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HomeMy WebLinkAbout Lease Agreementi January 16, 2008 Mr. Charlie Davis Chief Building Official Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Grading and Excavation Building Permit B07 -0275 for Solaris Development Fully Executed CDOT Lease Agreement for Solaris Dear Mr. Davis, The Solaris Property Owner transmits with this letter three copies of the fully executed CDOT Lease Agreement dated January 11, 2008, for the project. Thank you for your guidance and patience throughout the CDOT permit process. Please call Tom Ogg at 970 - 479 -7138 with any questions. Sincerely, Tom Ogg Project Manager Solaris Development cc: Megan Boord /Solaris Gerry Poye /Solaris Maggie Fitzgerald /Davis 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.66b6 I solarisvail.com PROPERTY MGMT.NO. 5 NO: PROJECT LOCATION: 1 -70 South Frontage Road 141 & 143 East Meadow Drive LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this _ day of . kVA 4-Y1A UC'O, by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor ", and Solaris Property Owner, LLC thereinafter referred to as "Lessee ". WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises" located at along the south side of the 1 -70 South Frontage Road at 141 and 143 East Meadow Drive in Vail, Colorado. The Premises, known and described as Parcel 29, of Project 1 70- 2(7)183 includes approximately .356 acres ( approximately 15,518 square feet) of land area which will be used for the sub - surface soil nails and dewatering, .175 acres (approximately 7,637 square feet)of land area which will be used for the surface portion of the lease and 1.301 acres (approximately 56,664 square feet) of land which will be used for the airspace portion of the lease. The leased Premises being as shown on the plats and legal descriptions attached hereto, made a part hereof and marked "Exhibit A: Sub - Surface, Exhibit B: Surface and Exhibit C: Airspace ". 2. TERM, The term of this lease for the sub - surface, soil nails and dewatering portion of the lease shall begin upon full execution of this lease and remain in effect for no less than fifteen months,. After a period of fifteen months CDOT may snap or remove the soil nails and cap the dewatering wells if necessary. For surface, construction staging, portion of the lease, the term of the lease will begin upon full execution of the lease and remain in effect for a duration of thirty four months. For the airspace, crane related activities portion of the lease for, the term of the lease will have an approximate beginning date of May 15, 2008 and an approximate ending date of July 15, 2010 (twenty -seven months). If the beginning date of the airspace portion of this lease changes, the Lessee shall notify the Lessor of the schedule change. The term of the airspace portion of this lease shall be limited to a maximum of Twenty Seven months. All three portions of the lease are subject to the cancellation and termination provisions herein. RENT. Payments shall be made payable to the Colorado Department of Transportation at: Colo. Dept. of Transportation C/o Accounting Receipts & Deposits 4201 East Arkansas Ave., Rm. 212 Denver, CO 80222 or at such place as Lessor from time to time designates by notice as provided herein. (a) The rent payment for this lease will consist of three parts: (i) The first part of the payment consists of ONE PAYMENT of $45,450.00, due upon signing of the lease by the tenant, which is the calculated current cost of removing the (� [E Q v.3/06 Page 1 of 8 D JAN 16 2008 �� •�Z 07 4 ` TOWN OF VAIL . *. "soil nails" during excavation and is based on 606 nails at $ 75.00 per nail. Any addition or subtraction of the number of nails shall be reflected in the total amount of this payment on the basis of $ 75.00 per nail. This payment is agreed upon between the parties to be the total amount to be paid by the Lessee to offset any future costs of removal of the "soil nails" by the Lessor. (ii) The second part of the payment is for the surface portion of the lease and consists of three annual payments of $72,333.33, for the .175 acres (approximately 7,637 square feet) to be used for construction staging. (iii) The third part of the payment is for the airspace portion of the lease and consists of ONE PAYMENT of $5,000.00, due upon signing of the lease by the tenant, for the 1.301 acres (approximately 56,664 square feet) to be used for crane swings. In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of the month when due, a late charge of five percent (5 %) of the total installment will be assessed to the Lessee for that month and each succeeding month the payment is not received on or before the 10th day of that month. In the event the Lessee for a rental installment tenders a check, and it is returned to Lessor for insufficient funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars ($20.00). Both Lessor and Lessee agree that acceptance by the Lessor of the late payment does not waive Lessor's right to declare Lessee in default of this Lease Agreement. 4. USE. It is understood and agreed that the Lessee intends to use the Premises only for the purposes set forth in the attached Solaris letter dated December 3, 2007 (Exhibit D) and crane usage of both temporary mobile cranes and swing radii for the tower crane as set forth in the attached Solaris letter of November 5, 2007 (Exhibit E) and Tower Crane Analysis Narrative by Weitz dated September 27, 2007, (Exhibit F) including the crane plans TC -1 thru TC8 (Exhibit G) attached hereto. These uses which describe the features of the sub - surface, surface and Airspace use includes installation of 13 "de- watering" wells and 606 "soil nails ", staging area for daily delivering, unloading and transferring construction materials and temporary set up of mobile cranes for removal and reconfiguration of tower cranes located on lessee's property and overhead movement of three tower cranes as set forth in the above referenced documents. The Premises may not be used for any other purpose without the specific written prior permission of the Lessor. Any other use of the Premises shall constitute material breach of this Lease and may cause this lease to terminate immediately at the Lessor's option. 5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. The Lessee, and any contractor doing any work on the Premises for the Lessee shall save, indemnify and hold harmless the Lessor and FHWA, to the extend allowed by law, for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the Premises 7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and represents himself to be the authorized agent of the State of Colorado for the purposes of granting this Lease. Page 2 of 8 Rev. 3/06 N . A0 8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution. 10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the term of this Lease, Lessor has the right to cancel the lease without liability by giving the Lessee 90- day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 90 -day written notice of their intent to do so. After receiving permission of the Lessor to remove, and having removed all soil nails and filling and capping all de- watering wells 11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect. 13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, Page 3 of 8 Rev. 3/06 4 and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: Colo. Dept. of Transportation Property Management Manager 15285 S. Golden Rd., Bldg. 47 Golden, Colorado 80401 LESSEE: Solaris Property Owner, LLC 2211 North Frontage Road, Suite A Vail, CO 81657 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. 16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a month -to -month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior to termination of this holdover tenancy. 17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee. 18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal, release or clean -up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or released on the property. The Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind, other than those described in Section 4 of this lease, shall be erected or moved upon the Premises by the Lessee without the express written prior permission of the Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of the Lessor may be immediately removed by the Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee and may be immediately removed by Lessor at the Lessee's expense; provided, however, that abandonment of the soil nails is anticipated by this agreement and is provided for in Section 23 below, and such abandonment of the soil nails shall not in and of itself require the immediate removal of the soil nails by Lessor. 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms, agreements or conditions contained herein or in regulations to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall Page 4 of 8 Rev. 3/06 constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re -enter the Premises and remove there from all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the property beyond its present condition. (d) Upon the Lessee's failure to remove its personal property from the Premises after the expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all claims for damages that may be caused by Lessor's removal of property as herein provided. 22. INSURANCE. (Revised 2006 per State Controller Requirements) A. The Lessee shall cause insurance in the kinds and amounts detail below to be obtained and maintained at all times during the duration of this Lease. The Lessee shall require any independent Contractor working for them on the Leased Premise to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee and any Contractor shall, at it sole cost and expense, obtain insurance on its inventory, equipment and all other personal property located on the Leased Premises against loss resulting from fire, theft or other casualty. 1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease. 2) Commercial General Liability Insurance written on ISO Occurrence Form CG 00 01 (12/04) or equivalent, covering premises operations, fire damage, independent Consultants, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $2,000,000 general aggregate; c. $2,000,000 products and completed operations aggregate; and d. $50,000 any one fire. Rev.3 /06 Page 5 of 8 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Lessee, or as applicable, their Contractor, shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. 3) Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. 4) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $5,000,000 each Claim and $5,000,000 Annual Aggregate. CDOT shall be named as an additional insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease. 5) Umbrella or Excess Liability Insurance with minimum limits of $10,000,000. This policy shall become primary in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an Additional Insured. B. CDOT shall be named as Additional Insured on the Commercial General Liability and Automobile Liability Insurance policies. Coverage required by the Lease will be primary over any insurance or self- insurance program carried by the State of Colorado. C. The Insurance shall include provisions preventing cancellation or non - renewal without at least 30 days prior notice to CDOT by certified mail at the address contained in this document. D. The insurance policies related to the Lease shall include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT. In order for this lease to be effective, the Lessee, or as applicable, their Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is in default. G. If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. 23. ADDITIONAL PROVISIONS. Rev.3 /06 Page 6 of 8 A. The Lessee proposes to install "soil nails" and "de- watering" wells in the parcel described above and set forth in the construction plans provided by Leasee to Lessor as part of the Quality Control and Quality Assurance documents attached hereto as Exhibit H. The purpose of the proposed installation is to shore up the Lessor's property subsequent to excavation of the Lessee's adjoining property and to prevent water seepage into the excavated area. The "soil nails" shall remain in the subsurface of the Lessor's property until they are removed by or with the permission of the Lessor; but in no event shall the soil nails be removed prior to the end of the term of the Lease Ageement. The "de- watering" wells shall be filled and capped by the Lessee at their sole expense in accordance with local, State and Federal regulations, laws and guidelines /standards before the end of the term of this lease. Also, Lessee agrees to adhere to all provisions and requirements set forth in the Quality Control and Quality Assurance for Soil Nails and Dewatering document attached hereto as Exhibit H. B. B. The Lessee has represented to the Lessor that their building is freestanding and not dependent upon the "soil nails" for support. The Lessee therefore agrees that they will have no legal recourse against the Lessor, its agents or Permittees if during the responsible removal of the "soil nails" the Lessee's property is damaged due to lack of support. C. The Lessee further agrees that it will indemnify the Lessor for any damages incurred by Permittees of the Lessor, if during the normal course of their business their equipment or facilities are damaged in connection with the installation of the "soil nails" and dewatering wells on the Premises. (i) The Lessee acknowledges that it is aware of the existing utilities in the area to be leased and agrees that it will submit plans of its proposed installations to the affected utility companies for review and concurrence. The Lessee further agrees that it will provide the Lessor with copies of written documentation from each utility that they have reviewed the proposed installation and concur with the plans to avoid and protect the existing utilities and to mitigate any damages. Such documentation will be submitted to the Lessor prior to any work being conducted on the Premises by Lessee. (ii) The Lessee agrees that it will not damage utility facilities presently existing and will repair at its cost such facilities if damage occurs due to its work within the right of way. Lessee further agrees that it will indemnify and hold harmless the Lessor and all utility companies presently occupying the right of way as a consequence of Lessee's action. In the event any utility shall need repairs /maintenance, the Lessee agrees that excavation and access to all utilities will never be precluded on the Premises. Rev. 3/06 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Solaris Property Owner, LLC (Full Legal Name) (If Corporation) By Attest (Seal) Reed Weilr Title: Authorized Agent Secretary STATE OF COLORADO ) ) ss COUNTY OF ) �-r— iye Federal Tax Identification Number The foregoing instrument was subscribed and sworn to before me this / v day of by 3-- -- Witness my hand and official seal. My commission expires u NotartPublic [_ COREY SWISHER NOTARY PUBLIC Address: STATE OF COLORADO My Commission Expires 10/3/10 ATTEST: DOUGLAS W. BENNETT Chief Clerk for Right of Way solaris soil nails lease LESSOR: COLORADO DEPARTMENT OF TRANSPORTATION Pamela Hutton, P.E. Chief Engineer Page 8 of 8 Rev. 3/06 { t �a c� z J I--- --� r 1- a tW o L 0 C, CO Ld d -Q nr�JO mo moo c� Q o > r7 Isy� �S 6z Iy��za�,� �° •� 'zS'1!! �" SD 00 K ' ;e o 1 _ --- - - -- W 139.63 ] ry c W co u z J H \ <L Q N � 0 - J � W O� w� z , Q F y Z U > � U z d L zm Ic Q L m. 3 ..6, J 0= w oZ 0 a w O� Q z J -� ri Lo- l4 CV 4 � 33 O W ! � a W !-1 O O O � a 0 � U CC O � U i �1 9 � Qi O w a 0 V - 216, - � ' ap- .i.l.n- In: � �'1'. .._t BFI 1 ] 1 :4• ; 1': i . , ,: 1 y I--- --� r 6 4 tW 0 C, CO Z c� Q ` o a � 'r a o ON 04 u z J H \ <L Q N � 0 - J � W O� w� z , Q F y Z U > � U z d L zm Ic Q L m. 3 ..6, J 0= w oZ 0 a w O� Q z J -� ri Lo- l4 CV 4 � 33 O W ! � a W !-1 O O O � a 0 � U CC O � U i �1 9 � Qi O w a 0 V - 216, - � ' ap- .i.l.n- In: � �'1'. .._t BFI 1 ] 1 :4• ; 1': i . , ,: 1 y I--- --� r 6 4 tW 0 C, CO Z C4 W ' ) \ o ON u z J H \ <L Q N � 0 - J � W O� w� z , Q F y Z U > � U z d L zm Ic Q L m. 3 ..6, J 0= w oZ 0 a w O� Q z J -� ri Lo- l4 CV 4 � 33 O W ! � a W !-1 O O O � a 0 � U CC O � U i �1 9 � Qi O w a 0 V - 216, - � ' ap- .i.l.n- In: � �'1'. .._t BFI 1 ] 1 :4• ; 1': i . , ,: 1 y I r EXHIBIT A SOLARIS SUBSURFACE LEASE LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED WITHIN INTERSTATE HIGHWAY No. 70 RIGHT -OF -WAY, IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6' PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHWEST CORNER OF LOT P, BLOCK 5D AND TRACT C, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE MAP THEREOF RECORDED UNDER RECEPTION No. 96382, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, THENCE S79 0 46'00 "E ALONG THE NORTHERLY LINE OF SAID LOT P A DISTANCE OF 53.02 FEET TO A POINT ON THE NORTH LINE OF CROSSROADS OF VAIL CONDOMINIUM MAP RECORDED UNDER RECEPTION No. 110174, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE DEPARTING SAID NORTH LINE OF SAID CROSSROADS OF VAIL CONDOMINIUM MAP AND SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 THE FOLLOWING FIVE (5) COURSES: 1) N 10 °14'00" E A DISTANCE OF 36.00 FEET; 2) S 79 °46'00" E A DISTANCE OF 253.00 FEET; 3) N 10 °14'00" E A DISTANCE OF 5.00 FEET; 4) S 79 °46'00" E A DISTANCE OF 156.33 FEET; 5) S 10 °14'00" W A DISTANCE OF 41.00 FEET TO A POINT ON THE. NORTH LINE OF A PARCEL OF LAND DESCRIBED IN A WARRANTY DEED RECORDED UNDER RECEPTION No. 865122, ALSO BEING A POINT ON SAID SOUTHERLY RIGHT -OF- WAY LINE OF SAID INTERSTATE HIGHWAY No. 70; THENCE N 79'46'00"W ALONG SAID SOUTHERLY RIGHT -OF- WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 A DISTANCE OF 409.33 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINING 15518 sq. ft. OR 0.356 ACRES OF LAND MORE OR LESS. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEH PEAK LAND SURVEYING, INC. P:\ 1300 - 1399\1313 \DOCS\Legal -I -70 Shoring Subsurface Legal.doc co r) C/) . 0 O 0 °4o 'hd 'C 40OZ/Z/9 ' —PnS 04l-j144A3\6rp\CjC1 ,, 66r,-oor :.. EXHIBIT B SOLARIS SURFACE LEASE LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED WITHIN INTERSTATE HIGHWAY No. 70 RIGHT -OF -WAY, IN THE NORTHEAST 114 OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6 PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHWEST CORNER OF LOT P, BLOCK 5D, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE MAP THEREOF RECORDED UNDER RECEPTION No. 96382, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, THENCE S79 0 46'00 "E ALONG THE NORTHERLY LINE OF SAID LOT P A DISTANCE OF 41.90 FEET, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No, 70, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE DEPARTING SAID NORTH LINE OF SAID CROSSROADS OF VAIL CONDOMINIUM MAP AND SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 THE FOLLOWING ELEVEN (11) COURSES: 1) N 29'33'09"E A DISTANCE OF 10.27 FEET; 2) N 68 °13'36" E A DISTANCE OF 14.47 FEET; 3) S 83 °0520" E A DISTANCE OF 21.28 FEET; 4) S 79 "3321" E A DISTANCE OF 99.57 FEET; 5) S 80 °02'23" E A DISTANCE OF 36.15 FEET; 6) S 80 °17'33" E A DISTANCE OF 75.60 FEET; 7) S 79 °5248" E A DISTANCE OF 39.36 FEET; 8) S 80'19'00" E A DISTANCE OF 88.48 FEET; 9) S 66 "2021' E A DISTANCE OF 12.64 FEET; 10) S 63 °29'29" E A DISTANCE OF 38.94 FEET; 11) S 11 "01`29" E A DISTANCE OF 6.55 FEET TO A POINT ON SAID SOUTHERLY RIGHT -OF- WAY LINE OF SAID INTERSTATE HIGHWAY No. 70; THENCE N 79 °46'00" W A DISTANCE OF 2.00 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN A WARRANTY DEED RECORDED UNDER RECEPTION No. 865122, ALSO BEING A POINT ON SAID SOUTHERLY RIGHT -OF- WAY LINE OF SAID INTERSTATE HIGHWAY No. 70; THENCE N 79 °46'00" W ALONG SAID SOUTHERLY RIGHT - OF- WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 A DISTANCE OF 423.40 FEET TO THE NORTHWEST CORNER OF CROSSROADS OF VAIL CONDOMINIUM MAP AS RECORDED UNDER RECEPTION No. 110174; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70, ALSO BEING THE NORTHERLY LINE OF SAID LOT P N 79 A DISTANCE OF 3.00 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINING 7637 sq. ft. OR 0.175 ACRES OF LAND MORE OR LESS. BRENT BIGGS PLS No. 27598 _ 4� PREPARED FOR AND ON BEHAL PEAK LAND SURVEYING, INC. M P: \1300 - 1399 \1313 \DOCS\Lcgal -1 -70 Surface Lcgal.doc � LJ J � d ~ IN x » � x � % � 0 | rq / a/ x •� A ~ a �Nx� » �w � \2 `2 }]§ 2 § e � C� P« . � \ � � » � § R � 0 CII 20 wu m \ Q 0 k @ \ o Q 2 / � B / > o 0 P 4 ® A to e § ƒ J\ � -'Ad 1141;LCWJtlr.' § § ) � a k § \ a &33418 �� NO �}§� * 3 �- < - A� \) � E_ »_ w (f �§ ¥/ 7§ 9 3 j \ C� P« . � \ � � » � § R � 0 CII 20 wu m \ Q 0 k @ \ o Q 2 / � B / > o 0 P 4 ® A to e § ƒ J\ � -'Ad 1141;LCWJtlr.' § § ) � a k § EXHIBIT C SOLARIS CRANE LEASE LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN INTERSTATE HIGHWAY No. 70 RIGHT-OF-WAY, IN THE NORTHEAST 114 OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6 PRINCIPAL MERIDIAN, TOWN OF VAIL. COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PEGINNING AT THE NORTHWEST CORNER OF LOT P, BLOCK 5D, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE MAP THEREOF RECORDED UNDER RECEPTION No. 96382, A SUBDIVISION IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 THENCE N 79 °46'00' W ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 A DISTANCE OF 139.38 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT -OF -WAY LINE INTERSTATE HIGHWAY No. 70 THE FOLLOWING THREE (3) COURSES: 1) 333.26 FEET ALONG A NON - TANGENT CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 89 °3839 ", A RADIUS OF 213.00 FEET AND A CHORD WHICH SEARS N 87 °46'30" E A DISTANCE OF 300.29 FEET; 2) 112.94 FEET ALONG A NON - TANGENT CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 49 °2342', A RADIUS OF 131..00 FEET AND A CHORD WHICH BEARS S 77 °08'39' E A DISTANCE OF 109.47 FEET; 3) 375.38 FEET ALONG A NON - TANGENT CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 93 A RADIUS OF 229.00 FEET AND A CHORD WHICH BEARS S 69 0 28'50" E A DISTANCE OF 334.74 FEET TO A POINT ON SAID SOUTHERLY RIGHT -OF- WAY LINE INTERSTATE HIGHWAY No. 70; THENCE N 79'46'00'W ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 A DISTANCE OF 122.26 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 THE FOLLOWING ELEVEN (11) COURSES: 1) N 11 °0129" W A DISTANCE OF 6.55 FEET; 2) N 63 °29'29" W A DISTANCE OF 38.94 FEET; 3) N 66'20'21 W A DISTANCE OF 12.94 FEET; 4) N 80 °19'00" W A DISTANCE OF 88.48 FEET; 5) N 79'52'48" W A DISTANCE OF 39.36 FEET; 6) N 80'17'33" W A DISTANCE OF 75.60 FEET; 7) N 80' 02'23' W A DISTANCE OF 36.15 FEET; 8) N 79 °33'21" W A DISTANCE OF 99.57 FEET; 9) N 83 °05'20' W A DISTANCE OF 21.28 FEET; 10) S 68'13'36' W A DISTANCE OF 14.47 FEET; 11) S 29'33'09' W A DISTANCE OF 10.27 FEET TO A POINT ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70; THENCE N 79 °46'00' W ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF SAID INTERSTATE HIGHWAY No. 70 A DISTANCE OF 41.90 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 56664 sm ft. OR 1.301 ACRES OF LAND MORE OR LESS. BRENT BIGGS PLS No. 2759 PREPARED FOR AND ON BEHALF OF PEAK LAND SURVEYING, INC. P:\ 1300 - 1399 \1313\DOCSU.egal -1.70 Crane.doc December 3, 2007 Ms. Dorlynn Erickson CDOT Region 3 Right of Way 222 South 6` Street Grand Junction, CO 81501 Re: Solaris Project CDOT Subsurface and Surface Lease Agreements I -70 South Frontage Road, Vail Lease Information Submittal — Responses to CDOT's 1 1127/07 Comments Dear Ms. Erickson: We are pleased to transmit with this letter ten sets of revised documents for the CDOT Lease Application Package Submittal for Subsurface and Surface Features for the Solaris Project in Vail, Colorado. This letter is organized in the following manner: Part 1 — Project Overview Part 2 — ROW Subsurface Features (Revised 12/3) Part 3 -- ROW Surface Features (Revised 12/3) Part 4 — Key Project Contact Information Part 5 — Status of Permits Part 6 — List of Revised QA/QC Submittal Documents (New 12/3) Part 7 — Confirmation on Lease Area Sizes (New 12/3) Part 1- Project Overview: The Solaris Project is located on the site of the now demolished Crossroads Shopping Center in Vail. The project includes 77 mountain residences and 22 commercial spaces and restaurants. The facility also includes state -of -the -art movie theatres, a bowling alley, and an expansive public plaza with an ice skating rink in the winter and interactive fountains in the summer. The project will also include 299 underground parking spaces. The site vicinity map is shown in Exhibit 3 in Tab 9. The environmental investigation is complete for the Solaris Development and CDOT has approved the categorical exclusion as per Form 128 requirements. 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.179.6666 j solarisvail.com Part 2 - ROW Subsurface Features: Description of Subsurface Project Features in the ROW: The below grade items that need to be placed in the CDOT ROW for the Solaris Project are soil nails for the earth retention system and dewatering well points. The lease duration for both of these features is 15 months starting December 2007. Soil Nails: The soil nails are necessary to retain the soil on the north side of the property during mass excavation for foundation construction. Construction alternatives were studied extensively and are not deemed feasible for numerous reasons. An internal shoring system was evaluated but ultimately eliminated due to the complex nature of the building structure. Internal shoring is not feasible due to significant construction, schedule duration, and cost issues. There are approximately 606 soil nails that will extend under Frontage Road. The typical dip angle of the soil nails is 15 degrees. The soil nails will reach a depth of 12 feet at a point located 36 feet from the ROW line. The soil retention system will be installed as the excavation is taking place in approximately five to six foot lifts. Please see Exhibit 9 in Tab 15 of this binder for complete plans and details of the soil retention system. The soil nails will remain in the ROW after the building is erected. Once the ground floor is constructed and the foundation is backfilled, the soil nails are considered obsolete and will no longer provide structural stability to the building. They can be cut anytime after the ground level deck (Level 3) is fully placed and cured. The soil nail system designed for Solaris Development has been used throughout the Town of Vail, the state of Colorado, and the United States and is proven without causing problems to adjacent roads or structures. Examples of projects that used soil nails in the ROW include the Vail Parking Structure, the new Vail Plaza, and the Four Seasons. These projects and numerous others around the state have proven the system to be safe and reliable. Dewatering Well Points: The dewatering wells will be drilled just outside the property line in the ROW. There will be approximately 13 wells spaced at 48 ft., 32 ft., and 16 ft. center to center spacing. The wells will be installed and piped together to dewater the site prior to excavation. In order to effectively bring the water table down, it is necessary to place wells on all four sides of the site, including the north side, in MOT ROW. The wells need to be placed in the ROW because they need to be outside of the soil retention system (shoring) and far enough away from the shoring to allow the wells to function properly. 2 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 solarlsvail.com Part 3 - ROW Surface Features: Construction of the Solaris Project will change and improve ROW features with the following: 1. New curb, gutter, and sidewalk will be constructed along the south side of Frontage Road where none existed. 2. Median improvements will be completed. 3. Signage improvements will be completed. 4. Landscaping and lighting improvements will be made in the ROW and adjacent to the ROW. 5. Improved site access and drainage along Frontage Road. 6. Provide a 2" asphalt overlay on Frontage Road in front of the project. The above listed improvements were developed with the Town of Vail input and guidance throughout the plan review and design process. The end result of these improvements will be improved traffic flow, pedestrian access, and public safety along Frontage Road. Description of Project Activities in the ROW: The Solaris Project will need a temporary construction staging area in the ROW. The construction staging area will be located between the property line and inside the Jersey barriers. The staging area is shown as the hatched area of Exhibit A in Tab 20 of this binder. This area will be used for delivering, unloading, and transferring of construction materials necessary to build the project. The truck unloading will be done by both forklift and tower crane only in the defined unloading zone. Tower cranes will not swing loads over the Frontage Road. Starting in December 2007, the construction staging area will be needed for 34 months. The temporary construction staging area in the ROW will be used daily for: • Delivering, unloading, and transferring of construction materials necessary to build the project. • Temporary staging of concrete delivery trucks and associated pump trucks. • Unloading of precast and structural steel delivery trucks_ • Mechanical, Electrical, Plumbing material deliveries. • Exterior fagade material deliveries. • Interior finishes material deliveries. • Placement and adjustment of Jersey Barriers. • Temporary setup of mobile cranes for the removal or reconfiguration of the Tower Cranes. 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 solarisvail.com Why Improvements Can Not Be Located on Applicant's Land: The Solaris Project has been designed in accordance with Town of Vail Codes and Planning Department Guidelines and Standards which allow the building footprint to extend to the property line. We have followed precedent established by numerous projects in the Town. Pursuant to the Development Agreement with the Town of Vail, the Solaris Project has been designed with significant public facilities included in the project. These public facilities include the movie theatres, bowling alley, restaurants, retail shops, public plaza with an ice skating rink, and public parking. Solaris is required to include these public facilities in the project. Without them, the project cannot be built. The building footprint has been pushed to the property boundaries, largely in part, due to these public facilities. The large public plaza area was naturally designed on the south side of the property to provide a warm open space. East Meadow Drive is also where many pedestrians travel and this will be the more public side of the building. Creating this large open plaza area naturally pushed the main tower of the building to the North. In addition, the Town of Vail's requirement for additional public parking spaces forced the foundation walls to the perimeter of the property to maximize the number of spaces. As discussed previously in Part 2 of this letter, both the soil nails and dewatering wells are subsurface features which will have no impact to the public. Furthermore, there is no other alternative for the construction staging area other than in the CDOT ROW. The Solaris team had many discussions and work sessions with the Town of Vail when preparing its construction staging plan. We had discussed placing the construction staging area along the local town roads, either on Village Center Drive or East Meadow Drive. However, the Town would not allow either option. Both of these local roads are high pedestrian traffic areas. East Meadow Drive is a main thoroughfare for skiers and visitors alike as well as the central route through town for the free Town of Vail bus. A construction staging area along these roads would cause congestion with the bus and pedestrian traffic and create highly dangerous conditions for the public. In addition, emergency response teams would have a difficult time navigating their way through these busy local roads and could make a hazardous situation potentially worse. For these reasons, the construction staging area cannot be placed along Town roads. The most practical and least impacted space for the construction staging area is the CDOT ROW (the proposed surface lease area). Traffic flow along the Frontage Road will not be impacted as the two current lanes of traffic will remain open. Trucks can easily and safely pull in and out of the flow of traffic into the staging area. Moreover, emergency response teams have a safe, secure staging area and quick access to the site. The motoring public is protected by the jersey barriers which surround the construction staging area. 4 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 solarisvail.com For the reasons stated above, some construction activities will necessarily have to take place outside of the property line. Clearly, it is in the best interest of the Town of Vail and the public for the Solaris Project to be complete so they can start enjoying all the great public facilities. Allowing the requested activities to take place in the CDOT ROW is the only way the Solaris Project can be completed. Part 4 - Key Contact Information for the Solaris Project: Name Company —Role Position Phone Gerry Poye Solaris — Owner Protect Executive 970- 479 -7566 Dan Feeney Solaris — Owner Project Manager 970 -479 -7566 Tom Ogg Solaris —Owner Project Manager 970 - 479 -7138 Megan Boord Solaris — Owner Project Administrator 970 - 479 -7566 Frank Makris Weitz — General Contractor General Superintendent 1 303 -503 -3578 Dan Vickers Weitz — General Contractor Construction Manager 303 -503 -5538 Craig McPeek Weitz — General Contractor Site Superintendent 303 -518 -5929 Larry Co ins Cog ins & Sons — Shoring Sub President 303 -791 -9911 Jim Krebsbach Coggin & Sons — Shoring Sub Superintendent 720- 470 -4200 Part 5 - Status of Permits: The following CDOT Permits have been obtained for the Solaris Project: 1. State Highway Access Permit Numbers 306023, 306024, 306025, and 306026 Located on Highway I -70 S. Frontage Road, Milepost 176.350 & 176.370 in Eagle County. 2. Special Use Permit Number 13,523 issued 5/23/07. 3. Special Use Permit Number 13,612 issued 7/23/07. 4. Special Use Permit Number 13,675 issued 9/7/07. 5. Special Use Permit Number 13,677 issued 9/7/07. Part 6 - List of Revised QA/QC Documents: The following documents have been revised in response to the CDOT Review Checklist comments dated 11/27/07: Binder Cover — Please replace the Binder Cover sheet with the enclosed updated cover to include a re- submittal date of 12/3/07. Table of Contents — Please replace the 10/11/07 Table of Contents with the revised document. The name of the document in Tab 6 was revised to Emergency Response Plan and Incident Management Plan. Tab 2 — Independent Quality Assurance Review of Geotechnical Recommendations by Koechlein dated 11/29/07 replaces the Koechlein letter dated 9/4/07. 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7556 I Fax 970.479.6666 1 solarlsvall.com I' Tab 3 — Independent Quality Assurance Review of the Soil Nail & Wall Design by CTL Thompson dated 11/8/07 replaces their letter dated 10/5/07. Tab 4 — Independent Quality Assurance Review of the Dewatering Concept and Design by Jehn Water Consultants dated 11/8/07 replaces the Jelin Water Consultants letter dated 10/5/07. Tab 4 — Independent Quality Assurance Review of the Dewatering Concept and Design by Jehn Engineering dated 11/29/07 replaces the Jehn Engineering letter dated 10/5/07. Tab 4 — Insert new letter by CTL Thompson dated 11/29/07 in response to wall failure scenario question on page 4 of the CDOT Review Checklist dated 11/27/07. Tab 4 — Insert new letter by Jehn Water Consultants dated 11/30/07 that provides a peer review of CTL Thompson's Scenario Response dated 11/29/07 per page 4 of the CDOT Review Checklist date 11/27/07. Tab 4 — Insert new letter by Jehn Engineering dated 11/29/07 that provides a peer review of CTL Thompson's Scenario Response dated 11/29/07 per page 4 of the CDOT Review Checklist date 11/27/07. Tab 6 — Insert new Emergency Response Plan — Soil Nails & Dewatering dated 12/3/07 in Tab 6. Also insert new Emergency Response Plan — Soil Nails, Dewatering, & Tower Cranes dated 12/3/07 in Tab 6. These documents replace the Project Safety Management & Emergency Response Plan dated 10/11/07. To provide complete coverage of Safety Critical Work, we have included two versions of the Emergency Response Plan. The first is only for the Soil Nails and Dewatering and the second also includes the Tower Cranes. 6 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 5olarisvail.COm Part 7 - Confirmation on Leased Area Sizes: In response to the comment on page 7 of the CDOT Review Checklist, the Solaris team confirms that the leased area sizes and descriptions provided in the following documents are correct: Exhibit 2 — in Tab 8 of the 10 /11 /07 QA/QC Submittal Binder — Solaris Subsurface Lease Sketch and Legal Description by PLC printed 6/7/07. Exhibit B — in Tab B of the 10/11/07 QA./QC Submittal Binder — Solaris Surface Lease Sketch and Legal Description by PLC printed 6/7/07. Exhibit C in Tab C of the 10/11/07 QA/QC Submittal Binder — Solaris Crane Sketch and Legal Description by PLC printed 10/11/07. Note, the above Exhibits are included in Tabs 8, B, and C of the 10/1 1/07 Submittal Binder. This also confirms that the data relating to Soil Nails and Dewatering in the cover letter dated 10/11/07 is correct, however this cover letter dated 12/3/07 adds new Part 6 and Part 7 information. Please use this cover letter for completeness reasons. Please call Gerry Poye, Solaris Project Executive or Tom Ogg, Project Manager at 970- 479 -7566 with any questions. We greatly appreciate your timely review and approval of these revised submittal documents. Sincerely, Solaris Property Owner, LLC By: Gerry Poye Project Executive cc: Megan Boord/Solaris Dan Feeney /Solaris Tom Ogg/Solaris Skip Hudson/Turnkey Frank Makris /Weitz 7 2211 North Frontage Rd I Suite A 1 Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 solarlsvall.com November 5, 2007 Mr. Jim Nall CDOT Region 3 Traffic & Safety Program Manager 222 South 6 Street, Suite 100 Grand Junction, CO 81501 Re: Solaris Project I -70 South Frontage Road, Vail Crane Information Submittal — for Lease Agreement Dear Mr. Nall: We are transmitting five (5) originals of the revised Crane Information Package for tower cranes to be used on Solaris Project in Vail, Colorado. For your convenience this revised submittal binder completely replaces our previous submittal dated 10/8/07 and the clarification letter dated 10/12/07. CDOT reviewed the 10/8/07 Crane Information Binder and recommended eliminating the Frontage Road lane closures for dismantling the tower cranes. Per your recommendations, the crane erection and dismantling approach has been revised to the following: • Temporary mobile cranes will be located on the leased portion of Frontage Road right of way or on local Town of Vail road right of way. • Tower Crane erection and dismantle will not require any through lane closures on Frontage Road. It is our understanding that CDOT will submit the Crane Information Package to FHWA for their authorization to CDOT to include the tower cranes in the CDOT / Solaris Lease Agreement. Project Overview: The Solaris project is located on the site of the historic Crossroads Shopping Center in Vail. The project includes 77 luxury mountain residences and 22 commercial spaces and restaurants. The facility also includes state -of -the -art movie theatre, bowling, and an expansive public plaza with an ice skating rink in the winter and interactive fountains in the summer. The project will also include 299 underground parking spaces. 2211 North Frontage Rd I Suite A 1! veil, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.473.6666 I solarisvell.com Description of ROW Features Changed by the Project: Construction of Solaris project will change ROW features with the following: 1. New curb, gutter, and sidewalk will be constructed along the south side of Frontage Road where none existed. 2. Median improvements will be completed. 3. Signage improvements will be completed. 4. Landscaping and lighting improvements will be made in the ROW and adjacent to the ROW. 5. Improved site access and drainage along Frontage Road. 6. Provide a 2" asphalt overlay on Frontage Road in front of the project. 7. The above improvements include reconstructing the existing intersection of South Frontage Road and Village Center to eliminate confusion with the nearby access to Vail Parking Garage, per the CDOT access permit. Approach to Tower Crane Setup and Removal: The setup of the three tower cranes required for Solaris construction activities are shown on Drawing TC -1 in Tab 6 of this binder. The setup of the three tower cranes will be done by a 300 Ton mobile hydraulic crane. This mobile crane will be setup inside the site in three locations as shown on TC -1. Tower Crane #2 is the first to be removed in November 2008. A 300 Ton mobile hydraulic crane will be setup on the Frontage Road ROW. Tower Crane #2 will be removed and Tower Cranes #1 and #3 will be reconfigured with slightly longer booms in four to five days. Removal of Tower Crane #1 will occur next in December 2009 and will take two to three days. Please see Drawings TC -4 and TC -6. The 300 Ton mobile hydraulic crane will be setup in a manner on Frontage Road ROW that does not require a lane closure. In addition, the mobile crane used to remove tower cranes will be moved offsite after normal work hours. The mobile crane will not stay in the ROW overnight. Tower Crane #3 is the last crane to be removed in March 2010 and this will also take two to three days. The 300 Ton mobile hydraulic crane will be set up on Village Center Road for Tower Crane #3 removal and will not be on the Frontage Road ROW_ Please see Drawing TC -8. 2211 North Frontage Rd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 solartsvail.com Edge of Pavement and Turn Lane Clarification: The plans show the existing edge of pavement as a dashed line. In front of the Project, the 1 -70 South Frontage Road includes 2 westbound through lanes, 1 center turn lane, 2 eastbound through lanes, and 1 right turn deceleration lane for Village Center Road. The existing right turn lane causes driver confusion because they think it is the entrance to the parking garage, which is actually one driveway to the east of Village Center Road. Based on a request from the Town of Vail, the current CDOT access permit for Village Center Road includes the requirement to close the existing eastbound right turn lane. The work zone in front of the Project (area to be leased) will be delineated by a line of concrete (Jersey) barriers. The plans show the line of barriers located at 6 -feet from the edge of the existing eastbound through lane, in order to allow a temporary sideway required by the Town of Vail. This means that the existing eastbound right turn lane will be closed during project construction, and then permanently closed as part of the access permit construction. In other words, the construction activity will implement the final configuration required in the CDOT Access Permit. Commitment to CDOT Insurance Requirements: The Solaris Project will utilize either a CCIP or OCIP insurance program that exceeds CDOT insurance requirements. The Solaris Project GL policy will be in excess of either $10 million or $20 million requirement currently under consideration by CDOT. Colorado Department of Transportation will be listed as additional insured on the project insurance program certificate. Please call Gerry Poye, Solaris Project Director, or Tom Ogg, Solaris Project Manager at 970 -479 -7566 with any questions. Thank you for your assistance with the Solaris applications. Sincerely, Solaris Property Owner, LLC By: Gerry Poye Project Executive cc: Megan Boord/Solaris Dan Feeney / Solaris Tom Ogg/Solaris Skip Hudson/Turnkey Frank Makris/Weitz 2211 North Frontage Pd I Suite A I Vail, Colorado 81657 1 Phone 970.479.7566 1 Fax 970.479.6666 1 solerrsvall.COm BUILD IN GOOD COMPANY. Gerry Poye Solaris Property Owner, LLC 2211 North Frontage Road Vail, CO 81601 September 27, 2007 Dear Gerry, E . - R Tower Crane Analysis Narrative The current approach to managing the erection of the Solaris structure is to use a collaboration of three tower cranes. The tower cranes will be utilized for the horizontal and vertical movement of materials required for all construction activities. These activities include, but are not limited to steel erection, precast concrete erection, as well as rebar, stone and other heavy material unloading. Tower crane I will be erected May 15, 2008 and disassembled January 10, 2010. Tower crane 2 will be erected May 19, 2008 and disassembled October 22, 2008. Tower crane 3 will be erected July 30, 2008 and disassembled March 30, 2010. The Weitz Company believes that the current approach of utilizing three tower cranes is the most proficient solution for erecting the steel involved in the Solaris project. You will see the benefit of this alternative by means of both cost savings and positive schedule impact. Many - n different factors were taken into consideration while deter ining the best arrangement for the cranes, including cost comparisons, effects on the overall schedule, workability, duration of steel erection and process efficiency. After working through these options and running many different scenarios our recommendation is based on the following. First of all, the large sizes of steel members required for this project are driving the need for a third crane to be involved. Cranes 1 and 3 are unable to be located anywhere other than there proposed location because it will interfere with erecting the structure. From there locations currently proposed the cranes are physically unable to pick these larger members from the designated staging area. Put simply, a third crane of some sort is needed for a portion of the erection process. Additionally, operating three cranes simultaneously will allow LPR to begin a second erection crew much earlier. Because Crane 2 will pick steel from the trucks and feed it to both of the other tower cranes at the same time, the second crew is scheduled to begin within twenty working days of steel erection beginning. This will make the erection process go much quicker and save the Owner money. An option which was considered was using a mobile crane, such as a luffer, as an alternate to the third tower crane. Weitz determined that using a mobile crane as an alternate to a third I : " npurgry Amn INT1:11RITY . APSM'Trnia Prnpi F . PFRFnAMANC.F WITH 4R1qn1 I ITr APIARIFITY. I nNr.TF:RM PFA.QPr1'-T1VF NO IRTUrtimr PFFLQoN AI nanwra i I BUILD IN GOOD COMPANY. tower crane would extend the project schedule more than six months, which will add substantial cost to the project. Part of the issue is that for any mobile crane to pick the larger steel members of the delivery trucks, it will need to be located up on the staging area. However, both CDOT and Town Of Vail will not allow any equipment to be stored within the right of way (construction staging area). This will require daily downtime of 60 to 90 minutes per day spent just moving the crane up to the staging area in the morning and back down into the hole every night. This option is far too inefficient for Weitz to feel comfortable recommending. Another option considered was just using one tower crane for erection. The location of this one crane would require that steel be delivered and staged down in the plaza area or again a mobile crane would have to travel up to the current staging are to pick the steel of the trucks. Staging trucks in the excavated hole would have added over a year to the project due to the inability to erect the plaza steel while that area was used as staging. Using a mobile crane to feed the tower crane would create the same inefficient situation as described above. Also, using only one tower crane for erection would eliminate the ability to run two erection crews concurrently, again increasing the duration of steel erection. In conclusion, The Weitz Company believes that the current approach of utilizing three tower cranes is the most proficient solution for erecting the steel involved in the Solaris project. This conclusion was determined by analyzing many different factors, including cost comparisons, effects on the overall schedule and process efficiency. All in all, by selecting the recommended option, you will benefit by means of both cost savings and positive schedule impact. Regards, Frank Makris The Weitz Company General Superintendent o ? pYW ■pG�^ / u F = r -■ r I G ° n 8 e F o ° "a j 4 P.. 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C " 4 C9W ak G 'o F� aa a\ WHO B f XON \ C WO / i O g W W Q \ U= U / \ �; N 000 O W 11 O D N 6 V/ W � W ch g c� w '^ z_ z �s Z�a mW O FW= R a U H '^ v/ W N WW< j _ Um uj Z ~ M 9 Z j � _ ZUi - -- _ — 'i°n ' o m �i a 'I W Ln _ ' N J W J d Ln I r o t' L/ I 9 '91 \ON L azloW4 03AVS 801:8 6Mp'8Z)1 £aso4d -6w601 ,uo,o[ \a6oIs —auo,o \spa \suold\sl \SdW0H1\ NOLLVDOI CDOT Region 3 9/1 7/07 Quality Control and Quality Assurance Process for Soil Nails & Dewatering Applicable to the Solaris Project and the Ritz Carlton Project Pur ose This Process identifies elements of the quality control (QC) and quality assurance (QA) process associated with soil nail and dewatering activities within the I70 right of way in Vail. In general, the Process identifies the specific roles and responsibilities of the private and public sector partners. The purpose is to provide a comprehensive process that ensures the long -term stability of the highway structure, and ensures safety for users of the state highway system in CDOT Region 3. All activities must be authorized by CDOT and FHWA under the terms of a subsurface lease agreement. The specific project plans created as part of this process will be incorporated into the lease agreement. Applicabili ty The Process applies soil nail and dewatering activities that are designed and constructed by the Solaris Project and the Ritz Carlton Project in Vail. These activities are typically allowed under specific CDOT permits or land lease agreements. As such, the Process will refer to the Solaris or Ritz Carlton entities as "applicant." The subsurface activities are limited to soil nails and dewatering. The Process applies to all elements of the design and construction process, including geotechnical report reviews, design reviews, construction monitoring, and emergency response to failure conditions. Task Responsibility Timin Independent Quality Assurance Prior to soil nail and/or Review of Geotechnical Applicant dewatering system design Rccommendations Independent Quality Assurance Prior to application for permits Review of Soil Nail Design, Applicant and/or lease Calculations, and Plans Independent Quality Assurance to application for permits Review of Dewatering Design, Applicant and/or / or lease a a Calculations, and Plans $ Construction QC Monitoring and Applicant Prior to application for permits 6 Plan a Reporting and/or lease Emergency Response Plan Applicant Prior to application for permits and/or lease Review and Approval of all CDOT — see Prior to preparation of lease Preconstruction Documents — following sections package for FHWA review and original designs and quality for responsible staff approval assurance reviews QC Monitoring and Reporting Applicant Prior to and during construction 0 Prior to and during construction CDOT Residency — weekly or biweekly QA Observation and Reporting CDOT Region Prior to and during construction 0 Materials Engineer - Monthly Emergency Response A licant & CDOT When and if necessar CDOT Region 3 9/17/07 PRE - CONSTRUCTION Independent Review of Geotechnical Recommendations The applicant shall provide an independent review of the site geotechnical report and recommendations. The review shall be conducted by a Professional Engineer (PE) licensed in the state of Colorado, who must provide a written statement regarding experience and qualifications necessary to conduct the review. The PE must be independent of the engineer and/or engineering firm that created the geotechnical report. The review will check at least 10% of the report and recommendations. The geotech report must be reviewed to ensure the accuracy of the report and that the design criteria recommended represent the site conditions. The review should be completed prior to soil nail and/or dewatering system design. It must be provided to CDOT upon application for permits and/or leases. It must be approved by the Region 3 Materials Engineer, the Region 3 Resident Engineer, and the Staff Geotechnical Engineer before the lease package is submitted to FHWA for review and approval Independent Review of the Soil Nail & Wall Design Concept and Calculations The soil nail wall design and construction shall follow FHWA Publication No. FHWA A- SA- 96 -069R Manual for Design & Construction Monitoring of Soil Nail Walls, Revised October 1998. The applicant shall provide an independent review of the soil nail & wall design concept and calculations. This review will be done by a Professional Engineer (PE) licensed in the state of Colorado, who must provide a written statement regarding experience and qualifications necessary to conduct the review. The PE must be independent of the engineer and/or engineering firm that created the soil nail & wall design. The review will check the design and at least 10% of the calculations for correctness. The review must be provided to CDOT upon application for permits and/or leases. It must be approved by CDOT before the lease package is submitted to FHWA for review and approval, including the Region 3 Traffic Engineer, the Region 3 Materials Engineer, and the Region 3 Resident Engineer, and the Staff Geotechnical Engineer. Independent Review of the DewateLLng Concept and Design The applicant shall provide an independent review of the dewatering concept and design. This review will be done by a Professional Engineer (PE) licensed in the state of Colorado, who must provide a written statement regarding experience and qualifications necessary to conduct the review. The PE must be independent of the engineer and/or engineering firm that created the dewatering concept and design. The review will check the design and at least 10% of the calculations for correctness. The review must be provided to CDOT upon application for permits and/or leases. It must be approved by CDOT before the lease package is submitted to FHWA for review and approval, including the Region 3 Traffic Engineer, the Region 3 Materials Engineer, and the Region 3 Resident Engineer, and the Staff Geotechnical Engineer. Prepare Construction QC Monitoring and Reporting Plan The applicant shall provide a specific Construction QC Monitoring and Reporting Plan (QC Plan) that addresses survey techniques, roles and responsibilities, report contents, timing of monitoring and reporting. Monitoring points will be installed into the wall and monitored at a frequency deemed appropriate by the Region Materials Engineer. The QC Plan must be provided to CDOT upon CDOT Region 3 9/17/07 application for permits and/or leases. It must be approved the Region 3 Materials Engineer, the Region 3 Resident Engineer, and the Staff Geotechnical.Engineer befdre the lease package is submitted to FHWA for review and approval. Prepare Emerrencv Response Plan The applicant shall provide a specific Emergency Response Plan (ER Plan) that addresses safety critical work, as defined by CDOT Revised Specification 101. The ER Plan shall provide information in general conformance to CDOT Revised Specification 107, including the following elements. • Applicant responsibilities — overall coordination and communication • Contractor responsibilities — safety officers and competent persons • CDOT responsibilities — public and traveler information • A listing of all significant and/or high -risk subsurface construction activities and safety considerations, including the definition of failures such that a safety stand down would be required. • A hazard assessment for each activity, including failure recovery plans • The notification, investigation, and implementation procedures that the Contractor shall follow in the case of a safety stand down (as defined by Revised Section 107 of the CDOT Standard Specifications — Project Safety Planning). • The notification, investigation, and implementation procedures that the Contractor shall follow in the case of a safety stand down. If dewatering is required for stability of the soil nail wall, then the ER Plan must identify the procedure for maintaining stability of the wall in the event of pump failure or interruption of power to the pumping equipment. The ER Plan must be provided to CDOT upon application for permits and/or leases. It must be approved by the Region 3 Traffic Engineer, the Region 3 Materials Engineer, the Region 3 Resident Engineer, and the Staff Geotechnical Engineer before the lease package is submitted to FHWA for review and approval, Information Required in the Application Package As a minimum, the applicant shall provide ten copies of the following information to CDOT when requesting construction permits and/or lease agreements. CDOT may request more information during the review process. FHWA review and approval is required if the subsurface activities occur within interstate ROW. • A cover letter and attachments explaining the following; 1)Description of project activity; - specific details on the proposed subsurface activities as well as general activity that affects right of way and property adjacent thereto (2) length of time right of way would be utilized for private use (3) location of site (site map and/or specific information to locate and identify site) When available include photographs of the area to be leased (4) key contact information (S) Justification as to why improvements cannot be located on applicant's land (6) definition of subject site, including plan sheet (sketch) of subject area that is clearly defined and highlighted and legal description of proposed lease area, (S) All available information for any pending permits (access, utilities, landscaping etc.) that will affect the lease, such as permit application or draft of permits). The letter must clearly state that the Applicant understands that they are responsible to obtain all necessary environmental permits and clearances including but not limited to; utility, access and landscaping permits and environmental clearance from CDOT. CDOT Region 3 9/17/07 • A site plan concept with features • Utility drawings showing existing utilities in Right of Way • Phase 1 ESA and other necessary environmental reports • Geotechnical Report • Independent Review of Geotechnical Report • Soil Nail Plans and Design Calculations • Independent Review of Soil Nail Plans and Design Calculations • Dewatering system plans and calculations • Independent Review of Dewatering system plans and calculations • Construction QC Monitoring and Reporting Plan • Emergency Response Plan CONSTRUCTION A preconstruction meeting shall be held prior to commencement of subsurface activities in the ROW. The CDOT Resident Engineer shall designate a representative for the project at the preconstruction meeting. Quality Control (QC) Monitoringand Reporting The Applicant shall provide monitoring and reporting in accordance with the approved QC Plan. The Applicant shall install monitoring points for baseline and future survey reference. Unless otherwise stated in the QC Plan, the monitoring frequency shall be weekly and shall commence immediately after construction of the first cut or lift. The weekly construction report shall describe the weekly construction progress and provide data regarding the dewatering wells (if applicable) and wall deflections. The data shall be presented clearly and concisely with graphs showing vertical and horizontal deformations of the monitoring points plotted versus the date of the reading. Daily water levels shall be included in the report if dewatering is required as part of the construction. The Applicant shall send the reports (via email) to the CDOT Resident Engineer (or his representative designated at the start of the project) and the Region Materials Engineer. If the Contractor fails to provide timely monitoring information or incomplete or unsatisfactory data, CDOT can issue a stop work order until the reporting deficiencies have been addressed. If the construction proceeds at a slow pace and weekly reporting is unnecessary then the reporting frequency may be reduced if requested in writing and approved by the CDOT Resident Engineer and Region Materials Engineer. Quality Assurance (QA) Observation and Reporting The CDOT Resident Engineer (or representative) will conduct site visits as necessary, usually every week or two weeks depending on the project schedule and amount of work completed. These visits will begin when subsurface activities commence and will continue throughout the period when soil nails and/or dewatering systems are active. During these visits observations will be made regarding the installation of deflection monitoring points, dewatering equipment (if applicable), face stability, soil nail pullout tests, and surface cracking within the ROW. Photographs shall be taken at these visits to enhance the documentation of the construction process and to demonstrate techniques employed during construction. CDOT Region 3 9/17/07 The CDOT Materials Engineer will conduct monthly site visits. After review, the CDOT Materials Engineer will forward the construction and stability monitoring reports to the FHWA Colorado Division Operations Engineer for Region 3, and the FHWA Structural Engineer and Materials Engineer. Control of Work CDOT and/or FHWA may inspect any part of the work within CDOT Right -of -Way during construction. CDOT Inspectors are authorized to enforce the conditions of the lease during construction and to halt any activities within the Right-of-Way do not comply within the provisions of the lease, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers and the public. This constitutes a stand -down order. Emergency Response The Applicant shall implement the provision of the ER plan when any of the defined failures are identified. In the event of wall instability or failure, the applicant shall immediately notify the CDOT Resident Engineer and the Region Materials Engineer. In an emergency situation, the Applicant shall notify CDOT Maintenance personnel by contacting the Hanging Lake Tunnel at (970) 945 -3840. The Applicant shall cease work immediately if the CDOT ROW is at risk in any way due to instability in the excavation.