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Home My WebLink AboutVAIL VILLAGE FILING 12 BLOCK 2 LOT 1 BOOTH FALL MOUNTAIN HOMES GENERAL LEGAL.pdfA. ru, /dk t VV IL flu00PY 75 South Frontage Rd. Vail, Colorado 81657 970479-2138t479-2139 FAX970-479-2452 July 14, 2009 Booth Falls Mountain Homes Homeowners Association PO Box 3592 Vail, CO 81658 (97O)476-5843 Re: Booth Falls Mountain Homes/ 3094 Booth Falls Rd BO1-0244 DIA refund for landscaping Dear Mrs. Fritz, The purpose of this letter is to formally confirm the release of the remainder of the cash bond that was obtained by the Town of Vail from Booth Falls Mountain Homes for remaining landscaping work for permit 801-0244. Since all of the landscaping is complete, the Town will release the remaining $5,625 within thirty days via check. Upon inspection of the site, Town Staff noticed deterioration of the rockfall hazard mitigation walls that are on site and within a Town of Vail owned easement. According to the engineer's reports, the walls need to be maintained in order to provide structural integrity of the walls. There are numerous locations on the north side of the walls that have sustained damage from impact of falling rocks. According to the easement agreement in place between the Town of Vail and Booth Falls Mountain Homes, the Town of Vail will work to clear the north side of the walls from debris, and the HOA will maintain and repair the walls that have sustained damage. The Town of Vail will routinely send work crews to the site to clear rock debris. However, the HOA needs to repair the damaged walls in order to maintain the structural integrity of the walls and to increase the longevity of the walls. This letter serves as a reminder that the Booth Falls Mountain Homes HOA is responsible for maintenance of the rockfall hazard mitigation walls, and the HOA should plan for capital expenses in the future related to such maintenance. Simple repairs can be implemented immediately to help maintain the walls. lf you have any questions or concerns, please feel free to contact me via email or phone. Rachel Friede, AICP, LEED AP Planner ll (97O)479-2440 Rfriede@vailgov.com PI328L PAGE: 1 FPO ENTRY / N ECEIVING REPORT -;;;-**"il- - -':;;;;;; ---il;-;;;il;;; -; i;;i;;- - REMARKS : BOOTIIFALL MTN HOMES HOA RECEMD BY: LC ENTERED: 7/23/09 11:05 By: LC.AIIpBELL VENDOR: 0000001- - BOOTH FAILS MOI]NTAIN HOMES HOA INVOICE NTJMBER: 80L-0244 DIA INVOICE DATE: 7/23/09 IIWOICE POSTED : 7 /23 / 09 lL: 05 BY: L,CAIIPBELL PAYMENT DIIE: 7 / 23 / 09 ATIOUNT: $ 5525 . OO ACCOUNT# PRO.I# A}4OUNT ITEM DESCRIPTION 00120114177300 $ 5625.00 DIA REFI]ND-LAST 25T - PROJECT COMPL t o BOOTHFALLS MOUNTAIN TOWNHOMES GENERAL FILE 2OO1 I PRESENT noone: West Dfnclosure Kaiie and Mike Eoone .$d9{riibSi$ir]irs Rirdd;.iunrr.#1 i Vail, CO 81657 303-517-0842 Drawins Index: C: Cover Ex. I First Floor Plsn Ex.2 Second Floor Plan Ex. 3 Third Floor Plan Ex. 4 North Elevation Ex. 5 South Elevstion Ex. 6 Wcn Elewtion Ex. 7 Esst Elewtion Drawings for DRB Al Fir6t Floor Plan A2 Second Floor Plan 43 Thlrd Floor PIan 44 North Elevation A5 South Elevation A6 West Elevation Li East Elcvadon Town of Vail Area and GFRA calculations Booth Falls Mountair Homes Lot size: 106,830 squlre fe€t 21,900 square feet over 40Vo 84,486 squut fcd to bas6 thc GFRA on at 44 sq fl/100 sitc sq. ft Allowable GFRA = 37, l7l square fset Sunnffy of GFRA fot Booth Fslls Moutrt8in Homes (Note: See the srbmitted Condominium Map for the back up ofthe GFRAs) Unit fuea (squarc feet)| 24s6 1b5O 2 1423 3 1273 1 l5l I 5 l67E L ' 1 tt86 httfl.l 7,.(L a^8 1543 9 1423 l0 1576 I I 1353 t2 1623 14 1846 15 l59l 16 1273 l? 1843 lE 1423 lo l?61 ro,f "11r", a;8,6t3 # +d,t The calo.rlrtion includer areas over 15 feet in height. I-etl€l I Total Existing GFRA 833 rq ft 913 sq ft 72E sq ft ?A'.t4 qfr New GFRA Total .88sqfl 921 sqfl 88sqft l00l sqft n/a 728 sq ft 176 sq ft 2650 sq ft ,,',il ''' iil t , ,, i j rl, r,- t- ;.,i,,1,rt:lil:lq .. J /til!t2-.-.... ....-.", t1L..: ir.\:*.-.-86- ?itltfrl or i;n ll D:::r)il il-'.\/lCi1/ grii ir;: ,lrP P I]OVAL .. 'l iiroli.i r il vrlli ,3I-SiCN REVIEW STAFF APPROVAI. FritFF". - ,&d - C,flAS ftrthl^l The calclilation does not inoludo reductioB for the basements Proposed Unit #l Addition; --hqd,{$trg rne.fp4 I L,+ t 3\K a Design Review Board ACTION FORM Department of Community Development 75 South Frcntage Road, Vail,colorado 81657 tel: 970.479.2L39 fayj. 970.479.2452 web: www,ci,vail,co.us \)o-.( D,tt*iz$ 3--tR -{--\!^ Cer-r-4rtu^- Project Name: Boothfalls Townhomes change to approve DRB Numben DRB030516 Project Descriptonl COMMON ELEMENT: amend prior approved plans regarding construction of East parking lot to reduce the size and scope of lot from I spaces to 4 spaces Pafticipants: APPLICANT SHAW CONSTRUCflON COMPANY Ltl L7 12003 Phone: 970-242-9236 760 HORIZON DR GRAND JUNCNON CO 81506 License: CONTRACTOR SHAW CONSTRUCTION COMPANY 11/122003 Phone: 760 HORIZON DR GMND JUNCNON CO 81506 License: 108-A OWNER BOONE, CATHERINE S. & MICHAE Phone: 7266 S BOULDER RD BOULDER co 80303 ProJectAddress: 3094 BOOTH FALLS RD VAIL Location: Legal DescripUon: Lot: 1 Block: 2 Subdivision: BOOTH FALLS MTN HOMES Parcel Number: 210102302001 Comments: seeconditions BOARD/STAFF ACTION Motion By: Actaon! STAFFAPR Second By:Vote: DateofApprovalt 0210512004 Condltions: Cond: 8 (Pl3N): No changes to these plans may be made without the wriften consent of Town of Vail staff and/or the appropriate review committee(s). Cond;0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Planner: Matt Gennett DRB Fee Pald: $20.00 Physical Address:3aqLl Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 tax: 970.479.2452 web: www.ci.vail.co.us General InformaUon: All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submiftal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences within one year of the approval. Description of the Request:(/lons fe g'/:!Y strucfibt. a F a a.( (5 Application for Design Review suaaiuiriont Vol,l Villoqe {,1 ,^q lL .[ls ?et --v-------------1-Location of the Proposal: Lot: / Block: 'L Parcef No.: zl oloz\ol a l7 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning:i foy.^.i Name(s) of Owner(s):oil Mailing Address.:/' Ba Phone: 3a5 3/A - 7t7 3 owner(s) Signature(s): Name of Applicant: CaA t-eTL (<e r/ ,0' Qo* E-mailAddress: cr@ Fax: TaT 863.7 ZA I 7 Type of Review and Fee: tr Signs E Conceptual Review tr New Construction D Addition tr Minor Alteration (multi-family/commercial) Minor Alteration (si ngle-family/du plex) Changes to Approved Plans tr x D $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions)' $250 For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. For Office Use Onlyr Fee Paid: No Fee fih"-}slv o o "^i'/{e! e tA Steve '.t^g/*;/<,-hL Ae,ntrf f a fi'bnilfe4 .-A dl f 6 ctzz J /a 7/7 7 .,' o X/H LIGETING B oor sfa /"= ts**i y./- 75 South Frontage Road Vail, CO 81657 970-479-2138 FA){970479-2452 COMMUNITY DEVELOPMENT FAX TRANSMITTAL SHEET COMPATTIY NAME: FAX F'ROM: DATf,:TIME: # oF PAGES IN DOCIIMENT (NOT TNCLIIDING COVER SHEET) RESPONSE REQUIRED? SENTBY TOWN OF,VAIL COMMIJMTY DEVELOPMENT FAX # 910179-2452 TOWN OT' VAIL COMMTIMTY DEVELOPMENT TELEPHONE # 970479-2138 SPECIAL COMMENTS AND NOTES: F:E VERYONE\FORMS\Foxshcd 75 South Frontage Road Vail, CO 81657 970-479-2138 F P\X.970-479-2452 COMMUNITY DEVELOPMENT FA)( TRANSMITTAL SHEET TO: COMPAN-Y NAME: FAX Tf,LEPHONE NUMBER: FROM: DATE: # oF PAGES rN DOCUMENT (NOT TNCLUDING COVER SHEET) RESPONSE REQUIRED? SENT BY TOWN OF'VAIL COMMUNITY DEVELOPMENT F'AX # 9704'19-2452 TOWN OF VAIL COMMUNITY DEVELOPMENT TELEPEOI\,E # 97O479-2I3A SPECIAL COMMENTS AND NOTES: TIIVIE: F:EVERYONE\FORMS\IaxShect Conflrmatlon Reeort -Memory Send ParE Dato I T ine L ine I E-ilai I llachlne lD 001 Dec-23-03 l0:29ar s701792452 T0ffi{ 0F vArL conilillTY OEVEL()PTCI{T Job number Date To l{unber of pages Start t lme End t ine Pages sent S ta tus Job number : 154 151 Dec-23 l0:27am 82r66 006 Dec-23 | 0:2lan Dec-23 l0:29an 006 OK *++ SEND SUCCESSFUL ***s nowNoFuNLLT ?J Soudr Frorrl-Eo R.oid Vall, CO 41657 970-479-27.34 EA.t< 9'70-4A9-2452 corvflr/4]}IlTYDE\.EI.oP1\4EFITFA><TrrAr\Is1\,4I-rAI-slIEET TO: CO\ P.A.I\''g DfA.IYIE: FAJ< TEI-E]PEaO}IE FfElllf,D'tn! ,TEVE: +f roI. PAGES' II.{ Doc.r]:rvrt:tlf.lc (tlYiolT I$iICLUXTINC CO\ZE*' sIEtT)-_ ITESTPOF|S:E IIEQIIIru!I>? ' SErTTBY To\ttrt{t OF \ZAIL tc:o|\ It4:,fl|:r\ff,FY DE\IEtr-TOPIUE!$:r FA.>( +t gzo'+?9.'4l2 Tot'yr{ OF \,'AIL rcctMlvrtJiliff,rY ItE tZt.LOsr\'Gr\rT TEI-EFEiODTE '"----PZQ-Eltl3!t- Dcc 18 03 O8:22a Nov. 21, 2003 Mr. Russell Forrest Director of Community Development Town ofVail 75 South Frontage Road Vail, CO. 81657 Fax: 970-479-2452 ne': SuEan Fr q'?a- p-.no,ET) Pnaudz i k 9?O:-'t17 - I 362 BOOTHFALLS HOMEOWNER'S ASSN .. : Ct^"+ E Ve n*rr l*,1*-rz?- aoros @--"-{ RE: Boothfalls Rockfall Mitigation Project closc out. Dear Russ; I have becn in discussion with Susan Fritz regarding the close out of our project and thc return of our monies lbr tlre landscaping. I was not aware there was an issue regarding the grading of the uphill portion of the site. My understanding was trhat the project was completed to the satisf'action of the TOV, otherwisc why would it havc bcen recommcnded to Council that they aPprovc the mitigation. Council approvcd this project by Resolution No. 2 Series of 2002 on March 19,2002. Be that as it may, I'm willing to work with you to clear t}is project from your desk, Attached is a letter fromYenter Companies, written and stamped by a Colorado Registered Professional Engineer stating that: "EIl GRADING and barrier configuration will contain rocks... n. Additionally, I have attached a copy of a letter from Jonathan L.Whitc, Senior Engineering Geologist, Colorado Geological Survey, stating drat hc conducted a site investigation of the project, after tle walls were constructed. He goes on to state that the walls will provide ttre necessary level of protection. He make no mention of any concern regarding grading issues. I belicve you already have on file the nccess.uy lettcrs concerning any grading issues. Hopefully this will close this mattcr and theTown can refund our landscaping monies. Ilec 18 O3 O8:22c Praudz i k Please feel free to contact me if we need to discuss further. Boothfalls Homeowners Assn. Ski.vailf0corncast. net 970-479-5158 Cell: 303-898-0398 9?O -_4?? - 1382 Besyregards, teve Prawdzik Dac l8 03 O8:??a WEflF/I v&nflrn $trcnlrtnt Prsudz i k 97O:-'f ?? - 1362 p.3 .tl Y'EruTFR October 25, 2001 Mr. Russell Forrest Senior Environment Planner Town of Vail 75 South Frontage Road Vail, CO 8t657 RE: Booth Falls RocKall Mitigation'PCIect Completion Dear Mr. Forrest; Yenter Companies has substantially completed the Booth Falls RocKall Mitigation Project. -.-?Landform grading and barrier heights selected for this project meet rockfall mitigffi design criteria developed by the Colorado Department of Transportation as presented in its computer program, Colorado Rockfrall SimulaUon Program (CRSP). Barrier design follows full scale barrier tests by CDOT and the Colorado Geological Suruey. This grading and barrier configuration will contain rocks conforming to the maximum probable rock size as determined by the CGS and probable velocities and trajectories as determined by CRSP A 6 foot high fence has been placed on the tops of the barriers to contain small rock fragments as an addiUonalsafety precaution. There are no esbblished design criteria for this fence, nor are there guidelines on required strength and height. Attached are As-Constructed cross sections for each of the three barriers and a map showing their locations relative to properly boundaries. This project was constructed in subsEnUal compliance with the plans and specifications. Sincerely, /4F-t€ F-*;f-- tt/rf/et AIbeft C. Ruckman, P. E. Dec la O3 O8:22a Prauldz i k 9?0=4'17-L36,?P-'+ STArEOFC@ l:" !, I t I I I I I I I I I I I I I I l'l0v-09-2001 ll:53A},| FR0l,l-Colorado 0eololical Survsv COLORAOO CEOLOGICAL SURVEY olvilion ot Minernlr and Geologl o&pafimc of Natual Reroulcct r3l! Shcflnan SrBa! Room 715 9envcr, Colondo 80201 Fhone: Glol) 856-261I Fd(: O03) 4662461 November 9,2001 303886e461 T-235 P.001/002 F-737 I{ITTURAI RESOI.]TRCES Oill Ott Ent Covc'no. Grcg €. wolcher Eacculiua oi.aElot Michrll 0. LonS Dlvlsion Olrcdor vlEki CoYlrl Srars Crclodrl anal Dl.€clq. RE Mr. Russell Forrest S enior Envirounental Pl anrter Town of Vail 75 Soutb FrontageRoad Vail, CO 81657 f,,evierv of Yenter Cornpanles Rockfelt Mitigadon Impact Barrier for Booth Falls Condominiums- Dear Mr. Forrest: At Yoru request in ourPhone di reviewed dre inertial barrier wall for & ction- While interaal aspects of the wall wdl gcomeiry confonns to rhe design as strbmittcil by Yeil€r ComPaEies. A design elemqrt that was oissing at the rime of our itt p"oioo *"t rhs fence tirat Yenter proposed for thc top of rbe wall. Mr. Barett assured me rtrat ttre fcnce waS still planned urd would be instatlerl as soon as the fcnce contractor was availsble. This systen will pmvide a level of protection tlat is, in some asl)ects, superior to rlrc dirchandbcrmcmtrgrr4ionfortlrepropcrticstotheeas;r Oncethefenceisinstalledatthctop of the vralt, the wall construction wili basically coDform to the Yonter plan details and wilt have ttre wall gcoEerry thar conform to the recornncndations this ofEce felt was rccessary for cffeotive rocl<frll midgarion of this site. Tho only concqtn we havc 4 *'is poinr is the rwegaation ofthe ctt slope bebind thc barrier. If left iE iA cwrent condition, nrnoff ay cause crosion and ainr shrmping of soil into the rock catc,bsretr arca The sut slopo slrould be seedcd and somc ty?e of €rosion control matting (ECI\4) or nrrf reinforcement aaning GRfVD strould bc staked to thc slope. Dec l8 O3 O8:23a Str Pnaudz i k Reca.iv.d: 11| 9l(J1 1l355; Survcy 3038662181 97 t77-1 82 og(}ti;Page 2 I-235 P.002/002 F-737 p.5 il0v-0'9-2001 ll:544{i FR0lFColorado Geololical T;e Ycntcr comp;aies rcckfall Pmtection impact baaier c-onsitructed at the Booth Falls condomiuiums is an exccllcot aesip ana wilI Proviale the level of rockfall protectioa tlc coadominiums so ae.pr"t"iy need-thcrc. IfyJu havc any qu lons please contact this of6co at (303) 866-3551 or e-mail: ionathan'whitc@satc-co'us Sincerel% B. Barett, Yonter Companies, fa"x only Noe, CGS Criticat Landslidc Fite Senior Engineering Gcologist Nov 21 O3 O8:43a Stc Praudz i k 5 s75?7- r 362 BOOTHFALLS HOMEOWNER'S ASSN Nov. 21, 2003 Mr. Russell Forrest Director of Community Developmcnt Town ofVail 75 South Frontage Road Vail, CO. 81557 Fax: 970-479-2+52 RE: BootJrfalls Rockfall Mitigation Project close out. Dear Russ; I have bccn in discussion with Susan Fritz regarding tle close out of our project and the return of our monies for the landscaping. I was not aware thcre was an is ue regarding thc grading of the uphill portion of the site. My understanding was tfiat the project was completed to the satisfaction of the TOV, othcrwise why would it have been ecommended to Council that they approve the mitigation. Council approved this project by Resolution No. 2 Series of 2002 on March 19,2002. Be that as it may, I'm willing to work witi you to clear this project from your desk. Anached is a letter fromYenter Companies, written and stamped by a Colorado Registered Professional Engineer stating that: "IHIS GRADING and barrier configuration will contain rocl6... ". Additionally, I have attached a copy of a letter from Jonathan L. Whitc, Scnior Engineering Geologist, Colorado Geological Survey, stating that he conductcd a site investigation of tte project, after the wal ls were constructed. He goes on to state t*rat the walls will provide the necessary level of protection. He make no mention of any , oncern regarding grading issue s. I believe you already havc on e thc necessary lcttcrs concerning any gracling issues. Hopefully this will closc this matter and theTown can refund our landscaping monies. p.1 l{ov 21 03 OB: .l3t s?0i]??- 13Ba tt"l PFru,dzik Please feel free to contact me if we need to discuss further. Boothfalls H omeowners Assn. Ski.qil@comcast.net 970-+79-5t68 Cell: 303-898-0398 p.2 Besfregards, Nov 21 O3 O8:44r H'NINACT ilASmtE sf,r4cs ail.Dgl ffiTMIETf $f,14CES latHu vBmnoN sfct/ursI$ t".l Praudzik ..^t, Y'ffiruT'FFI October 25,2001 Mr. Russell Forrest Senior Environment Planner Town of Vall 75 South Frontage Road Vail, CO 8t657 RE: Booth Falls RocKall Mitigation'Project Completion Dear Mr. Forresg Yenter Companies has substantially completed the Booth Falls RocKall Mitigation Project. Landform grading and barrier helghts selected for thls project meet rocKall miUgation design criteria developed by the Colorado Department of Transportation as presented in its computer program, Colorado Rockfall Simulation Program (CRSP). Barrier design follows full scale barrier tests by CDOT and the Colorado Geological Survey. This grading and barrier configuration will contain rocks conforming to the maximum probable rock size as determined by the CGS and probable velocities and trajectories as determined by CRSP A 5 foot high fence has been placed on the tops of the barriers to contain small rock fragments as an additional safety precaution. There are no established design criteria for this fence, nor are there guidelines on required strength and height. Attached are As-Constructed cross sections for each of the three baniers and a map showing their locations relative to property boundaries. This project was constructed in subsbntial compllance with the plans and specifications. Sincerely, l#qfr€ F.*/-- Albert C. Ruckman, P. E. p.3 s?577- r 362 1r/rf/a1 ttt l-.--l- ,rn Ontln? - a^.qtt?t1.l ,a;CO - E^u AnAIO'r'l nhAO -..fi rrra-l^r^6F l{ov 21 03 08: 44a Praudz i k il0v-0S-?001 llrS3All FR0M-Colorado 6eololicrl Survry COLORADO GEOLOGTCAL SUNVEY Divislon of Minerslr ond Geology Deparnrent of t talur.l Re3outc6 l3t ! Sftemen Sueet Room tls Oenvcr, Colondo 8020J Phon!: tloS' 866-2611 FaX: G03l 065.2461 Novesrber 9,2001 Mr. Russell Forresr Senior EnvironmeDal Plarmer TownofVail 75 South Frontage Road vail, cO E1557 9?O::4-?'7 -L3G? L t I I I I I I i I 303866?{51 T-235 P.00 r/002 F-731 STATEOF COLOKADQ I{fffURAL RESOURCES Sill Ou,cot Cov.lFo. GrGG E, wnlclc, EECdlv|: Oid(to' Mid||d 0. LonE Olvliion Dl.cclor Vicki Cow;lrr SElr Crolocirr rnd Oi.c<rof I I I I I I I RE: Rcview of Yentar Companies Rockfell Mitigation Impact Barrier for Booth Falls Condominiums- DearMr. Forrest: At yow request in ow phone discussion last moath, dle Colorado Geological Survey has reviewed tire inertial barier wall for the Booth Falls Condominium complor consructed by Ycnter Companies. The CGS r22,200t' Two geoteccile-reinforced soil we did not bave au opporttuity to obscnre tle actual wall f the wall cousguction ars rrnkqown to us, it appears that the wall geometry confonns to rhe design as submittcd by Yenrer Companies. A desip. elemelrt $ra1wss Yni-ssiag at the rime of our inspection was the feoce rhat Yenter proposed for the top of fte wall. Mr. Balrett assured me *rai the fence was still planned and would bc iustalled as soon as the fence contractor was available. This systcn will provide a level of proteaion rhat is, in some aspects, superior to rhe ditch and berm coutrgrrration for the propaties to the easr Ooce rhe face is installed at the top ofthe vrall, tle wall consmrction will basically conform ro thc Yanter plan details and will have t}e wall geomerry thar confo"" to tbe recornnentladons this office felt was nccessary for efFective roclGll mirigation of this site. Tho oaly concern wc bave at this poiut is tbe rcvcgaation of the qrt slope behind rhe banicr. If lefi in its cure1rt eondition, runoffmay car:se crosion and minor slurnping of soil ino tbe rock catcbmenr afea- The cut slope slrould bE seedcd ancl some t5pe of erosion control maning (ECM) or n)rf reinforcement rnaning C[RI\4) should be staked to the slope. Nov el noco,lvod: !l0v-09-2001 O3 08: 4,*a St!v! Pnaudz i k l'tt eto't 1r;s5; t 3(Jstr€trJz4c|r I l:61M FR0M-Colorado Geolollcal Survey ::5::;':" r-235 P-002100? F-737 p.5 to3 27e 3me662461 TLe ycntcr Comp:aies rockfall protection impaet barrier c_onstrttctcd et the Boodr Falls Condominiums is an occcllcut aesip ana wiU provide the lwel of rodcfrll protcction thc condominiurtrs so despcratcly need-there. If you havc ary questioDs Please coDtact this offi'co at (303) 866-3551 or e-aaih jg Sincerely, B. BaretE Yenter Companies, fa:c only Noe, CGS Critical Landslide File gqrio,r Fngrneering Geologist *+ + ++* + + * f+** ** * * * **++*** ** * *** + + ** * * * I * *** * +* **+ ++ * * * +* + t*a* * +* * +** * +* +* *** ** ** * * *+* * * ** + * + TOWN OF VAIL, COLORADOCopy Repritrted on 10-17-2003 at 10:06:16 tO/t7tzOO3 Statement + ++ + + ++ +++t +** ** *** *+ * * * ** ** * * **+ + + + + * ** * * ** * * * * * * ***+* +*** i t** i*** * ** ** * * * *+ ** *** * * * + + * ** ** Statement. Nunber: R030004944 Amoult: $20.00 LO/L7/2O03L0:06 AIII Payment Method: Cash Init: DF Notation: Permit No: DR8030463 T14re: DRB-Chg to Appr Plarl6 ParceL No: 2IOI023O2OL9 Site Address: 3094 BOOTH FAILS CT VATL IJocation: 3094 Booth FallE Ct Unit 19 Total Fees: S20 . 00 This Payment: $20.00 Total ALL Pmts: g2O.OO Balance: $0.00 **** t***,1'** * ** *+****** * * ** * * * * * *** *** **'lt***'t* *** * 'i * 'i * * + * * * f * * * * * * * * +*+*+****+*** **********{.* ACCOUNT ITEM LIST: Account Code Description Current Prnts DR OO1OOOO31122OO DESIGN REVIEuJ FEES 20.00 Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970.479.2452 web: www.ci.vail.co.us General Information: All poects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is issued and construction commences wathin one year of the approval, Description the Request:', f,. feo ,,th;! Lti il:Z, t2"F/, = _ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) ,'tn[, lJ: E. : /,^ Location ofthe Physical Address: Zoning:L Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s): Name of ApplicanU Mailing Address: E-mail Address: Phone: Fax: Type of Review and Fee: ! Signs E Conceptual Review tr New Construction tr Addition tr Minor Alteration (multi-family/commercial) n Minor Alteration [single-family/duplex) [A/ Changes to Approved Plans tr Separation Request $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. For revisions to plans already Design Review Board. approved by Planning Staff or the $20 Dvbas-r*lvz o I, (print name) description) JOINT PROPERW OWNER WRITTEN APPROVAT LETTER , a joint owner of property located at (address/legal provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Depaftment for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: I further understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (Signature)(Date) Page 2 of L2l02l07l0Z MINOR EXTERIOR ALTERATIONS TO BUILDINGS AND SITE IMPROVEMENTS SUBMITTAI REQUIREMENTS General Information: This application is required for proposals involving minor exterior alterations and/or site improvements. Proposals to add landscaping do not require DRB approval unless they involve the addition of patios, water features, grading, or the addition of retaining walls. I. SUBMITTAL REOUIREMENTS o Stamped topographic survey*, if applicable o Site and Grading Plan, if applicable*D Landscape Plan, if applicable*o Photos or drawings which clearly convey existing conditions*tr Photos or drawings which clearly convey the proposed building or site alteration(s)x o Exterior color and material samples and specifications.a Lighting Planx and Cut-sheet(s) for proposed fixtures, if applicable o Written approval from a condominium association or joint owner, if applicable n The Administrator and/or DRB may require the submission of additional plans, draWings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. Please submit three (3) copies of the materials noled with an asterisk (*). Topographic survey:o Wet stamp and signature of a licensed surveyor tr Date of survey D North arrow and graphic bar scale D Scale of 1"=10' or L"=20')o Legal description and physical address a Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 40olo, and floodplain)o Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly stated on the survey o Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationshio to the established corner.s Show right of way and property lines; including bearings, distances and curve information.D Indicate all easements identified on the subdivision plat and recorded against the propefi as indicated in the title repoft. List any easement restrictions.D Spot Elevations at the edge of asphalt, along the street frontage of the propefi at twenty- five foot intervals (25'), and a minimum of one spot elevations on either side of the lot.a Topographic conditions at two foot contour intervals o Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a point one foot above grade. D Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.).D All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).D Environmental Hazards (ie, rockfall, debris flow, avalanche, wetlands, floodplain, soils) Page 3 of L2/02107102 tr Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to the required stream or creak setback)o Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the site. Exact location of existing utility sources and proposed service lines from their source to the structure. Utilities to include: Cable TV Sewer Gas Telephone Water Electric o Size and type of drainage culvefts, swales, etc,o Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250'in either direction from property. Site and Grading Plan:o Scale of l"=20'or larger D Property and setback lines o Existing and proposed easements o Existing and proposed grades a Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. Indicate the foundation with a dashed line and the roof edge with a solid line, o All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades shown underneath all roof lines. This will be used to calculate building height. o Proposed driveways, including percent slope and spot elevations at the property line, garage slab and as necessary along the centerline of the driveway to accurately reflect grade. tr A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill direction.D Locations of all utilities including existing sources and proposed service lines from sources to the structures.a Proposed surface drainage on and off-site,o Location of landscaped areas.D Location of limits of disturbance fencing o Location of all required parking spaces D Snow storage areas,o Proposed dumpster location and detail of dumpster enclosure.a Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section and elevation drawings shall be provided on the plan or separate sheet. Stamped engineering drawings are required for walls between 4' and 6'feet in height.o Delineate areas to be phased and appropriate timing, if applicable Landscape Plan: n Scale of 1" = 20' or larger o Landscape plan must be drawn at the same scale as the site plan. cl Location of existing trees, 4" diameter or larger, Indicate trees to remain, to be relocated (including new location), and to be removed, Large stands of trees may be shown (as bubble) if the strand is not being affected by the proposed improvements and grading. o Indicate all existing ground cover and shrubs.a Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon size for shrubs and height for foundation shrubs) of all the existing and proposed plant material including ground cover.o Delineate critical root zones for existing trees in close proximity to site grading and construction.o Indicate the location of all proposed plantings. B The location and type of existing and proposed watering systems to be employed in caring for plant material following its installation. Page 4 of tzllzll7lO2 u Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the bottom of wall elevations noted. Lighting Plan: o Indicate type, location and number of fixtures.u Include height above grade, lumens output, luminous area tr Attach a cut sheet for each proposed fixture. II. REPAINT PROPOSALS For all proposals to repaint existing buildings, the following supplemental information is required: tr Color chip or color sample including the manufacturer name and color number(s)o Architectural elevation drawings which clearly indicate the location of proposed colors (ie, siding, stucco, window trim, doors, fascia, soffits, etc.) The following is an example: Page 5 of 12102/07102 PROPOSED MATERIAIS Building Materials Tvoe of Material Color Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. Page 6 of I2l02l07l02 PROPOSED LANDSCAPING Botanical Name Common Name Ouantifu Size PROPOSED TREES AND SHRUBS EXISTING TREES TO BE REMOVED Minimum Requirements for Landscaping: Deciduous Trees - 2" Caliper Coniferous Trees - 6' in height Shrubs - 5 Gal. Tvpe Square Footaqe GROUND COVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc,) Page 7 of tzl02l07l02 o UTILITY APPROVAL & VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. Authorized Siqnature Comments Date QWEST 970,384.0257(fax) Contacts: Scott Carrington 970.468.6860 Jason Sharp 970,384.0238 EXCEL HIGH PRESSURE GAS 970.262.4076 (tel) Contact: Rich Sisneros HOLY CROSS ELECTRIC 970.949.5892 (tel) 970.9a9.4556 (fax) Contact: Ted Husky EXCEL ENERGY 970.262.4038 (fax) Contacts: Kit Bogart 970,262.4024 Jim O'neal 970.262.4003 EAGLE RIVER WATER & SANITATION DISTRICT 970.476.7a80 (tel) 970.476.4089 (fax) Contact: Fred Haslee COMCAST CABLE 970.949.t224 x 112 (tel) 970.949.9138 (fax) Contact: Floyd Salazar NOTES: 1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made directly on the form, the Town will presume that there are no problems and the development can proceed. 2, If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified problems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. Utiliw locations must be obtained before digging in any public right-of-way or easement within the Town of Vail. A buildinq permit is not a Public Wav permit and must be obtained separatelv. The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date (unless otherwise specifically noted within the comment area of this form) Developer's Signature Date NOTES TO ALL APPLICANTS Pre-apolication Meetino A pre-application meeting- with Town of Vail staff is encouraged. The purpose of a pre-application meeting is to identifo any critical issues peftaining to the applicant's proposal and to determine the appropriate development review process for an application. In many cases, the pre-application meeting helps to expedite the development review process as critical issues are identified and dealt with in the preliminary stages, A pre-application meeting may be scheduled by contacting Judy Rodriguez at 97 0.479.2128 or lqdrig-Uez@eLval.co.rrE Time Requirements The Design Review Board meets on the 1st and 3rd Wednesdays of each month. A complete application form and all accompanying material must be accepted by the Community Development Department prior to application deadlines. A schedule of DRB meetings and associated application deadlines may be found on the World Wide Web at http://ci.vail.co.us/commdev/planning/drb/meetings/default.htm For a new residential development, the application deadline is typically 3.5 weeks prior to a Design Review Board hearing. Review Criteria The proposal will be reviewed for compliance with the Design Guidelines as set forth in-l1tle 12, (Zoning Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code. Requirements for properties located in hazard areas If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanchef rockfall, debris flow, floodplain, wetland, poor soils, etc.), the Community Development Depaftment may require a site-specific geological investigation. If a site-speciflc geological investigation determines that the subject property is located in a geologically sensitive area, the property owner(s) must sign an affidavit recognizing the hazard report prior to the issuance of a building permit. Applicants are strongly encouraged to consult with Community Development staff prior to submitting a DRB application to determine the relationship of the property to all mapped hazards. Reouired Plan Sheet Format For all surveys, site plans, landscape plans and other site improvement plans, all of the following must be snown. 1. Plan sheet size must be 24"x 36". For large projects, larger plan size may be allowed. 2. Scale. The minimum scale is 1"=20'. All plans must be at the same scale.3. Graphic bar scale.4. North arrow. 5. Title block, project name, project address and legal description. 6. Indication of plan preparer, address and phone number. 7, Dates of original plan preparation and all revision dates.8. Vicinity map or location map at a scale of 1"=1,000'or larger. 9. Sheet labels and numbers. 10. A border with a minimum left side margin of 1,5". 11. Names of all adjacent roadways. 12. Plan legend. Page 9 of l2lo2l07/o2 Desiqn Review Board Meetino Requirements For new construction and additions, the applicant must stake and tape the project site to indicate property lines, proposed buildings and building corners. All trees to be removed must be taped. The applicant must ensure that staking done during the winter is not buried by snow, All site tapings and staking must be completed prior to the day of the DRB meeting. The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants who fail to appear before the Design Review Board on their scheduled meeting date and who have not asked in advance that discussion on their item be postponed, will have their items removed from the DRB agenda until such time as the item has been republished. If the DRB approves the application with conditions or modifications, all conditions of approval must be resolved prior to the issuance of a building permit. Staff Aporoval The Administrator (a member of the planning staff) may review and approve Design Review applications, approve with ceftain modifications, deny the application, or refer the application to the Design Review Board for a decision. All staff approvals are reviewed by the Design Review Board and any staff decision is subject to final approval by the DRB. Additional Review and Fees If this application requires a separate review by any local, state or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc, The applicant shall be responsible for paying any publishing fees in excess of 50o/o of the application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then the entire fee for such re-publication shall be paid by the applicant. Applications deemed by the Community Development Department to have design, land use or other issues, which may have a significant impact on the community, may require review by elternal consultants in addition to Town staff. Should a determination be made by Town staff that an oternal consultant is needed, the Community Development Department may hire the consultant. The Department shall estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the time of filing an application. The applicant shall pay expenses incurred by the Town in excess of the amount forwarded by the application to the Town within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review completion. Page 10 ot t2/O2lO7l02 Suruey/Site Plan Review Checklist Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.47 9.2L39 f ax: 970.479.2452 web: www.ci.vail.co.us *This checklist must he submitted prior to Public Worlcs review of a propored development Owners/Project Name: Project Address; Applicant:Phone Number; Submittal o Stamped survey of propefi o Landscape plan o Civil/Site plans s Title Report (Section B) Survev Requirements: o Surveyor's wet stamp and signature u Environmental Hazards (ie, rockfall, debris o Date of survey flow, avalanche, wetlands, floodplain, soils)o North arrow o Watercourse setbacks (if applicable)o Proper scale (1"=10'or 1"=20') o Trees o Legal description o Labeled easements (i.e. drainage, utility,o Basis of bearings / Benchmark pedestrian, etc...)a Spot Elevations u Topography o Labeled right of way and property lines; tr Utility locations including bearings, distances and curve o Adjacent roadways labeled and edge of information. asphalt for both sides of the roadway shown s Lot Size for a minimum of 250' in either direction s Buildable Area (excludes red hazard from property. avalanche, slopes greater than 40olo, and floodplain) Site Plan Reouirements: I. Access (check all)D Driveway type and finished surface are shown on the site plan. o Unheated s Heated (portion in ROW in a separate zone)o Snow storage areas are shown on the site plan within property boundaries (30o/o of driveway area if unheated; 100/o of driveway area if heated)o All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development Standards, p. 11, Steepest Section Driveway Grade (not the average grade):- o Parking spaces and turning radii are noted on site plan and conform to Development Standards, pp.12&14 II. Construction Site (check all)B Location of all utilities and meter pits are shown on the site plan. tr Limits of disturbance construction fencing is shown on the site plan. o I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of Uniform Traffic Control Devices, will be necessary prior to construction,o I am aware that a Revocable Right of Way Permit will be required prior to construction. Page 11 of 12102107102 ilI. Drainage (check all that apply)D The required Valley Pan is shown on the site plan as per Development Standards, p. 12.D (Note: Valley pan must not be heated)D 4 Foot Concrete Pan a I Foot Concrete Pan o Positive and adequate drainage is maintained at all times within the proposed site.o Culverts have been provided and are labeled and dimensioned on the site plan. o A Hydraulic repoft has been provided, (As requested by Town Engineer) IV. Erosion Control (Check all that apply)o Disturbance area is greater than one half acre,tr A separate Erosion Control Plan has been professionally engineered and PE stamped,o Less than one half acre has been disturbed, and proper erosion control devices are shown on the site plan, V. Floodplain (check all that apply)o The project lies within or adjacent to a 100 year Floodplain.D 100 year Floodplain is shown on the site plan. o A Floodplain study has been provided. (Required if floodplain is within construction limits or as requested by Town Engineer)tr The project does not lie within or adjacent to a 100 year Floodplain VL Geological/Environmental Hazards (check all that apply)o The project lies within a Geologic/Environmental Hazard area. (See Development Standards, p. 20)o A Hazard Report has been provided o The project does not lie within a Geologic/Environmental Hazard area, VII. Grading (check all that apply)I Existing and proposed grades/contours are provided on the site plan,o All disturbed areas have been returned to a 2:1 grade,o All disturbed areas not returned to 2:1 grade have been Professionally Engineered with slope protection and/or stable soils. PE stamped details are provided within plans, B Only existing contours are shown on the site plan, there is no proposed grading. VIII. Parking icheck all)o All residential and commercial parking spaces conform to the Development Standards, pp. 12&15. IX, Retaining Walls (check all that apply)o All retaining walls conform to the standards in the Development Standards, p. 19.D All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE stamped detail has been provided within the plans. I All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type of wall construction,o No retaining walls are required for this project. X. Sight Distance (check all that apply)B Proper sight distance has been attained and shown on site plan as per Development Standards, p.12. D Proper sight distance has not been attained. Explanation why: Additional Comments Please provide any additional comments that pertain to Public Works Review. Page 12 ot L2/02107102 Applicants Signature TOWNOFVAIL 75 g. FRONTAGE ROAD VAIL, CO 81657 970479-2738 ADD/ALT MF BUILD PERMIT Job Address.: 3094 BOOTH FALLS CT VAIL Location......: BOOTH FALLS TH UNITS 8-16 ParcelNo....: 27O7O23020fJ9 .-Z\Project No"': /(l (o!{ftER / COI{A}T, ROBERT H. O6/0e/200t 4 SKY MOUNTAIN DR ROGERS AR 72756 Lieense: coNrRAcroR pr_,ATH coNsrRucrroN 06/oe/200L P.O. DRAWER 5920 AVON, CO 81620 License:148-B ApprJrcAlitrT Pr'ATH eoNsrRucrroN 06/0a/2o0L P.O. DRAWER 5920 AVON, CO s162 0 L,icense: 148-B Desciption: REROOF SAME FOR SAME SHAKES Occupancy: R1 MultiFamily Type Construction: V 1HR TypeOccupancy: ?? Valuation: $120,107.00 Add Sq Ft: # of Gas Appliances: 0 0 # of Gas [ogs;Fireplace Informatlon: Restricted: wood Pellet: ** FEE SUMMARY Building--> Plan Check--> lnvestigation-> WillC.ll-> 5824 . oo Restuarant Plan Review--> S53s.6o DRBFee-------------> so . oo Recreation Fee*---> S3 . 0o Clean-uP DePGit--> TOTAL FEES--__---> s0.00 9100.00 $1,462.60 Total Calculated Fees-.> Additional Fees---------> Total Permit Fee-> Payment BALANCE DUE_-_--> sL,462 .60 s1,452 .50 s1,462.60 s0 .00 DE'ARTMENT oF coMMUp" o.itl'vfrft' * '8.J41---tb T{+ NOTE: THIS PERMIT MUST BE POSTED ON IOBSITE AT ALL TIMES Permit #: 807-0755 Status.....: ISSUED Applied...: 06/08/2ffi7 Issued...: O6/77/2n1 Expires...: 72/08/2001 Phone: Phone:970-949-1,9Os Phone: 910-949-LgOs !t-a,a{s < \a #of SCANNI " Approvals:I€e-m: 05100 BUII-,DING DEPARTMEMT 06108/200L JRM Action: APPR It,em: 05400 PI-,ANNING DEPARTMENT It,em: 05500 FIRE DEPARTMEIII Item: 05500 PITBL,IC WORKS See page 2 of this Document fo. ur,f,or.aitions that may apply to this ,9" DECLARATIONS I hereby acknowledge that I have read this applicatioO filled out in full the information required completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQUESIS FOR INSPECIIoN SHALL BE MADE TWENTY-FoUR HOURS IN ADVANCE BY TELEPHoNE AT 479-213E oR AT OUR OFFICE FRoM E:00 AM - 5 PM. Send Clean-up Deposit To: PAGE 2 Permit #: 810l-0166 CONDITIONSOF APPROVAL as of 06-11-200L Status: ISSUED PermitType: ADD/ALTMFBUILDPERMIT Applied: O6/O8/2W1 Applicant: PLATHCONSTRUCTION Issued: O6/11/2ffi1 970-949-1905 To Expire: 12/08/2WI Job Address: 3094 BOOTH FALTS CT VAIL Location: BOOTH FALLS TH UNITS 3-16 ParcelNo: 21O102302Cf,D Description: REROOF SAME FOR SAME SHAKES Conditions: Cond:12 (BLDG.): FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. Cond: L4 (BLDG.): ALL PENETRATIONS IN WALLS,CEILINGS,AND FLOORS TO BE SEALED WITH AN APPROVED FIRE MATERIAL. Cond:16 (BLDG.): SMOKE DETECTORSARE REQUIRED IN ALL BEDROOMSAND EVERY STORY AS PER SEC.310.6.1 OF THE 7997 UBC. Cond:1 (FIRE): FIRE DEPARTMENT APPROVAL IS REQUIRED BEFORE ANY WORKCAN BE STARTED. *{' * * * '} * t++ * ** ** '|t't '}* ** * * ++ * * 't ** '* * 'l* *+ | f ** * * ** *'}** 'f ++ * * ** * '}*{r'l* *** ***'},}*rt****++ tf * ** ** '}**** +** TOWN OF VAIL, COLORADOCopy Reprinted on 06-ll-2001 at ll:18:17 061111200l Statement ** * * 't:l',lr !*'** * * * ** * * 't:|( '*,1. 't 't ** * * + * * * * *,|( ** 't* * * * * +* {r* *,|( * * * * * ** * **** * *** *** * *+ * ** * *** ** ** + ++ + *'t:!,} *** Statement Number: R000000921 Amount: iL,462.60 05/Lr/zoOLrI:18 Atr! Payment Method: Check Init: JRII Notation: Permit Nor 801-0155 Type: ADD/ALT l,lP BUILD PERMIT Parcel- No: 210102302009 Site Addrees: 3094 BOOTII FALLS CT VAIL L,ocation: BOOTII FALLS TH ITNITS 8-15 Total- Fees: $L,462 .60 Ttrie Payment; $1,452.60 Total ALL Pmts: 91,462.50 Balance: S0.00 'i ******* * * ** + *+ t**{,***'t** '} ***:+*+****+!t ** * * ** ** + + ** **'t *** ** *** * *** +'l+** '* '+ **'* *** * ++* *'* *** *'}'1.* * ACCOIJNT ITEM LIST: Account Code Descriotion Current Pmts BP OO1OOOO31111OO EUILDING PERMIT FEES DR OO1OOOO31122OO DESIGN REVIEW FEES PF OO1OOOO3II23()O PLAN CHECK FEES |^lC OO1OOOO31128OO WILL CALL INSPECTION FEE 824.00 100.00 535.60 3. 00 o ON WILL ll APPLICATI NOT BE ACCEPTED IF INCOMPLETE OR UNSIGNED Building Permit #: MWNOFYAIL 75 S. Frontage Rd. Vail, Colorado 81657 nits are required for electrical.nEpbing, mechanical, etc,! coNrRAcroR rNFoRMArPOl - O | | L Separate Permits Town of Vail Reg. No.:Contact and lhone #'s: COMPLETE VALUATI ONS FOR BUILDING PERMTT bor & Materials BUILDING: $ELECTRICAL: $orHER: $ | D0, ICTOO PLUMBING: $MECHANICAL: $TOTAL: $ ForParcel # Conbct Assessors at 970-328-864O or visit Clther Fees: F:/everyone/forms/bldgperm Type of Construction: Occupanq GrouD: Date Received: robName: Euot+, Al1< UnL/s Y'tt'robAddress: &on^ (r1. &o /0,', d'L fAak- J^til"4z {4* /tu/-7-</<4-/ WorkClass: New( ) Addition( ) Remodel ( ) Repair( ) Demo( ) Other( ) WorkType: Interior( ) Exterior( ) Both( )Does an EHU exist at this location: Yes ( ) No ( ) Type of Bldg.: Single-family ( ) Two-family ( ) MultFfamily ( ) Commercial ( ) Restaurant ( ) Other ( ) No. of Existing Dwelling Units in this building:No. of Accommodation Units in this buildinq: : Gas ApDliances ( ) Gas Does a Fire Alarm ExisH Yes ( ) No ( ) **{.***********************************FOR OFFICE USE ONLY*****rf *********************** Questions? Callthe Building Team at 479-232s I0lt'.\' Department of Community Development Project Name: Project Address: accepEd. All pages of application is complete Has DRB approval obtained (if required) Provide a copy of approval form Condominium Association letter of approval attached if pro;ect is a Multi-Family complex Complete site plan submitted Public Way Permit application included if applicable (refer to Public Works checklist) Staging plan included (refer to Public Works checklist) No dumpster.oarkino or material storaoe allowed on roadwavs and shoulderc without written aooroval Asbestos test and results submitted if demolition is occurrrng Architect stamp and signature (All Commercial and Multi family) Full floor plans including building sections and elevations(4 sets of plans for Multi-Family and Commercial) Window and door schedule Full structural plans, including design criteria (ie.loads) Structural Engineer stamp and signature on structural plans (All Commercial and Multi Family) Soils Report must be submitted prior to footing inspection Fire resistive assemblies specified and penetrations indicated Smoke detectors shown on plans Types and quantity of fireplaces shown D o U D n D tr o D O n o o a a Applicanfs Signature: Date of submittal: F:/everyone/forms/bldperm2 Received By: (970)479-2139 Check all that applies. 1. Which Oepa@ent(s)did you contacf? Building _<EnvironmenEl _ Housing_ Admrn Planning. DRB_PEC-_ ,, 2. Was your inidd contactwifr ourstaffimmeCiabjsbw_ no one available ? fvJ"^)t+/,J TonioFinY HOW DIDWE RATE WrrH YOU? Town of Vail Survey Community Development Departnant Russell Fomst Director, 3. lf you were h wait how long was it before you were helped?_ 4. Was your project revienred on a timety Uasisr.dOruo lf no, why no0- \--'/ 5. Was this your first lime b file a DRB app_ PEC app Bldg Permit_ N/A required lot 6. Please rate the p u:5 1&)2 1 ftnowledge; resp 7. Overafl efiectiveness of tre Front Service Counter. i 4 (3) 2 1 9. Any comments you have which would allow us to better serve you neYttime? Thank you for taking he time h compleie this survey. We are commifred b improving our swice. rumv0F WHEN A *PUBLIC WAY PERMIT" IS REQUIRED PLEASE READ AND CHECK OFF EACH OF THE FOLLOWING QUESNONS REGARDING THE NEED FOR A "PUBLIC WAY PERMIT": a Is this a new residence? require the use of the Right-of-Way, easements or NO v- YES Does demolition work being public property? YES performed YES a o tr o a Is any utility work needed? YES Is the driveway being repaved? Is a different access needed to the site other than the existing driveway? YES NO€ N ,r/- u !l Is any drainage work be@ done that affects the Right-of-Way, easements, or public property? YES NO -./- Is a "Revocable Right-of-Way Permit" required?NO \-,'-- Is the Right-of-$"t,;>*.ts or public property to be used for staging, parking or fencing? Ifaswer n *Rb't "prn, staqing or fencing plan required by Public works? If you answered YES to any of these questions, a "Public Way Permit" must be obtained. "Public Way Permit" applications may be obtained at the Public Work's office or at Community Development (a sample is attached). If you have any questions please call Leonard Sandoval in Public WorK at 479-2L98. I HAVE READ AND ANS\A/ERED ALL THE ABOVE QUESTIONS. Contractor Company Name Job or Project Name: Date Signed: F : /everyone/forms/bldperm4 PUBLIC WORKS AND THE PUBLIC WAY PERMIT PROCESS How it relates to Building Permits: Fill out the attached check list with the Building Permit Aoplication. If yes was answered to any of the questions then a "Public Way" permit is required. you can pick up an application at either Community Development, located at 75 South Frontage Road or Public Work, located at 1309 Elkhorn Drive. Notice sign-offs for utility companies. ALL utilities must field verify (locate) respective utilities prior to signing application. Some utility companies require up to 48 hours notice to schedule a locate. A construction traffic control/staging plan must be prepared on a separate sheet of paper. An approved site plan may also be used. This plan will show locations of all traffic control devices (signs, cones, etc.) and the work zone, (area of construction, staging, etc.). This plan will expire on November 1st and will need to be resubmitted for consideration for approval through the winter. Be aware that your resubmission for winter may be denied depending on the location of construction. Sketch of work being performed must be submitted indicating dimensions (length, width and depth of work). This may be drawn on the traffic control plan or a site plan for the job. Submit completed application to the Public Work's office for review. If required, locates will be scheduled for the Town of Vail electricians and irrigation crew, The locates take place in the morning, but may require up to 48 hours to perform. The Public Work's Construction Inspector will review the application and approve or deny the permit. You will be contacted as to the status and any requirements that may be needed. Most permits are released within 48 hours of being received, but please allow up to one (1) week to process. As soon as the permit is approved, the Building Department will be notified, allowing the "Building Permit" to be released. Please do not confuse the "Public Way Permif' with a "Building Permif'. NOTE: The above process is for work in a public way ONLY. Public Way Permits are valid only until November 15th. A new Public Way Permit is required each year if work is not complete. Re-application each November 15th does not mean an automatic renewal. I have read and understand the above. Signature F :/everyone/forms/bldperm5 Date Signed BUILDING PERMIT ISSUANCE TIME FRAME If this permit requires a Town of Vail Fire Department Approval, Engineer's (Public Works) review and approval, a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review will take as long as three (3) weeks. All commercial (large or small) and all multi-family permits will have to follow the above mentioned maximum requirements. Residential and small projects should take a lesser amount of time. However, if residential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects may also take three (3) weeks to review and approve. Every attempt will be made by this department to expedite this permit as soon as possible. I, the undersigned, understand the plan check procedure and time frame. I also understand that if the permit is not picked up by the expiration date, that I must still pay the plan check fee and that if I fail to do so it may affect future permits that I apply for. Asreed toby: STaLLA P*D ( LLft Print name t ./-). ,fur/-/dLlL- 5t"tt,"" Project nane' 6ao 4 Fal / S oate: {/S?,/ot F:everyone/forms/bldperm3 r-r I Parcet#: I I ,!I [-,] I-l r I Bldg. Permit #; E j-] r-r= I APPLICATION FOR TOWN OF VAIL PUBLIC WAY PERMIT 19 -1.Job Namg Streot Addresg n n 1l -l (lf unknowncall L_r L-J L_-.r | 479-2i38 ext. 0) Excavating Contrador Name Maillng Address TOV Contractor's Licens€ Number REOUIRED () Phono f Zp City 4. Start Date Work is for 1circte onel Other Completion Date Water Sewer Gas Electric (Permit Expiratlon Date) Telephone CATV Landscaping Temp. Site Access Trench-width (min,4') Bond Amount $ ALL MATERIAL, EQUIPMENT, AND TRAFFIC JOB IS STARTED. 7.Rubber out-riggers are required on Asphalt surfaces underneath the A signature below indicates a signatures are obtained, permittee necessary Town of Vail signatures. BE ON THE JOBSITE BEFORE THE working on asphalt. at all times. utility locatlons and approvals. Once all utility company application through the Public Works office to obtain the up to one week to process, Depth Total SF $ Total LF $ Permit Fee Total Permit Fee $ Public Service Natural Gas Group (1-800-922-19871 Public Service Company (1 U.S. West (1 -800-922-1 987) o TCI Gablevision ol the Rockies (1-800-922-1987) Eagle River Water & Sanitation District (970-476-7480, ext. 114) Holy Cross Electric Company (1-800-922-1987) Town of Vail Efectricians (970479-21581 Town of Vail lrrigation (970-479-2158) Town of Vail Public Works Constructlon Inspector (970-479-2198) THERE WILL BE NO TOTAL STREET CLOSURESI A construction trafiic control plan must be approved by the Pub|icWorksDepartmentpriortoissuanceofthepermit, All excavation must be done by hand within 18'of utilities - (Senate Bill 172). . Failure to notify the Town will result in forfeiture of bond money. Scheduled inspections which are not ready may result in the Town charging the contractor a relnspectlon fee. I certity that I have read all chapters of Title 8 - Public Ways and Property, of the Vail Municipal Code and all utility company agreements, signed by me, and will abide by the same, and that all utilities have been notified as required. 10. 11. 12. Contractor's Slgnaturo d Agreement Prlnt name clearly ATTACH PLAN OF WORK, INCLUDING CONSTRUCTION TRAFFIC CONTROL PLAN Show streets with names, buildings, and location of cuts. USE DASH LINES FOR CUT. Date of Signature White - Public Works Yellow - Contractor o o o[-- {rs c\ 5 :rsa fg \Fv- s -'rJ g. Uf, 0 o +t .} .t h.I Y dsF -s J^ rF a. C/:t rr u, $:,rt f\J (D -- 1l\d \, s r .,\3 q -6 5) t b"" ,\ -''{"' t01..' r-,Le I I I I L .,y @ 3 I ,33d f.Lr-'?s' 9ortr:- ,' l;+3't {r\,-U I I .J lu @ \ ) 3.;{v f i- w [: '; A (9 otlu,la+lt f stlnl B.-" € fIJ \t"a u"i*5 n)( t 4q l^'tl rfttr:1$t'l (,r'\ l'l\1r." j - 1'1r. " L7rh" lr -)s a -vpe- =e 910 Nottingham Road, B-1 P.O. Drawer 5920 Avon, CO 81620 (970)949-1905 Fax (szoyens-st ss WeherebyProposetofuttrishalllaborandmaterialneededtoperforrrtheroofingspecified below and oo "n."n C sheet(s)' Attached sheet(s) are a part of this proposal' Unless otherwis€ specified, the following conditions shall apply: 1) be valid until the contr;t price is received- in fi'rll ' The t day that Plath coostruction worked on the job' D not included in our price' unless specifically mentioned in e our portiotr of the work are included in this ilI, etc.) are included' e nunner according to specifications submined' e only upon written orders and shall become 's Cornpensation lnsurance' thin 30 daYs. Roofing ProPosal Page 1 of 4 Submiucd o: Booth Falls Attn: Susan Fritz P.O. Box 3592 Vail Co. t165t Phone: 476-5U3 Job Name: Job Adfuess: Architect/Darc of Plans: Date: MaY 15,2001 Booth Falls'Units 8-16 Booth Falls Rd - East Vail N/A e lereUy proPce to fumish material and corrolete in accordance soecifications, for the sum of: anached See attached sheet(s) for all orices/ootions---------- DOLLARS $ See attach€d payment to be as follows: Monthlv p(oqress pavmenb will be billed bv tlle last wolkine dav of each month' Authorized Sigtuture, Plah Congruaion Inc: Acceptance attached urd conaitions are satisfactory ffiffi;bt ^;ffi:v*-n" *oo*to to do the work as specified. Payment will be made as outliffd above. Authorized Signture, Owner or Agmt: * Retum one siPned coPY to our o Page? of 4 Mav 15.2fi)l .."ff&TFiIJ"BXtlf "*#*t"b1f ti8?i""HTifi f iBoiTu-- in East &L211 v alt. ru9 prvPvts 'v 'v' i ii[ 16;r$.'.iir oi'lii-uuitainli a'-e e'.Ea iietq."li'.'iirii[ii'uuitail!;-a'-g-gq'i.q:d"T$"F""beendonep &L2 lr4, .d have been done previously. Arl prrcrng is based ;; ilJfi"iii'fi#iiemritJaonetn November 8' 1999' Price for work in Section l:Included in the Section II Price below p SIIarns / PRnFNtsHtD FLASHtr{c: / There are rrrrfs buildines done in the e bid wEre as follows: bid. ak locations' l".",,"IlfionlrX{S[Tit$otf*t;rthe rtuee buildings which include units 8 -16' a thorough all needed. +* This -wgrk, if require{' *l[ b: a"., ffi T"H#"HSI*?f.:f, "lTf H:x3ff3EFf"" 3l Plath constnrction Inc. will provide insurance and permrts required by the Tov Building Departrnent' il. SUPE (-There are loofs Locations: be Gulated to s and entrY's' Specification as follows: Lbcation 1l iiffi;f i3" Polyiro"y-rrrate insulation between the exrsting 2"x4" battens' .lg li'i$"il'#;;sJ':#,11lii91r*fJr':s'ft ffiH each course. Use startel^ant hip-and- I4'-lose resulting in a 10" 5e-veal to {naiirtafor ni| ProPosal has a eaks. and endwalls No are iot directlY over and endwalls ncs as needed, nclud aithe eaves and rake needed, including 'sves and rake edt .qes. J Color is to be "colonral rcq" oy Dernugn ro val 5 tes. :' s ofthe roof sYstem. iLffiJ#il:b113.0ff#,i,t*c""",811ff ftitr'f""i3*'.!".T##nHfHfii*??*j}"'?o'#"i'li;ft " 8l Replace plumbing pipe flashings that are 4" in diameter or less. All larger flashings will be reused' lfi*T&ttiL". r of 7116" oSB over the horiz.gnql l" x 4". The waferboard will be fastened to the battens iifi itr"t ;;;t & i i xe oiI+-tit-ti*J p.i + i 8' sheet of waferboard' l"'i,?.y,'#J#twi9t"l'gff lsffi iffi each course. Use starter-ani hip;ant- 24" lone resulting in a 10" Igveal to shahe bidfor thfs ProPosat has a 3lmaffi *E3t?""Ti:*trtrtri'trstfl'11iff :8H"f, t#ffi i.'ff s"fif i'#;,trf " Page 3 of4 $ 102.322.00 $ 17;785.00 notto exceedr s 120,107.00 *.fhe price in item bl isp.Pgt^to_-g 1iy",E3[frtt9.$vifiL:we will keeP *.fhe price in item bl isp3gt^lo_-g , . .*; of $ 30'fi) Per'm4n hour work is $45.00 Per man nour'; 'cbarged *o't it "d+3.66iliilaiT-out'f rne 'cbarged the dump tmck. ( The i. nricerl'in the base bic the dump tmck' ( The price to t€qr offthg" iiiti#i'i"-tne -uaie bid'and those hours will 3I -dl m if possible.Plath will Oualifi sllashi ,wDripol 'oofflg hat tf,-e ve not I will be from this proPolal. vill be ebrindbned lisociated with the rmf Pr al [1 sts due to Poor access:f+ e ii a "not'to exceed number". Total costs for the three buildings: Mrsceuane Gutt€r and Deck wde Please nol Snowclips ns and llaneou r and d< wderp: ! note I alificati $hing.n, pogt rs ulg ls ex tf,-e cok rot been OUS TU down orool dthat have r pnqng. r proposal. for pricine tfris excluded from thi ations. * + ion is accepted. r ontion # l-below is exclude locations. { rption is ar see opuon cau0 rg.n0 ltrs( 6 ex( cold r locatir option ) see oI ?rstem *+ No fthis c please mt sy! posa[. ;sal. *+ red if tl bid, plt fromthis proPo.s into the base bid at current market prices' All-pri-ctng in / Mav. depending on weather' Due ro tn€ Insufajtiori) Plath will require a letter ot to avoid ahy unforseen materlal pnce I' Page 4 of 4 increases, resulting in repricing of this proposal' 2l The #l medium class 'B' proposal tpve been bid at ffie curretrt market ohce of$ 131.85 per square 'di[lii"Oaimarket, price-changes prior to fii,lii.rit--itililftldfl.;p of the contract price,io reflect anv such changes. above are included in this proposal' All other buildi4gs don in Prior Years''itth;ffiq+;tu;;; 1t s iletermined bY a roof a5 tUs Per square foot s are needed Per roofing square. Locations:ll Shed roofover th€ unit J-storage gar 1l f zsrlel errfrr.r r.vrfa over tjruts O lE /: # of clips 167 clips orice $ 1.995.00 $'329.00 $ 44E.00 $ 448.00 s 3,220.00 Hiv,31 (l1 Ot:O?P Susarr Fritz v st70 -+?6 -+oo8 v p.1 se)CIT't-rFILLLS l{oMEowNERS ASS0emTloN i rsiln Fl'itu I :'sl(i!nt :_.r.:,r"1 Greven I i-eve Prawdzik i cret'rry l:ry 31, 2001, 2001 '' :>r.fn of VaiI ' li Si. Frontage Road t ril.i co 81557 I ,r: 'Boothfalls Re-roofing 'r: Whorn It MaY Concern: ,. he Board of the Boothfalls Mountain Ilomeowners Assocj.ation has engagecl Plath '..r"ri"s to re-roof three of our building this suJ ner. PJ-eaaG issue the : r:cess;ly Pernits 90 they nay proceed Ttith the work' i-ncere I y. t) a .z'1,--- l ){tzn-4ff rsan Fritz =J r resident, Boothfalls HoBt€owners Association- ' 3094 goorhfails Road Po Box 3592 Vail, Colorado 81658 (9701476 5843 t a T BOOTHFALLS MOUNTAIN TOWNHOMES 1973 r 1992 2101 -023-02-001 GENERAL INFORMATION F.{-- 1".. . h; -,"i J ':-z- I "r,.r !. ., ,v ORDINANCE NO.31 SER|ES 1992 -.: AN ORDINANCE ACGEPTING CERTAIN IMPBOVEMENTS CONSTRUCTED AND INSTALLED IN AND FOR BOOTH CREEK LOCAL IMPROVEMENT DISTRICT, DETERMTNTNG fiE TOTAL COST THEREOF, RECEIVING AND ACCEPNNG THE ASSESSMENT ROLL APPORNONNG THE COST THEREOF TO 8E PAID BY SPECIAL ASSESSMEN'IT; AMONG AFFECTED PARCEU} WtTHtN n:tE D|STR|CT, ASSESSING THE COST AS APPORNONED THEREIN AGAINST EACH A$SESSABLE PABCEL WITHIN THE DISTRICT SPECIALLY BENEFITTED BY TI{E IMPROVEMENTS, PBESCRIBING THE METHOD OF PAYING AND COLLECTING fiE ASSESSMENTS, DESCRIBING THE LIEN SECURING PAYMENTTHEREOF, IIAKING NECESSARY FINDINGS WITH RESPECTTO THE SATISFAGNON OF ALL CONDITIONS AND BEOUIREilENTS RELANNG TO THE FOREGONG, AND UMMNG ACNONS CHALLENGING THE PBOCEEDINGS. WHEREAS, the Torvn Council of ths Town of Vail (the 'Town') has heretofore by Ordlnance No.r3, Serles of 1989 (the'Creation Ordinance"), authorized and ordered he oonstruc'tlon and installation ot lmprovemenb thereindescribed (the'lmprovements.) lorhe Town of Vall' Colorado, Booh Creek Local lmprovement Dlstrict (the 'Dlstrict') and detsrmined to levy special assessmenb against the affscted parcels In the District specially benefitted by the lmprovements, according to the method and within the llmitations therein descrlbed; and WHEREAS, the Town Council has heretofore by Ordinance No. 20, Series of 1989, lssued speclal assessment bonds designated Town of Vall, Colorado, Booth Creek Local lmprovement Distrlct, Local lmprovement Bonds, dated August 15, 1ggg, In the aggregate princlpal amount of $365,000 (the 'Bonds'), to pay a portion ot the cost of consbucting and installing the lmprovements and covenanted to apportion, levy, and asssss tre cost of ffre lmprovements in amounts sutficient, together witr any excess proceeds from he sale of the Bonds, upon the assessable pa.rcels withln the Dlstrict; and WHEREAS, the lmprovemenb are now substiantially complete; and WHEREAS, the Greatlon Ordlnance provlded that the assessmentrs to be levled agalnst the affected propertles shall not exceed the assessment amounb provlded in the schedule of assessments attached to the Cr€ation Ordinance, except (a) lf actual conslruction costs exceeded estimated construction costs (but only to the maximum an additional 15%), (b) lf land acqulsltion costs exceeded estimated cosls, or (c) lf separate and additional elemenb ot cosb were Incurred in construction or for other items which were of a nature generally not foreseen and lncluded in the constructon costs at the Ume of the sstimate. all as provlded by Sectlon 20.04.080 ot the Va[ Code; and f icr* 'ti ,i:,it a WHEREAS, the notoe of tre creailon of the Dlsbtc{ wtrlch was publlshed and malled to affec'ted property owners provlded the esumated total to be assessod against affectsd property rvas $366,766, and turtrer provlded that thls was the maxlmum amount to be assessed except as described In the preceding paragraph; and WHEBEAS, the construc{lon oompany orlginalty selected by public bid to construct the lmprovements withln the Dlstdct falled to build the lmprovemenb In accordance wlth plans and specifications and subsequently brought sult against tre Town when the Town refused to pay he construc{lon company a porton of the contract prioe; and WHEHEAS, as a rssult of the failure of he construc{ion company to construct tre proiect In accordance with the ptans and specifications and the subsequent iltigaflon, the flnat costs of the rmprovements are $507,1g7 whicfr exceed the orrginar esdmate; and WHEREAS, a portion of the amount In excsss of tre odglnar esflmats ls additional construc'tion costs whlch exceeded the estlmate whlch do not excs€d he ssilmats by more than 15% and a portlon is separate and additional elements of costs whlch were of a naturs genera1y not foreseen and Incruded in the originar estimated construcrion costs; and WHEREAS, the Town Manager has ascortained the totar cost or he rmprovements, ress that portion thereof to be paid by the Town, and has brought the matter of revyrng assessments therefor belore the Town Council; and WHEREAS, an asssssment rott for he Disbict, showrng tho amounr of each assessment, has been prepared by the Town,s Controller; and WHEREAS' the Town Manager has heretofore caused a notice of hearing ln the form prescribed by sectlon 20.04.180 of the code of the Town to be maired, along wlth a copy of seclion 20'04'200 of the Vait code, by first class postage prepaid mall to the last known owners of the affected parcels as shorvn on the real property assessment rolls for general (ad valorem) taxes or Eagre county as of rive daya before the mairing, on November 24, rg92, and to be published In The vail rrall, a newspaper of generalcirculation in lhe Town, In lts lssue of December 4, 1992;and *HEREAS, the Torvn council has herd a pubilc hearrng on proposed spedar assessments agalnst parcels wlthln the Dlstrict and upon the ordlnance by whlcfr the same shall be levied, all as requrred by chapter 20.M of the code or the Town, at rls regurar meelng on December tS, 1992. 1 ' .Ftt'--;-.<- -=. J by the propeniss , BE TT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO: 1. AoorovalolNottce. TheTownCouncilherebytlndsthatnoticeofproposed assessments and of a Plblic hearing thereon has been given and a public hearing held ln accordance with chapter 20-04 of the code of the Town. The Town council hereby further finds that all othsr condiuons and requlrements relaffng to the levying of special assessmonb against parcels withln he Dlstrlct have been tully satisfied. 2. Acceotiance of lmorovements. The Town Council hereby accspts ths lmprovements constructed and Installed ln and for the District. Aooroval and Aooortionment of costs- The Town council hereby finds trat the total cost of the lmprovements, Induding englneering, legal, and incldental costs, ls 9507,1g7, that the portion thersof to be assessed agalnst the parcels of tand within the Dlstrict ls g487,187, and lhat the balance has been paid by the Town. 4. Flndino of Benefit. The Torn Coundl hereby finds that the lmprovemenb are local lmprovements which have confened general benefits upon the Town and also special benelits upon the affected parcels within the District. Parcels proposed to bs assassed abut or are In the vicinl$ of lhe lmprovements and wlll receive sub6tantial special benefits from he construc{ion and installation thereof which are separate and distinct lrom the general benelits to the town. Said speclal benefits conslst of the mitigation ol rocklall damage to each parcel and the lmprovements located lhereon. Thls finding is made after conslderlng evidence relaung to the lollowlng factors: (1) The effects upon the appearance and environment of and for the properties abutting upon or in the viclnity of the lmprovements; (2) The availabllity of the lmprovements for use abutting upon or In the vlclnlty of the lmprovemenls; (3) The type of lmprovemenb made and the poticy tollowed ln making assessments on similar improvements consfucted In the past; (4) ne nature of he lmprovemenb, singularly or In comblnation, and their lnfluence throughout he area and as to the Indivlduar parcels of property; (5) The ever{ncreasing responsibility and changing ooncspt of what ls requlred of the lndivldual property owners at thelr own cosb under the pollce power even though the general publlc also has avallable to lt such lmprovements; a (6) of tho lmprovoments; (7) Oplnions on tre effects upon the falr market values ftom the lmprovements upon prop€rtles In the vldnity of the lmprovements; (g) The probabte Intuence from the rmprowmen* reraring b ttre protec{on or preservatlon of the values of the properfles In the vlclnlty ol the lmprovemenb. eporoval of Assessment Roll. The Tonn Council hereby recelves and approves he assessment roil for tre Drsfiict as prepared by tre Gonhoiler, a copy of whrch rs attacied hereto as Exhibit A. Aoorovalof Assessment liehod. The amounE speclfied In the assessmsnt roll have been computed according to the msthod descdb€d In ordlnance No. 13, serles of lggg. The Town council has heretofore dstermlnsd, and by uris ordlnance doss agah determlne, that the method of assessment is a falr and equltable one, provlding for a reasonable appordonment of the cost of the lmprovements consbrent wlth the benefits conlened. The determinarion made hereby ls reached after hearing evidence rstating to special benefits actually confened upon the affected parcels, lncluding wlthout limitation Increased market value, and all oher relevant circumstances. 7.Flndino that Benefrts exceed Assessments. The Torrvn council hereby determines that as to each parcel of real estate the spedal benefib excged In value the amounb to bs assessed therefor and that the assessments are apporiloned amount the respeclve parcels in approximation to the benefib confened. 8.sufficiencv of Assessmenb. The Town council hereby finds 0rat ttre proposed assessmenb reflected ln the assessment rolt wlll be sufflcient In the aggregate to cover the portion of the total cost of the lmprovements to be defrayed by the levylng of speclal assessments. 9' Lew of Assessmenls' speclal assessmsnb are hereby levlgd agalnst he respective parcels as set forth In lhe assessment rott, and the Town cledr ls hereby Instructed so to notify the affected parcelowners. 10. Date Assessments Due. At assessmen,, made In purcuance or thrs ordlnance shall be due and payable without demand to the Direcl0r of Admlnisrrdive servlces on January i8, lggg. ti ,- 'jj'*i-::-.-1,- i . ..?.:;.f .,o : -r!lF | 1. Election to Pav in Installments. All such assessments may at the election of lhe owner be pald In lnstallmonts with Interest. There shall be no lnterest ctrarge agalnst any assossment, payment bt wtrrcn is made In full to the Dlrector of Administratve Servlces on or belore January 18, 19S!. The Tofln Manager may publish a notice in at least ons newspaper publlshed and of general clrculatlon ln the Town at least ten days before that dat€, whlcfi notlco shall state the place of payment and the tlme for lt to close. The lailure to publlsh such noilce or to do any other act or thing required by this section shall not aflect such assessment or any Installment thersof, or the lien the Town holds therefor, nor oxtend tre time for payment thereof. Fallure to pay the whole assessment on or before January 18, lgg3, shall be conclusively conskiered and held to be an election on the part of such orner to pay ln Installments the amount of he assessment then unpald. 12. lnstallment Due Dates. Assessmenls not paid on or before January 18, 1993, shall be payable ln 10 substantialty equal Installments of principal, payable March 1. 1993, and annually on March 1 of each year lhereafter until and including March 1, 2002, whlch lnterest on he unpaid princlpal amount at he rate of nine and ons halt percont (9.5old per annum, payable on each prlncipal payment date. 13. Prepavment in Full. The owner of any parcel herein assessed may at any llme pay the whole unpald prlnclpal due under thls Ordinance wlth the lnterest accrued to the next Interest payment date, without penalty. 14. Delinouent Assessments. An assessment or installment thereof shall be consldered delinquent lf not pald within thlrty days after the date set for payment thoreof in this Ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued lnterest to become due and payable. Any delinquent assessment or tnstallment shall continue drawing Inter€st as hereinabove provided plus penalty Interest at the rate of l.S% p€r month. As soon as any assessmont or Installmsnt thereol shall become dellnquent, the Dlrector of Adminlstrative Services shall mark the same delinquent on lhe assessment roll and shalt, at least once each calendar year, but not sooner than the flrst day of October, certify such assessments, along with Interest and penalty, to the county Treasurer of Eagle county, colorado; and the Coung Treasurer shall extend such assessment upon the real prop€rty tax roils ol the County and collect the same ln the same manner as dellnquent general taxes levied upon such property. Upon certiflcation of the delinquent assessment or payments, the cost of sucfr collection shall also become due and payable. However, at any flme prior to the date a dellnquent asssssmsnt ls F" a 8..r' t I I r certllled to the county Treasurer for collectlon the owner may pay tho amount ol dellnq,ent Installments. accrued interest thereon and penalties due, and shall thercupon be restorsd to t|e right hereafter to pay In Installments ln ths same manner as lf default had not been made. 15. Assessment Uens. The assessmenb made pusuant to thls ordinance shall be a llen In the several amounts asssssed againsr each tract or parcet of land from the effec'tive date of this odlnance. In the event ol the subdivislon of any parcel assessed, the assessmsnts shall ln each case bo a lien upon tre Indivldual lob of the subdivislon ln proporlion to thelr respective shares. The llens for assessments shall be prior and superlor to all ofier llens, claims, encumbrances, and titles, whether prior In fime or not, and shall constitute a lien until pald; provided, however, such asssssment |len rs subordinate and lunlor to any llsn for general taxes and is sublect to extinguishmsnt by ths sale of any property on account of the nonpayment ol general taxes; and provided, further, any such assessment lien on any parcel ls prior and superior to any assessment'en hereon subsequenty revied. 16' ordinance conclusive. After the expiration of thirty days lrom he effective date of thls ordinance, att acfions or surts attac*rng In any way the proceedings hetd, the determlnatlons and flndings, made, and the assessments levied hereln, shall be perpetually baned and shall not thereafter be questioned In any court or before any other trlbunal. In order for one to have standlng to challerBe the proceedlngs In any respect, or ffre ordinance adopted, or any assessment levied, he must have asserted hls objections ln acoordance with chaprer 20'04 ol the code of the Town. Fevlew shalt be limited to the objections so asserted. lf a court of competent iurisdiction sets aside any finat assessment, Uren tre Town councll may make a nsw assessment generally In accordance with the provislons ol this ordinance and applicable provislons of the Vait Code. 17' Authorlzlno Acilon. The oflicers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provlslons ol frris ordinance. 18' Hatification. All action heretofore taken by he Town and by the officcrs thereof not lnconslstent herewlth directed toward the levyrng of speclal assessments agalnst parcels wlthin tre District speclally benefitted by the construction and lnstallailon of he lmprovemenls lherein is hereby ratfied, approved and confirmed. 19. Reoearer. Ail acts, oders, ordinances, resorutrons, or pails thereof, of tre Town In confllct wlth the ordinance are hereby repealed, sxcept that thls rcpealsr shall not be construed so as to revive any act, order, ordinance, resotution, or part lfiereof, herstofore I I repoaled. 20. lf any part, sectlon, subsecton, sontence, clause or phrase of thls ordlnanca ls lor any reason held to be lnvalid, such decislon shall not affect the validity of the remalning portlons of thls ordinance; and the Town Council hereby declares lt would have passed thls ordinance, and sach pari, section, subsection, sentenos, clause or phrase thereof, regardless ot the fact hat any one or moro parts, sectlons, subsec{lons, sgntenoss, clauses or phrases be declared Invalld. The Town council hereby finds, determines, and decrares that this ordinance ls necessary and proper for the healh, safety, and we[are of the Town ol Vall and rhe lnhabltants thereof. 22- The repeal or the repeal and reenactment of any provlslon of the Munlcipal Code of the Town of Vail as provided ln this ordlnance shatl not affect any rpht whlch has accrusd, any duty lmposed, any vlolation that occuned prior to the effec1ve date hereof, any prosecutlon commencsd, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provislon hereby sha1 not reyive any provision ot any ordlnance prevlously repealed or superseded unless expressly stated hereln. 23- All bylaws, orders, resolutlons, and ordinances, orparts thereof, Inconslstent herewith are repealed to the extent only of such Inconsistency. This repeater shall not be construed to revlse any bylaw, order, resolution, or ordinance, or part thereof, theretolore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING thls lst day of December, 1992. and a public hearlng shatt be hold on thls Ordlnance on the 15th day ot Decomber. 1992, at 7:30 p.m. in the Council Chambers of the Vail Munldpal Bulldlng, Vait, Golorado. ATTEST: z',t. et A. Osterfoss, Mayor Pamela A. Brandmeyer, Actlng-o,vn Clerk I F thls 15th day of December, 1902. ATTEST W^o,n o XOIICE OF I PUEIIC IEIRING ON SPECIIL IA8E88I,TEIIT8 IOR TEE EOO'IE CREEX IOCID IUPBOVETIEN! DIETRTCI oF |!EE tOrN OF VArtJ, cotonADo A pubtic hearing vill be herd on the revying of speciat assessnents against property l0cated in the Booth creek r,ocal rmprovenent District of the Town of vair, colorado on Decenber 15, L992, at.7:30 p.rn. (or as soon thereafter as the Datter can be heard) at the councir chanbers in the Municipar Bulrding, Vail, Colorado. The general nature of the inprovenents constructed in the District lnclude a trench-bem conplex for the rnitigation of rock faII danage. The total cost of the inprovenents is ssoz ,L87. of this anount, g2o,ooo has been provided by the Town of vair and $487,187 will be provided by assessnents to be levied against specially benefitted properties. objections to the proposed assessnent nust be togged in writing by the affected property ouner with the Tordn Managerrs office at the Municipar Buirding, in Vai1, cororado, no r.ess than five (5) days prior to the date of the hearing before the Town council. The obJections rnust be franed so as to identify the specific issue(s) involved, the grounds therefor, and the witnesses who will present the evidence at the hearing and the generar nature of their testinony. The writing must also incLude the name of the owner(s) and description of the affected property. prior to the hearing, the Town Manager wirl forrrard to the Town council the written objections which he has received. He may at the sane tine forward his cornments in writing in respect to the project and the F asseasments. He uay also nake connents relating to the written obJections. rhe provislons of this paragraph nust be conplied with in detail by affected property owners before objections to the levy of the assessment virl be recogmized. Affected property owners will have an opportunity to be heard and present evidence concernin-g their objections at the pubtic hearing if they courpry vith the condition of this paragraph. Failure to conply with such condition precedent will be deened a waiver of any obJections and a consent to the levy of the proposed assessnent. rnquiries and questions can be directed to ur. steve Thompson, Town of Vail , 25 South Frontage Road West, Vail , Colorado, 81657, or by phone at (303)479-2100. Anyone wishing to inspect and review any written naterial furnished to the Town councir by the Town Manager prior to the hearing, incruding the draft ordinance proposed to be adopted, can do so at the office of the Town clerk in the tluniclpal Building in vail , colorado, on or after Deeember 1, 1992 between the hours of 8:OO a.m. and 5:OO p.rn. Affected property ohrners who do not wish to contest their assessment but who wish to rnake any comments favorabre or unfavorable, relating to the project wilr be given an opportunity to do so. Arr assessnents shal.r be due and payabre without deroand to Director of Adninistrative senrices on ,January 18, 1993. Assessrnents not paid on or before January 18, 1993, sharr be payabre in 10 substantiarly equal instarrnents of principal, payabre March 1, 1993, and annualry on March I of each year thereafter until and including March 1, 2002, with interest on the i unpald princl.pal anount at the rate of g.5ot per annun, payable on each princlpal pa]rnent date. Fallure to pay the whole assessnent on or before January 19, 1993 sharl be conclusively considered and held to be an election on the part of such owner to pay in I'nstallnents the anount of the assessment then unpaid. rf the Town council adopts the assessnent ordinance, anyone wishing to .challenge the sane has 30 atays fron the date of the effective date to seek judicial review. rn order for anyone to have standing to sue, he or she must have aseerted his or her obJection(s) in accordance with the requirements of Tl.tle 2o of the vair code, which requirements are set forth generatry above. The expiration of the 30-day period wilr perpetuatry bar all actions or suits charrenging the findings, determinations and contents of the ordinance and of all proceedings rerating thereto, and wilL finally and conclusively establish said facts and findings. Rondall V. Ph Tohrn Manager BOOTII CREEK ASSESSITIENT SCHEDUIJE 1 Owner and AddresE . Uara Grasis Bossow Box 5055 vail, co 81658 Rodnie w. carton Lynne Erion 1545 Lake Drive Loveland, CO 80538 Roy A. Johnston 3135 Booth Falls Court VaiI, CO 8165? Johann Mueller 910 Fairhray Drive vall, co 81657 Brandess-Cadnus Real Estate, fnc.281 Bridge Street Vail, co 81657 George H. Clowes, Jr.Robert Lanrmerts c/o Larnmerts 125 Park Avenue Oklahorna City, OK 23102 Crown Corr, fnc. Box 1750 Highland, IN 46322 'Robert S. Carpenter 2170 Tecunseh park Lane West Lafayette, fN 47906 Daniel. J. and Barbara A. Feeney 3145A Booth Falls Vail, co 81657 ,fohn W. Gray 3819 Janitell Road Colorado Springs, CO 80906 J. Edward Gund 31OO Booth FaIIs Court Vail, Co Bt65? Parcel Owned Plrgr 1r.bt 5, vail vlllase 12th Filing Block 1, Lot lO, Unit B,l::yu 9f Iot 7, Vail villase 12th Filing Townhouse I€9- 1r Parce1 B, Vail Village 12th Duplex, Resub of lot 2- Pf99t 2, .Lot 6, VaiI Village 12th Filing Block 1, Lot 10, Unit A,Resub of Lot 7, Vail Village 12th Filing Blogk ? t .br 3, Vait ViIIage 12th Filing Block 1, Lot 11, Resub of Lot 7, Vail Village 12th Filing Bloek 1, Lot 2, Unit A, Marquez Duplex, Vai.I village 12th Fiting Block 2, I-at 2, Unit B, Vail Village 12th Filing Anount of Assessnent stg,737 .97 $18,737.97 9l.e,zsz .gz 5L8,737 .97 sLg,737 .97 9LB,737.97 $L8,737 .97 iLa,737.97 sLB,737 .97 _!]ggt 1, Lot 6, unit B, Vail s18,737.97 Village 12th Filing Townhouse Block 2, I_at 8, Vail village sL8,737 .g7 12th Filing o'o Edward !t. and Katherine $o9k r, r.ot 2, unrt B,uarguez g1B,z3z.9?P. cwathney Duptex 3226 Katsos Ranch Road VaLl, co 81657 Jeanine Hallenbeck BI99k lr ht 4, VaiI Village St8,z3z.9z 3236 Katsos Ranch Road 12th Fiiing valI, co 81657 Patrick G. and Suzanne Block Z, I,f,t ?, VaiI Village SIB,Z3Z.97 E. Dauphinais 12th Fiiing Box 1515 vail , co 81558 Robert p. Lanrnerts Blogk 2, .Lol. 4, Vail village 5ta,737.g7 125 park Avenue 12th Fliing Oklahona City, OI( 23102 Robert Leavitt Block _ Lot parcel A, VaiI $18,?32.97 6472 S. euebec Street ViIIage 12th Fiting Englewood, CO go1tl Duane and Carolyn piper Block 1, Lot 8, parcel B_1, SLa,737.g?Box 5560 B-2, vail viDige rzth Fiiing - Avon, CO 81620 Duplex, Resub oi f,ot 7 ' Brandy Lee Mclaughlin _plggk 1, Lot 6, Unit A, Vail SLg,73?.g7 Wall Village'l2th riling fownfro"s" -' Box 112 vail., co 81658 Jorge A. and sybitl R. plock.l, I.ot 9, Resub of Lot gL8,737.g7 Navas- _ 7, Vail villagi f2th fili;;3255 Katsos Ranch Road Vail, co 81657 ,fohn Galt Al99f l, Lot 8, parcel A, Vail iLB,73Z.g7 Mountaineering,Ltd.Vi1rage12thFilingoupiex 3245 Katsos Rancir Road Resub-of I-t t-Vail, CO 81652 Michael D._and Clznthia pl:St ll .ht 1, VaJ.l Village StB,?37.s7 R. stelnle 12th Fiiing John D. and Ruth K.Steimle Box 2024 Vail, CO 81658 Ray E. and panela V. Block 1, Lot 3, Vail Village 5ta,137.g7 _ftory t2th Fii.ing 3230 Katsos Ranch Road vail, co 81657 a :: gLA,737 .97 3L8,737 .97 sL8,737 .97 sLB.737 .9? Garton DevelopDent Box 880 Vall, OO 81658 Garton Developnent Box 880 ValI, cO 81658 Co. Co. Blggk 2. t-€.t 5, unlt A, vall Village t'2th Fillng Townhouee Bl.gck 2, Lot- 5, Unit B, Vail Village 12th Fillng Townhouse 9l9ck ?t .bt 12, Vail VitraEe 12ttr Flllng Block 2, L€.t 2, Unit A, Vail village 12th Filing VaLl lilountain School Box 5O2 Vail, CO 81658 ilacquellne B. Lind 2 Drlve Lane Llttleton, CO 80123 RESOLUTTON No. 2 Series ot 2OQ2 A RESOLUTION TO MODIFYTHE ROCKFALL HAZARD MAPS TO SHOW APPROVED MITIGATION FOR THE BOOTH FALLS TOWNHOMES LOCATED AT 3094 BOOTH FALLS COURT'LOT 1, BLOCK 2, VAIL VILLAGE 12TH FILING. WHEREAS, Lot 1, Brock 2 VailVittage 12h Filling is in a High severiry Rockfarl Hazard as detailed in the schmueser and Aisociates tni Rocttail ltuoy. WHEREAS, a rock fall mitigation wall was completed in 2001 to protect the residents and property on Lot 1, Block 2, VailVillage 12h Filing. WHEREAS, the design for the Colorado G-eological Survey and a qualified eng woutd effectively protect the property from re WHEREAS, the mitigation wallwas inspected by the Colorado Geological Survey after construction was completed and the rtt was found lo be constructed to the approved plans. WHEREAS, the mitigation wilr not adversery impact other private or pubric property or improvements. WHEREAS, this mitigation supports the purpose of chapter 12-12-21-l which is to "help protect the inhabitants of the Town from dangers relating lo development of flood plains, avalanche paths, steep sropes and geor6gicaily sen-sitive "r""".'Now THEREFORE, be it resolved by the Town council of the Town of Vail,Colorado: 1) on v Town of Vait dated March 12h. ,ool"lt*t""l suwey in their retter to the INTRODUCED, READ, APPROVED, AND ADOPTED IhiS 19h dAY Of MArCh,2002. , Town Clerk, Town of Viit o MITIGATE o BARRIER AREA Legal Description for D BY ROCK FALL MITIGATION WALL LOCATED IN LOT I, BLOCK 2, VAIL VILLAGE TWELFTH FILING AND LOT 1, SECTION 2, TOWNSHIP 5 dOUTH, RANGE 80 WEST OF THE 6TH P.M. Eagle County, Colorado Aren rrritigaled by rock fall il lq_ared in Lot l, Dlock 2, Vail Village Twelllh Filing and irr Lnr t, i Sourh, n*ge t0 t"sioirtre cur principal Mcridian, more particularty .. - Block 2, Vail Village Twelfth Filing on the right_ Lot l, Block 2 along a lon-tangent curvc lo tlrc le of 16"3E'05., an arc length of?5.t2 feet and a u llrwesterly boundary; ,1'";?:;',:# i"il H:ff ;;iH il lil'ff;: tltence along said southwesterly bouulary along a curve to llre right havirrg a radius of 25.00 feer,a central angle of 79'38'36', a' arc lengih ot l7.ls fee! and " toirg "hoJ-oiii.oz r"et ueuri'g N.49"l l'2E" W.; 5"08'27" E. 276.30 teet; ly boundary of said L,ot l, Block 2; utfterly boundary; utherly boundary to the point of begirrnirrg. March 13,2002 M. Darrell Wlrite Registered Land Surveyor 9337 PO Box I l5 Gypsunr, CO 81637 I .-f MINIIIES VAIL TOWN COI]NCIL MEETING DECEMBER 1, I.992 7:30 P.M. 4 regular meeting of the Vail Town Couacil was held on Tuesday, December 1, 1gg2, in the Council Qhernhe6 of the Vail Municipal Building. The meeting-was cqlled to onder'at7B0 P.M. MEMBERTI PRESENT: MEMBERS ABSENT: Peggy Osterfoss, Mayon Merv Lapin, Mayor Pro-Tem Jim Gibson Jim Shearer Tom Steinberg Rob LeVine Bob Buckley TOWN OFFICIALS PRESENT: Ron phillips, Town Manager Larry Eskwith, Town Attoraey payn l141dmeyer, Assistant to the Town Manager Martha Raecker, Town Clerk The first item on the agenda was Citizen Participation. Joe Staufer spoke against TOV Ordinance No. 3, Series of 1gg2, regarding such snow removal should be a functim o Larry Eskwith noted most cities through prcperty ow:ners to clear private sidewalks ns opposed to recently passed Amendnent No. cil's passage of TOV Resolution No. 10, Senies sterfoss noted, in addition to TOV, a number ding the Vail Valley Foundation (WF) and efforts in opposition of Anendment No 2. Second on the agenda was complete Steve Simonett's Wilson to the Iocal Licensing Authority unt motion. A vote was taken and the motion passed ulanimously, g_e. lerk, Martha Raeckey's last evening anled Martha forher contributions on. Itcm No. 4 was an- update and disclosure of information TOV had received from consultants regarding research on. TO\ts options related to the Gillett Holdings, Inc. (GHI) and VA L"iF'ptries. -Mayor osterfoss itatca rov ha , at thig tine, ""-pr"La it l"g"l;*"".h;i this issue, aad emphasized the correlation between the success or the ski drp-y t" tn"sucoess of the comnunity. She sunmari red the chronology of events related to the ban-kruptcies and actions taken by TOV. (February, 1gg1: GHf was forced into Uantmptcy by its creditors; June, lggr: GHI declared chapter 1r baDlruptxy; August, lggr: fo:v take all steps neceasary interesls; August, 1992, the hiring of additional protect TO\Ps interests, including engaging sessions were utilized by rov councl because "r",ffjTffi#Jo1'"j1":.*rffit*tffiH:and legal strategy, but no astion was taken, nor would or could harrc been t"kd;;th;;; ! I public review and discussion. Mayor Osterfoss stated TOV epent $18,000 to monitor the 1991. In 1992, $17b,fi)0 was spent m legal gathered had value today and wag a resourre this issue she note* "*Hf|:rsHr#Tffi;i about the now in place at VA would be successfirl She advised VA representatines had told Council they were committed on a long-term basis to operating the ski area successfully, and indicated they felt it was neoessar1r and appropriLte to work cooperatively witl' tne community to address matters of mutual conoern. Mayog Osterfoss said VA reprresentatiyes had stated several times they understood tlieir actions would oontinue to be o6e*ea a" tU" sentation by Chuck Borgman, enber Bob Buckley at no tirne this issue based on tbe fact he was part of the executive gmup working with VA untary bankrrptry proeeding fileil against GHI in February, 199 was engaged ine"-tle time if tUe iailif filing of the involuntary tine that p""*"d"g was converted to a voluntary May, lggi. He saii KutakRockprovidedongoing proeedings, andresearched*aranir"atov on issues related to how had to respond. l[r. B might have recognized eminent domain expert, with the Snfn there was legal basis for d in two general areas: (1) whether or not could impose any kind capitalization or other erpenditures at a certain level or some level o unprecedented for a municipality to exerci particular kind ofindustry, however, lengthy resr legal basis for T\OV to move forward witl eitner or both actions. Mr. Borgman reounted tecbaical details about the @urse of enents of the bankruptcies aod tfe p"6"dd;"16r; danger of internrption of operations of the ski area. Mr' Borgman advised in May,l992,Council asked Kutak Rock torecommend co-counsel with experience in hostile takeover matters. Kutak Rock recommended the firn of Wilke,Farr & Gallagher, a prominent Wall street law firm, be engaged. He saict there were three action had to be taken it would ulti"'ately unfo parties were, where the financial community was centered, and where wilke, Far &Gallagher was based. At lhis t+gl I,4 Borgman indicated was filed in the springof 1992, the fi.nal confimation toa tont-.fiooa"t", GHr andvAhadnow "ffinf,S; 3 ge-a! dtal of e:rpensive legal research was done for TrOV over the past eighteen -*t1".In addition to the research, there was component on which time was spent. continuing value for TOV and would night have to review the situation. TLe avail was not work that would have to be reproduc baakruptcy -proceedings had been coniluded, Kutak Rock's engagenent would become dormant at this pornt. He indicated Kutak Rock had """"io"a oo aiiltion to move forwarq and felt any Council obserriration of VA operations would no lo"g"r r-q"i"" a legal i-*"*i I t o at tJris tt-te. He gave an overview of the bankuptgl arena, and pointed out the tremendous power oflankruptcy judges, who could, ir fact, afrect existing relationships between debtors and third parties, incJuding th9 capacity to void existing contracts, as *ell as the possibfity of affecting 1'0\rs ability to collect taxes and enforce existing agreements. that, he indicated, would clearly have had direct irnpact on the ongoing operation of the ski area. He crncluded his presentation by recalling Mayor Osterfoss had earlier mentioned mmt of TO\r's communications regarding this issue had been in Executive Session, and added that was intentional. All of the work product produced had been submitted to Larry Eskwith as Town tAtlgrneV with the protection of attonoey-client privilege. He cpncluded his prcsentation by indicatiag the arnount of strategy involved and Council's desire to avoid having: its actions or tbreat of actions have a negative impact upon VA or upon the successfuI culnination of the bankmptcy proceedings were the primary rteasons for TOVs intemalization of this issue while research was underrray. Merv Lapin th,en explained he had personally ta.ken on the job of followiag GHIs financial condition, and said he took firll political responsibility for encouraging fellow Council members to monitor and understand the implications of this banln"rptcy issue and the resultant actions taken. He felt that was Council's fiduciary tesponsibitity, and said. he personally saw no other altemative but to suggest TOV follow the cou-rse of ihe bankruptcy and know the alternative choices of action available to it. He mentioned numenous dealing; TOV had with VA a bankruptcy ould affect, including t}le 4% Iift ticket tat(g% of TO1Fg budget), the 60'year lease VA had with the Vail Recreation District (\IRD) for the lands around C'old Peak, the zoning greenbelt and open spaoe, and the possibility that Vail and Beaver Cr'eek could lave bgen separated and lold or liquidated- He noted it was "t .y; Council's intention to bring this issue to the co unity for a public hearing before any action was taken' He agreed with Mayor Oster{oss about Council'Joptimistic view of the future of V,{s new management, but added he was concerned because ihe new ownership there had nj_[."k rygo$ operating a successfuI ongoing oompany. However, in the short run, he felt TOV.should-be pragmatic and judge the new management by ontributions they i*a" t"keeping Vail Nu-mber 1, including contributions not only io the quality of the st ii"g expelience, but cuntributions toward solutions for problems r,elated [o e-ploye" housing;public transportation, parking, and the expansion and repair of Vail's infras-tr;chrc. MeJ encouraged Apollo Grgup to increase their Board of Directors to include aganingfirl representation of outside directgrs representing the interest of the Vail gqynmrrnily. Mlrv also expressbd concern that, although GHIs debt had been reduced. for the p"".ofo*o"tr" not be overpaid for by the next issue. Menz stated many people invested here, and felt it was necessarJt for the co-rnunity to stand together to continue to make Vail Number 1. Mr. Borgm- an spoke again briefly in response to Bill Wilto's request for clarificatim of TO\te lPtigns. Mr. Borsman said the choices would have been dictateil by what nappenea in tne bankruptcy, but summarized the options previously explainsd. had been no investnent banking Mr. Borgman stated a number of he summer of 1992, but none were engaged due to the turn ofevents. Mr. DaIv be public record, and Mayor Osterfoss advL at thig meeting was confidential attom.ey-clienr available. Larry Eskwith confirned the attomey work prod.uct would not be public record-Mr. Daly commented about the process of TO\Ps researci, and added he ** o"li"o"d bv tl"conclusion reached- He ctmmended Council for taking the action now b"i"g take. ff"trust that had been nurtured during the last sixty days could expectation it would. He stated there was a new vision, as the rd that all entities had to work together, and VA was open to diryussrq and participation where it made sense from a good-businees perspective as well as from the perspective of a good corporate citizen. Mayor Ogterfoss concluded_by noting Andy Daly and the rest of the new VA management qrouq ha! sho{n a great deal of interest in working and communicating with fO-V, ""a clearly, she said it was felt there was more to be gaiied by working coope"ati.rely with VA Item No 5. was a Consent Agenda consisting of two items: ) (a) Approval of Minutes of November 3, 1992, and November t7 , tgg1r f,ysning Meeting Minutes. (b) Ordinance No. 27, Series of 1992, second reading, an ordinane qpsnding section 18.57.020 - Employee Housing uDits (EHUs) generally, of thf .57.060(8)6 to clari& ffts qssning. Mayor ostedos Men' Lapin morred to appmve conseut Agenda Itcn A, but to table B, with a second froro hom Steinberg. .fr- Ciluo" asked Krisren ason for l6fling ordinance No. 22, Sries of 19g2.Kristatr stat€d she utrderstood this neeting's agenda was too fuIl to reniew the second. reading of this ordinance, and that a nunber be discussed at the December 15, 199 to the ordinrnce were anticipated on secon anticipated, and the changgs Council had requested on firgt reading had been made for second lssding. To darifr the issue, Mayor Osterfoss aeked Iftistan if-the people -"""*"a q/ift this sldinsnce were ooncemed with the wene ooncemed about any changes that coul indicated there wene not any concems about of lots under 15,000 square feet. She objection to the ordinance if it was passed as presented on second. r,eading at tJris neeting.A vote was then taken on I\[err/s motion, and the motion failed, 2-4, Mayor Osterfosc jG Gibson, Jim shearer, and Rob_Levine opposed- Jin Gibeon tneo'-*6a to approe 659 Consent Agenda, with a second from Jin Shearer. ance No. 27, Series of I s6allsl than 15,000 theordinancewourdaddr."ff :l:9"':tJJ"l"r"Tr"ff *"-*ffhffi ff"Ht:$lr*""tr explained, on lots re feet, the cument ordinance allowed f,ss rrnits assuming the secu sldinance rrguld restricted as employee housing rrni;g fall under existing rules. There was vote was then taken an$ the_mgtion to pass the_consent Ageuda passed, 4-2, Merv Lapin and Tom Steinberg opposed to Ordinance No. 22, Series of 19-g2. which was being divided over 26 different assessmenJ coul! be paid in full by January 18, 1993, or in ten equal ins+ottyn efis at $.Eqo interest. Larry Eskwith noted thene would be this ordinance aad on the assesements on De assessed had been notified by certified mail would be published in the newspaper. Series of 1992, with a second from Jim resident of mitigation improveme _ the assessment was established at the time the district was formed. Ron Phillips also described dstails of theiormation of this dishict"noting most of the owners in the Booth Creek area had been involved in the fornation pnooess' Ron advised the owners had come to TOV asking for assistance with noaoci"g of the needed improvement. There was diacussion about ile o"igi"J aasessment arnount, I construction problems the project had encountered, additional monies spent because of problems related to the construction and cost of litigation as a result of that, and the cost of interest on bonds covering the project. Ned Gwathmey said the project now worked, but asked for an accounting of the project's costs. Steve Thom.pson indicated a breakdown of the requested accountinginfornation was available. Jin Gibson then called the question. A vote was taken and the motion passed unanimously, 6-0. Item No. 7. was a review of Town of Vaills third Quarter Financial Report and hoposed Supplemental Appropriations. Steve Thompson advised TOVs financial condition forlgg2 remained in line with what had been projected all year. He noted there were approximately $2,0O0,000 worth of projects between tJre Capital Projects Fund and the Real Es-tat€ Transfe; Tar Fund that would need to be rolled forq'ard into 1993. He brielly reviewed the revenue and e Iott€ry Fun4 Real Estate Tyansfer Tar, und, and Polioe Confiscation Fund ludget categories. Mayol Osterfoss inquired about the number of projects being rolled fuward, and there was discussion about possible affects of Anendmeot fVo. f oi those Projecq. It w_as explained funds could be put into a reserve which would be viewed, under Amendment No. 1, as expenditures in the year the reserye account was established, but Steve Ba:nricL added this option was dependent on court rulings regarding resenres and other operations under Amendment No. 1 regulations. Item No. 8 was ordinance No. 32, Seriee of 1gg2, first rssding, an ordinancg psking !|P.-nlenental appropriations ft'om the Town of VaiI General Fund, Capital Projects Fund]Vail Marketing Fund, the ReaI Estate Transfer Tax Fund, Police -Confiscation Fbnd, !,ion_sHlad Mall Prqject Fund, Consenration Trust Fund, Lionsltread Mall Debt Service Fund, Booth Creek Debt Service and Construction Fund, Heavy Equipment Fund, Town of Vaii Debt Servioe Fund, West Vail Debt Senrice Fund, and Police Bui]di''g Construction Fund of the 1992 Budget and the Financial plan fe1 the Town of Vail, Colorado; and authuizinj the expenditures herein; establishing a rlesenre fund balance of $5,740,fr)0 $Eb0,odo; and setti;g forth details in ";g""d thereto. Mayor Osterfose read the title in full. Menr Lapin moved to-appmve Ordinance-No. 3et, Series of 1992, on first reading, with a second from Tom steinberg. Before a vote was taken, there was discussion about requirements of Amendment f{o. flincluding "se of tle tem "em- ergency neserve," and furtber discussion regarding pledgrng of asse-ts for that reserye' Mayor Osterfoss noted the $550,000 emergencJr neserye *as oot usable under any gilprrmqt'sasss short of physical emergeucies. It was noted the resenre could be invested bn;tern. A vote was taken and the motion passed unenimgugly, g-Q. Item No. 9 was Resolution No. 18, Series of 1992, a resolution authorizing employees of the Town of Vail to purchase, sell, resell, to or from Gill & Associates; and rditi"j fo"tl a*aits in regard thereto. title in full. Jim Gb.oo *o.Ea to appmve Resolution No. 18, d from Merv Lapin. After brief disd;i"q ;vote was taken an ously, 6-0. Item No. 10 was Resolution No. 19, Series of 1992, a resolution authorizing employees of the Town of Vail to purchase, sell, resell, to or from Raf finanAal Corporation; ":rd r"itiog fo"th details in regard thereto. Mayor Osterfoss read the title in n l. .li- Gibson -d"a to approve Resolution No. 19, Series of 1992, with a second ftom Tom Steinberg. A vote was taken and the motion passed unanimously, G0. Item No. 11 was Resolution No. 20, Series of 1992, a resolution authorizing employees of the Town of Vail to purchase, sell, r'esell, to or from Stifel, Nicolaus & Co., Inc.] and ".itiog fo*n details in regard thereto. Mayor Osterfoss read t}e title in full. Jim Gibson -i"a to approve Resolution No. 20, series of 1992, with a second from Tom steinberg. A *t" ;;taken and the motion passes unanimously, G0. Item No' 12 was Resolution No. 21, Series of 1992, a resolution authorizing centain Town employees and ofrcers to siga checks drawing on a health insura; debii aocount to be I claims Rob LeVine moved to approve Resolu a vote ,r, U-f*t*o' Afterbrief discussion' ? the Antlers Qqadomininrns, 6ge F'iling. The applicant was Rob steppeddown frrom discussion due to conflict in fact, for two variances; the fir8t being signs. He explained the description of the DRB dateal Norrember 4, 1992, induding a prcpoeed shangp in the lettering style and lighting of the existing 36 squale foot legal n6n-confoming sign. He indicated TOV Municipal Code stipulated the right to continued use or operation of any legal non-conforming siga. teminated whenever a sign was altered in any way. Therefore, The Antlefs needed 4 variance even though the size and bgight of tbe proposed sign would remain the same as the existing sign. Ttm noted there."t* pi"*d"ott for this type of variance, and staff and the DRB Uetievea there werre special d"c'.;ta!ce; , and that gartingof Siglr Code and would properry,ro the neighborhood, or to the n"oo" ilff"?T.l*.iff&fl*ttJ"ffffi motion. A vote was taken and the motion passe4 E-Gl, Rob I€vine abst€inirt Itern No. -14. was an ?ppeal of a Desiga Review Board (DRB) decision denying the request for 9 color change for the residence located at 1628 Vail Valley fhive, lot 1-, Warren pqlis Subdiwision.-The appellant was Mr. J.P. Molp.eaux- xrisdn Pritz reviewed the criteria from the DRB's October ?, 1992, vote to deny the color change requeat as detailed in the CDD memo to Council dated December 1, 1g92. including the fact that l[r. Mol5meaux had house red that auth agreed to compromises examined by the DRB and I\[r. Mol5meaux since Augus! lgg2, Mayor Osterfoos indicated the DRB's decision to deny the color cnange had beei appropriate as the DRB'g decision was based on the parameters set forth in tOV trtuniapal C'oie. Jrm Shearer morred change for the ed on the DRts lpnrovar)and18.54.050(A1)'"d(c;T(ffiffi mffiJTrt'i#ffi ffi flrt["JT",T forth in the above referenced rnemo. Jim Gibsc seconded th.e motion. #;;;d";;taken, Rob Levine noted there was no malicious intent on Mr. Ivrotv"ea"*s pat, and diJJ the DRB to cpntrnue to work wit _h Mr. Molyneaux, who ag.eed to;;;t the residen* Uy tl"end of June, 1993- It was stated the tine betwern now and then was a reasonable anount of time to repainl, and that it was not reasonable, during th" *irt";onths, to *q"t* th;repaint. A vote was taken and the motion passed, 6,0. - There being no firther business, a motion to adjouln the meeting was made and passed ulenirneus,ly. The meet,r,g was adjour.ned at .0:00 p.M. Respectfirlly submitted, ATIEST: u/) Minutes hksn by Dodanne S. Delo C:UrltlsDECl.g aret A Oeterfosg, M t, Patnela A Brandmeyer, A ng Town Clerk Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacjoppo Merv Lapin Gail l,lahr'lich-Lowenthal Tom Steinberg None Ron Ph'i 11ips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk I MINUTES VAIL TOWN COUNCIL MEETING AUGUST 1, 1989 7:30 P.M. A regu'l ar meeting of the Vail Town Council was held on Tuesday, August 1, 1989, at 7:30 p.m. in the Counci'l Chambers of the Vail Municipal Buildjng. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: The first order of business was a ten year employment anniversary award to Glenn Moore, a Fire Technicjan at the Fire Department. Ron Phillips gave background information on G1enn, and presented him with a Town of vail belt buckle. Dick Duran, Fire Chjef, said a few words regarding the hard work Glenn has done over the years and how much he appreciated him. The next item was a consent agenda for the following items: A. Approval of the minutes of the July 11 and 18, 1989 meetings. B. Ordinance No. 15, Series of 1989, second reading, an ordinance a1 'l owing enployee'units ih Lionsridge Fil ing #4. C. Ordjnance No. 18, Seri es of 1989, second read.i ng, concern.i ng cable tel evi sion conmuni cati ons. D. Ordinance No. 19, Series of 1989, second reading, granting a five year cable television franchise to Heritage Cablevision. E. Ordinance No. 20, Series of 1989, second reading, concern'ing the issuance of-local improvement bonds for the Booth Creek Local Imprwement District, and reflecting the interest rates presented and accepted, purchase pri ce of the bonds, and purchaser name inserted in the ordinance. Mayor Rose read the full tjtles of all the ordinances. Larry Eskwith noted one change on page 6 of the franchise agreement. Eric Affeldt commented on one paragraph of the July 18 minutes. Merv Lapin made a motion to approve all items jn the consent agenda, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 7-0. The third subject was an appeal of a P'l ann'i ng and Environmental Conrmissjon decision to approve a setback varjance on Lot 6, vail village 10th Fjling (950 Fairway Drive). Betsy Roso'lack gave background information regard'i ng the varjance riquest,noting the PEC vote was 5-1-1, with Diana Donovan opposing, and Jim Vje'l e absta'ining. She then explained why staff recommended approval and upholding the PEC decision. Eugene McGuire, who filed the appeal , explained he would preier to ho'ld this item over for two weeks until he could talk to Mr. Katz and the neighbors. Tom Briner remarked he would not be avai'lable on August 15, and a1so,they wanted construction to proceed; Mr. Katz was planning to go to the Design Revjew Board tomorrow. Mr. McGuire reviewed the series of events leading up to this point. He stated he was asking that the variance be denied (overtuin the PEC decision), or have Council send the item back to the PEC for revjew again, and gave reasons why he felt the valiance was unnecessary. vern Anderson, an adjacent property owner, reasoned the front of the netll house should be in line with the front of the other houses; it was not consistent with the architecture appearance of other properties on the block. There was some discussion regarding variances l for neighbors in relation to the Katz nesidence, and studjes done in 1975 versus later specific information. Mary Lou lrfalters, an adjacent property owner, felt Mr. Katz should try to make the neighborhood consistent and not build in front of his neighbor. Helga Mesenbau, a potentia'l buyer of Mary Lou l{altersr residence, gave a - bit of background information regarding a 1977 study. Dr. Mesenbau stated he had looked at the proposed drawings, noted the items of importance to him, and that he would be in agreenent with the other ne'ighbors. There was some discussion by Mr. Katz as to changes already made to appease the neighbors' concerns, and why he fe'l t the PEC decjsjon shou'l d be upheld. AI1 parties agreed to postpone this item for a few minutes to-see if the property owners could work out the problems by themselves and find common ground. The fourth order of business was an appeal of the Planning and Environmental Commission decision to approve an exterior alteration, height variance, and density variance for the Enzian Lodge, at 705 l,lest Lionshead Circle, Lot 1, Block 2, Va'i 'l Lionshead 3rd Filing. Kri stan Pritz gave background information regarding the two variance requests made by the Enzian. She reviewed the criteria used in 'looking at the variances, and explained why staff recommended approval of both variances, with two conditions: 1. An employee housing unit shall be provided within the building. The enployee housing unit shall have a minimum square footage of 400 square feet. The owner shal'l be respons'ible for submitting an employee housing agreement to the Community Deve] opment Department before a building permit will be released fon the port'ion of the remodel . The employee dwelling unit shall be restricted per Section 18.13.080 B. 10 a-d. This written agreement shall be submitted to the Cormunity Development Department and Town Attorney and approved by the staff before a building permit is issued for the project. 2. The three new accommodation units will have gas fireplaces per Town of Vai l ordi nances governi ng fi repl aces. Kristan noted the Planning Commission had removed the employee housing requirement. Jay Peterson, representing A'lma Equities Corporation, the applicant, explained why the employee unit was not acceptable, and briefly discussed parking. There was some discuss'i on regarding Commercial Core II zoning, and Council's heed to look at changing the zoning. Council dinected staff to bring the zoning problem back to Counci'l in the near future for changes. There was then some discussion regarding parking needed for the restaurant and hotel , and landscaping. Mike Cacioppo questioned the lowering of square footage of the meeting nooms, and was disturbed by the plans to take away some of the parking. Kristan reviewed the ernployee housing condition, and stated the PEC did not agree it was a fair request; that was why they pulled the condition. Merv Lapin nade a motion to uphold the PEC decision based on staff reconmendation, wjth the following conditions: the uses will be residential only; employee housing would be provided in the building; a charge of $5'000 per parking space would be applied for each space taken away; plus the two conditions recommended by staff (shown above). After some discussion, Merv 'included the size of the employee unit would be no less than the size of one hotel room. Eric Affeldt seconded the notion. A vote was taken and the motion passed unaninously 7-0. Tom Stejnberg requested staff to review the zoning and bring the issue back to Council. The fifth agenda item was an appeal of the Design Review Board decision granting final approval of the Rose residence (2880 Booth Creek Drive). lvlayor Rose stated the reason this item was brought before Council was because of the 2-0-2 vote by the DRB; this was just for rev'i ew. Mike Mollica reviewed the p'l ans of the residence and noted the removal of two trees, while saving three. Duane Piper,project architect, then reviewed the landscape p'l ans. A motion to approve the Rose residence as presented was made by Merv Lapin and seconded by Mike cacioppo. A vote was taken and the motion passed unan.imously 7-0. At thjs time, Council returned to item three regarding the Katz residence setback variance. Mary Lou lJalters commented they had been unable to cone to a compromise.After much d'iscussion by Mr. Katz and his neighbors, Tom Briner reviewed the plans for the home and what the requested changes would involve. Mr. Katz remarked the house did not request any variances other than the four foot setback all the other property ohrners in the neighborhood had. He stated he did not expect any problems, and did not understand the complaints of the appeal . He sajd he needed to'go to the Design Review Board tomorrow so he cou'l d start construction September 15.After some discussion regarding the PEC guide'l ines, Merv Lap'in made a motion to uphold the PEC decision based on the findings of the PEC that 1) this was not a -2- grant of specjal privilege; 2) this was not detrimental to the pub'l jc health, welfare, and safety; and 3) this variance was warranted because of the strict interpretation of the guidelines. John Slevin seconded. Gail Wahr'l ich-Lowentha'l commented she would oppose the request due to the fact that now we have more information than in 1975, when the original vaniances were granted. Mike Cacioppo agreed, adding he did not feel there was a hardship invo'l ved. Mayor Rose felt he would rather err on the side of safety, and rockfall and avalanche hazard studies are unscientific.. He would rather look at moving the building forward for safety rather than assume it wou'l d be alright; therefore, he would vote for jt. A vote was taken and the motion passed 5-2, with Gail ltahrlich-Low€nthal and Mike Cacioppo opposi ng. There was no Cit'izen Participation. There being no further business, the meeting was adjourned at 9:40 p.m. Respectful ly submitted, ATTEST: / .- , / Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- t I{INUTES VAIL TottN CoUNCIL MEETING JULY 18, 1989 7:30 P.M. A regular meeting of the Vai'l Town Council was held on Tuesday, July 18, 1989, at 7:30 p.m. in the Council Chambers of the Vajl Municipal Building. MEMBERS PRESENT:Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Lapin Gai I Uahrl ich-Lowenthal Tom Steinberg None Ron Phi1|ips, Town Manager Larry Eskwith, Town Attorney MEMBERS ABSENT: TO}IN OFFICIALS PRESENT: The first order of business was a ten year employment annjversary award to Matt Lindvall, Po1 ice Investigator. Ron Phi'l lips briefly revjewed lrlatt's employment background with the Town, and presented him wjth a Town of Vail belt buckle. Ken Hughey' Chief of Police, thanked Matt for his hard work over the years. Mayor Rose commented he really appreciated what Matt does, and congratulated hjm on his length of service. The next item was 0rdinance No. 13, Series of 1989, second reading, an ordinance establishing the Booth Creek Local Improvement District. Mayor Rose read the full title of the ordinance. Larry Eskwith stated this was a second public hearing, and he would take testimony a second time because the Town was required to change-iome figures in the ordinance. He noted the figures are now final . Larry ca1led Stan Berryman; Director of Public llorks/Transportation as a witness, and Stan was sworn in by Ron Phi11ips. Stan exp'l ained what had transpired since the previous publjc hearing June 20, 1989. He testified he had contacted the engineers, looked'at the redesign and slight increase in the project cost, sent out a notice June 30, 1989 to the property owners to be assessed, published a public notice in the July 7; 19gg issue of the Vai1 Tt'ail. Ron Phillips noted the Town had received one piotest by Art Kleimer ai?TEEEEFee other owners of one piece of property. Stan stated the shape of the berm had been changed and it was smaller, all the assessed property owners were abuttjng or would be benefitted by the improvements. He reviewed,the formula used to assess each property owner's ihare, and testified the total cost of the project.wou'l d be $386,766 minus the Town of Vail's contribution of $20,000, for a total of $366,766 to be assessed to the District. There was a short djsiussion regarding the protests from the first assessment versus the second assessment. Stan stated there had been five bidders for the job, with L & N Enterprises of Berthoud,Colorado as low bjdder. Jack Acuff asked how the Town would handle the County's contribution of $20,000, to which Mayor Rose and Ron responded. There was a ihort discussjon concerning the construction schedule. Stan stated the project could not be awarded, or a contract signed, for 30 days, which would be August ia, tggg. He stated the construction work would begin that day, and it looked like a two month project. Ton Steinberg asked about the timing of taking the area out of the high hazard designation. Mayor Rose commented the engineers would have to submit thi revised draw'ings. Larry Eskwith remarked the ordjnance provided for it, too. The engineer and geologist have committed to take the area out of the hazardous designation if the project was built to their specifications. Pat Baker stated he lived on Booth Fall s Court and was in favor of the project. Merv Lapin conmented the Town would be responsible of maintaining the berm area in the future, and all costs would be handled by the Town. There was then some discussjon reganding insurance coverage for a project like this. Gail Wahrlich-Lowenthal mide a ilotion to approve the ordinance, which Mike Cacioppo seconded. A vote was taken and the motion passed unanimously 7-0. The third item on the agenda was Ordinance No. 20, Series of 1989, first reading,concerning the issuance of loca'l improvement bonds for the Booth Creek Local Improvement Distnict. The full tit'le was read by Mayor Rose. Larry Eskwith stated o e tL. '' this was a finst reading, rather than second reading of Ordinance No. 17, and would repeal the Ordinance No. 17. The ordinance had been redrafted with correct figures and second reading would take place in two weeks. Stan Berryman noted he had scheduled a meeting with bond counsel , Dee l{eiser, and another attorney to answer ^ questions for those interested in forming a new district for the Booth Fall Townhomes; the meeting was scheduled for Friday, August 4, 1989, 3:00 p.m., at the Public llorks offices. There was some discussion concerning clarification of the scheduled meeting, and Mr. Weiser's invo'lvement in living in the district. It was noted that Mr. Ueiser did not live in the district, his parents in-'l aw'l ive in the . next pnoposed district. Mike Cac'ioppo made a motion to approve the ordinance, and Tom Steinberg seconded. Merv Lapin questioned if the bonds had been set up and who was planning to buy them, to which Ron Phi'l lips and Larry Eskwith responded yes and explained. A vote was taken and the motion passed unanimously 7-0. The fo'l lowing order of business was Ordinance No. 18, Series of 1989, first reading,concerning cable televisjon cormunications. Mayor Rose read the tuli title. Larry-Eskwith stated he had drafted the ordinance and reviewed it with outside counse'l and Heritage, and felt it was a good ordinance. Bill Perkins cormented he had become aware of the varied cormunity activities Heritage had been involved in over the years' and their good fajth in busjness practices with loca'l businesses. M'ike cacioppo remarked he agreed wjth Bj11, Heritage had done a fine job, and he was comfortable wjth the ordinance and contract. Don Hagan reviewed concerns he had regarding no automatic renewal , annexed or selected areas, non-controllable issues,Heritage's liabjlity, gross revenues, late fee interest percentage rate, digital signals received over telephone lines, and monitoring. He also noted typogiaphical errors through the ordinance. After much discussion of these items, Eric Affetdt made a motion to approve the ordjnance with the typognaphical corrections, and Tom Steinberg seconded. A vote was taken and the motion passed unanimous'ly 7-0. The next agenda jtem was Ordinance No. 19, Series of 1989, first reading, granting a five year cable television franchise to Heritage Cablevision. The full-tille was read by Mayor Rose. Larry Eskw'i th stated this ordinance wou] d approve the actual franchise agreement wjth Heritage; the agreement was for five years; and it had been rev'i ewed by.Council as we'l I as outside Iegal counsel . Kevin Rice, Senior Vjce President of Heritage, stated he believed Heritage had exceeded a'l I their comnitments and requ'i rements of the Town of Vai'l agreement 'in 1981 ; they had made the-system nore dependable; Heritage h,as a good corpbrate citizen because they believed in it; they also be1 ieved the new agreement was fair, but not for a iong enough term - they would be required to start negot'iations in 25 months for the next time. He also thanked Larry and Ron for their long hours of work on the agreement, and thanked the Council for their friendly negotiations. Merv Lapin questioned whi Heri tage was interested in this agreement, to which Kevin responded he felt the agreement was necessary so both sides would know what to expect, and he did not feel Heritage could do business in the Town and use our rights-of-way without it. Larry agreed. There was some discussion by Council and Kevin regarding rates and repercussions of conflict. A motion to approve the ordinance wai made by Mike Cacioppo and seconded by Tom Steinberg. Peter Patten, a resident of Vaii, requested ' certain channels and stated a petition had been sent to Kevin regarding this. Kevin responded he had not seen a petition yet, but they would take it under review. He stated if there wou'ld be a dramatic cost increase, they would have to |ook at it;they would not rule. it out, but would not give encouragement that a change would'take p'lace before the end of the year. There was then some discussion aSout making the special request a pay channel , to which Kevin responded they were not allowed - that option. Merv Lapin asked Kevin to look into it before second reading, if possible. Mike Cacioppo noted the audio level was not the same on all chinnels, to which Kevin replied as far as he knew they had not received a complaint, but they could correct it. Don Hagan cormented he was happy with what Heritage had done over the years, and that Heritage had been a good corporate resident. He questioned how much did the five percent franchise fee amount to, to which Kevin replied in 1988,Heritage had paid $79,553. There was then a brief discussjon concerning the operating cost of the public access channel . A vote was then taken and the motion passed unanimously 7-0. Ron Phillips remarked that Larry had done a remarkable job on a complex subject. The sixth item was Resolution No. 26, Series of 1989, concerning the Arts in public Places Program. Kristan Pritz noted the memo Councii had been given listed the changes in the document, and that one Planning and Environnentai Com'ission member, one_Council member, one Design Review Board member, and one Community Development staff person had been added to the comnittee. Gail trlahrlich-Lowenthi't tett ttre committee should be increased from 7 members to 9, and asked Kristan what the -2- expectations were of the conmjttee members, since it was written members could not miss three meetings in a row. Kristan responded she expected the committee to meet about once a month. Mayor Rose remarked he fe1 t 3 community members and 4 Town of Vai'l members was too many from the Town, and either change the numbers to 5 community members and 2 from the Town, or jncrease the number to 9. Kristan replied she had not problen increasing the number. Mike questioned where it had been stated this would be a temporary board, which Kristan responded in the resolutjon; through the resolution Councjl was making it temporary. Mike cormented he was concerned the community members would be gallery owners. It was decided that gallery ownens did not always agree, so it would be a1 r'i ght. Kristan then reviewed the other major changes made in the document, then requested approval for the tempo.rary board for two years, and addressed Mike's concern over costs. She stated there would be one planner staff time, and secretary time, plus if the Town needed to place the art or build a base, they may come before Council asking for funds. Mjke stated he appreciated knowing up front of any potential costs. Kristan then briefly reviewed the membens' ro'l es. Eric Affeldt recommended Kristan pick up Insiqht magazine and show it to the board; it had good information in it. Gail Wahrlich-Lowenthal had a question regarding public safety, to which Kristan responded. Peter Patten commented this was anticlimactic; this was very positive and no public u,as present; he also felt the potential for Vail was irmense and exact'ly what the Town needed to make jt a more attractive place for locals and guests. He also remarked Kristan needed the most credit; she had done an outstanding job on this. He also felt the Task Force deserved a letter from the Council thanking them for the work done over the last two years. Merv Lapin nade a motion to approve the reso'l ution, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The next order of business was Resolution Nos. 28 - 53, Series of 1989, designating the financial institutions as depositories for Town of Vail funds. After a brief discussion by Council and Steve Thompson, Merv Lapin made a motion to approve all of the resolutions. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 7-0. There was no Ci ti zen Parti c'i oat'i on . Merv Lapin'suggested staff evaluate the purchase of Ginny Mae's, and encouraged staff to stay_away from them. Steve Thompson agreed. There was then sone discussion regarding zero coupons. St'eve noted he would have the semi-annual investment report for the next Council meeting. Mike Cac'ioppo remarked this was the first time in the history of this Councjl that alI of Council had agreed to all items on the agenda 7-0, and he thanked the other Counci'l members for coming around to his way of thinking. Mayor Rose remarked there had been an executive session regarding lawsuits started at the Work Session that afternoon which Council had to interrupt. He asked that Counci I continue the executive session now. Tom Steinberg announced for those who felt the performing arts would not sell in Vail, 650 paid sit down seats had been sold last week at the Amphitheater. There being no further business, the meeting tvas adjourned at 9:35 p.m. Respectfu1 ly submitted, ATTEST: \J Pamel a il Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- MEMBERS PRESENT:Kent Rose, Mayor John S'l evin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Laoin Ga iI lr|ahr'l i ch-Lowenthal Tom Steinberg None Ron Phi11ips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Cl erk MEMBERS ABSENT: TOWN OFFICIALS PRESENT: The first order of business was an update by the Colorado Departnent of Health on the Eagle Mine C1 ean-up. Dick Parchini, the on-site fjeld officer of the Department of Health overseeing the construction on the mine, discussed the health and environmental monitoring issues of the clean-up. After some djscussjon with Council, it was decided he would give another update at the July 11 Evening Meeting. The next item was a consent agenda of the following items: 1. Ordinance No. 11, Seli es of 1989, second reading, an ordinance adding recreational amenities tax rates for new zone districts which have been formed since the original ordinance was written. 2. Ordinance No. 12, Serjes of 1989, second reading, an ordinance repealing and reenacting Ordinance No.40, Series of 1988, to provide changes to Area D (Glen Lyon Office Property) requirements that concern the condition of undergrounding utilities; a new location for the bus stop; a deceleration lane on the South Frontage Road; a minor subdivision; and stairwell addition; and setting forth details in regard thereto. Mayor Rose read the full titles of the ordinances. Kristan Pritz stated Holy Cross Electric was stil1 working on a letter regarding undergrounding the utilitiel , and once it was recejved, she would discuss it with Council at a Work Sessjon. Merv Lapin made a motion to approve the consent agenda items, and Tom Steinberg seconded. A vote was taken and the motion passed unanimously 7-0. The third item was 0rdinance No. 13, Senies of 1989, second reading, an ordinance establishing the Booth FalIs Local Improvement District. The full title was read by Mayor Rose. Larry Eskwith stated there was a problem, as there was a neh, engineer at Banner Associates, and he gave a different and higher estimate on the cost. Stan Benryman commented the item was going before the Design Review Board tomorrow, and depending on their requirenents, the project could cost up to $50,000 more. Stan stated the pnoblems with the district were: 1) the Booth Falls Townhome Association representatives were present and wanted to,be included in the d'i stri ct; this would require the work to go 500 more feet and would involve Forest Service requirements. and 2) that portion would have to be engineered and a cost estimate nade. Mayor Rose sajd he would rather table the item, staff could put it out to bid, see if the price would be acceptable to the property owners, and go forward from there. Jack Acuff cornmented he was disappointed to have come so far and the engineers make so '| arge a mistake; he wants to go forward with the original amount quoted. Larry remarked the Town used the eng'ineer recommended by the neighborhood, and what Jack wants would take longer unless the Town was willing to pick up the slack. There was some discussion by Council about why it had to go to the Design Review Board, and when the'item would cone back for the public hearing and second reading. Jerry Gravin of the Eooth Falls Townhomes gave an explanation why the 1.8 townhone units a MINUTES VAIL TOhIN COUNCIL MEETING JUNE 20, 1989 7:30 P. M. A regular meeting of the Vail Town Council was held on Tuesday, June 20, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Bui'l ding. wanted to be jncluded in the mitigation. Gail Wahrlich-Lowenthal asked why they were not here earlier, and can the project be phased? Stan rep'l jed a second district could be formed. Susan Fritch gave some background information on what had happened up to this point and how they were very interested in forming a d'i strict. Stan responded. Jack Acuff stated he would like the Booth Falls Townhomes to be included. Larry felt it would be best to table this item untjl the July 18 Evening Meet'i ng. Merv Lapin made a motion to table the ordinance until July 18, 1989, which John Slevin seconded. At this time, Eric Affeldt cormented that at the July 18 meeting, the Townhomes would not be included, and he encouraged the group to start . their own process. Larry remarked he would help all he could. Ron Phillips stated yes, but the Town would take over the administratjon of the special development distri cts and notification of al'l property owners, so to take the burden off the property owners. Jeann'i ne HalIenbeck initjated some discussion with Council over the upcoming process. It was clari fied that staff would use the new cost estimate,put.it out to bid, and notify the property owners; also, they would work with the engineer on substantiating the cost. A vote was taken and the motion passed unaninrously 7-0. The next order of business was Ordinance No. 17, Series of 1989, first reading, concerning the issuance of local improvement bonds for the Booth Creek Local Improvement District. Mayor Rose read the full title. A motion to approve the ordinance and schedule second reading for the July 18 Evening Meeting was made.by Merv Lapin, and seconded by Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. Eric Affeldt commented he would support the motion, but was unconfortab'l e wi th approvi ng bl ank f .i gures. The.next agenda item was Ordinance No. 14, Series of 1989, first reading, an ord'i nance making supplemental appropriations from the Town of Vai'l general fund,cap]ta] projects fund, real estate transfer tax fund, and VaiI marketing fund of the 1989 budget and financial p1an, and authorizing the expenditures of such appropriations. The ful'l tjt'l e was read by Mayor Rose. Steve Barwick stated the ordinance had been reviewed at the Work Session that afternoon, and that most were roll forwards for projects from 1988, $200,000 in the general fund was for the parking structure, and that this money was not to be spent, but by law had to be shown as an expenditure. He noted $150,000 was for the sLreamr,valk, and $414,000 was for street improvements.. There was much discussion by Council regard'ing'street improvements; costs, and the parking structure. Mike cacioppo made a motion to approve the ordinance with amendments to eliminate $150,000 for the strearualk, and eliminate $1,500 for an acoustic wall in the Library. There was no second, and the motion failed. Eric Affeldt made a motion to approve the ordinance with the exclusjon of $150,000 for the streamwalk, so the total would be $3,093,991. Gail Wahrlich-Lowenthal seconded. Ron Phillips stated he would'l ike some oi the $150,000 to stay in for design costs. There was much discussion by Council, Ron, and peter Patten regarding the streamralk money. Tom Steinberg opposed the iemoval of the $150,000 for the streamwalk. At this time, Eric modified hjs motion to leave an anount not to exceed $10,000 for preliminary studies of the streamvalk, which Gail seconded. Mike Cacioppo stated he did not feel it was necessary to proceed with the study and spend the $10,000. A vote was taken and the motion passed 5-2, with Mike Cacioppo and Tom Steinberg opposing. The sixth item was 0rdjnance No. 16, Series of 1989, first reading, an ordinance vacating a portion of a cul-de-sac in Intermountain, adjacent to Lot 1, Block 1,Intermountain Subdivisjon. Mayor Rose read the full title of the ordinance. Rick Pylman reviewed the drawings of the cul-de-sac and property 1ines. He then revjewed the plans and reasons why staff reconmended approva'l . Merv Lapin made a motion to approve the ordinance, which was seconded by John Slevin. There was then some d'i scussion by Council regarding the cost. A vote was taken and the motion passed unanimous'ly 7-0. The next order of business was an appeal of the Design Review Board decision to approve changes to design details for the Chester res'idence located on Lot 19, 81 ock 1, Vail Village First Filing. The appeal was made by I,{. Grant llillianrs (adjacent property owner). Mayor Rose noted the process was to djscuss precisely whal was presented to the Design Review Board and nothing more. Item four of tire Stutz, Dyer & Miller letter was the only item to be djscussid. Larry Eskwith agreed, stating Stutz was deal'i ng with the three other issues in District Court. t<iistan pritz and Jay Peterson reviewed the p'l an approved by the DRB and compared them to the new plans. Greg Stutz remarked the problem was with the design change of the roof, and gave details. There was much discussion by Jay and Greg iegarding problens wiih the roof line. There was then sone discussion by Councit anO slatt regirding the -2- Planning and Environmental Commissjon's and Oesign Review Board's charges. A motionto uphold the DRB decisjon regarding changes on the Chester resjdence was made by Merv Lapin and seconded by John Slevin. A vote was taken and the motion passed 6-1, with Mike Cac'ioppo opposing. The next item was certification of election judges for the July 11, 1989 special e1 ection. Pam Brandmeyer remarked Kay Chaney, Lee Bennett, and Joan Norris were the proposed election judges. Merv Lapin made a motion to approve the appointnent of these election judges, which John S'l evin seconded. A vote was taken and the motion passed unanimously 7-0. Under Citizen Participation, Gordon Pierce stated over the last 30 years, he never worked on a project that did not have changes. He wanted to apologize; things used to be "loose" and the staff has been working hard to tighten things up. He feels things are back in the right direction now. He stated he was not trying to get away with anything, and will work hard with staff so things like this do not happen. John Cogswell discussed the subject of public art, and encouraged Council to support public art. Krjstan Pritz noted she was working on an ordinance now. Merv Lapin guestioned where things stood on point of sa] e sales tax. Ron Phillips responded he would check on it. Tom Steinberg questioned how the Donovan Park reseed'ing project was going. Kristan Pritz replied the Vail Valley Foundation was supposed to get back to her regarding this; she was just waiting on their ca] 'l . Tom also had a question regarding the snow dump 'l and. Mike Cacioppo stated he remarked at the Work Session today the additional sales tax revenues. He asked business owners to go and ask for the business license fee ordinance to be rescinded. discussion by Council regarding the pros and cons of this. John Cogswell noted he was glad to see the marketing going on, about Front Range marketing. Town had $550,000 before the Counci'l There was some but was concerned There being no further business, the m6et'ing was adjourned at 11:25 p.m. Respectful 1y submitted, ATTEST: Minutes taken by Brenda Chesman -3- MINUTES VAIL TO}JN COUNCIL MEETING JUNE 6, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 6, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT:Eric Affeldt, Acting Mayor Michael Cacjoppo Merv Lapin Gai I Wahrl i ch-Lowenthal Tom Steinberg Kent Rose, Mayor John Slevin, Mayor Pro Tem Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pan Brandmeyer, Town Clerk MEMBERS ABSENT: TOI.IN OFFICIALS PRESENT: Gail Wahr'l ich-Lowenthal was not present at the time the meeting began. The first item on the agenda was the approval of minutes of the May 2 and 16, 1989 meetings. There was no discussjon by Council or the public. Tom Steinberg made a motion to approve the minutes, and M'i ke Cacioppo seconded. A vote was taken anc the motion passed unanimously 4-0. The next order of business was Ordinance No. 11, Series of 1989, first reading, an ordinance adding recreational amenities tax rates fon new zone districts which-have been added since the origina'l ordinance was written. Acting Mayor Affeldt read the title in full. Larry Eskwith explained the reasoning for the oidinance. Mike Mo] Iica noted the first five zone districts shown'on the.ordinance were the new additjons. He then answered questions of Council. Tom Steinberg made a motion to approve the ordinance, and Merv Lapin seconded. A vote was taken and the motion passed unanimously 4-0. The third item was Ordinance No. 12, Series of 1989, first reading, an ordinance repealing and reenacting Ordinance No.40, series of 1988, to provide changes to Area D (Glen Lyon Office Property) requirements that concern the condjtion of undergrounding utilities; a new location for the bus stop; a deceleration lane on the South Frontage Road; a minor subdivision; and stairwell addit'i on. The full title was read by Acting Mayor Affeldt. Kristan Pritz explained details of the minor subdivision. She stated staff recornmended approval'with five conditions: 1. The developnent of parcels A, B, C, and D shall be limited to the SDD 4 Deve'l opment Plan and governed by the sDD 4 Ordjnance as approved by the Town of Vail and on fil e wjth the Department of Community Development or ai amended and lpproved by the Community Development Department, Planning and Environmental Commission, and,/or the Vail Town Council. 2. The ninor subdivision plat shall include a statement that development of the four parce'l s shal'l be governed by the approved SDD 4 Development Plan ior Anea D and Ordinance 40. 3. The Cormunity Development Department and Town of Vail Attorney shall have the right to review and require changes'i n any "Agreements of tenants iir cormon", "conveyance of Easement and Party llla1 1 Agreementsi, and any other easement or ownership agreements related to the development of parcels A, B, c, and D to ensure that the four parcels are developed per the approved developmen[ pian and SDD 4 Ordi nance. 4. Any modification or amendments to the minor subdivision conditions of approval agreenent shall be reviewed as a major amendment under the procedures outlined in Sectjon 18.40 of the Town of Vail zoning code. 5. The applicant shall be responsible for preparing the wording of these agreements for review by the Plann'i ng staff and Town Attorney. The specific 1ega1 wording must be submitted before the minor subdjvision js recorded wjth the County. The Town of Vail shall record the minor subdivision p1at, however, it will be the responsibility of the developer to cover any fees for recording the plat. Kristan stated the PEC approved the plan by a vote of 4-1, with Jim Viele abstaining. She then reviewed the five SDD amendments. She conmented the undergrounding of the utiljties seemed to have been worked out; Holy Cross reviewed the plans again and decided it was possible to underground from the east end of Cascade Village to the east end of the Glen Lyon property. Ted Huskey of.Holy Cross confirmed her remarks. Krjstan next discussed the bus stop. The plans had changed so it would be located in front of the brewery instead of being farther west. Public Works was looking into the design and p1ans, and Andy Norris would be taking responsibility for snow removal, as we1 I as overall majntenance of the bus lane. She then briefly reviewed the deceleration lane and stairwell. Kristan discussed the SDD design review criterja used. Kristan and Andy Norris answered questions of Council. Afterward, Kristan noted the staff recommendatjon was for approval of the SDD amendments with one condition: The developer sha] I agree to construct the bus lane per Town of Vail standards in the area of the porte cochere. The specific design for the bus lane shall be mutually agreed to by the Area D owner and/or the developer, Colorado Divisjon of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of the building penmit and prior to the jssuance of a temporary certificate of occupancy for e'ither the brewery addition, office expansion, east office building, or parking structure. She added the following wording to Section 18.46.21.0 013: The developer and/or owner(s) of Area D shal 1 be responsible for maintaining the new bus lane, includ'i ng snow removal . If the bus lane is not maintained properly or snow removal is not adequate, the Town will not prov'ide bus service to the site. Kristan next reviewed the ordinance and noted where the changes had been made in jt, and answered questions of Council. She stated she and Andy Norri s would work on the wording in the ordinance regarding the undergrounding of utilities; they would go to the five property ov'rners affected by the undergrounding, ask for their participation, informing them of the cost; a1so, she would find out the cost of undergrounding Donovan Park for Council's informat'i on. Tom Steinberg made a motion to approve the ordinance with the minor changes to be-made by s€cond reading; Mike Cac:i oppo seconded. A vote was taken and the motion passed unanimously 4-0. The next order of business was Ordinance No. 13, Series of 1989, first reading, an ord'inance establishing the Booth Falls Local Improvement Djstrict. Acting Mayor Affeldt read the full tit'l e of the ordinance. Larry Eskwith ca1 led Stan Berryman, Director of Public Works/Transportation as his first witness. Stan was sworn in by Pam Brandmeyer. Stan testified the ordinance was for the formation of a Special Improvement District for Booth Fal 1s, and showed Council a map of the area identifying the 26 property owners. He testified the district was being formed to instalI a rockfalI mitigation device in the Booth FalIs neighborhood, and that all properties on the map were'l ocated in a high hazard zone area. He testified notices of the pubfic hearing had been mailed out May 23, 1989 to all of the property owners. Stan then reviewed the map and plans with the Council. He test'i fied the total cost of the District would be $335,000 for the property ohrners, and the Town of Vail would be donating $20,000 toward engineering costs. He then reviewed the formula used to assess each property owner's share. Larry had his next witness, Ron Phi1lips, Town Manager, sworn. Ron testified he had received four written protests and two letters in favor of the District. Larry's final witness, Gerald l,Ji11iams, a registered civil engineer, was sworn. Gerald testified he had been hired to study the rockfal'l mitigation and draw up plans so the hazard would be reduced. Art Kleimer stated he was representing the four owners of his lot who had filed a protest, and explajned why they were against the djstrict. Gail Wahr'l ich-Lowenthal arrived at this time. Jeannine Hal'lenbeck reviewed the chronological events over the last two years. She stated she was trying to address Art's concerns and explained why she just wanted to get the job done. Mr. Pat Baker commented the process had been ongoing for a long time; he owns property on both streets and wanted both places protected; the area's been shown as being hazardous, and he wants to mitigate it, carol Acuff noted Jack Acuff could not attend, but he had written a letter to Ron Ph'i llips (which had been copied and distributed to Council). She explained it was untrue that one area was more hazardous than the other, and asked Nick Lampiris to address comments made by Art K'leimer. She then referred to the letterin support of the -?- district, and the two major considerations were 1) life/safety, and 2) removal of the properties from the current hazard designation. Ned Gwathmey remarked he was in favor of the distri ct formation, but objected to the apportionment methods. Stan Berrynan responded it was difficult to arrive at a formula that was fair to everyone. Nick Lampiris addressed the risk factor, and that he could not assign varlring rjsks; the risk factor was fairly equal . Joe Tonnahill agreed the mitigation needed to be done, but did not feel his property was in danger, though he would have to pay. Ray Story then addressed the Council. He stated all the properties were jn a h'igh hazard area; the map Art Kl eimer referred to earlier was a preliminary map only and not a finished one. Since then engineering studies and final maps had been done. The engineer to1 d them mitigation for the Booth Falls Court street would be higher than for Katsos Ranch Road because the Booth Falls Court area would require fill. He suggested they all do it together because the risk was unknown; he might benefit from a neighbor taking the brunt of the risk, but he would help economically because the neighbor benefits him. He stated Counci] agreed to only get involved for two things - if it was a life/safety issue, and not a money issue; and if the engineer would certify the rockfall hazard mitigation so the area cou] d be taken out of the high hazard zone. He did not v{ant to wait for an injury; he wanted to proceed. Byron Rose, a member of the Board of Directors of the Mountain School , stated they were very much in favor of the district. Art Kleimer asked that the Town cover the open space areas, to which Acting Mayor Affeldt responded the Town had designated $20,000. Larry Eskwith gave a legal opinion regarding the district formation. Ella Knox supported the district. Jeannine Hallenbeck felt since only four out of 26 were negative about the assessment, the Council should go forward with the ordinance. Canol Acuff remarked she had been appointed secretary for the mai'l ings to the owners, and notices of all meetings went to all 26 property owners. Joe Tonnahi'l 'l felt he was be'ing assessed twice, but would wjthdraw his protest if the assessment was refigured. After some discussion by Council, Mike Cacioppo made a motion to approve the ordinance, and Tom Steinberg seconded. Acting Mayor Affeldt fe] t since there were so few protests and Nick Lampiris stated alI were at equal risk, he felt comfortable approving the district. A vote was taken and the motion passed unanimously 5-0. The fifth order of business was Resolution No. 24, Senies of 1989, a reso'l ution creating a temporary Town of Vail Marketing Advisory Board. Larny Eskwith briefly explained why the resolution was drawn up, and noted a correction on 3.A., changing the wording to read "three members appointed by the Vail Town Council". Mike Cacioppo corrnented the composition of the committee was unfair to only have three appointees from the Town of Vai'l because of the amount of money Vail is providing. Gail l'lahrlich-Lowentha'l remarked she did not disagree with Mike, but supported the spiri t of cooperation that was so important to this marketing effort and it was hea1 thier. Merv Lapin also stated the Vail Associates members probably live in Vail, and if problems did arise, Vail could withdraw some support in the future. Mike disagreed and sti]'l felt jt was unfair. Tom Steinberg did not fee'l 'it was inequitable because Vail would receive the most from the'marketing efforts.Gail tlahrl ich-Lowenthal made a motion to.approve the resolution, and Torn Steinberg seconded. A vote was taken and the motion passed 4-1, with Mike Cacioppo opposing. The next item was Resolution No. 25, Series of 1989, a resolution setting the date for a special election to submit the question of the Town's participation in the Eagle County Television Translator Distri ct. Larry Eskwith said this reso] ution was drawn up just in case the council wanted to set a date for the election.Acting Mayor Affeldt explained he was now comfortable bringing the issue to a vote of Town residents. After some discussion, Tom Steinberg corminted he wanted to wait to set a date unti'l after Council's rneeting with Heritage next Tuesday. After more discussion by Council, Mike Cacioppo made a motion to approve the resolution.GaiI lJahrlich-Lowenthal seconded the motion. Acting Mayor Affeldt agreed with Tom that the Council cou'l d wait, but fe1 t it ryas not the large issue some thought, and therefore was comfortab'le with letting it go to a vote. Mike cacioppo aaa-d he wanted the commun'ity to have the opportunity to dec'i de. A vote was taken and the motion passed 4-1, with Tom Steinberg opposing. Item seven on the agenda was an appeal of the P1 anning and Envjronmental Comnission decision on new tennis courts and tennis pro shop. Mike Mollica stated Counci'l called this jssue up for revjew due to concerns over the sidewa'l k on the north side of the courts, the proposed Town of vail bus stop layout, and the paving of the parking |ot. He then reviewed the p1ans, and the PEC conditions for approval: -3- o 1. That spotlights be installed on the 2. That the exjstjng path south of the parking lot and be paved. eaves of the proposed bu'i 1ding. tennis courts be extended to the 3. That conduit necessary for permanent 1ighting be insta'l 'l ed at the tjme of constructi on. 4. That the parking lot be paved per previous approval . 5. That a sidewalk be provided on the north s'ide of the tennis courts. He noted the reason the VMRD was not proceeding with all four tennis courts was the prohib'itive cost at this point in time. He stated staff recomrnended approval to the PEC because they felt the plans were in confonmance with the Master Plan and zoning on the property. There was some discussion regarding the sidewalk on the north side of the tennis courts. Tom Steinberg suggested eliminating the paved section and the sidewalk for at least a year. Ron Phillips also noted that as long as this area was being used as a snow dump, it would be betteri f it remained unpaved. Tom Steinberg made a motion approving the project with a ho1 d on the requirement of providing the sidewalk on the north side of the courts and paving of the parking lot until a final decision has been made on the construction of the last two tennis courts. Merv Lapin seconded. A vote was taken and the motion passed unanimously 5-0. There was no Citizen Particjpation. At this time, Ron Phillips asked Council to address the issue of the July 4th Work Session and Evening Meeting scheduled. Since that Tuesday would be a lega1 ho1 iday, he suggested they cancel the t{ork Session and postpone the Evening l'|eeting until the next day or the following Tuesday, July 11. Tom Ste'i nberg made a motion to hold the Evening Meeting the following Tuesday, July 11, which Merv Lapin seconded. A vote was taken and the motion passed unanimously 5-0. Acting Mayor Affeldt noted that at the l.Jork Sess'i on that afternoon Council approved a supplemental approprjation to the road construct'i on funds. He stated a friend from out.of town had conmented to him how surprised he was to find how well things worked here and how wel 1 things were taken care of. Erjc felt this was refreshing point of view; somebody notices. Tom Steinberg asked why there was only a co] orado f1 ag and no u.S. flag on the Information Booth f'l agpole, to which Stan Berrynan responded they were wait'i ng on a larger f1 ag and lights before putting it up. Mike Cacioppo remarked he was opposed to increasing the street funds because he felt the business tax should be repealed and sales tax revenue used for marketing instead of adding to the street funds. There being no funther business, the meeting was adjourned at 10:00 p.m. Respectful 1y submitted, ATTEST: ili nutes taken by Brenda Chesman -4- STATE OF COIPRADO COUNTY OF EAGI.E TOWN OF VAIL ss. the Town Council were present: Kent R. Rose John C. Slevin Eric Affeldt 'llenr Lapin GaiI Wahrlich_Lowenthal Michael Cacioppo Thonas Steinberg The following nernbers of the Town Council were absent:. ht,,wl-1LL ) ) ) ) ) 'phe Town Council of the Town of Vail, Colorado, net in regtrlar session in furl confomity with the Town charter and the applicable laws, rrrres and regurations of the Town, at the vail Municipal Building, Vail, Colorado, the regi.:.,:x. neeting place thereof, on Tuesday, the l8th day of July, 1989, at, the hour of 7: 30 p.n. The followJ.ng nenbers of Mayor: Uayor Pro Tem: Councilmernbers: The following persons were Town Manager: Tolrn Attorney: Town Clerk: Director of Adnini- strative Serrrices: Thereupon the following also present: _ Rondall V. phillips Lawrence A. Eskwith Panela A. Brandneyer Charles Wick proceedingls, anong others, lrere had and taken: Councl.l Menber introduced and noved the approvar on first reading of the folrowing ordinance, whieh was then read by titre, sufficlent copies of the fult ordinance having previousry been nade avairabre to the Town councir and to the public: |-.\ I to cone before After Council , the conslderation of othir business neeting was adjourned. (TO!{N sEAL) -29- ORDTNANCE NO. 20 Series of 1989 Al{ ORDINAI.TCE CONCERNING TI|E fSSUAI{CE OF I0CAL IMPROVE!,TENT BONDS OF ITIE TOT{N OF VAIL,COI.oR,.ADO FOR THE BOOTH CREEK IFCAL I!{PROVE!,TENT DISTR.ICI, RATTFYING AqITON ITEREToFoRE TAKEN IN coNNEqTIoN THEREI{ITH i PRESCRIBING DETAU,S IN CONNE TTON I|ITH SAID BONDS AI{D DISIRIqT, PRESCRIBING DINTES OF CERTAIN TOWN OFFICIAI.S IN CONNEETTON THEREWIITI' REPEALING ALIJ ORDINAI{CES AIID OTHER ASTION OF THE TOWN TO THE EXIENT INCONSTSTENT IIEREI|ITII' AI.ID PROVTDING OTHER MATTERS REIATING THERETO. I{HEREAS, the Town of vair (the 'Town'), in the county of Eagle and state of colorado, is a uunicipal corporation duly organized and existing as a hone-nrle town under Articte xX of the state constitution and the charter of the Town (the 'Cbarter-); and I{HEREAS, pursuant to the charter and the Town,s code of ordinances (the 'Vail code'), the Town council (the 'council')has by ordinance created within the corporate linits of the Town a local Lmprovenent district known and designated as the Town of Va5-l , colorado Booth creek Local ruprovement District (the 'District'), for the purpose of naking certain rocar and special i'nprovements to nitigate rockfarr danage (the 'rnprovementso),and has determined to assess a portion of thE cost thereof to the parcels of property in the District specially benefited thereby, and I{HEREAS, the Town has dury advertised for bids for such rmproveuents based on estimates provided to the council and has entered into a construction contract for the constriuctLon and installation of the Inprovementsi and !|HERE.AS, ln recognition conferred by the Inprovernents, the contribute $20,ooo froD funds of tlre of the general benefits Council has deter.nined to Town to the total estinated 't\ -1- i\ cost of constructing and installing the rnprovements, has determined to assess the renaininE costs against parcels of property in the District (the ,assessDents') in an aggregate aDount not to exceed S386,756 (except as othernrise permitted by the charter and the vail code) in recognltion of speciar benefits conferred on owners of parcels of property in the District, and has detenined that locar inprovement bonds of the Town shatl be issued payable fron such assessnents. 8E IT ORDAINED BY THE TO!{N COT'NCIL OF THE TO!{N OF VATL, COI€RADO: Section 1. IEsuance of Bonds Authorized. The Town and lts officers have detenined and do hereby deternine that it is nesessar:r and for the best interest of the To!,rn and the inhabitants thereof that, pursuant to the charter and the vail code, the Town issue and sell bonds of the Town of vail , colorado Booth creek Local rnprovement District in the aggregate principat anount of 5365,00o (t-he rbonds,) at a price of g 365,000 plus accrrred interest, for the puqpose of paying the costs of constructing and othenrise acqr:iring the rmprovements and all proper incidental expenses (including, without linitation,capitalized interest on the bonds). accept the the bonds Section 2. Sale of Bonds. The Town offer of FirstBank of Vait for a irrice of S :e s,ooo plus has determined to purchase all accrued interest. are the the The Town and eonpleted purpose of paying proper incidental of the Town bonds Local Inprovenent to of Section 3.Approval of Estirnates. The bonds herein authorlzed to be, .and they shall be, issued based upon contract price for the rnprovenents and upon esti.nates of Town Manager' arr of which hereby are approved by the councir. Section 4. . covenants that the Inprovenents will be constructed with due dlligence and ln a tinely manner. Section 5. Bond Details. For the the costs of the inproveuents, including all expenses, there shall be issued in the nane designated 'Town of Vail, colorado Booth Creek -2- Distrlct' Locar rnproveuent Bonds, series l9g9r' in the agEregate principar rrnount of s365,ooo. The bonds shall be issuable in fully reglstered for:rn (1.e., registered as to palment of both principal and interest) payable to the registered owner thereof, in the denouLnation of S5,OOO each, shall be dated as of AuEust 15, 1989, sharr be nunbered consecutively in regular nunerical order frou 1 through 73, inclusive, sharl Eature on April 1, 1999, and shalr bear interest fron the date of the bonds until maturity (unless redeemed prior to naturity) at the lnterest rates herein set forth. The forlowlng n'nbered bonds in the aggregate principal anounts l-ndicated sharr bear interest at the fotrowing rates per annuD: Bonds Nunbered (fnclusive)Aggregate Principal Anount s35,000 25, O0O 25, 000 30,000 35, Ooo 35, OOO 40r 0oo 45, OOO 45, 0OO 50, OO0 1to7 8to12 13 to 17 18 to 23 24 to 3O 31 to 37 38 to 45 46 to 54 55 to 63 64 to 73 fnterest Rates 9.st 9.5C 9.5t 9.5s 9.5r 9.5r 9.5S 9.5t 9.5C 9.5r Bonds which are reissued upon transfer or other repracement shall bear interest from the nost recent interest palment date to which interest has been paid or dury provided for or, if no interest has been paid, from the date of the bonds, such interest being payable to the registered owners of the bonds on Aprir 1, r99o' and semJ.annuarry thereafter on Aprit 1 and october 1 of each year. The prlncipal of the bonds is payable to the registered owner thereof as shown on the reglstration books of the Tohtn kept by Central Bank D"ry.ftn Denver , Colorado,or lts successor (the 'registrar'), upon presentation and surrender at the office of centrar Bank Denvpr in Denver , -3- Colorado, or lts Euccearor (the 'paying agentr) . If, upon presentation of any bond at naturity, paynent ls not nade as therein provided, interest thereon shall continue at the same rate per annuD previously borne by the bond, until the principal thereof is paid in full. Palment of interest on any bond sharl be nade to the registered owner thereof by check or draft naited by the paying agent on or before each interest ;lalment date (or, if such interest palment date is not a business day, on or before the next succeeding business day), to the registered owner thereof at his address as shown on the registration books kept by the registrar at the close of business on the fifteenth day (whether or not a business day) of the calendar rnonth preceding the interest palment date; but any such interest not so tinely paid shall cease to be payable to the person who ls the registered owner thereof at the close of business on such day and sharl be payable to the person who is the registered or.rner thereof at the crose of business on a special record date for the palnnent of any such defaulted interest. such speciar record date sharr be fixed by the registrar whenever moneys becorne available for payment of the defauJ-ted interest, and notice of the speciar record date shalL be given to the registered owners of the bonds not less than ten days prior thereto by first-cIass nair to each such registered orrner as shown on the registration books on a date selected by the registrar, stati-ng the, date of the speciar record date and the date flxed for the papnent of such defaurted interest.' The paying agent may nake paynents of interest by such arternati.ve Eeans as Day be, uutually agreed to between the owner of any bond and the paying agent. All such palrments shall be rnade in rawful noney of the united states of Anerica without deductlon for the ser:rrices of the paying agent or registrar. section 6. prior Redernption. Arl of the bonds shar.t be subJect to redenption prior to naturity at the option of the Town in regurar numerical order on any bond interest palment date, at a price equal to thc principal arnount thereof prus {- I accrued I'ntereet to the redeuption date. tfhenever there are available noneys (other than anounts deposited therein as accrued and capitarized interest) in the 'Town of vail , colorado Booth creek rocal rnprovenent District, 1989 Bond RetLrenent Fundr (the tBond Fund') which is hereby created, in excess of the anount required to pay interest on the bonds then outstanding on the next lnterest palment date, the To*n shalr exercise its option to redeeu on the next practicabre interest palment date a suitabre nurnber of bonds outstandinE. Nothing herein shalr preerude the Town fron refunding all or a portion of the bonds or fron exercising its right to redeen bonds prior to naturity fron any avairable source of funds. Notice of prior redenption shall be given by the paying agent in the nam€ of the Town by sending a copy thereof by cert'ified or registered first crass mail , postage prepaid, to the registered owner of each bond designated for redenrption at his address as it appears on the registration books as of the close of business on the day preceding the nailing of such notice.sueh notice shall specify the nunber or nunbers of the bonds to be so redeerned and the date fixed for redenption, and sharl further state that on such date there wl]l be due and payabre upon each bond so to be redeened at the office of the paying agent the_princrpal auount thereof ptus accrued interest to the redenption date, and that from and after such date interest shalr ceaae to accrue- Notice having been given in the manner hereinabove provided, the bond or bonds so car.red shar_l beeone due and payabre on the date so designated, and upon presentatlon thereof at the payr-nE agent, the town witl pay the bond or bonds so carred. Failure to give notice by nairing or any defect in such notice shall not affect the varidity of the proceedings for the redenption of any other bonds. Any notlce naired as herein provided sharr be concrusivery presuned to have been given,whether or not received. Any bonds redeened prior to naturity shall be cancelled by the paying Agent. -5- Section ?.Reqistration and Transfer. The Town shall cause to be kept at the principar office of the registrar books for the registration and transfer of bonds. upon Eurrencrer for transfer of any bond at the principal office of the registrar,fulry endorsed for transfer or acconpanied by an assignnent dury executed by the registered owner or hls attor-lrey duly authorized - ln writing, the registrar sharr authenticate and deriver in the nane of the transferee a new bond bearing the same nunber as the bond being surrendered. Alr bonds issued upon any transfer shar_r be the val'id obtigations of the Town evidencingr the same obrigation rnd entitred to the sane security and benefits under this ordinance as the bonds surrendered upon such transfer. The registrar shal,I require the paynent by the owner of any bond requestlng transfer of any tax or otrrer governmentar charge required to be paid with respect to such transfer, and the registrar nay further inpose a reasonabre serrrice charge for any transfer of bonds. The registrar shall. not be reguired to transfer any bond duri'ng a period beginning at the opening of business 15 days before the day of nairing by the registrar of a notice of prior redernption of bonds and ending at the crose of business on the day of such roailing, nor, with respect to a particurar bond after the publication or the rnailing of notice carling such bond for prior redenption. As to any bond, whether or not such bond be overdue,the person in whose nane the sane shall be registered shall be deened and regarded as the absolute owner thereof for the purpose of naking palments thereof and for alr other purposes (except to the extent othenrise provided in section 5 hereof) and neither the Toun, the registrar, the paying agent nor any other agent of the Tolrn sha1l be affected by any notice to the contrary. Except as other:wise provided in Section 5 hereof, palment of either principar or interest on any bond shall be uade onry to or upon the rrritten order of the registered owner thereof or his legal representative, but such reEistration nay be changed as -5- hereinabove provided.Atl euch palments shall be valid and upon such bond effectual to satisfy and discharge the liability to the extent of the su! or suns paid. If any bond shall be lost, stolen, destroyed or autilated, the registrar sharr, upon receipt of such evidence,I'nforaation or indennity reratinE thereto as it or the Toqrn Eay reasonably require, and upon palznent of all expenses in connection therewith authenticate and deliver a replacement bond bearing the sa'e nuraber as the rost, stolen, arestroyed or nutilated bond. ff such lost, stolen, destroyed or nutilated bond sharl have natured or shalr have been carled for redernption,the registrar nay direct that such bond be paid by the paying agent in lieu of replacement. All bonds surrendered for redemptlon, palaaent or transfer, if surrendered to the paying agent, sharr be cancerlecl by the paying agent, and, if surrendered to any person other than the paying agent, shall be delivered to the paying agent for canceLlation. section 8. Neqotiabilitv. subject to the registration provisions of this ordinance, the bonds shalr be furry negotlabre and sharl have arl the g.arities of negotiable paper, subject to the registration and paynent provisions stated herein, and the otrner or owrlers thereof sharl possess arr rights enjoyed by hoLders of ,negotiable instruments under the provisions of the 'Unifom Cqnnercial Code - fnvestnent Securities.. Section 9. . The bonds shar'r be executed rn the nane of the Town with the facsinile signature of the ltayor, sharr bear the facsinile sear of the To\rrn, shalr be attested by the facsinire signature of the Town crerk, and sharl be authenticated by the nanual signature of a dury authorized officer of the registrar. The bonds bearing the signatures of the officers in office at the time of the authorization thereof shalr be the valid and binding obrigations of the Town (subject to the requirenent of authentication by the registrar) ' notwithstanding that any or arr of the persons whose o signatures appear thereon sha]l have ceased to fill their respective offices. p'rsuant to the unlfolT Facsi'ile signature of Rrbrlc officials Act, part 1 0f articr.e 55 0f titre 11,colorado Revised statirtes, the Mayor and Town crerk shall prior to delivery of the bonds file with the secreta4r of State of cororado their nanuar signatures certified by them under oath.No bond shall. be valld, or obligatory for any purpose unLess the certiflcate of authentication, s'.bstantlally in the fom hereinbelow provided, has been duly executed by the registrar- The registrar,s certificate of authenticatlon sha]r be deerned to have been executed by it if Danuarry signed by an authorized officer or enpl0yee of the registrar, but it sharr not be necessar]r that the sane officer or enproyee sign the certificate of authentication on arl 0f the bonds issued hereunder. By autbentlcating any of the bonds derivered pursuant to this ordinance, the registrar sharl be deened to have assented,to all of the provisions of this ordinance section 10. pavnent of Bonds. The bonds authorized by this ordinance and the interest thereon sharr be payabre (except as provided in sectlon 11 hereof) solery fron moneys in the Bond Fund, consisting only of moneys collected (principal , interest and penalties, if any) frorn the assessments to be revied to pay for the rmprovements (except to the extent that such moneys are payable'to the Town as a reirnbursement pursuant, to section 11 hereof);;rrovided that any proceeds from the sare of the bonds,other than such proceeds deposited in the Bond Funal to be used to pay interest on the bonds, renaining after the paynrent of alL the costs and expenses of naking the rnprovenents shalr be deposited in the Bond Fund and used for bond redenptlon. Any assessments in the Bond Fund renaining after the bonds, both principal and interest, are paid in full (and after any reirnbursenent due the Town) ' sharr to the extent required by the charter be deposited ln the Town's surplus and deficiency fund created pursuant to section 10.8 0f the charter. rmnediately upon the correction of any assessments (includlng interest and any penarties thereon), -8- the noneys therefron ehaLr be deposited in the Bond Fund (except to the extent that such noneys are payable to the Town as a reinburseroent pursuant to section 11 hereof), and said fund is and will continue to be irrevocably and excrusively pledged for the palment of the prlncipal of and the interest on the bonds. Section 11. of Bonds and Reinbursenent. Rrrsuant to section 10.8 0f the charter, whenever there is a deficiency in the Bond Fund to nake the palment of principal and interest on the outstanding bonds when due, such deficiency shatl be paid out of the Townrs surp].us and deficiency fund created pursuant to section 10.8 of the charter- Further, whenever three-fourths of the bonds have been paid and cancerled and for any reason the renaining assessnents are not paid in tine to take up the renaining bonds and the interest due thereon, and there is not sufficient noney in the Town's surlrrus and defieiency fund, then the Totn shalr pay the bonds 'rhen due and interest thereon, and reinburse itserf by collecting the unpaid assess'ents due the District. section 12. Bonds Not a Debt of Town. The bonds sharr not be a debt of the Tohrn, and the. Town sharr not be riabre thereon, nor sharr it thereby pledge its fulr faith and credit for their payment, nor shall the bonds be payabre out of any funds other than tbe special assessments and other noneys predged to the palment thereof, as herein provided. The paynnent of bonds is not secured by an encumbrance, nortgage or other predge of property of the Tonn except for such speciar assessments. No property of the Town, subject to said exception, sharl be riable to be forfeited or taken in palment of the bonds.Section 13. For:n of Bonds. The bonds and the registrar's certificate of authentication sharl be ln substantially the following for.ns, with such onissions,insertions, endorsements and variations as to any recitals of fact or other provislons as Eay be required by the circunstances,be required or per:nitted by this ordinance or be consistent with this ordinance and necessary or appropriate to confottu to the -F o nrle8 and requLreDents of any EovertrDental authority or any usage or requirenent of law wlth respect thereto, and provided that any of the te:ct on thc face of the bonds rry, wlth appropriate reference, be printed on the back of the bonds: I -J!- f STATE OF COIPRADO LJ (Foru of Bond) I'NITED STATES OF A}IERICA COI'NTY OF EAGI.E TOWN OF VArL, coroRADO CREEK IOCAL TUPROVE!,IENT DISTRIqI I6CAL I}IPROVE!.IENT BONDS BOOTH NO.Interest Rate .---- 9.5 . REGISTERED OWNER: PRINCTPAL A}TOT,INT: Dated as of CUSIP Nurnber August 15, 1989 55, ooo The Town of Vail (the 'Town,) in the County of Eagle and state of colorado, a nunicipal eorporation dury organized an.existing, for value received, hereby proraises to pay to the Registered orrner identifled above, or registered assigns, upon presentation and surrender hereof at the principar office of cpntral Rank Denverin Denver , cororado (the rpaying Agentr) ,the principa]. Anount identified above on the Maturity Date identified above (subject to the right of prior redenrption hereinbetbw nentioned), and -to pay interest on the principal Anount fron the Dost recent interest palment date to which interest has been paid or dury provided for or, if no interest has been paid, fron the date of this Bond, at the rnterest Rate per annum ldentified above, payable on April 1, tggo and seni_annually thereafter on ApriL l and october 1 of each year, untit palment of the principat Arrount hereof has been nade. rnterest on this Bond wirl be paid on or before each interest palnnent date (or, if such interest palment date is not a business day, on or before the next succeeding business day) to the regrstered owner of this Bond by check or draft naired to such registered owner at -11- the addresg appearing on the registration books kept for that purpose at the office of centrar Bank Denyerin Denver ,colorado, as Registrar, at the crose of business on the fifteenth day (whether or not a business atay) of the car.endar nonth precedlng the interest palment date (the 'Regurar Record Date').eny ruch Lnterest not so tlnely pald sharr cease to be payabre to the person who is the registered owner hereof at the crose of businees on the Regrurar Record Date and shar.r. be payabte to the person who is the registered owner hereof at the close of business on a Speclal Record, Date for the paynent of any defaulted interest. such speciar Record Date sharr be fixed by the Registrar whenever Doneys becone available for palment of the defaurted r.nterest, and notice of the special Record Date sharl be given to tbe registered owners of the Bonds of the series of which this is one not r.ess than ten days prior thereto.Alternative Deans of palment of interest Eay be used if nutuarly agreed to between the owner of any Bond and the paying Agent, as provJ-ded in the ordinance authorizing the lssuance of the Bonds (the 'Bond ordinanee'). The prineipar of and interest on this Bond are payable ln lawfur noney of the united states of America,without deduction for the serrrices of the paying Agent or ReEistrar. rf upon presentation and surrender of this Bond to the Paying Agent at naturity palmrent of this Bond is not rnade as herein provided, interest hereon shalr continue at the rnterest Rate identified above untir the principar Aroount hereof is paid in full. This Bond is one of a series subJect to prior redemption in regular numericar order by and at the option of the Town of vair, on any interest paynent date, at a price eguar to the principal anount thereof with accrued interest to the redemption date. tfhenever there are avairabre noneys (other than anounts deposited therein as accrued and capitarized interest) in the Bond Fund in excess of the amount required to pay interest on the bonds then outstanding on the next interest palment date, the -12- Tolrn wLll exercise lts option to red.een on the next practicable interest palment date a suitable nunber of bonds outstanding. Nothing shall preclude the Town fron refunding all or a of the bonds or fron exercising its right to redeen bonds portion prior to naturity fron any available source of funds. Redeuption shall be uade upon giving prior nailing to the ordner of this Bond at tris address as appears upon the registration books, in the rnanner and,conditions provlded ln ttre Bond ord,inance. The Registrar wirl not be required, to transfer any Bond during a period beginning at the opening of business 15 days before the day of the nairing by the Registrar of a notice of prior redenption of Bonds and ending at the close of business on the day of such naiting, o!, with respect to a particurar Bond,after the nairing of notice carling such Bond for prior redernption. This Bond is one of a series of rocar inprovement Bonds nunbered consecutively fron 1 to 73, both incrusive, issued by the Town of vail, and naturing on Aprir 1, 1999, arl of which are of rike designati'on, and which are in the aggregate principal amount of 9365,000. Said Bond series is issued in payrnent fbr local inprovenents made in ttre Town of Vail, colorado Booth creek Local rmprove'ent District pursuant to and in accordance with the charter and the vair code, the ordlnance creating the District,and all 1aws and proceedings thereunto enabling.pursuant to the Bond ordinance, reference to which is nade for further detairs, the principal 0f and the interest on the Bonds of the series of which this is one shatl be payabre solely fron a special fund designated ,Town of Vailr Colorado Booth creek rocar rnprovement District, r9g9 Bond Retirenent Fund- (the 'Bond Fund') consisting of noneys colrected by the Town of Vall from the special assessnents (principalr interest and penarties, rf any) to be revied against alr. the assessable parcels of land ln the District, to the extent provided in the Bond ordinancei provided that any proceeds fron the sale of the notice by the sane upon the -.ul- Bonds, otber than such proceeds deposited in the Bond Fund to be used to pay interest on the Bonds, remaining after the payrnent of arr the costs and expenses of naking the rocal improvements shall be deposited in the Bond Fund and shalt be used for bond redenption. The Bond l\rnd is irrevocably and exclusively pledged for the fulr and pronpt palaaent of.all the Bonds. rf there is a deficiency in the Bond Fund to meet the palment of the outstanding Bonds and lnterest due thereon, the deficiency shall be paid out of any noneys available therefor in the surplus and deficiency fund created pursuant to section 1o.g of the Townrs charter. whenever three-fourths of the Bonds have been paid and cancerled and for any reason the rernaining assessments are not paid in tine to take up the renaining Bonds and interest due thereon, and there is not sufficient uoney in the surprus and deficiency fund, then the Toqrn shall pey the Bonds when due and the interest thereon and reinburse itself by collecting the unpaid assessnents due the District. All assessnents shatl be a rien in the severar amounts assessed from the effective date of the assessment ordinance to be adopted by the Tordn upon conpletion of the locar iurprovements in the District. The rien for such assessments shalt be prior and superior to alr other liens except general tax liens, other assessment liens, and possibly other riens inposed by the state of colorado or its political subdivisions or by the united states of Anerica or any agency or instrunentarJ.ty thereof. rn the Bond ordinance, the Town covenants to lerry and collect assessments against all assessable parcels of property in the District and to diligently enforce the llen of the assessments against the property subject thereto. rt is hereby certified, recited and decrared that the principal amount of the Bonds does not exceed the arnount authorized by law to be issued. rt is hereby also certified, recited and decrared that the proceedings taken to date lrith reference to lssuing the Bonds and to naking such locar lnprovements have been regutarly had and taken in cornpriance with -14- law; that alr prerequisites to issu5.ng the Bonds have been perforoedt and that alr acts, conditlons and things essential to the varidity of this Bond exlst, have happened and have been done in dde tine, fom and Danner as required by law. The Bonds are not a debt of tlre town and the Tolrn is neLther liabre thereon, nor has tt predged its futl faith and credit for their palment, nor are the Bonds payable out of any funds otrrer than special assessments and other anounts predged to the patment thereof as herein stated. The palment of the Bonds is not secured by an encunbrance, nortgage or other predge of property of the Town except for such special assessuents pledged for the palment of the Bonds. No property of the Town, subject to said exception, shalr be liable to be forfeited or taken in paynent of the Bonds. The Town has designated the Bonds of the series of which this is one as a gualified tax-exempt obrigation pursuant to section 265(b) (3) (B) of the rnternal Revenue code of 1996, as amended. This Bond is lurr.y transferabre by the registered oqrner hereof in person or by his dury autborized attorney on the registration books of the Town kept at the office of the Registrar upon surrender of this Bond together with a duly executed written lnstrument of transfer satisfactory to the Registrar- upon such transfer a new Bond of the same principal anount and bearing the Ea,oe nunber wirl be issued. to the transferee in exchange for this Bond, .on pa)ment of. such charges and subject to such terrs and conditions as are set forth in the Bond ordlnance- The Town, the Registrar and the paying Agent rnay deen and treat the person in whose nar'e this Bond is registered as the absolute ohrner hereof, whether or not this Bond sharl be overdue, for the purpose of receiving palnnent and for arl 0ther purposes except to the extent othenrise hereinabove and in the Bond Ordinance provided with respect to the paynrent of interest, and neither the Town, the Registrar nor the paying Agent shar.r be affected by any notice to the contrary. -15- This Bond nust be registered in the nane of the owner as to both principal and interest on the registration books kept by the Registrar in confonrity with the provisions stated herein and endorsed hereon and subject to the terins and conditions set forth in the Bond ordinance. No transfer of this Bond shalt be varid unless nade on the registration books naintained at the principal office of the Registrar by the .registered owner attorney duly authorized in writing. This Bond shaLl not be valid or obligatory for any purpose until the Registrar shaLl have manually signed the certiflcate of authentication hereon. IN TESTfMONY WHEREOF, the Town Council of the Tohrn of vair has caused this gond to be executed with the facsimir.e signature of the Mayor, and to be signed and attested with the facsinire signature of the Town clerk under the facsimire seal of the Town. Signed: Mayor (FACSIMILE SEAL) Attest: I or his Facsinile Siqnature Town Clerk -16- Thls iE one of nontioned Bond ordinance, on the registration books for such Bonds.. Date of Authentlcation: Certlficate of Authenticatlon for the Bonds described Ln the within- and thls Bond has been duly registered kept by the undersiEned as Registrar Bond -f.7- ASSIGNIIENT FOR BOND FOR VALT'E RECETVED thE aseigns and transfers unto within Bond and irrevocably appoints attorney-in-fact, to transfer the yithin for registration thereof, with ful.l power premises. Dated: undersigned hereby sells, the Bond on the books kept of substitution in the NoTfCE: The signature to thls assignment Dust correspond with the name as it appears-upon the face of the within Bond in every particular, without any alteration whatsoever. Address: Signature Guaranteed: Tax ldent Social Security Nunber(s) : (End of Fotm of Bond) -18- Section 14. Dellverrr and Application of proceeds. I{hen the bonds have been duly so1d, executed and registered, the Town sharl deriver the bonds to the lawful purchaser thereof on receipt of the purchase price. The registrar sharl initiarry register tlre bonds in the nane of the purchaser, or in the names of such transferees as the purchaser Day designate in writing or writings satisfactory to the registrarr o! any conbination thereof as directed by the purchaser. The proceirds of the bonds (excluding acermed interest and capitalized interest) shall be deposited into the 'Town of vair, colorado Booth creek Local rnprovenent District constnrction Fund' (the 'const:rrction Fund') which is hereby created, and applied solely to defray the costs and expenses of naking the rDprovements (including incidental expenses and costs rerated to the issuance of the bonds). Alt moneys received as ascrnred interest and capitarized interest shall be deposited into the Bond Fund to apply to the paynent of a portion of the interest due on the bonds through April 1, 1990. All moneys reseived as investDent income on the Bond Fund sharr be retained in the Bond Fund. All rooneys received as investrnent income on the proceeds of the bonds sharl. either be used to pay for the rmprovements or incidental costs or to pay principal of or interest on the bonds as the Town determines. The purchaser of the bonds shall in no Danner be responsible for the application by the Town, or any of its officers, of any of the funds derived fron the sale thereof. Section 15.Lew of Assessnents. The Town shall cause the assessments to be levied and colLected as provided by law for the benefit of the registered owners of the bonds. The Town hereby covenants for the benefit of each owner of the bonds that the costs of the rnproveraents in amounts suffl_cient, together with any excess bond proceeds as provided in sectlon l0 hereof, to provide for palnnent of the bonds and interest thereon, shall be apportioned, levied and assessed against the assessabre parcels in the District, in accordance with the charter and the vair code, by ordinance to be hereafter adopted,. Further, the -19- ( =.\ Town covenants that such asEess'ents wirr bear interest at a rate whlch is at least equar to the highest rate of interest on the bonds and payable in one pa)ruent or in ten annual installnents of principal , on ltarch 1 of each year co-.,rrencing on Dtarch 1, 1990,wlth interest on the unpaid principal balance of the assessment,payable annually on tlarch 1 of each year cornnencing tltarch 1,1990- The Town hereby covenants to use its best efforts to insure that Euch assessments are levied as soon as possible upon substantiar conpretion of the rnprovenents and to dirigently enforce the rien of the assess'ents against the property subject thereto. section 15. Assessment Revenues. Arl noneys received frorn such assessments, including interest and any penalties thereon (except to the extent that such r'oneys are payabre to the Town as a reinburseuent pursuant to section 1r hereof), shall be deposited into trre Bond Fund and said noneys, along with any other noneys deposited into the Bond Fund pursuant to the provisions of this ordinance, sharr be used for the purpose of paying the principal 0f and interest on the bonds and for no other purpose whatsoever, and as security for such payment the Bond Fund is hereby exclusivety pledged. Section 12. Books and Records. So long as any of the bonds remain outstanding, the Town wilr keep or cause to be kept tnre and accurate books of records and accounts showing furl and tr:ue entries covering the cgrlection and disposition of speciar assessments as well as any delinquencies in the collection thereof, covering deposits and disbursements in the Bond Fund,the redemption of bonds, both prineipat and interest, and disbursenents to defray the cost of the rnprovenents, lncluding incidentar'expenses; and the Town wirr permit an inspection and exaroination of alr books and accounts at alr reasonable tirnes by a representative of the original purchaser of the bonds. Section 18. Agent.rf the registrar or paying agent initiarly appointed hereunder shall resign, or if the Town shall reasonably deter:nine that said -20- registrar or paying agent has becone lncapable of furfilling its dutles hereunder, the Town Eay, upon notice nailed to each registered owner of the bonds at his address last shown on the registration books, appoint a successor registrar or paying agent, or both- No such reslEnation or disnissal nay take effect untll a Euccessor is appolnted. Everl, such succesgor registrar or paying agent shall be a bank or trrrst genpant located in and in good standing in the state of cororado. rt sharl not be required tlrat the sane institution senre as both regi.strar and paying agent hereunder, but the Town sharl have the right to have tlre same Lnstitutlon se!'ve as both registrar and paying agent hereunder. Section 19.ThE offlcers of the to talce all action Town hereby are authorized and directed necessary or appropriate to effectuate the provisions of this ordinance, including, without liuiting the generarity of the foregoing, the printing of the bonds (which nay incrude thereon an opinion of bond counsel and related certification by the Town crerk), the execution of such certificates as nay reasonabry be reguired by the initial purchaser .thereof or bond counser,rerating, inter aria, to the signing of the bonds, the tenure and ldentity of the uunicipal offlciars, tbe absence ancl existence of factors affeeting the exenption of interest on the bonds frorn federal .income taxation, the accuracy of property descriptions,the delivery of the bonds and the absence of ritigation pending or threatened affecting the vari.dity of the bonds, if such is in accordance with the facts, and the execution of a bond purchase contract and appropriate agreenents with respect to the se.rices of paying agent and registrar. Section ZO. Bondholders, Riqhts and Renedies.Any oluner of any one or rnore of the bonds nay, either at law or in equity, by suit, action, mandanus or other appropriate proceedings in any court of conpetent Jurisdiction, protect the lien created by this ordinance on the proceeds of said assessments and the noneys in the Bond Fund, .and nay by suit, -2L- action, mandanus or other appropriate proceedings enforce and comper the perfornance of any covenant of the Town or any duty inposed upon the Town by the provisions of this ordinance, or any ordinance heretofore or hereafter adopted coneerning the District, including, 'without riniting the generality of the foregoing, the segregation of assessnents into the Bond Fund, the proper application thereof and the appointnent of a receiver. The failure of any such owner so to proceed shalr not relieve the Towrr, the councir or any of the Townrs officers, agenEs or enployees of any liabtrlty for fairure to perform any such duty. No renedy or right conferred by this ordinance is intended to be excrusive of any other remedy or right, but each such renedy or right is cunurative and nay be pursued without waiving any other remedy or right. section 21. Tax covenants. The Town covenants for the benefit of the owners of the bonds that it wilr not take any action or omit to take any action with respect to the bonds, the proceeds thereof, any other funds of the Town, or any facilities financed with the proceeds of the bonds if such action or onission wourd (i) qause the interest on the bonds to rose its exclusion fron gross income for federar. income tax purposes under section 103 0f the rnternal Revenue code of 1986, as anended (the 'Tax Codez), (ii) cause interest on the bonds to lose its excrusion from alternative minimuro taxable incorne as defined in section 55(b) (2) of the Tax code except to the extent such interest is required to be incruded in the adjusted net book income and adjusted current earnings adjustrnents appricabre to corporations under section 55 0f the Tax code in carculating corporate alternative ninimun taxable incone, (iii) subject the Tovn to any penalties under section 148 of the Tax code, or (iv) cause interest on the bonds to lose its excrusion frorn colorado taxable incorne or cororado arternative niniurun taxabre income under present cororado law. The foregoing covenant sharl remain in furl force and effect notwithstanding the paynent in full or defeasance of the bonds untIl the date on which arl -22- obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado la!,r have been met. Qualified Tax-Exempt obriqation. The Town hereby designates the bond,s as a quarified tax-exe'pt obligation for purposes of section 26s(b) (3) (B) of the Tax code. Section 23. Anendment or Supplenent of Ord.inance.This ordlnance nay be amended or suppremented by an ordinance o' ordinances adopted by the Town council in accordance with the charter and the vair code with or without the receipt by the Town of any additlonal consideration, with the written consent of the owners of 75 percent of the bonds authorized by this ordinance and outstanding at the tlue of the adoption of such anendatory or supplenental ordinance, provided, however, that no such ordinance shall have the effect of pemitting: (a) an extension of the maturity of any bond authorized by this ordinance withoit ttre written consent of the ordner of the bond; or (b) a reduction in the principal anount of any bond or the rate of in€erest thereon without the written consent of the owner of the bond; or (c) the creation of a lien upon or a pledge of.property, revenues or funds, rinkiig prior to the liens or pledges created bf this ordinance-i or (d) a reduction of the principal amount of bonds required for conslnt of such anendatory or supplemental ordinance. Section 24. Ratification.Att action (not inconsistent with the provisions of this ordinance) heretofore taken by the Town, the councir and the officers of the Town,directed toward the creation of the District, the construction and other acquisition of the rrnprovenents therein, the sare and -23- Lssuance of the bonds, and the ler4r of assessnents for that purpose, hereby is ratified, approved and confirmed. Section 25. Ordinance frrepealable. After the bonds have been issued, this ordinance shall constitute a contract between the Town and the orrner ar owners of the bonds and shal_l be and rernain lrrepearabre until the bonds and the interest -accruing thereon sharr have been fulr.y paid, satisfied and diseharged. Section 26. Linitation on upon its finat passagte, this Town book of ordinances kept the signatures of the Mayor ordinance shall be recorded in the for that purpose, authenticated by and the Town Clerk and shall be After the expiration of 3o days from the date of final adoption and approval of this ordinance, al.l actions or suits attacking its findings, deteminations and contents. or guestioning the regarity of the bonds and all ;lroceedings rerating thereto sharr- be perpetually barred, and the ordinance and bonds shall be conclusive of the facts stated therein and shall be conclusively deened valid and regar in every court or tribunar- and sharr not be open to contest for any reason. Section 27. Severabili!y. ff any section, paragraph,clause, or provision of this ordinance shal_l be held to be invalid or unenforceable, the invaridity or unenforceabir.ity of such section, paragraph, clause, or provision shall not affect any other provision of this ordinance. section 29. Repearer. Arr ordinances, resorutions,bylaws and regurations of the Town in confrict with this ordinance are hereby repeared to the extent onry of such inconsistency. Section 29.Recordinq; Effective Date.fnnediatety -24- of general effect five on July 18, prrblished in The Vail Trail, a tegal nerrspaper circulation in the Town. This ordinance sharr take days following lts publleation after final passage. INTRODUCED A}ID APPRO\IED ON FTRST RE.ADING 1989. (sEAL) Attest: (sEAI,) Attest: ADOPTED AND APPROVED on Augrust, 1, 1989. -E- ?t ,council Menber nfUl*O _ duty seconded the uotion, and the question being upon the approval on first reading of the foregoing ordinance, the rorl was carr.ed with the following result: Council Mernbers voting nyeso: Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin cail wahrlich-Lowenthal Michael Cacioppo Steinberg Council Mernbers voting tNot: 'l Counci] Members having voted in favor of said motion, the Irtayor thereupon decl.ared the ordinance duly approved on first reading and directed that the ordinance, as approved, be published once in full in The vail Trair., a neerspaper of general circulation within the Town and regarry guarified for Town publications, and that notice of the August 1, l9g9 public hearing on the ordi.nance be pubrished as required by the vail Code. After consideration of other business to cone before the Town Council, the neeting was adjourned. Town of Vail (TOWN SEAL) -25- published in The vail Trail, a legal nenspaper clrculation Ln the Town. This ordlnance shall take days following its publlcation after final passage. TNTRODUCED AND APPROVED ON FIRST READING 1989. (SEAL) Attest: of general effect five on July 18, t (sEAL) Attest: ADOPTED AITD APPRo\,/ED on August 1, 1989. -25- STATE OF COLORADO COT'NTY OF EAGLE TOWN OF VAIL ss. The following nenbers of Mayor: Mayor Pro Tem: Council Menbers: ) ) ) ) ) The Town Council of the Town of VaiI, Eagle County, colorado, met in regular session, in full conforrnity with the Town charter, ordinances and alr other applicable laws, rul_es and regurations, at the Municipar Building in vair, colorado, the regular meeting place thereof, on Tuesday, the 1st day of August, 1989, at the hour of 7:30 p.n. the Town Council vrere present: Kent R. Rose ,fohn C. Slevin Eric Affeldt Menr LaPin Gail Wahrlich-Lowenthal Michael Cacioppo Thonas Steinberg the Town Council were absent:Tbe following nembers of The following persons qrere also present:' Town Manager: Rondall V. phillips Town Attorney: Lawrence A. Eskwith Town Clerk: pamela A. Brandmeyer Director of,Admini-strative Serrrices: Charles Wick Thereupon the following proeeedings, among others, !,rere had and taken: The Mayor infonned the Town councir that ordinance lto. a0 ' series of 1989, which was introduced, read by ti.tle,passed on first reading, approved and ordered published in fulr at a regular neeting of tbe Town Council held on July 18 , L989, -27- was duly pu-blished ln full in The vail Trair, a newspaper of general circulation in the Town, ln its issue of Jury 21, 19gg, and that the publisher,s affidavit of said publication is nolr on file in the office of the Town Clerk. Council trlern}'er then introduced said ordinance a second tine and read the ordinance by its title, sufficient copies of the full ordinance having previously been bade.available to the Town Council and to the public. The Mayor then decrared that this nas the tLne and place for a publie hearing on the ordinance and the neeting was then opened for such purpose. After alr persons had been given an opportunity to speak, the hearing was declared closed. Council Member uoved the final approval on second reading of said Ordinance. Council Mernber &U(A, duly seconded the notion, and the guestlon being upon the final approvar on second reading of the said ordinance, the rorr lras carled with the following result: Council Members voting 'yesr: Kent R. Rose John C. Slevin Eric Affeldt Menr Lapin Council Menber.s voting oNou: Gail Wahr1 ich-Lowenthal Michael Cacioppo Thonas Steinberg _'l council Mernrcers having voted in favor of said the Mayor thereupon declared the. Ordinance finally on second reading td,rdirected that the Ordinance, as be pubtished $-FEI€€,*/ in The vail Trail, a of generar circulation within the Toun and regarty for Town publications. notion, approved approved, nehrspaper qualified -28- STATE OF COI.ORADO COT'NTY OF EAGLE TOWN OF VAIL I, Panela A. Brandmeyer, the duty gualified and acting Town CLerk of the Town of Vail , Eagle County, Colorado, do hereby certify that the foregoing pages 1 to 29, inclusive, constitute a tme and correct copy of the Record of the proceedings of the Town council of the Town, taken at regular rneetings thereof held at the Municipal Building in VaiI, Co1orado, on. Tuesday, the 18th day of JuIy, 1989, connencing at the hour of 7.3o p.n. and on Tuesday, the lst day of August, 19gg, connencing at the hour of 7:30 p-D., as recorded in the offlciar Record of the proceedings of the Tohrn kept in rny office, insofar as said proceedings relate to ordinance No.40, series of 1999, authorizing the issuance of the Town of vair, colorado Booth creek Locar rmprovement District Bonds, series 1989,' that said proceedings rdere duly had and taken; that said neetings were dury herd; and that the persons were present at said neetings as therein shown. o ) ) ) ) ) ss. It is hereby further certified that the published in full in The VaiL Trail, a newspaper having general circulation in thr Town pubricarions, on Jury 21, ;;",-""#t;% Ordinance was published and alified for in said newspaper on August 4, 1989, as evidenced.b! the affidavits of publication attached hereto. rN wrrNEss 'HEREOF, the undersi.gned has hereunto set her hand and the seaL of the Town this /9f day of August, 1999. (TOWN sEAL)Togrn of Vail -30- o :o Affidavit of publication of ordinance in full and notice of publlc hearing thereon. -31- .U Affidavit of publication of Ordinance MHd AtA^dr'tl -32- rt .,, SEATE OF COLORADO COUNTY OF EAGLE TOWN OF VATL ss. Mayor Pro Tem: Council Menbers: 0n o * t6. {1aip5 oe t qfl ,Ieh*++$te+;irr Ahstx* Erlc Affeldt Menr Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thonas Steinberg introduced and moved the t.f ) ) ) ) ) The Town councir of the Town of vair, colorado, net r.n regular session in fulr conformLty with the Town charter and the applicable raws, rures and regulations of the Town, at the vail Municipal Bulldlng, VaiI, Colorado, the regular neetJ.ng place thereof, on Tuesday, the 6th day of June, 1989, at the hour of 7:30 p.n. The following ruenbers of the Mayor: Town Council were present: Iten+.+*€€.- a,bsul The following nenbers of the Town councir were absent,: 6y'r,t K Koq, I W The following persons r,rere also present: Town Manager: Rondall V. phillips Town ALtorney: Larirrence A. Eskwith Town Clerk: panela A. Brandneyer Director of Adrninis-trative Serrrices: Charles Wick Thereupon the foLlowing proceedings, among others, were had and taken: Council Member approval on first reading of the following ordinance, which was then read by title, sufficient copies of the furr ordinance having previously been nade availabre to the Town council and to the public: STAIE OF COIFRADO COUTflTY OF EAGLE TOWN OF VAIL ss. The Town Council. of the Town of Vail, Eagle county, colorado, met in reg:ular session, in fulr conformity nith the Town charter, ordinances and arl other appricabre raws, rrles and regulations, at tlre Municipal Building in VaiI. Colorado, the regrular neeting place thereof, on Tuesday, the 18th day of Jury, 1989, at the hour of 7:30 p.n. The following nenbers of Mayor: Mayor Pro Tem: Council Members: the Town Council. were present: Kent R. Rose John C. Slevin Eric Affeldt llenr Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thornas Steinberg the Town Council were absent: had and No. 11, passed The following nenbers of The following persons were also present: . Town llanager: RondaII V. phillips Town Attorney: Lawrence A. Eskwith Town Clerk: panela A. Brandraeyer Director of,Adroinis-trative Serrrices: Charles Wick Thereupon the following proceedings, anong others, uere taken: The Mayor infor:ared the Tohrn council that ordinance Series of 1989, which was introduced, read by title, on first reading, approved and ordered pubrished in fulr -10- /:- council Menber S+Ci,Ulq,M. duly seconded the notion, and the question being rlpon the approval on first reading of the foregoing ordinance, the ro11 was carled with the following result: Council Members voting ,?yeso: lh*tffssrs AhtA$ Joh^sc---..gtev h f'btU,* Eric Affeldt lterv Lapin Gall l{ahrLich-Lowenthal Michael Cacioppo Thornas Steinberg ilo.tt-Council Menrbers voting -Nor: 6 council Members having voted in favor of said nrotion, the Mayor thereupon declared the ordinance dury approved on fLrst reading and directed that the ordinance, as approved, be published once in furr in The vail Trair, a newspaper of generar circulation within the Town and regatry quatified for Tor,rn pubrications, and that notice of the June 20, 1989 publie hearing on the ordinance be published as required by the Vail Code. After consideration the Tonn Council, the neeting (TOWN sEAL) of was other business to come before adj ourned. Town of Vail -L2- at a regular. neetlng of the Town councit held on June 6, 1989, vras duly published in full in The vail Trail, a newspaper of general circul.ation in the Town, in its issue of June g, lg8g, and that the publisher,s affidavit of said pubtication is now on fiLe in the office of the Tohrn clerk. council Menber ROSL then introduced said Ordinance a second tine and read the sufficient copies of the full Ordinance nade available to the Town Council and to ordinance by its title, having previously been the publlc. councir Member l))ri iv.htJl-l^MN "+t. , I rhen noted rhar notice of the pubtic hearing of July rB, 1989 was duly naired to affected parcel owners on July 3, 1999 and pubrished in The vair Trail on July 7' 1999, refrecting that the improvernents to be constructed and instarled by the project wllt consist generarly of, but are not lirnited to, a trench-bern conprex, that the totar estinated project cost is S38G,766, that S3E6rz56 of the total Project cost would be provided by assessments to be levied against specially benefitted parcelsi and that each pareel owner wouLd be assessed an anount not to exceed $14,10G (except as othe:*rise provided by the Vail code), and moved that the ordinance as introduced be amended to reflect those facts as shown. in the ordinance attached hereto as Exhibit 1, and be finally approve.d on second reading. The Mayor then decl.ared that this was the tine and place for a public hearing on the ordinance and the rneeting was then opened for such purpose. After a1r persons had been given an opportunity to speak, the hearing was declared c]0sed. Council Menber Cd,ethO aury seconded the notion, and the question being upon the amendrnent and finar approval on second reading of the said ordinance, the rorl was called with the following result: -11- o Council l{enbers voting tYes': Kent R. Rose John C. Slevin Eric Affetdt Menr LaPin Gail wahrl ich-Lowenthal Michael Cacioppo Thonas Steinberg Council llernhers voting ,Not: MW rl Council Meubers having voted tn favor of said rnotion, the llayor thereupon declared the ordinance arnended and finally approved on Eecond reading and directed that the ordinance, as aDended and approved, be published in full in the vail Traj-l, a newspaper of general circulation within the Town and legalfy gualified for Town publications. After consideration of other business to come before the Council, the rneeting was adJourned. (TOWN sEAL) Town Clerk Town of Vail -L2- ORDINANCE NO. T3 Series of 1989 Alr oRDINN{CE CRBATTNG TO!{N OF VArL, coLoRADO,BOOTH CREEK IOCAL IMPROVEIIENT DISTRICT, APPROVTNG TIIE PIANS FOR AIID AUTHORIZTNG THE CONSTRUCIION At'tD fNSTALIATION oF spEcIAL Ar.rD I,OCAL TMPRoVEIIIENTS THEREIN, IN coNNEcTToN WITH WHICH SPECTAL ASSESSMENTS STTALL HEREAFTER BE I.EVIED TO PAY A PORTION OF TIIE COST . THEREOF' APPROVTNG THE METHOD OF APPORTIONING SUCH ASSESSI.IENTS, }TAKING FTNDTNGS AI{D CONCLUSIONS BASED UPON EVIDENCE PRESENTED AT A PUBLTC HEARTNG coNcERNING TIIE FoREGoING, AI{D SETTING FORTH DEIAII,S IN REIATION THERETO. WHEREAS' pursuant to the clrarter of the Town of vail, Eagle county, colorado (the 'Town'), Title 20 of the Vail code and Resolution No. 30, series of 1988, the Town council held a pubric hearing on June 6, 1989, rerating to the creation of a local- inprovement district for the construction and l_nstallation of certain speciar and rocal inprovements to the Booth creek area of the Town; and *HEREAS, the Town Councir has considered the testinony and other evidence presented at said hearing and arl conments uade by affected parcel onners and menbers of the generar public relating thereto. COI,OR,ADO: Section l. Based upon all the evidence, CounciL finds as follows: BE IT ORDAINED BY T}IE TOWN COUNCIL OF THE TOWN OF VAIL, the Tohrn 1.1 pursuant to Resolution No. 30, Series of 1988, the Town council has duly initiated by appropriate order the speclar and l0cal inprovenent project (the ,project') described herein. -13- L.2 lhe Town Manager or his delegee has duly held adninistrative hearings relatlng to the project for the purpose of infor:nlng affected parcel owners about the sane and about the assessnents proposed, and for the purpose of providing the affected parcel owners the opportunity to respond thereto 1.3 Notice of a public hearing on the project and assessuents therefor and the fomatlon of a local lnprovenent district in the required regal forn was published in The vail Trail, a newspaper of general cireulation in the Tohrn, on May 26, 1989. L.4 A copy of the sane notice was nailed by f irst-class nail , postage prepaid, on l.!ay 23 , 1989 , to all affected parcel owners at their rast known addresses as shoqrn on the real parcel assessment rolls for general (ad valoren) taxes of Eagle county, colorado, as of May 19, 1989. rn addition, steps were taken by Town officials to ascertain the current oltners of affected propertles and their addresses, if such differed from the infornration shown in the tax records, and attenpts were made to furnish them wlth actual notice via nail_. rncluded with each nailed notice was a forrr entitled 'protestz that could be used to protest against the project. 1-5 Notice of a second pubric hearing refrecting certain revisions in the nature of the inprovements to be constrrrcted and installed by the project and in the totar project cost and the anount of the'project cost to be assessed against parcels in the proposed 10ca1 inproveurent district in the required leqar for:m was pubrished in The vail Trair on Jury 7,1989, and a copy of such notlce rdas rnailed by first-crass nail on July 3, 1989, postage prepaid, to alr persons who received the notice described in Section 1.4. -L4- 1.6 AII necessary legal requirenents conditions precedent for inltiation of the project and for pubtic hearings on the same held on June 6, r9g9 and Jury 1989, have been fully perfonned, net and satisfied. and the 18' L.7 Public hearings on the Project and assessEents therefore and the formation of a locar inprovement dlstrict were duly herd on June 6, 1989 and Jury rg, 1989, and ful] opportunity was afforded alr affected parcel ordners to present their views. 1.8 there have been I protests filed in accordance with the charter and Title 20 0f the vair code. The Town counciL therefore finds and detenaines that protests were filed by ress than 50 percent of the affected parcer owners in the proposed locar improvement district. The Town councir hereby determines that the project shourd proceed, as it is necessary for the preserivation of the pubric health, safety and rrerfare and is in the public interest. 1.9 Schenatic design plans for the project, which generarry incrudes, but iE not rinited to, constructing and installing a trench-benn cornprex to prevent farring rock from reaching and danaging private property, have been dury presented to the Town councir. The schenatic design plans are herebv approved. 1.10 The inprovenents to be constructed and installed are special and local inprovernents that also confer general benefits upon the Town. The Town council finds it is appropriate that the general pubric share in a portion of the cost of the inprovements. inprovenents is S386,266. The total estinated sost of the The portion of the cost of the rnprovenents to be borne by the Town is g2o,ooo. The portion of -15- 1. 13 Creek area where the the affected parcels district. the cost of the inprovenents to be defrayed by the levying of speeial assessnents against affected parcels specially benefited thereby shall not exceed S3G6,756, except as per::nitted by the ValI Code and as provided in the notices previously publlshed and nailed to affested parcel orirners.The cost estinate and appo*ionrnent are found to be satlsfaetory and reasonable in ever? respect. , 1.11 Parcels proposed to be assessed abut or are in the vicinity of ttre inprovenents to be constructed and lnstalled and will beneflt fron the constrrrction and installation tlrereof .The inprovenents wiII confer substantial special benefits on all of the affected parcels within the boundaries of the local inprovenent drstrict, which special benefits are separate and distinct fron the general benefits to the Town that will also result therefrou. 1.12 The proposed assessments on specially benefited parcels have been deternined by assessing an equar amount of the total cost to be assessed against each parceJ. of land within the proposed locar inproveroent district. For purposes of this ordinance, tparcelr shall nean a rot, tract or parcel of rand which ls separately identified on the property tax reeords of the Eagre county assessorrs office. The Town council hereby determines that nethod of assessment to be fair and equitabte and that lt results in a reasonabre apportionnent consistent with the benefits to be conferred by the project. The Town has Jurisdiction over the Booth inprovenents are to be nade and over all of to be included ln the local inprovernent -15- Section 2. orders aE followE: The Towr Couneil finds, concludes and 2.L The Town Council , in addition to the express deteminations hereinabove set forth, by the adoption of this ordinance hereby denies all protests, objections or remonstrances that were made, either l-n writing or orally at the pubtic hearlng. 2.2 There is hereby created within the corporate linits of the Town of vail , Eagle county, colorado, a rocar inprovement dj.strLct to be known and designated as'Tordn of vall,colorado, Booth creek Locar rnprovement Districto (the 'District') for the purpose of eonstructing and installing certain improveuents to nitigate roclcfalr danage in the Booth creek area of the Tolrn and of assessing a portion of the cost thereof to the parcels specially benefited thereby. 2-3 The area to be included within the boundarles of the District and to be assessed for a portion of the cost of the improvements sharl be arl the real property described in Exhibit A attached hereto. 2-4 The schernatic designs for the inprovements are hereby approved, subject to nodifications that courd be inposed due to cost constraints.The construction and installation of the inprovenents within the District as shown by the prellninary plans are hereby authorized and ordered. 2.5 The Town shall pay S2O,OOO of the cost of constrrrcting and installing the improvenents. The renaining costs shall be assessed against the parcels in the District. o -17- 2.6 The Town Council has determined, and does hereby detemine, that assessments shal.l be levied against the affected parcels in the District (the parcels specially beneflted by the inprovenents therein) according to the nethod described in sectlon 1.11 0f thls Ordinance. 2.7 After considering all of the circunstances and weighing the factors specified in Tl.tle 20 of the Vail Code, the Tolrn Councll has deternined, and does hereby determlne, that as a result of the fuoproveuents to be constrrrcted and installed within the District each such parcel witl receive a special benefit in an anount which equals or exceeds the anount of the particular assessnent to be assessed against each parcel as indicated on Exhibit Ai that said nethod of assessment is a fair and equitable nethod; and that the assessnents are in proportion to the special benefits conferred upon such parcels. Accordingly, the nethod of assessnent is hereby approved. 2.8 The proposed assessnent schedule shown on Exhibit A attached hereto is hereby approved. The assessments to be revied against the affected parcels shall not exceed the assessEent anounts provided in said schedule except (a) if actuar construction costs exceed estinated constrrrction costs (but onry to the maxinum of an additional fifteen percent), (b) if land acquisition costs exceed estinated costs, or (c) if separate and additional elenents of cost are incurred in construction or for other itens which are of a nature generally not foreseen and included in the constrrrction costs at the tLroe of estimate, as provided by section 2o.04.ogo of the vail code and the notice previously publlshed and uailed to affected parcel owners. 2.9 The total cost of the project (excepting the aEount to be paid fron sources other than special assessrnents) shall be apportioned upon the substantial conpletion of the -18- lmprovenents in an assessnent roll against each parcel to be assessed as herein described. After notice thereof and a hearing thereupon, assessnents shall be revied by ordinance of the Town councir using the nethod of as3essnent provided for herein. The assessnents shall be a lien untir paid in the several anounts assessed against each sueh parcel fron the effective date of the assessing ordinance. 2.LO AII assessments shall be due and payable without deroand within 3o days after the adoption and final pubrication of the assessing ordinance. parcel owners shaLl be perrritted, at their election, upon the levy of assessments to pay such assessrnents on an installnent basis in not nore than 10 substantially equal annual lnstarlnents beginning March 1, 1990 at an interest rate not to exceed twerve percent per annum, but not ress than the highest interest rate borne by any special assessment bonds issued to pay the cogt of the irnprovenents. rnterest shall be conputed on the outstanding principal and sharr be paid at the same times as installnents of principal . 2.11 pursuant to the laws of the State of col0rado, the Tohrn charter, and Title 20 0f the Vail code,special assessment bonds (the 'Bonds') of the Town shall hereafter be Lssued for the purpose of paying for the improveurents descrl.bed. in this ordinance, in an aggregate principar auount not to'exceed the cost and expenses of providing said improvements, incruding engineering, legar and incidental costs, and Lnterest as provided by law. The Bonds shalr be issued based upon estinates approved by the Tolrn council and as authorized by an ordinance to be passed by the Tonn council at a later date. The nraxinun net effective interest rate on the Bonds is twerve percent per annum. The principal of and interest on the Bonds shall be payabre fron the special assessnents -19- authorlzed trereih to be Levied agalnst the parcels of real property within the District. Sectlon 3. The officers of the Town are hereby authorized and directed to enter into such agreenents and take all actlon necessary or a;lpropriate to effectuate the provisions of this Ordinance and to conply with the reErirements of law. Section 4. Al1 actions not inconsistent with the provisions of this ordinance heretofore taken by the Tonn and by the offlcers thereof and directed toward the creation of the Distriet, the construction and instarlation of the inprovements therein, and the rerry of assessDents to pay a portion of the cost thereof are hereby ratified, approved and confirmed. Section 5. Alt ordinances or resolutions, or parts thereof, in confrict with this ordinance are hereby repealed. This repealer shalr not be construed to revive any ordinance of part of any ordinance heretofore repealed. /-_. Section G. ff any section, paragraph, clause provision of this ordlnance shall for any reason be heLd to invarid or unenforceable, the invalidity or unenforceabirity such section, paragraph, cl.ass or provision shatl not affect of the renaining provisions of-this ordinance. of be of any -20- o Section 7. The Town Council finds is necessary to and for the benefit of the the public health, safety, and welfare. that thi.s Ordlnance public interest and READ BY TITLE, AI,IENDED, FINALLY APPROVED ON SECOND READTNG, ADOPTED Al{D oRDERED puBLrsHED rN FUL! THrs 18th day of July, 1989. (TOWN SEAL) Mayo Town of VaiI -2t- I' EXHIBIT A PR()P{)SE[) ASSESSI.IEI{I SCHEDULE Prreel oyned . Jack P. lnd Carol A. Acuff Block l. Lot 5. Vail Vl'llage P.0. 8ox 525 vai l. C0 81658 l2th Filing Pat and Anne Baker Block l. Lot 10. Unit B. Vail vtllage 914.106 3135 Booth Falls Court l2th Flllng lownhouse vail. C0 81657 Pat and Anne Baker Lot l. Parcel 8. Vall Vlllage lzth Duplex $14,106 3135 Eooth Falls Court Resub of Lot 2 Vail. C0 81657 Anount of .i tl4.106 tl4,106 tll.106 281 Eridge Street Val'l , C0 81657 George H. Clowes, Jr. Block 2. Lot 6, vrl] Vlllage lZth Fi I ing lZth Filing Tofnhouse Block 2, Lot 3. Vail vtllage lZth Filing Edith A. Bou I ware ll04 tlonteclto Orive San Angelo. TX 75901 Brandess-Cadrnus Reni Estate. lnc. Block l. Lot 10. Unit A, Vall Villrge t14.106 Robert Lafirerts c/o Lannerts 125 Park Avenue 0klahona Clty. 0K 73102 A-1 Lynn 5. Deutschnan gtock l. Lot 2. unjt l. I,tarquez Ouplex, tl4.l06 . 448 Garrison Forrest Vai.l Village l2th Filing Owings Mil1s, ilO ZlllT oaniel J. and Barbara A. Feeney Btock 2. Lot 2, Unit B, Vail Vi age $14.106 P. 0. Box 3385 l2th Filing Vail, C0 81658 John tl. Gray Block t, Lot 6, Unit B. vail village 514.106 1902 |./est Colorado Avenue. Suite A lZth Filing To,/rnhouse Colorado Springs, C0 80904 Crown Corr. I nc. P.0.8ox 1750 Highland. IN 46322 Edward J. Gund P.0.8ox 3145 vail, C0 81658 Elock I, Lot 11. Resubdivision of Lot Z. gl4.to6 Va j'l Village 12th Filing Elock 2, Lot 8. vai l village Fi I ing l2 sl4.lc6 Edward M. & Katherine Gvrathney Block l. Lot Z. Unit B Harquez ouplex t14,106 3226 Katsos Ranch Road vail. C0 81657 Jeanine Hallenbeck Elock l, Lot 4, Vai t Vi.llage t14.106 3236 Katsos Ranch Road 12th Filino val l. C0 81557 Arthur S. and Shelby G, Kleirner Elock ?. Lot 7, Vail Village $14,106 Lavrrence and Susan C. Ast l2th Filing P.0. Box 2244 Vai'l , C0 81658 a-2 Robert P. Latrnerts 125 Park Avenue 0klahonra Cily. 0K 73102 . Robert Leayitt 6065 South Quebec Street Denver', C0 80ffl Charles H. L. tr{cLaughl in P.0. Box 112 vai l, c0 81658 Jerome J. Ruther 1245 Sunset Road l{innetka. IL 60093 Block 2, Lot 4. Vail Village l2th Filing t14. 106 Parcel .A. vai M l lage lZth Flling tl4.106 Elock l. Lot 6. Unit A. Vail Villoge S14.106 lZth Filing Tounhouse Parcel A. Vail Village 12th Ouplex. Lot 3 tf4.l06 a resubdivision of Lot 7. Vail Village Filing 12 o It{argem III Lot 8. Resubdivision of Lot t. B'lock I, il4.I06 2525 Canino oel Rio South Porcel B-1. 8-2. V,ril viltage San oiego. CA 92108 lzth Filing Ouplex Jorge A. and Sybill R. l{avas Block l. Lot 9. Resubdivision of Lot 7. S14.106 3255 Xatsos Ranch Road Vail Vi11a9e 12th Flllng vail. C0 81657 l{ichae.l D. and Gynthia Steirnle Elock 1. Lot l. VaiI Village ll4.loo John D. and Ruth K. Stelnle 12th Filing P.0. Box 2024 Vail. C0 81558 Ray E. Story and Panela V. Story Block l. Lot 3. Vail Vi'llage tf4.lg6 3230 Katsos Ronch Road Ftling 12 vatl. C0 81657 a-3 Block 2, Lot 5, Unit A. Vail villige t14.106 l2th Fi I ing Tovnhouse Joe tl. Tonahill. Jr, Elock 2. Lot 5. unit g. vail vlllage s14.lo6 P.0. Bor 3326 12th Filing Toxnhouse . Vail. C0 81658 Block 2. Lot 12. vail Village lZth Filing o Joe H. Tonahill, Jr. P.0. Box 3326 vail. C0 81658 Vai l l{ountain School P.0. Box 602 Vail, C0 81658 t14.106 Janes H. lnd Thomas F. tleisberg Block 2. Lot A. Unit A. Vail Village 314.106 Peggy Jo Epstein l2th Filinq .P.0. Box 597 0enver. C0 80201 A-4 srA:a to" "o**oO ) COUMTY OF EAGLE TOWN OF VAIL ss. f, Panela A. Brandtneyer, the duly qualified and acting Town Clerk of the Towrt of Vail, Eagle County, Colorado, do hereby certlfy that the foregoing pages 1 to 14, inclusive, constitute a true and correct copy of the Record of the proceedings of the Town couniil of the Town, taken at regular meetings thereof held at the }lunicipar Building in vail, colorado, on Tuesday, the 6th day of June, 1989, cornnencing at the hour of 7:30 p.r!. and on Tuesday, the 18th day of July, 1989, cornnencing at the hour of 7:30 p.tr., as recorded in the official Record of the proceedings of the Toern kept in ny office, insofar as said proceedings rerate Series of 1999, creating Town of Vail, Local Inprovenent District, authorizing the construction and instarlation of speciar and local inprovernents therein, and approving the nethod of apportioning assessrnents to pay a portion of the cost thereof; that said proceedings r.rere duly had and takenr that said meetings were duly heldr and that the persons were present at said neetings as therein shown. ) ) ) ) to Ordinance No. ..(, Colorado, Booth Creek It is hereby further certified that the published in full in The VaiI Trail, a neerspaper having .general circulation in the Town and legally Town publications, on June 9, 19g9, and in .fuLl in on July 21, 1989, as evidenced by the affidavits attached hereto. Ordinance was published and gualified for said newspaper of publication IN WITNESS her hand and the seal (TOI{N sEAL) WHEREOF, the undersigned has of the Town this ilVJ day of hereunto set JuIy, 1989. Town of VaiI -22- Affidavit of publication of Ordlnance in fuit and notice of public hearing thereon. -23- o Aflidavit of publieation after second of Ordlnance reading.in full -24- -c' I ,g$l f.> :Eq d<ol fl EI TH ,c j H$dl E]ii erl 8N ol 7+ B;9E T!T: E€a6 E F"r e5 9o c-ics E1 EI E{ E"$E) -El o b s I I J I I c h N R E ts $ fi i t sl gE EQ :l BJ rJ g$ EJEE F: f i :EFE Ce"€q Esis ; $gi figg$€i iEEJ EgfrE iift EfHi E I o g , 5a I x o z x 2 tsl Ft z o o e R b t! E6 9 o I E ! B b E E.0 a fls HE p F o E E E o E \- o DEPARTMENT OF COMMT'NITY TOWN OF VATL 75 S. FROIiITAGE ROAD VAIL, CO 81,657 9'70 -479-21_38 NOTE: THIS PERMIT MUST BE POSTED ON ,JOBSITE AT AI-,t TIMES ADD/ALT MF BUILD PERMTT Permit #: 899-0172 Job Address: 3094 BOOTH FALLS m Statrus...: ISSIJED Locatj-on- .. z 3094 BOOTH FALLS CT (BOOTAppIied- ..N07/O7/L999 Parcel No..: 2t-01-023-02-oot rssued...: 07/08/1-999 Project No.: Expires..: 0L/o4/2000 APPLICIAI{T PLATH CONSTRUCTION Phone: 970-949-L905 DRAWER 5920, AVON CO 81620 eoIirTRAqroR Pr.,ATH CONSTRUCTTON Phone: 970-949-L905 DRAWER 5920, AVON CO 8L620 OIITNER BOONE CATHERTNE S & MICHAEL 7256 S BOI]LDER RD, BOULDER CO 80303 TOV/Comm. Dev. Firsplacc Infon tion: RoEtricEed: Y #of Gaa Appliance€ |*Of Cas IJogE:*of Wood/Pa1I6C: t*rr'.rfiiir**r FEE SWMARY *r*'riirrtrta*r Building-----> Descript.ion: REROOF SIIAKES TO SIIAKES Occupancy: T)4)e Construct,ion: Dlpe Occupancy: Valuation: PIan ch.ck---> 377.75 R]- Multi-Family V 1-HR T)l9e V 1-Hour 66 ,837 Reshuarant Plan Review- - > DRB Fee------- Clean-up spproved amount date Add Sq Fts: .00 100. oo Total ealcuLatcd Fcea- - - > Addit,lonal F66E- - - - - -- - -> Total Pert0lt Fee'------ -> PalrdenCE-------- BAI.ANCE DI'E---- Inva€Eigacion> Will call----> .00 3.00 RecreaEion Fee----------> .00 cl€an-Up oeFosit - - - -----> 1, 3O1 . ?s - 00 1,3 01 . ?5 1,3 01 .?5 . oo TOTAL FEES- - 1, f,01.75 DepE: BUILDING Division: rJ .lUYl Dept : PLANNING Division: Dept: FIRE Division: DepE: PUB WORK Divi.sion: 7 e e e I 0 I 0 r 0 I E 7 t, 7 |- t BUILDING DEPARTMEI.TT JRM Act.ion: APPR PLANNING DEPARTMENT .]RM AcI.ion: APPR FTRE DEPARTMENI JRM AcI,ion: APPR Item: 05500 PIJBLIC WORKS 07/07/L999 JRM Act.ion:APPR m 0 m 0 m 0 m 7 7 0 o 0 9 0 9 0 L 9 4 o 6 9 5 5 9 5 9 5 9 5 0 1 0 1 0 1 0 0 0 0 0 250 .00 APPROVED N/A N/A N/A See Page 2 of this Document for any conditions that may apply to this permiE DE CI.ARATI ONS I her.by acknoslcdg€ t-haE I hav€ read Chj.B application, fill€d or.rt in fuJ,I the inforEation rcquircd, cotiplets6d .n accurag. pl,ots plarr, and €Eatse Ehat .Ll the inforhation providec ae required ie correcl. I agr€e to conply wiEh the inforrsation atrd plot plrn, bo conply nith all Town oldinanceE and Ecate ]4ss, and Eo build tshiB structule according Eo the Aown's zoning and subdivision cod.6, de6ign rcvies approved, Unifom Builling Code and oCher ordinances of REQI'ESTS FOR INSPEMIONS STIALL EE MADE TWENru-FOT'R HOTJRS IN ADIANCE g.nd Clc|n-up D.po.it. To: P!,ATH fl Refund applicable Ehaleco. *********************:l********************************************************** COIIDITIONS PermiL #: 899-0172 as of 07/08/99 Status: ISSUED *******************************************************************************:t Permit. Tfile: ADD/AIT MF BUILD PERMIT Applied: 07/07/1999 Applicant: PLTATH CONSTRUCTION Issued: O7/O8/L999 970-949-L905 To E:rpire z 0t/04/2000 ilob Address: Location: 3094 BOOTH FALI-,S gf (BOOTH FAILS CONDOS)Parcel No: 2LO!-023-02-001- DescripEion: REROOF SHAKES TO SHAKES Conditions:1. FIETD TNSPEETIONS ARE REQUIRED TO CHECK FOR CODE COMPLIAT{CE.2. AIJL PENETRATIONS IN WALLS,CEILINGS,AND FLOORS TO BE SEAI.'ED WITII AN APPROVED FIRE MATERIAI .3. SMOKE DETECTORS ARE REQUIRED IN .A,LL BEDROOMS AND EVERY STORY AS pER SEC.31_0.5.1 0F THE 1997 IIBC.4. FIRE DEPARTMEI{T APPROVAL IS REQUIRED BEFORE ANY WORK CAN BE STARTED. rr,rfi trrr!rtrft r.rri,?rr!r*rtrr'trrtttttt.raa.illrr.rr*rtrirrwrrrt SOI| OP VIIL' COIIoRAITO gerg.drt trttrroartrlr irtttt * r''rlrrrr !tt it+* rr r rr i rt i !t!tat ll t ri r r *r,r{ ritt lla * ai gtrtr[ne lfulbar: REc-0539 lEoune !1,301.75 o7 /oe/99 09.09 gry[ants .Uhod: CE NotatLon. 23430 - Pt A:Il Inlr: Jl{ Prr&l.u !fo: Prrcrl l{o: gLt. lddlcr. r lgcttsion: Ihl. Pryu.nts 999-ot72 TlDc: l-Mr AIID/AIJT ItF BsrLD PER 2LO7-O23-O2-OO7 3094 BOOIIT Plr.Lg qt 3094 BOOrH pA&Lg er (BOOIH pA!!S e(nfDOS) Iog,r1 F€.a: 1,301.75 1'301.75 ToEEI AIIL ltrEa: 1.301.75 Balanca: .00 lccounC Codc EP 00100003111100 DR 00100003112200 Pl 00100003112300 ID D'-I'EPO8 tfc 00100o03112800 DlFcriFELon BT'IIJDIIIG PERIIIT FBES DEoIE{ REVIEW FBES PITAII CIIECK FEES CDE,ATIUP DEPOSITS IIIIJJ CAIJL 1}ISPPS TON 8EE lrounc 575.O0 100.00 250.00 :.00 'fi oz OD ot I o c; t{oz OD .o OU a.l E iE o o o o o o o o (rl o o o o o o il J5 fi8 FI F' EE aCl 6B $t 5 H B 6 !I o F I I D E a a o rf,q9 AIE .\F ct at I3l 6r t!ra E o o o E (.,a o F, e E E It c F N U 5 6 6 g H E E U 6 H t rl o EE EO TE E4 n o ll ,{ I{ tr az Eat E9 9,{ n FE l.i ln o E a HE 89 E4 A q E rj E E o *H !l t H B t A l.{H6 a.'.a E 'E o oE H CO E f;8 A l.l Fl E C'| E ;a o A F E c c H E H ql I E o ?c OD ogt EIl|.l C'aO .ag actd rot EEP I \'|IIN |.F YAIL rrl.rNlt I |au[, I ItJn| rElIlUl I |tlrFLrrrA r lt nt ruJllll af,c703?j8ffiftPuE/# Ne( turi6'fl7Etugleco,rty ,,uL 0 6 lggg Pe"zl* &bAtltlntc: Brfldiqg( )PlEtrbiqe( )Elcfiricil ( )tviechiel( $:orclk Subdivido4 owncrsNaoe: AdfrE$s: 3P4.!, Addttss: Ilcaiptim of tdrder of Aaoonrnodation Units Wood/Fdl€t vAr_uAT]01{S Er-EcrrrcAL $ orrrEk r-&,f?.@.-MECI|ANTAL$ TOTAL $ Addes: Phme# Phone # Address: Phone# FOR OFFICEI.EE P€rnit# \-.U-o'4^td JSNmc: Scdl*- tso-!.\a L-OrflOA + gatan \Aj&6) roo |a1.asa.-,\Vqttu: NeC ( ) Altrrflie( ) Nnnbcrof Dudling Uniu: NrdcrndTtlcof Fnedaos; fu dSians-.- GaeLogs BTIILDII.IG $ PIIJMEINC S GOiITRASTOR INR'R|i|ATTOI{ GeoenlCotrrCof ^"d) TowrdYailResigcdiotrm. i 48 -O n"n" ElaflrlcrlCl@on Towrt of Vail Rogistadon No- PhnbturQmfircton Tum of Vail Regislutirn No. McchrridCorffichn Toru of Vail Regimrion No- BUILDING: SIGNATURE; ZONII{G: $lG[rlATl,JRE: CI=EAII UP.DEtrOSIT REEUiID TO: e-f {)I e .! € I T r| F t5 E t 1' I E ro a t .t o E J H q ra v7 & 5 d rl € 6 .' * ? E E b 3 t! 'H g E .E I a E E e .E E € fr E e I I e .3t rE .Eg #s I E tr ct $..(D a E$5r- :E'? > E,ffi EiA HF { IFE g E "Hr s g B .v (.1 ta tll Fe --O g 8E !trt< E 3 E 2 E€E EEd EE € H i t EI $ fr i i q[ E 2 EE Eg & E E .g E5 .H E E g 6F : E$i E5E E sEE fEE E;.8 ; F€€e e E€ 4r Eli xE .5i E_E E E .EE tr €; ?g EE $rr gE ,eE t .!i H'!t d FE c il 5 lie 3AF 4 ,E) o tt I F * I o{F.\o E Ei go EF{ Eff tt g .{ E s E .t d ll E !o 4 x d s 5 \ EE ET EE gi i:t E3 fll g!ItF ET <t t E tr E =6 g E L I N E z tEl ID\ =|n o o o o t!o t q Page2 of3 June 29' 1999 Roofing Specification for Booth Falls Condominium Complex *iunits 1,2,3 & 17,18,19 only** r two buildines at the Booth Falls in East Vail. ldines that are associated witjr uni . All other be 5id at a later date. All pricing asurements I. Tr.ln OnF./ MIScELLANEoUS: Locations: All pitched roof locations of the two buildings which include units 1,2,3 & l'1,18,19. te. Plath C a thoroush ake all re-as 2l lnspect the sub needed. ** This work, if required, will bc an ailditi6nal charse rate for this work is to be de'termined before the start of construiti ed without prior notification of and authorization from, the owner o 3] Plath Const. [nc. will provide insurance and permits required by the TOV Building Department. Price for work in Section l;Included in the Section II Price below DRY-IN / CEDAn Sna.rrs/ Fusurxc: : All pitched roof locations of the two buildings which include units 1,2,3 & 17,18,19. lI Install a rCquired for 2l Install vents at the n consist ofa 2" x4" on with a laver of "Jift- manufaclurer. Insltl 3l All peak locations have a vent system will be keot intact the new roof system. Ice and Water Guard bi ifications. Extend menib 5l Install #l medium class 'B' cedar shakes rldge shingles as nqedgd. The.class 'E' {ng. 'aD" ovcr entire pitchcd roof area. accordinq afp roximately 12" at roof-to-waliluncturesl Xced l8\# 30 felt each course. Use starter and hip-and- cedar shalies\ll be 24" long resulting in a 10" revell to the weather. The shakes will be installed in standard pattem. 7l Install a24 sause o uiethane caulkl Cbloi' Sfred counterflashine at all roof to wall iunctures. be selected from a s-tandard color chart. the top edge with a 8l Replace pipe flashings that are 4" in diameter or less. AII larger flashings' . and endwall flashins. Install 26 dge at the ridge and-endwall vents Price for inSectionl&II:$ 54.829.00 be reused. Page 3 of3 stem is excluded from this proposal. are included in this proposal. All other buildings il. GrrunnalNorns: l] Please be advised that materials for t$s propqsal have been bid at current market prices. Plath will guarantee all pricing through July 2 bf 1999. 2l The #l medium proposal have been bid at the current market price of $ 137.95 per squar fW 6fthe cedar market. Drice chanses prior to the acceptanie oft-his tiirtion ofthe contract frice, to reflEct irny such chan:ges. 3l Plath Construction carries property damase of $2.000.000.00 per olcurrence. Plath Construction c'arri-es auto'in 000.00. Plath Coistruction krc,. carrics appropriate Worlsnan's. C.ompensation in State Compensation. No lurther Insurance coverage ls mcluded rn our pnce. , Pl guaranteeing #3 T,l?"lJ,t,",r,, owler. to an extremelv busv summer and fall schedule. all pricine in this proposal is contingent upon gce of this proirosal-by luly 2, 1999 so that woik cdn be dompletetl bj' the third wee[. of Jrily. d decks or entry's. ( There are thrce roofs aces. These robfs will be insulated to 's. the site. of 7l batten per 4' x 8' sheet of insulation.i{ ii R-30. ** 4l sed face to cover the new tlickness of the roof system. 5l Install Jifr Seal, cedar shakes and flashing as specified in the base bid. Location 2l 1l hstall the 7116" OSB, Jitry Seal, cedar shakes and flashing as specified in the base bid. Price for Option #1: Replace for the Section II price $ 66,837.00 ** Please note that the cold ioofwill be abandoned ifthis option is accepted. o o -t A B,-rn { f lJ u",'d3 t7rlS tl?. tfgtt:{bt, !l@ l'l\la' J.ztlt" Zart2'' @ '[, j &r.r," G {(s - uh,l5' lp,g Y7" ,1 )-6 " llo SG( cqlc. i"{" d*"1 P;p., 6-5e Zt/r" I e lY"" Vs qF fi*1 i,srlJ. J. 9'-t w nJ ,-l G e^/S llj: (.- vJ. w/ rq ,-aft- o REF,T131 TOI^JN OF UAIL. EtrLDRADO 09/e9/ 1999 07!56 REOUESTS - .INSFECTN tluRK SHEETS FtlR: 9/89/1999 Type: A-MF Status: ISSUED Constr: AMF trAGE 1 AREA: trD Activity: Flddre s s r Locat i on : Far"ce I I Descriptionr Appl icant: Owner r Cont nac b or : 899-0174 9/e9/t9 3094 BOOTH FALL.S trT 3094 BTIT]TH FALLS ET Elot -qeS-ae-aot (BOOTH FALLS CONDOS) Oce: Fhone r Fhone: Fhone: Use: V 1-HR 974-949- l9rZrE 97rzt_949_ t 9r?ts REROOF SHAKES TT] SHAKES PLATH CONSTRUCTION BBONE trATHERINE S & MICHAEL F.LATH CT]NSTRUCTItrN Inspeet i on Req r-re s t Requestorr FAM Req Tiner ttl:O?t It ems req r-re st ed to fiA0ger BLDE-Final Information..... Commentg: ROOF be Inspeeted,., F,hone: 949-19Q5 Act i on Time Exp Inspect i on Hi st ory. . . , . Itern: ra0;e6 FIRE DEFT. NOTIFICATION Item: [tO51tzl driveway gr*ade' f inal Item : gtAAtrA BLDG-Foot inqs./Steel Ite : gtrZtOSB BLDG*Foundert ion/$teel Item r EOFPTZ' FLAN-ILC Site tr1an Item : tletUtSrA BLDG*.Fr.rming Itenr Utgt€r4B * * Not On File * * It pm : lAerDSrZt BLDG*lnEt-tlat i on Item: [ttZrA6A BLDE-:SheetFock Nai I Item: rZrAOBtZt + * Not 0n File * * Item: AA@7fr BLDG-Misc. Item : A'atZrgA BLDG-F inal I t em : rzilZl5stZ BLDG-Temp. tr/O Item: tZrAS31 FIRE-TEMF. C/E It em : Ael5SP trt,,-TEMF. C/A Itenr: er0533 FLAN-TEMF. C/A Item I OIZI337 F.LAN-FINRL C/Q Item: ?lO53A FIRE-FINAL. C/O Item I 4fi539 F,td-FINAL tr,/O Item r AAS4rZl BLDG-Final C/O Comnents "9. / 1 75 3outh frontage road Yell. colorrdo 81657 (o3) 4792138 (3dl) 47S2139 offlce ol community deYelopment November LL, 1991 Ms. Susan Fritz Booth Fal1s Townhomes P.O. Box 356 Vail, Colorado 81658 Re: Booth Falls Townhomes Dear Susan: Over the past several months, our office has been working toward finding information as it relates to existing and potential construction at the Booth Falls Townhomes. Enclosed is a summary of the existing and allowable gross residential fl-oor area (GRFA), site coverage, and number of units. AL this time, Lhe only enclosure which has not been counted into these statistics in the proposed deck which Jerry Greven has proposed. We would appreciate it if you would pass this i-nformation on to the other members of the condo board of directors - T ank ou very mu h.t( cal Sincer lly, .,./(/< / .Fr, l 6- \r W1 /,-" Betsy {osolack Planning Technici n If you have any questions, please feel free rL/t/97 BOOTH FALLS ZonE: LDMF Lot area: Buil-dable = TOWNHOMES 1061386.3 sq ft - 21r900 (over 40? slope) = 84,486 sf 84,486 sq ft AlLowable GRFA = 308 x buildable area, 84,486 - 25,345 sf Existinq GRFA: 8 A type units G l-l-01 (dimensioned drawings) = 8808 4 B type units @ 1246 = 4984 6 c type unirs G 1400 = 8400 . Total existing GRFA = 22,192 Allowable GRFA = 25t345 Existing GRFA = 22,192 3,153 sf ?99 enclosures of decks 2i 354:iisf 61 1l,<L a^clg*a 'n^: l' /l lt @ -> sEe- recP-+<b34 Allowable I ExisLing site coverage = 35* x 84,485 sf = 29,570 sf site coverage = 1L,65? sf L7,913 sf Enclosures 4;*5r5r t+U"U ?' lb,.l,iil .o# ,4& ",$' H*u*""* oF uNrrs: Allowed: 9 per buildable acre p1 \" 84,486 divided by 43,560 = 9 x I.9 ac = units allowed. ,ffioi..l,ta" existing) 9Ac{6ea,o-to o t t. " I (' \ Booth Falls Townhomes Allocation of Remaining GRFA and Site Coverage As of November 1, 1991 , Betsy Rosolack determined that the Booth Falls Townhomes have a , remaining GRFA of 2,354 sq. ft., and a remaining site coverage of 17,365 sq. ft. The list .r' below shows how this remaining GRFA and site cove.r:se ,,-., b€eD aij;;:!fd' Description of Addition GRFA Site Coveraqe 1. Fritz Enclosure of Second Stor Balcony 4-2q-f z - tz f 7z't7 ,tnlf^ ?r^ A,4>'v',,t( 4.,=t'asfu rrreGa-nrq /,eg-1q, --Ts + (f- 3 - A""{,l.L-< rrc.(E* u "4.7- tt/a/qg \ (---' -ol"e.k +* xcq.sq.{e. c'turu)L "f<( ' ' ' ''" Tt 4, A^sF,id,-,wc|p*- Jerk lp'b treKpqrd. Lcdfveuvr 5. fo/-v',-n-> T)pe-L "'o t t't--L.--'.'t t-'-'r- , Ol'\ 6. ?r"^Ai',rL tuAt/tlowre E/tthg nG 7. /t/*,1fo f,ohns rrleck , t,<'/u /az erwlo;nre- - LL't "l' t lO' N q Ltxf h\aL'h*I' d,'V qfur tuoa 3,aoe ^az1 tt7 t3 l7,2oa O l7tpg \.-./ llzos ',^' -l/ -o ,rl,lTrzct " -U-/6 ---'--- IzrqqF r l' -<)(Ia q lQ'tlre B'xs* Lt/L/ 9t BOOTH FALLS TOWNHOMES ZONe: LDMF Lot area: 105,386.3 sq ft - 2'J.,900 (over 408 slope) = 84r486 sf Buildable = 84,486 sq ft Allowable GRFA = 30* x buildable area, 84,486:25t345 sf Egistjlg_GRFA: 8 A type units G 1101- (dimensioned drawings) = 8808 4 B type units G 7246 = 4984 6 C type units G 1400 = 8400 Total existing GRFA = 22,L92 A1lowable GRFA = 25,345 Existing GRFA = 22,L92 3, l-53 sf / . ,, --/ ."' ,799 enclosures o: decks /,', .- '' '' '' /" - /-(rr i " ' ,/ Remaining GRFA 2,354 sf ! SITE COVERAGE: Allowabfe site coverage:35E x 84,486 sf = 291570 sf Exist.ing site coverage : 1l-,55? sf 17,913 sf Enclosures 548 sf Remaining site coverage 17r365 sf NUMBER OF UNITS: Allowed: 9 per buildable acre \.q 84,485 divided by 43r560 = 1e+*9 ac buiLdable 9 x 1.9 ac = L7 units aLlowed. (18 units existing) t/1,/6/ erzre o Tfsrf ls- - /t/) -'" $r Zz.1"z-3, ls-3 L",f 3, t s-.? at- 4o.L -*-.v--e-4,> t u-'Qe F Vaq lrf \,, rL / L -,tt o 6," f-&cLtl)r1. )'/, ) I // /:., _4. t la\ fre2,,t," +/ g / /(/ t | ,L r t. L YS,r' gslo yi- 0 4tf q/'4.LA 4 qq, s 4'+ 14 --r-A s LuJ-z--/ /s-3 1q'i 3{q ,./L^> L( I ,'/ 4 ', -.'k-o A t/ \ /n -Pt'/ e \ ,4t o 6<t / ..,'-i r,/,/r, 1 -4t-,t t-t -# ,- -H ,A -f,,/ 1t 7t = #t* H [z 1L/ sV'7A -- s^Y ( 1z-. S- 4,G/ )( 2( ' ,'l I l2fk/ a /.y ?C,Y = FJ-zse,L +- +t( B u*.on'(otu,-- f,r=' 4r( --+- -+'/o, xf',fr1 '/) I L 3 v I f I r 4 I /0 /L /s // 1J /c /'t tf /\- trol Itzl lLr3 Ir z-7 It L? tYV I l rz? tvy t (tz-? ILtr 3 tvy I t I z-'7 tlr/ t t L7 B--tzJ o /) --tzYL X { rr o( V * tt/tr L * tloo I ln Qrun-z^ /^.gA- ,^^" 1' CVre-ure z t?IJ /) A ( ,n rQ p A u' r7 C /3 4 yA's x ltL? yt3'.: K 1't-8j 6 L') x tYY I la+o( dKrl e{ tsf / MC (/*- a.An-*L'".*) 1t_X3 (r L? y f()tr v 4 r/ k , 7ib7 '.1,- --t az7rZl .x.--3--;"3 7, t s I /Qj- I?t s-' \ o REfn ngrBnfq,l, the area of Unit 15 Booth of 40* ground slope. 9le feet or 0.503 acres. Duane Fehringer, P.E. & P.L.S. Box No. 978 o Avon, Colorado 81620 . 9495072 Denver 89&1531 1420 Vance Street . Lakewood, Colorado 80215 o Phone: 232-0158 september 10, 1991 Ur. Jerry Greven Box 3577 vail, co 81658 Re: Unit 15, Booth Falls CondominLuns ProJect No. 91444 Dear Mr. Greven, We have nade an approximation of Falls Condoroinlums that is in excess estirnate this area to be 2L.9OO square Thie approxination is based on a topographic nap prepared by aerial photographic techniques by Horizons, Inc., of Rapid City,S.D., dated July 9, 1999, who has confirrned to me that this nap was done in accordance with National Mapping Standards i.e. rrthe naximum errotr of 90* of the elevations wiII not exceed Ll2 _o-f tbe contour interval lf not obscured by shadows or vegetatlonT-The rnap 'is entitled (BOOTH CREEK AREA FOR BAI{NER ASSOCITTION, INC.rl The map is at a scale of J-tr = 10Or with a two foot contour interval. 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E(, o c<(Jc H=:ct I _r ( c,,r\ J tJ- vr - -F It w (J p NJ -= u tJl E*oa5 dl=x=z=9d f,r{U, tJ,l tu-lo o -F ! =ul -.e-_ ^lL'l Lr rt{,;- M iL ---l- ocFJ ?+ul ..: z5 X F E trl z o l-(J f F a z o CJ o April 19, 1989 To Whon This May Concern: Thls letter is to verify that the Boothfalls Mountain Ilomes Condominium Associatlon has approved the extension of the parking lot retaining wall and the creation of addttional parking Secretary, Treasurer Boothfalls Mountain Homes Condomlnium Association B & i^3 J-r P'x 7 rE t v t f- N tJ, 5 2 tT Ffi ts€ .R fit DATE READY FOR LOCATION: INSPECTION: JOB NAME MON BUILDING:PLUMBING: o tr tr tr tr tr FOOTINGS / STEEL tr tr tr tr tr tr tr UNDERGROUND ROUGH / D.W.V. ROUGH / WATER FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION SHEETROCK NAIL I) tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MEGHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT n tr SUPPLY AIR n tr FrNl(L tr FINAL i6enoveo tr DISAPPROVED O REINSPECTION REQUIRED CORRECTIONS: INSPECTOR pffisrce .A UJ ul IJ- tr =E ul .L \N\NN dl -lH I Er N il Fl' -. rS 619 NE El;,z t6 l= lu z 3 UJ l,rl o =r E.o t! E E UJ z 3 IJJ o E c,-c (, lt =o =o F o o o q)o (! Y o o o 6 o o o o o) ! 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IJ t<r(J(J =E :JO \Q!u bN .F<rnr 4tnonoot' glL #b {te€ znnl4r/ory lnwn 75 soulh lrontage ?oad vall. colorado 81657 (303) 475-7000 department of publlc workg/transportatlon TO: FROM: DATE: RE: In sunnary, Ordinance No. 5 states thar lt Ls unlawful for any person to 11tter, Erack or deposiE any soll, rock, sand, debrls or maLerial, includlng trash dumpsters, portable tollets and workmen vehicles upon any street, sidewalk, a1ley or public place or any portion thereof. The right-of-way on all Town of Vall streets and roads Is approxinately 5 fc. off pavement. This ordinance will be strictly enforced by the Town of ValI Public Works DeparEment. Persons found vlolating thls ordinance will be given 24-hour writcen notlce to remove said naterial. rn the event rhe person so notlfled does not comply with the notlce wlthin the 24-hour time specifled, the PubIlc works Department wl11 renove sald rnaterial at the expense of person noclfied. The provlsions of this ordinance shall not be applicable to constructlon, nalntenance or repair projects of any street or alley or any utilltles in the rlght-of-way. To revlew 0rdlnance No. 6 in fuIl, please stop by the Town of Vail Building Department to obtaln a copy. Thank you for your cooperation ln this matte!. VAIL1989 ME}{ORANDI'M ALL CONTRACTORS CURRENTLY REGISTERED WITH THE TOWN OF VAIL TOWN OF VAIL BUILDING DEPARI]'IENT MARCH 16, 1988 ORDINANCE NO. 6 Acknowledged To Whom it May Coneern: The Board of Direetors of the Boothfalls Homeownerrs Assoeiation has reviewed and approved the plans to remodel speeifie external areas of Unit # l? of Boothfalls Condominiums. The improvements should add to the uniils value and upgrade the overall appearanee of the eomplex. Seeretary/Treasurer Boothfalls i:Iom eownerrs Assoeia tion READY'FOR INSPECJION: LOCATION: C-\ t i-^r Sesr\q)? tr REINSPECTION REQUIRED tr DISAPPROVED . DATE READY FOR LOCATION: JOB NAME /t r, r.-,.\.Jt|-;{-r .: }r"',! rt-j...... ^' "iF i,f: ,,rfi r{i *tt !!ei'{ tq[a}+ T.i"-i;r' I lrCt-c-rpN- EEauESf :.TOWN OF VAIL \ TUES WED THUR FRI CALLER INSPECTION:@ BUILDING: tr FOOTTNGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V,tr FOUNDATION / STEEL FRAMING ROOF & S pnoucn / wArER & SHEER tr GAS PIPING PLYWOOD NAILING tr FINAL tr HEATING tr tr tr tr tr EXHAUST HOODS PROVED CORRECTIONS: tr DISAPPROVED ';l'"tr REINSPECTION REQUIRED INSPECT DATE READY FOR LOCATION: JOB NAME CALLER MON TUES TION REQUESt': '€Pu INSP ECTION: 3nu UR FRI PERMIT NUMBER OF PROJECT BUILDING: tr FOOTINGS / STEEL tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER - PLYWOOD NAILING tr INSULATION tr SHEETROCK tr NAIL tr tr FINAL tr FINAL MECHANICAL: tr HEATING. flnoucH -tr CONDUIT - eet EXHAUST HOODS ,I.*b SUPPLY AIR tr FINAL ,* tr FINAL APPROVED 5 tr DISAPPROVED D REINSPECTION REQUIRED CORRECTIONS: I N s+"rJ*o N, gl; o u E sr' . \\ ilr -\ \i \' I Gil- PM DATE READY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING ,- ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr SHEETROCK tr POOL / H. TUB ELECTRICAL: tr TEMP. POWER tr HEATING tr EXHAUST HOODS tr SUPPLY AIR O FINAL APPROVED CORRECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR B3{s\ I ,lfip*ffft, gfiouEsr;,PERMIT NUMBER OF PROJECT DATE READY FOR LOCATION: INSPECTION: JOB NAME MON CALLER TUES rxun rEi)WED BUILDING: tr FOOTINGS tr FOUNDATI tr FRAMING PLUMBING: O UNDERGROUND ON / STEEL tr ROUGH / D.W.V. - tr ROUGH/WATER n ROOF & SHEER - PLYWOOD NAILING tr GAS PIPING tr INSULATION - . O POOL / H. TUB D SFJEETROCK NAIL MECHANICAL: tr tr tr tr TEMP. 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()- o I U z I ?l ol uJl ",1 al >l bl zl BI 9l c 't fi o 2 4 l) I {L h't p tlJ =z.J <o out :c z ,.o =<(D0 >z o-r! !DD =t!uj vu,AY E< o8 @->o var cd Pr E;i EF-oul (r:E= XUJ @-; uJ F =E. uJ rl- LU llt J F E <^ :r-7<)a< i,z -O ca F () F z J c( Lrl z UJ F Ll.J t I cc z'a,") 6INN I I I I I I .l ol z.l TIJI JI <l >l rLl ol zl 3l 91 ..t r0 C.f c;z o TU J z 3 o A N N o ;! I I I orl 'l r0l t1 zl ol i!l JI al >l EI ol zl 3l YI FI .l trl t tl I dl J.l cl Fl t"l PI ,l 3l = = ti tl tl |;lld |l tl l,l 1.4 IrU td td t< =l J crl <i 'rl =(J J tr) tl tl ll,ll4 tl tl IJ tg td tct g:E 4=() <o -< Ll.- c. zt- =f JZ o-C o TOWN OF VA|L INSPECTION CARD o P (MUST BE POSTED ON JOB S|TE) CONTRACTORS General Contractor: Excavator: Foundation: Plumber: Lrc. No. Electrician: Mechanical: Framer: Insulator: Dry Wall: Painter: Rooler: CONTRACTOR NAMES AND LICENSE NUMBER MUST BE LISTED INSPECTIONS Excavation Footings / Steel Foundation / Steel Ground Plumbing Engineering (Utilities) Temp. Electric Rough Plumbing - D.W.V. Rough Plumbing - Water Rough Electric Gas Piping THE ABOVE TO BE COMPLETED AND APPROVED BEFORE PROCEEDING Rough Framing Insu lation Sheet Rock Nail Exterior Stucco Wire Nailing Final Plumbing Final Electric Final DRB Fire Inspection Final Engineering (Utilities) Final Building UPON FINAL APPROVAL OF ALL ABOVE INSPECTIONS, RETURN THIS CARD TO BUILDING DEPT. FOR ISSUANCE OF CERTIFICATE OF OCCUPPANCY $25.00 REPLACEMENT CHARGE FOR LOST INSPECTION CARD FOR fNSPECTTONS CALL 476-7000, EXT. 101 0R 102 24 Hours In Advance Between 8:00 a.m. to 4:30 p.m., Monday Through Friday DISAPPROVED -.o TOWN OF VA|L INSPECTION CARD (MUST BE POSTED ON JOB S|TE) Ltc. No.CONTRACTORS NAME Owner: General Contractor: Cn\tN Oor-q.<rZr.<rSrOxt CO. 25G-13 Excavator: Foundation: Plumber? o PERMIT NO.t(6{ Electrician: Mechanical: Framer: Insu lator: Dry Wall: Painter: Roofer: CONTRACTOR NAMES AND LICENSE NUMBER MUST BE LISTED INSPECTIONS Excavation Footings / Steel Foundation / Steel Ground Plumbing Engineering (Utilities) Temp. Electric Rough Plumbing - D.W.V. Rough Plumbing - Water Rough Electric Gas Piping THE ABOVE TO Rough Framing Insu lation Sheet Rock Nail Exterior Stucco Wire Nailing Final Plumbing Final Electric Final DRB Fire Inspection Final Engineering (Utilities) Final Building BE COMPLETED AND UPON FINAL APPROVAL OF ALL ABOVE INSPECTIONS, RETURN THIS CARD TO BUILDING DEPT. FOR ISSUANCE OF CERTIFICATE OF OCCUPPANCY $25.00 REPLACEMENf FOR INSPECTIONS 24 Between 8:00.*".. CHARGE FOR LOST INSPECTION CARD GALL 476-7000, EXT. 101 0R 102 Hours In Advance 1'^' o.m., Monday Through Friday DISAPPROVED APPROVED BEFORE PROCEEDI DISAPPROVED iii- o PE INSPECTION: MON trB) WED THUR FRI \J--- tNs ( CTION REQUEST; TOWN OF VAIL / ./ ,1 LL|- Lltr,' ''!-i " t. '-,r,, : T{} DATE READY FOR LOCATION: JOB NAME CALLER AM PM BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL / H. TUB SHEETROCK NAIL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS D CONDUIT tr SUPPLY AIR n/a /../ PROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR DATE ,loo" ,o" LOCATION: INSPECTION: JOB NAME MON al' -j l. (-_ .,*,\ a,_.. f p r _CALLER TUES WED FRI AM PM Jt,reV !t,>*-r.r.U-- 6-aon 1 I P':- cft tT a, INSPECTION REQUEST I lrDrE\'otr,J*"btr Vfr,-*"=" 1, i ' t,*..,. .( , r,, , E.r- fi, T &^U}/ BUILDING: \. tr FOOTINGS / STEEL PLUMBING: O FOUNDATION / STEEL tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER O FRAMING n ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL O FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH D EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED ,rr#"toN neouesi TOWN OF VAIL DATE INSPECTION: JOB NAME MON CALLER TUES READY FOR LOCATION: WED THUR FRI PM AM BUILDING: tr FOOTINGS tr FOUNDATI tr FRAMING / STEEL ON / STEEL n 199.f^&il.qFn...^ tr cAS prprNc -- PLYWOOD NAILING tr INSULATION tr POOL / H. TUB -tr SHEETROCK NAIL tr trtr tr FINAL tr FINAL ELECTRICAL: MECHANIGAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR -tro tr FINAL tr FINAL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH/WATER tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR f_ DATE it ,"#"toN REeuEsr" r i 1: " ,. roliwN oF vAlL READY FOR LOCATION: JOB NAME CALLER !i INSPECTION:MoN ruEs wED rnun r"jn1)AM PM ..-it i ' /,L i tr DISAPPROVED tr REINSPECTION REQUIRED IF,APPROVED CORRECTIONS: BUILDING: tr FOOTINGS / STEEL tr FOUNDATION / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr FRAMING tr ROUGH / WATER tr tr tr tr INSULATION tr POOL / H, TUB SHEETROCK NAIL tr tr tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER tr ROUGH MECHANICALT tr HEATING tr EXHAUST HOODS CONDUIT tr SUPPLY AIR ROOF & SHEER PLYwooD NATLTNG - tr cAs PIPING tr o tr FINAL tr FINAL lr ?rhrrt/v.il # INSPECTION REOUEST VAIL 6il-i pv :-:a TOWN OF DATE u-( ) INSPECTION: U''C JOB NAME CALLER TUES @ rHUR FRI READY FOR LOCATION: MON tl BUILDING: tr FOOTNGS / SrEEt PL tr tr tr tr o tr tr UMBING: tr FOUNDATION / STEE_ UNDERGROUND ROUGH / D.W.V. ROUGH / WATER tr tr tr tr tr FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H. TUB SHEETROCK NAIL tr FINAL tr FINAL ELEI trT CTRICAL:MECHANICAL: trT __-t -Irl{ I trc tr_ EMP. POWER tr tr tr tr HEATING OUGH EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL tr FINAL APPROVED tr DISAPPROVED O REINSPECTION BEQUIRED CORRECTIONS: i "i-DATE INSPECTOR '- UEST o RE VAt N OF i INSP DATE READY FOR LOCATION: JOB NAME u!D CALLER TUES WED THUR FRI INSPECTION: BI tr tr tr tr 6 tr D ILDING:PLUMBING: tr UNDERGROUND FOOTINGS / STEEL FOUNDATION / STEEL - tr ROUGH/D.W.V. FRAMING tr ROUGH /WATER tr GAS PIPING INSULATION D POOL / H. TUB SHEETROCK NAIL tr FINAL ELECTRICAL: O TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr FINAL OVED CORRECTIONS: tr DISAPPROVED D REINSPECTION REQUIRED oerc {p-/r, 'E 3 JoB NAME -j CALLER MON TUES READY FOR LOCATION: INSPECTION: BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr ROUGH / WATER {.rnnvrr.ro 0i',' l lf tr GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB FINAL FINAL ELECTRICAL: O TEMP, POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR D FINAL tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: INSPECTO CTION REOUEST OATE READY FOR LOCATION: JOB NAME i VAIL OF -..: 2 INSPECTION: CALLER MON ITUES - --: " " ,t r. THUR FRI AM BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH/WATER tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER - PLYWOOD NAILING tr GAS PIPING q INSULATION tr POOL/ H. TUB tr SHEETROCK NAIL tr tr tr tr FINAL FINAL ELECTRICAL: tr TEMP, POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr tr tr D FINAL ,tr./APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR o I DATE j.l READY FOR LOCATION: INSPECTION: JOB NAME MON CALLER TUES WED THUR AM PM BUILDING: PLUMBING: tr FOOTINGS / STEEL tr UNDERGROUND tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr FRAMING tr ROUGH / WATER tr 19.9.1^&ji-EFn...^ tr cAS prprNc " PLYWOOD NAILING B INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr trtr tr FINAL tr FINAL ELECTRICAL: MEGHANICAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr ,-;:' tr tr F/N4L tr F|NAL 7lg/'aeeaoveo CORRECTIONS: T] DISAPPROVED O REINSPECTION REOUIRED t/DATE INSPECTOR INSPECTION REOUEST TOWN OF VAIL ( lti JOB NAME DATE CALLER READY FOR LOCATION: INSPECTION: MON :_,i ,f I ,:.i TUES ., WED,, THUR FRI -.-./ PM BUILDING: tr FOOTINGS / STEEL PLUMBING: D FOUNDATION / STEEL tr UNDERGROUND tr ROUGH / D.W.V. D ROUGH / WATER tr FRAMING rr ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL r'l tr n tr FINAL O FINAL ELECTRICAL:MEGHANICAL: E] TEMP. PO tr HEATING IilTROUGH tr tr tr EXHAUST HOODS tr tr CONDUIT SUPPLY AIR tr FINAL tr FINAL APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED ' ''' , 't- a ," (,'-. / .. -. /.. ,./ /INSPECTOR lrl o J o.q l o o o z o o z F t,o uJ o o- u, 9 0- @ z o o 7 F :r 'Yt uz Booth Creek Associates, a Lirnited PartnershiP c/o Mr. Frank Cameron & Mr. Peter General Partners c/o Mr. Frank Cameron Cornish & Carey L80 University Avenue Palto AlEo, California 9!+3OL Mr. Frank Cameron Cornish & Carey 180 University Avenue Pal-to Alto, California 94301 l"lr. Peter NeweLl 2749 Pi-erce Street San Francisco, California 94L22 Rouse Investing Company, Inc.Attn: Mr. Thomas Trowbridge, Jr. 555 California Street San Francisco, Caiifornia 94L04 April 26, L977 Newe11, , Vice President RE: Paving of Booth Falls Mountain,Homes Parking Lot and Driveiay, and Absense of Certificate of Occupancy. for Boorh fitts MounEain Homes Project ("the Project") Gentlemen: The Board of Directors of the Booth Falls Homeowners Association, Inc. ("the Association"), met on Monday, April- 25, L977 , to discuss the paving of the parking lot and the lack of a Certificate of Occupancy for the Booth Fall-s Mountain Homes Project ("the ProjLct"). Following the dis-cussion, the Board votEd unanimously to present you with the facEs behind these topics and with Ehe Association's intenE concerni-ng resolution of these toPics. of the parking lot and drivewaY -d that uhe Town of Vail required, roject was consEructed, !h1! _ired by this ordinance sha1l be paved . " This requirement is found in "ArEicle IIl | -'supplenentary Regulations, SecEion II: Off-street Parking and Page 2 '. Loading Requirements,. Subsection (d) (2) (f) :Surfacing" of rhe Tgqr 9f Vail, Colorado, Ordinances, Series of 1969. A copy of this languange is attached for your review. In addition,-the entrance driveway to Ehe Project was built with an average slope of 10. 9"L (3O feet of rise ov-er 275 feet of Length) , therEby violating the Town of Vail Subdivision RegulaLions dated January, L970, Section 2(6)(b), which reads "Maximum percent of street - Minor Streets 10%. " A copy of this section is enclosed for your review. Please also be advised that Peter Newe1l, a General Partner of Booth Creek Associates, a limited partnership ("BCA"),in signing the Application for the Project Building Permit dated March 23, L973, agreed and coumitted to adheience with all ordinances of the Tovrn of Vail . A copy of the perurit application is enclosed for your review. Further, please be advised that BCA warranted and represented to at least Ewo Property Owners, that the Parking Area would be paved at the sole expense of BCA.. Finally, Ehe Association has obtained a bona fide bid for your review (attached) in the amounE of $6,734.00 to prepare and pave the Parking Area. The specifications in this bid are generally consistent with those recommended by the Tor.rn of Vail Engineer due to the steepness of rhe driveway At $6734, the bid is approximately one-half the'$10,000-plus cost esEimate we expected. Concerning the CertificaEe of Occupancy ("C.O."), please be advised that the Town of Vail has never issued a C.0. for the Project, osEensibly because the Parking Area was never paved in accordance with the Tovrn Ordinances and the driveway does not comply with Town of Vail Subdivision Reguiations. Furthermore, none of the olvners was notified by the Seller that a C.0. for the Project does not exist. Indeed, the implication through closings of individual units has been that a C.0. had been issued and that all ordinances and regulations of the Town of Vail had been fully met and complied with. You uust understand that, with no C.0. in existence, the Town of Vail has the right to evict any or all owners from the Project, which would cause substantial damages. This situation is clearly unacceptable Eo the Association and to the individual olJners. As outlined above, BCA or Rouse Investing Company, Inc.("Rouse") or both has (have) the clear obligation to pave the Parking Area and to provide the Owners with a Certificate of Oecupancy to the units, which they purchased in good faith fron the BCA and/or Rouse. Therefore, the Board of Directors Page 3 of the Booth Fal1s Hbmeowners AssociaEion, Inc. hereby gives fornal notice to all the addressees of this leEter of the Association's intent to Pursue all lega1 remedies available, unlessr 1) funds required to pave the parking 1ot and driveway ($6734 bid attached) are deposited with the Association; and 2) the addressees of this letter or any of them, cause Ehe Tov,rn of Vail to agree in writing to Provide a Certificate of Occupancy irmnediately following paving of the Parking Area. These two conditions must be net and satisfied prior to June 1, L977. The Association would of course be agreeabl-e to any of the addressees of this letEer paving the Parking Area for a sum less than $6734, provided of course that said paving was of a quality comparable to the specifications of the atuached bid. The Board of Directors of the Association has auEhorLzed and directed the Officers of the Association Eo pursue all available remedies to obtain the C.0. and to see thaE the Parking Area is paved properly, without expense to the Association or to fhe owners-of indivldual units in the Project. While litigation is a poor resolution of any dispute, the Association will-noc hesitatb to file appropriate action if you do not satisfactorily and promptly fulfill your obligations. By sending a copy of this letEer Eo Transamerica Title Insurance Company, the Association intends only to notify Transamerica. lit1e Insurance Company of the absence of a Certificate of Occupancy for the Project. Please provide a wriEten cormnitment from the Town of Vail to provide a C.O. following paving of the Parking Area, and alsb please send funds for-paving of the Parking Area in the amonnt of $6734, Eo l'tr. P. E. Ordway, whose address is shown beJ.ow, at your earliest convenience. Dan Dolenc PresidenE Booth FaLls Homeowners Association, Inc. ' 1 ' --+ '\ -t---- n J r"^^..-h Dto-X"^.J - Tinothy Dietrich Vice President Booth Falls Homeowners Association, Inc. Sincegely, (S lgnatures Continued) Page cc: 4 Tbomas F. Leonard Assoctation, Inc. Phlllp E, Ordway Treasurer Booth Falls Homeowners Association, Inc. Box 1881 Vall, Colorado 8L657 Frederick S. Otto, Esq. Town of Vai1, Colorado ' Attn: Jim Lamont Kent Rose Transamerica Titl-e Insurance Co. Attn: Dick Kessler Enclosures CERTIFIED MAIL Return Receipt Requested t/\ N d \0 $t t {N $ s NOIVn]VA { -a't V- !J z o9 -E z F '86 FIE t4(J ^>:z =< o.O >o FO ;.i "-\ v 3 lt 2 tr 4 v, uJ o r{> r.E <9 FO !tF <!l -th A =< 2z o< FF <O i!|q <o Flll o><o c< &l ts, F |q ,.1 3 z I I tr,l IJJ llJ c)z f ur z 3 tr t! J tt u,l J J F r! J t! J F z uJ =ul qr I t t ! .E =r =E o lr eto -?=o E'I b- l 0 o il.,r lNsPEcTlf.f FIEOUESTT rowru br ,o*, /l?*"'n cnllen /r'TIME RECEIVED AM PM E orxen D pnnnau LocATroN READY FOR INSPECTION WED THUR FRI -nru.Fn,t MON COMMENTS: fGj B neeRovED D orsapp RovED ! nerNsPEcr ! ueoru THE FoLLowrNG coRREcrtoNS: CORRECTIONS {ill trfr'l'rJCrl : B&BEXCAVATINGIN c. "o*'^l#-7* ,r-.,// err/o 9 PHON€ STREET 4n- y'4 Cn. o .( c'w' srATE *""17o ,o/ , G h ,f/19 7 JOB LOCATION ARcHtTEcr ./OATE OF PLANS JOB PHONE We hereby submit specilicatrons and estima!5lor: J,l i)L/.,/.s S4+)n',i ahd,f XSf fiIfUyUff hereby to furnish material and labor - compleie in accordance with above specifications, for the sum of: o(ars ($ Alt matsrial i3 guarantled to bo ,3 sp.citied. All work lo be completed in a workmanlike nranocr according to standard p.actrces. Any alteratron or devratton rrom above tnecrtrca Authorized trons iflvolv'ng ert.a costs wrll be erecuted only upon wrrttcn orders, and wrll beconre .ln SiSnature axtra charge ovcr and above the cstimate. All a8reements contillaent upon strlkeS accidents or delals beyond our control Owner lo carty lrr!. to.nado and other nccessary Insrrance- Our worters are lully covered by worlmen s Compensation tnsu.ance wlthdrawn Note: This proposal may be by us rf not accepted wrthin oays. Affr;rlUrrff rrf fi/fupur[l -tn" above prices. speciricat,ons and condrlions are satisldctory irrcl are lrereby accepted, You are authoiized Signaltlre to do the work as spcciired. Payment will be made as outlrned abovc Signature Dale of Acceplance; flrrrprrsal Page No. of Pages ReSuiremf s width of all vehicular entrances and exits ahall not exbeed one foot for every three feet of the greater of: (i) Iot frontage' or -'' of thd lot' No entrance (ii) average width or exit shall exceed 30 feet in width' (e) Aisles' Aisles ehall be provided afforcling unobstructed vehicular Passage- way between each parking sPace and one or rnote accessWays ' (f) Surfacing' All opcn parking aleas tequired by this ordinance shall be paved' except parking ateas for one and two- familY dwellings ' : ArEicle Sectlon Sectlon III Supplementary Regutations l+,3it;itii'5t::tl3' Loading (a) The minimum number new or substantially reconstructed Single-familY and two-farnilY residences Multi- familY (townhouse s' .p"-"it"."'", c onclominium s ) Public eccommodations iotcls, motels' lodges SECTION 3. SCHEDULE OF OFq STREET PARKINqIND LCANING. REQUIREMENTS: of off-street sPaccs required of every building shall be as follows: PARKIIIILSSIBLI4EII USE 2 sPaces Per dwelling unit I l/2 sPaces Per dwelling unit I sPace for cach rental unit _39 TE:Subdivision Section 2: Regulations for Town Streets A- Circularion Horizonl Alionment of VaiI, JanUary 19lU Facilitie" O 6. Cross through streets which cannot be directly aligned at intersections shall be separated by horizontal offset of not less than I25 feet between centerlines, provide j ;i:at this requirement shalll not apply to lhe align::rent of short oppcsing closed end streets. Vertical Alignment a. No vertical grade shall be less than 0.\Vo, in order to facilitate adequate drainage. b. Maximurn percent of street grade, except as provided in c, below: -Minor streeLs L}Vo Collector streets 9% Arterial streets 576 c. Street grades shall not exceed four (4) per- cent for a distance extending at least forty feet in each direction from a street inter- section. Visibility Requirements a. Minimum forward sight distance of fifty (5C) feet to be maintained throughout the vertical and horizontal alignment; measured from a point four feet above.the centerline to a point 18 inches above the centeriine. 7. -2D- ,'o DESIGN REVIEII' BOARD DATE OF }IEMBERS [IIETING: PRESBNT: il ACTION TAKEN BY BOARD MOTION:n;/r VOTE: FOR: Un2nmur.z- ABSTIINTION: u/A /a//" SECOMED BY: AGAINST: -/APPROVI]D : t./ DIS/rPPllOVliD: SUhINA)lY: ) ,//.t-zv/ , o I I i t -I e :T *5 s -'tr =\5 =-;-€s Ii r : )1" t I tro<)-rH tr-A,L.L_-- uN\*r * ii Iv."^\ SC_c, -f [- \G -(:- (rt* \ s<-,r\'--.c- y,'= | -.r. ,4. - P.N.A., INC, 3OOO Sand Hill Road. 2-235 Menlo Park. Callf ornia 94025 (415) 854-6115 August 3, 1977 /'?-zZ h t ^^t Mr. Lawrence C. Rider Town of VaLl Attorney Box 100 Vai1, Colorado Re: Booth Fa1ls C.O. Dear Mr. Rider: Enclosur e now com- General Partner Booth Creek Assoc. Enclosed is a check for $1,126.76 to cc-,'er the water assessnenc arrearage for Booth Fall-s to December 31, L976. I further unders tand the paving of the parking Lot is pleted. Therefore in compliance r,zith ouri mutual agreenent, we would appreciate it if we could now be issued a release and certificate of occupancy for Booth Fa1ls and arrangduents made to return the $500 cleanup deposit paid when our building permlt was originally issued ln L973. Thank you. cea D u'+a* office of the town attorney May lI. L977 box 100 vail, colorado 81657 (3031 476-5613 Mr. Peter Newell 2749 Pterce Street San Francisco, California 94L23 Dear l{r. Newell: This letter is to confirm our teleplione conversation of lilay 10, L977 concerning the payment of the water arrearage and the paving of the parking area for Booth Falls Mountain Homes Project. In that conversation you indicated to me that Booth Creek Associates, a limited p.rrtnership' in which you and Frank Cameron are the general partners, and Rouse Investing Company have agreed to the following: (f) To have the parking lot and driveway of Booth FaIIs Mountain Homes paved in accordance with the Townr s standards and regulationsi (2) To pay the arrearages in the ivater assessment for Booth Fal.ls Mountain Homes in the Ermounc of $1126.76; (3) To pay the water arrearage and pave the parking and driveway before June 1, J-977 except that the deadline for the paving may be extended a reasonable time depending on inclernent weather and the availability of a contractor to do the work; and, (4) rf any unit is sold at Booth FaIIs by Booth ' Creek Associates or Rouse prior to the com-ptetion of the work, you will deposit with the To\^In a sum sufficient to pay the cost of com-pletion of the paving and the remaining amount of the water arrearaqe. Mr. Peter NewelL May 11 , L977 Page 2 Upon the Payment of the water assessment and the satisfactory completion of the parking and driveway paving the Town will issue certificates of occuPancy for Booth Falls. In addition, when these items are satisfied, the clean-up deposit (if any) that you paid will be returned to you. of course, the return of the clean-up deposit will depend on approval of the site clean-up by the Building Official . lrlould you please have the appropriate people sign the enclosed copy of this letter and return it to me? Enclosure ri Approved and agreecl to: ly, By Frank Cameron as.general partner for Booth Creek Associates Rouse Investing Company, Inc. President (Seal) Attest: PeteFNewell as general partner for Booth Creek Associates Lawrence C. Rider Town Attorney Secretary E '-t '. !. d A vl ft \J --"I v :t: ;L j. .! i . ' sl:\ ' ' t r'P, ..:'.. -: ::) r, , .,i." |:jr|'1.','i ' i: ,-r.,i, ,.. ". ,t. 'tl i::. ;t i'-=| :". "|,:, , id'1, ;-l . l . i :1 :.1 . i,.!t .,i . :-li q \ t., ,r ll !4L i ,-:'A.'t /' z ;:"-T-t,*-'.--jF;=if; - _ ..r_ S1A:i !,i a,ri t.{.,_n r i:15-.\:i! C, ]:;t1 r D::.r.:t , ) +i ';!r I it B ,i :i i |.- .; 'a 4,t t./rr t -th r,,,ni IR:ir .\S:Lr tA..s.I r rDt.!l i..t_. r_trr. srAii: 0i coloR.Abo crn &s CLrl \-iY oi DESaER forer{olng instrurenr j ::,::,:":;.;,1:;,,;,{";.ij:iij::l:. jt.:f:;:,:":tl;i,.: .:t:.f:+ Hl cooisston erptre" '... -.... .:.- !i:..:i 1 .,-, ., ..__ sr.n"ss .'v,,"* "no.rr,.,",ll._-.-''| - ..-f---*.' l d" ,.1, i tr t rNsne{rru Tv-WN OF FrEEUE6T VAI L oerc !'t2: JI JOB NAME TIME RECEIVED AM PM CALLEB E ornen MON COMMENTS: I wEDl TUE E pnnrrel LocAroN READY FOR INSPECTION THUR AAPP RoV E D ! orsaeeRovED P ueorrr rHE FoLLowrNG coRRECTToNS: CORRECT|OIS(1)..t-.-.o,, uo,.rto a,. ! nerNsPEcr DATE Hovornbrr 50, | 975 H. 3, llc l nbergrr , P. O. Box 62il Brockrnrl dgo, eol orcdo R - Vrl l, Colorado Tony Rorrl S ugrr I ntcn dtat dt Gent I oran: Thlr It to lafsrt you thrt ths rcrcr rorvlco I Inc to thc Booth Fellr proJ.ct nsrt br rcgalrod brforc te tlll iurn th. rrttr on far thc proJecf, Thc Vtll lfafrr and Srnltatfon 0lgtrtct aodo tho rrrrr tap,but le not refpoorlbla for thc gerylcs llne--thlr lr entlrcty fhe ornerrl rclpon3 lblllty. lf you havo qucstlonr, glaatt eoaicet nl . Yourr truly, YAIt IATER AilD SAilITATIOI{ DI3TRIGT o rNsPEctoN FtEolJEsr TOWN OF VAIL onre ' ll-1^ 7A TIME RECEIVED JoBNAME Eaor4 Fr4Lcs AM PM CALLER E orHen f] pannal LocArroN READY FOR INSPECTION WED THUR -,.-..J|FRI I AM' PM v TUE COMMENTS: ftnee RovE D ! orsnppRovED ! nerNsPEcr fl uporu THE FoLLowrNG coRRECTToNS: CORRECTIONS I DATE fl' r?-- -15 rNsiPEcictu FIEEUEST VAIL CALLEF E pnnnnl. TUE READY FOR INSPECTION WED THUR FRI /oir* ---_-V fl or snee RovE D FOLLOWING COR RECTIONS: I nerNsPEcr DATE tt-5-73, INSPECTOR rNsPEcloN F|EtrUEST VAIL DATE '[o,l?,1j ') ., JowN oF l)a_d,t.{._ "l-r, {,(* TIME RECEIVED JOB NAME PM CALLER ! ornen MON COMMENTS: E penrtnl. LocATroN READY FOR INSPECTION TUE THUR FRI AT AM PM APPROVED E upon rHE FoLLowrNG coRRECTToNS: CORRECTIONS florseppBovED E nerNsPEcr r.s\e rruspecion lQ- rt - 1t I rNsr=.loN FrEouEsr DATE JOB NAME rfME REcErvEs / O,. o'O @eta CALLER TOWN OF VAIL 6u,,f ilo y5 €S E pannnl. READY FOR INSPECTION MON GOMMENTS: fieee RovED fl otsnpp RovE D fl nerNsPEcr S urorrr rHE FoLLowlNG coRRECTToNS: coRREcrroNs?E t N Fbeq S/n,eJ /N e rNsPEr|lor FrEouEsr TOWN OF VAIL /owNtJoOs€s oow f'Cct 73 JoBNAME 6ooz-gFrtee) rlME REcErvEo /3lS AM @ CALLER C A(C E ornen MON COMMENTS: TUE E penrtel LocATroN READY FOR INSPECTION WED THUR frnee RovE D n otseppRovED D nerNsPEcr ffueoru rHE FoLLowrNG coRRECTToNS: coRREcTfONS LTp FZam frecttTe<-T OrJ ilofc-HrilGt dt'AtK\ €oz llnste,rs rJ ''Cj' tar. /0 - 5-- 73 t, L.e t I ilusiPEcTroN ,; TOWN OF '.'.-iit,3 {"i'- i r1 l.(n,: , FIEOUEST VAIL DATE TIME RECEI JOB NAME AM PM CALLER E orxen MON COMMENTS: ! pnnrrnl. LocATroN ll -r 1,3 READY FOR INSPECTION TUE WED THUR FRI AM PM fr orrRovED florsnppRovED E upott rHE FoLLowrNG coRRECTToNS: CORRECTIONS E nerNSPEcr I DATE Q -tS -13 INSPECTOR ,\)\o oarc 9 ''Rg^ 73 roB NAME TIME RECEIVED /,945 AM PM lNsPEctoru HEtrlresr TOWN OF VAIL Ce<t E ornsn f] pnnrrnu LocAnoN READY FOR INSPECTION THUR FRI t 114 AM@ TUE finee RovE D E prsnppRovED E uporu THE FoLLowrNG coRRECTToNS: CORRECTIONS ! nerNsPEcr i.* DATE INSPECTOR rNsPErio* TOWN OF FTEOUEST VAIL DATE q- rr- /.7 JOB NAME TIME RECEIVEo O8 G-?AM PM cALLER C*r<e E orHrn r'--..---l lMoNl COMMENTS: ! pnnrtnl. LocATroN READY FOR INSPECTION TUE WED THUR FRI '-J 7O C (nMrPrvt APPROVED E uporu THE FoLLowrNG coRFECTToNS: CORRECTIONS ! orsaeeRovED f] nerNSPEcr rNst=.i.r\l FIEOIJEST oor= )-t3-73 JoBNAME (Boonttrtt*s'TuililorL<es TIME RECEIVED AM PM CALLER ! ornen MON COMMENTS: E penrral. LocAroN READY FOR INSPECTION TUE rat i33C; ^M@ APP ROVE D E uporu THE FoLLowrNG coRRECTToNS: CORRECTIONS D orsnppRovED ! nerNsPEcr I DATE 9-,=-?3 o il sEPr?rsrg oere tz lep 73 a ttent i on th is off has: i ce that PROJECT NAME It has been brought concrete test taken of fo the ( date ) low res u lts in PreliminarY ffi; zs &1 (aa,o fest : +s ,r) The tocation of test You are I ocat I on methods t.. he reby not i f i ed that f uture construct i on upon sa i d is af your risk until one of the following correction i s ach i eved Reca I cu I at ion of i mposed des i 9n load show i ng concrete strength as tested is adequate' upon letter from structura I engineer' 2. Core test that shows required strength' l. Adequate reinforcing of low unit' 4. Remova I of low un it and rep l-acement w ith acceptab le conc rete. Final InsPection and wtll be withheld unti i ss uance of cert i f i cate of occ upancy I th is matter is corrected ' RRY L. ALDRICH IEF BU I LD ING OFF IC IAL : - .5::3' . Denver, Colo. 80204 MATERIALS REPORT {or 11. Job No or t. D. |IGI Date Tes ted : I /Zt+/73 Mix I.D.: 6 l,Jater Temp.: Total Yards: sk Slump: l*1'" Cy1 inder Dia. 2@7 DaY Also: Dillon, Longmont Vail. Castle Rock Truck 16 l1 CKef, f; I'lax. Agg. Size: 3/tn" Time Batched: 11:45 Spec. P.S.I. at 28 DaYs: ?9"O n?.tt rEsr cyLtNDens 916 (Set 4) Air Temp. | 7Lo Total Water: l4ax. Si ze Load C. Y . : 9 Time Placedt ;-2zI5 3000 Tested Concrete TemP.: 680 F A Moisture: nme 6.004 6.001+ ISOl+ Cyl i nder Dia. 6.oo4 t@ 14 Day 188j Cyl i nder 6. oor 5.999 Dia ZOZB 2l+7L 2370 Ave ra ge : R EMARKS: l qqn Iiiountain ir{obi1e / Materials Testing Service l53l West 8th Ave.825 -5261 q Meinbereer & S Airt 3.9'/"v'ltlCu.Ft.:144.49 Yield: Ftlt SEp 1 zgn Location: Buil_dines 11 & 12 llleather: sunny to partly cl-oudv Tested: IZz30 I{af one REPORT TO:H. S. Meinberser & Sonl Peter Newe11;Qr r no r'tri c n r.' .n-i +r. ^f' 17-i'1 vI uJ vr. v er.r- rNsr=.flo*=.dgh IL FI VA TOWN OF DATE 5 Jep 73 JOB NAME TIME RECEIVED t r:o-.. @ Prvt CALLER E ornen dqcL E pnnrtel. LocATroN READY FOR INSPECTION MON COMMENTS: TUE (!_q)THUR rnr llc": -* anx@ APP ROV E D ! orsnppRovED ! nerNsPEcr ->o fi INSPECTOR rNsPEctoN FrEGllJEsr TOWN OF VAIL oo'r, 3? Aoa V3 JoBNAME ?oo-rHFAt'cs rf ME BEcEf vEo /3 OD ann eru "ort ^ E orxen MON COMMENTS: TUE E panrrnu LOCATION READY FOF INSPECTION THUR APPROVED I uporu rse ! orsnppRovED FOTLOWING CORR ECTI ONS: E nerNsPEcr CORRECTIONS DATE 8-rl- rs rss- INSPEC FIEOUEST o Tro TOWN N o .rt.- A I/ onre 7'/ i:)uR z 3 .roe runmr [1 Tf ME REcErvEo "/.3o AM PM cALLEB F VAIL E ornen E pennau LOCATION READY FOR INSPECTION THUR co TUE A--|-rnr fll AMPM $nee Rov E D E orsnppRovED E nerNSPEcr E uporrr rHE FoLLowrNG coRRECTToNS: CORRECTIONS INSPECTOR o o JOB NAME INSiPECTIc'N FlEEUESiT TOWN OF VAIL . )_ .. .. _--;:.-j {-d-LG DATE TIME RECEIVED PM CALLER E penrrel. READY FOR INSPECTION MON COMMENTS: @ o,@ FRI TUE THUR Snee Rov E D ! orseppRovED E nerNsPEcr w" CORRECTI INSPECTOR ]531 West 8th Ave. Denver, Colo. 80204 TEST CYLINDERS Cylinder Dia. 6.oT6 ( oo1 ). J. .// L Also: Dillon, Longmont Vail, Castle Rock trucK l_o Ti cket # 9336 Rrt AuB t 519t3 MATERIALS REPORT {or Job No or l. D. 916_2 Date Testedz 6/26/7J Mix I.D.: $ SlumP: 5L;' Water TemP.: Total Yards i 37+ Max, Agg. Size: 3l- Ti me Batche d; t2: l+5 Spec. P.S.I. at 28 DaYs: 916-2 (Set 2@7 Day r ocA 206t Co F 9 yds. Ti 2) Cyl i nder Di a./.^|/.o. u4o 1 ttOI q Cylinder Dia 2@?8 DaY i,. )i)) ?-itr,r7 r . )1.l l'r59 l- @ Hold 6.008 )t+92 lil2S 1d4 DaY 261+7 Average: REMARKS: 2008 Materials Testing Service 825-5261 Location: Unit #7 F Airt 4.gy'" l'it/Cu. Ft. Air Temp.: 83o Total |.Jater: Max. Size Load C.Y.: Time Placed: I: I5 Tested BY: oot ers : rl+l+. l*l+ Yi el d: ncrete TemP.: ?go A Moisture: l,Jeather: s'nny me Tested: 1;39 P. Malone REPORT TO:Town of YaiL/ B- lf-'73 SFEC TOWN LLe - l ovy'5e o IN N FTEOIJEST OF VAI L DATE JOB NAME rfME REcElvEo i {3D AMi.E CALLER f]ornen MON COMMENTS: E pnnrrnl. LocATroN READY FOR INSPECTION TUE 1 {" ,ryFD'' rHUR FH / _; -a.x;' ,J o@ APPROVED E upor.r rHE FoLLowrNG GoRRECTToNS: CORRECTIONS D orsnppRovED ! nerNsPEcr 8-r l-14 DATE rNsiPE.iot FtEo.LrEsr TOWN OF VAIL JoB NAME ,Faortl Faus -7trfrnlHouses nME REcEfvEo lSOO AM@ cALLER t/neo( crrraN /7/E { r/4iteAL E ornen MON COMMENTS: E pannnl. LocATloN READY FOR INSPECTION WED THUR FRI .??.-oM (@ APP ROV E D E uporrr rHE FoLLowrNG coRREGTToNS: CORRECTIONS E orsnppRovED E nerNsPEcr tQ- / -:--'-_ v rNsPE.lo* FtEorJEsr TOWN OF VAIL s€oo* F-/4 - 73 JoeNarue .7 rfME REcEfvEo /5DO avr@ cALLER E orHen .MON COMMENTS: 6ts) fl pnnrrnl LocArroN READY FOR INSPECTION WED THUR rat /53i't ^@ Baer RovE D ! otsneeRovED E UPOT'T THE FOLLOWING CORRECTIONS: CORRECTIONS ! nerNsPEcr DATE /o- /q' 73 nrfatefials Te (8531 West 8th Ave.825-s261 Ru AuB 13 $?3 Location: Footing 8, 9, 10 j" Aj r: U.z t^ttlcu.Ft. : 14$. g Yi eld: Air Temp.: 6Lo Total Water: +?5 Max. Size Load C.Y.: Time Placed: I:OO Spec. P.S.l. at 28 DaYs: 3ooo Tested TEsr cyLlNDERs 9L6-I (Set I ) Cy1 inder Dia. 2@ 7 Day Cylinder Dia. 1E 14 Day 5.997 2322 6.021+ 3CB7 5.998 237L Average: REMARKS: 23t+7 By: Concrete temp.: 7go F A Moisture: Weather: Sunny Tinre Tested: I:45 1@ 45 days Cylinder Dia 261 28 DaY 6.O0I 38OI 6.ot2 3975 )836 Also: Dillon, Longmont Vail, Castle Rock Mountain Truck L7 Ti cket # 95t+8 t *,r-- T t yzW Denver, Colo. 80204 MATERIALS REPORT {or Job No or t. D. 916-1 Date Testedt 7-LI-73 Mix LD.: 6 Slump: Water TemP.: Total Yards: 27 Max. Agg. Si ze: 3/l+" Tim Batched: L?z3O REPORT TO:HSM Booth FaIIS rNsPEtlo,., FtEo,rJEsr JOB NAME i : I t' h [, [.r p r It F. L F F TUE READY FOR INSPECTION WED THUR i'inr o*{*.'MON C(XI'IMENTS: ! pnnrrnu Saer Rov E D ! otseppRovED ! uporrr rHE FoLLowrNG coRRECnoNS: CORRECTIONS D nerNsPEcr INSPECTOR' ri- j-73 t o RU JUL 31 1973 SPEC IAL INSPEC+ ION REPOiIT TOWN OF VAIL Project Name Inspector NCRETE PRECAST OD IT IONAL t o Mate ing S?tuice Date Testedt6/L8/73 Booth Falls Locatjon:Units l+ & 5, footers east end Mjx I.0.6 sack Slump: AirJ 4/5 wt/Cu.ft.: 1116'20 Yield: Air Temp. , 55o Concrete TemP.: F A Moisture:Total Yards: 16 yds. Total Water: Max. Agg. Sizez )/l+" Max. Size Load C.Y.€ yds Heatherwindy' clear Time Batched: 1:OO Time Placed:Time Tested: Spec. P.S.I. at 28 DaYs:Tested BY: J.P. rEsr cYLINDERS 916 (set 1) Cylinder D.ia. 24 Oay Cyf inder Dia. iJDl4 Day Cylinder Dia20 ?8 Day 1@HoId 6.008 2067 6.004 2907 6.018 2116 ?531 West 8th Ave. Denver, Colo. 80204 3/l+" Water Temp.: 825-5261 MATERIALSREPORT{or Peter NeweII, H. S. Mineberger Job No or t.D. 916 Also: Dillon, Longmont Vail, Castle Rock trucK Ti cket # 921+6 RII JUL2?19R 6.qr^ 3t+69 6 s)3 3 BB3 )676 Average: 2O9? REMARKS: REPORT TO: City of VaiI; OONALD S SIUBBS OOX^LO W.HOAOLANO OEoFGE 1.,1. HoPFENBECx,.TR, LESTER R,\4OOOWARO DONALO J, OICONNOR ANTHONY C.VAN WEsTFIUM CH RLEs I, DEWEY JOSEPH G.HODGEST!R FRANX L,ROBINsON ..JAME5 V.OANSINCER r.RrcH^Fo FFEEsE,JR. JON N,HALVEFISON JAME3 E,CULHANE 3O3-492-9.OO CABLE ADDRESS OAVGRAM,OENVEFi FiOEERT L, SIEARNS D.evrs, Gna,H.q.u & Srunss (LE"WIS. GRANT & DA\,'IS) ATTORNEYS ANO COUNSELLORS AT LAW AMERICAN NATIONAL BANK BUILDING 8I€ SEVENTEENTH STFEET D ENVER, COLORADO 60202 ^.BRUCE CAMFTELL WI!LIAM R.RAPSON J^'.ES E SC^FI6OFO WILL AU Ti.OUNCAN JuIy 24, %24u,/ Charles D. Calvin for DAVTS, csiAHAtr & STUBBS Itts. Diana S. Toughill Zoning Administrator Town of Vail P. O. Box 100 Vail , Colorado 81557 Dear Ms. Toughill: EncLosed is our check in the amount of $2.00 in palment for the copy of the Vail SuMivision Regulations which you recently mailed to me. At the time this letter is dictated, we have not yet received your letter regarding Booth Creek Associatesl proposed condominium project. Ilowever, Mr. Frank Cameron informs me that you have signed and mailed the letter, and I an Eure it will arrive shortly. Thank you very much for your cooperation in these matters. Sincerely yours, CDC:nlm EncI. SPEC IAL INSPECT ION REPORT lr1u, JUL23t973 Project N r n s o. ct o r7/1 @tt " - /.-l' APPROV E LOCAT I rKEtrAJ | : _4!qlr rq]{aL BE-!14851 t o rNsiPE.iot FrEouEsir JOB NAME PM CALLER ! orxen MON COMMENTS: @ READY FOR INSPECTION WED THUR {aeeRovED D orsnpp Rov E D ! uporu THE FoLLowrNG coRFECTToNS: CORRECTIONS ! nerNsPEcr DATE t/ ,1,,'-, zj --- OON^:D S,OFIAHA^1 DONALO W.HOAGLAND 6EORGE I'' . H OP FEN E EC X,.J R. ROBEFT L,3BANSTROM OONALO J, O'CONNOR ^NTHOIJY C,VAN WESTRUI,| CHARLES F, OEWEY JOSEFH 6. HODGESr.JR FFANK L,ROAINSON JAMEs M.OANsINCER rHoiras s NrcHoLS RICHAAO P.HOLME 303-692-9400 CAE|LE AODRE99 OAVGRAM, DENVER ROEIEFI ! SYEAFINS wtLL|AM V, HOD6ESj JR. COUNSEL A.BRUCE CAMPE'ELL WILI At4 V.OUNCAN Davrs, Gn-lH,uvr & Srunns (LEW'IS, GRANT & DAVIS) ATTORNEYS AND COUNSELLORS AT LAW AM ERICAN NATIONAL EANK BUILDINO 8I6 SEVENTEENTH STREET oENVER,COLORADO AOZO2 July 17, L973 Ms. Diana S. Toughill Zoning Administrator Town of Vail P. O. Box 100 Vail, Colorado 81557 Re: Booth Creek Associates Booth FaIIs Mountain Homes Dear Ms. Toughill: Pursuant to the telephone conversation which you had yesterday with Frank Robinson of this office, we have prepared a form of letter containing the assulance whichr we understand, the Town of Vail is prepared to give to Rouse Investing Company. We had originally planned to give you the language of that letter by telephone, but, in view of the tength of the letter, lte are instead enclosing three copies of it with this letter. We would be happy to have you sigm the enclosed letter in its present form, or to have it retyped on Towr of Vail stationery, if you prefer. If you wish to discuss the letter before signing it' please feel free to contact me (or, if I am unavailable, Frank Robinson) by collect telephone. Although the letter is addressed to Rouse Investing Company, we would prefer to have it maiLed directly to usr as attorneys for Rouse Investing Company. Thank you very much for your cooperation. Sincerely yours'UbzA44 Charles D. Calvin for DAVIS, GRAHAM & STITBBS CDC:nlm Encls. TOWN OF VAIL P. O. Box 100 Vail , Colorado 81657 July 17 ' L973 Rouse Investing ComPanY American City Building Colurnbia' Maryland 21044 Gentlemen: lVe understand that your comPany contemPlates naking a construction loan to Booth Creek Associates to make possible the construction of multiple-fq*lfy dwellings on LoCs I and 2, Block 2, Vail Village' Twelfth Filing' in the Town of VaiI , Colorado, and that you desire assurance frorn the Town of Vail that the construction of such dwelling units wilL not necessitate replatting of the two Iots in guestion' nor require approvals from the Town of Vail other than such approvals as. have alreaily been given. We also understand that Booth Creek Associates intends to dispose of such dwel-ling units as condominiums, i.e. ' that the individual air spaces and other non-Party improvenents will be sold to the various purchasers, while the land itself will be conveyed either to a condominium owners' association or to condominium purchasers in undivided interests; in no event will Booth Creek Associates further divide the land, by sale or conveyance to individual pur- chasers, into two or more seParate tracts. Based upon the foregoing, please be advised that the Totrn of Vail will not require Booth Creek Associates to replat the two lots in question, or'otherwise obtain any approval from the Town of VaiI beyond the approvals which have previoust-y been given to Booth Creek Associates or to its predecessor in interestr Vail Associates, Inc- Very truLy yourst TOWN OF VAIL By Diana'ToughilI Zoning Administrator I 1 -, E J F =!I 2 o F o J 4 A uJ tu o (J 2 D u,l o z s IE at F z ul E uJ v) ul o F c ul al t o o J lt ul c F o J J F o F qt E t o J l! J F o F ! .E =tr = lrl o l&G)o =?-o E'I l----f o F =cc ql A (9 z 6 J o G o.ut E z o F o o z o F G ltl F J =trr z F z f C,z f, tt o ci 2 N R \ E 2 !o I 2 o F I J E E tt o ul F o (9 z =TL Y J o F o E- :\ o\la K)o n' :*: =oz o9 -o -65 z o F qq d,6 FE 9.9 *>F9 6 o.<uiD o.o tt -' (\l g G o 3 tt o z o 4 a I ul o \o I -{r t -(f| vl L s J t \9 E. + =E ul 4 J o G o.4 z F C' J c 4 a !I z 'o o E c tr z (, .A o ut .E UJ o u 2 J ul z s tc (o F 2 uI E UT o ut o F G t! G G o o J It !!t F o J J F o ut c E o o J tt -,1 F o F ! E tr Il o g 2 -o J -l tr J lr e, -,-G't- e li F e gl =z 11 E G 4 ul G z tr o o z o F G ut F J B u,l z lt z F I (:' ul o G ul v z E o ul E lt o uJ IE o o l!o ci z t, =l I z =tt o ct z z I ts I J c c tt o ul F o IE-1e 1!!t Br " :*N !JF =oz o9 -6 t z o F aJ ll -f,aEO F!g 2o *>xc,-z 6 o.<urf o'(,>o r-o F c,i 2 o EN t\o_, N s v!L s \ sPEcioN TOWN OF N T F|EEUEST VAIL DATE TIME RECEIVED JOB NAME PM CALLER E ornen ! pnnrrel. LocATroN READY FOR INSPECTION WED THUR FRI ?.'oo AM@ MON COMMENTS: SnreRovED D orsnppRovED ! nerNSPEcr El upor,r rHE FoLLowrNG coRRECTToNS: CORRECTIONS oare lO tl.rc.f Zg SPEC IAL INSPECT ION REPORT TOWN OF VA I L NU JUL Projebt Name 6-2( ORRECT IO tCtt2 to ;4€ 6J ?4" tt /t/o l:5d rt e4et 73/77v* lg 7t"/+/6 b -26 3t4 Tru--4 /6 74 'vd /o k"a lat Inspector LOCAT I ilo? i/rt€ 6* 7flQan Yfopa f//4 2{/4 lt loo l.'oa (o tk eeta€.s- ea. PRECAST: DD IT I ONAL REMARKS u -*-- t INsiPECf IclNI FTEOL'EST TOWN OF VAIL D^rE ' ' 7 -2' Te JoB NAME nME REcErvEo 8.oo @ena "o.iri E orHen E penrrnu LocATroN READY FOR INSPECTION WED THUR FRI / OOo 6fr)nn TUE flnee RovED ! orsnppRovED n upor rHE FoLLowrNG coRRECTToNS: CORRECTIONS ! RFTNSPEcT \ INSPECTOR rNsPE.lo* TOWN OF FIEOIJEsiT VAIL oare @-97'73 JOB NAME flME REcErvEo OBCo6iil,rrvr CALLER E ornen MON . GOMMENTS: n pnnrrnr LocATroN READY FOR INSPECTION PM TUE c@ THUR FRI /CC"'l tam,r flaeeRovE D florsappRovED ! upon rHE FoLLowrNG coRRECTToNS: CORRECTIONS D nerNsPEcr SPEC IAL INSPECT ION REPORT TOWN OF VA I L ?06 Rrt JUN 251973 Pro ject xu^" 8o ,t7-/. f4 /( S -fo ,o n /, o -- -.,t-s ' 'tz t nspec+or //.'A2 c ^ 4.-A CONCRETE: LOCAT ION IAPPROVE PRECAST: - Ag"p!T l-oxaL_REMARK I I PLU MEll NG./ M EC HAN ICAL PEFIMIT TOWN OF VAI L lbr 4 tr4 DATE 6 -ar-rT _ GenersL Contractor H.S. Meinberger & Sons Construction Conpany Breckenridge, Colorado Booth FalLs Condominiums CIPRA, INC.. 2065 S. Cherokee. Denver. Colo. PHONE 744-352L OFBUTLDING: Condominiums oF woRK: El ruew E noornon E nemooel E nepetn DESCR!PTION OF WORK:Mechanical sheet metal PLUMB!NG: NUMBER MECHANT.AL: NUMBER ffi lbl4 U VALUATION $vALuATloN $ 15,575.00 REMARKS:REMARKS: lJork to include 18 range hoode, 43 bath exhausts, 18 clothes dryer vents, Ductwork & accessorie s PERMIT FEE pERMfT FEE L27.50 rNsPEcloN TOWN OF FIEOUEST VAI L 5 DATE JOB NAME TrME REcErvEo r 5;'o6i'pn CALLER ! orxen 5fi6riq,4 ! panrrel. READY FOR INSPECTION LOCATION QD COMMENTS: TUE WED THUR '/..\rnr C I /5 6ru Fnr APP ROV E D E upor,r rHE FoLLowrNG coRREcnoNS: CORRECTIONS E orsnpp Rov E D fl nerNsPEcr INSPECTOR !t ET Er @ 2 vt e o E 2 z = F. \ F ' tsl a e< ll g I !l !\ a st I J d o F. FI 2 o a o a 9:2 7 rr H c p t z tt r|l tsl >E <t EF <t_ !l tr !9o,oa 1z !:. < 7^Z zu llt o<<() 'J 6A =<E9 E i o .E c 4 v (J uJ o z J z o ro tu dT I Lll a-o 4C) o |lt E ul o o z f ul o z 3 E ut F 2 tr,l E uJ o uJ o F IE ul G E tt UJ G F o J J F o t- IIJ o o J t! J F o F s q F (\" $ n s A ! E tr lrl o lr e)o -==o E'I !- -l f tr -l o z Y .E g F o tt lt o ct z o o J F o tt tt o ul uJ tt Y (, uJ (, z J c E ?o. u,l .E z o F o o z o F G tr,l F J B ul z F z f o !t J ul E o IJJ (,c o t|. E ut F 3 F.tt 2 F I C' IJJ E v, .E trl J I 2 .E o !I E tt at lll G,o F tt o ci z F -2 f (j,z f lt o ct z z o F I J E 4 t!o ql F ct a, at |rJ .E o o J = (9 z J E Y J 6 F o J l(r I (:\ l\r!t \<) o a' :*N !lF =oz o9 -vt -ot z o t-o*d.6 F'E qc =>xo -z 6 o.<|'|lf o.C,It -.i g CE o 3 It o 2 o F g .E C)la uJ o li tr FI tsl FI F IA z z o F .l. C\l $ TT F , z &o ]r EI v () ul o z J c z =o ,u XF !la -ut -(,4() o ul E g, o o 2 l ul z 3 lE I F ||r G, E o o J t! UJ o J J F o u,l TE .E o o J E J F o F o F z gl =gl a/, u,l + * s I IN 0o r)L s :! .E =tr = lrl o ]L cto ==-n o-F=l tr E G uJ E 2 o F o o z o F uJ F J =ul z aa G ut J Y =.E c ao u,l E 9'F z,f o 2 f t!o 2 z o F (t J 4 4 tt lll F o d-:G z\trt \?l| o c' :"N U'l F =oz s9 -o t 2 o F g3 .o FG QO =>xo =z 6- f uJf 1(,>tJ FO ;.i ! .E o B ti o z o t-c at C'o ul o A o 2 Rl ctr :c I l E F E -(l al \l FNI -( a \Fi \.1 FNI I o E ! o a 5 v) o, F tr a o 5 e !t G = b 5 o tr € o g dt 3 E B tt qt E 3 =IA I \rl t\l J I \l I I l \1 $d t'il t\ \ I fr,r x :o z E E .E q i 5 E tr 6 5 E tl o ll , P o E ql 6 ! :o E)J 2?t EJ '2 8<Et 'E I fol l.:|I 1 I I -l I l\rl 4 2 I I 9;l:6 E E€E EE o4l EC .= F{d;r,-. H :1 EI EI !l a --l EI E\JI s=l E7 ttt F..*- E E-€Eb sf, .gE .91: 5E E't 8b I o tt o 'Ei o A q, € € P F q, tr & E F € 3 J h er o o c),a E q, EE Er. ;H Eo P€g.=E!6-g €E EE ee Ei ll $€g EEE ;6? =E x i€s :EE eie 3ii l.H '!&i, g FE: Eg E ii$FEii o l! a E (l) x E t qt c, tr a d ql 'i e Er Fl E< I I gl -ll $l rq)3 ; qt o B 5 ll, I I I I I vl al 4l <l \rl I I 2l \l -t =.I I I I I I I Fi z E A'. h o tu xo E3 E Y xH ()h E.v lv, v EE t? bO o t Dtrr llr, llcl{ol r, Tortt of Vrfl coaflrir ?hat fhr drvcloprr har corpllrd rlth thlr .lrttt,r lr to cqaf I rn thlt cl I rubdlvlrlony'cgulrtlonr of tht Torr of Yelf'havc barn lct by tbc rubJdcf proJrcf. Bo furthor plafr rust bc rubaftied er lrff I rnd 2, Elock I, Yal'l Ylllrgq t2th flllng'!r. I prrt of t confornlng rub-'{lvftlon. rNsPEcior\l TOWN OF FIEOUEST VAIL DArE O- /5-'fg JoB NAME fr'o or+l € E t-s= -Toui ,J tlo't sg> TIME RECEIVED AM PM CALLER Elornen MON COMMENTS: FRI TUE E pnnnnu LocATroN READY FOR INSPECTION WED THUR AM PM ftner RovED ! orsappRovED n nrrNsPEcr E uporrr rHE FoLLowrNG coRRECTIoNS: CORRECTIONS INSPECTOR 7 Jum l9?l Prtrr llortll, A.l.A. 1619 [yon Strcrt 3rs frtnclf€o, Cel I fornh 94r2I Flrr Prtr, Dtreurcten thlr dato rlth Yrll Flrc Chfrf Hlkr Crrllrlr tadllrtr* problrrr rlth locr?lon rnd rsunf sf flrc hydr.6tf ti yoer Eoofh Frl lr prlJrctr. Strcrll cs;Flrxrf rir lot s|lqirrfrly oovrrtd by flru pftg rllr?rlbnifoa ted r lrvrt I sn. Xr reuld grrrfly appruelltr thl t?Por?u$lty to mot yor rt your coavcaltnc. tid dlteurl thr rltsrtlon rlth ar lt ncr txlrfr, tDtttla rftr Oordlrf ly, TOHN OF YAIL rlttr brtlllrnca.rr L. ^l drlcb' C8'9 Eul ldlng 0tflelol rJ Gcr l{llr Grrtfrlr, 0hlrf Yrll Flru Drgrrtnrat I Jsne l97l Eooth Fcl ls Tornhousca Petor l{errf l, A.l.A.Eor | 5?tt Yal l, Colorado 81657 Gcnt I rnco r It le affor eloro revltr of cxletlng fccl I l?for and rxpanrlon progrla8 thet thc Ycll lcfcr and Sanltlllon Dlrtrlct oxprolrrr the ablllty ct thlr tlog fo rupply r6tor ond tanltery stlllty !.r-vlers to thr Eooth Fallr proJoet, Grprctty of boih tho potablr rcior planf and fhr rastqrsfar trratesat plrnt are adtqultr to frrst addtd drnrndr fron rll drvrlopronn ?hlr yrar. The phyrfccl tapr for your proJcct ray br nldc cftcr thr tcbdlvlrlon dovelop.r h.r cxtondrd roln llner to your propar?y and thesr llncr havc bcro lpgrovad by fh6 Olrfrfct. All qonrtructlon cnd cortl rcqulrad In the Installatlon of grrvlco Ilncl shalI bc bornr by Boeth Fcllr. AlI rulrr rnd rcgelrtlonr of tha 0lstrlcf regardlng fcas, mrtcrlall, etc,,rhrl I rpply. Inrpectlon rhal I be furnlrhcd by thc Dlltrl€t ti tha oxpcnso of Bsoth Fal ls. lf yeu havr any qucrtlonr or rlrh furfhcr Infornetloh FC-grrdlng thll nattcr, ploarr frcl froe to ccl I thlr ofllcr. Very truly youl.t, TOUH Of VAIL Kent R. Ro3f, P. E.Dlgtrlct Englneer /rJ I I June l97l Patar Hrrcl l, booth Fal lr Tornhoulce Box ll78 Yal f, Colorado 816t7 Drtr Pettr, Plr.orr t.f thlr coollrr eur p,'.Ylobl sonvrrtcllon rrgrrdlng rarovrl ol caDonkaent fron thr Booth Fal ll Tornloutlr proporty. You oro to ktrg an accurota rccord of uachlne ?lrc ruqulrud to r.nov. fht rnbrnkaent dlcncd by nr to bt fhr ratponrlblllty of thr Torn ol Vall. Thr Torn rlll fbrn rrlnburlr you thr ac?ull cort of thc rlroYaf. Thr rcqnrrt lor prrklng varlrncr lr on thc rgcnda for thc 19 Juor Councll rcetlng. I plan to nake tho gros.ntrtlon rnd rxplrfn that thc rrqurrt rat Torn Inltlatod. Your prartnee lr rrlcoar but not nacaglsry. Thr Inlrt rnC of ?hr eulvrrt rnpfylng onto Forrrt Srrvlcl lrod rbovr the Booth Fclll proprrty rlll rcrcln In ltr oxlrtlng rtrtc. No elrarlng of th. largr rockr obltructlng lf rlll bl done. I tuggtrt thlt nlnor dltchlng or bcrnlng bo accorpl lrhrd af fhr ouflr? cnd on Forrrt Sorvleo land to furthrr protoct your progrrfy. Thc Torn rlll not Ptrflclprtr ln thr. corf of thl. uork. ll you hovr cny gucrtlona rogtrdlng thcrc stttart, Plrat.forl frrr fo con?cc? na. Yrry truly yourt, T0r1{ 0F vAtL Kent R. Rorc, P. E. Torn Englnror lrJ PUBLIC NOTICE Notice is heneby given that Booth Cneek Associates has fited an applicati,on with the Torvn of Vail fon an exception to the panking negulati.ons imposed by the zoning ondinance fon the Torarn of Vait (Ordirnnce No. 7 [Senies of 19691, as arnerded), which application is on file with the Town Clenk. A pubLic heaning witl be held befone the Town Council fon the Town of Vai,l on said appli,cation at the hotrn of 7:3O orclock P.ffi. r Tuesday, June 19' 1973, in the Municipat Buildi,ng, Vail, Colorado, to detenmine the nequest ofthe applicant fon an exception oF vaniance fnom the panking negulations of the Town of Vai[ zoning ondinance. All intenested pensons rnay appean and be heand at the time of the public heaning. Dated this twenty-fifth day of May, 1973. Witness my hand arxl official seal. TOWN OF VAIL Town APPL iCAT ION TO THE TOWN COUNCiL AND/OR VA APPEAR BEFORE I L PLANN ING COMM ISS IOi'I ?a"u 44o (City) do hereby requesf perrnission to appear before the Town P lann ing Commission to re.quest the f ollowing: ) Zon ing Change from '>,.) Parking Variance ) Conditional Use Permit to al low tn Zone. For the followi I icant ng described property:Lot Appticaticn Da+e l,J\U"A -,'/,./?73 Hear ing | (We) Da te ' -'-./- ,t/.2 Hearing Fee /A _ ot EO \ Lueu::-b+ li2-d (Address) Phone 4lS -ZL1 -ta)t Counc i I andr'or Vaii to t'+L B lock Filinq Number Ordinance and Sections being appea led: Ordinance a ot ,472 , secfion(s) Cariac Clearly state p u rpose and i ntent of th is app I icat ion .< /<- ./5 / 24/422/What do you fee I is the bas is for hardsh ip in th i ^ ^--^.) icant INSTRUCT IONS:l. Form must be submitted in tr ip I icate, and all cop i es mus t be signed.2. A plat map drawn in triplicate to a scale of not less than 200 feet to the inch show ing the land in question, its locat ion, the lengfh and d i rect ion of each boundary thereof , the location and existing use of all buildings on such land and the principal use of all properties w ith 300 feet of s uch land. lf the app I icat ion is for a parking variance, show parking p rov i ded, drawn to scale and. numbered to ind icate tne spaces. The names and addresses of the owners of all p ropert ies w ith in 100 feet of any part of lhe land inc luded in the p roposed variance.All i n format ion required by the Subdivision Regulations for preliminary plats where applicab le. The Town Council and/or the Planning Cor'rmission will set a hearing date not more than thirty (30) days from the request for zoning change,application for parking variance or con d it iona I use permit. Not I.ess than fifteen ( l5) days prior to the date set for the hearing,the hearing authority shall cause a copV of a not ice of +he time ano place of such hear ing tc be published once in a newspaper of generol circulation in the county of Eagle. All properfy owners in (3) aoove shall be not if ied of said app I icat ion and hearinE. n 3. 4. E 6. - Frasier & Gingery, lnc. I.TIO SOUTH YALI.EJO STPEET t xG L EwOOO, COL ORAOO 801 I 0 ftttPHoNE 303 761-4860 I{ay 24, l97S T:'.i' - Plan Check _ ,\ttcntion: STATEMENT i\tr. Jerry.\ldrich &izt TOTAT DUE THIS Booth Falls Fixed Fee STATEI{ENT Fi t ,." .,,,* {,.( 6-fu {..**"''{ rtJ il-4/ ,. aao INTEREST at the rate ot lVo per month of the unpaid balance. ud lF *rrr lrom date of statement will a tlry | 8, 197! ilr. Prtcr Nerrl I 261! Lyon Strui $ta frcnqlrco, Cal lfornlo 941?l Dttr flr. ilrrrl I r Thr Torn of Vrl I bcrrby rgrr.5 to In thr rvrnt any turvcy ccn?rolo ouf trar-aovlng oporatlont. rrlaDurrr your flrl are dlrglaerd durlng Yourr lruly, TOr$t 0F vAlL Krat R. Rotr, P.€. Torn Englnccr dt Frticr & Gingery, lnc. COAISULTIIVG EIVGIIVEEH g Ftz, l? l"t\ 15 May t 5, 1973 Mr. Jerry Aldrich Chi ef Bui'ldi ng 0f f i ci al Town of Vai I P. 0. Box 100 Vai I , Col orado 81657 Re: Booth Falls Mountain Homes - Plan Check for-Conformance I{i th Uni torm"euiiJ'ins code - 0ur Job No ' 452 'o4 Dear Mr. Aldrich: We have reviewed the corrected drawings as submitted by the Archi tect. it'l-itit'ii vi ol ati ns .l!9 Code have been cor- ""it.a subiect to the fo'llowing conditions: PartA-Item2 In h't{s I etter excessi ve bui shed type to the draw'ings Part B - Iterl Very trulY Yours' FRASIER & GINGERY, INC. Rasmus sen , P K0R/is 2840 SOUTH YALLEJO STREET ENGLEWOOD, COLORAOO 8OIIO TELEPHONE 303 761.1860 of May 8, .|973, the Architect stated that the riing-fieigttt wai io u" reduced by change from a giuie typ6 roof. This change was not shown on submi tted. 3 tl|e understand you have allowed. a Group I 0ccupancy for those structures which *iii-p"ii'ii-if'e ;;t;;; storiei to-- ue constructed under the code. ;iii;";;r it tuuiect to vour reaffirmation' This completes our review of the Booth FaIls Mountain Homes p"o:eii. liii iit.'is being returned to you under sepa- rate cover. I f you have any quest'i ons , Pl ease f ee'l f ree to contact us ' Clvll ENGINEERING / IAND SURVEYING / SIOR ,I DRAINAGE STRUCTURA1 / IRANSPORTATION / WATER & SANITATIoN CONSULTING ENGlTVEEPS 2840 SOUTH VALLEJO STREET ENCLEWOOO. COLORADO 8OI IO TELEPHONE 303 76]-4860 April-27, L973 F.te, tl +lbl7b Mr. Jerry Aldrich Chief nuitding Official Town of Vail P. O. Box 100 Vai1, Colorado 81657 Re: ith uniforrn Building code Our Job No. 452.04 Dear Mr. Aldrich: The drawings and specifications for Booth Fa1ls Mountain Homes have been reviewed for conpliance with the Uniforn Buililing Code. Our prelininary findings and recornmenda- tions are presented herein. The required corrections are marked on the p1ans. We will make our finaL plan check as soon as we receive the corrected p1ans. If you have any questions regarding the referenced subject, please contact us at any tine. Very truly FMSIER E yours , GINGERY, INC. Knud 0. Rasmussen, P.E. K0R/uun Enclosure CIVII ENGINEERING /LAND SURVEYING I STOR \t DRAINAGE / SIRUCTURAT / TRANSPoRTATToN / wArER & sANrTAfloN 452.04 Prel ininarv PART A REVIEW FOR OCCUPANCY, TYPE OF CONSTRUCTION AND EXIT REQUIREMENTS Items found to be ful1y or partially in violation of the Code are as follorvs: 1. 9E No drawings of the proposed Spa have been subnitted. 2. Building Heights The height of the unit clusters exceeds the maxinun allowable height under Section 507 and Table No. 5D for Type V-N construction. iq-r€r.?T€e f- k I 6c<-. 3. Number of Stories ./Units trBtr and t?Ctt do not cornply with Section 507 and Table No. 5D for the rnaximun a11owable nurnber of stories. The maximun a11owab1e nunber of stories for Type V-N construction are two. The third floor loft is in excess of the area Derrnitted for "1oft" classification and nust be designated as a "story. under ordinance No. 14 of the Town of Vai1. 4. Fire Separation at Kitchen Under Ordinance No. 14 of the Town of Vail, all lofts constructed over kitchen areas sha11 have a minimum of one-hour separation from kitchen area. 5. Roof Drainage Roof drainage water from a building shall not be per- rnitted to flow over public property. The plot plan should show where the drainage water is conveyed in accordance with Section 3207 (e). 6. Interior Stairways The enclosed space under interior stairways should be of one-hour construction in accordance with Section 330s (1). 7.Exterior Stairways With reference to Section 4, Sheet A31: a. Newel post should be cut square or bevelled flush with top of handrail. b. Footing should extend below frost line of 42 inches. Roof Construction x With reference to Sheet A27 a. The spacing of lt x 4'roofing should be shown nor more than the width accordance with Section b. Detail No. 4 shows 1" x details show 1tr x 4tt. ,ttippirrg to receive shake not to exceed 4t' clear of the sheathing board in 3203 (d). 6" stripping, all other 9. Fireplace Cornbustible rnaterial shal1 not be placed within two inches of fireplace, smoke chamber, or chimney when built en- tirely within a structure in accordance with Section 3704 (e): a. On detail-s 1-A32 and 2-A32, bLocking rnembers at head and janb appear to be in violation. b. Manufacturerrs drawings and specifications shoul-d be subnitted so that cornpliance nay be checked for setting prefabricated fireplace on plywood sheathing. 10. Ventilation The capacity of the fan used in the bathrooms is not shown on the drawings. This inforrnation should be shown on the drawings for conpliance with Sections 501 (d) and 1305 (a). -.? ^ 452.04 Prel ininary PART B REVIEI{ FOR COMPLIANCE WITH ENGINEERING REGUIATIONS Itens found to be fu11y or partially in violation of the Code are as follows: 1. Foundation Wa11s a. Thickness of concrete foundation wall in Detail 4/A5 is not shown. b. Justification for the onission of temperature steel in foundation wall in Detail 4/A5 as required under ACI (31"8- 71) Section l-4 . 3 should be subnitted. c. The vertical bar size in Details 1/A5 and 3/A5 is not shown on the drawings. 2. Post Foundation Strict interpretation of ACI (318-71) Section 2-L te- quires that the post foundation be classified as a iolunn instead of a pedestaL in which case reinforce- nent shown is inadequate. 3. Anchor Bolts The size and embednent length of the anchor bolts in Details 1/A5 and 6/45 are not shown on the drawing in accordance with Section 2905 (el . 4. Studs The spacings of the studs are not shown on the structural drawiirgs. -spacing should conforn with Section 2518 (f). -3- 18 &p*. 73 Frwbr & Erhgcry, lnc, COTVSULTING EIVG|NEEF 8 2840 SOUTH UALLEJO STREET ENCLEVOOq COTORAOO 801 t0 TELEPHONE 303 761.4860 April L7, L973 Mr. Jerry Aldrich Chief Building 0fficial Town of Vail P. O. Box 100 Vai1, Colorado 81657 Re: Booth Falls Mountain Hornes - Plan Check Job No,452.04 Dear Jerry: As per your instructions, lle are proceeding with the Plan Check of the subject project. Our prelininary take-off of general builcling <lata is attached. I{e expect to cornplete our review during the week of April 25. A preliminary report will be delivered to you onror prior to, Match 27, L973. I{e are happy to have this additj-ona1 opportunity to provide our services to the Town of Vai1. Very truly yours, FMSIER € GINGERY, INC. //A-/, Vz.^Z Miles Hubik, P.E. Proj ect Engineer MH/nm Attachment cIvIL ENGINEERING /LAND suRvEYrNG I sroRl DRATNAGE / sTRUcruRAt I TRANSPoRTAIIoN / WATER & SANITATIoN BOOTH FALLS MOUNTAIN HOMES Project Data Job No . 452.04 GENERAL Architect:Structural Engineer: Mechanical Engineer:Electrical Engineer: BUILDING DATA Use: Group Occupancy: Type of Construction:Unit Floor Area: Occupant Load: Stories : Unit Porch Area: Total FLoor Area: Total Porch Area: VALUATION Ltt$7c @g.;.8$e' It,p l4 Pernit Fee: *Plan Review Fee: *Note: Does not include drawings of rrSPA't MH 4/\7/73 Peter Newe11 Ray R. Ferrin Apartnent House H V Unit I'Ar' 1r150 S.F. i tl= Unit rrB'r 1,285 S.F. x 0 Unit 'tC" 1,455. S.F . s rz' Unit ttA" 6 Persons Unit rtB" 7 Persons unit rrcr' 8 Persons Unit "Ar' 2 Stories Unit "B" 3 Stories Unit r?C'? 3 Stories Unit "Af ' 296 S. F. Unit "B" 309 S.F. Unit f tC" 3ZZ S.F . 45,870 S.F. 11,046 S.F. s*iTas.-, $ r,477.Jf'' $ 7ffiT'?3?7b- r !.-- rrft to, lgtt I!. 3|tls !. fiilll lGiF tJ.o stnrt tE Eret'|oo' Glufcs!,r ft!,l|dEr lo4_*tll{ Dirrlgr h?t3 <,-'.--_ Dltf lFr htltr lodr trtlf b bn TlFffi! uf th. Eil cffitr Fdr,ng !.8etllt'tc. ;ltlr lta ffi fttft' tfrr fUil'd*g ttFr tr. trn$rt to ysfrr rttrttcr 1. r .ftl#s! roh|ltE E|t b. x*d ant tts fls. trghtl,ry qEEaltlr || l'6 bFt tl$ bdfdf.H' l.rl& d!ar! hrul |am*tr rcan t* a !lr. ttr*r 6r tt*r chirt hrl bre swttrl ed b' f,qg{tr tl- rr' d r nt ries*p an*n tc thr bolf.{f"arp lcr 6D 8or &6 tb r-lfg rllrlti Dl*n ad|tl€t th lffdflt nd|illbG rnd +taf'rLll rry r nGtq rlt$ ]S Mrr tfir llrn Obbt to rrErt qlt a$tt'l|. 8. Sr lscnfag lfs tdlfdl yoq Shlitd nr! h mcnrf. !. tlrl btCEB fsru.6J 6sll bt ec|l'ffi d rhgn B l/qr gf.* gla. a. rff rl{n tr* ba qtrCIt|. !tr tbr ll|s Lvlrt cilltt..' tt ror bn|lartE gttm regrrolry rhtr pcJeot' 9!.|||r occrsE ttr nffatq DlI.rffiB. n r|tt||t rhrnft br rohellulcil rt yolG aatlaG €ortFslFr. lEl trtllt' !on5 {t vilI| ![E tl t+ xlsgE I* nil# {G ,oo]r.i Arch',I-b lan:l Flocr-rin*inn tJse 7.n. 14.F , Does Use Con f orm i.A.R. Allowed F.A.R. Actual .y'o',/,o Lot S ize A I lowab le Plaza Cred it -oo'j-aoe J,tZ--.> * Rea r Parking Required _ 5/ - Parkir,g ProvideC: Covered Uncovered ;-{, To't'a I Provided:€4 F.A.R. AND PA.RKING CALCULATICI.] S Acf ua I square Foof age %, over (Un aor> ('r7, aaL,74\ -- Setback Sefback Reouirements: Prnrrirlarl . t//r/2 to-"; r"o' ' /j2 tronT , 5roes fi.tt4;rt'- Frorrf /o , Sides /J -r Rear '/O 36 anti*t A u*,ful /2o{ *. lf =J/)Uqo a 6"J* x b @ /3{4=8,o0rt /7 >(,5-2o -=/ 8, 2ra / 7,, ?q{.oa / t t7F* t4 r-,'/ (" /2- a Lr4;2 A**' ep-fr.*j7-*^-1 &RL /*---4@Va d/4-J ffie -efub**-. Checked COI.4N4ENTS ON REVERSE S IDE F a L t (t J o Y o ql z o l!t ts x llr .i t\ F |lJ G ct o o tt o =Y F tt E F =!J 4 z o f lo th u,l ut It o UJ -o z gl E z tr o z 9 IE uJ F -{ lo [- z @ lt ul u, F z ut J o !r E lt E IJJ F = F tt =I E I J J i z u, G ut J v z UT E uJ A z o uJ B !J 4 z F at tl J s o G u,l E =o F tt .a ,; o t!o F tt o !z l o z :J E A z NOrlvn'lvn a II uJ E z to t... \ \ z o J E ur F :l \9 X n \ q !J J E ! ;.l .q iJ q/ I \1 \ \ ? \o \ ! t .p \ \- ?-(, \ \^ N \s \ q, u,l = 1 { 9 -t- -t F 6 (9 z ) E .{ Y \'t { (?I IY 6rt o(' ttN r|JF oz C'9 v,o5 <6 f o z 4 o .i € 2 = z tr o l z o o o uJ A F ; I B t!o z o F 4 d o ul o J z F tr z 9l 2. F tD z { EI o E FI a t'l Id F. F FT F z 2 F t lrl , \ ,l $z tro tuJ }F YA dU d(J o ut ul o o 2 v,F z UJ 2 IJJ uJ u,l CI F .J F a \. I o $ Y \\ uJ t IE J lt ) F ?() IJJ z )\ v) -q \ o 'tl J tl ( .I. l)( il o (, * ! r lrl o o z -o I l tr -l > le o =,-et t- N { \ \ \ {!,\ { { ,\l { t I \ \ \ N \$\-\ N : : I ''1) ".' .,: ''l-lr,Y: .:' ,'.: i"i i ) ,r',.',,r'r.' (c) Day nurseries and nureely schools: (d) Public utility and public service etructures and installatione ; (e) Public buildings and grounds; (f) Recreation Centers; (g) Private clubs; (h) Ski lifts; (i) Parks and PlaYgrounds; (j) Schools; (k) Planned Unit DeveloPments' (b) Regulations. i, TheregulationsunderwhichtheusesinaMulti-familyDistrict are pe rrnitted are as follows: (l) Minirnume: The following minimums shall apply: (") -ftoot gre":. No minimum; (b) p!.1g: No minimum; (c) Setback: Front, rear and side - I0 feet. r,lJ (1) Where the rear of a lot, or the side of a lot' or both the rear and the side of a lot abut on land controlled by the UnitedStatesForestService,norea!oreideeetbackehallberequired for the portion of such lot so abutting' (2) Floor Area Ratio: The floor area ratio shall not exceed 0. ?5:1. - 16- ooSi J Qrlooxt #7., sutrt tTLg Ooo#, full, -lounl'orret zo*:5 SEGTION 2. MULTI-EAI'IIIY-DISTRICT (a) Uses Permitted. ApersonshallnotugeaaypremieesinaMulti.familyDiatrict excePt ae hereinafter apecifically permitted' (a) Multi-family dwelling gtructures; (b) Single family and two-family dwelling atructures. lll Accessorv Usee try Right' (a) Private: Greenhouses, toolsheds' play- houses, garages, or carporte, tennia courts' swimming pools, patios, dog kerurels and parking sPaces in addition to minirnum'off- street parking ePaces required by these regulations; (b) Home occuPations; (c) Any other structure or use on the same gite with the principal use, incidenlal and ':I t accessory thereto and necessary for the oPeration of the PrinciPal use' l3l Conditional Uges. (a) ProfeEsional and business officea; (b) Hospitals, medical and dental clinice -/ and centers; - 15- ).,l E !,! E z { tsl t{ H tr &l FI o z z 6 F -L a tr E E !I 4 Y o uJ (J z J 4 o KE ;H E Fi Er L] =2 v a E kr o uJ tc uJ o (,z l UI (,z g F z ul E ul 4,, UT 9 F cc ul E .E o o J tl ul G F o J J F F IIJ E E o o J tt J <t F o F "(\$ VI + 6 F ai- F 5 ! ,E =tr =H lr Gto -= =q LE---f tr o z o o J d aa tl t!o F =E l!A 0 z 6 J Co C'z ct J a0 lt o ul @ f F !. 2 F I c, ln o UJ lI- 6 trJ r o J S (,E ul ==o F.lt ci at, =z f I z f t!o c;z z o F I J c t!o u,l F o T J (o 3 o dP tt ltl o o J = 7 t-f{ c7) t u t I G IL + \J F a '-\ .i (, .t ttN ||l- =oz o9 -o -.6t z o F 9q d6 FG t2 .t 6>^9:6f uJJ cO >ct FO Jci d c,z f E v o F o J a 3.o 4)z I 2 o z o E &;* j !l F F th z rb !l () 2 E c z t tr I rl FI tsl tst u o z d o e o E F H F,o z z C) &l c !l H o E B 2 E o ,o H c H o tr c Er z o c c z . o EI c t 2 (, d v gl o 2 J 2 o EO '- l! CL - !,1 -C'-(, o u,l IE trJ o z ul o z 3 E vt F z UJ =uJ o ul 9 F E ul E c o lr u,l E F o J J F I uI TE o o J tt J F o n \ {r L F t 3 t .E =r -= lrl o lr Gtg -,2 =E Et L-- l E o z o o J F aa It tt o F =c ul o (,z cl J 6 E a u,E z o F o o z o F E lu F J =!,1 z F z C' uJ ut c o u,l ()E o tt v,c ul J I z IE 4 o !,1 .E tt n =l (t z f tt o ct z (,z f t|- N Y J 6 F o E--a - \.,-t 0".4 2*n,Itl F =oz o9 -at -c0t z o t-9q -G6 FlE 2v 99 6 o-<HB tE ; r,i ||.\o F".;-s 8J t.: (L z o ti t c tr o,z a (, 2 t E (,z o E .l Il T lt, B rl E tr li aa 2 o tl o z s3 z , tr J j F E N ,t o tr H F] o o z & Cr a E.z o a c EI 2 F o ll E tr 2 a, Fl !l >E <F Etr HE *; E]F (5io EZ ;l o2 ZJ 14H o<<()hi 5<;ut ET -tr :( Y I!I z J c z tro kg :h 6- c, 6 ul E qt o (,z f ul o z -<.E o F z u,l =uJ tt IJJ I F TE ul CE E o o J It u,l .E F o F |ll t o o J lt F o F ! 5 l-r =r = lrl o l-e)u -=-o E'I L--.-f o o 2 v .C F q, t!IL o (9 2 o o J F v,tt t!o at llJ ul II Y o ul I (, z J E a 4 ul .E z o F o o z o F E |tl F J I (9 z '5 l .o tt ul u, F tt z F E I ul I eD E url J v z E o lr,l tt z o F .E 4 !t o ul IE z o F o J L A tt o ul F o Ea Io ^ltr E)(9 ('l IUF =oz o9 -la t z o t-35 !rO F'E 9g A>69 6f url A()>(,r-o Fd t tl \ v'l cl I 4 L s f, box I oo LETTER OF AUTHOR I ZAT I ON 0ate Submi tted March 7 t973 T0: FRASIER & GING.ERY, lNC. 2840 Squth Vallejo Street Eng lewood, Co lora do 80 | l0 Please provide Plan check service on plans for the followlng structure: Booth Falls - Mountain Homes 303.476.5613 luttn u l|flr vail, colorado 8r65? 2. z 4. 5. l. Name of Project Address of Project Name of Owner Two sets of plans, calculations and specifications: Enclosed ( ) Under Separate Cover E ) To be Del .by0wner()Other() Please check plans under the current Edition of the Bui lding Codes as adopted and amended by the Town of F i re Zone 3 Seismic Zone I Xino toad 30 - F?ost Depth 1Z i ve red Un i form Vail. Lots I and 2, Block 2 Booth Creek Assoc iates gnature 7 v,Y 2625 Lyon Street Son Froncisco, Colifornio Februory 26, 1973 Town of Voil Building Deportment Box 100 Voil, Colorodo 81657 Subiecf:Review of by fhe Town Deor Sirs: Enclced for your review ond informotion orc prints of the following sheefs of drowings for the Booth Folls proiect. A. Site Plons I . Locotion mop 2. Rendered site plon 3. Generol informof ion site plon 4. Londscope site plon 5. Snorrr sforoge ond droinoge site plon B. Cluster Plons c. t. 2. 3. 4. F loor A,/A Cluster {/C Cluster MB/C Cluster A/g/A Chster Plon Sheet ond Elevcfions Secfion Sheet A unif: encloed oreo 1205 s9. ft., decks 323 B unit: enclosed oreo 1344sq. ft., decks 256 C unif: enclced oreo 1520 s9. ft., decla 337 l. 2. 3. a .l San Francisco, 94L23 California March 23, I973 Town of Vail Building Dept. Box I00 Vaj-I, Colorado Subiect: BUILDING PERMIT APPLICATION FOR BOOITI FAL,LS PROJECT Attn: Diana Toughill Dear Ms.ToughilI: is the old building permit application you gave me out pending your receipt of the new building permit Enclosed to fill applica I Peter Newell /Lnj-Enclosure