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2018-05-30 VLHA Meeting Agenda
Vail Local Housing Authority TOWN OF VAIL '# Agenda Tuesday, May 30, 2018 Regular Meeting 1:00 PM -3:00 PM Municipal Admin Conference Room 75 South Frontage Road West, Vail, Colorado 81657 MEMBERS PRESENT MEMBERS ABSENT Steve Lindstrom Mary McDougall James Wilkins Molly Morales Francisco Meza Staff George Ruther Lynne Campbell 1. Review and Approve May 8, 2018 Meeting Results 5 Min. 2. RESOLUTION NO. 11, SERIES 2018 A RESOLUTION APPROVING THE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS HOMESTAKE AT VAIL UNIT A107 , EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 1136 SANDSTONE DRIVE UNIT A107, VAIL, COLORADO; SUBJECT TO RATIFICATION BY THE VAIL TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. 5 Min. 3. AMENDMENT TO RESOLUTION NO. 8, SERIES OF 2018 A RESOLUTION APPROVING THE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS PINE RIDGE TOWNHOUSE UNIT 6, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2195 CHAMONIX LANE UNIT 6A, VAIL COLORADO; CONTINGENT UPON SUBORDINATION AGREEMENT AND SUBJECT TO RATIFICATION BY THE VAIL TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. AND SETTING FORTH DETAILS IN REGARD THERETO. 5 Min. 4. Employee Housing Unit Deed Restriction Exchange Requests: 44 Willow Place Unit 3/44 Vail Road Unit 3 and Lot 39-1 Glen Lyon/1170 Westhaven Lane 15 Min. 5. Housing Policy Update Discussion 20 Min. 6. Lottery Resale Criteria 10 Min. Page 1 7. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests; for the purposes of receiving legal advice on specific legal questions and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED applications and deed restrictions. 60 Min. Adjournment at 5:00 PM Next Meeting — June12, 2018 Future Agenda Items: • Joint Town Council VLHA June 5, 2018 Meeting Review • Housing Policy Update Discussion • Update Economic Value of Housing Discussion • VLHA Business Plan • East Vail Parcel Update • Open Lands Plan Discussion • West Vail Master Plan Discussion Page 2 Vail Local Housing Authority TOWN 'OF VAILAgenda Tuesday, May 8, 2018 Regular Meeting 3:00 PM — 5:00 PM Town Council Chambers 75 South Frontage Road West, Vail, Colorado 81657 MEMBERS PRESENT MEMBERS ABSENT Steve Lindstrom Mary McDougall James Wilkins Molly Morales Francisco Meza Staff George Ruther Lynne Campbell A quorum being present Lindstrom called the meeting to order at 3:08 PM. McDougall was absent from this meeting. Also present at the meeting was Town Manager Greg Clifton. The Board reviewed and approved the April 20, 2018 meeting results as presented. The meeting date listed on the agenda stated April 10, 2018 which was incorrect. MOTION: Wilkins SECOND: Morales VOTE: 4-0 The Board reviewed and made motions to approve Resolutions 2-7, 9 and 10. Wilkins motioned to approve Resolution No. 2, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Intermountain Dev. Sub., Block 9, Lot B Unit: A& 1/2 Interest in Common Parcel C, Eagle County, Colorado with a Physical Address of 2850 Basingdale Blvd. Unit A, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MORALES VOTE: 4-0 Wilkins motioned to approve Resolution No. 3, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Intermountain Dev. Sub., Block 9, Lot B Unit: B & '/2 Interest in Common Parcel C, Eagle County, Colorado with a Physical Address of 2850 Basingdale Blvd. Unit B, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MORALES VOTE: 4-0 Page 1 Wilkins motioned to approve Resolution No. 4, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Intermountain Dev. Sub., Block 9, Lot A Unit: A& 1/2 Interest in Common Parcel C, Eagle County, Colorado with a Physical Address of 2860 Basingdale Blvd. Unit A, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MORALES VOTE: 4-0 Wilkins motioned to approve Resolution No. 5, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Intermountain Dev. Sub., Block 9, Lot A Unit: B & '/2 Interest in Common Parcel C, Eagle County, Colorado with a Physical Address of 2860 Basingdale Blvd. Unit B, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MORALES VOTE: 4-0 Wilkins motioned to approve Resolution No. 6, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Innsbruck Condo Unit 7, Eagle County, Colorado with a Physical Address of 2783 Kinnikinnick Unit 7, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MEZA VOTE: 4-0 Wilkins motioned to approve Resolution No. 7, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Brooktree Townhouses Bldg. C Unit 115, Eagle County, Colorado with a Physical Address of 980 Vail View Drive Unit 115C, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MORALES VOTE: 4-0 Wilkins motioned to approve Resolution No. 9, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Altair Vail Inn Unit 210-A, Eagle County, Colorado with a Physical Address of 4192 Spruce Way Unit 210A, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MORALES VOTE: 4-0 Wilkins motioned to approve Resolution No. 10, Series 2018 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Garmisch Townhouses Lot 15-B, Eagle County, Colorado with a Physical Address of 2308 Garmisch Drive Unit 15B, Vail Colorado; Subject to Ratification by the Vail Town Council; and Setting Forth Details in Regard Thereto. MOTION: WILKINS SECOND: MEZA VOTE: 4-0 Next up Ruther reviewed a draft memo outlining amendments to the lottery process and additional lottery amendment for the May 15th Town Council meeting. Ruther asked for the Board's feedback. Goals are to amend process criteria to improve efficiency, predictability, etc. Page 5 of the memo provides a summary of the Town Council's comment. Council stated simpler is better, recognition weight and tiered system needs updating, want to see change in family household size and continue to establish and maintain a list of prospective and interested homebuyers. We would still maintain who is interested to keep communication going with interested folks. Council supports a separate lottery process as homes become available. Page 2 Lindstrom asked for clarification on home type vs. home address. Ruther said the Town will still require homebuyer class, a signed acknowledgement of intent around a deed restriction and a prequalification letter from lender. This allows for full understanding of what buyer is purchasing. What else is there coming up with a lottery process? Council did want one that does grant preference to certain categories of applicants. They didn't want to see preference to prior lottery participation. Ruther referred the Board to recommendation on item #2 on page 6 of the memo "If deemed important/relevant, how is this policy best implement? (i.e., purchase a deed restriction, allow multiple ownership, etc.)." If applicant owns today, they agree to deed restrict the existing home and continue to own the resale deed restriction. Ruther thinks this needs further discussion. Council's desire is to not just trade one deed for another rather than add units. Is it an appropriate allocation of tax payer dollars to allow one person to double dip system and allow others only get one chance to participate? Greg Clifton, Town Manager offered comments on item 2. He has concerns about someone buying into a subsidized unit and maintaining a free market or deed restriction. Does this create issues? He is concerned how this would look to others in the community. Clifton wants to discuss how to best structure this. He said didn't hear at Town Council about owners continuing to own property after moving into a deed restriction. A deed restriction subject to the Town purchase of deed and then property sold within X number of days. Owner would benefit from the sale of that deed restriction. Morales trying to differentiate the lottery subsidized housing vs. Vail InDEED. Clifton said both programs are merging together. Difference is VLHA is purchasing restriction for a cost and VLHA now entering into a discussion of a Town built property. Clifton suggested to place deed on existing property and then sold. Vail InDEED is for free market homes. The lottery is for those properties for existing TOV deed restrictions. Wilkins said can't have a Vail InDEED property and enter lottery cannot keep both. Give time frame to sell Vail InDEED restriction, can't have both. Lindstrom asked if this is an incentive to allow others to get into lottery. Clifton acknowledged potential loss of free market unit. Is there a way the Town has mechanism where both properties are deed restricted but the owner has to sell one to be in a Town subsidized home. Wilkins thinks we need to be prepared to discuss subsidizing. Council is going to have a hard time separating the two situations. What extent is the Town willing to subsidize someone who is interested in getting into the Town lottery? The Board discussed concerns and options for ability to deed restrict one home to enter a subsidized home. Lindstrom asked Ruther if Council was looking for recommendation of this piece, entering the lottery. Ruther replied yes. There was a great deal of discussion about this subject of multiple deed restrictions. He said Council wanted to review again with Bruno was present. Page 3 Wilkins recommended some language modification around item #2, deed restrict current residential property subject to Town Council approval or deed restrict prior to close not at time of application. Upon purchase and close then the deed restriction on the lottery unit will prevail. Ruther asked now what after applicant wins. Preserving and protecting existing dwelling units was the thought process the Town hadn't pursued previously. Wilkins reiterated what is the Town's deed restriction goal. Councilman Moffet said "is purpose of the housing program to be sure people don't double dip or preserve housing for locals". If former then need to think about it if the later think about getting more restrictions. Ruther suggested the Board state they don't know exactly how but we know what. What is preserving and protecting the loss of resident occupied non-deed restricted dwelling units. We shouldn't loose sight of that. #2 reads as written except adding deed restriction current residential property for employee housing, subject to Town Council approval. If that doesn't work then come up with another way to preserve and protect. 2. Allow current residential property owners, including vacant residential land, to participate in the lottery with the understanding that they must either 4)-deed-restrict their current residential property for employee housing, subject to Town Council approval, or2) PrePefty Ruther discussed his lottery process take on the weighted lottery. The Board discussed different weighted scenarios. . The Board recommended total of 5 tickets maximum. 1. Enter lottery meeting minimum criteria = 1 ticket 2. Work in Vail = 1 ticket 3. Work in Vail 10years or more = 1 ticket 4. Live in Vail = 1 ticket 5. Live in Vail 10years or more = 1 ticket If applicant meets all 5 criteria they get a total of 5 tickets, i.e. entries. Basis is on cumulative years in Vail. During the lottery all names/tickets will be placed in tumbler and all names will be pulled creating a wait list for the sale. Does name get stricken after name pulled with multiple tickets?Yes name pulled all other tickets removed, don't count. Wilkins asked when does one enter. Applications will be accepted as homes become available. Ruther brought up the employee housing guidelines. There are certain obligations today which we need to make sure we adhere to doing re-sale. 2 weeks ads, 2 open houses, Morales motioned to enter Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests; for Page 4 the purposes of receiving legal advice on specific legal questions and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED applications and deed restrictions. MOTION: Morales SECOND: Wilkins VOTE: 4-0 (all in favor) VLHA convened executive session. Present were Lindstrom, Morales, Meza and Wilkins, staff consisted of Ruther and Campbell. The Board reconvened the regular meeting at 5:06PM. Morales reviewed the housing subcommittee will meet 1st Thursday following the first Tuesday council meeting. The Bruno and Moffet want to review Housing Guidelines review, way to invest in deed restrictions outside the Town of Vail, housing policies and additional funding. The Board needs to review and recommend to Council interest in investing in down valley deed restrictions. Ruther reminded the Board the Town Council joint afternoon session is scheduled for June 5th Wilkins made a motion to adjourn the meeting at 5:15 PM. MOTION: Wilkins SECOND: Meza VOTE: 4-0 Next Meeting — May 22, 2018 Future Agenda Items: • Housing Policy Update Discussion • Update Economic Value of Housing Discussion • VLHA Business Plan • East Vail Parcel Update • Open Lands Plan Discussion • West Vail Master Plan Discussion Page 5 RESOLUTION NO. 11 Series of 2018 RESOLUTION APPROVING THE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS HOMESTAKE AT VAIL UNIT A107, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 1136 SANDSTONE DRIVE UNIT A107, VAIL COLORADO; SUBJECT TO RATIFICATION BY THE VAIL TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Local Housing Authority (the "Authority"), in the Town of Vail, County of Eagle and State of Colorado is duly organized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Authority have been duly appointed and qualified; and WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to purchase a Type III Deed Restriction (the "Deed Restriction") on the property legally described as Homestake at Vail Unit A107, Eagle County, Colorado with a physical address of 1136 Sandstone Drive Unit A107, Vail Colorado (the "Property"); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Deed Restriction on the Property is hereby approved by the Authority at the maximum purchase price of$65,000. 2. The Chairman of the Vail Local Housing Authority is hereby authorized to execute, on behalf of the Town, an agreement to purchase the Deed Restriction and to take whatever steps are necessary to complete the purchase of the Deed Restriction on the Property. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local Housing Authority Town of Vail held this 30th day of May, 2018. Steve Lindstrom, Chairman of the Vail Local Housing Authority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority Resolution No. 11, Series of 2018 RESOLUTION NO. 8 Series of 2018 RESOLUTION APPROVING THE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS PINE RIDGE TOWNHOUSE UNIT 6, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2195 CHAMONIX LANE UNIT 6A, VAIL COLORADO; CONTINGENT UPON SUBORDINATION AGREEMENT AND SUBJECT TO RATIFICATION BY THE VAIL TOWN COUNCIL; AND SETTING FORTH DETAILS IN REGARD THERETO. AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Local Housing Authority (the "Authority"), in the Town of Vail, County of Eagle and State of Colorado is duly organized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Authority have been duly appointed and qualified; and WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to purchase a Type III Deed Restriction (the "Deed Restriction") on the property legally described as Pine Ridge Townhouses Unit 6, Eagle County, Colorado with a physical address of 2195 Chamonix Lane Unit 6A, Vail Colorado (the "Property"); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The purchase of the Deed Restriction on the Property is hereby approved by the Authority at the maximum purchase price of$90,000 . 2. The Chairman of the Vail Local Housing Authority is hereby authorized to execute, on behalf of the Town, an agreement to purchase the Deed Restriction and to take whatever steps are necessary to complete the purchase of the Deed Restriction on the Property. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local Housing Authority Town of Vail held this 30th day of May, 2018. Steve Lindstrom, Chairman of the Vail Local Housing Authority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority Resolution No. 8, Series of 2018 (° TOWN OF VAI5 Memorandum To: Vail Local Housing Authority From: Housing Department Date: May 30, 2018 Subject: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at 44 Vail Road Unit 3 in exchange for the placement of an employee housing deed restriction on another dwelling unit location to be determined pursuant to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Alejandro Gonzalez Cimadevilla, represented by K.H.Webb Housing Coordinator: Lynne Campbell DESCRIPTION OF REQUEST The owner of 44 Willow Place Unit 3 /44 Vail Road Unit 3 that has a non compliant 489 square foot Employee Housing Unit and requests to exchange this EHU for placement of an Employee Housing Unit Deed Restriction on another dwelling unit location to be determined. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The exchange EHU shall not be part of any employee housing project developed or deed restricted (in part or in whole) by the town of Vail. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. The existing Type III EHU was built in 1994 and recorded in May 1995 using common area gross residential square footage. Each of the 3 condominiums at 44 Willow Place contains an EHU. All are required to submit an annual affidavit indicating if the unit is rented and are not required to rent. The EHU is not part of any employee housing project developed or deed restricted nor is it part of any required mitigation. Therefore, Staff believes the proposed EHU conforms to this criterion. 2. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. The exchange EHU was built as part of the original construction of 3 condominiums using common area to add an EHU in each condominium. The EHU is not part of an approved development plan. Therefore, staff believes this exchange EHU complies with the applicable requirements. 3. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. The exchange unit has yet to be identified therefore staff has no evaluation of this criteria at this time. 4. The proposed EHU(s) shall be within a homeowners' association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the administrator. The proposed EHU has not yet been identified and this criteria point will be reviewed by staff at which time the proposed unit location is provided. 5. The proposed EHU shall comply with the minimum size requirements shown in table 13-2 of this section. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. The exchange EHU is located within the commercial job core area. Therefore the proposed EHU shall meet the one of the criteria listed below as noted in Town Code 12- 13-5 Section 3, Exchange Rate For Proposed EHUs: 3a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 3b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. Town of Vail Page 2 If the proposed EHU is located within the commercial job core it must contain a minimum 978 square feet. If the proposed EHU is located outside the commercial job core it must contain a minimum of 1,467 square feet. TABLE 13-2 MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) �I Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet 111111111 6. The ro osed shall contain a kitchlen facilityor kitchenette and a proposed EHU bathroom. Upon the proposed EHU location being identified staff will verify a kitchen facility or kitchenette and a bathroom are present. 7. The property on which the proposed EHU is located shall comply with chapter , "Off Street Parking And Loading", of this title. Parking compliance at the proposed EHU will be verified by staff upon proposed EHU location. 8. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. The proposed EHU entrance will be verified by staff upon proposed EHU location. Ill. ATTACHMENTS Applicant Request 05212018 Original Approved Lower Level Floor Plan Exchange EHU Deed Restriction Town of Vail Page 3 5.21.18 revised Vail Local Housing Authority Attn:George Ruther 75 S. Frontage Road Vail,Colorado 81657 Re: EHU Exchanges for 44 Willow Place, Unit 3 and 1 170 Westhaven Drive Dear VLHA Board Members, Thank you for your assistance in these matters and the urgency in resolving the EHU exchange at 44 Willow Place, Unit 3! As George and I have discussed in recent weeks,we are looking for creative and affordable solutions to remove the EHU's from both of these properties in Vail as well as provide valid and 100%occupied EHU's in the Town of Vail. As you may know both of my clients purchased these properties with the requirements for EHU's already on them. 44 Willow Place was purchased by Alejandro Gonzalez Cimadevilla in the fall of 2015 with a previously never occupied and invalid EHU in place. As we proceeded with a fully TOV approved and Permitted renovation of the property that is now in its final phases,we realized the EHU mandate of the property and its lack of functional nature. We are now in process of purchasing a EHU Deed Restriction on another property in Vail to do a 3 to I exchange for 489sf or 1,467sf. At the moment,the property we are pursuing is +/- 2,100sf and we propose to Deed Restrict the entire amount but enable our client to transfer the excess square footage to remove another Deed Restriction for an un-built home at 1 170 Westhaven Drive,that is in the early stages of design. That property has a requirement for a Type 111/500sf EHU and we also propose a 2 to I Exchange for 1,000sf. To complete the exchange at that property,we will purchase a deed restriction on another property that is at least 367sf so there will be no loss in units or square footages in the Town of Vail. The Westhaven proposal is a bit more complex and will require an SDD Amendment,we will retain Dominic Mauriello to aid in the approval process also. At this point,we still need to finalize details and bank approvals with the seller of the Deed Restriction but are looking for the VLHA to approve this proposal so we may continue forward in an expeditious manner to resolve these matters. We look forward to your assistance with this matter! Sincerely, KflW �Itt k Kyle H. Webb,AIA K.H.WEBB ARCHITECTS P.C. CC: Alejandro Gonzalez Cimadevilla Rick Travers Esq.Wear Travers and Perkins Ignacio Torras Greg Perkins Esq. Wear Travers and Perkins Chris Neubecker, Planning Manager Matt Mire, Town Attorney Dominic Mauriello, MPG /la 141I.S1 IIUId'IiPilll) (IN(ll![ '11111'. 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IIIIIIIIIIIIIIII1 „oulomilu,„0„,„,„ „„,H , . 10- TYPE HI EMPLOYEE HOUSING UNIT 79/ RESTRICTIVE COVENANT B.m.S. & P. a Colorado Limited Partnerthip wHcnEAS, is the owner of certain properly ("the Owner) described asY nit 3 E.11.0. , a Portion of unit 3, 44 Willow Place, accordin. to the COndominium Map recorded ii C1 lb noon tt Page LI , and as defined and described in the (146dom{nium Declaration recorded . , in ;on acr, a age Qua y a d • .rado. ("the Property");and WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or apartment located on the Property for the benefit of the Owner and the Town of Vail, Colorado ("the Town"). NOW, THEREFORE,the Owner does hereby impose,establish, acknowledge,declare for the benefit of all persons who may hereinafter purchase, or lease,or hold the subject land the following restrictions,covenants, and conditions, all of which shall he deemed to run with the land and inure to the benefit and be bonding upon the Owner, its respective grantees, successors, and assigns. 1. Unit or Apartment 3 E.H.u. 489 containing square feet,is hereby restricted as rir\ a Type Ill Employee Housing Unit (EHU) which must comply with all the provisions of Sections 18.57.020, 1157,030, and 10.57.060 of!he Vail Municipal Code as amended. 2. The Type III Employee Housing Unit shall not be leased or rented for any period of less than thirty(30) consecutive days;and, if it shall be rented, it shall be rented only to tenants who are full time employees who work in Eagle County. For the purposes of this paragraph, a full lime employee Is one who works an average of a minimum of thirty pm hours each week. 3. A Type III EHU may be sold, transferred,or conveyed separately from other dwelling units or Employee Housing Units that may be located on the same lot or within the same building so long as it meets the following conditions: a) It must be used by the owner of the EHU as a permanent residence. For the purpose of this paragraph, a permanent residence shall mean the home or qt-1 place in which one's habitation is fixed and to which one,whenever he or she cy is absent, has a present intention of returning after a departure or absence " therefrom,regardless of the duration of absence. In determining what Is a REC 15.00 e k & Recorder 562503 B-666 Eagle ount y C r P-4 80 05/0C 3/95 Sara J, Fisher 04:l42P PG 1 OF 3 DOC permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence into account:business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children it any,location of personal and real property,an motor vehicle registration. b) II a Type III EHU is sold, transferred,or conveyed separately from the other dwelling units and/or Type III Employee Housing Units in a multifamily structure it is apart of, or from other dwelling units and/or Type III EHUs located on the same lot, the Type Ili EHUs in the structure or on that lot shall be subject to all the provision set forth in Section 18.57.020. 4. Thirty days prior to the transfer of a deed for a Type III EHU, the prospective purchaser shall submit an application lo the Community Development Department documenting that the prospective purchaser meets the criteria set forth above and shall include an affidavit affirming that he or she meets these criteria. 5. The Type III EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town at Vail, 6. No later than February 1 of each year, the owner of each employee housing unit within the Town which is constructed following the effective dale of this ordinance shalt submit Iwo (2) copies of a report of a lorm to be obtained from the community Development department, to the Community development Department of the Town of Vail and • Chairman of the Town of Vail Housing Authority selling forth evidence establishing that each tenant whom resides within their employee housing unit is a full-time employee in Eagle County. 7. The provisions of these restrictive covenants may be enforced by the Owner and the Town. `-• 8. The conditions,restrictions, stiputations, and agreements contained herein shall not be 1-0 waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. 2 562503 8-666 P-480 05/03/95 04 :42P PG 2 OF 3 / I TOWN OF VAIL, a Colorado municipal corporation By: Robert W. McLaurin, Town Manager l I re' The foregoing instrument was acknowledged before me this " dayA4-,, ot 0 Notary Public hfy Commission Expires June 17 19a.) . ' My commission expires: By: ,55( ;) nit 164,1-444)0 P perDwners The foregoing instrument was acknowledged before me this,-/ g/day of .L7iee, / 7 -"- Nora Public KIM E. GALKO NOTARY PUBUC STATE,OF COLORADO My commission expires: nrt,, Exprec 7.11 PR 562503 B-666 P-480 05/03/95 04:42P PO 3 OF 3 00 3 x \ / 2 " a 8 N- a) ® / / C• . k -0• N / IL. 0- L. 2 - C) o : o C — — 0) % 2 ' N j .E ER § Wco 0 CO \ m kuJk 2 @ = CT Ce ii ii w 1 CD Rewe D w \ \ cp 2 § w ° 0) C - co E: \ 0) c G ■ 9c E < G t � If - \ k w X + ) \ \ W - as t D 2 E \ u_ < 2 = m < u_ Et z W 7 $ i CY 0 0 0 _LU 0 x e x i \ CO , a G e .[ .[ E I �� �� �� LU I I 2 2 2 co 2 2 0 0 j < _ 0 0 _ = s _ $ o m o f •2 o E E ® 2 0 2 a E E E [ o E o S 0 / \ / 0 _ _ § z / e a E 7 7 ` % a = \ \ \ \ $ I0 \ .11 \ a — . 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