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HomeMy WebLinkAbout2025-10-07 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order 2.Public Participation (6:00pm) 2.1 Public Participation 3.Any action as a result of Executive Session 4.Consent Agenda (6:10pm) 4.1 September 2, 2025 TC Meeting Minutes 4.2 September 16, 2025 TC Meeting Minutes 4.3 Contract Award to Ritmo Studios LLC for an Artistic Granite Fire Feature at Gore Creek Promenade Authorize the Town Manage to enter into an agreement, in a form approved by the Town Attorney, with Ritmo Studios for the fabrication and installation of Resilient, an artistic granite fire feature in the Gore Creek Promenade, not to exceed $132,000.00. Background: The purpose of this agenda item is to request the Town Council award a contract for a hand-carved granite fire feature to be installed as a unique artistic element for the Gore Creek Promenade Renewal project. 4.4 Contract Award to Weston Landscape & Design Ceres Landcare for On-Call Snow Removal Services Authorize the Town Manager to enter into an agreement, in a VAIL TOWN COUNCIL MEETING Evening Session Agenda Vail Town Council Chambers and virtually by Zoom. Zoom meeting link: https://vail.zoom.us/webinar/register/WN_1s8zU3UyRY-UWYFxzUyltw 6:00 PM, October 7, 2025 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Public participation offers an opportunity for attendees to express opinions or ask questions regarding town services, policies or other matters of community concern that are not on the agenda. Please keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Public Participation.pdf 090225 TC Meeting Minutes.pdf 091625 TC Meeting Minutes.pdf Gore Creek Promenade Fire Feature TC Memo 10-7-25 - Contract Award.pdf 1 form approved by the Town Attorney, with Weston Landscape & Design Ceres Landcare for On-Call Snow Removal Services, in an amount, not to exceed $56,880.00. Background: The Town requires a service and the contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. 4.5 Purchase Order from Maglin Site Furniture for Picnic Tables in Vail and Lionshead Villages Authorize the Town Manager to complete the purchase of fifteen picnic table/bench sets from Maglin Site Furniture, in an amount not to exceed $63,535.00. Background: The purpose of this item is to request that the Town Council approve the purchase of fifteen (15) picnic tables for Vail and Lionshead Villages from Maglin Site Furniture to replace existing tables. 5.Action Items (6:10pm) 5.1 Contract Negotiation for Rockfall Mitigation (6:10pm)15 min. Staff recommends that the Council directs the Town Manager to negotiate and execute a contract with a qualified rockfall contractor to complete the rockfall mitigation with an amount not to exceed $250,000.00. Presenter(s): Tom Kassmel, Director of Public Works and Transportation Background: The Town is working to complete rockfall mitigation above the Timber Ridge project. 5.2 Resolution No. 45, Series of 2025, A Resolution of the Vail Town Council Adopting the Town of Vail Procurement Policy(6:25pm) 10 min. Approve, approve with amendments, or deny Resolution No. 45, Series of 2025. Presenter(s): Carlie Smith, Finance Director Background: The attached resolution adopts the town’s purchasing policy, which has been updated to reflect best practices. 5.3 Ordinance No. 19, Series of 2025, First Reading, An Ordinance Repealing and Reenacting Chapter 1 of Title 7 of the Vail Town Code, Adopting by Reference the Model Traffic Code for Colorado, 2024 Edition (6:35pm) 10 min. Approve, approve with amendments, or deny Ordinance No. 19, Series of 2025 upon first reading. Presenter(s): Commander Chris Botkins, Vail Police New GSA-2025 Snow Shoveling Weston Landscape & Design.docx Maglin Furniture Award - TC memo 10-7-25.pdf Council Memo 10-7-25 - Rockfall Mitigation.docx 251007 Purchasing Policy Resolution Memo.docx Resolution 45 Procurement Policy-R100225.docx 2 Department Background: The Town of Vail’s Model Traffic Code (MTC) is proposed for update from the 2020 edition to the newly released 2024 edition. 5.4 Ordinance No. 20, Series of 2025, First Reading, An Ordinance Amending Section 12-13-5 of the Vail Town Code Regarding the Employee Housing Unit Exchange Program (6:45pm) 15 min. Approve, approve with amendments, or deny Ordinance No. 20, Series of 2025 upon first reading. Presenter(s): Jason Dietz, Housing Director Background: Town Staff is proposing an amendment to Vail Town Code Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program. 6.Public Hearings (7:00pm) 6.1 Ordinance No. 17, Series of 2025, Second Reading, An Ordinance Authorizing the Sale of Certain Real Property Known as Pitkin Creek Park Condominium Unit 7N to Michael L. Grant and Deborah A. Grant for $450,000.00 (7:00pm) 5 min. Approve, approve with amendments, or deny Ordinance No. 17, Series of 2025 upon second reading. Presenter(s): Jason Dietz, Housing Director Background: The purpose of this item is to provide a summary of the background leading up f the proposed Ordinance No. 17, Series of 2025, authorizing the sale of certain real property owned by the Town of Vail. 6.2 Ordinance No. 18, Series of 2025, Second Reading, An Ordinance Repealing Chapter 3 of Title 2 of the Vail Town Code, Regarding the Process of Awarding of Public Improvement Construction Contracts (7:05pm) 5 min. Approve, approve with amendments, or deny Ordinance No. 18, Series of 2025 upon second reading. Presenter(s): Carlie Smith, Finance Director Background: The Town of Vail’s Procurement Policy Town Council Memo MTC_2024.docx MTC-O100225.docx Staff Memo Ord. 20 of 2025.pdf EHU Exchange Ordinance No 20 Series 2025.pdf PEC25-0030 Staff_Memo, 9-22-2025.pdf PEC Results 9-22-25.pdf 100725 Final Town Council EHU Exchange Housing Staff Report.docx Exhibit B - Version 2 Redline Amendment 12-13-5(D)(5) Town Code.pdf Exhibit C - Draft EHU Exchange Ordinance.docx 100725 Presentation - Enhancing EHU Exchange Opportunities.pptx Pitkin Creek Park Condominium Unit 7N Memorandum 09162025.pdf Ord No 17, 2025 Sale of Pitkin Unit 7N.docx Exhibit A.pdf 3 establishes a consistent framework for purchasing services, materials, and equipment while ensuring compliance with local, state, and federal laws. Its purpose is to secure the best value for taxpayers and promote open, fair competition among vendors, suppliers, and contractors in providing goods and services to the community and its guests. 7.Adjournment 7:10pm (estimate) Public Contract Bids-O091025.docx 250916 Purchasing Policy.docx 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. 4 AGENDA ITEM NO. 2.1 Item Cover Page DATE:October 7, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Public Participation (6:00pm) SUBJECT:Public Participation SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Public Participation.pdf 5 From:Colby Lefebvre To:PublicInputTownCouncil Subject:Stop The Rush to Ban Bottled Water Date:Wednesday, September 17, 2025 10:40:54 AM Dear Vail Town Council, As local small business owners, we strongly oppose a ban on bottled water in Vail. Small businesses in this community depend in part on beverage sales for their livelihoods, including grocery stores, gas stations, convenience stores and restaurants. A ban would place an unfair burden on small businesses like mine, which relies heavily on ski tourism and outdoor recreational activities, causing significant economic harm and jeopardizing good jobs for my employees. Many of us operate on razor-thin margins, and eliminating the ability to sell bottled water will directly impact our bottom line. A ban on bottled water would prompt many residents to take their business to other parts of Eagle County, hurting our local economy while failing to reduce plastic waste. There is also limited publicly available water or infrastructure for water access throughout Vail, which would need to be resolved quickly if this ban is implemented. Beyond the impacts to our economy, this ban would have serious impacts on emergency preparedness in Vail. Without stocking bottled water regularly, it would be far more difficult to access it during times of need. We support effective solutions to reduce plastic waste but believe banning 100% recyclable water bottles will not solve the problem of plastic pollution. Instead of a ban, the Town Council should work with local businesses and industry leaders on sustainable, practical solutions that improve collection and recycling of plastic. We urge you to listen and reject this proposal. You have an opportunity to consider alternatives that support both our local economy and are effective environmental solutions. Thank you, Sincerely, Colby Lefebvre 555 e lionshead cr Vail, CO 81657-5205 info@alpinepizzacompany.com 970-390-3679 6 From:Meyers, Zach To:Council Dist List Subject:Ballot Measure 2A Date:Friday, September 19, 2025 6:34:35 PM Attachments:image001.png image002.png Dear Town Council, I’m reaching out after a few months since you all last heard from me. First, I want to share my admiration for the work you’ve done on the in-town employee housing front. In particular, the work done toward driving the Residences at Main Vail project to completion is something the community should be grateful for. I’ve personally seen the benefit of leases there going to support the Vail business community as a whole and Manor Vail specifically. Manor Vail was a long-time beneficiary of a lease held at Timber Ridge and as that project got under way, we lost access to that important in-town housing which had supplemented the property’s on-site seasonal workforce housing needs for about a decade. Finding affordable in-town housing for our seasonal staff during the Timber Ridge renewal project proved next to impossible and our management team is grateful to Manor Vail’s Board of Directors and ownership group for their investment in a brand-new Timber Ridge three-bedroom unit that we expect to take ownership of in February to support future staffing needs for our property. It’s encouraging to see the Timber Ridge and West Middle Creek projects coming to life on my drives back and forth from West Vail to Golden Peak every day. Witnessing the magnitude of these important projects, it’s not lost on me that many millions of dollars are being poured into solving the in-town employee housing problem. I’m aware that the money to fund these projects needs to come from a variety of sources. Recognizing the lodging community’s part in the need for employee housing, I respectfully submit that the excise tax approach, while well-intentioned, could and should have been thought through more thoroughly. As written, it creates an unfair pricing advantage for the hotel properties in town, makes Vail less price competitive with other resorts, and generates just a fraction of the revenue needed to fund these and future housing projects. A simple increase to the hotel tax for all overnight guests would have solved for these problems and it’s honestly confusing and disappointing that voices, mine included, who offered to come to the table to be a part of the discussion were not included. As it’s written, this tax will have negative impacts on the team I’m a part of at Manor Vail while providing an unfair advantage to Vail hotels and their teams. In conversations I’ve had around town, I’m hearing there are/were concerns among council that the loud voices in the room demanding something be done about Short Term Rentals would force something worse than 2A if nothing was done. Word is those threats were the root of why council chose to single out just one segment of our lodging community vs. an equitable tax for the whole of lodging. If that’s the case, it’s sad to know those speaking loudest and first won an argument others didn’t get an opportunity to offer counter points to after offering to help. In watching the playback of the council meeting where lodging community members spoke out that unfortunately took place while I was out of town, I was swayed by Reid’s commercial/residential property tax point. However, digging deeper it’s clear this argument doesn’t stand up to the actual math on what is being contributed on a per square foot basis for residential units at condo properties vs. commercial hotel properties in town. It’s simply not true that the STR owners aren’t pulling their weight as it relates to property tax. See below for that information. I’m aware that the excise tax is on the ballot and it is too late to change that. It’s important that all Vail voters understand a 6% increase to guests who choose condotel product like what’s been provided to Vail lovers at Manor Vail for sixty years this coming November creates an unfair competitive disadvantage for our property and our rental program owners. All reports are for an uncertain travel environment in the coming winter with headwinds on international visitation and industry guidance that maintaining rate is going to be challenging in 2026. Putting an additional mandatory 6% tax on a large part of our local bed base is a bad idea. The parity bust of this tax between the condotels and the hotel properties creates an absolute go-forward budgeting nightmare for an important segment of our local economy. I’m afraid there will be negative impacts to the larger Vail business community if the tax passes. As a Vail voter and advocate for all of you as well as our destination, I would welcome the opportunity to sit down with council members individually to hear your perspectives and to try and understand my blind spots before casting my vote. I hope some or better all of you are open to a discussion and to hearing my perspective on the implications of your own votes before you do the same. I’ll make time for each of you to sit down if you’re willing to do so for me. Please let me know. Sincerely, Zach Meyers General Manager Phone:970.343.6101 Mobile:970.471.8318 595 Vail Valley Drive Vail, CO81657 Web: www.manorvail.com From: Meyers, Zach 7 Sent: Wednesday, February 5, 2025 9:54 AM To: towncouncil@vail.gov Cc: csmith@vailgov.com Subject: RE: STR Fees Dear Council, Thank you for listening to the feedback from the lodging community regarding STR Fees and adjusting the approach to develop a thoroughly-researched excise tax that can be added to the November ballot. I agree with council’s comments that there’s an opportunity to create a Vail version of what others are doing that supports our funding needs for employee housing while distributing that burden more fairly and accounting for more than the per bedroom fee approach would have. It was great to see other community members offering to participate in the process. If there’s a way I can contribute, I’d be happy to get involved. I know we’re in good hands with all of you, but please don’t hesitate to get in touch if another voice from the lodging community would be valuable. Sincerely, Zach Meyers General Manager Phone:970.343.6101 Mobile:970.471.8318 595 Vail Valley Drive Vail, CO81657 Web: www.manorvail.com From: Meyers, Zach Sent: Tuesday, January 14, 2025 10:31 AM To:towncouncil@vail.gov Subject: STR Fees Dear Vail Town Council, I wanted to reach out to share some observations/concerns ahead of the second reading of the Short-Term Rental ordinance which will mandate an increase from $50 per residence to $1,200 per Bedroom for STRs in Vail. To provide some out-front context on what the ordinance will mean to Manor Vail’s rental program owners, the change will move the cost from roughly $4,500 to $187,000 per year. I understand the pressure the council is feeling to do something considering the threats of a ballot initiative if there’s a failure to act on the issue of Short-Term Rentals’ impact on housing availability in the community. On giving careful thought to the ordinance you all have put forward, I feel more consideration and caveats need to be included in the ordinance coming up for a second reading. The model as written doesn’t account for factors deserving of consideration and that should be addressed in the finalized fee. I’m uneasy about the per bedroom fee approach being taken because it fails to adjust for overall unit revenue. This flat fee approach in my opinion creates a likelihood of lost bed base during peak occupancy periods. While the $1,200 / Bedroom fee would have been just 3 – 4% of the average Manor Vail Rental Program owners’ spilt in 2024, eleven of the roughly ninety owners participating in our rental pool participate solely during peak periods. Many of these owners have explicitly told me they do so solely to support the overall rental program and would rather not have strangers sleeping in their beds. I fear that for these owners, the fee will be the catalyst to them pulling their units from the rental program which will impact availability when the community most needs those units. Not having those units over the peak periods will impact Lodging Tax, Sales Tax and all of the ancillary businesses that benefit from the units being occupied during peak occupancy weeks in Vail. Based on Vail’s Lodging Tax vs. competing mountain communities, there’s room to gain the same or more funding for housing via added lodging tax or a new STR specific Tax similar to what’s being done in Aspen. This approach would be more equitable from a cost per dollar earned metric for STR Owners than the fee approach in the ordinance. I hope you’ll consider the message you’ll be sending to non-primary homeowners supporting Vail’s lodging needs with limited dates in the times when we most need additional room inventory before going forward with the ordinance as written. Not all owners who contribute by sharing their homes are trying to make a business out of renting their units and their contribution should not be undervalued or over-burdened by the ordinance. Treating properties like Manor Vail Lodge, Vail Raquet Club, Lion Square Lodge, The Landmark, Vail Spa, The Arrabelle in the town tourist centers the same as the condo short-terming next door to my home in The Valley Condos which offers no services outside of the unit most importantly 24 hour security/fire/life safety monitoring and on-site housekeeping & maintenance response doesn’t make sense. The Homeowners at Manor Vail take on considerable expense associated with delivering these services and their investment in the Vail guest experience needs to be a consideration in the fee they’re being charged vs. others who offer little beyond pre & post stay cleaning. If the Council is feeling pressured to make a decision that fails to account for the differences between full-service properties and homes in residential neighborhoods being short-term rented by people living half-way across the country with pseudo representation in the community due to litigation taking place in other CO resort towns, then the best approach is to delay a decision until that litigation plays through. There are big differences from rental to rental in Vail and I can’t understand why the differentiation that existed in the fee for full-service / 24 hour properties seems to have been abandoned in the new fee structure. I went to bat with our owners and was successful in lobbying them to take on an $850K expense in the new Timber Ridge development after the Manor Vail 8 master lease of many years there was eliminated to make way for the new build. The core argument I made in that process was that the Manor Vail community needs to accept ownership for our part in the housing challenge being faced in Vail. With a second $85K earnest payment due date of January 15 looming, it’s going to be difficult for me to make an argument to our ownership now that it’s right or fair for them to pay the same fee to the housing fund as others who have not committed similarly. I should also mention that our homeowners take on a material additional expense maintaining on-site employee housing at Manor Vail which I believe should be a differentiator from others who are doing little beyond monetizing their residences through the STR program. I appreciate the pressure you’re feeling and agree that doing something has become more urgent with the feeling of an imminent uprising on this issue from a few loud voices whose opinions are emotion based with half-facts as foundation. As written, this ordinance will almost certainly come with unintended consequences. These consequences can be avoided with a more sophisticated fee approach that takes account of the whole picture. As a Vail homeowner and advocate for owners who do short-term rent, I ask that you address more than just the fractional ownership component which a few council members commented on needing to be addressed following the previous reading before finalization of the fee structure. From a personal standpoint, I agree with Reid’s comments in the meeting where the first reading took place that it is the right mindset to lean toward those trying to make a go at building a life here over second homeowners whose Vail experience is as much an investment as a lifestyle choice. Not so long ago, I was one of the individuals trying to figure out how to stake a claim in Vail, and I commend the Council for advocating on behalf of those who aspire for a permanent life here. I just hope you all can find a way to address more of the nuances I’ve mentioned above in your comments at the next meeting. There are ways to account for more of the differentiators in the final ordinance if you all continue to believe that is the correct path. If addressing these factors is too much of a legal concern due to active litigation in other like communities, then it seems premature to go forward with the ordinance. Finally, I want to share with you some adjacent issues, while not directly related to the STR fees, I believe should be weighed before the pile on of another new cost for owners who are helping to keep our tourist economy going through participating in organized rental programs. Manor Vail received our first water bill from ERWS this past week following the new “meter size multiplier” and on 8.5% less water usage than last year, the monthly cost for water here went up by $10K vs. last December. In spite of zero claims in more than five years, securing property insurance for Manor Vail has proven next to impossible causing us to need to budget nearly another million dollars in premium for 2025 which will have to be passed through to the owners this year. The post-pandemic boon of not being able to charge enough to slow down bookings has passed evidenced by RevPAR decline year over year through the November Smith Travel Report in Manor Vail’s local competitive set. With the most recent Destimetrics report showing flat rate in the first quarter vs. prior year, and everything we do getting more expensive, I don’t believe Manor Vail should be alone in the concerns I have with another fee. I’m worried the squeeze from both directions will lead to pressure to cut services and/or staffing levels or create a rush of owners who are just making it work deciding that owning in Vail has just become too expensive. Nobody is getting rich short-term renting at Manor Vail Lodge and there is a breaking point for this ownership group many of whom are second and third generation owners. This group of owners has shown a commitment to keeping a world class experience going in Vail for the past 59 years. While their voices might not be as loud or consistent as the guy walking around fighting the man in the chicken suit, their interests should matter. I know that’s a lot of info, so if you got this far and are still with me, thank you for your consideration. If it would be helpful, I’d be happy to connect directly with any of you to discuss any my thoughts or to hear yours if you feel differently. Warm Regards, Zach Meyers General Manager Phone:970.343.6101 Mobile:970.471.8318 595 Vail Valley Drive Vail, CO81657 Web: www.manorvail.com Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 9 From:Bob Essin To:Vail Letters; Nate Peterson; Council Dist List Subject:West Lionshead Town Council Approval Date:Sunday, September 21, 2025 5:56:00 AM September 21, 2025 There was a 6-0 Vote by the Town Council on the West Lionshead project despite slightly negative sales tax numbers and negative business feelings according to retailers in town. This is an extremely qualified Town Council that made this judgement. The members are experienced in business and real estate and some have been here from the beginning almost. I have not seen the proposal and am not qualified to pass on it or make a business judgment, but I am qualified to say that most of the new construction residential property there will be worth easily $3000 per square foot as a starting point and apparently the Town Council did not think the more than 1000 new residents and the daily skiers would make the mountain too crowded, this in addition to the new property development and new lift in Cascade Village. The article in the Vail Daily made the parking arrangements sound very optimistic also. I thought Vail Mountain had reached its maximum for skiers years ago? Let’s hope the succeeding Town Councils and town staff hold Vail Resorts feet to the fire so to speak and that the development conditions are better than they were when (N)Ever Vail was planned. Especially with parking, there most be sufficient constructed parking for all new residential purchasers, all skiers on Vail Mountain accessing the property even on holiday and busy times , residential owners and workers, and users of the new retail establishments. The Town and owners of other properties already developed will be paying for probably more than their fair share for access and use and development of utilities and policing the areas and the increased value of the property will be going to the current owners developing the property. Does this new development increase the enjoyment for our current citizens? Where will all the workers in this newly developed area live? It is a beautiful day in Colorado, Bob Essin 4264 Columbine Way, Unit 11 Vail, CO 81657 Vailbob@comcast.net 970-376-4484 Democrat Sent from my iPad 10 From:Colby Lefebvre To:CommDev; Matt Gennett; Council Dist List; DRB Subject:Concerns Regarding Concert Hall Plaza Plan Date:Sunday, September 21, 2025 5:27:57 PM To whom it may concern, I've taken a close look at the new plan for Concert Hall Plaza, and I still have some significant concerns. First off, the drastic cut in the proposed size of the commercial space and the lack of assurance for restaurant space is troubling. Additionally, the removal of a public bathroom, which serves both the restaurants and the bus stop, raises a red flag. There’s also no mention of the mechanical, electrical, and plumbing (MEP) requirements for the restaurants or the necessary exterior ventilation. Currently, the commercial space between the walk-through area and one floor below totals over 10,000 square feet, including 4,200 square feet designated for restaurants. The proposed plan shrinks this to just 2,335 square feet—less than a third of the original commercial space and nearly half of the restaurant space. While this doesn't fully align with the emergency moratorium from spring regarding the conversion of restaurant space to retail, the concern about losing valuable restaurant space remains valid. Right now, Concert Hall Plaza is home to four food establishments that foster local culture and provide affordable dining options. Both proposed restaurant spaces need access to bathrooms due to indoor seating. If there's no shared bathroom available, each would have to add its own, which would reduce their size and seating capacity. Another major issue is the absence of potential mechanical runs in the current drawings. Having remodeled a space into a restaurant myself, I can attest that running mechanicals is one of the toughest challenges in opening a restaurant. It significantly impacts the building's exterior appearance and roofline, not to mention the mechanical screens required on the roof. Given that the developers are seeking multiple variances for this property, I believe the town of Vail has the leverage to ensure more commercial space is included in the plans. Community development should prioritize what’s best for our residents. Growth is inevitable, but let’s shape it in a way that benefits our community, rather than just lining the pockets of out-of- town developers. Best regards, Colby Lefebvre Owner/Operator Alpine Pizza Company C- 970-390-3679 11 From:Michael S Warren To:Council Dist List Subject:Concert Hall Plaza Redevelopment Date:Friday, October 3, 2025 11:27:29 AM Hello Council Members, I have been following the Concert Hall Plaza applications and PEC hearings very closely, and think it is easy to see that this is an important redevelopment for a site that has experienced decades of under-investment and deferred maintenance. Town staff, PEC, the developer and architecture team have done a great job exchanging feedback, making adjustments to the plan, and coming up with meaningful improvements to the existing public access through the property. This is a very tight and difficult site, and it has been nice to see how the public process with the Town has worked out to improve the design and generate a great result that will really bring this struggling property up to Vail's design standards. Best, Mike Warren Michael S. Warren Warren Hospitality Investments 303.325.3999 P.O. Box 4912, Vail, CO 81658 12 From:joe.allen0910@icloud.com To:Council Dist List Subject:Veteran Parking Date:Tuesday, September 23, 2025 9:56:14 PM Honorable City Council members, My name is Joe Allen. I am an honorably discharged and disabled veteran. As many of you are aware, the rich history of the 10 th Mountain Division in the Vail area. Those veterans are the reason Vail resorts is the greatest ski destination in the world. I understand your need to generate revenue and thus your recent decision to raise parking prices during ski season. But can you please consider us veterans. Many of us are disabled and base our lives on what VA disability money we get. We pay to go to Vail resorts because of it’s strong military connection but the parking prices are getting up there and making it hard. Would you consider a season pass veterans can buy on your website in conjunction with ID.Me (the website used to verify veteran status) and offer us a reduced price. I am handicapped. Please consider some kind of option for us veterans. We support Vail year-round and many of us pay a special tribute to our fallen veterans and remberance of the 10 th while on the hill. What a great way to attract more veterans to the beautiful Vail community. Please consider this suggestion. Bowing deeply before the Buddha Within You, Joe Allen Honorably Discharged/ Disabled Veteran joe.allen0910@icloud.com 13 14 From:Bob Essin To:Letters Vail; Council Dist List Subject:To whom it may concern : The Rule of Law Date:Friday, October 3, 2025 1:54:41 AM October 3, 2025 The Rule of Law in the United States may have died or barely be living. Without a Congress and/or a Supreme Court that will check MAGA and Trump, our Country will not survive with the freedoms provided by our Constitution. It is not perfect now and has never been perfect but has always been a project in motion back and forth to become better. Even before and during and after the Civil War, the framework established after the confederation of states in the 1770s has been in place. This is the most crucial time since then except for the Civil War when we tried to purge the imperfection of Slavery and its racism. At the front of the current attack on our rule of law is again Racism, but it is joined and strengthened by many other complications and factors that are contributing to it headed of course by Trump. Some of those other complications and factors are fascism and the internet and its many effects. It is difficult to know what to do to help continue the Rule of Law that we have had and its framework for allowing our country to back and forth solve the many problems that living in this world presents to individuals and the collective of our States. Somehow we have elected a madman leading others that don’t understand that we must support the Rule of Law unless it is going to be destroyed and a one person, dedicated to himself, government like Putin now in Russia or like Hitler in Germany in the past will be our destiny. Trump may actually be much worse than either of them since the accumulation of wealth and power by him seems to have no direction other than his wealth and power. He does not care about the continuation of our country as far as I can see. I am hoping more rulings by the Courts and the Supreme Court will somehow check the direction we are heading, but Trumps recent actions with the military and with ICE if he is able to use ICE in other than its intended reason of border enforcement may be to completely ignore any court rulings. Court Rulings with support from Congress are our only chance for the United States to survive with its present law as the Constitution which is the framework for all of our government and individuals who take an oath to support it, not the individuals that make up the government. Bob Essin 4264 Columbine Way No. 11 Vail, CO 81657 Vailbob@comcast.net 970-376-4484 Sent from my iPad 15 From:John Brust To:Public Input Town Council Subject:Vail - Concert Hall Plaza"s "potential" Gate of Lionhead Date:Monday, October 6, 2025 5:55:46 PM Attachments:image.png image.png image.png image.png Dear Mayor and Vail Town Council... Is it possible for Vail to get an architecturally significant/ICONIC in arch/walkway that becomes the Western Gate to Lionshead? One that is not only gorgeous and harmoniously adding life to a (still burgeoning) historic ski town BUT ALSO is humanly magnetic drawing locals from Vail, Minturn, Avon, Edwards and other places all around the Valley and world to its restaurants/bars and shops inside. AND can this new arch/walkway (I guess it's a "food market" kind of tunnel walkway) be designed to be one of THE instagramable locales in Vail? Absolutely. Plus, to really "save" Lionshead's west side this is THE WINNING ticket needed. What a wonderful opportunity to prevent another "shell" of a space and stop the (figurative) drifting of a once vibrant Lionshead into an unvisited kind of ghost town without a soul... OK, there's a liquor store and a few other shops that are losing money. When imagining such WINNING opportunities, I enjoy looking at comparables and COPYING what works (and avoiding what doesn't). For example, the arch/walkway in the Arrabelle doesn't attract a single soul. It's a transactional / functional walkway/tunnel to get to the other side. This is partially because it's too short in height and too narrow (a little less than 18') in width and I would guess it wasn't designed to be much more. My most accurate sense for the right width of the new walkway/arch in Concert Hall Plaza is that 20' is going to be the smallest width for the community (locals, restaurants, bars, and the town and world) to win. Our archway/walkway opportunity made me think about my graduate school. No, it's not only the beautiful campuses on the East Coast that have gorgeous arches and subsequent walkways. The University of Notre Dame is filled with arched walk-thru buildings too. THE iconic image for the somewhat new Law School (photos below) is its archway with a "reading room" kind of Starbucks above it. People tell me that Vail architects and developers can't think at that level of beauty and useful resident value (with say a two-story Starbucks there like at Notre Dame). I responded "what does that mean... absolutely they can... because we are dreaming big for "building back community"... and our Town Council can send designers/developers back to the drafting room when their plans don't think at this level yet." We just remind them the town's Vision. 16 17 The photos below are of another popular "under building" arched walkway at Notre Dame. This one (called the Lyons' Hall arch) is 21' wide and could be the right width to allow enough room for outside seating. I think it is so important to think about is how "fresh air" outside tables and chairs for dining ARE BECOMING THE WIN for cities trying to bring life and 18 vitality back to their communities post-Covid. Obviously this is a win for mountain towns too. They say the win of outside seating in U.S. cities includes enhanced visibility, customer joy, increased revenue for restaurants/bars, greater community vitality, a stronger sense of place, and improved public health (in the greater sense of it all). Wow - that's a lot, I thought. 19 Oh, of note: both (Law School and Lyons Hall) archways are iconic on campus. They are used in tons of graduation photos, on covers of magazines, in social media posts, and the one above (Lyons Hall arch) was featured in the movie "Rudy" for example. One romantic tradition is that if a couple kisses under the Lyons arch, they are said to eventually get married. Will Vail's new western Lionshead gate arch/walkway develop some noteworthy tradition? Well, perhaps, it just becomes a popular and beautiful photo spot. So, does the ICONIC LIONSHEAD GATEWAY ARCH and walkway for foodies bring a genuine dose of magic? Do the designers/developers (maybe with little financial help from the town) perhaps put lions in marble/rock/stone as guards to this new western Lionshead gate (for a cool/magnetic Instagram-able spot)? Can we design a "best-in-the-world" kind of head turning archway and entrance gate (from the also new West Lionshead) to Lionshead... filled foodie quality stops of The Little Diner, maybe Moe’s Original BBQ, that Mexican bar, and Chinese restaurant. But, of course. Yes, we understand that, sadly, western Lionshead is essentially dead right now. But if we can do Concert Hall Plaza's arch and "foodies walkway" right... I genuinely think Lionshead can not only be resuscitated, but it can also significanly improve upon the tight (it's basically 16') arched foodie walkway currently there. Can't wait... the Vail neighborhood community needs this. That tired/old Concert Hall Plaza is ready for a (community) win/rebuild.... something aesthetically (and, of course, restaurant-wise) magnetic to draw locals and others to Vail and Lionshead. Building what could become hollow/vacant spaces (and shaping parts of town) empty of locals and energy that remove the little "soul" that Vail has remaining... was "so" 2010 (we've evolved ). See you tommorrow. Of course, I am cheering for each one of you. AND, like you, fully committed to, at every new development opportunity, slowly bringing back spaces/places for local neigborhood/community vibrancy, life, and excitement. With tons of gratitude, Always, John 20 From:Stephanie Kauffman To:Council Dist List Subject:FW: Tonight’s meeting Date:Tuesday, October 7, 2025 2:33:17 PM Good afternoon, everyone, Below are a couple of video links Douglas Smith has sent over and will be referencing them during public participation. Thank you so much! ~Stephanie From: Douglas Smith <douglasandrewsmith@gmail.com> Sent: Tuesday, October 7, 2025 2:29 PM To: Stephanie Kauffman <Sbibbens@vailgov.com> Subject: Re: Tonight’s meeting Here you go. If you could send these two links to them I will verbally Address them Tonight. Thanks!! https://www.dropbox.com/scl/fi/z4wnvs9l2c9oxsjz1kr1f/Video-Oct-02-2025-2-10-00-PM.mov? rlkey=m5hsaze8ocf1lsoyywwkdysuo&dl=0 https://www.dropbox.com/scl/fi/yug8crwqexa0mvceihz8e/Video-Sep-07-2025-1-17-12-PM.mov? rlkey=kgflpfzxa6kmkk5zqrh1ak9ya&dl=0 Douglas A Smith 2025506585 21 AGENDA ITEM NO. 4.1 Item Cover Page DATE:October 7, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:September 2, 2025 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 090225 TC Meeting Minutes.pdf 22 Town Council Meeting Minutes of September 2, 2025. Page 1 Vail Town Council Meeting Minutes Tuesday, September 2, 2025 6:00 P.M. Vail Town Council Chambers The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Coggin. Members present: Travis Coggin, Mayor Barry Davis, Mayor Pro Tem Pete Seibert Jonathan Staufer Dave Chapin Reid Phillips Samantha Biszantz Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Stephanie Kauffman (Bibbens), Town Clerk Matt Mire, Town Attorney 1. Call to Order 2. Public Participation Public Participation began at time stamp 0:00:14 on the High Five video. Katie Bristow, Black Tie Ski & Bike Rentals, announced the formation of the Concert Hall Plaza Small Business Association, representing the 10 businesses in the plaza. Seth Levy, representing certain members of Vail’s Jewish community, explained he was disappointed with the town’s settlement with Danielle SeeWalker and asked for the release of the executive session video where the issue was discussed. Nina Landes, a Town of Vail resident, asked the Town Council to reconsider housing lottery requirements, specifically for Vail Commons, but also potentially for other employee housing developments in town. Samantha Sunshine, a business owner in Lionshead Village, spoke in favor of supporting businesses in Concert Hall Plaza. 3. Consent Agenda Consent agenda began at time stamp 0:11:01 on the High Five video. 3.1 August 5, 2025 TC Meeting Minutes 23 Town Council Meeting Minutes of September 2, 2025. Page 2 3.2 August 19, 2025 TC Meeting Minutes 3.3 Resolution No. 41, Series of 2025, A Resolution Approving Continuation of the Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program Approve, approve with amendments, or deny Resolution No. 41, Series of 2025. Background: The Town wishes to continue the Timber Ridge Village Employee Housing Unit ("EHU") deed restriction credit program (the "Program") in an effort to attract more buyers to purchase homes at the new Timber Ridge Village. 3.4 Joe's Famous Deli Permission to Proceed Approve, approve with amendments, or deny permission to proceed. Background: The applicant, Alejandra Reynaud of Joe’s Famous Deli, is requesting approval for the use of 67.5 square feet of right-of-way for tables and chairs for patrons of Joe’s Famous Deli located at 288 Bridge Street. As the outdoor patio is on Town property, the Town Council must give the applicant permission to proceed through the process as the land owner. 3.5 Delizioso Permission to Proceed Approve, approve with amendments, or deny permission to proceed. Background: The applicant, Elisabetta and Stephen Virion, are requesting approval for the use of 32 square feet of right-of-way for tables and chairs for patrons of the Delizioso store, located at 100 East Meadow Drive. Davis made a motion to remove items 3.2 and 3.5 off of the consent agenda, Staufer seconded motion passed (7-0). Davis made a motion to approve the consent agenda with the exception of 3.2 and 3.5, Staufer seconded motion passes (7-0). Davis made a motion to approve item 3.2, Staufer seconded motion passed (5-0 Coggin and Phillips absent from the August 16 Town Council Meeting). Davis made a motion to approve item 3.5, Seibert seconded motion passed (6-0 Staufer recused himself due to having a financial interest in the building). 4. Action Items Discussion for Ford Park Entryway began at timestamp 00:12:46 on the High Five video. 4.1 Ford Park Entryway Discussion Presenter(s): Gregg Barrie, Landscape Architect 24 Town Council Meeting Minutes of September 2, 2025. Page 3 Provide feedback to town staff regarding this request to use existing project savings for new projects in Ford Park. If the Council supports all or part of this request, authorize the utilization of the appropriate amounts as presented of fund RFP026 (Ford Park Turf Rehabilitation) for the use completion of Ford Park Entry projects. Background: The purpose of this item is to request that the Town Council review a proposal to reallocate savings from the Ford Park Turf Rehabilitation project to five other Ford Park projects. Seven hands were raised for staff to continue moving forward on the Ford Park Turf Rehabilitation project. 5. Public Hearings Discussion for Resolution No. 36, Series of 2025 began at 00:24:17 on the High Five video. 5.1 Resolution No. 36, Series of 2025, An Amendment to Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan (West Lionshead) Presenter(s): Matt Gennett, Director of Community Development Applicant will be requesting to table Resolution No. 36, Series of 2025 until the September 16, 2025 evening meeting. There will be no presentation and public comment will not be taken. Background: The applicant, comprised of the Town of Vail, East West Partners, and Vail Resorts, is requesting the Vail Town Council amend Section 5.17 ‘Ever Vail’ and pertinent sections of the Lionshead Redevelopment Master Plan (LRMP). Staufer made a motion to table item number 5.1 until the September 16 Town Council Meeting; Seibert seconded motion passed (7-0). There being no further business to come before the council, Staufer made a motion to adjourn the meeting; Seibert seconded; meeting adjourned at 6:25pm. Respectfully Submitted, Attest: __________________________________ Travis Coggin, Mayor ______________________________ Stephanie Kauffman, Town Clerk 25 AGENDA ITEM NO. 4.2 Item Cover Page DATE:October 7, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:September 16, 2025 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 091625 TC Meeting Minutes.pdf 26 Town Council Meeting Minutes of September 16, 2025. Page 1 Vail Town Council Meeting Minutes Tuesday, September 16, 2025 6:00 P.M. Vail Town Council Chambers The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Coggin. Members present: Travis Coggin, Mayor Barry Davis, Mayor Pro Tem Jonathan Staufer Dave Chapin Reid Phillips Samantha Biszantz Members absent: Pete Seibert Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Stephanie Kauffman (Bibbens), Town Clerk Matt Mire, Town Attorney 1. Call to Order 2. Public Participation Public Participation began at time stamp 0:00:55 on the High Five video. Tim McMahon, a Town of Avon resident, asked about the status of an emergency plan when I- 70 closes, if there is any type of notification possible when tour buses show up at the Vail Transportation Center, and also thanked several town employees for their actions to help keep a dog from getting hit between I-70 and the frontage road. Lauren Wallace, a Town of Vail resident, announced her candidacy for the Vail Town Council. Betsey Kiehl, a Town of Vail resident, asked that political signs not be placed in town flower beds. Heather McDonald, a Town of Vail resident, asked the Town Council to reconsider local housing lottery requirements, specifically to acknowledge longevity. Martin Porter, a Town of Vail resident, stated his lease was terminated after 16 years because his landlord decided to short-term rent the unit in which he was living. 3. Any action as a result of Executive Session. 27 Town Council Meeting Minutes of September 16, 2025. Page 2 Any action as a result of Executive Session began at 0:05:57 on the High Five video. 4. Consent Agenda Consent agenda began at timestamp 00:06:51 on the Hight Five video. 4.1 Resolution No. 42, Series of 2025, A Resolution Approving the Operating Plan and Budget of the Vail Local Marking District, for its Fiscal Year January 1, 2026 through December 31, 2026 Approve, approve with amendments, or deny Resolution No. 42, Series of 2025. Background: The Vail Local Marketing District is responsible for marketing and promoting Vail to attract overnight destination guests primarily during the non-ski season timeframe, creating economic vitality by attracting visitors who stay longer and spend more, thereby increasing sales tax and lodging tax revenues. Performance against these goals is measured through data, including occupancy, average daily rate, and lodging and sales tax revenues. 4.2 Resolution No. 43, Series of 2025, A Resolution of the Vail Town Council Adopting an Updated Public Records Policy for the Town Approve, approve with amendments, or deny Resolution No. 43, Series of 2025. Background: Section 24-72-205 (6) (b), C.R.S., requires the Director of Research of the Legislative Council Staff to adjust the Colorado Open Records Act maximum hourly fee for the research and retrieval of public documents for inflation on July 1, 2019, and each five years thereafter. Effective July 1, 2024, the maximum hourly fee increased to $41.37. 4.3 Resolution No. 44, Series of 2025, A Resolution Approving Intergovernmental Agreement between the Town of Vail and Eagle County, Colorado Concerning Wildland Fire Mitigation Program Approve, approve with amendments, or deny Resolution No. 44, Series of 2025. Background: The Town is taking proactive steps to become “Fire Adapted” and recognizes that an uncontrolled wildland fire could impact Vail in the future. 4.4 Pitkin Creek Master Lease #14i Approve, approve with amendments, or deny renewal of Pitkin Creek Master Lease for unit 14i. Background: The purpose of this item is to request approval from the Vail Town Council authorizing the Town Manager to enter into a master lease agreement with 4081 Bighorn Road 14i LLC for the twelve-month lease of the residential property located at Pitkin Creek Park, 4081 Bighorn Road Unit #14i, Vail, CO 81657 effective October 1, 2025, through September 30, 2026. 28 Town Council Meeting Minutes of September 16, 2025. Page 3 4.5 Contract Award to JR Engineering for the North Recreation Trail Design Direct the Town Manager to enter into a contract, as approved by the Town Attorney, with JR Engineering for the North Recreation Trail Desing, in an amount not to exceed $77,715. Background: The Town has budgeted to design and reconstruct a portion of the North Recreation Trail from the Pedestrian Bridge to Vail Run. The design will provide construction plans to replace the existing asphalt, widen the path by 1', add adequate shoulders, replace aging small retaining walls, and adjust the profile to accommodate a future new bus stop along the N. Frontage Road in front of Vail Run. The design proposal is within project budget. Davos made a motion to approve the consent agenda; Phillips seconded motion passed (6-0, Seibert absent). 5. Presentation/Discussions 5.1 Fire Free Five Update Presenter(s): Chief Mark Novak, Vail Fire Department and Paul Cada, Wildland Fire Battalion Chief Listen to presentation and provide feedback. Background: In June 2025, the Vail Town Council expressed support for the future adoption of an ordinance requiring a 5' non-combustible zone around all structures in Vail (Fire Free Five). Council directed staff to implement a community engagement campaign over the summer months with the intent of educating community members on the FFF requirements and gathering community input. Public comment was called at timestamp 00:51:46 on the High Five video. Public comment closed at timestamp 00:59:52 on the High Five video. Davis made a motion to direct the Town Attorney to work with the Fire Department on an Ordinance for Fire Free Five as well as the removal of potential wildfire fuels from the Town Code, Staufer seconded motion passed (6-0 Seibert absent). 6. Public Hearings Discussion for Resolution No. 36, 2025 began at timestamp 01:28:46 on the High Five video. 6.1 Resolution No. 36, Series of 2025, An Amendment to Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan (West Lionshead) Presenter(s): Matt Gennett, Director of Community Development Approve, approve with amendments, or deny Resolution No. 36, Series of 2025. 29 Town Council Meeting Minutes of September 16, 2025. Page 4 Background: The applicant, comprised of the Town of Vail, East West Partners, and Vail Resorts, is requesting the Vail Town Council amend Section 5.17 ‘Ever Vail’ and pertinent sections of the Lionshead Redevelopment Master Plan (LRMP). Public comment was called at timestamp 01:33:24 on the High Five video. Public comment closed at timestamp 01:36:45 on the High Five video. Davis made a motion to approve Resolution No. 36, Series of 2025, Staufer seconded motion passed (6-0 Seibert absent). 7. Action Items 988 Ptarmigan Easement request began at timestamp 01:44:16 on the High Five video. 7.1 998 Ptarmigan Easement Request Presenter(s): Greg Roy, Planning Manager Approve, approve with amendments, or deny request. Background: The owner of 998 Ptarmigan Rd, represented by Suman Architects, is requesting an easement on Town property for an existing driveway and continued access to the single- family structure. Council members did not agree to a variance for the applicant. 7.2 Recommendations for the 2025-2026 Winter Parking Program Discussion for the 2025-2026 Winter Parking Program began at timestamp 01:58:21 on the High Five video. Presenter(s): Tom Kassmel, Public Works Director & Stephanie Kashiwa, Parking Operations Manager Approve winter parking rates for the 2025-2026 winter season. Background: The Parking & Mobility Task Force has made recommendations for changes for the 2025/26 winter parking rates and pass sales. Staufer made a motion to approve the 2025-2026 Winter Parking Program with the following amendments: Local Pass will be $40, Employee Pass will be $400, and write April 13 to the 19, 2026 as off peak at the moment on the calendar and play that as it comes, Chapin seconded motion passed (6-0 Seibert absent). Discussion for Ordinance No. 17, Series of 2025 began at timestamp 02:30:11 on the High Five video. 30 Town Council Meeting Minutes of September 16, 2025. Page 5 7.3 Ordinance No. 17, Series of 2025, First Reading, An Ordinance Authorizing the Sale of Certain Real Property Known as Pitkin Creek Park Condominium Unit 7N to Michael L. Grant and Deborah A. Grant for $450,000.00 Presenter(s): Jason Dietz, Housing Director Approve, approve with amendments, or deny Ordinance No. 17, Series of 2025 upon first reading. Background: The purpose of this item is to provide a summary of the background leading up f the proposed Ordinance No. 17, Series of 2025, authorizing the sale of certain real property owned by the Town of Vail. Davis made a motion to approve Ordinance 17, Series of 2025 on first reading, chapin seconded motion passed (6-0 Seibert absent). 7.4 Ordinance No. 18, Series of 2025, First Reading, An Ordinance Repealing Chapter 3 of Title 2 of the Vail Town Code, Regarding the Process of Awarding of Public Improvement Construction Contracts Discussion for Ordinance No. 18, Series of 2025 began at timestamp 02:32:21 Presenter(s): Kathleen Halloran, Deputy Town Manager presented for Carlie Smith, Finance Director Approve, approve with amendments, or deny Ordinance No. 18, Series of 2025 upon first reading. Background: The Town of Vail’s Procurement Policy establishes a consistent framework for purchasing services, materials, and equipment while ensuring compliance with local, state, and federal laws. Its purpose is to secure the best value for taxpayers and promote open, fair competition among vendors, suppliers, and contractors in providing goods and services to the community and its guests. Chapin made a motion to approve Ordinance No. 18, Series of 2025 upon first reading, Davis seconded motion passed (6-0 Seibert absent). There being no further business to come before the council, Staufer made a motion to adjourn the meeting; Davis seconded; meeting adjourned at 8:34pm. Respectfully Submitted, Attest: __________________________________ Travis Coggin, Mayor ______________________________ Stephanie Kauffman, Town Clerk 31 AGENDA ITEM NO. 4.3 Item Cover Page DATE:October 7, 2025 SUBMITTED BY:Stephanie Bibbens, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Contract Award to Ritmo Studios LLC for an Artistic Granite Fire Feature at Gore Creek Promenade SUGGESTED ACTION:Authorize the Town Manage to enter into an agreement, in a form approved by the Town Attorney, with Ritmo Studios for the fabrication and installation of Resilient, an artistic granite fire feature in the Gore Creek Promenade, not to exceed $132,000.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Gore Creek Promenade Fire Feature TC Memo 10-7-25 - Contract Award.pdf 32 To: Vail Town Council From: Department of Public Works Date: October 7, 2025 Subject: Gore Creek Promenade – Artistic Fire Feature Contract Award I. ITEM PURPOSE The purpose of this agenda item is to request the Town Council award a contract to Ritmo Studios, LLC for a hand-carved granite fire feature to be installed as a unique artistic element for the Gore Creek Promenade Renewal project. II. BACKGROUND The Gore Creek Promenade Renewal project is currently under construction, with an anticipated completion date of late June 2026. As in all of Vail’s parks, an important characteristic of this project is the inclusion of public art. This past June, the Art in Public Places Board reviewed several proposed site-integrated artistic concepts for consideration in the project. One of the proposals, submitted by Ritmo Studios, was the design for a custom hand-carved sculptural stone fire feature to replace the existing manufactured steel log fire pit. The AIPP Board unanimously approved the design by Ritmo Studios as the primary functional public artwork within the Gore Creek Promenade. III. THE FEATURE The sculptural fire pit, titled Resilient by artist William Seal, includes a large, hand-carved granite boulder sourced to form the elevated base containing the fire feature. To streamline the mechanical engineering production of the fire feature, Ritmo Studios proposes to collaborate with a renowned fabricator named Elena Columbo who has built numerous unique public fire features around the country. This proposed feature is elevated to further enhance safety. The current campfire-like fire pit is at ground level. The new fire feature will serve as a gathering spot unlike any other in neighboring mountain towns. Its combination of high-quality, hand-made craftsmanship will be a signature artwork in the heart of Vail Village to be operated through the winter months. Its organic shape echos the natural surroundings within the park. The fire feature is designed with a manual timer to allow users to turn on the fire when desired. The current feature is lit by hand every day and runs from 8 am to 10 pm regardless of whether users are present. The timer feature should significantly reduce fuel use when compared to the current 14-hour per day cycle. 33 Town of Vail Page 2 IV. PROPOSAL The proposal for the project includes the following: • Custom granite sculpture, delivery and installation: $ 91,871 • Fire feature insert, controls and connections $ 39,936 $131,807 The proposal amount is within the allotted budget for public art within the overall Promenade project budget of $2.1 million. V. CONSTRUCTION SCHEDULE If approved, work will begin on fabrication, with an installation date of mid-April 2026. VI. ACTION REQUESTED BY COUNCIL Authorize the Town Manager to enter into an agreement with Ritmo Studios, LLC in an amount not to exceed $ 132,000 for the fabrication and installation of Resilient, an artistic granite fire feature. Attachments: • Resilient renderings • Sample photos of Fire Feature burners 34 RITMO STUDIOS: SCOPE OF WORK PROPOSAL Fabrication and Installation of Resilient at Gore Creek Promenade Through the Town of Vail’s Art Committee and Town Council selection process, Ritmo Studios has been selected to procure, fabricate and install Resilient; a custom granite fire feature located at the Gore Creek Promenade. The sculpture is inspired by the resilience of fire adapted conifers. Many of the evergreens native to the vail valley have serotinous cones. These cones have a natural defense mechanism from wildfire. Only after exposure to extreme heat will the cone open and drop its seed to begin the next forest life cycle. Resilient celebrates this unique natural adaptation. The sculpture will be hand carved out of a solid granite boulder and finished with a series of textures that enhance the unique beauty and color the stone and surrounding environment. Included in this proposal is a detailed cost breakdown. The scope includes: procurement of the glacial boulder, all associated sawing and fabrication for the stone, as well as transportation and final installation of the sculptural element. Also included in this proposal is a custom gas fire insert. This insert will nestle into the center of the sculptural form. Together the two will provide ongoing artistic interest and a serve as a cozy centerpiece for visitors to gather around as a community. Model as of 9.1.25 - Pending nal review (NOT for Construction) 35 Town of Vail Page 4 A Fire Bowl (above) will be inserted into the granite sculpture. Sample rendering at left. 36 AGENDA ITEM NO. 4.4 Item Cover Page DATE:October 7, 2025 SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Contract Award to Weston Landscape & Design Ceres Landcare for On-Call Snow Removal Services SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Weston Landscape & Design Ceres Landcare for On-Call Snow Removal Services, in an amount, not to exceed $56,880.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: New GSA-2025 Snow Shoveling Weston Landscape & Design.docx 37 AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES (the "Agreement") is made and entered into this 22nd day of September 2025 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Weston Landscape & Design, INC Branch Cere Landcare, an independent contractor with an address of P.O. Box 2134 1040 Chambers Eagle, Colorado 81631, ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A,See last pages attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agen t, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and November 1st, 2025, through April 30th, 2026, shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $$56,880.00 over the six months billed at the first of each 38 month the sum of $9,480.00 starting December 1st and the last invoice May 1st when work is completed. This shall include all services, direct charges and expenses based on twelve shovels per month or seventy-two shovels for the six months of the contract starting November 1st, 2025, thru April 30th, 2026. Supplemental agreement for “call back” and/or Extra Work cost shall be billed at $790.00 per occurrence once a month. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. The contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Contractor shall at all times comply with all applicable law, including all federal, state and local statutes, regulations, ordinances, decrees and rules relating to the emission, discharge, release or threatened release of a hazardous material into the air, surface water, groundwater or land, the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a hazardous material, and the protection of human health and safety, including without limitation the following, as amended: the Comprehensive Environmental Response, Compensation and Liability Act; the Hazardous Materials Transportation Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Clean Water Act; the Clean Air Act; the Occupational Safety and Health Act; the Solid Waste Disposal Act; the Davis Bacon Act; the Copeland Act; the Contract Work Hours and Safety Standards Act; the Byrd Anti-Lobbying Amendment; the Housing and Community Development Act; and the Energy Policy and Conservation Act. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such 39 work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certifica te shall identify this Agreement. 40 VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections 41 provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strike s, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. 42 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, Town Manager ATTEST: __________________________________ Stephanie Kauffman, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 20__, by ____________________________ as _________________ of ________________________. My commission expires: _____________________ (S E A L) ________________________________ Notary Public 43 EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: It is the responsibility of the Contractor to remove snow from all areas addressed in this contract and ensure these areas will be free of snow and ice during a snow event by 8:00 A.M starting November 1st, 2025, through April 30th, 2026. This includes call back or extra shovels. Furthermore, the Contractor will be obligated to monitor these areas on a continuing basis for unsafe and potentially hazardous conditions until the job is complete to the Town of Vail standards. Contractor shall keep a detailed record of all maintenance activities (on supplied form Exhibit C) and turn over copies to the Town of Vail, Street Superintendent (weekly). All snow and ice shall be completely removed edge to edge of each step, sidewalk, pedestrian area, etc. from 1’’ or above. Shoveling narrow paths or leaving any remaining layer of snow or ice is unacceptable in any case. Snow removal priorities are based on Bid Exhibit A The Town will be reasonable for using a de-icing agent and gravel in Bid Exhibit A with CMA/Calcium Chloride and Gravel and carefully monitor amounts used. The Town will determine the areas where CMA/Calcium Chloride and Gravel can be used. Contract Shall- C. Should work beyond that described in the scope of services be required, it will be paid for as extra work at a cost to be agreed upon in writing by the Town and the Contractor prior to commencement of the additional work. Such additional Agreement shall be executed and approved by all persons required by the Town. Supplemental agreement for “call back” and/or Extra Work cost shall be billed at $790.00per occurrence. This includes call back or extra shovels outside of the 12 shovels per month. 44 Lionshead: 1. West End Pedestrian Overpass (hand shoveled - rest is maintained by holder ). North Side Stairs and Sidewalk (Bus stop Sandstone School) 7:30 Am 3. Center stairs and mall area by Base Mtn. Sports - E. Lionshead Circle 4. Stairs by Vail Mountaineering (Clogs Cabin ) 5. East LH Bus stop and roof Benches/Newspaper boxes/Trash cans 6. Lionshead arcade building Lionshead Structure: 1. Stairways at LH Parking Structure – South East Stairs Central stair towers - east & west Fire Stairs - northeast & northwest Information Center steps and walks Benches/Newspaper boxes/Trash cans Library: Main entrance Rear entrance & steps Steps & walks - side Benches/Newspaper boxes/Trash cans/Roof Red Sandstone Parking Structure Sidewalks and stairs. 45 9 9/26/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D414A98D\@BCL@D414A98D.DOCX Village Structure: Top level steps (east end deck) North entrance into structure across from bus terminal Checkpoint Charlie: Sidewalk-Checkpoint Charlie to Bishop Park Municipal Building Complex: Municipal Building west walk and steps Before 7:00 Am Community Development east, south west entrance walks and cat walk for recycle cent Police Department Stairs and exit Vail Interfaith sidewalk- The sidewalk in front of the chapel over to the south side of the chapel bridge Mayor’s Park: Internal walks and benches Main Vail Roundabout Underpass walk/island/crosswalk West vail roundabouts north and south sides West vail roundabout south side/west side underpass/north side in front of shell and Phillips 66. Sidewalk from shell west in front of Fire station 3 entrance into sidewalk in front station three is two narrow for the blades on the equipment. 46 10 9/26/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D414A98D\@BCL@D414A98D.DOCX 47 AGENDA ITEM NO. 4.5 Item Cover Page DATE:October 7, 2025 SUBMITTED BY:Stephanie Bibbens, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Purchase Order from Maglin Site Furniture for Picnic Tables in Vail and Lionshead Villages SUGGESTED ACTION:Authorize the Town Manager to complete the purchase of fifteen picnic table/bench sets from Maglin Site Furniture, in an amount not to exceed $63,535.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Maglin Furniture Award - TC memo 10-7-25.pdf 48 To: Town Council From: Gregg Barrie, Town Landscape Architect Date: October 7, 2025 Subject: Contract Award – Maglin Site Furniture Purchase I. PURPOSE The purpose of this item is to request that the Town Council approve the purchase of fifteen (15) picnic tables for Vail and Lionshead Villages from Maglin Site Furniture to replace existing tables. II. BACKGROUND During the 2020 pandemic, the town purchased approximately twenty-five picnic tables to be placed in Lionshead and Vail Villages as a way to provide additional outdoor seating and dining options. While the blue powder-coated tables have been beneficial, and are still well-used, funding has been allotted in 2025 to replace them with a style more in line with the aesthetics of Vail’s village areas. With feedback from the Town Council provided on September 2, town staff from the Public Works and Economic Development Departments worked together to finalize a table style and color. Staff has selected the Maglin 1050 table and benches. The steel powder-coated frames will be Gunmetal Gray, and the wood table and bench tops shall be thermally modified Ash. The table tops will be widened to ensure that each table is accessible and ADA compliant. The criteria used to select the furniture includes: Preferred furniture characteristics: • Style: a contemporary Vail aesthetic • Comfort: comfortable benches and seating for increased “linger time” • Maintenance: powder-coated steel frames with easily maintained wood surfaces • Durability: purchase commercial-grade furniture for reduced maintenance • Heat retention: avoid materials and colors that tend to get very hot in the sun such as recycled plastics • Weight: heavy enough to generally stay in place • ADA accessibility: provide accessible tables as needed 49 Town of Vail Page 2 III. TABLE/BENCH COSTS AND BUDGET Maglin 1050 6’ Table/bench set $ 3,689 ea plus shipping Total for 15 sets $ 63,535 (inc shipping) Sample table/bench. A modified table top will be widened to ensure ADA compliance at each table location. IV. ACTION REQUESTED BY COUNCIL Authorize the Town Manager to complete the purchase of fifteen (15) picnic table/bench sets from Maglin Site Furniture in the amount of $63,535.00. 50 AGENDA ITEM NO. 5.1 Item Cover Page DATE:October 7, 2025 TIME:15 min. SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Contract Negotiation for Rockfall Mitigation (6:10pm) SUGGESTED ACTION:Staff recommends that the Council directs the Town Manager to negotiate and execute a contract with a qualified rockfall contractor to complete the rockfall mitigation with an amount not to exceed $250,000.00. PRESENTER(S):Tom Kassmel, Director of Public Works and Transportation VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 10-7-25 - Rockfall Mitigation.docx 51 TO: Vail Town Council FROM: Public Works Department DATE: October 7, 2025 SUBJECT: Contract Negotiation for Rockfall Mitigation I. SUMMARY The Town of Vail has been working through options for rockfall mitigation above Lions Ridge Loop for the past couple of months to address recent rockfall events. Initial efforts of rock scaling earlier this summer were unsuccessful and the Town now needs to shift methods to provide mitigation. In order to provide the best opportunity to complete this mitigation this fall, staff recommends that the Town Council allow the Town Manager to negotiate a contract with a qualified rockfall contractor in an amount not to exceed $250,000. An update of the contract award will be provided at the next Council meeting. II. RECOMMENDATION Staff recommends that the Council directs the Town Manager to negotiate and execute a contract with a qualified rockfall contractor to complete the rockfall mitigation. 52 AGENDA ITEM NO. 5.2 Item Cover Page DATE:October 7, 2025 TIME:10 min. SUBMITTED BY:Jake Shipe, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Resolution No. 45, Series of 2025, A Resolution of the Vail Town Council Adopting the Town of Vail Procurement Policy(6:25pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 45, Series of 2025. PRESENTER(S):Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 251007 Purchasing Policy Resolution Memo.docx Resolution 45 Procurement Policy-R100225.docx 53 Memorandum TO: Town Council FROM: Finance Department DATE: October 7, 2025 SUBJECT: Purchasing Policy Resolution I. SUMMARY In tonight's Ordinance 18, we will remove contract limits from the town’s code, which aligns with best practices to maintain the policy administratively, allowing for greater flexibility and timely updates. Instead, it’s best practice to adopt the purchasing policy through a resolution. II. DISCUSSION Purchasing Policy Summary The policy establishes consistent rules for purchasing goods, services, and equipment to ensure legal compliance, fairness, and best value for taxpayers . The town uses a decentralized purchasing system, meaning each department is responsible for following the rules and staying within budget. Any unbudgeted purchases require Town Council approval. Bid & Contract Thresholds  $0 – $25,000: Informal process; verbal or informal bids accepted; approval by department head/staff.  $25,000 – $50,000: At least 3 written quotes; contract required; approval by department head/staff.  $50,000 – $100,000: Competitive bid process; contract required; approval by Town Manager.  Over $100,000: Competitive bid process; contract required; Town Council approval needed. The policy expands the bid and contract thresholds to both materials and services. The policy also addresses sole-source contracts, emergency purchases, change orders, and intergovernmental agreements, and follows the Government Finance Officers Association (GFOA) best practices, as well as state and federal laws. III. INTERNAL CONTROLS To ensure compliance with procurement policies, the Town has established a series of internal controls that have been developed over time and are evaluated and tested for compliance annually as part of the Town’s audit. 54 - 2 - All contracts are routed through the Town Clerk’s Office to verify that proper approvals and sign-offs have been obtained, including reviews by Legal Counsel, Finance, and Town Council (when required). Contracts must be reviewed and approved by Legal Counsel to ensure legal sufficiency and by Finance to confirm adequate budget capacity. Once the required approvals are in place, the contract is executed by the Town Manager’s office. Additional safeguards occur during the accounts payable process. All invoices submitted for payment must be signed off by the appropriate department head or authorized staff. Checks are signed by the Town’s Finance Director and are not issued unless an approved contract is on file with the Town Clerk’s Office. The budget also serves as a key control tool, enabling the Finance Director to track current and planned projects for the year and to anticipate related expenditures. IV. ACTION REQUESTED FROM COUNCIL Approve, approve with amendments, or deny Resolution No. 45, Series of 2025. 55 1 10/2/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@4C1673D9\@BCL@4C1673D9.DOCX RESOLUTION NO. 45 SERIES 2025 A RESOLUTION OF THE VAIL TOWN COUNCIL ADOPTING THE TOWN OF VAIL PROCUREMENT POLICY WHEREAS, the Town Council wishes to adopt the 2025 version of the Town of Vail Procurement Policy. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town hereby adopts the Town of Vail Procurement Policy in the form attached hereto. INTRODUCED, READ, APPROVED AND ADOPTED THIS 7th day of October, 2025. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 56 AGENDA ITEM NO. 5.3 Item Cover Page DATE:October 7, 2025 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Ordinance No. 19, Series of 2025, First Reading, An Ordinance Repealing and Reenacting Chapter 1 of Title 7 of the Vail Town Code, Adopting by Reference the Model Traffic Code for Colorado, 2024 Edition (6:35pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 19, Series of 2025 upon first reading. PRESENTER(S):Commander Chris Botkins, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town Council Memo MTC_2024.docx MTC-O100225.docx 57 August 14th, 2025 To: Vail Town Council Through: Russ Forrest Town Manager Ryan Kenney Chief of Police From: Christopher Botkins Operations Commander Subject: Update to the Model Traffic Code – Adoption of 2024 Version The Town of Vail’s Model Traffic Code (MTC) is proposed for update from the 2020 edition to the newly released 2024 edition. This update incorporates several notable changes intended to improve traffic safety, align with emerging transportation technologies, and clarify enforcement provisions. The proposed adoption has been reviewed and approved by the Town’s Legal Counsel and Town Engineers. The 2024 MTC introduces a new definition for Class B Low-Speed Electric Vehicles (§ 109.6), defined as vehicles capable of traveling over 25 miles per hour but less than 45 miles per hour. This section is included as a placeholder and is not yet enforceable, pending future federal and state regulations. A new section on Automated Vehicle Identification Systems (AVIS) (§ 110.5) establishes authorizations and operational requirements for photo speed enforcement and similar automated systems. This addition provides a framework for potential future implementation of such systems in Vail. The code now establishes a specific violation for operating a motor vehicle without a valid license plate (§ 202.5), ensuring consistency in enforcement when vehicles lack a properly registered and conspicuously displayed plate. For law enforcement safety, a requirement has been added under § 213 for police vehicles to display at least one visible flashing, oscillating, or rotating red light visible from 500 feet during daytime hours. 58 Town of Vail Page 2 Distracted driving provisions (§ 239) have been expanded to prohibit any activity that diverts a driver’s hands, eyes, or attention from the road, including handheld device use. The law applies to all drivers, includes stricter prohibitions for minors, and is now a primary offense. Clarifications have been made to roundabout operations (§ 715), requiring drivers to yield to large vehicles—such as trucks, buses, and RVs—that are in or entering a roundabout when they are “at the same time or so closely as to present an immediate hazard.” Additional guidance addresses situations involving two large vehicles entering simultaneously. A new prohibition against passing snowplows operating in tandem (§ 1003) has been added unless it is safe and permitted by law, improving safety for both operators and motorists during winter road-clearing operations. The 2024 MTC also adds a definition for Vulnerable Road User (§ 1402.5), encompassing pedestrians, cyclists, and others susceptible to injury in crashes. The associated offense, Infliction of Serious Bodily Injury to a Vulnerable Road User, is recognized as one of the most serious non- violent traffic offenses under the updated code. Lastly, bicycle and e-bike rules (§ 1412 and § 1412.5) have been revised to reflect increased e- bike use and updated positioning rules to enhance safety for vulnerable road users. Adopting the 2024 MTC will align the Town’s traffic regulations with statewide updates, improve clarity in enforcement, and provide a framework for addressing emerging transportation technologies. The Police Department recommends approval of this update to maintain consistency with best practices and ensure the continued safety of Vail’s roadways. 59 10/2/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC14F00A\@BCL@CC14F00A.DOCX ORDINANCE NO. 19 SERIES 2025 AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, 2024 EDITION NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety and reenacted as follows: CHAPTER 1: TRAFFIC CODE § 7-1-1. MODEL TRAFFIC CODE ADOPTED. The Town hereby adopts by reference the 2024 edition of the Model Traffic Code promulgated and published by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic Code provides a system of traffic regulation for the Town. Three (3) copies of the Model Traffic Code shall be filed with the Town Clerk and may be inspected during regular business hours. § 7-1-2. AMENDMENTS. The Model Traffic Code is amended as follows: (A) Section 109(9) is amended to read as follows: "(9) No person shall use a roadway for traveling on skis, toboggans, coasting sleds, skates, or similar devices. No person shall enter a roadway on roller skates or riding in any coaster, toy vehicle, or similar device, except while crossing a roadway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This subsection shall not apply upon any street or portion thereof designated as a limited play street for use of roller skates, skateboards or similar devices." (B) Section 110.5(2) is amended to read as follows: "(2) The Town may adopt an ordinance authorizing the use of an automated vehicle identification system to detect vio lations of traffic regulations adopted by the Town, or the Town may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations and, as applicable, the requirements for state highways set forth in and any rules adopted by the department of transportation pursuant to subsection (2.5) of this section. 60 2 10/2/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC14F00A\@BCL@CC14F00A.DOCX (a)(I) If the Town detects any alleged violation of a district court or Town traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the Town shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail, personal service, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a notice of violation." (C) Section 110.5(4.5) is amended to read as follows: "(4.5)(a) If the Town detects a violation of a district court or Town traffic regulation or traffic violation under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum civil penalty that the Town may impose for such violation, including any surcha rge, is seventy-five ($75) dollars. (b) Subsection (4.5)(a) of this section does not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614, C.R.S., or a school zone, as defined in section 42- 4-615(2), C.R.S." (D) Section 110.5(4.7) is amended to read as follows: "(4.7) If a registered owner fails to pay a penalty imposed for a violation of a district court or Town traffic regulation or a traffic violation under state law detected using an automated vehicle identification system, the Town shall not attempt to enforce such a penalty by immobilizing the registered owner's vehicle." (E) Section 117(3) is amended to read as follows: "(3) Unless otherwise authorized, an EPAMD shall not be operated: (a) On a limited-access highway; (b) On a bike or pedestrian path; or (c) At a speed of greater than twelve and one-half miles per hour." (F) Sections 801 through 808 shall not apply on streets or rights -of way designated by the Town as pedestrian malls pursuant to Chapter 11 of Title 7 of this Code. (G) Section 1101(2) is amended to read as follows: "(2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful: (a) Fifteen (15) miles per hour in any business district; (b) Fifteen (15) miles per hour in any residential district; 61 3 10/2/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC14F00A\@BCL@CC14F00A.DOCX (c) Twenty (20) miles per hour on narrow, winding mountain roadways and blind curves, and fifteen (15) miles per hour on the same when pedestrians are present; (d) Forty (40) miles per hour on open mountain roadways; (e) Forty-five (45) miles per hour for all single rear-axle vehicles in the business of trash disposal that exceed twenty thousand (20,000) pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to Section 507(3); (f) Fifty-five (55) miles per hour on open highways which are not on the interstate system, as defined in C.R.S. § 43-2-101(2); (g) Sixty-five (65) miles per hour on surfaced highways which are on the interstate system, as defined in C.R.S. § 43-2-101(2); and (h) Any speed not in excess of a speed limit designated by an official traffic control device." § 7-1-3. APPLICABILITY. The Model Traffic Code shall apply to every street, alley, sidewalk, driveway, park, public way, private way and public or private parking area within the corporate limits of the Town, the use of which the Town has jurisdiction and authority to regulate. § 7-1-4. PENALTIES. It is unlawful to violate any provision of this Chapter or the Model Traffic Code. Violations of this Chapter shall be subject to the penalties set forth in Section 7-2A-4 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the valid ity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 62 4 10/2/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC14F00A\@BCL@CC14F00A.DOCX Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2025 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kaufmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2025. _______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 63 AGENDA ITEM NO. 5.4 Item Cover Page DATE:October 7, 2025 TIME:15 min. SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Ordinance No. 20, Series of 2025, First Reading, An Ordinance Amending Section 12-13-5 of the Vail Town Code Regarding the Employee Housing Unit Exchange Program (6:45pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 20, Series of 2025 upon first reading. PRESENTER(S):Jason Dietz, Housing Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Staff Memo Ord. 20 of 2025.pdf EHU Exchange Ordinance No 20 Series 2025.pdf PEC25-0030 Staff_Memo, 9-22-2025.pdf PEC Results 9-22-25.pdf 100725 Final Town Council EHU Exchange Housing Staff Report.docx Exhibit B - Version 2 Redline Amendment 12-13-5(D)(5) Town Code.pdf Exhibit C - Draft EHU Exchange Ordinance.docx 100725 Presentation - Enhancing EHU Exchange Opportunities.pptx 64 Town of Vail 1 TO: Vail Town Council FROM: Community Development Department DATE: October 7, 2025 SUBJECT: First reading of Ordinance No. 20, Series of 2025, for a prescribed regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized. (PEC25-0030) Applicant: Town of Vail Housing Department Planner: Jamie Leaman-Miller I. SUMMARY The applicant, the Town of Vail Housing Department, is requesting a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange Employee Housing Unit (EHU) upon a finding that the exchange EHU is being underutilized. On September 22, 2025, the Planning and Environmental Commission (PEC) voted 5-0 to forward a recommendation of denial for the proposed amendment. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2025, on first reading. 65 Town of Vail 2 III. DESCRIPTION OF REQUEST The proposal would amend Section 12-13-5, which outlines the criteria and process by which Town Council can approve an EHU exchange, specifically sub-section D related to fee-in-lieu. The proposal would update the fee structure and expand the number of EHUs eligible for full fee-in-lieu payments. Section 12-13-5(D)(5) Fee in lieu would be replaced in its entirety, see Exhibit C for full proposed language. Exhibit B details the changes the applicant has made since the PEC hearing in response to their comments, as well as those from the VLHA. IV. BACKGROUND The EHU exchange program was created in 2008, with a goal to “provide occupied livable, affordable employee housing units within the Town of Vail.” Since its inception the program has resulted in dozens of exchanges, with a focus on replacing underperforming deed restrictions. The Town currently holds and administers 1,035 deed restrictions, with an average of two exchanges completed a year. The PEC does not review EHU exchanges, Town Council is the deciding body upon receiving a recommendation from the Vail Local Housing Authority. Section 12-3-5 describes the existing exchange program, which allows Town Council to “release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/or a fee in lieu payment made to the Town of Vail”. The exchange EHUs cannot be part of any employee housing mitigation required by inclusionary zoning or commercial linkage, or as part of an approved development plan. The existing EHU can be exchanged for a proposed EHU within the Town of Vail, per the exchange rate in Section (3), and a fee in lieu can be accepted for the fractional remainder. Per Section (5) (a), the Town Council “may accept fee in lieu payment for the full required square footage only if the exchange EHU was approved prior to July 22, 1994, and has a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full-time employees...”. The proposed amendment would allow Council to accept a fee in lieu to allow any exchange EHU to meet its obligation upon a finding that the EHU is underutilized. The Planning and Environmental Commission (PEC) held a public hearing on the proposed amendment on September 22, 2025. The PEC forwarded a recommendation for denial to the Town Council in a 5-0 vote. The PEC concerns included a desire for further clarification on an underutilized determination and how that is decided, as well as encouraging compliance and not only exchanges for underperforming EHUs. 66 Town of Vail 3 V. RECOMMENDED MOTION Should the Vail Town Council choose to Deny Ordinance No. 20, Series of 2025, on first reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council denies, on first reading, Ordinance No. 20, Series of 2025, an ordinance amending Section 12-13-5(D)(5) of the Vail Town Code to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU us being underutilized. Should the Vail Town Council choose to deny Ordinance No. 20, Series of 2025, the Community Development Department recommends the Council finds the amendment does not meet the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VI. ALTERNATIVE MOTION Should the Vail Town Council choose to approve Ordinance No. 20, Series of 2025, on first reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 20, Series of 2025, an ordinance amending Section 12-13-5(D)(5) of the Vail Town Code to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized. Should the Vail Town Council choose to approve Ordinance No. 20, Series of 2025, the Community Development Department recommends the Council make the following findings: “The Vail Town Council finds:” 67 Town of Vail 4 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATTACHMENTS • Staff Memorandum to PEC, Sep.22, 2025 • PEC Results, Sep. 22, 2025 • Applicant Narrative – Vail Housing Department • Exhibit A. Version 1 Redline Amendment 12-13-5(D)(5) • Exhibit B – Version 2 Redline Amendment 12-13-5(D)(5) • Exhibit C. Ordinance No. 20, Series of 2025 • Housing Presentation 68 10/2/2025 C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROGRAMS\EHU POLICIES + PROGRAMS\EHU EXCHANGE CODE AMENDMENT\EXHIBIT C - DRAFT EHU EXCHANGE ORDINANCE.DOCX ORDINANCE NO. 20 SERIES 2025 AN ORDINANCE AMENDING SECTION 12-13-5 OF THE VAIL TOWN CODE REGARDING THE EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM WHEREAS, the Town desires to allow for flexibility in the exchange of current employee housing units to incentivize the immediate acquisition of better-utilized employee housing units in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5(D)(5) of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM. * * * (5) Fee in lieu. (a) The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized and the fee in lieu will allow the Town to acquire additional EHUs that better fulfill the Town's employee housing goals. (b) The fee in lieu amount shall be based on a market evaluation prepared by the applicant that analyzes the value of the exchange EHU and the costs to acquire additional EHUs that better fulfill the Town's employee housing goals. (c) All fees in lieu shall be due and payable within seven (7) days of Town Council's approval, and the proceeds of all fees in lieu shall be used by the Town for employee housing. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 69 2 10/2/2025 C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROGRAMS\EHU POLICIES + PROGRAMS\EHU EXCHANGE CODE AMENDMENT\EXHIBIT C - DRAFT EHU EXCHANGE ORDINANCE.DOCX Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2025 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kaufmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 70 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 22, 2025 SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized. (PEC25-0030)    Applicant: Town of Vail Housing Department Planner: Jamie Leaman-Miller I. SUMMARY The applicant, the Town of Vail Housing Department, is requesting a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange Employee Housing Unit (EHU) upon a finding that the exchange EHU is being underutilized. The Community Development Department recommends the Planning and Environmental Commissions forwards a recommendation of approval to the Vail Town Council for the prescribed regulations amendment. II. DESCRIPTION OF REQUEST The proposal would amend Section 12-13-5, which outlines the criteria and process by which Town Council can approve an EHU exchange, specifically sub-section D related to fee-in-lieu. The proposal would update the fee structure with increased flexibility and expand the number of EHUs eligible for full fee-in-lieu payments. Section 12-13-5(D)(5) Fee in lieu would be replaced in its entirety, see Section IV of this memo for full text changes. 71 Town of Vail Page 2 III. BACKGROUND The EHU exchange program was created in 2008, with a goal to “provide occupied livable, affordable employee housing units within the Town of Vail.” Since it’s inception the program has resulted in dozens of exchanges, with a focus on replacing underperforming deed restrictions. The Town currently holds and administers 1,035 deed restrictions, with an average of two exchanges completed a year. The PEC does not review EHU exchanges, Town Council is the deciding body upon receiving a recommendation from the Vail Local Housing Authority. Section 12-3-5 describes the existing exchange program, which allows Town Council to “release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/or a fee in lieu payment made to the Town of Vail”. The exchange EHUs cannot be part of any employee housing mitigation required by inclusionary zoning or commercial linkage, or as part of an approved development plan. The existing EHU can be exchanged for a proposed EHU within the Town of Vail, per the exchange rate in Section (3), and a fee in lieu can be accepted for the fractional remainder. Per Section (5) (a), the Town Council “may accept fee in lieu payment for the full required square footage only if the exchange EHU was approved prior to July 22, 1994, and has a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full-time employees...”. The proposed amendment would allow Council to accept a fee in lieu to allow any exchange EHU to meet its obligation upon a finding that the EHU is underutilized. IV. PROPOSED TEXT AMENDMENT LANGUAGE Section 12-13-5(D) would be removed and replaced in its entirety. The underlined text is to be removed while the bold text is to be added. The proposed language is also included in Attachment B & C. (5) Fee in lieu. The applicant may provide a fee in lieu payment to the Town of Vail for any fractional portion of the required square footage less than 438 square feet not provided by a proposed EHU, if the proposed EHU does not fulfill the required amount of calculated square footage. (a) The Town Council at its sole discretion may accept fee in lieu payment for the full required square footage only if the exchange EHU was approved prior to July 22, 1994, and has a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full-time employees...”. (b) The fee in lieu calculated amount shall be paid after approval of the application by the Town Council, but prior to recording of the deed restriction release. The fee shall be based upon the current fee structure in place at the time of approval. Early payment of the fee in lieu shall not be accepted prior to approval. The approval for deed restriction 72 Town of Vail Page 3 release shall sunset one year from the date of approval and any fees paid are nonrefundable. (c) The town shall use monies collected from fees in lieu to provide incremental new employee housing units. (5) Fee in lieu. (a) The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized and the fee in lieu will allow the Town to acquire additional EHUs that better fulfill the Town's employee housing goals. (b) The fee in lieu amount shall be equal to the total square feet of the exchange EHU multiplied by the current inclusionary zoning fee. (c) The Town Council may reduce the amount of the fee in lieu upon a showing by the applicant that the fee will result in the Town's immediate acquisition of one or more EHUs in a more desirable location than the existing EHU; provided that the fee shall not be reduced by more than ten (10) percent in any case. (d) All fees in lieu shall be due and payable within seven (7) days of Town Council's approval, and the proceeds of all fees in lieu shall be used by the Town for employee housing. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board (DRB) has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. 73 Town of Vail Page 4 Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application, an evaluation of the application in regard to the criteria and findings outlined by the Town Code, and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with 74 Town of Vail Page 5 structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. CHAPTER 13 EMPLOYEE HOUSING § 12-13-1 PURPOSE. The town’s economy is largely tourist based and the health of this economy is premised on exemplary service for Vail’s guests. Vail’s ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community’s work force. The town recognizes a permanent, year round population plays an important role in sustaining a healthy, viable community. Further, the town recognizes its role in conjunction with the private sector in ensuring housing is available. § 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM. (A) Purpose. The purpose of this section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/or a fee in lieu payment made to the Town of Vail. (B) Applicability. The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of Chapter 23, “Commercial Linkage”, or Chapter 24, “Inclusionary Zoning”, of this title or as part of an approved development plan. (C) Definitions. For the purpose of this section: 75 Town of Vail Page 6 COMMERCIAL JOB CORE. Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the Town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. EXCHANGE EHU. The existing nonprice appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. PROPOSED EHU. The existing, non-deed restricted dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. (D) General requirements. The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction, and/or the payment of a fee in lieu, as described in subsection (D)(5) of this section. (1) Exchange EHU requirements. 76 Town of Vail Page 7 (a) The exchange EHU shall not be part of any employee housing project developed or deed restricted (in part or in whole) by the Town of Vail. (b) The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage or as part of an approved development plan. (c) The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements and the like), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. (2) Proposed EHU requirements. (a) The proposed EHU(s) shall be located within the Town of Vail. (b) The proposed EHU(s) shall be within a homeowners’ association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the Administrator. (c) The proposed EHU shall comply with the minimum size requirements shown in Table 13-2 of this section. (d) The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. (e) The property on which the proposed EHU is located shall comply with Chapter 10, “Off-Street Parking And Loading”, of this title. (f) The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. (3) Exchange rate for proposed EHUs. 77 Town of Vail Page 8 (a) If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two times the gross residential floor area (GRFA) of the exchange EHU. (b) If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three times the gross residential floor area (GRFA) of the exchange EHU. (c) If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half times the gross residential floor area (GRFA) of the exchange EHU. (d) If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two times the gross residential floor area (GRFA) of the exchange EHU. (4) No credit given. If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in subsection (D)(3) of this section, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the commercial linkage or inclusionary zoning employee housing mitigation banks established by §§ 12-23- 7 and 12-24-7 of this title. (5) Fee in lieu. The applicant may provide a fee in lieu payment to the Town of Vail for any fractional portion of the required square footage less than 438 square feet not provided by a proposed EHU, if the proposed EHU does not fulfill the required amount of calculated square footage. (a) The Town Council at its sole discretion may accept fee in lieu payment for the full required square footage only if the exchange EHU was approved prior to July 22, 1994, and has a deed restriction that includes the language stating “if the unit is rented, it shall be rented only to tenants who are full-time employees...”. (b) The fee in lieu calculated amount shall be paid after approval of the application by the Town Council, but prior to recording of the deed restriction release. The fee shall be based upon the current fee structure in place at the time of approval. Early payment of the fee in lieu shall not be accepted prior to approval. The approval for deed restriction release shall sunset one year from the date of approval and any fees paid are nonrefundable. 78 Town of Vail Page 9 (c) The town shall use monies collected from fees in lieu to provide incremental new employee housing units. Existing EHU square feet x inclusionary zoning fee = fee in lieu payment (E) Fees. The Town Council shall set an application fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of the application, and shall not be refundable. (F) Review process. (1) Submittal requirements. The Administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the Administrator and filed in the Community Development Department. Certain submittal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The Administrator and/or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. (2) Review procedures. (a) Administrator review. The Administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within 14 days of application submittal. Should the Administrator deem that the application is incomplete or not in compliance with this section, the Administrator shall deny the application. Should the Administrator deem the application is both complete and in compliance with this section, the Administrator shall forward the application for review by the Vail Local Housing Authority. (b) Vail Local Housing Authority review. The review of a proposed employee housing deed restriction exchange application shall be held by the Vail Local Housing Authority at a regularly scheduled meeting. A report of the Community Development Department staff’s findings and recommendations shall be made at the formal hearing before the Vail Local Housing Authority. Within 20 days of the closing of a public hearing on a proposed amendment, the Vail Local Housing Authority shall act on the application. The Vail Local Housing Authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The Vail Local Housing Authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council. 79 Town of Vail Page 10 (c) Town Council review. Upon receipt of the report and recommendation of the Vail Local Housing Authority, the Town Council shall set a date for hearing within the following 30 days. Within 20 days of the closing of a public hearing on the application, the Town Council shall act on the application. The Town Council shall consider but shall not be bound by the recommendation of the Vail Local Housing Authority. The Town Council may approve, either in accordance with the recommendation of the Vail Local Housing Authority or in modified form, or the Town Council may deny the application. (d) Appeal. Administrator and Town Council decisions may be appealed in accordance with the provisions in § 12-3-3, “Appeals”, of this title. (3) Criteria and findings. (a) Criteria. Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in § 12-23-3 of this title; 3. The effect of any homeowners’ association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; 4. The correlation between any homeowners’ association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners’ association; 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. (b) Necessary findings. Before recommending and/or granting an approval of an employee housing deed restriction exchange application, the Vail Local Housing Authority 80 Town of Vail Page 11 and the Vail Town Council shall make the following findings with respect to the application: 1. The application meets the general requirements of subsection (D) of this section; 2. The application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 3. The application furthers the general and specific purposes of the zoning regulations, § 12-1-2 of this title, and the employee housing regulations, § 12-13-1 of this chapter; and 4. The application promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. (Ord. 31(2008) § 1; Ord. 10(2011) §§ 1, 2, 3, 4; Ord. 23(2016) § 1) VAIL HOUSING 2027 Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America’s premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community-driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant 81 Town of Vail Page 12 challenge. Mission: Maintaining and Sustaining Community - We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail Policy Statement: Resident Housing as Infrastructure - We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. VAIL 2020 STRATEGIC ACTION PLAN Land Use and Development Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect planning document updates, including the Sign Regulations, Zoning Regulations and Development Standards Handbook. Goal #3: Ensure fairness and consistency in the development review process. Actions/Strategies • Provide transparency of the review process by improving communications. • Embrace policies and practices that ensure honest governmental interaction. • Define ways in which to improve communication with the public. • Review and improve policies regarding notification of design review applications. • Provide adequate training for members of the town’s boards, commissions and committees regarding goals and purposes for regulation. • Develop a streamlined design review process and include in regulation updates. Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions/Strategies • Update housing regulations to include more zone districts that are required to provide employee housing. • Redevelop Timber Ridge to increase number of employee beds. • Use employee housing fund for buy-downs and other programs that will increase the number of employees living within the town. • Address the zoning regulations to provide more incentives for developers to build employee housing units 82 Town of Vail Page 13 VII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. VIII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The purpose of the exchange program in 12-13-5 is to “provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program.” The proposal allows Council to accept a fee in lieu for an exchange EHU upon a finding that the EHU is being underutilized. The exchange of these underutilized EHUs, per the Housing Department metrics, for better performing EHUs will facilitate an easier path for exchange to better meet the intent of the employee housing section. Staff finds that the proposed text amendment meets this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed amendment is compatible with the development objectives of the town, and better implements several objectives of the comprehensive plan, as laid out in Section VI above. Specifically, the amendment will help meet the goals of the 2027 Housing Plan by increasing the opportunity for underperforming EHUs to be exchanged and contributing to the funds used by the Town for employee housing. The amendment also meets Town goals by updating the EHU exchange review process and decreasing barriers in comparison with the current process. Staff finds that the proposed text amendment meets this criterion. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The proposed amendment is the result of recommended updates to the code based on the Town’s experience exchanging and administering EHU deed restrictions. The proposal allows additional flexibility with the fee structure and expands the number of EHUs eligible to participate in the program as well as the options available to meet the exchange obligations. 83 Town of Vail Page 14 Deed restrictions themselves have evolved over time and changed since the original adoption of the current code language. The change in the language is needed to ensure that the deed restrictions in place are being utilized for their intended purpose and provide an avenue for those that do not meet the intent to be released and provide funds to attain restrictions that meet the intent of this Chapter. Staff finds that the proposed text amendment meets this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The amendment will result in a more efficient and expanded process, as well as incentivizing exchanges for underperforming or non-compliant EHUs, resulting in employee housing that aligns with the Town’s development goals. Staff finds that the proposed text amendment meets this criterion. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or Council determine other factors or criteria applicable to the proposed text amendment. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized. (PEC25-0030)” 84 Town of Vail Page 15 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VIII of the September 22, 2025 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Applicant Narrative B. Draft Ordinance Amendment C. Redlined Version 85 Present: Absent: Robyn Smith Brad Hagedorn David N Tucker William A Jensen Robert N Lipnick Craig H Lintner Jr John Rediker 1. Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2. Call to Order 3. Main Agenda Planner: Greg Roy Applicant Name: Douglas Walker, represented by Eagle River Water and Sanitation District Time: 30 Min 3.1 A request for review of a variance from Section 14-10-9(E), Height Limitations, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, for retaining walls in excess of six feet in height, located at 765 Potato Patch Drive, Lot 33, Vail Potato Patch Filing 1. (PEC25-0027) Planner Roy gives a presentation. He walks through the site plan Dan Duerr and Jeff Schnieder with ERWSD are representing the applicant. They give a presentation. No questions from PEC. Hagedorn asks for public comment. No public comment. Tucker, the solution is as elegant as it can be, and the adjoining property owner has signed off. It’s a necessary piece of infrastructure. Lipnick, the review criteria are met. Planning and Environmental Commission Minutes Monday, September 22, 2025 1:00 PM Vail Town Council Chambers PEC25-0027 Staff Memo.pdf Attachment A. Vicinity Map.pdf Attachment B. Applicant's Narrative.pdf Attachment C. PEC25-0027 Plans.pdf Attachment D. PEC25-0027 Documents.pdf 1 Planning and Environmental Commission Meeting Minutes of September 22, 2025 86 Jensen, supportive of variance, it is an extraordinary circumstance. It supports the entire community and there is not a viable alternative. Smith agrees, extraordinary circumstances. Hagedorn, these are exceptional circumstances, this infrastructure plays a critical role, any alternative solution would have an adverse impact on vegetation. Planner: Heather Knight Applicant Name: Beaver Capital I, LLC, represented by Mauriello Planning Group and Pierce Austin Architects Time: 90 min. 3.2 A request for review of Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for redevelopment of the Concert Hall Plaza Condominiums, located at 616 W. Lionshead Circle, Lot 1, Vail Lionshead Filing 4. (PEC25-0023) Timestamp: 00:12 Item heard concurrently with 3.3. Planner Knight gives a presentation. She talks about the Lionshead portal on the west side. She walks through the elevations. The only variance is for underground parking, there are no design deviations. Smith asks about bathroom access, based on public comment. Knight says the applicant can address the floor plan. Hagedorn, based on LMU-1 is there a requirement for first floor commercial? Knight, there are permitted uses, but no requirements for specific uses. The applicant is represented by Dominic Mauriello with Mauriello Planning Group and Reed Kildow and Kit Austin with Pierce Austin Architects. Mauriello gives a presentation. He talks about community outreach, overview of changes, and criteria for review. Mauriello talks about the 1992 condo map and the history of that. He talks about the stepbacks on the north elevation. Smith and Mauriello discuss the floor plans and bathrooms. Jensen, there are a lot of positives, but it’s important to have a restroom that is convenient. Austin, it’s a key point where a restroom is needed, each space will need a restroom. The way it’s setup now works well, we’ll create a plan to maintain them. Robert N Lipnick made a motion to Approve with the condition on pg. 8 and the findings on pg. 9 of the staff memo; Robyn Smith seconded the motion Passed (5 - 0). PEC25-0023 CHP Major Exterior Alteration Staff Memo-Final.pdf Attachment A. Vicinity Map - Concert Hall Plaza Condos.pdf Attachment B. Applicant Narrative & Title.pdf Attachment C. Architectural Plan Set.pdf Attachment D. Elevations and renderings.pdf Attachment E. Lionshead Redevelopment Master Plan Updated 12292017.pdf Attachment F. CHP_1992_Plat.pdf Attachment G. Lionshead_loadingdelivery.pdf Attachment H. Concert Hall Plaza Public Comment 9-22-2025.pdf 2 Planning and Environmental Commission Meeting Minutes of September 22, 2025 87 Hagedorn, there might be efficiency to be gained to not have to burden small restroom spaces, if that is a possibility. Smith asks about potential patios on south and east that were discussed last time. Mauriello, we could come back and ask in the future if we need it, wanted to keep the ask to a minimum. Tucker asks about mechanical equipment, didn’t see venting in the plans. Is there access to the roof for servicing that equipment? Mauriello, we haven’t had full MEP review yet. Austin talks about some of the proposed venting. We have considered it, we have a path to move forward, should be of minimal impact. Tucker, is there a consideration of enlarging commercial space in the new build? Mauriello, we’ve maximized those spaces, not an opportunity to make them bigger. Hagedorn asks for public comment. Samantha Sunshine, has had a business in CHP for the last 10 years. Wants to speak about how valuable the current one is. Sees people overflowing at Little Diner, waiting by the bus, it’s an important hub for connection. Concerned that the proposed smaller portal will limit CHP as a gathering point. The Little Diner is a huge asset for Vail, a beloved institution. Nine luxury condos and high prices spaces are not what Vail needs. She grew up here, lives here, local businesses have power here and keep visitors coming back. Development is inevitable but it can be done in a different way. We should support relocation or compensation for long-standing businesses here. Strength is not in more residential units, but in people and businesses that make it special. No further public comment. Smith, it meets all the criteria for MEA and variance. It is consistent with the LRMP, and comprehensive plan. The degree of design deviation is proportionate to the extent of the improvements proposed. We’ve encouraged as much commercial as we can. Doesn’t believe there are design deviations, but it is a portal and acting as a standalone structure portal which is above and beyond what was anticipated in the master plan. There is mitigation of development impacts, improving streetscape, making donations to public art. The displacement of businesses and losses of commercial space is an unfortunate impact of this development; we don’t have policy tools to prevent or mitigate the displacement of these businesses. There’s nothing we can do to require them to bring back these businesses, we can hope so. The variance is warranted. The PEC asked the applicant to submit for expanded outdoor dining on the south side. It would be better if it was in the patio not the easement. Hope you can incorporate one public bathroom. Jensen, agrees with Smith. There are some beautiful things in Lionshead and things that have lived a life from the 70s. The project in the 70s was rushed because of the growth. Likes the vibrancy and warmth of this project, portals are critical to the long-term success of Lionshead. Strongly believes that one restroom is the right answer so developer should consider that. Wants to speak emotionally about current tenants, believe people make the difference, worries our community becomes too brand driven and loses some of its character. Loss of commercial space is troubling but understandable. Suggests developer thinks long and hard about current tenants, talks about experience with his businesses in Tahoe. Doesn’t want to see Little Diner go either but asks developer to really look and see if there’s a solution they can participate that maintains some of that spirit. The PEC looks at things against the list of rules. We have to rely to some extent on the developer of this project to understand the significance that the businesses bring to our community. Lipnick, the review criteria are met. Agrees more commercial space would be good, one restroom is adequate. Can Town Council loan money to the businesses? Redevelopment is necessary but 3 Planning and Environmental Commission Meeting Minutes of September 22, 2025 88 concerned about putting out local businesses if not necessary. Tucker, agrees with fellows. Emotionally it is difficult, it’s good that more people now have an interest in development in Vail. Seconds Smith’s call for more outdoor seating, the right thing for public benefit would be a shared restroom to maximize space for seats. The variance is something that has been approved before. Appreciates the applicant taking time to answer our questions. Hagedorn, this building was originally built with no parking. This redevelopment requires that it is parked, it’s the reason why below grade commercial is no longer feasible, driving some of the loss of commercial space. The PEC has pushed hard for commercial on the ground floor, appreciates applicant doing that to the extent possible. This body implements policy, it does not set policy, we have no current provision for compensating businesses for displacement. Would hate for public outreach to die here, these opinions are something Council could consider from a policy standpoint. The PEC doesn’t have the leeway to implement those policies; the Town Council does. This proposal has made a lot of strides, the portal has come a long way, the easement is wider on average. You’ll go through DRB agrees that one restroom is the way to go. The one deviation is outweighed by the greater stepbacks on other facades. Below grade parking is not visible and is consistent with past decisions, some of the neighboring building have similar variances. The on-grade access is an improvement. Please see item 3.5 for attachments Planner: Heather Knight Applicant Name: Beaver Capital I, LLC, represented by Mauriello Planning Group and Pierce Austin Architects Time: 5 min. 3.3 A request for review of a variance from Section 12-7H-10 Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a below grade parking garage located within the required ten foot (10’) setback, located at 616 W. Lionshead Circle, Lot 1, Vail Lionshead Filing 4. (PEC25-0022) Item 3.2 & 3.3 are heard concurrently. Planner: Greg Roy 3.4 A request for recommendation to the Vail Town Council, pursuant to Section 3-2-6A, Function, Vail Town Code, to amend Conceptual Building Height Plan of the Vail Village Master Plan. (PEC25-0025) This item will be heard concurrently with item 3.5. Applicant Name: Lunar Vail Land Investments, LLC represented by Ruther Associates LLC Time: 5 min Timestamp: 01:27 Item 3.4 heard concurrently with Item 3.5 and Item 3.6. Roy gives a presentation. There is a request to be tabled at the conclusion of the items. William A Jensen made a motion to Approve with the conditions and findings on pg. 12 & 13 of the staff memo; Robyn Smith seconded the motion Passed (5 - 0). PEC25-0022 CHP Variance Staff Memo-092225.pdf Robyn Smith made a motion to Approve with the conditions on pg. 8 & findings on pg. 9; William A Jensen seconded the motion Passed (5 - 0). 4 Planning and Environmental Commission Meeting Minutes of September 22, 2025 89 The applicant is represented by George Ruther with Ruther Associates. Ruther gives a presentation. Hagedorn wants to understand how we got here. A lot of the arguments for an SDD are tying into what has been done before and what might be done, therefore we should be able to do that. Altus height was 70’ height, Mountain View was 48’. In Vail, height is measure to grade lines. The way Altus got to 70 feet was public benefit, there was a 1:1 ratio of EHUs to dwelling units and that was a large public benefit for that height. The other portion of 48’ is in in compliance with HDMF. Are you meeting the level of public benefit that was proposed at SDD 42? Ruther, we think we exceed it. It was approved but did not endure. We increased the number of EHUs on site, our pay in lieu will exceed any pay in lieu benefit that has been afforded to any other SDD. We were encouraged by the Town to provide a substantial pay in lieu so that the Town could go out and provide housing elsewhere in the community. Hagedorn, you’re creating a lot more building face. Near the path to Ford park, the hillside does provide a buffer currently. It’s helping you by digging out the garden level, but it’s exacerbating the mass of the building. How do you mitigate it from the common public way? Ruther, you leave the slope to create that berm, we are proposing to touch nothing on the stream tract. The south face is more exposed than the northside. The grades are pretty consistent across the site, we’re going to set the top of our building at the same height. Our site dips down in the center, creating a dip there would create challenges for access. The hillside is mostly native now, vertical landscape elements can significantly mask the building. We don’t have to do massive excavation to expose one more floor of building. Smith, agrees on the impact on the path. The main concern is the south face, feels like it would be visible and obscure the peak of golden peak. What would it look like from the path with the berm? Ruther, when we come back we can show the true grading condition in front of the south elevation. Smith, the expectation of four stories along the creek, it makes sense if that’s what it looks like. Jensen, surprised that your public benefit is you’re creating more rooms or beds. Are EHUs public benefit? It’s just a requirement of development. Needs to understand from staff how this ended up at a lower height/density versus surrounding properties. The height and mass appears taller, regardless of the measurement. Struggling with the why of the SDD request. Tucker, also needs to understand the why of the request. The technicality is explainable but how is that perceived to fit into the design guidelines, and requiring the SDD to achieve building objectives? Still wrapping head around it. Using previous development to talk about future development, that’s not how our code is written to get to a decision. Ruther, the master plan says north half is 5-6 stories, southern half says four stories. The Wren the entire property is 5-6 stories, 4 stories for VMV and Altus. We’re drawing our direction from master plan. Smith, it used to be that every condo building was special enough to get a SDD. Looking at Master plan, how do you put 5 or six stories in a zone district that is 48 feet. Is it 5-6 stories up? Ruther, there were some recommendations in the master plan that may never have been followed through, he had the same question. Roy, part of that is because floor to floor heights have changed in terms of the norm. Smith, of all the properties in this stretch, this makes sense for an SDD because of the shape and the grade. There is hardship that may be met for some of the standards, at some point it tips the needle from variances to SDD, understand why an SDD. 5 Planning and Environmental Commission Meeting Minutes of September 22, 2025 90 Smith, how did you get to the higher amount of fee you’re proposing than what is required? Ruther, in addition to the inclusionary zoning requirement we’re proposing a fee in lieu. There might be room for more EHUs on site, but believes finding opportunities elsewhere in Town is a great benefit. Smith, it would be helpful to spell out that difference. Jensen, we pick a number based on now, but costs change over time. Don’t know if you get 100% benefit when a project finally happens. Ruther, recommends the Town not holding money, invest the money when you can. Roy, Town Code asks for units to be developed onsite, and fee in lieu is generally fractional. Smith talks about some of the recent housing changes, the fee in lieu rate was recently increased for the first time in eighteen years. Suggests that the specifics of timing should be clarified. Ruther heard for years that the Town’s EHU policy should look to the Town first. We’re willing to look at that language here, employees of the Town. Smith wants to make sure the Housing department agrees. Adding another type of deed restriction and complexity for a few units could be an additional administrative burden. Hagedorn, we need a Title 12 rewrite at this point, we’re not living in a land of code reality with Title 12, if that’s where it’s going its reasonable that Council gives us that direction with Title 12. Ruther, EHUs are tied to the real estate market which is flexible but town code is not as quickly adaptable. Hagedorn asks for public comment. Howard Willard lives in Mountain View. This development is wrong for the neighborhood and would negatively impact the neighbors, Vail, and user of the pedestrian path. The buildings in VMVR, Altus, did require some modest variances from underlying HDMF zoning. The magnitude was much smaller than lunar vail is asking for, met less than 55% above grade site coverage requirement. The request for 70’ on the north frontage road, was controversial at the time but justified by the number of EHUs on site, not offered by Lunar Vail. There is also a big difference in height on the south side. They’re requesting 6 variances, this second proposal is only marginally better, still massive overdevelopment of the site. Debbie Charles, an owner at the Wren. A lot of what they’ve shown you has been cherry picking. The Wren is not thinking about redeveloping at this point. Do not support this project, look at the details, it is too big in many ways. Jay Levine, president of VMVR HOA. Now once again we’re presented with an egregious proposal, doesn’t work in tranquil east vail. It is too tall and too massive and ugly. The developer has not listened to the neighbors, the minor changes made still leave it in violation of many standards. This project is not in the interest of the neighbors or Vail itself. We do not oppose development, but not this way. Lisa Widmier with VMVR. Urge you to reject the proposal, not in the interest of the community or the environment that makes Vail unique. Designed purely to maximize profit, not to benefit the Town or its residents. The mass and height are out of scale for the neighborhood, will overshadow Gore Creek and the pedestrian trail to Ford Park. This project erodes Vail’s natural appeal. Also has concerns about emergency access. Who benefits from this project? Not the Town’s workforce. Please oppose this project, protect Vail. 6 Planning and Environmental Commission Meeting Minutes of September 22, 2025 91 Laura Willard, secretary of board at VMVR. Readys a statement from Mark Caplin, an owner at VMVR. Not supportive of the plan, they have not gone far enough in reducing the overdevelopment of this site. Willard shares her own view; very concerned about fire lane and safety, setbacks need to be adhered to here. This development is too large, too big for the neighborhood. Kevin Mushlin, on behalf of Ivan, unit 406. He’s been coming to Vail for 10 years, purchased in Altus in 2022. Concerned about this proposal, agrees with prior speakers. Urges PEC to reject this project the way it is. The zoning regulations are not there to be broken for the benefit of the developer at the expense of the neighborhood. Wants to make sure the Town of Vail remains what it is, and property values are protected. Jacqueline Grosser in Altus. Agrees with others. Also concerned with the flow of traffic in that three way stop. Andrew Ovey, a resident at VMVR. Echoing previous comments, massing is out of keeping with the site. Dave Zessin, president of Apollo Park HOA. There has been speculation on redevelopment since 2014 until approached by Lunar Vail four years ago. We think moving forward on a wholistic redevelopment is the right thing to do. We looked at several scenarios, this developer does good projects and that’s what we want. This is opportunity for us to redevelop this building and our middle class people get to stay in Town. Lisa Widmier asks what the developer has promised owners of Apollo Park. Dave Zessin continues. Since 2008 we've thought about developing the east half of the property as Phase 2. When Mountain View and Altus went up we didn’t provide comment, that’s between the Town and developer to figure out what’s best for the site. Ruther says thank you for your comments, they will respond to those at the next meeting. We continue to reach out, we want to be good neighbors. We take 9,000 sf, we reduce units and now they request changes. We want to work with neighbors, but need concrete recommendations and solutions. We compare to neighbors because we ask for equitable review, we’re showing a project less impactful than some of the things in the area. Commissioner comment. Tucker, appreciates hard work of applicants. The neighbors will have concerns, it’s tough to be caught with a project that’s so fully developed and what code says versus what other projects have been allowed to do. Looks forward to continued discussion, appreciates that you will be reaching out to neighbors. Jensen, would prefer to see a step down. Wants to see it redeveloped, how do we find the right model to achieve that? There is more mass there than would like to see. Appreciates all the effort, you’ve dotted a lot of I’s so give you credit. Appreciates Smith’s comments, what you’re proposing on the EHU has public benefit, would like to see more details of that. Blue Cow Chute, how many more cars in that intersection? Smith, this is a surface parking lot prime for redevelopment. An SDD does make sense for this site to achieve a creative development that is in the public interest. It would help to define what the public interest is. It’s worth pointing out to public, the zoning and master plan hasn’t substantially changed but fire and landscaping requirements have changed, even since Altus or VMVR. People who wrote master plan couldn’t have imagined the size of a fire truck now. Apollo Park is carrying a lot of landscape water for surrounding properties currently. Wren has five feet of grass and no landscape screening on the property. It would be helpful to have shared fire access, would like to figure out housing recommendations from staff and council. Reiterates Hagedorns point, there is too much parking in the plan. Important that we figure out expectation for the Wren so there is congruent plans. 7 Planning and Environmental Commission Meeting Minutes of September 22, 2025 92 Hagedorn, in terms of height, the northern façade is getting there, apparent height from frontage road is down. It’s a sloping site but people deal with those all the time. Still concerned about south side, still reading as six story buildings from the creek path. The master plan says it is appropriate to have more density along the frontage road. 48’ limit on Mountain View was represented for approvals. The master plan allows for additional density as incentive to redevelopment, without talking public benefit we’re over the line of what is acceptable. Understand your constraints but it is part of the site, it’s what people have to comply with on a modern development. Planner: Greg Roy Applicant Name: Lunar Vail Land Investments, LLC represented by Ruther Associates LLC Time: 90 min 3.5 A request for a recommendation to the Vail Town Council for the establishment of a new Special Development District, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a multi-family project, located at 442 South Frontage Road East/ Vail Village Filing 5, Tract D. (PEC25-0026) Items 3.4, 3.5, & 3.6 are heard concurrently. See item 3.5 for staff report and attachments Planner: Greg Roy 3.6 A request for review of a Conditional Use Permit amendment, pursuant to Section 12-6H-3 Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Use Permits, Vail Town Code, to allow for timeshare units, located at Located at 442 South Frontage Road East/ Vail Village Filing 5, Tract D. (PEC25-0024) Applicant Name: Lunar Vail Land Investments, LLC represented by Ruther Associates LLC Time: 5 min Items 3.4, 3.5, & 3.6 are heard concurrently. 3.7 A request for a recommendation to the Vail Town Council for a prescribed regulations Robyn Smith made a motion to Continue to the meeting on October 13th; William A Jensen seconded the motion Passed (4 - 0). Staff Memo PEC25-0026 (SDD) & PEC25-0024 (CUP).pdf Attachment A. Applicant's Narrative.pdf Attachment B. Lunar Park Traffic Assessment 7-17-25.pdf Attachment C. Lunar Park - EIR - 7-23-25.pdf Attachment D. PEC25-0026 Documents.pdf Attachment E. PEC25-0026 Plans Part1.pdf Attachment E. PEC25-0026 Plans Part2.pdf Attachment E. PEC25-0026 Plans Part3.pdf Attachment F. Lunar Park Public Comment 9-22-2025.pdf Attachment G. PEC Results 9-8-25.pdf Attachment H. Applicant Presentation.pdf Robyn Smith made a motion to Continue to the meeting on October 13th; William A Jensen seconded the motion Passed (4 - 0). Robyn Smith made a motion to Continue to the meeting on October 13th; William A Jensen seconded the motion Passed (4 - 0). 8 Planning and Environmental Commission Meeting Minutes of September 22, 2025 93 Planner: Jamie Leaman-Miller Applicant Name: Town of Vail Housing Department Time: 60 Min amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized. (PEC25-0030) Timestamp: 04:03 Planner Leaman-Miller (LM) gives presentation; he describes the proposal and gives the background of EHU exchange program. He reviews the existing code language and the proposed language. Jensen asks about the 7-day payment, is it tied to building permit? LM states that it is a slight adjustment to the current code. Anna Bengston of Housing department can answer that further. Planner Roy clarifies. He states it is 7 days from Town Council approval of the exchange. These are existing properties, so there is no new development and no building permit. If approved for the exchange, payment would be due in 7 days of approval. Tucker asks what is driving this change? Roy states that it is best for the applicant to answer that. Housing Director Jason Dietz also answers that Bengston can answer that. Bengston introduces herself. She describes the changes to the program. Housing wants to make sure that existing deed restrictions meet the needs of the community. They want to identify those that are underutilized. She identifies three goals: expand the ability of the fee-in-lieu portion, address the challenges in current EHUs (non-comliance, etc(, and provide another tool to make EHUs more successful. She adds that the hope is to facilitate turnover of underutilized units and utilize TOV owned properties like Timber Ridge. Bengston adds that the exchange multiplier will still apply but this would allow for negotiation with fees regarding units with known issues. Jensen describes a scenario where there is a 25-year-old EHU and the owner is not working anymore. The market value of a non-deed restricted unit is higher now. Can they enter negotiations with the Town to get rid of deed restriction? Dietz states that there are many cases where units are no longer being utilized or rented and the idea here is to convert that to more units or more affordable units. It is not proposed for monetary gain. There is a retirement policy in place. He adds that there are instances of poor HOA treatment towards EHU tenants and the intent is to protect interests of the local renter. Jensen follows up with a scenario of a unit turned storage unit of sorts. Dietz agreed that there are a lot of underutilized units out there and brings up the poor treatment by HOAs. We want to create more affordable units instead of units that are sitting empty. That is the direction from the Town's legal department. Jensen asks if Housing is comfortable with the draft of the language that is proposed? Does it address the issues and the intent? What did you not forsee? Dietz states that is why they are looking at old deed restrictions. Trying to adapt to changing times.We are trying to take existing deed restrictions that don't work and turn into something that works as a funding source. Jensen asks how successful do you see this being in 12-36 months? Dietz replies that they are trying to knock out multiple under-performing units, hopefully 10-20 in a PEC25-0030 Staff Memo.pdf A. Applicant Narrative - Vail Housing Department.pdf B. Draft Ordinance Amendment.pdf C. Redlined Version - Existing and Proposed Language.pdf 9 Planning and Environmental Commission Meeting Minutes of September 22, 2025 94 timely fashion. Hagedorn asks when the fee in lieu amount was last updated. Dietz states earlier this year but before that, it was 10 years. Smith adds that it was actually18 years and was lowered in that 18 years. May was the first rise. Dietz states that the fee in lieu data was based off of AMI data but is a lagging indicator that is a few years behind. We should update this annually. Hagedorn asks if it can be assumed that it went up in May? Smith states that it doubled. Dietz agrees. Jensen asks if this is a negotiated process? Dietz says yes. Hagedorn asks if this is another back door method to prop up Timber Ridge? Dietz states that it is one of the many strategies to increase affordability of TOV EHU portfolio, buy down units and partnered with Habitat on 10+ units. Eagle County might fund some too. Middle income level is tough. TOV has put in 10s of millions of dollars to help with affordability of Timber Ridge and West Middle Creek. Theres a massive demand for more affordable units at Timber Ridge, and we need to drive down the affordability of these units. Tucker asks are there ways to have HOAs maintain the EHUs on site? What are we doing to protect these units? Dietz states that it need to be approved by Town Council. We don't want people to be happy in EHUs and then the owner sells it. We are looking at the ones that are empty. Jensen asks why we aren't targeting high-performing EHUs then? Dietz, no, the language states underperforming. Staff would not recommend that conversion to TC. Smith asks if there would be a multiplier depending on geographic location? Dietz states yes, that is still in place as it exists today in our code. Smith clarifies that if it is on Beaver Dam, would we get more than $675 per square feet? This is an opportunity to make more for housing. Dietz states that it is a 3 to 1 ratio for fee-in-lieu in that area, but it would have to be underperforming. Smith asks about available GRFA and if the EHU transfers out. Could it be over GRFA? Roy adds that it would require a DRB application to analyze GRFA allowance Smith asks about how to remove EHU and meet GRFA. Smith adds that she thinks this is fully baked and Town Council will make the final decision. They are going to do what they're going to do. If we exchanged every EHU in Vail, we would get double the housing money. I would support it as I don;t think we could change it. Council is putting a priorty on housing. Hagedorn asks about the definition of underutilized. Is it council to decide that? Dietz adds that staff would guide Council on that. Smith adds that there should be guidelines in the housing guidelines for that. Criteria for review should be added. No further questions. Public comment: Galen Oslind, 35 year resident of Vail, architect, on PEC. He refers to a map of 1970 Vail, describes the large lots that started Vail. Then refers to 1979 Ordinance #22 that created smaller lots with larger density. He talks about County land vs Vail land in West Vail. He talks about 1992 when the EHU need was established. He refers to past EHU exchanges and how the rate was based on the cost of the overall property, it appeared to be less than 1% of property value on Mill Creek Circle. Is this equitable across all lots throughout Vail? He also talks about how TOV housing has continually mis-represents his EHU size. Lauren Wallace asks about the definition of under-utilized. She states that HOA bullying should not be a reason. 10 Planning and Environmental Commission Meeting Minutes of September 22, 2025 95 4.1 PEC Results 09-8-25 5. Information Update 5.1 Upcoming Text Amendment on Eating and Drinking Establishments 6. Adjournment Commissioner comments: Smith states that she has said her piece. Jensen states that the language is broad. 1% seems to be the value. He can't help but feel that this will benefit Timber Ridge even though he does like mortgage buy-downs of the Timber Ridge program. He needs a better definition to parts of this but trusts the Town Council. This is for the long-term. Tucker echoes Jensen and Smith. He needs a language to define under-utilized. There is a long history of buyouts and it's hard to get people to build EHUs in the first place. Hagedorn states that so much lately is focused on supporting Timber Ridge. More framework is needed. He can't get here on this and his vote is a no. Jensen adds that he will also vote no but can make a motion. He urges them to come back with revisions. William A Jensen made a motion to forward a recommendation of denial finding it does not meet the findings on page 15 of the staff memo; Robyn Smith seconded the motion Passed (4 - 0). 4.Approval of Minutes PEC Results 9-8-25.pdf William A Jensen made a motion to Approve ; Robyn Smith seconded the motion Passed (4 - 0). Draft Language 09-22-25 PEC Info Update.pdf Community Development Director Matt Gennett gives up update on this topic, they will be back on the 13th with further information. 5.2 Vail Village Master Plan Amendment - Red Lion Building Proposed Vail Village Master Plan Amendment - Red Lion Building (1).pdf George Ruther with Ruther Associates gives a short introduction to the topic. They will be back on the 13th with additional information. William A Jensen made a motion to Adjourn ; Robyn Smith seconded the motion Passed (4 - 0). 11 Planning and Environmental Commission Meeting Minutes of September 22, 2025 96 To: Town Council From: Jason Dietz, Housing Director Anna Bengtson, Housing Development Specialist Date: October 7, 2025 Re: Proposed Amendment to Vail Town Code, Section 12-13-5(D)(5) PURPOSE and NEED Town Staff is proposing an amendment to Vail Town Code Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program. The Employee Housing Unit (EHU) Deed Restriction Exchange program allows Town Council to release an existing EHU deed restriction in exchange for placement of a new deed restriction on another dwelling unit or a fee in lieu payment to the Town. Since 2002, the Town has completed an average of two exchanges a year. These exchanges are focused on helping turnover underperforming deed restrictions. The proposed amendment is intended to provide additional flexibility for fee in lieu exchanges that will further incentivize the transition of underutilized deed restrictions into new housing opportunities. ISSUE BACKGROUND The Town of Vail currently administers 1,035 deed restrictions and has an additional 570 new deed restricted homes under construction. While Town Staff continue to pursue the Vail Housing 2027 goal to “acquire 1,000 additional resident housing unit deed restrictions,” they are also working to ensure that existing EHU deed restrictions are effectively meeting the needs of the community. To this end, Town Staff monitor EHU compliance and try to facilitate the exchange of EHUs that are not functioning as intended. There are several scenarios that result in underutilized EHU deed restrictions that Town Staff would target for turnover. Unrented units with pre-1994 deed restrictions are a good example. All deed restrictions with the Town typically include a rental requirement related to term (i.e. must be rented for longer than 30 days) and employment (i.e. renter must work an average of 30 hours/week in Eagle County) as well as a compliance reporting requirement (i.e. must annually submit an affidavit). There are currently 44 deed restrictions dated before 1994 that do not have rental and/or compliance reporting requirements. According to data collected in 2024, 18 of these units are rented to local workers and are supporting local housing efforts. Though Town Staff do not have a full set of usage data, the remaining 26 units represent potential exchange opportunities to improve EHU availability, utilization, and administration. Through the EHU exchange program, Town Staff can help transition underutilized EHUs into new housing opportunities that further the Town Council’s 5-Year Strategic Plan goal to expand upon the continuum of housing. There is an immediate opportunity to utilize funds generated by 97 Town of Vail Page 2 the EHU exchange program to further invest in the successful partnership with Habitat for Humanity at Timber Ridge Village. Because of Town of Vail and Eagle County investments to date, 10% of the Timber Ridge Village project are dedicated Habitat for Humanity units selling at 80% Area Median Income (AMI) with 0% 30-year mortgages. Town Staff are not only interested in leveraging new EHU exchange program dollars to support the Timber Ridge Village project, but also in continuing to create deed-restricted housing opportunities at lower AMIs. PROPOSAL, PROCESS, and FEEDBACK The Town has historically completed an average of only two EHU exchanges per year. Enhancing EHU exchange opportunities by adjusting the structure and implementation of fee in lieu payments could help catalyze more strategic EHU exchanges, improve EHU management and performance, and assist the Town in pursuing desired EHU acquisitions. To this end, Town Staff is proposing to amend Vail Town Code, Section 12-13-5(D)(5) (see attached Exhibit A). The recommended amendment fully replaces the existing fee in lieu language and has three key changes. First, it authorizes the Town Council to accept full fee in lieu payment for the exchange of all “underutilized” EHUs. Second, it reaffirms the EHU exchange fee in lieu payment calculation. Finally, it creates the opportunity to negotiate a fee reduction within specific parameters. In accordance with Vail Town Code, Section 12-3-7, the proposed amendment was presented to the Planning and Environmental Commission (PEC) on September 22, 2025. While the PEC supported the overarching amendment goal, the group had significant reservations about the proposal as written. They specifically expressed a desire for further clarification around what would be considered an “underutilized EHU.” They also emphasized the need for maintaining strong compliance efforts to ensure that the Town is putting in a good faith effort to not lose good EHUs that could perform better. Ultimately, the PEC unanimously voted to recommend denial of the amendment as written based on these concerns. The Vail Local Housing Authority (VLHA) is responsible for the review and recommendation of proposed EHU exchanges under Vail Town Code, Section 12-13-5(F)(2)(b). As such, the proposed amendment as well as the PEC feedback was presented to the VLHA on September 23, 2025. VLHA members strongly agreed with the intent of the proposal. However, additional feedback from the group focused on a desire to create even more flexibility within the proposed amendment to negotiate fees based on market research and conditions. From the VLHA’s perspective, the proposed language was still too restrictive to effectively incentivize the replacement of underutilized EHUs within the same job core given the current 1:1.5 exchange ratio requirement. REQUESTED ACTION Town Staff are requesting the Town Council’s input and direction regarding the proposed amendment. As part of this discussion, Town Staff and legal counsel have developed a couple of ideas to consider for incorporating both the PEC and VLHA feedback. It should be noted that none of the options under consideration today would allow the release of an EHU deed restriction if the removal would cause the property’s GRFA to be out of compliance with Town Code: 98 Town of Vail Page 3  Program Implementation Policy: One option is to create a supplementary policy document (such as an addition to the Housing Guidelines or another independent document) regarding EHU exchange program implementation. This would provide a way to define terms and processes in response to PEC comments, highlight and clarify how the program interacts with current Inclusionary Zoning and/or Commercial Linkage requirements, and help create consistency for Town Staff in developing EHU exchange proposals.  Market Analysis Fee Determination: A second option is to tie the fee in lieu calculation to a market analysis as shown in Exhibit B. This would address the VLHA comments and help ensure the Town receives fair market value for deed restrictions. Town Staff recommend considering these as simultaneous options that help to balance predictability with flexibility within the proposed amendment. As such, a draft ordinance is prepared for first reading during the Town Council evening agenda (Exhibit C, Ordinance No. 20, Series 2025). 99 § 12-13-5(D) EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, GENERAL REQUIREMENTS. * * * (5) Fee in lieu. (a) The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized and the fee in lieu will allow the Town to acquire additional EHUs that better fulfill the Town's employee housing goals. (b) The fee in lieu amount shall be based on a market evaluation prepared by the applicant that analyzes the value of the exchange EHU and the costs to acquire additional EHUs that better fulfill the Town's employee housing goals. (b) The fee in lieu amount shall be equal to the total square feet of the exchange EHU multiplied by the current inclusionary zoning fee. (c) The Town Council may reduce the amount of the fee in lieu upon a showing by the applicant that the fee will result in the Town's immediate acquisition of one or more EHUs in a more desirable location than the existing EHU; provided that the fee shall not be reduced by more than ten (10) percent in any case. (c) d) All fees in lieu shall be due and payable within seven (7) days of Town Council's approval, and the proceeds of all fees in lieu shall be used by the Town for employee housing. 100 10/3/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@A4168494\@BCL@A4168494.DOCX ORDINANCE NO. 20 SERIES 2025 AN ORDINANCE AMENDING SECTION 12-13-5 OF THE VAIL TOWN CODE REGARDING THE EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM WHEREAS, the Town desires to allow for flexibility in the exchange of current employee housing units to incentivize the immediate acquisition of better-utilized employee housing units in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5(D)(5) of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM. * * * (5) Fee in lieu. (a) The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized and the fee in lieu will allow the Town to acquire additional EHUs that better fulfill the Town's employee housing goals. (b) The fee in lieu amount shall be based on a market evaluation prepared by the applicant that analyzes the value of the exchange EHU and the costs to acquire additional EHUs that better fulfill the Town's employee housing goals. (c) All fees in lieu shall be due and payable within seven (7) days of Town Council's approval, and the proceeds of all fees in lieu shall be used by the Town for employee housing. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 101 2 10/3/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@A4168494\@BCL@A4168494.DOCX Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2025 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2025, in the Council Chambers of the Vail Municipa l Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kaufmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 102 Enhancing EHU Exchange Opportunities Proposed Amendment to Chapter 12, Section 13 (5)(D)(5) Vail Town Code 103 Today’s Work Session 1.Introduction + Overview 2.Background 3.Code Amendment a.Proposed Language b.Key Changes c.PEC + VLHA Feedback 4.Discussion 104 Housing Mission + Goals “We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year- round economy and build a vibrant, inclusive, and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail.” (Vail Housing 2027) 105 The Why The Challenge •Older deed restrictions without requirements that have become deed restrictions in name but not in practice. •Regular non-compliance impacting staff time and resources. •EHUs with high tenant turnover rates. •Clarifying interaction with Commercial Linkage and Inclusionary Zoning employee mitigation code requirements. A Solution •Finding ways to transition underutilized deed restrictions into new and improved deed restricted housing solutions. The Immediate Opportunity •Utilize funds to expand Vail’s continuum of housing – in type and affordability – through the successful partnership with Habitat for Humanity at Timber Ridge Village. 106 Proposed Amendment Three key differences in the proposed amendment: •Applicable to all underutilized EHUs. •Affirms fee in lieu calculation method. •Allows room for fee negotiation and reduction within a range. 107 Comments Planning + Environmental Commission Vail Local Housing Authority •Unanimously voted to recommend denial of the amendment as proposed. •Supported central goal to turnover non-performing EHUs. •Expressed desire for further clarification of “underutilized.” •Interest in maintaining strong compliance efforts as part of the overall program. •Noted concerns with potential GRFA zoning requirement conflicts after the release of a deed restriction. •Unanimously supported making the proposed amendment more flexible. •Expressed strong agreement with intent of program. •Wanted further ability to negotiate pricing based on market conditions. •Interest in allowing 1:1 exchange rate under certain circumstances. 108 Food for Thought Finding a balance between predictability and flexibility. Options for consideration: •Tie fee in lieu calculation method in proposed Town Code amendment more closely to market analysis and conditions (Note: this will incorporate VLHA feedback). •Remove restrictions from code and provide reference to a supplementary policy document on program implementation that could include clarification of criteria for “underutilized,” processes for compliance, applicability of commercial job core exchange rate, and further define protections for Commercial Linkage and Inclusionary Zoning requirements (Note: this will incorporate PEC 109 Questions and comments? 110 AGENDA ITEM NO. 6.1 Item Cover Page DATE:October 7, 2025 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings (7:00pm) SUBJECT:Ordinance No. 17, Series of 2025, Second Reading, An Ordinance Authorizing the Sale of Certain Real Property Known as Pitkin Creek Park Condominium Unit 7N to Michael L. Grant and Deborah A. Grant for $450,000.00 (7:00pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 17, Series of 2025 upon second reading. PRESENTER(S):Jason Dietz, Housing Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Pitkin Creek Park Condominium Unit 7N Memorandum 09162025.pdf Ord No 17, 2025 Sale of Pitkin Unit 7N.docx Exhibit A.pdf 111 To: Vail Town Council From: Jason Dietz, Housing Director Missy Johnson, Housing Coordinator Date: September 16, 2025 Subject: Ordinance No. 17, Series of 2025, ordinance authorizing the sale of certain real property known as Pitkin Creek Park Condominium, Unit 7N. 1. SUMMARY The purpose of this memorandum is to provide a summary of the background leading up to the presentation of the proposed Ordinance No. 17, Series of 2025. Ordinance No. 17 authorizes the sale of certain real property owned by the Town of Vail. 2. BACKGROUND The Town of Vail acquired Pitkin Creek Park Condominium , Unit 7N for $539,900 on May 7, 2025 as a distressed property that was on the path way leading to foreclosure. It was the Town’s intention to avoid the foreclosure process and re-sell the unit as a buy-down opportunity for the community. Resolution 2025-18, approved the purchase of Property in alignment with Vail Town Council’s critical action of achieving the adopted housing goal of acquiring 1,000 new deed restrictions by the year 2027. Pitkin Creek Park Condominium Unit 7N was previously deed restricted with a Vail InDEED deed restriction prior to the Town of Vail purchasing the unit. Once acquired, the Town contracted work on the fireplace prior to listing the property for sale through The Valley Home Store of Eagle County. The listing agreement with the Valley Home Store originally offered the home at $480,000 and received no buyer interest for the three months the unit was listed at this price . Recently the Town reduced the listing price to $390,000, which prompted multiple full price offers to be received. With multiple full price offers, the Town h eld a “highest and best offer period” that brought in the current $450,000 offer. 3. STAFF RECOMMENDATION Town staff recommends the Vail Town Council approves Ordinance No. 17, Series of 2025, upon first reading. 112 ORDINANCE NO. 17 SERIES 2025 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY KNOWN AS PITKIN CREEK PARK CONDOMINIUM UNIT 7N TO MICHAEL L. GRANT AND DEBORAH A. GRANT FOR $450,000.00 WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; and WHEREAS, the Town Council finds and determines that the sale of the real property known as Pitkin Creek Park Condominium, Unit 7N, (the "Property"), to Michael and Deborah Grant for $450,000.00 is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4. 8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the Property pursuant the terms of the Contract to Buy and Sell Real Estate, dated September 4, 2025, attached hereto as Exhibit A and incorporated herein by this reference, which is hereby ratified by this ordinance. The Town Manager is hereby authorized to sign all documents necessary to complete the sale of the Property, subject to approval of such documents by the Town Attorney. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares th at this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of September, 2025 and 113 a public hearing for second reading of this Ordinance set for the 16th day of September, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kaufmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 114 Date: 9/4/2025 Berkshire Hathaway HomeServices Colorado Properties Will Lewis Fax: 970-476-2212 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS1-8-24) (Mandatory 8-24) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) AGREEMENT 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. MICHAEL L. GRANT and DEBORAH A. GRANT (Buyer) will take title to the Property described below as Joint Tenants Tenants In Common Other n/a. 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions. 2.3. Seller. Town of Vail (Seller) is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of Eagle, Colorado (insert legal description): DESC: PHASE III Subdivision: PITKIN CREEK PARK Unit: 7-N known as: 3971 Big Horn Road, 7-N Vail, CO 81657 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/ jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including n/a remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water Softeners Security Systems Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.8. (Leased Items). If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: STOVE, OVEN, REFRIGERATOR, DISHWASHER, DISPOSAL, BUILT-IN MICROWAVE. If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional personal property outside of this Contract. 2.5.4. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of certain Inclusions. 2.5.5. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at Closing by Seller free and clear of all taxes (except personal property and general real estate Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 1 of 21 9/10/2025, 1:16 PM 115 taxes for the year of Closing), liens and encumbrances, except: n/a Buyer Will Will Not assume the debt and obligations on the Encumbered Inclusions subject to Buyer’s review under §10.6. (Encumbered Inclusion Documents) and Buyer’s receipt of written approval by such lender before Closing. If Buyer does not receive such approval this Contract terminates. 2.5.6. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.5.7. Parking and Storage Facilities. The use or ownership of the following parking facilities: unassigned parking; and the use or ownership of the following storage facilities: n/a Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate. 2.5.8. Leased Items. The following personal property is currently leased to Seller which will be transferred to Buyer at Closing (Leased Items): n/a Buyer Will Will Not assume Seller’s debt and obligations under such leases for the Leased Items subject to Buyer’s review under §10.6. (Leased Items Documents) and Buyer’s receipt of written approval by such lender before Closing. If Buyer does not receive such approval this Contract terminates. 2.5.9. Solar Power Plan. If the box is checked, Seller has entered into a solar power purchase agreement, regardless of the name or title, to authorize a third-party to operate and maintain a photovoltaic system on the Property and provide electricity (Solar Power Plan) that will remain in effect after Closing. Buyer Will Will Not assume Seller’s obligations under such Solar Power Plan subject to Buyer’s review under §10.6. (Solar Power Plan) and Buyer’s receipt of written approval by the third-party before Closing. If Buyer does not receive such approval this Contract terminates. 2.6. Exclusions. The following items are excluded (Exclusions): NONE 2.7. Water Rights/Well Rights. 2.7.1. Deeded Water Rights. The following legally described water rights: None. Any deeded water rights will be conveyed by a good and sufficient n/a deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and 2.7.4., will be transferred to Buyer at Closing: n/a 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is n/a. 2.7.4. Water Stock. The water stock to be transferred at Closing are as follows: n/a 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water), § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 2.7.6. Water Rights Review. Buyer has a Right to Terminate if examination of the Water Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline. 3. DATES, DEADLINES AND APPLICABILITY. 3.1. Dates and Deadlines. Item No. Reference Event Date or Deadline 1 § 3 Time of Day Deadline n/a 2 § 4 Alternative Earnest Money Deadline 3 DAYS AFTER MEC Title 3 § 8 Record Title Deadline (and Tax Certificate)7 DAYS AFTER MEC 4 § 8 Record Title Objection Deadline 14 DAYS AFTER MEC Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 2 of 21 9/10/2025, 1:16 PM 116 Tuesday Friday Tuesday Friday Tuesday Tuesday Tuesday Thursday Thursday Friday 5 § 8 Off-Record Title Deadline 7 DAYS AFTER MEC 6 § 8 Off-Record Title Objection Deadline 14 DAYS AFTER MEC 7 § 8 Title Resolution Deadline 17 DAYS AFTER MEC 8 § 8 Third Party Right to Purchase/Approve Deadline n/a Owners' Association 9 § 7 Association Documents Deadline 10 DAYS AFTER MEC 10 § 7 Association Documents Termination Deadline 17 DAYS AFTER MEC Seller's Disclosures 11 § 10 Seller’s Property Disclosure Deadline 7 DAYS AFTER MEC 12 § 10 Lead-Based Paint Disclosure Deadline n/a Loan and Credit 13 § 5 New Loan Application Deadline 10 DAYS AFTER MEC 14 § 5 New Loan Terms Deadline 10/21/2025 15 § 5 New Loan Availability Deadline 10/24/2025 16 § 5 Buyer’s Credit Information Deadline n/a 17 § 5 Disapproval of Buyer’s Credit Information Deadline n/a 18 § 5 Existing Loan Deadline n/a 19 § 5 Existing Loan Termination Deadline n/a 20 § 5 Loan Transfer Approval Deadline n/a 21 § 4 Seller or Private Financing Deadline n/a Appraisal 22 § 6 Appraisal Deadline 10/14/2025 23 § 6 Appraisal Objection Deadline 10/17/2025 24 § 6 Appraisal Resolution Deadline 10/21/2025 Survey 25 § 9 New ILC or New Survey Deadline n/a 26 § 9 New ILC or New Survey Objection Deadline n/a 27 § 9 New ILC or New Survey Resolution Deadline n/a Inspection and Due diligence 28 § 2 Water Rights Examination Deadline n/a 29 § 8 Mineral Rights Examination Deadline n/a 30 § 10 Inspection Termination Deadline n/a 31 § 10 Inspection Objection Deadline 9/30/2025 32 § 10 Inspection Resolution Deadline 10/7/2025 33 § 10 Property Insurance Termination Deadline n/a 34 § 10 Due Diligence Documents Delivery Deadline 7 DAYS AFTER MEC 35 § 10 Due Diligence Documents Objection Deadline 14 DAYS AFTER MEC 36 § 10 Due Diligence Documents Resolution Deadline 17 DAYS AFTER MEC 37 § 10 Conditional Sale Deadline n/a 38 § 10 Lead-Based Paint Termination Deadline n/a Closing and Possession 39 § 12 Closing Date 11/6/2025 40 § 17 Possession Date 11/6/2025 41 § 17 Possession Time AT CLOSE OF ESCROW 42 § 27 Acceptance Deadline Date 9/5/2025 43 § 27 Acceptance Deadline Time 12:01 PM MDT Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 3 of 21 9/10/2025, 1:16 PM 117 450,000.00 4,500.00 150,000.00 295,500.00 450,000.00 450,000.00 44 n/a n/a n/a 45 n/a n/a n/a Note: If FHA or VA loan boxes are checked in § 4.5.3. (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA insured or VA guaranteed loans. 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of “None”, such provision means that “None” applies. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The abbreviation “N/A” as used in this Contract means not applicable. 3.3. Day; Computation of Period of Days; Deadlines. 3.3.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings, as applicable). Except however, if a Time of Day Deadline is specified in § 3.1. (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and Termination Deadlines will end on the specified deadline date at the time of day specified in the Time of Day Deadline, United States Mountain Time. If Time of Day Deadline is left blank or “N/A” the deadlines will expire at 11:59 p.m., United States Mountain Time. 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the ending date is not specified, the first day is excluded and the last day is included. 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 4. PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: Item No. Reference Item Amount Amount 1 § 4.1. Purchase Price $ 2 § 4.3. Earnest Money $ 3 § 4.5. New Loan $ 4 § 4.6. Assumption Balance $ 5 § 4.7. Private Financing $ 6 § 4.7. Seller Financing $ 7 n/a n/a $ 8 n/a n/a $ 9 § 4.4. Cash at Closing $ 10 Total $ $ 4.2. Seller Concession. At Closing, Seller will credit to Buyer $0 (Seller Concession). The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a good funds or personal check, will be payable to and held by Land Title Guarantee Company (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 4 of 21 9/10/2025, 1:16 PM 118 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three days of Seller’s receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money Release form), within three days of Buyer’s receipt. 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable to Buyer as set forth in “If Seller is in Default”, § 20.2. and § 21, unless Seller is entitled to the Earnest Money due to a Buyer default. 4.3.2.2. Buyer Failure to Timely Release Earnest Money. If Buyer fails to timely execute and return the Earnest Money Release Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in “If Buyer is in Default, § 20.1. and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default. 4.4. Form of Funds; Time of Payment; Available Funds. 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 4.5. New Loan. 4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 4.2. (Seller Concession), if applicable, must timely pay Buyer’s loan costs, loan discount points, prepaid items and loan origination fees as required by lender. 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to Buyer, including a different loan than initially sought, except as restricted in § 4.5.3. (Loan Limitations) or § 30 (Additional Provisions). 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: Conventional FHA VA Bond Other Any loan program that is acceptable to Buyers at their sole discretion. If either or both of the FHA or VA boxes are checked, and Buyer closes the transaction using one of those loan types, Seller agrees to pay those closing costs and fees that Buyer is not allowed by law to pay not to exceed $n/a. However, this amount does not include any compensation to be paid to Buyer’s brokerage firm. 4.5.4. Loan Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and costs of Buyer’s New Loan carefully. If Buyer is applying for a residential loan, the lender generally must provide Buyer with a Loan Estimate within three days after Buyer completes a loan application. Buyer also should obtain an estimate of the amount of Buyer’s monthly mortgage payment. 4.6. Assumption. (Omitted as inapplicable) 4.7. Seller or Private Financing. (Omitted as inapplicable) TRANSACTION PROVISIONS 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 5.3. Credit Information. (Omitted as inapplicable) 5.4. Existing Loan Review. (Omitted as inapplicable) 5.5. Buyer Representation of Principal Residence. Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked, then Buyer represents that Buyer will NOT occupy the Property as Buyer’s principal residence. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 5 of 21 9/10/2025, 1:16 PM 119 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1. applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline: 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification). 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline). 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than $n/a. The purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should satisfy himself/herself/themselves that the price and condition of the Property are acceptable. 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the satisfaction of the Lender Property Requirements is waived in writing by Buyer. 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender’s agent or all three. 7. OWNERS’ ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest Communities and subject to one or more declarations (Association). 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 6 of 21 9/10/2025, 1:16 PM 120 AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, regardless of who provides such documents. 7.3. Association Documents. Association documents (Association Documents) consist of the following: 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including, but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the Association’s last Annual Disclosure; 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the Association’s community association manager or Association will charge in connection with the Closing including, but not limited to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and 7.3.5., collectively, Financial Documents); 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under § 10.2. (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common elements or limited common elements of the Association property. 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve). 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 8.1. Evidence of Record Title. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 7 of 21 9/10/2025, 1:16 PM 121 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price. If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies. 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other n/a. Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.7. (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the party or parties obligated to pay for the owner’s title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required by § 8.1. (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents as satisfactory. 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2. (Record Title) and § 13 (Transfer of Title)), in Buyer’s sole Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 8 of 21 9/10/2025, 1:16 PM 122 subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off- Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 8.4. Special Taxing and Metropolitan Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. The official website for the Metropolitan District, if any, is: n/a. 8.5. Tax Certificate. A tax certificate paid for by Seller Buyer, for the Property listing any special taxing or metropolitan districts that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the content of the Tax Certificate is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 24.1. by Buyer’s Notice to Terminate received by Seller on or before ten days after Buyer’s receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the content of the Tax Certificate as satisfactory and Buyer waives any Right to Terminate under this provision. If Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for the Tax Certificate, the Tax Certificate will be paid for by Seller. 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the third-party holder of such right exercises its right this Contract will terminate. If the third party’s right to purchase is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline. 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer’s sole subjective discretion, based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off-Record Title), § 8.5. (Tax Certificate) and § 13 (Transfer of Title). If Buyer exercises Buyer’s rights to object or terminate based on any such title matter, on or before the applicable deadline, Buyer has the following options: 8.7.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off-Record Title) the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion. 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 9 of 21 9/10/2025, 1:16 PM 123 be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various laws and governmental regulations concerning land use, development and environmental matters. 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES. 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or not covered by the owner’s title insurance policy. 8.9. Mineral Rights Review. Buyer has a Right to Terminate if examination of the Mineral Rights is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline. 9. NEW ILC, NEW SURVEY. 9.1. New ILC or New Survey. If the box is checked, (1) New Improvement Location Certificate (New ILC); or, (2) New Survey in the form of n/a; is required and the following will apply: 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a date after the date of this Contract. 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller Buyer or: n/a 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title) and n/a will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 10 of 21 9/10/2025, 1:16 PM 124 in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before such termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline). DISCLOSURE, INSPECTION AND DUE DILIGENCE 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of this Contract. 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property and Inclusions to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver an Inspection Objection. Buyer’s Right to Terminate under this provision expires upon delivery of an Inspection Objection to Seller pursuant to § 10.3.2.; or 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct. 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by executing an Earnest Money Release. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance (Property Insurance) on the Property, in Buyer’s sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 11 of 21 9/10/2025, 1:16 PM 125 and information pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): n/a 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.8., Leased Items) will be transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to Buyer on or before Due Diligence Documents Delivery Deadline. 10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered pursuant to § 2.5.5. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other documents creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. 10.6.1.4. Solar Power Plan. Copy of any Solar Power Plan not included in Leased Items (regardless of its name or title). 10.6.1.5. Septic Use Permit. If required by the local health department or other applicable government entity, on or before the local health department’s applicable deadline, Seller must pay for and furnish to Buyer a Septic Use Permit. 10.6.1.6. Other Documents. Other documents and information: Any and all Governing Documents pertaining to the HOA including but not limited to financials, budget, minutes of Annual meetings and Board of Director meetings. 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline). 10.6.2.4. Automatic Due Diligence Extension. If a Due Diligence Document is not delivered on or before the Due Diligence Documents Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Due Diligence Document. If Buyer’s right to review and object to such Due Diligence Document is extended due to such Due Diligence Document not being delivered on or before the Due Diligence Documents Deadline, the Due Diligence Document Resolution Deadline will also be extended to the earlier of Closing or fifteen days after Buyer’s receipt of such Due Diligence Document. 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property owned by Buyer and commonly known as n/a. Buyer has the Right to Terminate under § 24.1. effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted] 10.10. Lead-Based Paint. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 12 of 21 9/10/2025, 1:16 PM 126 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to timely receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. Buyer may elect to waive Buyer’s right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller’s receipt of Buyer’s written Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of the test. 10.13. Radon Disclosure. THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STRONGLY RECOMMENDS THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL. RESIDENTIAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADON- INDUCED LUNG CANCER. RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. THE SELLER OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY. AN ELECTRONIC COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH C.R.S. §25-11-114(2)(A) THAT PROVIDES ADVICE ABOUT “RADON AND REAL ESTATE TRANSACTIONS IN COLORADO” IS AVAILABLE AT: HTTPS://CDPHE.COLORADO.GOV/RADON-AND-REAL-ESTATE. 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted] Closing Provisions 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 13 of 21 9/10/2025, 1:16 PM 127 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with this Contract. 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as the Closing Date or by mutual agreement at an earlier date. At Closing, Seller must provide Buyer with the ability to access the Property (e.g. keys, access code, garage door opener). The hour and place of Closing will be as designated by Mutual agreement of the parties. 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer must assume Seller’s obligations under such Leases. Further, Seller must transfer to Buyer all Leased Items and assign to Buyer such leases for the Leased Items accepted by Buyer pursuant to § 2.5.8. (Leased Items). 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing: special warranty deed general warranty deed bargain and sale deed quit claim deed personal representative’s deed n/a deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient special warranty deed to Buyer, at Closing. Unless otherwise specified in § 30 (Additional Provisions), if title will be conveyed using a special warranty deed or a general warranty deed, title will be conveyed “subject to statutory exceptions” as defined in §38-30-113(5)(a), C.R.S. 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not, and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or from any other source. 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND WITHHOLDING. 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. However, if Buyer’s loan specified in §4.5.3. (Loan Limitations) prohibits Buyer from paying for any of the fees contained in this Section, the fees will be paid for by Seller. 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller Other n/a. 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees associated with or specified in the Status Letter will be paid as follows: 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association’s Status Letter must be paid by Seller. 15.3.2. Record Change Fee. Any Record Change Fee must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.3. Reserves or Working Capital. Unless agreed to otherwise, all reserves or working capital due (or other similar cost not addressed in § 16.2. (Association Assessments)) at Closing must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $n/a for: Water District/Municipality Water Stock Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 14 of 21 9/10/2025, 1:16 PM 128 Augmentation Membership Small Domestic Water Company n/a and must be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by Buyer Seller One-Half by Buyer and One-Half by Seller N/A. 15.9. FIRPTA and Colorado Withholding. 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists. 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided: 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled veteran exemption or Other n/a 16.1.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in writing of such transfer and of the transferee’s name and address. 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and any continuing items. 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance will be credited to Seller at Closing. All Association Assessments accrued before Closing must be paid by Seller and all Association Assessments accrued after Closing must be paid by Buyer. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller unless otherwise specified in Additional Provisions. Seller represents there are no unpaid regular or special assessments against the Property except the current regular assessments and None Association Assessments are subject to change as provided in the Governing Documents. 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time, subject to the Leases as set forth in § 10.6.1.1. If the parties have executed a Post-Closing Occupancy Agreement, such agreement will control Possession Date and Possession Time. If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $ n/a per day (or any part of a day notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered. Additionally, Buyer may pursue a claim against Seller for any of Buyer’s actual additional damages incurred by Buyer in excess of such amount. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 15 of 21 9/10/2025, 1:16 PM 129 General Provisions 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property and Inclusions will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim. 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 18.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that their respective broker has advised that this Contract has important legal consequences and has recommended: (1) legal examination of title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must be complied with. 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party has the following remedies: 20.1. If Buyer is in Default: 20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 16 of 21 9/10/2025, 1:16 PM 130 (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both. 20.1.2. Liquidated Damages, Applicable. This § 20.1.2. applies unless the box in § 20.1.1. is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4. and 21), such amount is SELLER’S ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 20.2. If Seller is in Default: 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 20.2.2. Seller’s Failure to Perform. In the event Seller fails to perform Seller’s obligations under this Contract, to include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or repairs required under this Contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such failures to perform under this Contract after Closing. Buyer’s rights to pursue the Seller for Seller’s failure to perform under this Contract are reserved and survive Closing. 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that party’s last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This Section will not alter any date in this Contract, unless otherwise agreed. 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract. 24. TERMINATION. 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 17 of 21 9/10/2025, 1:16 PM 131 Terminate under such provision. Any Notice to Terminate delivered after the applicable deadline specified in the Contract is ineffective and does not terminate this Contract. 24.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder must be timely returned to Buyer and the parties are then relieved of all obligations hereunder, subject to §§ 10.4. and 21. 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract. 26. NOTICE, DELIVERY AND CHOICE OF LAW. 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 26.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or n/a. 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability Due Diligence and Source of Water. 29. BUYER’S BROKERAGE FIRM COMPENSATION. Buyer’s brokerage firm’s compensation will be paid, at Closing, as follows: 29.1. 2% of the Purchase Price or $n/a by Seller. Buyer’s brokerage firm is an intended third-party beneficiary under this provision only. The amount paid by Seller under this provision is in addition to any other amounts Seller is paying on behalf of Buyer elsewhere in this Contract. 29.2. n/a% of the Purchase Price or $n/a by Buyer pursuant to a separate agreement between Buyer and Buyer’s brokerage firm. This amount may be modified between Buyer and Buyer’s brokerage firm outside of this Contract. 29.3. n/a% of the Purchase Price or $n/a by a separate agreement between Buyer’s brokerage firm and Seller’s brokerage firm. ADDITIONAL PROVISIONS AND ATTACHMENTS Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 18 of 21 9/10/2025, 1:16 PM 132 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) A. GOOD WORKING ORDER. Seller certifies that the appliances, plumbing, heating and electrical systems and appurtenances will be in good working condition on date of closing. In the event any items fail before that time, the Seller agrees to perform and pay for the required repair. In the event the repair cannot be performed before the closing, then the Purchaser and Seller agree that the Seller will place one and one-half times the amount bid by the contractor or service company who will perform the work in escrow with the title company, lawyer or escrow service to guarantee this provision. B. USE OF PROFESSIONALS. Buyers are advised to seek the advice of professionals such as: attorneys, accountants, appraisers, surveyors, contractors, engineers, septic inspectors, well testers, water engineers, property inspectors, environmental hazard and radon gas experts. Broker recommends that Buyer obtain a written inspection report covering the Property and Inclusions and an improvement location certificate or survey to determine lot size, location of improvements, and any encroachments. Buyers should verify all information using experts of Buyer`s own choosing. 31. OTHER DOCUMENTS. 31.1. Documents Part of Contract. The following documents are a part of this Contract: 31.1.1. Post-Closing Occupancy Agreement. If the box is checked, the Post-Closing Occupancy Agreement is a part of this Contract. n/a 31.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this Contract: n/a Signatures Date:9/4/2025 Buyer:MICHAEL L. GRANT Date:9/4/2025 Buyer:DEBORAH A. GRANT [NOTE: If this offer is being countered or rejected, do not sign this document.] Date:9/5/2025 Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 19 of 21 9/10/2025, 1:16 PM 133 Seller:Town of Vail By: Russell Forrest END OF CONTRACT TO BUY AND SELL REAL ESTATE BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. A. Broker Working With Buyer Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Buyer. See § B for Broker’s brokerage relationship with Seller. Brokerage Firm’s compensation or commission is to be paid as specified in §29 above. This Broker’s Acknowledgments and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this provision. Brokerage Firm’s Name: Berkshire Hathaway HomeServices Colorado Properties Brokerage Firm’s License #: 40010797 Date:9/4/2025 Broker’s Name:Will Lewis Broker’s License #: 263511 Address: 225 Wall Street, Suite 200 Vail, CO 81657 Phone No.: Fax No.: 970-476-2212 Email Address: wlewis07@hotmail.com B. Broker Working with Seller Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 20 of 21 9/10/2025, 1:16 PM 134 Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. Customer. Broker has no brokerage relationship with Seller. See § A for Broker’s brokerage relationship with Buyer. Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other . This Broker’s Acknowledgments and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for compensation. Any agreement to pay compensation must be entered into separately and apart from this provision. Brokerage Firm’s Name: The Valley Home Store Brokerage Firm’s License #: 100028992 Date:9/4/2025 Broker’s Name:Jesus Camunez Broker’s License #: FA100096256 Address: 25 Mill Loft Street, Suite 200 Edwards, CO 81632 Phone No.: (970) 328-8772 Fax No.: Email Address: jesus@valleyhomestore.org Date:9/4/2025 Broker’s Name:Melinda Dow Broker’s License #: FA100105033 Brokerage Firm’s Name: The Valley Home Store Brokerage Firm’s License #: EC.100028992 Address: 25 Mill Loft Street, Suite 200 Edwards, CO 81632 Phone No.: (970)328-8776 Fax No.: (970)328-8776 Email Address: melinda@valleyhomestore.org CBS1-8-24. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) CTM eContracts - ©2025 MRI Software LLC - All Rights Reserved Firefox https://www.ctmecontracts.com/eContracts/m_eCON/Contracts/Listin... 21 of 21 9/10/2025, 1:16 PM 135 AGENDA ITEM NO. 6.2 Item Cover Page DATE:October 7, 2025 TIME:5 min. SUBMITTED BY:Jake Shipe, Finance ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings (7:00pm) SUBJECT:Ordinance No. 18, Series of 2025, Second Reading, An Ordinance Repealing Chapter 3 of Title 2 of the Vail Town Code, Regarding the Process of Awarding of Public Improvement Construction Contracts (7:05pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 18, Series of 2025 upon second reading. PRESENTER(S):Carlie Smith, Finance Director VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Public Contract Bids-O091025.docx 250916 Purchasing Policy.docx 136 9/23/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C1489D4\@BCL@3C1489D4.DOCX ORDINANCE NO. 18 SERIES 2025 AN ORDINANCE REPEALING CHAPTER 3 OF TITLE 2 OF THE VAIL TOWN CODE, REGARDING THE PROCESS OF AWARDING OF PUBLIC IMPROVEMENT CONSTRUCTION CONTRACTS WHEREAS, the Town's administrative purchasing policy addresses the process of awarding public improvement construction contracts; and WHEREAS, the Town now desires to repeal and reserve a portion of the Vail Town Code that addresses the same, to avoid redundancy. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 3 of Title 2 of the Vail Town Code is hereby repealed in its entirety and reserved. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of September, 2025 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 137 2 9/23/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@3C1489D4\@BCL@3C1489D4.DOCX _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kaufmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 138 Memorandum TO: Town Council FROM: Finance Department DATE: September 16, 2025 SUBJECT: Purchasing Policy Updates I. SUMMARY The Town of Vail’s Procurement Policy establishes a consistent framework for purchasing services, materials, and equipment while ensuring compliance with local, state, and federal laws. Its purpose is to secure the best value for taxpayers and promote open, fair competition among vendors, suppliers, and contractors in providing goods and services to the community and its guests. Although portions of the policy have been updated over time, the purchasing thresholds that define when a formal contract is required, as well as the approval levels tied to different dollar limits, have not been revised since 2008. Currently, Town Code Chapter 3 of Title 2 requires that all contracts over $50,000 receive Town Council approval. Best practice, however, is to maintain these thresholds administratively within a policy rather than in formal code to allow for greater flexibility and timely updates. II. DISCUSSION Proposed Approval Limit Updates The Town’s Purchasing Policy limits have not been updated since 2008. With inflation and significant cost increases over the past several years, Town staff are now required to bring an excessive number of contracts to Town Council for approval , contracts that historically fell below the Council’s approval threshold. This has slowed down processes and reduced the Town’s ability to be nimble and responsive. Currently, the Purchasing Policy requires all contracts over $25,000 to be signed by the Town Manager, and both the Town Code and the Purchasing Policy require all contracts over $50,000 to be approved by Town Council. With rising costs, this structure has created inefficiencies that are slowing projects. Since 2008, the Consumer Price Index has increased by approximately 49%. To better align approval thresholds with inflationary changes, staff is proposing the following updates. Staff has also compared these approval limits to other Colorado communities and found that the proposed thresholds are generally consistent with others. 139 - 2 - Approval Required Current Proposed Director/Authorized Staff $25K and below $50K and below Town Manager $25K to $50K $50K to $100K Town Council Over $50K Over $100K Outside of the approval limit thresholds, all contracts are reviewed by the responsible department staff and director, legal counsel, and the Finance Department for budget approval. Departments are required to document and maintain records of the bidding p rocess and RFPs, which Finance also reviews prior to execution to ensure compliance. No payments are issued without a fully executed contract. In addition to updating the approval limits, staff is recommending rescinding the related section of the Town Code through Ordinance 18, included on this evening’s agenda. This approach reflects best practices in other municipalities and provides greater flexibility to adjust approval thresholds as conditions evolve. Other Housing Keeping Updates Staff has also incorporated additional updates into the 2025 Purchasing Policy to better formalize and clarify current practices. These include:  Defining emergency purchases and authorizing Town Manager approval with sufficient written justification.  Documenting the Town’s procurement process within the policy.  Clarifying that state and local procurement policies must comply with federal requirements outlined in Uniform Guidance 200.318 –200.326. III. ACTION REQUESTED FROM COUNCIL Approve, approve with amendments, or deny Ordinance No. 18, Series of 2025 upon second reading. 140