. 19. Town of Vail will adopt a Transit Asset Management Plan that complies with regulations implementing 49 U.S.C. § 5326(d). 20. Town of Vail shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR Part 26, and CDOT’s DBE program. 21. Meal delivery must not conflict with providing public transportation service or reduce service to public transportation passengers. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 47 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 24 of 46 Version 10/23/19 EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number Insert the Option Number (e.g. "1" for the first option) Subrecipient Insert Subrecipient's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Contract Number of the Original Contract Subaward Agreement Amount Federal Funds Option Agreement Number Insert CMS number or Other Contract Number of this Option Maximum Amount (%) $0.00 Local Funds Agreement Performance Beginning Date The later of the Effective Date or Month, Day, Year Local Match Amount (%) $0.00 Agreement Total $0.00 Current Agreement Expiration Date Month, Day, Year 1. OPTIONS: A. Option to extend for an Extension Term or End of Term Extension. 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert start date and ending on the current agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is later. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ In accordance with §24-30-202, C.R.S., this Option Letter is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:_______________________________________ Department of Transportation Option Letter Effective Date: __________________ Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 48 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 25 of 46 Version 10/23/19 EXHIBIT C, FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS. 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with federal statutes, Award Terms and Conditions, Treasury’s Final Rule, and reporting requirements, as applicable. 1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements. 1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 2.1.2. “Entity” means: 2.1.2.1. a Non-Federal Entity; 2.1.2.2. a foreign public entity; 2.1.2.3. a foreign organization; 2.1.2.4. a non-profit organization; 2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or 2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.3. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds” report available at www.treasury.gov. 2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 49 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 26 of 46 Version 10/23/19 2.1.6. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. 2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.9.2. Is not organized primarily for profit; and 2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program. For SLFRF Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1 Revenue Replacement. 2.1.15. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.15.1. Salary and bonus; 2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 50 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 27 of 46 Version 10/23/19 respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.15.4. Change in present value of defined benefit and actuarial pension plans; 2.1.15.5. Above-market earnings on deferred compensation which is not tax- qualified; 2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.18. “Unique Entity ID Number” means the Unique Entity ID established by the federal government for a Grantee at https://sam.gov/content/home 3. COMPLIANCE. 3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.2. Per US Treasury Final Award requirements, grantee programs or services must not include terms or conditions that undermine efforts to stop COVID-19 or discourage compliance with recommendations and CDC guidelines. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS. 4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually. 4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update Grantee’s information in SAM.gov at least annually. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 51 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 28 of 46 Version 10/23/19 5. TOTAL COMPENSATION. 5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Grantee received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. If the total award is below $30,000 no reporting required; if more than $30,000 and less than $50,000 then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required. 7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED] Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 52 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 29 of 46 Version 10/23/19 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Agreements and purchase orders for work or products under this award. 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program- specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 53 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 30 of 46 Version 10/23/19 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all Subcontractors entered into by it pursuant to this Grant. 12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, Office of Federal Agreement Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). 12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreements and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 54 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 31 of 46 Version 10/23/19 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 55 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 32 of 46 Version 10/23/19 12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement. 13. CERTIFICATIONS. 13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State Agency with signed grant agreement. 13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 56 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 33 of 46 Version 10/23/19 15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass- through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 57 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 34 of 46 Version 10/23/19 EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or CDOT expressly consents in writing, the Subrecipient agrees that: (1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the Underlying Agreement, to any Third party Participant at any tier, or to any other person or entity that is not a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and (2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation or Third party Agreement at any tier that may affect the underlying Agreement, the Federal Government and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the Subrecipient) to the underlying Agreement. Section 4(f) – Program fraud and false or fraudulent statements and related acts False or Fraudulent Statements or Claims. (1) Civil Fraud. The Subrecipient acknowledges and agrees that: (a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31. (b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or representation that the Subrecipient provides to the Federal Government and CDOT. (c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes available any false, fictitious, or fraudulent information. (2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law. Section 9. Record Retention and Access to Sites of Performance. (a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party Participants to retain, complete and readily accessible records related in whole or in part to the underlying Agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the applicable U.S. OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any Amendments thereto must be retained from the day the underlying Agreement was signed by the authorized FTA (or State) official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed. (c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each Subrecipient, if any, will agree to: (1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information related to its Award, the accompanying Agreement, and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the Subrecipient and each of its Subrecipients, (2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of the Subrecipient or Third party Participant within books, records, accounts, or other locations, and (3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules. (d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT Common Rules. (e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e Master Agreement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 58 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 35 of 46 Version 10/23/19 3(G) – Federal Changes Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance . The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or this Master Agreement. At the time the FTA Authorized Official (or CDOT) awards federal assistance to the Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified from time to time and will apply to the Subrecipient or the accompanying Agreement, except as FTA determines otherwise in writing. 12 – Civil Rights (c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third party Participant, will: (1) Prohibit discrimination on the basis of race, color, or national origin, (2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332; and (3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3; and (iii) All other applicable federal guidance that may be issued. (d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third Party Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; (ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of th e Master Agreement; (v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements . (2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will: (i) Affirmative Action. Take affirmative action that includes, but is not limited to: (A) Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers, demotions, layoffs, and terminations; but (ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and (3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60; and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 59 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 36 of 46 Version 10/23/19 (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does n ot apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disab ilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATB CB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609; (x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xi) Other applicable federal civil rights and nondiscrimination regulations and guidance. Incorporation of FTA Terms – 16.a. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Energy Conservation – 26.j (a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulation s, “Requirements for Energy Assessments,” 49 CFR part 622, subpart C. Applicable to Awards exceeding $10,000 Section 11. Right of the Federal Government to Terminate. (a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if: (1) The Subrecipient has failed to make reasonable progress implementing the Award; Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 60 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 37 of 46 Version 10/23/19 (2) The Federal Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award; or (3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger substantial performance of the Agreement. (b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations properly incurred before the termination date to the extent that the obligations cann ot be canceled. The Federal Government may recover the federal assistance it has provided for the Award, including the federal assistance for obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser amount, as the Federal Government may determine including obligations properly incurred before the termination date. (c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of performance established for the Award does not, by itself, constitute an expiration or termination of the Award; FTA may extend the period of performance to assure that each Formula Project or related activities and each Project or related activities funded with “no year” funds can receive FTA assistance to th e extent FTA deems appropriate. Applicable to Awards exceeding $25,000 From Section 4. Ethics. (a) Debarment and Suspension. The Subrecipient agrees to the following: (1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 CFR part 1200. (2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and 1200.220) with any Third Party Participant that is, or whose principal is, suspended, d ebarred, or otherwise excluded from participating in covered transactions, except as authorized by- (i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200; (ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 CFR part 180; and (iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or suspended Subrecipients or Third Party Participants. (3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR part 1200. (4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and debarment provisions to all lower tier covered transactions. (5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Subrecipient will provide immediate written notice to the: (i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the underlying Agreement, (ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or (iii) FTA Chief Counsel. Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note) Note: Applicable when tangible property or construction will be acquired Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j). Section 39. Disputes, Breaches, Defaults, and Litigation. (a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or disagreement involving the Award, the accompanying underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 61 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 38 of 46 Version 10/23/19 Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Subrecipient, including divisions tasked with law enforcement or investigatory functions. (c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Agreement. Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its Award Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Subrecipient receives FTA’s pri or written concurrence. (d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third party agreement, or any federal, state, or local law or regulation. Applicable to Awards exceeding $100,000 by Statute From Section 4. Ethics. a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the underlying Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official channels. Section 26. Environmental Protections – Clean Air and Clean Water (d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 62 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 39 of 46 Version 10/23/19 Executive Order No. 11990 relating to “P rotection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.” Applicable with the Transfer of Property or Persons Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: (a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j); (c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR part 381; and (d) Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 CFR §§ 301-10.131 – 301-10.143. Applicable to Construction Activities Section 24. Employee Protections. a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the underlying Agreement, including the: (1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3. (4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part 1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health Regulations for Construction,” 29 CFR part 1926. From Section 16 (n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided in federal regulations and guidance: (1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract performance bonds, and payment bonds. (2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 63 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 40 of 46 Version 10/23/19 From Section 23 (b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically, 49 CFR § 41.117. Section 12 Civil Rights D(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60, and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. Applicable to Nonconstruction Activities From Section 24. Employee Protections (b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. Applicable to Transit Operations a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Subrecipient agrees to comply and assures that each Third Party Participant will comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): (1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto involve public transportation operations and are supported with federal assistance appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL is a condition of the underlying Agreement and that the Subrecipient must comply with its terms and conditions. (2) Special Warranty. When its Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the T ribal Transit Program. The Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and the Subrecipient must comply with its terms and conditions. (3) Special Arrangements for Agreements for Federal Assistance Aut horized under 49 U.S.C. § 5310. The Subrecipient agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate. Section 28. Charter Service. (a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal Charter Service regulations, federal requirements, or federal guidance. (b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA has established the following additional exceptions to those restrictions: Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 64 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 41 of 46 Version 10/23/19 (1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)- type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal assistance for FTA program purposes only, and (2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for program purposes only. (c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604, appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. Section 29. School Bus Operations. (a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal requirements, or applicable federal guidance. (b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation of FTA’s School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant from receiving federal transit assistance. From Section 35 Substance Abuse c. Alcohol Misuse and Prohibited Drug Use. (1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR part 655; and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR part 40. (2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. Applicable to Planning, Research, Development, and Documentation Projects Section 17. Patent Rights. a. General. The Subrecipient agrees that: (1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the Subrecipient or Third Party Participant produces a patented or patentable invention, improvement, or discovery; (2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to practice with federal assistance provided through the underlying Agreement; or (3) When a patent is issued or patented information becomes available as described in the preceding section 17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and provide a detailed report satisfactory to FTA. b. Federal Rights. The Subrecipient agrees that: (1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements, and guidance, including any waiver thereof, and (2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any Third Party Participant as a large business, small business, state government, state instrumentality, local government, Indian tribe, nonprofit organization, institution of hig her education, or individual, the Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 65 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 42 of 46 Version 10/23/19 Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR part 401. c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with applicable federal requirements. Section 18. Rights in Data and Copyrights. (a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar informatio n used for performance or administration of the underlying Agreement. (b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: (1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so. (2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal use, an institution of higher learning, the portion of subject data that the Federal Government has previously released or approved for release to the public, or the portion of data that has the Federal Government’s prior written consent for release. (c) Federal Rights in Data and Copyrights. The Subrecipient agrees that: (1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non- exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes, and (2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non- exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. (d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research, development, demonstration, deployment, technical assistance, or special studies program is to increase transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third Party Participants. Therefore, the Subrecipient agrees that: (1) Publicly Available Report. When an Award providing federal assistance for any of the programs described above is completed, it must provide a report of the Agr eement that FTA may publish or make available for publication on the Internet. (2) Other Reports. It must provide other reports related to the Award that FTA may request. (3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal Government determines otherwise in writing. (4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary information submitted to FTA. (5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal assistance for the Award becomes “subject data” and must be delivered as the Federal G overnment may direct. (6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or program that is both for the Subrecipient’s use and acquired with FTA capital program assistance. (e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with federal applicable requirements. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 66 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 43 of 46 Version 10/23/19 (f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation unde r the preceding section occurs from any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify, save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers, employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by applicable state law. (g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23)) pertaining to rights in data either implies a license to the Federal Government under any patent, or may be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. (h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section generally does not apply to data developed without federal assistance, even though that data may have been used in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect data developed without federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or “Confidential.” (i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be required to release data and information the Subrecipient submits to the Federal Government as required under: (1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552, (2) The U.S. DOT Common Rules, (3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required publications and associated digital data sets as such terms are defined in the DOT Public Access plan. Additional information about how to comply with the require ments can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or (4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the Award, the accompanying Agreement, and any Amendments thereto. Miscellaneous Special Requirements From Section 12. Civil Rights. (e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows: (1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with: (i) Section 11101(e) of IIJA; (ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR part 26; and (iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement. (2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that: (i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FT A-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR part 26; and (ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third party contract, and notify FTA that this information has been attached to FTA’s electronic award management system. The Subrecipient must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance. As required by 49 CFR § 26.13(a): (i) Recipient Assurance. The Subrecipient agrees and assures that: Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 67 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 44 of 46 Version 10/23/19 (A) It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 CFR part 26; (B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts; (C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement; and (D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance . The Subrecipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: (A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 CFR part 26; (B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable; (C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their subagreement, third party contract, or third party subcontract, as applicable; and (D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. From Section 12. Civil Rights. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 68 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 45 of 46 Version 10/23/19 (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATB CB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609, (xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and nondiscrimination regulations and guidance . Section 16. Procurement. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regu lations, requirements, and guidance. State Requirements Section 37. Special Notification Requirements for States. (a) Types of Information. To the extent required under federal law, the State, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and (3) The amount of federal assistance FTA has provided for a State Program or Project. (b) Documents. The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 69 Contract Number: 25-HTR-ZL-00060 / 491003737 Page 46 of 46 Version 10/23/19 EXHIBIT E, VERIFICATION OF PAYMENT This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist is provided as guidance and is subject to change by State. State shall provide notice of any such changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to reimburse Subrecipients as quickly as possible and a well organized and complete billing packet helps to expedite payment. Verification of Payment – ✓ General Ledger Report must have the following: Identify check number or EFT number; If no check number is available, submit Accounts Payable Distribution report with the General Ledger; In-Kind (must be pre-approved by State) and/or cash match; Date of the report; Accounting period; Current period transactions; and Account coding for all incurred expenditures. ✓ If no General Ledger Report, all of the following are acceptable : copies of checks; check registers; and paycheck stub showing payment number, the amount paid, the check number or electronic funds transfer (EFT), and the date paid. ✓ State needs to ensure that expenditures incurred by the local agencies have been paid by Party before State is invoiced by Party. ✓ Payment amounts should match the amount requested on the reimbursement. Additional explanation and documentation is required for any variances. In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by State prior to any Work taking place. ✓ If in-kind or cash match is being used for the Local Match, the in-kind or cash match portion of the project must be included in the project application and the statement of work attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind or cash match, but State does. ✓ General ledger must also show the in-kind and/or cash match. Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State prior to applying it to the reimbursements. ✓ If indirect costs are being requested, an approved indirect letter from State or your cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The letter must state what indirect costs are allowed, the approved rate and the time period for the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements. ✓ Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR §200. 19, that verifies fringe benefit, or ✓ Submit the following fringe benefit rate proposal package to State Audit Division: Copy of Financial Statement; Personnel Cost Worksheet; State of Employee Benefits; and Cost Policy Statement. Docusign Envelope ID: 4DB59899-50AE-438E-B1F2-1CD779AE6703 70 AGENDA ITEM NO. 4.4 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:20pm) SUBJECT:Authorization to Lease Hamlet Chalet Townhome, 2014 West Gore Creek Drive, Unit 3 SUGGESTED ACTION:Authorize the Mayor to execute a lease agreement, in a form approved by the Town Attorney, with Jones Richard Caudle II and Louise Alice Herbert, to lease the property located at 2014 West Gore Creek Drive, Unit 3, Vail, CO 81657, in an amount not to exceed $14,968.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Memo on Lease Agreement Hamlet Chalet #3.pdf 71 To: Vail Town Council From: Jason Dietz, Housing Director Martha Anderson, Senior Housing Coordinator Date: October 15, 2024 Subject: Authorization to Lease Hamlet Chalet Townhome, Unit 3, 2014 West Gore Creek Drive Unit 3, Vail, Colorado 81657 1.SUMMARY The purpose of this action item is to request Town Council’s approval to execute an agreement with Jones Richard Caudle III and Louise Alice Hurlburt to lease the property located at 2014 West Gore Creek Drive Unit 3 for an amount not to exceed $14,968. 2.BACKGROUND On October 1, 2024, the Vail Town Council authorized the purchase of Hamlet Chalet Townhome, Unit 3 with a property address of 2014 West Gore Creek Drive Unit 3, Vail, Colorado 81657. The seller used his right to request an accelerated closing date within the forty- five-day notification to the Town of Vail and the closing is now set for January 2, 2025. Town staff plans to lease the Hamlet Chalet Townhome commencing on November 1, 2024, and ending on January 2, 2025, when the Town of Vail is expected to take title. The monthly lease payment will be $7,250 and the Town of Vail will be responsible for paying monthly utilities and maintenance while the landlord will pay monthly HOA dues and property taxes up until the point of sale. Monthly rental payments will be deducted from the purchase price at time of closing. The Town of Vail will be subleasing this 3-unit townhome to Town of Vail employees. 3.ACTION REQUESTED The Town Council is requested to make a motion to direct the Mayor to execute a lease agreement with Jones Richard Caudle III and Louise Alice Hurlburt for an amount not to exceed $14,968 to lease the property located at 2014 West Gore Creek Drive Unit 3. 72 AGENDA ITEM NO. 4.5 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:20pm) SUBJECT:Contract Award to RythmEFX for the Construction of Kringle Crossing Houses for Lionshead Village Holiday Activation SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with RythmEFX for the construction of Kringle Crossing houses for Lionshead Village holiday activation, in an amount not to exceed $67,165.86. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - 10-15-2024 Kringle Crossing Lionshead Contract 73 To: Vail Town Council From: Economic Development Department Date: 10/15/2024 Subject: Agreement for the construction of four new Kringle Crossing structures to bring the activation to Lionshead PURPOSE The purpose of this memo is to provide background information on the purchase of four new Kringle Crossing structures. BACKGROUND In 2023, the Town of Vail developed a new holiday activation in Vail Village through the construction of eight miniature structures, themed as a “Santa’s Village”. Kringle Crossing was installed on the International Bridge in Mid-November and through early January, was the home of various activations including “Smile with Santa” photos, Silent Discos, and the Kris Kringle Market. The activation was well received and received positive coverage from various news and media outlets. Based on the success of the program in its first year, the activation is being expanded to include Lionshead Village. Four new Kringle Crossing structures have been commissioned from RythmEFX, who custom designed and built the first eight structures. The new structures, with themes including a ski patrol hut, ski tuning workshop, and more will include more interactive elements to engage younger members of our community. RythmEFX will also be enhancing and reimagining a few of the original structures to increase interactivity and enjoyment for visitors to Kringle Crossing. The quote from RythmEFX for the new construction and enhancements to the original structures is $67,165.86, which includes four new structures, transitioning the original gingerbread house to a “snow village café”, re-theming Frosty’s Café to a Sleigh Repair station, and other interactive elements. The full amount is currently budgeted in the 2024 town produced account but will be transferred to Capital in the final 2024 supplemental. ACTION REQUESTED OF COUNCIL Authorize the town manager to execute an agreement, on a form approved by the town attorney, with RythmEFX for the construction enhancements of Kringle Crossing structures, in an amount not to exceed $67,165.86. 74 AGENDA ITEM NO. 4.6 Item Cover Page DATE:October 15, 2024 SUBMITTED BY:Steph Johnson, Public Works ITEM TYPE:Agreement AGENDA SECTION:Consent Agenda (6:20pm) SUBJECT:Contract Award to Weston Landscape Design Inc. for 2024-2025 Contracted Snow Removal SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney, with Weston Landscape Design Inc. for the 2024-2025 Contracted Snow Removal, in an amount not to exceed $103.140.00 VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CouncilMemo10-15-24 75 To:Vail Town Council From:Public Works Department Date:October 15, 2024 Subject:Snow Removal Contract Award I.SUMMARY The Town requested bids from contractors to provide winter snow removal services at Donovan park, the Vail Golf Course Clubhouse, and along various sidewalks and stairs where Town equipment cannot access. The Town received one bid from Weston Landscape and Design. Vail Clubhouse $24,300 Donovan Park $27,000 Sidewalks & Stairs $51,840 $103,140 II.RECOMMENDATION Town staff recommends that the Town Council direct the Town Manager to enter into a Contract with Weston Landscape and Design, Inc. in a form approved by the Town Attorney, in the amount of $103,140. 76 AGENDA ITEM NO. 5.1 Item Cover Page DATE:October 15, 2024 TIME:20 min. SUBMITTED BY:Stephanie Bibbens, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:20pm) SUBJECT:Recommended Final Components of the Winter 2024-2025 Parking Program (6:20pm) SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):Greg Hall, Public Works and Transportation Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 101524 77 1 TO: Vail Town Council FROM: Parking and Mobility Task Force Greg Hall, Director of Public Works, and Transportation Stephanie Kashiwa Parking Operations Manager DATE: October 15, 2024 SUBJECT: Recommended Final Components of the Winter 2024-2025 Parking Program I. SUMMARY The purpose of this item is to: Provide Town Council with an update on the Parking and Mobility Task Force (P&MTF) discussion regarding early winter transit operations. Provide recommendations for changing the parking violations fines, specifically for restricted overflow parking area from Vail Valley Drive to the Main Vail roundabout. Request Town Council review the recommended adjustments and decide on a course of action. II. BACKGROUND The Vail Parking & Mobility Task Force met on September 26, to review potential transit enhancements during the early winter portion of the season, November 15, 2024- December 8, 2024. This was in response to suggestions if the service could be slightly improved this year. A second discussion item was a review of the parking fines for violation of the no parking area across from the Vail Transportation Center. This area from Vail Valley Drive to the Main Vail Roundabout this last summer was a no parking area during overflow days and will continue as a no parking area for this winter as well. The current parking violations are $50 first offense, $100 second offense and $150 third offense per season. Staff presented alternatives to both the transit enhancements and the parking violation actions. III. TASK FORCE FURTHER CONSIDERATIONS FOR WINTER 2024-2025 Early Season Transit Enhancements Staff sees the East Vail, Sandstone, and Lionsridge Loop routes as the areas with the most potential for service enhancements. Re-envisioning how Ford Park is served can also 78 2 improve efficiency within the system. Below is the current Early Winter frequency for the selected routes. Of note is that all Lionsridge Loop and Ford Park trips are operated with same driver/bus. Staff has developed two potential service enhancements options: 1. Add two additional East Vail trips an hour, an additional Sandstone trip, and hourly Lionsridge Loop service during the morning and afternoon peak periods. 2. Add two additional Hiker Express trips an hour, an additional Sandstone trip, and hourly Lionsridge Loop service during the morning and afternoon peak periods. Each option would eliminate the Ford Park/Lionsridge Loop shift and add two ten hour split shifts for a net increase of one additional ten hour shift a day. Instead of Ford Park having a dedicated route it would instead be served by increased East Vail service. The total project cost for both options is $25,000 for the entire Early Winter timeframe. OPTION 1- ADDITIONAL EAST VAIL SERVICE This option would increase East Vail service to every 15 minutes during the morning and afternoon peaks (span of service shown below). There would be an additional Sandstone at XX:25 and an hourly Lionsridge Loop at XX:55. This option provides the most straight forward enhancements in East Vail while trips in Sandstone/Lionsridge Loop are less evenly spaced. 79 3 Span of Service: Enhanced East Vail 6:45A-11:30A, 2:30P-6:00P Enhanced Sandstone 7:25A-10:25A, 3:25P-6:25P Lionsridge Loop 7:55A-10:55A, 2:55P-5:55P OPTION 2- ADDITIONAL HIKER EXPRESS SERVICE Option 2 would add two additional Hiker Express trips an hour during the morning and afternoon peak periods (span of service shown below). There would an additional Sandstone at XX:15 and an hourly Lionsridge Loop at XX:50. This option provides slightly more complex service in East Vail. It would operate very much like summer with the Hiker Express only serving Bighorn Road stops and the layered East Vail/Hiker Express service having slightly uneven headways. It does provide more even headways for Sandstone/Lionsridge Loop. Span of Service: Hiker Express 6:45A-11:30A, 2:30P-6:00P Enhanced Sandstone 7:15A-10:15A, 3:15P-6:15P Lionsridge Loop 7:50A-10:50A, 2:50P-5:50P Either option was approximately the same cost. Either option would cost $ 25,000 for providing the service over the 24 day period. The task force recommended option 2. Parking Violations Review A review of current parking fines and potential adjustments should occur prior to the beginning of the winter season. This would assist in violations occurring as the roadside 80 4 across from the Vail Village Transportation Center is eliminated for overflow parking, as well as address the rise in parking costs compared to the stagnant parking violation costs. The main issue is the current first-time parking violation fine is only $10 more than a day of Peak Parking, there is little deterrent for what is considered desirable parking compared to more outlying allowed overflow when it occurs. The Task Force reviewed options for citations for parking on frontage road when overflow parking has not been released or parked in a ‘No Parking’ area on the frontage road: Leave as is: $50 ticket, $75 for second offense, $150 for third offense in a year. Raise price of parking violation tickets Tow only policy. The Task Force recommend raising the road parking citation to double the Solaris daily rate and mimic the current EV parking citation fine. It was felt this would be significant deterrent and encourage using other public parking verses receiving a significant fine over the current $10 differential. This would require the passage of an Ordinance to change the current parking violation. The violation should be implemented as a special enforcement area like the Booth Creek Neighborhood. That fine structure, for a first offense is $100 versus the $150. In the end implementing a tow policy within the Booth Creek special enforcement area greatly reduced violations over an increased fine structure. V. ACTION REQUESTED Provide direction to the staff regarding the recommended early winter 2024 transit enhancement plan with approval of an additional $25,000 to be added to the next supplemental budget. Provide direction to the staff on Parking Violation modifications, specifically for the area from Vail Valley Drive to the Main Vail roundabout. Direct staff to return with an Ordinance regarding necessary changes to be implemented this winter. 81 AGENDA ITEM NO. 5.2 Item Cover Page DATE:October 15, 2024 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Action Items (6:20pm) SUBJECT:Resolution No. 44, Series of 2024, A Resolution Accepting a Donation of Real Property (6:40pm) SUGGESTED ACTION:Staff recommends the Town Council return this item back to the Open Space Board of Trustees for further discussion. The memo on this topic is from the previous meeting and is provided for reference. PRESENTER(S):Kristen Bertuglia, Environmental Sustainability Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Potato Patch Group parcel donation 100124 memo Resolution No 44, Potato Patch Donation 100124 final 2024-08 Potato Patch Group parcel Donation Potato Patch Group Parcel - Map 82 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: 83 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 84 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 85 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 86 (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 87 (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 88 Potato Patch Group LLC Parcel DonationOctober 1, 2024 89 AGENDA ITEM NO. 5.3 Item Cover Page DATE:October 15, 2024 TIME:20 min. SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:20pm) SUBJECT:Resolution No. 47, Series of 2024, A Resolution Renaming the Street Segment of Matterhorn Circle between Matterhorn Neighborhood and Tract A of Glen Lyon Subdivision to Blue Rose Lane (6:45pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 47, Series of 2024. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Staff Memo Attachment A. Name Change Request Attachment B. Resolution No. 47 Attachment C. Vicinity Map 90 To: Town Council From: Community Development Department Date: October 15, 2024 Subject: Resolution No. 47, Series of 2024 Applicant: Alura Vail LLC, represented by Franklin Boyer Planner: Greg Roy I. SUMMARY Town Staff received a request to change the name of a portion of a street within the Town of Vail. The property owner of 1488 Matterhorn Circle, the Alura Vail LLC, is served by a dead-end portion of Matterhorn Circle as seen below. The request is to rename the dead-end portion of the street to Blue Rose Lane. No other properties take access off of this portion of Matterhorn Circle and no other 91 Town of Vail Page 2 property would have the address of Blue Rose Lane except for this one parcel. The applicant reached out to the Town with this request as they are the only property served by this portion of the street and desired to have a unique name for their section. II. BACKGROUND Street name change procedures were established in 1985 by Ordinance No. 7, Series of 1985. As the addressing entity the Town has the right to establish street names and addresses for properties in town. Per the procedures set, staff routed the request to applicable Town departments and other agencies in the County to ensure there would be no conflict with the proposed name change. There were no objections from any Town departments or other agencies. The applicant has submitted the request, Attachment A, for review by Town Council. III. RECOMMENDATION Town Council shall approve, approve with modifications or deny Resolution No. 47, Series of 2024. “I move to approve Resolution No.47, Series of 2024.” IV. ATTACHMENTS A. Name Change Request B. Resolution No. 47, Series of 2024 C. Vicinity Map 92 A formal request to change a street name: Issue: There is an inappropriately named section of Matterhorn Circle. It should be a lane. As the only person with any current interest in the name of the street, I would like to name it Blue Rose Lane. Here’s why: Street naming convention requires this lane to have a name different than the circle, and this convention was applied just down the road where Lucerne Lane turns off Matterhorn Circle. I realize that naming a street is a lot of responsibility and I have given this a fair amount of consideration. To begin with, I wanted to stick with the neighborhood theme of things that had the same German/Swiss inspiration. Though it lacked a true style and was a bit of a word association game (Matterhorn (a mountain) Lucerne (a town) Alpine (a climate) I settled on trying to find something that related back to the overall environment. Depending on where you are in the world, that famous mountain peak takes on its own identity. In Switzerland they use the German name Matterhorn (which translates into Meadow Peak) while in Italy that same mountain is known as Cervino and in France, Matterhorn is Cervin. It was the last great Alpine peak to be summited in 1865 and its ascent marked the end of the golden age of alpinism. I know this because I spent many nights researching, listing, conjugating and translating all things associated with Matterhorn and the surrounding area until I landed on something I feel is undeniably special: the Veilchenblau. The Veilchenblau is a beautiful, almost thornless climbing rose that can survive in alpine conditions. These Veilchenblau , or blue roses, appear in various European artworks, often symbolizing something fantastical or surreal. During the Romantic period in Europe, the blue rose became associated with the Romantic ideal of striving for the unreachable, embodying the emotional depth and yearning for the extraordinary that characterized much of the art and literature of the time and they are used in modern European art as a way to evoke a sense of wonder or challenge traditional perceptions of beauty and nature. Now, obviously, a Veilchenblau lane would be absurdly confusing in our little town, however, the direct translation of this would make a lot of sense. Ergo: Blue Rose Lane. Simple to say, easy to remember, and not easily confused with any other street names in Vail – all while giving a nod to the neighborhood, mountain, and language from which it came Additionally: While we’re at it, and though it would impact more people besides me, we should consider renaming Matterhorn Cir to Meadow Peak Circle. Vail is a destination unto itself and there is no need to rely on former associations with distant mountains when we have one of the best ski areas in the world. Meadow Peak would give a nod to the tradition of Matterhorn while providing a far more intuitive name. 93 10/7/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/RESOLUTIONS/2024/RESOLUTION NO. 47 SERIES OF 2024/BLUE ROSE LANE- R100724.DOCX RESOLUTION NO. 47 SERIES OF 2024 A RESOLUTION RENAMING THE STREET SEGMENT OF MATTERHORN CIRCLE BETWEEN MATTERHORN NEIGHBORHOOD AND TRACT A OF GLEN LYON SUBDIVISION TO BLUE ROSE LANE WHEREAS, in accordance with Section 4 of Ordinance No. 7, Series of 1985, providing the procedure for requesting a new or different address, the property owner whose property is accessed on the segment of Matterhorn Circle between Matterhorn Neighborhood and Tract A of Glen Lyon Subdivision has requested that the Town change the name of this street segment to Blue Rose Lane; WHEREAS, Town staff supports the name change; and WHEREAS, the agencies outside of the Town have been notified of the proposed name change and have expressed no objection to the name change. NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The street segment of Matterhorn Circle between the Matterhorn Neighborhood and Tract A of Glen Lyon Subdivision is hereby renamed Blue Rose Lane. Section 2. The Community Development Department will assign the appropriate change to the current address map on file. INTRODUCED, READ, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER, 2024. _______________________________ Travis Coggin, Mayor ATTEST: _________________________________ Stephanie Kauffman, Town Clerk 94 Subject stree tsegment Hobbit Hill Condos Eagle Point Condos Alura Condos(under construction) GREENHILL CT MATTERHORN CIR W E S T H A V E N C I R W E S T H A V E N D R I Subject Property 0 50 100 150 20025Feet P r o p o s e d S t r e e t N a m e C h a n g eProposed S t r e e t N a m e C h a n g e This map was crea te d b y th e Town of Va il GIS Team. Use of this map should be for general purposes only.The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re shown, parcel lin e w ork is ap pro ximate)Last Modified: October 7, 2024 "B l u e R o s e L a n e ""B l u e R o s e L a n e " 95 AGENDA ITEM NO. 6.1 Item Cover Page DATE:October 15, 2024 TIME:30 min. SUBMITTED BY:Heather Knight, Community Development ITEM TYPE:Action Items AGENDA SECTION:Public Hearings (7:05pm) SUBJECT:Ordinance No. 14, Series of 2024, First Reading, A Major Amendment to Special Development District No. 4, Cascade Village, and Specifically Approving Amendments to the Development Plan for Area B, Coldstream Condominiums, Cascade Village (7:05pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No.14, Series of 2024 upon first reading. PRESENTER(S):Heather Knight, Planner II VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ordinance 14 Staff Memorandum Attachment A. Ordinance 14 Coldstream Attachment B. Coldstream Condos - Vicinity Map Attachment C. Applicant Narrative Attachment D. Coldstream SDD Public Benefit Attachment E. Coldstream Plan Set Attachment F. Coldstream Site Grading Plan 10-3-24 Attachment G. Title Commitment Attachment H. PEC24-0017 Staff Memo Attachment I. PEC 26August2024 Minutes Attachment J. 2012 PEC Memo and Worksession Attachment K. PEC Minutes, September 24, 1990 Attachment L. Town Council Minutes, October 2, 1990 Attachment M. Ordinance 14 Staff Presentation Attachment N. Ordinance 14 Coldstream Applicant Presentation 96 TO: Vail Town Council FROM: Community Development Department DATE: October 15, 2024 SUBJECT: First reading of Ordinance No. 14, Series of 2024, an ordinance for a major amendment to Special Development District No.4, Cascade, pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and setting forth details in regard thereto. (PEC24-0017) Applicant: Coldstream Ltd., represented by Sean Hanagan of High Summit Planning Planner: Heather Knight I. SUMMARY The applicant, Coldstream Ltd., represented by Sean Hanagan of High Summit Planning, is requesting a major amendment to a Special Development District, pursuant to Section 12-9-A, Special Development (SDD) District, Vail Town Code, located in Special Development District No.4, Cascade Village, at the property of 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision. The Planning and Environmental Commission held a public hearing on the proposed SDD changes on August 26, 2024 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 5-1 (Smith opposed). II. DESCRIPTION OF REQUEST The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2024, upon first reading. Attached for review are: A. Ordinance No.4, Series of 2024 B. Vicinity Map C. Applicant Narrative 97 Town of Vail Page 2 D. Applicant Public Benefit Letter E. Plan Set, May 9, 2024 F. Site Grading Plan, October 3, 2024 G. Title Commitment H. Staff Memorandum – PEC24-0017, August 26, 2024 I. PEC Meeting Minutes, August 26, 2024 J. 2012 PEC Memo & Worksession K. PEC Minutes, September 24, 1990 L. Town Council Minutes, October 2, 1990 M. Ordinance 14 Staff Presentation N. Ordinance 14 Applicant Presentation Changes to SDD No. 4 Cascade Village The proposed changes to SDD #4 include an increase in GRFA and a reduction in the side setback. In SDD #4, Area B, the GRFA allowance is limited to the approved development plan of the area rather than a set determined number whereas the setback allowance is a set number of 20 feet. No GRFA remains in the current amendment to the SDD, so the applicant is seeking a deviation to the current amount to account for the proposed dwelling units. For the setback deviation, the proposed garage extends into the setback within five feet of property line but is buried along the south property line to minimize impacts to off-site neighbors. Above grade, the units will step back to accommodate the current setback stated in the SDD (20’-0”). Public Benefit 2024 Per Section 12-9A-9, “Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation.” Public benefit proposed as part of the 2024 proposal will include a pledge to contribute $100,000 to the Town of Vail’s recreation path or to the Housing General Fund, pending Town Council direction. Additional details regarding the applicant’s proposed public benefit can be found in Attachment D (Applicant Public Benefit Letter). III. BACKGROUND Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 4 Series of 1976. At least twenty amendments have occurred between 1977 and 2008. The subject property was a Planned Unit Development under Eagle County jurisdiction then annexed in 1975. SDD No. 4 includes the following areas: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single-Family Lots Area D Glen Lyon Commercial Site 98 Town of Vail Page 3 Area E Tract K The entire Cascade Village SDD is approximately 97.5 acres. Coldstream itself is situated on an approximately 4.21-acre (+/-183,479 sf) parcel designated as Area B. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on underlying zoning, there is no underlying zoning for Cascade Village. Uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. The Coldstream Condominium development was completed in 1981 and included 45 dwelling units. In September 1990, PEC approvals were granted for amendments to the SDD which provided for an increase in gross residential floor area. Specifically, the PEC approval for an increase in gross residential floor area was tied to the following conditions: 1. The density of the project shall be reduced from 65 units to 45 free market units (the number of free market units existing). and three permanently restricted "employee" units, for a total of 48 units allowed. 2. If any change is made to the racquet ball facility in the future, 2 employee units shall be included in the facility. However, at the October 2, 1990 Town Council meeting, the first reading of this Ordinance (Ordinance No.33, Series of 1990) was presented and a motion to deny was unanimously passed by Town Council. It was noted that additional GRFA was not the issue, rather it was linked to discussions regarding employee housing. The minutes from the PEC and Town Council meetings are attached to this memo. In 2011, there was a PEC application and subsequent work session that included a revised parking garage, residential units and two employee housing units that resulted in an increase in GRFA and reduced side setbacks. The PEC’s comments were generally supportive of the re-development concept yet provided constructive feedback regarding several design aspects of the project. In 2012, a second PEC work session took place with the same components as 2011. The PEC noted the need for additional landscaping, concerns regarding the side setback decrease, concerns regarding the partially exposed parking structure and increased public benefit beyond providing two EHUs onsite. This work session also resulted in a stalled project due to budget constraints. In early 2024, the project again resurfaced, and the applicant and PEC engaged in another work session. The PEC encouraged adding a second EHU on the property as was proposed in 2011. Comments were positive regarding the garage location into the setback, as it is below grade at the point of encroachment. Significant landscaping has been added to minimize the appearance of the garage from neighboring properties. This was positively noted by the PEC. The current proposed changes to the SDD include an increase in GRFA and a reduction 99 Town of Vail Page 4 in the side setback allowance. Based on the current allowable GRFA standard, no GRFA remains in the Area B of SDD No.4, so the applicant is asking to adjust the amount which was based off previous development plans. GRFA allowance is limited to the approved development plan of the area rather than a set determined number whereas the setback allowance is a set number of 20 feet. The proposed garage extends into the setback within five feet of property line but is buried along the south property line to minimize impacts to off-site neighbors. Above grade, the units will step back to accommodate the required setback. Major elements of the re-development plans include: • The removal of the surface parking, tennis court, clubhouse building and open carports on the south end as well as those on the north side. • Build an enclosed, minimally heated garage to replace existing carports and surface parking, plus two (2) spaces for each new unit, including EHU. Entrance to the garage is on the north side due to the slope of Westhaven Drive and the access drive and exit is at the west end. • Build five (5) duplex units plus one EHU on top of the garage to help pay for the garage, with a total of five market units at slightly over 2,000 SF and one for-sale EHU at 1,200 SF. • Roof of garage to step down with grades of adjacent drive. • Roof of garage to be fully landscaped except at west end where adjacent Owners have requested, to stay as low as possible. • Access to all units to be via exterior heated stairs. Dwelling units will also have individual elevators from garage to both living levels. • The east end of the garage building will be used for Owner storage, maintenance, and HOA storage. • Three exterior parking spaces at the east end will be used as short-term parking and EV charging (2). • Entrance to Coldstream from Westhaven Drive will be widened and re- landscaped to make it easier to come and go. Existing sign to remain. The proposed amendment was recommended for approval by the PEC at the August 26, 2024 meeting by a vote of 5-1 (Smith opposed). The PEC comments were positive regarding the setback and GRFA shift, commenting that the setback ask is mitigated because it’s below grade. In addition, the project is still well under allowable density regarding dwelling units. The PEC also noted that the EHU square footage is going beyond the minimum requirement. IV. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural 100 Town of Vail Page 5 design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Materiality and scale of the proposed units above the parking garage is consistent with the other buildings in the Coldstream development. The overall height of the proposed buildings also meets the standards set by this SDD. The parking garage is set under grade level and the roof of the garage will step down with the grades of adjacent drive. The roof of garage will be fully landscaped except at the west end where adjacent Owners have requested it stay as low as possible. At the south property line, much of the parking garage would be below grade and at the highest point would only extend 6-8 feet above grade. Staff finds this criteria to be met. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The existing racquetball facility and tennis courts need repair and are underutilized. This is an excellent location for fully enclosed parking and additional dwelling units, including one EHU. Per the SDD, 50% of the required parking shall be hidden from public view from adjoining properties within a landscaped berm. In addition, since this area of the SDD borders the High-Density Multiple Family zone district, the density is well under those standards set in that district. The adjacent properties to the south, Eagle Pointe Condominiums and Park Meadows, are zoned HDMF. The scale of this proposed development is similar to the existing Coldstream development and utilizes an area that needs maintenance attention. Staff finds this criteria to be met. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Per the SDD, 50% of the required parking shall be hidden from public view from adjoining properties within a landscaped berm. There are currently 77 parking spaces at Coldstream. These spaces include surface spaces, parking in carports and garage parking within individual units. The parking requirement for the proposed project would involve replacing any existing parking displaced by the project and providing parking for the new dwelling units. The proposed addition creates a requirement for 12 new spaces (10 for the five condominiums and 2 for the EHU). Proposed improvements displace 48 existing surface and carport spaces. The proposed parking garage is designed for 61 parking spaces and 3 new surface spaces. The total number of parking spaces site-wide would be 93 spaces. Since 61 spaces would be in the proposed parking garage, these new spaces would account for 66% of the total parking. This would satisfy parking requirements. 101 Town of Vail Page 6 Staff finds this criteria to be met. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Vail Land Use Plan: The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Land Use Plan Designation: High Density Residential This area includes apartments and condominiums at densities of over 18 dwelling units per acre. 102 Town of Vail Page 7 Staff believes the proposed development generally furthers the above referenced goals, objectives and policies and, therefore, is in general compliance with the Vail Comprehensive Plan. Staff finds this criteria to be met. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural or geologic hazards in the proximity of this development. Staff finds this criteria to be met. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed site plan is responsive to its location and the grade change on the site. The parking garage is set under grade level and the roof of the garage will step down with the grades of adjacent drive. The roof of garage is proposed to be fully landscaped except at the west end where adjacent Owners have requested the project stay as low as possible. The dwelling units above the parking garage are stepped back from the property line to allow for light, air and space between the units and the adjacent development. This proposed development will replace the existing deteriorating tennis, racquet, and parking facilities on the site and bring the south end of the Coldstream development up to current standards for design and aesthetic value. Staff finds this criteria to be met. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The entrance to Coldstream from Westhaven Drive will be widened and relandscaped to improve ingress and egress. The driveway internal to the site is of appropriate size per Fire Department standards yet maintains the overall scale and feel throughout the development. The access to all new units to be via exterior heated stairs. Dwelling units will also have individual elevators from garage to both living levels. Staff finds this criteria to be met. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 103 Town of Vail Page 8 The total landscaping of the entire site will increase from +/- 48% to +/-50%, which meets the standards set by the SDD. The garage roof will be primarily landscaped so it blends with the natural environment. At the south property line, the majority of the parking garage would be below grade and at the highest point would only extend 6-8 feet above grade. All new landscaped areas will meet TOV Wildfire standards. Staff finds this criteria to be met. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed development will be completed in a single phase while still maintaining access to the existing units. Staff finds this criteria to be met. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 14, Series of 2024, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 14, Series of 2024 an ordinance for a major amendment of Special Development District No.4, Cascade Village, pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Vail Town Code, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2024, the Planning and Environmental Commission recommends the Council makes the following findings: “Based upon the review of the criteria outline in Section Vlll of the Staff memorandum to the Planning and Environmental Commission dated August 26, 2024, and the evidence and testimony presented, the Vail Town Council finds: 1. That the SDD complies with the standards listed in subsection (A) of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; 104 Town of Vail Page 9 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. ATTACHMENTS A. Ordinance No.4, Series of 2024 B. Vicinity Map C. Applicant Narrative D. Applicant Public Benefit Letter E. Plan Set, May 9, 2024 F. Site Grading Plan, October 3, 2024 G. Title Commitment H. Staff Memorandum – PEC24-0017, August 26, 2024 I. PEC Meeting Minutes, August 26, 2024 J. 2012 PEC Memo & Worksession K. PEC Minutes, September 24, 1990 L. Town Council Minutes, October 2, 1990 M. Ordinance 14 Staff Presentation N. Ordinance 14 Applicant Presentation 105 1 ORDINANCE NO. 14 SERIES OF 2024 AN ORDINANCE APPROVING A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, AND SPECIFICALLY APPROVING AMENDMENTS TO THE DEVELOPMENT PLAN FOR AREA B, COLDSTREAM CONDOMINIUMS, CASCADE VILLAGE WHEREAS, Section 12-9A-10 of the Vail Town Code permits major amendments to previously approved Development Plans for Special Development Districts; WHEREAS, on May 13, 2024, Coldstream Ltd., represented by Sean Hanagan of High Summit Planning ("Applicant") filed an application for a major amendment to Special Development District No. 4, Cascade Village, and specifically to amend the Development Plan for Area B, Coldstream Condominiums (the "Application"); WHEREAS, on August 26, 2024, the Planning and Environmental Commission (the "PEC") held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on October 15, 2024, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the Application and the Planning Commission recommendation, hearing the statements of Town staff and the public, and giving due consideration to the matter, finds and determines as follows: a. The Application complies with all applicable criteria set forth in Vail Town Code; and b. The Town Council hereby approves the Major Amendment to Special Development District No. 4, Cascade Village, as provided in Section 2 hereof. Section 2. The Development Plan for Area B, Coldstream Condominiums, Cascade Village, is hereby amended as follows: a. The GRFA for all buildings shall not exceed 78,000 square feet. b. Required setbacks are set forth in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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. 106 2 Section 4. 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 5. The amendment of any provision of the 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 6. 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 15th day of October 2024 and a public hearing for second reading of this Ordinance set for the 5th day of November 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 5th day of November 2024. __________________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 107 3 EXHIBIT A 108 -���frf;'r; I op e J O I O : ) 'i ! B f l 'U O ! S ! A!p q n s UO A l Ua l E ) '£ S 10 7 aA! JO ua A e t n s a M 9L v l uo m p p \ f we a J J s p 1 0 : > � n 5 � E �� �� � �( 1 '- l � l f 6 �� · 1 . � 0 �' t . �, � �� �� 1 - it �� � -- � �� ·��i . . ◊ -•• l ·��i • �& ' •• t�n •h�, �� i' s . • t' -' � [ ' . , \ .-�,_t r� '.." ·.11· \ -- � '1 ', ·, i �� ' � & ; \l l � ,_ . , , , , �� c::, 'I � • D� � :_ � . . . . . : � �" " r::: VJ -� N � '-C -00 10 9 I 70 E astb o u n d S F R O N T A G E R D W WESTHAVEN DR I 70 W estb o u n d WESTHAVEN C I R GREENHILLCTMATTERHORN CIR N F R O N T A G E R D W I Subject Property 0 50 100 150 20025Feet P E C 2 4 -0 0 1 7PEC24-0 0 1 7Amendement t o S D DAmendement t o S D D 1 4 7 6 W e s t h a v e n D r i v e1476 W e s t h a v e n D r i v eColdstream C o n d o m i n i u m sColdstream C o n d o m i n i u m s This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: July 2, 2024 110 Coldstream Condominiums SDDAmendment 1 Coldstream Condos Cascade Village SDD Amendment June 10, 2024 111 Coldstream Condominiums SDDAmendment 2 Over the past 40 years the Coldstream Condominium Owners Association has taken many steps to continually upgrade and improve their community. Recently the Association has been evaluating the feasibility of implementing a relatively small but important improvement program that would involve the addition of five new residential units, one EHU and a number of other on-site improvements. In order to implement this plan an amendment to SDD No. 4-Cascade Village will be necessary. The following provides an explanation of the proposed re-development plans and associated benefits, background on the Coldstream Condominiums, a summary of existing and proposed development, an evaluation of alternative review processes, a bullet-point response to SDD review criteria and a summary of the proposed project. 112 Coldstream Condominiums SDD Amendment 3 Existing Conditions. To the south lies the Park Meadow (now Alura Vail) site and Eagle Pointe. • To the east is Westhaven Drive. • To the west is the westernmost building in the Coldstream complex. • The site is currently used for surface parking, an unusable tennis court, a run down and unused Clubhouse Building and individual open carports that line the access drive and which are in need of new roofs and trim. 113 Coldstream Condominiums SDD Amendment 4 Proposed Re-development/Benefits of Project Major elements of the re-development plans include the construction of five new free-market condominiums, one new employee housing units, a new parking garage and associated site improvements. There are several other improvements that are being considered as a part of this project. Specific improvements under consideration include: 1. To remove the surface parking, tennis court, clubhouse building and open carports on the south de as well as those on the north side. 2. Build enclosed, minimally heated garage to replace existing carports and surface parking, plus 2 spaces for each new unit, including EHU. Entrance to garage is on the north side due to slope of Westhaven and the access drive and exit is at the west end. 3. Build 3 duplexes on top of garage to help pay for garage. Five market units at slightly over 2000 SF and one for-sale EHU at 1200 SF. 4. Roof of garage to step down with grades of adjacent drive. 5. Roof of garage to be fully landscaped except at west end where adjacent Owners have requested we stay as low as possible. The roof in that area will be ballasted membrane. 6. Access to all units to be via exterior heated stairs. Dwelling units will also have individual elevators from garage to both living levels. 7. At the east end of garage building, what was proposed as office space in 2011 will now be used for Owner storage, maintenance and HOA storage. 8. Three exterior parking spaces at the east end, no longer needed to meet the requirements for office space will be used as short-term parking and EV charging (2). 9. Entrance to Coldstream from Westhaven will be widened and relandscaped to make it easier to come and go. Existing sign to remain. Issues to consider: 1. No GRFA remains in the SDD, so we are asking for additional. Garage extends into setback to within 5' of property line but is buried along south property line to minimize impacts to off-site neighbors. Height of garage is only minimally higher than what exists along current access drive (we need 10' clear inside garage to accommodate Sprinter type vans). 2. Exterior finishes on garage will be a mix of stone veneer to match the Coldstream standard and EIFS stucco with a grid pattern to mimic a trellis (not much will grow on north side but we will see what options we can come up with). 3. Previous PEC comments were directed at exposed height of walls along Westhaven at east end. We have revised the grades and plantings to bury and hide as much of this wall as possible. 114 Coldstream Condominiums SDD Amendment 6 Background on the Coldstream Condominiums The Coldstream Condominiums were completed in 1981 and include 45 residential condominiums and other related improvements including on-site parking, extensive landscaping, pool, spa, cabana, tennis court and a racquetball/squash court. Coldstream has approximately 23 units included in the Vail Cascade short term rental program. With the opening of the Cascade Club [Aria] in 1987 (with its seven tennis courts and six racquetball/squash courts), the Coldstream tennis and racquetball/squash facilities became obsolete as Coldstream owners are able to utilize Cascade Club facilities. Since that time the racquetball/squash court has been adapted to property and rental management use and the tennis court is seldom used. In late 1990 an amendment to SDD4 was proposed and recommended by Community Development Department [9/24/90] to approve a small increase in GRFA and clarify other development standards. The plan included the renovation of the courts building into property management facilities and storage as well as two employee restricted units. Because of financing difficulties, the project was never implemented. Since it’s opening in the early 1980’s the Coldstream Association has been very diligent in maintaining and upgrading the project. In 1995, Coldstream owners expended $1.0 million to replace the roofs and make substantial site/landscape improvements. In 2002 the Association spent a considerable amount of money to bring natural gas into the project. In 2004, the Board prepared a phased redevelopment plan for the project. The first phase consisted of replacing all building exteriors: siding, windows, doors and extensive landscape and site improvements at a cost of $6.2 million. These improvements were completed in 2006. The second phase is to replace the court facilities and carports which are deteriorating. In 2002 the Association spent a considerable amount of money to bring natural gas into the project. In 2004, the Board prepared a phased redevelopment plan for the project. The first phase consisted of replacing all building exteriors: siding, windows, doors and extensive landscape and site improvements at a cost of $6.2 million. These improvements were completed in 2006. The second phase is to replace the court facilities and carports which are deteriorating. As evident by this proposal, Coldstream owners continue to demonstrate their commitment to an aggressive maintenance and improvements program for their project. Existing and Proposed Development Coldstream is situated on an approximately 4.21 acre (+/-183,479 sf) parcel designated as Area B in Special Development District 4 (SSD No. 4, Cascade Village). The property does not have underlying zoning as it was annexed into the Town with the creation of SDD4. 115 Coldstream Condominiums SDD Amendment 7 SDD No. 4 - Area B development standards include: x Dwelling units Allowed 65 Existing 45 x GRFA 65,000 sf 66,898sf x Site Coverage 35%, or 64,218 sf 42,689 sf x Landscaping 50%, or 91,740 sf(*) 88,686 sf x Parking Spaces As per Chapter 10(**) 77 x Height 48 ft 48 ft x Setbacks 20 ft 20 ft (*) – Or as otherwise indicated on site specific development plan. (**) – 50% of required parking shall be located within the main building or buildings or hidden from view. With the exception of GRFA and setbacks (for the substantially below grade parking structure), the proposed addition can be constructed in accordance with all applicable development standards outlined by SDD No. 4. The following summarizes how the proposed amendment/addition would affect zoning/development standards: Dwelling Units The five proposed condominium units would increase project density to 50 units, well below the maximum allowable of 65 units (the EHU will be developed as a Type III unit would not count toward density). GRFA Existing development slightly exceeds the maximum allowable GRFA of 65,000 sq ft. The five condominiums would add approximately 11,000 sq ft of GRFA to the site. The EHU, considered a Type III unit would not count towards GRFA. Site Coverage Proposed improvements would increase site coverage from +/-42,689 to +/-58,681 sq ft, or 32% of the site. The allowable site coverage is 35%. Existing and proposed site coverage diagrams are found at the end of this report. Landscaping Detailed landscape plans have been attached, the final design solution the total landscaping of the entire site will increase from +/- 48% to +/-50%. Existing and proposed conceptual landscape diagrams are found at the end of this report. Parking There are presently approximately 77 parking spaces at Coldstream. These spaces include surface spaces, parking in carports and garage parking within individual units. The parking requirement for the new addition would involve replacing any existing parking displaced by the project and providing parking for the new development. The proposed addition creates a requirement for 15 new spaces (10 for the five condominiums and 2 for the EHU. Proposed improvements displace 47 existing surface and carport spaces. This means 61 new spaces are required. The proposed parking garage is designed for 64 parking spaces and 3 new surface spaces are also proposed for a total of 67 new spaces. This would satisfy parking requirements 116 Coldstream Condominiums SDD Amendment 8 Height The SDD allows for building height of 48’. The proposed improvements will be designed within this limitation. Setbacks 20’ setbacks are required by SDD No. 4. The residential buildings would conform to this standard; however the parking garage would be located within a few feet of the south property line. At the south property line, the majority of the parking garage would be below grade and at the highest point would only extend 6-8 feet above grade. Existing SDD#4 HDMF1 Proposed Setbacks (Fr/S/R) 20/15/20 Per Plans 20/20/20 20/152/20 Density 45 65 25 DU / Acre 50 Allowable GRFA 66,898 SF 65,000 SF 139,444 SF 77,712 SF (+13%) Site Coverage 42,689 SF4 35% (64,218 SF)3 55% (100,913 SF) 56,957 SF (89%) Landscaping 88,686 SF 91,740 (50% u.n.o.) 30% 91,925 SF (1783 SF)5 Height 48' 48' 45' flat / 48' sloped 47' (to ridge) Parking per Chap 10 50% hidden 75% hidden 2 spaces per new unit (enclosed) 1: no underlying zoning applies here, Neighboring properties are HDMF. 2: above grade (5' below grade) 3: 45% site coverage with institutional or educational center 4: existing site coverage to be replaced: Courts Bldg. (1856.5), North Parking (1896.7), trash (235), south-west parking (4226.1): total = 8214.3 SF 5: hardscape is new added (existing hardscape unknown) The adjacent properties to the south, Eagle Pointe Condominiums and Park Meadows, are zoned HDMF. As a point of comparison, if HDMF zoning were applied to Coldstream the allowable number of units would increase to 105 and the allowable GRFA would increase to 139,444 sq ft. This amount of GRFA is over twice that permitted by the SDD and greatly exceeds the GRFA proposed by these improvements. Review Process As outlined above, the proposed improvements could be constructed in accordance with existing SDD development standards with the exception of GRFA and setbacks (for the below grade portion of the garage adjacent to the south property line). Amend SDD No. 4 Two fairly straight forward amendments to existing SDD development standards would allow for these improvements to Coldstream – increasing allowable GRFA by +/-11,000 sq ft and modifying setback requirements to state “20’ or as otherwise indicated by an approved development plan”. A development plan depicting the location of the garage 117 Coldstream Condominiums SDDAmendment 9 would then be approved in conjunction with these amendments. SDD Review Criteria The following criteria are used to evaluate a proposed SDD. Bullet-point responses to how this proposal would conform to these criteria are also provided: 1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. x The scope of the proposed development is consistent with and sensitive to existing development within the site and on surrounding properties. Figure 1-View of proposed development adjacent to Park Meadows development. 2.Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. x Density (dwelling units) is within that permitted by the existing SDD. x Proposed uses are consistent with existing uses on the site and with surrounding areas. 3.Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. x Parking in accordance with Chapter 10 can be provided. 4.Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. x The maintenance and upgrading of existing properties, particularly those with a strong short-term rental component is encouraged by the Town’s master plans. 5.Natural And/or Geologic Hazard: Identification and mitigation of natural and/or 118 Coldstream Condominiums SDD Amendment 10 geologic hazards that affect the property on which the special development district is proposed. x N/A 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. x Proposed improvements are located on land that is already developed. As such this criterion is not applicable. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. x Revisions to the project entry will allow for improvements to existing vehicular circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. x The project will result in a net increase to landscape area (88,686 SF to 91,925 SF) resulting in 50% landscape coverage. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. x The project would be done in one phase. Project Summary The revenue to be derived from the five condominiums is clearly the “economic engine” necessary to fund other improvements to Coldstream – the employee housing unit, and the development of a parking garage. Contrary to a “traditional development project”, the five condominiums will not bring a windfall of profits to the Association but rather will allow for the implementation of Phase II of the Association’s redevelopment master plan and in doing so further their tradition of continually maintaining and upgrading their community. With approximately one-half of Coldstream’s units involved in a short-term rental program, the project plays an important role in providing the Town with guest accommodations. In addition, the lodging/sales tax revenues to the Town generated by Coldstream are not insignificant. The improvements that can be made to the project via this re-development plan will improve Coldstream’s ability to serve the lodging market and in doing so provide benefits to the entire Vail community. 119 Charcoal Gray To Match Existing Sunset Mahogany Granite Robinson Brick Company “Indian summer” natural stone with supplements of “Adirondack” and “Kensington” METAL DECK RAILINGS VERTICAL SIDING BELOW UPPER METAL DECK RAILING WINDOWS & PATIO DOORS CLADDING French Vanilla To Match Existing ROOF FASCIA COLDSTREAM ADDITION Exterior materials and colors (all to match existing) BUILDING SIDING & OUTSIDE CORNER TRIM, INSIDE CORNER TRIM AND VERTICAL TRIM BETWEEN STONE & SIDING DOOR & WINDOW TRIM STONE VENEER GARAGE CONCRETE GRANITE SURROUND AT GARAGE DOOR STONE CAP Charcoal Gray #210 Drexmet METAL FLASHING DECK & ROOF SOFFITS ROOFING LIGHT FIXTURES 120 Sean Hanagan 10/8/2024 High Summit Planning sean@highsummitplanning.com RE:Coldstream SDD Amendment (PEC24-0017)Public Benefit Dear Council, As part of the proposed SDD Amendment to the Coldstream Condominium Complex The following benefits are proposed. Public Benefits: Employee Housing Unit 1.One 1200sf on-site EHU 2.Exceeds the 1000sf requirement (Inclusionary Zoning) 3.2 Heated Parking spaces 4.Secure Storage 5.Suitable for family/executive All units type A2 construction 1.Exceeds International Fire Code Requirements 2.Helps protect first responders and surrounding properties $100,000 Contribution 1.Pedestrian path 2.Purchase Deed Restriction-PEC preference Additional Benefits: 1.Raises quality of property and neighborhood 2.Increased property tax revenue 3.Increase in transfer fees 4.Recreation Fee Contribution Sincerely, Coldstream Public Benefit Page 1 1 121 © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com DATE: A001A001 1/5/2024 SOLAR STUDIES C O L D S T R E A M A D D I T I O N L O T 5 3 , G L E N L Y O N S U B D I V I S I O N , V A I L , C O L O R A D O SPRING EQUINOX 2PM SPRING EQUINOX 10 AM WINTER SOLSTICE 2PM WINTER SOLSTICE 10AM 122 © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com DATE: A002A002 1/5/2024 PROJECT IMAGES C O L D S T R E A M A D D I T I O N L O T 5 3 , G L E N L Y O N S U B D I V I S I O N , V A I L , C O L O R A D O 123 © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com DATE: A003A003 1/5/2024 PROJECT IMAGES C O L D S T R E A M A D D I T I O N L O T 5 3 , G L E N L Y O N S U B D I V I S I O N , V A I L , C O L O R A D O 124 12 5 12 6 12 7 12 8 12 9 13 0 Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" 18 17 16 15 14 13 12 11 10 8 7 6 5 394 2 1 15 ' - 4 3 / 8 " Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" 1716151413121110876594 Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" C DBeAeBwAwA.5 Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" CD Be AeBwAwA.5 © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com DATE: A301A301 1/5/2024 ELEVATIONS C O L D S T R E A M A D D I T I O N L O T 5 3 , G L E N L Y O N S U B D I V I S I O N , V A I L , C O L O R A D O 1/16" = 1'-0" 1/16" = 1'-0" ELEVATION - NORTHELEVATION - NORTH11 1/16" = 1'-0" 1/16" = 1'-0" ELEVATION - SOUTHELEVATION - SOUTH22 1/16" = 1'-0" 1/16" = 1'-0" ELEVATION - WESTELEVATION - WEST33 1/16" = 1'-0" 1/16" = 1'-0" ELEVATION - EASTELEVATION - EAST44 131 Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" 1716151413121110876539421 2.84%1.85% Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" C DBeAeBwAwA.5 Level 1 8039'-8" Level 1 8039'-8" Roof 8060'-9 1/4" Roof 8060'-9 1/4" Level 2 8049'-11 1/4" Level 2 8049'-11 1/4" Parking Level 8024'-0" Parking Level 8024'-0" CD Be AeBwAwA.5 © Copyright GPSL Architects, P.C. All Rights Reserved This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GPSL Architects, P.C., and is not to be used, in whole or in part, for any other project without the written authorization of Henry R. Pratt . 935 S. Frontage Road West Vail, Colorado 81657 tel: 970.476.1147 gpslarchitects.com DATE: A401A401 1/5/2024 SECTIONS C O L D S T R E A M A D D I T I O N L O T 5 3 , G L E N L Y O N S U B D I V I S I O N , V A I L , C O L O R A D O 1/16" = 1'-0" 1/16" = 1'-0" SECTION - EAST WESTSECTION - EAST WEST11 1/16" = 1'-0" 1/16" = 1'-0" SECTION - NORTH SOUTH 1SECTION - NORTH SOUTH 122 1/16" = 1'-0" 1/16" = 1'-0" SECTION - NORTH SOUTH 2SECTION - NORTH SOUTH 233 132 13 3 13 4 FW: Commitment (1476 WESTHAVEN DRIVE)(Our 50069911) gregfinch@comcast.net <gregfinch@comcast.net> Wed 5/1/2024 1:37 PM To: Sean Hanagan <sean@highsummitplanning.com> From: Land Title Eagle County Title Team <eaglecountyrequests@ltgc.com> Sent: Wednesday, September 6, 2023 11:51 AM To: gregfinch@comcast.net Subject: Commitment (1476 WESTHAVEN DRIVE)(Our 50069911) Land Title Guarantee Company Your Documents from Land Title Guarantee Company Commitment Customer Distribution Prevent fraud - Please call a member of our closing team for wire transfer instruc a wire transfer. Note that our wiring instructions will never change. Order Number: V50069911 Date: 09 Property Address: 1476 WESTHAVEN DRIVE, VAIL, CO 81657 For Closing Assistance For Title Assistance Land Title Eagle County Title Team 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 (970) 477-4500 (Work) eaglecountyrequests@ltgc.com LAND TITLE GUARANTEE COMPANY Attention: SARAH DORMAN (FOR PLAT REVIEW/TO SIGN TITLE CERT) 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 (970) 476-2251 (Work) (970) 476-4534 (Work Fax) sdorman@ltgc.com Delivered via: Electronic Mail Consultant GRANDAVECORP Attention: GREG FINCH P.O. BOX 602 GRAND LAKE, CO 80447 (970) 471-5101 (Cell) gregfinch@comcast.net Delivered via: Electronic Mail Surveyor PEAK LAND CONSULTANTS Attention: BRENT BIGGS 1000 LIONS RIDGE LOOP SUITE 1D VAIL, CO 81657 (970) 476-8644 (Work) (970) 476-8616 (Work Fax) brent@peakland.net Delivered via: Electronic Mail Estimate of Title Fees 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…1/7135 Order Number: V50069911 Date: 09/06/20 Property Address: 1476 WESTHAVEN DRIVE, VAIL, CO 81657 Seller(s): COLDSTREAM LTD., A COLORADO LIMITED PARTNERSHIP Buyer(s): Thank you for putting your trust in Land Title. Below is the estimate of title fees for the transaction. The final fees will be collected at c Land Title. Estimate of Title Insurance Fees "TBD" Commitment $265.00 TOTAL $265.00 Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and re of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the document Chain of Title Documents: Eagle county recorded 04/09/1979 under reception no. 180287 Plat Map(s): Eagle county recorded 01/02/1980 under reception no. 193118 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 1476 WESTHAVEN DRIVE, VAIL, CO 81657 1.Effective Date: 08/11/2023 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: COLDSTREAM LTD., A COLORADO LIMITED PARTNERSHIP 5.The Land referred to in this Commitment is described as follows: PHASE 1: GENERAL COMMON AREA, COLDSTREAM CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF, RECORDED JANUAR IN THE CONDOMINIUM DECLARATION, RECORDED JANUARY 2, 1980 IN BOOK 296 AT PAGE 724, COUNTY OF EAGLE, STATE OF COLO PHASE 2: GENERAL COMMON AREA, COLDSTREAM CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED MARCH 3, 1980 IN B CONDOMINIUM DECLARATION RECORDED JANUARY 2, 1980 IN BOOK 296 AT PAGE 724 AND SUPPLEMENTAL CONDOMINIUM DECLAR PAGE 543, COUNTY OF EAGLE, STATE OF COLORADO. 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…2/7136 Copyright 2006-2023 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: V50069911 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized Records. 1.FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE FULLY EXECUTED PARTNERSHIP AGREEMENT FOR COLD THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR S BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 2.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF COLDSTREAM LTD., A COLORADO THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTI AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON B WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK A 3.RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF SUBJECT PROPERTY. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED T RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: V50069911 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this co conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, h 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the La the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accura by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subseq the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments o proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, cla 8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PE RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STA 48 AT PAGE 542. 10.RESERVATION AS TO THE NW 1/4 SE 1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE RIGHT OF THE UNITED STAT OCCUPY AND USE ANY PART OF ALL OF SAID LAND FOR THE PURPOSES PROVIDED IN THE ACT OF JUNE 10, 1920 (41 STAT. 1063), AS 1946 IN BOOK 132 AT PAGE 405. 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…3/7137 11.RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR R RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, O APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLIC RECORDED APRIL 04, 1978, IN BOOK 268 AT PAGE 698, AND AS AMENDED IN INSTRUMENT RECORDED MAY 02, 1990 IN BOOK 528 AT P 12.UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED OCTOBER 16, 1979, IN 13.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF COLDSTREAM CONDOMINIU PAGE 725 AND ON THE MAP OF COLDSTREAM CONDOMINIUMS PHASE II RECORDED MARCH 3, 1980 IN BOOK 299 AT PAGE 544. 14.THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINI ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT TH BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JANUARY 20, 1980, IN BOOK 296 AT PAGE 724 AND AS AMENDED IN 299 AT PAGE 543 AND AS AMENDED IN INSTRUMENT RECORDED MARCH 7, 2016 UNDER RECEPTION NO. 201603260 AND AS AMENDE UNDER RECEPTION NO. 201603800. 15.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED MARCH 21, 2022 UNDER RECEPTION NO. 202204623 AND 2022046 Land Title Guarantee Company Disclosure Statements Note: Pursuant to CRS 10-11-122, notice is hereby given that: 1. The Subject real property may be located in a special taxing district. 2. A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real proper 3. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the Cou Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall c bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prio the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Gua transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy a Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Co compliance with the following conditions: 1. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 2. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this C 3. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. 4. The Company must receive payment of the appropriate premium. 5. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Co unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; p Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information b No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 1. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is su in oil, gas, other minerals, or geothermal energy in the property; and 2. That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance compan company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance compa facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a se reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lende transaction. Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video com notarization for any document. 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…4/7138 Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title Guarantee Company of Summit County Land Title Insurance Corporation and Old Republic National Title Insurancy Company This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic Na We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information sec maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unau ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and se We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthoriz Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR P Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal In are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose you applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, sha American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Compa NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVIN SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE P TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRAC THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS O INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Compa Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 1. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. 2. “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in S avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. 3. “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. 4. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. 5. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…5/7139 6. “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. 7. “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and 8. “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation en 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 1. the Notice; 2. the Commitment to Issue Policy; 3. the Commitment Conditions; 4. Schedule A; 5. Schedule B, Part I—Requirements; and 6. Schedule B, Part II—Exceptions; and 7. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records pri Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 1. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. 2. The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in 3. The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Comm 4. The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Propos 5. The Company shall not be liable for the content of the Transaction Identification Data, if any. 6. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Compan 7. In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 1. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. 2. Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. 3. Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all pr written or oral, express or implied, relating to the subject matter of this Commitment. 4. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the 5. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. 6. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing clo 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the t commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured a arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…6/7140 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue P Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the America Land Title Guarantee Company Prevent fraud -Please call a member of our closing team for wire transfer instructions or to initiate a wire transfer. Note that our wiring instructions wi Eagle countyrequests Land Title Guarantee Company 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 eaglecountyrequests@ltgc.com www.ltgc.com These images are provided for informational purposes only. They are not guaranteed as to availability or quality. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. template: commitment.html 08/2016 5/9/24, 10:24 AM Mail - Sean Hanagan - Outlook https://outlook.office.com/mail/id/AAQkAGVlZDZlNjIyLTU0NGQtNGE2Yy1hYzdhLWYyMzljNGNiNGU1ZAAQAMySDG8KAfBX1%2FU2QX%2BZt%2B…7/7141 TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 26, 2024 SUBJECT: A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the covered parking, the construction of five new free-market condominiums, one new employee housing unit, and associated site improvements at Coldstream Condos, located at 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision and setting forth details in regard thereto. (PEC24-0017) Applicant: Coldstream Ltd., represented by Sean Hanagan of High Summit Planning Planner: Heather Knight I. SUMMARY The applicant, Coldstream Ltd, represented by High Summit Planning, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code to allow for the redevelopment of the covered parking, the construction of five new free-market condominiums, one new employee housing unit, and associated site improvements at Coldstream Condos, located at 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision. On February 12, 2024, a work session with the Planning and Environmental Commission was held on this project and the applicant has implemented most of the comments into the current proposal. Based upon staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission recommend approval, with conditions, of this application to the Vail Town Council. II. DESCRIPTION OF REQUEST The applicant, Coldstream Ltd, represented by High Summit Planning, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12-9(A), Special 142 Town of Vail Page 2 Development Districts, Vail Town Code to allow for the redevelopment of the covered parking, the construction of five new free-market condominiums, one new employee housing unit (EHU), and associated site improvements at Coldstream Condos, located at 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision. The following items are included for review: Attachment A. Vicinity Map Attachment B. Narrative/Project Description Attachment C. Architectural Plan Set, May 9, 2024 Attachment D. Site Grading Plan, August 5, 2024 Attachment E. Title Commitment Attachment F. 2012 PEC Memo & Worksession Attachment G. PEC Minutes, September 24, 1990 Attachment H. Town Council Minutes, October 2, 1990 Major elements of the re-development plans include the construction of five new free- market condominiums, one new employee housing units, a new parking garage and associated site improvements including: • The removal of the surface parking, tennis court, clubhouse building and open carports on the south end as well as those on the north side. • Build enclosed, minimally heated garage to replace existing carports and surface parking, plus two (2) spaces for each new unit, including EHU. Entrance to garage is on the north side due to slope of Westhaven Drive and the access drive and exit is at the west end. • Build five (5) duplex units plus one EHU on top of garage to help pay for garage, with a total of five market units at slightly over 2,000 SF and one for-sale EHU at 1,200 SF. • Roof of garage to step down with grades of adjacent drive. • Roof of garage to be fully landscaped except at west end where adjacent Owners have requested, to stay as low as possible. • Access to all units to be via exterior heated stairs. Dwelling units will also have individual elevators from garage to both living levels. • The east end of the garage building will be used for Owner storage, maintenance, and HOA storage. • Three exterior parking spaces at the east end will be used as short-term parking and EV charging (2). • Entrance to Coldstream from Westhaven Drive will be widened and re- landscaped to make it easier to come and go. Existing sign to remain. Changes to SDD No. 4 Cascade Village The proposed changes to the SDD include an increase in GRFA and a reduction in the side setback allowance. No GRFA remains in the SDD, so the applicant is asking for this additional amount. The garage extends into the setback within five feet of property 143 Town of Vail Page 3 line but is buried along the south property line to minimize impacts to off-site neighbors. Above grade, the units will step back to accommodate the required setback. Public Benefit Public benefit proposed as part of the 2024 proposal will include a pledge to contribute $100,000 to either the Housing General Fund or to aid in the completion of the public path from Donovan. III. BACKGROUND Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 4 Series of 1976. At least twenty amendments have occurred between 1977 and 2008. The subject property was a Planned Unit Development under Eagle County jurisdiction then annexed in 1975. SDD No. 4 includes the following areas: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single-Family Lots Area D Glen Lyon Commercial Site Area E Tract K The entire Cascade Village SDD is approximately 97.5 acres. Coldstream itself is situated on an approximately 4.21-acre (+/-183,479 sf) parcel designated as Area B. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on underlying zoning, there is no underlying zoning for Cascade Village. Uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. The Coldstream Condominium development was completed in 1981 and included 45 dwelling units. In September 1990, PEC approvals were granted for amendments to the SDD which provided for an increase in gross residential floor area. Specifically, the PEC approval for an increase in gross residential floor area was tied to the following conditions: 1. The density of the project shall be reduced from 65 units to 45 free market units (the number of free market units existing). and three permanently restricted "employee" units, for a total of 48 units allowed. 2. If any change is made to the racquet ball facility in the future, 2 employee units shall be included in the facility. However, at the October 2, 1990 Town Council meeting, the first reading of this Ordinance (Ordinance No.33, Series of 1990) was presented and a motion to deny was unanimously passed by Town Council. It was noted that additional GRFA was not the issue, rather it was linked to discussions regarding employee housing. The minutes from the PEC and Town Council meetings are attached to this memo. 144 Town of Vail Page 4 In 2011, there was a PEC application and subsequent work session that included a revised parking garage, residential units and two employee housing units that resulted in an increase in GRFA and reduced side setbacks. The PEC’s comments were generally supportive of the re-development concept yet provided constructive feedback regarding several design aspects of the project. In 2012, a second PEC work session took place with the same project components as 2011. The PEC noted the need for additional landscaping, concerns regarding the side setback decrease, concerns regarding the partially exposed parking structure and increased public benefit beyond providing two EHUs onsite. This work session also resulted in a stalled project due to budget constraints. In early 2024, the project again resurfaced, and the applicant and PEC engaged in another work session. The PEC encouraged adding a second EHU on the property as was proposed in 2011. Comments were positive regarding the garage location into the setback, as it is below grade at the point of encroachment. Significant landscaping has been added to minimize the appearance of the garage from neighboring properties. This was positively noted by the PEC. SDD No. 4 - Area B current development standards include: Allowed Existing Dwelling Units 65 45 GRFA 65,000 sf 66,898 sf Site Coverage 35% or 64,218 sf 42,689 sf Parking Spaces As per Chapter 10 (*) 77 Height 48 ft 48 ft Setbacks 20 ft all sides 20 ft (*) – 50% of required parking shall be located within the main building or buildings or hidden from view. The project is composed of the following components: Dwelling Units The project is proposing five (5) for sale dwelling units that would increase the density to fifty (50) units, well below the maximum of sixty-five (65) units. The EHU would be a Type III unit and would not count towards overall density of the project. Employee Housing Units (EHUs) The project proposes one onsite EHU, with a total of approximately 1,200 square feet. EHUs do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. This one onsite EHU fulfills the EHU requirement for the project. GRFA 145 Town of Vail Page 5 The existing development exceeds the maximum allowable GRFA set by the SDD, which is 65,000 sf. The five proposed condominiums would increase the existing GRFA by approximately 11,000 sf. Site Coverage Proposed improvements would increase the site coverage from approximately 42,689 sf to 58,681 sf or 32% of the site. The allowable site coverage is 35%. Landscaping The proposed improvements would increase the landscaping from approximately 48% to 50% of the site. Parking There are 77 existing parking spaces at Coldstream. These spaces are a combination of surface parking, carports and private garages. The proposed parking garage would accommodate any parking displaced by the new development (48 replacement spaces) as well as required parking needed for the new housing units and EHU. As proposed, there are 61 new spaces in the garage and 3 new uncovered surface parking spaces This satisfies the parking requirements. Height The allowable height in Area B of SDD #4 is 48 feet. The proposed improvements have been designed within this limitation and the maximum ridge height is 47 feet currently. Setbacks SDD #4 requires that all setbacks are to be 20 feet. The proposed residential portion of this development would meet that requirement. However, the parking garage would be located approximately 5 feet from the south property line. At the south property line, the majority of the proposed garage would be below grade and at the highest point would only extend 6-8 feet above grade. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal. Title 12 – Zoning Regulations, Vail Town Code Chapter 1 – Title, Purpose, and Applicability (in part) 12-1-2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its 146 Town of Vail Page 6 natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 9 – Special and Miscellaneous Districts (in part) 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An 147 Town of Vail Page 7 approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. 148 Town of Vail Page 8 If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. VAIL LAND USE PLAN Land Use Plan Designation: High Density Residential Multi-family High Density includes apartments and condominiums at densities of over 18 dwelling units per acre. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, and recreational uses to serve both the visitor and the permanent resident. 149 Town of Vail Page 9 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4. Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. V. ZONING / SDD NO. 4 ANALYSIS Address: 1476 Westhaven Drive Legal Description: Lot 53, Glen Lyon Subdivision Existing Zoning: Special Development district No. 4 (no underlying zone district) Existing Land Use Designation: High Density Residential Mapped Geological Hazards: None Standard Allowable Existing Proposed Site Area 183,479 sq ft No Change Setbacks 20’ all sides 20’ all sides 5’ south side (below grade) Height 48’ 48’ 47’ Dwelling Units 65 45 50 plus 1 EHU GRFA 65,000 sf 66,898 sf 77,712 sf Site Coverage 35% or 64,218 sf 42,689 sf (23%) 59,957 sf (33%) Landscaping Per Development Plan; 50% or 91,740 sf 88,686 sf (48%) 91,925 sf (50%) 150 Town of Vail Page 10 Onsite Parking 56 spaces, but 2 per dwelling unit of additional units 77 spaces 93 spaces The adjacent properties to the south, Eagle Pointe Condominiums and the Alura development, currently under construction, are zoned HDMF. As a point of comparison, if HDMF zoning were applied to Coldstream, the allowable number of units would increase to 105 and the allowable GRFA would increase to 139,444 sq ft. This amount of GRFA is over twice that permitted by the SDD and greatly exceeds the GRFA proposed by these improvements. VI. SURROUNDING LAND USES AND ZONING Existing Land Use Zoning District North: Private Residences SDD No. 4 East: Private Residences SDD No. 4 South: Eagle Point & Alura developments High-Density Multi-Family West: Gore Creek/ I-70 & Open Space Agricultural & Open Space VII. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Materiality and scale of the proposed units above the parking garage is consistent with the other buildings in the Coldstream development. The overall height of the proposed buildings also meets the standards set by this SDD. The parking garage is set under grade level and the roof of the garage will step down with the grades of adjacent drive. The roof of garage will be fully landscaped except at the west end where adjacent Owners have requested it stay as low as possible. At the south property line, much of the parking garage would be below grade and at the highest point would only extend 6-8 feet above grade. Staff finds this criteria to be met. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The existing racquetball facility and tennis courts need repair and are underutilized. This is an excellent location for fully enclosed parking and additional dwelling units, 151 Town of Vail Page 11 including one EHU. Per the SDD, 50% of the required parking shall be hidden from public view from adjoining properties within a landscaped berm. In addition, since this area of the SDD borders the High-Density Multiple Family zone district, the density is well under those standards set in that district. The adjacent properties to the south, Eagle Pointe Condominiums and Park Meadows, are zoned HDMF. The scale of this proposed development is similar to the existing Coldstream development and utilizes an area that needs maintenance attention. Staff finds this criteria to be met. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Per the SDD, 50% of the required parking shall be hidden from public view from adjoining properties within a landscaped berm. There are currently 77 parking spaces at Coldstream. These spaces include surface spaces, parking in carports and garage parking within individual units. The parking requirement for the proposed project would involve replacing any existing parking displaced by the project and providing parking for the new dwelling units. The proposed addition creates a requirement for 12 new spaces (10 for the five condominiums and 2 for the EHU). Proposed improvements displace 48 existing surface and carport spaces. The proposed parking garage is designed for 61 parking spaces and 3 new surface spaces. The total number of parking spaces site-wide would be 93 spaces. Since 61 spaces would be in the proposed parking garage, these new spaces would account for 66% of the total parking. This would satisfy parking requirements. Staff finds this criteria to be met. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Vail Land Use Plan: The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to both the visitor and the permanent resident. 152 Town of Vail Page 12 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Land Use Plan Designation: High Density Residential This area includes apartments and condominiums at densities of over 18 dwelling units per acre. Staff believes the proposed development generally furthers the above referenced goals, objectives and policies and, therefore, is in general compliance with the Vail Comprehensive Plan. Staff finds this criteria to be met. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural or geologic hazards in the proximity of this development. Staff finds this criteria to be met. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and 153 Town of Vail Page 13 sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed site plan is responsive to its location and the grade change on the site. The parking garage is set under grade level and the roof of the garage will step down with the grades of adjacent drive. The roof of garage is proposed to be fully landscaped except at the west end where adjacent Owners have requested the project stay as low as possible. The dwelling units above the parking garage are stepped back from the property line to allow for light, air and space between the units and the adjacent development. This proposed development will replace the existing deteriorating tennis, racquet, and parking facilities on the site and bring the south end of the Coldstream development up to current standards for design and aesthetic value. Staff finds this criteria to be met. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The entrance to Coldstream from Westhaven Drive will be widened and relandscaped to improve ingress and egress. The driveway internal to the site is of appropriate size per Fire Department standards yet maintains the overall scale and feel throughout the development. The access to all new units to be via exterior heated stairs. Dwelling units will also have individual elevators from garage to both living levels. Staff finds this criteria to be met. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The total landscaping of the entire site will increase from +/- 48% to +/-50%, which meets the standards set by the SDD. The garage roof will be primarily landscaped so it blends with the natural environment. At the south property line, the majority of the parking garage would be below grade and at the highest point would only extend 6-8 feet above grade. All new landscaped areas will meet TOV Wildfire standards. Staff finds this criteria to be met. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed development will be completed in a single phase while still maintaining access to the existing units. 154 Town of Vail Page 14 Staff finds this criteria to be met. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission recommend approval to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the covered parking, the construction of five new free-market condominiums, one new employee housing unit, and associated site improvements at Coldstream Condos, located at 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval with conditions, this request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission recommends approval, with conditions to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the covered parking, the construction of five new free-market condominiums, one new employee housing unit, and associated site improvements at Coldstream Condos, located at 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission include the following condition: 1. The applicant shall confirm the recordation of the deed restriction for the EHU prior to obtaining the Certificate of Occupancy. 2. The applicant shall obtain Design Review Board approval for the proposed development. Should the Planning and Environmental Commission choose to recommend approval, with conditions, this request, the Community Development Department recommends the Commission make the following findings: 1. That the SDD complies with the standards listed in subsection (A) of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 155 Town of Vail Page 15 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. ATTACHMENTS Attachment A. Vicinity Map Attachment B. Narrative/Project Description Attachment C. Architectural Plan Set, May 9, 2024 Attachment D. Site Grading Plan, August 5, 2024 Attachment E. Title Commitment Attachment F. 2012 PEC Memo & Worksession Attachment G. PEC Minutes, September 24, 1990 Attachment H. Town Council Minutes, October 2, 1990 156 Present:David N Tucker William A Jensen William A Jensen John Rediker John Rediker Scott P McBride Brad Hagedorn Robyn Smith Absent:Henry Pratt Robert N Lipnick Robert N Lipnick 1.Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda Planner: Heather Knight Applicant Name: Coldstream Ltd., represented by High Summit 3.1 A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the covered parking, the construction of five new free-market condominiums, one new employee housing unit, and associated site improvements at Coldstream Condos, located at 1476 Westhaven Drive, Lot 53, Glen Lyon Subdivision and setting forth details in regard thereto. (PEC24-0017) Planner Knight gives a presentation. She talks about the history of the SDD and the subject site. She walks through the proposed development and site plan. She talks about the criteria for approval. Hagedorn asks about the setbacks above grade versus below grade. Knight clarifies. Planning and Environmental Commission Minutes Monday, August 26, 2024 1:00 PM Vail Town Council Chambers PEC24-0017 Staff Memo.pdf Attachment A. Coldstream Condos - Vicinity Map.pdf Attachment B. Applicant Narrative.pdf Attachment C. Architectural Plan Set.pdf Attachment D. Site Grading Plan.pdf Attachment E. Title Commitment.pdf Attachment F. 2012 PEC Memo and Worksession.pdf Attachment G. PEC Minutes, September 24, 1990.pdf Attachment H. Town Council Minutes, October 2, 1990.pdf 1 Planning and Environmental Commission Meeting Minutes of August 26, 2024 157 Smith asks if this would require a variance if it was HDMF (High Density Multi-Family)? Knight confirms. Smith asks about the public benefit. Knight says they would contribute $100,000 towards the general housing fund or to improve the bike path in that area. Rediker asks where public benefit fits into the criteria? Roy says it’s not part of the criteria or findings, it is decided by Town Council. The PEC can give their input, but it’s not part of the criteria for the decision today. Hagedorn confirms that the setback variation is specific to this development, Knight confirms. Rediker asks for clarification on the site plan in regard to the parking garage. The applicant is represented by Sean Hanagan, Henry Pratt, and Greg Finch. Hanagan talks about the history of the site and the proposed plan. He talks about the proposed public benefits, including a $100,000 contribution towards the pedestrian path or general housing fund. Pratt talks about the retaining walls and garage on the west end of the proposal. Hanagan walks through the elevations and the landscape plan. Rediker asks for some clarification as to the southwest corner of the proposal. Rediker and Pratt discuss retaining walls and setback in this area. Hagedorn asks about counterforts, Pratt says they are hypothetical, the engineering hasn’t been completed yet. Rediker and Pratt discuss the garage entrances. Smith asks about the compatibility criteria. Pratt says the color of the gravel will match. Finch says the project has gone through a lot of iterations. Landscaping in that area could be a challenge, owners in that area are also concerned about their views being preserved. Hanagan adds that not having a public space there adds some privacy to the EHU. There are economic factors, and people on that end are concerned about losing their sunlight. Smith asks how they got to the $100,000 figure for public benefit. Fish says the project has been kicked around 12 years, the economics are the reason. The fire lane requirements required some reworking, it was a number that was arrived at that they thought the HOA and the Town would live with. Smith asks about the EHU requirements on past projects, Pratt says the previous second EHU was intended to be a management unit, that need went away. Hanagan says they took into consideration current housing costs and deed-restriction conversion costs for a comparable unit and determined that $100,000 was appropriate. Jensen says an EHU here would have significantly more value than Timber Ridge. It’s hard to project the value of that unit right now, but it’s higher than what you estimated. Jensen and Finch discuss the EHU. Finch says it is a big risk for the HOA. Jensen says heated indoor parking versus what was there, increases the value of the property. Hanagan mentions that public benefit is not a criteria for approval, it’s commensurate to the ask in the deviations. Knight says they are above the EHU requirements, it is a 1,200 sf unit when 1,000 sf is the requirement. Jensen says he’s not arguing against the contribution, thinks it’s a good number. Our role is to represent 2 Planning and Environmental Commission Meeting Minutes of August 26, 2024 158 the community but it’s not our decision it’s the Town Councils. Agrees that it does meet the requirement for the EHU. Tucker Jones is a board member on the HOA, the owners want to improve this property, but an HOA is like herding cats. It will be a tough sell when owners vote on assuming this debt and liability. Smith asks about the process. Knight says Council has the final say on the public benefit and it will go to Council before DRB. Rediker discuss storm sewer with Town Engineer Tom Kassmel. Hanagan and Knight talks about the recreation fee. Rediker asks for public comment. Renee Miles is a resident of Coldstream and commends the applicants and staff. They have been owners since 2008, they are supportive of the project, particularly as it will help mitigate the impact of Alura to the south. Rediker closes public comment. He asks for commissioner comment. Tucker says it is an artful way to meet the criteria. Knowing the site, you’ve done a good job of fitting everything in and a solution that is feasible. Smith says the purpose of the SDD is to encourage flexibility and creativity. This is a fantastic project overall that will add to the value of the community. The setback and GRFA requests are warranted. The flat roof where there used to be an EHU should be up to DRB. Will withhold approval, don’t think the public benefit is commensurate. Council should be the one negotiating on what an appropriate public benefit is. Jensen says it’s a good project and creative. No issue with GRFA or garage setback. It benefits the community and diminishes the impact of the adjacent project to the south. It’s not our responsibility to weigh in on public benefit, Council will address that, supports the application. Hagedorn thanks applicants, it’s a creative way to address deficiencies. This is a win-win, the GRFA ask is mitigated, replacing mass within a similar development area. Setback ask is mitigated because its below grade, the project is well under allowable density on unit basis, the EHU square footage is going beyond the requirement. Suggests the public benefit contribution is used for housing. Rediker says there is a plan that meets the criteria. Setbacks are ok as they are below grade, concerned about walls on north side that are flat and not attractive, which impacts massing negatively. But the DRB will look at compatibility, concerned about what that wall will look like from a design perspective. Concerned about trap for overflow, what you have will go in and comply with Town Code, need to maintain that. Agrees that the criteria are met. McBride agrees that criteria are met, concerned about the setback any disputes that might arise with the closeness to property line. On the whole a creative proposal and a lot of thought has gone into this. Agrees with Hagedorn, a great use might be with respect to deed restrictions. Hagedorn adds a bioswale at the edge of the culvert would be a good idea. William A Jensen made a motion to Recommend for approval with the conditions on page 14 of the staff memo and the findings on page 14-15; Brad Hagedorn seconded the motion Passed (5 - 1). Voting For: William A Jensen, Brad Hagedorn, John Rediker, Scott P McBride, David N Tucker 3 Planning and Environmental Commission Meeting Minutes of August 26, 2024 159 Planner: Greg Roy Applicant Name: PHH Design Development 3.2 A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/ Cornerstone Parcel, Liftside/Cornerstone Subdivision and setting forth details in regard thereto. (PEC24-0016) Roy gives a presentation. He walks through the history of the application. He talks about the history of the SDD. He walks through the site plan and proposed public benefits. Rediker asks about the potential easement for a paseo. Roy says there would need to be an easement to allow public access, in the event ownership to change. He talks about the Housing requirements. He talks about the criteria, Staff found it is not compatible with height and did not meet criteria 1, so the staff recommendation is a recommendation of denial. Jensen asks about the previous approvals. Roy says there was a 2008 approval, the SDD was approved with those amendment. Development plan was re-approved, approval extended until 2017 when it expired. They were never rolled back in the SDD language. Overall the amount of GRFA and number of units in planning area A is going down with the amendment. Jensen asks how do the previous approval weigh in to this? Roy says the proposed height is a deviation from what is set down in the SDD. Roy clarifies the owner’ lounge on the floor plans. Voting Against: Robyn Smith PEC24-0016 Staff Memo August 26, 2024.pdf Attachment A. Vicinity Map.pdf Attachment B. Narrative-Project Description.pdf Attachment C. Amendment Materials June 27, 2024 Update.pdf Attachment D. Part 1.pdf Attachment D. Part 2.pdf Attachment D. Part 3.pdf Attachment D. Part 4.pdf Attachment D. Part 5.pdf Attachment E. Massing Model.pdf Attachment F. March 11, 2024 PEC minutes (Worksession).pdf Attachment G. June 10, 2024 PEC Minutes (Public Hearing).pdf Attachment H. July 8, 2024, PEC Minutes (Public Hearing).pdf Attachment I. Seter, Vander Wall and Mielke representing Cascade Village Metro District, May 20, 2024.pdf Attachment J. Caplan and Ernest representing applicant response letter, June 24, 2024.pdf Attachment K. Seter, Vander Wall and Mielke representing Cascade Village Metro District, August 8, 2024.pdf Attachment L. Jeff Babb, Vail resorts, memo to PEC, August 9, 2024.pdf Attachment M. Vail Hotel Partners Authorization, June 27, 2024.pdf Attachment N. Applicant’s Presentation to the PEC, August 26, 2024_Part1.pdf Attachment N. Applicant’s Presentation to the PEC, August 26, 2024_Part2.pdf Attachment N. Applicant’s Presentation to the PEC, August 26, 2024_Part3.pdf Attachment N. Applicant’s Presentation to the PEC, August 26, 2024_Part4.pdf Attachment O. Traffic Impact Study, August 6, 2024.pdf 4 Planning and Environmental Commission Meeting Minutes of August 26, 2024 160 Rediker asks for clarifications on the parking, which is one of the deviations. Roy walks through the existing and proposed numbers on the site plan. The ski club is a determination of use as part of the SDD. Rediker asks about the intent of having commercial parking onsite. When you’re trying to satisfy parking requirements, is there not concern that they’re not fulfilling parking onsite when you’re dealing with a potential third party offsite that could cut off the parking. Roy says that is why the code treats it that way, so the parking is onsite. Tucker asks would that weigh into the public benefit consideration. Roy says not specifically, as that situation exists in the villages today. Rediker brings up the housing requirements. Roy walks through the calculations for commercial linkage and inclusionary zoning, the applicants are proposing three EHU units within Cornerstone to meet the linkage requirements and a dormitory unit within CMC to meet the inclusionary zoning. Jensen asks what is the community intent with EHUs? Is the dormitory the intent of the zoning requirements? Roy says it can be requested, subject to the discretion of the review body. Dormitories have been approved, like in the Highline and Four Seasons, although the layout and specifics were different. Smith walks through the square footage requirements for housing mitigation. Rediker asks about occupancy restrictions for dormitory EHUs, Roy says it is one person occupying the space year-round with the exception of 3 months? Smith asks about the new fire truck, can that truck appropriate service this development as proposed? Kassmel says it would be up to the Fire Marshall. Roy says the Fire Department has reviewed this application and did not have concerns. Smith asks how the public art contribution was arrived at, Roy says it was proposed by applicant. The AIPP will review public art. Alonso Ruiz de Velasco is representing the applicant. He talks about the ownership situation in Cascade. Gabby Voeller with SE Group is part of the applicant team, says the tennis court are in a different zone district. Velasco walks through the existing conditions. He talks about easements on site. He talks about the building height and shadow study. Smith asks what the plan is if these units are not accepted as employee housing mitigation. Velasco says they have put money towards this and are hoping it can be accepted as mitigation. Hagedorn says this seems to be a business decision, how is this additive? Seems to be disconnected from the housing requirement. Velasco says they had the vision of satisfying the need for the hotel, Cornerstone created the opportunity to pursue this in parallel. We are investing a fair amount of money into this, high standards, high quality. Roy says per the EHU requirements, the employees of that specific project don’t have to occupy that space. Other business employees can be housed there as long at they meet the deed restriction requirements for employment. Hagedorn says on other projects with dormitories, the housing was developed in tandem with that project, it was clear that it was done to satisfy it. Here we have dormitories that are currently being built, they need deed restrictions to be occupied. Tucker says the public benefit pitch included employee housing to mitigate the deviations. 5 Planning and Environmental Commission Meeting Minutes of August 26, 2024 161 Smith says it is a convenient double dip. Hagedorn asks if staff has concerns, Roy says its not exact but similar to the mitigation bank. He talks about the particulars of the Highline approval. Roy says it will have to be deed restricted, that’s the only way it can be permitted under zoning as there are no free-market dorms and adding free market units would have required a Major SDD Amendment application. Rediker, down the road can the owner tear out the dormitories if it wasn’t built fulfilling any requirements? Roy says it would be subject to employee housing exchange program at that point. Roy says there are two different paths, the first is the employee exchange program if it was outside of Cornerstone. If it was part of Cornerstone, they would have to come in for an amendment. EHUs satisfy the community housing need, they don’t have to be specific to the development. Voeller says because both buildings are within Area A, they are considered on-site. Smith asks how that differs from the parking condition for on site. Voeller says they wanted the residences to have parking within Cornerstone, and then the commercial parking spaces be across the street. Smith asks for clarifications on square footage, 5700 sf and 25 beds in dormitory. Smith discusses size of employee housing units in the code, wants to understand the requirements and the ask. Velasco continues presentation. Talks about landscaping and signage, as well as public benefits. Hagedorn says the height has been a concern since the beginning but the 97’ has stayed static. Appreciates the changes with the ski club, is there a reason why the height has not been changed? Velasco says we’re not looking at this as a standalone project, we’re trying to integrate it with the village. We do believe what we’re proposing to give matches up with what we’re asking for. There are improvements to the skier access among others. Hagedorn says the site visit hammered home the scale of that space. The 97’ from the paseo level, looking at comparisons you can see that marked difference. You’re viewing this as future compatibility not current compatibility? Velasco says that’s a good way to say it. Rediker asks for more detail on the building heights of the west wing. Velasco walks through the elevation. The first overhang on the east side stands at 86’ from the paseo level. The peak of the roof is at 97’ above the paseo. The western edge is 60’ from Westhaven and 86’ from the paseo. Smith is concerned about the proximity of the heated paseo to the lift and the ability to retain snow. This is an impervious surface very close to download area. Velasco says they will have those conversations. Rediker asks about off-site parking for commercial uses. Its good they have common ownership, but what happens down the road if those assets are split up? What guarantees to we have in the future that the Aria building will accommodate parking for the commercial site? Velasco says its hard to guarantee but we can see the example of how it was originally developed. The Aria building accommodated the parking for all the developments. Cornerstone should be added to that list. Roy says if it changed ownership in the future, it would remain in the SDD as spaces for that use. Per the code it can be met, but the Town doesn’t get involved with future management or how spaces are 6 Planning and Environmental Commission Meeting Minutes of August 26, 2024 162 allocated inside the development. He gives examples of recent inquiries in other parts of town. Rediker asks if there is anything stopping a future owner from changing the parking use. Roy says they would be looking at an amendment and how the new use related to the parking table. Velasco says we’re coming back to where this site was 40 years ago, when it was under common ownership. The guarantee stands on what would be allowed to be done if it were to change ownership. Right now we want to take advantage of the existing infrastructure. McBride asks about the height. Velasco says its 97’ at the high point of the west wing, this is showing the perceptions of how it is perceived at different areas. McBride asks how that compares to other buildings in Town. Roy says off the top of his head there are maybe two or three that are a similar height. Rediker opens public comment. Mark Lessons lives in Cascade. There is a tractor trailer on Westhaven Drive to feed the hotel that has been there two weeks. You have to drive around that, if the hotel is part of this project that should be addressed as we look at the whole project. Westhaven gets clogged up because of this activity. Mark Waddell lives in Millrace, has concerns with basic operations and congestion in the area. The single lane in and out creates safety issues. When you force this entire neighborhood into two lanes, it doesn’t work. Supports development in general, but they have gotten greedy on this project. Walked through the new J1 housing, it’s the worst design in Vail. If there’s a kitchen fire there is extreme risk. They will exit through a side door and walk on to Millrace private property. How are they going to get to any place they can recreate or enjoy themselves? Grateful for their contribution to the community. Please look at the natural choke points that have been created for the safety of the community, it won't work. Scott Wagner is a Glen Lyons resident, on the board of the metro district. Their conversations with the applicants have been through an attorney. We have yet to have discussions with the applicants about this. The landscaping in the roundabout will not work well, concerned about taking away deceleration lane. Regarding the public benefits there is a lot of take and no give. The escalator is called a public benefit, there are existing escalators in the area that break all the time and have to be serviced out of Denver. Doesn’t understand how the turnaround will be partially heated, the rest is cleared by snowplows. The shade on the street will cause issues, the paseo will entail maintenance. Haven’t heard anything about a drainage study, there is a lot of impervious area. Part of the parking garage is deeded as public parking with TOV, also agreement with Vail Resorts, haven’t seen that in the calculations. The paseo stays dark most of the time, it’s not an extra benefit. What are the public benefits from past approvals in the SDD? The hotel height is not 71’ to his knowledge, it’s shy of 60’. Not in agreement on 97’ of proposed height, 71’ was a past agreement that expired and doesn’t know the concessions for that. Jill Tenenbaum lives in Millrace. Concerned about one way in and out, this is going to create horrible conditions and road congestion. Very pro building, but they’re trying to put an elephant in in a Volkswagen. Concerned about parking, won’t be enough for the retail. We don’t have enough space in the village for what this organization wants to do, they’re putting us all in a precarious situation. Don Guidry owns property in the neighborhood. Not against it, but they need to reduce the scope. Kim Gudmundson is in Millrace. Concerned about ticket office idea, that building will now be in a private building. Who has control over the maintenance? 7 Planning and Environmental Commission Meeting Minutes of August 26, 2024 163 Janie Lipnick lives in Westhaven and is on the metro board. Shares concerns with others, height and bulk will ruin views and cast shadows. Not anti development, just want smart development, also concerned about traffic in and out. Also concerned about no dedicated loading for Cornerstone. Lorenza Cardenas is on the Liftside board. Concerned about setbacks, and the height. After July 8 meeting, they presented a letter with concerns. Concerns are still being ignored and there are slim to none public benefits. The turnaround will cause lots of traffic, where is Liftside supposed to exit? Where is landscaping in the project? The height, scale, and bulk are not compatible and will stick out. 97’ height conflicts the most, the neighbors are around 56’. Request for variations exacerbate the real and perceived bulk and mass. David Foster is counsel to Nolegio partners in Liftside. There are a number of concerns that are covered in the design criteria and necessary findings, in particular compatibility to immediate environment. The PEC has identified height, setbacks are not compatible in previous meetings and there have been no changes. Regarding the comprehensive plan, we’re within resort land use with a maximum density of 25 units per acre, this proposal is 43 dwelling units per acre. This isn’t a master plan, it’s specifically for this site, the conversations about the other properties have been very confusing, which in some respects is on site and some respects off site. Doesn’t understand how reducing the size helps in a use determination, that is now how that is made. Robert Rosen is director of the metro district, agrees with other public comment. No one has spoken to the directors of the metro district. They own the existing ticket office, the applicants don’t have the right to tear it down, it is the board’s property. The proposal interferes with the access to the lift, the metro district has a responsibility to maintain both, doesn’t see how they could agree with that. The height is not acceptable, they don’t have the right to put the escalator or stairs on property that is controlled by the metro district. The PEC or Town Council cant take that away, the district has an obligation. Kim Seter, attorney for cascade metro district prepared a list of issues to be addressed. If you choose to recommend approval, condition #9 the use of those easements affects agreements between metro district and Vail Resorts. There is also a memo from Vail Resorts from August 9th. These two entities combine to operate and control the easement. Jaime Kalb is a Liftside owner, supports comments of other neighbors, concerned about access to lift. This is an ambitious project for a small space. David Flowers says the size of the building is too big for the space. Will create congestion in area that is already congested. If Vail Resorts upgrades lift, this proposal will add more congestion and take away a lot of the views. Rediker closes public comment. He asks for commissioner comment. Rediker brings up loading and delivery, trucks potentially blocking traffic, is that going to be a problem with Cornerstone? Velasco says it will not be a problem with Cornerstone, he’ll look into the comments which is really the operation of the hotel. Rediker asks if the delivery will happen through the existing loading dock. Velasco says for Cornerstone yes. Rediker asks about garbage disposal. Velasco says it will work in inverse to the loading. There are back of the house areas where it would be temporarily stored before being disposed. Rediker asks if dumpsters will be rolled from the paseo level to the CMC building? Velasco says they have not figured out the details of that yet. 8 Planning and Environmental Commission Meeting Minutes of August 26, 2024 164 Smith says trash trucks back down the CMC dock. It’s a valid point but it may have also been worse in recent weeks. Rediker asks staff about easement concerns, we have been directed by town attorney that we are not considering those issues in regard to the nine criteria. Roy confirms, that is the direction from the town attorney. There is a condition regarding the approval from the easement holders prior to building permit. Rediker, what about Liftside concern of parking access with the new configuration? Kassmel says the intent is that Liftside would still enter generally how they do today, the drop off would be two-way, that was the intent in 2008. They would not have to go through the skier dropoff or bus traffic. Kassmel and Rediker discuss access to the Liftside parking under the proposal. Velasco says there is a traffic study which suggested there would be no changes to the deceleration lane. Jensen says as presented he can’t support this, surprised that the mass and scale haven’t changed. Don’t see supporting anything taller than what is allowed. Can’t agree to the owners club as presented, not consistent with town code. The EHU in CMC is not the appropriate location for this project. The parking solution does work, if you lower the mass and scale there will be less required parking which is beneficial to the whole community. Smith thanks applicants. This process is not over, you have to go to council. A lot of valid points in public comment, the application fails to meet criteria 1,2,4, and 9. EHU’s housing is the priority and this fails to meet the code, the housing variations requested are too much of an ask. Dorms became a problem because of the spread of infectious disease. Tucker thanks applicants. It’s a tough site, the mass and scale doesn’t meet the criteria. We’ve brought this up every time, and nothing has changed. It’s insane to try and run all the loading through that dock, there’s got to be another solution. The delivery guys will start using the skier drop off. What about drainage? McBride thanks applicants. Concerned about outstanding issues that haven’t changed, you’re trying to extract every last penny from this property and you’re entitled to that but have to do it within the rules. Haven’t seen enough to change my mind, staff has recommended it not be approved, surprised not to see significant changes. Rediker thanks applicant. Staff put together a good memo, raises a lot of good things about the project, not talking about public benefit which Council will evaluate. It’s a benefit to Town to have this site developed, a lot of aspects of this project make it better. There are some things that are still a concern, first is height of the west building, scale, and bulk as well but height is the biggest concern with zero setbacks. The height is not sensitive to the immediate environment, concerned about garbage disposal. Concerning about criteria #3, parking and loading. There is a public benefit to reorganizing that drop off area, escalator would be safer than those existing stairs. Somewhat concerned about criteria #7, traffic and circulation. You’ve identified a lot of benefits, but the size and height of the west building is not compatible, it should step down as you get further west, wish we had seen a change there. Smith discusses criteria that was not met. Robyn Smith made a motion to Deny with the findings on page 21-22 of the staff memo, amended to does not comply with each and every of the necessary four findings; William A Jensen seconded the motion Passed (5 - 0). 9 Planning and Environmental Commission Meeting Minutes of August 26, 2024 165 3.3 A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 6 (Vail Village Inn), pursuant to Section 12-9A, Special Development Districts, Vail Town Code, to allow for modifications to the approved development plan, and for residential and commercial additions and associated site improvements, located at 68 East Meadow Drive, Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC24-0032) This item has been withdrawn. No action is necessary. Planner: Jamie Leaman-Miller Applicant Name: Village Inn Plaza, represented by Current Architects 4.Approval of Minutes 4.1 PEC Results 8-12-24 (McBride & Tucker abstain) 5.Information Update Rediker brings up sand and oil filters. What are the regulations with regard to maintenance and enforcement. Jensen agrees, says it should be looked at given the amount of money we put into protecting Gore Creek. Roy says they will consult with the Environmental department on potential next steps. 6.Adjournment PEC Results 8-12-24.pdf Robyn Smith made a motion to Approve ; William A Jensen seconded the motion Passed (3 - 0). Robyn Smith made a motion to Adjourn ; David N Tucker seconded the motion Passed (5 - 0). 10 Planning and Environmental Commission Meeting Minutes of August 26, 2024 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 ti PEC Minutes 9/24/90 Meeting Dalton liked the proposal with the most symmetry and Ludwig agreed with Dalton but felt he could be easily swayed to support the proposal with the most landscaping. A motion to approve the exterior alteration submittal B. which included planter landscapina. with the details of the column base to be worked out with staff per the staff memo was made by Kathv Warren and seconded by Chuck Crist. VOTE: 6-0 Ttem No. 3: A reauest for a major amendment to SDD No. 4. Coldstream Condominiums in order to amend Sections 18.46.094 lB) density and 18.46.100 (Bl floor area. at Lot 53 Glen Lvon Subdivision. 147& Westhaven Drive. Applicant: Coldstream Condominium Association. Shelly Mello presented the proposal for staff. She explained that the applicant was requesting a major amendment to SDD No. 4- Cascade Village, Area B -- Coldstream Condominiums. The applicant was proposing to amend Section 18.46.100 (B) Floor Area from 65,000 sq. ft. GRF'A to 67,930. Shelly reviewed the background of the project and rationale behind the request. Shelly reviewed the zoning considerations, criteria, and development standards used in evaluating SDD amendment requests. Staff recommendation was for approval with the conditions found within the memo. Erich Hill, architect representing the applicant, explained that Kevin McTavish, manager of Coldstream, wished to explain the reasons for not going forth with the employee unit. Kevin McTavish stated that the Council would require a recreation fee in an exorbitant amount to be paid at the time an employee unit would be completed. The fee made the cost of completing an employee unit completely unreasonable. Kathy Warren asked Kevin if he would agree to the site coverage limitation called out in the staff memo. Kathy felt that enclosing of garages would be an asset and wanted to give flexibility to the applicant that allowed such an enclosure. Shelly Me11o felt that it would be possible to word the condition in order to exclude the enclosure of carports as counting toward site coverage. 213 PEC Minutes 9/24/90 Meeting Kathy repeated her question to Kevin regarding the site coverage limitation and Kevin asked for clarification. Shelly clarified the limitation and Kevin agreed. Diana commented that if the applicant wished to convert the racquet ball courts to employee housing, they would not have the GRFA available and Shelly explained that they would have to come back before the board. Diana asked if the difference in square footage was due to the building not being built according to plans and Shelly explained that staff felt the discrepancy was due to different methods of calculation, and possibly staff error in the past. Staff felt that the current methods were more accurate. Diana asked if the 250 ordinance could be used on the project and Shelly responded that it could be used, but only internally. Chuck Crist asked about the five parking spaces that were required but not existing. Shelly explained that originally, there were 84 spaces required. Due to the evolution of the project, there were now only 79 spaces. The 79 spaces seemed to be adequate. Diana asked, if the shortage became a problem, could the board require the remaining 5 spaces be added, and Mike answered they could, however, staff did not see a problem presently. Erich Hi11 responded that he had no idea as to where the spaces were originally proposed and Kevin McTavish guessed that it could have been due to the enclosure of the trash facilities. Diana felt that it might be to the Town's advantage to mention the shortage in the conditions that would be listed on the present proposal. Dalton Williams felt strongly about the employee unit. He felt that it was critical with the employee housing shortage far the project to supply housing. He felt that if the Board were to approve additional square footage, employee housing should be included in the proposal. Erich Hi11 commented that the applicant would need more GRFA and Dalton responded that he would be willing to approve additional GRFA. 214 PEC Minutes 9/24/90 Meeting Kevin c~~~„~~ented that $300,000 was a rather expensive 1032 sq. ft. unit. Ludwig Kurz and Jim Shearer had no further comments. Diana asked Kevin if they had a manager's unit, and Kevin explained that there was no manager's office in the racquet club building. The Condominium Association rented a unit far the manager. Diana commented that in some ways, she agreed with Dalton regarding the employee unit. she would like to see a condition that, if the racquet ball court building was converted in the future, that the conversion include employee housing. Kathy Warren suggested simply adding the wording "within the existing racquet ball building" to the condition found in the staff memo. Erich explained that problematically, three units were almost impossible and Kevin added that the original proposal called for one employee unit and offices. Kathy remembered that she was uncomfortable with the amount of office space in the original proposal. She recalled that she felt two employee units could be included at that time. A motion to recommend to the Town Council apuroval of a mayor amendment to SDD No. 4. Coldstream Condominiums ber the staff memo with the following conditions was made by Kathy Warren and seconded by Dalton Williams: 1. The density of the oro-iect shall be reduced from 65 units to 45 free market units fthe number of free market units existinal. and three permanently restricted "emulovee" units, for a total of 48 units allowed. 2. If any chance is made to the racauet ball facility in the future. 2 emblovee units shall be included in the facility. 4 215 PEC Minutes 9/24/90 Meeting 3. The allowable site coveraae shall be reduced to 36.500 sa. ft. from 64,216 sa. ft. Currently, 34.878 sa. ft. of site coveraae exists. The enclosure of the existing carports not to count as site coveraae. 4. Should the Office of Community Develovment deem that the existing parking be insufficient, the applicant will be reauired to install additional spaces. Discussion after the motion centered around the feasibility of building two employee units and an office in the racquet ball building. Kevin, speaking for himself, stated that he felt the government was limiting options rather than creating them. Diana commented to Kevin that the Board was trying to get the message to the public that the need far employee housing is important. VOTE: 6-0 IN FAVOR Item No. 4: A request for a conditional use permit and a side setback variance in order to construct a remediation system at the Vail Amoco Service Station. 934 S. Frontage Road. Applicant: Chevron U.S.A., Inc. Since the proposal had been seen at a previous work session, Jill Kammerer, representing the staff, reviewed only those areas in which changes had been made. Jill explained that the applicant had agreed to move the trees south of the remediation building uphill, install additional landscaping along the station's eastern property line in an area between the back wall of an existing planter and the Town of Vail shop chain link fence, to remove the chain link fence, and to install an irrigation system to water the trees south of the remediation building. The staff rec~,~„~~endation was far approval of the conditional use permit and a side setback variance. Staff believed the extraordinary circumstances of hydrocarbon petroleum product subsoil and groundwater contamination justified a setback variance. The recommendation for approval was conditional upon those items agreed to by the applicant (as mentioned at the beginning of the presentation) being completed. There was no applicant's presentation. 216 MINUTES VAIL TOWN COUNCIL MEETING OCTOBER 2, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, October 2, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Mery Lapin Robert LeVine Peggy Osterfoss MEMBERS ABSENT: Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was the approval of minutes of the September 4 and 18, 1990, meetings. Mery Lapin questioned Kristan Pritz as to the minutes of September 4, 1990, regarding the withdrawal of the request from the Mariott Mark for rezoning ift on second reading. He asked what the staff's opinion was in going forward with that even though the applicant does not wish to go forward with the request regarding underlying zoning. Kristan stated that clearing up the underlying zoning would be helpful for the western and middle portions that would become HDMF, with the eastern portion being originally zoned PA. Mery Lapin asked if there was any question in the staff's mind as to what the underlying zoning is as the property now stands. Kristan stated that at this point in the staff's opinion it is clear, and needed to be put into the SDD so if there was a question in the future the information would be available. Kristan stated she would like to work with the applicant on the application of the zoning. Mery stated that if there was any confusion as to what the underlying zoning was, this would be the time to solve the problem and clarify it for the record. Kristan stated that it was clear to her but thought it would be helpful for any future staff person to define the position. Peggy Osterfoss made a motion to approve the minutes of September 4 and September 18, 1990. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously. There was no Citizen Participation. The next item on the agenda was Ordinance No. 33, Series of 1990, first reading, an ordinance amending Special Development District No. 4, Coldstream Condominiums. Mayor Rose read the title in full. Shelly Mello presented the ordinance to the Council, amending the GRFA allowed at Coldstream Condominiums and SDD No. 4. The applicant is asking for an increase of 1032 additional square feet of GRFA. Shelly stated that as a result of remeasuring the property, the GRFA was actually 66,878 square feet, rather than 63,968 square feet which was indicated in the Town of Vail files. The staff recommends approval of the request with conditions as stated in the staff memo. Shelly also stated the Planning Commission had approved the request unanimously, with additional restrictions as listed on the first page of the memo. Eric Hill, representing the applicant, gave a history of the project. The Council raised concerns regarding the need to grant the additional GRFA, what the additional space was to be used for, parking concerns, recreational amenities, and employee housing. Shelly stated it had been disclosed that they had received their rec fee back of approximately $23,000.00, which would have to be repaid when the applicant requests to convert the existing facility. Tom Steinberg asked if it wouldn't make more sense to ask for the additional GRFA when the condominium association was in a position to request approval for the addition of an affordable housing unit, rather than making it a two-step process. Peggy Osterfoss concurred. Mayor Rose felt the consensus of the Council was that the concept of additional GRFA was not opposed, but it should be granted when the applicant comes in for employee housing approval. Kevin McTavish, representing the condominium association, stated the owners did wish to use this additional GRFA for a deck expansion, but that the requirement to build 2-3 employee units in a given place was highly restrictive. He stated that the racquet facility was unused at this time and would be the most likely spot for41employeehousing. After a lengthy discussion, Mery Lapin made a motion to deny Ordinance #33, Series of 1990, on first reading. Peggy Osterfoss seconded the motion. Rob LeVine asked to go on record as saying that if and when the applicant 217 comes back and requests the space specifically for employee housing that he would be receptive to approval. Mery Lapin agreed. Peggy Osterfoss stated that it would be beneficial to have a more comprehensive plan in place before resubmittal. A vote was taken on the motion and was passed unanimously. The next item on the agenda was first reading of Ordinance #34, Series of 1990, an ordinance relating to bed and breakfasts paying a Town annual business license fee and being treated in the same manner as short term rental businesses. Mayor Rose read the title in full. Sally Lorton, sales tax administrator, presented the ordinance to the Council. Sally stated that the purpose of this ordinance was to regulate bed and breakfasts in the same manner as short term rental businesses were being regulated. Any unit with more than 2 rental units would be required to pay a license fee. Mery Lapin asked how many units were presently licensed in the Town. Sally stated there were two licensed and approximately 7 or 8 unlicensed businesses in town. Larry Eskwith, Town Attorney, advised the Council that this ordinance was identical to the short term rental ordinance. There was discussion as to which businesses would be required to pay the business license fee. Mery Lapin made a motion to approve Ordinance #34, Series of 1990, on first reading. Tom Steinberg seconded the motion. Peggy Osterfoss stated that she felt both short term rentals and bed and breakfasts should be contributing in some way to the marketing fund like all other businesses in the community. For that reason, she felt that she would not be able to vote in favor of this ordinance. Mery Lapin stated that considering the enforcement problem and amount of monies it involved, he thought it was not good legislation the way we presently were doing it. Mayor Rose stated that he shared Peggy's thoughts on this, but also felt that with what was going to happen at the County or State level with the reassessment of residential property to commercial property, this ordinance and several other ordinances would need to be further reviewed regarding commercial uses. Peggy Osterfoss agreed and concurred that some other arrangement should be reviewed for a marketing fee that wasn't based on operating a business. Tom Steinberg stated that they do contribute in a small way by paying sales tax. Peggy Osterfoss asked how many do, in fact, pay sales ,tax. Sally Lorton stated that the businesses do want to pay the sales tax, but did not feel that a business license fee was appropriate. Mery Lapin stated that he felt many of the businesses were doing this as a matter of survival, not as a profitable business, and they were, in fact, helping the economy. A vote was taken on the motion and the motion passed unanimously. Peggy Osterfoss stated that she had inadvertently voted for the motion. The next item on the agenda was the first reading of Ordinance #35, Series of 1990, an ordinance defining the term "construction materials". Mayor Rose read the title in full. Mery Lapin stated that he thought this ordinance had been presented to Council previously and questioned the legality of it. Larry Eskwith stated that this does not change anything, only defines the term. There was some discussion on the definition of construction materials. A motion was made by Rob Levine to approve Ordinance #35, Series of 1990, on first reading. Tom Steinberg seconded the motion. Mery Lapin clarified the purpose of defining what are construction 10 materials for tax purposes, those items being considered construction materials being tax exempt. A vote was taken and the ordinance was approved 5 - 1, Lynn Fritzlen opposing. The next item on the agenda was the action on the Forest Service Participating Agreement, Ron Phillips addressed the Council regarding the work being done over the past year by the Forest Service, the Town of Avon, the Town of Minturn, Eagle County, and the two resort associations, to reach an agreement regarding the new information center at Dowd Junction. Phillips stated that the agreement presented to the Council had been approved by most of the entities involved, and $15,000.00 is budgeted to contribute to that effort. This is the same amount that is being contributed by the Town of Avon and Eagle County. The money contributed will be used to construct a public area in the main entry office of the Forest Service building for a visitor center. Tom Steinberg stated that Eagle County's contribution was $13,500. Mery Lapin asked if the Town of Vail would be supplying any personnel at the facility. Ron Phillips stated that URA and ABCRA have the right to provide personnel if they desire. Bill wood, from the White River National Forest Service office, stated that he had spent quite a bit of time over the last year working with Ron and the signatories on the agreement, getting it to a point where it was ready to be signed. He did state that the Avon/Beaver Creek Resort Association, because of some internal considerations, is unable to sign this agreement at this time. All of the other entities are receptive to this agreement. He did not feel this would affect the VRA or the Town of Vail. Mery Lapin asked what the annual operating costs were expected to be. Bill stated that he estimated that the overhead costs would be approximately $10,000. This does not include Forest Service personnel. Bill stated that the building the Forest Service is 2- 218 presently occupying will go back to its owners. Mayor Rose asked Bill to give an overview of what will be housed in the new facility and the benefit to the community. Bill stated that the building will be located at 1-70 and Highway 24. Start-up date for building is May 1, 1991, with plans to be occupying the facility in October of 1991. The office will be open 8-5 Monday through Friday on a year-round basis, with the office being opon on weekends during the summer months. He stated that VRA had expressed an interest in staffing it on weekends on a year-round basis. The Forest Service felt this was a highly visible location and had high potential to serve as a Regional Information Center for all area entities. Tom Steinberg asked if the Forest Service received credit for tap fees from the old Meadow Mountain building that was previously on that site. Bill stated that he did not believe they did. He stated the Forest had to develop their own water system there, but the engineers were working on the sewer tap fee issue. Peggy Osterfoss reiterated her concern of extending the hours of operation, particularly during the summer. Bill agreed. A motion was made by Mery Lapin that the Participating Agreement between the White River National Forest, the Avon/Beaver Creek Resort Association, the Vail Resort Association, the Town of Minturn, the Town of Avon, the Town of Vail, and Eagle County be approved. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was the appeal of the PEC decision to approve the preliminary plan, retaining wall height variance, and road grade variance for the Spraddle Creek Subdivision: George Gillett, applicant. Mayor Rose excused himself from the bench, as the company he works for has been involved in the design of the project. He stated he would be available for any questions that should arise in the discussion. Jay Peterson, representing the applicant, gave a brief history of the project prior to Kristan taking the floor. Kristan stated she would be hitting the highlights of the proposal and that the staff did recommend approval on two variances regarding retaining wall height, road grade variance, and the preliminary plan. Kristan stated there were 14 buildable hillside residential lots, each of which may have a caretaker unit up to 1200 square feet. Three employee housing units will also be built. There was discussion regarding the time frame for building the employee housing units. Kristan explained the soil -nailing system to the Council. The staff had asked the applicant to look into this type of system for the project. Various types of landscaping plants, bushes, and vines, were discussed by the Council and applicant. Kristan reviewed each item in the staff memo dated September 24, 1990, to the Council. A concern was expressed by Peggy Osterfoss relating to the length of time the applicant will be responsible for the landscaping of the project. Also, it was felt a minimum square footage amount for the caretaker units should be determined between staff and the applicant. There was discussion relating to an on -site livery being allowed within the subdivision. Kristan stated that the next step would be to go back to the Planning Commission for final plat approval. Peggy Osterfoss reiterated her concern for at least one employee housing unit to be built in phase one of the project. Tom Steinberg requested that the word vines" be added to the list in Item #23. Kristan stated that the applicant had worked very closely with the staff to ensure that all points were covered and fine-tuned before presentation. Jay Peterson wished to mention that Bill Wood from the Forest Service had given a lot of his time in working with the applicant and staff as well, in the preparation process. After some discussion relating to filing fees vs. time spent on this project thus far, Mery Lapin made a motion that the PEC decision and recommendations October 2, 1990, on the Gillett subdivision be approved, with the clarification on Item #7, relating to only one woodburning fireplace utilized in the total structure; on #9, that the life of the trees be addressed to be at least 2 years and be replaced if they don't survive; on Item #19, a minimum square footage be added and that a time be put on when the first employee housing unit would be added; and on #17, put a definite time on the period rather than saying two to three. Rob LeVine seconded the motion. Peggy Osterfoss stated that a good job had been done by the staff and the applicant on this project thus far. A vote was taken and the motion passed unanimously. Dan Corcoran stated he would like to thank Kristan Pritz, Greg Hall, and Todd Oppenheimer, for their hard work and for the department heads within the Town of Vail for their assistance. The next item on the agenda was a request to amend the Town of Vail's snow avalanche hazard map in the general vicinity of Vail Meadows, Filing No. 1. Greg Hall and Shelly Mello, representing the Town of Vail, presented the item to the Council. A map was handed out to the Council relating to Lot 22, Vail Meadows Filing No. 1. The red and blue hazard areas were defined on the maps given to the Council. Art Mears, an expert in the field of avalanche hazards, was hired by the Town to study the subject area and report back to the Town on his findings. The study being proposed for adoption shows that the red hazard zone is moved uphill to the east while the end of the blue zone essentially remains the same, as indicated in the 1977 study. The new study would allow for development on Lot 22. Art Mears gave a 3- 219 report to the Council on his findings. One of the major concerns was in regard to the effects of the water tower above the subject lot if it were to be in the path of an avalanche. The Council is being asked to amend the hazard map according to the information found by the Mears' study, as the Town of Vail requested and paid for the study, rather than the property owner. The Council asked Larry Eskwith what his opinion was as to who would be liable for the damage if the water tank were to break. Larry stated that he would need to investigate the matter further before giving an opinion. After some discussion, Peggy Osterfoss made a motion to approve the request to amend the Snow Avalanche Hazard Map in the general vicinity of Vail Meadows. Tom Steinberg seconded the motion. Tom Steinberg asked if Upper Eagle Valley was aware of all this information. Jerry Bender from Upper Eagle Valley Consolidated Water and Sanitation Districts addressed the Council and assured them the district was very much aware of the study and possible liability and they were reviewing the studies conducted. Motion passed 5-2, Mery Lapin opposing. Mayor Rose thanked all concerned with work done on this project. The next item on the agenda was an appeal of the DRB decision to deny approval of construction of a fence/trench to mitigate rockfall hazard at Booth Falls. Greg Hall of the Public Works Department, the applicant, presented the item to the Council. There was discussion on the use of the trench/fence method as opposed to the berm/trench presently being used to mitigate the rockfall hazard. Mayor Rose stated that the Council should see the fence/trench solution presentation that the DRB saw. Ken Brotsky, Senior Vice President of Banner Consulting Engineering and Architects of Glenwood Springs whose firm has been retained by the Public Works Department to design and monitor construction of a rockfall mitigation system, gave a presentation on the fence/trench solution to the Council. He stated the fence was developed in Switzerland, and has been introduced in the United States within the last 4-5 years. The proposal calls for removing a portion of the existing berm and placing that material back into the trench to develop a wide flat area. The fence could then be installed in the flat area. This flat area will also allow some room behind the fence for equipment to remove any rocks that had fallen down. It was felt that the area below the fence could be removed from the high hazard area with the installation of this fence. Jill Kammerer asked Ken to address the stability of the existing berm and whether the Council needed to be concerned about the solution to the problem prior to next spring. Ken stated that there was a concern at the same time last year and felt that precautions taken then eliminated the danger of the berm coming down the hill. The cost of the fence is approximately $200,000. Larry Eskwith asked the Council to deal with the matter of the appeal of the DRB decision at hand, rather than get into the matters that may relate to a current lawsuit involving the Town of Vail resulting from existing berm construction. Discussion was held as to the landscaping to be done to eliminate the visual impact of the scar currently on the mountainside, and who will be paying for the mitigation to be done. Larry Eskwith again stated that the issue at hand was the DRB decision regarding construction of the fence/trench, as opposed to areas the Council was getting into at this time. Larry suggested that the Council should call an Executive Session to discuss these concerns. Ray Story, Booth Falls resident, voiced his concerns with the chain on events leading to the decision to install the fence/trench solution. Mayor Rose stated that he would not be able to make a decision at this meeting, although he felt the discussion that was held was beneficial in knowing what the DRB concerns were. He felt the next step would be to go into an Executive Session in the very near future and discuss the Council's legal responsibilities, liabilities, and thoroughly understand the issue, and then come back into a public discussion. Larry Eskwith agreed. Larry stated to Ray Story that the Town had not gone out to bid for this solution and that nothing has been done to proceed with it. Because of the time limitations, it was felt that the Town needed to get DRB approval as soon as possible so that if this was the solution chosen, it could be done this fall. A motion was made by Lynn Fritzlen and seconded by Mery Lapin to table this issue until further direction from the staff. Ron Phillips, Town Manager, informed the Council that Joe Pellar called him today, owner of the lot at the west end of the mitigation. Ron had been asked to express to the Council Mr. Pellar's opposition to the fence. Mayor Rose stated to Larry that if the motion did pass to table the issue, an Executive Session needed to be scheduled as quickly as possible so the Council could understand the legal issues. Larry suggested the next Council work session. Peggy Osterfoss asked Larry to also give the Council guidance as to how the neighborhood could be involved in the solution to this. A vote was taken and the motion passed unanimously. The last item on the agenda was an appeal of the DRB decision to deny approval of a proposed bike path on the north side of Bighorn Road in Colorado Department of Highway right-of-way. Mayor Rose stated that this was located mainly in the East Vail area from Streamside Circle to the east Town boundary. Jill Kammerer and Greg Hall presented the appeal to the Council. The wall in question could be constructed 4- 220 out of several different types of materials and these were presented to the Council. The Highway Department was against the dry stack boulder wall. The DRB voted against the wall only because of the 1100 foot longth. The wall varied in height between 2-4-6 foot lengths. The cost of the wall was also a DRB concern. If the wall were to extend above 6 feet, it would need a variance approved by PEC. The application has been tabled at this time. dill Kammerer stated that the reason the design of the wall had gone to Design Review Board before the wall height variance had been requested was the materials to be used in constructing the wall would make a difference in the height variance requested from the Planning Commission. Greg reviewed the Highway Department's concerns over the wall and the widening of the bike path. Tom Steinberg asked if there were traffic figures for automobiles using this particular section of the road. Greg stated that these figures were available, however, he did not have them with him. Peggy Osterfoss asked why the DRB was concerned with the cost of the construction. Greg stated hat the DRB was possibly over -stepping its boundaries at that point. Tom Steinberg stated that the reason he asked about the traffic numbers is the possibility of one-waying traffic at that point and bringing the traffic back through the developments and using some of the highway right-of-way for bicycles on each side of the road. Tom was interested in investigating a way to do away with the construction of the wall. Greg stated that the road in question is a Town of Vail road that the Town has jurisdiction over. The only concern the Highway Department would have is the fill flow. Much discussion was held relating to the location of the path. Mery Lapin concurred with George Lamb's memo regarding rerouting of the bike path, stating that there was enough traffic on Bighorn Road, with cars and buses traveling there. Greg stated that buses did not use this particular road on their routes. Mayor Rose stated he thought it would be beneficial for the Council to take a look at the area in question to see what options were available. Mery Lapin suggested getting inputtofromlocalbikersalso. A motion to table this issue until the Council reviews their options was made by Rob Levine and seconded by Tom Steinberg. A vote was taken on the motion and it was passed unanimously. As there was no further business, the meeting was adjourned at 11:35 p.m. ATTEST: Pamela A. Brandmeyer, own Clerk Minutes taken by Mary A. Caster Respectfully submitted, Kent ft. Rose, Mayor 5- 221 PRESENTATION BY Heather Knight Planner Ordinance No.14 Major Amendment to SDD #4 Cascade Village Coldstream Condominiums 222 Vicinity Map Town of Vail | Coldstream | vailgov.com 223 SDD #4, Area B History Town of Vail | Coldstream | vailgov.com •SDD #4, Cascade Village, was adopted by Ordinance #5 Series of 1976. Over 20 amendments to the SDD have occurred since then. •There are 5 areas in SDD #4: •Area A – Cascade Village •Area B –Coldstream Condominiums •Area C – Glen Lyon Primary/Secondary & Single-Family Lots •Area D – Glen Lyon Commercial Site •Area E – Tract K The entire Cascade Village SDD is approximately 97.5 acres. Coldstream itself is situated on an approximately 4.21acres (+/-183,479 sf) parcel designated as Area B. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on underlying zoning, there is no underlying zoning for Cascade Village. Uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. 224 Coldstream Project Background Town of Vail | Coldstream | vailgov.com •Coldstream Condominium development was completed in 1981 and included 45 dwelling units. •In 1990, PEC approvals were granted for amendments to the SDD for an increase in GRFA but tied to conditions. However, Town Council denied this request and noted that it was not due to GRFA but to condition of employee housing. •In 2011, a similar project to this one was brought to the PEC but was stalled due to budget constraints. The PEC generally supported this proposal. •In 2012, a second PEC work session took place with the same components as 2011. Again, the project was stalled due to budget constraints. •In early 2024, the project again resurfaced and a worksession with the PEC occurred. Comments were positive regarding the garage location into the setback and the addition of landscaping to minimize the garage appearance was positively noted by the PEC. •At the August 26, 2024 PEC meeting, the current project was recommended for approval by a vote of 5-1 (Smith opposed). The PEC comments were positive regarding the setback and GRFA shift, commenting that the setback ask is mitigated because it is located below grade. The PEC also noted that the proposed EHU square footage is going beyond the requirement. 225 Existing Site Plan Town of Vail | Coldstream | vailgov.com 226 Existing Conditions Town of Vail | Coldstream | vailgov.com 227 Proposed Site / Landscape Plan Town of Vail | Coldstream | vailgov.com 228 Proposed Development Highlights Town of Vail | Coldstream | vailgov.com Major elements of the re-development plans include the construction of five new free- market condominiums, one new employee housing unit, a new parking garage and associated site improvements including: •The removal of the surface parking, tennis court, clubhouse building and open carports on the south end as well as those on the north side. •Build enclosed, minimally heated garage to replace existing carports and surface parking, plus two (2) spaces for each new unit, including EHU. Entrance to garage is on the north side due to slope of Westhaven Drive and the access drive and exit is at the west end. •Roof of garage to step down with grades of adjacent drive. •Roof of garage to be fully landscaped except at west end where adjacent Owners have requested, to stay as low as possible. •Three exterior parking spaces at the east end will be used as short-term parking and EV charging (2). •Entrance to Coldstream from Westhaven Drive will be widened and re-landscaped to make it easier to come and go. Existing sign to remain. 229 SDD #4, Area B current development standards Town of Vail | Coldstream | vailgov.com 230 Proposed Deviations from SDD No. 4 Town of Vail | Coldstream | vailgov.com Adjacent properties to the south are zoned HDMF. If the development standards of HDMF were applied to Coldstream, then the GRFA and density would be more than double the allowable in the SDD. The allowable setbacks are the same (20 feet). 231 Proposed Deviations to SDD #4 Town of Vail | Coldstream | vailgov.com The applicant is proposing two changes to the development standards in SDD #4, Area B: •Reduction of the current side setback standard to bury garage within 5 feet of south property line. Where development is above grade, the building will step back to accommodate the current allowable setback (20’). •Increase in GRFA as current GRFA standard is not sufficient. The addition of the housing units accounts for the increase in needed GRFA. Section showing adjacent property grade and location of below-grade parking garage 232 Project Key Components Town of Vail | Coldstream | vailgov.com •Dwelling Units: Proposing 5 for sale dwelling units and 1 EHU, bringing the density to 50 units. This is well below the maximum allowable of 65 units. •EHUs: Proposing 1 onsite EHU that fulfills the requirement for the project •GRFA: The existing development exceeds the current maximum allowable GRFA set by the SDD. The 5 proposed units would increase the GRFA by approximately 11,000 sf. •Parking: The proposed garage creates a requirement for 12 new spaces (10 for the five condominiums and 2 for the EHU). Proposed improvements displace 48 existing surface and carport spaces. The proposed parking garage is designed for 61 parking spaces and 3 new surface spaces. This fulfills the parking requirements. •Height: The current allowable height in Area B is 48 feet. The proposed improvements have been designed within this limitation. •Setbacks: SDD #4 currently requires that all setbacks to be 20 feet. The proposed residential portion of this development would meet that requirement. However, the parking garage would be located approximately 5 feet from the south property line. At the south property line, the majority of the proposed garage would be below grade. 233 Proposed 3D showing adjacent property Town of Vail | Coldstream | vailgov.com 234 Proposed Plans Town of Vail | Coldstream | vailgov.com 61 spaces in garage plus 3 exterior spaces 235 Proposed Plans Town of Vail | Coldstream | vailgov.com 236 Proposed Elevations Town of Vail | Coldstream | vailgov.com Building 1 Building 2 Building 3 237 3D Models Town of Vail | Coldstream | vailgov.com 238 Thank you 239 Vail TC Work Session Coldstream Condominiums About Coldstream Coldstream SDD Amendment 240 Vail TC Work Session Coldstream Condominiums Location Coldstream SDD Amendment 241 Vail TC Work Session Coldstream Condominiums About Coldstream Coldstream SDD Amendment •Completed in 1981 •Deteriorating carports/Tennis courts/Courts Building •PEC Work Sessions 2012 and 2023 •PEC approval 2024 242 Vail TC Work Session Coldstream Condominiums Unique Plan Coldstream SDD Amendment •Not a “traditional development project” •The revenue functions as the “economic engine” for HOA to fund improvements •Parking garage. •EHU •Implementation of Phase II • Further the tradition of continually maintaining and upgrading their community. 243 Vail TC Work Session Coldstream Condominiums Existing Conditions Coldstream SDD Amendment 244 Vail TC Work Session Coldstream Condominiums Existing Conditions Coldstream SDD Amendment •Degraded •Unsafe/ Unusable •Compromised retaining walls •Carports not compatible with modern vehicles •Court building only safe for storage 245 Vail TC Work Session Coldstream Condominiums Re-development Concept Proposed Changes: 1.To remove the surface parking, tennis court, clubhouse building and open carports on the south as well as those on the north side. 2.Build enclosed, heated garage to replace existing carports and surface parking, plus 2 spaces for each new unit, including EHU. Entrance to garage is on the north side due to slope of Westhaven and the access drive and exit is at the west end. 3.Build 3 duplexes on top of garage to help pay for garage. Five market units at slightly over 2000 SF and one for-sale EHU at 1200 SF. 4.Roof of garage to step down with grades of adjacent drive. 5.Roof of garage to be fully landscaped except at west end where adjacent Owners have requested we stay as low as possible. The roof in that area will be ballasted membrane. Coldstream SDD Amendment 246 Vail TC Work Session Coldstream Condominiums Re-development Concept Proposed Changes: 6.East end of garage will be used for Owner storage. 7.Three exterior parking spaces at the east end will be used as short-term parking and EV charging (2). 8.Entrance to Coldstream from Westhaven will be widened and relandscaped to make it easier to come and go. Existing sign to remain. Coldstream SDD Amendment 247 Vail TC Work Session Coldstream Condominiums Re-development Concept •Benefits: •Improving an existing property built in the 1980s •Eliminate deteriorating carports/Tennis courts/Courts Building •65 spaces converted to enclosed Garage •Five free market condominiums •Enhance project entry/arrival Landscape and Radii •One on-site EHU w/ 2 Parking and Storage Coldstream SDD Amendment 248 Vail TC Work Session Coldstream Condominiums Re-development Concept •Public Benefits: •One 1200sf on-site EHU •Exceeds the 1000sf requirement (Inclusionary Zoning) •2 Heated Parking spaces •Secure Storage •Suitable for family/executive •All units type A2 construction •$100,000 contribution •Pedestrian path •Purchase Deed Restriction •Raises quality of property and neighborhood •Increased property tax revenue •Increase in transfer fees •Recreation Fee contribution Coldstream SDD Amendment 249 Vail TC Work Session Coldstream Condominiums Re-development Concept Coldstream SDD Amendment 250 Vail TC Work Session Coldstream Condominiums Re-development Concept Coldstream SDD Amendment 251 Vail TC Work Session Coldstream Condominiums Re-development Concept Coldstream SDD Amendment 252 Vail TC Work Session Coldstream Condominiums Re-development Concept Coldstream SDD Amendment 253 Vail TC Work Session Coldstream Condominiums Re-development Concept Coldstream SDD Amendment Allura Vail 254 Vail TC Work Session Coldstream Condominiums Coldstream SDD Amendment Re-development Concept 255 Vail TC Work Session Coldstream Condominiums Landscape Plan Coldstream SDD Amendment •Redesigned Entrance increased radii •Landscaped for screening and privacy 256 Vail TC Work Session Coldstream Condominiums Zone District Comparison Coldstream SDD Amendment Proposed Density=10.6 units/Acre 257 Vail TC Work Session Coldstream Condominiums Review Process Zoning and Development Standards Dwelling Units Building Height Site Coverage Landscaping Parking EHU GRFA Setback Coldstream SDD Amendment 258 Vail TC Work Session Coldstream Condominiums Review Process Change From Development Standards Coldstream SDD Amendment 5’ Subterranean Setback for Garage 259 Vail TC Work Session Coldstream Condominiums Review Process Change From Development Standards Coldstream SDD Amendment •The five condominiums would add approximately 11,000 sf of GRFA to the site resulting in ~77,000 sf •The EHU, considered a Type III unit would not count towards GRFA. GRFA 260 Vail TC Work Session Coldstream Condominiums Summary Coldstream SDD Amendment •Not a “traditional development project” •The revenue functions as the “economic engine” •Fund improvements •Parking garage. •EHU •Implementation of Phase II • Further the tradition of continually maintaining and upgrading their community. 261 Vail TC Work Session Coldstream Condominiums End of presentation Coldstream SDD Amendment Allura Vail 262 Vail TC Work Session Coldstream Condominiums End of presentation Coldstream SDD Amendment 263 AGENDA ITEM NO. 6.2 Item Cover Page DATE:October 15, 2024 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Community Development ITEM TYPE:Action Items AGENDA SECTION:Public Hearings (7:05pm) SUBJECT:Ordinance No. 13, Series of 2024, Second 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 (7:35pm) SUGGESTED ACTION:Staff recommends the Town Council make the following motion: motion to approve Ordinance 13, Series of 2024 with the exclusion of Sections C406.1, C40631(2), C4061(e), C4061(5) and R4016.2.5 of the International Energy Conservation Code (IECC). 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 10-15-24 Ordinance 13 Series 2024 Codes by Reference-O092624 Final 9.27.24 264 To:Town Council From:Town of Vail Building Department and Vail Fire & Emergency Services Date:October 15, 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. 265 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. On October 1, 2024, Council recommended approval of Ordinance No. 13, Series of 2024 on first reading. IV.STAFF RECOMMENDATION The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2024 upon second 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. The only change since first reading is that amendments to Sections C406.1, C406.1(2), C406.1(3), C406.1(5), R401.2.5, of the 2024 International Energy Conservation Code (IECC) have been redacted and excluded from the adoption of the 2024 International Energy Conservation Code (IECC), as shown in the attached redline. Staff recommends that the Vail Town Council make the following motion: Motion to approve Ordinance 13, Series of 2024, with exclusion of Sections C406.1, C406.1(2), C406.1(3), C406.1(5), and R401.2.5, of the 2024 International Energy Conservation Code (IECC) V.ATTACHMENTS Redline of Ordinance No. 13, Series of 2024 (changes since first reading) Ordinance No. 13. Series of 2024 for second reading 266 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 267 2 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 268 3 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 269 4 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 270 5 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 271 6 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 272 7 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 273 8 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 274 9 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 275 10 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 276 11 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 277 12 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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). 278 13 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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: 279 14 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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." 280 15 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 281 16 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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." 282 17 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 (18.6m 2) 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. 283 18 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 284 19 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 285 20 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 286 21 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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." 287 22 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 288 23 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 289 24 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 290 25 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 9 291 26 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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. 292 27 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 293 28 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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: 294 29 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 295 30 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 296 31 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 297 32 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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). 298 33 10/11/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@0C0B493C\@BCL@0C0B493C.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 1st day of October, 2024, and a public hearing for second reading of this Ordinance set for the 15th day of October, 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 15th day of October, 2024. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 299