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HomeMy WebLinkAbout2025-02-04 Agenda and Supporting Documentation Town Council Afternoon Meeting1.Site Visit to Vail Transportation Center (11:30am) 241 South Frontage Road East, Vail, CO 81657 (60 min.) 2.Break (12:30pm) 3.Call to Order (1:00pm) 4.Presentation/Discussion (1:00pm) 4.1 Parking Infrastructure Discussion (1:00pm)45 min. Listen to presentation and provide feedback. Presenter(s): Greg Hall, Public Works Director Background: Provide Town Council with an update on the recently completed Structural Assessment of the Vail village and Lionshead Parking Structures. 4.2 Summer Managed Parking Discussion (1:45pm)45 min. Listen to presentation and provide feedback. Presenter(s): Greg Hall, Public Works Director and Stephanie Kashiwa, Parking Operations Manager Background: Update Council on the discussions with Parking and Mobility Task Force regarding 2025 summer parking operations and potentially initiating managed parking during the summer. 4.3 Vail Transportation Center Expansion Planning & Design Project Presentation (2:30pm) 45 min. Listen to presentation identifying an outline of project, process, and opportunities; and confirm direction. Presenter(s): Tom Kassmel, Town Engineer; Lou Bieker & DJ Gratzier, 4240 Architecture Inc. Background: The Town of Vail has contracted with the 4240 Architecture Inc. team to complete the planning and design of the future expansion of the Vail Transportation Center. The VAIL TOWN COUNCIL MEETING Afternoon Session Agenda Vail Town Council Chambers and virtually by Zoom. Zoom meeting link: https://vail.zoom.us/webinar/register/WN_IBwA-O-eS721Mizu3dYyDQ 11:30 AM, February 4, 2025 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Council Memo 020425 - Parking Structure Structural Assessment Council Memo 2.25 - Summer Managed Parking (002) 2.25 Council Summer Managed Parking Summer Parking Public Comment 1 planning and design process will utilize the recently adopted Vail Mobility and Transportation Master Plan as a guideline to identify the future needs for a new and updated Vail Mobility/Transit & Arrival Center. 4.4 Non-Profit Housing Corporation Formation Discussion (3:15pm) 30 min. Listen to presentation to provide feedback. Presenter(s): Jason Dietz, Housing Director and Carlie Smith, Finance Director Background: Update Council on the West Middle Creek Village Apartments Development and approve the formation of the Non-Profit Corporation. 5.DRB/PEC (3:45pm) 5.1 DRB/PEC Update (5 min.) 6.Information Update (3:50pm) 6.1 January 14, 2025 VLHA Meeting Minutes 6.2 January 2025 Revenue Update 7.Matters from Mayor, Council, Town Manager and Committee Reports (3:50pm) 7.1 Matters from Mayor, Council, and Committee Reports (15 min.) 7.2 Town Manager Report (5 min.) Proposed Vail Social Date: September 9th 7.3 Council Matters and Status Update 8.Executive Session (4:10pm) (30 min.) Executive Session pursuant to: 1. C.R.S. §24-6-402(4)(b) - to hold a conference with the Town Attorney, to receive legal advice on specific legal questions regarding Short Term Rentals; and Council Memo 2-4-25 2025.01.29 - VTC 2_4_25 TC Meeting Final 250204 WMC Formation Memo Financing Update- Current Rates (1.24.2025) Ordinance 1 Series 2025 Authorizing the Creation of the Corp Loan Agreement (FOR FILING) Bylaws-Vail Housing Partners (FOR FILING) Quit Claim Deed (FOR FILING) Promissory Note (FOR FILING) Articles of Incorporation (FOR FILING) PEC Results 1-27-25 2025-1-14 VLHA Minutes 250204 Revenue Update TM Update 020425 250204 Matters.docx 2 2. C.R.S. §24-6-402(4)(a) - to consider the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest, C.R.S. §24-6-402(4)(b) to hold a conference with the Town Attorney, to receive legal advice on specific legal questions, and §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations develop a strategy for negotiations and instruct negotiators and on the topic of Resolution No. 9, Series of 2025, A Resolution Approving the Termination and Release of Restrictive Covenant for the Property known as 363 Beaver Dam Circle, Vail, CO 81657. 9.Recess 4:40pm (estimated) 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 970-479-2460 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 3 AGENDA ITEM NO. 4.1 Item Cover Page DATE:February 4, 2025 TIME:45 min. SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion (1:00pm) SUBJECT:Parking Infrastructure Discussion (1:00pm) SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):Greg Hall, Public Works Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 020425 - Parking Structure Structural Assessment 4 TO:Vail Town Council FROM:Greg Hall, Director of Public Works, and Transportation John King Facilities Manager Stephanie Kashiwa Parking Operations Manager DATE:February 4, 2025 SUBJECT: Parking Structure Structural Assessment I.SUMMARY The purpose of this item is to: Provide Town Council with an update on the recently completed Structural Assessment of the Vail Village and Lionshead Parking Structures Discuss the findings as it relates to the Capital Maintenance Budget and longer-term options and alternatives regarding comparing life cycle cost analysis of the structures. Provide staff direction regarding 2025 Capital Projects Provide staff direction on further investigations regarding funding sources to offset the increased capital maintenance costs. II. BACKGROUND The Town of Vail hired the structural firm of JR Harris to perform a structural assessment of the town’s two major parking structures Vail Village and Lionshead. JR Harris has been working with the town over the past 30 years. The last major assessment was performed in 2014 with a limited assessment regarding double twin tees in 2019. This structural assessment was performed with greater inspection of both structures. The town blocked off portions of the garage being inspected so there were no cars to block visual and physical access allowing for a comprehensive and complete inspection. This is only the structural assessment of the garage components. It should be noted there are other systems which are also reaching the end of their useful life. These include fire and carbon monoxide alarm systems, fire sprinkler systems, lighting and electrical systems, mechanical venting systems, as well as snow melt, elevators, plumbing and drainage systems. The town will be assessing these systems in the next couple of years. The structural assessment is the most critical to address. The Vail Village structure is now 50 years old, and the Lionshead Structure is 45 years old. The expected life of a parking structure is 50 years. Even though the two structures are near the end of their useful life, it does not mean they are in disrepair. What it does mean is like an older automobile or house, the maintenance costs are going to be more expensive going forward. The useful life of an asset can be extended with investments in key components of the asset. 5 Town of Vail Page 2 The parking structures are like roadway bridges. They are designed to move both by temperature changes through the seasons, and as vehicles(loads) are placed on them. This constant movement over the years wears on members and components of the structure. Left unchecked the structure will overtime require replacement. The major difference between Vail parking structures and roadway bridges is the weight differential that bridges experience with much heavier truck loads over their life and the significant use of deicing chemicals. Besides movement which introduces cracks, moisture and chlorides used for deicing cause issues with the reinforcing and integrity of the structure. The combined value of the Town’s two parking structures are in the $200-$300 M dollar range regarding full replacement cost. Keeping the asset well maintained will allow the structures to last well into the future. Deferring maintenance or allowing deterioration to go unchecked is a recipe for a much larger financial investment up to and including replacement. If the town were forced to replace the structures, being able to finance not one but the two structures for replacement is outside the Town’s current bonding capacity. A second issue with full replacement, is the time to take down and then replace the structures. A project of this size could not happen in an 8-month period between ski seasons. The summer season regarding parking transactions is nearly equal to the winter season. The loss of parking during the extended construction period would be a significant hardship on the Town’s economic vitality. In the future if there were additional parking supply options this would allow for a more realistic phasing of replacement someday. The town over the last 5 years has spent on average nearly $ 800,000 dollars on capital repairs, the majority of this being structural repairs however there have been other components and improvements performed as well. III. STRUCTURAL ASSESMENT RESULTS The full reports are included at the following links. Vail Village report: 241231-3206-VTC SCA Report-1.pdf Lionshead report: 241231-3206-Lionshead SCA Report-1.pdf This memo will provide a high-level overview of the resulting report. The reports are very detailed and list repairs into categories of Urgent, High, Medium and Low importance. The value of the repairs was provided by both the engineer and at a macro level by the construction company which has completed recently most of structural repairs for Vail. The timing of the repairs is being evaluated regarding the amount of work that can be accomplished within the shoulder seasons and how much work is reasonable for a contractor to take on understanding workloads for at least this coming season. The town staff is focused on the work identified as High and Medium and the timeframe of the next five years. We are comparing these projected costs to the current 5-year capital budget. In addition, with setting a realistic budget going forward beyond the nest five year’s work identified. We know while the first 5 years work has been identified, and over this same timeframe additional items will become apparent. We have been provided a reasonable value to budget 6 Town of Vail Page 3 on-going to further help the town understand life cycle analysis regarding the two structures as well as the necessary revenue stream that will required to meet this obligation. Vail Village Priority Rating Cost Urgent On-site maintenance only High $2,133,688 Medium $2,728,713 Low $1,488,788 Total $6,351,188 Lionshead -Urgent (U):Repairs to deficient items that require immediate attention for repair or replacement. -High (H):Repairs to deficient items that will have a more immediate impact on functionality if not addressed in the next 0-2 years. -Medium (M):Repairs and modifications to early-stage deficiencies and other items that help protect the building from further damage. These repairs are recommended within 2-5 years. -Low (L):Repairs to deficiencies that do not currently prevent the system from functioning but could adversely impact the performance over time if not addressed. These repairs are recommended in the next 5-10 years. In addition, the level of deterioration and corrosion tends to increase at an exponential rate over time. Necessary repairs can escalate, especially if there is a lag between the site observations Priority Rating Cost Urgent On-site maintenance only High $ 632,444 Medium $4,565,390 Low $ 782,206 Total $6,070,040 7 Town of Vail Page 4 and repair construction. Additional observations should be conducted if repair construction starts one year or later after the observations were performed for this report. The Vail parking structures with an aggressive capital maintenance program, and renovation of key systems, can continue to have the useful life of the structures extended beyond a typical parking structure. The on-going costs to maintain these assets will increase, however compared to a full replacement, it maybe the option best suited for the Town. In Depth Repair Discussion Topping Slabs: The topping slabs serve multiple purposes including: 1) provides a durable surface to withstand the wear and tear from vehicle traffic, 2) protects the concrete structure below, and 3) performs compositely with the double tees below, allowing them to work together as a single unit for increased strength and stiffness. Loss of this composite action can reduce strength of the floor structure and affect structural performance. Additionally, if the deck surfaces are not repaired and maintained, further deterioration will likely occur. Repairing cracks in topping slabs often involves routing and sealing the cracks to a specific depth and width. Repairs to delaminated and spalled topping slabs depend on the type, extent, and depth of concrete deterioration. Repair options include full- or partial-depth replacement of the entire topping slab or localized area. Precast/Prestressed Structural Members: Cracks in double tees, precast beams, corbels, and columns can allow moisture and chlorides to penetrate the structure, leading to reinforcement corrosion and further concrete deterioration. Epoxy or polyurethane injection can be used to seal cracks and protect against water infiltration, though these have limitations when it comes to active cracks. If delamination or spalling is present around cracks, partial-depth or full-depth concrete patch repairs may be necessary. Repairing spalls is critical for maintaining structural integrity and reducing moisture infiltration. The process involves removing damaged concrete to expose the underlying reinforcement. When reinforcement is exposed, the concrete surrounding the reinforcement should be removed to fully expose the bar circumference so that the patch can fully encapsulate the bar and restore its development. Exposed reinforcing bars may require augmentation if they have lost significant section to corrosion, and they often receive surface preparation through media blast and then protection with corrosion inhibiting coating before the concrete repair materials are installed. For spalls at precast member connections, full-depth repairs may be necessary to fully encapsulate the connection and reinforcement. Precast/Prestressed Structural Members - Connections: In parking structures, the mechanical connections between precast/prestressed concrete members are important for maintaining overall structural stability and preventing further concrete damage. 8 Town of Vail Page 5 Wall to Wall: Wall panel connections help distribute lateral loads and prevent the shifting or misalignment of precast elements. Damaged or deteriorated connections can compromise load transfer and lead to structural issues. Repairs to wall panel connections may involve introducing additional steel components and performing concrete repairs to restore the connection. Double Tee to Double Tee: Connections between double tees serve multiple purposes, including transferring vertical loads between tee flanges and linking adjacent double tees to form horizontal diaphragms. These diaphragms transfer lateral loads to shear walls or other lateral force resisting systems. A failure in individual connections along a joint can potentially cause a "zipper effect," where adjacent connections fail in sequence, leading to double tee flange damage. Additionally, double tee connection failures can accelerate joint sealant deterioration due to increased differential movement at the joint. When replacing sealants between double tees, all exposed double tee connections should be inspected and repaired as necessary. Double Tee Flange to Wall: The lateral system of a parking structure must effectively transfer lateral loads from the horizontal diaphragms to the vertical elements of the lateral force-resisting system, such as concrete shear walls. This load transfer is often made via welded connections between embedded plates in both the double tee flanges and precast walls. These connections can become ineffective when significant corrosion or concrete deterioration occurs, often due to water infiltration from the decks above. Repairing these connections typically involves establishing an alternate connection between the double tee flange and the wall to restore lateral load transfer. This can be accomplished using anchored dowels with adhesive or angles with threaded rods. Bearing Pads: Bearing pads below precast/prestressed structural members play a critical role in accommodating the movements due to gravity and lateral loads as well as movements due to thermal effects. Properly functioning pads deform under these movements, preventing damage to the supporting concrete members. At the VTC, the bearing pads have been wearing down due to abrasion, tearing, and displacement (referred to as "walking"), particularly on the east end of the P4 deck. When the pads fail, the tee stems may bear directly on the concrete supports, leading to friction forces that can crack or break the supporting corbels or the double tee stems. This creates serious structural issues. Therefore, replacing damaged pads is critical to prevent further deterioration of the structure. Given the premature tearing observed in previously replaced pads, we recommend replacing the damaged bearing pads with new bearing pads designed for the unique conditions at this structure. We also recommend verifying the bearing pad product installed in the bearing pad 9 Town of Vail Page 6 replacement work approximately five years ago and potentially having the manufacturer review the quality of the product. Water Management System: A water management system in a parking structure is critical for maintaining structural integrity and prolonging the lifespan of the structure. Frequent exposure to water from rain, snow, and deicing salts can lead to the deterioration of concrete and corrosion of steel elements, causing structural damage. Furthermore, water can seep into cracks, freeze during colder months, and expand, exacerbating the damage through freeze-thaw cycles. Water intrusion is often the leading cause of structural damage in parking structures, as demonstrated by the conditions observed in this study. To illustrate the potential for damage caused by water infiltration, Photo 1(a) and 1(b) were taken at two adjacent double tee stems bearing on same continuous wall corbel. While these photos were taken less than five feet apart, the corbel shown in Photo 1(b) exhibits significantly more deterioration compared to the corbel in Photo 1(a). The primary difference between the two locations is the excessive water infiltration at the location in Photo 1(b), which has led to considerable concrete deterioration and exposed, rusted reinforcement. In contrast, the corbel in Photo 1(a) shows minimal signs of water exposure or damage. Photo 1(a) and 1(b): Example photos taken five feet apart that illustrate the potential for damage caused by water infiltration. Expansion Joints: Expansion joints are designed to accommodate movements within the parking structure caused by temperature fluctuations, lateral loads, and other environmental factors, while also minimizing water infiltration to the structure below. By allowing controlled movement, these joints help prevent cracking and structural damage. Typically, expansion joints have a lifespan of around 10 years, but this varies based on the product, installation quality and traffic conditions. Repairing an expansion joint involves removing the damaged joint material, cleaning the joint edges and installing new joint material. If delamination or deterioration is present in the adjacent concrete, these issues should also be addressed during the repair. The current expansion joint system used at the VTC consists of extruded thermoplastic-rubber sealing glands with punched flanges embedded in an elastomeric concrete nosing material. While these joints provide some flexibility, they have experienced significant damage due to heavy vehicle traffic and snowplow use. This damage has led to substantial water infiltration, resulting in concrete deterioration. An alternative option for expansion joint replacement is armored shoulder expansion joints, which are commonly used in highway applications. These joints feature steel-reinforced edges that provide enhanced durability against the high-impact forces from trucks, buses, and snowplows. Additionally, the double tees adjacent to the joints can be stiffened either along their full length or at the flanges to reduce differential movement on either side of the joint. This 10 Town of Vail Page 7 approach may be particularly beneficial near the expansion joint at the bus lanes, where significant joint movement has been observed. Furthermore, speed bumps within the garage should be relocated to at least one bay away from expansion joints to reduce vehicle impact loads near the joints. Each of these measures can contribute to reducing the frequency of repairs and lowering long-term maintenance costs. Joint Sealants: Damage to parking structure joint sealants leads to water infiltration. Sealant damage often includes cohesive failures within the sealant (i.e., cracks) and adhesive failures between the sealant and substrate, allowing moisture and debris to penetrate the joints. Staining and efflorescence may be observed from below, indicating water infiltration. Precast joint sealants generally have a life expectancy of seven to ten years, though this can be shortened by exposure to direct sunlight and/or heavy vehicle traffic. It can also be shortened due to non- uniform concrete joint edges caused by concrete deterioration, which can prevent an adequate bond between the sealant and the concrete surface. A joint sealant replacement program should be implemented. Proper joint preparation is critical for sealant performance. Joints must be clean, defect-free, and have uniform edges. When these conditions are not met, spalls and deterioration along the joints may necessitate repairs to recreate a uniform joint edge for proper sealant installation. Failing to take this additional step can significantly reduce the life expectancy of the joint sealants, potentially shortening it to as little as one to three years. Traffic coating membrane: A traffic coating membrane protects the concrete surface from moisture and chloride penetration. These membranes can bridge small cracks and provide additional protection to large cracks after routing and sealing repair work. However, traffic coating membranes are not effective when installed over surfaces with heavy paste erosion or other forms of concrete deterioration, and therefore may not be an effective option for aged structures. The membrane also becomes ineffective in areas with imperfections such as holes or tears. Traffic coating membranes can be effective for 10 years or more, although their lifespan may be reduced when exposed to direct sunlight and/or heavy vehicle traffic. 11 Town of Vail Page 8 Recommended Repair Frequency IV. BUDGET IMPACTS Below is the 5-year Capital Budget as approved. 2025 2026 2027 2028 2029 Parking Structures 1,697,00 0 1,275,00 0 1,315,00 0 1,405,0 00 1,245,0 00 2025: Placeholder for beautification at Vail Transit Center ($200.0K); 2024-2029: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs The Town of Vail in the 2025 budget and planned for the remaining 4 years of the approved budget the transfer of $5M of General Fund reserves into a Parking Structure Capital Reserve account. These funds were being placed into this reserve like a HOA setting aside reserves for future major renovation/and or replacement. The intent of the reserve was not to pay for yearly ongoing capital maintenance, but to build up a substantial fund to assist in a major renovation project or reduce to some extent the amount of bonding needed in the future. The 5-year capital budgets minus the $200,000 in 2025 for aesthetic improvements totals $6,737, 000 which included over the 5 years $ 5,334,000 of structural repairs. The recommended Repair Approx. Interval (years) Notes Structural Repairs Topping slab repairs 5 Cracks,spalls,and delamination in decks topping slabs. Precast/prestressed concrete member repairs 5 Cracks,spalls,and delamination in decks and concrete framing members. Bearing pad replacement 50 Bearing pads can last for the design life of the parking structure, but need to be replaced when there is slippage, crushing and tearing, or cracking. Material testing 5 Chloride ion concentration and pH analysis to determine presence of carbonation. Water Management Repairs Replace joint sealant 7 Ongoing replacement of sealant at control joints and routed cracks is typical at parking structure decks. The service life of joint sealants can be shortened by exposure to direct sunlight and/or heavy vehicle traffic Repair expansion joints 2 Repairs are typical in the life span of the joint,particularly when subjected to snowplows. Replace expansion joints 8 Standard warranties range between 5 to 10 years,depending on the manufacturer, product, and conditions. Replace traffic coating 8 Standard warranties are 5 years or more, depending on the manufacturer, product, and conditions. Apply penetrating sealer 5 Resealing may be necessary every 3 to 5 years in high-exposure areas. 12 Town of Vail Page 9 structural costs over the next 5 years with engineering and construction administration and testing totals adding a 5 % cost increase per year equals $13,903,000. The one item excluded from this total is the repairs to the structural deck where the buses operate. This is not a full replacement of the deck but repairs as noted and is estimated at $965,000. The reason for excluding this currently is the anticipated improvements as part of the Vail Transit Center improvements which the design process is just kicking off. The shortfall over the first 5 years is $ 10,470,000 for structural repairs. Projecting out over the following 5 years 2030-2034, based on a cost/SF which was recommended as appropriate budgets for life cycle cost estimating. The estimated shortfall for structural analysis is assumed to be $ 12.285,000. This assumed a higher price per SF for the Vail Village Structure as compared to Lionshead. The report also recommends performing the structural assessment every 5 years and the budgets amounts can be further refined after each assessment. V. POLICY AND FUNDING The town in the past has stated the parking structure operations should pay for themselves and any left-over revenue should help offset the cost of operating the free transit system. The transit system was originally funded through the ski lift tax. At that time ½ was for operation and ½ was for capital investment/replacement. The combined parking and ski lift tax revenues along with a small federal transit operating grant amounts to $ 16.2 M. The actual budget of the parking operations division budget does not include the costs of utilities, repairs and operations performed by the town’s facilities department, snow removal and snow melt costs, landscaping costs, all these costs are carried in other Public Works divisions within the overall department budget. There are also costs from other departments such as a portion of administrative costs for both transit and parking, these include finance and payroll, human resources, risk and insurance costs as well as a portion of general town administration. The other cost not attributed to these operations is the ever-increasing cost of housing town staff. The capital replacement cost of buses can be annualized, and these costs have been partially offset with grants. The town does not charge itself rental fees of assets specifically the bus barn and portions of the rest of the public works shop. Core Transit is being assessed rental costs by both Eagle County and Avon for use of their bus storage and maintenance facilities. The cost of both parking including previously budgeted capital maintenance and transit operations and the public works operating costs in other public works divisions attributed to the parking structures in addition to an annualized cost of bus capital replacement were tracking to covering both these capital and operating costs with the revenue of parking and ski lift tax during the last parking rate increase. Parking revenue increases are not linear, when compared to utility companies or other services in which charges are increased annually to cover increases in costs. Parking revenues are increased when a rate change takes place and reflect more stepped increases in revenue when rates/policies are changed which has been more on a 5-year basis in the past. 13 Town of Vail Page 10 Going forward, the funding of the additional capital costs will need to be generated. There are various ways to reach the goal. First and foremost is to examine increasing parking revenue. This concept is users pay for the cost of parking. The structure is used 24 hours a day and 365 days a year. Currently the town charges for winter daytime parking with an overnight fee. Discounts are parking revenue losses. The town provides ½ price discounts to locals during non-peak days. 30% of current parking transactions are using a pass or local discount. Since local trips are approximately 70% of users, the market share of the local pass use is 40-45%. In addition, any free period is where revenue is not being generated by users. First hour free, Free after 3 and the 7 months between end of ski season and the beginning of ski season. The number of transactions between Memorial Day and the end of September rivals the number of transitions (users) during winter months. The town could review and implement any number of changes to rates and policies within parking to generate more revenue to pay for the capital costs of parking. Other options include not having parking revenue supplement transit operations, even though this is not a direct budgetary relation, in the past additional parking revenues have been used to increase transit service. There was a saying those who drive help pay for those who ride, since Vail didn’t collect bus fares. The “on paper” additional transit operation shortfall as parking revenue is focused on parking capital could be by other revenue sources. Use the money set aside for the Parking Structure reserve to pay for the increased capital costs, this may help in the short term but is not sustainable as the money was being funded from setting aside existing general fund reserves. Investigate other creative revenue and financing scenarios. There is also a desire to up the parking experience with enhanced parking guidance systems, aesthetic and safety improvements, the cost of these enhancements currently not budgeted. VI. ACTION REQUESTED 2025 capital parking structure improvements Award design contract to JR Harris for all the identified high priority projects. Staff Request for Town Council permission to negotiate the 2025 structural repairs with Restruction Construction, they are a specialty parking structure repair contactor, who has performed most of the structural repairs for the Town over the last 5 years and highly recommended by the Town’s structural engineer as well as town staff on their past performance. If permission is granted, the town staff will return with two options performing work within the approved budget and an option which may more realistic look at the work needing to be performed over the next couple of years and the time needed and disruption impacts noting limiting work performed during times where it less impactful to users, but may extend longer into the summer season where we have the ability to isolate the work and function without impacting parking capacity and the guest experience. Direct staff during the summer management discussion on whether the town staff through the Parking and Mobility Task Force further investigate parking revenue generation options, 14 Town of Vail Page 11 including community and business engagement for possible implementation yet this year. A final decision in early April would be the timeline for implementation. Future Life Cycle Scenarios Staff can prepare a more in-depth analysis of Parking Structure Life Cycle cost review, regarding some various scenarios, which include: o current enhanced capital maintenance o an option which includes the work of the enhanced capital maintenance with a much more concentrated rehabilitation along with review of all systems of the structure and anticipated life and replacement costs. o an option of potential replacement with some General Contractor input on construction duration and possible phasing, rough order of magnitude costs to compare the town’s options going forward including financing and logistic implications. 15 AGENDA ITEM NO. 4.2 Item Cover Page DATE:February 4, 2025 TIME:45 min. SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion (1:00pm) SUBJECT:Summer Managed Parking Discussion (1:45pm) SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):Greg Hall, Public Works Director and Stephanie Kashiwa, Parking Operations Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 2.25 - Summer Managed Parking (002) 2.25 Council Summer Managed Parking Summer Parking Public Comment 16 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:February 4th, 2025 SUBJECT:Consideration of Summer Managed Parking 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 summer parking operations and the consideration of initiating managed parking. Provide pros and cons of summer managed parking, as well as the viability. Provide a summary of summer 2024 parking and mobility operations. II.BACKGROUND The Vail Parking & Mobility Task Force met on January 16 th, 2025, to review the Transit Optimization Plan, CORE Transit updates, as well as discuss the pros and cons of initiating managed parking for the 2025 summer season. Summer Managed Parking Discussion The goals of what a managed parking program in the summer season would aim to achieve include: o Support the Town Council Strategic Plan Reduce the percentage of vehicles parking that originate from Eagle County (outside of Vail) from 40% to 30% Reduce the percentage of vehicles parking that originate from Vail from ~32% to 20% Reduce 2014 baseline carbon emissions by 25% by 2025, 50% by 2030, and 80% by 2050 o Provide additional revenue for supporting and promoting alternative modes of transportation. o Provide additional revenue for maintenance and capital repairs. o Provide management tools for parking demand. o Provide additional data collection on parking and mobility. Concerns with implementing a managed parking program in the summer include: 17 2 o Providing options for our economic drivers. Concerns with the effect on business activity, special events and sales tax if there is a paid parking fee. Concerns with a negative impact on employees and employee retention. o There is less data to base decisions on for summer parking management than the winter season. There is minimal pass use, Ford Park lot use, and Vail Athletic Fields lot use data. o Operational challenges including messaging and outreach to the community, creating a simple rate structure and pass offerings that would complement winter operations and achieve goals, staffing needs, long term storage of vehicles, additional transit service. Managed parking programs similar to what is used in winter could help support the reduction of vehicles parking that originate from Eagle County and/or Vail. Additional data could be collected to understand the needs and use. During summer seasons, information such as parking pass use or outlier lot use is lacking. Additional revenue could provide general funds to support and promote alternative modes of transportation to a single occupancy vehicle. Additional revenue could be provided for the capital repairs and routine maintenance needed for our parking facilities and transit facilities. o A structural assessment was performed on the Vail Village and Lionshead structures with an estimated $12,421,228 in capital structural repairs recommended. Over the next five years this is an increase to current budgets of $ 10,470,000. This does not include routine maintenance, other reoccurring capital maintenance for the other items such as mechanical ventilation, lighting, fire/CO alarms, painting, etc., or parking user enhancements. Implementing a paid parking rate would act as a deterrent to driving, helping to reduce our GHG emissions. Implementing a paid parking rate would be used to manage parking demand. Events, anticipated construction projects, and closures for major capital repair could cause high demand during the summer season. The town has over the past 20 years experienced two times lasting 2-3 years significant construction activity which has greatly impacted parking. The town is about to enter another period of increased construction activity which will have an impact on parking availability. Summer 2024 Parking and Mobility Operations Summary o Free daytime parking with overnight rates in Vail Village structure, Lionshead structure, and Red Sandstone garage. o Event paid parking rate was $15 or free for 4+ passenger carpool vehicles. 57 total paid event parking events 35 total managed parking events o 529,068 transactions over 129 days. The transaction count does not include Ford Park or Vail Athletic Fields/Soccer lots unless there was a paid event. Average of 4,101 transactions per day. Winter 2023-2024 saw 681,636 transactions over 164 days, which averages out to 4,153 transactions per day. o CORE ridership is up 46% YoY for June through August. 18 3 o The Vail Transit Intown is up 20.6% YoY for June through August. o The Vail Transit outlying routes, excluding Timber Ridge, is up 6.7% YoY for June through August. Summer Managed Parking 2025 The Town staff and the Parking and Mobility Task Force would like Town Council direction regarding if any further investigation and work to prepare a recommendation of a summer parking program should be pursued for consideration for this summer. There will be a lot of concern and emotions over any process. It is important for all to be heard and understood, evaluate concerns and issues both real and perceived in determining the pros and cons, impacts and benefits that need to be considered. This takes both time and emotional energy to properly develop and carry out the right program for Vail to move forward with. Prior to any additional discussions, is this the time to continue these efforts for review and ultimately a decision by the Town Council. The Task Force in the end believed the Town should pursue managed parking, this summer but wanted the council’s direction. V.ACTION REQUESTED Provide direction to the Parking & Mobility Task Force if a managed summer parking program recommendation should be developed at this time. If the direction is yes, provide guidance regarding information /analysis that would need to be provided to better understand and evaluate the issues and the council would like the Task Force to consider in a recommendation as well for the council to use to be able to decide on a 2025 summer parking program by the beginning of April 2025. 19 Summer Managed Parking FEBRUARY 4TH, 2025 20 Summer Managed Parking –Goal Setting Parking & Mobility Task Force: January 16th, 2025 ◦Discussed intended goals of moving to managed summer parking ◦Discussed pros and cons with the Parking & Mobility Task Force 21 Summer Managed Parking –Goal Setting Support the Town Council Strategic Plan ◦Reduce the percentage of vehicles parking that originate from Eagle County (outside of Vail) from 40% to 30% ◦Reduce the percentage of vehicles parking that originate from Vail from ~32% to 20% ◦Reduce 2014 baseline carbon emissions by 25% by 2025, 50% by 2030, and 80% by 2050 Additional revenue for: ◦supporting and promoting alternative modes of transportation ◦maintenance & capital repairs Management tools-manage use of lots during high demand ◦Expected future demand from upcoming construction projects ◦Data collection 22 Support & Promote Alternative Modes of Transportation Community messaging and outreach about available modes of transportation ◦Vail Transit ~ CORE Transit ~Shift Bikes ~Sole Power & Sole Power Plus ~ CDOT services ~Carpooling Provide general funds to support: ◦Vail Transit ~ Shift Bikes ~ Sole Power & Sole Power Plus ~ Bike lane maintenance ~ EV charging infrastructure ~ Carpooling ~ Car share ~Transit improvements ~Pedestrian improvements ~bike lane improvements Incentivize alternative modes of transportation -Provide a deterrent from driving a single occupancy vehicle to Vail ◦Reduce GHG emissions ◦Reduce the local trips that impact these numbers 23 Additional Revenue for Maintenance and Capital Repairs Vail Village Lionshead High = 0-2 years Med= 2-5 years Low = 5-10 years Vail Village Lionshead “Structural Assessment” & Repair Recommendations Over the next 5 years, the current capital maintenance budget leaves the Town short $10,468,000. 24 Additional Revenue for Maintenance and Capital Repairs Parking structures are typically designed with a life expectancy of ~50 years, provided they receive proper design, construction, and maintenance. At 50 years old, the VTC parking structure has reached the normally planned service life for a modern parking structure, and additional repairs are needed to extend its service life. The Town should be investing an additional $2 million – $2.5 million a year for ongoing capital maintenance. Vail Village Lionshead “Structural Assessment” & Repair Recommendations 25 Parking Management Tools Manage use of lots during high demands ◦Event parking ◦Demand from anticipated construction projects ◦Closures for major capital maintenance projects ◦Closures will cause reduced parking capacity ◦Data collection: pass use, duration, capacity 26 Potential Concerns – Effects of Managed Parking ◦We need to understand and provide solutions for our economic drivers ◦Impact to business activity, Special events ◦Potential reduction in sales tax due caused by sensitivity to parking fees ◦Business employees- recruitment & retention ◦Less data to base decisions on and to refine policies compared to winter parking operations ◦Pass data, Ford park lot, & VAF lot 27 Summer 2024 Operations Summary Free daytime parking in all lots Vail Village & Lionshead overnight charge: 4am-5am, $35 ◦$565,000 revenue ◦VV - Avg 99 vehicles overnight ◦LH – Avg 23 vehicles overnight Red Sandstone overnight charge: 4am-5am, $15 ◦Avg 10 vehicles overnight ◦$38,000 revenue Event Paid Parking: Pay at entry, $15 or Free for 4+ (Carpool) 28 Summer 2024 Summary 5 road days ~ 12 VV fills (9:10-12:52) ~ 6 LH fills (9:45-13:15) Events: 57 paid events, 35 managed events Passes offered: ◦Overnight employee pass, 1 total ◦Summer Condo Pass, sold 20 total ◦Premier, extended into summer, 23 used ◦VV Business Premier, extended into summer, 33 used ◦LH Business Premier, extended into summer, 3 used ◦*Do not guarantee spots 29 Summer 2024 Summary 529,068 transactions, 129 days ◦Transactions do not include Ford Park lot or Vail Athletic Fields/Soccer lot unless there is an event. Avg 4,101 transactions/day ◦Vail Village makes up 52% of transactions ◦Lionshead makes up 31% of transactions Winter 2023-24 Comparison 681,636 transactions, 164 days Avg 4,153 transactions/day 30 Summer 2024 Summary Vail Transit & CORE Ridership June July August 2023 69419 118744 76204 2024 83897 133258 97996 Change 20.9%12.2%28.6% June July August 2023 44270 60388 48283 2024 47356 66287 49834 Change 7.0%9.8%3.2% 31 Vail Village Vs. Lionshead – Summer Road Days VV fills LH fills VV Transactions LH Transactions Avg. Transactions/Day Summer ‘18 17 26 44 349,299 227,835 4,947 Summer ‘19 14 23 41 338,406 209,230 4,683 Summer ’20 N/A - COVID Summer ’21 8 36 6 361,614 157,271 4,516 Summer ’22 N/A – shortened season, equipment install Summer ’23 6 20 7 341,828 159,749 4,009 Summer ’24 5 12 6 273,158 163,978 4,101 32 Managed Parking Operational Challenges Messaging and community outreach Creating a simple rate structure and pass offerings that compliments winter operations Guaranteed parking causes closers with empty spaces Event parking management and lot use Staffing needs – pass sales and operations Long term storage/hotel use Cash handling – change/coins Would likely require enhanced transit services 33 Consideration of Summer Managed Parking Action requested: Provide direction to the Parking & Mobility Task Force if a managed summer parking program should be considered at this time. ◦If yes, provide guidance regarding information needed to better provide understanding and evaluate the issues council would like the task force to consider in a recommendation, as well for the council to be able to decide on a 2025 summer parking program by the beginning of April 2025. 34 35 From:alisonw To:Council Dist List Subject:A quick note on Summer Parking Discussion Today Date:Tuesday, February 4, 2025 11:49:37 AM Hi Town Council Members, I am sorry that this is so late but I wanted to reiterate some comments I made at the last Parking Advisory Committee meeting. I completely understand why we want to encourage guests and locals to utilize the bus system and charging for parking is definitely a way to do this. However, I offer up the flipside of not charging for summer parking in that our free summer parking is unique to other resort communities and it sets us apart. Free summer parking is kickass and according to the hats and stickers being distributed recently we are promoting "Vail is Kickass", so why would we take away our most kickass feature that directly impacts our visitation? We should be promoting our free parking for mid week travelers, locals and guests during the summer to increase sales tax revenue. I do feel we could find a compromise and charge for busy summer times, like 4th of July week, to encourage carpooling and mass transit commuting on that wonderfully crazy day. Maybe a test study this summer would be a better option and just charging for Sunday Farmer's Market days, Mountain Games weekend, 4th of July, and see if our numbers decrease in visitation. There could be a parking convenience fee added to any construction permits that are granted in TOV to make money off of numerous construction vehicles taking up spots in the summer. Finally, I know the point from the Parking Committee that the majority of cars parking in the summer are employees, and to that I say, why is that so bad? A huge bargaining chip for Vail business owners to retain winter employees thru the summer is the fact that they are able to park for free for work. This is a good thing as they are able to retain staffing levels which ultimately provides a better experience for our guests. Couple this with the fact that our employees are being forced farther and farther down valley to live, and providing them with a little reprieve from a 45 - 60 minute + bus ride work commute each way for a couple months is a nice thing to do. I know we have gone around and around on all of this and there are new factors to consider with Dobson and Evergreen renovations looming but I just wanted to offer up a few thoughts from the business community before you all decide. Good luck today on all items on the agenda. The VCBA truly appreciates the time and effort each of you puts in on behalf of our community and town. And I very much appreciate you allowing us to have a voice and listening to/considering all that is being said. Best regards, Alison Wadey Alison C. Wadey Executive Director Vail Chamber & Business Association 241 South Frontage Road Suite 2 Vail, CO 81657 36 Office: (970) 477-0075 Mobile: (970) 376-1661 www.vailchamber.org Community-Inspired Guest Experience 37 AGENDA ITEM NO. 4.3 Item Cover Page DATE:February 4, 2025 TIME:45 min. SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion (1:00pm) SUBJECT:Vail Transportation Center Expansion Planning & Design Project Presentation (2:30pm) SUGGESTED ACTION:Listen to presentation identifying an outline of project, process, and opportunities; and confirm direction. PRESENTER(S):Tom Kassmel, Town Engineer; Lou Bieker & DJ Gratzier, 4240 Architecture Inc. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 2-4-25 2025.01.29 - VTC 2_4_25 TC Meeting Final 38 To:Town Council From:Public Works Department Date:February 4, 2025 Subject:Vail Transportation Center Expansion Planning & Design Kick-Off I.SUMMARY The Town of Vail has budgeted $1.5 Million to complete the planning and design of the future expansion of the Vail Transportation Center. Half of the cost (up to $750,000) will be reimbursed as a part of the Multi Modal Option Fund grant awarded to the Town in the fall of 2022. The purpose of the project is to update and expand the Vail Transportation Center to accommodate current and future needs. Transit use growth of the Vail Transit Center has exceeded current capacity during peak season and is anticipated to grow with the success of Core (EVTA), the expansion of Bustang, and the success and expansion of Town of Vail transit services. The planning and design process will utilize the recently adopted Vail Mobility and Transportation Master Plan(pg 104-106) as a guideline to identify the future needs for a new and updated Vail Mobility/Transit & Arrival Center. The Town has contracted with 4240 Architecture Inc. to facilitate and execute the planning and design process. The Project is broken down into four phases: Phase I Confirming Goals & Needs and Initial Programming Concept Analysis Phase II Conceptual Design Phase III Design Development/Entitlements Phase IV Final Design & Construction Documents Phase I of the project will reconfirm the Mobility & Transportation Master Plan goals and needs for the Vail Transportation Center, identify additional design opportunities that create a sense of arrival and gateway into Vail Village, and reengage critical stakeholders and the public to receive input, comments, and ideas regarding the VTC Expansion. The purpose of this Council session is to kick-off Phase I. 39 Town of Vail Page 2 Review Vision, Goals, Needs & Preliminary Concepts of the Go Vail 2045 – Mobility & Transportation Master Plan. Review Schedule & Funding Introduce the Project Team Review Example & Precedent Transit Center and Arrival Center projects. Review Public Engagement process. Review similarities of this process to the Lionshead Transit Center & Welcome Center process that occurred 15 years ago. II.RECOMMENDATION Staff recommends Council review material, listen to presentation, and provide preliminary comments and discussion on the project and process. III.ATTACHMENTS Presentation 40 THE VAIL TRANSPORTATION CENTER EXPANSION 41 The Vail Transportation Center Expansion GO VAIL 2045 SCHEDULE & FUNDING PROJECT TEAM PROCESS/ NEXT STEPS 42 The Vail Transportation Center Expansion GO VAIL 2045 - VAIL MOBILITY & TRANSPORTATION MASTER PLAN 43 The Vail Transportation Center Expansion GO VAIL 2045 Vail Mobility & Transportation Master Plan | June 2024 Chapter 01: Introduction & Executive Summary12 Go Vail 2045 was a two‑year process in which community input was sought for all transportation modes, parking, traffic calming, loading & delivery, and special events. Recommendations are based on analyses of existing conditions, projections for future travel, inclusion of emerging technologies, and community feedback. The recommendations are detailed in the following chapters. Some of the highlights include: •More frequent/Year‑round transit •New North Frontage Road bus route serving new employee housing •Potential microtransit pilot program •Expansion of regional transit service in coordination with Eagle Valley Regional Transit Authority (RTA) •Mobility hubs •Conversion of transit fleet to Zero Emission vehicles •Vail Transit Center Expansion Transit •Demand mitigation through mobility passes, mobile apps, incentives, on‑demand transit, fare free bus service between the majority of Eagle County and Vail. •Mitigate overflow parking impacts through improvements to frontage roads, parking area expansions, future development parking. •Widening existing paved Multi‑Use Recreational trails to 12 feet •New paved trails •New bike lanes & wide shoulders •Potential Frontage Road diets •Amenities along sidewalks and trails ParkingBicycle and Pedestrian 44 The Vail Transportation Center Expansion Chapter 02: Vision & Goals16 VISION STATEMENTThe Go Vail 2045 Vision Statement was developed by updating the 2007 Vail 20/20 vision statement with input and feedback from staff, the public, and Town Council. Vail is recognized as having a comprehensive multimodal transportation system with well‑integrated alternative transportation options which reduce the number of single occupant vehicle trips and overall vehicle miles traveled to, from, and within Vail. Enhance Accessibility and Connectivity Transit, walking, and biking are highly encouraged, comfortable, safe, affordable, reliable, and convenient, supported by state-of-the- art infrastructure, emerging mobilities and technologies, as well as education and outreach programs. Vail’s transportation system is designed to support the sustainability of the natural environment and contribute to the Town’s Climate Action goals as well as to provide equitable access to economic, recreational, and other opportunities. Those who choose to drive are welcomed with a well‑ maintained roadway system and clear direction for locating Vail’s managed parking areas and alternative fuel vehicle stations. Loading of goods, services, and passengers is efficient and clearly designated through the town’s dispersed loading and delivery system. Traveling between Vail and regional destinations within the intermountain area and the Front Range is reliable, convenient, safe and seamless by public transit, AGS/Light Rail, or private vehicle. Convenient connections to the nearby airports make year-round travel to Vail easy from anywhere in the world. COMPREHENSIVE MULTIMODAL TRANSPORTATION SYSTEM TRANSIT, WALKING & BIKING ARE HIGHLY ENCOURAGED SUPPORT THE SUSTAINABILITY OF THE NATURAL ENVIRONMENT EQUITABLE ACCESS TO ECONOMIC, RECREATIONAL AND OTHER OPPORTUNITIES WELL MAINTAINED ROADWAY SYSTEM & CLEAR DIRECTION FOR LOCATING VAIL’S MANAGED PARKING AREA RELIABLE, CONVENIENT, SAFE AND SEAMLESS BY PUBLIC TRANSIT, AGS/LIGHT RAIL OR PRIVATE VEHICLE GO VAIL VISION STATEMENT GO VAIL 204545 The Vail Transportation Center Expansion 17GO VAIL 2045VISION STATEMENT OVERALL GOALS ENHANCE ACCESSIBILITY AND CONNECTIVITY •Implement a comprehensive safe multimodal transportation system that includes well‑maintained roads, pedestrian‑friendly pathways, and efficient public transit options. •Foster connectivity between different neighborhoods, recreation areas, and commercial hubs to promote accessibility for all residents and visitors. SUSTAINABLE MOBILITY •Promote and invest in sustainable transportation modes, such as transit, electric vehicles, bicycles, and walking, to reduce the town’s carbon footprint. •Explore innovative technologies and partnerships to enhance sustainability, such as electric charging infrastructure, smart traffic management, alternative fuels, and green transportation initiatives. •Manage peak hour traffic volumes to existing levels so that roadway network improvements are limited to those identified in this plan. RESILIENT INFRASTRUCTURE •Develop and maintain resilient transportation infrastructure that can withstand the challenges posed by extreme weather events and changing climate conditions. •Invest in robust and adaptable road systems, bridges, and transit facilities to ensure long‑term functionality and safety. INNOVATIVE TECHNOLOGIES •Embrace cutting‑edge technologies to enhance transportation efficiency, safety, and user experience. •Explore the potential of smart city solutions, autonomous vehicles, and data-driven decision-making to optimize traffic flow and improve overall transportation performance. PRESERVATION OF VAIL’S CHARACTER •Develop transportation solutions that respect and preserve the unique character of Vail, balancing the need for modernization with the town’s aesthetic and cultural identity. ECONOMIC VITALITY •Support local businesses by ensuring convenient and accessible transportation options for residents and visitors. •Explore partnerships with the private and public sectors to enhance transportation services and infrastructure while contributing to the economic vitality of the community. GO VAIL PROJECT GOALS GO VAIL 204546 The Vail Transportation Center Expansion 25GO VAIL 2045 Community Outreach Results Phase one of outreach, taking place in the summer of 2022, focused on how people travel to, from, and within Vail, and the strengths and weaknesses of the existing transportation network. We heard from 228 survey respondents during phase one and spoke with roughly 150 people in person across four intercept events. Conversations at the intercept events involved educating the public about the projects, encouraging people to take the online survey, and discussions about what is working well and what they would like to see improved about transportation in Vail. This section summarizes the results of the survey and intercept conversations from Phase 1. SUCCESSES AND CHALLENGES Both through survey responses and conversations at intercept events we were able to identify four major components of Vail’s existing transportation system that are working well. Namely, walking and biking are easy and comfortable, sidewalks and trails are well maintained, local buses are frequent, free, and easy to use, and navigating by car is easy (Figure 1) . The primary challenges identified with the existing transportation network included conflicts between pedestrians and bikers in dismount Figure 1: What is working well with transportation in Vail? Figure 2: What is challenging about transportation in Vail? Phase One Summer 2022 zones and on trails, finding places to park or load passengers, a desire for more local and regional bus services, and traffic congestion (Figure 2). A project page was created for Go Vail 2045 on the Town of Vail’s public engagement website,https://www.engagevail. com/, at project kick-off. The Go Vail 2045 page was updated at key project milestones with summaries of engagement opportunities both online and in‑person, analysis and outreach results to date, and preliminary recommendations for comment. The project page also provided the opportunity for continuous interactive engagement between the project manager and the public via comment sections and e-mail. ENGAGE VAIL GO VAIL COMMUNITY OUTREACH GO VAIL 204547 The Vail Transportation Center Expansion Chapter 03: Public Engagement26 WHO WE HEARD FROM Of survey respondents, 46% stated they worked in Vail and 53% of survey respondents stated they lived in Vail full-time. A proportion of the respondents did not live or work in Vail, but owned vacation homes, operated a business, or primarily visited for recreation and services (Figure 3). Overall, the survey captured a variety of respondents with different interests and roles within the community. HOW PEOPLE TRAVEL We asked respondents how they most commonly travel within Vail and to and from Vail. For in-town transportation, the preferences of respondents varied significantly by season. In the fall and winter, riding the bus was the most popular way to get around, with 37% of respondents saying it was their primary mode of transportation. However, in the spring and summer, 31% of respondents said they primarily drove alone, and only 17% took the bus as a primary mode of transportation. There were relatively high rates of walking and biking in town, although these numbers were lower in the fall and winter months; biking as a primary mode of transportation fell significantly in the fall/winter, to only 2% of respondents (Figure 4). Figure 3: What is your primary relationship with the Town of Vail? Figure 4: How do you travel within Vail? 27GO VAIL 2045 When asked how respondents most commonly travel to and from Vail, the majority said they either drove alone or carpooled. Some respondents identified ridesharing, Bustang, and ECO Transit, or wrote in other forms of transportation such as van‑ride services and flying. In general, people get to and from Vail primarily by driving, although in the summer 6% of respondents state they use regional bike trails (Figure 5). COMMUNITY SENTIMENT ABOUT I70 Community members were also asked what they experienced as the top impacts of I 70 on the Town of Vail. Of respondents, 76% of respondents viewing noise as a negative impact to the community (Figure 6). Figure 5: How do you travel to & from Vail? Figure 6: What do community members see as the top impacts of I 70? GO VAIL COMMUNITY OUTREACH GO VAIL 204548 The Vail Transportation Center Expansion GO VAIL 2045 Figure 47: Transit Vision GO VAIL COMPREHENSIVE TRANSIT VISION GO VAIL 204549 The Vail Transportation Center Expansion PREVIOUS STUDIES: TRANSIT ENHANCEMENTS BY TOV Go Vail 2045 Transit Center Needs Accommodate 15-20 Taxi / Shuttle / Uber Accommodate 18-20 Bus Bays: Vail Transit + 3 Bus Bays, EVTA +4-7 Bus Bays, Bustang/Charter +2 Bays 50 The Vail Transportation Center Expansion PREVIOUS STUDIES: TRANSIT ENHANCEMENTS BY TOV51 The Vail Transportation Center Expansion FUNDING Funding Opportunities: Planning & Design (2025-2026) Awarded MMOF $1.5M (50/50) Grant - Use by end of 2026 Construction (TBD 2027+) CDOT Current 10 Year Plan (2023-2026) $6.4M Town of Vail Budget (2026) $2.0M Other Partners TBD (i.e. Core) Transit Facility Grants TBD -Typical 80/20 Match 52 The Vail Transportation Center Expansion SCHEDULE 2/4 – Town Council Meeting 2/5 – On Site Team Charette – Brainstorm ideas and next steps needed Feb. / March – Council: Review Brainstorm vetted ideas/review material to be posted to Engage Vail/review and potential survey ques- tions needed or just asking for feedback TBD – Post Material to Engage Vail prior to Community Meeting 3/25 – Community Meeting April – Council: Review Community feedback/ provide initial recommendations/Council feed- back May – Council: Final Recommendation based on review and feedback to move forward to Phase II (up to 3 concepts) WI N T E R - S P R I N G 2 0 2 6 : E N T I T L E M E N T S SU M M E R - F A L L 2 0 2 5 : C O N C E P T D E S I G N JA N U A R Y - M A Y 2 0 2 5 PHASE 3PHASE 2PHASE 1 53 The Vail Transportation Center Expansion Architect: 4240 Transportation: LSC Transportation Consultants Community Engagement: Trestle Strategy Group Landscape: Confluence Structural: KL&A Civil: Harris Kocher Smith MEP: RTM Sustainability: Group 14 Cost Estimating: Cumming Group Economic Modeling: EPS PHASES 2 & 3 PROJECT TEAM PHASE 1 WI N T E R - S P R I N G 2 0 2 6 : E N T I T L E M E N T S SU M M E R - F A L L 2 0 2 5 : C O N C E P T D E S I G N JA N U A R Y - M A Y 2 0 2 5 54 The Vail Transportation Center Expansion 55 The Vail Transportation Center Expansion PRECEDENT PROJECTS (TRANSIT + EXPERIENCE) 56 The Vail Transportation Center Expansion PRECEDENT PROJECTS57 The Vail Transportation Center Expansion PRECEDENT PROJECTS58 The Vail Transportation Center Expansion PRECEDENT: RUBY PARK TRANSIT CENTER - ASPEN59 The Vail Transportation Center Expansion PRECEDENT: WHISTLER GATEWAY LOOP - WHISTLER, BC60 The Vail Transportation Center Expansion PRECEDENT: OLD TOWN TRANSIT CENTER - PARK CITY, UTAH61 The Vail Transportation Center Expansion PRECEDENT: FRISCO TRANSIT CENTER - FRISCO, CO62 The Vail Transportation Center Expansion PRECEDENT: UNION STATION - DENVER, CO63 The Vail Transportation Center Expansion PRECEDENT: TRANSBAY TRANSIT CENTER - SF, CA64 The Vail Transportation Center Expansion PRECEDENT: SACRAMENTO VALLEY STATION - SACRAMENTO, CA65 The Vail Transportation Center Expansion PRECEDENTS PRAGUE CENTRAL STATION PRAGUE, CZECH REPUBLIC GANGMAN INTERMODAL TRANSIT CENTER SEOUL, SOUTH KOREA 66 The Vail Transportation Center Expansion PRECEDENT: ONE BEAVER CREEK - BEAVER CREEK, CO 67 The Vail Transportation Center Expansion 41 LOWER PLAZA_ARRIVE 4240 + CONFLUENCE: MAYFLOWER RESORT ARRIVAL LODGE68 The Vail Transportation Center Expansion 4240 + CONFLUENCE: MAYFLOWER RESORT ARRIVAL LODGE69 The Vail Transportation Center Expansion The Vail Transportation Center Expansion PHASE 1 TEAM 70 The Vail Transportation Center Expansion PROJECT TEAM Architect: 4240 Transportation: LSC Transportation Consultants Community Engagement: Trestle Strategy Group Landscape: Confluence Structural: KL&A PHASE 1 JA N U A R Y - M A Y 2 0 2 5 71 The Vail Transportation Center Expansion 4240 AND LSC: LIONSHEAD TRANSIT & WELCOME CENTER72 The Vail Transportation Center Expansion EXISTING VTC TRANSIT FUNCTIONS buses - Vail Transit (9 routes, ADA) - Core Transit – Hwy 6 Route, Valley Route, Minturn Route, Leadville Route, Express Route - Bustang/Pegasus - Greyhound - Airport Shuttles - Limo / Uber / Lyft other uses - Public Information / Ticketing - Restrooms - Staff room - Limited EV charging - Micromobility (Bike share, car share) - Arrival Center POTENTIAL EXPANDED FUTURE TRANSIT FUNCTIONS - Additional EV charging (Town, Core) - Additional fixed routes - Accommodation for larger vehicles - Additional driver facility needs - Passenger amenities - Microtransit - Connections to future Advanced Fixed Guideway LSC TRANSPORTATION CONSULTANTS73 The Vail Transportation Center Expansion 4240 AND TRESTLE: VAIL CIVIC AREA MASTER PLAN74 The Vail Transportation Center Expansion TRESTLE STRATEGY GROUP75 The Vail Transportation Center Expansion TRESTLE STRATEGY GROUP76 The Vail Transportation Center Expansion 4240 & CONFLUENCE: ONE SNOWMASS BASE VILLAGE ARRIVAL CENTER77 The Vail Transportation Center Expansion PROCESS / NEXT STEPS 78 The Vail Transportation Center Expansion EXISTING VAIL TRANSIT CENTER79 The Vail Transportation Center Expansion PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 80 The Vail Transportation Center Expansion PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 81 The Vail Transportation Center Expansion Vail Lionshead Transit StationEast Lionshead Circle Portal Identify Sub‑Areas Within Overall Study Area PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 82 The Vail Transportation Center Expansion PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 83 The Vail Transportation Center Expansion Vail Lionshead Transit Station Pedestrian Overpass pedestrians vehicles bus bays pedestrian plaza most direct path to ski hill Resolve Pedestrian / Vehicular Conflicts PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 84 The Vail Transportation Center Expansion Vail Lionshead Transit Station descend into pedestrian only environment dedicate majority of existing grade to vehicular movements Pedestrian Overpass Resolve Pedestrian / Vehicular Conflicts PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 85 The Vail Transportation Center Expansion Vail Lionshead Transit StationArea H: East Lionshead Circle private driveways public sidewalk eastbound drive lane westbound drive lane saw tooth bus/shuttle drop off expanded pedestrian circulation lionshead parking structure Possible Curbside Bus Drop‑off South of LHPG land‑ scape buffer bike lane PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 86 The Vail Transportation Center Expansion PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 87 The Vail Transportation Center Expansion 59 Part 04 -Relative Costs by Option Auxiliary Building Replacement Costs by Option Two Story Building This cost reflects demolition, new construction, full program replacement, addition of Retail Space, Town Info. Center, PLUS 2,300sf of new Program including (Larger Great Room, Public Ski Lockers, Additional Public Restrooms) within New Building, Minimal Landscape / Hardscape Full Building Replacement (New 2 story building with expanded program) – Total 8,060 sq. ft. Enclosed Space $5.6 –6.4m @ 8,350sf Basement Ski Valet Deleted Three Story Building This cost reflects demolition, new construction, full program replacement, addition of Retail Space, Town Info. Center, PLUS 2,300sf of new Program including (Larger Great Room, Public Ski Lockers, Additional Public Restrooms) within New Building, Minimal Landscape / Hardscape Full Building Replacement (New 3 story building with expanded program) – Total 8,060 sq. ft. Enclosed Space $6.3 –7.2m @ 8,650sf Hybrid This cost reflects demolition, new construction, full program replacement, addition of Retail Space, Town Info. Center, PLUS 3,700sf of new Program including (Larger Great Room, Public Ski Lockers, Rooftop Amenity Space, Additional Public Restrooms) within New Building, Minimal Landscape / Hardscape Full Building Replacement (New 3 story building with expanded program) – Total 9,460 sq. ft. Enclosed Space $6.1 –7.0m @ 9,750sf Basement Ski Valet Deleted PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 88 The Vail Transportation Center Expansion PREVIOUS DESIGN PROCESS: LIONSHEAD TRANSIT & WELCOME CENTER 89 The Vail Transportation Center Expansion PROCESS/ NEXT STEPS 90 The Vail Transportation Center Expansion PROCESS/ NEXT STEPS 91 AGENDA ITEM NO. 4.4 Item Cover Page DATE:February 4, 2025 TIME:30 min. SUBMITTED BY:Carlie Smith, Finance ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion (1:00pm) SUBJECT:Non-Profit Housing Corporation Formation Discussion (3:15pm) SUGGESTED ACTION:Listen to presentation to provide feedback. PRESENTER(S):Jason Dietz, Housing Director and Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 250204 WMC Formation Memo Financing Update- Current Rates (1.24.2025) Ordinance 1 Series 2025 Authorizing the Creation of the Corp Loan Agreement (FOR FILING) Bylaws-Vail Housing Partners (FOR FILING) Quit Claim Deed (FOR FILING) Promissory Note (FOR FILING) Articles of Incorporation (FOR FILING) 92 TO: Vail Town Council FROM: Finance Department Housing Department DATE: February 4, 2025 SUBJECT: West Middle Creek Village Apartments Update I. SUMMARY The purpose of this memo is to provide the Council with an update on the West Middle Creek Village Apartments development (“WMC”) and approve the formation of the Non-Profit Corporation. II. BACKGROUND On December 17, Town Council provided direction to continue moving forward with the WMC development based on limits surrounding the financing structure. The chart below summarizes the financial structure approved by Council as well as changes in interest rates and the impact of those changes to the overall financing structure since the December 17th Council meeting. Dec 5 2024 Jan 23 2025 50 basis point cushion from Dec 10 Aggregate Interest rate 5.16% 5.55% 5.61% Housing Revenue Bonds $133.8M $129.2M $122.0M COPs $45.0M $52.3M $59.2M Town subsidy $106.0K $822.0K $3.0M • Up to $60M in Town-issued Certificates of Participation (COPs) collateralized by Town assets. o Issued by Town of Vail o 40-year maturity o Structured with a 1.0X debt coverage ratio o 3 years of capitalized interest (interest paid by COP proceeds during the construction period) o Collateralized assets still being finalized • $134M in Housing Facilities Revenue Bonds o Issued by Non-Profit Corporation (Vail Home Partners) controlled by the Town to protect the Town’s debt capacity and credit rating o 40-year maturity o Structured with a 1.3X debt coverage ratio o 3 Years of Capitalized Interest (Interest paid from bond proceeds during the construction period) 93 Town of Vail Page 2 • $10M cash from the town structured as a promissory note from the town to the corporation. o Paid back with project revenues when revenues and NOI are deemed to be sufficient. o 0% interest rate • Up to $3M in additional cash subsidy from the Town in the first few years of operation to help fund debt service payments exceeding NOI. • Up to 30% of the development can be rented at “market”, currently assuming 140% of AMI levels, however the “market rents can go up or down to balance project needs and market needs III. DISCUSSION Current Proposed Financial Model The current recommended financing structure remains the same as what was previously presented to Council and includes a Housing Facilities Revenue Bond (previously called an Essential Function Bond) with a subordinate Town of Vail issued Certificate of Participation (COP). A Housing Facilities Revenue Bond is a government-purpose tax exempt bond used to finance affordable housing projects, secured by the net operating income (NOI) from the housing development and a deed of trust on the property. Because the project requires financing beyond what the bonds can provide, given the current interest rate environment and rental rate assumptions, the Town would need to provide a Certificate of Participation (COP) for the remaining amount of financing. A COP is an effective tool for government finance because it is a tax-exempt lease-financing agreement and not subject to TABOR requirements for a ballot question to voters. It does require annual appropriation of debt service payments by the Town Council. Town participation in the project's financing through a COP also provides confidence to the bond market that the local government supports the project. This will lead to better interest rates for the housing revenue bonds, thereby providing more capacity for the revenue bonds and decreasing the otherwise required sizing of the COPs. Since the Town Council meeting on December 17, 2024, interest rates have increased, resulting in an aggregate interest rate increase for the project of 39 basis points from 5.16% to 5.55%. As a result, the 40-year Housing Revenue Bond proceeds have decreased from $133.8M to $129.2M, corresponding with an increase of $7.3M to the Town of Vail issued COP proceeds from $45.0M to $52.3M. The increase in interest rates also impacts the additional subsidy (above the $10.0M) that the town may need to cover for debt service payments within the first few years of operations (2029 and 2030) from $106.0K to $822.0K, increasing the likelihood the rental revenues would not be able to cover the full cost of the debt within the first several years. Please refer to Attachment A for updated debt service schedules for the Bonds and COPs based on interest rate as of January 24, 2025. Early “call” options to allow for greater flexibility in future years continue to be evaluated. Formation of Non-Profit Corporation The Town’s next step in moving forward with the WMC project is to form the non-profit corporation with Ordinance 1, Series of 2025. The corporation will be the entity contracting with the developer, Corum Real Estate, issuing the Housing Revenue Bonds, and then overseeing the operations. Staff proposes that the non-profit corporation be named “Vail Home Partners,” the name of the already existing collaborative partnership between the Vail Local Housing Authority and the Town of Vail, with the unified goal of creating workforce housing for those who live and work in Vail. Board seats for the new corporation will include the following positions: 94 Town of Vail Page 3 • Deputy Town Manager • Town of Vail Finance Director • Town of Vail Housing Director • Town of Vail Public Works Director • Vail Local Housing Authority Representative The ordinance also authorizes the transfer of the West Middle Creek parcel from the town to the corporation and gives the corporation approval to issue the housing revenue bonds. The execution of the land transfer will not take place until just before the bond sales. Parameters around the debt issuance of the COP will be discussed at the next Council meeting on February 18th; the formal approval for issuance of the Housing Revenue Bonds will be via resolution and approved by the newly formed Board. In addition, the ordinance acknowledges the corporation will enter into a loan with the town for the $10.0M cash contribution and repayment of the COP. Also included in your packet is a copy of the articles of incorporation and bylaws referenced in the ordinance, along with the promissory note, loan agreement, and quick claim deed. Updated Timeline Action/Process Date Responsible party 2nd Reading of Town Council Authorizing creation of non-profit; bylaws and articles of incorporation Feb 18, 2025 Butler Snow, Staff 1st Reading: Town Council Authorizes parameters for COP Issuance Feb 18, 2025 Butler Snow, Hilltop, Staff Building permit Feb 28, 2025 Corum 2nd Reading: Town Council Authorizes parameters for COP Issuance March 4, 2025 Butler Snow, Hilltop, Staff Development Agreement Approval with final GMP March 4th, 2025 Corum, Butler Snow, HPWC Vail Home Partners Board Approves Revenue Bond Financing Resolution Week of March 4th Butler Snow, Hilltop, Staff Bond and COP Closings April 22, 2025 Piper Sandler, Hilltop, Staff Summary In summary, the financing model will remain highly sensitive to the interest rate environment and final cost estimates. Staff and our financial team will continue to monitor interest rates over the next two months to coincide with the project’s GMP pricing for a final go/no-go decision by the week of March 24th based on the current schedule and dependent on the approval of the development agreement. Staff will return to Council on February 18th with an ordinance authorizing the issuance of certificates of participation (COPs). The COPs would not go to market until April and only if interest rates allow the COP amount to remain within those limits. IV. ACTION REQUESTED OF COUNCIL In the evening session, Town Council will be asked to approve Ordinance No. 1, Series 2025, authorizing the formation of the non-profit corporation. 95 pipersandler.com | 3 1.Current Rates 96 pipersandler.com | 4 Preliminary Debt Service Graph - 5.0 10.0 15.0 20.0 25.0 30.0 12 / 3 1 / 2 0 2 5 12 / 3 1 / 2 0 2 6 12 / 3 1 / 2 0 2 7 12 / 3 1 / 2 0 2 8 12 / 3 1 / 2 0 2 9 12 / 3 1 / 2 0 3 0 12 / 3 1 / 2 0 3 1 12 / 3 1 / 2 0 3 2 12 / 3 1 / 2 0 3 3 12 / 3 1 / 2 0 3 4 12 / 3 1 / 2 0 3 5 12 / 3 1 / 2 0 3 6 12 / 3 1 / 2 0 3 7 12 / 3 1 / 2 0 3 8 12 / 3 1 / 2 0 3 9 12 / 3 1 / 2 0 4 0 12 / 3 1 / 2 0 4 1 12 / 3 1 / 2 0 4 2 12 / 3 1 / 2 0 4 3 12 / 3 1 / 2 0 4 4 12 / 3 1 / 2 0 4 5 12 / 3 1 / 2 0 4 6 12 / 3 1 / 2 0 4 7 12 / 3 1 / 2 0 4 8 12 / 3 1 / 2 0 4 9 12 / 3 1 / 2 0 5 0 12 / 3 1 / 2 0 5 1 12 / 3 1 / 2 0 5 2 12 / 3 1 / 2 0 5 3 12 / 3 1 / 2 0 5 4 12 / 3 1 / 2 0 5 5 12 / 3 1 / 2 0 5 6 12 / 3 1 / 2 0 5 7 12 / 3 1 / 2 0 5 8 12 / 3 1 / 2 0 5 9 12 / 3 1 / 2 0 6 0 12 / 3 1 / 2 0 6 1 12 / 3 1 / 2 0 6 2 12 / 3 1 / 2 0 6 3 12 / 3 1 / 2 0 6 4 12 / 3 1 / 2 0 6 5 Mi l l i o n s Bond Net DS COP Net DS NOI (3% Growth) Preliminary; subject to change. Combined debt service exceeds projected NOI in 2029-30 (Estimated overage of $822k) 97 pipersandler.com | 5 Preliminary; subject to change. Preliminary Debt Service Schedule (Senior Revenue Bonds) Period Principal Interest Gross Debt Service Retained DSRF Earnings DSRF Earnings & Release Capitalized Interest Net Debt Service NOI (3.0% Growth)Debt Service Coverage Ratio 12/31/2025 - 3,714,538 3,714,538 (225,252) 225,252 3,714,538 - - - 12/31/2026 - 7,429,075 7,429,075 (450,504) 450,504 7,429,075 - - - 12/31/2027 - 7,429,075 7,429,075 (450,504) 450,504 7,429,075 - - - 12/31/2028 - 7,429,075 7,429,075 1,126,259 450,504 3,714,538 2,137,775 3,906,840 1.83 12/31/2029 - 7,429,075 7,429,075 - 450,504 - 6,978,572 9,071,925 1.30 12/31/2030 - 7,429,075 7,429,075 - 450,504 - 6,978,572 9,344,083 1.34 12/31/2031 - 7,429,075 7,429,075 - 450,504 - 6,978,572 9,624,406 1.38 12/31/2032 - 7,429,075 7,429,075 - 450,504 - 6,978,572 9,913,138 1.42 12/31/2033 - 7,429,075 7,429,075 - 450,504 - 6,978,572 10,210,532 1.46 12/31/2034 - 7,429,075 7,429,075 - 450,504 - 6,978,572 10,516,848 1.51 12/31/2035 - 7,429,075 7,429,075 - 450,504 - 6,978,572 10,832,353 1.55 12/31/2036 - 7,429,075 7,429,075 - 450,504 - 6,978,572 11,157,324 1.60 12/31/2037 - 7,429,075 7,429,075 - 450,504 - 6,978,572 11,492,044 1.65 12/31/2038 - 7,429,075 7,429,075 - 450,504 - 6,978,572 11,836,805 1.70 12/31/2039 - 7,429,075 7,429,075 - 450,504 - 6,978,572 12,191,909 1.75 12/31/2040 - 7,429,075 7,429,075 - 450,504 - 6,978,572 12,557,666 1.80 12/31/2041 - 7,429,075 7,429,075 - 450,504 - 6,978,572 12,934,396 1.85 12/31/2042 105,000 7,429,075 7,534,075 - 450,504 - 7,083,572 13,322,428 1.88 12/31/2043 320,000 7,423,431 7,743,431 - 450,504 - 7,292,928 13,722,101 1.88 12/31/2044 560,000 7,406,231 7,966,231 - 450,504 - 7,515,728 14,133,764 1.88 12/31/2045 815,000 7,376,131 8,191,131 - 450,504 - 7,740,628 14,557,777 1.88 12/31/2046 1,090,000 7,332,325 8,422,325 - 450,504 - 7,971,822 14,994,510 1.88 12/31/2047 1,390,000 7,271,013 8,661,013 - 450,504 - 8,210,509 15,444,346 1.88 12/31/2048 1,715,000 7,192,825 8,907,825 - 450,504 - 8,457,322 15,907,676 1.88 12/31/2049 2,065,000 7,096,356 9,161,356 - 450,504 - 8,710,853 16,384,906 1.88 12/31/2050 2,445,000 6,980,200 9,425,200 - 450,504 - 8,974,697 16,876,453 1.88 12/31/2051 2,850,000 6,842,669 9,692,669 - 450,504 - 9,242,165 17,382,747 1.88 12/31/2052 3,285,000 6,682,356 9,967,356 - 450,504 - 9,516,853 17,904,229 1.88 12/31/2053 3,755,000 6,497,575 10,252,575 - 450,504 - 9,802,072 18,441,356 1.88 12/31/2054 4,260,000 6,286,356 10,546,356 - 450,504 - 10,095,853 18,994,597 1.88 12/31/2055 4,805,000 6,046,731 10,851,731 - 450,504 - 10,401,228 19,564,435 1.88 12/31/2056 5,385,000 5,776,450 11,161,450 - 450,504 - 10,710,947 20,151,368 1.88 12/31/2057 6,020,000 5,466,813 11,486,813 - 450,504 - 11,036,309 20,755,909 1.88 12/31/2058 6,695,000 5,120,663 11,815,663 - 450,504 - 11,365,159 21,378,586 1.88 12/31/2059 7,420,000 4,735,700 12,155,700 - 450,504 - 11,705,197 22,019,944 1.88 12/31/2060 8,200,000 4,309,050 12,509,050 - 450,504 - 12,058,547 22,680,542 1.88 12/31/2061 9,030,000 3,837,550 12,867,550 - 450,504 - 12,417,047 23,360,958 1.88 12/31/2062 9,925,000 3,318,325 13,243,325 - 450,504 - 12,792,822 24,061,787 1.88 12/31/2063 10,880,000 2,747,638 13,627,638 - 450,504 - 13,177,134 24,783,641 1.88 12/31/2064 11,900,000 2,122,038 14,022,038 - 450,504 - 13,571,534 25,527,150 1.88 12/31/2065 25,005,000 1,437,788 26,442,788 - 12,463,930 - 13,978,857 26,292,964 1.88 Total:129,920,000 259,315,025 389,235,025 -30,258,818 22,287,225 336,688,982 604,234,443 98 pipersandler.com | 6 Period Principal Interest Gross COP Debt Service Capitalized Interest Net COP Debt Service Residual NOI (3.0% Growth)(Deficit) / Surplus Combined NOI Coverage 12/31/2025 - 1,320,163 1,320,163 1,320,163 - - - - 12/31/2026 - 2,640,325 2,640,325 2,640,325 - - - - 12/31/2027 - 2,640,325 2,640,325 2,640,325 - - - - 12/31/2028 - 2,640,325 2,640,325 1,320,163 1,320,163 1,769,065 448,902 1.13 12/31/2029 - 2,640,325 2,640,325 - 2,640,325 2,093,354 (546,971) 0.94 12/31/2030 - 2,640,325 2,640,325 - 2,640,325 2,365,512 (274,813) 0.97 12/31/2031 - 2,640,325 2,640,325 - 2,640,325 2,645,834 5,509 1.00 12/31/2032 - 2,640,325 2,640,325 - 2,640,325 2,934,566 294,241 1.03 12/31/2033 - 2,640,325 2,640,325 - 2,640,325 3,231,960 591,635 1.06 12/31/2034 - 2,640,325 2,640,325 - 2,640,325 3,538,276 897,951 1.09 12/31/2035 - 2,640,325 2,640,325 - 2,640,325 3,853,782 1,213,457 1.13 12/31/2036 - 2,640,325 2,640,325 - 2,640,325 4,178,752 1,538,427 1.16 12/31/2037 - 2,640,325 2,640,325 - 2,640,325 4,513,472 1,873,147 1.19 12/31/2038 - 2,640,325 2,640,325 - 2,640,325 4,858,233 2,217,908 1.23 12/31/2039 - 2,640,325 2,640,325 - 2,640,325 5,213,337 2,573,012 1.27 12/31/2040 - 2,640,325 2,640,325 - 2,640,325 5,579,095 2,938,770 1.31 12/31/2041 75,000 2,640,325 2,715,325 - 2,715,325 5,955,825 3,240,500 1.33 12/31/2042 160,000 2,636,575 2,796,575 - 2,796,575 6,238,857 3,442,282 1.35 12/31/2043 250,000 2,628,575 2,878,575 - 2,878,575 6,429,173 3,550,598 1.35 12/31/2044 350,000 2,616,075 2,966,075 - 2,966,075 6,618,036 3,651,961 1.35 12/31/2045 455,000 2,598,575 3,053,575 - 3,053,575 6,817,149 3,763,574 1.35 12/31/2046 570,000 2,575,825 3,145,825 - 3,145,825 7,022,689 3,876,864 1.35 12/31/2047 695,000 2,545,900 3,240,900 - 3,240,900 7,233,837 3,992,937 1.35 12/31/2048 830,000 2,509,413 3,339,413 - 3,339,413 7,450,354 4,110,942 1.35 12/31/2049 975,000 2,465,838 3,440,838 - 3,440,838 7,674,053 4,233,216 1.35 12/31/2050 1,130,000 2,414,650 3,544,650 - 3,544,650 7,901,757 4,357,107 1.35 12/31/2051 1,295,000 2,355,325 3,650,325 - 3,650,325 8,140,582 4,490,257 1.35 12/31/2052 1,460,000 2,297,050 3,757,050 - 3,757,050 8,387,377 4,630,327 1.35 12/31/2053 1,640,000 2,231,350 3,871,350 - 3,871,350 8,639,285 4,767,935 1.35 12/31/2054 1,830,000 2,157,550 3,987,550 - 3,987,550 8,898,744 4,911,194 1.35 12/31/2055 2,030,000 2,075,200 4,105,200 - 4,105,200 9,163,207 5,058,007 1.35 12/31/2056 2,245,000 1,983,850 4,228,850 - 4,228,850 9,440,421 5,211,571 1.35 12/31/2057 2,495,000 1,860,375 4,355,375 - 4,355,375 9,719,600 5,364,225 1.35 12/31/2058 2,765,000 1,723,150 4,488,150 - 4,488,150 10,013,427 5,525,277 1.35 12/31/2059 3,050,000 1,571,075 4,621,075 - 4,621,075 10,314,747 5,693,672 1.35 12/31/2060 3,355,000 1,403,325 4,758,325 - 4,758,325 10,621,996 5,863,671 1.35 12/31/2061 3,685,000 1,218,800 4,903,800 - 4,903,800 10,943,912 6,040,112 1.35 12/31/2062 4,035,000 1,016,125 5,051,125 - 5,051,125 11,268,966 6,217,841 1.35 12/31/2063 4,405,000 794,200 5,199,200 - 5,199,200 11,606,507 6,407,307 1.35 12/31/2064 4,805,000 551,925 5,356,925 - 5,356,925 11,955,616 6,598,691 1.35 12/31/2065 5,230,000 287,650 5,517,650 - 5,517,650 12,314,107 6,796,457 1.35 Total:49,815,000 90,083,738 139,898,738 7,920,975 131,977,763 267,545,461 135,567,699 Preliminary Debt Service Schedule (COPs)Projected $822 thousand out-of-pocket exposure Preliminary; subject to change. 99 1 ORDINANCE NO. 1 SERIES 2025 AN ORDINANCE AUTHORIZING THE CREATION OF THE VAIL HOME PARTNERS CORPORATION PURSUANT TO THE COLORADO REVISED NONPROFIT CORPORATION ACT; AUTHORIZING THE CORPORATION TO INCUR FINANCIAL OBLIGATIONS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT; AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY TO THE CORPORATION BY QUIT CLAIM DEED; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town is a municipal corporation duly organized and existing as a home rule town and municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado (the “State”) and the home rule charter of the Town (the “Charter”); WHEREAS, under the Charter, the Town has all the powers of local self- government and home rule and all power possible under the Constitution and the laws of the State; WHEREAS, the Town Council has determined to form the Vail Home Partners Corporation (the “Corporation”) under the provisions of the Col orado Revised Nonprofit Corporation Act, Articles 121 through 137 of Title 7, Colorado Revised Statutes, as amended (the “Act”), for the purpose of acquiring, constructing, financing, operating, maintaining and developing multifamily rental dwelling units in the Town to assist the Town with fulfilling its public and governmental purpose of remedying the acute shortage of dwelling units in the Town for individuals and families working in Eagle County, Colorado, by providing decent, safe and sanitary dwelling units in the Town that are offered at rental rates that are affordable to a range of individuals and families working within Eagle County, Colorado; WHEREAS, the Town Council has determined that the Corporation shall be formed as a “Constituted Authority” under Section 1.103-1(b) of the Internal Revenue Code of 1986, as amended (the “Code”), and Revenue Ruling 57-187 promulgated under the Code, and as an “enterprise” of the Town under article X, section 20 of the State Constitution (“TABOR”), pursuant to the Charter and this Ordinance; WHEREAS, the Town Council has determined that the Corporation will be formed to acquire real property currently owned by the Town to serve as the site of the West Middle Creek Apartments (the “Property”), and to finance the construction and development 100 2 of the West Middle Creek Apartments as decent, safe and sanitary dwelling units that are offered at rental rates that are affordable to a range of individuals and families working within Eagle County, Colorado (the “Development”); WHEREAS, the Town Council has determined that the Development shall be constructed on the Property, and the Town Council hereby authorizes the transfer of the Property to the Corporation pursuant to a Quit Claim Deed (the “Deed”) from the Town to the Corporation, subject to the conditions stated in the Deed; WHEREAS, the Town Council hereby authorizes the Corporation to issue one or more series of its Housing Facilities Revenue Bonds, Series 2025 (the “Series 2025 Bonds”) in an aggregate principal amount not to exceed $182,000,000 on behalf of the Town, for purposes of the Code, to finance the acquisition and construction of the Development; WHEREAS, if the Town Council elects to make a loan to the Corporation to finance a portion of the Development (the “Loan”), then the Corporation is hereby authorized to enter into a Loan Agreement with the Town (the “Loan Agreement”) to set forth the terms of the Loan, and is authorized to execute and deliver a promissory note to the Town to evidence the Loan (the “Note”); WHEREAS, the proposed form of the Articles of Incorporation and Bylaws of the Corporation (the “Articles and Bylaws”), the Loan Agreement, the Note and the Deed are on file with the Town Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Corporation Organization and Powers. The Town Council hereby approves the organization of the Corporation for the purposes set forth herein and in the Articles and Bylaws, and hereby approves the Articles and Bylaws in the substantially the forms on file with the Town Clerk, with such modifications as hereafter approved by the Town Attorney that are not inconsistent herewith. The Corporation is being formed for the express purpose of assisting the Town with fulfilling its public and governmental purpose of remedying the acute shortage of dwelling units in the Town for individuals and families working in Eagle County, Colorado, by providing decent, safe and sanitary dwelling units in the Town that are offered at rental rates that are affordable to a range of individuals and families working within Eagle County, Colorado. The Corporation shall have the powers granted to it in this Ordinance, the Act, and the Articles and Bylaws. The Corporation shall have all powers necessary to qualify as a Constituted Authority for purposes of the Code and as an enterprise under TABOR, and shall not have any powers inconsistent therewith. The Corporation does not have the power to levy taxes. 101 3 Section 2. Loan Agreement. The Town Council hereby authorizes the Corporation to enter into a Loan Agreement with the Town, and to execute the Loan Agreement and Note in substantially the forms on file with the Town Clerk. Section 3. Deed. The Town Council hereby approves the transfer of the Property to the Corporation pursuant to the Deed , in substantially the form on file with the Town Clerk, and authorizes the execution of the Deed by the appropriate officers of the Town. Section 4. Issuance of Series 2025 Bonds by the Corporation. The Town Council hereby authorizes the issuance of one or more series of the Series 2025 Bonds by the Corporation in an amount not to exceed $182,000,000 for the purpose of financing all or a portion of the Development. This authorization includes the authorization to issue current interest bonds, capital appreciation bonds, subordinate bonds, and any other financing structure deemed appropriate by the board of the Corporation. Section 5. Town Action. The Mayor and the Town Clerk are hereby authorized and directed to execute and deliver such documents and to take all action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated herein. Section 6. Obligations of Corporation. None of the Series 2025 Bonds, the Loan, the Loan Agreement, the Note, or any other bonds or other obligations issued by the Corporation are debts or financial obligations of the Town, the State or any political subdivision thereof within the meaning of any provision or limitation of the Charter, or the Constitution or statutes of the State, and will never constitute nor give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers. The Town shall have no obligation whatsoever to pay any bonds or other obligations issued by the Corporation. Section 7. Board of Directors. In accordance with the Articles and Bylaws, the following individuals shall serve as the initial Board of Directors of the Corporation: (i) Deputy Town Manager; (ii) Town of Vail Housing Director; (iii) Town of Vail Finance Director; (iv) Town of Vail Public Works Director; and (v) Vail Housing Authority member. Section 8. Other Actions. The appropriate officers of the Town are hereby authorized to execute and deliver for and on behalf of the Town, any or all additional certificates, acknowledgments, documents and other papers and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Ordinance and in any resolution of the Corporation. Section 9. Severability. 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, 102 4 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 10. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town Council and other officers of the Town relating to the formation of the Corporation, the execution of the Loan Agreement and delivery of the Loan for the acquisition and construction of the Development and the execution of the Deed for the purposes provided herein are ratified, approved and confirmed. Section 11. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this Ordinance and such statutes. Any such inconsistency or conflict is intended by the Town Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 12. Repealer. 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. 103 5 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of February, 2025 and a public hearing for second reading of this Ordinance set for the 18th day of February, 2025, 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 18th day of February, 2025. ________________________________ Travis Coggin, Mayor ATTEST: ___________________________ Stephanie Kauffman, Town Clerk 104 LOAN AGREEMENT This Loan Agreement (“Loan Agreement”), dated _________ __, 2025 (“Effective Date”), is between the TOWN OF VAIL, COLORADO, a municipal corporation (“Lender”), and VAIL HOME PARTNERS CORPORATION, a Colorado nonprofit corporation (“Borrower”). The Borrower is, or at the time of execution of this Loan Agreement, will be, the owner of certain real property located in Vail, Colorado, which the Borrower intends to develop and operate as a multifamily affordable housing development (“Development”). The Town Council of the Lender has determined to participate in the financing of the Development by advancing certain available funds of the Lender, as well as proceeds of certain Certificates of Participation (the “Certificates” and, with the other available funds of the Lender, the “Funds”) to the Borrower to be utilized for the construction of the Development. The Borrower shall also issue certain Housing Facilities Revenue Bonds (the “Bonds”) as its contribution to the Development. The obligation of the Borrower to repay this Loan shall be subordinate and junior at all times to the obligation of the Borrower to repay the Bonds. The parties therefore agree as follows: 1. The Loan. The Lender shall lend the Funds to the Borrower, and the Borrower shall borrow the Funds from the Lender, subject to the terms this Loan Agreement. The Loan is a subordinate cash flow obligation of the Borrower and shall be paid after the payment of the Bonds and other amounts required under that certain Mortgage and Indenture of Trust between the Borrower and U.S. Bank Trust Company, National Association (the “Indenture”) relating to the issuance of the Bonds. The Loan shall bear interest at 0% and shall remain outstanding until all amounts thereunder have been fully paid and satisfied. 2. Disbursement. Upon the issuance of the Bonds by the Borrower and the execution and delivery of the Certificates, the Lender shall lend the funds to Borrower pursuant to a Promissory Note in the original principal amount of $[_____] (the “Note”), which represents $[10,000,000] of available revenue of the Lender and $[_____] of the proceeds of the Certificates. The Funds shall be deposited with U. S. Bank Trust Company, National Association, as trustee for the Bonds, and drawn pursuant to requisition of the Borrower to pay the costs of the Development. This Loan Agreement and the Note are referred to as the “Loan Documents.” 3. Events of Default. The following events, subject to the notice and cure requirements set forth below, will constitute an Event of Default: 105 2 (a) if the Borrower fails to duly and punctually perform its obligations under this Loan Agreement, or it violates the covenants contained in any of the Loan Documents in any material respect, and such failure remains uncured within ninety days of the Borrower’s receipt of written notice from Lender; (b) if the Borrower fails to pay the Note when due, and the Borrower fails to cure within thirty days of receiving written notice of such failure from Lender; (c) if the Borrower makes a general assignment for the benefit of creditors, admits in writing its inability to pay its debts generally as they mature, files or has filed against it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement with creditors or other similar relief under the federal bankruptcy laws or under any other applicable law of the United States of America or any state, consents to the appointment of a trustee or receiver; or takes any action for the purpose of effecting or consenting to any of the foregoing; and (d) if an order, judgment, or decree is entered appointing, without the Borrower’s consent, a trustee or receiver for the Borrower or a substantial part of its property, or approving a petition filed against the Borrower seeking a reorganization, arrangement with creditors or other similar relief under the federal bankruptcy laws or under any other applicable law of the United States of America or any state, and such order, judgment, or decree is not be vacated, set aside, or stayed within ninety days from the date of entry. Following the occurrence of an Event of Default, the Lender shall provide written notice to the Borrower. The Borrower may cure any Event of Default within the timeframes provided in this Loan Agreement or any other Loan Document. If the Borrower fails to timely cure a default, then the Lender shall have all remedies as are set forth in the Loan Documents or otherwise at law. 4. Defense and Indemnification. (a) The Borrower shall defend, indemnify, and hold harmless Lender, and all of its past and present officers, directors, commissioners, employees, partners, agents, shareholders, members, trustees, predecessors, successors, subrogees, and attorneys (collectively, “Lender Parties”) against all liabilities, claims, judgments, suits, or demands for damages to persons or property arising out of, resulting from, or relating to this Agreement (“Claims”) unless such Claims are due to the gross negligence or willful misconduct of Lender. The Borrower’s duty to defend and indemnify each of the Lender Parties will arise when written notice of the Claim is first provided to a Lender Party regardless of whether the claimant has filed suit on the Claim. The Borrower’s duty to defend and indemnify a 106 3 Lender Party will arise even if the Lender Party is the only party sued by a claimant, or claimant alleges that the Lender Party’s gross negligence or willful misconduct was the sole cause of claimant’s damages. (b) The Borrower will defend any and all Claims that may be brought or threatened against a Lender Party and will pay on behalf of a Lender Party any expenses incurred by reason of such Claims including court costs and attorney’s fees incurred in defending and investigating such Claims or seeking to enforce this indemnity obligation. These payments on behalf of a Lender Party will be in addition to any other legal remedies available to a Lender Party. (c) A Lender Party shall give the Borrower a copy of any notice of a Claim. A Lender Party shall allow the Borrower thirty days after receipt of such notice to cure of any monetary default under the Loan Documents. Lender shall allow the Borrower ninety days after giving Borrower notice to cure any non-monetary default under the Loan Documents or such longer period as is reasonably necessary for the Borrower to cure if the Borrower commences and diligently pursues to cure. 5. Miscellaneous. (a) This Loan Agreement binds and inures to the benefit of the successors and assigns of the parties. Subject to the Lender’s consent, which the Lender shall not unreasonably withhold, condition, or delay, the Borrower may assign the Loan and the obligations and duties of the Bo rrower under the Loan Documents to any purchaser of the Property and Project if the purchaser agrees to be bound to the Loan Documents. (b) Any amendment to this Loan Agreement requires a written agreement of the parties. (c) No waiver of satisfaction of a condition or non-performance of an obligation under this Loan Agreement will be effective unless it is in writing and signed by the party granting the waiver. (d) The laws of the state of Colorado, without giving effect to its principles of conflicts of law, govern all adversarial proceedings brought by the parties arising out of this Loan Agreement, whether their claims sound in contract, tort, or otherwise. (e) This Loan Agreement will remain effective so long as there are sums remaining outstanding on the Note. (f) The parties shall give all notices, consents, demands, waivers, or approvals related to this Agreement in writing delivered by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class certified mail, postage prepaid, or (iv) e-mail. A notice is deemed given on the other party’s 107 4 receipt of it, or if mailed, on the earlier of the other party’s receipt of it and the fifth business day after its mailing. The parties may change their addresses for notice by notifying the other parties in the manner provided in this Section 5(f). The parties hereby designate their addresses as follows: If to the Borrower: Vail Home Partners Corporation 75 South Frontage Road West Vail, Colorado 81657 Attention: Deputy Town Manager/President of the Borrower With a copy to: Winthrop & Weinstine, P.A. 225 South 6th Street, Suite 3500 Minneapolis, Minnesota 55402 Attn.: Jon L. Peterson, Esq. If to the Lender: The Town of Vail, Colorado 75 South Frontage Road West Vail, Colorado 81657 Attention: Deputy Town Manager With a copy to: Hoffmann, Parker, Wilson & Carberry, P. C. 511 17th Street, Suite 610 Denver, Colorado 80202 Attn.: J. Matthew Mire, Town Attorney (g) The Borrower consents to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy relating the Loan Documents and waives any argument that venue in such forum is not convenient. Any litigation related to the Loan Documents must be venued in either the district court of Eagle County, Colorado or in the United States District Court for the District of Colorado. [signature pages follow] 108 92110924.v2 The Borrower has executed this Loan Agreement as of the Effective Date. VAIL HOME PARTNERS CORPORATION ________________________________ President ATTEST: ___________________________ Secretary The Lender has executed this Loan Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Travis Coggin, Mayor ATTEST: ___________________________ Stephanie Kauffman, Town Clerk 109 92110924.v2 110 BYLAWS OF VAIL HOME PARTNERS CORPORATION (Adopted [_____], 2025) 111 i TABLE OF CONTENTS Page ARTICLE I OFFICES ....................................................................................................... 1 Section 1.1 Business Offices. ................................................................................... 1 Section 1.2 Registered Office.................................................................................... 1 ARTICLE II MEMBERS ................................................................................................... 1 Section 2.1 No Members. .......................................................................................... 1 ARTICLE III BOARD OF DIRECTORS ........................................................................... 1 Section 3.1 General Powers. .................................................................................... 1 Section 3.2 Number, Election, Tenure and Qualifications. ........................................ 1 Section 3.4 Regular Meetings. .................................................................................. 2 Section 3.5 Notice. .................................................................................................... 2 Section 3.6 Presumption of Assent. .......................................................................... 2 Section 3.7 Quorum and Voting. ............................................................................... 2 Section 3.8 Compensation. ....................................................................................... 2 Section 3.9 Executive and Other Committees. .......................................................... 2 Section 3.10 Meetings by Telephone or Virtually. ....................................................... 3 Section 3.11 Action Without a Meeting. ...................................................................... 3 ARTICLE IV OFFICERS AND AGENTS ......................................................................... 3 Section 4.1 Number and Qualifications. .................................................................... 3 Section 4.2 Election and Term of Office. ................................................................... 3 Section 4.3 Compensation. ....................................................................................... 3 Section 4.4 Removal. ................................................................................................ 3 Section 4.5 Vacancies. .............................................................................................. 4 Section 4.6 Authority and Duties of Officers. ............................................................. 4 Section 4.7 Surety Bonds. ......................................................................................... 5 ARTICLE V OPERATING GUIDELINES ......................................................................... 5 Section 5.1 Contracts. ............................................................................................... 5 Section 5.2 Loans. .................................................................................................... 5 Section 5.3 Checks, Drafts and Notes. ..................................................................... 5 Section 5.4 Deposits. ................................................................................................ 5 Section 5.5 Investment Managers. ............................................................................ 5 ARTICLE VI MISCELLANEOUS ..................................................................................... 6 Section 6.6 Account Books, Minutes, Etc. ................................................................. 6 Section 6.7 Fiscal Year. ............................................................................................ 6 Section 6.8 Conveyances and Encumbrances. ......................................................... 6 Section 6.9 Designated Contributions. ...................................................................... 6 Section 6.10 Conflicting Interest Transactions. ........................................................... 6 Section 6.11 Non-Liability For Debts. .......................................................................... 7 Section 6.12 Amendments. ......................................................................................... 7 Section 6.13 Severability. ............................................................................................ 7 112 BYLAWS OF VAIL HOME PARTNERS CORPORATION ARTICLE I OFFICES Section 1.1 Business Offices. The principal office of the corporation shall be located within the Town of Vail, Colorado. The corporation may have such other offices, either within or outside Colorado, as the board of directors may designate or as the affairs of the corporation may require from time to time. Section 1.2 Registered Office. The registered office of the corporation required by the laws of the State of Colorado governing nonprofit corporations to be maintained in Colorado may be, but need not be, the same as the principal office if in Colorado, and the address of the registered office may be changed from time to time by the board of directors or by the officers of the corporation. ARTICLE II MEMBERS Section 2.1 No Members. The corporation shall have no members. ARTICLE III BOARD OF DIRECTORS Section 3.1 General Powers. The business and affairs of the corporation shall be managed by its board of directors, except as otherwise provided in the laws of the State of Colorado, the articles of incorporation or these bylaws. Section 3.2 Number, Election, Tenure and Qualifications. Initially, the board of directors shall consist of 5 members. The members of the board of directors of the corporation shall consist of the following officers and employees of the Town, as well as one member of the Vail Housing Authority, and each member who is an officer or employee of the Town shall have a term of office shall be coterminous with his or her term or tenure as officers of employees of the Town. Town officers or employees of the to serve on the board of directors of the corporation shall be (i) Assistant Town Manager; (ii) Town of Vail Housing Director; (iii) Town of Vail Finance Director; (iv) Town of Vail Public Works Director; and (v) Vail Housing Authority member. The Assistant Town Manager shall serve as the president of the board of directors. 113 2 Section 3.4 Regular Meetings. A regular annual meeting of the board of directors shall be held during the month of November at the time and place determined by the board, for the purpose of electing officers and for the transaction of such other business as may come before the meeting. The board of directors may provide by resolution the time and place for the holding of additional regular meetings. Section 3.4. Special Meetings. Special meetings of the board of directors may be called by or at the request of the president or any two directors. The person or persons authorized to call special meetings of the board of directors may fix any place as the place for holding any special meeting of the board called by them. Section 3.5 Notice. Notice of each meeting of the board of directors stating the place, day and hour of the meeting shall be given to each director at the director’s business address at least 24 hours prior to the meeting, delivered electronically and posted on the Town’s website. Such notice shall be deemed to be given when the electronic transmission is sent. Any director may waive notice of any meeting before, at or after such meeting. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any meeting of the board of directors need be specified in the notice or waiver of notice of such meeting unless otherwise required by statute. Section 3.6 Presumption of Assent. A director of the corporation who is present at a meeting of the board of directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless such director's dissent shall be entered in the minutes of the meeting or unless the director shall file a written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of such action. Section 3.7 Quorum and Voting. A majority of the directors shall constitute a quorum for the transaction of business at any meeting of the board of directors, and the vote of a majority of the directors present in person at a meeting at which a quorum is present shall be the act of the board of directors. If less than a quorum is present at a meeting, a majority of the directors present may adjourn the meeting from time to time without further notice other than an announcement at the meeting, until a quorum shall be present. No directors may vote or act by proxy at any meeting of directors. Section 3.8 Compensation. Directors shall not receive compensation for their services as such, although the reasonable expenses of directors of attendance at board meetings may be paid or reimbursed by the corporation. Directors shall not be disqualified to receive reasonable compensation for services rendered to or for the benefit of the corporation in any other capacity. 114 3 Section 3.9 Executive and Other Committees. By one or more resolutions adopted by a majority of the directors then in office, the board of directors may designate from among its members an executive committee and one or more other committees, each of which, to the extent provided in the resolution establishing such committee, shall have and may exercise all of the authority of the board of directors, except as prohibited by statute. The delegation of authority to any committee shall not operate to relieve the board of directors or any member of the board from any responsibility imposed by law. Rules governing procedures for meetings of any committee of the board shall be as established by the board of directors, or in the absence thereof, by the committee itself. Section 3.10 Meetings by Telephone or Virtually. Members of the board of directors or any committee thereof may participate in a meeting of the board or committee by means of conference telephone , virtually through Zoom or Microsoft Teams, or similar communications equipment or means by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting. Section 3.11 Action Without a Meeting. Any action required or permitted to be taken at a meeting of the directors or any committee thereof may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors or committee members entitled to vote with respect to the subject matter thereof. Such consent (which may be signed in counterparts) shall have the same force and effect as a unanimous vote of the directors or committee members. ARTICLE IV OFFICERS AND AGENTS Section 4.1 Number and Qualifications. The elected officers of the corporation shall be a president, one or more vice-presidents, a secretary and a treasurer. The board of directors may also appoint such other officers, assistant officers and agents, including an executive director, a controller, assistant secretaries and assistant treasurers, as it may consider necessary. One person may hold more than one office at a time, except that no person may simultaneously hold the offices of president and secretary. Officers need not be directors of the corporation. All officers must be at least eighteen years old. Section 4.2 Election and Term of Office. The elected officers of the corporation shall be elected by the board of directors at each regular annual meeting. If the election of officers shall not be held at such meeting, such election shall be held as soon as convenient thereafter. Each officer shall hold office until the officer ’s successor shall have been duly elected and shall have qualified, or until the officer ’s earlier death, resignation or removal. Section 4.3 Compensation. The compensation of the officers, if any, shall be as fixed from time to time by the board of directors, and no officer shall be 115 4 prevented from receiving a salary by reason of the fact that such officer is also a director of the corporation. Section 4.4 Removal. Any officer or agent may be removed by the board of directors whenever in its judgment the best interests of the corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not in itself create contract rights. Section 4.5 Vacancies. Any officer may resign at any time, subject to any rights or obligations under any existing contracts between the officer and the corporation, by giving written notice to the president or to the board of directors. An officer's resignation shall take effect at the time specified in such notice, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. A vacancy in any office, however occurring, may be filled by the Town Council for the unexpired portion of the term. Section 4.6 Authority and Duties of Officers. The officers of the corporation shall have the authority and shall exercise the powers and perform the duties specified below and as may be additionally specified by the president, the board of directors or these bylaws, except that in any event each officer shall exercise such powers and perform such duties as may be required by law. (a) President. The president shall, subject to the direction and supervision of the board of directors, (i) be the chief executive officer of the corporation and have general and active control of its affairs and business and general supervision of its officers, agents and employees; (ii) preside at all meetings of the board of directors; (iii) see that all orders and resolutions of the board of directors are carried into effect; and (iv) perform all other duties incident to the office of president and as from time to time may be assigned to the president by the board of directors. The President shall be the Assistant Town Manager of the Town. (b) Vice-Presidents. The vice-president or vice-presidents shall assist the president and shall perform such duties as may be assigned to them by the president or by the board of directors. The vice -president (or if there is more than one, then the vice-president designated by the board of directors, or if there be no such designation, then the vice-presidents in order of their election) shall, at the request of the president, or in the president's absence or inability or refusal to act, perform the duties of the president and when so acting shall have all the powers of and be subject to all the restrictions of the president. (c) Secretary. The secretary shall (i) keep the minutes of the proceedings of the board of directors and any committees of the board; (ii) see that all notices are duly given in accordance with the provisions of these bylaws or as required by law; (iii) be custodian of the corporate records and of the seal of the corporation; and (iv) in general, perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by the president or by the board 116 5 of directors. Assistant secretaries, if any, shall have the same duties and powers, subject to supervision by the secretary. (d) Treasurer. The treasurer shall (i) be the principal financial officer of the corporation and have the care and custody of all its funds, securities, evidences of indebtedness and other personal property and deposit the same in accordance with the instructions of the board of directors; (ii) receive and give receipts and acquittances for moneys paid in on account of the corporation, and pay out of the funds on hand all bills, payrolls and other just debts of the corporation of whatever nature upon maturity; (iii) unless there is a controller, be the principal accounting officer of the corporation and as such prescribe and maintain the methods and systems of accounting to be followed, keep complete books and records of account, prepare and file all local, state and federal tax returns and related documents, prescribe and maintain an adequate system of internal audit, and prepare and furnish to the president and the board of directors statements of account showing the financial position of the corporation and the results of its operations; (iv) upon request of the board, make such reports to it as may be required at any time; and (v) perform all other duties incident to the office of treasurer and such other duties as from time to time may be assigned to the treasurer by the president or the board of directors. Assistant treasurers, if any, shall have the same powers and duties, subject to supervision by the treasurer. Section 4.7 Surety Bonds. The board of directors may require any officer or agent of the corporation to execute to the corporation a bond in such sums and with such sureties as shall be satisfactory to the board, conditioned upon the faithful performance of such person's duties and or the restoration to the corporation of all books, papers, vouchers, money and other property of whatever kind in such person's possession or under such person's control belonging to the corporation. ARTICLE V OPERATING GUIDELINES Section 5.1 Contracts. The board may authorize any officer or officers, agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Section 5.2 Loans. No loans shall be contracted for or on behalf of the corporation and no evidence of indebtedness shall be issued in the name of the corporation unless authorized by resolution of the board. Such authority may be general if confined to a maximum dollar amount specified by the board by resolution from time to time. Such authority otherwise shall be confined to specific instances. No loan shall be made to any officer or director of the corporation. Section 5.3 Checks, Drafts and Notes. All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name of the corporation shall be signed by two officers appointed by the board, including, if 117 6 possible, the treasurer, and in such manner as from time to time shall be determined by resolution of the board. Section 5.4 Deposits. All funds of the corporation otherwise not employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the board may select. Section 5.5 Investment Managers. The board shall have the authority to invest and reinvest the assets of the corporation and designate any bank, trust company, brokerage firm, or investment advisor to manage the assets and the investment of the assets of the corporation. ARTICLE VI MISCELLANEOUS Section 6.6 Account Books, Minutes, Etc. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its board of directors and committees. All books and records of the corporation may be inspected by any director, or that director's authorized agent or attorney, for any proper purpose at any reasonable time. Section 6.7 Fiscal Year. The fiscal year of the corporation shall be as established by the board of directors. Section 6.8 Conveyances and Encumbrances. Property of the corporation may be assigned, conveyed or encumbered by such officers of the corporation as may be authorized to do so by the board of directors, and such authorized persons shall have power to execute and deliver any and all instruments of assignment, conveyance and encumbrance; however, the sale, exchange, lease or other disposition of all or substantially all of the property and assets of the corporation shall be authorized only in the manner prescribed by applicable statute. Section 6.9 Designated Contributions. The corporation may accept any designated contribution, grant, bequest or devise consistent with its general tax -exempt purposes, as set forth in the articles of incorporation. As so limited, donor -designated contributions will be accepted for special funds, purposes or uses, and such designations generally will be honored. However, the corporation shall reserve all right, title and interest in and to and control of such contributions, as well as full discretion as to the ultimate expenditure or distribution thereof in connection with any such special fund, purpose or use. Further, the corporation shall acquire and retain sufficient control over all donated funds (including designated contributions) to assure that such funds will be used to carry out the corporation's tax-exempt purposes. 118 7 Section 6.10 Conflicting Interest Transactions. (a) As used in this section, "Conflicting Interest Transaction" means a contract, transaction, or other financial relationship between the corporation and a director of the corporation, or between the corporation and a party related to a director or between the corporation and an entity in which a director of the corporation is a director or officer or has a financial interest. (b) No loans shall be made by the corporation to its directors or officers. Any director or officer who assents to or participates in the making of any such loan shall be liable to the corporation for the amount of such loan until the repayment thereof. (c) No Conflicting Interest Transaction shall be void or voidable or be enjoined, set aside, or give rise to an award of damages or other sanctions in a proceeding in the right of the corporation, solely because the Conflicting Interest Transaction involves a director of the corporation or a party related to a director or an entity in which a director of the corporation is a director or officer or has a financial interest or solely because the director is present at or participates in the meeting of the corporation's board of directors or of the committee of the board of directors that authorizes, approves, or ratifies the Conflicting Interest Transaction or solely because the director's vote is counted for such purpose if: (i) The material facts as to the director's relationship or interest and as to the Conflicting Interest Transaction are disclosed or are known to the board of directors or the committee, and the board of directors or committee in good faith authorizes, approves, or ratifies the Conflicting Interest Transaction by the affirmative vote of a majority of the disinterested directors, even though the disinterested directors are less than a quorum; or (ii) The Conflicting Interest Transaction is fair as to the corporation. (d) Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or of a committee which authorizes, approves, or ratifies the Conflicting Interest Transaction. (e) For purposes of this section, a party related to a director shall mean a spouse, a descendent, an ancestor, a sibling, the spouse or descendent of a sibling, an estate or trust in which the director or a party related to a director has a beneficial interest, or an entity in which a party related to a director is a director, officer, or has a financial interest. (f) Notwithstanding any other provision of this Article VI, no contract, transaction or financial relationship between the corporation and t he employees of the Town of Vail, Colorado shall constitute a Conflicting Interest Transaction. 119 8 Section 6.11 Non-Liability For Debts. The private property of the directors and officers shall be exempt from execution or other liability for any debts of the Corporation and no director shall be liable or responsible for the debts or liabilities of the Corporation. Section 6.12 Amendments. The power to alter, amend or repeal these bylaws and adopt new bylaws shall be vested in the board of directors. Section 6.13 Severability. The invalidity of any provision of these bylaws shall not affect the other provisions hereof, and in such event these bylaws shall be construed in all respects as if such invalid provision were omitted. 120 9 ______________________________________ The undersigned hereby certifies that the foregoing Bylaws of Vail Home Partners Corporation as adopted [______], 2025, are in full force and effect as of [_____], 2025. [SEAL] __________________________________ Secretary 91674313.v3 121 RECORDING REQUEST BY AND, FOLLOWING RECORDING, RETURN TO: Kimberley Crawford Butler Snow LLP 1801 California Street, Suite 5100 Denver, Colorado 80202 QUIT CLAIM DEED The Town of Vail, Colorado, a Colorado municipal corporation (the “Grantor”), whose street address is 75 South Frontage Road West, Vail, Colorado, for good and valuable consideration, hereby does remise, release, sell and quit claim to Vail Home Partners Corporation, a Colorado nonprofit corporation (the “Grantee”), whose street address is 75 South Frontage Road West, Vail, Colorado, all right, title, interest, claim and demand which the Grantor has in and to the real estate property, together with improvement s, situated, lying and being in the Town of Vail, Colorado, to wit: see Exhibit A attached hereto and incorporated herein by this reference 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 in equity, to the only proper use, benefit and behoof of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has caused this Quit Claim Deed to be executed in its name and the seal of Grantor to be affixed hereto and attested by its duly authorized officers, all as of the date first above written. [SEAL] THE TOWN OF VAIL, COLORADO, a Colorado home rule municipal corporation, as Grantor ________________________________________ Travis Coggin, Mayor ATTEST: ___________________________ Stephanie Kauffman, Town Clerk 122 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _____ day of __________, 2025 by Travis Coggin as Mayor and Stephanie Kauffman, as Town Clerk, of Town of Vail, Colorado. Witness my hand and official seal. _____________________________________ Notary Public 123 EXHIBIT A 351 N FRONTAGE RD W. – West Middle Creek Apartment [INSERT LEGAL] 92110910.v2 124 PROMISSORY NOTE VAIL HOME PARTNERS CORPORATION LOAN Principal amount: $[_____] [_____], 2025 VAIL HOME PARTNERS CORPORATION, a Colorado nonprofit corporation (“Borrower”), unconditionally promises to pay to the order of THE TOWN OF VAIL, COLORADO, a Colorado Home Rule municipal corporation (“Payee”), the principal sum of $[_____], or so much as Payee has advanced under this Note, together with interest at the annual rate of 0.00% interest. All unpaid principal shall remain outstanding until fully paid and discharged. Notwithstanding anything in this Note to the contrary, payments of principal are not required under this Note except to the extent of available cash flow (as described in Section 5.01 of the Mortgage and Indenture of Trust of Borrower and U.S. Bank Trust Company, National Association, as Trustee (“Indenture”), authorizing the issuance of the Borrower’s Housing Facilities Revenue Bonds, Series 2025 (the “Senior Bonds”). This Note is junior and subordinate at all times to the Senior Bonds. The Borrower may refinance, sell, or modify the Senior Bonds without the consent of the Payee or any subsequent holder of this Note. Borrower shall make all payments of principal on this Note to Payee at its offices at of the Payee, 75 S. Frontage Road Road West, Vail, Colorado , or at another place as Payee may designate to Borrower in writing. Borrower may prepay this Note, either in whole or in part, at any time without premium or penalty and without the prior consent of the Payee. If Borrower fails to pay any amount due u nder this Note, and Payee takes any action to collect the amount due, or if Payee brings any suit or proceeding for the recovery or for protection of the indebtedness, then Borrower shall pay on demand all reasonable costs and expenses of the suit or proceeding and any appeal including, but not limited to, the fees and disbursements of Payee’s attorneys and their staff. Borrower hereby waives presentment, notice of dishonor, and protest. Borrower hereby assents to any extension of time with respect to any payment due under this Note, to any substitution or release of collateral, and to the addition or release of any party. No waiver of any payment or other right operates as a waiver of any other payment or right. If any provision in this Note is held invalid, illegal, or unenforceable, all other provisions of this Note remain fully enforceable. No delay or failure of the holder of this Note in the exercise of any right or remedy is to be deemed a waiver of such right, and no exercise of any right or remedy is to be deemed a waiver of any other right or remedy that the holder may have. 125 This Note is a nonrecourse obligation of Borrower. The parties shall give all notices related to this Note in writing, by hand delivery, overnight courier, or by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Borrower: Vail Home Partners Corporation 75 South Frontage Road West Vail, Colorado 81657 Attention: Assistant Town Manager/President of the Borrower With a copy to: Winthrop & Weinstine, P.A. 225 South 6th Street, Suite 3500 Minneapolis, Minnesota 55402 Attn.: Jon L. Peterson, Esq. Payee: The Town of Vail, Colorado 75 South Frontage Road West Vail, Colorado 81657 Attention: Assistant Town Manager Notices will be deemed effective when hand delivered, or one day after timely delivery to an overnight courier for next day delivery to Borrower (as evidenced by a receipt from the overnight courier), or three days after notice is deposited with the U.S. Postal Service. Borrower and all signers or endorsers hereby consent to venue and jurisdiction in the District Court of Eagle County, Colorado and to service of process as permitted under Colorado law in any action to enforce this Note. The indebtedness evidenced by this Note loan (“Subordinate Loan”), this Note, the the Loan Agreement, and all documents securing or evidencing this Subordinate Loan are and shall be subject and subordinate to the right of payment in full of the Bonds. Payee will not assign this Note or any interest in it without consent of Borrower. The laws of the State of Colorado govern this Note without regard to principles of conflicts of laws. 126 Promissory Note Signature Page The Borrower has executed this Promissory Note as of the day and year first written above. BORROWER VAIL HOME PARTNERS CORPORATION By: Name: Kathleen Halloran Title: President 92112361.v3 127 ARTICLES OF INCORPORATION OF VAIL HOME PARTNERS CORPORATION The undersigned adult natural person, acting as incorporator, hereby establishes a nonprofit corporation pursuant to the laws of the State of Colorado governing nonprofit corporations and adopts the following articles of incorporation: FIRST: Name. The name of the corporation is Vail Home Partners Corporation. SECOND: Principal Office. The address of the initial principal office of the corporation shall be 75 South Frontage Road West, Vail, Colorado 81657, and may be changed as deemed appropriate by the Board of Directors of the corporation. THIRD: Duration. The corporation shall have perpetual existence. FOURTH: Purposes. (a) The corporation is organized and shall be operated exclusively on behalf of and for the benefit and in furtherance of the purposes of the Town of Vail, Colorado, and the inhabitants thereof. All moneys realized by the corporation shall be used exclusively for the acquisition, operation, maintenance and development of property used to provide decent, safe and sanitary housing at affordable rental rates to individuals or families of employees within the Town or within Eagle County, including payment of obligations of the corporation in connection therewith. Any such property shall be located within the Town of Vail, Colorado , or have a substantial connection therewith. (b) The corporation is an independent nonprofit corporation that (i) is separate and distinct from the Town, (ii) is not a district in its own right or part of a district for purposes of Article X, Section 20 of the Colorado Constitution (“TABOR”) and (iii) is a government owned business, authorized to issue its own revenue bonds that does not receive 10% or more of its annual revenue in grants from the State of Colorado or Colorado local governments and, accordingly, is an enterprise within the meaning of subsection (2)(d) of TABOR. (c) For purposes of federal income tax law, it is intended that the corporation will be an instrumentality of the Town, that the activities of the corporation will lessen the burden of government of the Town, that the income of the corporation will be excluded from gross income and that interest on the revenue bonds and other obligations of the corporation will (unless provided otherwise in the documents governing the issuance thereof) be excluded from gross income. 128 FIFTH: Powers. In furtherance of the foregoing purposes and objectives and subject to the restrictions set forth in Article SIXTH, the corporation shall have and may exercise all of the powers now or hereafter conferred upon nonprofit corporations organized under the laws of Colorado and may do everything necessary or convenient for the accomplishment of any of the corporate purposes, either alone or in connection with other organizations, entities or individuals, and either as principal or agent, subject to such limitations as are or may be prescribed by law. SIXTH: Restrictions on Powers. (1) No dividend shall be paid by the corporation and no part of the income or profit of the corporation shall be distributed to its directors or officers. Notwithstanding the foregoing, the corporation may pay compensation in a reasonable amount to its directors or officers for services rendered. No substantial part of the activities of the corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. (2) The corporation at all times shall be one not organized for profit. SEVENTH: Registered Office and Agent. The address of the initial registered office of the corporation is 75 South Frontage Road West, Vail, Colorado 81657. The name of its initial registered agent at such office is Russell Forrest. The consent of the initial registered agent to such appointment is being filed with the Secretary of State in connection with these articles of incorporation. Members. The corporation shall have no members, voting or nonvoting. FIFTH: Capital Stock. The corporation shall have no capital stock. SIXTH: (a) Board of Directors. The management of the affairs of the corporation shall be vested in a Board of Directors, except as otherwise provided in the laws of the State of Colorado governing nonprofit corporations, these articles of incorporation or the bylaws of the corporation. The number of directors, their classifications, if any, their terms of office and the manner of their election or appointment shall be determined according to the bylaws of the corporation from time to time in force. (b) Liability of Directors. The personal liability of a director to the corporation for monetary damages for any breach of fiduciary duty as a director is limited to the fullest extent permitted by the laws of the State of Colorado, as the same exist or may hereafter be amended, and as further provided in the bylaws of the corporation. Any repeal or modification of this Article TENTH (b) shall be prospective only and shall not adversely affect any right or protection of a director of the corporation under this Article TENTH (b), as in effect immediately prior to such repeal or modification, with respect to any liability that would have accrued, but for this Article TENTH (b), prior to such repeal or modification. 129 (c) Initial Board. Five directors shall constitute the initial Board of Directors. Their names are as follows: Name Kathleen Halloran (Town of Vail Deputy Town Manager) Jason Dietz (Town of Vail Housing Director) Carlie Smith (Town of Vail Finance Director) Greg Hall (Town of Vail Public Works Director) Christine Santucci (Vail Local Housing Authority member) TWELFTH: Officers. The corporation shall have such officers as from time to time may be prescribed by the bylaws. Their terms of office and manner of designation or selection shall be determined in accordance with the bylaws then in effect. THIRTEENTH: Bylaws. The initial bylaws of the corporation shall be as adopted by the Board of Directors. The Board of Directors shall have power to alter, amend or repeal the bylaws from time to time in force and adopt new bylaws. The bylaws of the corporation may contain any provisions for the regulation of management of the affairs of the corporation that are not inconsistent with the law or these articles of incorporation, as these articles may from time to time be amended. However, no bylaw at any time in effect, and no amendment to these articles, shall have the effect of proprietary interest in the corporation's property or assets, whether during the term of the corporation's existence or as an incident to its dissolution. FOURTEENTH: Changes in Articles of Incorporation- The Board shall have the right from time to time on the vote of a majority of the directors in office, and not otherwise, to dissolve the Corporation or to amend, alter, change, or repeal any provision contained in these Articles of Incorporation in the manner now or subsequently prescribed by statute except that no such amendment, alteration, change, or repeal shall be made which shall: (a) Permit the use, application, or disbursement of any of the principal or income of the corporate property for any purpose other than those expressly provided for in these articles of incorporation, or other than exclusively for charitable or educational purposes. (b) Permit the principal or income of any bequest, devise, grant, gift, or contribution to the corporation to be used contrary to the conditions, limitations, or restrictions contained in any such bequest, devise, grant, gift, or contribution. FIFTEENTH: Indemnification of Directors, Officers, Employees and Agents. The corporation shall indemnify its directors, officers, employees and agents to the fullest extent allowed by law, except that such indemnification shall not be available for: (a) Any breach of such person’s duty of loyalty to the corporation; 130 (b) Acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (c) A transaction from which such person directly or indirectly received an improper personal benefit, whether or not the benefit resulted from an action taken within the scope of such person’s position with the corporation; or (d) An act or omission for which the liability of a person in such a position is expressly provided for by Colorado statute. SIXTEENTH: Dissolution. All property of the corporation shall be owned for the benefit of the Town of Vail, Colorado. Upon dissolution of the corporation, all property of the corporation remaining after payment of or provision for all of its liabilities shall be paid over or transferred to the Town of Vail, Colorado. This limitation shall not restrict the ability of the corporation to pledge its property to secure the payment of its obligations. SEVENTEENTH: Incorporator. The name and address of the incorporator is Russell Forrest Town of Vail, 75 South Frontage Road West, Vail, Colorado 81657. EIGHTEENTH: Filing Agent. The name and address of the individual who causes these articles of incorporation to be filed and to whom the Colorado Secretary of State may deliver notice if filing of this document is refused is Russell Forrest, Town of Vail, 75 South Frontage Road West, Vail, Colorado 81657. Causing a document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed or the act and deed of the entity on whose behalf the individual is causing the document to be delivered for filing and that the facts stated in the document are true. Dated: Russell Forrest, Incorporator 131 CONSENT OF REGISTERED AGENT The undersigned hereby consents to his appointment as initial registered agent for Vail Home Partners Corporation. Dated: Russell Forrest, Registered Agent ACKNOWLEDGMENT STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Acknowledged before me this ___ day of _______, 2025 by ________________, as incorporator and registered agent. Witness my hand and official seal. My commission expires (SEAL) __________________________________ Notary Public 91674312.v4 132 AGENDA ITEM NO. 5.1 Item Cover Page DATE:February 4, 2025 SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:DRB/PEC Update AGENDA SECTION:DRB/PEC (3:45pm) SUBJECT:DRB/PEC Update (5 min.) SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: PEC Results 1-27-25 133 Planning and Environmental Commission Minutes Monday, January 27, 2025 1:00 PM Vail Town Council Chambers Present: David N Tucker William A Jensen Robert N Lipnick John Rediker Brad Hagedorn Robyn Smith Absent: Scott P McBride 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 3.1 A request for a review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side and rear setback, located at 4264 Columbine Way 12, Unit 12, Bighorn Terrace, and setting forth details in regard thereto (PEC24-0052). Planner: Jamie Leaman-Miller Applicant Name: James & Jacqueline Iberlin, represented by Alicia Davis Architect PC PEC24-0052 Staff Memo.pdf Attachment A. Vicinity Map.pdf PEC24-0052 Narrative & Documents.pdf PEC24-0052 Planset.pdf Timestamp: 00:00:28 Planner Leaman-Miller gives a presentation on the application. The presentation covers both halves of the duplex. The two applications are associated. One variance for one side and the other for the other half of the duplex. The first application is for east unit. The duplex is legal non-conforming as it was built in Eagle County jurisdiction and annexed into the town. The majority of the lots in the subdivision have received variances, including variances for setbacks. The lots are undersized for the MDMF zoning. Parking is also non-conforming as they have parking in the front setback, which is not permitted in this district. Leaman-Miller goes over the structure and the way the building does not comply with the setbacks. Rediker asks a clarifying question on a slide in the presentation. Leaman-Miller answers the question and proceeds with the presentation. Planning and Environmental Commission Meeting Minutes of January 27, 2025 1 134 Bob Essin, the owner clarifies that the shed is in place in the front and he wants to expand the front of the shed to align with the façade of the proposed addition on the east. Smith asks if this is rebuilding the deck in the same place or an expansion? Leaman- Miller says that it is existing and is going to be rebuilt in the same place. General maintenance can take place but rebuilding is what requires a variance. Continues with presentation. Hagedorn asks about the parking and that it is done from the rear, not from bighorn. From an alley. Leaman-Miller confirms. Goes over criteria for approval of a variance. Staff is recommending approval of the variance. Smith asks about neighbor permission. Leaman-Miller says both halves approve of each other’s variance request. Neighbors were notified per Town Code. Alicia Davis, representing the applicant, gives a presentation on the request. She refers to the uniqueness of the area. Talks about the proposed addition and other portions of the remodel. Rediker asks if the roof will be extended on west side? Davis confirms that the upper deck in the front will be removed and a roof added. Hagedorn asks how close they are to neighbors. Davis notes that the existing structure is approximately 4-5 feet from the neighbors. Leaman-Miller adds that the neighbor had a variance in the past to get close to that property line. Rediker asks if that is one of the 24 variances already approved. Leaman-Miller confirms. Rediker asks to see the plans in the presentation. It’s a nine-foot separation requested on the east side. Asks how close on the west side. Davis, approximately two feet. Rediker asks if the back property line setback is being increased. Davis, it will be added to, but the distance from the lot line will actually be greater than the existing distance. Discussion around the front setback and parking ensues. Smith asks a question around which setbacks are being requested for each application. Planner Leaman-Miller clarifies. Tucker asks about the short wall towards the front and east side. Davis notes it’s a couple feet closer, and couldn’t do more because of required landscaping standards. Rediker asks what the narrowest part of the setback on the west? Is it the same as existing? Davis said the closest part is probably a couple feet, but that is all existing and proposed to be the same Planning and Environmental Commission Meeting Minutes of January 27, 2025 2 135 as existing. Smith asks for clarification. Davis notes the storage is increasing but the footprint of the deck is remaining the same. Goes over the storage area, the new roof and the deck and how it all fits into the application. Jensen understands the roof and storage. What is the entry on the east? Davis says that is a new entry that is within the setback and not part of the variance. Smith asks about the replacement of the deck and if the building and fire code would supersede this variance. Planner Roy confirms they will also have to meet building and fire code. Davis understands that they will have to meet fire and building code. Tucker asks if they’ll need foundation for the storage and entry. Davis says they will have to do foundation for the additions. No further questions. Opens public comment. No attendees in the room and no hands were raised online. Public comment is closed. Rediker opens the floor for commissioner comments. Rediker notes that there were 24 variances in this neighborhood and speaks to the uniqueness of the neighborhood. Adjoining properties have developed close to the property lines and where the closest building is located to the west, there is no request to build closer to that building. Only to rebuild at existing setback. Plans are sensitive to the neighboring properties. Hagedorn believes this is meeting the required criteria for a variance. It is a unique circumstance and moving the retaining wall back will improve parking. Advises applicant to meet with the building official. Jensen notes the previous variances and how this solves issues for both halves of this duplex. Smith mentions how this is increasing a non-conformity and doesn’t seem to be in line with what has been done in the past. However, the uniqueness of the lot and the subdivision as it applies to MDMF means that the district rules doesn’t fit well. Believes it meets the criteria. Relief is the norm and not the exception in this area. Zoning standards should be provided for this area so they can develop into the future without needing a variance. Lipnick believes the review criteria are met. Agrees with commissioner Jensen on the need for variances for this neighborhood. Supports the application. Tucker believes this will fit well in the neighborhood. Appreciates the applicant’s presentation and how they got the building to fit into the architecture of the area. Robyn Smith made a motion to Approve with condition and findings on pages 10 and 11; Brad Hagedorn seconded the motion Passed (6 - 0). 3.2 A request for a review of a variance from Section 12-6G-6, Setbacks, Vail Town Code, Planning and Environmental Commission Meeting Minutes of January 27, 2025 3 136 pursuant to Chapter 12 -17, Variances, Vail Town Code, to rebuild a deck within the front, side, and rear setback, and for an addition within the side setback, located at 4264 Columbine Way 11, Unit 11, Bighorn Terrace, and setting forth details in regard thereto (PEC24-0055). Planner: Jamie Leaman-Miller Applicant Name: William Robert Essin, represented by Alicia Davis Architect PC PEC24-0055 Staff Memo.pdf Attachment A. Vicinity Map.pdf PEC24-0055 Narrative & Documents.pdf PEC24-0055 Planset.pdf Chairman Rediker opens the item. No further from the applicant or staff. Public comment opened. No attendance in the room. No attendance online. Public comment closed. Smith adds that this is being approved because it does not exacerbate a nonconforming condition. Robert N Lipnick made a motion to Approve with the condition and findings on pages 9 and 10; Robyn Smith seconded the motion Passed (6 - 0). 4. Approval of Minutes 4.1 PEC Results 1-13-25 PEC_Results_1-13-25.pdf Brad Hagedorn made a motion to Approve ; Robyn Smith seconded the motion Passed (6 - 0). 5. Information Update Planner Roy informs the PEC of a joint Town Council and PEC meeting scheduled for the Feb. 18th Town Council Meeting in the afternoon. The main topic for discussion is the PEC's recommendation process. Rediker asks members for other topics. Commissioner Smith wants to add SDD process reform and GRFA revisions, looking at amnesty program for illegal basements and redoing the calculation methods to not encourage mass excavation. Planner Roy also notifies that terms for PEC members Smith, Hagedorn, and McBride are coming up at the end of March. Applications for the positions will open up in a few weeks. 6. Adjournment Robyn Smith made a motion to Adjourn ; Brad Hagedorn seconded the motion Passed (6 - 0). Planning and Environmental Commission Meeting Minutes of January 27, 2025 4 137 AGENDA ITEM NO. 6.1 Item Cover Page DATE:February 4, 2025 SUBMITTED BY:Missy Johnson, Housing ITEM TYPE:Information Update AGENDA SECTION:Information Update (3:50pm) SUBJECT:January 14, 2025 VLHA Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2025-1-14 VLHA Minutes 138 Vail Local Housing Authority Minutes Tuesday, January 14, 2025 3:00 PM Vail Town Council Chambers and virtually by Zoom PRESENT ABSENT Steve Lindstrom Kristin Kenny Williams Craig Denton Dan Godec Christine Santucci STAFF Jason Dietz, Housing Director Martha Anderson, Senior Housing Coordinator Missy Johnson, Housing Coordinator 1. Call to Order (3:00pm) Call to order at 3:01 p.m. 2. Citizen Participation (5 min.) No comments. 3. Approval of Minutes (5 min.) 3.1 Approval of December 10, 2024 Minutes Presenter(s): Missy Johnson 2024-12-10 VLHA Minutes.pdf MOTION: Williams SECOND: Santucci PASSED: 5 - 0 Williams moved to exit regular session and move into executive session at 3:03 p.m. MOTION: Williams SECOND: Godec PASSED: 5 - 0 4. Executive Session (35 min.) Executive Session pursuant to: C.R.S. §24-6-402(4)(a) - to consider the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest, §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and instruct negotiators and on the topic of Timber Ridge Village Employee Housing Units Deed Restriction Credit Program. C.R.S. §24-6-402(4)(e), Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators relevant to Future Housing Projects. Kristin Kenny Williams made a motion to Approve Exited Executive Session and re- entered regular session at 4:16 p.m. 5. Any Action as a Result of Executive Session Williams directed staff to move forward as discussed during executive session. 139 MOTION: Williams SECOND: Denton PASSED: 5 - 0 6. Matters from the Chairman and Authority Members (5 min.) Dietz provided an update regarding the Short-Term Rental (STR) annual license fees based on the recent first reading at Town Council. The council agreed to adding an annual fee of $1,200 per bedroom, annually, and to change the registration from February to June. That fee would generate just over $8M applicable to housing and conversation ensued around the regulations and tracking of the program which is monitored through the finance department. The Authority supports passing of the changes presented in preparation for the second reading based on consensus. CDOT East Vail has not closed but it is scheduled to close at the end of the month. Lindstrom and Deitz provided an update regarding the LPC Grant. An executed agreement has been completed with Mauriello Planning Group (MPG) to streamline workforce housing applications in effort to tighten up the entitlement process. Additional initiatives involve updates to residential linkage, commercial linkage and inclusionary zoning, all in aiming to fulfill Prop 123 initiatives. Housing staff is seeking a new program for EHU compliance to better streamline the process for both staff and EHU owners. Lindstrom suggested investigating the use of EHU mitigation bank and how it is tracked by other communities, such as Aspen. A Development Specialists/Planner position within the Housing Department will be posted sometime soon. Wiliams provided an update regarding the VLHA website, Authority emails, and next steps. The Authority members have been reaching out to the County Commissioners. Lindstrom has been attending quarterly meetings with County and the County Commissioners also attend those meetings. The Authority could still provide a memo to Senator Dylan Roberts and the Authority has the opportunity to continue to be in front commissioners with the ways that resort communities vary from urban areas and the AMI structure is significantly different. The Authority agrees that any touch points or connections are valuable and worth continued communication. The Housing Needs Assessment study is getting dangerously close to completion which should help with the future application towards Prop 123 funding for mountain communities. 7. Adjournment 4:45 pm (estimate) 8. Next Meeting Date (January 28, 2025) 140 AGENDA ITEM NO. 6.2 Item Cover Page DATE:February 4, 2025 SUBMITTED BY:Jake Shipe ITEM TYPE:Information Update AGENDA SECTION:Information Update (3:50pm) SUBJECT:January 2025 Revenue Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 250204 Revenue Update 141 1 TOWN OF VAIL REVENUE UPDATE February 4, 2025 4.0% General Sales Tax Upon receipt of all sales tax returns, December 2024 collections are estimated to be $5,773,478, up 1.4% from 2023 and up 10.4% from the budget. 2024 YTD collections of $42,141,470 are up 0.6% from 2023 and up 3.2% from the budget. Inflation as measured by the consumer price index was up 2.9% for the 12-months ending December 2024. The annual budget totals $40.85 million. 0.5% Housing Fund Sales Tax Upon receipt of all sales tax returns, December 2024 collections of the 0.5% housing sales tax are estimated to be $694,562, up 1% from 2023 and up 9.6% from the budget. 2024 YTD collections of $5,103,142 are up 0.5% from 2023 and up 3.1% from the budget. The annual budget for the housing fund sales tax totals $4.95 million. Real Estate Transfer Tax (RETT) RETT collections through December 31 total $9,350,560, up 17% from 2023. The number of property sales (excluding time-shares) is tracking up 5.7% from 2023, while the average collection is tracking up 10.2%. Several high-dollar residential property sales during 2024 increased the town’s average RETT collection. The amended budget for RETT collections totals $8,212,318. Construction Use Tax Use Tax collections through December 31 total $3,074,696 compared to $2,532,881 in 2023. The amended budget totals $3,118,670. Lift Tax Year to date lift tax collections through December 31 total $6,745,551, up 3.2% or $209,117 from 2023. The amended budget totals $7,014,135. Daily Parking Sales Daily sales from the parking structures from November through January 26th total approximately $2,819,996, down (2.5)% from time last year. This amount includes daily fees charged to the parking pass holders. Parking Pass Sales Parking pass sale revenue through January 26th for the 2024/2025 winter season totals $1,227,894, up 7.5% or $85,438 from this time last year. In order to provide a better customer service experience while staff explored a new pass sales system, the annual fees for the Eagle County Local and Vail Local passes and were automatically renewed for the 2023/2024 winter season. A total of 4,354 passes have been sold this season compared to the 4,168 passes purchased and utilized to date during the prior winter season. Had the town not waived fees for local and passes, pass sales would be up $28,500 or 0.2% from the prior year. 142 2 *2023/24 Season figures represent November 2023 through January 2024. Summary Across all funds and excluding one-time grants and reimbursements, year-to-date total revenue of $100.0 million is up 2.9% from the proposed amended budget and up 7.2% from prior year. The majority of the positive variance compared to the prior year is due to increased property tax collections, real estate transfer tax collections, interest earnings, construction use tax collections, and ski lift tax collections. Pass Type 2024/25 Season Sales 2023/24 Season Sales* 2023/24 Auto- Renewed Passes Utilized* Total 2023/24 Pass Sales/Utilized* Change from prior season Premier 20 25 - 25 (5) Vail Village Business Premier 69 60 - 60 9 Lionshead Business Premier 7 3 - 3 4 Employee 481 418 - 418 63 Employee Plus 329 351 - 351 (22) Eagle County Local* 1,833 373 1,288 1,661 172 Vail Local* 1,615 336 1,314 1,650 (35) Total 4,354 1,566 2,602 4,168 186 143 2024 Budget % change % change 2019 2020 2021 Budget Variance from 2023 from Budget January 4,079,994$ 4,076,145$ 3,422,209$ 5,217,125$ 5,911,572$ 5,787,370$ 5,805,176$ 17,806$ -1.80%0.31% February 4,137,087 4,285,633 3,691,850 5,686,585 6,041,108 5,914,315 6,079,487 165,172 0.64%2.79% March 4,237,933 2,243,518 4,364,797 5,912,059 6,055,992 6,035,677 6,412,513 376,836 5.89%6.24% April 1,445,071 427,518 1,751,528 2,234,296 2,264,892 2,258,798 1,842,871 (415,927) -18.63%-18.41% May 763,756 503,828 1,061,516 1,227,974 1,118,011 1,111,919 1,176,599 64,680 5.24%5.82% June 1,606,748 1,023,517 2,149,312 2,317,931 2,272,457 2,265,104 2,356,739 91,635 3.71%4.05% July 2,480,292 2,084,644 3,491,668 3,507,973 3,412,277 3,399,024 3,643,148 244,124 6.77%7.18% August 2,237,050 2,138,838 2,877,550 2,997,389 2,932,111 2,920,600 3,051,775 131,175 4.08%4.49% September 1,600,100 1,767,393 2,359,528 2,441,331 2,508,064 2,495,143 2,411,391 (83,752) -3.85%-3.36% October 1,165,176 1,371,727 1,734,964 1,729,558 1,773,358 1,652,467 1,747,536 95,069 -1.46%5.75% November 1,260,314 1,425,461 1,880,397 1,902,643 1,901,141 1,779,167 1,840,755 61,588 -3.18%3.46% December 4,237,178 3,625,189 5,749,365 5,602,018 5,691,428 5,230,416 5,773,478 543,062 1.44%10.38% Total 29,250,698$ 24,973,411$ 34,534,683$ 40,776,882$ 41,882,411$ 40,850,000$ 42,141,470$ 1,291,470$ 0.62%3.16% 2022 2023 2024 Budget % change % change Collections Collections Budget Variance from 2023 from Budget January 645,487$ 720,906$ 700,920$ 705,164$ 4,244$ -2.18%0.61% February 702,730 736,788 716,760 741,547 24,787 0.65%3.46% March 719,717 738,244 731,610 783,121 51,511 6.08%7.04% April 269,018 271,930 273,735 222,029 (51,706) -18.35%-18.89% May 146,657 132,333 134,640 139,789 5,149 5.63%3.82% June 280,460 275,113 274,230 284,482 10,252 3.41%3.74% July 424,602 412,849 411,840 439,137 27,297 6.37%6.63% August 361,165 352,887 353,925 369,158 15,233 4.61%4.30% September 294,861 304,068 302,445 292,349 (10,096) -3.85%-3.34% October 207,397 213,568 200,475 209,628 9,153 -1.84%4.57% November 230,383 229,092 215,820 222,177 6,357 -3.02%2.95% December 671,982 687,985 633,600 694,562 60,962 0.96%9.62% Total 4,954,459$ 5,075,763$ 4,950,000$ 5,103,142$ 153,142$ 0.54%3.09% 0.5% Collected Sales Tax 0.5% HOUSING SALES TAX 2024 Budget Comparison Actual 4.0% Collections 4.0% Collected Sales Tax20222023 Town of Vail Revenue Update February 4, 2025 4.0% GENERAL SALES TAX2024 Budget Comparison 144 Town of Vail Revenue Update YTD 4% General Sales Tax Collections By Year February 4, 2025 Through December 31 December 4% General Sales Tax Collections By Year Through December 31 •December collections of $5,773,478 are up 1.4% from prior year and are up 10.4% from the $3,625,189 $5,749,365 $5,602,018 $5,691,428 $5,773,478 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 2020 2021 2022 2023 2024 $24,973,411 $34,534,683 $40,776,882 $41,882,411 $42,141,470 $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 2020 2021 2022 2023 2024 •YTD collections of $42,141,470 are up 0.6% from prior year and are up 3.2% from the budget. •Inflation as measured by the consumer price index was up 2.9% for the 12-months ending December 2024. 145 Town of Vail Revenue Update February 4, 2025 December 0.5% Housing Fund Sales Tax Collections By Year Real Estate Transfer Tax by Year YTD Through December 2024 December Collections YTD Collections •This chart shows YTD collections of 1% RETT, segmented by real property values. 2024 collections are up 17% from the prior year. $10,448,525 $13,371,555 $9,603,456 $7,994,852 $9,350,560 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 2020 2021 2022 2023 2024 Sales Less Than $2.5 Million Sales $2.5 to $5 Million Sales $5 to $10 Million Sales Over $10 Million •December collections of $694,562 are up 1.0% from prior year and are up 9.6% from the budget. YTD collections of $5,103,142 are up 0.5% from this time last year and are up 3.1% from the budget. $671,982 $687,985 $694,562 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2022 2023 2024 $4,954,459 $5,075,763 $5,103,142 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 2022 2023 2024 146 Town of Vail Revenue Update February 4, 2025 Construction Use Tax by Year YTD Through December 2024 YTD Lift Tax Collections YTD Through December 2024 •Use Tax collections through December 31 total $3,074,696, compared to $2,532,881 from this time last year. This is an increase of 21.4%. $2,078,577 $3,682,745 $2,189,830 $2,532,881 $3,074,696 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 2020 2021 2022 2023 2024 •2024 YTD lift tax collections of $6,745,551 are up 3.2% or $209,117 from the same time last year. $4,095,812 $5,518,890 $6,473,618 $6,536,433 $6,745,551 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 2020 2021 2022 2023 2024 147 Vail Business Review December 2024 February 4, 2025 The Vail Business Review breaks down the 4.5% sales tax collected for the month of December and the year. The 4.5% sales tax includes the town’s general 4% sales tax and the 0.5% housing sales tax supported by Town of Vail voters during the November 2021 election, effective January 1, 2022. The housing sales tax sunsets on December 31, 2051. December 4.5% sales tax was up 0.4% from the prior year. Retail decreased (1.2)%, lodging increased 2.3%, food and beverage increased 1.6%, and utilities/other decreased (7.8)%. Excluding the out-of-town category, sales tax for the month of December was down (0.7)% compared to prior year. The year’s 4.5% sales tax was up 0.6% from the prior year. Retail decreased (1.0)%, lodging increased 1.8%, food and beverage increased 3.3%, and utilities/other decreased (7.3)%. Excluding the out-of-town category, sales tax for the year was up 1.4% compared to prior year. Town of Vail sales tax forms, the Vail Business Review, and sales tax worksheets are available on the internet at vail.gov. You may email me to request to have the Vail Business Review and the sales tax worksheet emailed to you automatically. Please remember when reading the Vail Business Review that it is produced from sales tax collections as opposed to actual gross sales. If you have any questions or comments, please feel free to call me at (970) 479-2125 or Carlie Smith, Finance Director, at (970) 479-2119. Sincerely, Lauren Noll Revenue Manager 148 Town of Vail Business Review December Sales Tax Collections by Year December 2024 Sales Tax December 2023 Sales Tax Collections by Business Type December 2024 Retail 2,334,631 Lodging 2,653,472 Food & Beverage 1,196,196 Utilities & Other 283,691 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 U$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,000$900,000U$0$100,000$200,000$300,000$400,000$500,000$600,000$700,000 3,677,570 5,850,891 6,391,345 6,443,056 6,467,990 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 2020 2021 2022 2023 2024 General Sales Tax Housing Sales Tax • December 2024 retail sales decreased (1.2)%, lodging increased 2.3%, food and beverage increased 1.6%, and utilities and other decreased (7.8)%. • The figures above reflect 4.5% sales tax. Retail 2,363,130 Lodging 2,594,683 Food & Beverage 1,177,510 Utilities & Other 307,732 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 (1.2)% • This report represents collections of Town of Vail sales tax, as opposed to actual gross sales. • On January 1st, 2022, Town of Vail sales tax increased from 4.0% to 4.5% on all items except food for home consumption. 2022, 2023, and 2024 above include the 0.5% increase to sales tax, depicted in light blue. Prior years show 4.0% sales tax collections. • Total December 2023 collections were $6,443,056; December 2024 collections were $6,467,990, up 0.4% from the prior year. 2.3%1.6%(7.8)% 149 Town of Vail Business Review December 2023December 2024 Geographic Area Trends by Year December Sales Tax Sales Tax by Location December 2024 Sales Tax Other Areas 14% Lionshead 16% Out of Town 24% Vail Village 46% • Vail Village sales tax decreased (1.1)%, Lionshead decreased (1.0)%, Other Areas increased 0.7%, and Out of Town increased 3.9%. Excluding Out of Town collections, all areas were down (0.7)%. • The figures above reflect 4.5% sales tax. 582,344 822,054 606,808 1,039,135 955,044 1,501,616 1,533,374 2,488,086 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 2020 2021 2022 2023 2024 Vail Village Out of Town Lionshead Other Areas 1,083,351 864,589 • This chart shows December sales tax collections by geographic area over time. • 2022, 2023, and 2024 include the 0.5% increase for housing sales tax, depicted in lighter shades. General 4.0% sales tax collections are shown in darker shades. 906,013 1,049,515 1,556,846 2,930,681 2,898,559 1,039,373 1,618,099 911,960 Other Areas 14% Lionshead 16% Out of Town 25% Vail Village 45% 2,805,529 1,637,876 150 Accommodation Services Sales Tax by Year Retail Business 4.5% Sales Tax Detail December 2024 Sales Tax Town of Vail Business Review Apparel $495,088 Grocery $332,376 Gallery $6,867 Gifts $15,513 Jewelry $97,522Retail Liquor $83,168 Retail Other $522,622 Sporting Goods $626,461 Online Retailers $154,808 Retail Home Occupation $206 • December 2024 accommodations services increased 2.3% from the prior year. Short-term rentals increased 3.6% and hotels and lodges increased 1.8%. • The figures above reflect 4.5% sales tax. • Short-term rental sales tax collection numbers include online marketplace facilitators like Airbnb and VRBO. Revenue collections from facilitators may include some hotels and lodges. 1,810,732 705,074 1,870,052 724,631 1,903,047 750,426 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 Hotel and Lodges Short-Term Rentals 2024 2023 2022 151 Cascade Village / East Vail / Sandstone / West Vail Retail 346,279                                                  364,347                                                   ‐4.96% Lodging 449,981                                                  431,836                                                  4.20% F & B 108,967                                                  100,483                                                  8.44% Other 6,733                                                      9,346                                                       ‐27.96% Total 911,960                                                  906,013                                                  0.66% Lionshead Retail 305,148                                                  325,426                                                   ‐6.23% Lodging 532,852                                                  519,835                                                  2.50% F & B 197,206                                                  197,531                                                   ‐0.16% Other 4,166                                                      6,723                                                       ‐38.04% Total 1,039,373                                              1,049,515                                               ‐0.97% Out of Town Retail 598,701                                                  548,348                                                  9.18% Lodging 779,559                                                  748,517                                                  4.15% F & B 1,263                                                      2,425                                                       ‐47.89% Other 238,576                                                  257,556                                                   ‐7.37% Total 1,618,099                                              1,556,846                                              3.93% Vail Village Retail 1,084,502                                              1,125,008                                               ‐3.60% Lodging 891,080                                                  894,494                                                   ‐0.38% F & B 888,759                                                  877,071                                                  1.33% Other 34,217                                                    34,107                                                    0.32% Total 2,898,559                                              2,930,681                                               ‐1.10% Total ‐ All Areas Retail 2,334,631                                              2,363,130                                               ‐1.21% Lodging 2,653,472                                              2,594,683                                              2.27% F & B 1,196,196                                              1,177,510                                              1.59% Other 283,691                                                  307,732                                                   ‐7.81% Total 6,467,990                                              6,443,056                                              0.39% Retail Summary Retail Apparel 495,088                                                  519,393                                                   ‐4.68% Retail Food 332,376                                                  325,112                                                  2.23% Retail Gallery 6,867                                                      9,918                                                       ‐30.76% Retail Gift 15,513                                                    11,488                                                    35.03% Retail Home Occupation 206                                                         160                                                         29.10% Retail Jewelry 97,522                                                    133,993                                                   ‐27.22% Retail Liquor 83,168                                                    91,555                                                     ‐9.16% Retail Other 522,622                                                  435,005                                                  20.14% Retail Sport 626,461                                                  685,927                                                   ‐8.67% Retail Online Retailer 154,808                                                  150,578                                                  2.81% Total 2,334,631                                              2,363,130                                               ‐1.21% Town of Vail Business Review December 4.5% Sales Tax 2024 Collections   2023 Collections YoY % Change 152 Town of Vail Business Review Sales Tax Collections by Year 2024 Sales Tax 2023 Sales Tax Collections by Business Type 2024 Retail 16,183,308 Lodging 17,887,629 Food & Beverage 10,412,470 Utilities & Other 2,761,389 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 $0$100,000$200,000$300,000$400,000$500,000$600,000$700,000 25,019,974 34,651,544 45,846,448 46,978,912 47,244,795 $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 2020 2021 2022 2023 2024 General Sales Tax Housing Sales Tax • 2024 retail sales decreased (1.0)%, lodging increased 1.8%, food and beverage increased 3.3%, and utilities and other decreased (7.3)%. • The figures above reflect 4.5% sales tax. Retail 16,339,488 Lodging 17,580,090 Food & Beverage 10,081,788 Utilities & Other 2,977,547 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 (1.0)% • This report represents collections of Town of Vail sales tax, as opposed to actual gross sales. • On January 1st, 2022, Town of Vail sales tax increased from 4.0% to 4.5% on all items except food for home consumption. 2022, 2023, and 2024 above include the 0.5% increase to sales tax, depicted in light blue. Prior years show 4.0% sales tax collections. • Total 2023 collections were $46,978,912; total 2024 collections were $47,244,795, up 0.6% from the prior year. 1.8% 3.3% (7.3)% 153 Town of Vail Business Review 20232024 Geographic Area Trends by Year Annual Sales Tax Sales Tax by Location 2024 Sales Tax Other Areas 14% Lionshead 16% Out of Town 27% Vail Village 43% • Vail Village sales tax decreased (0.2)%, Lionshead increased 3.0%, Other Areas increased 4.7%, and Out of Town decreased (1.8)%. Excluding Out of Town collections, all areas were up 1.4%. • The figures above reflect 4.5% sales tax. 4,184,477 5,017,899 4,472,456 5,202,521 5,056,639 9,688,762 11,306,402 14,742,362 $0 $4,000,000 $8,000,000 $12,000,000 $16,000,000 $20,000,000 2020 2021 2022 2023 2024 Vail Village Out of Town Lionshead Other Areas 19,762,671 12,155,982 7,247,051 6,680,744 • This chart shows annual sales tax collections by geographic area over time. • 2022, 2023, and 2024 include the 0.5% increase for housing sales tax, depicted in lighter shades. General 4.0% sales tax collections are shown in darker shades. 6,649,147 7,447,658 12,449,109 20,432,998 20,385,375 7,668,442 12,229,938 6,961,040 Other Areas 15% Lionshead 16% Out of Town 26% Vail Village 43% 154 Retail Business 4.5% Sales Tax Detail 2024 Sales Tax Town of Vail Business Review Accommodation Services Sales Tax by Year Apparel $3,392,520 Grocery $2,430,597 Gallery $153,880 Gifts $76,964 Jewelry $558,234Retail Liquor $658,781 Retail Other $4,306,892 Sporting Goods $3,364,387 Online Retailers $1,237,578 Retail Home Occupation $3,474 • 2024 accommodations services increased 1.8% from the prior year. Short-term rentals decreased (0.8)% and hotels and lodges increased 2.9%. • The figures above reflect 4.5% sales tax. • Short-term rental sales tax collection numbers include online marketplace facilitators like Airbnb and VRBO. Revenue collections from facilitators may include some hotels and lodges. 12,151,200 5,241,093 12,121,664 5,458,426 12,474,752 5,412,877 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 Hotel and Lodges Short-Term Rentals 2024 2023 2022 155 Cascade Village / East Vail / Sandstone / West Vail Retail 2,522,435                                              2,514,127                                              0.33% Lodging 3,069,521                                              2,929,455                                              4.78% F & B 1,289,239                                              1,089,494                                              18.33% Other 79,846                                                    116,071                                                   ‐31.21% Total 6,961,040                                              6,649,147                                              4.69% Lionshead Retail 1,803,641                                              1,837,352                                               ‐1.83% Lodging 3,759,522                                              3,609,377                                              4.16% F & B 1,961,917                                              1,856,319                                              5.69% Other 143,362                                                  144,610                                                   ‐0.86% Total 7,668,442                                              7,447,658                                              2.96% Out of Town Retail 4,985,372                                              5,033,654                                               ‐0.96% Lodging 4,926,856                                              4,891,400                                              0.72% F & B 21,058                                                    25,930                                                     ‐18.79% Other 2,296,651                                              2,498,126                                               ‐8.07% Total 12,229,938                                            12,449,109                                             ‐1.76% Vail Village Retail 6,871,860                                              6,954,355                                               ‐1.19% Lodging 6,131,730                                              6,149,858                                               ‐0.29% F & B 7,140,256                                              7,110,046                                              0.42% Other 241,529                                                  218,739                                                  10.42% Total 20,385,375                                            20,432,998                                             ‐0.23% Total ‐ All Areas Retail 16,183,308                                            16,339,488                                             ‐0.96% Lodging 17,887,629                                            17,580,090                                            1.75% F & B 10,412,470                                            10,081,788                                            3.28% Other 2,761,389                                              2,977,547                                               ‐7.26% Total 47,244,795                                            46,978,912                                            0.57% Retail Summary Retail Apparel 3,392,520                                              3,375,668                                              0.50% Retail Food 2,430,597                                              2,322,781                                              4.64% Retail Gallery 153,880                                                  235,691                                                   ‐34.71% Retail Gift 76,964                                                    77,604                                                     ‐0.82% Retail Home Occupation 3,474                                                      2,743                                                      26.64% Retail Jewelry 558,234                                                  698,951                                                   ‐20.13% Retail Liquor 658,781                                                  692,743                                                   ‐4.90% Retail Other 4,306,892                                              4,395,697                                               ‐2.02% Retail Sport 3,364,387                                              3,480,305                                               ‐3.33% Retail Online Retailer 1,237,578                                              1,057,304                                              17.05% Total 16,183,308                                            16,339,488                                             ‐0.96% Town of Vail Business Review Annual 4.5% Sales Tax 2024 Collections   2023 Collections YoY % Change 156 AGENDA ITEM NO. 7.1 Item Cover Page DATE:February 4, 2025 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Matters from the Chairman and Authority Members AGENDA SECTION:Matters from Mayor, Council, Town Manager and Committee Reports (3:50pm) SUBJECT:Matters from Mayor, Council, and Committee Reports (15 min.) SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 157 AGENDA ITEM NO. 7.2 Item Cover Page DATE:February 4, 2025 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Matters from Mayor, Council, Town Manager and Committee Reports (3:50pm) SUBJECT:Town Manager Report (5 min.) SUGGESTED ACTION:Proposed Vail Social Date: September 9th VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: TM Update 020425 158 Town Managers Update February 4, 2025 1. Update on Costs and Contributions for Booth Heights A. Summary of Costs and Contributions The following table was prepared by the Finance Department on expenditures, contributions, potential contributions for Booth Heights: B. Update County Open Space Request The Town of Vail has requested a $5,000,000 contribution from the Eagle County Open Space Fund to place conservation easements on Booth Heights and two other town-owned properties in the Booth Falls neighborhood comprising roughly 150 total acres. The town-owned parcels are currently Designated Open Space the first located above the Public Works facilities is just over 93 acres and the second includes the cliffs and rock fall berm east of the Booth Falls neighbor hood and incudes roughly 30 acres. The County Open Space Committee has recommended unanimously to award the full $5,000,000 and County Staff has stated their support for the grant as the project scores highly for their habitat criteria . The County Manager shared that a delay in a decision occurred in January due to another large open space acquisition that had a short (less than 30 day) time frame to close on the purchase. The County has scheduled a final decision vote to award the funds by the Board of County Commissioners on February 18th. C. Update on Private Fund Raising The Vail Bighorn Initiative, endeavored to raise private funds to contribute toward the purchase of the former Booth Heights parcel, and helped the town facilitate a partnership with the Wild Sheep Foundation, who generously served as the non-profit fiscal agent for the town without condition. The WSF established a fund to collect donations and is holding the funds until the town requests the wire transfer, which is currently underway. Prior to the October 3, 2023 council meeting (where the Town Council approved the payment of $17.5 million for the acquisition of Booth Heights, the town entered into an agreement with Milhoan Creative and Social Impact Advisors, who ran a brief campaign funded entirely by private donations that included print and digital media and several events. 2. West Lionshead 2022 2023 2024 Total Reimbursement from doners (cash received by the Town) Net donations Collected by Wild Sheep Pledged to Booth Heights Town of Vail Legal Costs 181,322 763,925 61,339 1,006,585 VR Legal Costs 1,134,769 1,134,769 Fundraising 48,000 48,000 48,000 98,702 615,000 Acquisition 17,643,985 17,643,985 181,322 18,455,909 1,196,107 19,833,339 48,000 98,702 615,000 Total Expenditures Revenues and Pledges 159 Page 2 At the last Town Council meeting staff and East West Partners provided an update on the project and shared a high-level summary document that provided direction for the West Lionshead Master Planning project. Council asked that the partnership provide regular updates on progress with the Master Planning process. Staff subsequently, received feedback that Council may want to appoint 1 or 2 members to actively participate in the planning process with Town staff. Would Council like to have 1-2 members participate more actively in the planning process with Town staff, East West Partners, and Vail Resorts? 3. Other There may be other topics the Town Manager needs to share with the Town Council. 160 AGENDA ITEM NO. 7.3 Item Cover Page DATE:February 4, 2025 SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Matters from Mayor, Council, Town Manager and Committee Reports (3:50pm) SUBJECT:Council Matters and Status Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 250204 Matters.docx 161 COUNCIL MATTERS Status Report Report for February 4,2025 Comments from the January 21st Town Council meeting during “Matters”: Town Council commented on the recent peer resort visit to Whistler, BC and Vancouver, BC with many learnings and personal connections made with city officials. Town Council directed staff to draft a letter to our state representatives with support for much higher penalties for trucks without chains. Staff has drafted a letter and also learned of a bill proposed by Sen. Dylan Roberts, Senate Bill 69. Council complimented the Winterfest Ice Sculpture and opening event! Social Media Listening https://share.sproutsocial.com/view/2615d14d-a6d7-4581-95d1-4da6d705815e This has been an interesting time to monitor conversations about Vail. While our Listening report is set up to try to focus on our town, plenty of mentions of Vail Resorts make it through the filters and our further filtering, which is likely the cause of the relatively high negativity over the last two reporting periods. Discussion of I70, whether as a result of closures and semis or regular ski traffic, also featured prominently -this Reddit discussion really encapsulates much of I70 drivers' frustrations https://www.reddit.com/r/COsnow/comments/1icz1jz/each_resort_should_subsidize_mu ltiple_daily/. In spite of frigid temps in mid-January, the sentiment around the Vail experience was very positive. In the News______________________________________________________ Jan. 15 Vail Resorts and Community Engagement https://crestedbuttenews.com/2025/01/local-officials-fire-shot-across-vail-bow-over- engagement-with-community/ Jan. 21 162 Lot 10 Open House https://www.vaildaily.com/news/town-of-vail-to-host-wednesday-open-house-on-proposed- public-space-near-vail-health/ Jan. 22 STR Vote https://www.vaildaily.com/news/vail-town-council-delays-vote-short-term-rental-fees-increase/ Timber Ridge Update https://www.vaildaily.com/news/timber-ridge-village-home-sales-continue-as-vail-businesses- invest-in-employee-housing/ https://www.realvail.com/timber-ridge-village-home-sales-continue-with-focus-on-local- businesses-to-invest-in-their-employees/a21181/ VVMTA Year in Review https://www.vaildaily.com/news/vail-valley-mountain-trails-alliance-2024-recap/ Vail InDEED https://mauinow.com/2025/01/22/housing-bills-vie-for-state-lawmakers-attention/ Jan. 23 AIPP Night Owls https://www.vaildaily.com/news/free-mountain-top-music-celebrity-chef-dinners-bourbon- tastings-owls-vail/ Gore Creek Promenade - letter https://www.vaildaily.com/opinion/letter-protect-gore-creek-park-from-irreversible-changes/ Jan. 24 Suspect Arrested in Vail https://kdvr.com/news/local/florida-murder-suspect-arrested-near-vail-after-getting-stuck-in-i-70- traffic/ Jan. 29 Thank You During I-70 Closure - letter https://www.vaildaily.com/opinion/letter-a-brightness-given-by-educators-during-i-70-closure/ Suspect Arrested in Vail https://unofficialnetworks.com/2025/01/29/murder-suspect-srrestedaafter-getting-stuck-in-i-70- traffic-near-vail/ Upcoming Dates March 25 Annual Community Meeting; Donovan Pavilion September 9 Vail Social! 163