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HomeMy WebLinkAbout Memorandum of Understanding, Public Way PemitTOW Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970- 479 -2158 Fax: 970 - 479 -2166 www.vail,aoi MEMORANDUM OF UNDERSTANDING Conditions of a Public Way Permit for the Solaris Development Weitz Company and the Town of Vail In order to facilitate the construction of the Solaris Project in Vail, the Town of Vail will approve the use of Public ROW along Village Center Rd., East Meadow Drive, and the South Frontage road (as specifically approved by CDOT) for construction staging and construction Trailer placement as per the attached plan dated November 27, 2007, under the convention of a Public Way permit and the following additional conditions; No modifications to the attached plan shall be made without prior approval from the Town of Vail. 1 Absolutely no deliveries /pick -ups, vehicles standing, stopping or parking will be permitted within the Public ROW (unless as noted in number 3 below), as this will result in an unpermitted lane or walk closure which is unacceptable. Any violation of this by the Weitz company or any Solaris project affiliate will result in the following; a. Standard moving /parking violation issued by Town of Vail Police Department on each occasion. b. Each unpermitted violation will result in a lane closure Public Way permit which will require double fees for the unpermitted use. ( —$500) C. The Third & Fourth unpermitted violation will result in a red tag on the site, which will remain in place for a minimum of 48 hours or until a resolution to the problem has been achieved to the satisfaction of the Town. d. The Fifth unpermitted violation will result in the revocation of the Public Way permit and all construction staging, materials, work and trailers shall be removed from the Public Way within 5 working days. 3. A Commercial Loading and Delivery zone will be established by the Town at the southern most east corner of the Village Center Dr. /East Meadow intersection. This will be temporarily established for merchant deliveries. It may be used by this development for deliveries such as, FED EX, UPS, courier service, food and beverage delivery. It shall NOT be used for any construction related deliveries, meeting parking, consultant parking, owner parking, contractor parking, personal vehicles etc... (When in doubt for use contact Town). (violations to this shall result in the same measures as delineated in #2 above) 4. Absolutely no use of East Meadow drive unless otherwise authorized by the Town of Vail. And no use of the South Frontage Rd unless permitted by CDOT. (violations to this shall result in the same. measures as delineated in #2 above) 5. The Town maintains the right at all times to curtail or stop all or some construction traffic from entering or exiting the site based on the safety conditions of the ROW and impacts to the public. This may result in any one of the following or others as necessary; (violations to this shall result in the same measures as delineated in #2 above) a. Restriction of hours on construction traffic. b. Restrictions on turn movements of construction traffic C. Restrictions on type of construction traffic. d. Modification of Traffic Control personnel and /or devices. 6. The Weitz company shall provide the following traffic control measures; (violations to this shall result in the same measures as delineated in #2 above) a. A certified Traffic Control Plan b. A white shoulder line along the S. Frontage Rd., A Stop bar at the top of Village Center Dr., and a double yellow line delineating the north/south lanes on Village Center Dr. C. Removable orange reflective construction cones along the Village Center Dr. double yellow line shall be placed during large vehicle construction activities accessing via Village Center Dr. (excavation, material delivery) and shall remain in place for the duration of the activities. These shall be removed by dark and at all times that large vehicles are not accessing the site (excavation, material deliveries). These shall be removed at any time to facilitate snowplow operations by the Town. d.. No parking signs shall be added to the Village Center Drive fencing (3), the East Meadow Drive fencing (3), and behind the sidewalk along Village Center Dr. (2 with posts provided by the Town - installed by Weitz). e. Temporary lighting shall be added at the following locations; S. Frontage Rd along fence (4), intersection of Village Center and East Meadow (1), East Meadow westbound busstop (1). 7. The Town will provide normal snowplow operations along these roads and provide normal traction materials (cinders & mag chloride) on a.basis similar to past winters. Any additional plowing, traction measures shall be done at the cost of the contractor. All traction materials other than cinders and mag chloride will not be permitted unless otherwise approved by the Town. The use of mag chloride shall be used sparingly and as needed. Overuse can provide a negative effect on the health of Gore Creek. The above terms and conditions are agreed to by and between the Weitz Company and the Town of Vail, and shall be held in effect for the duration of the permitted Public Way encroachment as delineated on the attached plan. Frank Makris Date Yorn Kassmel D qYe Weitz Compan Town of Vail